Professional Documents
Culture Documents
Scope 2 Saurabh - Rampal@hplng - in
Scope 2 Saurabh - Rampal@hplng - in
FOR
CONTENTS
Part Section Description Remarks
1 Shall be submitted
Checklist/Documents for
as bid documents.
Technical Bid.
(Additional docs)
2. Tender Document
I Instruction to Bidders
I.I Pre-Qualification criteria
General Terms &
II
Conditions
Scope & Special Terms and
III
conditions.
As per GeM portal
IV Format of Price Bid
formula.
HPLNG/SITE/029
Documents to be submitted as Part of Technical Bid.
The following documents shall be mandatorily uploaded in the same serial wise for
technical evaluation along with this Checklist duly signed and sealed on each page. Failing
which bid is liable for rejection.
Reference
Document
Sr. Page No. of
Description Remarks submitted.
No. the Bid
(YES/NO)
submitted
Bidder’s General
1 Ref: Annexure-03
information
Copy of PF registration with
2
PF Code number.
List of Technical exception & Ref: Annexure-02
Commercial deviation if any
(Format attached as
Proforma A & B.
3 NOTE-:
• The same shall be
submitted even when
NIL deviation is made.
• Conditional bids are
liable for rejection.
Valid document
4 PAN Details needs to be
submitted
Valid document
5 GST Details needs to be
submitted
IT Return of last 3 Attach final
6 consecutive years Acknowledgement
report only.
7 EMD* Ref: Annexure-06
PRE-QUALIFICATION
12
CRITERIA
Documents as per
Pre-qualification
12.1 TECHNICAL
criteria along with
Annexure-12
Documents as per
Pre-qualification
12.2 FINANCIAL
criteria along with
Annexure-09
Work completion certificate
for each of the Work order
13 submitted for TECHNICAL
qualification criteria (In-
addition to PO/Work order).
3 level escalation matrix
starting with contact details
14 (Mobile and email) of each
level for attending
Operational issues.
The firm should neither Self-Undertaking to
blacklisted by any be attached.
Central/State/Autonomous
Bodies or Institute/Public
15 Undertaking nor any
criminal case
registered/pending against
the firm or its owner
/partners anywhere in India
Self certification that Bidder Self-Undertaking to
is not be under liquidation, be attached.
16
court receivership or similar
proceedings.
Bidders who wants
to avail privileges
given to MSME
vendors, should
Whether the Bidder is MSE have UAN. Copy of
17 as per MSMED Act the Udyog Aadhar
certification shall be
submitted to
consider such
privileges to
MSMEs.
1. Micro and Small Enterprises (MSEs) bidders are exempted from submission of EMD as per provisions given in
General Conditions of Contracts. MSE bidders seeking benefits of MSE as specified in the Bidding Documents,
must submit Attested/Self attested copy of MSE certificate failing which no benefit of MSE shall be extended
along with signed document of Attachment 11.
2. Any change in default format/wordings given in this Tender document other than those data input requested by
HPLNG may cause the bid to be rejected.
3. Submission of Tender documents as such without entering any valid bidders information for respective
Annexures may render the bid to be rejected.
Attachment – 1 (NOT APPLICABLE)
Attachment – 2
Bidding Document No. ________________ (Bidder to mention the Bidding Document No.)
Yes / No
Yes / No
Attachment – 3
Bidder's Name
Email ID
Address Line 1
Address Line 2
Address Line 3
Postal Code
Country
Category
Service / Supply/Composite
Tax Details
Goods and Services Tax Identification Number
(‘GSTIN’)
Note: GSTIN would be required of all the states
from where billing would happen
Bank Details
Bank Name
Bank Branch
MICR Code
Verification
Date:
Contract/PO No:
IN CONSIDERATION OF THE HPCL LNG LIMITED. a Company registered under the Companies
Act, 1956, having its registered office at HPCL Regional Office, Petroleum House, Behind
Memnagar Fire Station Navrangpura, Ahmedabad – 380 009 Gujarat, India (hereinafter called
"the Company" which expression shall include its successors and assigns) having awarded to
M/s …………………………………………….a partnership firm/sole proprietor business/a company
registered under the Companies Act, 1956 having its office
at…………………………………………………… (hereinafter referred to as "the Supplier" which
expression shall wherever the subject or context so permits includes its successors and
assigns) a supply contract in terms inter alia, of "the Company's" Order No…………………
dated………………. and the General procurement conditions of "the Company" and upon the
condition of "supplier's" furnishing security for the performance of "the Supplier's"
obligations and/or discharge of "the supplier's" liability under and/or in connection with the
said supply contract upto a sum of r……………… (Rupees…………………) amounting to 3% (three
percent) of the total contract value.
………………………………………….Bank
(by its constituted attorney) (signature of a
person authorized to sign on behalf of "the
Bank")
Attachment - 5
INTEGRITY PACT
Between
and
Preamble
The Buyer intends to award, under laid down organizational procedures, contract for
………………………. …………………………………………. The Buyer values full compliance with all
relevant laws of the land, rules, regulations, economic use of resources and of fairness
/transparency in its relations with its Bidder and / or Seller and / or Contractor.
In order to achieve these goals, the Buyer will appoint Independent External Monitors (IEMs)
who will monitor the tender process and the execution of the contract for compliance with
this Integrity Pact.
1. The Buyer commits itself to take all measures necessary to prevent corruption and observe
the following principles: -
a) No employee of the Buyer, personally or through family members or intermediaries will,
in connection with the tender or the execution of the contract, demand, take a promise for
or accept, for self or any third person, any material or other benefit, which the person is
not legally entitled to.
b) The Buyer will during the tender process treat all Bidder / Seller / Contractor with equality
and reason. The Buyer will in particular, before and during the tender process, provide to
all Bidders / Sellers / Contractors the same information and will not provide to any Bidder
/ Seller / Contractor confidential / additional information through which any Bidder / Seller
/ Contractor could obtain an advantage in relation to the tender process or the contract
execution.
c) The Buyer will exclude from the process all known prejudiced persons.
2. If the Buyer obtains information on the conduct of any of its employees, which is a criminal
offense under the Indian Penal Code (IPC) or Prevention of Corruption Act (PC Act), or
if there be a substantive suspicion in this regard, the Buyer will inform the Chief Vigilance
Officer and in addition can initiate disciplinary actions.
a) The Bidder/Seller/Contractor will not directly or through any other person or firm, offer,
promise or give to any of the Buyer’s employees involved in the tender process or the
execution of the contract or to any third person any material or other benefit which he/she
is not legally entitled to, in order to obtain in exchange, any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
b) The Bidder/Seller/Contractor will not enter into any undisclosed agreement or
understanding with any other Bidders/Sellers/Contractors, whether formal or informal.
This applies in particular to prices, specifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to introduce
cartelization in the bidding process.
c) The Bidder/Seller/Contractor will not commit any offence under the relevant IPC/PC Act;
further the Bidder/Seller/Contractor will not use improperly, for purposes of competition
or personal gain, or pass on to others, any information or document provided by the Buyer
as part of the business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically.
d) The Bidder/Seller/Contractor of foreign origin shall disclose the name and address of the
agents /representatives in India, if any. Similarly, the Bidder/Seller/Contractor of Indian
Nationality shall furnish the name and the address of the foreign owner/ holding company,
if any. All payments made to Indian agents/ representatives have to be in Indian Rupees
only. If Bidder/Seller/ Contractor is an Agent, then either the Agent or the Principal can
bid, but not both. No Bidder/ Seller/ Contractor shall submit more than one bid. No Agent
is permitted to represent more than one manufacturer either in this
tender/subsequent/parallel tender for the same item.
e) The Bidder/Seller/Contractor will when presenting its bid, disclose any and all payments
made or which is committed to or intended to be made to agents, brokers or any other
intermediaries in connection with the award of the contract.
f) Bidder /Seller / Contractor who have signed IP shall not approach the Courts while
representing the matter before the IEMs and shall await the decision of the IEMs in the
matter.\
2. The Bidder/Seller/Contractor will not instigate any third person to commit offences
outlined above or be an accessory to such offences.
Section 3 –Disqualification from tender process and exclusion from future contracts, etc.
1. If the Buyer has disqualified the Bidder/Seller/Contractor from the tender process prior to
the award of contract according to Section 3, the Buyer is entitled to forfeit, demand and/or
recover from Bidder/Seller/Contractor, damages equivalent to the Earnest Money
Deposit/Bid Security.
2. If the Buyer has terminated or is entitled to terminate the contract according to Section 3,
the Buyer shall be entitled to demand and recover from the Bidder/Seller/Contractor
liquidated damages equivalent to Performance Bank Guarantee, unless stipulated
otherwise elsewhere in the Contract.
1. The Bidder / Seller / Contractor declares that no previous transgressions have occurred in
the last three years with any other Company in any country conforming to the anti-
corruption approach or with any Public Sector Enterprise in India or Government of India,
that could justify his exclusion from the tender process.
2. If a previous transgression has occurred or if the Bidder/ Seller/ Contractor makes any
incorrect statement on this subject, he can be disqualified from the tender process or
contract terminated and further action can be taken as per the procedure mentioned in
“Guidelines for Holiday Listing (Banning of business dealing)”. The link for the
Guidelines is given in the tender documents.
1. In case of sub-contracting, the Bidder/ Seller/ Contractor shall take the responsibility of
the adoption of the Integrity Pact by the sub-contractor.
2. The Buyer will enter into Integrity Pact with identical conditions as this one with all
Bidders/Sellers/ Contractors.
3. The Buyer will disqualify from the tender process all Bidders / Sellers/ Contractors who
do not sign this Pact or violate its provisions.
1. The Buyer has appointed competent and credible Independent External Monitors (IEMs)
for this Pact after approval by Central Vigilance Commission. The task of the Monitors is
to review independently and objectively, whether and to what extent the parties comply
with the obligations under the Integrity Pact.
2. The Monitors are not subject to instructions by the representatives of the parties and
perform their functions neutrally and independently. The Monitors shall have the right to
access all contract documents whenever required. It will be obligatory for him/ her to treat
the information and documents of the BIDDER/ SELLER/CONTRACTOR, as
confidential.
3. The Bidder/ Seller/ Contractor accepts that the Monitors have the right to access without
restriction to all project documentation of the Buyer including that provided by the Bidder/
Seller/ Contractor. The Bidder/ Seller/Contractor will also grant the Monitors, upon their
request and demonstration of a valid interest, unrestricted and unconditional access to their
project documentation. The same is applicable to sub-contractors.
4. 4. The Monitor is under contractual obligation to treat the information and documents of
the Bidder(s)/ Sellers/ Contractor(s)/ Sub-contractor(s) with confidentiality. The Monitors
shall have no Conflict of Interest while dealing with any case or with any party. If any
conflict arises, then that Monitor shall inform the C&MD of Buyer and recuse himself
from that case/ matter.
5. The Buyer will provide to Monitors sufficient information about all meetings related to
any complaint of violation of Integrity Pact and arrange for necessary facilities for smooth
conduct of the meetings of the Monitors.
6. As soon as the Monitor notices or believes to notice, a violation of this agreement, he/she
will so inform the C&MD of the Buyer and request Management to discontinue or take
corrective action, or take other relevant action. The Monitor can in this regard submit non-
binding recommendations. Beyond this, the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate action.
7. The Monitor will submit a written report to the C&MD of Buyer within 8 weeks from the
date of reference or information to him by the Buyer and should the occasion arise, submit
proposals for correcting problematic situations.
8. If the Monitors have reported to the C&MD of Buyer a substantiated suspicion of an
offence under relevant IPC/ PC Act, and the Buyer has not within a reasonable period of
time taken action to proceed against such offence or report it to its CVO, the Monitor may
also transmit this information directly to the Central Vigilance Commission.
9. The word ‘Monitor’ would include both singular and plural.
The Integrity Pact shall come into force and be valid from the date it is signed by the BIDDER/
SELLER/ CONTRACTOR and shall remain valid up to 12 months after the last payment to the
contractor. In case any BIDDER / SELLER /CONTRACTOR is unsuccessful, the Integrity Pact for
such Bidder/Seller/Contractor shall expire after 6 months following the date of placement of
Contract/ PO on the successful Bidder/Seller/Contractor.
If any claim of violation of the Integrity Pact is made/ lodged during the validity period, the
same shall be binding and continue to be valid, even after the period stipulated above, unless
discharged/ determined by Buyer.
1. The Integrity Pact is subject to Indian Law. The place of performance and jurisdiction of
courts shall be in India. The Arbitration Clause in the main tender document/ contract shall
not be applicable to any issue/ dispute arising out of or in relation to the Integrity Pact.
2. The actions stipulated in the Integrity Pact are without prejudice to any other legal action
that may be taken in accordance with the provisions of the extant law in force relating to
contracts or any civil or criminal proceedings.
3. If the BIDDER/SELLER/CONTRACTOR is a partnership/consortium, the Integrity Pact
must be signed by all the partners or consortium members.
4. The signatories are duly authorized to sign and bind the Buyer/ Bidder/ Contractor/ Seller.
Any amendment to the Integrity Pact will be made only by a written agreement between
the Parties.
5. Issues like Warranty/ Guarantee etc. shall be outside the purview of the Independent
External Monitors.
6. References to singular includes the plural and vice versa. References to “them” or
“themselves” shall include a reference to “it” or “itself” and vice versa.
7. Should one or several provisions of this agreement turn out to be invalid, the remainder
provisions of this agreement remains valid. In this case, the parties will strive to come to
an agreement as to their original intentions. This Pact shall have precedence over the
Tender/ Contract document with regard to any of the provisions covered under this Pact.
