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(PIPELINES - DIVISION)
PARADIP HALDIA BARAUNI PIPELINE
KASBERIA
HALDIA-721602 (WEST BENGAL)
Network Hydraulic Analysis of combined Fire Water Network of PHBPL & PHDPL
Haldia & PHBPL Bolpur.
ISSUED BY:
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INDIAN OIL CORPORATION LIMITED
(PIPELINES - DIVISION)
PARADIP HALDIA BARAUNI PIPELINE
KASBERIA
HALDIA-721602 (WEST BENGAL)
Network Hydraulic Analysis of combined Fire Water Network of PHBPL & PHDPL
Haldia & PHBPL Bolpur.
INDEX
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INDIAN OIL CORPORATION LIMITED (PIPELINES DIVISION)
PARADIP HALDIA BARAUNI PIPELINE
HALDIA
NOTICE INVITING E-TENDER
Indian Oil Corporation Ltd. invites electronic bids through its website https://iocletenders.nic.in under
two-bid system from bona fide experienced contractors of financial standing and reputation and
fulfilling the qualifying requirements for the following job:
1. Tender No. & PHBTS20004/ Network Hydraulic Analysis of combined Fire Water Network
Name of work of PHBPL & PHDPL Haldia & PHBPL Bolpur.
2. Type of tender Open/National/E-tender/Two-bid
3. Job Completion 03 months from the date of specific notice issued by EIC.
Period Specific notice to be issued within 01 month from the date of issuance of LOA.
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c) Date and time of Techno–commercial Bids will be opened online on 12.05.2020 at 15:00 hours
online opening of or any convenient day and time thereafter.
tender
7. Tender Issuing / Deputy General Manager(T),
Receiving Authority Indian Oil Corporation Limited, PHBPL,
Village Kasberia, P.O. Khanjanchak, Haldia, Dist.– Purba Medinipur, Pin-721602
Ph. No. 9433024200/9399283931
Email - GKDAS@indianoil.in/akansham@indianoil.in
8. Pre-Qualification The intending tenderers shall have to furnish proof of their pre-qualification and
Criteria experience along with the bid. Copies submitted in support of credential shall be
self-attested. Pre-qualification criteria will be checked at the time of techno-
commercial evaluation of the offer.
a) Minimum Rs.4.40 lakhs (Rupees Four Lakhs Forty Thousand only)
Annual
Turnover (ATO) Turnover for this purpose should be as per audited Balance Sheet of the tenderer.
(in any of the However, if the tenderer is not required to get its accounts audited under Section
previous three 44AB of The Income Tax Act, 1961, certificate from a Practicing Chartered
financial years, i.e. Accountant towards the turnover of the tenderer along with copy of its Income Tax
2016-17,2017-18, Return shall be submitted.
2018-19)
b) Experience : Only direct order or approved sub-contract from the owner shall be considered as
Minimum Value(s) credential.
of Single works* i) 3 similar completed works each costing not less than Rs. 2.20 lakh (Rupees
Order executed as Two Lakhs Twenty thousand only) OR
main or sub- ii) 2 similar completed works each costing not less Rs. 2.93 lakh (Rupees Two
contractor for any Lakhs Ninety Three thousand only) OR
type of work iii) 1 similar completed work costing not less than Rs. 3.66 lakh (Rupees Three
(During any of the lakhs Sixty Six thousand only)
last seven years
ending on last day * Similar nature work is defined as “Fire Water Network Analysis”
of the month,
immediately Detailed work order, certificate clearly specifying the details like description of
previous to the work, executed value of work, starting & completion date of job shall be required.
month in which the Completed value of work as mentioned in the completion certificate shall be
last date of bid considered for evaluation against single work order value required under PQ.
submission falls) However where the executed value is not mentioned in the completion certificate,
the copy of certified bill / proof of executed value of work till date of
commencement of tender sale certified by client shall also be acceptable for
determining value. Copy of TDS Certificates has to be submitted in case of
subcontract work orders or in case where the tender issuing authority
specifically asks for the same.
The executed value of work must be inclusive of service tax/GST. The fact
and executed value (Preferably GST/ service tax bifurcated amount) with
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separately mentioned applicable GST/ service tax rate should be there in the
completion certificate. In case the executed amount as mentioned thereof is
exclusive of (service tax/GST) an amount equivalent to the service tax/ GST
amount as mentioned in the detailed Work Order copy shall be added to
determine the value of the executed amount. In case nothing is mentioned
regarding taxes in the executed amount in the completion certificate/ in the
Work Order copy/ no information can be derived regarding taxes from any
other source, it will be considered inclusive of taxes.
IOC reserves the right to complete the evaluation based on the details
furnished by the bidder, with or without seeking any additional supporting
documents/clarifications.
9. Copy of other PF Code Allotment letter, PAN (Permanent Account Number), GST Registration
documents to be Number of the state from where Invoice will be generated, Power of Attorney or
submitted along any other proof of authority in favor of person authorized to sign the tender
with the bid document. Copies of all the documents submitted shall be self- attested.
10 Mode of Physical bids are not accepted. Tender document can be downloaded from
submission https://iocletenders.nic.in and online bids are required to be submitted along with
Digital signatures on the system. The tenderer shall upload scanned copy of
necessary documents in support of required qualification and experience along
with their offer as per instructions given in the Special Instruction to tenderers.
TERMS AND CONDITIONS
1. The tenderers shall upload necessary documents in support of required qualification and experience along
with their offer. Otherwise their offer is liable to be rejected without further correspondence.
2. The tenderer must satisfy the pre-qualification criteria as detailed in point no. 8 above and must possess
PAN No., valid PF Code, GST Registration Number of the state from where Invoice will be generated.
Otherwise his offer is liable for rejection.
3. IOCL reserves the right to reject any or all of the tenders or any part of a tender so received and no
compensation shall be paid for the efforts made by the bidder. Reasons for rejection shall be disclosed on
written representation by the concerned bidder whose bid is rejected.
4. If the date of opening of tender coincides with a holiday, then the next working day shall be the opening
date.
5. Bids from Consortium shall not be accepted.
6. The tenderer shall keep his offer open for a period of not less than four months from the date of opening of
the tender as specified above.
7. The bidder, if is a Micro, Small or Medium enterprise as per the Micro, Small and Medium Enterprises
Development Act, 2006 (MSMED Act 2006) and registered with the Authorities under the above Act for the
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items/services covered under this tender, then the party has to indicate the Entrepreneurs Memorandum
Number (Twelve Digit) and enclose a copy of the certificate issued by the Authorities under the Micro, Small
& Medium Enterprises Development Act, 2006.
8. Any legal dispute shall be within the jurisdiction of Tamluk court.
9. The Owner reserves the right to abandon the tendering without assigning any reason whatsoever. No
compensation shall be paid for the efforts made by the bidder.
10. Documents furnished along with the tender will be scrutinized after opening of Techno-Commercial bids
and further technical queries may be asked if required. Based on replies received from Tenderers further
technical evaluation will be done and intimation will be given to technically acceptable Tenderers thus
established, before opening of priced bids.
11. EMD payment through Demand Draft (DD), Bankers Cheque (BC) and Swift Transfer (ST) shall not be
accepted.
12. Central/ State PSUs, JVs of IOCL and SSIs registered under Micro, Small & Medium Enterprises Act-
2006 (or erstwhile NSIC registered parties) having valid registration under Single Point Registration Scheme
for the items/ services under procurement in this tender, as on the date of tender opening are exempted from
payment of EMD.
13. The tender documents are non-transferable.
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DECLARATION
I/We have read thoroughly and understood the contents of the General Conditions of Contract.
I/We fully understand that the above said General Conditions of Contract form a part of the Tender
Documents.
DECLARATION
1. I/We declare that I am / we are not relative of any Director of Indian Oil Corporation Limited.
2. In my/our Firm there is no Partner who is Director of Indian Oil Corporation Limited or any of
his relative is a Partner.
Signature of Tenderer(s)
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SPECIAL INSTRUCTIONS TO TENDERERS
INDEX
CLAUSE DESCRIPTION
NO.
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SPECIAL INSTRUCTIONS TO TENDERERS
1.1.0 Pipelines Division of Indian Oil Corporation Limited (IOCL), a Government of India
Undertaking (hereinafter called as the Owner), owns and operates presently 13,391 km
of pipeline network.
1.2.0 Indian Oil Corporation Limited, a company registered in India under the Companies
Act, 1956, through its Deputy General Manager (T) (Paradip Haldia Barauni Pipeline,
Haldia) invites tenders from bona fide and experienced CONTRACTORS of financial
standing and reputation for the following job(s): Network Hydraulic Analysis of
combined Fire Water Network of PHBPL & PHDPL Haldia & PHBPL Bolpur
(PHBTS20004)
2.2.0 The intending Tenderers shall be deemed to have visited the site and familiarized
themselves thoroughly with the working conditions at the work site before submitting
the tender. Non-familiarity with the site condition will not be considered a reason
either for extra claims or for not carrying out the work in strict conformity with the
specifications.
2.3.0 The tenderer may contact the following IOCL's office for necessary guidance and
help during site visits.
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3.1.0 It will be imperative on each Tenderer to acquaint himself with all local conditions and
factors which may have any effect on the execution of work covered under the scope
of Tender document. The Tenderers are requested to familiarise themselves with the
Indian Income Tax Act, Indian Companies Act, Indian Customs Act and other related
Acts, Laws & Regulations of India with latest amendments as applicable. The
successful Tenderer, to whom the work shall be awarded, shall arrange all necessary
permissions / clearances on his own initiative and contingent costs thereto.
3.2.0 It must be understood & agreed that above factors have been properly investigated and
considered while submitting the offer. No claim for financial or any other adjustments
to contract price or completion time on account of lack of clarity of such factors shall
be entertained.
4.3.0 The tenderer is expected to examine the tendering documents, including all
instructions, specifications and sketch/drawings in the tendering document. Failure to
furnish all the information required by the tendering documents or submission of
tender not substantially responsive to the tendering document in every respect shall
result in the rejection of the tender.
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4.4.0 Tenders shall be based strictly on the terms, conditions and specifications contained in
the Tender document. Any deviation and exceptions taken to terms and conditions of
the tender documents must be clearly listed out and submitted along with techno-
commercial part of the offer as per proforma in Annexure-2.
4.5.0 The Tender shall be submitted in “two bid system” in two parts viz. PART-I
(Techno-commercial Bid) and PART-II (PRICE BID) as detailed below through
online mode only.
PART – II : It shall be noted that this part shall contain only PRICES
(PRICE BID) and no conditions whatsoever. Any condition mentioned
in Part-II of the tender shall not be considered at the
time of evaluation of the tender and may make the offer
liable for rejection.
5.1.0 No Tender fee is applicable for this tender, since the bidders are required to
download the tender documents from IOCL e-tender website
(https://iocletenders.nic.in).
5.2.0 The tender documents shall remain the exclusive property of the Owner without
any right with the Bidder to use them for any purpose except for the purpose of
tendering and for use by the successful Bidder with reference to the work.
5.3.0 Any person/ bidder downloading the tender document from Owner’s web site or
purchasing shall do so in strict confidence and shall not part with possession
thereof or copy or disclose the provision thereof or any of them or disclose or
take copies or tracings of any drawings, plans or routes forming part thereof, it
being understood that the information therein are confidential and that the
tender documents have been downloaded by the eligible bidder solely for the
purpose of bidding.
