e-Tender No.

9000022553 for an appointment of Subcontractor for arrangement of

manning other than regular marine manning on board ONGC’s Mobile Offshore
Drilling Unit “Sagar Vijay” & “Sagar Bhushan”

INVITATION TO BID (TWO BID SYSTEM)

1.0 The Shipping Corporation of India Ltd., India (SCI) is operating & managing (O&M)
contract of Mobile Offshore Drilling Unit (MODU) “Sagar Vijay” & “Sagar Bhushan”,
owned by Oil & Natural Gas Corporation Ltd. (ONGC), India.

1.1 The MODU “Sagar Vijay” & “Sagar Bhushan” are marine vessels engaged in round-
the clock oil well drilling operations, which have a direct bearing on the oil production
from the offshore field. Its availability throughout the year is very important and
critical. Broad technical specifications of MODU “Sagar Vijay” & “Sagar Bhushan” are
given in Annexure III.

2.0 SCI proposes to hire the services of a suitable and competent party as a manning
Subcontractor for providing Crane Operator, Store Keeper, Welder, Roustabout and
AC Mechanic (for air conditioning units’ maintenance) on either regular or call out
basis on board MODU “Sagar Vijay” & “Sagar Bhushan”.

2.1 Online tenders in Two bid system viz. Technical bid and Priced bid are invited from
reputed companies for the Empanelment of Manning Contractors for hiring of Crane
Operator, Store Keeper, Welder, Roustabout and AC Mechanic on either regular or
call out basis on board MODU “Sagar Vijay” & “Sagar Bhushan”. The detailed scope
of work, eligibility qualification and experience criteria for Personnel is given in
Annexure III.

3.0 The contract will be for a firm period of three years starting from 01.07.2019 for
MODU Sagar Vijay and from 20.08.2019 for MODU Sagar Bhushan with applicability
of back to back termination clauses for contract between SCI & ONGC and with
SCI’s option to extend the contract for 2 extensions of 3 months each on the same
rates, terms and conditions. Draft Contract is given herewith with conditions as per
Annexure I, Annexure II & Annexure III. Separate contract shall be signed for each
MODU. The required complements for regular as well as call out manning are as per
Annexure III A.

4.0 BRIEF TENDER PARTICULARS :

The brief details of Tender are as under:
i Tender No. E-Tender No: 9000022553
ii Description of work for arrangement of manning other than regular marine
manning on board ONGC owned MODU “Sagar Vijay” &
“Sagar Bhushan”
iii Scope of work As per Annexure III
iv Contract period The contract will be for a firm period of three years starting
from 01.07.2019 for MODU Sagar Vijay and from 20.08.2019
for MODU Sagar Bhushan with applicability of back to back

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 termination clauses for contract between SCI & ONGC and
with SCI’s option to extend the contract for two extensions of
3 months each on the same rates, terms and conditions.
v Tender on Website https:\\etender.sci.co.in w.e.f. 22.05.2019
vi Tender fee and The tender document can be purchased by paying the non-
Availability of tender refundable tender fee of Rs. 2,500/- for Indian bidder and
US$ 100/- for foreign bidders by demand draft drawn in
favour of The Shipping Corporation of India Ltd., payable at
Mumbai

Availability of tender: from 22.05.2019 to 12.06.2019 till 1600

hours.
vii Bid submission date Till 12.06.2019 at 1700 hrs.
viii Unpriced/Technical 1130 hrs. on 13.06.2019
bid opening date
ix Bid bond / Bid Security INR 10 lakhs through pay order / demand draft
x Validity of Bid bond 90 days from the date of opening of Technical bid
xi Performance Bank 10% of annual contract value for respective MODU.
Guarantee
xii Validity of PBG Up to 120 days from the expiry date of contract
xiii Bid validity up to 90 days from the date of opening of Unpriced / Technical bid
xiv Correspondence SM (OS-C), T&OS Division, 5th floor
Address The Shipping Corporation of India Ltd.
Shipping House, 245 Madame Cama Road
Mumbai 400 021, India.
Tel. No. 91-22-2277 2176/2209/2183
Fax no. 91-22-2283 3772
xv Bidder has to sign an Integrity pact & banning guidelines as provided in the tender
document, in original and should be submitted along with Technical bid. (appendix VI
& VII)
xvi 1) Mr. Syed Shahzad Hussain, IAS (Retd.). E-mail: sshussain50@yahoo.com /
shussainiem@sci.co.in and
2) Mr. A. P. Srivastava, IPS (Retd.). E-mail: asrivastavaiem@sci.co.in,
apsrivastava1000@gmail.com

5.0 The Subcontractors liability under this contract will be limited to providing Crane
Operator, Store Keeper, Welder, Roustabout and AC Mechanic on either regular or
call out basis on board MODU “Sagar Vijay” & “Sagar Bhushan” only and not related
to marine manning, as per scope of work in Annexure III.

5.1 Offers of Bidders taking any exception / deviations to tender / contract terms and
conditions will not be considered.

5.2 In the event of any dispute as regards the Terms and Conditions as above or as
regards interpretation of the clauses hereof, the decision of the Contractor (SCI) shall
be final and binding.

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6.0 ELIGIBILITY / EXPERIENCE / QUALIFICATION CRITERIA FOR BIDDER:
6.1 Bidder should have minimum 2 years of relevant experience of independently
planning and carrying out jobs stipulated in scope of work in preceding 05 years from
the date of tender floating in providing the required manpower. Bids should be
submitted by independent parties without backup. No Joint Venture, MOU
agreements, collaboration or backup arrangements etc. are allowed for bidding this
tender. Apart from above, all the manning provided by contractor should have
minimum qualifications as per Indian Merchant Shipping rules wherever applicable or
equivalent.

6.2 Bidder should perform this contract independently, without any Subcontracting to any
third parties/companies.

6.3 Bidders should furnish experience details as per format attached at Appendix I
alongwith documentary evidence such as contract or work order copy/confirmation
from Client Company for similar jobs as stipulated in the scope of work in support of
their claimed experience. Details of experience and past performance of the bidder,
on works/ jobs done of similar nature in the past and details of current work in hand
and other contractual commitments, indicating areas and clients are to be submitted
along with the techno-commercial bid, in support of the experience.

6.4 Bidder should submit valid Recruitment and Placement Services Licence (RPSL) no.,
INDOS, CIN No., TAN No., PAN No, GSTIN NO., CDC-Checker & COC-Checker.
Bidder shall also submit necessary undertakings and self certified bio-data for all the
qualified & experienced manning provided as per SMS Procedure to ONGC prior
sending crew on-board at bidders cost.

6.5 Bidder should have a liaison office at Mumbai & Kakinada with dedicated and
experienced support staff, for executing the contract. In case the bidder does not
have the same, an undertaking should be submitted in the bid stating that the same
will be done if award of contract is received by the bidder.

6.6 Bids conforming to above eligibility criteria only will be considered. Bidders currently
barred by Government of India and its agencies / ONGC / SCI will not be considered

6.7 Personnel experience: The bidder should confirm that bidder will provide personnel
of requisite experience and qualification throughout the period of contract as per
statutory requirement and shall be responsible for up-keeping and maintaining same
as per - Annexure III

7.0 Two bid system shall be followed for this system viz. Unpriced / Technical Bid
and Priced bid. The Unpriced / Technical bid and Priced Bid should be uploaded on
e-tender portal (all digitally signed and uploaded).

7.1 The technical bid should consist of the following details (all digitally signed and
uploaded)
1. Duly filled Appendix I : Experience details format.
2. Duly filled Appendix II : Form of Particulars.

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 3. Duly filled Appendix III : Check List/Matrix.
4. Duly filled Appendix IV : Format for Bid bond/Bid security
5. Duly filled Appendix V : Format for Performance Bank Guarantee.
6. Duly signed Appendix VI : Format of Integrity Pact
7. Duly signed Appendix VII : Banning Guidelines
8. Duly Signed Appendix VIII : Format of Agreement Between Bidder and their
Parent Company) (To Be Made on Stamp Paper Of Requisite Value And Notarized)
9. Copy of Solvency certificate with amount blanked out
10. Annual reports of the company for the last three years,
11. The bid documents are required to be serially numbered and duly signed by
authorized signatory of the company.
12. A letter of authority authorizing the concerned officer to sign the bid documents
should be submitted in the Technical bid.
13. Confirmation of supply of all the crew compliment as per Annexure III A.
14. Entire tender document stamped and signed with authorized signatory.
15. Scan of the Demand draft for tender fee

7.2 PRICE BID

The price bid is to be filled in items menu of the RFX. No prices should be revealed in
the technical bid. Revealing the price bids in the technical section will lead to
disqualification. The per day rate to be quoted per category in INR only without
including GST. Rates will be same for both the MODUs.

7.3 The following documents to be sent within 5 days of the technical bid opening failing
which the tender will not be processed. The following to be written on this envelope
“Documents for submission for tender No_________’”
i. Demand draft of tender fee
ii. Original Bid Bond in Bank Guarantee format or in demand draft.
iii. Sealed Original Solvency certificate (the same is to be in a separate sealed
cover).
iv. A letter of authority authorizing the concerned officer to sign the bid
documents should be submitted in the Technical bid.
v. Original Agreement between Bidder and the Parent Company
vi. Duly Signed Policy and Guidelines for Removal / Suspension / Banning of
Entities (Banning Guidelines)
vii. Duly signed Integrity Pact

At the following address:-

Senior Manager (OS-C)
The Shipping Corporation of India Ltd., Technical & Offshore Services Division
5th floor, Shipping House, 245 Madame Cama Road, Mumbai 400 021, India
Tel. No. – 022772209 /2183 / 2211

8.0 DISQUALIFICATION:
The tender is liable to be disqualified if:
i) Bidder not satisfying any of the conditions mentioned at 5.0, 6.0, 7.0, 10.0, 19.0 and
20.0.
ii) Tender not submitted in accordance with terms and conditions of the Tender form.

4
iii) During validity of the quotation period or its extended period, if any, the bidder
increases his quoted prices.
iv) Received in incomplete form including rate schedule.
v) Received after due date and time.
vi) Information submitted in Technical offer is found incorrect or false at any time either
during the processing of the contract (no matter at what stage) or during the tenure of
the contract including the extension period, if any.
vii) Multiple tenders being submitted by one bidder or if common interests are found in
two or more bidders, the parties are liable to be disqualified.
viii) While processing the tender documents, if it comes to the knowledge of Corporation /
Contractor that some of the bidders have formed a cartel resulting in delay/holding up
the processing of tender, the bidders involved in cartel are liable to be disqualified for
this tender as well as for a further period of two years.
ix) Bid not accompanied by Bid Bond in the form of Pay Order / Demand Draft.
x) The Bidder qualifies the Tender with his own conditions.
xi) The Bidder qualifies the letter of acceptance of the contract with his conditions.
xii) The bidder is found to be financially unsound on the basis of the audited Balance
Sheet/P&L A/c for last three years submitted with the tender.
xiii) Offers of Bidders taking any exception/deviations to tender/contract terms and
conditions will not be considered.
xiv) If any extant government rules, notifications, extant DPE guidelines are violated by
the bidder.
xv) The Subcontractor shall abide by and comply with all local, national as well as
international laws in connection with supplies/ services under the subject contract.
SCI shall not be responsible for breach of law, if any, by the Subcontractor.
xvi) Bidders should confirm the compliance and acceptance of DGS office order no. 1 of
2018 dated 16.01.2018. Same is incorporated in tender document.
xvii) Bidder also note and follow the instructions as per DGS’s Engineering Circular No.
84 dated 04th November 2007. Relevant para is as below
a. Bidder must know that being DOC holder, SCI is "the company."
b. Bidder should ensure that, all the officers and crew appointed by them on
board the MODUs shall report to and comply with the instructions and advice
of the "company" and that the crew and officers will have a direct link in all
matters with the shore based designated person of the "company."
c. Bidder shall ensure that all the officers and crew appointed by them on board
the owners' vessel shall report to the Company, M/s. The Shipping
Corporation of India Limited, who are the "company", as defined in the ISM
Code; and also shall comply with all instructions and advice of the "company".
The bidders shall further ensure that the crew and officers appointed will also
report to the shore-based "designated person" of the "company", M/s. The
Shipping Corporation of India Limited, and shall have a direct link with the
company, to whom the officers and crew shall provide all information
required, from time to time.
d. The crew-managers will also offer the owners / "company" to conduct an audit
of its operation of the ship and matters connected with the officers and crew;
and all documents in this behalf shall be handed over and maintained by the
company, to enable them to make it available to the ISM auditors.

5
 e. The above provision shall be included in the operation manual and the
attention of the officers and crew should be brought to it, at the time of signing
on the articles, and their signatures be obtained in confirmation that it has
been so brought to their notice.
xviii) In the event of any dispute as regards the Terms and Conditions as above or as
regards interpretation of the clauses hereof, the decision of SCI shall be final and
binding.

9.0 BREAKDOWN/DOWNTIME / PENALTIES: Bidder is required to accept in toto the

relevant clauses of Breakdown / downtime / penalties as per Annexure II clause 7,
for drillship.

10.0 FINANCIAL CRITERIA:

10.1 Bidder should have average operational turnover of Indian Rupees Two Crores or
equivalent during last three financial years. To support this, bidder should submit a
letter from a reputed international bank / nationalized Indian bank indicating their
company’s credit worthiness / solvency of a value of 50% of the annual contract
value for the performance of this contract concurrently in addition to present
assignments. This solvency certificate in original is required to be submitted in Priced
bid in sealed envelope. A copy of this certificate blanking the amount should be
uploaded in the Unpriced bid.

10.2 Bidder must submit audited financial statement duly certified by Chartered
Accountant / annual report of their company for the last three financial years.

10.3 Bid bond/Bid Security: Bidder is required to submit a bid bond, in the format as per
Appendix IV, from any reputed international bank (for foreign bidders) and from any
nationalized/scheduled banks for domestic bidders, 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 issuing bank. valid for 90 days from the
date of opening of the Technical bid, equivalent to Indian Rupees 10 lakhs only
(Indian Rupees Ten lakhs only) or equivalent US Dollars to protect SCI against the
risk of Bidder’s conduct which would warrant the bid bond security’s forfeiture in
case:-
i) If the bid is withdrawn during the validity period or any extension thereof duly
agreed by the Bidder, or
ii) If bid is varied/modified in a manner not acceptable to SCI during the validity
period or any extension of the validity duly agreed by the bidder, or
iii) If a bidder, having been notified of the acceptance of its bid, fails to furnish
Performance Bank guarantee within 15 days of notification of such
acceptance., or
iv) The Bidder increases the quoted prices during the validity of the quotations /
extension granted on the validity, or
v) The Bidder fails to accept the contract, if awarded.

The bid bond of unsuccessful bidders will be returned on finalization of the bid. The
bid security of successful bidder will be returned on receipt of Performance bank
guarantee by SCI.

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10.4 SCI shall not be liable to pay any bank charges, commission or interest on the
amount of bid bond/bid security.

10.5 Exchange rate fluctuations and loading: Bidders are to quote day rates in Indian
Rupees only and will receive payment in Indian Rupees only.

10.6 The successful bidder will be required to submit a Performance bank guarantee
(PBG), as per format enclosed at Appendix V, in favor of SCI towards performance
of the contract for an amount of 10% of one year contract value for each MODU
within 15 days of receipt of award of contract for respective MODU by the successful
bidder. The PBG should be valid for a period upto 120 days after the expiry of the
contract.

11.0 Payments will be made to Subcontractor as under:

i. Subcontractor shall be paid as per schedule of rates for regular and call out
personnel from the day of sign on at rig to the day of sign off from rig for applicability
of day rates. No day rate shall be payable for reaching operating base in East Coast
& West Coast i.e. for the period of journey from nominated base to either operating
base.
ii. Any of the subcontractors personnel found not having qualification / experience as
required for their job category at any stage of contract, shall be replaced by the
subcontractor at its own cost within 5 days of notification by ONGC / Contractor to
the subcontractor. The day rate of such replaced person will not be payable for the
period they remained part of the crew & if already paid will be recovered irrespective
of any approval before payment.
iii. SCI / ONGC will have the full right for good cause to ask the removal of any of
subcontractor’s Personnel either for incompetence, unreliability, misbehavior etc.
while on or off the job. The subcontractor will be allowed a maximum of 5 working
days to replace such persons by experienced persons at its own cost. No day rate
will be payable in respect of these personnel from the day of request of removal till
replacement, if already paid will be recovered irrespective of any approval before
payment and period beyond five day shall be considered for penalty as per
Annexure II clause 7.
iv. The day rates submitted by the bidder will be firm for the entire duration of the
contract with applicability of back to back termination clauses for contract between
SCI & ONGC and with SCI’s option to extend the contract for two extensions of 3
month each on the same rates, terms and conditions. No interim increase/escalation
in day rates will be allowed during the entire duration of the contract.

