Tender Document

TENDER DOCUMENT

FOR

Name of work: “BITUMINOUS TOPPING OF ROAD FROM VELANPUTHUKUDI VILLAGE TO SLUICE JUNCTION NEAR MAGAZINE BUILDING AT KOTHANGUDI, TRANQUEBAR TALUK, NAGAPATTINAM DISTRICT”

OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES CIVIL ENGINEERING SECTION NERAVY COMPLEX, KARAIKAL- 609 604, PUDUCHERRY-UT

OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, INDEX CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py)

Index

Page SECTION Contents Page to from VOLUME – I (Techno-Commercial Bid)

Notice Inviting Tender (NIT) 1 6 Annexure – I Instructions to Bidders (ITB) 7 45 Model contract and General contract conditions Annexure - II 46 79 (GCC) Annexure – II A Clauses of contract 80 121 Scope of work – III A, Specification of work – III B, Special conditions of contract – III C and Price bid Annexure - III 122 131 proforma / Schedule of rates (Schedule – B) – III D Annexure – IV Bid Evaluation Criteria (BEC) 132 137 Annexure – V BEC Matrix 138 146 Certificate in bidders official letter head accepting Annexure – VI 147 - the terms and conditions of tender document Format for agreement between bidder and their Annexure – VII 148 - parent company Annexure – VIII Proforma for parent company guarantee 148 - Proforma for declaration on banning of firms by Annexure – IX 149 - ONGC Annexure – X Deleted 150 - Proforma for undertaking for submission of GST Annexure – XI 151 - registration certificate Annexure – XII Proforma for undertaking for input tax (GST) credit 152 - Annexure – XIII Undertaking for submission of EPF code 153 - Profroma for unconditional acceptance of tender Annexure – XIV 154 - document, Mobilisation period and contract period Proforma for undertaking by the bidder regarding Annexure – XV submission of documents / certificates / information 155 - are genuine

VOLUME – II (Price Bid)

Price Format containing preamble, Schedule-B Annexure – III D 156 157 and declaration by the bidder

OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES,

CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py)

TENDER DOCUMENT

FOR

Name of work: “BITUMINOUS TOPPING OF ROAD FROM VELANPUTHUKUDI VILLAGE TO SLUICE JUNCTION NEAR MAGAZINE BUILDING AT KOTHANGUDI, TRANQUEBAR TALUK, NAGAPATTINAM DISTRICT”

VOLUME – I

TECHNO-COMMERCIAL BID

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) NOTICE INVITING TENDER

NOTICE INVITING TENDER

Open percentage rate tender under E-procurement in TWO BID SYSTEM is hereby invited on behalf of Oil & Natural Gas Corporation Ltd. from reputed and experienced working contractors meeting the criteria given in bid documents through its e-procurement site at http://etender.ongc.co.in.

A. The details of the Tender are given below:

TENDER NO. VC1CC18051 Dated: 06.08.2018 NAME OF WORK “BITUMINOUS TOPPING OF ROAD FROM VELANPUTHUKUDI VILLAGE TO SLUICE JUNCTION NEAR MAGAZINE BUILDING AT KOTHANGUDI, TRANQUEBAR TALUK, NAGAPATTINAM DISTRICT” ESTIMATED COST Rs. 36,44,393.00

CATEGORY Civil Construction

TYPE OF TENDER Indigenous EARNEST MONEY DEPOSIT Rs. 88,924.00 (EMD) JOB COMPLETION TIME 02 (Two) Months SITE LOCATION AT KOTHANGUDI, TRANQUEBAR TALUK, NAGAPATTINAM DISTRICT Start date & time of participation in website 07-08-2018 at 00:00:01 Hrs. https://etender.ongc.co.in/irj/po rtal Last Date and time of receipt 31-08-2018 up to 14:00:00 Hrs of bids in e-tender website and receipt of Physical documents Place of receipt of Physical Tender Box, Main Security Gate/ Office of LM (works), documents Engineering Services, Cauvery Asset, ONGC Ltd, Neravy Complex, Karaikal- 609604 (Puducherry)

Date, time and place of 31-08-2018 at 15:00:00 Hrs. at the Office of LM (Works), opening of techno commercial Engineering Services, ONGC Ltd, Neravy Complex, Karaikal- bid & Physical documents 609604 (Puducherry) Date and time of opening of Will be intimated separately to the technically qualified bidders. price bid Name & Address of Tender Mr. P. Sundararajan- DGM(C) Contact No. 9442500570 receiving Officer Mr. K.S.V Lakshminarayana- EE (C)-9442500742

B. Bidding Documents consist of two volumes:

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) NOTICE INVITING TENDER

Volume-I (Techno-Commercial Bid):

Notice Inviting Tender (NIT) Annexure – I Instructions to Bidders (ITB) Annexure - II Model contract and General contract conditions (GCC) Annexure – II A Clauses of contract Scope of work – III A, Specification of work – III B, Special conditions of Annexure - III contract – III C and Price bid proforma / Schedule of rates (Schedule – B) – III D Annexure – IV Bid Evaluation Criteria (BEC) Annexure – V BEC Matrix Certificate in bidders official letter head accepting the terms and Annexure – VI conditions of tender document Annexure – VII Format for agreement between bidder and their parent company Annexure – VIII Proforma for parent company guarantee Annexure – IX Proforma for declaration on banning of firms by ONGC Annexure – X Deleted Annexure – XI Proforma for undertaking for submission of GST registration certificate Annexure – XII Proforma for undertaking for input tax (GST) credit Annexure – XIII Undertaking for submission of EPF code Profroma for unconditional acceptance of tender document, Mobilisation Annexure – XIV period and contract period Proforma for undertaking by the bidder regarding submission of Annexure – XV documents / certificates / information are genuine

Volume –II (Price Bid):

Annexure – III D Price Format containing preamble, Schedule-B and declaration by the bidder.

The Tender will be governed by terms and conditions mentioned in the tender document as well as the instructions contained in the website http://etender.ongc.co.in. The offered material and services should strictly conform to Technical specifications. The Bid Evaluation Criteria will be the basis of evaluation of the offer. Techno-Commercial Matrix of Tender Document should be duly filled in and digitally signed by the authorized signatory of the bidder failing which the bid is liable to be rejected.

C. Tender Fee: Not Applicable

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) NOTICE INVITING TENDER

D. In case of any unscheduled holiday or eventuality which may prevent ONGC to open tender on the scheduled date, the next working day will be treated as the scheduled prescribed day for Tender Sale/Submission/ Opening.

In case of exigencies ONGC at its option may decide to extend tender sale/ Techno- commercial bid closing/ opening date/time in future which will be posted on “tenders.ongc.co.in” and etender.ongc.co.in” (for e-Bid) websites for information. Bidders should regularly visit ONGC tender website for the latest information in this regard.

New vendors should ensure to approach ONGC for issue of vendor code number along with all required documents minimum 5 working days prior to bid closing date.

E. Resolutions of Clarifications/Exceptions/Deviations to Tender Terms, conditions &Specifications.

Exceptions/deviations/clarifications, if any, to Tender terms and conditions & Specifications are to be sorted out during Pre-Bid Conference before submission of bids.

ONGC expects bidders to conform compliance to Tender terms and conditions & Specifications which shall stand frozen after Pre-Bid conference, failing which bids are liable to be rejected.

Hence, the bidders in their own interest are advised to submit their bids complete in all respects conforming to all terms and conditions of the bid document.

Bids shall be evaluated based on the information/documents available in the Bid. Hence, the bidders are advised to ensure that they submit appropriate and relevant supporting documentation along with their offer in the first instance itself. Bids not complying with the requirements of bid documents may be rejected without seeking any clarification.

No deviations/exceptions to the provision of the bidding documents shall be entertained after opening of Techno-commercial bids.

F. E-procurement under Two Bid System shall be followed for this Tender. Bidders should take due care to submit the bid in accordance with the requirements in separate folders.

G. Offers sent without having the prescribed Bidding documents of ONGC and without complying with terms and conditions of bidding documents for submitting the offer, will be ignored.

H. Please note that the bid along with all the appendices and copies of documents (except copies of the documents required in physical form) should invariably be submitted in the “Document area in C-Folder” through ONGC’s e-bidding portal, before the scheduled date and time for the Tender closing. All the documents uploaded shall be digitally signed by the authorized signatories of the bidder.

However, the following documents should be submitted in physical form also, in a sealed envelope superscribed as "Physical documents against e-procurement Tender Number ------, due on ………………….", To be opened by Tender opening officer at 15:00 Hrs, on due date for opening of bid” [Documents should reach to the BID SUBMISSION OFFICE (i.e Tender Box, Main Security Gate/ Office of LM (works), Engineering Services, Cauvery Asset, ONGC Ltd, Neravy Complex, Karaikal- 609604 (Puducherry) on or before 14:00 Hrs, of the closing date specified for submission of bid through e-bidding portal 1. The original bid security/ EMD.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) NOTICE INVITING TENDER

Bidder shall furnish as part of his techno-commercial bid, Bid Security (EMD) for an amount as specified above for which bidder is quoting in any of the following modes:

i. . Bank Draft ( DD/BC/PO) in favour of Finance & Accounts Officer, Oil and Natural Gas Corporation Ltd., Karaikal and payable at Karaikal.

ii. In case of DD/BC/PO the same should have been established after publication of NIT and not later than the prescribed date of submission of the bid

Bid not accompanied with EMD/ original Bid Bond, shall be summarily rejected.

2. The “Power of Attorney” or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder, in original, when the power of attorney is a special “Power of Attorney” relating to the specific tender of ONGC only.

3. A notarized true copy of the “Power of Attorney” shall also be accepted in lieu of the original, if the power of attorney is a general “Power of Attorney”. However, photocopy of such notarized true copy shall not be accepted.

4. ‘Integrity Pact’ duly signed (applicable for the tenders of value above 100.00 Lakhs).

5. Memorandum of Understanding, Agreement wherever applicable. (as per BEC and Annexures)

6. Supporting documents in respect of pre-qualification criteria and technical / commercial BEC.

7. Any other documents required to be submitted in original as per tender requirement.

8. The price bids submitted in physical form against e-procurement tenders shall not be given any cognizance.

I. The integrity pact (applicable for the tenders of value above 100.00 Lakhs) placed at Appendix – 11 of ITB should be duly filled and signed and scanned copy of the same is to be submitted in the “Document area in C-Folder” through ONGC’s e-bidding portal along with techno-commercial bid.

J Eligibility and experience criteria:

J.1 Experience Criteria

Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following.

a Three similar completed works each costing not less than the amount equal to 40% of the estimated cost. or 4

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) NOTICE INVITING TENDER

b Two similar completed works each costing not less than the amount equal to 50% of the estimated cost. or c One similar completed work costing not less than the amount equal to 80% of the estimated cost

Note 1. Similar works means “Construction of Drill Sites/Drill Site Accommodations/Buildings/Semi permanent buildings/sheds/ Compound walls/Bridges/Culverts/Cross Drainage works” or “Construction/ Re- construction/Repairing/Widening/Improving/Strengthening of WBM roads/Bituminous surface roads/Concrete roads” or “Renovation/Repairing of buildings/sheds/DSAs” or “Any other Civil works in Drill sites/Production Installations/Canal works”

2. The above said similar work should have been executed for public utilities, state government, central government, state PSU’s and central PSU’s

3. Bidder should submit copies of documentary evidence in respect of execution of each of the works/jobs mentioned by the bidder indicating respective contract/LOI/NOA/WO number and name of work, in the form of copies of any of the document such as, completion certificate or performance report or release of final payment against the contract or proof of release of performance security/guarantee after completion of contract or any other documentary evidence that can substantiate the completion of each of the works/jobs mentioned by the bidder against experience.

J.2 In case the bidder is an Indian Company/Indian Joint Venture company; either the Indian company/Indian Joint venture Company /Joint venture partner should meet the criteria laid down at J.1 above.

J.3 DELETED.

J.4 (a) Bidders should submit Memorandum Of Understanding (MOU) / Agreement with their /joint venture partner (in case of Joint venture) clearly indicating their roles under the scope of work.

(b) MOU/ Agreement concluded by the bidder with joint venture partner (in case of joint venture), should also be addressed to ONGC, clearly stating that the MOU /Agreement is applicable to this tender and shall be binding on them for the contract period. Notwithstanding the MOU /Agreement, the responsibility of completion of job under this contract will be with the bidder.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) NOTICE INVITING TENDER

J.5 DELETED

J.6 Bidder to confirm owning single point responsibilit1y during the entire period of contract.

K. The Price bid shall contain only the prices duly filled in the on-line price format of ONGC’s e-procurement engine.

L. ONGC shall not be responsible for any delay in bid submission due to last minute rush or server becoming slow/busy/ not responding.

M. Bids submitted by the bidder in any other mode will not be accepted and will be summarily rejected

N. ONGC reserves the right to reject any or all the tenders received without assigning any reason thereof. O. Purchase preference facility to MSE’s not applicable

P. Minimum Requirement of technical staff for the work

The contractor shall employ the following technical staff during the execution of this work:

Principal technical representative / technical representative:

i. One Graduate Engineer (in Civil Engineering) with nil experience (or) Diploma Engineer with 5 years’ experience for the works costing Rs. 10 lakhs and up to 50 lakhs – principal technical representative

ii. One Graduate Engineer (in Civil Engineering) with 5 years’ experience for the works costing above Rs. 50 lakhs and up to 200 lakhs – principal technical representative

iii. For the works costing above Rs. 200 lakhs and upto Rs. 500 lakhs - One Graduate Engineer (in Civil Engineering) with 5 years’ experience as principal technical representative and One Graduate Engineer (in Civil Engineering) with nil experience (or) Diploma Engineer with 5 years’ experience as technical representative.

Q. Q. Implementation of fair wage policy Consequent upon the revision of rates of VDA / Minimum wages by Govt. Notification or amendments in labour laws, coming into effect after submission of price bid or revised price bid, if any, and during the currency of the contract, the contractor shall be reimbursed by ONGC for additional expenditure due to such change and also consequential change in all other components of fair wages only on the additional component.

Such reimbursement by ONGC shall be subject to production of documentary evidence by the contractor of making such payment to the contract labour and depositing with the statutory authorities wherever required, to the satisfaction of ONGC and to the extent where such payment is directly attributed to change in VDA / minimum wages and all social security benefits by Govt. Notification / amendments in labour laws.

DGM (CIVIL) - I/C Contract management

ANNEXURE - I

INSTRUCTIONS TO BIDDERS

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

1.0 INTRODUCTION

1.1 The Oil and Natural Gas Corporation Limited (ONGC) registered under the Companies Act (1956), having its registered office at Pandit Deen Dayal Upadhyaya Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070-India and one of its Project offices at Cauvery Asset, Karaikal, India, invites bids under two bid system, from technically capable and financially sound domestic Bidders on Open Tender Basis, for “As mentioned in NIT”

1.2 Scope of Work:

a) 2.5 cm thick premix carpet. b) Seal coat c) Road side berms are strengthen with gravel

2.0 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and delivery of his bid and the Company will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

3.0 Joint Venture

3.1 In view of the complexity of nature of Work involved as covered by the Bidding Documents, it is anticipated that some of the intending bidders may pool their resources and experiences to form Joint Ventures. In their own interest the bidders are advised to investigate the capabilities, availability of expertise and resources such as construction equipment, experienced personnel, financial soundness, past experience and concurrent engagements of constituting partners/members of the joint venture.

3.2 In the event that the successful bidder is a joint venture formed of two or more companies, the Company requires that the parties to the joint venture accept joint and several liabilities for discharging all obligations under the Contract. 3.3 DELETED.

3.4 The bid may be signed by all members of the Joint Venture. Alternatively, the leader may sign the bid. In such a case, the Power of Attorney from each member authorizing the leader for signing and submission of Bid on behalf of individual member must accompany the Bid offer. Other members of Joint Venture may participate in techno-commercial discussions and sign the minutes of such discussions/meetings along with the leader. In case of joint venture bids, the bid bond bank guarantee should be submitted in the joint name of the joint venture members. In case the joint venture bid is led by an Indian Company the bid bond can be submitted in Indian rupees. However in case the joint venture bid is led by an Foreign Company the bid bond should be submitted in foreign currency. 3.5 Documents/details pertaining to qualification of bidder as per Proforma of documents attached with the Bidding Documents must be furnished by each partner/member of joint venture complete in all respects along with the bid offer, clearly bringing out their experience especially in the form of work in their scope.

3.6. DELETED

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

3.7 Signing of Contract In the event of the Work is awarded to the joint venture, the Contract may be signed by the leader and members of the joint venture and the liability of each one of them shall be joint and several. Alternatively, the Contract may be signed by an authorized officer of the joint venture on its own behalf as well as on behalf of each and every member separately with a valid power of Attorney from each member duly notarized and thereafter every member should countersign the Contract within one month, and the liability of each one of them shall be joint and several.

3.8 The leader on behalf of the Joint Venture shall undertake full responsibility for timely completion of Work and shall co-ordinate with Company with specified agencies during the period the bid offer is under evaluation as well as during execution of Work in the event the Work is awarded. He shall also be responsible for resolving disputes/misunderstanding/ undefined activities if any amongst all the Joint Venture members.

3.9 Experience

Joint Venture must fulfill the experience criteria as detailed in the Bidding Documents / Bid evaluation Criteria for Company's consideration.

3.10 The following provisions should also be incorporated in the Memorandum of Understanding executed by the members of the Joint Venture viz.

i) All the Joint Venture members are jointly and severally responsible for discharging all obligations under the Contract.

ii) The role and scope of work of each joint venture member is as attached/annexed with the Memorandum of Understanding.

iii) The leader of the Joint venture on behalf of the Joint Venture shall co-ordinate with Company or with other specified agencies during the period the bid is under evaluation as well as during the execution of Work in the event Work is awarded and he shall also be responsible for resolving disputes/misunderstanding/undefined activities, if any, amongst all the joint venture members.

iv) Any correspondence exchanged with the leader of joint venture shall be binding on all the joint venture members.

v) Payment shall be made by Company only to the leader of joint venture towards fulfillment of Contract obligations. (If direct payment to each member is required for their part of Scope of Works, the same should be clearly indicated in the bid along with member-wise details of price break-up).

vi) The conditions spelt in Clause 3 above shall be binding and acceptable to all the joint venture members.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

4.0 Assurance The successful bidder will be required to give satisfactory assurance of its ability and intention to supply the Goods and Services pursuant to the Contract, within the time set forth therein.

5.0 Site Visit, Local Conditions etc.

5.1 Site Visit

5.1.1 The Bidder is advised to visit and examine the Areas of Works and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into a Contract. The costs of visiting the Site shall be at Bidder's own expense.

5.1.2 The Bidder and any of his personnel or agents will be granted permission by the Company to enter upon its premises and lands for the purpose of such inspection, but only upon the express condition that the Bidder, his personnel or agents, will release and indemnify the Company and his personnel and agents from and against all liability in respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses however caused, which, but for the exercise of such permission would not have arisen. 5.1.3 Failure to visit the Areas of works or failure to study the Bidding Documents will in no way relieve the successful bidder from furnishing any material or performing any work in accordance with the Bidding Documents, as a lump-sum turnkey contract.

5.2 Local Conditions

5.2.1 It will be imperative for each bidder to fully inform himself of all local conditions and factors which may have any effect on the execution of the Contract as described in the Bidding Documents. In their own interest, the foreign bidders are particularly requested to familiarize themselves with the Income Tax Act 1961, the Insurance Act, 1938, the Companies Act, 1956, the Customs Act, 1961, including any amendments thereof and other related acts and laws prevalent in India.

The Company shall not entertain any request for clarification from the bidder, regarding such local conditions.

It is the responsibility of the bidder that such factors have properly been investigated and considered while submitting the bid proposals and that no claim whatsoever including those for financial adjustment to the Contract awarded under the Bidding Documents will be entertained by the Company and that neither any change in the time schedule of the Contract nor any financial adjustments arising thereof shall be permitted by the Company on account of failure of the bidder to appraise himself of local laws/ conditions.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

6.0 Contents of Bidding Documents

6.1 The set of Bidding Documents issued for the purpose of bidding includes the following Volumes:

Volume-I (Techno-Commercial Bid):

Notice Inviting Tender (NIT) Annexure – I Instructions to Bidders (ITB) Annexure - II Model contract and General contract conditions (GCC) Annexure – II A Clauses of contract Scope of work – III A, Specification of work – III B, Special conditions of Annexure - III contract – III C and Price bid proforma / Schedule of rates (Schedule – B) – III D Annexure – IV Bid Evaluation Criteria (BEC) Annexure – V BEC Matrix Certificate in bidders official letter head accepting the terms and conditions of Annexure – VI tender document Annexure – VII Format for agreement between bidder and their parent company Annexure – VIII Proforma for parent company guarantee Annexure – IX Proforma for declaration on banning of firms by ONGC Annexure – X DELETED Annexure – XI Proforma for undertaking for submission of GST registration certificate Annexure – XII Proforma for undertaking for input GST credit Annexure – XIII Undertaking for submission of EPF code Profroma for unconditional acceptance of tender document, Mobilisation period Annexure – XIV and contract period Proforma for undertaking by the bidder regarding submission of documents / Annexure – XV certificates / information are genuine

Volume –II (Price Bid):

Annexure – III D Price Format containing preamble, Schedule-B and declaration by the bidder.

7.0 Clarification of Bidding Documents

Prospective bidders requiring clarification of the Bidding documents may notify the Company, through E-procurement portal, latest by the time and date mentioned in NIT, so that the same can be taken up during Pre-Bid Conference scheduled as per NIT.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

8.0 Amendment/Addendum of Bidding Documents

8.1 The Company may, for any reason, whether its own initiative or in response to a clarification request by a prospective bidder modify the Bidding Documents by amendment/ addendum.

8.2 The amendment/ addendum shall be part of the Bidding Documents pursuant to Clause 6.1 above will be notified through ONGC e-procurement website to all prospective bidders who have received the Bidding Documents and will be binding on them. Bidders will be required to view and down load any such amendment / addendum to the Bidding Documents.

8.3 In order to afford prospective bidders reasonable time in which to take the amendment/addendum into account in preparing their bids, the company may allow additional time to the bidders for submission of bids after issuance of such amendment/addendum. Such additional time will be notified to all the bidders.

9.0 LANGUAGE AND SIGNING OF BID

9.1 The bid prepared by the bidder and all correspondence and documents relating to the bid exchanged by the Bidder and the ONGC shall be written in English language. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in English, duly authenticated by local chamber of Commerce of bidder’s country, in which case, for purposes of interpretation of the bid, the translation shall prevail.

9.2 Bids shall be submitted in the prescribed bid proforma as per appendices 1 to 9 of Annexure-I. The prescribed proforma at Appendices of Annexure I, duly filled in and signed should be returned intact whether quoting for any item or not. When items are not being tendered for, the corresponding space should be defaced by some such words as "Not Quoting".

9.3 In the event of the space on the bid proforma being insufficient for the required purpose, additional pages may be added. Each such additional page must be numbered consecutively, showing the tender number and should be duly signed. In such cases reference to the additional page(s) must be made in the bid.

9.4 The bid proforma referred to above, if not returned or if returned but not duly filled in will be liable to result in rejection of the bid.

9.5 The Bidders are advised in their own interest to ensure that all the points brought out in the check list are complied with in their bid failing which the offer is liable to be rejected.

9.6 The bids can only be submitted in the name of the Bidder in whose name the bid documents were issued by ONGC. The bid papers, duly filled in and complete in all respects shall be submitted together with requisite information and Annexures/Appendices. It shall be complete and free from ambiguity, change or interlineations.

9.7 The bidder should indicate at the time of quoting against this tender their full postal and telegraphic/telex /fax addresses and also similar information in respect of their authorised agents in India, if any. 12

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

9.8 The Bidder shall sign its bid with the exact name of the firm to whom the contract is to be issued. The bid shall be duly signed and sealed by an executive officer of the Bidder's organisation. Each bid shall be signed by a duly authorised officer and in the case of a Corporation the same shall be sealed with the corporation seal or otherwise appropriately executed under seal.

9.9 The bidder shall clearly indicate their legal constitution and the person signing the bid shall state his capacity and also source of his ability to bind the Bidder.

9.10 The power of attorney or authorisation, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder, shall be annexed to the bid. ONGC may reject outright any bid not supported by adequate proof of the signatory's authority

9.11 The Bidder, in each tender, will have to give a certificate in its offer, that the terms and conditions (Annexure I and II), as laid down in this bidding document are acceptable to it in to.

9.12 Any interlineations, erasures or overwriting shall be valid only if they are initialed by the person or persons signing the bid.

9.13 The original bid should be signed manually by the authorised signatory(ies) of the bidder.

10.0 Bidding System

10.1 Two Bid System shall be followed as described in this Clause. The bids shall be submitted only in the name of the Bidder or Joint Venture led by the bidder in whose name the Bidding Documents were issued by Company. The tender papers shall be filled complete in all respects and shall be submitted together with requisite information and Appendices. It shall be complete and free from ambiguity, change or interlineations.

10.2.1 The original Bidding Documents as received by the bidder along-with bidder's tender as prepared by the bidder in original and all other required annexures as given in Clause 11.0, such as power of attorney of the signatory to the tender, descriptive literature and any other information required to be furnished by the bidder shall be construed to constitute the Tender Document.

10.2.2 The % rate (+ or - or at Par ) prices shall be filled by the bidder in the online format of ONGC’s e- procurement engine as per schedule of prices as attachment to price bid under “RFx information” tab of e-procurement engine.

Unpriced techno-commercial Bids shall be submitted in the prescribed bid proforma as per annexures. The above annexures shall be duly filled in without any alteration to ONGC’s proforma whether quoting for full items or not, need to be submitted in the unpriced bid. Any other supporting documents need to be scanned and submitted. The above appendices along with copy of Bid Bond and all other techno-commercial documents other than price details to be submitted with unpriced bid as per tender requirement should be placed in the un-priced bid folder.

The bid and all attached documents should be digitally signed using digital signatures issued by an acceptable Certifying Authority (CA) as per Indian IT Act 2000 (as amended from time to time) before bid is uploaded. If any modifications are made to a document after attaching digital 13

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

signature, the digital signature shall again be attached to such documents before uploading the same.

The authenticity of above digital signature shall be verified through authorized CA after bid opening and in case the digital signature is not authorized the bid will be rejected.

Bidder is responsible for ensuring the validity of digital signature and it’s proper usage by their employee.

10.3 The bid along with all appendices and copies of documents (except copies of the documents required in physical form) should invariably be submitted in the ‘document area in C-folder’ through ONGC’s e-bidding portal, before the scheduled date and time for the tender closing. All the documents uploaded shall be digitally signed by the authorized signatory of the bidder. Each file should be digitally signed and then uploaded. The file (s) should not be zipped in a folder and then digitally singed.

However, the following documents should be submitted in physical form also, in a sealed envelope superscribed as "Physical documents against e-procurement Tender Number ------, due on ………………….", To be opened by Tender opening officer at 15:00 Hrs, on due date for opening of bid” [Documents should reach to the BID SUBMISSION OFFICE on or before 14:00 Hrs, of the closing date specified for submission of bid through e-bidding portal.

BID SUBMISSION OFFICE:

Tender Box, Main Security Gate/Office of LM (works), Engineering Services, ONGC Ltd, Neravy Complex, Karaikal- 609604 (Puducherry)

1. The original bid security / EMD.

2. The power of attorney or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder, in original when the power of attorney is a “special power of attorney” relating to the specific tender of ONGC.

3. A notarized copy of “Power of Attorney” shall also be accepted in lieu of the original, if the power of attorney is a general “Power of Attorney”. However photocopy of such notarized true copy shall not be accepted.

4. ‘Integrity Pact’ duly signed (applicable for the tenders of value above 100.00 Lakhs).

5. Memorandum of Understanding, Agreement wherever applicable (as per BEC and Annexures)

6. Supporting documents in respect of pre-qualification criteria and technical / commercial BEC.

ONGC shall not be responsible for any delay in bid submission due to last minute rush or server becoming slow/busy/ not responding. 14

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

The Schedule of rates is indicated in the price schedule attached with the bid document by ONGC. Bidders will have to quote only one figure as (-)% or (+)% or at par which will be common for all the items i.e. bidder has to quote only one figure in terms of percentage (%) in the price format attached. Bidders are required to put + sign for above, - sign for below & ‘at par’ for at par in the price format under “RFx information” tab of e-procurement engine.

The price bids submitted in physical form against e-procurement tenders shall not be given any cognizance.

Offers with techno-commercial bid indicating prices at any stage before opening of price bid shall be rejected outright.

All bidders shall note that if any price quotation is indicated in any document in the envelope No. 1 submitted by them, the bid is liable to be rejected.

10.4 Bidders are requested to use the formats given as Annexures. (Protected Word/Excel file with space for relevant information to be filled in wherever required).

10.5 The proposal form incorporating the schedule of prices is enclosed in Volume-II of Tender Document. For filling the price bid the bidder should follow the instruction given therein.

10.6 Company will not be responsible for the loss of the documents or for the delay in postal transit.

10.7 The bid including all attached documents shall be digitally signed by duly authorized representative of the bidding company. Each file should be digitally signed and then uploaded. The file (s) should not be zipped in a folder and then digitally singed.

10.8 Bidders shall clearly indicate their legal constitution and the person digitally signing the tender shall state his capacity and also the source of his authority to bind the bidder. The copy of power of attorney or authorization or any other document constituting adequate proof of the authority of the signatory to bind the bidder shall be annexed with un-priced bid folder. The Company may reject outright any tender unsupported by adequate proof of the signatory's authority.

Where the tender is made by Joint Venture, the bidder shall submit a Memorandum of Understanding (MOU) between the Joint venture members as specified in ‘Instructions to Bidder’ and shall specifically indicate full particulars of members of the Joint Venture by whom and/or on whose behalf the tender is being made and shall indicate with reference to each member of the joint venture, whether such member contributes directly to the work or not and if so the what extent he contributes to the said work. In the event of the said work having to be performed by a person/firm who is not a member of the said Joint Venture, the bidder shall also specifically indicate the details of name and address of such person/firm and the bid shall be accompanied by valid proof or authority drawn in favour of Joint Venture and Company to bind such person/firm. Bidder will also indicate the name of leader of joint venture to whom the Company will address all correspondence before and after award of contract. All coordination between the Company and various joint venture members shall be the responsibility of the leader so named/identified.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Other terms and conditions shall apply "mutatis mutandis" as in the case of joint venture arrangement as per Clause 3.0 above. All the partners of joint venture shall be jointly and severally liable to the Company for execution of the entire works and discharging all obligations under the Contract.

10.9 Company reserves the right to seek the revised/adjusted price offer (if any) to the extent and in areas required for evaluation only of such bidder(s) whose technical proposals are acceptable and complete. Company's decision in this regard shall be final and binding on the bidders.

10.10 Concessions / Exemptions Permissible Under Statutes

(a) Bidder, while quoting against this tender, must take cognizance of all concessions permissible under the statutes including the benefit under GST legislations, failing which it will have to bear extra cost where bidder does not avail exemptions/concessional rate of GST. ONGC will not take responsibility towards this. However, wherever required and applicable, ONGC shall provide the necessary documents as required under the notification (s) for the bidders to obtain such concessions.