6.1.0 Deleted
6.2.0 Deleted
6.3.0 Deleted
6.4.0 Tenders shall be based strictly on the terms, conditions and specifications contained in
the Tender document. Any deviation and exceptions taken to terms and conditions of
the tender documents must be clearly listed out and submitted along with techno-
commercial part of the offer.
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6.5.0 All Amendments to tender documents issued by Owner subsequently, if any, must be
signed and submitted on line along with the bid. The Tender submitted on line by the
Tenderer shall take into account all such amendments. Submission of the information
and details shall be done strictly in the manner described.
6.6.0 PRICE SHALL NOT APPEAR ANYWHERE IN PART – I OF THE TENDER. The
price bid shall be submitted online only. Prices should not be submitted in a
sealed envelope.
6.7.0 The bidders are required to upload the duly attested scanned copy of the
following list of documents within the period of bid submission:
i) Tender forwarding letter duly signed by the authorized signatory.
ii) In the case of Consortium tender, duly signed and executed Memorandum of
Understanding (MOU) indicating the name of the Leader of the Consortium,
the roles and responsibilities of each of the parties.
iii) Power of Attorney or other proof of authority, in favour of the person who has
signed the tender (or a copy thereof duly attested by a Gazetted Officer) as
required by Clause 4.13 of Instructions to Tenderers of GCC.
vi) Information regarding the tenderer in the form annexed to the Form of Tender
vii) In case of Consortium, the Information about Tenderer shall be furnished by all
the consortium members.
Provident Fund Code Number (for Indian Bidders only) as per Clause 4.18 of
General Conditions of Contract. In case of Consortium, the P.F. Code shall be
furnished by all the Indian consortium members. Parties not having PF code
Allotment letter during submission of tender may submit along with the
offer copy of application submitted to respective authorities, duly
acknowledged by the Authority or give an undertaking that the PF Code
will be obtained and submitted. Work order will not be issued unless PF
Code is produced.
viii) Solvency certificate from a Scheduled bank in India or a reputed foreign Bank
acceptable to the Owner. In case of Consortium, the Solvency Certificate shall
be furnished by all the consortium members.
ix) Details of experience meeting criteria for techno-commercial evaluation as per
clause 9.0.0 along with relevant documents, such as copies of Work Order and
Completion Certificate with completion date and executed value of work order
excluding taxes for supporting the claim.
x) Exceptions/deviations pertaining to Instructions to Tenderers, General
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Conditions of Contract (GCC), Special Conditions of Contract (SCC) and other
general tender conditions to be indicated only .
xi) Duly signed addendum, if any, issued to the tenderer at a later date.
xii) Techno-commercial volumes of the tender documents duly stamped and signed
on each page.
xiii) Tenderer should have valid registration numbers for – PAN, Goods and
Services tax Registration Number (state wise).
xiii) Information about tenderer’s experience related works during the last 7 years
from the start date of tender sale period.
6.8.0 The tenderer shall quote firm prices in the price schedule. The bid prices shall conform
to the provisions of Clause No. 15.0.0, Currencies & payments, amplified hereunder.
6.9.0 i) Bidder to quote prices exclusive of all duties and taxes. Duties and taxes
applicable to be stated separately.
ii) The bidder shall indicate GST Identification Number (GSTIN) in relevant annexure,
and in case GST Identification Number (GSTIN) is not activated, the bidder shall
give confirmation for obtaining registration with a copy of application for
registration. If exempted, undertaking with supporting documents shall be submitted.
Moreover, if bidders have registered their business entity in compounding scheme
under GST laws, relevant supporting documents or undertaking in company’s letter
head shall be submitted with techno-commercial bid.
6.10.0 Bids complete in all respects should be submitted on or before due date and time of
Last date of Bid submission. The Bids submitted on line in IOCL’s E-tendering site
https://iocletenders.nic.in will only be considered for evaluation. Physical Bids sent
through Fax / E-mail / Courier / Post will not be accepted.
6.11.0 Tender documents as submitted by tenderer shall become the property of OWNER and
OWNER shall have no obligation to return the same to the tenderer.
6.12.1 The Techno-Commercial Bid (Part-I of Bid) of all the tenders submitted online up to
the due date & time for receipt of bids shall be opened as per due date and time. The
Indian Standard time (IST) that will be displayed on e-Procurement web page shall be
the time considered for determining the expiry of due date and time of the tender and
no other time shall be taken into cognizance.
6.12.2 The Price Bids of the technically and commercially acceptable bidder(s) shall be
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opened at a later date, which shall be intimated through e-mail from the e tendering
site. However, bidders are advised to visit IOCL e-tender website regularly for getting
latest updates.
6.12.3 The Owner shall not be responsible for delayed submission of offers or non-
submission of offers due to any reason whatsoever. The responsibility of ensuring
online & on-time submission of their offers lies entirely with the bidders. The bidders
are requested to submit the bid online much before date and time of submission,
failing which IOCL shall not be responsible for any such technical problem.
6.13.1 Indian Oil Corporation Ltd. has developed a secured and user friendly system which
will enable Vendors/Bidders to Search, View, Download tenders directly from Indian
Oil Corporation Ltd., secured website and also enables them to participate & submit
Online Bids on the e-tendering site https://iocletenders.nic.in directly from the website
in secured and transparent manner maintaining confidentiality and security throughout
the tender evaluation process and award.
6.13.2 All interested bidders are requested to register themselves with the portal indicated
above and enroll their digital certificate with the user id for participation in the tender.
6.13.3 Bidders are requested to read following conditions in conjunction with various
conditions, wherever applicable appearing with this bid invitation for e-Tendering.
6.14.1 Vendors / Bidders are advised to read the following instructions for participating in the
electronic tenders directly through internet:
i) Late and delayed Bids / Offers after due date / time shall not be permitted in E-
tendering system. No bid can be submitted after the last date and time of
submission has reached. (However if bidder intends to revise the bid already
submitted, they may change / revise the same on or before the last date and time of
submission of bid). The system time (IST) that will be displayed on e-tendering
web page shall be the time and no other time shall be taken into cognizance.
ii) Bidders are advised in their own interest to ensure that bids are uploaded in e-
tendering system well before the closing date and time of bid. Bidders will not be
allowed to upload bid documents in the e tendering site if they do not start the
process of uploading bids at least 04 hours prior to the scheduled final date and
time for submission of bids.
iii) No bid can be modified after the dead line for submission of bids.
iv) No Manual Bids / Offers along with electronic Bids / Offers shall be
permitted.
This is a unique digital code which can be transmitted electronically and primarily
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identifies a unique sender. The objective of digital signature is to guarantee that the
individual sending the message is who he or she really claims to be just like the written
signature. The Controller of Certifying Authorities of India (CCA) has authorized
certain trusted Certifying Authorities (CA) who in turn allot on a regular basis Digital
Certificates, Documents which are signed digitally are legally valid documents as per
the Indian IT Act (2000).
6.16.1 In order to bid for Indian Oil e-tenders all the vendors are required to obtain a legally
valid Digital Certificate as per Indian IT Act from the licensed Certifying Authorities
(CA) operating under the Root Certifying Authority of India (RCAI), Controller of
Certifying Authorities (CCA) of India. The Digital Certificate is issued by CA in the
name of a person authorized for filing Bids / Offers on behalf of his Company. A
Vendor / Bidder can submit their Bids / Offers On-line only after digitally signing the
bid / documents with the above allotted Digital Signatures.
6.16.2 Bidders have to procure Digital Certificate (Class 2 / 3) on their own from any of the
Certifying Authorities in India.
7.1.0 Bids submitted by a Consortium of two or more companies as members shall comply
with the following requirements:
(b) The Consortium shall nominate one of their members to act as Leader of the
Consortium and in case the Consortium is awarded the work, all correspondence
in respect of the Contract, if any, shall be done with the Leader of the
Consortium only.
(d) Each and every member of the Consortium shall jointly execute the Contract
agreement with the Owner for legal binding.
(e) Each and every member of the Consortium shall be jointly and severally
responsible for successfully execution of work.
(f) The Consortium leader shall be authorised to incur liabilities and receive
instruction for and on behalf of all members of the Consortium including
payments which shall be done exclusively with the Leader. However, payments
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shall be made in line with the modalities enlisted hereunder vide Clause No.
15.0.0 ‘Currencies & Payment’.
(g) It is specifically agreed by the Consortium members that in the event of the
Leader of the Consortium running into any financial problem and/ or otherwise
fails to comply with any of Leader's obligations under the Contract at any time,
other members shall fully undertake total responsibility to provide all necessary
financial resources for the project and shall comply with all the obligations of the
Leader under the Contract, in addition to the other partner’s own obligations, for
completing the project in time, without prejudice to the joint and several
responsibilities of all members and Leader.
7.2.0 A Consortium once established at the time of submitting the bid shall not be allowed
to be altered with respect to constituting members of the Consortium or their
respective roles/ scope of work, except, if and when approved by Owner.
7.3.0 A Consortium once established at the time of submitting the bid shall not be allowed
to be altered with respect to the Leader of the Consortium or its roles/ scope of work.
7.4.0 All dealing with, and /or acts, deeds, matters and things done by or negotiated by a
person appointed or nominated by the Consortium as aforesaid shall be binding upon
the Contractor and each member of the Consortium and insofar as the Owner shall
require to discharge in respect of any dealing and or act, deed, matter or thing done or
payment made as aforesaid, the same constitute a valid discharge to the Owner.
8.0.0 EARNEST MONEY DEPOSIT (EMD) of this tender is Rs. 7,400 (Rupees Seven
Thousand Four Hundred only).
8.1.0 Various modes of EMD payment available post implementation of 100% Online
EMD are given as below:
a) For Indian Bidders:
EMD payment through Demand Draft (DD), Bankers Cheque (BC) and Swift Transfer
(ST) shall not be accepted. For payment of EMD, bidders shall follow the following
process:
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RTGS as per details in generated challan either
using online banking or by visiting his bank
branch.
3 BG – Bank Guarantee
Bidder shall select YES against EMD exemption
and shall select exemption type as “Percentage”.
(For EMD value Bidder shall enter 100 in Percentage/Amount field.
more than Rs.1.0
lakh only) Subsequently bidder shall upload the scanned copy
of “Bank Guarantee (BG)” in the space provided
for uploading EMD exemption document.
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b) For foreign Bidders: Demand Draft (DD), Bankers Cheque (BC) and Swift Transfer (ST)
shall also be accepted. Bidders shall follow the following process to pay EMD:
8.3.0 EMD will be deposited through e-payment directly in the IOC account and receipt
shall be uploaded along with the Techno-commercial Bid.
8.4.0 The earnest money deposit shall not carry any interest.
8.5.0 The EMD of unsuccessful tenderers shall be refunded through E-PAYMENT MODE
after the Technical evaluation is approved by the competent authority.
8.6.0 The EMD of successful tenderer shall be adjusted against Initial Security Deposit
(ISD) and balance ISD if any shall have to be paid within 10 days from receipt of
Letter of acceptance (LOA). For successful bidder/ L1 bidder the original copy of
the bank guarantee submitted against EMD shall be returned to the bidder after
award of work and he will have to submit fresh BG against SD/ ISD/ any other
additional bank guarantee required as per contract terms and conditions. BG
submitted against EMD will not be adjusted with any other BG. The amounts
indicated in the letter of Acceptance of tender against ISD will be treated, as Security
Deposit and further deduction will be made from the running bills against the balance
Security Deposit. The Security Deposit will be released after completion of defect
liability period. In case of Bank Guarantee (BG), validity of BG shall cover defect
liability period plus three months from the date of completion of the work as
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mentioned in completion certificate issued by the EIC. Any Bank Guarantee to be
submitted by bidder should be issued from any Nationalized/ Scheduled Bank in
India.