12.0 The bidders are required to quote per day rates in the price bids for all the items in
INR.

13.0 MOBILIZATION:
13.1 The contract will be commencing w.e.f. 01.07.2019 for MODU Sagar Vijay and w.e.f.
20.08.2019 for MODU Sagar Bhushan, the date of completion of contract period of
existing subcontractor. The successful Bidder should mobilize the personnel as
required, 1 day prior actual commencement of contract to get accustomed to the

7
 vessel & equipments. Notification of Award of Contract shall be issued to the
successful bidder with 10 days notice for mobilization.

13.2 No Mob and Demob charges shall be paid by SCI to the successful bidder. Bidder to
keep all its services ready to be mobilized on board MODU, within 10 days of
issuance of letter of award of contract.

14.0 The responsibility of Subcontractor in general would be to provide total number of

qualified and experienced manning as per Annexure III on board MODUs for
carrying out marine operations on round the clock basis to perform duties expected
from MODU.

NOTE: The bidders have to confirm all the requirements mentioned above and terms
and conditions of Draft Contract – Annexure I, Annexure II and Annexure III in
toto and no exceptions/deviations to be taken to the contract/agreement clauses.

15.0 PURCHASE OF TENDER DOCUMENT:

The tender document can be purchased by paying the non-refundable tender fee
of Rs 2,500/- for Indian bidders and US$ 100/- for foreign bidders, by demand
draft drawn in favor of The Shipping Corporation of India Ltd., from the SCI office
at following address:

Senior Manager (OS-C)

The Shipping Corporation of India Ltd., Technical & Offshore Services Division
5th floor, Shipping House
245 Madame Cama Road
Mumbai 400 021, India.
Tel.No. SM (OS-C)) - 2277 2211/2209 /2183
Email I’d: - vinod.padale@sci.co.in

15.3 Tender document will be available on SCI website and CPP w.e.f. 22.05.2019.

15.4 The original tender document along with original forwarding letter issued to the
Bidder by SCI is required to be signed by Bidder on each page and submitted along
with their Technical/Unpriced bid.

16.0 DATE & TIME OF SUBMISSION OF BIDS

16.1 The closing date and time of the tender will be 12.06.2019 at 1700 hours.
Prospective bidders should note that no request for extension of due date for
closing/opening of tender will be considered under any circumstances. It will be in
the interest of the bidders to submit their bid complete in all respects as per provision
of the tender document within the stipulated time and no exception/deviation to the
tender provisions/terms and conditions should be taken by the bidders. Bids with
exception/deviations will be rejected.
.
17.0 OPENING OF BIDS:
17.1 The Technical bids will be opened in the presence of accredited representatives of
bidders on 13.06.2019 at 1130 hours. The Bidder’s representative should bring along

8
 an authority letter for submission of bid and for attending the opening of Technical bid
on their behalf.
17.2 The date of opening of Priced bid of technically qualified bidders will be intimated to
them in due course.

18.0 EVALUATION OF BIDS:

18.1 The tender will be evaluated first on the basis of the information furnished in
Technical Bid of the tender. On the basis of such technical information, the
Corporation will assess the capability of the bidder to undertake the contract and if
found unsuitable / incompetent shall reject the tender, in which case the “Price bid’
will not be opened. Decision of the Corporation in this regard shall be final and
binding. Please note that all the information required in the ‘Form of Particulars’
should be properly filled in and all documents of the Technical bid must be submitted.

18.2 Once a tender is accepted on technical grounds, the selection among such
technically qualified bidders would normally be only on the basis prices quoted.
However, SCI reserves the right to reject all/any of the tenders, and the decision of
SCI in this regard shall be final and binding.

18.3 Total Contract Value for evaluation = (9490 x A + 365 x B + 720 x C + 180 x (D + E +
F), where, A = per day rate for Regular Roustabout
B = per day rate for Air conditioning Mechanic (regular)
C = per day rate for call-out Roustabouts
D = per day rate for call–out Crane operator
E = per day rate for call–out Store keeper
F = per day rate for call–out Welder

18.4 Security clause: While evaluating tenders regard would be paid to national defense
and security consideration. The Subcontractor will be responsible to SCI / ONGC for
ensuring that men &, material being placed by them on board the ships do not pose a
threat to safety and security of ships owned, managed, leased or chartered by SCI.

19.0 UNSOLICITED COMMUNICATION

“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 GM (OS&TS-F). However, if
such representation is found by the GM (OS&TS-F) be un-substantiate 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.
GM (OS & TS-F) is the CPA for this tender.

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20.0 THE BIDDER SHOULD ALSO CONFIRM THE FOLLOWING IN WRITING WHILE
SUBMITTING THE “TECHNICAL OFFER”:
a) Whether the bidder employs in any capacity whether administrative or advisory, ex-
SCI officer who has retired from the GM or higher level in preceding two years as on
the tender closing date
b) If the answer to (a) above is in affirmative, the name and designation of that officer in
the firm, his designation at the time of retirement in SCI and his date of retirement
from SCI should be furnished;
c) The role and responsibilities of that officer in the firm especially with regard to the
contract for which the bid is made should be clearly spelt out.

Kindly note that in case the answer to (a) of this clause is affirmative, then the
contract will be awarded only if the Board of Directors of SCI approves the same.

21.0 CONTENTS OF TENDER DOCUMENT:

Appendix I : Experience details format.
Appendix II : Form of Particulars.
Appendix III : Check List/Matrix.
Appendix IV : Format for Bid bond/Bid security
Appendix V : Format for Performance Bank Guarantee.
Appendix VI : Format of Integrity Pact
Appendix VII : Banning Guidelines
Appendix VIII : Format of Agreement Between Bidder & Parent
Company.

Draft Contract for MODU “Sagar Vijay” & “Sagar Bhushan”

ANNEXURE I : General Terms and Conditions of Contract
ANNEXURE II : Special Conditions of Contract
ANNEXURE-III : Technical Specifications, Scope of work, Personnel
Qualification & Experience.
ANNEXURE III A : Regular Crew & Call out personnel

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 Appendix I

EXPERIENCE DETAILS

Tender No. 9000022553 for arrangement of manning other than regular marine
manning on board ONGC’s Mobile Offshore Drilling Unit “Sagar Vijay” & “Sagar
Bhushan”

Bidders past experience format

Sl. Name Period No of Bidders Whether job Documentary proof attached

No. and From days scope independently (Contract copy / work order
address To of work done by the and 1st day and last day
of Client dd / mm / Bidder vessel log clearly indicating
yy YES/NO bidder involvement)

Signature of the bidder: ________________________

Name : ________________________

Seal of the Company

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 Appendix II

FORM OF PARTICULARS

Re: Tender No. 9000022553 for arrangement of manning other than regular marine
manning on board ONGC’s Mobile Offshore Drilling Unit “Sagar Vijay” & “Sagar
Bhushan”

1.0 Name of the Company and full Postal address:

1.1 E-mail address
1.2 Telephone No. (Office) (Residence) (Mobile)
1.3 Fax No.

2.0 Nature of Company (Please provide a copy of Organization chart, copy of audited
Balance Sheet and P&L A/c of last 3 years):
2.1 Year of formation of company

3.0 Name of Parent Company

4.0 Name of the Senior Executives/Officials of Company

5.0 Name of contact person of the subject project

6.0 Names of clients of the company

7.0 Average annual turnover, GST Number, PAN Number.

8.0 Particulars of Bid bond/Bid Security

9.0 Whether any employees of your company have any relatives employed in SCI &
ONGC. If yes, give details.

10.0 Whether any of your employees had been working in SCI/ONGC earlier? If yes, give
details.

11.0 Whether your company has been disqualified / blacklisted by SCI /ONGC at any time
in the past. If yes, give details.

Place:

Date: Signature of Authorised Signatory.

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 Appendix III

CHECK LIST / MATRIX

The bidders are advised to ensure that following check list is duly filled in and the points
have been complied in their offer, failing which, the offer is liable to be rejected :

Refer the page no.

Sr. Bidder’s & documentary
Description
No. compliance evidence enclosed,
if applicable.
Vital criteria for acceptance of bids:
The bidders have to conform to all the
requirements mentioned in the tender document
and terms & conditions of Draft Contract,
Annexure I, Annexure II and Annexure III in
toto and no exceptions / deviations to be taken to
1.
the contract / agreement clauses. Bids of only Accepted/Not
those parties who are accepting the tender accepted.
requirements and terms and conditions of Draft
Contract, Annexure I, Annexure II and Annexure
III in toto and confirm the same, will be
considered for evaluation.
Bid validity is for 90 days from the technical bid
2. Yes/No
opening date
Bidders to provide total scope of work as per Accepted/Not
3.
Annexure III accepted.
Experience Details attached in format as
4. Yes/No.
Appendix I.
Bid bond/bid security submitted as per
5. Yes/No.
requirement.
Bidder must submit audited financial statement
duly certified by Chartered Accountant /annual
6. Yes/No.
report of their company for the last three financial
years.
Solvency certificate in original submitted within 5
days of the technical bid opening (in sealed
7. Yes/No.
cover) and a copy with amount blanked out
uploaded in Technical bid.
Bid documents are serially numbered and duly Accepted/Not
8.
signed on each page by authorized signatory. accepted.
Bidder independently should have a minimum 2
years (730) days experience (as on date of
Accepted/Not
9. opening of unpriced bid) of providing marine
accepted.
manpower in scope of work and duties expected
from the vessel, during the last 5 years.
10. Bidder should have an established office set up Desirable

13
 with Project management and dedicated &
experienced support staff in Mumbai & Kakinada,
for executing the contract.
Bidder is required to accept in toto the relevant
Accepted/Not
11. clauses of Breakdown/ downtime/penalties as per
accepted.
Annexure II for drillship.
Bidder should have Average operational turnover
12. of Indian Rupees 2/- Crores or equivalent US Yes/No.
Dollars during last three financial years.
Bidder is required to submit a bid bond/bid
security, as per format enclosed at Appendix IV
valid for 90 days from the date of opening of
Technical bid, equivalent to Indian Rupees 10 Accepted/Not
13.
lakhs only (Indian Rupees Ten lakhs only) or accepted.
equivalent US Dollars to protect SCI against the
risk of Bidder’s conduct which would warrant the
bid bond security’s forfeiture.
The successful bidder will be required to submit
a Performance bank guarantee (PBG), as per
format enclosed at Appendix V, in favor of SCI
towards performance of the contract for an
Accepted/Not
14. amount of 10% of one year contract value for
accepted.
each vessel within 15 days of receipt of award of
contract by the successful bidder. The PBG
should be valid for a period upto 120 days after
the expiry of the contract.
The contract will be for a firm period of three years
starting from 01.07.2019 for MODU Sagar Vijay
and from 20.08.2019 for MODU Sagar Bhushan
with applicability of back to back termination Accepted/Not
15.
clauses for contract between SCI & ONGC and accepted.
with SCI’s option to extend the contract for two
extensions of 3 months each on the same rates,
terms and conditions.
Bidders are to quote day rates in Indian Rupees Accepted/Not
16.
only. accepted.
The contract will be commencing w.e.f.
01.07.2019 for MODU Sagar Vijay and w.e.f.
20.08.2019 for MODU Sagar Bhushan, the date
of completion of contract period of existing Accepted/Not
18.
subcontractor. The successful Bidder should accepted.
mobilize the personnel as required, 1 day prior
actual commencement of contract to get
accustomed to the vessel & equipments.
No Mob and Demob charges shall be paid by SCI Accepted/Not
19.
to the successful bidder. accepted.
20. The responsibility of Subcontractor in general Accepted/Not

14
 would be to provide total number of qualified and accepted.
experienced manning as per ANNEXURE III on
board MODU “Sagar Vijay” & “Sagar
Bhushan” for carrying out marine operations on
round the clock basis to perform duties expected
from MODU “Sagar Vijay” & “Sagar Bhushan”
The tender document purchased by paying the
Accepted/Not
21 non-refundable tender fee of Rs.5,000/- by Indian
accepted.
bidder or US$100 by foreign bidder.
Bidder should have valid INDOS (Indian National
22. Database for Seafarer) No., RPSL No., CIN No., Yes/no
TAN No. and PAN No.
Bidder is independently bidding without any joint
Accepted/Not
23 venture, MOU, Collaboration or back-up
accepted
arrangement
Bidders Drillship/MSV/DSV are on charter to
24 Yes/no
ONGC
Accepted/Not
25 Integrity Pact Duly filled and Signed
accepted
Company has been barred by Government of
26 Yes/no
India, its agencies, SCI, ONGC at any time
Currency of Bidding: Bidders are to quote in INR Accepted/Not
27
only. accepted
No Mob and Demob charges shall be paid by SCI Accepted/Not
28
to the successful bidder. accepted
Banning Guidelines is duly signed by authorized Accepted/Not
29
signatory accepted
Details of Clause 20 duly submitted of tender Accepted/Not
30
document acceptede

Signature of Authorised signatory

Seal of the Company

15
 APPENDIX IV
FORMAT FOR BID BOND/BID SECURITY
To :
The Shipping Corporation of India Ltd.
-------------------------

Sir,

WHEREAS _________________________ a company within the meaning of the

Companies Act, 1956, a Partnership firm having its registered office at ______________
(hereinafter called “the Bidder”) have in response to your Tender Notice No. ---------------
dated _____________ offered to execute the work as contained in Bidder’s letter
No._____________ dated _______________.

AND WHEREAS the Bidder is required to furnish to you a Bank Guarantee for the sum of
Rs./US$_______________ as Bid Bond/Bid Security against the Bidder’s offer as aforesaid;

AND WHEREAS WE (the bank) _____________________ have, at the request of the

Bidder, agreed to give you this guarantee as hereinabove contained;

NOW THEREFORE in consideration of the premises, WE, the undersigned, hereby

covenant that the aforesaid tender of the bidder shall remain open for acceptance by you
during the period of validity as mentioned in the tender or any extension thereof and if the
Bidder shall for any reason back out, whether expressly or impliedly, from his said bid during
the period of its validity or any extension thereof, WE hereby guarantee to you the payment
of the sum of Rs./US$ ______________ on demand, notwithstanding the existence of any
dispute between you or your authorized representative and the bidder in this regard AND
WE hereby further agree as follows:
(a) That you may without affecting this guarantee grant time or other indulgence to or
negotiate further with Bidder in regard to the conditions contained in the said tender
and thereby modify these conditions or add thereto any further conditions as may be
mutually agreed upon between you and the Bidder.
(b) That the guarantee hereinabove contained shall not be affected by any change in the
constitution of our Bank or in the constitution of the Bidder.
(c) That any account settled between you and the Bidder shall be conclusive evidence
against us of the amount due hereunder and shall not be questioned by us.
(d) That this guarantee commences from the date of opening of Technical bid and shall
remain in force till the Bidder, if his bid is accepted by you, furnishes the security as
required under the said specifications and executes a formal agreement as therein
provided or till 90 days from the date of opening of technical bid, as the case may be,
of the bid, whichever of these is earlier.
(e) That the expressions “the Bidder” and “the Bank” herein used shall, unless such an
interpretation is repugnant to the subject or context, include their respective
successors and assigns.
Yours faithfully,

16
 Appendix V
Draft of Performance Bank Guarantee
Ref. No. Bank Guarantee No._______________ Dated:

THIS DEED OF GUARNATEE made on the _________ day of______________ 2019

BY________ (hereinafter called “the Bank”) of the ONE PART, in favour of The Shipping
Corporation of India Ltd. Shipping House, 245 Madame Cama Road, Mumbai 400 021, India
(hereinafter called “the Contractor”) of the OTHER PART;

WHEREAS by an Agreement No. _____________ dated ________ made between

___________ carrying on business in partnership/joint venture company etc. under the
firm/co. name of ______________ at _________ (hereinafter called “the Subcontractor”) and
the said The Shipping Corporation of India Limited (“the Contractor”), the Subcontractor has
undertaken execution of all work contained in the agreement hereinbefore referred
(hereinafter called “the said contract”);

AND WHEREAS in accordance with clause _________ of the said contract the
Subcontractor is desirous of furnishing a Bank Guarantee in the sum of Rs./US$__________
towards performance of the contract valid upto 120 days beyond the date of completion of
the contract.