Bidders must also consider benefits of input tax credit under the GST legislations, as amended from time to time on Input goods/Capital goods / Input Services, while quoting the prices.

(b) Undertaking to provide necessary documents, for enabling ONGC to avail Input tax credit benefits under GST legislation.(Not applicable for bidder under composition levy of the GST legislation)

Further, the bidders shall undertake to provide all the necessary compliances / invoice /documents for enabling ONGC to avail Input tax credit benefits, in respect of the payments of GST which are payable against the contract (if awarded). The successful bidders should provide Tax Invoice issued under GST legislations.

The successful bidders should upload the details of the invoices raised on ONGC on the GST Network within the prescribed time limits and undertake to adhere to all other compliances under the GST regulations/ legislations.

In case any credit, refund or other benefit is denied or delayed to ONGC due to any non-compliance of GST legislation by the bidder such as failure to upload the details of the supply on the GSTN portal, failure to pay GST to the Government or due to non-furnishing or furnishing of incorrect or incomplete documents/ information by the bidder, the bidder would reimburse the loss to ONGC and/ or ONGC may recover the same, but not limited to, the tax loss, interest and penalty.

In accordance with the notification no.10/2017 Integrated Tax (rate) dated 28.06.2017 (as may be amended) issued under GST legislations, the liability to pay 100% GST is on ONGC. Hence, the Bidder shall not include GST in their quoted prices for the Services falling in the above notification. (Work center to incorporate above clause only for services where GST is payable under reverse charge as per notification no. 10/2017 Integrated Tax (rate) dated 28.06.2017) 16

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

The Bidder should quote the applicable GST, clearly indicating the rate and the amount of GST included in the bid and the description of the respective service (as per GST rules) under which the GST is payable.

In the contracts involving multiple services or involving supply of certain goods or materials (which should be consumable in nature forming part of taxable service) along with the services, the Bidder should give separate break-up for cost of goods and cost of various services, and quote GST as applicable for the taxable services and/or goods).

In case the GST is not quoted explicitly in the offer by the Bidder, the offer will be considered as inclusive of all liabilities of GST and ONGC will not entertain any future claim in respect of GST against such offers.

In case, the quoted information related to various taxes and duties subsequently proves wrong, incorrect or misleading:- a) ONGC will have no liability to reimburse the difference in the duty/tax, if the finally assessed amount is on the higher side. b) ONGC will have the right to recover the difference in case the rate of duty/tax finally assessed is on the lower side.

Notes: (Work Centre should delete the conditions mentioned below, which are not applicable for the particular tender)

(i) (Applicable for Indigenous tenders):

The Service Provider should have a valid GST registration certificate under GST legislation and a copy of such registration certificate should be submitted along with the offer. Service to be provided from outside the taxable territory of India :

As per GST rules, for Services received by ONGC in Taxable Territory of India from a Service Provider from outside the taxable territory of India, who is not required to be Registered under GST Law, the liability to pay GST lies with ONGC. Therefore, such Bidder shall not include GST in the quoted prices, but shall submit a declaration to the effect that they are not required to take GST Registration in the State of Supply as per GST Provisions. However, at the time of evaluation, GST as applicable shall be loaded on the portion of services which attract GST.

In case the Bidder does not give break-up of the quoted prices, indicating the components of taxable services and / or goods separately, the GST will be loaded on entire quoted / Contract value for evaluation considering higher rates, if any, as per the provisions of the statute.

Service to be provided from outside the taxable territory of India :

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

10.11 Personal Taxes

Bidder must agree to bear all personal taxes as may be imposed on his employees and the employees of his sub-Contractors, Vendors, back-up Consultants, etc., on account of their association with or for performance of work in India.

10.12 Corporate Tax

Indian bidders and must agree to bear corporate tax which may be levied on the Bidder, his Joint Venture partner(s), sub-Contractors, back-up Consultants, etc. 10.13 DELETED

11.0 Information/Documents Required in the Bid

Bidder shall include the following information/documents in his tender:

11.1 Unpriced Techno-Commercial Bid

a) Bid Letter in the format provided in Annexure-VI along with Un-priced Techno-Commercial bid.

b) Integrity Pact duly signed (applicable for the tenders of value above 100.00 Lakhs). c) BEC matrix duly filled in

d) Original Bid Security / EMD

e) Power of attorney

f) Copy of valid GST registration certificate

h) Proof of past experience

i) Bid Letter in the format provided in Annexure-IX along with Un-priced Techno Commercial bid.

j) Undertaking to provide all the necessary certificates / documents for enabling ONGC to avail input GST credit benefits. 18

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k) Undertaking regarding submission of forged documents/ certificates/ information by the bidders.

11.2 Priced Commercial Bid

The % age price for all the work described in the Bidding Documents shall be as per Volume-II of Tender Document

12.0 PRICE SCHEDULE

12.1 The Bidder shall complete the appropriate price schedule furnished in the bidding document, indicating the services to be provided.

12.2 Bid Prices

12.2.1 The bidders shall indicate on the appropriate price schedule the net unit prices (wherever applicable) .

12.2.2 Prices quoted by the bidder shall be firm during the bidder's performance of the contract and not subject to variation on any account.

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

13.0 BID VALIDITY

13.1 Bids shall remain valid and open for acceptance for a period of 90 days from the date of opening of Unpriced Techno-commercial Bids. A Bid valid for shorter period shall be rejected by the Company as being non-responsive.

13.2 In exceptional circumstances, prior to expiry of the original Bid validity period, the Company may request the Bidder for a specified extension in the period of validity. The request and the responses thereto shall be made in writing or by telefax. A Bidder agreeing to the request will not be required nor permitted to modify his bid, and will be required to extend the validity of his Bid Security correspondingly. The provisions of Clause 1 of Special Conditions of Contract regarding discharge and forfeiture of Bid Security shall continue to apply during the extended period of Bid Validity.

14.0 BID SECURITY

14.1 Bidder shall furnish as part of his techno-commercial bid, Bid Security ( EMD) for an amount (mentioned in NIT) as per details shown below in any of the following modes:

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

i Bank Draft ( DD/BC/PO) in favour of Finance & Accounts Officer, Oil and Natural Gas Corporation Ltd., Karaikal and payable at Karaikal.

ii. In case of DD/BC/PO the same should have been established after publication of NIT and not later than the prescribed date of submission of the bid

Offer without bid security/ bid bond shall not be considered and summarily rejected. However, Central PSUs are exempted from submission of bid security. The Consortium bid led by PSU is not exempted from submission of Bid security.

Bank Guarantee in the prescribed format (given at Appendix- 4 in ITB), valid for 120 days beyond the date of opening of Unpriced Techno commercial bid.

The bank guarantee by Indian bidder will have to be given from the Nationalized/Scheduled banks only, on non-judicial stamp paper as per stamp duty applicable at the place from where the bid has emanated. The non-judicial stamp paper should be in the name of the issuing bank.

The Bid Security shall specifically bind the bidder to keep his offer valid for acceptance upto 90 days and to abide by all the conditions of the Company's Bidding Documents in the event of the Company desiring to award the work to the said bidder. The Company shall have an unqualified option under the said Bank guarantee to invoke the banker's guarantee and claim the amount there-under in the event of the Bidder failing to keep the tender valid up to the date specified or refusing to accept work and carry it out in accordance with the tender if the Company decided to award the work to the Bidder.

The Company shall, however, arrange to release the Bid Security in respect of unsuccessful bidders within a week after a decision is taken about the award of the work.

The tenderer also undertakes that the validity of the bid bond will be extended suitably until they furnishes to Company a bank Guarantee towards Performance Guarantee for 12.2% of the contract value in the event of the tenderer becoming the successful bidder.

14.2 Conditions for Forfeiture of Bid Security

The following conditions would lead to the forfeiture of Bid Security:-

a) If the bid is withdrawn during the validity period or any extension thereof.

b) If the bid is varied or modified in a manner not acceptable to the Company during the validity or agreed extension validity period duly agreed by the bidder or after issue of NOA by the Company and prior to signing of the Contract.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

c) If the successful bidder is seeking modifications to the agreed terms and conditions after issue of NOA.

d) If the successful bidder fail to furnish performance guarantee within 15 (fifteen) days from the date of issue of LOA/ NOA by the Company.

e) Any effort by the bidder to influence the company on bid evaluation, bid comparison or contract award decision.

f) Any exception to the acceptance of information provided at relevant clause of bidding document.

g) (Applicable for tenders above Rs. 1 crore) If the Bidder has been disqualified from the tender process prior to the award of contract according to the provisions under Section 3 of Integrity Pact. ONGC shall be entitled to demand and recover from bidder Liquidated damages amount plus GST thereon, by forfeiting the EMD/ Bid security(Bid Bond) as per section 4 of Integrity Pact.

h) In case at any stage of tendering process, it is established that bidder has submitted forged documents/ certificates/ information towards fulfillment of any of the tender/contract conditions.

15.0 FORMAT AND SIGNING OF BIDS

15.1 The Bidder shall submit the tender through ONGC’s e-Procurement bidding portal duly digitally signed by authorized representative of the bidding company before the schedule date and time for tender closing, as indicated in the NIT and submit physical documents as described in Clause 10.0 of instructions to bidders.

15.2 The documents submitted in the physical form shall be without alterations, interlineations or erasures, except those to accord with instructions issued by the Company, or as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person or persons signing the Bid.

15.3 The duly completed with no system error message can be submitted in SRM any time before the submission deadline is reached. The bidder is also permitted to make change in his bid and re- submit the same in SRM till the submission deadline. The final submitted version can only be considered by ONGC.

No bid can be submitted after the submission deadline is reached. The system time that will be displayed on e-Procurement web page shall decide the submission deadline. Bidders are advised in their own interest to ensure that bid is uploaded in system well before closing date and time of the bid. 16.0 DEADLINE FOR SUBMISSION OF BIDS

16.1 Bids must be submitted before deadline specified in e-procurement site.

16.2 The Company may at its discretion extend the deadline for the submission of Bids by amending the Bidding Documents in accordance with clause 8.0 of Instructions to Bidders in which case all rights 21

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

and obligation of the Company and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

16.3 In case of any unscheduled holiday or eventuality which may prevent ONGC to open tender on the scheduled date, the next working day will be treated as the scheduled prescribed day for Tender Sale/Submission/ Opening.

16.4 Bidders are advised in their own interest to ensure that bids are uploaded in system well before the closing date and time of the bid.

17.0 MODIFICATION AND WITHDRAWAL OF BIDS

17.1 In case any clarifications are sought by the Company after opening of tenders, then the replies of the bidder should be restricted to the clarification sought. Any bidder who modifies his bid (including a modification which has the effect of altering the value of his offer) after opening of Techno- commercial bids without specific reference by the Company shall render the bid liable to be rejected without notice and without further reference to the Bidder.

17.2 No bid may be withdrawn in the interval between the deadline for the Submission of Bids and the expiration of the period of the Bid Validity specified by the Bidder on the Bid Form. Withdrawal or unsolicited modification of a bid during this interval shall result in the Bidder's forfeiture of its Bid Security.

18.0 OPENING OF BIDS BY COMPANY

18.1 Un-priced Techno-commercial Bids shall be opened at the time and date mentioned in NIT, at the Company's designated office. Priced Commercial Bid of short listed bidders after evaluation of Un- priced Techno-commercial bids shall be opened at the time and date to be intimated separately by the Company.

18.2 At the time of tender opening the Company will permit one authorized representative of each bidder to be present provided such representative presents to the Company at that time a letter duly signed by the bidder authorizing him to be present on behalf of the bidder at the time of tender opening. Intending bidders are advised not to authorize or depute more than one representative.

18.3 The Company at its discretion, if considered appropriate, will announce at the time of opening of un-priced techno-commercial bids, the Bidder's names, bid withdrawals, alternatives, presence and absence of requisite bid security and such other details. The Company at its discretion, if considered appropriate, will announce at the time of opening of priced commercial bids, the Bidder's names, bid prices, bid withdrawals, and such other details.

18.4 In case of any unscheduled holiday or eventuality which may prevent ONGC to open tender on the scheduled date, the next working day will be treated as the scheduled prescribed day for Tender Sale/Submission/ Opening, the time notified for Submission/ Opening remaining the same.

19.0 EVALUATION

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

19.1 The Company wishes to finalize the award of work of the facilities covered under this Bidding Documents within a limited time schedule. ONGC expects bidders to confirm compliance to tender term, conditions & Specifications, failing which the Bids are liable to be rejected. Hence the bidders in their own interest are advised to submit their bids complete in all respects conforming to all terms and conditions of the bid document.

Bids shall be evaluated based on the information/documents available in the bid. Hence bidders are advised to ensure that they submit appropriate and relevant supporting documentation along with their proposal in the first instance itself. Bids not complying to the requirements of bid documents are liable to be rejected.

19.2 Apart from commercial and technical requirements set forth in the Bidding Documents, the evaluation of bids shall be carried out on the basis of Bid Evaluation Criteria of Bidding Documents.

19.3 Bidders shall quote their prices/rates in firm figures and without any qualifications. Each figure stated shall also be repeated in words and in the event of a discrepancy between the amount stated in figures and words, the rates quoted in words shall be deemed to be the correct amount.

19.4 CLARIFICATIONS OF BIDS:

During evaluation of bids, Purchaser may at its discretion ask the Bidder for clarifications/ confirmations/ deficient documents of its bid. The request for clarification and the response shall be in wring and no change in the price of substance of the bid shall be sought or permitted.

20.0 CONTACTING THE COMPANY

20.1 The Bidders may please note that the Company will not entertain any correspondence or queries on the status of the offers received against this Bidding Documents. Bidders are advised not to depute any of their personnel or Agents to visit the Company's or its Consultant's office for making such inquiries.

20.2 Any effort by a Bidder to influence the Company on the Company's Bid evaluation, Bid comparison or Contract award decision may result in the rejection of the Bidder's bid.

21.0 COMPANY'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

21.1 ONGC reserves the right to reject, accept or prefer any bid and to annul the bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the ground for ONGC's action. The ONGC also reserves to itself the right to accept any bid in part or split the order between two or more bidders..

22.0 NOTIFICATION OF AWARD

22.1 Prior to the expiration of the period of Bid Validity, the company shall notify the successful Bidder in writing by registered letter or by telefax that his Bid has been accepted.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

22.2 The above letter/ telefax of acceptance shall construe that the Contract shall be deemed to have been concluded. The LOI/NOA shall constitute a binding contract between the successful bidder and the Company.

23.0 SIGNING OF THE CONTRACT

23.1 The successful bidder is required to sign a formal detailed contract with ONGC within a maximum period of 30 days of date of Fax order / LOI / NOA. Until the contract is signed, the Fax order/ LOI /NOA shall remain binding amongst the two parties. In case of delay in signing the contract on the part of ONGC, contractor shall be paid 80% of the applicable rates falling due as per the contractual obligations on adhoc basis, till formal signing of the contact, after which the balance of due payments shall be released / adjusted against regular bills. However no payment will be made and moblilisation will not be deemed completed, when the delay is on the part of the contractor to sign the contract, as per draft contract at Annexure-II of the tender.

24.0 PERFORMANCE GUARANTEE

24.1 The Security Deposit amount shall be 12.2 % of the contract value and contractor shall submit or ONGC shall recover from bills as detailed. Within 15 (Fifteen) days from the date of issue of LOI/ NOA by the Company, the successful Bidder shall furnish a Performance Security for an amount of 12.2% (twelve point two percent) of the Contract Price.

24.2 The Performance Bank Guarantee shall be given by any of the Nationalized Bank or Schedule Bank or State Bank of India and its wholly owned subsidiaries.

24.3 No Payment shall become due and payable to the Contractor until Contract is signed and the Contractor furnishes to the ONGC Performance Bank Guarantee stated in 24.1 above.

24.4 In case LOI / NOA placed is not accepted by the L – 1 bidder or the Performance Bond is not submitted as per the terms of the Tender / Contract within the time specified in the bid document , the Bid Bond (Earnest Money Deposit) shall then be forfeited and the firm shall be put on holiday for two years.

24.5 The Performance Bank Guarantee shall be the part of Security Deposit and the Security Deposit shall be valid for the defect liability period plus 60 Days. Note:

i. The Security Deposit / Contract Security or in lieu thereof Performance Bank Guarantee will invariably be obtained even from the Public Sector Undertaking and /or firm registered with ONGC / DGS & D / MSEs registered with District Industry Centers or Khadi and Village Industries Commission of Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME and against development orders.

ii. The Security Deposit other than the stated format is not acceptable.

iii. Interest on Security Deposit shall not be payable.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

iv. The format of the PG (Performance Guarantee) shall be in accordance with the sample form included in Annexures.

25.0 Integrity Pact:

Proforma of Integrity Pact (given at Appendix- 11 in ITB) shall be returned by the bidder along with the technical bid, duly signed by the same signatory who signs the bid, i.e who is duly authorized to sign the bid. All the pages of the Integrity Pact shall be duly signed by the same authority. Bidder’s failure to return the Integrity Pact along with the bid, duly signed, shall lead to outright rejection of such bid. It is applicable for the tenders of value above 100.00 Lakhs.

26.0 The time Limit (Job completion time –as mentioned in NIT) shall be reckoned from the 7th day of issue of NOA / LOI, or the handing over of site whichever is later.

27.0 Minimum Requirement of technical staff for the work

The contractor shall employ the following technical staff during the execution of this work:

Principal technical representative:

i. One Graduate Engineer (in Civil Engineering) with nil experience (or) Diploma Engineer with 5 years’ experience for the works costing Rs. 10 lakhs and up to 50 lakhs - principal technical representative.

ii. One Graduate Engineer (in Civil Engineering) with 5 years’ experience for the works costing above Rs. 50 lakhs and up to 200 lakhs- principal technical representative.

iii. For the works costing above Rs. 200 lakhs and up to Rs. 500 lakhs - One Graduate Engineer (in Civil Engineering) with 5 years’ experience as principal technical representative and One Graduate Engineer (in Civil Engineering) with nil experience (or) Diploma Engineer with 5 years’ experience as technical representative.

28.0 The following terminology appearing on the SRM portal shall have as explained below:

(i) RFx: Bid Invitation (ii) RFx Response: Bid (iii) Tech RFx: Techno-Commercial Bidding document provided by ONGC (iv) Tech RFx response: Un-priced Techno-Commercial bid

29. SUBMISSION OF FORGED DOCUMENTS:

(i) Bidders should note that ONGC may verify authenticity of all the documents / certificates / information submitted by the bidder(s) against the tender. In case at any stage of tendering process or Contract / PO execution etc., if it is established that bidder has submitted forged 25

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documents / certificates / information towards fulfilment of any of the tender / contract condition, ONGC shall immediately reject the bid of such bidder(s) or cancel / terminate the contract and forfeit EMD/SD submitted by the bidder.

(ii) The bidder shall be required to give an undertaking on the Company’s letter head and duly signed by the signatory of the bid, that all the documents / certificate / information submitted by them against the tender are genuine. In case any of the document / certificate / information submitted by the bidder is found to be false or forged, action as deemed fit may be initiated by ONGC at its sole discretion

30. TRANSFER OF BIDDING DOCUMENT

The Bidding document is not transferable.

31. PRE-BID CONFERENCE (Wherever applicable)

31.1 In order to avoid clarification/confirmation after opening of bids, wherever specifically mentioned in NIT, Pre-bid conference shall be held so as to provide an opportunity to the participating bidders to interact with ONGC with regard to various tender provisions/tender specifications, before the bids are submitted. In case, due to the points/doubts raised by the prospective bidders, any specific term & condition (which is not a part of “Standard terms and conditions of tender”) needs to be modified, then the same will be considered for modification.

31.2 After pre-bid conference, the specifications & other tender conditions will be frozen. No change in specifications and tender conditions will be permissible after bid opening. All the bidders must ensure that their bid is complete in all respects and conforms to tender terms and conditions, BEC and the tender specifications in toto failing which their bids are liable to be rejected without seeking any clarifications on any exception/deviation taken by the bidder in their bid.

31.3 Bidders should depute their authorised representative who should be competent to take on the spot decisions.

31.4 In cases where pre-bid conference is not held, bidders can submit relevant queries to the tender inviting office within 10 days from the date of publication of NIT in case of open tenders or issuance of bid document in case of Limited Tenders.

32. COMPLIANCE WITH THE REQUIREMENTS OF BID EVALUATION CRITERIA (BEC) AND ALL OTHER TENDER CONDITIONS:

32.1 Advice to bidders for avoiding rejection of their offers:

ONGC has to finalise its purchase within a limited time schedule. Therefore, it may not be feasible for ONGC to seek clarifications in respect of incomplete offers.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Prospective bidders are advised to ensure that their bids are complete in all respects and conform to ONGC’s terms, conditions and bid evaluation criteria of the tender. Bids not complying with ONGC’s requirement may be rejected without seeking any clarification.

32.2 Submission of ‘Bid Matrix’ duly filled-in, to re-confirm compliance with tender requirements:

Bidders should submit the ‘Bid Matrix’ (as enclosed with the bid document) duly filled-in, so as to re-confirm compliance with each of the requirements of BEC and other important conditions of the tender. Each such confirmation should be clearly stated in the ‘Bid Matrix’ indicating “Confirmed” or “Not Confirmed”, as applicable. Further, against each such confirmation, bidders should also indicate the reference/location (page No. / Annexure etc.) of the respective detail(s)/document(s) enclosed in the bid, so as to easily locate the same in bid document. Each entry in the ‘Bid Matrix’ must be filled-in in indelible ink (entries written in pencil will be ignored). Further, each page of the ‘Bid Matrix’ and the corrections/overwriting/erasures (if any) should be signed manually by the person (or, persons) signing the bid.

Bidders are advised to ensure submission of the ‘Bid Matrix’, duly filled-in as per above requirements, for avoiding rejection of their offers

33. BID CURRENCIES (Applicable for Indigenous tenders only) Bidders should quote firm prices in Indian rupee only. Prices quoted in any other currency shall not be considered.

34. MODE OF PAYMENT

In all cases, except the cases involving payment through ‘Letter of Credit’ or payment in Foreign currency, ONGC shall make payments only through Electronic Payment mechanism (viz. NEFT/RTGS /ECS). Bidders should invariably provide the following particulars along with their offers:

1. Name & Complete Address of the Supplier / Contractor as per Bank records. 2. Name & Complete Address of the Bank with Branch details. 3. Type of Bank account (Current / Savings/Cash Credit). 4. Bank Account Number (indicate ‘Core Bank Account Number’, if any). 5. IFSC / NEFTCode (11 digit code) / MICR code, as applicable, alongwith a cancelled cheque leaf. 6. Permanent Account Number (PAN) under Income Tax Act; GST Registration Number(for supply of Goods and services) 7. e-mail address of the vendor / authorized official (for receiving the updates on status of payments).”

For receiving payment through NEFT / RTGS, the bank/branch in which the bidder is having account and intends to have the payment should be either an NEFT enabled bank or SBI branch with core banking facility

35. VAGUE AND INDEFINITE EXPRESSIONS

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

35.1 Bids qualified by vague and indefinite expressions such as "Subject to availability" etc. will not be considered.

36 . TELEX / TELEGRAPHIC / TELEFAX / e-MAIL / XEROX / PHOTOCOPY BIDS AND THE BIDS CONTAINING SCANNED SIGNATURE:

36.1 Telex / Telegraphic / Telefax / e-mail / Xerox / Photocopy bids and bids with scanned signature will not be considered. Original bids should be signed manually failing which they shall be rejected.

37. LATE BIDS

37.1 Bidders are advised in their own interest to ensure that bid reaches the specified office well before the closing date and time of the bid.

37.2 Any bid received after dead line for submission of bid, will be rejected and returned unopened.

38.0 UNSOLICITED POST TENDER MODIFICATIONS:

38.1 Unsolicited post-tender modification will lead to straight away rejection of the offer.

38.2 In case certain clarifications are sought by ONGC after opening of bid then the reply of the Bidder should be restricted to the clarification sought. Any bidder who modifies his bid (including all modifications which have the effect of altering his offer) after the closing date, With out any specific reference by ONGC, shall render his bid liable to be ignored and rejected With out notice and without reference to the bidder.

39.0 EXAMINATION OF BID

39.1 The ONGC will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

39.2 The ONGC will determine the conformity of each bid to the bidding documents. Bids falling under the purview of “Rejection Criteria” of the bid Evaluation Criteria of the bidding document will be rejected. 40.0 SPECIFICATIONS:

40.1 The Bidder must note that its Bid will be rejected in case the tender stipulations are not complied with strictly or the services offered do not conform to the required specifications indicated therein. The lowest Bid will be determined from among those Bids which are in full conformity with the required specifications.

41. AWARD CRITERIA.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

The purchaser will award the contract to the successful bidder whose bid has been determined to be in full conformity to the bid documents and has been determined as the lowest evaluated bid.

42. MOBILISATION PERIOD

Successful bidder shall be required to mobilise complete equipment along with crew (only crew in case of Operation and Maintenance Contracts) for commencement of services at the specified site within a maximum of … days from the date of Fax order / LOI / NOA

43. CORRESPONDENCE

43.1 ONGC's fax address is 04368-238126

43.2 All correspondence from Bidders/ contractor shall be made to the office of the Purchase Authority from where this tender has emanated.

43.3 All correspondence shall bear reference to bid number.

44. REPRESENTATION FROM THE BIDDER

44.1 The bidder(s) can submit representation(s) if any, in connection with the processing of the tender directly only to the Competent Authority (CA) i.e. to. HES, Engineering Services, ONGC Ltd, Neravy, Karaikal – 609604, UT of Pondicherry.

44.2 Raising Disputes / Complaints. (Applicable for all tenders valuing above Rs. 1 Crore where IP is applicable.)

Curriculum Vitae of Independent External Monitors (IEMs) are placed permanently on the home page of ONGC’s website www.tenders.ongc.co.in. The bidders may raise disputes / complaints, if any, either with the designated Competent Purchase Authority (CPA) in ONGC or with concerned Director of ONGC or directly with the IEM c/o Chief Vigilance Officer, ONGC, Pandit Deen Dayal Upadhyaya Urja Bhawan, 5 Nelson Mendela Marg, Vasant Kunj, New Delhi - 110070.”

Note: (i) IEMs would not consider any representation received after the oral submission has already been made by the representing bidder unless some addition documents or clarifications have specifically been sought by IEMs from the representing bidder.

(ii) IEMs would consider only those representations on post contract issues wherein there is an alleged violation of provisions of IP.

45. UNSOLICITED COMMUNICATIONS:

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

In case any bidder makes any unsolicited communication in any manner, after bids have been opened (for tenders processed either on single bid or on two bid basis), the bid submitted by the particular bidder shall be summarily rejected, irrespective of the circumstances for such unsolicited communication.

Further, if the tender has to be closed because of such rejection, and the job has to be re-tendered, then the particular bidder shall not be allowed to bid in the re-tender.

The above provision will not prevent any bidder from making representation in connection with processing of tender directly and only to the Competent Purchase Authority (CPA) as mentioned in the tender document. However, if such representation is found by CPA to be un-substantiative and / or frivolous and if the tender has to be closed because of the delays / disruptions caused by such representations and the job has to be re-tendered, then such bidder will not be allowed to participate in the re-invited tender.

In case, any bidder while making such representations to Competent Purchase Authority (CPA) also involves other officials of ONGC and / or solicits / invokes external intervention other than as may be permitted under the law and if the tender has to be closed because of the delays / disruptions caused by such interventions and has to be re-tendered, then the particular bidder will not be allowed to participate in the re-invited tender.

46. ONGC’s Policy on Climate Change and Sustainability

Bidders should simply confirm that they have read the ONGC’s following “Policy on Climate Change & Sustainability” and they are working upon to develop their policy as well.

i. ONGC is committed to enhance contribution to sustainable development through a greater integration of economic, environmental and social dimensions.

ii. ONGC shall endeavour for GHG emission mitigation from our operations and participate in Kyoto and other protocol where India is a signatory. We shall strive to achieve quantifiable milestones in these aspects.

iii. ONGC shall partner with sustainability advocacy organizations where our strengths are complementary and also actively propagate the idea of GHG mitigation at national and international operations where we are business partner. iv. ONGC shall develop and invest in advanced low carbon technologies to meet growing demand for affordable energy products while improving security of supply and reducing environmental impacts.

v. ONGC’s aim shall be to achieve competitive business advantage from GHG abatement programmes, particularly through process efficiency, besides improving environmental performance.

vi. ONGC shall endeavour to develop new business opportunities through investment in climate change.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

vii. ONGC shall try to adopt triple bottom line accounting and reporting to raise awareness of the true cost and benefits.

viii. Above all, ONGC shall make sustainability a foundation of our business strategy.

47. GST LEGISLATIONS:

‘GST legislations’ means ‘any or all of the following legislations as may be applicable to the Bidder and ONGC: the Central Goods & Services Tax Act, 2017; the Integrated Goods & Services Act, 2017; the Union Territory Goods & Services Tax Act, 2017; the respective State Goods & Service Tax Acts’ the Goods and Services (Compensation to States) Act, 2017 the Customs Act and the Customs Tariff Act.

48. Implementation of fair wage policy

Consequent upon the revision of rates of VDA / Minimum wages by Govt. Notification or amendments in labour laws, coming into effect after submission of price bid or revised price bid, if any, and during the currency of the contract, the contractor shall be reimbursed by ONGC for additional expenditure due to such change and also consequential change in all other components of fair wages only on the additional component.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Appendix - 1

BIDDING DOCUMENT ACKNOWLEDGEMENT PROFORMA

Deleted

Appendix-2

Deleted

Appendix-3

Deleted

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Appendix - 4 Proforma of Bank Guarantee towards Bid Security BID BOND Ref. No...... Bank Guarantee No………...... Dated ..………………...... To, Oil & Natural Gas Corporation Ltd. ______

Dear Sirs,

1. Whereas Oil & Natural Gas Corporation Ltd. incorporated under the Companies Act, 1956, having its registered office at Pandit Deen Dayal Upadhyaya Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070-India and one of its offices at ______(hereinafter called `ONGC' which expression shall unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assignees) has floated a Tender No. ______and M/s ______having Head/Registered office at ______(hereinafter called the 'Bidder' which expression shall unless repugnant to the context or meaning thereof mean and include all its successors, administrators, executors and permitted assignees)have submitted a bid Reference No...... and Bidder having agreed to furnish as a condition precedent for participation in the said tender an unconditional and irrevocable Bank Guarantee of Indian Rupees (in figures)______(Indian Rupees (in words)______only) for the due performance of Bidder's obligations as contained in the terms of the Notice Inviting Tender (NIT) and other terms and conditions contained in the Bidding documents supplied by ONGC which amount is liable to be forfeited on the happening of any contingencies mentioned in said documents.

2. We (name of the bank)______registered under the laws of______having head/registered office at ______(hereinafter referred to as "the Bank" which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and permitted assignees) guarantee and undertake to pay immediately on first demand by ONGC, the amount of Indian Rs. (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 agree that this guarantee shall be irrevocable and governed and construed in accordance with Indian Laws and subject to exclusive jurisdiction of Indian Courts of the place from where tenders have been invited.