8.7.0 The Earnest Money deposit of the successful tenderer shall be forfeited in the event of
his failure to furnish the security deposit / failure to start the work within the date
mentioned in the site clearance letter to do so.
8.8.0 In case the tender is accepted and the contractor fails to deposit the amount of Initial
security deposit or to execute the contract agreement within the stipulated period, the
earnest money shall liable to be forfeited. In case of failure of the party for more than
one occasion, the tenderer may be put on holiday list for a period of one year, after
following the laid procedure in this regard.
8.9.0 In case the tenderer alter / modify / withdrawn his bid after opening the price bid and
within the validity period, the tender submitted by the tenderer shall be liable to be
rejected and EMD forfeited. In case of failure of the party for more than one occasion,
the tenderer may be put on holiday list for a period of one year, after following the laid
down procedure in this regard.
8.10.0 In case of EMD value of more than Rs.1.0 (One) lakh bidders will be allowed to
submit EMD through BG. For submitting EMD through BG the following bank
account particulars has to be followed.
Account No - 11062759282
State Bank of India, Elgin Road Branch
Kolkata - 700020
IFSC Code- SBIN0001768
Bidders to ensure that IFSC Code of IOCL’s Bank as mentioned above, to be submitted
to the bidders bank while opening the EMD BG, so that BG confirmation is
transmitted through SWIFT Message to IOCL’s Bank under SFMS System.
9.1.0 Evaluation of the tenderer shall be primarily done based on the following qualifying
criteria. The Bidder may apply for one or more groups as per his/her financial
capabilities.
(A) Experience (Technical): Completed value of similar nature of work as defined in
detailed NIT against single work order, the intending tenderer should have executed
as main or as sub-contractor during any of seven years ending on last day of the
month, immediately previous to the month in which the last date of bid submission
falls.
i. 3 similar completed works each costing not less than Rs. 2.20 lakh (Rupees
Two Lakhs Twenty thousand only) OR
ii. 2 similar completed works each costing not less Rs. 2.93 lakh (Rupees Two
Lakhs Ninety Three thousand only) OR
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iii. 1 similar completed work costing not less than Rs. 3.66 lakh (Rupees Three
lakhs Sixty Six thousand only)
Note: The qualification document should include work order (WO) along with
Completion certificate as main or as approved sub-contractor, clearly specifying
WO no. , Final executed value & Duration of Contract. Copy of TDS Certificates
has to be submitted in case of sub-contract work orders or in case where the
tender issuing authority specifically asks for the same.
(B) Financial criteria: Annual turnover of the tenderer for at least one of the last 3 (three)
financial years shall not be less than Rs.4.40 lakhs (Rupees Four Lakhs Forty
Thousand only)
Consortium / Joint Venture- In the case of Consortium, the Leader of the
Consortium will have to meet the experience criteria mentioned at (A) above. Any one
of the consortium members may satisfy the Financial criteria in (B). In the case of
offers from Joint Venture Company, any of the partners of the Joint Venture Company
will have to meet the experience criteria mentioned in (A) and any one of the partners
will have to meet the financial criteria in (B).
9.3.0 Besides the above, the offer shall also be evaluated keeping in view the Tenderer’s
present commitment, deployment capability of specified equipment & manpower,
past work experience of executing similar activities and capabilities of the sub-
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contractors proposed for this works and their confirmation about their ability to
strictly adhere to the proposed completion schedule.
9.4.0 In addition to the above the performance of party/ongoing work execution for
IOCL if any shall have important bearing in evaluating the bidder’s techno-
commercial capability.
9.5.0 Bidder to note that the issuance of the tender document is not to be construed as the
qualification for the tendered work. While bidding, prospective bidder(s) shall ensure
on their own that the above qualifying criteria have been fully understood and
complied with and the same shall be evaluated based on the documents submitted with
their offer in line with tender conditions.
10.1.0 Corrigendum/ Addenda/ Clarifications may be issued prior to the date of opening of
the tender to clarify issues arising out of various queries/ clarifications relevant to the
tender documents from tenderers or to reflect modification in the design or contract
terms. Such addendum/ addenda shall be issued to each party at the E-mail ID
furnished while registering with the IndianOil e-tendering site
https://iocletenders.nic.in for downloading the tender document. Each recipient shall
retain one copy of such corrigendum/ addendum/ addenda for submission along with
the tender in acknowledgement of receipt thereof. All such addendum issued shall
form part of the tender documents.
10.2.0 If a party does not view / fails to view the corrigendum/ addenda / clarification
hosted on the website while registering with IndianOil e-tendering site
https://iocletenders.nic.in on any accounts whatsoever and their offer is without
considering the corrigendum / addenda / clarification, then owner may reject the
offer.
11.1.0 Tender submitted by the tenderer shall remain valid and open for acceptance for a
period of 4 (four) months from the date of opening of Techno-commercial part of the
tender. The rates quoted in the schedule of rates shall remain firm during the validity
period.
12.3.0 After opening of the Bid, no suo motto reduction in price by the tenderer will be
permitted within the validity period of the offers except from the lowest tenderer. In
case of any suo motu reduction by the tenderer other than lowest, the concerned tender
21
shall be liable for rejection.
12.4.0 The tenders are also liable for rejection in following events :
1. Bids with deliberately furnished wrong information. In case of bidder is found
deliberately furnishing wrong information or false documents, his or her bid will be
liable for straightway rejection without any techno commercial query being raised by
the owner in this regard and Owner will reserve the right to forfeit EMD submitted
by the bidder against this tender.
2. Not meeting pre-qualification criteria. Notwithstanding any other conditions/
provision in the bid documents, in case of ambiguity or incomplete documents
pertaining to BQC, bidders shall be given one opportunity with a fixed deadline
after bid opening to provide complete and unambiguous document in support of
meeting the BQC. In case the bidder fails to submit any documents or submit
incomplete documents within the given time, the bid shall be liable to be
rejected.
3. Non furnishing required details in time/ Non-responsive to tender requirements.
4. Vendor not having PAN card.
5. Vendor does not submit requisite EMD amount before closing date and time of
tender or Payment of EMD is made through NEFT/RTGS in wrong account other
than that stipulated through E tendering portal.
6. Bidder not registered with GST laws pertaining to the state of its operation.
7. Bidders who have already been holidaylisted/ blacklisted or poor past performance
records or adverse comments from EIC during execution of any type of work in
IOCL. Bidder is banned for participation in tenders for a specific period as per CPE
guidelines.
8. If any information given by the Bidder/ Tenderer is found to be incorrect in any
particular considered by the OWNER to be relevant for the evaluation of the bid/
tender or is found by the OWNER to misrepresent facts, or if any of the documents
submitted by the Bidder/ Tenderer in support of or relevant to the bid/ tender is
found by the owner to be forged, false or fabricated, the OWNER may reject the
bid, and without prejudice to any other right(s} of action or remedy available to the
OWNER, the Owner may forfeit the Earnest Money given by the Bidder in the form
of Earnest Money Deposit or Bank Guarantee in lieu of Earnest Money Deposit in
order to compensate the OWNER for the expenses incurred by it in considering the
bid {and not by way of penalty} and take action for putting the Bidder/ Tenderer
on holiday list for such period as the OWNER in this behalf considers warranted
and/ or to remove the Bidder/ Tenderer from the approved list of Vendors/
Contractors. If prior to the discovery of incorrect information, misrepresentation or
false, forged or fabricated document(s), the bid/ tender has resulted in a contract, the
contract shall be liable to be terminated by the OWNER pursuant to the provisions of
Clause 7.0.1.0 of the General Conditions of Contract with the consequences of
termination as provided in Section 7 of the General Conditions of Contract.
9. Bidder is undergoing proceedings under Corporate Insolvency Resolution Process
(CIRP). In this regard Bidders shall submit declaration on proceedings under
Insolvency and Bankruptcy Code, 2016. Offer will not be considered of bidder(s) in
the following cases:
22
(a) If the bidder is undergoing insolvency resolution process or liquidation or
bankruptcy proceedings under Insolvency and Bankruptcy Code, 2016 (Code) or
any other applicable law (in cases where code is not applicable).
(b) Insolvency resolution process or liquidation or bankruptcy proceeding is initiated
under the Code or any other applicable law (in cases where code is not applicable)
against/ by the bidder at any stage of evaluation of the bid.
In case where the bid of the L-1 bidder is rejected on the aforesaid grounds during
the period between Price-Bid-Opening and Award of Contract, the bid of the next
higher eligible bidder will be considered for further processing.
10. Bidder stipulating his own terms and conditions or deviating from the tender
mentioned terms and conditions which are not acceptable to IOCL.
11. Stipulates the validity period of the bids lesser to what is stated in the Tender
Document.
12. Quotes the rates or prices in documents other than price bid documents (for two bid
tenders).
13. Stipulates his own conditions.
14. Does not disclose the full names and addresses of all his partners in the case of a
Partnership concern.
15. Does not fill in and sign the tender form as well as the schedule of rates, annexures,
specifications, etc.
16. Does not have his PF Code/ Number from the Regional Provident Fund
Commissioner.
17. Does not propose to make available sufficient number of manpower/ other machinery
required for satisfactory execution of work in the offer does not give proof of past
performance.
18. Does not submit acceptable instruments towards EMD along with
technical/commercial bid, but submits with the price bid in the case of Two Bid
System of Tendering.
19. Any discrepancy done with the BOQ uploaded on the e-tender portal.
20. Revised price bid during validity period without being asked for.
23
the Directors of the Company is a Director or is related to any Director of IOC,
present or retired.
5. Bidders should submit their bids as per the format attached with the tender or by way
of return of original tender document duly filled in, signed and stamped. Wherever
required, the same shall be submitted on their letterhead. If any other communication
or terms and conditions are being attached by the bidder in the tender document, the
same shall also be on bidder’s letterhead.
6. The bidder shall upload the legible scanned copies of the qualification documents
within the period of bid submission. The price bid shall also be submitted online
only. The price offered by the bidder shall not appear anywhere in any manner in the
Technical Bid.
7. Any tender submitted by the bidder in violation of the above shall be liable for
rejection.
8. On account of exigencies, if bidders are asked to extend the validity the same should
be without any deviation in the terms and conditions including change in prices.
However, bidders would be allowed to withdraw. If a bidder still deviates or changes
price, his offer shall be rejected.
13.0.0 AWARD OF WORK
13.1.0 The tenders received and accepted will be evaluated by Owner to ascertain the relative
position of the best-evaluated techno-commercially acceptable lowest quoted tender in
the interest of owner, for the work covered by the Tender documents.