AND WHEREAS The Shipping Corporation of India Limited had agreed to accept a
guarantee from the said Bank on express condition that the Bank shall unconditionally and
on demand from The Shipping Corporation of India Limited and without demur pay to The
Shipping Corporation of India Limited the aforesaid sum of Rs./US$______________.

AND WHEREAS at the request of the Subcontractor the Bank has agreed to give its
guarantee as hereinafter contained;

NOW THIS DEED WITNESSETH as follows:

1. In consideration of the premises the Bank hereby undertakes to pay to The Shipping
Corporation of India Limited on demand and without protest the sum of
Rs./US$______________.
2. The Bank shall pay to The Shipping Corporation of India Limited on demand the sum
under clause 1 above without demur and without requiring The Shipping Corporation of India
Limited to invoke any legal remedy that may be available to it, it being understood and
agreed FIRSTLY that The Shipping Corporation of India Limited be the sole judge of and as
to whether the Subcontractor has committed breach or breaches, if any, of the terms and
conditions of the said contract and the extent of loss, damages, costs, charges and
expenses caused to or suffered by or that may be cause to or suffered by The Shipping
Corporation of India Limited from time to time and its demand in that regard shall be final
and binding on the Bank AND SECONDLY that the right of The Shipping Corporation of
India Limited to recover from the Bank any amount under this guarantee shall not be
affected or suspended by reason of the fact that any dispute or disputes have been raised by
the Subcontractor with regard to their liability or that proceedings are pending before any
Tribunal, arbitrator(s) or court with regard thereto or in connection therewith AND THIRDLY
that the Bank shall immediately pay the sum under clause 1 above to The Shipping
Corporation of India Limited on demand and it shall not be open to the Bank to know the

17
reasons of or to investigate or to go into the merits of the demand or to question or to
challenge the demand or to know any facts affecting the demand AND LASTLY that it shall
not be open to the Bank to require proof of the liability of the Subcontractor to pay the
amount, before paying the sum demanded under clause 1 above.
3. The guarantee shall come into force immediately and continue in force and remain valid
till 120 days after the completion of all works under the said contract, which according to the
terms of the said contract, should be 120 days from the probable date of completion viz., the
day ______ of ________. If, however, the period of the completion of the works under the
said contract is for any reason extended and upon such extension if the Subcontractor fails,
before the term of this guarantee expires, to furnish a fresh or renewed guarantee for the
extended period, the Bank shall pay to The Shipping Corporation of India Limited the said
sum of Rs./US$___________________________________ or such lesser sum The
Shipping Corporation of India Limited may demand.
4. This Guarantee shall not be affected by any change in the constitution of the Bank or of
the Subcontractor.
5. The Shipping Corporation of India Limited and the Subcontractor will be at liberty to carry
out any modifications to the said contract during the term of the said contract and any
extension thereof, and notice of such modifications and extensions to the Bank is hereby
waived by the Bank and will not affect in any manner liability of the Bank to pay to The
Shipping Corporation of India Limited under this Deed of Guarantee.
6. Notwithstanding anything hereinbefore contained, the liability of the Bank under this
Guarantee is restricted to Rs./US$ ______________ (Rs./US$ ------------- only) and the
Guarantee shall remain in force till the _________ day of ___________ 2019 unless claim or
demand under this Guarantee is presented to the Bank within six months from the date of
completion of the _____________ and thereto the Bank shall be released and discharged
from all obligations hereunder.

IN WITNESS WHEREOF

(Signature)

Full name, designation and official address (in legible letters)

with Bank

Witness No. 1 ___________________ (Signature)

Full name and official address

stamp (In legible letters)

Witness No. 2 _____________________ (Signature)

Full name and official address

(In legible letters)

18
 Appendix VI

(INTEGRITY PACT DOCUMENT)

(TO BE EXECUTED IN PLAIN PAPER)

INTEGRITY PACT

Between
The Shipping Corporation of India Limited (SCI)
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
_____________________________________. The Principal values full compliance with all
relevant laws of the land, rules, regulations, the principles of economical 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 renowned international Non-
Governmental Organization “Transparency International” (TI). The Principal will appoint
Independent External Monitors (IEMs) 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:
a. 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
self or third person, any material or non-material benefit which the person is not legally
entitled to.

b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidder(s) 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.

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

19
(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 Chief Vigilance Officer and in addition
can initiate disciplinary actions.

Section 2 – Commitments of the Bidder/Contractor

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

a. 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 other benefit which they are 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.

b. The Bidder / Contractor will not enter with other Bidder(s) 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.

c. 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.

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

e. Bidder / Contractor who has signed the Integrity Pact shall not approach the Courts while
representing the matter to IEMs and shall wait for their decision in the matter.

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

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder/Contractor, before contract award or during execution has committed a serious
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/Contractor from the tender process or take action as per the procedure mentioned in
the “Policy and Guidelines for Removal / Suspension / Banning of Entities”. Copy of the

20
“Policy and Guidelines for Removal / Suspension / Banning of Entities” is placed at (page
Nos. 6 to 15)

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
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
and / or 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 damages
claimed by the Principal, the Bidder / Contractor shall compensate the Principal only to the
extent of the damage in the amount proved.

Section 5 – Previous Transgression

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

(2) If the Bidder makes incorrect statement on this subject, the bidder can be disqualified
from the tender process and/or action can be taken as per the procedure mentioned in
“Policy and Guidelines for Removal / Suspension / Banning of Entities”.

Section 6 – Equal treatment of all Bidders / Contractors

(1) In case of sub-contracting, the Principal Contractor shall take the responsibility of the
adoption of Integrity Pact by the sub-contractor.

(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders and Contractors.

(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

21
If the Principal obtains knowledge of conduct of a Bidder, Contractor or of an employee or a
representative or an associate of a Bidder, Contractor which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform the Chief Vigilance
Officer.

Section 8 – External Independent Monitor/ Monitors

(1) The Principal appoints competent and credible Independent External Monitor(s) for this
Pact after approval by the Central Vigilance Commission. 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/her functions neutrally and independently. The Monitor would have access to all
Contract documents, whenever required. It will be obligatory for him/her to treat the
information and documents of the Bidders/Contractors as confidential. He/she reports to the
Chairman, SCI.

(3) The Bidder/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/her request and demonstration of a valid
interest, unrestricted and unconditional access to its project documentation. The same is
applicable to Subcontractors.

(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/she will so inform the Management of the Principal and request the Management to
discontinue or heal the violation, or to take other 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.

(6) The Monitor will submit a written report to the Chairman, SCI, within 8 to 10 weeks from
the date of reference or intimation to him/her by the “Principal” and, should the occasion
arise, submit proposals for correcting problematic situations.

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

(8) The word “Monitor” would include both singular and plural.

22
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 Chairman 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. Mumbai.

(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 or a consortium, this agreement must be signed by all
partners or consortium members.

(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.

(5) Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.

(6) In the event of any contradiction between the Integrity Pact and its Annexure, the Clause
in the Integrity Pact will prevail.

……………………… ........................................
For the Principal For the Bidder / Contractor
(Official Seal) (Official Seal)

Place: ............................. Witness 1: .............……………….

(Signature and Name & Address)

Date: .............................. Witness 2: ………………………..

(Signature and Name & Address)

23
 Appendix VII

The Shipping Corporation of India Ltd.

Policy and Guidelines for Removal / Suspension / Banning of Entities

1.0 Introduction.
The Shipping Corporation of India Ltd. (SCI), a premier commercial organisation, is
committed to maintaining ethics of the highest standard and adopt best industry practices in
all its activities. During the course of business, SCI transacts with various firms and
companies in their capacity as bidders / vendors / contractors / agents, hereinafter, referred
to as the ‘Entity’. SCI considers all its business dealings as a relationship and no relationship
can be built on deceit or unethical conduct. SCI in all its business dealings endeavours to
maintain fairness, transparency and it is expected that the other party to the deal will also
uphold similar code of conduct.

This guideline on banning unscrupulous elements / parties is being adopted to weed out
corrupt practices and their recurrence from the system.

Since banning of business dealings involves civil consequences for an Entity concerned, it is
incumbent that adequate opportunity of hearing is provided and the explanation, if tendered,
is considered before passing any order in this regard keeping in view the facts and
circumstances of the case. Accordingly, during the proceedings as laid down in this
document, the party / parties would be provided with ample opportunity to tender their
explanations along with documentary evidence to present their case which would be duly
considered based on the principles of natural justice. The banning guidelines are not
applicable for poor performance or any inadvertent or unintentional lapse on part of the
party.

The decision of banning any business dealings would be taken only after it is established
beyond doubt that the party has committed an act of deception, fraud or other misconduct in
the tendering process or in the execution of contracts awarded / orders issued to them.

2.0 Scope:
2.1 SCI reserves its rights to remove an entity from its list of approved suppliers / contractors
or to ban business dealings and also to suspend business dealings pending investigation if
that entity has been found to have committed misconduct.

2.2 The guiding principles and processes for

(i) Removal of an Entity from the list of approved suppliers / contractors
(ii) Suspension and

24
(iii) Banning of an entity from doing business with the Corporation,
for a specified period, are laid down herein.

2.3 These guidelines apply to all firms / bidders / vendors / contractors / agents, etc.
including those on approved panels, who have or are expected to have business dealings
with SCI, and shall extend to all units, offices, establishments, subsidiaries and vessels of
the SCI including those which get set up in future.

2.4 It is clarified that any decision of the Management to not entertain any particular entity
due to its poor / inadequate performance or for any other reason is outside the purview of
these guidelines.

2.5 Without prejudice to the claims and rights of SCI in relation to subsisting arrangements,
action under these guidelines would take effect prospectively.

3.0 Definitions:
In these Guidelines, unless the context otherwise requires:-
i. The Expression ‘Party / Contractor / Supplier / Purchaser / Customer / Bidder / Vendor /
Entity’ includes a company incorporated in law, a firm (whether registered or not), an
individual, HUF, a co-operative society or an association or a group of persons engaged in
or expected to be engaged in business dealings with SCI.

ii. ‘Inter-connected Entity’ shall mean two or more companies having any of the following
features:-
a. If any or all of the Partner(s) / Functional Director(s) are common,
b. If the Management is common,
c. If the entity is controlled or is otherwise subservient to an entity against which action under
these guidelines is taken or contemplated.

iii. ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:
a. For banning any Entity, Indian or foreign, the “Competent Authority” would be a
“Committee of Directors” comprising of the Director of the Division awarding the contract,
Director (Finance) and the Director/s of the concerned Operations Divisions.
b. The Chairman & Managing Director, SCI, shall be the ‘Appellate Authority’ in respect of
such cases.
In case the original contract has been approved by the Chairman, then, for banning of the
party, the competent authority would include the Chairman & Managing Director, Director
(Finance) and Directors of the concerned operating divisions. In such a case an Appellate

25
Authority would be the SCI Board of Directors or a committee formed by the Board for the
purpose.
For contracts where Board approval is mandatory for award, the Board or nominees of the
Board would constitute the competent authority. In such cases any appeal would also lie with
the Board.
Banning proposals initiated by the SCI branch offices would be heard by the same
authorities as mentioned at 3.0 iii (a) and 3.0 iii (b) above, and would have a company-wide
effect, unless otherwise specified by the Competent Authority.

iv. ‘Investigating Department’ shall mean any department / division / office of SCI
investigating into the conduct of the Entity and shall include the Vigilance Department,
“Central Bureau of Investigation, the State Police or any other authority or entity set up by
the Central or State Government having powers to investigate”.

v. List of ‘Approved Entities’ – shall mean and include list of approved Parties / Contractors
/ Suppliers / Purchases / Customers / Bidder / Vendor / Agents’, if registered / contracted
with SCI.

4.0 Grounds for initiation of Banning Business Dealings:

4.1 If considerations of security, sovereignty or friendly relations of the state with other
countries or reasons of trade or commercial confidence of SCI so warrant.

4.2 If any persons by whatever designation / name holding control of the entity or having
substantial influence in the affairs of the entity is convicted by a Court of Law for offences
involving moral turpitude, during the last five years.

4.3 If there is strong reason to believe that the Directors, Proprietors, Partners, Managers of
the Entity have been guilty of malpractices such as bribery, corruption, fraud,
misrepresentation of facts, interpolations or other unfair / unethical practices.

4.4 If the Entity continuously refuses to return / refund the dues of SCI without showing
adequate reason and this is not due to any reasonable dispute which would attract
proceedings in arbitration or Court of Law;

4.5 If business dealings with the Entity have been banned by the Govt. or any other Central
Public sector enterprise, then, such banning can also be extended for the same period as
banned by the concerned Govt. / CPSE.

26
4.6 If any recommendation is received from Vigilance Division to ban business dealings with
the Entity.

4.7 If the Entity has resorted to corrupt, fraudulent practices, coercion, undue influence and
other violations including misrepresentation of facts and / or fudging / forging / tampering of
documents.

4.8 If the Entity uses intimidation / threats or brings undue outside pressure on the
Corporation (SCI) or its officials in acceptance / performance of the job under the contract.

4.9 If the Entity indulges in repeated and / or deliberate use of delay tactics in complying with
contractual stipulations;

4.10 Established litigant nature of the Entity to derive undue benefit;

4.11 If the Entity misuses the premises or facilities of the Corporation (SCI), forcefully
occupies tampers or damages the Corporation’s properties including land, water resources,
forests / trees, etc.

4.12 If the Entity employs a dismissed / removed public servant or employs a person
convicted for an offence involving corruption or abetment of such offence.

4.13 Wilful indulgence by the Entity in supplying substandard material irrespective of

whether inspection was carried out by the company, its agents or its representatives.

4.14 Based on the findings of the investigation report of CBI / Police against the Entity for
malafide/unlawful acts or improper conduct on the Entity’s part in matters relating to SCI or
even otherwise.

4.15 Continued poor performance of the Agency in several contracts.

(Note: The examples given above are only illustrative and not exhaustive. The Competent
Authority may decide to ban business dealings for any good and sufficient reason).

5.0 Initiation of Banning / Suspension:

The contracting Department on receiving request to ban the Entity on any of the above
grounds (as listed under clause 4) will initiate the banning process by forming a Committee
comprising of Representatives from concerned User Division, Contracting Division, Finance

27
Division. The User / Reporting Division to provide all relevant facts / material to the contract
initiating Department / Division which will present it to the aforementioned Committee. The
Committee so formed will study the case and then submit its recommendations to the
Competent Authority to decide on banning the Entity from all dealings with SCI. The
Competent Authority would comprise of Director of the Division awarding the contract,
Director (Finance) and Director of the concerned Operating Division. C&MD would be the
Appellate Authority.

6.0 Suspension of Business Dealings during Investigation period:

6.1 If the conduct of any Entity dealing with SCI is under investigation, the Investigating
Department will inform the concerned Divisional Director, who in turn will convene a meeting
of the Competent Authority. The Vigilance Department will be informed as well, and the
Chief Vigilance Officer can send his recommendations to the Competent Authority based on
the same.

6.2 The Competent Authority may consider whether the allegations (under investigation) are
of a serious nature and whether, pending investigation, it would be advisable to continue
business dealings with the Entity. If the Competent Authority, after consideration of the
matter, including the recommendations of the Investigating Department (if any), decides that
it would not be in the interests of the Corporation to continue business dealings pending
investigation, it may decide in favour of suspending business dealings with the Entity. The
report of the Competent Authority must be submitted to the CMD, SCI, within 21 days from
the receipt of the reference by the concerned Divisional Director and within the effective date
of suspension.

6.3 The order of suspension will be passed by the concerned Divisional Director and would
operate for a period of not more than six months from the date of issuance of such order,
and may be communicated to the Entity as also to the Investigating Department.

6.4 The Investigating Department must ensure that their investigation is completed and the
whole process of final order is over within such period. However, if investigations are not
completed in six months’ time, the Competent Authority may extend the period of
suspension by another three months, during which period the investigations must be
completed.