_________________________ __________________________________
For and on behalf of the Buyer For and on behalf of the Bidder/
Seller/Contractor
Date:
Name:
Designation:
Seal/ Stamp
Attachment – 6
To
HPCL LNG Ltd.
Priyadarshini Building, 5th Floor, A Wing,
Sion-Trombay Road, Eastern Express Highway,
Sion, Mumbai – 400022India
Dear Sir(s),
In accordance with the bidding document No [__] ("Bidding Document"), issued by HPCL LNG
Limited, a company incorporated under the (Indian) Companies Act, 1956 and having its
registered office at HPCL Regional Office, Petroleum House, Behind Memnagar Fire Station
Navrangpura, Ahmedabad – 380 009 Gujarat, India ("HPLNG") [..........................], a Bidding
Company ("Bidder"), a company incorporated under [__] and having its registered office at
[..........................], intends to submit a bid for …………………………………………………. ("Bid").
1. As an unconditional and irrevocable bank guarantee as Bid Security for the amount of
………………………………………. is required to be submitted by the Bidder as a condition for
submission of a valid Bid, for the due performance by the Bidder of the terms and
conditions stipulated in Bidding Document, we, the ............... ...............Bank
at..............................having our Head Office ...............(local address) ("Bank") hereby
irrevocably and unconditionally guarantee and undertake to pay immediately upon
receiving the first written demand from HPLNG stating that the Bidder has defaulted
under the Bidding Document, without demur, reservation, contest, recourse or protest
and without any reference or recourse to the Bidder or the Bidding Document in such
manner as HPLNG may direct up to the said amount of …………………………. Any such
demand made by HPLNG shall be conclusive and binding on us irrespective of any
dispute, objection, demur, reservation, contest, protest or difference raised by the
Bidder.
This guarantee shall be irrevocable and unconditional and shall remain valid up to
.............................. ("Expiry Date"). If any further extension of this guarantee is
required, the same shall be extended to such required period on receiving instructions
from the Bidder on whose behalf this guarantee is issued.
2. We, the Bank, further agree that HPLNG shall be the sole judge to decide as to whether
the Bidder is in default of due and faithful fulfilment and compliance with the terms
and conditions contained in the Bidding Document including, inter alia, the failure of
the Bidder to keep its Bid open during the Bid Validity Period, and the decision of
HPLNG that the Bidder is in default as aforesaid shall be final and binding on us,
notwithstanding any differences between HPLNG and the Bidder or any dispute
pending before any court, tribunal or other forum.
3. This guarantee shall not be affected by any change in the constitution or winding up
of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or
the Bank with any other person.
4. In order to give full effect to this guarantee, HPLNG shall be entitled to treat the Bank
as the principal debtor. HPLNG shall have the fullest liberty without affecting in any
way the liability of the Bank under this guarantee from time to time to vary any of the
terms and conditions contained in the said Bidding Document or to extend time for
submission of the Bids or the Bid Validity Period or the period for fulfilment and
compliance with all or any of the terms and conditions contained in the said Bidding
Document by the said Bidder or to postpone for any time and from time to time any
of the powers exercisable by it against the said Bidder and either to enforce or forbear
from enforcing any of the terms and conditions contained in the said Bidding
Document or the securities available to HPLNG, and the Bank shall not be released
from its liability under this guarantee by any exercise by HPLNG of the liberty with
reference to the matters aforesaid or by reason of time being given to the said Bidder
or any other forbearance, act or omission on the part of HPLNG, or any indulgence by
HPLNG to the said Bidder or by any change in the constitution of HPLNG or its
absorption, merger or amalgamation with any other person or any other matter or
thing whatsoever which under the law relating to sureties would but for this provision
have the effect of so releasing the Bank from its such liability.
7. It shall not be necessary for HPLNG to proceed against the said Bidder before
proceeding against the Bank and this guarantee shall be enforceable against the Bank,
notwithstanding any other security which HPLNG may have obtained from the said
Bidder or any other person and which shall, at the time when proceedings are taken
against the Bank hereunder, be outstanding or unrealised.
8. We, the Bank, further undertake not to revoke this guarantee during its currency
except with the previous express consent of HPLNG in writing.
9. Notwithstanding anything contained herein above, our liability under this guarantee is
limited to ……………………………….. and our guarantee shall remain in force until [_].
10. Any claim under this guarantee must be received by us, the Bank, before the expiry of
this guarantee. If no such claim has been received by us by the said date, the rights of
HPLNG under this guarantee will cease. However, if such a claim has been received by
us by the said date, all the rights of HPLNG under this guarantee shall be valid and shall
not cease until we have satisfied that claim.
11. The Bank declares that it has power to issue this guarantee and discharge the
obligations contemplated herein and the undersigned is duly authorised and has full
power to execute this guarantee for and on behalf of the Bank.
12. Capitalized terms used but not defined in this guarantee shall have the same respective
meanings ascribed thereto in the Bidding Document.
13. This Bid Security shall be governed by and constructed in accordance with the laws of
India and is subject to the exclusive jurisdiction of the courts at Mumbai.
In witness whereof the Bank, through its authorised officer, has set its hand and stamp on
this …………. day of …………. 2017, at ………….
WITNESS:
(SIGNATURE)
(NAME)
(OFFICIAL ADDRESS)
Date: ………….………….………….
(SIGNATURE)
(NAME)
Sir,
With reference to our quotation against your above-referred tender, we hereby
undertake that no fraudulent information/documents have been submitted by us.
We take full responsibility for the submission of authentic information/documents
against the above cited bid.
We also agree that, during any stage of the tender/contract agreement, in case any
of the information/documents submitted by us are found to be
false/forged/fraudulent, HPLNG has right to reject our bid at any stage including
forfeiture of our EMD and/or PBG and/or cancel the award of contract and/or carry
out any other penal action on us, as deemed fit.
Yours faithfully,
1. I, am submitting the tender for “Tender for Outsourced Manpower Services (Non-
Technical) at HPLNG Chhara LNG Terminal & Mumbai Head office” against GeM
Tender Notice Number ______________________________ Dated - DD - MM -2023.
1. That the price bid is unconditional and quoted rate (Service charges quoted in
GeM) is inclusive of the followings which contractor shall take into account while
quoting.
i. Cost of uniforms, and PPE as mentioned in clause 13 of special terms and
conditions.
ii. Cost of half-yearly medical tests as per clause 12 of special terms and conditions
& Clause 13.7 of Scope Document. Medical to be carried out twice in a year,
reports need to be submitted and approved by Location In-charge/Officer In-
charge.
iv. Cost of police verification as mentioned in clause 12.5 of Scope of Job.
v. Contractor’s service charges, profit margins, supervisor’s charges, administration
service cost and any other incidental costs.
vi. Cost of PMSBY for each workman as given in Clause 1.B.w of Special Terms &
Conditions wrto. Labor law compliance.
vii. I understand, Chhara Region is currently not coming under ESI coverage, and the
contractor shall take insurance cover for all his workers, under workers
compensation act. The quoted rates is inclusive of all these requirements.
viii. Any other requirement as given in our Tender including any requirements as per
applicable laws.
2. That I/ we shall comply with all the statutory provisions as laid down under
various Labour Laws/ Acts/ Rules like minimum wages, Provident Fund, ESI,
Bonus, Gratuity, Contract Labour Act and other Labour Laws/ Acts/ Rules in force
from time to time at my/ our own cost.
3. I/We indemnify hereby HPLNG against all repercussions arising out of non-
compliance of the foregoing in any case.
4. All workmen under this contract shall be paid the wages before 7th of every month
through account payment and will submit the proof of payment to concerned HPLNG
officer.
6. If any lapses are observed in above mentioned conditions, I will be fully responsible
and any action taken by HPLNG shall be acceptable to me without any complain.
For (type name of the firm here)
Name:
Designation:
Phone No.
Date & Place:
(Affix Seal of the Organization here)
Attachment No.9
This is to certify that the following financial positions extracted from the
audited financial statements of ......................... (Name of the Bidder) for the last
three (3) completed accounting years up to (as the case may be) are correct.
FY 2022-23
FY 2021-22
FY 2020-21
FY 2019-20*
* Only if the balance sheet/Financial Statements for the financial year 2022-23
have actually not been audited as on the Original Bid Closing Date
Average annual financial turnover in the last 3 financial years, ending 31st March
2023 (2020-21, 2021-22 & 2022-23) is…………………………………………(In Rs)
and in Words………………………….
Place:
Date:
Seal:
Signature:
The balance sheet/Financial Statements for the financial year 2022-2023 have not
been audited as on original Bid closing date.
Yours faithfully,
Designation:
Phone:
Place:
Date:
Note: Bidders to take note that this certificate is to be issued only in case the last
financial year closing date is within 9 Months of Bid Due Date and audited annual
report of immediately preceding financial year is not available, bidder has the option
to submit the financial details of the three previous years immediately prior to the
last financial year. Otherwise, it is compulsory to submit the financial details of the
immediate three preceding financial years.
Attachment No.11
To,
Manager-C&P
M/s HPCL LNG LIMITED
SUB: Tender for Outsourced Manpower Services at HPLNG Chhara LNG Terminal & Mumbai
Head office
Dear Sir,
We understand that we will be put on watch list/holiday/ banning list (as per polices
of HPLNG in this regard), if we are in breach of our obligation(s) as per following:
Yours faithfully,
Designation:
Phone:
Place:
Date:
Note: Bidders to take note that this certificate is to be issued only in case EMD
exemption is requested. Necessary proof of EMD exemption such as MSME certificate
bearing UDYAM number shall be attached. Failing which bid is liable for rejection.
BIDDER’S EXPERIENCE Annexure-12
To,
Manager-C&P
M/s HPCL LNG LIMITED
Full Postal Address & Value of Date of Scheduled Date of Arbitration/ Reasons for
Sl. Description LOA /WO phone nos. of Client. Contract/Order Commencement Completion Time Actual Legal issues delay in
No of the No. and date Name, designation and (Specify of Services (Months) Completion if any after execution if
Services address of Engineer/ Currency (DD/MM/YY) Completion any
Officer-in-Charge Amount in Rs.) (YES/NO)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
FOR
Page 1 of 26
Page 2 of 26
SECTION – I : BIDDING PROCEDURE...........................................................................................................4
1. INTRODUCTION ...............................................................................................................................................4
2. INVITATION TO BID .......................................................................................................................................4
3. SCOPE OF SUPPLY/SERVICES .....................................................................................................................4
4. BIDDING DOCUMENT PACKAGE RECEIPT ACKNOWLEDGEMENT ...............................................4
5. GENERAL INSTRUCTIONS ............................................................................................................................4
6. TWO BID SYSTEM ...........................................................................................................................................5
7. NO CLAIM FOR THE LACK OF FAMILIARIZATION .............................................................................5
8. FAMILIARIZATION OF LAWS ......................................................................................................................5
9. INSTRUCTIONS FOR FILLING IN THE BID ..............................................................................................5
10. PRICE ..................................................................................................................................................................6
11. CURRENCY OF THE BID ................................................................................................................................6
12. TIME SCHEDULE .............................................................................................................................................6
13. VALIDITY PERIOD OF OFFER .....................................................................................................................6
14. BID BOND ...........................................................................................................................................................6
15. PERFORMANCE BANK GUARANTEE ........................................................................................................6
16. PARENT COMPANY GUARANTEE ..............................................................................................................7
17. BID CLOSING DATE ........................................................................................................................................7
18. RIGHT TO ACCEPT OR REJECT BID ..........................................................................................................7
19. EVALUATION OF BIDS ...................................................................................................................................7
20. AWARD OF CONTRACT .................................................................................................................................8
21. DOCUMENTS TO BE SUBMITTED ALONG WITH THE BIDS ...............................................................8
22. CORRESPONDENCE / INQUIRY ...................................................................................................................8
23. BID RELATED COSTS .....................................................................................................................................8
24. CONFIDENTIALITY .........................................................................................................................................9
25. OWNERSHIP OF BIDS .....................................................................................................................................9
26. GOVERNING LAW ...........................................................................................................................................9
Attachment – 1 to ITB (NOT APPLICABLE) ............................................................................................................ 11
Attachment – 2 to ITB ................................................................................................................................................. 12
Attachment – 3 to ITB ................................................................................................................................................. 13
Attachment – 4 to ITB ................................................................................................................................................. 15
Attachment - 5 to ITB .................................................................................................................................................. 18
Attachment - 6 to ITB .................................................................................................................................................. 23
SECTION-I.I : PRE-QUALIFICATION CRITERIA.............................................................................. 26
SECTION – II : GENERAL CONDITIONS OF PURCHASE/SERVICES/WORKS ................................... 26
SECTION – III : SCOPE OF SUPPLY, TECHNICAL SPECIFICATIONS & ANNEXURES ................. 26
Page 3 of 26
SECTION – I : BIDDING PROCEDURE
1. INTRODUCTION
HPLNG plans to set up the Chhara LNG Terminal with a capacity of 5 MMTPA at Chhara in
Gujarat on the west coast of India. It will have provision for modular addition of
equipment to enhance the capacity to 10 MMTPA in the future.
2. INVITATION TO BID
HPCL LNG Limited ("Company") invites Bids for Selection of Supplier for Outsourced
Manpower Services (Non-Technical) at HPLNG Chhara LNG Terminal, Kodinar Taluka,
Gujarat & Mumbai Head office.
3. SCOPE OF SUPPLY/SERVICES
NOT APPLICABLE
5. GENERAL INSTRUCTIONS
In formulating the Bid, Bidders shall have full regard to the instructions to bidders in this
Section-I, terms and conditions given in Section-II, the requirements and detailed scope
of supply given in Section – III of the Bidding Document. All Bids will be deemed to have
been made after taking into account all the provisions of the Bidding Document.