5. This guarantee shall be irrevocable and shall remain in force upto ______which includes thirty 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) ______.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

All Claims of ONGC (beneficiary) against this Bank Guarantee, shall be remitted by the ………………………..…………..(Bank’s name to be inserted) to the following account of ONGC only through electronic transfer of funds, unless otherwise specifically communicated by ONGC:

Beneficiary Account Name : Oil and Natural Gas Corporation Limited Bank Name : State Bank of India Branch : Bharathiar Road, Karaikal Branch Code : 1418 Bank Account No. : 10956398419 IFSC Code : SBIN0001418 SWIFT Code : -N.A-

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

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

Note:

(i) This Bank Guarantee/all further communications relating to the Bank Guarantee should be forwarded to In-charge Tender cell, Civil Section, Engineering services, Cauvery Asset, Karaikal,Pin:609 604. (ii) Bank guarantee, duly executed as per the above format, is to enclosed with the offer

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

INSTRUCTIONS FOR FURNISHING BANK GUARANTEE TOWARDS BID SECURITY

1. The Bank Guarantee by Indian Bidders will be given on non- judicial stamp paper/franking receipt as per stamp duty applicable at the place where the tender has emanated. The non-judicial stamp paper/franking receipt should be either in name of the issuing Bank or the bidder.

2. Foreign Bidders are requested to execute Bank Guarantee as per law in their country.

3. Please indicate the currency in which Bank Guarantee is being given Indian Rupees have been mentioned only for illustration. Therefore, in case where Bank Guarantee is being given in a currency other than Rupees, these terms may be deleted and replaced by relevant currency.

4. The expiry date as mentioned in clause 5 & 6 should be arrived at by adding 30 days to the date of expiry of the bid validity unless otherwise specified in the bidding documents.

5. (a) The Bank Guarantee by Indian bidder will be given from Nationalized/ Scheduled Banks only. The Foreign bidder will give Bank Guarantee from an Indian Bank situated in their city.

(b) In case no Indian bank is situated in foreign bidder's city, then Bank Guarantee from foreign Bank acceptable to ONGC, either situated in bidder's country or in India (a list of such acceptable foreign banks is enclosed at Appendix 9 of this Annexure) or from an Indian Scheduled Bank situated in India, will be considered.

(c) If any foreign bidder desires to furnish guarantee from a bank other than those included in Appendix-9 of this Annexure, such bidder should furnish collateral security/ guarantee/ confirmation from any of these 300 banks or the State Bank of India.

Appendix 4a

Proforma for irrevocable letter of credit (Applicable for ICB Tenders only)

Appendix – 5

Deleted

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Appendix - 6

BIDDERS PAST SERVICES (SIMILAR) PROFORMA

------SL.NO. NAME & ADDRESS PERIOD DESCRIPTION OF REMARKS OF CLIENT FROM TO SEVICES COMPLETED SUCCESSFULLY ------

------

NOTE: - CERTIFICATE FROM CLIENTS TO BE ENCLOSED ALONGWITH THIS PROFORMA

Signature of the Bidder

______

Name______

______

Seal of the Company

______

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Appendix - 7

AUTHORISATION LETTER FOR ATTENDING TENDER OPENING

NO. Date ______

To,

The ______Oil & Natural Gas Corporation Ltd., ______(India)

Subject : Tender No. ______due on ______

Sir,

Mr...... has been authorised to be present at the time of opening of above tender due on...... at ...... , on my/our behalf.

Yours faithfully

Signature of Bidder

Copy to: Mr...... ………………………for information and for production before the ______(Civil)____ at the time of opening of bids.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Appendix - 8

PROFORMA CERTIFICATE ON RELATIVES OF DIRECTORS OF ONGC

This has reference to our proposed contract regarding ...... to be entered into with Oil and Natural Gas Corporation Ltd. (ONGC).

For the purpose of Section 297/299 of the Companies Act, 1956, an extract enclosed at Appendix 11- A, we certify that to the best of my/our knowledge :

(i) I am not a relative of any Director of ONGC ;

(ii) We are not a firm in which a Director of ONGC or his relative is a partner ;

(iii) I am not a partner in a firm in which a Director of ONGC or his relative is a partner;

(iv) We are not a private company in which a Director of ONGC is a Member or Director;

(v) We are not a company in which Directors of ONGC hold more than 2 % of the paid-up share capital of our company or vice-versa.

Authorised Signatory of The Contracting Party

Place...

Date...

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Appendix – 9

List of acceptable foreign banks for acceptance of Bank Guarantee

Deleted

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Appendix - 10

PROFORMA FOR CHANGES/ MODIFICATIONS SOUGHT BY BIDDERS TO THE BIDDING CONDITIONS

ONGC expects the bidders to fully accept the terms and conditions of the bidding documents. However, changes/ modifications to the terms and conditions of bidding documents, if any proposed, can be communicated in the following proforma, in case pre-bid is not held. This can be used even in cases where pre-bid is held, to inform about the proposals in advance to the pre-bid date.

Clause No. of Full Changes/ REMARKS Bidding compliance/ modifications proposed Document not agreed by the Bidders

Signature of the Bidder

…...... …………......

Name...... ………….

Seal of the Company ………………………………………

Note:- Bids maintaining or taking exceptions/deviations shall be rejected straightaway

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Appendix - 11

(To be executed on plain paper and applicable for all tenders of value above Rs.1 crore)

INTEGRITY PACT

Between

Oil and Natural Gas Corporation Ltd (ONGC) hereinafter referred to as “The Principal”,

and

…………………………………………… hereinafter referred to as “The Bidder/ Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for “BITUMINOUS TOPPING OF ROAD FROM VELANPUTHUKUDI VILLAGE TO SLUICE JUNCTION NEAR MAGAZINE BUILDING AT KOTHANGUDI, TRANQUEBAR TALUK, NAGAPATTINAM DISTRICT” The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s and Contractor/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation “Transparency International” (TI). Following TI’s national and international experience, the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:-

1. No employee of the Principal, personally or through family members, will in connection with the tender for , or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

2. The Principal will, during the tender process treat all Bidders with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

3. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Section 2 Commitments of the Bidder/ contractor

(1) The Bidder / Contractor commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

1. The Bidder / Contractor will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

2. The Bidder / Contractor will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

3. The Bidder / Contractor will not commit any offence under the relevant Anti-corruption Laws of India; further the Bidder / Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

4. The Bidder / Contractor will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Section 3 Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.

(1) If the Bidder / Contractor has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2) A transgression is considered to have occurred, if the Principal after due consideration of the available evidence, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4) If the Bidder / Contractor can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit / Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor shall compensate the Principal only to the extent of the damage in the amount proved.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – I 609604 (Py) INSTRUCTIONS TO BIDDERS

Section 5 Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 Equal treatment of all Bidders / Contractors / Subcontractors

(1) The Principal will enter into pacts on identical terms with all bidders and contractors

(2) The Bidder(s) / Contractor (s) undertake to procure from all the sub-contractors a commitment in conformity with this Integrity Pact. The bidder/ Contractor shall be the responsible for any violation (s) of the provisions laid down in this agreement/Pact by any of its Sub-contractors/ Sub-vendors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 Criminal charges against violating Bidders/Contractors/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 External Independent Monitor / Monitors (three in number depending on the size of the contract) (to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible external independent Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Contractor accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor / Subcontractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings. (5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other 44

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relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder / contractor to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the occasion arise, submit proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended to / provided to Outside Expert Committee members / Chairman as prevailing with Principal.

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(9) The word ‘Monitor’ would include both singular and plural.

Section 9 Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.

If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.

Section 10 Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. New Delhi. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership this agreement must be signed by all partners .

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

For the Principal For the Bidder / Contractor

Place Witness 1 : Date Witness 2 :

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ANNEXURE - II

MODEL CONTRACT AND GENERAL CONTRACT CONDITIONS (GCC)

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ANNEXURE - II

MODEL CONTRACT AND GENERAL CONTRACTCONDITIONS (To be signed with the successful bidder)

This CONTRACT is made and entered into on this …..day of …Two thousand and …. by and between OIL & NATURAL GAS CORPORATION LIMITED, a CORPORATION registered under the Companies Act 1956, having its registered office at Pandit Deen Dayal Upadhyaya Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070-India and one of its work center at ………………………. (hereinafter referred to as “CORPORATION” which expression shall include its successors, administrators, executors and assignees) on the one part and M/s ……………., a company registered under the companies Act with its Registered office at ……… referred to as the “CONTRACTOR” (which expression shall include its successors, administrators, executors and permitted assignees) on the other part.

Whereas CORPORATION is desirous of …………… (description of services) for carrying out CORPORATION’s operations conforming to specifications as set forth in the Scope of Work at Annexure-III of this agreement.

And Whereas the CONTRACTOR represents that it has the necessary experience for carrying out CORPORATION's operations as referred to herein and has submitted a bid for providing the required services against CORPORATION’s Tender No………. all in accordance with the terms and conditions set forth herein and any other reasonable requirements of the CORPORATION from time to time.

And Whereas CORPORATION's has accepted the bid of the CONTRACTOR and has placed Fax order / Letter of Intent /Notification Of Award vide its letter ……….. dated…. On the CONTRACTOR.

Now it is hereby agreed to by and between the parties as under:

1. DEFINITIONS: 1.0 Unless inconsistent with or otherwise indicated by the context, the following terms stipulated in this CONTRACT shall have the meaning as defined hereunder.

1.1 CONTRACT Shall mean a written CONTRACT signed between ONGC and the CONTRACTOR (the successful bidder) including subsequent amendments to the CONTRACT in writing thereto.

1.2 CORPORATION/ONGC: Shall mean OIL & NATURAL GAS CORPORATION LTD., India and shall include its legal representatives, successors and permitted assignees.

1.3 SITE Shall mean the place in which the operations/services are to be carried out or places approved by the ONGC for the purposes of the CONTRACT together with any other places designated in the CONTRACT as forming part of the site.

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1.4 CORPORATION’S SITE REPRESENTATIVE/ENGINEER Shall mean the person or the persons appointed by ONGC from time to time to act on its behalf at the site for overall co-ordination, supervision and project management at site.

1.5 CONTRACTOR: Shall mean any person/ persons/ firm/ company etc. to whom work has been awarded and whose bid has been accepted by ONGC and shall include its authorised representatives, successors and permitted assignees.

1.6 SUB-CONTRACT: Shall mean order/ contract placed by the CONTRACTOR for any portion of the CONTRACT or work sublet with necessary written consent of ONGC on third party. Such sub-letting shall not relieve the CONTRACTOR from any obligation, duty or responsibility under the CONTRACT.

1.7 SUB-CONTRACTOR: Shall mean any person or persons or firm or their legal representatives, successors, assignees to whom part of CONTRACT has been sublet by the CONTRACTOR after necessary consent of ONGC.

1.8 CONTRACTOR’S REPRESENTATIVE Shall mean such person/or persons duly appointed representative at the site and base as the CONTRACTOR may designate in writing to the ONGC as having authority to act for the CONTRACTOR in matters affecting the work and to provide the requisite services.

1.9 CONTRACT PRICE Shall mean the sum accepted or the sum calculated in accordance with the rates accepted by ONGC and amendments thereof, and shall include all fees, registration and other charges paid to statutory authorities without any liability on ONGC for any of these charges. The prices will remain firm during currency of the CONTRACT unless specifically agreed to in writing by ONGC.

1.10 DAY Shall mean a calendar day of twenty-four (24) consecutive hours beginning at 0000 hours with reference to local time at the site.

1.11 EQUIPMENT/MATERIALS/GOODS: Shall mean and include any equipment, machinery, instruments, stores, goods which CONTRACTOR is required to provide to the ONGC for/under the CONTRACT and amendments thereto.

1.12 WORKS / OPERATIONS: Shall mean all work to be performed by the CONTRACTOR as specified in the Scope of Work under this CONTRACT.

1.13 GUARANTEE: Shall mean the period and other conditions governing the warranty/guarantee of the works as provided in the CONTRACT.

1.14 MOBILISATION: Shall mean rendering the equipment fully manned and equipped as per CONTRACT and ready to begin work at site designated by ONGC after ONHIRE survey and ONGC’s acceptance thereafter.

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The date and time of ONGC’s acceptance of ONHIRE survey will be treated as the date and time of mobilisation.

1.15 DEMOBILISATION: Shall mean the removal of all things forming part of the mobilisation from the site of ONGC. The date and time of OFFHIRE survey shall be treated as the date and time of demobilisation.

1.16 DRAWINGS: Shall mean and include all Engineering sketches, general arrangements/ layout drawings, sectional plans, all elevations, etc. related to the CONTRACT together with modification and revision thereto.

1.17 SPECIFICATIONS: Shall mean and include detailed description, statements to technical data, performance characteristics, and standards (Indian as well as International) as applicable and as specified in the CONTRACT.

1.18 INSPECTORS: Shall mean any person or outside Agency nominated by ONGC to inspect equipment, materials and services, if any, in the CONTRACT stagewise as well as final as per the terms of the CONTRACT.

1.19 TESTS: Shall mean such process or processes to be carried out by the CONTRACTOR as are prescribed in the CONTRACT considered necessary by ONGC or their representative in CONTRACT to ascertain quality, workmanship, performance and efficiency of equipment or services thereof.

1.20 FACILITY: Shall mean all property of the ONGC owned or hired by ONGC.

1.21 THIRD PARTY Shall mean any group, corporation, person or persons who may be engaged in activity associated with the work specified but who shall remain at an arm’s length from the work and who shall not have a direct responsibility or authority under the terms of this CONTRACT.

1.22 APPROVAL: Shall mean and include the written consent duly signed by ONGC or their representative in respect of all documents, drawings or other particulars in relation to the CONTRACT

1.23 SINGULAR/ PLURAL WORDS: Save where the context otherwise requires, words imparting singular number shall include the plural and vice versa and words imparting neutral gender shall include masculine or feminine gender and vice versa.

1.24 GROSS NEGLIGENCE Shall mean any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing, Gross negligence shall not include any action taken in good faith for the safeguard of life or property, 1.25 WILLFUL MISCONDUCT

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

Shall mean intentional disregard of good and prudent standards of performance or proper conduct under the CONTRACT with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.

1.26 GST LEGISLATIONS:

‘GST legislations’ means ‘any or all of the following legislations as may be applicable to the Bidder and ONGC: i. the Central Goods & Services Tax Act, 2017; ii. the Integrated Goods & Services Act, 2017; iii. the Union Territory Goods & Services Tax Act, 2017; iv. the respective State Goods & Service Tax Acts’ v. the Goods and Services (Compensation to States) Act, 2017 vi. the Customs Act and the Customs Tariff Act.

2.0 SCOPE OF WORK/CONTRACT: Scope of the CONTRACT shall be as defined in the CONTRACT, specifications, drawings and annexures thereto at Annexure-3.

3.0 DURATION OF THE CONTRACT: This CONTRACT shall remain valid for a period (as per cover sheet) shall be reckoned from the 7th day of issue of NOA / LOI, or the handing over of site whichever is later.

4.0 NOTICES AND ADDRESSES: For the purposes of this CONTRACT, the addresses of the parties will be as follows and all correspondence and notices in relations to the present CONTRACT sent to the parties at the addresses mentioned below shall be deemed to be sufficient service of notice on the parties. All such notices as well as reports, invoices and other relevant material shall be addressed to the parties as per the address given below:

4.1 OIL & NATURAL GAS CORPORATION LIMITED

Office of LM (Works) , Engineering services, ONGC Ltd, Neravy complex, Karaikal-609 604 (Puducherry) FAX 04368-238126

4.2 CONTRACTOR’S REGISTERED OFFICE AND ADDRESS …………………….. …………………….. ……………………. Fax:……………….

5.0 DUTIES AND POWER /AUTHORITY :

5.1 The duties and authorities of the ONGC’s site representative are to act on behalf of the ONGC for: (i) Overall supervision, co-ordination and Project Management at site 50

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(ii) Proper utilisation of equipment and services. (iii) Monitoring of performance and progress (iv) Commenting/ countersigning on reports made by the CONTRACTOR’s representative at site in respect of works, receipts, consumption etc. after satisfying himself with the facts of the respective cases. (v) He shall have the authority, but not obligation at all times and any time to inspect/test/examine/ verify any equipment machinery, instruments, tools, materials, personnel, procedures and reports etc. directly or indirectly pertaining to the execution of the work. However this shall not construe to imply an acceptance by the inspector. Hence, the overall responsibility of quality of work shall rest solely with the CONTRACTOR. (vi) Each and every document emerging from site in support of any claim by the contractor has to have the countersignature/ comments of the ONGC’s representative/engineer without which no claim will be entertained by the ONGC.

5.2.1 CONTRACTOR’s representative:

(i) The CONTRACTOR’s representative shall have all the powers requisite for the performance of the works. (ii) He shall liaise with ONGC’s representative for the proper co-ordination and timely completion of the works and on any matter pertaining to the works. (iii) He will extend full co-operation to ONGC’s representative/inspector in the manner required by them for supervision/inspection/observation of equipment, material, procedures, performance, reports and records pertaining to works. (iv) To have complete charge of CONTRACTOR’s personnel engaged in the performance of the work and to ensure compliance of rules and regulations and safety practice.

6. CONTRACT DOCUMENT :

6.1 Governing language: The governing language for the CONTRACT shall be English. All CONTRACT documents and all correspondence and communication to be given and all other documentation to be prepared and supplied under the CONTRACT shall be written in English and the CONTRACT shall be construed and interpreted in accordance with English language.

6.2 Entire Agreement : The CONTRACT constitutes the entire agreement between the ONGC and the CONTRACTOR with respect to the subject matter of the CONTRACT and supersedes all communication, negotiations and agreement (whether written or oral) of the parties with respect thereto made prior to the date of this agreement.

6.3 Modification in CONTRACT: All modifications leading to changes in the CONTRACT with respect to technical and/or commercial aspects, including terms of delivery, shall be considered valid only when accepted in writing by ONGC by issuing amendment to the CONTRACT. ONGC shall not be bound by any printed conditions, provisions in the CONTRACTOR's BID, forms of acknowledgement of CONTRACT, invoice, packing list and other documents which purport to impose any condition at variance with or supplement to CONTRACT.

6.4 Assignment: 51

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The CONTRACTOR shall not, save with the previous consent in writing of the ONGC, sublet/SUB- CONTRACT, transfer or assign the CONTRACT or any part thereof in any manner whatsoever. However, such consent shall not relieve the CONTRACTOR from any obligation, duty or responsibility under the CONTRACT and CONTRACTOR shall be fully responsible for the services hereunder and for the execution and performance of the CONTRACT.

6.5 Waivers and amendments: a) Waivers: - It is fully understood and agreed that none of the terms and conditions of this CONTRACT shall be deemed waived by either party unless such waiver is executed in writing only by the duly authorised agents or representative of both the parties. The failure of either party to execute any right shall not act as a waiver of such right by such party. b) Amendments: - It is agreed that CONTRACTOR shall carry out work in accordance with the completion program (e.g. Drilling Programme) to be furnished by the CORPORATION which may be amended from time to time by reasonable modifications as CORPORATION sees fit.

7.0 REMUNERATION AND TERMS OF PAYMENT

7.1 CORPORATION shall pay to CONTRACTOR for the services, to be provided by the CONTRACTOR as per the Scope of Work (Annexure-III A), as per the price Schedule at (Annexure- III D). The rates payable, shall be firm during the entire CONTRACT period, including extension period, if any.

7.2. All Bills along with relevant supporting documents shall be submitted in triplicate

7.3. Invoices with original supporting documents duly countersigned by the CORPORATION’s representative/ engineer wherever applicable will be submitted (refer note below this clause) by the CONTRACTOR to CORPORATION and payment shall be made within 21 (twenty one) calendar days from the date of receipt of invoice at the above office.

Note: Monthly in case of interim bills (i.e. Running Account Bills). In case of final bills within 3 months of physical completion of work or within one month of date of final certificate of completion issued by the Engineer whichever is earlier.

The contractor should submit the following documents / details along with the invoices:

1) Along with first invoice issued under GST Law:

Following documents / details should be invariably furnished along with the first invoice issued under GST law indicating the GST Registration of service provider:

(a) Copy of valid GST registration certificate b) Copy of Labour Licence (if applicable). c) Particulars required for making payments through „Electronic Payment Mechanism‟, in accordance with the clause on „MODE OF PAYMENT‟ appearing in Annexure-I (i.e. „Instructions to bidders‟) of bid document. 52

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d) Copy of proof of local office. e) Mobile No. (Optional). f) e-mail ID.

2) Periodical / Monthly payment:

a) Invoice (i.e. Tax invoice as per relevant GST rules, in original and duplicate, clearly indicating GST Registration Number, Service Classification, GST Rate and amount of GST shown separately). b) Insurance policies and proof of payment of premium (As applicable). c) Details of statutory payments like EPF and ESI (as per clause 7.6.1 below), etc., (As applicable). d) Undertaking by the contractor regarding compliance of all statutes

e) Certificate by the contractor stating that labour have been paid not less than minimum wages. (As applicable) f) Any other document specifically mentioned in the Contract, or supporting documents in respect of other claims (if any), permissible under the Contract. g) Proof of payment of wages through ECS, endorsed by the concerned bank should accompany the bill of the contractor. 7.3.2 The undisputed invoices shall be normally paid within 21 days of receipt by the above Office.

7.3.3 No advance payment of any type will be paid by Corporation for the works / services.

7.3.4 In the event of ONGC objecting to any payments the same shall be communicated to the contractor. The contractor shall have the right to claim the payments of each amount objected to by ONGC in the subsequent invoices after removal of the cause of such objection, and the same will be paid within 30 days of settlement of such objection.

7.3.5 ONGC shall not be responsible / obliged for making any payment or meeting any other related obligations to the contractor's sub-contractor/vendors. The contractor shall be fully liable and responsible for meeting all such obligations and all payment to be made to its subcontractors/vendors and any other third parties engaged by the contractor in any way connected with the discharge of the contractor's obligation under the contract and in any manner whatsoever.

7.3.6 No interest shall be payable by ONGC on any disputed claim/delayed payment.

7.4 Particulars required before releasing payments to (foreign CONTRACTOR (non-resident as per Income Tax Act, 1961):

The particulars as per clause 12.1 of Annexure-I are invariably required before releasing payments to foreign CONTRACTOR, in accordance with the requirements for making remittances to non-residents as per Income Tax Act, 1961 (as amended from time to time).

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

In addition to the said particulars submitted alongwith the bid, the CONTRACTOR should also provide any other information as may be required for determining the taxability of the amount to be remitted to the non-resident. Further, the CONTRACTOR shall be liable to intimate the subsequent changes (if any) to the information submitted against any of the said particulars, alongwith full details. 7.5 In the event of any dispute in a portion or whole of any invoice, the CORPORATION shall make payment of undisputed portion and shall promptly notify the CONTRACTOR’s representative in writing for the remaining portion in CONTRACT to mutually resolve the dispute and if resolved in part or full, payment shall be made to the CONTRACTOR within 30 days of such settlement.

7.6 ONGC's right to question the amounts claimed Payment of any invoice shall not prejudice the right of the Corporation to question the allowability under this Agreement of any amounts claimed therein, provided ONGC, within one year beyond the expiry of each CONTRACT year, delivers to CONTRACTOR, written notice identifying any item or items which it questions and specifying the reasons therefor. Should ONGC so notify CONTRACTOR, such adjustment shall be made as the parties shall agree. These provisions shall be reciprocal for similar rights to the CONTRACTOR.

The CONTRACTOR shall provide on demand a complete and correct set of records pertaining to all costs for which it claims reimbursement from ONGC and as to any payment provided for hereunder, which is to be made on the basis of CONTRACTOR's costs.

7.6.1 Details of statutory payments like EPF and ESI etc.

Wherever applicable, the Contractor (including those engaging ‘International Workers’) shall have itself registered under Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 and Employees’ State Insurance Act, 1948 and follow the relevant statutory provisions including Rules made there-under concerning contractual workers. The contractor shall be required to submit the following documents/details to the Corporation:

(i) Copy of PF-ECR duly stamped by the designated Bank, alongwith a print of the digitally signed PDF data sheet of the ECR, as proof of payment, each month, details of this PDF data sheet shall be verified by the appropriate authority (i.e. Payment Making Authority) in the Corporation from the official website of EPFO (http://www.epfindia.gov.in).

(ii) (A) Copy of the online challan endorsed / stamped by the designated bank as proof of receipt of payment towards monthly contribution of ESI contribution.

(B) Copy of Return of contribution in respect of ESI for each contribution period of the six months ie. for the contribution period ended 30th Sept and the contribution period ended 31st March.

(iii) As an Annexure to each EPF-ECR and ESI Challan(s), contractor shall also furnish the following Certificates: a. The furnished information is correct to the best of his knowledge. b. In case any discrepancies or irregularities is /are noticed in this undertaking, then ONGC is free to inform the PF/ESIC Authorities. c. Before the completion of contract, contractor shall serve one month notice to all his contractual workers, informing that their services will be terminated. 54

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Corporation shall maintain these records and verify the deposit of statutory contribution made by the contractors with the EPFO/ESI authorities, where deemed necessary. However, before making payment of the last bill/invoice of the Contractor, the appropriate authority (i.e. Payment Making Authority) in the Corporation, shall verify the details/status of the payment towards EPF/ESI made by the Contractor from the authorities/official website of EPF/ESI (i.e. http://www.epfindia.gov.in and http://www.esic.in). In case the information furnished by the Contractor is found to be incorrect the Corporation shall take appropriate action against the Contractor.

Note: Conditions for applicability of above provisions

Above clause w.r.t. submission of details on EPF and ESI payments shall not be applicable in following types of contracts:

(a) In those Contracts wherein the services/jobs has been performed exclusively in the premises of the contractor, certificate to the effect is to be submitted by the Contractor that services/jobs to be executed under the contract have been performed exclusively in his premises.

(b) In those contracts also wherein contractor has employed only their full time regular employees for execution of the contract, certificate to the effect is to be submitted by the contractor that for execution of the contract, no contractual labour has been employed and only full time regular employees of the contractor have been employed.

(i) Information sought in above clause pertaining to only EPF shall not be required to be submitted in those contracts wherein the contractor has employed only those of his employees whose pay exceeds Rs. 6500/- per month thereby they are covered under the definition of “Excluded Employee”. Certificate to the effect is to be submitted by the contractor that for execution of the contract, the monthly wages of all employees who have been employed, exceeds to Rs. 6500/- per month or they have been treated as “Excluded Employee”.

(ii) Information sought in above clause pertaining to only ESI shall not be required to be submitted in those contracts wherein the contractor has employed only those of his employees whose pay exceeds Rs. 15000/- per month as in terms of the current provisions of the ESI Act, 1948 an employee whose monthly pay exceeds Rs. 15000/- is outside the purview of the ESI Act. Certificate to the effect is to be submitted by the contractor that for execution of the contract, the monthly wages of all employees who have been employed, exceeds Rs. 15000/- per month. Further, ESI Act, 1948 is applicable only in areas where it has been made applicable by Gazette Notification in this regard. (In the areas of ONGC operation, the ESI Act is currently applicable in all areas except the NE States. However, the Act is applicable in Guwahati. Applicability in new areas of operation is to 55

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be verified from the office of the ESI Corporation concerned.)

In case a contractor falling under the provisions of the Note mentioned above does not submit the required details on EPF and ESI payments, then in that case, the Contractor shall be required to indemnify ONGC for any liabilities arising out of declarations made by him in future on violation or provisions of the EPF Act 1952 and ESI Act 1948.

7.7 (Applicable in ICB tenders only) Payment of commission / fee / remuneration of Indian agent / consultant / representative / retainer / associate of foreign principal.

Not applicable.

8.0 CLAIMS, TAXES & DUTITES, FEES AND ACCOUNTIING :

8.1 CLAIMS:-

CONTRACTOR agrees to pay all claims, taxes and fees for equipment, labour, materials, services and supplies to be furnished by it hereunder and agrees to allow no lien or charge resulting from such claims to be fixed upon any property of CORPORATION. CORPORATION may, at its option, pay and discharge any liens or overdue charges for CONTRACTOR’s equipment, labour, materials, services and supplies under this CONTRACT and may thereupon deduct the amount or amounts so paid from any sum due, or thereafter become due, to CONTRACTOR hereunder.

8.2 NOTICE OF CLAIMS:- CONTRACTOR or CORPORATION, as the case may be, shall promptly give the other, notice in writing of any claim made or proceeding commenced for which that party is entitled to indemnification under the CONTRACT. Each party shall confer with the other concerning the defense of any such claims or proceeding, shall permit the other to be represented by counsel in defense thereof, and shall not effect settlement of or compromise any such claim or proceeding without the other’s written consent.

8.3 TAXES:- CONTRACTOR, unless specified otherwise in the CONTRACT, shall bear all tax liabilities, duties, Govt. levies etc. including GST and customs duty, Corporate and personnel taxes levied or imposed on the CONTRACTOR on account of payments received by it from the CORPORATION for the work done under this CONTRACT. It shall be the responsibility of the CONTRACTOR to submit to the concerned Indian authorities, the returns and all other concerned documents required for this purpose and to comply in all respects with the requirements of the laws in this regard, in time.

CONTRACTOR shall provide all the necessary compliances/ invoice / documents for enabling ONGC to avail Input tax credit benefits in respect of the payments of GST which are payable against the CONTRACT. The CONTRACTOR should provide tax invoice issued under GST legislations for the goods and Services (indicating GST). Payment towards the components of GST shall be released by ONGC only against appropriate documents ie: Tax Invoice/Bill of entry for availing input tax credit (as applicable).

The tax invoices as per above provisions should contain all the particulars as required under the invoicing rules under the GST legislations, including, but not limited to the following:

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(i) Name, Address and the GST Registration Number (under the relevant Tax Rules) of the Service Provider (Contractor)

(ii) Name and Address and GST Registration Number of the Service Receiver (Address of ONGC) (iii) Description, Classification and Value of taxable service / goods and the amount of applicable tax (CGST, SGST, IGST, UTGST and cess)

(iv) In case of imported goods, contractor/supplier is required to provide original Bill of entry or copy of Bill of Entry duly attested by Custom authority.

(v) The Contractor should mention the Place of supply in the invoice raised under GST Law. (vi) ONGC would not accept any invoice without its GSTIN mentioned on the invoice

Note : Bidder who is under composition levy of the GST legislation would raise Bill of supply instead of Tax invoice which will have GSTIN of supplier as well as ONGC.

8.3.1 DELETED

8.4 (NOT Applicable)

CUSTOMS DUTY: - (NOT Applicable)

8.5 CORPORATE TAXES:-

8.5.1 The CONTRACTOR shall bear all direct taxes, levied or imposed on the CONTRACTOR under the laws of India, as in force from time to time.

The CONTRACTOR shall also be responsible for ensuring compliance with all provisions of the direct tax laws of India including, but not limited to, the filing of appropriate Returns and shall promptly provide all information required by the CORPORATION for discharging any of its responsibilities under such laws in relation to or arising out of the CONTRACT.

8.5.2 Tax shall be deducted at source by ONGC from all sums due to an Indian tax resident Contractor in accordance with the provisions of the Income Tax Act, 1961, as in force at the relevant point of time.