6.5 The order of suspension shall be communicated to all Departments / Divisions / branch
offices of SCI. During the period of suspension, no business dealing may be held with the
Entity.

6.6 As far as possible, other existing contract(s) with the Entity may continue, unless the
Competent Authority, having regard to the circumstances of the case, decides otherwise.

28
6.7 If the Entity concerned asks for detailed reasons of suspension, the Entity may be
informed that its conduct is under investigation. It is not necessary to enter into
correspondence or argument with the Entity at this stage.

6.8 It is not necessary to give any show-cause notice or personal hearing to the Entity before
issuing the order of suspension.

7.0 Banning of Business Dealings:

7.1 A decision to ban business dealings with any Entity shall normally apply throughout SCI,
unless otherwise specified by the Competent Authority. The Competent Authority may
restrict the ban to a Division/s or branch Office/s if in the particular case, banning of business
dealings by the respective Unit will serve the purpose and achieve its objective and banning
throughout the Corporation is not required in view of the local conditions and limited impact
of the misconduct / default.

7.2 There will be an Investigating Committee in each Division / branch office, to be appointed
by the Divisional Director, for processing cases of “Banning of Business Dealings”. The
committee shall consist of officers from the Indenting Division, the concerned DFO and the
Contract Officer responsible for invitation of bids. The functions of the committee shall, inter-
alia include:

(i) To examine and report material and other circumstances to determine whether or not if a
prima-facie case for banning exists.
(ii) To recommend for issue of show-cause notice to the Entity by the concerned department
as per clause 9.1.
(iii) To examine the reply to show-cause notice and call the Entity for personal hearing, if
required.
(iv) To submit recommendations to the Competent Authority for banning or otherwise.

7.3 If the Competent Authority is prima-facie of the view that action for banning business
dealings with the Entity is called for, a show-cause notice may be issued to the Entity as per
paragraph 9.1 and an enquiry held accordingly.

8.0 Removal from List of Approved Entities - Suppliers/Contractors, etc.:

8.1 If the Competent Authority decides that the charge against the Entity is of a minor nature,
it may consider removing the name of the Entity from the list of approved Entities – Suppliers
/ Contractors, etc. – without recourse to an outright ban.

29
8.2 The effect of such an order would be that the Entity would not be disqualified from
competing in Open Tender Enquiries, but would not be considered for limited tender
enquiries.

8.3 Past performance of the Entity may be taken into account while processing for approval
of the Competent Authority for awarding the contract.

9.0 Show-cause Notice:

9.1 In case where the Competent Authority decides that action against an Entity is called for,
a show-cause notice has to be issued to the Entity. A statement containing the imputation of
misconduct or misbehaviour may be appended to the show-cause notice and the Entity
should be asked to submit within 15 days a written statement in its defence.

9.2 On request from the Entity, necessary facility will be provided for inspection of relevant
document/s in possession of SCI that establishes the grounds for banning (under clause 4).

9.3 The Competent Authority may consider and pass an appropriate order:

a. For exonerating the Entity, if the charges are not established or

b. For removing the Entity from the list of approved Suppliers / Contactors, etc. or
c. For banning business dealings with the Entity.

9.4 The period for which the ban would be operative may be mentioned in the order. It
should also state explicitly that the ban would extend to the Inter-connected Entities.

10.0 Appeals against the Decision of the Competent Authority:

10.1 The Entity may file an appeal against the order of the Competent Authority banning
business dealing etc. The appeal shall be filed to the Appellate Authority. Such an appeal
shall be preferred within one month from the date of receipt of the order banning business
dealing, etc.

10.2 The Appellate Authority would consider the appeal and pass appropriate orders which
shall be communicated to the Entity as well as the Competent Authority.

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11.0 Review of the Decision by the Competent Authority
Any petition / application filed by the Entity concerning the review of the banning order
passed originally by Competent Authority under the existing guidelines either before or after
filing of appeal before the Appellate Authority or after disposal of appeal by the Appellate
Authority, the review petition can be decided by the Competent Authority upon disclosure of
new facts / circumstances or subsequent development necessitating such review. The
Competent Authority may refer the same petition to the Standing Committee for examination
and recommendation.

12.0 Circulation of the names of Entities with whom Business Dealings have been
banned:

12.1 The banning order will be issued to the Entity by the concerned contracting Divisional
Director. It will also be circulated to all the Divisions and branch offices of the
Corporation and the names of the banned entities will be posted on the SCI website.

12.2 Depending upon the gravity of misconduct established, the Competent Authority of the
Corporate Office may circulate the names of the Entity with whom business dealings have
been banned, to Government Departments, other Central Public Sector Enterprises, etc. for
such action as they deem appropriate.

12.3 If a Government Department or a Central Public Sector Enterprise requests for more
information about the Entity with whom business dealings have been banned, a copy of the
report of Investigating Department together with a copy of the order of the Competent
Authority/Appellate Authority may be furnished.

12.4 If business dealings with any Entity have been banned by the Central or State
Government or any other Central Public Sector Enterprise, SCI may, without any further
enquiry or investigation, issue an order banning business dealing with the Entity and its inter-
connected Entities.

13.0 These guidelines will form part of the Tender document

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 APPENDIX VIII
FORMAT OF AGREEMENT BETWEEN BIDDER AND THEIR PARENT COMPANY) (TO
BE MADE ON STAMP PAPER OF REQUISITE VALUE AND NOTORISED)

SUBCONTRACT NO. 9000022553 for appointment of Subcontractor for arrangement of

manning other than regular marine manning on board ONGC’s MODU “Sagar Vijay” &
“Sagar Bhushan”

1.1 This Subcontract is made and entered into this _____ day of_______________ 2019
by and between The Shipping Corporation of India Limited, a company registered
under the Indian Companies Act, 1956 and having its registered office at Shipping
House, 245, Madame Cama Road, Mumbai – 400 021, and it’s Technical and
Offshore Services Division at 5th Floor, Shipping House, 245, Madame Cama Road,
Mumbai – 400 021 hereinafter called as the “Contractor” (which expression shall
mean and include its administrators, executors, successors and permitted assignees)
on the one part and M/s ------------------------hereinafter called the “Subcontractor”,
(which expression shall mean and include its administrators, executors, successors
and permitted assignees) on the other part.

1.2 WHEREAS M/s. Oil & Natural Gas Corporation Ltd. (hereinafter referred to as ONGC
/ Owner) owns MODU “Sagar Vijay” / “Sagar Bhushan”. The Owner have entrusted
Operations and Maintenance Management (O&M) contract of this MODU “Sagar
Vijay” / “Sagar Bhushan” to the Contractor (SCI) on nomination basis and presently
the Contractor is providing services mentioned herein the contract.

1.3 The Contractor undertakes to provide Marine & manpower onboard MODU’s “Sagar
Vijay” / “Sagar Bhushan” as per required manning of the respective MODUs and
procurement assistance for the project management to the Owner for the O&M of the
respective MODUs and fulfill the respective scope of work for the subject MODUs
placed at ANNEXURE-III.

1.4 AND WHEREAS The Shipping Corporation of India Ltd., the Contractor had invited
quotations from internationally reputed Manning Companies to submit their offers for
undertaking to provide manpower excluding marine manpower on regular as well as
call out basis, as detailed in ANNEXURE- III, hereinafter referred to as ‘Services’.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

2.0 In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract hereinafter referred to.

3.0 The Subcontract shall consist of this form of Agreement and the following
documents, all of which by this reference are incorporated herein and made part
hereof.

The following Annexure form part of the Subcontract:

ANNEXURE – I: GENERAL TERMS AND CONDITIONS OF CONTRACT (GCC)

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 ANNEXURE – II: SPECIAL CONDITIONS OF CONTRACT (SCC) SPECIFIC TO
THE MODU.

ANNEXURE- III: TECHNICAL SPECIFICATION AND SCOPE OF WORK

(TS&SOW) SPECIFIC TO THE MODU.

ANNEXURE-IV: COPY OF LOA DATED ----------------

ANNEXURE-V: COPY OF CORPORATE GUARANTEE

ANNEXURE-VI: INTEGRITY PACT

ANNEXURE-VII: BANNING GUIDELINES

4.0 This Subcontract including Annexure-I (GCS) alongwith Annexure-II (SCS) and
Annexure-III (TS & SOW) shall be taken as complementary and mutually explanatory
of one another and shall be treated as integral parts of the Agreement.

5.0 In consideration of the payment to be made by the Contractor to the Subcontractor

as hereinafter mentioned, the Subcontractor hereby covenants with Contractor to
execute and complete the job as per ANNEXURE-III in conformity in all respects with
the provisions of the Subcontract.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE HEREUNDER SET THEIR

RESPECTIVE HANDS THE DAY AND YEAR HEREIN ABOVE WRITTEN

FOR AND ON BEHALF OF FOR AND ON BEHALF OF

(CONTRACTOR) (SUBCONTRACTOR)

Witness: Witness:

1. 1.

2. 2.

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 ANNEXURE – I

GENERAL TERMS AND CONDITIONS

1.0 Following General terms and conditions are applicable to this Subcontract entered
with the Subcontractor for vessels of the Owner as brought out at Annexure II:

2.0 Definitions
Unless inconsistent with or otherwise indicated by the context, the following terms
stipulated in this Contract shall have the meaning as defined hereunder.

2.1 Contract & Subcontract:

Contract: shall mean a written Contract signed between Owner and the Marine
contractor including subsequent amendments to the Contract in writing thereto for
each MODU and Subcontract: shall mean a written Contract signed between Marine
contractor (SCI) and Subcontractor including subsequent amendments to the
Contract in writing thereto for each MODU.

2.2 Owner / ONGC

Shall mean Oil & Natural Gas Corporation Ltd., India and shall include its legal
representatives, successors and permitted assignees

2.3 Owner's Representatives / Vessel In-Charge

Owner’s Representative: Wherever applicable, the Owner shall designate and
maintain on the vessel an individual as its authorized representative(s) for the
purpose of overseeing the operation of this Contract.

Vessel in-charge: Wherever applicable, the Owner shall designate and maintain
ashore an individual as its authorized representative(s) for the purpose of overseeing
the operation of this Contract.

2.4 Contractor / SCI:

Shall mean The Shipping Corporation of India Ltd., India and shall include its legal
representatives, successors and permitted assignees.

2.5 Contractor's Representative:

The Contractor shall designate and maintain on the vessel an individual as its
authorized representative for the purpose of the operation of this Contract. The
Contractor reserves the right to change this representative after notifying the Owner.
The representative shall be from among the team on board.

2.6 Subcontractor:
The Subcontractor means M/s. ---------------------------, and shall include its legal
representatives, successors and permitted assignees.

2.7 Subcontractor's Representative:

The Subcontractor shall designate and maintain on the vessel an individual as its
authorized representative for the purpose of the operation of this Contract. The

34
 Subcontractor reserves the right to change this representative after notifying the
Contractor/Owner. The representative shall be from among the team on board.

2.8 "Work" means the scope of work to be performed by Subcontractor under this
agreement.

2.9 "Day" means a calendar day of twenty four (24) consecutive hours beginning at
0000 hours (midnight) and ending at 2400 hours (midnight following) as referred to
the local time at the site.

2.10 "Third Party" means any group, Company, person or persons who may be engaged
in activity associated with the work specified but who shall remain at arm's length
from the work and who shall not have a direct responsibility or authority under the
terms of this Contract.

2.11 "Approval” as it relates to Owner’s / Contractor’s written approval.

2.12 "Facility" means all property of the Owner, which is or will be a part of the Owner.

2.13 "Contract Price" means the sum named in the substantive article in the Contract
subject to any additions thereto or deductions there from which may be made under
the provision of the Contract.

2.14 "Site" means the lands/water and other places on, under or through which the
operations are to be carried out under this Contract.

2.15 "Operation" means rendering the different types of services on MODU as specified in
the scope of work. The vessel may be required to carry out drilling operation, as may
be required.

2.16 Breakdown / Downtime / Penalties: This will be governed as per Special

Conditions of Subcontract (SCS) placed at ANNEXURE - II.

2.17 "Vessel” / “MODU” means and includes MODU “Sagar Vijay” & “Sagar Bhushan”
which are wholly owned by the Owner and managed by the Contractor.

2.18 Mobilization: Mobilization means bringing the complete Manning, personnel / Crew
at the vessel, as per the scope of work and ready to begin work at site designated by
Contractor after ONHIRE survey. The date and time of acceptance of ONHIRE
survey by Contractor will be treated as the date and time of Mobilization.

2.19 Demobilization: Shall mean the removal of all things forming part of the mobilization
from the vessel. The date and time of OFFHIRE survey shall be treated as the date
and time of demobilization.

2.20 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;

35
 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.

3.0 Scope of Work

3.1 Duties Expected From the Vessel
As per ANNEXURE III

3.2 Supplies and Services to Be Provided By the Owner at Its Cost

As per ANNEXURE II

3.3 Crew Composition and Experience

As per ANNEXURE III

3.4 Crew Change

As per ANNEXURE II

4.0 Notices and Addresses

As per ANNEXURE II

5.0 Duration of the Contract

As per ANNEXURE II

6.0 Meetings
As per ANNEXURE II

7.0 Reports
As per ANNEXURE II

8.0 Remuneration and Terms of Payment

8.1 The Subcontractor shall prepare daily reports in triplicate of the number of categories
of Subcontractor personnel as per the approved regular and call-out crew against
authorization of Contractor’s / Owner’s representative and submit them for approval
to the Contractor’s / Owner’s Representative / Owner’s Vessel in-charge who shall
sign the said report indicating approval (which shall not be unreasonably withheld) or
shall state the reasons for non-approval and return two copies to the Subcontractor
within 10 days of submission.

i) Subcontractor shall be paid as per schedule of rates ANNEXURE III, for regular and
call out personnel / equipment from the day of sign on at rig to the day of sign off
from rig for applicability of day rates. No day rate shall be payable for reaching
operating base in East Coast & West Coast i.e. for the period of journey from
nominated base to either operating base.

36
 ii) The Owner shall normally provide helicopter assistance for transportation of crew to
& from Offshore from ONGC’s helibase. The crew may be transported by supply
boats if the situation so warrant.

8.2 Once approval is given by the Contractor / Owner representative / Vessel in-charge,
the Subcontractor shall submit the manning invoices to the Contractor. The
Contractor shall pay the Subcontractor under the terms and conditions contained in
this Contract, the applicable day rates as mentioned in APPENDIX-I for regular and
call out roustabouts. All payments due according to the Contract arising from such
approval shall be paid by the Contractor within 30 days from the date of receipt of
invoices from the Subcontractor. Subcontractor has to submit following along with the
manning invoices;
i. Wherever applicable, the subcontractor shall submit to the contractor, copy of
proof of payment of EPF / ESI towards subcontractor’s personnel’s wages.
ii. Undertaking by the subcontractor regarding compliance of all statutes as per
Industry wage agreement.
iii. Undertaking by the subcontractor stating that their personnel’s have been
paid not less than minimum wages.
iv. Undertaking by the subcontractor stating that subcontractor has paid the
applicable taxes to the Indian Tax Authority as it may require under this
Contract.

8.3 In the event of dispute in an invoice, Contractor shall make payment of undisputed
invoices to the Subcontractor within 30 days from receipt of invoices from the
Subcontractor and shall inform the Subcontractor for the remaining invoice (disputed)
in order to mutually resolve the dispute and if resolved in part or in full, payment shall
be made to the Subcontractor within 30 working days, from the date of resolvement
of dispute.

8.4 Personnel Rates: As per Price bid.

8.5 Normally the regular crew strength will be required during the period of the Contract.
However, Owner may, at any time, at its discretion, request a reduction in the crew
without jeopardizing the safety of the vessel. Demobilization will be done by giving 6
days notice. Productivity level will be mutually decided on such reduction.

8.7 Subcontractors personnel / Equipment may be transferred to other installation /

vessel at Owner’s / Contractor’s discretion. Such transfer if needed shall be mutually
discussed and agreed upon, to avoid safety / insurance related problem.

8.8 Notwithstanding anything contained herein to the contrary, Subcontractor agrees that
the laws regarding employment and welfare of its personnel be complied by him
without any liability whatsoever to Contractor/Owner.