Page 4 of 26
Bidders may seek clarifications on any part of the Bidding Document. However, it should
be done as per the period mentioned in the Tender Invitation (if any).
Each Bidder shall fully familiarise itself with the Site conditions and all the requisite
statutory provisions for executing the Supply before submitting its Bid.
The Bidder is responsible for checking the accuracy, adequacy and sufficiency of this
Bidding Document for carrying out any additional study(ies) and re-assessment/
verification, if required, at its own cost and risk.
No claim for financial or any other adjustment to the Price Bid shall be entertained on
account of lack of clarity or knowledge of any of the aforesaid factors.
8. FAMILIARIZATION OF LAWS
All Bidders shall be solely responsible to comply with all Applicable Law and regulations
pertaining to the Supply of material/equipment including obtaining and maintaining all
Authorisations to fulfil their obligations under the Biding Document and Contract. Non-
awareness of any Applicable Law shall not be valid ground for any Bidder to request for
any change.
9.1 Bids shall be submitted online only at GeM website. Tenderer/Contractor is advised to
follow the instructions provided for online submission of bids. Any bid document
submitted through mail or Hard copy submission shall not be considered in bid evaluation.
9.2 Bidder shall submit the Bid documents in its entirety, complete in all respects together
with all Attachments and Schedule. Any additional information, which the Bidder wishes
to submit, shall be attached as an addendum to Technical bid. If the space in the Bid form
or in the attachments is insufficient, additional pages shall be separately added. When
some of the items are not being bid for, the corresponding space in the statement
showing the schedule of rates should be filled by the words "not quoting".
9.3 The Bids have to be submitted in the same language and format of the Bidding Document
complying with all the requirements, conditions and specifications without any deviations
Page 5 of 26
and exceptions. However, exceptions, if any, taken to the Bidding Document provisions,
affecting the Bid prices or not, must be given clearly in the format given in Attachment -
2 of this Section-I. If no exceptions are taken then Attachment - 2 shall be marked “No
Exceptions Taken”.
9.4 The technical bid shall not contain any price information and the section relating to price
information shall be left blank.
Company shall not take cognisance of any exceptions elsewhere in the Bid including any
unpriced technical bids or priced bids or in any attachments to the Bid.
9.5 The Bidder's offer/Bids and any annotations or accompanying documentation shall be in
English language only.
9.6 The Bidder shall sign each page of the Bid document. The Bidder shall clearly indicate its
legal constitution and ability to bind the Bidder. The power of attorney or authorisation,
or any other document constituting adequate proof of the ability of the signatory to bind
the Bidder, shall be annexed to the Bid. Company may reject any Bid not supported by
adequate proof of the signatory’s authority.
10. PRICE
In GeM portal.
Bidder to follow the delivery schedule detailed in Section III for performance of Scope of
Supply given in Section-III.
The Bid shall be kept unconditionally valid for acceptance for a period of one hundred and
twenty (120) Days from the Bid due date or any extended date as communicated by the
Company. During the said period, the Bidder shall not revoke or cancel his Bids or vary
the Bids except and to the extent required by Company in writing.
Page 6 of 26
The successful Bidder (herein also referred to as the "Supplier") shall, within Twenty (20)
Days of the date of award of Contract, furnish a performance bank guarantee
(“Performance Bank Guarantee”) from a reputed bank previously approved by Company
and strictly as per the form and language set out in Attachment 4. As part of its Bid, Bidder
shall notify Company the identity and location of the bank which would issue the
Performance Bank Guarantee if its Bid is successful.
The cost of issuing and maintaining the Performance Bank Guarantee shall be borne by
the Contractor. Failure of the Contractor to comply with the requirements of this Section
15 shall constitute sufficient grounds for the cancellation of the Contract.
Not Used.
Company reserves the right to accept or reject any Bid, wholly or in part, and/or cancel
the Tender without assigning any reason for the same. Company will not assume any
liability due to rejection of any Bid, wholly or partially.
Bidder should not be under liquidation, court receivership or similar proceedings. Bidder
shall submit self certificate in this regard. Bidder who is found to be under court
receivership or similar proceeding as per above declaration, then their offer shall not be
considered for further evaluation.
In case, bidder is evaluated L1 bidder and has mentioned deviation to tender terms not
in deviation sheet, but elsewhere and is not withdrawing those deviations, Company
shall reject his bid and forfeit the EMD/Bid security of the bidder in such cases.
1.3 The evaluation of Bids shall be on overall L1 Basis and in its evaluation of Bids, Company
shall give due weight, as determined by Company in its sole discretion to the technical
competency, works schedule, previous performance record, current and anticipated work
load, price, payment terms, expertise, number and nature of any exceptions/deviations
and any other matter that Company considers relevant in its sole discretion. The decision
of Company in relation to the evaluation of Bids shall be final and binding on all Bidders
and shall not be subject to dispute by Bidders under any circumstances.
Page 7 of 26
1.4 Any effort by Bidder (or any local agent or representative) to influence Company, its
advisors or their respective employees during the process of clarification, determination
of responsiveness, evaluation and comparison of Bids, or in decisions concerning the
determination of the successful Bidder, may result in rejection of the Bid.
The Company reserves to itself the right to accept any bid in part or split the Supply
between two or more bidders. The Bidder shall consider such condition of split of Supply
while submitting the proposal under this Request for Proposal.
The draft Contract/General Terms and Conditions in Section-II of this Bidding Document
may require a few modifications as a result of award of Purchase Order as above. In
addition, Price Schedule will be modified as a result of Bidder’s proposal. The successful
Bidders shall be informed about the changes that are required in the draft Contract
including Price Schedule.
Any and all inquiries/ clarifications shall be directed only via GeM Portal as per
guidelines in GeM.
All costs & expenses incurred by the Bidder towards preparation, submission,
clarifications, negotiation, revision, visit to Company’s office and/or Site etc. of the Bid
will be to Bidder’s account and Company shall in no case be liable to reimburse the Bidder
for any such costs regardless of the conduct or outcome of the bidding process.
Page 8 of 26
24. CONFIDENTIALITY
The Bidder and his employees, agents and sub-contractors and the employees, agents of
the Sub-contractors and all other person/parties who are involved in this bidding process
by the Bidder, shall treat maps, plans, charts, designs, drawings, photographs, data,
reports, tests, specifications, methods, and other information developed or acquired by
the Bidder from or by means of the Bidding document or any facility extended to the
Bidder pursuant thereto or the award of Contract or any of them or otherwise disclose or
make available to the Bidder or any of the aforesaid persons report, as confidential
information. Moreover any such information shall not be disclosed or reproduced or
distributed by the recipient to third parties, other than in confidence to the Bidder's
professional advisors.
The Bidder hereby undertakes and agrees that any confidential information (including the
Bidding Document) provided to the Bidder shall be, at the option of the Company, either
destroyed by the Bidder or alternatively promptly returned to the Company. The
Company may require any Bidder to provide evidence (in a form satisfactory to the
Company) that all requirements in this respect have been fully complied with.
Each Bid, including any and all supporting documents submitted therewith and all written
material pursuant to the Bidding Document and/or in connection with bidding process,
once submitted, shall become the property of Company in all respects and the Company
shall not be required destroy or return the same or any part thereof even if such Bid is
rejected. Provided that any intellectual property right contained in such Bid will remain
the property of Bidder (all other person as appropriate) submitting that Bid. Moreover,
upon submission of its Bid, each Bidder is deemed to have licence and authorise the
Company, its officers, employees, advisers, bankers, investors, consultants,
representative and agents to copy, adapt, disclose or to use, as the Company may deemed
fit, all information and material contained in the Bid for the purpose of Project. Such
licences and authority deemed to be given to the Company shall be on royalty free basis,
in perpetuity and without any restriction with respect to territory.
For better clarity, it is hereby expressly clarified that the Company and its officers,
employees, advisers, bankers, investors, consultants, representative and agents may
make as many copies of the Bid and all other written material submitted by the Bidder
pursuant to or in connection with Project as they, in their sole discretion, may require.
Page 9 of 26
This Bidding Document and all the Addenda shall be construed in accordance with Laws
of India and the Parties hereby submit to the exclusive jurisdiction of the courts at
Ahmedabad, India.
Page 10 of 26
Attachment – 1 to ITB (NOT APPLICABLE)
Page 11 of 26
Attachment – 2 to ITB
Bidding Document No. ___________________ (Bidder to mention the Bidding Document No.)
Bidding Document No. ___________________ (Bidder to mention the Bidding Document No.)
Page 12 of 26
Attachment – 3 to ITB
Email ID
Address Line 1
Address Line 2
Address Line 3
Postal Code
Country
Category
Corporate / Non - Corporate
Service / Supply/Composite
Tax Details
Page 13 of 26
ESIC No. (Copy of monthly challan to be provided)
Bank Details
Bank Name
Bank Branch
MICR Code
Bank Type
Verification
Page 14 of 26
Attachment – 4 to ITB
Date:
HPCL LNG Limited
Priyadarshini Building, 5th Floor, A Wing,
Sion-Trombay Road, Eastern Express Highway,
Sion, Mumbai – 400022
Contract/PO No:
IN CONSIDERATION OF THE HPCL LNG LIMITED. a Company registered under the Companies Act,
1956, having its registered office at HPCL Regional Office, Petroleum House, Behind Memnagar
Fire Station Navrangpura, Ahmedabad – 380 009 Gujarat, India (hereinafter called "the
Company" which expression shall include its successors and assigns) having awarded to M/s
…………………………………………….a partnership firm/sole proprietor business/a company registered
under the Companies Act, 1956 having its office at…………………………………………………… (hereinafter
referred to as "the Supplier" which expression shall wherever the subject or context so permits
includes its successors and assigns) a supply contract in terms inter alia, of "the Company's" Order
No………………… dated………………. and the General procurement conditions of "the Company" and
upon the condition of "supplier's" furnishing security for the performance of "the Supplier's"
obligations and/or discharge of "the supplier's" liability under and/or in connection with the said
supply contract upto a sum of r……………… (Rupees…………………) amounting to 10% (Ten percent)
of the total contract value.
Page 15 of 26
1. This Guarantee/Undertaking shall be a continuing Guarantee /Undertaking and shall
remain valid and irrevokable for all claims of "the Company" and liabilities of "the
Supplier" arising upto and until midnight of……………………
2. This Guarantee/Undertaking shall be in addition to any other guarantee or security
whatsoever that "the Company" may now or any time anywise have in relation to "the
Supplier's obligation/liabilities under and/or connection with the said supply contract,
and "the Company" shall have full authority to take recourse to or enforce this security in
preference to the other security(ies) at its sole discretion and no failure on the part of
"the Company" to enforcing or requiring enforcement to any other security shall have the
effect of releasing "the Bank" from its full liability hereunder.
3. “The Company" shall be at liberty without reference to "the Bank" and without affecting
the full liability of "the Bank" hereunder to take any other security in respect of "the
Supplier's" obligation and/or liabilities under or in connection with the said supply
contract and to vary the term vis-a-vis "the supplier" of the said supply contract or to
grant time and/or indulgence to "the Supplier" or to reduce or to increase or otherwise
vary the prices of the total contract value or to release or to forebear from enforcement
of all or any of the obligations of "the supplier" under the said supply contract and/or the
remedies of "the Company" under any other security(ies) now or hereafter held by "the
Company" and no such dealing(s), variation(s) or other indulgence(s) or agreement(s)
with "the supplier" or release of forbearance whatsoever shall have the effect of releasing
"the Bank" from its full liability to "the Company" hereunder or of prejudicing rights of
"the Company" against "the Bank".
4. This Guarantee/Undertaking shall not be determined or affected by the liquidation or
winding up, dissolution or change of constitution or insolvency of "the supplier" but shall
in all respects and for all purposes be binding and operative until payment of all moneys
payable to "the Company" in terms hereof.
5. The Bank" hereby waives all rights at any time inconsistent with the terms of this
Guarantee/Undertaking and the obligations of "the Bank" in terms hereof shall not be
anywise affected or suspended by reason of any dispute having been raised by "the
suppliers" (whether or not pending before any arbitrator, conciliator(s), officer, tribunal
or court) or any denial of liability by "the supplier" or any other order of communication
whatsoever by "the supplier" stopping or preventing or purporting to stop or prevent any
payment by "the Bank" to "the Company" in terms hereof.
6. The amount stated in any notice of demand addressed by "the Company" to "the Bank"
as liable to be paid to "the Company" by "the supplier" or as suffered or incurred by "the
Company" on account of any losses or damages or costs, charges/and/or expenses shall
be as between "the Bank" and "the Company" be conclusive of the amount soliable to be
paid to "the Company" or suffered or incurred by "the Company", as the case may be, and
payable by "the Bank" to "the Company", in terms hereof.
7. Not withstanding anything contained herein above :
i. Our liability under this guarantee shall not exceed r.............
ii. This Bank Guarantee shall be valid upto and including ................; and
Page 16 of 26
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or # before
the expiry of 30 days from the date of expiry of this guarantee.
8. "The Bank" has power to issue this guarantee in favour of "the Company" in terms of the
documents and/or the agreement/contract or MOU entered into between "the supplier"
and "the Bank" in this regard.
………………………………………….Bank
(by its constituted attorney) (signature of a person
authorized to sign on behalf of "the Bank")
Page 17 of 26
Attachment - 5 to ITB
INTEGRITY PACT
Between
and
Preamble
The Buyer intends to award, under laid down organizational procedures, contract for
………………………. …………………………………………. The Buyer values full
compliance with all relevant laws of the land, rules, regulations, economic use of resources and of
fairness /transparency in its relations with its Bidder and / or Seller and / or Contractor.