13.2.0 Conditions on Benefits / Preference for Micro & Small Enterprises (MSEs):
I. As per Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012
issued vide Gazette Notification dated 23.03.2012 and its amendment vide Gazette
notification dated 9th November 2018 by Ministry of Micro, Small and Medium
Enterprises of Govt. of India, MSEs must be registered with any of the following in
order to avail the benefits/preference available vide Public Procurement Policy MSEs
Order, 2012.
d. Coir Board
II. MSEs participating in the tender must submit the certificate of registration with any
one of the above agencies. MSE preference with respect to exemption of tender fee /
EMD shall be given to MSE registered bidders. MSE Purchase preference shall be
given to only MSE Manufacturers in case of supplies irrespective of Tendered item
24
and MSE Service providers in case of Services. Traders registered under MSE shall be
given only EMD / Tender Fee exemption. No Purchase Preference is applicable to
Traders.
III. The registration certificate issued from any one of the above agencies must be valid as
on close date of the tender. The successful bidder should ensure that the same is valid
till the end of the contract period.
IV. The MSEs who have applied for registration or renewal of registration with any of the
above agencies / bodies, but have not obtained the valid certificate as on close date of
the tender, are not eligible for exemption/preference.
V. The MSEs registered with above mentioned agencies / bodies are exempted from
payment of Earnest Money Deposit (EMD).
VI. Purchase Preference – Subject to meeting terms and conditions stated in the tender
document including but not limiting to prequalification criteria, twenty five percent of
the total quantity of the tender is earmarked for MSEs registered with above
mentioned agencies/bodies for the tendered item. Where the tendered quantity can be
split, MSEs quoting a price within a price band of L1 + 15 percent shall be allowed to
supply up to 25 percent of total tendered quantity provided they match L1 price. In
case the tendered quantity cannot be split, MSE shall be allowed to supply total
tendered quantity provided their quoted price is within a price band of L1 + 15 percent
and they match the L1 price. In case of more than one such MSEs are in the price band
of L1 + 15% and matches the L1 price, the supply may be shared proportionately.
Type of Tender Price Quoted by MSE How the tender shall be finalized
VII. Out of the twenty five percent target of annual procurement from micro and small
enterprises 5% (Five) percent shall be earmarked for procurement from micro and
small enterprises owned by Scheduled Caste / Scheduled Tribe entrepreneurs and 3%
(Three) from micro and small enterprises owned by women. In the event of failure of
such MSEs to participate in the tender process or meet the tender requirements and L1
price 8% (Eight) percent sub-target so earmarked shall be met from other MSEs.
VIII. To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by
District Authority must be submitted by the bidder in addition to certificate of
registration with any one of the agencies mentioned in paragraph (I) above. The bidder
shall be responsible to furnish necessary documentary evidence for enabling IOCL to
25
ascertain that the MSE is owned by SC/ST. MSE owned by SC/ST is defined as:
b. In case of partnership MSE, The SC/ST partners shall be holding at least 51%
shares in the enterprise.
c. In case of Private Limited Companies, at least 51% share shall be held by SC/ST
promoters.
IX. Similarly, to qualify for entitlement as women owned MSE, all relevant certificate
issued by concerned authorities must be submitted by the bidder in line with Clause
VIII above. The bidder shall be responsible to furnish necessary documentary
evidence for enabling IOCL to ascertain that the MSE is owned by women.
X. MSEs owned by SC/ST & Women entrepreneurs have to submit relaxed 50 % value of
PBG requirement as per tender terms {i.e. MSEs owned by SC/ST & Women
entrepreneurs have to submit relaxed PBG of 5% (if 10% applicable for other bidders)
or 2.5% % (if 5% applicable for other bidders) etc. of total order value as per tender
terms}.
NOTE:
1. In case where tender quantity can be split and MSE vendor is already getting order
for more than 25% of the tender value, no additional purchase preference is required to
be given in that tender.
2. In case MSE vendor is already getting order for less than 25% of the tender
quantity, purchase preference to this and other MSE vendors (together) shall be given
only up to the differential quantity to make total as 25% to MSE vendor.
4. MSE bidders who are traders and registered under Services category shall not be
considered for Purchase Preference (Clause VI above) for procurement of Materials.
Similarly, MSE vendors who are registered under Manufacturer category shall not be
considered for Purchase Preference (Clause VI above) for procurement of services.
13.2.1 Considering the critical nature of job, the above job is indivisible/unsplittable
nature and purchase preference will be extended to the MSE bidders accordingly.
13.2.2 In all scenarios as detailed above, in case two or more MSE bidders have quoted
the same price, then for price matching, both will be asked to match L1 price and
subsequently clause no 13.4.0 hereinafter will be followed for deciding final L1
bidder.
26
Considering the critical nature of the job, no PQC relaxation shall be provided to
the entrepreneurship bidders.
13.4.0 In case more than one L1 bidders:
After opening of price bids if it is found that there is a tie between two or more bidders
at L-1 position, all the L-1 bidders should be asked to submit discount over previous
quoted rate in a sealed envelope/through mail after taking the approval of the
competent authority. Upon considering discount over the earlier quoted amount further
L-1 bidder will be decided. In case not obtaining response from any L-1 bidder within
stipulated time frame, his response will be ignored and L-1 bidder will be decided
accordingly.
13.5.0 Price Negotiation:
Negotiations will not be conducted with the bidders as a matter of routine. However,
Corporation reserves the right to conduct negotiations. Bidders to quote competitive
prices considering the fact that price negotiations, if required, will be held with the
lowest tenderer only. If reverse auctioning takes place, negotiation will be carried out
with the lowest tenderer/L1 bidder only upon completion of the reverse auctioning
process in the e tendering portal. In this case of negotiation L1 bidder will have to
completely co-operate with the owner and make himself or his authorized
representative available for conducting the negotiation on due date and time.
15.1.0 Tenderers shall quote their prices in Indian Rupees (`) only.
15.2.0 All payments will be made through E-payment mode in Indian Rupees (`) only. In
case tenderers are required to pay any amount in foreign exchange to their sub-
Contractor or for any imported items, necessary arrangement for such foreign
exchange payment shall be made at their end.
15.3.0 The format for vendor details is enclosed herewith. The contractors have to submit
their bank details at the time of submission of bid.
15.4.0 In the case of Consortium tenders, the payments shall be released only to the Leader of
the Consortium.
16.0.0 PLACE OF PAYMENT
16.1.0 All the payments shall be released from: The office of the Indian Oil Corporation Ltd.
(Pipelines Division), PHBPL, Haldia.
17.1.0 The following document(s) as stated in clause No. 4.8 of Instructions to Tenderers
(Page-115) & Form of Tender (Page 125-127) of General Conditions of Contract are
not required to be submitted with the bidder’s offer. (a) Income Tax Clearance
Certificate (in the case of Indian Bidders)
27
17.2.0 In the form of tender for price bid (page-125), commercial bid (page 127) and Format
for Bank Guarantee in lieu of Earnest Money Deposit (page 133-134) of GCC, the
following changes may be incorporated while submitting the bid:
As per GCC To be changed as
Page-125 & 127 (Form of Tender – Price To,
bid/ Commercial bid) Indian Oil Corporation Ltd.
To, (Pipelines Division)
Indian Oil Corporation Ltd. Indian Oil Bhawan , A-1, Udyog Marg,
(Refineries/ Pipelines Division) Sector-1, Noida (U.P.)
______ Refinery/ Project)
Page-133 (format for BG in lieu of EMD) To,
To, Indian Oil Corporation Ltd.
Indian Oil Corporation Ltd. (Pipelines Division)
(Refineries Division) Indian Oil Bhawan , A-1, Udyog Marg,
Sector-1, Noida (U.P.)
28
impact of the new taxes is in excess in aggregate of the rate and impact of existing output tax
or taxes which it replaces, the OWNER shall on satisfactory proof reimburse the
CONTRACTOR the additional tax paid by the CONTRACTOR as the result of the imposition
of the new taxes provided they are within the ‘contractual completion period’. If on the other
hand, the rate and impact of the new tax is less than the aggregate rate and impact of the
tax(es) which it replace, the CONTRACTOR shall pass on to the OWNER the benefit thereof
by reduction in the amount payable by the OWNER to the CONTRACTOR. The computation
of differential shall also take into account the additional “input tax credit” availed by the
bidder on introduction of such new tax. Beyond the contractual completion period also
(including any grant of time extension), IOCL shall reimburse the additional tax burden,
limited to its ITC entitlement on the increase in output taxes or new output taxes, as per
applicable law. In other cases, Contractor shall bear the increase in the rates of existing taxes
or any new output tax.
Similarly, if there is any reduction in any of the said taxes, the contractor shall pass on the
benefit of such reduction to IOCL by invoicing at the applicable reduced rate.
8.1.1.4
If there is an increase in the rate of any of the output taxes or any new output tax is introduced
in addition to the existing taxes or in lieu of existing taxes where the total financial
implication on account of new output taxes is more and arise beyond the ‘contractual
completion period’, OWNER shall reimburse the same if the increase in output taxes is
entitled for tax credit. In other case, CONTRACTOR shall bear the increase in the rates of
existing taxes or any new output tax.
8.1.1.5 Deleted.
8.1.1.6
Output tax means Goods and Services tax payable by contractor to the tax authority on Goods
and Services in execution of works, applicable to the invoices raised on the owner. It also
includes CONTRACTOR who is buying Goods and Services on behalf of owner.
8.1.1.7
The contractor will be liable to ensure to have registered with the respective tax authorities
and to submit self-attested copy of such registration certificate(s) and any taxes/duties/levies
being charged by the Contractor would be claimed by issuing proper invoice/challah
indicating details/elements of all taxes charged and necessary requirements as prescribed
under the respective tax laws and also to mention correct and valid registration number(s) on
all invoices to IOCL.
8.1.1.8
The contractor would be liable to reimburse or make it good of any loss/claim by IOCL
towards tax credit rejected/disallowed by an of the tax authorities due to non-deposit of taxes
or non-compliance of tax laws by the Contractor.
8.1.1.9
The contractor will be under obligation for quoting / charging correct rate of tax as prescribed
under the respective tax laws. Further the contractor shall avail and pass on benefits of all
exemptions/ concessions available under tax laws.
8.1.1.10
The contractor has to get registered as per tax law of the state where the work is to be
executed and the contractor will be responsible for procurement of material in its own
registration (GST etc.) and also to issue its own Road Permit etc.
8.1.1.11
IOCL will issue Road Permit to the Contractor only in those cases where materials is
29
purchased by IOCL directly and the Contractor will be under obligation for proper utilization
for the specific supply and in case of seizure of goods/ vehicle, the Contractor will be wholly
responsible for release and also reimburse the litigation cost IOCL.
30
Tender No: PHBTS20004: Special Conditions of Contract
31
Tender No: PHBTS20004: Special Conditions of Contract
2.2.0 It will be imperative on each tenderer to acquaint him with all local conditions and factors
which may affect the execution of work covered under the scope of Tender document.
2.3.0 The Tenderers are requested to familiarize themselves with the Indian Income Tax Act 1962
with latest amendments, Indian Companies Act, various Govt. circulars/ notifications regarding
levy of goods and service tax and other related Acts and laws and regulation of India with their
latest amendments, as applicable.
32
Tender No: PHBTS20004: Special Conditions of Contract
2.4.0 The successful Tenderer, to whom the work shall be awarded, shall arrange all necessary
permissions / clearances on his own initiative and contingent costs thereto. It must be
understood & agreed that above factors have been properly investigated and considered while
submitting the offer. No claim for financial or any other adjustments to contract price or
completion time on account of lack of clarity of such factors shall be entertained. Tenderers
must make themselves clear and satisfied about the nature of job, site conditions, Vehicle route,
risks, contingencies, availability of materials/labor etc. in all respects before submitting their
offers for this job.