8.9 Owner / Contractor will have the full right for good cause to ask the removal of any of
Subcontractor personnel either for incompetency, unreliability or misbehaviors, etc.
while onboard the vessel. The Subcontractor will replace such personnel at their
expenses. The Subcontractor will be allowed a maximum of 5 working days to

37
 replace such persons by competent persons at their cost. The repatriation cost will
be recovered by directly deducting from the monthly invoice or Subcontractor would
make the payment of downtime penalty to Contractor (SCI) by pay order/demand
draft. However, The Owner shall normally provide helicopter assistance for
transportation of crew to & from Offshore from Owner’s helibase. The crew may be
transported by supply boats if the situation so warrant. Any delay till replacement of
crew shall be on Subcontractors account. In case Subcontractor fails to replace such
personnel as requested by the Owner / Contractor within stipulated 5 working days,
then no payment will be made in respect of these personnel from the day of request
of removal. Any shortage of personnel will be governed by clause 8.10.

8.10 When the vessels performance / operational capability is affected by shortage of the
marine crew to be provided by Subcontractor, the relevant clause of penalty will be
applicable as per clause 7 of Annexure II. For such shortage of manpower the
amount shall be deducted at the end of the financial year from the account of
Subcontractor.

The penalty or corresponding deduction in case of loss of operational capability due

to such shortage may be waived by Owner / contractor on merit of each case under
following situations:
a) Non availability of transport from base to offshore
b) Medical evacuation of person(s) from the vessel.
c) Sudden evacuation of person (s) from the vessel under instructions of Owner.
d) Any other reason to the satisfaction of Owner.

The shortage on account of above reason shall be made up by the Subcontractor by

duly qualified and approved replacement within a period of 5 working days, beyond
which the penalty as mentioned above or corresponding deduction as per Clause
25.0 of Contract in case of loss of operational capability would apply.

9.0 Taxes
9.1.A Subject to production of requisite documents such as copy of challan and/or
certificate as may be required to the satisfaction of owner, the Owner shall reimburse
all actual costs including applicable taxes/levies/duties (Including Goods and
Service Tax (GST), if applicable), including Custom duty element of operational
consumables, spares, which may be incurred or become payable by the Contractor
for undertaking the O&M of the Owner’s Vessel.

9.1.B SUB-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 SUB-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 SUB-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.

SUB-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 SUB-

38
 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:
(i) Name, Address and the GST Registration Number (under the relevant Tax
Rules) of the Service Provider (Sub-contractor)
(ii) Name and Address and GST Registration Number of the Service Receiver
(Address of SCI)
(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, Sub-contractor/supplier is required to provide
original Bill of entry or copy of Bill of Entry duly attested by Custom authority.
(v) The Sub-contractor should mention the Place of supply in the invoice raised
under GST Law.
(vi) SCI 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 SCI.

9.2 Corporate Taxes

The Subcontractor shall bear all Corporate Taxes, levied or imposed on the
Subcontractor on account of payments received by it from the Contractor for work
done under this Contract. It shall be the responsibility of the Subcontractor to submit
to the concerned Indian Income tax Authorities, the returns and all other connected
documents required for this purpose and to comply in all respects with the
requirements of the laws in this regard, in time. Should the Subcontractor fail to
provide such information and/or returns to the tax authority in India, in time and
consequently any penalties, interest and/or other levies are imposed on the
Subcontractor/Contractor/Owner, such amounts shall be payable by Subcontractor.

9.3 Personnel Taxes

The Subcontractor shall bear all Personnel Taxes in India levied or imposed on its
personnel, any third party and their personnel etc. on account of payment received
by Subcontractor under this Contract. It shall be the responsibility of the
Subcontractor to submit to the concerned Indian tax authorities the returns and all
other connected documents required for this purpose and to comply in all respects
with the requirements of the laws in this regard, in time. Subcontractor agrees to
protect and hold Contractor / Owner harmless from any taxes levied, imposed or
assessed on Subcontractor and/or its third parties and their personnel.

9.4 The Subcontractor shall also provide the Contractor / Owner the details of payment
of taxes to Indian Tax Authority as it may require under this Contract for this purpose.
Should the Subcontractor fail to provide such information to the Contractor / Owner
or the tax department in time and consequently any penalties interest and / or other
levies are made either on the Subcontractor, Contractor or on Owner, such amounts
shall be payable by Subcontractor. Further, contractor has the right to withheld the

39
 future payments to the subcontractor, till the receipt of details of payment of taxes to
Indian Tax Authority for the payment of wages to their personnel’s.

9.5 If it is so required by the applicable laws in force at the time of the payment, the
Contractor shall withhold from the amount due to the Subcontractor and pay to the
Indian Tax authorities any tax levied or assessed on account of the Subcontractor's
operations pursuant to this Subcontract.

9.6 For clarity and not for limiting the generality of the foregoing, it is agreed that the
Subcontractor shall pay (and the Subcontractor's compensation provided for
hereunder includes allowance) for any and all liabilities or claims for taxes applicable
under this Subcontract, which may be assessed or levied by tax authority, (including
any political subdivision claiming jurisdiction over this contract) against the
Subcontractor on account of or resulting from the Subcontractor's operations,
pursuant to this Subcontract including but not limited to all income, excess profit, or
other taxes on Subcontractor's earnings, all taxes assessed or levied against or on
account of salaries or other benefits paid to the Subcontractor's employees, all taxes
assessed or levied against on account of any property or equipment (including
materials and consumable supplies) of the Subcontractor including customs duties
and import and re-export taxes, all taxes assessed/levied against or on account of
the value of the services performed by Subcontractor under this contract.

10.0 Verification of character and antecedents of Contractual Manpower

In all contracts involving deployment of Subcontractor’s manpower within ONGC’s
premises like plants, offices, installations, rigs, and stock yards etc., the
Subcontractor shall submit to ONGC prior to start of work, the certified photocopies
of Police verification certificates for inspection by the authorized representative of
ONGC. The Subcontractor 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.

11.0 Performance Bank Guarantee

The Subcontractor shall furnish to the Contractor Performance Bank Guarantee(s) for
MODU for an amount equivalent to 10% of annual contract value for each MODU as
per proforma provided by Contractor, in favour of the Contractor, and shall be valid
for a period till 120 days after expiry of contract period towards compliance of
performance of the Subcontractor’s obligations and responsibilities as detailed in the
Subcontract.

In the event, the Subcontractor fails to honour any of the commitment entered into
under this agreement and or in respect of any amount due from the Subcontractor to
the Contractor, the Contractor shall have unconditional option under the Performance
Bank guarantee to invoke the guarantee and claim the amount from the
Subcontractor. The Subcontractor shall be obliged to pay the amount to the
Contractor on demand.

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12.0 ARBITRATION
During currency of Contract, following arbitration clause will be applicable.
a) If any dispute, difference, question or disagreement shall at any time arise between
the parties hereto or the respective representatives or assignees in connection with
or arising out of the Contract or in respect of meaning of specifications, design,
drawings, estimates, schedules, annexure, order, instructions, the construction,
interpretation of this agreement, application for the provisions thereof or anything
hereunder contained or arising hereunder or as to the rights, liabilities or duties of the
said parties hereunder or any matter whatsoever incidental to this Contract whether
arising before or after the completion of the work under this Contract, which cannot
be mutually resolved by the parties, the same shall be referred to arbitration.
b) The party desiring the settlement of dispute shall give notice of its intention to go in
for arbitration clearly stating the point of dispute to be decided by arbitrators and
appoint its arbitrator and call upon the other party to appoint its own arbitrator within
30 days. If the other party fails to appoint its own arbitrator within stipulated period or
the two arbitrators fail to appoint the Umpire, the Court having jurisdiction shall
appoint the second arbitrator and/or Umpire as the case may be.
c) The reference to arbitration shall be to two arbitrators and in case of disagreement on
a point under reference; the arbitrators shall make a reference to the Umpire who
should be appointed by the arbitrators before proceeding with the arbitration
proceedings. The decision of the arbitrators and failing to an agreed decision by
them, the decision of the Umpire shall be final and binding on the parties.
d) If the arbitrator or Umpire to whom the matter is originally referred to dies or refuses
to act or resigns from the position of arbitrator or Umpire for any reason, a new
arbitrator/Umpire shall be appointed by the respective parties/arbitrators in the
manner aforesaid. The new arbitrator/arbitrators or new Umpire shall be entitled to
proceed with reference from the stage at which it was left by his predecessor if both
the parties consent to this effect, failing which they will be entitled to proceed de-
novo.
e) It is further term of the Contract that no person other than the person appointed as
aforesaid shall act as an arbitrator/Umpire and that, if for any reason that is not
possible, the matter is not to be referred to the arbitration at all.
f) The arbitrators or the Umpire may from time to time, with written consent of all the
parties to the Contract enlarge the time to make and publish their or his award.
g) It is also a term of the Contract that the Subcontractor shall not stop the work under
this Contract and the work shall continue as expected to continue whether the
arbitration proceedings have commenced or not.
h) The arbitrators or the Umpire, as the case may be, shall decide by whom and in what
proportions the arbitrators/Umpires fee as well as cost incurred in arbitration shall be
borne.
i) The arbitrator shall be deemed to have entered on the reference on the date they
appoint an Umpire.
j) The arbitrators/Umpire shall give speaking and reasoned award in respect of each
dispute or difference referred to him the award as aforesaid shall be final, conclusive
and binding on all the parties of this Contract in accordance with the law.
k) The venue of the arbitration shall be Mumbai. Subject to the aforesaid, the
provisions of and any statutory modifications or re-enactments thereof and rules

41
 made there under for the time being in force shall apply to the arbitration proceedings
under this clause.
l) It is understood between the parties that the provisions mentioned in Clause 12.0
above regarding settlement of dispute shall be applicable only in case there is a
dispute exclusively between the Contractor and the Subcontractor under this
subcontract. However, in case there is a dispute between ONGC and the Contractor,
under the Main Contract, the same shall be resolved as per the provision of the Main
Contract, viz. in accordance with the procedure for settlement of disputes between
the two Public Sector Undertakings. The decision of the arbitrator under the Main
Contract shall be accepted as final, conclusive and binding upon the Subcontractor
for the scope of work of the Subcontractor.

13.0 Liability of Government of India

It is expressly understood and agreed by and between the contractor (SCI, an Indian
PSU) and Owner (ONGC, an Indian PSU) and Subcontractor, that Subcontractor is
entering into this agreement solely on its own behalf and not on behalf of any other
person or entire. 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 SCI/ONGC (the Indian PSU) is
an independent legal entity with power and authority to enter into contracts solely in
its own behalf under the applicable laws of India and general principles of Contract
Law. The Subcontractor expressly agrees acknowledges and understands that
Contractor / Owner 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, commission, breaches or other wrongs arising out of the
contract. Accordingly, Subcontractor hereby expressly waives, releases and foregoes
any and all actions, or claims, including cross claims, impleader claims or counter
claims against the Govt. of India arising out of his contract and covenants not to sue
the Govt. of India as to any manner, claim cause of action or thing whatsoever arising
out of or under this agreement.

14.0 Insurance
14.1 The Subcontractor shall at its own expense carry Workmen’s Compensation
Insurance as required and Employer Liability Insurance from an approved insurance
company, for all categories of personnel which may be deployed by Subcontractor for
the performance of marine services work scope onboard the MODU as per industry
wage agreement. Subcontractor shall obtain from its underwriters of such insurance,
waiver of subrogation in favor of Owner and the Contractor. Upon request by the
Contractor, the Subcontractor will furnish a copy of the insurance policy, evidencing
that coverage as required has been obtained.

14.2 Waiver of subrogation: All insurance policies of the SUBCONTRACTOR with respect
to the operations conducted, shall be endorsed by the underwriter in accordance with
the following policy wording: - “The insurers hereby waive their rights of subrogation
against any individual, ONGC / SCI, affiliates or assignees for whom or with whom
the assured may be operating to the extent of the Contractual indemnities
undertaken by the SUBCONTRACTOR”.

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14.3 Deductible: - That portion of any loss not covered by insurance provided for in this
article solely by reason of deductible provision in such insurance policies shall be to
the account of the SUBCONTRACTOR.

15.0 Indemnity Agreement:

For the purpose of this clause “OWNER’s Group” shall mean the OWNER and its
contractors and Subcontractors including co-venture’s and customers (having a
contractual relationship with the Owners, always with respect to the job or project in
which the vessel is employed) and Employees of any of the foregoing. For the
purpose of this clause “CONTRACTOR’s Group” shall mean the CONTRACTOR and
its contractors and Subcontractors and Employees of any of the foregoing.

15.1 Indemnity by Subcontractor:

Subcontractor shall indemnify and keep indemnified Contractor / Owner, their
contractors (other than the Subcontractor, themselves) and its/their employees from
all actions, proceedings, suits, claims, demands, liabilities, damages, losses, costs,
charges, expenses, judgements and fines arising out of or in the course of or caused
during the execution of work under the Subcontract from:
a) personal injury, illness or death of :
i) any of Subcontractor’s personnel (even if caused by or contributed to by the
negligence or fault of Contractor or Owner); and
ii) any to the extent the injury, illness or death is caused by the negligence or fault of
the Subcontractor or Subcontractor’s personnel; and
b) loss or damage to :
i) any property owned, hired or supplied by Subcontractor or Subcontractor’s
personnel including constructional plant (even if caused by, or contributed to by,
the negligence or fault of the Contractor or Owner); or
ii) Subject to clause 15.2(b) (i) any other property to the extent the loss or damage
is caused by the negligence or fault of the Subcontractors or Subcontractor’s
personnel.

15.2 Indemnity by Contractor

Contractor shall indemnify and keep indemnified Subcontractor (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, judgements and fines arising from:
a) personal injury, illness or death of
i) any employee of the Contractor/Owner and/or their contractors, Subcontractors
(other than the Subcontractor) and its/their employees (even if caused by or
contributed to by the negligence or fault of Subcontractor ;
ii) subject to the clause 15.1(a) (i) any other person to the extent that the injury,
illness or death is caused by the negligence or fault of Contractor/Owner; and

b) any loss or damage to :

i) any property owned, hired or supplied by Contractor/Owner (even if caused by or
contributed to by the negligence or fault of Subcontractor); except to the extent

43
 that such property is in the care or custody of SUBCONTRACTOR in connection
with the work under the CONTRACT
ii) subject to clause 15.1(b) (i) any loss or damage to any property to the extent the
loss or damage is caused by the negligence or fault of Contractor/Owner.

16 The Owners shall be liable for, and agree to indemnify, defend and hold harmless the
Marine Contractor and its Subcontractors against all claims, costs, expenses,
actions, proceedings, suits, demands and liabilities whatsoever arising out of actual
or potential pollution and the cost of clean up or control thereof arising from acts or
omissions of the Owners or their personnel which cause or allow discharge, spills or
leaks from the vessel (except as may emanate from cargo thereon or therein). The
consumption of alcohol, drugs and photography are strictly prohibited onboard
vessels, Rigs and well platforms. Any breach of this discipline shall be viewed
seriously and personnel found guilty shall be deported. The subcontractor shall
replace any of his employees who violate the provision of this clause.

17. Jurisdiction and Applicable Law

This agreement including all matters connected with this Contract shall be governed
by the Indian Law both substantive and procedural, for the time being in force and
shall be subject to the exclusive jurisdiction of Indian courts at Mumbai.

18.0 Performance of the Work (Rate of Progress)

Subcontractor shall submit daily progress report about various aspects of vessel
management as per the scope of work. The periodicity of such reports may be
changed by the Owner / Contractor at its option. Should the rate of progress of the
operations or any part of them be at any time too slow in the opinion of the
Contractor / Owner, to ensure the completion of the operations by the prescribed
time or extended time for completion, the Owner’s / Contractor’s Representative may
so notify the Subcontractor in writing. The Subcontractor shall reply to the written
notice giving details of the measures he proposes to take to expedite operations in
time. If no reply to Owner’s / Contractor’s representative’s notice is received within a
period of seven days, the Contractor/Owner shall be free to take any action deemed
fit under the terms of the Contract including application of down time provision or
termination of the Contract.

19.0 Non-Waiver
Any failure by either party at any time, or from time to time to enforce or require the
strict keeping and performance of any of the terms and conditions of this Contract, or
to exercise a right hereunder, shall not constitute a waiver of such items, conditions,
or rights and shall not affect or impair the same, of the right of such party at any time
to avail itself of same at any subsequent time during the course of the Contract.