8.5.3 A non-resident Contractor i.e., a Contractor who is not an Indian tax resident according to the Indian Income Tax Act, 1961, has the option to obtain on its own either (A) an Order u/s. 195(3) of the Income Tax Act, 1961, or (B) an order u/s. 197 of the Income Tax Act, 1961, and furnish the said Order u/s. 195(3) or the Order u/s.197, as the case may be, to ONGC along with each of its Invoices. In case the non resident Contractor wishes to exercise this option, it should convey the same in writing to ONGC at the time of signing the Contract and an option so exercised shall be final and cannot be changed during the currency of this Contract. In case an option is so exercised, ONGC shall deduct tax at source in accordance with the directions contained in the Order u/s. 195(3) or the Order u/s. 197, as the case may be, as in force at the point in time when tax is required to be deducted at source.

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8.5.4 In case the nonresident Contractor does not exercise the option in clause 8.5.3 above, an Order u/s. 195(2) of the Income Tax Act,1961, for the purpose of deduction of tax at source will be obtained by ONGC from the Deputy Director of Income Tax (International Taxation), Aaykar Bhawan, Subhash Road, Dehradun – 248001, India, and tax shall be deducted at source by ONGC as directed in the said Order u/s. 195(2).

8.5.5 In case the nonresident Contractor does not exercise the option in clause 8.5.3 above, it shall furnish a Tax Residency Certificate (Certificate from the income tax authorities of the country of which it is a tax resident, to the effect that, the Contractor is liable to tax in that country by reason of it being a tax resident under the relevant tax laws of that country) within 30 days from entering into the Contract and, in any event, at least 30 days before the first Invoice is furnished to ONGC.

8.5.6 As per the provisions of Section 206AA of Indian Income Tax Act, 1961, effective from 01.04.2010, any person entitled to receive any sum or income or amount, on which tax is deductible under the provisions of Act, is required to furnish his Permanent Account Number (PAN) to the person responsible for deducting tax at source. Therefore, in case the Contractor does not furnish its PAN, CORPORATION shall deduct tax at source as provided in the Income Tax Act, 1961, or in the relevant Finance Act, or as directed in the orders u/s 195(3) or 197 or 195(2), as the case may be, or at such higher rate as may be required by Section 206AA of Indian Income Tax Act, 1961, from time to time.

8.5.7 The employees of such foreign companies/concerns/Joint Ventures, their SUB- CONTRACTOR and assignees are also required to comply with various Direct tax laws of India, as applicable.

8.5.8 For the lapses, if any, on the part of the CONTRACTOR and consequential penal action taken by the Income Tax department, the CORPORATION shall not take any responsibility whether financial or otherwise.

Notes in respect of Tax Residency Certificate : (i) The Tax Residency Certificate (TRC) should be in original or a photocopy duly attested either from a notary public in India or from the Indian Embassy/High Commission/Consulate in the country whose authorities have issued such TRC.

(ii) During the currency of the Contract / Purchase Order, for the income accrued in different financial years, the Contractor/Supplier should submit separate TRCs for each financial year, based on the period for which the foreign income tax authorities issue the TRC as per the financial year followed in the respective country (viz.- the calendar year or the financial year commencing from 1st April to 31st March of succeeding year).

8.6 PERSONNEL TAXES:- The CONTRACTOR shall bear all personnel taxes levied or imposed on its personnel, SUB- CONTRACTOR’s personnel, vendors, consultants etc. on account of payment received under this CONTRACT.

9.0 PERFORMANCE:- The CONTRACTOR shall undertake to perform all services under this CONTRACT with all- reasonable skill, diligence and care in accordance with sound industry practice to the satisfaction of the CORPORATION and accept full responsibility for the satisfactory quality of such services as 58

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10.0 PERFORMANCE BOND (Applicable for tenders above Rs. 1 Lakh):- The CONTRACTOR shall furnish to the CORPORATION within 15 days from the date of fax CONTRACT/ Letter of Intent(LOI), security deposit in the form of a Bank draft or an irrevocable Bank Guarantee (as per the proforma enclosed at Appendix-I of this Annexure II) or an irrevocable Letter of Credit (as per the proforma enclosed at Appendix-4A of Annexure-I) for the period specified in the bid document/ Notification of Award/ LOI, towards performance under this CONTRACT.

In the event CONTRACTOR fails to honour any of the commitments entered into under this agreement or in the event of termination of the contract under provisions of Integrity Pact and /or in respect of any amount due from the CONTRACTOR to the CORPORATION, the CORPORATION shall have unconditional option under the guarantee to invoke the above bank guarantee and claim the amount from the bank. The bank shall be obliged to pay the amount to the CORPORATION on demand.

11.0 IMPORT AND IMPORT CLEARANCE:- All imports and clearance under this CONTRACT shall be done by the CONTRACTOR and CORPORATION will not provide any assistance in this regard.

12.0 DISCIPLINE:-

CONTRACTOR shall carry out operations hereunder with due diligence and in a safe and workman like manner according to good international oilfield practice. CONTRACTOR shall maintain strict discipline and good CONTRACT among its employees and its SUB-CONTRACTOR’s employees and shall abide by and conform to all rules and regulations promulgated by the CORPORATION governing the operations. Should CORPORATION feel that the conduct of any of CONTRACTOR/SUB-CONTRACTOR’s employees is detrimental to CORPORATION’s interest, the CORPORATION shall have the unqualified right to request for the removal of such employee either for incompetence, unreliability, misbehavior, security reasons etc. while on or off the job. The CONTRACTOR shall comply with any such request to remove such personnel at CONTRACTOR’s expense unconditionally. The CONTRACTOR will be allowed a maximum of 7 (Seven) working days to replace the person by competent qualified person at CONTRACTOR’s cost.

13. SAFETY AND LABOUR LAWS:-

CONTRACTOR shall comply with the provision of all laws including Labour Laws, rules, regulations and notifications issued thereunder from time to time. All safety and labour laws enforced by statutory agencies and by ONGC shall be applicable in the performance of this CONTRACT and CONTRACTOR shall abide by these laws.

CONTRACTOR shall take all measures necessary or proper to protect the personnel, work and facilities and shall observe all reasonable safety rules and instructions. No smoking shall be 59

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The CONTRACTOR shall report as soon as possible any evidence which may indicate or is likely to lead to an abnormal or dangerous situation and shall take all necessary emergency control steps to avoid such abnormal situations.

13.1 Verification of character and antecedents of Contractual Manpower

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 ONGC prior to start of work:

(i) Undertaking from the Contractor that the character and antecedents of the person(s) proposed to be deployed by them is/are impeccable. (ii) 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.

(iii) Along with the above mentioned undertakings, the Contractor will provide certified photocopies of Police verification certificates for inspection by the authorized representative of ONGC. The Contractor has to obtain Police verification report (signed by an officer equivalent to DSP rank of 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 years at a stretch, Police verification reports should be obtained from that area where the person(s) has/ have stayed earlier.

14. SECRECY:- CONTRACTOR shall during the tenure of the CONTRACT and at any time thereafter maintain in the strictest confidence all information relating to the work and shall not, unless so authorised in writing by corporation, divulge or grant access to any information about the work or its results and shall prevent anyone becoming acquainted with either through CONTRACTOR or its personnel or authorised SUB-Contractors or agents. CONTRACTOR shall not avail of the information obtained in the course of work hereunder in any manner, whatsoever, nor shall CONTRACTOR divulge any information about the location of the work area of part thereof. CONTRACTOR shall not also destroy any report, note and technical data relating to the operation/ work and not required by the CORPORATION. The obligation is continuing one and shall survive after the completion/ termination of this agreement.

15. STATUTORY REQUIREMENTS:- During the tenure of this CONTRACT nothing shall be done by the CONTRACTOR in contravention of any law, act and/or rules/regulations, thereunder or any amendment thereof governing interalia customs stowaways, foreign exchange etc. 16. INSURANCE:- A) CONTRACTOR shall, at his own expense, arrange Workmen's Compensation / Employer's Liability Insurance policy to cover statutory liability of an employer for the workmen engaged under this contract also to cover all risks assumed by the CONTRACTOR in respect of its personnel deputed under this CONTRACT. 60

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Further, CONTRACTOR at his own expense shall also arrange insurance policy to cover 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 even when these are in the custody of ONGC and that ONGC will have no liability on this account.”

B) Waiver of subrogation: Except for the workmen's Compensation / Employer's Liability Insurance for workmen engaged under this contract which have been obtained by the contractor as their Corporate policy/rules, where ONGC is neither required to be present as principal Assured or additional Assured, all insurance policies of the CONTRACTOR with respect to the operations conducted hereunder as set forth in clause 13 hereof, shall be endorsed by the underwriter in accordance with the following policy wording:-

“The insurers hereby waive their rights of subrogation against any individual, CORPORATION, affiliates or assignees for whom or with whom the assured may be operating to the extent of the Contractual indemnities undertaken by the CONTRACTOR”.

C) 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 same and charge the cost thereof to CONTRACTOR. Should there be lapse in any insurance required to be carried out by CONTRACTOR hereunder for any reason, losses resulting therefrom shall be to the sole account of the CONTRACTOR. Such insurance shall be effected within Insurance Company incorporated and registered in India or jointly with a Company of International repute and an Insurance Company incorporated and registered in India.

D) Deductible:- The contractor shall take policy with minimum deductible as prescribed for the policy (ies).

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.

16.1. Pradhan Mantri Suraksha Bima Yojana (PMSBY) and Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY).

Contractor shall, ensure that all his/ its personnel deployed under this contract have obtained additional insurance coverage under the Pradhan Mantri Suraksha Bima Yojana (PMSBY) and Prashan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) through the participating banks and submit the proof of such insurance coverage to the satisfaction of ONGC for defraying the cost of the insurance premium amount under the contract. The contractor shall also certify that the claim has not been preferred in the earlier contract of ONGC or otherwise.

ONGC after satisfying by verifying the required documents shall release the premium amount to contractor. In case a member is covered through more than one account, insurance cover will be restricted to one only. 61

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. 17.1 INDEMNITY BY CONTRACTOR: Unless otherwise specified elsewhere in this CONTRACT, CONTRACTOR shall indemnify and keep indemnified CORPORATION, its CONTRACTORs (other than the CONTRACTOR) and/or sub- CONTRACTORs and its/their employees from all actions, proceedings, suits, claims, demands, liabilities, damages, losses, costs, charges, expenses(including without limitation, wreck or debris, removal costs, where wreck or debris removal is ordered by a competent authority) 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 : a) personal injury, illness or death of : i) any of CONTRACTOR’s or subCONTRACTOR’s personnel (even if caused by or contributed to by the negligence or fault of CORPORATION); and ii) subject to clause 17.2 (a) (I) 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 subCONTRACTORs or subCONTRACTOR’s personnel and b) loss or damage to : i) 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

ii) subject to clause 17.2 (b) (I) 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.

17.2 INDEMNITY BY CORPORATION : Unless otherwise specified elsewhere in this CONTRACT, CORPORATION shall indemnify and keep indemnified CONTRACTOR (which expression in this clause includes, unless the context otherwise requires. SubCONTRACTORs of any tier and their employees) from all actions, proceedings, suits, claims, demands, liabilities, damages, losses, costs, charges, expenses and fines arising from : a) personal injury, illness or death of

i) any employee of the CORPORATION (even if caused by or contributed to by the negligence or fault of CONTRACTOR);

ii) subject to clause 17.1 (a) (I) any other person to the extent that the injury, illness or death is caused by the negligence or fault of CORPORATION ; and b) 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.

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ii) Subject to clause 17.1 (b) (I) any loss or damage to any other property to the extent the loss or damage is caused by the negligence or fault of CORPORATION.

18. TERMINATION

18.1 Termination on expiry of the CONTRACT This Agreement shall be deemed to have been automatically terminated on the expiry of the CONTRACT period unless the ONGC has exercised its option to extend this CONTRACT in accordance with the provisions, if any, of this CONTRACT.

18.2 Termination on account of force majeure ONGC shall have the right to terminate this CONTRACT on account of Force Majeure, as set forth in clause 23.0 18.3 Termination on account of insolvency In the event the CONTRACTOR or its collaborator at any time during the term of this Agreement becomes insolvent or makes a voluntary assignment of its assets for the benefit of creditors or is adjudged bankrupt, then the ONGC shall, by a notice in Writing have the right to terminate this CONTRACT and all the CONTRACTOR's rights and privileges hereunder, shall stand terminated forthwith.

18.4 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 30 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.

18.5 Termination for delay in mobilisation Successful bidder shall be required to mobilise complete equipment along with crew (only manpower / crew in case of Operation and Maintenance Contracts) for commencement of services at the specified site within a maximum number of 10 days from the date of Fax order / LOA/ 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.

18.6 Consequences of termination 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.

In case of termination of Contract herein set forth, except under 18.1 and 18.2, and / or annulment of the contract due to non-submission of Performance Security (as per clause 36 of Annexure-I), following actions shall be taken against the Contractor:

i. ONGC shall conduct an inquiry against the Contractor and consequent to the conclusion of the inquiry, if it is found that the fault is on the part of the Contractor, then they shall be put on holiday [i.e. neither any tender enquiry will be issued to such a Contractor by ONGC against any type of tender nor their offer will be considered by ONGC against any ongoing tender(s) where contract between ONGC and that particular Contractor (as a bidder) has not been 63

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concluded] for a period of two years from the date the order for putting the Contractor on holiday is issued. However, the action taken by ONGC for putting that Contractor on holiday shall not have any effect on other ongoing contract(s), if any with that Contractor which shall continue till expiry of their term(s).

ii. Pending completion of the enquiry process for putting the Contractor on holiday, ONGC shall neither issue any tender enquiry to the defaulting Contractor nor shall consider their offer in any ongoing tender.

19. DELAY IN MOBILISATION AND LIQUIDATED DAMAGES

a) CONTRACTOR (successful bidder) shall mobilize and deploy the required material, manpower and the complete equipments so as to commence the works/services at the specified site (s) within a maximum of 7 days from the date of Fax order / LOA / NOA, (or) handing over of the site whichever is later, as per the decision of ONGC.

b) If the CONTRACTOR fails to mobilize and deploy the required manpower / equipment and / or fails to commence the services within the period specified in sub clause (a) above, ONGC shall have, without prejudice to any other right or remedy in law or contract including sub clause (c) below, the right to terminate the contract.

c) If the contractor is unable to mobilize / deploy and commence the services within the period specified in sub clause (a) above, it may request ONGC for extension of the time with unconditionally agreeing for levy and recovery of LD. Upon receipt of such a request, ONGC may at its discretion, extend the period of mobilization and shall recover from the contractor, as an ascertained and agreed Liquidated Damages, a sum equivalent to 1/2 % of contract value, for each week of delay or part thereof, subject to a maximum of 10% of the contract value.

d) The parties agree that the sum specified above is not a penalty but a genuine pre- estimate of the loss/damage which will be suffered by ONGC on account of delay on the part of the CONTRACTOR and the said amount will be payable without proof of actual loss or damage caused by such delay.

(e) LD will be calculated on the basis of contract value excluding duties and taxes, where such duties/taxes have been shown separately in the contract. (f) The applicable GST on the LD shall have to be borne by the contractor. Accordingly, the liquidated damages shall be recovered from the contractor along with applicable GST.

20. SEVERABILITY:

Should any provision of this agreement be found to be invalid, illegal or otherwise not enforceable by any court of law, such finding shall not affect the remaining provisions hereto and they shall remain binding on the parties hereto. 21. CHANGE IN LAW:

21.1 In the event of introduction of any new legislation or any change or amendment or enforcement of any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body which becomes effective after the tender closing date for this CONTRACT and which results in increase in rate of taxes and duties on the supply of services to ONGC under the 64

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CONTRACT (other than personnel and Corporate taxes), the CONTRACTOR shall be indemnified for any such increased taxes and duties by the CORPORATION subject to the production of documentary proof to the satisfaction of the CORPORATION to the extent which directly is attributable to such introduction of new legislation or change or amendment as mentioned above and adjudication by the competent authority & the courts wherever levy of such taxes / duties are disputed by CORPORATION.

21.2 Similarly, in the event of introduction of new legislation or any change or amendment or enforcement of any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body which becomes effective after the tender closing date for this CONTRACT and which results in any decrease in the rate of taxes and duties on the supply of services to ONGC, (other than personnel and Corporate taxes), the CONTRACTOR shall pass on the benefits of such reduced cost, taxes or duties to the CORPORATION, to the extent which is directly attributable to such introduction of new legislation or change or amendment as mentioned above.

21.3 All taxes & duties (except where otherwise expressly provided in the Contract) as may be levied / imposed in consequences of execution of the Services or in relation thereto or in connection therewith as per the Acts, Laws, Rules, Regulations in force on the tender closing date, for the this CONTRACT shall be to CONTRACTOR’s account. Any increase / decrease in the rate of such duties, taxes after the tender closing date, but within the contractual completion / mobilization date as stipulated in the CONTRACT will be to the account of CORPORATION.

21.4 Any increase in the rate of taxes & duties after the contractual completion / mobilization date during the extended period will be to the contractor’s account, where delay in completion /mobilization period is attributable to the CONTRACTOR. However, any decrease in the rate of taxes and duties after the contractual completion / mobilization date will be to CORPORATION’s account.

21.5 The Contract Price and other prices given in the Schedule of Prices are based on the applicable tariff as indicated by the CONTRACTOR in the Schedule of Prices. In case this information subsequently proves to be wrong, incorrect or misleading, CORPORATION will have no liability to reimburse/pay to the CONTRACTOR the excess duties, taxes, fees, if any finally levied / imposed by the concerned authorities. However, in such an event, CORPORATION will have the right to recover the difference in case the rate of duty/tax finally assessed is on the lower side.

21.6 Notwithstanding the provision contained in clause 21.1 to 21.4 above, the CORPORATION shall not bear any liability in respect of : (i) Personal taxes on the personnel deployed by CONTRACTOR, his sub-contractor / sub-sub contractors and Agents etc.

(ii) Corporate taxes and Fringe benefit tax in respect of contractor and all of their subcontractors, agents etc. (iii) Other taxes & duties including Customs Duty, and GST in addition to new taxes etc. in respect of sub-contractors, vendors, agents etc of the CONTRACTOR.

21.7 The above provisions would be applicable only in case of variation in rate of taxes and duties on supply of services to ONGC and not applicable on taxes and duties on input (goods and services).

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21.8 Any claim or reduction on account of change in law shall be accompanied with undertaking that the provisions of anti-profiteering clause under GST Act have been complied with.

22. LIABILITY OF THE GOVERNMENT OF INDIA:-

It is expressly understood and agreed by and between the CONTRACTOR and ONGC (the Indian PSU), that ONGC is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Govt. of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that ONGC is an independent legal entity with power and authority to enter into CONTRACTs solely in its behalf under the applicable laws of India and general principles of CONTRACT Law. The CONTRACTOR expressly agrees, acknowledges and understands that ONGC is not an agent, representative or delegate of the Govt. of India. It is further understood and agreed that the Govt. of India is not and shall not be liable for any acts, omissions, and commission, breaches or other wrongs arising out of the CONTRACT. Accordingly, CONTRACTOR hereby expressly waives, releases and forgoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Govt. of India arising out of this CONTRACT and covenants not to the Govt. of India as to any manner, claim, cause of action or thing whatsoever arising of under this CONTRACT

23. FORCE MAJEURE:

In the event of either party being rendered unable by Force Majeure to perform any obligation required to be performed by them under this Agreement, the relative obligation of the party affected by such Force Majeure shall, upon notification to the other party be suspended for the period during which such cause lasts.

The term "Force Majeure" as employed herein shall mean Act of God, floods, tempest, War, Civil Riot, Fire and Acts, Rules and Regulations of respective government of the two parties, namely ONGC and the Contractor, directly effecting the performance of the Contract.

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, within seventy two hours of the alleged beginning and ending thereof, giving full particulars and satisfactory evidence in support of its claim.

Time for performance of the relative obligation suspended by the Force Majeure, shall then stand extended by the period for which such cause lasts.

If the performance under the contract are suspended by Force Majeure conditions lasting for more than 2 (two) months, ONGC shall have the right to terminate this Agreement by giving 15 days’ notice

24. EMPLOYMENT BY FIRMS TO OFFICIALS OF ONGC 66

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Firms/companies who have or had business relations with ONGC are advised not to employ serving ONGC employees without prior permission. It is also advised not to employ ex-personnel of ONGC within the initial two years period after their retirement/resignation/severance from the service without specific permission of ONGC. The ONGC may decide not to deal with such firm(s) who fail to comply with the above advice.

25. PREFERENCE TO LOCAL COMPANIES:- CONTRACTOR agrees to give priority and preference to locally owned companies, when hiring Sub CONTRACTOR, SUBJECT TO price, quality and delivery being equivalent.

25.1 Contractor shall source the fuels like petrol, diesel etc., if required for carrying out the works / services covered under this contract, from M/s. Mangalore Refinery & Petrochemicals Limited, Mangalore (a subsidiary of ONGC), wherever feasible.

26. JURISDICTION AND APPLICABLE LAW:- This Agreement including all matter connected with this Agreement, shall be governed by the laws of India (both substantive and procedural) for the time being in force and shall be subject to exclusive jurisdiction of the Indian Courts (the place where the CONTRACT is signed in India). 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.

27. ARBITRATION

27.1 ARBITRATION (Applicable in case of supply orders/Contracts with firms, other than Public Sector Enterprises) (Not applicable in cases valuing less than Rs 5 lakhs)

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:

1. 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.

2. The number of the arbitrators and the appointing authority will be as under: Claim amount Number of Appointing authority (excluding claim arbitrator for interest and counter claim, if any)

Upto Rs. 50 lakhs Sole Arbitrator to be ONGC appointed from a [Note: ONGC will forward a list containing names of panel of retired five retired officers from ONGC/other PSU/Non- 67

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Claim amount Number of Appointing authority (excluding claim arbitrator for interest and counter claim, if any)

officers from PSU organizations for selecting one from the list ONGC/other PSU/ who will be appointed as sole arbitrator by ONGC] Non-PSU organizations. Above Rs. 50 lakhs Sole Arbitrator to be ONGC to Rs.5 crores appointed from a [Note: ONGC will forward a list containing names of panel of retired five jurists to the other party for selecting one from Jurists the list who will be appointed as sole arbitrator by ONGC]

Above Rs. 5 crores 3 Arbitrators One arbitrator by each party and the 3rd arbitrator, who shall be the presiding arbitrator, by the two arbitrators. ONGC will appoint its arbitrator from the panel of jurists.

3. The parties agree that they shall appoint only those persons as arbitrators who accept the conditions of this arbitration clause, including the fees schedule provided herein. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the conditions of this arbitration clause.

4. 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 other PSU. However, neither party shall appoint its serving employee as arbitrator.

5. 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.

6. 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.

7. The arbitral tribunal shall make and publish the award within time stipulated as under:

Amount of Claims and Counter Period for making and publishing of the award (counted from Claims the date of first meeting of the arbitrators): (excluding interest) 68

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

Upto Rs. 5 crores Within 8 months

Above Rs. 5 crores Within 12 months

The above time limit can be extended by the arbitrator(s), for reasons to be recorded in writing, with the consent of the parties.

8. Arbitrators shall be paid fees at the following rates: Amount of Claims and Counter Lump sum fees (including fees for study of pleadings, Claims case material, writing of the award, secretarial charges (excluding interest) etc.) payable to each arbitrator (to be shared equally by the parties) Upto Rs 50 lakhs Rs. 10,000 per meeting subject to a ceiling of Rs. 1,00,000/- . Above Rs 50 lakhs to Rs 1 crore Rs. 1,35,000/- plus Rs. 1,800/- per lakh or a part there of subject to a ceiling of Rs. 2,25,000/-. Above Rs. 1 crore and upto Rs. 5 Rs. 2,25,000/- plus Rs. 33,750 per crore or a part there of Crores subject to a ceiling of Rs. 3,60,000/-. Above Rs. 5 crores and upto Rs. Rs. 3,60,000/- plus Rs. 22,500/- per crore or a part there of 10 crores. subject to a ceiling of Rs. 4,72,500/-. Above Rs. 10 crores Rs. 4,72,500 plus Rs. 18,000/- per crore or part thereof subject to a ceiling of Rs. 15,00,000/-.

9. 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) 20%of the fees if the claimant has not submitted statement of claim. (ii) 40% of the fees if the pleadings are complete. (iii) 60% of the fees if the hearing has commenced. (iv) 80% of the fees if the hearing is concluded but the award is yet to be passed.

10. Each party shall pay its share of arbitrator’s fees in stages as under:

(i) 20% of the fees on filing of reply to the statement of claim. (ii) 40 % of the fees on completion of pleadings. (iii) 20% of the fees on conclusion of the final hearing. (iv) 20% at the time when award is given to the parties.

11. 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 / stay arrangements for the Presiding Arbitrator and the expenses incurred shall be shared equally by the parties.

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.

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

12. 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.

13. The Arbitrator(s) shall give reasoned and speaking award and it shall be final and binding on the parties.

14. Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this clause.

27.2 (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 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, Deptt. 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, 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.

27.3 Resolution of disputes through conciliation by OEC (Not applicable in cases valuing less than Rs 5 lakhs):

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 may first be referred to conciliation through Outside Expert Committee (“OEC”) to be constituted by CMD, ONGC as provided hereunder:

1. The party desirous of resorting to conciliation shall send a notice of 30 (thirty) days to the other party of its intention of referring the dispute for resolution through OEC. The notice invoking conciliation shall specify all the points of disputes with details of the amount claimed to be referred to OEC and the party concerned shall not raise any new issue thereafter.

2. CMD, ONGC shall nominate three outside experts, one each from Financial/commercial, Technical and Legal fields from the Panel of Outside Experts maintained by ONGC who shall together be referred to as OEC (Outside Experts Committee).

3. Parties shall not claim any interest on claims/counterclaims from the date of notice invoking conciliation till execution of settlement agreement, if so arrived at. In case, parties are unable to reach a settlement, no interest shall be claimed by either party for the period from the date of notice invoking conciliation till the date of OEC recommendations in any further proceeding.

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

4. The Proceedings of the OEC shall be broadly governed by Part III of the Arbitration and Conciliation Act, 1996 including any modifications thereof.

5. OEC shall hear both the parties and recommend possible terms of settlement between the parties. The recommendations of OEC shall be non-binding and the parties may decide to accept or not to accept the same. Parties shall be at liberty to accept the OEC recommendation with any modification they may deem fit.

6. Where recommendations are acceptable to both the parties, a settlement agreement will be drawn up in terms of the OEC recommendations or with such modifications as may be agreed upon by the parties. The settlement agreement shall be signed by both the parties and authenticated by all the OEC members either in person or through circulation. This settlement agreement shall have the same legal status and effect as that of an arbitration award on agreed terms on the substance of the dispute rendered by an arbitral tribunal under Section 30 of the Arbitration and Conciliation Act, 1996.

7. The parties shall keep confidential all matters relating to the conciliation proceedings. Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.

8. The parties shall not rely upon or introduce as evidence in any further arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings,

(a) views expressed or suggestions made by the other party in respect of a possible settlement of the dispute; (b) admissions made by the other party in the course of the OEC proceedings; (c) proposals made by the OEC; (d) the fact that the other party had indicated his willingness to accept a proposal for settlement made by the OEC.

9. The parties shall present their case before OEC only through their in-house executives. Neither party shall be represented by a lawyer unless OEC specifically desires that some issue of legal nature is in dispute that needs to be clarified / interpreted by a lawyer.

10. OEC members shall be entitled for the following fees and facilities:

Sl. Fees/ Facility Entitlement To be paid by No

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

1. Fees Rs. 10,000 per meeting subject to Claimant maximum of Rs. 1,00, 000 for the whole case. In addition, one OEC member chosen by OEC shall be paid an additional amount of Rs. 10,000 towards secretarial expenses in writing minutes / OEC recommendations. 2. Additional Fee for Rs. 10,000/-. Claimant attending meeting to authenticate the settlement agreement

3. Transportation in the Luxury car or Rs. 1,500 per day. Claimant city of the meeting 4. Venue for meeting ONGC conference rooms/Hotels ONGC

Facilities to be provided to the out -stationed member

5. Travel from the city of Business class air tickets/ first Claimant residence to the city of class train tickets/ Luxury car/ meeting reimbursement of actual fare. However, entitlement of air travel by Business class shall be subject to austerity measures, if any, ordered by Govt of India. 6. Transport to and fro Luxury car or Rs. 2,000/-. Claimant airport / railway station in the city of residence 7. Stay for out stationed 5 Star Hotel. ONGC members 8. Transport in the city of Luxury car or Rs. 1500 per day. Claimant meeting

11. All the expenditure incurred in the OEC proceedings shall be shared by the parties in equal proportion. The parties shall maintain account of expenditure and present to the other for the purpose of sharing on conclusion of the OEC proceedings.

12. If the parties are not able to resolve the dispute through OEC or do not opt for conciliation through OEC, the party may invoke arbitration clause as provided in the contract.

28. CONTINUANCE OF THE CONTRACT: - Notwithstanding the fact that settlement of dispute(s) (if any) under arbitration may be pending, the parties hereto shall continue to be governed by and perform the work in accordance with the provisions under this CONTRACT.

29. INTERPRETATION: - The titles and headings of the sections in this CONTRACT are inserted for convenient reference only and shall not be construed and limiting or extending the meaning of any provisions of this 72

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

CONTRACT.

30.0 ENTIRE AGREEMENT: - This Agreement supersedes all prior Agreements and commitments, whether oral or in writing between the parties concerning the subject matters thereof. The right of either party to require strict performances will not be affected by any previous waiver or course of dealing. Neither this Agreement nor any modification will be binding on a party unless signed by an authorised representative of CONTRACTOR and ONGC.

31.0 PATENT INDEMNITY

31.1. The CONTRACTOR shall, subject to the CORPORATION’s compliance with Sub-Clause below, indemnify and hold harmless the CORPORATION and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the CORPORATION may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract by reason of:

(a) the installation of the Items by the CONTRACTOR or the use of the Items in the country where the Site is located; and

(b) the sale in any country of the products produced by the Items. Such indemnity shall not cover any use of the Items or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the Items or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the CONTRACTOR, pursuant to the Contract.

31.2. If any proceedings are brought or any claim is made against the CORPORATION arising out of the matters referred to in GCC above Sub-Clause, the CORPORATION shall promptly give the CONTRACTOR a notice thereof, and the CONTRACTOR may at its own expense and in the CORPORATION’s name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim.

31.3. If the CONTRACTOR fails to notify the CORPORATION within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the CORPORATION shall be free to conduct the same on its own behalf.

31.4. The CORPORATION shall, at the CONTRACTOR’s request, afford all available assistance to the CONTRACTOR in conducting such proceedings or claim, and shall be reimbursed by the CONTRACTOR for all reasonable expenses incurred in so doing.

31.5. The CORPORATION shall indemnify and hold harmless the CONTRACTOR and its employees, officers, and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which the CONTRACTOR may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright, or other intellectual property right registered or otherwise existing at the date of the Contract arising out of

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the CORPORATION.

32.0 INDEPENDENT CONTRACTOR STATUS:

The CONTRACTOR shall act as an independent contractor performing the CONTRACT. The Contract does not create any agency, partnership, joint ventures or joint relationship between the parties. Subject to all compliance with the CONTRACT, the CONTRACTOR shall be solely responsible for the manner in which works are performed. All employees, representatives or sub-CONTRACTORs engaged by the CONTRACTOR in performing the CONTRACT shall be under the complete control of the CONTRACTOR and shall not be deemed to be employees of the CORPORATION and nothing contained in the CONTRACT or in any sub-CONTRACT awarded by the CONTRACTOR shall be construed to create any contractual relationship between any such employees or representative or Sub-CONTRACTOR and the CORPORATION. CONTRACTOR shall be responsible for the acts, defaults or negligence of the CONTRACTOR, his agencies, servant or workmen.