3.0.0 SCOPE OF WORK
3.1.0 The owner intends to carryout hydraulic analysis of existing & proposed extension of fire water
network of following two locations:
3.2.0 The fire water network has been designed for meeting the requirement of OISD-STD-117 (latest
edition) & OISD 214 and maximum fire water demand flow rate considered by owner at all the
locations as per OISD-117 & OISD-214 and the network has to be sized for 120 % of the design
flow rate. Hence, Hydraulic analysis for the network has to be carried out. However, in each
location the network hydraulic analysis shall be carried out as per designed water demand.
3.3.0 Scope of work shall be inclusive but not limited to the following:
Site visit for collection of necessary data such as actual topography of the site, existing fire
water network piping system. All the technical details of the existing network system & the
foam system shall be collected by the agency during the site visit.
Model Building & Flow Analysis based on layout drawings of station submitted by the
owner and the field data collected by the agency during the site visit.
Model building has to be carried out based on various tank fire scenarios and pump shed
fire demand based on OISD-117 (latest edition) requirement including water demand for
supplementary protection. Two major fire conditions has to be simulated during carrying
out the flow analysis based on theoretical fire water requirement and actual data of the
existing sprinkler system and foam pourer system.
Technical Analysis, Preparation of Report and recommendations.
In order to meet OISD-117, OISD 214 & OISD-244 agency to study adequacy of the
existing fire water network piping and other firefighting piping.
The recommendations of fire water network sizing shall include the actual water demand of
existing piping, water spray system, sprinkler system & foam pourer system.
The agency will suggest the requirement of orifice plate (if required) for flow and pressure
control of firefighting pumps & Jockey Pumps.
Agency has to suggest details of orifice plate (if required) likes its dimension, material of
construction and its location in the layout drawing indicating specific serial no. to each
orifice plate to get desired pressure and flow at various demand nodes.
The agency will submit the detail schematic diagram & report for the fire water line sizing
of stations Fire Fighting System including existing fire fighting systems, sprinkle system
and foam pourer system.
All man, material, tools, tackles, measuring instruments etc. required to carry out the study
shall be in the scope of party.
33
Tender No: PHBTS20004: Special Conditions of Contract
3.4.0 Deliverables:
7.2.0 The progress of work shall be monitored on daily basis and reasons for not attending the
targeted progress shall be recorded jointly. In the event of failure on the part of the Contractor to
adhere to the daily work programs drawn up by the Site Engineer/ Engineer-in-Charge, the
provisions of General Conditions of Contract shall apply. The decision of the Engineer-in-
Charge as to whether a failure on the part of the Contractor to comply with the daily work
programs drawn up has occurred or not shall be final and binding on the Contractor.
7.3.0 Any delay caused due to non-availability of work fronts (including delayed availability of work
front, wherever applicable) and/or due to the requirements of other Contractors and/or agencies
engaged at the work sites shall not entitle the Contractor to any extra payments/ claims
whatsoever, whether for idleness or otherwise. Only suitable extension of time for completion
shall be granted in accordance with the provisions of General Conditions of Contract, provided
the reasons for delay are not attributable to the Contractor, and the Contractor hereby
specifically waives any and all contrary rights and entitlements.
7.4.0 The Contractor shall make every effort to keep the Engineer-in-Charge adequately informed as
to the progress of the work throughout the entire project. Regular progress review meetings shall
be held from time to time as per mutually agreed programs/ schedule. It shall be binding on the
Contractor to attend these progress review meetings with all information as desired by the
Owner.
8.0.0 ON ACCOUNT PAYMENT
8.1.0 Subject to the provisions of clause 6.4.0.0 and associated sub-clauses of GCC, “On Account”
payment will be made for the items on the basis provided there under. Each stage of payment as
indicated hereunder shall be applicable only when the work has been accepted in accordance
with the tender specification up to that particular stage.
8.2.0 Each stage of payment as indicated hereinabove shall be applicable only when the work has
been accepted in accordance with the tender specification up to that particular stage.
8.3.0 Payment of all other items of SOR shall be made on the basis of the item rate per unit as
mentioned in the SOR based on measurement of the executed work for the Running Account
bills as per provisions of clause 6.4.0.0 and associated sub-clauses of General Conditions of
Contract.
8.4.0 The payment against supply of equipment/ material at site will be made by the Owner only after
obtaining an undertaking from the Contractor that such equipment and materials will be
incorporated for the works covered under this contract and will not be taken out without
Owner’s prior permission. The Contractor has to hypothecate all these equipments/ materials to
the Owner and keep them as issued items to him.
8.5.0 Running Account Bill(s) based on payment terms in the Contract shall be paid based on joint
measurements & subject to approval of Engineer-in-Charge after deduction of necessary dues,
taxes and duties as applicable and payable by the Contractor in accordance with various
provisions made elsewhere in this matter.
8.6.0 The payment shall be made on the basis of quantity actually executed and for the unit rates the
schedule of Rates shall be referred.
8.7.0 The company makes payment through E-banking only. To facilitate the same, the details as per
Annexure-7 may kindly be submitted.
8.8.0 All payment in connection with the contract shall be made through E –Payment only. All
the payments shall be released from the office of the Indian Oil Corporation Ltd.
(Pipelines Division), PHBPL, Haldia.
35
Tender No: PHBTS20004: Special Conditions of Contract
8.9.0 Payment shall be made for the composite items as per SOR based on measurement of the
executed work for the Running Account bills as per provisions of clause 6.4.0.0 and associated
sub-clauses of GCC.
8.10.0 The payment shall be made on the basis of Final bill as per actual executed work for the
contract. Final payment will be released only after the restoration of the site as certified by EIC.
The SD money will be released at the end of the defect liability period after due certification of
the EIC.
8.11.0 There shall be no mobilization advance in this contract.
8.12.0 PAYMENT TERMS:
Payment shall be made for the items as per SOR based on measurement of the executed work
for the Running Account bills as per provisions of clause 6.4.0.0 and associated sub-clauses of
GCC.
36
Tender No: PHBTS20004: Special Conditions of Contract
13.2.0 Bell hole inspections shall be carried out for the first known fault location during DCVG to
ensure and ascertain the accuracy of the surveys made and equipment used.
13.3.0 Only on bell hole observations confirming the correctness of DCVG survey results the work
shall be reckoned for billing.
14.0.0 SETTING OUT OF THE WORKS
14.1.0 The Contractor shall be responsible for the true and proper setting out of the works and for the
correctness of the position and levels, dimension and alignment of all parts of the works and
for the provision of all necessary instruments, appliances and labour in connection therewith.
14.2.0 If at any time during the progress of the works any error shall appear or arise in the position,
levels, dimensions or alignment in any part of the work; the Contractor, on being required to
do so by the Engineer-in-Charge or the Site Engineer, shall at his own expense rectify such
error to the satisfaction of the Engineer-in-Charge or Site Engineer unless such error is based
on incorrect data supplied in writing by the Engineer-in-Charge or Site Engineer in which case
the expense of rectifying the same shall be borne by the Owner.
14.3.0 The checking of any setting-out or of any line or level by the Engineer-in-Charge or the Site
Engineer shall not in any way relieve the Contractor of his responsibility for the correctness
thereof and the Contractor shall carefully protect and preserve all bench marks, pegs and other
things used in setting-out the works.
15.0.0 SAFETY & POLLUTION CONTROL
15.1.0 In addition to the provisions of clause No. 10.0.0 of General Conditions of Contract,
Contractor shall take all reasonable precautions to avoid pollution or contamination of the air,
land or water arising out of the performance of the work. Should there be a discharge or escape
of appreciable quantity of pollutants or contaminants during performance of its obligations
under this Contract which occurs as a result of activities of Contractor or its sub-Contractor,
the Contractor shall immediately take all action necessary to contain, control, recover or
disperse the substance and to eliminate the safety and environmental risks and correct the
damage resulting there from.
15.2.0 ADHERENCE TO SAFETY PROCEDURES AND PRACTICES
15.2.1 With a view to improve the safety aspects of execution of the job based on the job
requirements following penalties will be imposed for violation/non-adherence of safety
procedures:
10. Earthlings of machineries and equipments shall be ensured. No open/ bare connections
allowed. The arrangements should be checked periodically for damages to insulation and
loose connections, etc and rectified so that the wiring becomes non-hazardous.
11. The areas of working during nights shall be properly illuminated with flood- lights and
hand- lamps as per the demand of the job.
12. Danger signals and safety tags in the live areas shall be demonstrated properly. All
connections are to be switched off after the working hours.
13. Proper and correct lifting methods shall be adopted.
14. All lifting tools, jacks, tackles and wires ropes etc shall be of tested quality for safe
Working loads. Wire ropes shall be of sound construction without any splaying.
15. Check to be exercised before using ropes with for broken wires. Manufacturer’s
guidelines/standards instructions are to be followed for using wire ropes and slings with
broken wires. Ropes having damage in the core shall be rejected. Experience and
common sense is of immense help.
16. Usage of hoisting belts/safety belts is must for personnel working at higher elevations.
Such safety belts and hoisting belts are to be certified by safety personnel of the
station/EIC. Besides initial certification EIC/Safety personnel can inspect/assess the
condition and reject any or all such belts at any point of time.
17. Only safe gangways/walkways shall be used for movement of personnel.
18. Check connections to headman anchors before hoisting.
19. All live wires to be crossed during hoisting shall be made dead near the vicinity of the
area during hoisting/ rigging.
20. Avoid keeping the loads supported by hoisting equipments for an unreasonable length of
time.
21. Ropes, cables, and slings must be protected with pads or wooden blocks at sharp edges.
15.4.0 SAFETY-GENERAL
1. Safety starts from the individual on the job. Experience and common sense shall be
generously used. In case of doubt “Ask somebody who knows” shall be the motive.
2. Proper communication and alertness on the job is to be ensured.
3. Correct tools and tackles should be used for every work. Make shift tools and tackles
will result in accidents.
4. Fire-fighting equipment shall be placed at designated locations and kept Unobstructed.
5. Do not use loose clothing, neckties, etc. while on the job.
6. Safety precautions recommended by the manufacturers/ vendors shall be strictly adhered
to.
7. All machinery, tools and tackles shall be maintained properly, and clearly.
8. System of issuing safety work permits in case of dangerous and hot jobs shall be
introduced.
9. Safety belts, protective nets are to be used for safety of personnel working at heights.
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Tender No: PHBTS20004: Special Conditions of Contract
10. The following requirement shall be complied with by the Contractor in the event of an
injury being sustained by anybody on the works:
a. All injuries occurring on works whether minor, major or critical shall be reported
in the prescribed work Accident Forms to EIC and Site Engineer immediately or
within half an hour of occurrence of the event, as per rules of the Corporation.
b. All injuries occurring on works shall be shown at First Aid room and ambulance
service up to First Aid room will be made available to Contractor without any
charge, if required.
c. The EIC shall be kept informed by the Contractor on daily basis regarding
Condition, recovery/progress and date of joining in duty about the persons who
after being inflicted by critical injuries were firstly examined and treated outside.
16.0.0 RESTRICTION OF VISITORS
16.1.0 The Contractor shall not allow any visitors on the work or premises of the sites without
approval of the Engineer-in-Charge and/or Site Engineer.