In order to achieve these goals, the Buyer will appoint Independent External Monitors (IEMs) who
will monitor the tender process and the execution of the contract for compliance with this Integrity
Pact.
1. The Buyer commits itself to take all measures necessary to prevent corruption and observe the
following principles: -
a) No employee of the Buyer, personally or through family members or intermediaries will, in
connection with the tender or the execution of the contract, demand, take a promise for or
accept, for self or any third person, any material or other benefit, which the person is not
legally entitled to.
b) The Buyer will during the tender process treat all Bidder / Seller / Contractor with equality
and reason. The Buyer will in particular, before and during the tender process, provide to all
Bidders / Sellers / Contractors the same information and will not provide to any Bidder / Seller
/ Contractor confidential / additional information through which any Bidder / Seller /
Contractor could obtain an advantage in relation to the tender process or the contract
execution.
c) The Buyer will exclude from the process all known prejudiced persons.
Page 18 of 26
2. If the Buyer obtains information on the conduct of any of its employees, which is a criminal
offense under the Indian Penal Code (IPC) or Prevention of Corruption Act (PC Act), or if
there be a substantive suspicion in this regard, the Buyer will inform the Chief Vigilance
Officer and in addition can initiate disciplinary actions.
a) The Bidder/Seller/Contractor will not directly or through any other person or firm, offer,
promise or give to any of the Buyer’s employees involved in the tender process or the
execution of the contract or to any third person any material or other benefit which he/she is
not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever
during the tender process or during the execution of the contract.
b) The Bidder/Seller/Contractor will not enter into any undisclosed agreement or understanding
with any other Bidders/Sellers/Contractors, whether formal or informal. This applies in
particular to prices, specifications, subsidiary contracts, submission or non-submission of bids
or any other actions to restrict competitiveness or to introduce cartelization in the bidding
process.
c) The Bidder/Seller/Contractor will not commit any offence under the relevant IPC/PC Act;
further the Bidder/Seller/Contractor will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or document provided by the Buyer as
part of the business relationship, regarding plans, technical proposals and business details,
including information contained or transmitted electronically.
d) The Bidder/Seller/Contractor of foreign origin shall disclose the name and address of the
agents /representatives in India, if any. Similarly, the Bidder/Seller/Contractor of Indian
Nationality shall furnish the name and the address of the foreign owner/ holding company, if
any. All payments made to Indian agents/ representatives have to be in Indian Rupees only. If
Bidder/Seller/ Contractor is an Agent, then either the Agent or the Principal can bid, but not
both. No Bidder/ Seller/ Contractor shall submit more than one bid. No Agent is permitted to
represent more than one manufacturer either in this tender/subsequent/parallel tender for the
same item.
e) The Bidder/Seller/Contractor will when presenting its bid, disclose any and all payments made
or which is committed to or intended to be made to agents, brokers or any other intermediaries
in connection with the award of the contract.
f) Bidder /Seller / Contractor who have signed IP shall not approach the Courts while
representing the matter before the IEMs and shall await the decision of the IEMs in the matter.\
2. The Bidder/Seller/Contractor will not instigate any third person to commit offences outlined
above or be an accessory to such offences.
Section 3 –Disqualification from tender process and exclusion from future contracts, etc.
Page 19 of 26
If the Bidder/Seller/Contractor, before award of contract or during its execution, has committed a
transgression through a violation of Section 2, above or in any other form such as to put their
reliability or credibility in question, the Buyer is entitled to take all or any one of the following
actions: -
1. To disqualify the Bidder/ Seller/Contractor from the tender process. However, the tender
process with other Bidders/Sellers/Contractors will continue.
2. To terminate the contract if already signed.
3. To debar the Bidder/Seller/Contractor from participating in other /future tenders of the buyer
for an appropriate period of time as per Buyer’s guidelines.
4. To inform its CVO in case of acts constituting corruption or take any other action.
1. If the Buyer has disqualified the Bidder/Seller/Contractor from the tender process prior to the
award of contract according to Section 3, the Buyer is entitled to forfeit, demand and/or
recover from Bidder/Seller/Contractor, damages equivalent to the Earnest Money Deposit/Bid
Security.
2. If the Buyer has terminated or is entitled to terminate the contract according to Section 3, the
Buyer shall be entitled to demand and recover from the Bidder/Seller/Contractor liquidated
damages equivalent to Performance Bank Guarantee, unless stipulated otherwise elsewhere in
the Contract.
1. The Bidder / Seller / Contractor declares that no previous transgressions have occurred in the
last three years with any other Company in any country conforming to the anti-corruption
approach or with any Public Sector Enterprise in India or Government of India, that could
justify his exclusion from the tender process.
2. If a previous transgression has occurred or if the Bidder/ Seller/ Contractor makes any
incorrect statement on this subject, he can be disqualified from the tender process or contract
terminated and further action can be taken as per the procedure mentioned in “Guidelines for
Holiday Listing (Banning of business dealing)”. The link for the Guidelines is given in the
tender documents.
1. In case of sub-contracting, the Bidder/ Seller/ Contractor shall take the responsibility of the
adoption of the Integrity Pact by the sub-contractor.
2. The Buyer will enter into Integrity Pact with identical conditions as this one with all
Bidders/Sellers/ Contractors.
3. The Buyer will disqualify from the tender process all Bidders / Sellers/ Contractors who do
not sign this Pact or violate its provisions.
Page 20 of 26
1. The Buyer has appointed competent and credible Independent External Monitors (IEMs) for
this Pact after approval by Central Vigilance Commission. The task of the Monitors is to
review independently and objectively, whether and to what extent the parties comply with the
obligations under the Integrity Pact.
2. The Monitors are not subject to instructions by the representatives of the parties and perform
their functions neutrally and independently. The Monitors shall have the right to access all
contract documents whenever required. It will be obligatory for him/ her to treat the
information and documents of the BIDDER/ SELLER/CONTRACTOR, as confidential.
3. The Bidder/ Seller/ Contractor accepts that the Monitors have the right to access without
restriction to all project documentation of the Buyer including that provided by the Bidder/
Seller/ Contractor. The Bidder/ Seller/Contractor will also grant the Monitors, upon their
request and demonstration of a valid interest, unrestricted and unconditional access to their
project documentation. The same is applicable to sub-contractors.
4. 4. The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/ Sellers/ Contractor(s)/ Sub-contractor(s) with confidentiality. The Monitors shall
have no Conflict of Interest while dealing with any case or with any party. If any conflict
arises, then that Monitor shall inform the C&MD of Buyer and recuse himself from that case/
matter.
5. The Buyer will provide to Monitors sufficient information about all meetings related to any
complaint of violation of Integrity Pact and arrange for necessary facilities for smooth conduct
of the meetings of the Monitors.
6. As soon as the Monitor notices or believes to notice, a violation of this agreement, he/she will
so inform the C&MD of the Buyer and request Management to discontinue or take corrective
action, or take other relevant action. The Monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they
act in a specific manner, refrain from action or tolerate action.
7. The Monitor will submit a written report to the C&MD of Buyer within 8 weeks from the date
of reference or information to him by the Buyer and should the occasion arise, submit
proposals for correcting problematic situations.
8. If the Monitors have reported to the C&MD of Buyer a substantiated suspicion of an offence
under relevant IPC/ PC Act, and the Buyer has not within a reasonable period of time taken
action to proceed against such offence or report it to its CVO, the Monitor may also transmit
this information directly to the Central Vigilance Commission.
9. The word ‘Monitor’ would include both singular and plural.
The Integrity Pact shall come into force and be valid from the date it is signed by the BIDDER/
SELLER/ CONTRACTOR and shall remain valid up to 12 months after the last payment to the
contractor. In case any BIDDER / SELLER /CONTRACTOR is unsuccessful, the Integrity Pact
for such Bidder/Seller/Contractor shall expire after 6 months following the date of placement of
Contract/ PO on the successful Bidder/Seller/Contractor.
If any claim of violation of the Integrity Pact is made/ lodged during the validity period, the same
shall be binding and continue to be valid, even after the period stipulated above, unless discharged/
determined by Buyer.
Page 21 of 26
Section 9 – Other provisions
1. The Integrity Pact is subject to Indian Law. The place of performance and jurisdiction of courts
shall be in India. The Arbitration Clause in the main tender document/ contract shall not be
applicable to any issue/ dispute arising out of or in relation to the Integrity Pact.
2. The actions stipulated in the Integrity Pact are without prejudice to any other legal action that
may be taken in accordance with the provisions of the extant law in force relating to contracts
or any civil or criminal proceedings.
3. If the BIDDER/SELLER/CONTRACTOR is a partnership/consortium, the Integrity Pact
must be signed by all the partners or consortium members.
4. The signatories are duly authorized to sign and bind the Buyer/ Bidder/ Contractor/ Seller.
Any amendment to the Integrity Pact will be made only by a written agreement between the
Parties.
5. Issues like Warranty/ Guarantee etc. shall be outside the purview of the Independent External
Monitors.
6. References to singular includes the plural and vice versa. References to “them” or
“themselves” shall include a reference to “it” or “itself” and vice versa.
7. Should one or several provisions of this agreement turn out to be invalid, the remainder
provisions of this agreement remains valid. In this case, the parties will strive to come to an
agreement as to their original intentions. This Pact shall have precedence over the Tender/
Contract document with regard to any of the provisions covered under this Pact.
_________________________ __________________________________
For and on behalf of the Buyer For and on behalf of the Bidder/
Seller/Contractor
Date:
Name:
Designation:
Seal/ Stamp
Page 22 of 26
Attachment - 6 to ITB
To
HPCL LNG Ltd.
Priyadarshini Building, 5th Floor, A Wing,
Sion-Trombay Road, Eastern Express Highway,
Sion, Mumbai – 400022
India
Dear Sir(s),
In accordance with the bidding document No [__] ("Bidding Document"), issued by HPCL LNG
Limited, a company incorporated under the (Indian) Companies Act, 1956 and having its
registered office at HPCL Regional Office, Petroleum House, Behind Memnagar Fire Station
Navrangpura, Ahmedabad – 380 009 Gujarat, India ("HPLNG") [..........................], a Bidding
Company ("Bidder"), a company incorporated under [__] and having its registered office at
[..........................], intends to submit a bid for …………………………………………………. ("Bid").
1. As an unconditional and irrevocable bank guarantee as Bid Security for the amount of
………………………………………. is required to be submitted by the Bidder as a condition for
submission of a valid Bid, for the due performance by the Bidder of the terms and
conditions stipulated in Bidding Document, we, the ............... ...............Bank
at..............................having our Head Office ...............(local address) ("Bank") hereby
irrevocably and unconditionally guarantee and undertake to pay immediately upon
receiving the first written demand from HPLNG stating that the Bidder has defaulted
under the Bidding Document, without demur, reservation, contest, recourse or protest
and without any reference or recourse to the Bidder or the Bidding Document in such
manner as HPLNG may direct up to the said amount of …………………………. Any such
demand made by HPLNG shall be conclusive and binding on us irrespective of any dispute,
objection, demur, reservation, contest, protest or difference raised by the Bidder.
This guarantee shall be irrevocable and unconditional and shall remain valid up to
.............................. ("Expiry Date"). If any further extension of this guarantee is required,
the same shall be extended to such required period on receiving instructions from the
Bidder on whose behalf this guarantee is issued.
Page 23 of 26
2. We, the Bank, further agree that HPLNG shall be the sole judge to decide as to whether
the Bidder is in default of due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Document including, inter alia, the failure of the
Bidder to keep its Bid open during the Bid Validity Period, and the decision of HPLNG that
the Bidder is in default as aforesaid shall be final and binding on us, notwithstanding any
differences between HPLNG and the Bidder or any dispute pending before any court,
tribunal or other forum.
3. This guarantee shall not be affected by any change in the constitution or winding up of
the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the
Bank with any other person.
4. In order to give full effect to this guarantee, HPLNG shall be entitled to treat the Bank as
the principal debtor. HPLNG shall have the fullest liberty without affecting in any way the
liability of the Bank under this guarantee from time to time to vary any of the terms and
conditions contained in the said Bidding Document or to extend time for submission of
the Bids or the Bid Validity Period or the period for fulfilment and compliance with all or
any of the terms and conditions contained in the said Bidding Document by the said
Bidder or to postpone for any time and from time to time any of the powers exercisable
by it against the said Bidder and either to enforce or forbear from enforcing any of the
terms and conditions contained in the said Bidding Document or the securities available
to HPLNG, and the Bank shall not be released from its liability under this guarantee by any
exercise by HPLNG of the liberty with reference to the matters aforesaid or by reason of
time being given to the said Bidder or any other forbearance, act or omission on the part
of HPLNG, or any indulgence by HPLNG to the said Bidder or by any change in the
constitution of HPLNG or its absorption, merger or amalgamation with any other person
or any other matter or thing whatsoever which under the law relating to sureties would
but for this provision have the effect of so releasing the Bank from its such liability.
5. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given
or made if addressed to the Bank and sent by courier or by registered mail to the Bank at
the address set forth herein.
7. It shall not be necessary for HPLNG to proceed against the said Bidder before proceeding
against the Bank and this guarantee shall be enforceable against the Bank,
notwithstanding any other security which HPLNG may have obtained from the said Bidder
Page 24 of 26
or any other person and which shall, at the time when proceedings are taken against the
Bank hereunder, be outstanding or unrealised.
8. We, the Bank, further undertake not to revoke this guarantee during its currency except
with the previous express consent of HPLNG in writing.
9. Notwithstanding anything contained herein above, our liability under this guarantee is
limited to ……………………………….. and our guarantee shall remain in force until [_].