20.0 Secrecy
Subcontractor 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 authorized in writing by Contractor / Owner, divulge or grant access to any
information about the work or its results and shall prevent anyone becoming
acquainted with such, either through Subcontractor or its personnel or its authorized

44
 Subcontractors or agents. Subcontractor shall not avail itself of the information
obtained in the course of work hereunder in any manner, whatsoever, nor shall
Subcontractor divulge any information about the location of the work area or part
thereof. Subcontractor shall also destroy any report, note and technical data relating
to the operation work and not required by Contractor / Owner. The obligation is
continuing one and shall survive after the completion / termination of this agreement /
Contract.

21.0 Safety and Labour Laws:-

21.1 Subcontractor shall comply at its own cost with the provision of all applicable laws
including Labour Laws, rules, regulations and notifications issued there under from
time to time. All safety and labour laws enforced by statutory agencies and by
Owner/Contractor shall be applicable in the performance of this Contract and
Subcontractor shall abide by these laws.

21.2 Subcontractor shall take all measures necessary or proper to protect the personnel,
work and facilities and shall observe safety rules and regulations of Owner (including
code of practice for Drilling operation, wherever applicable). No smoking or open
flames shall be permitted on Vessel and nearby except in areas marked by
Contractor and approved by Owner. The welding jobs shall be carried out with full
safety precautions. The necessary guidelines shall be provided to the Subcontractor,
wherever applicable. Owner’s/Contractor’s employees shall also comply with safety
procedures/policies as per SMS manual. Personnel will obey to lawful command of
the vessel and participate in all safety procedures/policies.

21.3 The Subcontractor shall report as soon as possible any evidence which may indicate
or is likely to lead to an abnormal or dangerous situation and to immediately take the
emergency control steps to avoid any abnormal situations.

21.4 Persons to be deputed for carrying out jobs at offshore under contract must have
undertaken trainings in compliance with latest STCW & any other applicable statutory
requirements, egg. Offshore survival, PST,PSSR, First aid, Elementary first air,
Safety and basic Fire fighting training certificate (STSDSD) / Fire Prevention and Fire
Fighting (FPFF) / Advanced Fire Fighting (AFF), FFA, HUET, H2S Certificate. All
marine crew members/ personnel must have undertaken HUET training. Persons
without above training will not be allowed to go to offshore under contract. All
contract persons must keep a valid certificate along with them while onboard the
vessel.

22.0 Governing Language

All documents produced by the Subcontractor and the Contractor/Owner in the
performance of this Contract, as well as all written communications between the
Contractor/Owner and the Subcontractor are to be written in the English Language
which is hereby designated as the Governing language of the Contract.

23. Termination
23.1 Termination on expiry of the Contract

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 This Contract shall be deemed to have been automatically terminated on the expiry
of this Contract between Contractor and the Subcontractor or expiry of Main Contract
between Owner and Contractor, whichever is earlier, unless the Owner has
exercised its option to extend this Contract in accordance with the provisions, if any,
of this Contract.

23.2 Termination on account of insolvency

In the event the Subcontractor or its collaborators 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 Contractor shall, by a notice in
writing have the right to terminate this Contract and all the Subcontractor’s rights and
privileges hereunder, shall stand terminated forthwith.

23.3 Termination for unsatisfactory performance

If the Contractor / Owner considers that the performance of the Subcontractor is
unsatisfactory or, not up to the expected standard, the Contractor/Owner shall notify
the Subcontractor in writing and specify in detail the cause of such dissatisfaction.
The Contractor/Owner shall have the option to terminate this contract agreement by
giving 5 days notice in writing to the Subcontractor.

23.4 SCI at its sole discretion may terminate the contract with the Subcontractor without
assigning any reasons whatsoever by giving by giving a notice of 60 days to the
Contractor.

23.5 Breach of contract: The Subcontractor is involved in wrongful billing. In addition

hereto wrongful billing shall also result in the Bidder being debarred from participating
in any other tender of the Corporation for the next three years. The Subcontractor
commits any breach of the terms of this contract /tender document. If any charge
sheet is filed by a competent authority of the Government against the Subcontractor
or the company, or the Subcontractor is convicted by a criminal court on grounds of
moral turpitude.

23.6 Consequences of termination

In all cases of termination herein set forth, the obligation of the Contractor/Owner to
pay shall be limited to the period up to the date of termination. Notwithstanding the
termination of this Agreement, the parties shall continue to be bound by the
provisions of this Agreement that reasonably require some action or forbearance
after such termination.

24.0 Preference to Local Companies:

CONTRACTOR agrees to give priority and preference to locally owned companies,
when hiring SUB-CONTRACTOR, subject to price, quality and delivery being
equivalent.

25.0 Breakdown / Downtime

The Breakdown / Downtime / Penalty is detailed at Clause No. 7.0 and 9.0 of
Annexure II.

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26.0 Change in Law
26.1 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 SCI/ONGC under the SUB-CONTRACT (other than personnel
and Corporate taxes), the SUB-CONTRACTOR shall be indemnified for any such
increased taxes and duties by the SUB-CONTRACT subject to the production of
documentary proof to the satisfaction of the SCI/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 SCI/CORPORATION.

26.2 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 SUB-CONTRACT and which results in any decrease in the rate of taxes
and duties on the supply of services to SCI/ONGC, (other than personnel and
Corporate taxes), the SUB-CONTRACTOR shall pass on the benefits of such
reduced cost, taxes or duties to the SCI/CORPORATION, to the extent which is
directly attributable to such introduction of new legislation or change or amendment
as mentioned above.

26.3 All taxes & duties (except where otherwise expressly provided in the SUB-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 SUB-CONTRACT shall be to SUB-
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 SUB-CONTRACT will be to the account of SCI/CORPORATION.

26.4 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 SUB-
CONTRACTOR. However, any decrease in the rate of taxes and duties after the
contractual completion / mobilization date will be to SCI/CORPORATION’s account.

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

26.6 Notwithstanding the provision contained in clause 26.1 to 26.4 above, the
SCI/CORPORATION shall not bear any liability in respect of:

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 (i) Personal taxes on the personnel deployed by SUB-CONTRACTOR, his sub-
sub-contractors and Agents etc.
(ii) Corporate taxes and Fringe benefit tax in respect of contractor and all of their
sub-contractors, 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 SUB-
CONTRACTOR.

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

26.8 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.

27.0 Consequential Damages:

Notwithstanding either party’s fault except premature termination of the contract by
Contractor / Owner due to unsatisfactory performance, neither party shall be liable to
the other party in respect of any consequential damages whatsoever. The term
“Consequential damages” as used herein shall include without limitations to the
meaning, loss of profit, production, business opportunities or use of assets.

28.0 Statutory Requirements:-

During the tenure of this Contract nothing shall be done by the Subcontractor in
contravention of any law, act and/or rules/regulations, there under or any amendment
thereof governing inter alia customs stowaways, foreign exchange etc.

29.0 Employment by Firms to Officials of ONGC / SCI

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

30.0 Continuance of the Contract: -

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

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

32.0 Entire Agreement:

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

33.0 Additional Terms and Conditions

This Contract may be modified by additional terms and conditions accepted in writing
by both the parties.

34.0 Risk Purchase Clause

If at any time during the currency of the contract it is observed by the Company that,

1. the Subcontractor’s services are found unsatisfactory,

and/or
2. The officers supplied by Subcontractor agency do not conform to the requirement,
SCI / Contractor will be at liberty to obtain services covered under this contract from
alternative service(s) at Subcontractor’s risk and cost including invoking/resorting to
apply any other clause of this tender document.

35.0 ISPS Clause for Corporation’s Contractors

A declaration to be produced by the subcontractor that police verification has been
carried out for the persons employed by them who will be engaged on board
including clearance from ONGC Security Dept for getting ONGC Passes.
Subcontractors person visiting ships shall carry a photo identity card issued by the
Subcontractor and shall reveal his identity to ship staff when demanded.

Subcontractor to make dock entry / stream pass and ensure that ONGC NED pass
for joining personnel is made / duly renewed prior joining drillship / MODU. The
making of ONGC NED pass will be Subcontractor’s responsibility. Contractor will
provide necessary letter required, if any, to facilitate the issuance of ONGC NED
pass to approve officers. Contractor will not make any addition payment for making /
renewal of ONGC pass. The subcontractor / Bidder and their personnel shall abide
by / comply with all Port Regulations.

Bidder should have valid Recruitment and Placement Services Licence (RPSL)
number. For all the personnel joining MODUs, their sea service (AOA) to be updated
in e-governance system of DGS.

Bidder note and follow the instructions as per DGS’s Engineering Circular No. 84
dated 04th November 2007. Relevant para’s are as below
i. Bidder must know that being DOC holder, SCI is "the company."
ii. Bidder should ensure that, all the officers and crew appointed by them on
board the MODUs shall report to and comply with the instructions and advice
of the "company" and that the crew and officers will have a direct link in all
matters with the shore based designated person of the "company."

49
 iii. Bidder shall ensure that all the officers and crew appointed by them on board
the owners' vessel shall report to the Company, M/s. The Shipping
Corporation of India Limited, who are the "company", as defined in the ISM
Code; and also shall comply with all instructions and advice of the "company".
The bidders shall further ensure that the crew and officers appointed will also
report to the shore-based "designated person" of the "company", M/s. The
Shipping Corporation of India Limited, and shall have a direct link with the
company, to whom the officers and crew shall provide all information
required, from time to time.
iv. The crew-managers will also offer the owners / "company" to conduct an audit
of its operation of the ship and matters connected with the officers and crew;
and all documents in this behalf shall be handed over and maintained by the
company, to enable them to make it available to the ISM auditors.
v. The above provision shall be included in the operation manual and the
attention of the officers and crew should be brought to it, at the time of signing
on the articles, and their signatures be obtained in confirmation that it has
been so brought to their notice.

36.0 In the event of any dispute as regards the Terms and Conditions as above or as
regards interpretation of the clauses hereof, the decision of the SCI shall be final and
binding.

37.0 The Subcontractor / Bidder shall abide by and comply with all local, national as well
as international laws or statutory regulations in connection with supplies, service and
deployment of crew under the subject contract. Contractor shall not be responsible
for breach of law, if any, by the Subcontractor.

38.0 Employment of Workers

It has to be clearly understood by the Bidder/s that the award of contract, if any,
against this tender shall be for a limited period as would be specified in the contract
letter. The workers employed by the Bidder/s to perform the contract if awarded, shall
be the employees of the Bidder/s and the Bidder/s alone shall be liable to pay the
wages and all other payments as may be due to the workers and Contractor / Owner
shall in no way be liable for the same. The Bidder/s shall also comply with all the
provisions under the laws of the land pertaining to his/their workers and their
employment for the purpose of performing the contract if so awarded against this
tender and the Bidder/s shall also indemnify the Contractor / Owner for any claims
whatsoever made by such workers against the Contractor / Owner in that behalf.

*****************************

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 ANNEXURE – II
SPECIAL CONDITIONS OF CONTRACT

CONTRACT NO. 9000022553 for appointment of Subcontractor for provision of

Roustabouts onboard ONGC’s Drill Ship “Sagar Vijay” & “Sagar Bhushan”

1.0 GENERAL
1.1 Special conditions of Contract shall be read in conjunction with the General
Conditions of Contract, Technical specifications, scope of work and other documents
forming part of this contract wherever the context as requires.

1.2 Where any portion of the General Conditions of contract is repugnant to or at

variance with any provisions of the Special Conditions of Contract, then unless
different intention appears, the provision(s) of the Special Conditions of Contract
shall be deemed to override the provision(s) of General Conditions of Contract only
to the extent that such repugnancy or variance cannot be reconciled with the
conditions of contract and shall be to the extent of such repugnancy or variations,
prevail; it being understood that the provisions of General Conditions of Contract
shall otherwise prevail.

1.3 Wherever it is stated anywhere in this Contract that such a supply is to be effected or
such a work is to be carried out, it shall be understood that the same shall be
effected / carried out by the Subcontractor.

1.4 The contract constitutes the entire agreement by the parties and no other writings or
conversation shall be considered as a part of this contract except by written
agreement by both parties subsequent to the date of signature hereof. Where rights
and remedies are provided under the contract, they shall be the exclusive rights and
remedies available with regard to the situation to which they relate.

1.5 All the work and assigned jobs to be performed under this contract shall be done at
defined times and in all respects in accordance with the provisions of this contract
and any amendments thereto that the parties may subsequently agree from time to
time in writing.

2.0 Name of the Vessel: MODU “Sagar Vijay” & “Sagar Bhushan”

3.0 Duration of the Contract

The contract period will be three year firm w.e.f. 01.07.2019 for MODU Sagar Vijay
and w.e.f. 20.08.2019 for MODU Sagar Bhushan, the date of completion of contract
period of existing subcontractor, with applicability of back to back termination clauses
for contract between SCI & ONGC and with SCI’s option to extend the contract for
two extensions of 3 months each on the same rates, terms and conditions subject to
the extension of SCI’s contract with ONGC.

4.0 Supplies and Services to Be Provided By the Owner at Its Cost

The Owner shall provide the following services at their expense for the execution of
the Contract:

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4.1 The Owner shall normally provide helicopter assistance for transportation of crew to
& from Offshore from Owner’s helibase. The crew may be transported by supply
boats if the situation so warrant.
4.2. The Owner shall make available to the Marine contractor’s and its Subcontractor’s
personnel, when present on the vessel / Offshore, medical assistance as available in
case of emergencies including medical evacuation to base if required. The vessel
has a provision of two hospital beds on board MODU “Sagar Vijay” & “Sagar
Bhushan”. This facility can be availed by the Marine contractor and it’s Subcontractor
with the approval of Owner.

5.0 Crew Change

5.1 The crew change shall be after 6-8 weeks for Marine officers and 12-16 weeks for
marine crew unless otherwise authorized by the Owner in writing followed by 50%
onshore period. Subcontractor must ensure regular crew change. Any variation in the
crew change will be done only with the approval of the Contractor’s/Owner’s vessel
in-charge by recording the circumstance/reasons for the variation. The Crew change
for non-marine crew (Roustabouts) shall be 28 days and subcontractor needs to
change the roustabouts with reliever at the earliest after 28th day. For A.C.
Mechanic, the crew change shall be after 6-8 weeks. Further, for the call out person it
will be as and when required and normal duration on-board shall be about 2 weeks (7
to 14 days).
5.2 Subcontractor will compulsorily ensure that all members of marine crew possess
valid qualification and certificates as specified in the contract. Marine personnel shall
comply with manning qualification and certification as laid down by DG shipping. Any
of the Subcontractor’s personnel found not having qualification / experience as
required for their job category at any stage of contract, shall be replaced by the
Subcontractor at its own cost within 5 days of notification by contractor / Owner to the
Subcontractor. The day rate of such replaced person will not be payable for the
period he remained part of the crew & if already paid will be recovered irrespective of
any approval given by contractor / Owner before payment.
5.3 The area of operations is normally the east coast of India. However, depending upon
job requirement, the vessel may be deployed anywhere in Indian waters as per
requirement of Owner. The airfare / train fare, as applicable for posting Officers and
crew between home town / Mumbai and base of deployed area, local transportation
and hotel expenses of the marine crew, if any, alongwith their return Air fare / train
fare to home town / Mumbai as applicable for signing off, shall be reimbursed by the
Contractor / Owner.

5.4 Meetings
5.4.1 The Subcontractor shall ensure the presence of Subcontractor’s Representative
(from the base management team) at all meetings relating to the scope of work
referred to in this contract, called by the Owner/Contractor. No extra payment shall
be made for attending these meetings.
5.4.2 In the event of the Subcontractor's/Contractor’s and Owner’s representatives being
unable to reach a mutual agreement on any operational or technical matter in respect
of the operations of the vessel, the Subcontractor shall refer the matter promptly to
the Contractor/Owner.

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6.0 Reports
All the Drilling job reports should be submitted within specified time indicated in
ANNEXURE-III. In case of delay in submission of job reports of MODU, a penalty as
per clause 7 will be imposed, and shall be recovered separately from the
Subcontractor for respective vessel.