33.0 EXPORT/RE-EXPORT CONTROL RESTRICTIONS:

In case there are certain export / re-export control restrictions imposed by parent country of the Contractor(s) w.r.t the items (i.e. goods, equipment, services, or technology) offered by them to Corporation regarding their end use or the end user or regarding their usage in certain other countries, then the Contractor can intimate about same while quoting in the Corporation’s tender(s). Such intimation by the Contractor about the items (i.e. goods, equipment, services, or technology) being covered under export control regulations will not lead to rejection of the offer(s) in Corporation’s tenders. Further, in case of award of Contract on such bidder(s), it should be stipulated therein that the items (i.e. goods, equipment, services, or technology) being procured against this CONTRACT would be used by Corporation for exploration and exploitation of hydrocarbons in India only. However, if for any reasons whatsoever the end use or end user of these items are required to be changed or if these goods are to be taken for use in countries outside India, then Corporation would request the Contractor to obtain consent from the concerned authority in their country.

34.0 INTEGRITY PACT (applicable for tenders above Rs 1 Crores):

The Integrity pact, duly signed by the authorized official of ONGC and the contractor, will form part of this contract / work order / NOA.

35.0 Limitation of Liability

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

Notwithstanding any other provisions, except only in cases of willful misconduct and / or criminal acts,

a) Neither the Contractor nor the Company (ONGC) shall be liable to the other, whether in Contract, tort, or otherwise, for any consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided however that this exclusion shall not apply to any obligation of the Contractor to pay Liquidated Damages plus GST thereon to the Company and

b) Notwithstanding any other provisions incorporated elsewhere in the contract, the aggregate liability of the Contractor in respect of this contract, whether under the Contract, in tort or otherwise, shall not exceed 50% of the annualized Contract Price, provided however that this limitation shall not apply to the cost of repairing or replacing defective equipment by the Contractor, or to any obligation of the Contractor to indemnify the Company with respect to Intellectual Property Rights.

c) Company shall indemnify and keep indemnified Contractor harmless from and against any and all claims, costs, losses and liabilities in excess of the aggregate liability amount in terms of clause (b) above.

36. Submission of forged documents:

Bidders should note that ONGC may verify authenticity of all the documents/certificate/information submitted by the bidder(s) against the tender. In case at any stage of tendering process or Contract/PO execution etc., if it is established that bidder has submitted forged documents/certificates/information towards fulfilment of any of the tender/contract conditions, ONGC shall immediately reject the bid of such bidder(s) or cancel/terminate the contract and forfeit EMD/SD submitted by the bidder.

37. Consideration of representations on post contract issues submitted by the bidders to Independent External Monitors (IEMs) (Applicable for all tenders valuing above Rs. 1 Crore where IP is applicable.)

The bidders may raise disputes / complaints, if any, either with the designated Competent Purchase Authority (CPA) in ONGC or with concerned Director of ONGC or directly with the IEM c/o Chief Vigilance Officer, ONGC, Pandit Deen Dayal Upadhyaya Urja Bhawan, 5 Nelson Mendela Marg, Vasant Kunj, New Delhi - 110070.

However, Bidders should note that IEMs would consider only those representations on post contract issues wherein there is an alleged violation of provisions of IP. Hence, bidders should not refer those post contract issues to IEMs for resolution, for which dispute resolution mechanism has already been defined in the contract conditions. The post contract issues pertaining to alleged violation of provisions of IP, if any, should only be referred to IEMs

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

Appendix - 1

Proforma of Bank Guarantee towards Performance Security. PERFORMANCE GUARANTEE

Ref. No. ______Bank Guarantee No ______Dated ______

To,

Oil & Natural Gas CORPORATION ______India

Dear Sirs,

1. In consideration of Oil & Natural Gas CORPORATION Limited, incorporated under the Companies Act, 1956, having its Registered Office at Pandit Deen Dayal Upadhyaya Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070 - India and one of its offices at ______(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. ______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 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,

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS 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)

All Claims of ONGC (beneficiary) against this Bank Guarantee, shall be remitted by the ………………………..………….. (Bank’s name to be inserted) to the following account of ONGC only through electronic transfer of funds, unless otherwise specifically communicated by ONGC:

Beneficiary Account Name : Oil and Natural Gas Corporation Limited Bank Name : State Bank of India Branch : Bharathiar Road, Karaikal 77

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

Branch Code : 1418 Bank Account No. : 10956398419 IFSC Code : SBIN0001418 SWIFT Code : -N.A-

In witness whereof, the Bank through its authorised officer has set its hand and stamp on this ...... day of ...... 20__ at ......

WITNESS NO. 1 ------(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)

VOL-I OIL AND NATURAL GAS CORPORATION LIMITED CAUVERY ASSET, ENGINEERING SERVICES, ANNEXURE – II CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- MODAL CONTRACT 609604 (Py) AND GENERAL CONTRACT CONDITIONS

INSTRUCTIONS FOR FURNISHING PERFORMANCE GUARANTEE

1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamp paper /franking receipt as per stamp duty applicable at the place from where the CONTRACT has been placed. The non-judicial stamp paper /franking receipt should be either in name of the issuing bank or the contractor.

2. Foreign parties are requested to execute bank guarantee as par law in their country.

3. Foreign bidders will give guarantee either in the currency of the offer or i.e. Indian have been mentioned only for illustration. Therefore, in case where bank guarantee is being given in currency other than ‘Rupees’ indicate the relevant currency of the offer.

4. The expiry date as mentioned in clause 9 should be arrived at by adding 60 days to the CONTRACT completion date unless otherwise specified in the bidding documents.

5. (a) The Bank Guarantee by Indian Contractor will be given from Nationalized/ Scheduled Banks only. The Foreign Contractor will give Bank Guarantee from an Indian Bank situated in their country.

(b) In case no Indian Bank is situated in foreign Contractor’s country, then Bank Guarantee from foreign Bank acceptable to ONGC, either situated in Contractor's country or in India (a list of such foreign banks acceptable to ONGC is enclosed at Appendix-9 in Annexure-I of this bidding document)) or from an Indian Scheduled Bank situated in India, will be considered.

(c) If any foreign Contractor desires to furnish bank guarantee from a bank other than those included in Appendix-9 of Annexure-I of this bidding document, such Contractor should furnish collateral security/ guarantee/ confirmation from any of these 300 banks or the State Bank of India.

Appendix – 2 Deleted

Appendix – 3 Deleted

Appendix – 4 Deleted

Appendix – 5 Deleted

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

ANNEXURE - II A

CLAUSES OF CONTRACT

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

CLAUSES OF CONTRACT

Performance guarantee Clause 1

The CONTRACTOR shall furnish to the CORPORATION within 15 days from the date of fax CONTRACT/ Letter of Intent(LOI), security deposit in the form of an irrevocable Bank Guarantee (as per the proforma enclosed at Appendix-I of GCC for the period specified in the bid document/ Notification of Award/ LOI, towards performance under this CONTRACT.

In the event CONTRACTOR fails to honour any of the commitments entered into under this agreement, and /or in respect of any amount due from the CONTRACTOR to the CORPORATION, the CORPORATION shall have unconditional option under the guarantee to invoke the above bank guarantee and claim the amount from the bank. The bank shall be obliged to pay the amount to the CORPORATION on demand.

Recovery of security Clause 1 A deposit Within 15 (Fifteen) days from the date of issue of NOA / LOI by ONGC to the successful bidder, shall submit a Performance Guarantee/ Contract Security in the form as prescribed below.

The Security Deposit amount shall be 12.2 % of the contract value and contractor shall submit or ONGC shall recover from bills as detailed. Within 15 (Fifteen) days from the date of issue of LOI/ NOA by the Company, the successful Bidder shall furnish a Performance Security for an amount of 12.2% (Twelve point two percent) of the Contract Price ) Performance Guarantee shall be submitted in the form of Bank Guarantee valid for a period of 60 days beyond the defects liability period in the prescribed proforma – (Refer Appendix-1 of GCC of bid document) from any Nationalized /Scheduled Bank. The period for submission of Performance Bank Guarantee can be further extended by the Engineer-In-Charge on written request of the Contractor stating the reason for delays in procuring the Performance Guarantee, to the satisfaction of the Engineer-in-Charge. The Bank Guarantee will be submitted on non-judicial stamp paper / franking receipt as per stamp duty applicable at the place from where the Contract has been placed. The non-judicial stamp paper / franking receipt should be either in name of the issuing bank or the Contractor.

On submission and acceptance of the Performance Bank Guarantee towards Performance Security / Contract Security as prescribed above, the Earnest Money Deposit / Bid Security submitted along with the bid shall be released / returned to the bidder.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

Signing of the Contract / agreement shall be executed only after the receipt of acceptable Performance Bank Guarantee of prescribed amount and validity period.

All compensations or the other sums of money payable by the Contractor under the term of this Contract may be deducted from, or paid by the sale of sufficient part of his security deposit or from any sums which may be due or may become due to the Contractor by the Corporation on any account whatsoever and in the event of his Security Deposit being reduced by reason of any such deductions or sale as aforesaid, the Contractor shall within 10 days make good in form of bank draft / pay order or Bank Guarantee Bond in favour of the Corporation tendered by Nationalized/ Scheduled Banks (in case of guarantee offered by Nationalised / Scheduled Banks, the amount shall be within the financial limits prescribed by the Reserve Bank of India), endorsed in favour of the Finance and Accounts Officer, ONGC Ltd., karaikal, any sum or sums which may have been deducted from, or raised by sale of his security deposit or any part thereof.

Extension of validity of Performance Bank Guarantee

i) The Performance Guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case the time for completion of work gets enlarged, the Contractor shall get the validity of Performance Guarantee extended to cover such enlarged time for completion of work. After recording of the completion certificate for the work by the competent authority, the performance guarantee shall be returned to the Contractor without any interest subject to submission of Bank guarantee towards defect liability.

ii) The Engineer-in-Charge shall not make a claim under the performance guarantee except for amounts to which the ONGC is entitled under the Contract (not withstanding and/or without prejudice to any other provisions in the Contract agreement) in the event of: (a) Failure by the Contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer-in-Charge may claim the full amount of the Performance Guarantee.

(b) Failure by the Contractor to pay ONGC any amount due, either as agreed by the Contractor or determined under any of the Clauses / Conditions of the agreement, within 15 days of the service of notice to this effect by Engineer-in- Charge.

iii) In the event Contractor fails to honour any of the commitments entered into under this agreement or in the event of termination of the Contract under provisions of Integrity Pact and /or in respect of any amount due from the Contractor to the Corporation, the Corporation shall have unconditional option under the guarantee to invoke the above bank guarantee and

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

claim the amount from the bank. The bank shall be obliged to pay the amount to the Corporation on demand.

No interest shall be payable by ONGC for the EMD / Performance Guarantee /Security deposit submitted or any for recovery from bills. Compensation for Clause 2 delay If the Contractor fails to maintain the required progress in terms of clause 5 Clauses of contract or to complete the work and clear the site on or before the Contract or extended date of completion, he shall, without prejudice to any other right or remedy available under the law to the Corporation on account of such breach, pay as agreed compensation the amount calculated at the rate of ½ (half) percent on the total amount of Contract value of the work for every week or part thereof, that the progress remains below that specified in Clause 5 of Clauses of contract , or that the work remains incomplete. In case of Annual Rate Contracts for a period of more than one year, the liquidated damages will be levied on one year's Contract period value.

In case where company (ONGC) takes over certain facilities for the envisaged objectives, which can be commissioned and can function independently irrespective of the availability of balance work of the project, ONGC may issue part completion certificate by taking over such facilities without imposing LD, if the work has been completed within stipulated time of the Contract. In such circumstances, the compensation for delay shall be determined on the value of the remaining part of the work. Provided always that the total amount of compensation for delay to be paid under this Condition shall not exceed 10% of the Contract value. It may further be noted that clause above provides for recovery of liquidated damages (and not by way of penalty) on the Contract price of delayed completion (whole unit). Liquidated damages for delay in Contract thus accrued will be recovered / withheld by ONGC, from the running bills / final bill or any other bills of the Contractor. The Company may without prejudice to its right to effect recovery by any other method, deduct the amount of liquidated damages from any money belonging to the Contract in its hands (which includes the company's right to claim such amount against Contractor's Bank Guarantee) or which may become due to the Contractor. Any such recovery of liquidated damages shall not in any way relieve the Contractor from any of its obligations to complete the works or from any other obligations and liabilities under the Contract The amount of compensation may be adjusted or set-off against any sum payable to the Contractor under this or any other Contract with the Corporation. Incentive for early Clause 2 A – Deleted completion

When contract can be Clause 3 determined

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

Subject to other provisions contained in this clause the Engineer-In- Charge may, without prejudice to his any other rights or remedy against the Contractor in respect of any delay, inferior workmanship, any claims for damages and / or any other provisions of this Contract or otherwise and whether the date of completion has or has not elapsed, by notice in writing absolutely determine the Contract in any of the following cases; i) If the Contractor having been given by the Engineer-In-Charge a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in an inefficient or otherwise improper or unworkmanlike manner shall omit to comply with the requirement of such notice for a period of seven days thereafter.

ii) If the Contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court or the creditor to appoint a receiver or a manager or which entitle the court to make a winding up order.

iii) If the Contractor has, without reasonable cause, suspended the progress of the work or has failed to proceed with the work with due diligence so that in the opinion of the Engineer-In-Charge (which shall be final and binding) he will be unable to secure completion of the work by the date for completion and continues to do so after a notice in writing of seven days from the Engineer-In-Charge.

iv) If the Contractor fails to complete the work within the stipulated date or items of work with individual date of completion, if any, stipulated, on or before such date(s) of completion and does not complete them within the period specified in a notice given in writing in that regard by the Engineer-In-Charge.

v) If the Contractor persistently neglects to carry out his obligations under the Contract and / or commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within seven days after a notice in writing is given to him in that regard by the Engineer-In-Charge.

vi) If the contractor assigns, transfers, sublets (engagement of labour on a piece-work basis or of labour with materials not to be incorporated in the work, shall not be deemed to be subletting) or otherwise parts with or attempts to assign, transfer, sublet or otherwise parts with the entire works or any portion thereof without the prior written approval of the Engineer -in-Charge.

When the Contractor has made himself liable for action under any of the cases aforesaid, the Engineer-In-Charge shall have powers:

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

a) To determine or rescind the Contract as aforesaid (of which termination or rescission notice in writing to the Contractor under the hand of the Engineer-In-Charge shall be conclusive evidence). Upon such determination or rescission the full security deposit recoverable under the Contract shall be liable to be forfeited and shall be absolutely at the disposal of the Corporation. If any portion of the Security Deposit has not been paid or received it would be called for and forfeited.

b) After giving notice to the Contractor to measure up the work of the Contractor and to take such whole, or the balance or part thereof as shall be un-executed out of his hands and to give it to another Contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original Contractor if the whole work had been executed by him (of the amount of which excess the certificate in writing of the Engineer-In- Charge shall be final and conclusive) shall be borne and paid by the original Contractor and may be deducted from any money due to him by the Corporation under his Contract or any other account whatsoever or from his security deposit or the proceeds of sales thereof or a sufficient part thereof as the case may be. If the expenses incurred by the Corporation are less than the amount payable to the Contractor at his agreement rates, the difference shall not be paid to the Contractor.

c) In the event of anyone or more of the above courses being adopted by the Engineer-In-Charge the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract. And in case action is taken under any of the provision aforesaid the Contractor shall not be entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Engineer-In-Charge has certified in writing the performance of such work and the value so certified. Clause 3A

In case, the work cannot be started due to reasons not within the control of the contractor within one year from the date of NOA or within the period of completion mentioned therein whichever occurs later, either party may close the contract. In such eventuality, the Earnest Money Deposit and the Performance Guarantee of the contractor shall be refunded, but no payment on account of interest, loss of profit or damages etc. shall be payable at all. Contractor liable to Clause 4 pay compensation even if action not In any case in which any of the powers conferred upon the Engineer- taken under clause 3 In-Charge as per preceding clause hereof, shall have become exercisable and the same shall not be exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions here of and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected. In the event of the Engineer-In-Charge putting in force all or any of the powers vested in him under the preceding clause he may, if he so desires after giving 85

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a notice in writing to the Contractor, take possession of (or at the sole discretion of the Engineer-In-Charge which shall be final and binding on the Contractor) use as on hire (the amount of the hire money being also in the final determination of the Engineer-In-Charge) all or any tools, plant, materials and stores, in or upon the works, or the site thereof belonging to the Contractor, or procured by the Contractor and intended to be used for the execution of the work / or any part thereof, paying or allowing for the same in account at the Contract rate or, in the case of these not being applicable, at current market rates to be certified by the Engineer-In-Charge whose certificate thereof shall be final, and binding on the Contractor otherwise the Engineer-In-Charge by notice in writing may order the tools, plant, material or stores from the premises (within a time to be specified in such notice) in the event of the Contractor failing to comply with any such requisition, the Engineer-In-Charge may remove them at the Contractor’s expenses or sell them by auction or private sale on account of the Contractor and his risk in all respects and the certificate of the Engineer-In-Charge as to the expenses of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the Contractor. Time extension for Clause 5 delay The entire work is to be completed in all respects within time limit stipulated in Notice Inviting Tender (NIT). The time allowed for execution of the Works, as specified above, or, the extended time in accordance with these conditions, shall be the essence of the Contract. The execution of the works shall commence from the 7th Day from the date of issue of NOA / LOI or the date of handing over of the site, whichever is later. If the Contractor commits default in commencing the execution of the work as aforesaid, Corporation shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the earnest money & performance guarantee absolutely. As soon as possible after the Contract is concluded, the Contractor shall submit a Time and Progress Chart for each mile stone and get it approved by the Department. The Chart shall be prepared in direct relation to the time stated in the Contract documents for completion of items of the works. It shall indicate the forecast of the dates of commencement and completion of various trades of sections of the work and may be amended as necessary by agreement between the Engineer-in-Charge and the Contractor within the limitations of time imposed in the Contract documents, and further to ensure good progress during the execution of the work, the Contractor shall in all cases in which the time allowed for any work, exceeds one month (save for special jobs for which a separate programme has been agreed upon) complete the work as per mile stones given.

The work shall throughout the stipulated period of the Contract be proceeded with all due diligence and the Contractors shall pay as compensation an amount equal to ½ % per week or part there of as the Engineer-In-Charge (whose decision in writing shall be final) may decide on the amount of the Contract value of the whole work as shown in the agreement, for every week that the work remains un- commenced, or unfinished, after the proper dates.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

Provided always that the entire amount of compensation to be paid under the provisions of this Clause shall not exceed ten percent (10%) of the total Contract value.

If the works be delayed by :- i) Force majeure, or ii) Abnormally bad weather, or iii) Serious loss or damage by fire, or iv) Civil commotion, local commotion of workmen, strike or lockout, affecting any of the trades employed on the work or v) Delay on the part of other Contractors or tradesman engaged by the Engineer in executing work not forming part of the Contract, or vi) Non-availability of stores, which are the responsibility of Corporation to supply or vii) Non-availability or break down of tools and Plant to be supplied or supplied by the Corporation or viii) Any other cause, which, in the absolute discretion of the Engineer-In-Charge, is beyond the Contractor’s control.

then upon the happening of any such event causing delay, the Contractor shall immediately give notice thereof in writing to the Engineer-In-Charge but shall nevertheless use constantly his best endeavours to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineer-In-Charge to proceed with the works.

Request for extension of time, to be eligible for consideration, shall be made by the Contractor in writing within fourteen days of the happening of the event causing delay. The Contractor may also, if practicable, indicate in such a request the period for which extension is desired.

In any such case the Engineer-In-Charge may give a fair and reasonable extension of time for completion of work. Such extension shall be communicated to the Contractor by the Engineer-In-Charge in writing within seven working days from the date of receipt of such request. Non application by the Contractor for extension of time shall not be a bar for giving a fair and reasonable extension by the Engineer- In-Charge and this shall be binding on the Contractor.

Measurements of work Clause 6 done and payment of bills ONGC shall pay to the Contractor in consideration of satisfactory completion of all the works covered by the scope of work under the 87

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detail break-up of prices given in the schedule of prices in the Contract. Payment shall be made in the currency or currencies given in the schedule of prices for the work executed as per the procedure. Adjustment to Contract price, if any, shall be made in accordance with provision of Contract.

Pending completion of whole works, provisional progressive payments for the satisfactory execution of the part of the works executed by the Contractor shall be made on the basis of all supporting documents and certified by the Engineer-In-Charge. Such certification of the works shall be made by the Engineer-In-Charge / Project Manager within 12 calendar days of receipt of Contractor`s application for certification with all required supporting documents.

The Contractor shall submit four copies of the invoice once in each month with all required supporting documents, measurements and details of the work done to the Engineer-In-Charge for certification and payment thereof. Contractor shall submit separately a monthly invoice for extra works approved by ONGC.

Except where any general or detailed description of the work expressly shows to the contrary, measurements shall be in accordance with the procedure set forth in the specifications notwithstanding any provision in the relevant Standard Method of Measurement or any general or local custom. In the case of items which are not covered by specifications, measurements shall be in accordance with the relevant standard method of measurement issued by the Bureau of Indian Standards and if for any item no such standard is available, then a mutually agreed method shall be followed.

Engineer-in-Charge or his authorized representative may cause either themselves or through another officer of the department to check the measurements recorded jointly or otherwise as aforesaid and all provisions stipulated herein above shall be applicable to such checking of measurements or levels.

All such measurements and levels recorded by the Contractor or his authorized representative from time to time, during the progress of the work, shall be got checked by the Engineer-in-Charge or his authorized representative as per interval or program fixed in consultation with Engineer-in-Charge or his authorized representative.

After the necessary corrections made by the Engineer-in-Charge, the measurement sheets shall be returned to the Contractor for incorporating the corrections and for resubmission to the Engineer-in- Charge. The Contractor shall also submit to the department separately Abstract of Cost and the bill based on these measurements.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

The Contractor shall, without extra charge, provide all assistance with every appliance, labour and other things necessary for checking of measurements / levels by the Engineer-in- Charge or his representative

It is also a term of this Contract that certifying of measurements of any item of work and / or its payment in the interim, on account or final bill shall not be considered as conclusive evidence as to the sufficiency of any work or material to which it relates nor shall it relieve the Contractor from liabilities from any over measurement or defects noticed till completion of the defects liability period. Pending completion of the whole Works, provisional progressive payments for the part of the Works executed by the Contractor shall be made on the basis of said work completed and certified by the Project Manager/Project Coordinator as per the milestone payment formula / detailed measurements of items executed taken jointly by the Contractor and the Project Coordinator or their authorized representative. Such certification of the Work completed shall be made by the Project Coordinator within 12 Calendar days of receipt of Contractor's Application for Certification with all required supporting documents. No payments shall become due and payable to the Contractor until Contract is signed by the two parties and Contractor furnishes to the ONGC Performance Guarantee.

Full rates, as per agreement / supply order / NOA shall be allowed only if the quality of work done or supplies made conforms to the specification of that standard and under the agreement it is permissible to make a final payment. If the Contract is determined, or an on account payment, if the Contract is to run, on a part rate considered reasonable should be allowed with due regard to the work remaining to be done and general terms of the agreement, after getting the part rate statement approved from Project Manager / Engineer-in-charge.

The ONGC shall arrange approval of the invoice (undisputed amount) and payments within 21 Calendar days of receipt thereof after certification by the Project Coordinator / Site-In-Charge in the event of the ONGC objecting to any portion of Work covered by the said invoice, such objection shall be communicated to the Contractor within 10 (ten) working days from the date of receipt of certified invoice by the 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. Payment for amount objected to by ONGC as referred in the para, shall be made in accordance with provision when the objection has been removed / settled and the Contractor submits fresh invoice for the same.

No invoice for extra work will be submitted by the Contractor unless the said extra work has been authorized / approved by ONGC in writing. Payment against all these Extra Works shall be made by ONGC after approval as per Standard payments terms & conditions.

After due vetting of the documents for change in duties / Taxes under change in law by ONGC, Invoice on account of change in duties / taxes 89

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under change in law, shall be submitted by the Contractor after payment of all duties / taxes along with necessary supporting documents in a single invoice.

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 may 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.

No invoice of the Contractor shall be considered for payment unless the invoice is supported by necessary documents including measurements.

Payment of any invoice shall not prejudice the right of the Corporation to question the allowability under this Agreement of any amounts claimed therein, provided ONGC, within one year beyond the expiry of each Contract year, delivers to Contractor, written notice identifying any item or items which it questions and specifying the reasons there for. Should ONGC so notify Contractor, such adjustment shall be made as the parties shall agree. These provisions shall be reciprocal for similar rights to the Contractor.

The Contractor shall provide on demand a complete and correct set of records pertaining to all costs for which it claims reimbursement from ONGC and as to any payment provided for hereunder, which is to be made on the basis of Contractor’s costs.

Within 21 Calendar days of the receipt of the invoice, the undisputed amount of each invoice so approved / certified will be released for payment and remittance to the Contractor. Computerised Clause 6A - Deleted measurement book

Payment on Clause 7 intermediate certificate to be For works estimated cost of over Rs. One Lakh the interim or running regarded as advances account bills shall be submitted by the Contractor for the work executed on the basis of supported documents / measurements in Quadruplicate on or before the date of every month fixed for the same by the Engineer-In-Charge. The Contractor shall not be entitled to be paid any such interim payment if the gross work done together with net payment / adjustment of advance for material collected, if any, since the last such payment is less than the amount specified above in which case the interim bill shall be prepared on the appointed date of the month after the requisite progress is achieved. Engineer-In-Charge shall arrange to have the bill verified by taking or causing to be taken, where necessary, the requisite measurements of the work.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

Payment on account of amount admissible for undisputed work shall be made by the Engineer-In-Charge certifying the sum to which the Contractor is considered entitled by way of interim payment at such rates as decided by the Engineer-In-Charge.

All such interim payments shall be regarded as payment by way of

advances against final payment only and shall not preclude the

requiring of bad, unsound and imperfect or unskilled work to be

rejected, removed, taken away and reconstructed or re-erected. Any

certificate given by the Engineer-In-Charge relating to the work done

or materials delivered forming part of such payment, may be modified

or corrected by any subsequent such certificate(s) or by the final

certificate and shall not by itself be conclusive evidence that any work

or materials to which it relates is / are in accordance with the Contract

and specifications. Any such interim payment, or any part thereof shall

not in any respect conclude, determine or affect in any way powers of

the Engineer-In-Charge under the Contract or any of such payments

be treated as final settlement and adjustment of accounts or in any

way vary or affect the Contract.

Pending consideration of extension of date of completion interim payments shall continue to be made as herein provided. Without prejudice to the right of the Corporation to take action under the terms of this Contract for delay in the completion of work, if the extension of date of completion is not granted by the competent authority.

In case of composite tenders, running payment for the major Payments in composite component shall be made by Engineer-in-charge of major discipline, on contracts the recommendation of Engineer-in-Charge of the discipline of minor component directly to the main Contractor. In case main Contractor fails to make the payment to the corporation approved-Contractor / subContractor associated by him within 15 days of receipt of each running account payment, then on the written complaint of Contractor / subContractor associated for such minor component, Engineer-in-Charge of major component shall serve the show cause to the main Contractor and if reply of main Contractor is either not received or found unsatisfactory, he may make the payment directly to the Contractor associated for minor component as per the terms and conditions of the agreement drawn between main Contractor and associate approved Contractor / subContractor. Such payment made to the associate approved Contractor / sub Contractor shall be recovered by Engineer-in-charge of major component from the next running account / final bill due to main Contractor as the case may be. Completion certificate Clause 8 and completion plans Within ten days of the completion of the work, the contractor shall give notice of such completion to the Engineer-in-Charge and within thirty days of the receipt of such notice, the Engineer-in-Charge shall inspect the work and if there is no defect in the work, shall furnish the contractor with a final certificate of completion, otherwise a provisional certificate of physical completion indicating defects (a) to be rectified by the contractor and/or (b) for which payment will be made at reduced rates, shall be issued. But no final certificate of completion shall be issued, nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work 91

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shall be executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangements required for his/their work people on the site in connection with the execution of the works as shall have been erected or constructed by the contractor(s) and cleaned off the dirt from all wood work, doors, windows, walls, floor or other parts of the building, in, upon, or about which the work is to be executed or of which he may have had possession for the purpose of the execution; thereof, and not until the work shall have been measured by the Engineer-in-Charge. If the contractor shall fail to comply with the requirements of this Clause as to removal of scaffolding, surplus materials and rubbish and all huts and sanitary arrangements as aforesaid and cleaning off dirt on or before the date fixed for the completion of work, the Engineer-in-Charge may at the expense of the contractor remove such scaffolding, surplus materials and rubbish etc., and dispose of the same as he thinks fit and clean off such dirt as aforesaid, and the contractor shall have no claim in respect of scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

Contractor to Keep Clause 8A Site Clean When the annual repairs and maintenance of works are carried out, the splashes and droppings from white washing, colour washing, painting etc., on walls, floor, windows, etc shall be removed and the surface cleaned simultaneously with the completion of these items of work in the individual rooms, quarters or premises etc. where the work is done: without waiting for the actual completion of all the other items of work in the contract. In case the contractor fails to comply with the requirements of this clause, the Engineer-in-Charge shall have the right to get this work done at the cost of the contractor either departmentally or through any other agency. Before taking such action, the Engineer-in-Charge shall give ten days notice in writing to the contractor. Completion Clause 8B Plans to be Submitted The contractor shall submit completion plan as required vide General by the Contractor Specifications for Electrical works (Part-I internal) 2005 and (Part-ll External) 1994 as applicable within thirty days of the completion of the work. In case, the contractor fails to submit the completion plan as aforesaid, he shall be liable to pay a sum equivalent to 2.5% of the value of the work subject to a ceiling of Rs.15,000 (Rs. Fifteen thousand only) as may be fixed by the Engineer-in-charge concerned and in this respect the decision of the Engineer-in-charge shall be final and binding on the contractor. Payment of Final Bill Clause 9

The final bill shall be submitted by the Contractor in the same manner as specified in interim bills within three months of physical completion of the work or within one month of the date of the final certificate of completion issued by the Engineer-In-Charge whichever is earlier. No further claims shall be made by the Contractor after submission of the final bill and these shall be deemed to have been waived and extinguished. Payments of those items of the bill in respect of which there is no dispute in quantities and rates as approved by the Engineer- In-Charge, will, as far as possible be made within a period of 21 92

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calendar days reckoned from the date of the receipt of the bill by the Engineer-In-Charge or his authorized representative, complete with dismantled material, if any. Payment of Clause 9A

Contractor’s Bills to The Contractor shall agree to receive all payments under this Contract Banks through Electronic Clearing system (ECS) to their Bank account. The following details shall be provided by the Contractor at the time of submission of the first invoice. 1. Name & Complete Address of the Supplier / Contractor as per Bank records. 2. Name & Complete Address of the Bank with Branch details. 3. Type of Bank account (Current / Savings/Cash Credit). 4. Bank Account Number (indicate ‘Core Bank Account Number’, if any). 5. IFSC Code / NEFT (11 digit code) / MICR code, as applicable, alongwith a cancelled cheque leaf. 6. Permanent Account Number (PAN) under Income Tax Act; 7. GST Registration Number (for supply of Goods and supply of Services), as applicable. 8. e-mail address of the vendor / authorized official (for receiving the updates on status of payments).” 9. Deleted For receiving payment through NEFT / RTGS, the bank/branch in which the bidder is having account and intends to have the payment should be either an NEFT enabled bank or SBI branch with core banking facility.