10. Any claim under this guarantee must be received by us, the Bank, before the expiry of this
guarantee. If no such claim has been received by us by the said date, the rights of HPLNG
under this guarantee will cease. However, if such a claim has been received by us by the
said date, all the rights of HPLNG under this guarantee shall be valid and shall not cease
until we have satisfied that claim.
11. The Bank declares that it has power to issue this guarantee and discharge the obligations
contemplated herein and the undersigned is duly authorised and has full power to execute
this guarantee for and on behalf of the Bank.
12. Capitalized terms used but not defined in this guarantee shall have the same respective
meanings ascribed thereto in the Bidding Document.
13. This Bid Security shall be governed by and constructed in accordance with the laws of India
and is subject to the exclusive jurisdiction of the courts at Mumbai.
In witness whereof the Bank, through its authorised officer, has set its hand and stamp on this
…………. day of …………. 2017, at ………….
WITNESS:
(SIGNATURE)
(NAME)
(OFFICIAL ADDRESS)
Date: ………….………….………….
(SIGNATURE)
(NAME)
Page 25 of 26
SECTION-I.I : PRE-QUALIFICATION CRITERIA
Attached Separately
Attached Separately
Attached Separately
Page 26 of 26
SECTION I.I – PRE-QUALIFICATION CRITERIA
The qualification criteria is given below and vendors has to qualify the same
qualification criteria.
1. Financial:
The Bidder must have an average annual financial turnover of at least Rs. 67
Lakhs in the last 3 financial years, ending 31st March 2023 (2020-21, 2021-22
& 2022-23). Average turnover shall be determined by summing up the annual
turnover of each of the 3 financial years and dividing the sum by three. In the
event a bidder does not have any turnover in any one or two of the years of the
stated Financial years, the turnover for that/those years shall be taken as zero
and the average turnover shall be calculated to determine the conformity to the
turnover criteria.
2. Technical:
Applicants shall have experience of having successfully carried out and completed
similar work during the last 7 years ending last day of the month previous to the
one in which applications are invited, which experience should be any one of the
following:
a) One Similar* completed work costing not less than Rs.179 Lakhs
Or
b) Two Similar* completed works, each costing not less than Rs. 112 Lakhs
Or
c) Three Similar* completed works each costing not less than Rs. 90 Lakhs
For the purpose of this clause Similar work* shall mean supply of
Outsourced Manpower in core or non-core areas of Operation &
Maintenance of LNG/LPG storage or process plants/ Petrochemical plant /
Oil & Gas Industry /power plant.
The bidder should submit documentary evidence to this effect in the form of
Purchase Order/s and Work completion certificate/s or any equivalent document
along with the Bid to establish their experience. The work completion certificate
must clearly mention the following minimum details.
1. Name of Contractor.
2. Name of work clearly specifying the type of works involved.
3. Work order number and Date.
4. Actual date of completion.
5. Value of the Contract executed.
Note:
1. Both the above criteria to be met for qualification of applicants. The vendor
shall submit job completion report as the proof for completed works.
2. Criteria for prior experience and prior turnover (PQC) to be relaxed by
15% for Micro and Small Enterprises subject to meeting the prescribed
quality and technical specification of the tendered items/services.
3. Value of the completed Work orders shall be the basic Value (exclusive of
all the Taxes/Levies).
4. Non-submission of PQC documents may render the bid to be rejected.
Note-:
2
In case the last financial year closing date is within 9 Months of Bid Due
Date and audited annual report of immediately preceding financial year is
not available, bidder has the option to submit the financial details of the
three previous years immediately prior to the last financial year. Otherwise,
it is compulsory to submit the financial details of the immediate three
preceding financial years.
Example,
Copies of Excise, VAT invoice, GST invoice, Customs document, purchase order,
3
purchase agreement and relevant pages of contract as applicable as supporting
documents to be submitted in support of the above claims and copies submitted
shall be duly notarised.
Please note:
If the documents in respect of Clause No. A (1.0) and A (2.0) submitted by the
bidder for BQC compliance are in foreign currency, then the same will be
evaluated basis the currency conversion rate (RBI reference rate) prevailing as on
that date of the document. e.g. Date of purchase order etc.
C. OTHER INFORMATION
1. Parties who are affiliates of one another can decide which Affiliate will make
a bid. Only one affiliate may submit a bid. Two or more affiliates are not
permitted to make separate bids directly or indirectly. If 2 or more affiliates
submit a bid, then any one or all of them are liable for disqualification.
However up to 3 affiliates may make a joint bid as a consortium, and in
which case the conditions applicable to a consortium shall apply to them.
“Affiliate” of a Party shall mean any company or legal entity which:
4
3. Fulfilment of Eligibility criteria and certain additional conditions in respect
of each of the above 4 types of bidders are stated below, respectively:
b) In case the bidder is a newly formed and incorporated joint venture and
which has not completed three financial years from the date of
commencement of business, then either the said JV shall fulfill each
eligibility criteria or any one constituent member/ promoter of such a JV
shall fulfil each eligibility criteria. If the bid is received with the proposal
that one constituent member/ promoter fulfils each eligibility criteria, then
this member/promoter shall be clearly identified and he/it shall assume
all obligations under the contract and provide such comfort
letter/guarantees as may be required by Owner. The guarantees shall cover
inter alia the commitment of the member/ promoter to complete the entire
work in all respects and in a timely fashion, being bound by all the
obligations under the contract, an undertaking to provide all necessary
technical and financial support to the JV to ensure completion of the
contract when awarded, an undertaking not to withdraw from the JV till
completion of the work, etc.
6
SECTION – II
1 PRELIMINARY
1.1 This is a Contract for execution of job as defined in tender document at the specified location
1.2 The tenderer for the abovementioned item of work is the company/ proprietary concern/
individual (as per details & address mentioned in the unpriced bid) and undersigned
(digitally) is authorized to submit the bid on behalf of tenderer.
1.3 The terms and conditions mentioned hereunder are the terms and conditions of the Contract
for the execution of the work mentioned under item 1.1 above.
1.4 It is the clear understanding between HPCL LNG Limited and the tenderer that
in case the bid of tenderer is accepted by HPCL LNG Limited and an intimation to
that effect is so issued and also a Procurement Order is on the tenderer this
document shall form part of the Contract between the parties and terms and conditions
hereunder would govern the parties interest.
1.5 Interpretation of Contract Documents: All documents forming part of the Contract are to
be taken mutually explanatory. Should there be any discrepancy, inconsistency,
error or omission in the contract, the decision of the Owner/Engineer- in-Charge/Site-in-
Charge shall be the final and the contractor shall abide by the decision. The decision
shall not be arbitrable. Works shown upon the drawings but not mentioned in the
specification or described in the specifications without being shown on the drawings shall
nevertheless be deemed to be included in the same manner as if they are shown in
the drawings and described in the specifications.
1.6 Special conditions of Contract: The special conditions of contract, if any provided
and whenever and wherever referred to shall be read in conjunction with General Terms
and Conditions of contract, specifications, drawings, and any other documents forming part
of this contract wherever the context so requires. Notwithstanding the subdivision of the
documents into separate sections, parts volumes, every section, part or volume shall be
deemed to be supplementary or complementary to each other and shall be read in whole.
In case of any misunderstanding arising the same shall be referred to decision of the
Owner/ Engineer-in-Charge/Site-in-Charge and their decision shall be final and binding
and the decision shall not be arbitrable.
It is the clear understanding that wherever it is mentioned that the Contractor shall
do/perform a work and/or provide facilities for the performance of the work, the doing or
the performance or the providing of the facilities is at the cost and expenses of the
Contractor not liable to be paid or reimbursed by the Owner.
1.7 The Order of Precedence of documents shall be as follows with document at level 1 having the
highest precedence (Refer Annexure 22 – Govt. Guideline Sr. No. 12)
1. Contract Agreement
2. Detailed Letter of Acceptance along with its enclosures
3. Letter of Award / Fax of Acceptance
4. Job Specifications (specific to particular job only)
5. Drawings
6. Special Conditions of Contract
7. Technical Specifications
8. Instructions to Bidders
9. General Conditions of Contract
10. Other Documents
Any amendment / change order issued after signing of formal contract shall take precedence
over respective clauses of the formal contract and its annexures
2. DEFINITIONS
In this contract unless otherwise specifically provided or defined and unless a contrary intention
appears from the contract the following words and expressions are used in the following meanings;
2.1 The term "Agreement" wherever appearing in this document shall be read as "Contract".
2.2 The "Authority" for the purpose of this Contract shall be the Chairman or any other person
so appointed or authorised.
2.3 The "Chairman" shall mean the Chairman of HPCL LNG Limited or any person so
appointed, nominated or designated and holding the office of Chairman & Managing
Director.
2.4 The "Change Order" means an order given in writing by the Engineer-in-Charge or by Owner
to effect additions to or deletion from or alterations into the Work.
2.5 The "Construction Equipment" means all appliances and equipment of whatsoever
nature for the use in or for the execution, completion, operation or maintenance of the
work except those intended to form part of the Permanent Work.
2.6 The "Contract" between the Owner and the Contractor shall mean and include all
documents like enquiry, tender submitted by the contractor and the procurement order
issued by the owner and other documents connected with the issue of the procurement
order and orders, instruction, drawings, change orders, directions issued by the
Owner/Engineer-in-Charge/Site-in-Charge for the execution, completion and
commissioning of the works and the period of contract mentioned in the Contract including
such periods of time extensions as may be granted by the owner at the request of the
contractor and such period of time for which the work is continued by the contractor for
purposes of completion of the work.
2.7 "The Contractor" means the person or the persons, firm or Company whose tender has been
accepted by the Owner and includes the Contractor's legal heirs, representative,
successor(s) and permitted assignees.
2.8 The "Drawings" shall include maps, plans and tracings or prints thereof with any
modifications approved in writing by the Engineer-in-Charge and such other drawings
as may, from time to time, be furnished or approved in writing by the Engineer-in-Charge.
2.9 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed or
designated as such by the Owner and shall include those who are expressly authorised by
the owner to act for and on its behalf.
2.10 "The Owner" means the HPCL LNG Limited incorporated in India having its Registered
office at HPCL Regional Office, Petroleum House, Behind Memnagar Fire Station
Navrangpura, Ahmedabad and Corporate office at 3rd Floor - West Wing, Forbes Building,
Charanjit Rai Marg, Fort, Mumbai Maharashtra – 400 001 or their successors or assignees.
2.11 The "Permanent Work" means and includes works which form a part of the work to be
handed over to the Owner by the Contractor on completion of the contract.
2.12 The "Project Manager" shall mean the Project Manager of HPCL LNG LIMITED, or any
person so appointed, nominated or designated.
2.13 The "Site" means the land on which the work is to be executed or carried out and such
other place(s) for purpose of performing the Contract.
2.14 The "Specifications" shall mean the various technical and other specifications attached and
referred to in the tender documents. It shall also include the latest editions, including all
addenda/corrigenda or relevant Indian Standard Specifications and Bureau Of Indian
Standards.
2.15 The "Sub-Contractor" means any person or firm or Company (other than the Contractor)
to whom any part of the work has been entrusted by the Contractor with the prior written
consent of the Owner/Engineer-in-Charge/Site-in- Charge and their legal heirs,
representatives, successors and permitted assignees of such person, firm or Company.
2.16 The "Temporary Work" means and includes all such works which are a part of the contract
for execution of the permanent work but does not form part of the permanent work
confirming to practices, procedures applicable rules and regulations relevant in that behalf.
2.17 The "Tender" means the document submitted by a person or authority for carrying out the
work and the Tenderer means a person or authority who submits the tender offering to
carry out the work as per the terms and conditions.
2.18 The "Work" shall mean the works to be executed in accordance with the Contract
or part thereof as the case may be and shall include extra, additional, altered or
substituted works as maybe required for the purposes of completion of the work
contemplated under the Contract.
3. SUBMISSION OF TENDER
3.1 Before submitting the Tender, the Tenderer shall at their own cost and expenses
visit the site, examine and satisfy as to the nature of the existing roads, means of
communications, the character of the soil, state of land and of the excavations, the
correct dimensions of the work facilities for procuring various construction and
other material and their availability, and shall obtain information on all matters and
conditions as they may feel necessary for the execution of the works as intended by the
Owners and shall also satisfy of the availability of suitable water for construction of civil
works and for drinking purpose and power required for fabrication work etc. Tenderer,
whose tender may be accepted and with whom the Contract is entered into shall not be
eligible and be able to make any claim on any of the said counts in what so ever manner
for what so ever reasons at any point of time and such a claim shall not be raised as
a dispute and shall notbe arbitrable.
A pre-bid meeting may be held as per the schedule mentioned in the tender.
Page 4 of 31
3.2 The Tenderer shall be deemed to have satisfied fully before tendering as to the correctness
and sufficiency of his tender for the works and of the rates and prices quoted in the
schedule of quantities which rates and prices shall except as otherwise provided cover
all his obligations under the contract.
3.3 It must be clearly understood that the whole of the conditions and specifications are intended
to be strictly enforced and that no work will be considered as extra work and allowed
and paid for unless they are clearly outside the scope, spirit, meaningof the Contract
and intent of the Owner and have been so ordered in writing by Owner and/or Engineer-
in-Charge/Site-in-Charge, whose decision shall be final and binding.
3.4 Before filling the Tender the Contractor will check and satisfy all drawings and materials
to be procured and the schedule of quantities by obtaining clarification from the Owner
on all the items as may be desired by the Tenderer. No claim for any alleged loss or
compensation will be entertained on this account, after submission of Tender by the
Tenderer/Contractor and such a claim shall not be arbitrable.