17.0.0 LABOUR LICENCE
17.1.0 Before starting of work, the Contractor shall obtain a license (If Applicable) from concerned
authorities under the Contract Labour (Abolition and Regulation) Act, 1970, and furnish a
copy of the same to the Engineer-in-Charge.
17.2.0 Every worker engaged by the contractor should be enrolled under the following schemes:
Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY)
Pradhan Mantri Suraksha Bima Yojana PMSBY)
Under the two schemes, an amount of Rs.342 per person (as on date) shall be considered
by the prospective bidder while submitting the price bid Subsequent escalation/de-
escalation shall be assessed by the contractor at his own. Proof of payment towards the
above two schemes shall be submitted by the corrector to ElC for verification of the same
from time to time.
18.0.0 PERSONAL ACTS AND LIABILITIES
18.1.0 Any money paid to any director, attorney, agent, officer or employee of the Contractor and any
receipt, settlement, acknowledgement of liability or other arrangement, agreement or document
whatsoever signed by any such director, attorney, agent, officer, or employee of the Contractor
or erstwhile director, attorney, agent, officer or employee of the Contractor (without notice of
his cessation of interest) or by any person held out to be a director, attorney, agent, officer or
employee of the Contractor authorized to act on behalf of and/or to bind the Contractor, be
binding upon the Contractor and shall constitute a full release and discharge to the Owner
and/or settlement, acknowledgement or obligation of, upon or with the Contractor, as the case
may be, and the Owner shall not be concerned with the actual application of any money so
paid or of the actual authority of such director, attorney, agent, officer or employee (actual,
erstwhile or purported as the case may be) vis-à-vis the company to make the settlement,
receipt, acknowledgement, agreement or other document concerned.
18.2.0 The Contractor shall at his own cost and initiative arrange for and obtain all necessary
permissions, permits, consents and license, as may be necessary, to transport the equipment/
material, machinery and labour along or across highway, roadway, railway,bridge, dike, dam,
river or through posts of toll collection, octroi checks or other line border or barrier.
19.0.0 INDEMNITY AND INSURANCE
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Tender No: PHBTS20004: Special Conditions of Contract
19.1.0 In further to provisions of clause 8.5.0.0 of GCC, the Contractor shall undertake to provide
comprehensive accident insurance coverage in respect of every employee employed by him for
carrying out Owner’s job. Contractor shall satisfy the Owner of the same within the time
prescribed by the Owner but before the actual commencement of the job awarded to him.
20.0.0 FORCE MAJEURE
20.1.0 In partial modification of clause 4.3.8.0 of GCC, Local "Bandh" shall be included in "FORCE
MAJEURE".
21.0.0 TAXES & DUTIES
21.1.0 The contractor shall be fully and exclusive responsible for the payment (and liable for all
consequences in the event of default) in case of any and all taxes now or hereafter imposed,
increased, or modified from time to time in respect of the above job and all contributions and
taxes for unemployment compensation, insurance and old age pensions and amenities now
hereafter imposed by any law of the government / local bodies which are imposed with respect
to covered by the wages, salaries or other compensation paid to the persons employed by the
contractor. The corporation shall have no liability whatsoever concerning the employees of the
contractor. The contractor shall keep the corporation indemnified against all losses or damage
or liability arising out of or imposed in the course of employing the persons or out of his
relation with his employees. The contractor shall make regular and full payment of wages /
salaries including overtime, night halt allowances, as per rules in force and any other payments
due to his employees and furnish necessary proof whenever required by the corporation.
21.2.0 The contractor shall comply with all acts, laws and regulations applicable to the area with
regard to the performance of the work including but not limited to the Motor Minibus Act,
Minimum wages act, Contract Labour (Regulation and abolition ) Act, 1970, Industrial
Dispute Act, 1947, Shops and Commercial Establishments Act, Factory Act, Workmen
Compensation Act, Payment of Wages Act, Bonus Act, Employees Provident Fund Act, etc.,
and such other applicable Central / State Acts from time to time and shall take such steps as
may be deemed necessary in this regard
21.3.0 The contractor shall defend, indemnify and hold the corporation harmless from any liability,
penalty which may be imposed by the central, state or local authorities by reason, of any
regulations or requirements and also from all claims, suits arising out of or by reason of the
work provided by this contract including any liability that may arise out of accident whether
brought by the employees of the contractor or by the third parties or by the central / state govt.
authority or any subdivision thereof.
21.4.0 The contractor shall at his own cost arrange all road permits, permissions / approvals etc. as
required from any authorities whatsoever, in connection with this contract.
21.5.0 Income Tax/TDS/Withholding Tax
21.5.1 Income Tax along with surcharge of Income Tax & Cess as applicable at the prevailing rate on
the gross amount billed shall be deducted from the Contractor's bill as per applicable laws.
21.5.2 Notwithstanding anything contained anywhere in the Tender documents or any intimation,
notice, questionnaire, clarification, correspondence or communication at any time before
submission of Tender, the following clauses shall apply for the purpose of Income
tax/TDS/Withholding Tax described herein below:-
1. The BIDDER shall be exclusively responsible and liable to pay taxes on income
comprised in all or any payments arising out of the Contract; whether payable/paid in
India or in any other jurisdiction and quoted prices shall be inclusive of Income Tax.
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Tender No: PHBTS20004: Special Conditions of Contract
2. All amounts in this Tender for supply of equipment, machinery, catalyst or any other
Supply of goods made from outside India is not liable for any withholding tax in India
because title to goods are transferred in favour of OWNER outside India. However, in
case it is applicable, all amounts in this Tender for supply shall be gross of withholding
tax levied under Indian Income Tax or Double Taxation Avoidance Agreement. Owner
shall deduct the Withholding Tax payable to Government of India from the total amount
payable for such supplies. All relevant documents for such payment shall be provided to
the Owner.
3. Withholding tax/tax deductible at source is applicable to all payments of Services to be
made to the BIDDER. Withholding/deduction are required to be made at the rates
specified in the Indian Income Tax Act. However, in case of non-resident BIDDERs,
lower of the rate of withholding tax as available in the relevant Double Taxation
Avoidance Convention Agreements (DTAA) as notified or amended from time to time
as compared to the rate applicable as per relevant Income Tax Act will be applicable
subject to certain specified documentary compliances. Therefore, it is incumbent upon
the BIDDER to decide and declare whether it intends to take benefits of lower rate of
Withholding Tax and commit to provide necessary documents. As per extant provisions
of Income Tax Act and Rules made there under following documents are mandatory for
this purpose (a) Tax Residency Certificate (TRC) issued by the competent authority of
the country of residence of the BIDDER (b) Form 10F as described in Indian Income
Tax Rules, 1962 and (c) PAN No as per Indian Income Tax Act or a declaration in
specified format in lieu of Permanent Account Number (PAN) (d) No Permanent
Establishment Certificate (if applicable).
4. The Indian Income Tax Act and rules made there under contains provisions permitting
deduction of tax at a lower rate if the BIDDER is able to justify to the Income Tax
Authorities such lower rate of deduction. However, a deduction once made has to be
deposited by the OWNER with the Income Tax Authorities in India and will not be
adjustable by the OWNER. It is therefore in the interest of the BIDDER that prior to
release of any payment due to the BIDDER under the Contract that the BIDDER obtains,
from the relevant Income Tax Authorities in India, a certificate specifying the rate
of deduction/withholding of Income tax at source, failing which, payment to the
BIDDER shall be made by the OWNER after Withholding/deduction at the highest rate
as may be applicable to the non-resident BIDDERs as per Provisions of Income Tax Act,
1961.
5. The Building and other Construction Workers Welfare Cess as applicable at the
prevailing rate on the gross value of works excluding taxes shall be deducted from the
Contractor’s bill for remittance to Statutory Authority. IOCL shall not deduct any pay
Cess, in case contractor has already paid the Cess for the works executed and submits
proof of payment.
21.6.0 GST Compliances Requirements in Service/Composite Contracts:
Notwithstanding anything to the contrary elsewhere provided in the General Conditions of
Contract:
21.6.1 The prices shall be inclusive of all taxes and duties except Goods and Services Tax (GST) and
firm without any escalation/ de-escalation. The vendor will be under the obligation for invoicing
correct rate of tax/duties as prescribed under the GST law to IOCL, and pass on the benefits, if
any, after availing input tax credit, in calculating the revised price for settlement due to impact
on GST.
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Tender No: PHBTS20004: Special Conditions of Contract
21.6.2 GST amount shall be paid to the contractor at actuals against submission of invoice issued in
accordance with the Invoice Rules.
21.6.3 In case of recovery on account of License Fees on Land, Owner shall issue an Invoice including
applicable GST for adjustment against RA/ Final Bills.
21.6.4 The contractor shall not directly consign any material under their scope of supply to Owner.
21.6.5 Bidder has to obtain GSTIN registration at the location where Works Contract Services are to be
performed or carried out. In case of other type of services, Bidder may decide depending upon
their business requirement and provisions of GST Laws. However, it is advisable to obtain
GSTIN in the State where job is required to be carried out/ executed.
21.6.6 Bidders are to necessarily indicate their Goods and Services Tax Identification Number (GSTIN)
along with their techno commercial bids unless and otherwise they are exempted as per GST
Laws and Rules.
21.6.7 Depending upon the nature of service of subject tender, category of services, service accounting
code (SAC) and applicable rate of GST (SGST+CGST OR IGST as the case may be) is to be
confirmed by bidder as per prescribed format given in the technical bid.
21.6.8 If the bidder deviates w.r.t. category of services, service code and GST rate from that as per the
format given by IOCL in the technical bid; the details with proper justification must be
provided.
21.6.9 In case a Bidder declares that he is not required to be registered under GST laws and Rules, he
shall be treated as “Unregistered Taxable Person”. In such case, Owner is liable to pay GST
under reverse charge and therefore, for the purpose of evaluation, bid shall be evaluated after
considering GST Rates and Service Accounting Code (SAC) as determined by the Owner.
21.6.10 In case Service is specified where Service Recipient is liable to pay GST under Reverse
Charge, same shall be clearly mentioned in the specified Annexure-9.
21.6.11 Bid evaluation shall be done after considering GST Rates and Service Accounting Code (SAC)
quoted or confirmed as per the format provided in the Technical Bid or and shall be evaluated
on gross tax basis i.e. after including amount of GST so quoted or confirmed. Owner shall not
be liable to pay or reimburse rate of GST actually invoiced which is in excess of GST rate
quoted or confirmed by the bidder.
21.6.12 In case a Bidder claims that he has opted for Composition Scheme as defined in Section 10 of
CGST Act, 2017, he shall submit Form GST CMP 01 and GST CMP 02. His Bid shall be
evaluated without considering GST.
21.6.13 CGST and SGST (or UTGST) or IGST, as the case may be, shall be released only on receipt of
GST Invoice containing the following details:-
a) Name, address and GSTIN of the supplier of service;
b) A consecutive serial number of the invoice;
c) Date of issue;
d) Name, address and GSTIN or UIN, if registered of the recipient;
e) Name and address of the recipient and the address of the delivery, along
f) with the State and its code;
g) HSN Code of Goods or Accounting code of services;
h) Description of goods or services;
43
Tender No: PHBTS20004: Special Conditions of Contract
Supply consisting of two or more taxable supplies of NIL (The tax 9954
goods or services or both, or any combination rate of principal
thereof, which are naturally bundled and supplied in supply will be
conjunction with each other in the ordinary course of applicable for the
business, one of which is a principal supply; whole contract)
(Principal supply will be determined based on value)
Renting of motor vehicle where the cost of fuel is 5.00% 9966
added into the total value of contract.