The Corporation shall be deemed to have arranged payment to the Contractor on the date of Corporation’s instructions to Corporation’s bankers to effect payment under ECS to the Contractor’s account. Payment shall be made by account payee cheque wherever such facility is not there. Upon Corporation’s instruction to Corporation’s bankers, the Corporation shall also inform in writing to the Contractor the details of remittance i.e. amount and date of payment. In the event of Corporation noticing at any time that any amount has been disbursed wrongly to the Contractor or any other amount is due from the Contractor to the Corporation , the Corporation may 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. The details of such recovery if any will be intimated to the Contractor. The Contractor shall receive the payment of undisputed amount under subsequent invoice for any amount that has been omitted in previous invoice by mistake on the part of the Corporation or the Contractor. Materials Clause 10 - Deleted supplied by Corporation Materials to be CLAUSE 10A 93

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT provided by the Contractor The Contractor shall, at his own expense, provide all materials, required for the works other than those which are stipulated to be supplied by the Corporation. The Contractor shall, at his own expense and without delay; supply to the Engineer-In-Charge samples of materials to be used in the work and shall get these approved in advance. All such materials to be provided by the Contractor shall be in conformity with the specifications laid down or referred to in the Contract and as per the approved list of material, makes / brands of various materials Annexed to the tender document. The Contractor shall, if requested by the Engineer-In-Charge furnish proof of genuineness of the material as per the approved list. The Engineer-In-Charge shall within fifteen days of supply of samples or within such further period as he may require intimate to the Contractor in writing whether samples are approved by him or not. If samples are not approved, the Contractor shall forthwith arrange to supply to the Engineer-In-Charge for his approval fresh samples complying with the specifications laid down in the Contract. When materials are required to be tested in accordance with specifications, approval of the Engineer-In-Charge shall be issued after the test results are received. The Contractor shall at his risk and cost submit the samples of materials to be tested or analysed and shall not make use of or incorporate in the work any materials represented by the samples until the required tests or analysis have been made and materials finally accepted by the Engineer-In-Charge. The Contractor shall not be eligible for any claim or compensation either arising out of any delay in the work or due to any corrective measures required to be taken on account of and as a result of testing of materials.

The Contractor shall, at his risk and cost, make all arrangements and shall provide all facilities as the Engineer may require for collecting, and preparing the required number of samples for such tests at such time and to such place or places as may be directed by the Engineer- In-Charge and bear all charges and cost of testing unless specifically provided for otherwise elsewhere in the Contract or specifications. The Engineer-In-Charge or his authorized representative shall at all times have access to the works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the works and the Contractor shall afford every facility and every assistance in obtaining the right to such access.

The Engineer-In-Charge shall have full powers to remove from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default, the Engineer-In-Charge shall be at liberty to employ at the expense of the Contractor, other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials. The Engineer-In-Charge shall also have full powers to replace other proper materials to be substituted thereof and in case of default the Engineer- In-Charge may cause the same to be supplied and all costs of such removal and substitution shall be borne by the Contractor.

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- ANNEXURE – II A 609604 (Py) CLAUSES OF CONTRACT

Secured CLAUSE 10B Advance on Non-perishable Secured Advances normally on non-perishable materials brought to Material site may be made to the Contractors for items which are to be used on work at site on execution of an indemnity bond as per the prescribed pro forma attached at Annexure - E of tender document.

The Engineer-in-charge can release the secured advance up to an

amount not exceeding 75% of the value of the materials as assessed by

the site-in-charge of ONGC or an amount not exceeding 75% of the

material element cost in the tendered rate of the finished item of work

whichever is lower.

A formal undertaking should be submitted by the Contractor under which ONGC secures a lien on the materials and its safeguarded against any damages or losses due to the Contractor postponing the execution of the work or to the shortage or misuse of the materials, and against the expense entailed for their proper watch and safe custody. Payment of such advances should be made only on a certificate from the Contractor and approved by Engineer-In-Charge that

i. The quantities of materials upto which the advances are made have actually been brought to site.

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

iii. The quality of materials is as per desired specifications mentioned in the bid document.

Recoveries of advances shall be made from the Contractor’s bills for work done against the materials used and as decided by ONGC Engineer.

Such secured advance shall also be payable on other items of perishable nature, fragile and combustible with the approval of the Engineer-in-Charge provided the Contractor provides a comprehensive insurance cover for the full cost of such materials. The decision of the Engineer- in-Charge shall be final and binding on the Contractor in this matter. No secured advance, shall however, be paid on high-risk materials such as ordinary glass, sand, petrol, diesel etc. (Insurance period shall be based on likely time gap in arrival and successful usage of material which should not be less than three months). The Engineer- in-charge shall identify whether an item is perishable or not.

Note: Headings and Marginal notes to the above General Conditions of Contract shall not be deemed to form part thereof or be taken into consideration in the interpretation or construction thereof or of the contract.

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Payment on Account of Clause 10C Increase in Prices /Wages due to Not applicable for this contract. The contractor is to quote the firm price Statutory Order(s) valid for the contract period.

Payment due to Clause 10CA variation in prices of materials after receipt Not applicable for this contract. The contractor is to quote the firm price of tender valid for the contract period.

Payment due to CLAUSE 10 CC increase/ decrease in Prices/ Wages Not applicable for this contract. The contractor is to quote the firm price (excluding materials valid for the contract period. covered under clause 10 (CA) after Receipt of Tender for Works Dismantled Clause 10D Material corporation Property The contractor shall treat all materials obtained during dismantling of a structure, excavation of the site for a work, etc. as Corporation’s property and such materials shall be disposed off to the best advantage of Corporation according to the instructions in writing issued by the Engineer-in-Charge. Work to be Executed in Clause 11 Accordance with Specifications, The Contractor shall execute the whole and every part of the work in Drawings, Orders etc. the most substantial and workmanlike manner both as regards materials and otherwise in every respect in strict accordance with the specifications. The Contractor shall also conform exactly, fully and faithfully to the instructions in writing in respect of the work signed by the Engineer. The Contractor shall be furnished free of charge one copy of the Contract documents together with specifications / design / drawings / instructions as are not included in CPWD specifications or any Bureau of Indian Standard or any other, published standard or code or, Schedule of Rates or any other printed publication referred to elsewhere in the Contract.

The Contractor shall comply with the provisions of the Contract and with the care and diligence execute and maintain the works and provide all labour and materials, tools and plants including for measurements and supervision of all works, structural plans and other things of temporary or permanent nature required for such execution and maintenance in so far as the necessity for providing these, is specified or is reasonably inferred from the Contract. The Contractor shall take full responsibility for adequacy, suitability and safety of all the works and methods of construction. Deviations/Variations Clause 12 – Extent and Pricing The Engineer-In-Charge shall have power

(i) to make alteration in, omission from, additions to, or substitution for the original specifications, and instructions that may

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appear to him to be necessary or advisable during the progress of the work, and

(ii) to omit / suspend a part of the work in case of non- availability of a portion of the site or for any other reasons. The Contractor shall be bound to carry out the works in accordance with any instructions, additions or substitutions shall form part of the Contract as if originally provided therein and any altered, additional or substituted work which the Contractor may be directed to do in the manner specified above as part of the works, shall be carried out by the Contractor on the same conditions in all respects including price in which he agreed to do the main work except as hereafter provided.

12.1 The time for completion of the works shall be extended, in the event of any deviations resulting in additional cost over the tendered value, if requested by the Contractor, as follows;

i) In the proportion which the additional cost of the altered, additional or substituted work, bears to the original tendered value plus,

ii) 25% of the time calculated in (i) above or such further additional time as may be considered reasonable by the Engineer-In-Charge. The rates payable for the variations in quantities upto 25% in respect Deviation, Deviated of individual items stipulated in the Contract shall be as per the quantities, pricing Contract rates.

The rates payable for the variations in quantities in excess of 25% in respect of individual items stipulated in the Contract shall be worked out at market rates prevailing at the time of commencement of execution of these items.

In the case of Contract items, which exceed the limits laid above, the

Contractor may within fifteen days of receipt of order or occurrence of

the excess, claim revision of the rates, supported by proper analysis for

the work in excess of the above mentioned limits, provided that if the

rates so claimed are in excess of the rates specified in the schedule of

quantities, the Engineer-in-Charge shall within fifteen days of receipt

of the claims supported by analysis, after giving consideration to the

analysis of the rates submitted by the Contractor, determine the rates

on the basis of the market rates and the Contractor shall be paid in

accordance with the rates so determined.

The provisions of the preceding paragraph shall also apply to the decrease in the rates of items for the work in excess of the limits laid above, and the Engineer in-Charge shall after giving notice to the Contractor within fifteen days of occurrence of the excess and after taking into consideration any reply received from him within fifteen days of the receipt of the notice, revise the rates for the work in question within fifteen days of the expiry of the said period of fifteen days having regard to the market rates.

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Deviation, Extra items 12.2 In the case of extra item(s) (items that are completely new, and and pricing are in addition to the items contained in the Contract), the Contractor may within fifteen days of receipt of order or occurrence of the item(s) claim rates, supported by proper analysis, for the work and the engineer-in-charge shall within fifteen days of the receipt of the claims supported by analysis, after giving consideration to the analysis of the rates submitted by the Contractor, determine the rates on the basis of the market rates and the Contractor shall be paid in accordance with the rates so determined.

In the case of substituted items (items that are taken up with partial substitution or in lieu of items of work in the Contract), the rate for the agreement item (to be substituted) and substituted item shall also be determined in the manner as mentioned in the following para.

(a) If the market rate for the substituted item so determined is more than the market rate of the agreement item (to be substituted), the rate payable to the Contractor for the substituted item shall be the rate for the agreement item (to be substituted) so increased to the extent of the difference between the market rates of substituted item and the agreement item (to be substituted).

(b) If the market rate for the substituted item so determined is less than the market rate of the agreement item (to be substituted), the rate payable to the Contractor for the substituted item shall be the rate for the agreement item (to be substituted) so decreased to the extent of the difference between the market rates of substituted item and the agreement item (to be substituted).

The Contractor shall send to the Engineer-In-Charge once every month an up to date account giving complete details of all claims for additional payments to which the Contractor may consider himself entitled and of all additional work ordered by the Engineer-In-Charge which he has executed during the preceding quarter failing which the Contractor shall be deemed to have waived his right. However, the Engineer-In- Charge may authorize consideration of such claims on merits.

Under no circumstances, the Contractor shall suspend or slow down construction, on the plea of non-settlement of the rates of items covered under this clause.

The quantities of all items mentioned in this Contract are only indicative and variation / deviation in the quantities as per the requirement of the approved drawings and site conditions shall have to be carried out by the Contractor at the rates as described in clauses above.

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Foreclosure of Clause 1 contract due to If at any time after acceptance of the tender Corporation shall decide abandonment or to abandon / reduce the scope of the works for any reason whatsoever reduction in scope of and hence not require the whole or any part of the work to be carried work out, the Engineer shall give notice in writing to that effect to the Contractor and the Contractor shall act accordingly in the matter. The Contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the works in full but which he did not derive in consequence of the foreclosure of the whole or part of the works.

The Contractor shall be paid at Contract rates full amount for works executed at site and in addition, a reasonable amount as certified by the Engineer for the items hereunder mentioned which could not be utilized on the work to the full extent in view of the foreclosure:

(i) Any expenditure incurred on preliminary site work, e.g. temporary access roads, staff quarters and site office, storage accommodation and water storage tanks.

(ii) Corporation shall have the option to take over Contractor’s materials or any part thereof either brought to site or of which the Contractor is legally bound to accept delivery from suppliers (for incorporation in or incidental to the work) provided however, corporation shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain. For materials taken over or to be taken over by Corporation cost of such materials as detailed by Engineer shall be paid. The cost shall, however, take into account purchase price, cost of transportation and less allowance for any deterioration or damage which may have been caused to materials whilst in the custody of the Contractor.

(iii) If any materials supplied by Corporation are rendered surplus, the same except normal wastage shall be returned by the Contractor to Corporation rates not exceeding those at which these were originally issued less allowance for any deterioration or damage which may have been caused whilst the materials were in the custody of the Contractor. In addition, cost of transporting such materials from site to Corporation stores, if so required by Corporation, shall be paid.

(iv) Reasonable compensation for transfer of Tools & Plants from site to Contractor’s permanent stores or to his other works, whichever is less. If Tools & Plants are not transported to either of the said places, no cost of transportation shall be payable.

(v) Reasonable compensation for repatriation of Contractor’s site staff and labour to the extent necessary.

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The Contractor shall, if required by the Engineer-In-Charge furnish to him books of account wage books, time sheets and other relevant documents and evidence as may be necessary to enable him to certify the reasonable amount payable under this condition.

The reasonable amount of items on (i), (iv) & (v) above shall not be in excess of 2% of the cost of the work remaining incomplete on the date of closure, i.e. total stipulated cost of the work as per accepted tender less the cost of work actually executed under the Contract and less the cost of Contractor’s materials at site taken over by the Corporation as per item (ii) above. Provided always that against any payments due to the Contractor on this account or otherwise, the Engineer-In-Charge shall be entitled to recover or be credited with any outstanding balances due from the Contractor for advance paid in respect of any tool, plants and materials and any other sums which at the date of termination were recoverable by the Corporation from the Contractor under the terms of the Contract. Cancellation of Clause 14 Contract in full or part If Contractor: and carrying out work (full or part) at risk (i) at any time makes default in proceeding with the works and cost of contractor or any part of the work with the due diligence and continues to do so after a notice in writing of seven days from the Engineer-In-Charge; or

(ii) commits default to complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within seven days after notice in writing is given to him in that behalf by the Engineer-In-Charge; or

(iii) fails to complete the works or items of work with individual dates of completion, and / or before the date(s) so determined, and does not complete them within the period specified in a notice given in writing in that behalf by the Engineer-In-Charge; or (iv) shall offer or give or agree to give to any person in Corporation service or to any other person on his behalf any gift or consideration of any kind as an inducement of reward for doing or forbearing to do or for having done or forborne to do any action relating to the obtaining or execution of this or any other Contract for Corporation or

(v) shall enter into a Contract with Corporation in connection with which commission has been paid or agreed to be paid by him or to his knowledge, unless the particular of any such commission and the terms of payment thereof have been previously disclosed in writing to the Accepting Authority / Engineer-In-Charge; or

(vi) shall obtain a Contract from the Corporation result of wrong tendering or other non-bonafide methods of competitive tendering; or

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(vii) being an individual, or if a firm, any partner thereof shall at any time be adjudged insolvent or have a receiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or composite (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or composition or arrangement for the benefit of his creditors or purpose so to do, or if any application be made under any insolvency Act for the time being in force for the sequestration of his estate or if a trust deed be executed by him for benefit of his creditors; or

(viii) being a company, shall pass a resolution or the Court shall make an order for the winding up of the company, or a receiver or manager on behalf of the debenture holders or otherwise shall be appointed or circumstances shall arise which entitles the Court or debenture holders to appoint a receiver or manager; or

(ix) shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days; or

(x) assigns, transfers, sublets (engagement of labour on a piece-work basis or of labour with materials not to be incorporated in the work, shall not be deemed to be subletting) or otherwise parts with or attempts to assign, transfer sublet or otherwise part with the entire works or any portion thereof without the prior written approval of the Engineer-In-Charge;

The Engineer-In-Charge may, without prejudice to any other right or remedy which shall have accrued or shall accrue hereafter to Corporation, by a notice in writing to cancel the Contract as whole or only such items of work in default from the Contract.

The Engineer-In-Charge shall on such cancellation have powers to :

(a) take possession of the site and any / all materials, constructional plant, implements, stores, etc., thereon; and / or

(b) carry out the incomplete work by any means at the risk and cost of the Contractor.

On cancellation of the Contract in full or in part, the Engineer-In- Charge shall determine what amount, if any, is recoverable from the Contractor for completion of the works or part of the works or in case the works or part of the works is not to be completed, the loss or damage suffered by Corporation. In determining the amount, credit shall be given to the Contractor for the value of the work executed by him up to the time of cancellation, the value of Contractor’s materials taken over and incorporated in the work and use of plant and machinery belonging to the Contractor. The certificate of the Engineer- in-Charge as to the value of work done shall be final and conclusive 101

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against the Contractor provided always that action under this clause shall only be taken after giving notice in writing to the Contractor. Provided also that if the expenses incurred by the department are less than the amount payable to the Contractor at his agreement rates, the difference shall not be payable to the Contractor.

Any excess expenditure incurred or to be incurred by Corporation in completing the works or part of the works or the excess loss or damages suffered or may be suffered by Corporation as aforesaid after allowing such credit shall without prejudice to any other right or remedy available to Corporation in law be recovered from any moneys due to the Contractor on any account, and if such moneys are not sufficient the Contractor shall be called upon in writing and shall be liable to pay the same within 30 days.

If the Contractor shall fail to pay the required sum within the aforesaid period of 30 days, the Engineer-In-Charge shall have the right to sell any or all of the Contractor’s unused materials, constructional plant, implements, temporary buildings, etc., and apply that proceeds of sale thereof towards the satisfaction of any sums due from the Contractor under the Contract and if thereafter there by any balance outstanding from the Contractor, it shall be recovered in accordance with the provisions of the Contract.

Any sums in excess of the amounts due to Corporation and unsold materials, constructional plant, etc., shall be returned to the Contractor, provided always that if cost or anticipated cost of completion by Corporation of the works or part of the works is less than the amount which the Contractor would have been paid had he completed the works or part of the works, such benefit shall not accrue to the Contractor.

In the event of above course being adopted by the Engineer-in-Charge, the Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any engagements or made any advance on any account or with a view to the execution of the work or the performance of the Contract. Suspension of work Clause 15 i) The Contractor shall, on receipt of the order in writing of the Engineer-In-Charge, (whose decision shall be final and binding on the Contractor) suspend the progress of the works or any part thereof for such time and in such manner as the Engineer-In-Charge may consider necessary so as not to cause any damage or injury to the work already done or endanger the safety thereof for any of the following reasons: a) on account of any default on the part of the Contractor or; 102

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b) for proper execution of the works or part thereof for reasons other than the default of the Contractor, or; c) for safety of the works or part thereof.

The Contractor shall during such suspension, properly protect and secure the works to the extent necessary and carry out the instructions given in that regard by the Engineer-In-Charge.

ii) If the suspension is ordered for reasons (b) and (c) in sub para (i) above.

a) The Contractor shall be entitled to an extension of time equal to the period of every such suspension plus 25%, for completion of the item or group of items of work for which a separate period of completion is specified in the Contract and of which the suspended work forms a part, and;

b) If the total period of all such suspensions in respect of an item or group of items or work for which a separate period of completion is specified in the Contract exceeds 30 days, the Contractor shall, in addition, be entitled to such compensation as the Engineer- In-Charge may consider reasonable in respect of salaries and / or wages paid by the Contractor to his employees and labour at site, remaining idle during the period of suspension, addition thereto of 2% to cover indirect expenses of the Contractor. Provided the Contractor submits his claim supported by details to the Engineer-In-Charge within fifteen days of the expiry of the period of 30 days.

iii) If the works or part thereof is suspended on the orders of the Engineer-In-Charge for more than three months at a time, except when suspension is ordered for reason (a) in sub-para (i) above, the Contractor may after receipt of such order serve a written notice on the Engineer-In-Charge requiring permission within seven days from receipt by the Engineer-In-Charge of the said notice, to proceed with the work / a part thereof in regard to which progress has been suspended and if such permission is not granted within that time, the Contractor, if he intends to treat the suspension, where if affects whole of the works, as an abandonment of the works by Corporation, shall within ten days of expiry of such period of 15 days give notice in writing of his intention to the Engineer-In-Charge. In the event of the Contractor treating the suspension as an abandonment of the Contract by Corporation, he shall have no claim to payment of any compensation on account of any profit or advantage which he might have derived from the execution of the work in full but which he could not derive in consequence of the abandonment. He shall, however, be entitled to such compensation, as the Engineer-In-Charge may consider reasonable, in respect of salaries and / or wages paid by him to his employees and labour at site, remaining idle in consequence adding to the total thereof 2% to cover indirect expenses of the Contractor provided the Contractor submits his claim supported by details to the Engineer-In-Charge within 30 days of the expiry of the period of 3 months. 103

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Provided, further, that the Contractor shall not be entitled to claim any compensation from Corporation for the loss suffered by him on account of delay by Corporation in the supply of materials, if stipulated so in the tender documents, where such delay is covered by difficulties relating to the supply of wagons, force majeure including non-allotment of such materials by controlling authorities, acts of God, acts of enemies of the state / country or any reasonable cause beyond the control of the Corporation. Action in case work Clause 16 not done as per All works under or in course of execution or executed in pursuance of specifications the Contract shall be at all times be open and accessible to the inspection and supervision of the Engineer-In-Charge, his authorized subordinates in charge of the work and all the superior officers, officer of the Quality Control Organization of the Department and of the Chief Technical Examiner’s Office, and the Contractor shall, at all times, during the usual working hours and at all other times at which reasonable notice of the visit of such officers has been given to the Contractor, either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing, present for that purpose. Orders given to the Contractor’s agent shall be considered to have the same force as if they had been given to the Contractor himself. If it shall appear to the Engineer-In-Charge or his authorized subordinates in-charge of the work or to the Engineer of Quality Control or his subordinate officers or to the Chief Technical Examiner or his subordinate officers, that any work has been executed with unsound, imperfect, or unskilful workmanship, or with materials or articles provided by him for the execution of the work which are unsound or of a quality inferior to that Contracted or otherwise not in accordance with the Contract, the Contractor shall on demand in writing which shall be made within 12 (twelve) months of the completion of the work from the Engineer-In-Charge specifying the work, materials or articles complained of notwithstanding that the same may have been passed, certified and paid for forthwith rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or as the case may be, remove the materials or articles so specified and provide either proper and suitable materials or articles at his own charge and cost. In the event of the failing to do so within a period specified by the Engineer-In-Charge in his demand aforesaid, then the Contractor shall be liable to pay compensation at the same rate as under clause 5 of the Clauses of Contract (for non- completion of the work in time) for this default. In such case the Engineer-In-Charge may not accept the item of work at the rates applicable under the Contract but may accept such items at reduced rates as the competent authority may consider reasonable during the preparation of on account bills or final bill if the item is so acceptable without detriment to the safety and utility of the item and the structure or he may reject the work outright without any payment and/or get it and other connected and incidental items rectified, or removed and re-executed at the risk and cost of the Contractor. Decision of the Engineer-In-Charge to be conveyed in writing in respect of the same will be final and binding on the Contractor.

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Contractor liable for Clause 17 damages, defects If the Contractor or his working people or servants shall break, deface, during maintenance injure or destroy any part of building in which they may be working, or period any building, road, road curb, fence, enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or cultivated ground contiguous to the premises on which the work or any part is being executed, or if any damage shall happen to the work while in progress, from any cause whatever or if any defect, shrinkage or other faults appear in the work, within 365 days after a final certificate of completion, and a notice shall have been given by the Engineer as aforesaid arising out of defect or improper materials or workmanship, the Contractor shall, upon receipt of a notice in writing on that behalf, make the same good at his own expense or in default the Engineer cause the same to be made good by other workmen and deduct the expense from any sums that maybe due or at any time thereafter may become due to the Contractor, or from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof.

Contractor to supply Clause 18 tools and plants etc. The Contractor shall provide at his own cost all materials (except such special materials, if any, as may in accordance with the Contract be supplied from the Engineer’s stores), Plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works required for the proper execution of the work, whether original, altered or substituted and whether included in the specification or other documents forming part of the Contract or referred to in these conditions or not, or which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer-In- Charge as to any matter as to which under these conditions he is entitled to be satisfied, or which he is entitled to require together with carriage thereof to and from the work. The Contractor shall also supply without charge the requisite number of persons with the means and materials, necessary for the purpose of setting out works, and counting, weighing and assisting the measurement for examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer-In-Charge at the expense of the Contractor and the expenses may be deducted, from any money due to the Contractor, under this Contract or otherwise and /or from his security deposit or the proceeds of sale thereof, or of a sufficient portions thereof.

Recovery of Clause 18A - Deleted compensation paid to workman Ensuring payment and Clause 18B - Deleted amenities to workers if contractor fails Labour laws to be Clause 19 complied by the Contractor shall comply with the provision of all laws including Labour Contractor Laws, rules, regulations and notifications issued thereunder from time to time. All safety and labour laws enforced by statutory agencies and by ONGC shall be applicable in the performance of this Contract and 105

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Contractor shall abide by these laws.

Contractor shall take all measures necessary or proper to protect the personnel, work and facilities and shall observe all reasonable safety rules and instructions. No smoking shall be permitted outside the living quarters, and welding jobs will be carried out with full safety precautions. ONGC’s employee also shall comply with safety procedures/policy.

The Contractor shall report as soon as possible any evidence which may indicate or is likely to lead to an abnormal or dangerous situation and shall take all necessary emergency control steps to avoid such abnormal situations.

The Contractor shall obtain a valid licence under the Contract Labour (R&A) Act, 1970, and the Contract Labour (Regulation and Abolition) Central Rules, 1971, before the commencement of the work, and continue to have a valid license until the completion of the work. The Contractor shall also abide by the provisions of the Child Labour (Prohibition and Regulation) Act, 1986.

The Contractor shall also comply with the provisions of the building and other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 and the building and other Construction Workers Welfare Cess Act, 1996.

Any failure to fulfil these requirements shall attract the penal provisions of this Contract arising out of the resultant non-execution of the work

Verification of character and antecedents for Security Pass

Contractor shall submit an undertaking that, that the character and antecedents of the person(s) proposed to be deployed by them is / are impeccable and 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.

The Contractor should issue employment / identity cards to the personals employed / deployed and a copy of the same should also be submitted to the security Department along with the list of entry passes. He shall give the list of persons employed by him with all details such as name, age, address, qualification, experience etc., to the principal employer for information.

The Contractor shall obtain Security Pass for his personnel working for this project through ONGC Security Section. He shall abide by the security regulations for maintaining safety and security of ONGC premises.

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workers with 24 hours’ notice for carrying out the work at the risk and cost of the Contractor. In such an eventuality, the extra expenditure, if any incurred by ONGC shall be recovered from the Contractor Clause 19A

No labour below the age of fourteen years shall be employed on the work. Payments of wages Clause 19b (i) (i) The Contractor shall comply with the provision of the Payment of Wages Act, 1936, Minimum Wages Act, 1948, Workmen’s Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefits Act 1961, and the Contract Labour (Regulation and Abolition) Act 1970, or the modifications thereof or any other laws relating thereto and the rules made there under from time to time.

(ii) (ii) The Contractor shall indemnify and keep indemnified Corporation against payments to be made under and for the observance of the laws aforesaid without prejudice to his rights to claim indemnity from his sub-Contractors.

(iii) The laws aforesaid shall be deemed to be part of this Contract and any breach thereof shall be deemed to be a breach of this Contract.

(iv) Whatever is the minimum wage for the time being, or if the wage payable is higher than such wage, such wage shall be paid by the Contractor to the workmen directly without the intervention of Jamadar and that Jamadar shall not be entitled to deduct or recover any amount from the minimum wages payable to the workmen as and by way of commission or otherwise.

(v) The Contractor shall ensure that no amount by way of commission or otherwise is deducted or recovered by Jamadar from the wages of workmen.

In respect of all labour directly or indirectly employed in the work for the performance of the Contractor’s part of this Contract, the Contractor shall at his own expense arrange for all safety provisions as per Safety code framed from time to time and shall at his own expense provide for all facilities in connection therewith. In case the Contractor fails to make arrangement and provide necessary facilities as aforesaid he shall be liable to pay a penalty of Rs.2,000/- (Rs. Two Thousand only) for each default and in addition the Engineer-In- Charge shall be at liberty to make arrangements and provide facilities as aforesaid and recover the costs incurred in that behalf from the Contractor. CLAUSE 19 D

The contractor shall submit by the 4th and 19th of every month, to the Engineer-in-Charge, a true statement showing in respect of the second half of the preceding month and the first half of the current month respectively:-

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(1) the number of labourers employed by him on the work, (2) their working yours, (3) the wages paid to them, (4) the accidents that occurred during the said fornight showing the circumstances under which they happened and the extent of damage and injury caused by them, and (5) the number of female workers who have been allowed maternity benefit according to Clause 19F and the amount paid to them.

Failing which the contractor shall be liable to pay to Corporation, a sum not exceeding Rs.200/- for each default or materially incorrect statement. The decision of the Divisional Officer shall be final in deducting from any bill due to the contractor, the amount levied as fine and be binding on the contractor. Clause 19 E In respect of all labour directly or indirectly employed in the works for the performance of the Contractor’s part of this Contract, the Contractor shall comply with or cause to be complied with all relevant laws and rules made thereunder by legislature or Govt. from time to time for the protection of health and sanitary arrangements for workers employed by the Contractor. Clause 19 F Leave and pay during leave shall be regulated as follows:- 1. Leave : (i) in the case of delivery - maternity leave not exceeding 8 weeks, 4 weeks up to and including the day of delivery and 4 weeks following that day, (ii) in the case of miscarriage - upto 3 weeks from the date of miscarriage. 2. Pay : (i) in the case of delivery - leave pay during maternity leave will be at the rate of the women’s average daily earnings, calculated on total wages earned on the days when full time work was done during a period of three months immediately preceding the date on which she gives notice that she expects to be confined or at the rate of Rupee one only a day whichever is greater. (ii) in the case of miscarriage - leave pay at the rate of average daily earning calculated on the total wages earned on the days when full time work was done during a period of three months immediately preceding the date of such miscarriage. 3. Conditions for the grant of Maternity Leave: No maternity leave benefit shall be admissible to a woman unless she has been employed for a total period of not less than six months immediately preceding the date on which she proceeds on leave. 4. The contractor shall maintain a register of Maternity (Benefit) in the Prescribed Form as shown in appendix -I and II, and the same shall be kept at the place of work. Clause 19 G In the event of the contractor(s) committing a default or breach of any of the provisions of the Central Public Works Department, Contractor’s Labour Regulations and Model Rules for the protection of health and sanitary arrangements for the workers as amended from time to time or furnishing any information or submitting or filing any statement

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under the provisions of the above Regulations and’ Rules which is materially incorrect, he/they shall, without prejudice to any other liability, pay to the Corporation a sum not exceeding Rs.200/- for every default, breach or furnishing, making, submitting, filing such materially incorrect statements and in the event of the contractor(s) defaulting continuously in this respect, the penalty may be enhanced to Rs.200/- per day for each day of default subject to a maximum of 5 per cent of the estimated cost of the work put to tender. The decision of the Engineer-in-Charge shall be final and binding on the parties.