3.5 Unless specifically provided for in the tender documents or any Special Conditions, no
escalation in the Tender rates or prices quoted will be permitted throughout the
period of contract or the period of actual completion of the job whichever is later on
account of any variation in prices of materials or cost of labour or due to any other
reasons. Claims on account of escalation shall not be arbitrable.
3.6 The quantities indicated in the Tender are approximate. The approved schedule of rates
of the contract will be applicable for variations upto plus or minus 25% of the contract value.
No revision of schedule of rates will be permitted for such variations in the contract value,
including variations of individual quantities, addition of new items, alterations,
additions/deletions or substitutions of items, as mentioned above. Quantities etc.
mentioned and accepted in the joint measurement sheets shall alone be final and binding
on the parties.
3.7 Owner reserve their right to award the contract to any tenderer and their decision in this
regard shall be final. They also reserve their right to reject any or all
tenders received. No disputes could be raised by any tenderer(s) whose tender has been
rejected.
3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts viz. cost
of materials, transportation of machine(s), tools, equipments, labour, power, Administration
charges, price escalations, profits, etc. except to the extent of the cost of material(s),
if any, agreed to be supplied by Owner and mentioned specifically in that regard in
condition of Contract, in which case, the cost of such material if taken for preparation
of the Contractor's Bill(s) shall be deducted before making payment of the Bill(s) of the
Contractor. The description given in the schedule of quantities shall unless otherwise
stated be held to include wastageon materials, carriage and cartage, carrying in and
return of empties, hoisting, setting, fitting and fixing in position and all other expenses
necessary in and for the full and complete execution and completion of works and in
accordance with good practice and recognised principles in that regard.
3.9 Employees of the State and Central Govt. and employees of the Public Sector Undertakings,
including retired employees are covered under their respective service conditions/rules
in regard to their submitting the tender. All such persons should ensure compliance to
the respective/applicable conditions, rules etc. Any person not complying with those
rules etc. but submitting the tender in violationof such rules, after being so noticed
shall be liable for the forfeiture of the Earnest Money Deposit made with the tender,
termination of Contract and sufferance on account of forfeiture of Security Deposit
and sufferance of damages arising as a result of termination of Contract.
3.10 In consideration for having a chance to be considered for entering into a contract
Page 5 of 31
with the Owner, the Tenderer agrees that the Tender submitted by him shall remain
valid for the period prescribed in the tender conditions, from the dateof opening of
the tender. The Tenderer shall not be entitled during the said validity period, to
revoke or cancel the tender without the consent in writing from the Owner.
In case the tenderer revokes or cancels the tender or varies any of terms of the tender
without the Consent of the Owner, in writing, the Tenderer forfeits the right to the refund
of the Earnest Money paid along with the tender.
3.11 The prices quoted by the Tenderer shall be firm during the validity period of the
bid and Tenderer agrees to keep the bid alive and valid during the said period. The
Tenderers shall particularly take note of this factor before submitting their tender(s).
3.12 The works shall be carried out strictly as per approved specifications. Deviations, if any, shall
have to be authorised by the Engineer-in-Charge/Site-in-Charge in writing prior to
implementing deviations. The price benefit, if any, arising out of the accepted deviation shall
be passed on to the Owner. The decision of Engineer- in-Charge shall be final in this
matter.
3.13 The contractor shall make all arrangements at his own cost to transport the required
materials outside and inside the working places and leaving the premises in a neat and tidy
condition after completion of the job to the satisfaction of Owner. All materials except those
agreed to be supplied by the Owner shall be supplied by the contractor at his own cost and
the rates quoted by the Contractor should be inclusive of all royalties, rents, taxes,
duties, statutory levies, if any, etc.
3.14 The Contractor shall not carry on any work other than the work under this Contract within the
Owner’s premises without prior permission in writing from the Engineer- in- Charge/Site-in-
charge.
3.15 The Contractor shall be bound to follow and ensure compliance to all the safety and security
regulations and other statutory rules applicable to the area. In the event of any damage
or loss or sufference caused due to non-observance of such rules and regulations, the
contractor shall be solely responsible for the same and shall keep the Owner indemnified
against all such losses and claims arising from the same.
3.16 At any time after acceptance of tender, the Owner reserves the right to add, amend
or delete any work item, the bill of quantities at a later date or reduce the scope of work
in the overall interest of the work by prior discussion and intimation to the Contractor.
The decision of Owner, with reasons recorded therefor, shall be final and binding on both
the Owner and the Contractor. The Contractor shall not have right to claim compensation
or damage etc. in that regard. The Owner reserves the right to split the work under
this contract between two or more contractors without assigning any reasons.
3.17 Contractor shall not be entitled to sublet, sub contract or assign, the work under
this Contract without the prior consent of the Owner obtained in writing.
3.18 All signatures in tender document shall be dated as well as all the pages of all sections
of the tender documents shall be initialed at the lower position and signed, wherever required
in the tender papers by the Tenderer or by a person holding Power of Attorney
authorising him to sign on behalf of the tenderer before submission of tender.
3.19 The tender should be quoted in English, both in figures as well as in words. The rates and
amounts tendered by the Tenderer in the Schedule of rates for each item and in such a way
that insertion is not possible. The total tendered amount should also be indicated both in
Page 6 of 31
figures and words with the signature of tenderer.
If some discrepancies are found between the rates given in words and figures of the
amount shown in the tender, the following procedure shall be applied:
(a) When there is a difference between the rates in figures and words, the rate which
corresponds to the amount worked out by the tenderer shall be taken as correct.
(b) When the rate quoted by the tenderer in figures and words tallies but the amount is
incorrect, the rate quoted by the tenderer shall be taken as correct.
(c) When it is not possible to ascertain the correct rate in the manner
prescribed above the rate as quoted in words shall be adopted.
3.20 All corrections and alterations in the entries of tender paper will be signed in full by the
tenderer with date. No erasures or over writings are permissible.
3.21 Transfer of tender document by one intending tenderer to the another one is not permissible.
The tenderer on whose name the tender has been sent only can quote.
3.22 The Tender submitted by a tenderer if found to be incomplete in any or all manner
is liable to be rejected. The decision of the Owner in this regard is final and binding.
4. DEPOSITS
The tenderer will be required to pay a sum as specified in the covering letter, as earnest
money deposit along with the tender either thru a crossed demand draft or a non-revokable
Bank Guarantee in favour of HPCL LNG Limited, from a bank from the list of banks whose
bank guarantees are acceptable to the Corporation (list enclosed) payable at Mumbai in
favour of HPCL LNG Limited, Mumbai in the proforma enclosed.
or through e-payment. The earnest money deposit will be refunded after finalisation of the
contract.
Note: Public sector enterprises and small-scale units registered with National Small Industries
Corporation are exempted from payment of Earnest Money Deposit. Small scale units
registered with National Small Industries Corporation should enclose a photocopy of their
registration certificate with their quotation to make their quotation eligible for consideration.
The Registration Certificate should remain valid during the period of the contract that may be
entered into with such successful bidder. Such tenderers should ensure validity of the
Registration Certificate for the purpose. (Refer Gazette notification of the Government of
India , the Ministry of Micro, Small and Medium Enterprises number S.O.2119 (E ),
dated 26th June, 2020 on criteria for classifying the enterprises as micro, small and
medium enterprises & Udyam registration for revised guideline.)
b) SECURITY DEPOSIT:
The tenderer, with whom the contract is decided to be entered into and intimation is so
given will have to make a security deposit of one percent (1%) of the total contract
value in the form of account payee crossed demand draft drawn in favour of the
Owner, within 15 days from the date of intimation of acceptance of their tender, failing
which the Owner reserves the right to cancel the Contract and forfeit the EMD.
1% of PO/Contract value as Security deposit will be acceptable in the form of Demand draft
or through e-payment upto r 50,000/- and in the form of Demand draft / Bank guarantee or
Page 7 of 31
through e-payment beyond r 50,000/-.Demand Draft should be drawn on Scheduled Banks
(other than cooperative banks). Composite Performance Bank Guarantee (CPBG) valid
upto a period of 3 monthsbeyond the expiry of defect liability period. Demand
Draft should be drawn on Scheduled Banks, other than co-operative bank
.
Quantum of Performance Bank Guarantee inclusive of Security Deposit should be
- All items (other than CVR items) : 10% of PO value
- For CVR items: Rs.10.0 lakhs or 5% of the order value whichever is lower. Composite
PBG of above value towards Performance Bank Guarantee inclusive of Security
Deposit shall be accepted (in lieu of deduction of retention money of 10% from each bill);
Such composite PBG shall be valid upto a period of 3 months beyond the expiry of
defect liability period.
5. EXECUTION OF WORK
All the works shall be executed in strict conformity with the provisions of the contract documents
and with such explanatory details, drawings, specifications and instructions as may be
furnished from time to time to the Contractor by the Engineer-in-Charge/ Site- in-Charge,
whether mentioned in the Contract or not. The Contractor shall be responsible for ensuring
that works throughout are executed in the most proper and workman- like manner with the
quality of material and workmanship in strict accordance with the specifications and to the entire
satisfaction of the Engineer-in- Charge/Site-in-Charge.
The completion of work may entail working in monsoon also. The contractor must maintain
the necessary work force as may be required during monsoon and plan to execute the job
in such a way the entire project is completed within the contracted time schedule. No extra
charges shall be payable for such work during monsoon. It shall be the responsibility of
the contractor to keep the construction work site free from water during and off the monsoon
period at his own cost and expenses.
For working on Sundays/Holidays, the contractor shall obtain the necessary permission from
Engineer Incharge/Site Incharge in advance. The contractor shall be permitted to work
beyond the normal hours with prior approval of Engineer-In-Charge/Site-In-Charge and the
contractors quoted rate is inclusive of all such extended hours of working and no extra amount
shall be payable by the owner on this account.
5.a.1. The Engineer-in-Charge/Site-in-Charge shall furnish the Contractor with only the four
corners of the work site and a level bench mark and the Contractor shall set out the
works and shall provide an efficient staff for the purpose and shall be solely responsible
for the accuracy of such setting out.
5.a.2. The Contractor shall provide, fix and be responsible for the maintenance of all
necessary stakes, templates, level marks, profiles and other similar things and shall
take all necessary precautions to prevent their removal or disturbance and shall be
responsible for consequences of such removal or disturbance should the same
take place and for their efficient and timely reinstatement. The Contractor shall also
be responsible for the maintenance of all existing survey marks, either existing or
supplied and fixed by the Contractor. The work shall be set out to the satisfaction
of the Engineer-in-Charge/Site-in-Charge. The approval thereof or joining in setting
out the work shall not relieve the Contractorof his responsibility.
5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all
necessary reference and level posts, pegs, bamboos, flags ranging rods, strings and
other materials for proper layout of the work in accordance with the scheme, for
bearing marks acceptable to the Engineer-in-Charge/Site-in- Charge. The Centre
longitudinal or face lines and cross lines shall be marked by means of small masonary
Page 8 of 31
pillars. Each pillar shall have distinct marks at the centre to enable theodolite to be
set over it. No work shall be started until all these points are checked and approved
by the Engineer-in-Charge/Site-in- Charge in writing. But such approval shall not
relieve the contractor of any of his responsibilities. The Contractor shall also
provide all labour, materials and other facilities, as necessary, for the proper checking
of layout and inspection of the points during construction.
5.a.4. Pillars bearing geodetic marks located at the sites of units of works under construction
should be protected and fenced by the Contractor.
5.a.5. On completion of works, the contractor shall submit the geodetic documents according
to which the work was carried out.
5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his instructions
to the contractor in respect of the executions of work in a "work site order book"
maintained in the office having duplicate sheet and the authorised representative of
the contractor shall confirm receipt of such instructions by signing the relevant
entries in the book.
5.a.7. All instructions issued by the Engineer-in-Charge/Site-in-Charge shall be in writing.
The Contractor shall be liable to carry out the instructions without fail.
5.a.8. If the Contractor after receipt of written instruction from the Engineer-in-Charge/ Site-
in-Charge requiring compliance within seven days fails to comply with such drawings
or 'instructions' or both as the Engineer-in-Charge/Site-in-Charge may issue, owner
may employ and pay other persons to execute any such work whatsoever that may
be necessary to give effect to such drawings or
`instructions' and all cost and expenses incurred in connection therewith as certified
by the Engineer-in-Charge/ Site-in-Charge shall be borne by the contractor or may be
deducted from amounts due or that may become due to the contractor under the
contract or may be recovered as a debt.
5.a.9. The Contractor shall be entirely and exclusively responsible for the horizontal and
vertical alignment, the levels and correctness of every part of the work and shall
rectify effectually any errors or imperfections therein. Such rectifications shall
be carried out by the Contractor, at his own cost.
5.a.10. In case any doubts arise in the mind of the Contractor in regard to any expressions,
interpretations, statements, calculations of quantities, supply of material rates, etc.
the contractor shall refer the same to the Site-in-Charge/ Engineer-in-Charge for his
clarification, instructions, guidance or clearing of
doubts. The decision of the Engineer-in-Charge/Site-in-Charge shall be final and the
contractor shall be bound by such a decision.
5.a.11. "The Contractor shall take adequate precautions, to ensure that his operationsdo
not create nuisance or misuse of the work space that shall cause unnecessary
disturbance or inconvenience to others at the work site".
5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains of
geological or archaeological discovered on the site of works shall be declared to
be the property of the Owner and Contractor shall take reasonable precautions to
prevent his workmen or any other persons from removing or damaging any such
articles or thing and shall immediately inform the Owner/ Engineer-in-Charge/Site-in-
Charge."
5.a.13. "Contractor will be entirely and exclusively responsible to provide and maintain
at his expenses all lights, guards, fencing, etc. when and where even necessary or/as
required by the Engineer-in-Charge/Site-in-Charge for the protection of works or
safety and convenience to all the members employed at the site or general public."