45
Tender No: PHBTS20004: Special Conditions of Contract
E-way Bill is to be generated w.e.f. 01.04.2018, as notified vide notification 74/2017-CT dated
29.12.2017, electronically on common portal for inter-state as well as intra-state movement of
goods through motorised conveyance by person causing the movement of Goods for
consignment value exceeding Rs.50000/- and Rs.1,00,000/- for interstate and intrastate
movement respectively.
Any amendment in the E-way bill scheme as published through gazetted notification from time
to time will remain applicable.
46
Tender No: PHBTS20004: Special Conditions of Contract
Salient features of the e-way bill scheme as available on date and action to be taken are as under
-
1. E-way Bill (Form EWB-01) generated consists of Part A & Part B which will have
unique number “E-way bill Number (EBN)”.
2. Generation of EWB for Contractor Supplied materials–
a) Delivered / delivery assistance supplies – By Supplier / Vendor
b) EX-MI/ Ex-works Supply – By Supplier / Vendor on request to be made by EIC/Site
Engineer on behalf of IOC. Transporter may also be allowed to generate E-way bill but
in that case generation of E-way bill will have to be ensured by the contractor.
c) In case of transportation of multiple consignments through single vehicle transporter will
be responsible to generate the consolidated e way bill for all the items to be transported.
Part B
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Tender No: PHBTS20004: Special Conditions of Contract
Consequence due to any failure in carrying or generation (wherever applicable) of E-way Bill
by the Transporter, all cost & consequence shall be on account of the Transporter. In case
transporter is lined up by the contractor the all cost and consequences will be borne by the
contractor.
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Tender No: PHBTS20004: Special Conditions of Contract
detected later. It is mandatory for the Contractor to submit an undertaking as per attached
Performa for Non-engagement of child labour.
25.2.0 With a view to prohibit engagement of child labour; amendments have been made in General
Condition of Contracts as per Annexure 5.
26.0.0 SUFFICIENCY OF TENDER
26.1.0 The Contractor shall be deemed to have satisfied himself before tendering as to the correctness
and sufficiency of his tender for the works and of the rates stated in the schedule of rates,
which shall cover all his obligations under the contract and all matters and things necessary for
proper completion of the works. This work shall be put under execution with effect from date
of issuance of specific notice for commencement of works. Accordingly tenderers are required
to quote their rates, keeping this in their view.
27.0.0 CO-OPERATION WITH OTHER CONTRACTORS
27.1.0 The Owner may be engaging at the work site other Contractor(s)/Agency (ies) to carry out
some works. Performance of these Contractor(s)/Agency (ies) might be contingent on
performance of work by other Contractor(s)/ Agency(ies) and/or dependent upon the
performance of work by the contractor and/or the contractor's work might be dependent upon
and/or contingent on the performance of work by other contractor(s)/Agency(ies) and therefore
in addition to the provision of clause 4.0.5.0 of the General Conditions of Contract, the
Contractor shall cooperate with the owner and other contractor(s)/Agency(ies) involved and
shall comply with any instruction issued by the E-I-C and/or Site Engineer for this purpose.
27.2.0 In addition to the provisions relating to "Progress Schedule" as envisaged in Section 4 of the
General Condition of Contract the Contractor shall take into account the instruction of the E-I-
C regarding the constraints, restraints and other requirement of works and the required
sequence of works, in preparing the progress schedule, notwithstanding the provisions relating
to "Approved Progress Schedule”. Weekly or monthly work programs may be drawn up by the
E-I-C/ Site Engineer taking into account the availability of work fronts and the requirements of
other contractor(s)/ Agency (ies) involved at the works site and the Contractor shall abide by
the weekly or monthly works programs so drawn up.
27.3.0 In the event of failure on the part of the Contractor to adhere to the weekly or monthly work
programs drawn up by the Site Engineer/E-I-C. The decision of the E-I-C as to whether a
failure on the part of the contractor to comply with the weekly or monthly work programs
drawn up has occurred or not shall be final and binding on the contractor.
28.0.0 CORRENSPONDENCE PROCEDURE
28.1.0 All correspondence before and up to award of work/contract agreement execution shall be
addressed to the office of tender issuing authority. On award of work the correspondence
procedure as specified in the letter of acceptance shall be followed.
28.2.0 Upon award of work, 02(Two) copies of Work Order/ Letter of Acceptance shall be sent to the
contractor, one of which should be signed and sent back by the contractor to the Engineering/
Contracts Deptt. as a token of his acceptance. Further, the contractor should come to the office
of the tender issuing/ awarding authority and sign the agreement within the period stipulated in
the Letter of Acceptance.
29.0.0 EMPLOYMENT OF LOCAL LABOUR
29.1.0 The contractor shall ensure that local labour, unskilled as well as skilled, to the extent possible
are available from local resources and preferentially employed for the work to be performed at
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Tender No: PHBTS20004: Special Conditions of Contract
job site(s). For any infringement of this provision, the owner shall be at liberty to rescind the
contract without any liability to pay any compensation whatsoever to the contractor.
30.0.0 ARBITRATION
30.1.0 In partial modification of clause 9.0.0 of GCC, the provision of the Arbitration and conciliation
Act 1996 shall be applicable. The venue of arbitration shall be Haldia.
31.0.0 SECURITY DEPOSIT
31.1.0 A 2.5% of the work order value shall be taken as initial security deposit, which has to be
deposited within 10 days from the date of issue of LOA. An amount equal to 10% of the
executed value will be retained as security deposit as per provisions of clause 2.1.0.0 and and
associated sub-clauses of GCC. No interest shall be payable on the security deposit so retained.
Security deposit will be released after 3 months of successful completion of work. In case of
submission of BG against ISD, BG should be prepared for an amount equal to 10% of the
nominal contract value and BG will be released after 03 (Three) months of the completion of the
defect liability period as mentioned in the completion certificate issued by EIC.
31.2.0 Contractor to ensure that IFSC code and Swift code of IOCL’s Bank as mentioned in
clause 8.10.0 of Special Instruction to Tenderer is submitted to the bidder’s bank while
opening the SD/ISD/Advance BG, so that BG confirmation is transmitted through SWIFT
message to IOCL’s bank under SFMS system.
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Tender No: PHBTS20004: Special Conditions of Contract
33.0.0 TERMINATION
33.1.0 If it is found that the services rendered are unsatisfactory or that the contractor has violated
any terms and conditions of the tender document, then in that event, the company will be
entitled to terminate this contract, at any time without assigning any reasons whatsoever
and with 01 months’ notice issued to the contractor in this regard. In the case of
abandonment of the work of supplying and operating minibus to the corporation, within the
contract period, the corporation shall be at liberty to make alternative arrangement for meeting
its requirement at the sole risk and cost of the contractor.
33.2.0 If at any stage during the period of the contract any case involving moral turpitude is
instituted in a court of law against the contractor or his employees, the Corporation reserves
the exclusive and special right to the outright termination of the contract and the contractor
shall not be entitled to any compensation from the company whatsoever.
33.3.0 In the event of the contractor suspending or abandoning services without giving proper notice
to the Corporation, without handing over charge of the owner supplied materials entrusted to
him by the Corporation, the whole of his security money and other dues payable to him shall
stand forfeited to the Corporation and he shall also be liable for such legal action deemed fit
and proper for breach of contract and towards the loss of various accessories and furniture
entrusted to the contractor.
33.4.0 In the event of any dispute between parties regarding the contract or any matter relating to it,
the decision of General Manager(I/c)(O), Indian Oil Corporation limited, Paradip Haldia
Barauni Pipeline, Vill: Kasberia, P.O. : Khanjanchak, Dist : Midnapore (E), W.B. shall be
final and legally binding on both the parties.
33.5.0 Notwithstanding any other court or courts having jurisdiction to decide the question(s) forming
the subject matter of the reference if the same had been the subject matter of a suit, any and all
actions and proceedings arising out of or relative to the contract (including any arbitration in
terms thereof) shall lie only in the court of competent civil jurisdiction in this behalf at Tamluk
and only the said court(s) shall have jurisdiction to entertain and try such action(s) and/or
proceedings to the exclusion of all other courts.
33.6.0 Upon termination of the contract process of holiday listing that is the process of barring the
contractor from participating in the tendering process may be initiated against the contractor/
vendor, for a period ranging from 01 year to 03 years. During this period no other contract will
be awarded to the vendor from Indian Oil Corporation Limited.
52
ANNEXURE-1
DATE: ______________
We _______________________ (Name of the Tenderer) hereby represent that we have fully read and
understood the tender requirements and accept all the terms and conditions of the tender, General
Conditions of Contract, tender amendments / addendum, if any, except for the ones mentioned in
the Exceptions and Deviations statement as per Annexure-2.
Our offer is in confirmation to all the terms and conditions of the tender. In the event of award of
contract to us, the complete tender document shall be considered for constitution of Contract
Agreement.
Name of Bidder:
Place:
Company Address:
NOTE: This declaration should be signed by the Tenderer's authorized representative who is signing
the Bid.
53
ANNEXURE-2
DATE: ______________
Bidder may stipulate exceptions and deviations to Tender Document, if considered unavoidable as
per the following format:
PAGE NO. OF
SL. NO BID CLAUSE NO. SUBJECT DEVIATIONS
DOCUMENT
All exceptions/ deviations taken by Bidder to the stipulations of the Tender Document shall be
brought out in the techno-commercial bid (and not in the price bid) as per this format. No
cognizance will be taken of any exceptions/ deviations brought out elsewhere in the bid and the
same shall be treated as null & void. In case of no exceptions and deviations, “NIL” shall be marked
by the tenderer.
Name of Bidder:
Place:
Company Address:
54
ANNEXURE – 3
2. Confirm
A all item rates have been filled without
any condition & deviation and submitted in Yes No
“Priced Part”.
3. Confirm that rates have been quoted for all
items indicated in the Price Bid. Yes No
4. Confirm EMD is submitted with Part – I of offer.
Yes No
5. Details of EMD – Value Rs. _______________
Demand Draft/ Bank Guarantee No. _______________
Banker Name _______________
Date of D.D./ P.O. _______________
Reference of e- challan
6. Confirm latest Assessment order /IT
return/Audited balance sheet enclosed. Yes No
Declaration
7 regarding relationship with IOCL’s Yes No
Director.
8
.
Submission of PAN, P.F & ESI & Licenses (as Yes No
applicable)
55
ANNEXURE – 4
DATE: ______________
FINANCIAL DETAILS
The Bidder shall indicate here the turnover during preceding 3 years based on the audited balance
sheets & profit & loss account statement.
2018 - 2019
2017 - 2018
2016 – 2017
PF REGISTRATION NO. :
Name of Bidder:
Place:
Company Address:
56
ANNEXURE – 5
DATE: ______________
Name of Bidder:
Place:
Company Address:
57
Annexure 6
DATE: ______________
EXPERIENCE QUESTIONNAIRE
The Tenderer has completed the following similar work in the last five years ending on 30.04.2013:-
Name of Bidder:
Place:
Company Address:
58
ANNEXURE-7
DATE: ______________
FORMAT FOR GIVING CONSENT AND BANK DETAILS
ON THE LETTER-HEAD OF BIDDER’S FIRM
To,
M/s Indian Oil Corporation Ltd.