Should it appear to the Engineer-in-Charge that the contractor(s) is/are not properly observing and complying with the provisions of the C.P.W.D. Contractor’s Labour Regulations and Model Rules and the provisions of the Contract Labour (Regulation and Abolition) Act 1970, and the Contract Labour (R& A) Central Rules 1971, for the protection of health and sanitary arrangements for work-people employed by the contractor(s) (hereinafter referred as “the said Rules”) the Engineer-in- Charge shall have power to give notice in writing to the contractor(s) requiring that the said Rules be complied with and the amenities prescribed therein be provided to the work-people within a reasonable time to be specified in the notice. If the contractor(s) shall fail within the period specified in the notice to comply with and/observe the said Rules and to provide the amenities to the work-people as aforesaid, the Engineer-in-Charge shall have the power to provide the amenities hereinbefore mentioned at the cost of the contractor(s). The contractor(s) shall erect, make and maintain at his/their own expense and to approved standards all necessary huts and sanitary arrangements required for his/their work-people on the site in connection with the execution of the works, and if the same shall not have been erected or constructed, according to approved standards, the Engineer-in-Charge shall have power to give notice in writing to the contractor(s) requiring that the said huts and sanitary arrangements be remodelled and/or reconstructed according to approved standards, and if the contractor(s) shall fail to remodel or reconstruct such huts and sanitary arrangements according to approved standards within the period specified in the notice, the Engineer-in-Charge shall have the power to remodel or reconstruct such huts and sanitary arrangements according to approved standards at the cost of the contractor(s) Clause 19 H - Deleted Clause 19 I

The Engineer-in-Charge may require the Contractor to dismiss or remove from the site of the work any person or persons in the Contractors’ employ upon the work who may be incompetent or misconduct himself and the Contractor shall forthwith comply with such requirements. In respect of maintenance/repair or renovation works etc. where the labour have an easy access to the individual houses, the Contractor shall issue identity cards to the labourers, whether temporary or permanent and he shall be responsible for any untoward action on the part of such labour. Corporation will display a list of Contractors working in the colony / blocks on the notice board in the colony and also at the service centre, to apprise the residents about the same.

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Clause 19 J It shall be the responsibility of the Contractor to see that the building under construction is not occupied by anybody unauthorizedly during construction, and is handed over to the Engineer-In-Charge with vacant possession of complete building. If such building though completed is occupied illegally, then the Engineer-In-Charge shall have the option to refuse to accept the said building / buildings in that position. Any delay in acceptance on this account will be treated as the delay in completion and for such delay a levy up to 10% of Contract value of work maybe imposed by the Engineer-In-Charge whose decision shall be final both with regard to the justification and quantum and be binding on the Contractor. However, the Engineer-In- Charge, through a notice, may require the Contractor to remove the illegal occupation any time on or before construction and delivery. Minimum wages act to Clause 20 be complied with The Contractor shall comply with all the provisions of the Minimum Wages Act, 1948, and Contract Labour (Regulation and Abolition) Act, 1970 amended from time to time and rules framed thereunder and other labour laws affecting Contract labour that may be brought into force from time to time. Work not to be sublet - Clause 21 action in case of The entire Contract shall not be assigned or sublet without the written Insolvency approval of the Engineer-In-Charge. And if the Contractor shall assign or sublet his Contract, or attempt to do so, or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or if any bribe, gratuity, gift, loan perquisite, reward or advantage pecuniary or otherwise, shall either directly or indirectly, be given, promised or offered by the Contractor, or any of his servants or agent to any public officer or person in the employ of Corporation in any way relating to his office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the Contractor, the Engineer-In-Charge shall have power to adopt any of the courses specified in Clause 3 hereof as he may deem best suited to the interest of Corporation and in the event of any of these courses being adopted the consequences specified in the said Clause 3 shall ensue. Clause 22

All sums payable by way of compensation under any of the above mentioned conditions shall be considered as reasonable compensation to be applied to the use of Corporation without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.

Changes in firm’s Clause 23 constitution to be intimated Where the Contractor is a partnership firm, the previous approval in writing of the Engineer-In-Charge shall be obtained before any change is made in the constitution of the firm. Where the Contractor is an individual or a Hindu undivided family business concern such 110

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approvals aforesaid shall likewise be obtained before the Contractor enters into any partnership agreement where under the partnership firm would have the right to carry out the works hereby undertaken by the Contractor. If previous approval as aforesaid is not obtained, the Contract shall be deemed to have been assigned in contravention of Clause 21 hereof and the same action may be taken, and the same consequences shall ensue as provided in the said Clause 21. Clause 24

All works to be executed under the Contract shall be executed under the direction and subject to the approval in all respects of the Engineer- In-Charge who shall be entitled to direct at what points and in what manner they are to be commenced and from time to time carried on.

Settlement of disputes Clause 25 - Refer para 27 of General Contract Conditions and arbitration

Contractor to Clause 26 indemnify corporation The Contractor shall fully indemnify and keep indemnified the against patent rights Corporation against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay as royalties which may be payable in respect of any article or part thereof included in the Contract. In the event of any claims made under or action brought against Corporation in respect of any such matters as aforesaid the Contractor shall be immediately notified thereof and the Contractor shall be at liberty, at his own expense, to settle any dispute or to conduct any litigation that may arise therefrom, provided that the Contractor shall not be liable to indemnify the Corporation if the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the Engineer-In-Charge in this behalf. Lum-sum provisions in Clause 27 tender When the estimate on which a tender is made includes lump sum in respect of parts of the work, the Contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates as are payable under this Contract for such items, or if the part of the work in question is not, in the opinion of the Engineer-In-Charge payable of measurement, the Engineer-In-Charge may at his discretion pay the lump-sum amount entered in the estimate, and the certificate in writing of the Engineer-In-Charge shall be final and conclusive against the Contractor with regard to any sum or sums payable to him under the provisions of the clause. Action where no Clause 28 specifications are In the case of any class of work for which there is no such specifications specified as referred to in Clause 11, such work shall be carried out in accordance with the Bureau of Indian Standard Specifications / CPWD Specifications / IRC Specifications / BMC Specifications. In case there is no such specifications in Bureau of Indian Standards / CPWD Specifications / IRC Specifications / BMC Specifications, then the work shall be carried out as per manufacturers specifications, if not 111

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available, then the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-In- Charge. With holding and lien in respect of sum due i) (i) Whenever any claim or claims for payment of a sum of money arises from Contractor out of or under the Contract or against the Contractor, the Engineer- In-Charge or the Corporation shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any deposited by the Contractor and for the purpose aforesaid, the Engineer-In-Charge or the Corporation shall be entitled to withhold the security deposit, if any, furnished and also have a lien over the same pending finalisation or adjudication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the Contractor, the engineer or the Corporation shall be entitled to withhold and have a lien to retain to the extent of such claimed amount or amounts referred to above, from any sum or sums found payable or which may at any time thereafter become payable to the Contractor under the same Contract or any other Contract with the Engineer-In- Charge or any Contracting person through the Engineer-In-Charge pending finalization of adjudication of any such claim.

It is an agreed term of the Contract that the sum of money or moneys so withheld or retained under the lien referred to above by the Engineer-In-Charge or Corporation will be kept withheld or retained as such by the Engineer-In-Charge or Corporation till the claim arising out of or under the Contract is determined by the arbitrator or by the competent court, as the case may be and that the Contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to above and duly notified as such to the Contractor. For the purpose of this clause, where the Contractor is a partnership firm or a limited company, the Engineer-In-Charge or the Corporation shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner / limited company as the case may be, whether in his individual capacity or otherwise.

ii) (ii) Corporation shall have the right to cause an audit and technical examination of the works and the final bills of the Contractor including all supporting vouchers, abstract, etc., to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the Contractor under the Contract or any work claimed to have been done by him under the Contract and found not to have been executed, the Contractor shall be liable to refund the amount of over-payment and it shall be lawful for Corporation to recover the same from him in the manner prescribed in sub-clause (i) of this clause or in any other manner legally permissible, and if it is found that the Contractor was paid less than what was due to him under the Contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by Corporation to the Contractor, without any interest thereon whatsoever.

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Provided that the Corporation shall not be entitled to recover any sum overpaid, nor the Contractor shall be entitled to payment of any sum paid short where such payment has been agreed upon between the Corporation on the one hand and the Contractor on the other under any term of the Contract permitted payment for work after assessment by Corporation. Lien in respect of Clause 29A claims in other Any sum of money due and payable to the Contractor (including the Contracts security deposit returnable to him) under the Contract may be withheld or retained by way of lien by the Engineer - In charge or the Corporation or any other Contracting person or persons through Engineer-In- Charge against any claim of the Engineer-In-Charge or Corporation or such other person or persons in respect of payment of a sum of money arising out of or under any other Contract made by the Contractor with the Engineer or the Corporation or with such other person or persons.

It is an agreed term of the Contract that the sum of money so withheld or retained under this clause by the Engineer-In-Charge or the Corporation will be kept withheld or retained as such by the Engineer- In-Charge or the Corporation or till his claim arising out of the same Contract or any other Contract is either mutually settled or determined by the arbitration clause or by the competent court, as the case may be and that the Contractor shall have no claim for interest or damages whatsoever on this account or on any other ground in respect of any sum of money withheld or retained under this clause and duly notified as such to the Contractor. Employment of coal Clause 30 - Deleted mining or controlled area labour not permissible Unfiltered water supply Clause 31 The Contractor(s) shall make his / their own arrangements for water required for the work and nothing extra will be paid for the same. This will be subject to the following conditions. (i) That the water used by the Contractor(s) shall be fit for construction purposes to the satisfaction of the Engineer- in-Charge. (ii) The Engineer-in-Charge shall make alternative arrangements for supply of water at the risk and cost of Contractor(s) if the arrangements made by the Contractor(s) for procurement of water are in the opinion of the Engineer- in- Charge, unsatisfactory. Departmental water Clause 31A supply, if available Water if available may be supplied to the Contractor by the department subject to the following conditions:- The water charges @ 1 % shall be recovered on gross amount of the work done.

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The Contractor(s) shall make his/their own arrangement of water connection and laying of pipelines from existing main of source of supply. The Department do not guarantee to maintain uninterrupted supply of water and it will be incumbent on the Contractor(s) to make alternative arrangements for water at his / their own cost in the event of any temporary break down in the water main so that the progress of his/their work is not held up for want of water. No claim of damage or refund of water charges will be entertained on account of such break down. The Contractor shall, however, draw water at such hours of the day that it does not interfere with the normal use. He will also be responsible for all damage and abnormal repairs arising out of his use, the cost of which shall be recoverable from him. The Engineer-in- Charge shall be the final authority to determine the cost recoverable from the Contractor on this account and his decision shall be binding on the Contractor. Alternate water Clause 32 arrangements

(i) Where there is no piped water supply arrangement and the water is taken by the contractor from the wells or hand pump constructed by the Corporation, no charge shall be recovered from the contractor on that account. The contractor shall, however, draw water at such hours of the day that it does not interfere with the normal use for which the hand pumps and wells are intended. He will also be responsible for all damage and abnormal repairs arising out of his use, the cost of which shall be recoverable from him. The Engineer-in-Charge shall be the final authority to determine the cost recoverable from the contractor on this account and his decision shall be binding on the contractor. (ii) The contractor shall be allowed to construct temporary wells in Corporation land for taking water for construction purposes only after he has got permission of the Engineering- Charge in writing. No charges shall be recovered from the contractor on this account, but the contractor shall be required to provide necessary safety arrangements to avoid any accidents or damage to adjacent buildings, roads and service lines. He shall be responsible for any accidents or damage caused due to construction and subsequent maintenance of the wells and shall restore the ground to its original condition after the wells are dismantled on completion of the work.

Return of surplus Clause 33 materials

Notwithstanding anything contained to the contrary in this Contract, where any materials for the execution of the Contract are procured with the assistance of Corporation either by issue from Corporation stocks or purchase made under orders or permits or licenses issued by Corporation the Contractor shall hold the said materials economically and solely for the purpose of the Contract and not dispose of them without the written permission of the Corporation and hand over the surplus material to the Corporation.

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Arrangement of tools, Clause 34 plants, machinery and equipment by the Contractor The Contractor shall arrange at his own expense all tools, plant, machinery and equipment (hereinafter referred to as T&P) required for execution of the work.

Condition relating to Clause 35 use of asphaltic materials i) (i) The Contractor shall collect the total quantity of tar or bitumen required for the work as per standard formula, before the process of painting is started and shall hypothecate it to the Engineer-In-Charge. If any bitumen or tar remains unused on completion of the work on account of lesser use of materials in actual execution for reasons other than authorized changes of specifications and abandonment of portion of work, a corresponding deduction equivalent to the cost of unused materials as determined by the Engineer-In-Charge shall be made and the material return to the Contractors. Although the materials are hypothecated to Corporation, the Contractor undertakes the responsibility for their proper watch, sale custody and protection against all risks. The materials shall not be removed from site of work without the consent of the Engineer-In-Charge in writing.

(ii) The Contractor shall be responsible for rectifying defects noticed within a period of 365 days from the date of final completion certificate of the work and the portion of the security deposit relating to asphaltic work shall be refunded after the expiry of this period

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Employment of CLAUSE 36 Technical Staff and employees Contractors Superintendence, Supervision, Technical Staff & Employees (i) The contractor shall provide all necessary superintendence during execution of the work and all along thereafter as may be necessary for proper fulfilling of the obligations under the contract.

The contractor shall immediately after receiving letter of acceptance of the tender and before commencement of the work, intimate in writing to the Engineer-in-Charge, the name(s), qualifications, experience, age, address(s) and other particulars along with certificates, of the principal technical representative to be in charge of the work and other technical representative(s) who will be supervising the work. Minimum requirement of such technical representative(s) and their qualifications and experience shall not be lower than specified in table beow. The Engineer-in-Charge shall within 3 days of receipt of such communication intimate in writing his approval or otherwise of such a representative(s) to the contractor. Any such approval may at any time be withdrawn and in case of such withdrawal, the contractor shall appoint another such representative(s) according to the provisions of this clause. Decision of the tender accepting authority shall be final and binding on the contractor in this respect. Such a principal technical representative and other technical representative(s) shall be appointed by the contractor soon after receipt of the approval from Engineer-in-charge and shall be available at site before start of work.

All the provisions applicable to the principal technical representative under the Clause will also be applicable to other technical representative(s) The principal technical representative and other technical representative(s) shall be present at the site of work for supervision at all times when any construction activity is in progress and also present himself/themselves, as required, to the Engineer-in- Charge and/or his designated representative to take instructions. Instructions given to the principal technical representative or other technical representative(s) shall be deemed to have the same force as if these have been given to the contractor. The principal technical representative and other technical representative(s) shall be actually available the decision of the Engineer-in-Charge as recorded in the site order book and measurement recorded checked/test checked in Measurement Books shall be final and binding on the contractor.

Further if the contractor fails to appoint suitable technical Principal technical representative and/or other technical representative(s) and if such appointed persons are not effectively present or are absent by more than two days without duly approved substitute or do not discharge their responsibilities satisfactorily, the Engineer-in-Charge shall have full powers to suspend the execution of the work until such date as suitable other technical representative(s) is/are appointed and the contractor shall be held responsible for the delay so caused to the work. The contractor shall submit a certificate of employment of the technical representative(s) alongwith every on account bill/ final bill and shall produce evidence if at any time so required by the Engineer- 116

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in-Charge.at site fully during all stages of execution of work, during recording/checking/test checking of measurements of works and whenever so required by the Engineer-in-Charge and shall also note down instructions conveyed by the Engineer-in- Charge or his designated representative(s) in the site order book and shall affix his/their signature in token of noting down the instructions and in token of acceptance of measurements/ checked measurements/test checked measurements. The representative(s) shall not look after any other work. Substitutes, duly approved by Engineer-in-Charge of the work in similar manner as aforesaid shall be provided in event of absence of any of the representative(s) by more than two days.

If the Engineer-in-Charge, whose decision in this respect is final and binding on the contractor, is convinced that no such technical representative(s) is/are effectively appointed or is/are effectively attending or fulfilling the provision of this clause, a recovery (non- refundable) shall be effected from the contractor as specified in table below.

(ii) The contractor shall provide and employ on the site only such technical assistants as are skilled and experienced in their respective fields and such foremen and supervisory staff as are competent to give proper supervision to the work. The contractor shall provide and employ skilled, semiskilled and unskilled labour as is necessary for proper and timely execution of the work. The Engineer-in-Charge shall be at liberty to object to and require the contractor to remove from the works any person who in his opinion misconducts himself, or is incompetent or negligent in the performance of his duties or whose employment is otherwise considered by the Engineer-in-Charge to be undesirable. Such person shall not be employed again at works site without the written permission of the Engineer-in-Charge and the persons so removed shall be replaced as soon as possible by competent substitutes

Requirement of technical representative and recovery

Rate at which

recovery shall be made per month from the

Contractor in

the event of not fulfilling

provision of Cl. 36 Figure Words Sl. No. Minimum qualification of Representative Value of works Technical Discipline Designation Minimum Experience Number s

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Graduate Engineer engineer Diploma or 10 to 50 lakhs Civil Principal technical representative Nil or 5 years 1 10,000/ Ten thousand

usand

Graduate Engineer 50 to 200lakhs Civil Principal technical representat ive 5 years 1 15,000/ Fifteen tho

& & Ten

3. for PTR &

for TRfor

- -

Graduate Engineer Graduate & Engineer or Diploma engineer 200to500 lakhs Civil Principal representative Technical technical representative & 5for or PTR years5 Nil years for TR 1 PTR 1& TR 15,000/ 10,000/ Fifteen thousand thousand

Levy/Taxes payable by Clause 37 –Refer Para 8 of General Contract Conditions Contractor

Conditions for CLAUSE 38 reimbursement of Levy / Taxes if levied after i) All tendered rates shall be inclusive of all taxes & levies payable receipt of Tenders under respective statutes. However, pursuant to the Constitution (46thAmendment) Act, 1982, if any further tax or levy is imposed by Statute, after the last stipulated date for the receipt of tender including extensions if any, and the Contractor thereupon necessarily and properly pays such taxes / levies the Contractor shall be reimbursed the amount so paid, provided such payments, if any, is not, in the opinion of the Engineer-In-Charge (whose decision shall be final and binding on the Contractor) attributable to delay in execution of work within the control of the Contractor. ii) The Contractor shall keep necessary books of accounts and other documents for the purpose of this condition as maybe necessary and shall allow inspection of the same by a duly authorized representative of the Engineer-In-Charge and further shall furnish such other information / document as the Engineer-In-Charge may require from time to time. iii) The Contractor shall, within a period of 30 days of the imposition of any such further tax or levy, pursuant to the Constitution (46th Amendment) Act 1982 give a written notice thereof to the Engineer-In- 118

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Charge that the same is given pursuant to this condition, together with all necessary information relating thereto.

Termination of Clause 39 Contract on death of Without prejudice to any of the rights or remedies under this Contract Contractor if the Contractor dies and in case of individual Contractor, if no heir, successor, legal successor or legal representative responds within thirty days of the demise of the Contractor, the Engineer-In-Charge on behalf of the Corporation shall have the option of terminating the Contract without compensation to the Contractor.

If relative working in Clause 40 Corporation then the The contractor shall not be permitted to tender for works in the contractor not allowed Corporation if his near relative is posted as officer in any capacity to tender between the grades of the Superintending Engineer and Asst. Executive Engineer (both inclusive). He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any officer. Any breach of this condition by the contractor would render him liable to be removed from the approved list of contractors of this Department.

NOTE: By the term “near relative” is meant wife, husband parents and grandparents, children and grandchildren, brothers and sisters uncles and cousins and their corresponding in-laws.

No Gazetted Clause 41 Engineer to No engineer of gazetted rank or other gazetted officer employed in work as engineering or administrative duties in an engineering department of Contractor the Government of India shall work as a contractor or employee of a within one year contractor for a period of one year after his retirement from government of retirement service without the previous permission of Government of India in writing. This contract is liable to be cancelled if either the contractor or any of his employees is found at any time to be such a person who had not obtained the permission of Government of India as aforesaid, before submission of the tender or engagement in the contractor’s service, as the case may be.

Cement consumption Clause 42 i) The contractor shall see that only the required quantities of materials are got issued. Any such materials remaining unused and in perfectly good condition at the time of completion or determination of the contract shall be returned to the Engineer- in-charge at a place directed by him, if by a notice in writing under his hand, he shall so require. Credit for such material will be given at the prevailing market rate not exceeding the amount charged from him excluding the storage charges levied at the time of issue of materials to him. The contractor shall

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not be entitled to cartage and incidental charges for returning the surplus materials from and to the stores where issued.

ii) After the completion of the work theoretical quantity of cement to be used on work shall be calculated on the basis of standard formula as may be in force in the CPWD. Over this theoretical quantity of cement shall be allowed a variation up to 3% plus/minus for the works with estimated cost put to tender not more than Rs.5 lakhs; and up to 2% plus / minus for the works with estimated cost put to tender more than Rs.5 lakhs. The difference in the quantity of cement actually issued to / procured by the contractor and the theoretical quantity including authorized variation, if not returned by the contractor, shall be recovered at twice the issue rate including storage charges, without prejudice to the provision of the relevant condition regarding return of materials governing the contract. In the event of it being discovered that the quantity of cement used is less than the quantity ascertained as herein before provided (allowing variations on the minus side as stipulated above), the cost of the quantity of cement not so used shall be recovered from the contractor on the basis of stipulated issue rate including storage charges and cartage to site.

iii) The provision of the foregoing sub-clause shall apply in the case of steel reinforcement or structural steel sections, except that the theoretical quantity of steel shall be the quantity required as per design or as authorized by the Engineer-in-charge, including authorized lappages, plus 5% wastage due to cutting into peaces over this theoretical quantity plus 5% and minus 4% shall be allowed as variation due to wastage being more or less.

iv) The provisions made above are without prejudice to the right of the Corporation to take action against the contractor under the conditions of the contract for not doing the work according to the prescribed specification. Compensation during Clause 43 warlike situations The work (whether fully constructed or not) and all materials, machines, tools and plants, scaffolding, temporary buildings and other things connected therewith shall be at risk of the Contractor until the work has been delivered to the Engineer-In-Charge and a certificate from him to that effect obtained. In the event of the work or any materials, properly brought to the site for incorporation in the work being damaged or destroyed in consequence of hostilities or war like operation, the Contractor shall when ordered (in writing) by the Engineer-In-Charge to remove any debris from the site, collect and properly stack or remove in store all serviceable materials salvaged from the damaged wok and shall be paid at the Contract rates in accordance with the provision of this agreement for the work of clearing the site of debris ,stacking or removal of serviceable material and for reconstruction of all works ordered by the Engineer-In-Charge such payments being in addition to compensation up to the value of the work originally executed before being damaged or destroyed and not paid for. In case of works damaged or destroyed but not already measured and

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paid for, the compensation shall be assessed by the Engineer-In- Charge. The Contractor shall be paid damages / destruction suffered and for the restoring the material at the rate based on analysis of rates tendered for in accordance with the provision of the Contract. The certificate of the Engineer-In-Charge regarding the quality and quantity of materials and the purpose for which they were collected shall be final and binding on all parties to this Contract. Provided always that no compensation shall be payable for any loss in consequence of hostilities or warlike operations (a) unless the Contractor had taken all such precautions against air raid as are deemed necessary by the A.R.P. officers or the Engineer (b) for any material etc., not on the site of the work or for any tools, plant, machinery, scaffolding, temporary building and other things not intended for the work. In the event of the Contractor having to carry out reconstruction as aforesaid, he shall be allowed such extension of time for its completion as is considered reasonably by the Engineer-In-Charge. Apprentices Act Clause 44 - Deleted provisions to be complied with Release of Security Clause 45 - Deleted Deposit after Labour clearance

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ANNEXURE-III

Scope of Work, Specifications, Special conditions of Contract & Schedule-B (Schedule of items with quantity, rate and unit and Price format)

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ANNEXURE-III A SCOPE OF WORK

a) 2.5 cm thick premix carpet. b) Seal coat c) Road side berms are strengthen with gravel

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ANNEXURE-III B

Specifications of work

Name of work: As mentioned on Cover page

The work shall be carried out strictly in accordance with the latest CPWD specification as published by CPWD, New Delhi, with latest amendments and the latest relevant B.I.S. Codes, if CPWD specifications do not contain any specific reference to the items. In the event of any item not finding a place in CPWD specification or in codes, the decision of Engineer-in-charge shall be final regarding the specification to be adopted.

SIGNAUTRE OF CONTRACTOR SIGNATURE OF AEE(C)/EE(C)/DY.S.E(C)/S.E(C)

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ANNEXURE-III C

SPECIAL CONDITIONS OF THE CONTRACT

Name of work: (As mentioned on cover page.)

1. Definitions & Interpretations In construing these conditions, the Specifications, Bill of quantities and Contract/ Agreement etc. the following words shall have the meaning herein assigned to them except where the subject or context otherwise requires. i) a) “CPA” (Competent Purchasing Authority) means the appropriate authority with delegated powers to accept the tender.

b) "Engineer" means "Engineer-In-Charge/Project Manager" of ONGC or his authorized representative deputed by ONGC for carrying out supervision of works or other duties as may be assigned to him by ONGC. ii) "Notice in writing" or "written notice" shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address or registered office of the addressee and shall be deemed to have been received when in the ordinary course of post it would have been delivered. iii) "Act of Insolvency" shall mean any Act of Insolvency as defined by the Presidency Towns Insolvency Act, or the Provincial Insolvency Act or any Act amending such original. iv) "Schedule of Quantities” means the Schedule of Quantities of items, materials & rates, summaries, etc. as finally accepted. v) "Temporary Works" means all temporary works of every kind required in or about the execution, completion or maintenance of the works. vi) "Completion of the Works" means the completion of the whole of the works in all respects as evidenced by issuance of a Certificate of Completion and acceptance by the Engineer in pursuance of Clause 8 of the Clauses of Contract. vii) "Period of Maintenance/Defect Liability Period/Guarantee" shall mean the period of 365 (Three hundred sixty five) days, if not specifically mentioned otherwise, calculated from the date of completion of the works certified by the Engineer-In-Charge. viii) "Urgent Works" means any urgent works, which in the opinion of the Engineer/Corporation becomes necessary at the time of execution and / or during the progress of work to obviate any risk of accident or failure or to obviate any risk of damage to the structure or services or required to accelerate the progress of work or which becomes necessary for safety & security or for any other reason. ix) "Market Rate" means the rate as decided by the Engineer / Corporation on the basis of cost of materials at site and labour, inclusive of any tax, duty, octroi etc. at the time of execution of work. x) "Month" means calendar month. xi) "Week" means seven consecutive calendar days. 125

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xii) Interpretations/Marginal Note/ Heading/ Catch Lines : The Marginal Notes, Headings and in the catch lines hereto and in the annexure hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents and the annexure hereto. The Contractor will have to carry out and complete the said work in every respect in accordance with this Contract. xiii) Preference of documents: The several documents forming the Contact are to be taken as mutually explanatory of one another, detailed drawings being followed in preference to small scale drawing and figured dimensions in preference to scale and special conditions in preference to General Conditions.

In the case of discrepancy between the Schedule of Quantities, the Specifications and/ or the Drawings, the following order of preference shall be observed:-

i) Description of Schedule of Quantities.

ii) Particular Specification and Special Condition, if any.

iii) Drawings.

iv) CPWD Specifications.

v) Indian Standard Specifications of B.I.S.

If there are varying or conflicting provisions made in any one document forming part of the Contract, the Engineer-in charge shall be the deciding authority with regard to the intention of the document and his decision shall be final and binding on the Contractor.

Any error in description, quantity or rate in Schedule of Quantities or any omission there from shall not vitiate the Contract or release the Contractor from the execution of the whole or any part of the works comprised therein according to drawings and specifications or from any of his obligations under the Contract. 2. Examination of certain conditions before tendering by the contractor to be presumed.

i) The contractor shall be presumed to have satisfied himself by the careful examination before submitting his tender as to the nature of the ground, and subsoil, the form and the nature of the site, the quantities and the nature of the work and material necessary for the completion of the work and means of access to the site, the affecting accommodation he may require and all other matters incidental thereto, and ancillary thereof, affecting the execution and the completion of the work. He shall also be presumed to have satisfied himself before tendering as to the correctness and the sufficiency of the tender for the work as quoted by him in the tender schedule which rates and prices shall (except in so far as it is hereinafter otherwise specially provided) cover all his obligation and the contract and all matters and thing necessary for the proper completion and maintenance of the work.

ii) It is agreed and understood that no extra payments shall be admissible to the contractor under any circumstances whatsoever consequent on any alleged misunderstanding or miscalculation or arising out of other mistake or factor, not specifically provided for in the contract.

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3. The quantities set out in the accepted schedule of the rates against item of works quantified are the quantities estimated to be required for such works and they shall not be taken as the actual and correct quantities of the works to be executed by the contractor in fulfillment of the obligation under the contract.

4. The contractor shall not carry out any work between hours of sun-set and sun-rise without the previous permission of the Engineer-in-charge in writing.

5. Site Order Book For the purpose of quick communication between the Engineer-In-charge and the Contractor or his Agent or Representative, Site Order Books shall be maintained at Site in the manner as described below:

Any communication, relating to the works may be conveyed through recording in the Site Order Books such as communication from one party to the other which shall be deemed to have been adequately served in terms of the Contract. Each site book shall be carefully maintained and shall be in the custody of the Engineer-In charge. Any instruction which the Engineer-In charge or his authorized representative or any inspection authority may like to issue to the Contractor the same may be recorded by him in the Site Order Book. The Contractor or his Representative may similarly record in the Site Order Book any communication he may like to send to the Engineer-In charge.

6. The work will not be treated as completed and taken over by the Corporation Limited, till all the components of work / structure after being constructed at site in all respects have been tested by the Engineer-in-charge to his satisfaction. All tests shall be carried out by the contractor at his own cost as and when directed by the Engineer-in-charge.

7. Any water tank or pit constructed at the site of work shall be protected by suitable parapet walls to avoid fall of any cattle or person. Contractor shall be responsible for any loss / damage caused due to non-compliance of this requirement.

8. The contractor at his own cost shall construct a godown for storage of cement which shall not permit entry of moisture or rain water. The godown shall have a double lock, one key shall be with the contractor or his representative and one key with Engineer-in-charge or his representative who will issue the cement. For this purpose a register shall be maintained by Engineer-in-charge or his representative which will show the receipt and issue of the Cement. This register shall be signed by the contractor or his representative after every transaction.

9. All the charges regarding GST and any other charges that may be payable by the contractor shall be borne by him and nothing shall be paid to the contractor on this account by the Department.

10. All steel required for the work shall confirm to the relevant BIS specification and shall be purchased from the standard manufacturing concerns such as Tatas, SAIL, Hindustan Steel Limited etc. The test certificates shall be produced by the contractor at his own cost. The Department does not take responsibility for arranging wagon etc.

11. Samples of all materials to be used on the works shall be first approved by the Engineer-in- charge before actual use on the work and for such approval requisite test, if any, indicated by the Engineer-in-charge shall be carried by the contractor at his own cost and nothing extra shall be paid for the same.

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12. Nothing extra shall be paid for dewatering, desalting and cleaning of trenches due to collapsed soil unless otherwise caused by springs, tidal or river seepage, broken water mains and drains. Contractor’s rate shall be deemed to provide necessary shoring or other protective measures to guard against collapsing of the trench sides.