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5.b. COMMENCEMENT OF WORK
The contractor shall after paying the requisite security deposit, commence work within
15 days from the date of receipt of the intimation of intent from the Owner informing that
the contract is being awarded. The date of intimation shall be the date/day for counting
the starting day/date and the ending day/date will be accordingly calculated. Penalty, if any,
for the delay in execution shall be calculated accordingly.
A Letter of Intent is an acceptance of offer by the Owner and it need not be accepted by the
contractor. But the contractor should acknowledge a receipt of the purchase order within 15
days of mailing of Purchase Order and any delay in acknowledging the receipt will be a
breach of contract and compensation for the loss caused by such breach will be recovered
by the Owner by forfeiting earnest money deposit/bid bond.
5.c.1. No part of the contract nor any share or interest thereof shall in any manner or degree
be transferred, assigned or sublet, by the Contractor, directly or indirectly to any
firm or corporation whatsoever, without the prior consent in writing of the Owner.
5.c.2. At the commencement of every month the Contractor shall furnish to the Engineer- in-
charge/Site-in-Charge list of all sub-contractors or other persons or firms engaged
by the Contractor.
5.c.3 The contract agreement will specify major items of supply or services for which the
Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may
from time to time propose any addition or deletion from any such list and will submit
the proposals in this regard to the Engineer-in-charge/Designated officer-in-
charge for approval well in advance so as not to impede the progress of work. Such
approval of the Engineer-in-charge/Designated officer-in-charge will not relieve the
contractor from any of his obligations, duties and responsibilities under the contract.
5.c.4. Notwithstanding any sub-letting with such approval as resaid and notwithstanding that
the Engineer-in-Charge shall have received copies of any sub-contract, the Contractor
shall be and shall remain solely to be responsible for the quality and proper and
expeditious execution of the works and the performance of all the conditions of the
contract in all respects as if such subletting or sub-contracting had not taken place and
as if such work had been done directly by the Contractor.
5.c.5 Prior approval in writing of the Owner shall be obtained before any change is made
in the constitution of the contractor/Contracting agency otherwise contract shall be
deemed to have been allotted in contravention of clause entitled “sub-letting of works”
and the same action may be taken and the same consequence shall ensueas
provided in the clause of “sub- letting of works”.
1) If the Contractor anticipates that he will not be able to complete the work within
the contractual delivery/ completion date (CDD), then the Contractor shall make
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a request for grant of time extension clearly specifying the reasons for which he
seeks extension of time and demonstrating as to how these reasons were
beyond the control of the contractor or attributable to the Owner. This request
should be made well before the expiry of the Contractual Delivery/ Completion
Date (CDD).
2) If such a request for extension is received with a Bank Guarantee for the full Price
Reduction amount calculated on the Total Contract Value, the concerned CGM
of the Owner shall grant a Provisional extension of time, pending a decision on
the request.
3) The concerned CGM of the Owner shall expeditiously decide upon the request
for time extension and decide the levy of price reduction within a maximum
period of 6 months from the CDD or date of receipt of the request, whichever
is earlier.
4) Grant of any extension of time shall be by means of issuance of a Change Order.
5) In order to avoid any cash crunch to the Contractor, a Bank Guarantee could be
accepted against Price Reduction, as stated above. Once a decision is taken,
the Price Reduction shall be recovered from any pending bills or by encashment
of the BG. Any balance sum of Contractor or the BG (if Price Reduction is fully
recovered from the bills) shall be promptly refunded/returned to the Contractor.
5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in writing
by the Engineer- in-Charge/Site-in-Charge for reasons recorded suspend the works
or any part thereof for such period and such time so ordered and shall not, after
receiving such, proceed with the work therein ordered to suspended until he shall have
received a written order to re-start. The Contractor shall be entitled to claim extension
of time for that period of time the work was ordered to be suspended. Neither the
Owner nor the Contractor shall be entitled to claim compensation or damages on
account of such an extension of time.
5.e.3. The contractor shall, in case of suspension have the right to raise a dispute and
have the same arbitrated but however, shall not have the right to have the work
stopped from further progress and completion either by the owner or through other
contractor appointed by the owner.
Not withstanding anything contained elsewhere in this contract, the owner upon failure of the
Contractor to comply with any instructions given in accordance with the provisions of
this contract, may instead of Contract and undertaking charge of entire work, place
additional labour force, tools, equipment and materials on such parts of the work, as the
Owner may decide or engage another Contractor to carryout the balance of work. In such
cases, the Owner shall have the right to deduct from the amounts payable to the Contractor
the difference in cost of such work and materials with ten percent overhead added to cover
all departmental charges. Should the total amount thereof exceed the amount due to the
contractor, the Contractor shall pay the difference to the Owner within 15 days of making
demand for payment failing which the Contractor shall be liable to pay interest at 24% p.a.
on such amounts till the date of payment.
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5.g. INSPECTION OF WORKS
5.g.2. No material shall be removed and despatched by the Contractor from the site without
the prior approval in writing of the Engineer-in-charge. The contractor isto provide
at all times during the progress of the work and the maintenance period proper means
of access with ladders, gangways, etc. and the necessary attendance to move and
adapt as directed for inspection or measurements of the works by the Engineer-
in-Charge/Site-in-Charge.
5.h. SAMPLES
5.i.1. All workmanship shall be of the respective kinds described in the contract documents
and in accordance with the instructions of the Engineer-in-Charge / Site-in- Charge and
shall be subjected from time to time to such tests at Contractor's cost as the
Engineer-in-Charge/Site-in-Charge may direct at the place of manufacture or
fabrication or on the site or at all or any such places. The Contractor shall provide
assistance, instruments, labour and materials as are normally required for examining,
measuring and testing any workmanship as may be selected and required by the
Engineer-in-Charge/Site-in-Charge.
5.i.2. All the tests that will be necessary in connection with the execution of the workas
decided by the Engineer-in- charge/Site-in-Charge shall be carried out at the
contractors cost and expenses.
5.i.3. If any tests are required to be carried out in connection with the work or materials
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or workmanship to be supplied by the owner, such tests shall be carried out by the
Contractor as per instructions of Engineer-in-Charge/Site-in-Charge and expenses for
such tests, if any, incurred by the contractor shall be reimbursed by the Owner.
The contractor should file his claim with the owner within 15 (fifteen) days of
inspection/test and any claim made beyond that period shall lapse and be not
payable.
Acceptance of sections of the works for purposes of equipment erection, piping, electrical
work and similar usages by the Owner and payment for such work or parts of work shall not
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constitute a waiver of any portion of this contract and shall not be construed so as to
prevent the Engineer from requiring replacement of defective work that may become
apparent after the said acceptance and also shall not absolve the Contractor of the
obligations under this contract. It is made clear that such an acceptance does not indicate
or denote or establish to the fact of execution of that work or the Contract until the work
is completed in full in accordance with the provisions of this Contract.
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Thus, defect liability is applicable only in case of job/works contract (civil, mechanical,
electrical, maintenance etc. ) where any damage of defect may arise in future (i.e. within
12 months from the date of completion of job) or lie undiscovered at the time of completion of
job.
In other words, in case of service contracts (like car hire etc.) where there is no question
of damage or defect arising in future, the defect liability clause is not applicable.
Equipment or spare parts replaced under warranty/guarantees shall have further warranty
for 12 months from the date of acceptance. However, in no case will the warranty exceed 24
months from the date of start of the original warranty. (Refer Annexure 22 – Govt. Guideline Sr. No.
14)
5.o.1. Contractor shall be responsible for making good to the satisfaction of the Owner any
loss of and any damage to all structures and properties belonging to the Owner or
being executed or procured by the Owner or of other agencies within the premises
of the work of the Owner, if such loss or damage is due to fault and/or the negligence
or willful acts or omission of the Contractor, his employees, agents, representatives
or sub-contractors.
5.o.2. The Contractors shall indemnify and keep the Owner harmless of all claims for
damage to Owner's property arising under or by reason of this contract.
6.a.1 The Contractor shall be solely and exclusively responsible for engaging or employing
persons for the execution of work. All persons engaged by the contractor shall be
on Contractor's payroll and paid by Contractor. All disputes or differences between
the Contractor and his/their employees shall be settled by Contractor.
6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the
Contractor. The Contractor shall indemnify Owner against any loss or damage or
liability arising out of or in the course of his/their employing persons or relation with
his/their employees. The Contractor shall make regular and full payment of wages and
on any complaint by any employee of the Contractor or his sub contractor regarding
non-payment of wages, salaries or other dues, Owner reserves the right to make
payments directly to such employees or sub- contractor of the Contractor and
recover the amount in full from the bills of the Contractor and the contractor shall
not claim any compensation or reimbursement thereof. The Contractor shall
comply with the Minimum Wages Act applicable to the area of work site with regard
to payment of wages to his employees and also to employees of his sub contractor.
6.a.3. The Contractor shall advise in writing or in such appropriate way to all of his
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employees and employees of sub-contractors and any other person engaged by
him that their appointment/employment is not by the Owner but by the
Contractor and that their present appointment is only in connection with the
construction contract with Owner and that therefore, such an
employment/appointment would not enable or make them eligible for any
employment/appointment with the Owner either temporarily or/and permanent
basis.
The contractor shall comply with and give all notices required under any Government
authority, instruction, rule or order made under any act of parliament, state laws or any
regulations or by-laws of any local authority relating to the works.
6.c.1 Contractor shall maintain first aid facility for his employees and those of his
sub-contractors.
6.c.2. Contractor shall make arrangements for ambulance service and for the
treatment of all types of injuries. Names and telephone numbers of those
providing such services shall be furnished to Owner prior to start of
construction and their name board shall be prominently displayed in Contractor's
field office.
6.c.3. All industrial injuries shall be reported promptly to owner and a copy of contractor's
report covering each personal injury requiring the attention of a physician shall be
furnished to the Owner.
6.d.1. The Contractor shall at his own expenses arrange for the Safety provisions as
may be necessary for the execution of the work or as required by the Engineer-in-
Charge in respect of all labours directly or indirectly employed for performance of
the works and shall provide all facilities in connections therewith. In case the
contractor fails to make arrangements and provide necessary facilities as
aforesaid, the Owner shall be entitled to do so and recover the cost thereof from
the Contractor.
6.d.2. From the commencement to the completion of the works, the contractor shall take
full responsibility for the care thereof and of all the temporary works (defined as
meaning all temporary works of every kind required in or for the execution,
completion or maintenance of the works). In case damage, loss or injury shall
happen to the works or to any part thereof or to temporary works or to any cause
whatsoever repair at his (Contractor's) own cost and make good the same so that
at the time of completion, the works shall be in good order and condition and in
conformity in every respect with the requirement of the contract and Engineer-in-
Charge's instructions.
6.d.3. In respect of all labour, directly or indirectly employed in the work for the
performance of the Contractor's part of this agreement, the contractor shallat
his own expense arrange for all the safety provisions as per relevant Safety Codes
of C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Rules. The Mines
Act and such other Acts as applicable.
6.d.4. The Contractor shall observe and abide by all fire and safety regulations of the
Owner. Before starting construction work, the Contractor shall consult with
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Owner's Safety Engineer or Engineer-in-Charge/Site-in-Charge and must make
good to the satisfaction of the Owner any loss or damage due to fire to
any portion of the work done or to be done under this agreement or to any of the
Owner's existing property.
6.d.5. The Contractor will be fully responsible for complying with all relevant provisions of
the Contract Labour Act and shall pay rates of Wages and observe hours of
work/conditions of employment according to the rules in force from time to time.
6.d.6. The Contractor will be fully responsible for complying with the provision including
documentation and submission of reports on the above to the concerned
authorities and shall indemnify the Corporation from any such lapse for which
the Government will be taking action against them.
6.d.7. Owner shall on a report having been made by an inspecting Office as defined
in the Contract Labour Regulations have the power to deduct from the money due
to the Contractor any sum required or estimated to be required for making good the
loss suffered by a worker(s) by reasons of non-fulfillment of conditions of contract
for the benefit of workers no-payment of wages or of deductions made from his or
their wages which are not justified by the terms of contract or non observance of the
said contractor's labour Regulation.
i. The Contractor agrees to and does hereby accept full and exclusive liability
for the compliance with all obligations imposed by Employees State Insurance
Act, 1948, and the Contractor further agrees to defend indemnify and hold
Owner harmless from any liability or penalty which may be imposed by the
Central, State or local authority by reason of any asserted violation by
Contractor, or sub-contractor of the Employees' State Insurance Act, 1948 and
also from all claims, suits or proceedings that may be brought against the
Owner arising under, growing out of or by reason of the work provided for by
this contract whether brought by employees of the Contractor, by third parties
or by Central or State Government authority or any political sub-division thereof.
ii. The Contractor agrees to file with the Employees State Insurance Corporation,
the Declaration forms and all forms which may be required in respect of
the Contractor's or sub-contractor's employee whose aggregate emuneration
is within the specified limit and who are employed in the work provided or
those covered by ESI Act under any amendment to the Act from time to time.
The Contractor shall deduct and secure the agreement of the sub- contractor
to deduct the employee's contribution as per the first schedule of the Employee's
State Insurance Act from wages and affix the employee's contribution cards at
wages payment intervals. The Contractor shall remit and secure the
agreement of the sub contractor to remit to the State Bank of India, Employee's
State Insurance Corporation Account, the Employee's contribution as required
by the Act.
iii. The Contractor agrees to maintain all records as required under the Act
in respect of employees and payments and the Contractor shall secure the
agreement of the sub contractor to maintain such records. Any expenses
incurred for the contributions, making contribution or maintaining records shall
Page 17 of 31
be to the Contractor's or sub-contractor's account.
iv. The Owner shall retain such sum as may be necessary from the total contract
value until the Contractor shall furnish satisfactory proof that all contributions as
required by the Employees State Insurance Act, 1948, have been paid.