PHBPL, Haldia.
Dear Sir,
With reference to your advice, we hereby agree to accept the payment of our bills through “RTGS/NEFT/Electronic
Mode”.
The desired bank account details are given below:
1. Vendor Code allotted by IOCL in SAP
A blank cancelled cheque leaf relating to the above bank account is enclosed for verifying the accuracy of the bank
account details.
I hereby declare that the particulars given above are correct and complete. I agree to receive transactional SMS/E-
Mail Alerts from IOCL with regard to my bill payments.
59
ANNEXURE-8
DATE: ______________
DECLARATION OF RELATIONSHIP WITH DIRECTORS OF IOCL
The Tenderer shall declare the following information in exhaustive details on his company’s letter
head with the document duly signed and stamped:-
No Director of the Owner is allowed to tender for a period of two years after his retirement from the
employment of the Owner, without the previous permission of the Owner. The contract, if awarded, is
liable to be cancelled if the tenderer is found at any time to be such a person, and has not obtained
the permission of the Owner before submission of the tender. Any tender by a person aforesaid shall
carry a disclosure thereof on the fact of the tender, and shall be accompanied by a copy of the
document by which the requisite consent is given. Such disqualification shall apply to every partner
of a partnership firm.
LIST OF BOARD OF DIRECTORS : List of board of Directors will remain valid according to the
following web link: www.iocl.com/AboutUs/Profile.aspx
Name of Bidder:
Place:
Company Address:
60
ANNEXURE-9
DATE: ______________
GST DETAILS
Bidder shall submit scanned copy of certificate containing Goods and Service Tax Registration
Number for the invoicing state. The bidder shall also furnish the following information along
with the bid with regard to Goods and Service Tax.
Schedule of GST rates for services Rate of Goods and SAC
Service tax
1 2 3
Other professional, technical and business services other than 18.00% 9983
legal and accounting services
However if there is any further change in the rates of GST the same will remain applicable.
Notes:
1) GST rate and SAC is mentioned above. Bidder to submit signed and stamped copy of this
Annexure (Annexure-9) as token of acceptance.
2) In case a supply/service is covered under RCM (Reverse Charge Mechanism), then evaluation
will be done by considering GST rates as mentioned above.
3) Bidder to consider “Input Tax Credit” available to them under GST, and quote the prices
accordingly.
4) Bidders hereby confirm that they have taken note of Anti- profiteering measure clause (Sec 171
of CGST) wherein it is stated that any reduction in rate of tax on any supply of goods and services
or the benefit of input tax credit shall be passed on to the recipient by way of commensurate
reduction in prices, and they have quoted accordingly.
5) Bidder will be required to raise invoice indicating the applicable GST amount separately as the
Owner intends to avail Input Tax Credit under GST. The invoice should be GST Compliant.
Date :
Name of Bidder:
Place:
Company Address:
61
Annexure - 10
NAME OF WORK:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Tender No. : _____________________________________________
We confirm that we have quoted the rates in the tender considering Inter-alia the
1. Tender Document(s)
2. Additional Document(s) (if any)
3. BOQ Document (Price Bid Format) and Unpriced SOR
4. Corrigendum (if any)
5. Pre Bid Meeting Minutes (if any)
62
ANNEXURE – 11
I hereby declare that neither I in my personal name or in the name of my Proprietary concern
M/s.________________ which is submitting the accompanying Bid/Tender nor any other concern in
which I am proprietor nor any partnership firm in which I am involved as a Managing Partner have been
placed on black list or holiday list declared by Indian Oil Corporation Ltd. or its Administrative Ministry
(presently the Ministry of Petroleum & Natural Gas), except as indicated below:
(Here give particulars of blacklisting or holiday listing, and in absence thereof state "NIL")
_____________________________________________________________________________________
_____________________________________________________________________________________
____________________________
We hereby declare that neither we or a parent, subsidiary or other company under direct or indirect
common parent (associate company) are presently nor have within the past three years been placed on any
holiday list or lack list declared by Indian Oil Corporation Ltd or by any department of any Government
(State, Provincial, Federal or Central) or by any Public Sector Organization in India or in any other
country and that there is no pending inquiry by Indian Oil Corporation Ltd or by any Department of any
Government (State, Provincial, Federal or Central) or any Public Sector Organization in any country
against us or a parent or subsidiary or associated company are aforesaid in India or in any other country in
respect of corrupt or fraudulent practice(s), except as indicated below:
(Here give particulars of black listing or holiday listing and or inquiry and in the absence thereof state
"NIL")
_____________________________________________________________________________________
_____________________________________________________________________________________
__________
It is understood that if this declaration is found to be false in any particular, Indian Oil Corporation Ltd
shall have the right to reject my/our bid, and if the bid has resulted in a contract, the Contract is liable to
be terminated without prejudice to any other right or remedy (including black listing or holiday listing)
available to Indian Oil Corporation Ltd.
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Annexure-12
1. In case of Individual
1.1 Name of Business :
1.2 Whether his business is registered :
1.3 Date of Commencement of business :
1.4 Whether he pays Income Tax over Rs.10,000/- per year :
1.5 Whether he is a Director or is related to any Director of IOC present or
retired within the past 2 years :
1.6 Permanent Account Number :
1.7 What are his profits/losses for the past 3 (three) years with a copy of
Balance Sheet and Profit & Loss Account for the past 3 (three) years with
a copy of the audited balance sheets and Profit & Loss account for the
past 3 (three) years:
1.8 What are his concurrent job commitments :
1.9 How does he propose to finance the work if awarded to him :
2. In case of Partnership
2.1 Name of Partners :
2.2 Whether the partnership is registered :
2.3 Date of establishment of firm :
2.4 If each of the partner of the firm pays Income tax over Rs.10,000/- a year
and if not, which of them pays the same :
2.5 Whether any partner of the firm is a Director or is related to any Director
of IOC, present or retired within the past 2 years.
2.6 Permanent Account Number :
2.7 What are the firm’s profits/losses for the past 3 (three) years with a copy
of Balance Sheet and Profit & Loss Account for the past 3 (three) years :
2.8 What are the firm’s concurrent job commitments :
2.9 How does the firm propose to finance the work if awarded to him :
FOOT NOTE: Reference is also invited to Clause 9.0 of General Instructions to the
Tenderers forming part of GCC.
Signature of Tenderer
Name & Address of the Tenderer
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Annexure-13
Compliance of GST
In view of the above for smooth transition into GST regime, Industry need to ensure necessary
preparatory steps related to GST. Following steps are taken in advance in order to have
efficiencies of GST and ensure smooth transition & implementation of new tax regime in our
country.
• Ensure completion of migration process for GST enrolment in all states, wherever still
pending, and provide the GST registration number for all place of business to IOC for
necessary updation of the same in our system.
• Ensure to provide GST compliant invoices along with HSN (Harmonised System of
Nomenclature i.e. Excise Classification) / SAC codes (Service Accounting Code) duly
complying with the requirement of place of supply and other requisite details.
• Tax payers under GST regime will be required to inter alia upload the transaction level
details online, while filing the monthly GST returns. These details will be auto-populated
to IOC for reconciliation & confirmation of inward supplies (i.e. matching of inward
supply details with outward supply details entered of the supplier on GSTN portal).
Accordingly, the system will determine the eligibility of input tax credit to IOC. In case
of mismatch in details of outward supplies uploaded on GSTN, the input tax credit will
not be available for cases not rectified within stipulated time, leading to additional tax
cost for the buyer. Hence this aspect needs to be given appropriate attention.
Signature of Tenderer
Name & Address of the Tenderer
65
ANNEXURE – 14
DATE: ______________
Dear Sir,
With reference to subject tender, we are furnishing details of GST registration against subject
work as below,
Note: Bidder declaring the Invoice raising state as above will remain firm throughout the entire
contract period and will not be liable for changes.
SAFETY DECLARATION
1. I/we shall strictly adhere to safety standards stipulated in the Safety Practices during
construction stipulated in the Oil Industry Safety Directorate (OISD) without exception.
2. I/we shall provide, without any exception, safety helmets & safety shoes to all our
employees/workmen/ labourers working at IOC locations (Pump Station, Tanks Farms or
any other location not specified here) for the purpose of rendering services to the
Corporation under the subject Contract
3. I/ We shall provide, without any exception, Safety Belts to all our workmen/ labourers
working at heights (Including building roof top, canopy roof top etc.) for the purpose of
rendering services to the Corporation under the subject Contract
4. I/We shall take safe height working permit for working at heights.
5. I/We shall be solely responsible for any accident resulting from unsafe practices or due to
nonadherence to safety standard stipulated by the OISD. Any injury / loss of life resulting
from the above shall be solely at our risk & cost and we shall bear and pay solely and
absolutely all costs, charges and expenses including legal charges incurred in this
connection.
6. That the Corporation is not bound to be responsible, legally or otherwise, for any acts
and/or consequences of unsafe practices during execution of works during the pendency
of the contract.
7. The person signing this declaration is the authorized signatory.
Signature:
Name: ____________________
Address: ________________________________
Place: ________________________________
67
ANNEXURE-16
Tender No.:
Name of Work:
Bidder’s name:
It is understood that if this declaration is found to be false, Indian Oil Corporation limited shall
have the right to reject my/ our bid, and forfeit the EMD, if the bid has resulted in a Contract, the
contract will be liable for termination without prejudice to any other right or remedy (including
black listing or holiday listing available to Indian Oil Corporation Limited.
Place:
Signature of Bidder :
Date:
Name of Signatory:
68
COPY of GST REGISTRATION CERTIFICATE OF THE STATE
FROM WHERE INVOICE WILL BE RAISED TO BE
ATTACHED BY THE BIDDER
69
COPY of ESIC REGISTRATION CERTIFICATE TO BE
ATTACHED BY THE BIDDER
70
COPY of PF REGISTRATION CERTIFICATE TO BE
ATTACHED BY THE BIDDER
71
COPY of BANK INSOLVENCY CERTIFICATE (FROM A
NATIONALIZED /SCHEDULED BANK IN INDIA) TO BE
ATTACHED BY THE BIDDER
72
PREAMBLE TO SCHEDULE OF RATES
1. This preamble is an integral part of the Schedule of Rates and any definition and
explanation given here in shall have as much force as though they are incorporated into the
description of the items themselves in the Schedule of Rates.
2. Unless otherwise specifically stated in the contract, all work under the contract shall be
covered and paid for in accordance with the item and relative rates mentioned in the
Schedule of Rates.
3. The description given under the items of work in the Schedule of Rates shall be deemed to
include all direct and indirect charges towards performance of services as per the contract
and no kind of any extra charges whatsoever shall be payable.
4. The rates quoted against the item of work in the Schedule of Rates shall be for the complete
work covering details not only enumerated thereon but all work of allied nature required for
fulfillment of the services job as per the work order.
5. The amplification detailed in the description of items of works in the Schedule of rates and
those in the specifications regarding the all inclusive nature and average of works are only
indicative and are no means exhaustive. The rate quoted against items of work in the
schedule of rates enumerated thereon shall inclusive all works of allied nature required for
the job according to the specification and instruction of Engineer-in-charge, whether or not
they are specifically stated or implied.
6. The quantity mentioned in SOR is tentative the quantity may vary depending up on actual
site condition. Bidders are advised to quote rate on overall percentage above/below basis.
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