7.0 Breakdown /Down Time

7 .1 Breakdown / Downtime means period of failure of vessel operational capabilities due
to:
7.1.1 Breakdown / maintenance requirement of the ship and ships main system i.e. power
generation (prime mover), propulsion system, excluding electrical, electronics & its
associated system which comes under the purview of subcontractor.
7.1.2 Failure of Subcontractor to provide regular marine or call out crew as per Annexure III.
7.1.3 Breakdown / Maintenance of any other equipment except drilling & subsea
equipments on board not covered above, due to inefficiency or unavailability or
shortage of Subcontractor’s crew / personnel.
7.1.4 Breakdown / down time arising out of accidental damages to any marine equipment
on board except drilling & subsea equipments, due to inefficiency or unavailability or
shortage of Subcontractor’s crew / personnel.

7.2 DOWNTIME CALCULATION

7.2.1 Breakdown / Downtime for any reason as per clause 7.1 above depending upon loss
of vessel’s operational capability and consequent effect on operation of vessel,
equivalent down time is calculated as under:
SITUATION EQUIVALENT DOWNTIME
If the vessel is required to be 100% of the time for which vessel is
withdrawn from the designated withdrawn from designated location / field
location/field to shelter water / till vessel report back to designated location
anchorage / alongside jetty. / field will be considered downtime.

7.2.2. If at any time particular equipment / system is not operational then equivalent down
time will be calculated as under: If for any reason stated at Clause 7.1 above, vessel
is unable to perform the intended work then 50% of the period till satisfactory
commencement of intended work will be considered as equivalent down time.
However, during such period, if ONGC considers that available capability of the
vessel can be better utilized for alternate job at different location or for continuation of
part of the ongoing intended work, then at ONGC’s discretion, vessel may be
deployed for such job. Upon commencement of such job equivalent down time will be
calculated as under:
SITUATION EQUIVALENT DOWNTIME
If standby units of main system / 1% of time for which each unit is not
equipments are non-operational as available upto 60 days on single occasion
mentioned in 7.1.1 above. will be considered as equivalent downtime.

Note:
a) In case equipments / system covered above if downtime on single occasion
continues for more than 60 days then from 61st day down time percentage indicated

53
 against each item will be doubled.
b) Combination of the equivalent downtime covered under clause 7.2.2 will be subject to
maximum limit of 50% of the day i.e. 12 Hrs only. If downtime situation is covered
under clause 7.2.1 then down time arising under clause 7.2.2 will not apply.
c) If particular system/equipment is not regularly required to be used, then it should be
periodically function tested. If upon requirement, any such equipment system is found
non operational, then down time will be considered for the period from previous
successful use/function test whichever later till restoration of operational status.
d) In case of equipment breakdown, applicable deduction shall be levied up to the time
the relevant spare parts/equipments are delivered to ONGC at Nhava / Helibase.
However, on receipt of subject spare parts/equipments on board, provision of
downtime will recommence till satisfactory completion of repairs/restoration of
operational status.

7.3 Allowable equivalent downtime at ONGC cost.

7.3.1 During downtime situation for dry-dock/major repairs etc. as covered under
Downtime calculation clause 7.2.1. Maximum 100 days inside dry-dock shall be
allowed for each schedule dry dock / layup, and additionally 15 days for emergency
dry-dock / sheltered water repair, both exclusive of mob-demob at ONGC cost
applicable during the period of the contract.
7.3.2 Any down time arising due to weather conditions will be allowed at ONGC’s cost as
per actual cost incurred provided ONGC is satisfied about prevailing weather
parameters resulting in such down time. Else, such period will be considered as
breakdown / downtime. Utility and repair decision for any equipment will be finalized
by ONGC and Marine contractor. Accordingly, relevant down time clause shall apply
after mutually agreed time schedule.

7.4 Breakdown Down time at Subcontractors cost.

7.4.1 In case of equivalent down time period as per clause 7.2.1 and beyond permissible
limit as per clause 7.3.1 above, day rate towards such equivalent down time will not
be payable.
7.4.2 In case of the equivalent down time period covered under clause 7.2 and beyond
permissible limit as per 7.3 above, day rate towards such equivalent down time will
not be payable.
7.4.3 For the purpose of clause 7.4.1 & 7.4.2 above, day rate applicable as per Price bid.

8.0 Safety
8.1 Same as elsewhere given in the Contract, Subcontractor shall maintain & observe
Safety aspects of the vessel by working in liaison with the drilling supervisor. In case
of difference of opinion, the matter shall be referred to Contractor / Owner’s
representative and his decision shall be final & binding on all.

8.2 Handing Over

The Marine subcontractor shall hand over back the Vessel in good condition in all
respects (fair wear and tear accepted) at the end of the Contract. During hand over,
the list of non-operational equipment, outstanding planned maintenance and surveys,
condition of class and outstanding indents will be prepared by the Owner, old Marine
subcontractor and new subcontractor, which shall be binding to all.

54
9.0 Penalty Calculation
i) The total downtime imposed by the Owner on the Contractor for operations of drilling
on manning part to be provided by Subcontractor as per Annexure III, will be passed
on to the Subcontractor.
ii) The total downtime in hours will be converted to equivalent days and the penalty will
be imposed on the Subcontractor equal to 100% of the “Day Rate” for these
equivalent days.
iii) “Day Rate” means the total cost for providing manning as per Annexure III and for the
operations of MODU.
iv) The total chargeable penalty will be equal to penalty worked out as per the above
plus 10% which will be recovered from the Subcontractor either by directly deducting
from the monthly invoice or Subcontractor would make the payment of downtime
penalty to Contractor (SCI) by pay order/demand draft.

10.0 Notices and Addresses

For the purpose of this CONTRACT, the addresses of the parties will be as follows
and all correspondence and notices in relation 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.

10.1 OWNER'S OFFICE ADDRESS: FOR TECHNICAL RELATED COMMUNICATION

------------------

10.2 CONTRACTOR'S OFFICE ADDRESS.

Senior Manager (OS-C), T&OS Division,
The Shipping Corporation of India Ltd.
5th Floor, Shipping House, 245, Madame Cama Road,
Mumbai-400 021
Tel: 91–22–2277 2211 / 2183 / 2209 Fax: 91–22–2285 4790

10.3 SUBCONTRACTOR’S OFFICE ADDRESS:

------------------

11.0 PERFORMANCE BANK GUARANTEE:

The Subcontractor shall furnish to the Contractor Performance Bank Guarantee for
respective MODU as under:
For MODU’s an amount of -------------------------------- (calculated @ 10% of the
estimated annual contract value) as per proforma provided by Contractor, in favour of
the Contractor and shall be valid till _________ towards compliance of performance
of the Subcontractor’s obligations and responsibilities as detailed in the contract.
***************************

55
 ANNEXURE - III

TECHNICAL SPECIFICATION, SCOPE OF WORK, QUALIFICATIONS AND

EXPERIENCE OF PERSONNEL

Subcontractor’s responsibility shall include;

1. Verification of character and antecedents of Contractual Manpower

In all contracts involving deployment of Subcontractor’s manpower within ONGC’s
premises like plants, offices, installations, rigs, and stock yards etc., the
Subcontractor shall submit the following documents to ONGC prior to start of work:
(i) Subcontractor will provide certified photocopies of Police verification certificates
for inspection by the authorized representative of ONGC. The Subcontractor 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.

2. SCOPE OF WORK (MODU Operations): workscope of following categories of

manpower supplied by Subcontractor include but are not limited to;

2.1 Crane Operator;

 The crane operator should be able to handle the 45 ton and 60 ton crane and
other overhead cranes on the drillship.
Materials Handling
 Possess ability to handle heavy lifts under different degrees of roll, pitch of the
vessel from offshore supply vessels.
 Ability to identify and handle hazardous chemical lifts.
 Ability handle personnel transfer from offshore supply vessels.
Safety
 Demonstrate knowledge of safe working practices for crane operators
 Demonstrate knowledge of personnel involved in crane operations
 Demonstrate knowledge of hand signals
 Demonstrate knowledge of radio communications
 Demonstrate knowledge of workplace communications
 Communicate information clearly and check for understanding in the workplace
 Demonstrate knowledge of types of cranes and classifications
 Demonstrate knowledge of crane components and attachments
 Demonstrate knowledge of terminology related to craning and craning concepts
 Demonstrate knowledge of hoisting terminology, functions and systems
 Demonstrate knowledge of regulatory requirements pertaining to cranes
Lifting
 Demonstrate knowledge of lifting theory and forces
 Demonstrate knowledge of rigging hardware, materials, tools and manuals
 Demonstrate knowledge of types and function of wire rope shackles and chains
 Demonstrate knowledge of installation, inspection and storage of wire rope

56
  Demonstrate knowledge of rigging techniques
 Use rigging hardware and tools in the workplace
Maintenance
 Possess knowledge of carrying out daily inspection and complete maintenance
checklists of cranes before operation.
 Perform routine inspections of hydraulic systems
 Inspect monitoring devices and control mechanisms
 Perform service on engine cooling systems on mobile cranes
 Maintain an equipment logbook to retain a permanent written record of
maintenance and repairs

2.2 Store Keeper;

 The warehouse man should be able to independently handle the ships ware house
and supervise the roustabouts and sea men during material handling.
Materials Handling
 Follow oral and written instructions.
 Stock, move, arrange, and rotate items weighing up to 40 pounds by hand.
 Operate hand trucks, dollies, platform lifts and other mechanical and electric lift
equipment for loads exceeding 40 pounds.
 Utilize automated material identification equipment such as bar code wands,
computer terminals, laser scanners, etc.
 Use of common hand tools such as hammers, screwdrivers, pliers, etc.
 Receive, ship, store and issue, bin and bulk supplies, materials, and equipment.
 Prepares required documents for inventory management and control.
 Prepares and processes a variety of documents related to shipping, acquisition, and
inventory of supplies, materials, and equipment.
 Works in hazardous materials storage areas with hazardous materials.
 Operates micro and main frame computers and related hardware for management of
warehouse inventories.
 Assist in the development of warehouse plans involving storage and arrangement of
stock, space utilizations, materials protection and security.
 In hazardous material storage areas, insures safe receipt, storage, and movement of
hazardous or toxic substances such as chemicals and adheres to regulatory handling
and storage requirements.

2.3 Welder;
 The welder should be able to independently handle all the welding cutting and
associated work on the drillship.
 HE should have good knowledge on the permit to work system and shall carry out his
job following the safe practices of the company.
 The welder should be able to Exercises independent judgement in the layout, design,
fabrication and selection of tools, materials, supplies and equipment required to
complete an assigned task
Materials and Equipment
 Identify various metals and alloys such as mild steel, nickel copper, aluminum,
stainless, etc.

57
 
Use of measuring devices and gauges to determine thickness and size of metal.

Identify basic welding supplies, tools, and equipment such as arc welder,
oxygen/acetylene torch, welding rods, chipping hammer, etc.
 Maintain stock inventories of welding supplies and materials.
 Lift, carry, and handle items weighing up to 50 pound frequently.
 Picks up, transports, and delivers welding equipment, tools and supplies using a
utility vehicle.
 Operate small forklift, pallet jacks, hoist, etc. to lift and transport materials exceeding
50 pounds.
 Acquisitions and stocks, correct metals, welding supplies, tools and equipment
necessary for an efficient welding operation.
Welding
 Designs and constructs various jigs and fixtures to hold material to maintain true
dimensions and assure fit and accuracy.
 Selects proper size and type of welding electrodes for specific welds to assure
penetration, and complete fusion of base and filler metals.
 Read and follow blueprints, and/or rough sketches. Makes adjustments to welding
machine such as adjusting polarity, voltage, amperage, etc.
 Use of grinder and other hand and power tools required to grind, bevel, fit metals
together, and remove slag.
 Performs a variety of electric resistance and/or oxyacetylene welding processes and
methods to weld all types of commonly used metals and alloys of various shapes,
sizes, thicknesses, etc.
 Use of all varieties of welding machines and cutting equipment and techniques using
plasma-arc and oxy-acetylene torches.
 Welds in all positions including, flat, horizontal, vertical, and overhead position in
confined spaces, and in cramped and uncomfortable positions.
 Welds high pressure water, steam and gas lines, fittings, etc.
 Cuts, welds, and repairs all types of equipment, equipment attachments, vehicles,
structural steel, etc. where strength and appearance are of primary concern.
 Repairs, modifies or fabricates parts for equipment and attachments.
 Tempers metals by heating, using proper methods and techniques to attain the
desired temper.

2.4 Roustabout;
Roustabout should be able to handle jobs like cleaning, painting, material handling,
rigging and slinging operations. The Roustabout position is responsible for supporting
the oil and gas operations. The position is diverse and may vary on a daily basis.
The Roustabout works with equipment he is qualified to operate such as backhoe,
Caterpillar, maintainer, forklift, trencher, trucks and trailers, water trucks, picker truck,
vacuum truck, and so forth.
Material Handling
 Possess ability to lifts objects and move under different degrees of roll, pitch of
the vessel.
 Ability to identify and handle hazardous chemical lifts.
 Knowledge about material handling operation from offshore supply vessels.
Maintenance Jobs

58
  Ability to carry out chipping and cleaning of surfaces prior to paining.
 Help engineers in cleaning equipment’s.
 Help in dismantling, shifting and assembly of equipment’s.
 Ability to maintain slings, wire ropes and shackles.
 Tank installation and repairs. Dig pits and lines, General cleanup
 Install motors on equipment. Set well equipment at well locations which includes
cement pads and pumping units
 Responsible for tie-down of pumping units and installing counter weights for
balancing pumping units
 Install and repair pipelines such as drisco, steel, and pvc. Haul pipe and rods
 General yard maintenance of ground and buildings
 Haul gravel for tank battery location and road upkeep
 Clean up oil spills
 Must be proficient with all tools including air and electrical

2.5 AC Mechanic;
 He should be able to handle around 200 tons of sea water cooled air conditioning
and refrigeration system which would be in operation at all times on the drill ship
Material Handling
 Possess ability to lifts and move gas cylinders and other items under different
degrees of roll, pitch of the vessel.
 Should be able to handle gas, oils and lubricants
Maintenance Jobs
 Carry out routine and breakdown maintenance on the air conditioning and
refrigeration system on the drillship.
 Carry out painting of air conditioning, refrigeration and associated equipment’s.
 Proficient in carrying out brazing in copper lines used in the system.

3 Qualification and Experience of personnel: -

3.1 Common Statutory requirements are as below;
i. Have valid Passport
ii. Undergone STCW-2010 and its latest amendments training, possess STCW
2010 and its’ amendments compliant training certificates as stipulated for
each category viz. Offshore survival, PST,PSSR, First aid, Elementary first
air, Safety and basic Fire fighting training certificate (STSDSD) / Fire
Prevention and Fire Fighting (FPFF) / Advanced Fire Fighting (AFF), FFA,
HUET, H2S Certificate.
iii. Medical fitness certificate as per ILO. Should be medically fit and should have
normal vision with or without glass with no colour blindness. Should be able to
distinguish red, green, & yellow colours; regardless of position of colours.
Should have no history of disabling medical condition, which may be sufficient
reason for disqualification.
iv. Undergone Helicopter under water escape training (HUET)
v. Undergone all required statutory and mandatory trainings
vi. Educational qualification – with basic knowledge of English language for
communication

59
 vii. Verification of certificates from regulating authorities like DGS / INDOS
applicable to marine crew.
viii. All personnel must be in possession of relevant identity card issued by DG
shipping or must possess Indian CDC (Continuous discharge certificate).

3.1.1 Crane Operator;

Should have minimum 3 years’ experience as cane operator on Drill ships / Semi-
submersible / FPSO / MSV / GTV
Certification and Experience
 Offshore Crane Operator Stage 3 Competence Assessment [Floating Structures]
certification or equivalent
 Have knowledge of reading load charts.