13. For RCC works all cement concrete invariably should be mixed in concrete mixer except in emergencies. Small quantities where hand mixing is allowed, prior permission of Engineer- in-charge will be obtained. In case of hand mixing of cement concrete, 10% extra cement shall have to be provided by the agency for which no extra claim shall be entertained by the Department.

14. Unless otherwise specified in the bill of quantities against individual items, all items shall be deemed to include supply of all kinds of different materials and all kinds of labours required to execute the item fully and finally.

15. In the cases where the Tender Documents are downloaded and submitted, the forwarding letter for the sale/issue of the Bid document, duly signed by tender issuing officer, will be sent by the bidder along with the bid.

16. Disposal of Refuse etc. i) Disposal of excavated earth, rock cutting, debris and other refuse arising from the construction activities, shall be the responsibility of the Contractor, which includes transportation i/c loading & unloading, arrangements to disposal yard as well as obtaining necessary permission and approvals etc., from the concerned Authorities and making payments of taxes / royalties etc. as applicable. The rubbish generated has to be cleared immediately. No rubbish shall be left out in the premises. No separate payment will be made on this account and therefore the contractor has to built this factor into his quoted rates.

ii) The Contractor is also required to dispose the existing debris / jungles in and around the working premises at his own cost, so as to clear the entire site in all respects before commencement of the work.

17. Contractor to verify site Measurements The Contractor shall check and verify all site measurements whenever requested by other specialists Contractors or by nominated or other sub-Contractors to enable them to prepare their own shop drawings and pass on the information with sufficient promptness as will not in any way delay the works. A copy of all such information passed on shall be given to the Engineer-In charge.

18. Works by other Agencies The Corporation/Engineer-In charge reserves the right to use premises and any portions of the site for the execution of any work not included in this Contract which it may desire to have carried out by other persons simultaneously and the Contractor shall allow all reasonable facilities for the execution of such work, but shall not be required to provide any plant or material for the execution of such work except by special arrangement with the Corporation. Such work shall be carried out in such manner as not to impede the progress of the works included in the Contract and the Contractor shall not be responsible for any damage or delay which may happen to or occasioned by such work.

19. In case of any discrepancy in between Technical data / details and specification, clarification should be obtained from Engineer-In charge whose decision shall be final and binding on the Contractor.

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20. The following documents 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 :

1. Agreement. 2. Minutes of pre-bid, if any 3. Special Conditions of Contract. 4. General Condition of Contract. 5. In the case of discrepancy between the schedule of Quantities, the Specifications and/ or the Drawings, the following order of preference shall be observed:- i) Description of Schedule of Quantities. ii) Particular Specification and Special Condition, if any. iii) Drawings. iv) CPWD Specifications. v) Indian Standard Specifications of B.I.S.

21. Urgent Repairs If by reason of any accident or failure or other event occurring to in or in connection with the works, or any part thereof., either during the execution of the works or during the period of Defect Liability / maintenance any remedial or other work or repair shall, in the opinion of the Engineer-In-charge or Engineer’s representative, be urgently necessary for security and safety of life or for the works or of adjoining property, and the Contractor is unable or unwilling at once to do such work or repair, the Corporation may employ his own or other workmen to do such work or repair, as the Engineer-In-charge or the Engineer’s representative may consider necessary. If the work or repair so done by the Corporation which is in the opinion of the Engineer-In-charge, the Contractor was liable to do at his own expense under the Contract, all costs and charges incurred by the Corporation in so doing shall on demand be paid by the Contractor to the Corporation or may be deducted by the Corporation from any moneys due or which may become due to the Contractor. Provided always that the Engineer-In-charge or the Engineer’s representative (as the case may be) shall, as soon after the occurrence of any such emergency, as may be reasonably practicable notify, the Contractor thereof in writing.

22. The agency should possess Electrical contractor’s license. If not they should submit consent letter from Electrical contractor through whom they will carry out the electrical works along with copy of his license.

23. Reversal of payment made to the contractor 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 may 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. The details of such recovery if any will be intimated to the contractor. The Contractor shall receive payment of undisputed amount under subsequent invoice / bill for any amount that has been omitted in previous invoice / bill by mistake on the part of ONGC or the Contractor.

24. In case of more than one completion period in respect of different parts of work in a single contract, if the site for any one part of work could not be handed over by ONGC to the agency within one year from the date of NOA or within the specified period mentioned in the tender document, whichever is later either party may close the contract after completing the remaining part / parts of work.

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25. The construction cement/steel for the work is to be procured by the contractor from open market. Cement/steel will not be issued by ONGC.

26. It has been decided that payment of wages through direct bank credit (ECS) to be adopted as the preferred mode of payment of wages to contract labour in all job/service contracts awarded by ONGC, in accordance with law. Accordingly, contractors making cheque payments are advised to migrate to the ECS mode of payment with immediate effect. Proof of payment of wages through ECS, endorsed by the concerned bank should accompany the bill of the contractor.

27. Implementation of fair wage policy

28. For Construction/erection of sheds, only experienced technicians/manpower shall be deployed. Proof of experience in construction/ erection of sheds using sandwich/PUF insulated panels shall be got approve by EIC.

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Annexure III D

Schedule-B

(Schedule of items with quantity, rate and unit and Price format) is enclosed

Name of work: As mentioned on Cover page

Sl. Rates in figures and Item Quantity Unit Amount No. words 1 2 3 4 5 6

AS PER TENDER DOCUMENT VOLUME-II

SCHEDULE -B (SCHEDULE OF ITEMS WITH QUANTITIES, RATE & UNIT) SEPERATELY ATTACHED

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ANNEXURE - IV Name of Work: (As mentioned in NIT) Bid Evaluation Criteria (BEC)

A. VITAL CRITERIA FOR ACCEPTANCE OF BIDS: A.1 Bidders are advised not to take any exception/deviations to the bid document. Exceptions / deviations, if any, should be brought out during the Pre-bid conference. In case Pre-bid conference is not held, the exceptions / deviations along with suggested changes are to be communicated to ONGC within the date specified in the NIT and bid document. ONGC after processing such suggestions may, through an addendum to the bid document, communicate to the bidders the changes in its bid document, if any.

REJECTION CRITERIA B

B.1 TECHNICAL REJECTION CRITERIA The following vital technical conditions should be strictly complied with failing which the bid will be rejected:

B.1.1 Bid should be complete and covering the entire scope of work and should confirm to the technical specifications indicated in the bid documents duly supported with technical catalogues/ literatures wherever required. Incomplete and non-confirming bids will be rejected outright.

B.1.2 EXPERIENCE CRITERIA: Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following.

a Three similar completed works each costing not less than the amount equal to 40% of the estimated cost. or b Two similar completed works each costing not less than the amount equal to 50% of the estimated cost. or c One similar completed work costing not less than the amount equal to 80% of the estimated cost

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1. Similar works means “Construction of Drill Sites/Drill Site Accommodations/Buildings/Semi permanent buildings/sheds/ Compound walls/Bridges/Culverts/Cross Drainage works” or “Construction/ Re- construction/Repairing/Widening/Improving/Strengthening of WBM roads/Bituminous surface roads/Concrete roads” or “Renovation/Repairing of buildings/sheds/DSAs” or “Any other Civil works in Drill sites/Production Installations/Canal works”

2. The above said similar work should have been executed for public utilities, state government, central government, state PSU‟s and central PSU‟s

4. Work completion certificate should invariably contain the following details: i) Name of work/ Scope of work ii) Ref. of LA/NOA/LOI/WO/PO etc. iii) Agreement Number and date iv) Actual date of completion v) Work done value/Actual completion value vi) Issuing authority’s signature with name & Designation. B.1.3 The bidder should meet the experience criteria detailed above. In case the bidder is an Incorporated Indian Joint Venture Company, registered in Indian and incorporated under the Companies Act 1956 and any amendments thereunder, then the technical experience criteria laid-down in the Technical BEC should met as under:

i) The Joint Venture Company by itself should meet the experience criteria or ii) The Joint Venture Partner (who can be either a Indian or a foreign company) having a stake of at least 26% in the Joint Venture Company should meet the technical experience criteria stipulated in the tender on its own and cannot rely on any other arrangement such as Supporting Company of the JV partner for meeting the technical experience criteria. Documentary evidence in support of the above should be submitted along with the Techno- commercial Bid. iii) In case of (ii) above, an undertaking from the Joint Venture partner, based on whose experience the JV seek qualification, shall be submitted with the techno commercial bid stating they shall maintain minimum 26% shareholding in the JV till the execution of the contract.

B.1.4 Details of experience and past performance of the bidder and incorporated joint venture partner (in case of a joint venture), on works/ jobs done of similar nature in

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the past and details of current work in hand and other contractual commitments, indicating areas and clients are to be submitted along with the techno-commercial bid, in support of the experience laid down at para B.1.2 above. B.1.5 Indian companies/ Joint Venture companies (Incorporated JV):- Indian bidders whose proposal for Joint Venture involves foreign equity participation or payment of royalty and / or lumpsum for technical know-how and wherever Govt. approval is necessary, are required to submit copy of Govt. approval, on their application submitted to SIA, prior to the date price bid opening B.2 COMMERCIAL REJECTION CRITERIA The following vital commercial conditions should be strictly complied with failing which the bid will be rejected. B.2.1 Bid submission: The bid should be submitted at the ONGC portal for e-tender (https://etender.ongc.co.in/irj/portal) by the bidders who have valid digital signatures by downloading the bid documents from the website for participating in Tender

ONGC shall not be responsible for any delay in bid submission due to last minute rush or server becoming slow/busy/ not responding.

Bids submitted by any other mode will not be accepted and will be summarily rejected. B.2.2 Bid Bid should be submitted at the ONGC portal for e-tender (https://etender.ongc.co.in/irj/portal) in Two Bid system in two separate formats as attached (i) for un-priced techno-commercial bid and other (ii) for price bid format for which digital signatures are required for entire tendering process.

The un-priced techno-commercial bid shall contain all details along with the supporting documents (except copies of the documents required in physical form) scanned and uploaded by the bidder as per the requirement of pre- qualification technical, and commercial criteria of BEC without indicating price/ percentage quote. The Priced bid shall contain only the percentage quote duly filled in as per the price bid format. The offers of the bidders indicating/disclosing prices in techno-commercial (un- priced bid) or at any stage before opening of priced bid shall be straight way rejected.

The price bids submitted in physical form against e-procurement tenders shall not be given any cognizance. However, the following documents required in physical form should be submitted to purchaser’s office in a sealed envelope super-scribed as "Physical documents against e-procurement Tender Number ……….., to be opened on ……….", so as to reach to the Tender inviting office (as indicated in “Invitation to Bid”) on or before the closing date and time specified for submission of bid through e-bidding portal.

a. The original bid security/ EMD

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b. The “Power of Attorney” or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder, in original, when the power of attorney is a special “Power of Attorney” relating to the specific tender of ONGC only. Notary attested / notarized true copy of the “Power of Attorney” shall also be accepted in lieu of the original, if the power of attorney is a general “Power of Attorney”. However, photocopy of such notarized true copy shall not be accepted.

c. ‘Integrity Pact’ duly signed by the authorized person (applicable for the tenders of value above 100.00 Lakhs).

d. Notary attested / notarized true copy of Memorandum of Understanding Agreement wherever applicable.

Bidder should ensure to submit original documents in accordance with the bidding document. B.2.3 ACCEPTANCE OF TERMS & CONDITIONS Bidder must confirm unconditional acceptance to General conditions of Contract, Special Conditions of Contract and Instructions to Bidders contained in the website etender.ongc.co.in. B.2.4 OFFERS OF FOLLOWING KINDS WILL BE REJECTED: B.2.4 (a) Offers made without Bid Security (EMD)/Bid Bond/Bank Guarantee for an amount of Rs. (Rupees only) along with the Techno-Commercial offer. Bidder shall furnish as a part of his techno-commercial bid, Bid Security ( EMD) for an amount mentioned above for which the bidder is quoting in any of the following modes: i. Bank Draft ( DD/BC/PO) in favour of Finance & Accounts Officer, Oil and Natural Gas Corporation Ltd., Karaikal and payable at Karaikal.

ii. In case of DD/BC/PO the same should have been established after publication of NIT and not later than the prescribed date of submission of the bid

iii. Bank Guarantee from scheduled banks, valid for 30 days beyond the required validity of bid iv. Central Government Departments and Central Public Sector Undertakings are exempted from payment of Bid Security. B.2.4 (b) (i) Bids not submitted in e-form through ONGC’s e-procurement engine. (ii) Bids not confirming to ONGC’s online price bid format as given in the e-bidding engine. (https://etender.ongc.co.in/irj/portal). B.2.4 (c) Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening of bid. B.2.4 (d) Offers where prices are not firm during the entire duration of the contract and/or with any qualifications. B.2.4 (e) Offers which do not confirm to ONGC’s Price bid format.

B.2.4 (f) Offers which do not confirm to the contract period indicated in the bid.

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B.2.4 (g) Non-submission of Integrity Pact along with the bid, duly signed by the same signatory who signs the bids even after giving an opportunity after opening of techno- commercial bids. (Applicable for the tenders of value above 100.00 Lakhs).

B.2.4 (h) Offers not accompanied with a copy of valid registration certificate under GST Legislation of India B.2.4 (i) Offers not accompanied with a declaration in that neither the bidders themselves, nor any of its allied concerns, partners or associates or Directors or Proprietors involved in any capacity are currently serving any banning orders issued by ONGC debarring them from carrying out business dealings with ONGC. B.2.4 (j) Offers not accompanied with the undertaking on the company’s letter head and duly signed by the signatory of the bid, that all the documents/certificates/information submitted by them against the tender are genuine. B.2.4 (k) Offers not accompanied with an undertaking to provide all the necessary compliances/Invoice/ documents required under GST legislation for enabling ONGC to avail Input tax (GST) credit.

C TAX LIABILITY C.1 Bidder shall bear, within the quoted rates, the Personnel Tax as applicable in respect of their personnel and their sub contractor’s personnel, arising out of this contract. Bidder shall also bear, within the quoted rates, the Corporate Tax, as applicable, on the income arising out of this contract. The rates quoted by the bidder shall be inclusive of all duties, taxes and levies etc, Central or State or Local bodies. C.2 Bidders are required to ascertain themselves, the prevailing rates of GST and all other taxes and duties as applicable on the scheduled date of submission of Price Bids and ONGC would not undertake any responsibility whatsoever in this regard.

Accordingly, bidders should quote the prices, clearly indicating the applicable rate of GST / description of service as per GST rules (under which the respective service is covered), Service Accounting Code, along with all other taxes and duties applicable.

Total price inclusive of GST as applicable shall be taken for evaluation.

In case the GST is not quoted explicitly in the offer, the offer will be considered as inclusive of GST. D PRICE BID EVALUATION CRITERIA D.1 1. Price bids of only techno-commercial acceptable bidders will be opened for further evaluation. 2. Inter se rankings of the bidders will be decided based on percentage quoted in the price bid. 3. In case of same L-1 rate (%) quoted by more than one bidder, Ranking of the bidders shall be decided on the basis of average turnover of the bidders for the last two financial years in descending order. Bidders with highest average turnover shall be ranked first and so on, for price evaluation. In such a situation this document will be sought from such bidders.

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D.2 Discount: Bidders are advised not to indicate any separate discount. Discounts, if any, should be merged with the quoted prices. Discount of any type, indicated separately, will not be taken into account for evaluation purpose. However, in the event, such offer without considering discount is found to be lowest, ONGC shall avail such discount at the time of award of Contract. E GENERAL E.1 BEC over-rides all other similar clauses appearing anywhere in the Bid document. E.2 The bidder /contractor is prohibited to offer any service/benefit of any manner to any employee of ONGC and that the contractor may suffer termination of contract/ disqualification in case of violation. E.3 Unsolicited correspondence from the bidders will not be considered E.4 On-site inspection will be carried out by ONGC’s officers / representative/ Third Parties at the discretion of the ONGC

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ANNEXURE - V

BEC MATRIX

Name of Work: (As mentioned in NIT) Bidder should specifically confirm compliance with each of the clause in BEC by filling in the Matrix given below. Each blank box should be filled in with ‘Confirmed’ (for confirming Acceptance / compliance in the respective clause) / ‘Not Confirmed’ (for non-confirming Acceptance / compliance in the respective clause) / ‘Not applicable’ (against the clause which is not applicable to the bidder).

Confirmed/Not VITAL CRITERIA FOR ACCEPTANCE OF A. Confirmed/Not Remarks BIDS: applicable A.1 Bidders are advised not to take any Choose an item. exception/deviations to the bid document. Exceptions / deviations, if any, should be brought out during the Pre-bid conference. In case Pre-bid conference is not held, the exceptions / deviations along with suggested changes are to be communicated to ONGC within the date specified in the NIT and bid document. ONGC after processing such suggestions may, through an addendum to the bid document, communicate to the bidders the changes in its bid document, if

any.

However, During evaluation of bids, ONGC may ask the bidder for clarifications/ confirmations/deficient documents of bid. The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought or is permitted. If the bidder still maintains exceptions / deviations in the bid, such conditional / non-conforming bids shall not be considered and may be rejected outright. B REJECTION CRITERIA B.1 TECHNICAL REJECTION CRITERIA The following vital technical conditions should be strictly complied with failing which the bid will be rejected: B.1.1 Bid should be complete and covering the entire scope of work and should confirm to the technical specifications indicated in the bid documents duly supported with technical Choose an item. catalogues/ literatures wherever required. Incomplete and non-confirming bids will be rejected outright. B.1.2 EXPERIENCE CRITERIA: 138

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – V BEC Matrix

Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following. a Three similar completed works each costing not less than the amount equal to 40% of the estimated cost. or b Two similar completed works each costing not less than the amount equal to 50% of the estimated cost. or c One similar completed work costing not less than the amount equal to 80% of the estimated cost Note 1. Similar works means “Construction of Drill Sites/Drill Site Accommodations/Buildings/Semi permanent buildings/sheds/ Compound walls/Bridges/Culverts/Cross Drainage works” or “Construction/ Choose an item.

Re- construction/Repairing/Widening/ Improving/Strengthening of WBM roads/Bituminous surface roads/Concrete roads” or “Renovation/Repairing of buildings/sheds/DSAs” or “Any other Civil works in Drill sites/Production Installations/Canal works”

2. The above said similar work should have been executed for public utilities, state government, central government, state PSU‟s and central PSU‟s

OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – V BEC Matrix

of final payment against the contract or proof of release of performance security/guarantee after completion of contract or any other documentary evidence that can substantiate the completion of each of the works/jobs mentioned by the bidder against experience.

experience criteria stipulated in the tender on its own and cannot rely on any other arrangement such as Supporting Company of the JV partner for meeting the technical experience criteria. Documentary evidence in support of the above should be submitted along with the Techno- commercial Bid. iii) In case of (ii) above, an undertaking from the Joint Venture partner, based on whose experience the JV seek qualification, shall be submitted with the techno commercial bid stating they shall maintain minimum 26% shareholding in the JV till the execution of the contract.

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B.1.4 Details of experience and past performance of the bidder and incorporated joint venture partner (in case of a joint venture), on works/ jobs done of similar nature in the past and details of current work in hand and other Choose an Item

contractual commitments, indicating areas and clients are to be submitted along with the techno-commercial bid, in support of the experience laid down at para B.1.2 above. B.1.5 Indian companies/ Joint Venture companies (Incorporated JV):- Indian bidders whose proposal for Joint Venture involves foreign equity participation or payment of royalty and / or lumpsum for technical know-how Choose an Item

and wherever Govt. approval is necessary, are required to submit copy of Govt. approval, on their application submitted to SIA, prior to the date price bid opening B.2 COMMERCIAL REJECTION CRITERIA The following vital commercial conditions should be strictly complied with failing which the bid will be rejected. B.2.1 Bid submission: The bid should be submitted at the ONGC portal for e-tender (https://etender.ongc.co.in/irj/portal) by the bidders who have valid digital signatures by downloading the bid documents from the website for participating in Tender Choose an item.

ONGC shall not be responsible for any delay in bid submission due to last minute rush or server becoming slow/busy/ not responding.

Bids submitted by any other mode will not be accepted and will be summarily rejected. B.2.2 Bid should be submitted at the ONGC portal for e-tender (https://etender.ongc.co.in/irj/portal) in Two Bid system in two separate formats as attached (i) for un-priced techno-commercial bid and other (ii) for price bid format for which digital signatures are required for Choose an item. entire tendering process.

The un-priced techno-commercial bid shall contain all details along with the supporting

documents (except copies of the documents required in physical form) scanned and uploaded by the bidder as per the requirement of pre-qualification

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – V BEC Matrix technical, and commercial criteria of BEC without indicating price/ percentage quote. The Priced bid shall contain only the percentage quote duly filled in as per the price bid format. The offers of the bidders indicating/disclosing prices in techno- commercial (un-priced bid) or at any stage before opening of priced bid shall be straight way rejected.

The price bids submitted in physical form against e-procurement tenders shall not be given any cognizance.

However, the following documents required in physical form should be submitted to purchaser’s office in a sealed envelope superscribed as "Physical documents against e- procurement Tender Number ……….., to be opened on ……….", so as to reach to the Tender inviting office (as indicated in “Invitation to Bid”) on or before the closing date and time specified for submission of bid through e-bidding portal.

a. The original bid security/ EMD. b. The “Power of Attorney” or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder, in original, when the power of attorney is a special “Power of Attorney” relating to the specific tender of ONGC only. Notary attested / notarized true copy of the “Power of Attorney” shall also be accepted in lieu of the original, if the power of attorney is a general “Power of Attorney”. However, photocopy of such notarized true copy shall not be accepted. c. ‘Integrity Pact’ duly signed by the authorized person (applicable for the tenders of value above 100.00 Lakhs).. d. Notary attested / notarized true copy of Memorandum of Understanding Agreement wherever applicable.

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Instructions to Bidders contained in the website etender.ongc.co.in. OFFERS OF FOLLOWING KINDS WILL BE B.2.4 REJECTED: B.2.4 (a) Offers made without Bid Security (EMD)/Bid Bond/Bank Guarantee for an amount of Rs. (Rupees only) along with the Techno-Commercial offer. Bidder shall furnish as a part of his techno- commercial bid, Bid Security ( EMD) for an

amount mentioned above for which the

bidder is quoting in any of the following modes: i. Bank Draft ( DD/BC/PO) in favour of Finance & Accounts Officer, Oil and Natural Gas Corporation Ltd., Karaikal and payable at Choose an item. Karaikal.

ii. In case of DD/BC/PO the same should have been established after publication of NIT and not later than the prescribed date of submission of the bid

engine. (https://etender.ongc.co.in/irj/portal). B.2.4 (c) Offers which do not confirm unconditional Choose an item. validity of the bid for 90 days from the date of opening of bid.

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B.2.4 (d) Offers where prices are not firm during the Choose an item. entire duration of the contract and/or with any qualifications. B.2.4 (e) Offers which do not confirm to ONGC’s Price Choose an item. bid format.

B.2.4 (f) Offers which do not confirm to the contract Choose an item. period indicated in the bid.

B.2.4(g) Non-submission of Integrity Pact along with the bid, duly signed by the same signatory who signs the bids even after giving an Choose an item. opportunity after opening of techno-

commercial bids. Applicable for the tenders of value above 100.00 Lakhs). B.2.4(h) Offers not accompanied with a copy of valid registration certificate under GST Legislation Choose an item.

of India B.2.4 (i) Offers not accompanied with a declaration in that neither the bidders themselves, nor any of its allied concerns, partners or associates

or Directors or Proprietors involved in any Choose an item. capacity are currently serving any banning

orders issued by ONGC debarring them from carrying out business dealings with ONGC. (Annexure- IX) B.2.4 (j) Offers not accompanied with the undertaking on the company’s letter head and duly signed by the signatory of the bid, that all the Choose an item. documents/certificates/information

submitted by them against the tender are genuine. (Annexure- XV) B.2.4 (k) Offers not accompanied with an undertaking to provide all the necessary compliances/Invoice/ documents required Choose an item.

under GST legislation for enabling ONGC to avail Input tax (GST) credit. C TAX LIABILITY C.1 Bidder shall bear, within the quoted rates, the Personnel Tax as applicable in respect of their personnel and their sub contractor’s personnel, arising out of this contract. Bidder shall also bear, within the quoted rates, the Corporate Tax, as applicable, on the income Choose an item.

arising out of this contract.

The rates quoted by the bidder shall be inclusive of all duties, taxes and levies etc, Central or State or Local bodies.

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – V BEC Matrix

C.2 Bidders are required to ascertain themselves, the prevailing rates of GST and all other taxes and duties as applicable on the scheduled date of submission of Price Bids and ONGC would not undertake any responsibility whatsoever in this regard.

Accordingly, bidders should quote the prices, clearly indicating the applicable rate of GST / description of service as per GST rules Choose an item. (under which the respective service is

covered), Service Accounting Code, along with all other taxes and duties applicable.

Total price inclusive of GST as applicable shall be taken for evaluation.

In case the GST is not quoted explicitly in the offer, the offer will be considered as inclusive of GST. D PRICE BID EVALUATION CRITERIA

D.1 1. Price bids of only techno-commercial acceptable bidders will be opened for further evaluation.

2. Inter se rankings of the bidders will be decided based on percentage quoted in the price bid.

3. In case of same L-1 rate (%) quoted by Choose an item. more than one bidder, Ranking of the

bidders shall be decided on the basis of average turnover of the bidders for the last two financial years in descending order. Bidders with highest average turnover shall be ranked first and so on, for price evaluation. In such a situation this document will be sought from such bidders. D.2 Discount: Bidders are advised not to indicate any separate discount. Discounts, if any, should be merged with the quoted prices. Discount of any type, indicated separately, Choose an item. will not be taken into account for evaluation purpose. However, in the event, such offer without considering discount is found to be lowest, ONGC shall avail such discount at the time of award of Contract. E GENERAL E.1 BEC over-rides all other similar clauses Choose an item. appearing anywhere in the Bid document.

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – V BEC Matrix

E.2 The bidder /contractor is prohibited to offer any service/benefit of any manner to any employee of ONGC and that the contractor Choose an item.

may suffer termination of contract/ disqualification in case of violation. E.3 Unsolicited correspondence from the bidders Choose an item. will not be considered

E.4 On-site inspection will be carried out by Choose an item. ONGC’s officers / representative/ Third Parties at the discretion of the ONGC

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – VI

ANNEXURE – VI

DATE:______

CERTIFICATE (in bidder’s official letter head)

All the terms and conditions of ONGC’s tender document for Tender

No…………………………Dated:...... …. are acceptable to us and we have not made any deviations from the same or put forward any additional condition in our offer. It is also confirmed that the supporting documents with regard to the BEC (Bid Evaluation Criteria) laid down in Tender

Document duly submitted.

Signature

Name and Designation Organization / Firm

Place:

Date:

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – VII, VIII

ANNEXURE – VII

DELETED

ANNEXURE – VIII

DELETED

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – IX

ANNEXURE - IX

CERTIFICATE (In bidder’s official letter head)

Certified that we our company as well as none of our allied concerns, partners, associates or directors or proprietors involved in any capacity are currently serving any banning orders issued by

ONGC debarring us from carrying on business dealings with ONGC or was never blacklisted by any

Central Govt. / State Govt./ State PSU / Central PSU department.

Signature

Name and Designation Organization / Firm

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – X

ANNEXURE-X

DELETED

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – XI

ANNEXURE-XI

PROFORMA FOR UNDERTAKING FOR SUBMISSION OF GST REGISTRATION CERTIFICATE

To:

DGM (civil) - In charge Contract Management, Engineering services, ONGC, CAUVERY ASSET, KARAIKAL – 609 604.

Sir,

We hereby confirm that our Offer is accompanied with a copy of valid GST registration number under GST Legislation of India bearing NO…………………………………………………………………………

Signature & seal of the bidder Place: Date:

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – XII

ANNEXURE-XII

PROFORMA FOR UNDERTAKING FOR INPUT TAX (GST) CREDIT

(To be in bidder’s official letter head)

To DGM (civil) - In charge Contract Management, Engineering services, ONGC, CAUVERY ASSET, KARAIKAL – 609 604.

Sir,

I/We hereby undertake to provide all the necessary compliances/Invoice/ documents for enabling ONGC to avail Input tax (GST) credit benefits (wherever applicable) under GST legislation which are payable against the contract (if awarded), along with documentary evidence.

Signature & seal of the bidder Place: Date:

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – XIII

ANNEXURE-XIII

UNDERTAKING FOR SUBMISSION OF EPF CODE

------To DGM (civil) - In charge Contract Management, Engineering services, ONGC, Cauvery Asset KARAIKAL – 609 604.

I. For bidders falling under the purview of EPF Act/Rules at the time of submission of Bid:

1) We hereby confirm that our Offer is accompanied with a copy of valid EPF Code bearing No………………………………………………….. (along with supporting documentary evidence thereof attested by notary public) (Or) 2) We hereby undertake to produce the same subsequent to award of contract within 30 days of issue of LOA and before signing of the contract, failing which we agree for the forfeiture of our EMD / SD and cancelation of our contract.

II. Bidder not falling under the purview of EPF Act/Rules at the time of submission of Bid:

1) We hereby undertake that at present we are not covered under the EPF Act/ Rules. Certificate from a Chartered Accountant towards this effect has been submitted along with the techno commercial offer failing which his offer will be rejected.

2) We further undertake that we shall take and produce the EPF Code No. within 30 days from the date on which we fall under the provision of EPF Act / Rules, during the currency of the contract period, failing which our EMD/SD shall stand forfeited and contract be cancelled.

Signature & seal of the bidder Place: Date: Note: Please tick whichever is applicable.

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – XIV

ANNEXURE-XIV

PROFORMA FOR UNCONDITIONAL ACCEPTANCE OF TENDER DOCUMENT, MOBILISATION PERIOD & CONTRACT PERIOD

To DGM (civil) - In charge Contract Management, Engineering services, ONGC, CAUVERY ASSET, KARAIKAL – 609 604.

Sub: Tender No.

Sir,

We hereby confirm our unconditional acceptance of General Conditions of Contract at Annexure II, Special Conditions of Contract at Annexure III and Instruction to Bidders at Annexure I.

Signature & seal of the bidder Place: Date:

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OIL AND NATURAL GAS CORPORATION LIMITED VOL-I CAUVERY ASSET, ENGINEERING SERVICES, CIVIL SECTION, NERAVY COMPLEX, KARAIKAL- 609604 (Py) ANNEXURE – XV

ANNEXURE-XV

PROFORMA FOR UNDERTAKING BY THE BIDDER REGARDING SUBMISSION OF DOCUMENTS / CERTIFICATES / INFORMATION ARE GENUINE

(To be in bidder’s official letter head)

To DGM (civil) - In charge Contract Management, Engineering services, ONGC, CAUVERY ASSET, KARAIKAL – 609 604.

Sir,

I/We hereby undertake that all the documents / certificates / information towards fulfillment of tender / contract conditions submitted by me / us are genuine. In case any of the documents / certificates / information submitted by me / us is found to be false or forged, action as deemed fit by ONGC may be taken against me / us.

Signature & seal of the bidder Place: Date:

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