3.1.2 Store Keeper;

Should have minimum 5 years experience as warehouse man or store keeper on
ships / Drill ships / Semi-submersible / FPSO / MSVs / GTVs or heavy duty
workshops involved in fabrication for offshore industry.
Knowledge, Skills and Abilities
 Ability to handle weights up to 40 pounds, and work in uncomfortable physical
positions, and on hard surfaces.
 Basic knowledge of general warehouse layout, item identification, warehouse
procedures, and storage areas in order to pull stock and materials in accordance
with standard procedures.
 Ability to prepare and complete forms relating to stock description, quantity, unit
of issue, and labeling for incoming and outgoing supplies, materials, and
equipment.
 Ability to identify obvious damage to equipment and materials through visual
inspection.
 Ability to stock, move, arrange and rotate warehouse items in accordance with
standard operating procedures, and/or guidance from supervisor or higher
graded worker.
 Specialized knowledge of warehouse plans, methods, procedures, and
techniques of materials handling.
 Skill in stacking, moving, arranging items on pallets, and must consider height,
weight and special handling requirements.
 Knowledge and skill required for the safe handling, storage and movement of
materials handled.
 In-depth knowledge of warehouse planning, documentation requirements, and
accepted warehouse methods, procedure, and techniques.
 Knowledge of specialized material handling, storing and safety procedures
required to meet regulatory requirements and policies.
 Working knowledge of micro-computers and/or main frame computer work
stations, related hardware and software related to warehouse management.
Certification and experience
 Should possess a bachelor’s degree from any recognized university

3.1.3 Welder;

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 Should have minimum 5 years experience as welder on ships / Drill ships / Semi-
submersible / FPSO / MSV / GTV or heavy duty workshops involved in fabrication for
offshore industry.
Knowledge, Skills and Abilities
 Ability to handle weights up to 50 pounds frequently and weights over 50 pounds
occasionally.
 Basic knowledge of welding procedures, practices, and techniques required to weld
and/or fuse metals together where strength and appearance are not a primary
concern.
 Knowledge of and ability to use hand and power tools associated with welding, such
as chipping hammer, grinder, arc welder, oxygen/acetylene torch, etc. including
setup or connection of hoses, cords, regulators, etc..
 Knowledge and ability to use common measuring instruments and hand tools such
as tape measure, level, square, file or rasp, etc.
 Knowledge of basic welding supplies such as welding rods, brazing rods, torch tip,
striker, gloves, safety helmet, etc.
 Basic knowledge of inventory management procedures and practices. Ability to
complete and submit daily work reports and other basic required documents.
 Must be able to work from blueprints, sketches, procedures and other specifications.
 Working knowledge of different metals and alloys commonly welded, various
electrode types and sizes, and accepted procedures and practices used in all types
of welding.
 Ability to weld various sizes and shapes of metal objects such as pipe, channel iron,
tanks, structural forms, plate metal, sheet metal, etc. not involving high pressure.
 Must have the ability to shape, form, bend and fit metals to odd shaped sizes to
assure proper fit.
 Knowledge of and proficient in the use of electric and oxy/acetylene welders and the
skill to use various cutting machines, such as oxy/acetylene and plasma-arc torches.
 Must have the mechanical and technical knowledge and skill to perform operator
maintenance on all equipment pertinent to the position.
 Certified by an accredited welding school to perform all variations of welding
including the use of electric, MIG, TIG, oxy/acetylene and cutting procedures
including oxy/acetylene and plasma-arc techniques (optional depending on job needs
for underwater welding methods, techniques and practices).
 Working knowledge of welding high pressure lines such as gas, water, steam lines,
etc.
Certification and Experience
 Must possess ABS 5 G certificate or higher or equivalent certification in stick welding.
 Ability to read and follow blueprints, and/or rough sketches.

3.1.4Roustabout
i. Minimum experience of 1 year in last five years on drillship / MSV / SEMIs /
Offshore oil gas platform / Semi-submersible / FPSO / GTV in the capacity
which is being considered
ii. Age limit of maximum 45 years.
Knowledge, Skills and Abilities

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  Ability to handle weights up to 50 pounds frequently and weights over 50 pounds
occasionally.
 Knowledge of identifying verity of tools and gadgets involved in their day to day
works and ability to handle and use them safely by identifying the hazards involved
with them. (Hand and power tools associated with chipping and painting etc).
 Awareness of confined space entry procedures.
 Knowledge of overhead trolley crane and hoist operations
 Ability to signal during crane lifts. Knowledge about rigging and slinging
 Knowledge of safe work practices and procedures code
Certification and Experience
 Should be physically feet with good 6/6 vision.
 Should have minimum 3 years’ experience as roustabout on offshore rigs or heavy
duty workshops involved in fabrication for offshore industry.

3.1.5 AC Mechanic
Minimum 5 years experience on Marine / industrial centralized AC Systems,
desirable on Drill ships / Semi-submersible / FPSO / MSV / GTV.
Knowledge, Skills and Abilities
 Through knowledge on sea water cooled air conditioning and refrigeration systems.
 Ability to handle weights up to 50 pounds frequently and weights over 50 pounds
occasionally.
Certification and Experience
 Diploma / ITI Certificate in Refrigeration & Air Conditioning with 6 years/8 years
experience in maintenance and repair of air-conditioning and refrigeration system on
Ships/Drill ships/FPSO/Semi-submersible.
 Proficiency in computers.

3.2 Besides above experience the crew should have minimum qualifications as per
Indian Merchant Shipping rules wherever applicable or equivalent.

4 The resumes of the personnel to be deployed on the vessel shall be submitted in

sufficient advance so as to take their approvals from the Owner before mobilization.
Bidder shall be responsible for obtaining NED passes from ONGC (Owner) after
completing necessary formalities and for necessary correspondence with ONGC.

5 No reduction or increase in the crew will be effected by the Subcontractor without

prior approval of Owner / Contractor. The Subcontractor will ensure that the
operations are carried out by competent personnel and internationally recognized
safe working practices are adhered to.

6 The Marine Personnel to be deployed by the Marine contractor under various

categories must have requisite qualification/ certificates as per Indian Merchant
Shipping Rules and have minimum experience as indicated below against each of
the categories. English being the official language of the Contract the personnel
engaged should be able to communicate in English

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7 Bidder should have valid INDOS (Indian National Database for Seafarer) No. of
marine crew. Bidder shall submit valid INDOS No., CIN No., TAN No., PAN No.,
CDC-Checker, COC-Checker and necessary Undertakings. Bidder shall also provide
self certified bio-data for all the qualified & experienced manning provided as per
SMM Procedure to ONGC prior sending crew on-board at bidders cost.

8 Bidder should have valid Recruitment and Placement Services Licence (RPSL)
number. For all the personnel joining MODUs, their sea service (AOA) to be updated
in e-governance system of DGS.

9. Bidder note and follow the instructions as per DGS’s Engineering Circular No. 84
dated 04th November 2007. Relevant para’s are as below
vi. Bidder must know that being DOC holder, SCI is "the company."
vii. Bidder should ensure that, all the officers and crew appointed by them on board the
MODUs shall report to and comply with the instructions and advice of the
"company" and that the crew and officers will have a direct link in all matters with
the shore based designated person of the "company."
viii. Bidder shall ensure that all the officers and crew appointed by them on board the
owners' vessel shall report to the Company, M/s. The Shipping Corporation of India
Limited, who are the "company", as defined in the ISM Code; and also shall comply
with all instructions and advice of the "company". The bidders shall further ensure
that the crew and officers appointed will also report to the shore-based "designated
person" of the "company", M/s. The Shipping Corporation of India Limited, and
shall have a direct link with the company, to whom the officers and crew shall
provide all information required, from time to time.
ix. The crew-managers will also offer the owners / "company" to conduct an audit of its
operation of the ship and matters connected with the officers and crew; and all
documents in this behalf shall be handed over and maintained by the company, to
enable them to make it available to the ISM auditors.
x. The above provision shall be included in the operation manual and the attention of
the officers and crew should be brought to it, at the time of signing on the articles,
and their signatures be obtained in confirmation that it has been so brought to their
notice.

REPORTING (AT NO ADDITIONAL COST TO THE OWNER / CONTRACTOR): The

following reporting system shall be adopted and may be further modified by the Owner at
any time to meet the work requirements.
i. Daily reports shall be prepared giving all the details required for evaluation of
vessel performance, deployment and utilization.
ii. Weekly statistical summaries shall be prepared on board the vessel and shall be
sent ashore each week and submitted by Saturday of the following week.
iii. Monthly summary reports shall be prepared and shall list all cumulative statistical
data from the daily and weekly reports for evaluation of vessel utilization/
performance which includes breakdown/ non utilization of the vessel. This report
shall be submitted within 10 working days after month end. Invoice for the
subsequent month shall not be processed unless the monthly Summary report for
the previous month has been submitted. For example, unless the monthly

63
 Summary report for the month of January has been submitted, invoice for the
month of February shall not be processed. Cost of purchases with lists of invoices
shall be furnished to Contractor (SCI) as a part of the monthly Summary report.
iv. Any unusual occurrences noticed, breakdown, accidents etc. shall be reported
immediately via radio contact to the base followed by written confirmation within 7
days.

9 The Broad Specification of MODU “Sagar Vijay” including the Equipment &
Systems on board is as under. The arrangement on “Sagar Bhushan” is also
on similar lines:

I. GENERAL:
i. Hull No. 1052
ii. Year Of Built 1984
iii. IMO NO 8401183
iv. Built At Hitachi Zosen Corporation, Osaka, Japan
v. Owner Oil & Natural Gas Corporation
vi. Port Of Registry Mumbai On 26-04-1985
vii. Classification American Bureau Of Shipping - Class +
A1 Drilling Unit M + AMS
Indian Register of Shipping - (IRS) SUL
– Drilling Ship + IY
viii. Call Sign ATEI
ix. Official Number 2091
x. Gross Rated Tonnage 11,104 Tons
xi. Net Tonnage 3,331 Tons
xii. Accommodation 110 Persons
xiii. Maximum Transit Speed 10 Knots
xiv. Propulsion Twin Screw With 4 Blade Fixed Pitch Propellers, With Four
DC Motors of 1000 HP Each
xv. Steering Gear 2 Nos. Electro-Hydraulic Piston Type
Max Hull Torque – 13 Ton Mts.
xvi. Principal Particulars:
Length Overall 145.85 Mts.
Length between Perpendiculars 136.80 Mts.
Length @ 96% Lwl & @ 85% Moulded Depth 137.87
Breadth Moulded 24.5 Mts.
Depth Moulded 11.2 Mts.
Assigned Draft Extreme 6.72 Mts.

II. MARINE:
Details of Major Equipment on Rig:
1.0 Power Generation:
4 Nos. Diesel Engine, Make: Daihatsu
Model: 26 DVA, 3000 PS/2564.431 HP (2500 KVA/ 1750 KW)
4 Nos. Main Generator, Make: Mitsubishi
Model: CFC, Capacity: 600 V AC, 3 Phase, 60 HZ, 2500 KVA, 720 RPP
1 No. Emergency Generator

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 Engine; Make: Caterpillar; Model: 3508 TA
Generator; Make: Mitsubishi; Capacity: 480 V, 60 HZ 625 KVA
2.0 Mooring System:
Anchors Make: Bruce 15 T- 8 Nos.
Anchor Winches: 4 Sets of two winches
Make: Nippon Pusness
Type: Dc Motor Drive, Reduction Type
Capacity: Mooring Drum: Double Drum 75/36 Tons @ 16.6/33.3 M/Min
(High Speed Step) 250/120 Tons @ 5/10 M/Min (Low Speed Step)
Motor – 300 KW, DC Wire Rope per Drum 2400 M Size: 3”
Anchor Winch Control Console Make: Martin Decker/SMEC
Anchor Winch Switchgear. Make: Hill Graham
Anchor Chain - Size: 3” (750-850 M)
3.0 Propulsion Equipment:
4 Nos. GE 5 OD 400LA100 A002 DC Propulsion Motor, 750 Vdc 1000 Hp
2 Nos. UBE Propulsion Reduction Gear, Twin Pinion,
2 X 1000HP Input @ 1100 Rpm, Output 1950 HP @190 Rpm Steering Gear.
2 Nos. Nagashima Propellers, Fixed Pitch, 4 Blades Propulsion Switchgear
4.0 Navigation Equipment:
a. Auto Pilot System: Yokogawa IPS 5 P2-NS
b. Global Position Indicator: Furuno GPS Navigator GP-90
c. Gyrocompass Make: Tokimec TG-8000
d. Radar: Japan Radio Company JMA-9922-6XA
JMA-9932-SA
e. Echo Sounder: Furuno Electric Co. Ltd
f. Speed Log: Skipper Dl-50
g. Wind Speed And Direction System: OTA KEIKI
h. Automatic Identification System: Furuno AIS FA-150
i. Simplified Voyage Data Recorder: Maris
j. GMDSS: Furuno Electric Company Ltd.
k. Fire Detection and Alarm System: Nippon Hakuyo Co., Ltd.
5.0 Communication Equipment:
a. 1 No V Sat, Make: Seatel
b. 1 No Telephone Exchange, Make: Nippon Hakuyo, OAE- 8000L
c. 1 No PA System, JRC Make, NVA-1535A-6 350 Watts
d. 1 No GMDSS Console, Furuno Electric Company Ltd
e. 1 Each M-VHF Furuno And Sailor
f. 2 No A-VHF Make: PAE
g. 2 No A-VHF Make: Jotron
h. 2 No NDB Make-NAUTEL
i. 1 No INMARSAT Make: Sailor, Fleet 77
j. 2 No HF SSB Furuno
6.0. Power Transmission:
6 Nos. Main SCR System; Make: GE
2 Nos. SCR System for Third Mud Pump
Make: Hill Graham
4 Nos. SCR System for Anchor Winch (2aft, 2fwd)
Make: Hill Graham

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7.0. Air System:
3 Nos. General Service Air Compressor
Make: Atlas Copco, Model: GA1110
1 No. Cold Start Compressor
Make: Teikoku, Model: LHSC 30A
2 Nos. Starting Air Compressor
Make: Teikoku, Model: 2SF-4F
1 No. Air Dryer
Make: Delair
3 Nos. Air Pressure Vessel
Make: HEMMI IRON WORKS,KOBE
8.0. Cargo Handling Equipment:
1 No. National Deck Crane, 100 Ft Boom, 60 Ton at 10 M
1 No. National Deck Crane, 100 Ft Boom, 45 Ton at 12 M
Crane Load Watcher Unit
2 Sets Trolley Hoists of 2 Tons Capacity in the Tool Store
2 Sets Trolley Hoists Of 1 Tons Capacity Each In Mud Pump Room
10 sets Trolley Hoists 1 Tons Capacity Each in engine room
1 No. Bop Stack carriage for 200 Tons Static Load with 4 sets of Jack and
Bop Test Stump
1 No. Lmrp Carriage with 4 sets of jacks

9.0 Tank and Storage Capacities:

Tank Capacities
Pot Water Capacity 788 Ton (3 Tanks)
Drill Water Capacity 1618 Ton (06 Tanks–3 Port& 3 Stbd)
Diesel Fuel Capacity 2041 Kl (10 Tanks–5 Port& 5 Stbd)
Mud Pit Capacity 4500 Bbls (Including Sand Trap)
10.0 Helideck:
Diameter 21.3 M, Designed For Mi-8, S-61 Helicopter.
11.0 Life Saving and Fire Fighting Equipments:
a) 4 Lifeboats of Enclosed Type for 50 And 60 Persons Each.
b) Rescue boat-1 no
c) 6 Inflatable Life Rafts for 25 Persons Each.
d) Fixed Type Halon Fire Fighting Systems In The Propulsion Room, Main
Generator Room,
Machinery Control Room, Aux. Machinery Room, Paint Room, SCR Room
and Emergency
e) Generator Room Along With Remote Control Releasing Device Installed In
The Halon Bottle Room.
f) Fixed Type Air Foam System For Helicopter Deck Fuel Storage And
Refueling System, Mud Pit Room And Drill Floor.

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 Annexure III A
Crew Complement : Sagar Vijay & Sagar Bhushan, for each vessel
Sl. No Category No. of Personnel
A Regular
1 Roustabouts for marine assistance 5*
2 Roustabouts for drilling assistance 8*
3 Air conditioning Mechanic. 1
* Depending on the Vessel operational requirements roustabouts will be deployed
in, cargo operations viz. spares and stores receiving. Further they may be
deployed in assisting deck ratings for the lowering and hoisting of fenders etc as
per the Master’s advise in liaison with OIM.
** The requirement is optional and the provision of same is subject to contractors
(SCI) option.
B Call-out No. of Personnel
1 Roustabouts for marine assistance 4
2 Crane operator 1
3 Store keeper 1
4 Welder 1

1) The manning can be reduced to any level as per ONGC requirement

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