Contractor shall take out an Insurance to cover all risks to Owner for each
of his vehicles plying on works of this contract and these insurances shall be
valid for the total contract period. No extra payment will be made for this
insurance. Owner shall not be liable for any damage or loss not made good by
the Insurance Company, should such damage or loss result from unauthorised
use of the vehicle. The provisions of the Motor Vehicle Act would apply.
Contractor shall within two weeks after award of contract insure the Works,
Plant and Equipment and keep them insured until the final completion of the
Contract against loss or damage by accident, fire or any other cause with
an insurance company to be approved by the Employer/Consultant in the joint
names of the Employer and the Contractor (name of the former being placed
first in the Policy). Such Policy shall cover the property of the Employer only.
ii. The aforesaid insurance policy/policies shall provide that they shall not be
cancelled till the Engineer-in-Charge has agreed to their cancellation.
iv. The contractor shall ensure that similar insurance policies are taken out by
his sub-contractor (if any) and shall be responsible for any claims or losses to
the Owner resulting from their failure to obtain adequate insurance
protections in connection thereof. The contractor shall produce or cause to be
proceed by his sub-contractor (if any) as the case may be, the relevant policy or
policies and premium receipts as and when required by the Engineer-in-
Charge/Site-in-Charge.
v. Contractor shall at his own expense cover all the workmen engaged under
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him under “Pradhan Mantri Surksha Bima Yojana (PMSBY)” andsubmit
proof of the same to HPLNG.
i. The contractor shall at his own cost employ persons during the period of contract
and the persons so appointed shall not be construed under any
circumstances to be in the employment of the Owner.
ii. All payments shall be made by the contractor to the labour employed by him
in accordance with the various rules and regulations stated above. The
contractor shall keep the Owner indemnified from any claims whatsoever
inclusive of damages/costs or otherwise arising from injuries or alleged
injuries to or death of a person employed by the contractor or damages or
alleged damages to the property.
iii. No labour below the age of eighteen years shall be employed on the work.
The Contractor shall not pay less than what is provided under the provisions of
the contract labour (Regulations and Abolition) Act, 1970 and the rules made
thereunder and as may be amended from time to time. He shall pay the required
deposit under the Act appropriate to the number of workman to be employed by
him or through sub contractor and get himself registered under the Act. He shall
produce the required Certificates to the Owner before commencement of the
work. The Owner recognises only the Contractor and not his sub contractor
under the provisions of the Act. The Contractor will have to submit daily a list of
his workforce. He will also keep the wage register at the work site or/and
produce the same to the Owner, whenever desired. A deposit may be taken by
the Owner from the Contractor to be refunded only after the Owner is
satisfied that all workmen employed by the Contractor have been fully paid for
the period of work in Owner's premises at rates equal to or better than wages
provided for under the Minimum Wages Act. The contractor shall be responsible
and liable for any complaints that may arise in this regard and the
consequences thereto.
iv. The Contractor will comply with the provisions of the Employee's Provident Fund
Act and the Family Pension Act as may be applicable and as amended from
time to time.
v. The Contractor will comply with the provisions of the payment of GratuityAct,
1972, as may be applicable and as amended from time to time.
The Contractor shall at his own expenses comply with or cause be complied with
Model rules for Labour Welfare as appended to those conditions or rules framed
by the Government from time to time for the protection of health and for
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making sanitary arrangements for worker employed directly or indirectly on the
works. In case the contractor fails to make arrangements as aforesaid the
Engineer-in-Charge/Site-in-Charge shall be entitled to do so and recover the
cost thereof from the contractor.
6.f.1. All documents including drawings, blue prints, tracings, reproducible models, plans,
specifications and copies, thereof furnished by the Owner as well as all drawings,
tracings, reproducibles, plans, specifications design calculations etc. prepared
by the contractor for the purpose of execution of works covered in or connected
with this contract shall be the property of the Owner and shall not be used by the
contractor for any other work but are to be delivered to the Owner at the completion
or otherwise of the contract.
6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings etc.
issued to him for the execution of this contract and restrict access to such documents,
drawings etc. and further the Contractor shall execute a SECRECY agreement from
each or any person employed by the Contractor having access to such documents,
drawings etc. The Contractor shall not issue drawings and documents to any other
agency or individual without the written approval by the Engineer-in-Charge/Site-
in- Charge.
6.f.3. Contractor will not give any information or document etc. concerning details of the
work to the press or a news disseminating agency without prior written approval
from Engineer-in-charge/Site-in-Charge. Contractor shall not take any pictures
on site without written approval of Engineer-in-Charge/Site-in-Charge.
7.1. Payments will be made against Running Accounts bills certified by the Owner's
Engineer-in-Charge/Site-in-Charge within 15 days from the date of receipt of the bill..
7.2. Running Account Bills and the final bill shall be submitted by the Contractor together with
the duly signed measurements sheet(s) to the Engineer-in-Charge/ Site-in- Charge of the
Owner in quadruplicate for certification.
The Bills shall also be accompanied by quantity calculations in support of the quantities
contained in the bill along with cement consumption statement, actual/theoretical, wherever
applicable duly certified by the Engineer-in-Charge/ Site-in- Charge of the Owner.
7.3. All running account payments shall be regarded as on account payment(s) to be finally
adjusted against the final bill payment. Payment of Running Account Bill(s) shall not determine
or affect in any way the rights of the Owner under this Contract to make the final
adjustments of the quantities of material, measurements of work and adjustments of
amounts etc. in the final bill.
7.4. The final bill shall be submitted by the Contractor within one month of the date of completion
of the work fully and completely in all respects. If the Contractor fails to submit the final
bill accordingly Engineer-in-Charge/Site-in-Charge may make the measurement and
determine the total amount payable for the work carried out by the Contractor and such a
certification shall be final and binding on the Contractor. The Owner/Engineer- in-
Charge/Site-in-Charge may take the assistance of an outside party for taking the
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measurement, the expenses of which shall be payable by the Contractor.
7.5. Payment of final bill shall be made within 30 days from the date of receipt of the certified bill
by the Disbursement Section of the owner.
7.6 Wherever possible, payment shall be tendered to the contractor in electronic mode (e-
payment) through any of the designated banks. The contractor will comply by
furnishing full particulars of Bank account (mandate) to which the payments will be
routed. Owner reserves the right to make payment in any alternate mode also.
10% of the total value of the Running Account and Final Bill will be deducted and retained by
the Owner as retention money on account of any damage/defect liability that may
arise for the period covered under the defect liability period clause of the Contract free of
interest. Any damage or defect that may arise or lie undiscovered at the time of issue of
completion certificate connected in any way with the equipment or materials supplied by
contractor or in workmanship shall be rectified or replaced by the contractor at his own
expense failing which the Owner shall be entitled to rectify the said damage/defect from the
retention money. Any excess of expenditure incurred by the Owner on account of damage
or defect shall be payable by the Contractor. The decision of the Owner in this behalf shall
not be liable to be questioned but shall be final and binding on the Contractor.
Thus, deduction towards retention money is applicable only in case of job/works contracts
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(civil, mechanical, electrical, maintenance etc.) where any damage or defect may arise
in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the
time of issue of completion certificate.
7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all taxes,
duties, cess, levies and statutory payments payable under all or any of the statutes
etc.
Variations of taxes and duties arising out of the amendments to the Central / State
enactments, in respect of sale of goods / services covered under this bid shall be to
HPLNG’s account, so long as :
• They relate to the period after the opening of the price bid, but before thecontracted
completion period ( excluding permitted extensions due to delay on account of the
contractors, if any) or the actual completion period, whichever is earlier; and
• The vendor furnishes documentary evidence of incurrence of such variations, in
addition to the invoices/documents for claiming Cenvat /Input Tax credit, wherever
applicable.
All contributions and taxes for unemployment compensation, insurance and old age
pensions or annuities now or hereafter imposed by Central or State Governmental
authorities which are imposed with respect to or covered by the wages, salaries
or other compensations paid to the persons employed by the Contractor and the
Contractor shall be responsible for the compliance with all obligations and restrictions
imposed by the Labour Law or any other law affecting employer-employee
relationship and the Contractor further agrees to comply and to secure the
compliance of all sub-contractors with all applicable Central, State, Municipal and
local laws, and regulations and requirements of any Central, State or Local
Government agency or authority.
Contractor further agrees to defend, indemnify and hold harmless from any liability
or penalty which may be imposed by the Central, State or Local authorities by
reason of any violation by Contractor or sub-contractor of such laws, regulations or
requirements and also from all claims, suits or proceedings that may be brought
against the Owner arising under, growing out of, or by reasons of the work provided
for by this contract by third parties, or by Central or State Government authority
or any administrative sub-division thereof. The Contractor further agrees that in case
any such demand is raised against the Owner, and Owner has no way but to pay
and pays/makes payment of the same, the Owner shall have the right to deduct the
same from the amounts due and payable to the Contractor. The Contractor shall
not raise any demand or dispute in respect of the same but may have recourse
to recover/receive from the concerned authorities on the basis of the Certificate of
the Owner issuedin that behalf.
7.d.2. The rates quoted should be inclusive of all taxes. However, wherever a tax
to be deducted at source the same will be deducted from the bills of the
Contractor and paid to the concerned authorities. The proof of such payments
of tax on works contract will be furnished to the contractor.
The vendor shall comply with all the provisions of the GST
Act/Rules/requirements like providing of tax invoices, payment of taxes to the
authorities within the due dates, filing of returns within the due dates etc. to
enable HPLNG to take Input Tax Credit. In case of imports, vendor shall provide
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import documents and invoice fulfilling the requirement of Customs Act and
Rules. Vendor will be fully responsible for complying with the Customs
provisions to enable HPLNG to take Input Tax Credit.
In case, HPLNG is not able to take Input Tax Credit due to any
noncompliance/default/negligence of the seller of goods/service provider, the
same shall be recovered from the pending bills/dues (including security
deposit, BG etc.)
Vendor shall be responsible to indemnify the Corporation for any loss, director
implied accrued to the Corporation on account of supplier/service provider
failure to discharge his statutory liabilities like paying taxes on time, filing
appropriate returns within the prescribed time etc.
7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless
certificate, if any, for deduction at lesser rate or nil deduction is submitted by the
Contractor from appropriate authority.
7.d.4 The contractor shall provide accurate particulars of PAN number as required, under
Section 206AA of Income Tax Act 1961.
7.d.5 The contractors having their ‘tax residency status’ outside India shall provide
Tax Residency Certificate (TRC), issued by Government of the Country or the
specified territory where the Contractor is a Resident. Rule 21AB of the Income
Tax Rules, 1962 has prescribed the contents of a TRC. This would enable the
Corporation to deduct tax at source by duly considering the ‘treaty relief’, if any,
under Double Taxation Avoidance Agreement (DTAA) entered into between GOI
and the respective country/specified territory in which the Contractors’ ‘tax
residency status’ is currently in force.
7.e.2. The Owner may give necessary recommendation to the respective authority if so
desired by the Contractor but assumes no responsibility of any nature. The
Contractor shall procure materials of ISI stamp/certification and supplied by
reputed suppliers borne on DGS&D list.
7.e.3. All materials procured should meet the specifications given in the tender document.
The Engineer-in-charge may, at his discretion, ask for samples and test certificates
for any batch of any materials procured. Before procuring, the Contractor should get
the approval of Engineer-in-Charge/Site-in-Charge for any materials to be used for
the works.
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7.e.4. Manufacturer's certificate shall be submitted for all materials supplied by the
Contractor. If, however, in the opinion of the Engineer-in-Charge/Site-in-Charge any
tests are required to be conducted on the material supplied by the Contractor,
these will be arranged by the Contractor promptly at his own cost.
7.f.1. Steel and Cement maybe supplied by the Owner to the contractor against payment
by Contractor from either godown or from the site or within work premises itself
and the contractor shall arrange for all transport to actual work site at no extra cost.
7.f.2. The contractor shall bear all the costs including loading and unloading, carting from
issue points to work spot storage, unloading, custody and handling and stacking the
same and return the surplus steel and cement to the Owner's storage point after
completion of job.
7.f.3. The contractor will be fully accountable for the steel and cement received from the
Owner and contractor will give acknowledgement/receipt for quantity of steel and
cement received by him each time he uplifts cement from Owner's custody.
7.f.4. For all computation purposes, the theoretical cement consumption shall be considered
as per CPWD standards.
7.f.5. Steel and Cement as received from the manufacturer/stockists will be issued
to the contractor. Theoretical weight of cement in a bag will be considered as 50
Kg. Bags weighing upto 4% less shall be accepted by the contractor and considered
as 50 Kg. per bag. Any shortage in the weight of any cement bag by more than
4% will be to the Owner's account only when pointed out by the Contractor and
verified by Engineer-in-Charge/Site in Charge at the time of Contract or taking
delivery.
7.f.6. The contractor will be required to maintain a stock register for receipt, issuance and
consumption of steel and cement at site. Cement will be stored in a warehouse at
site. Requirement of cement on any day will be taken out of the warehouse. Cement
issued shall be regulated on the basis of FIRST RECEIPT to go as FIRST
ISSUE.
7.f.7. Empty cement bag shall be the property of the Contractor. Contractor shall be
penalised for any excess/under consumption of cement. The penal rate will be
twice the rate of issue of cement for this work.
7.f.8. All the running bills as well as the final bills will be accompanied by cement
consumption statements giving the detailed working of the cement used, cement
received and stock-on-hand.
7.f.9. The Contractor will be fully responsible for safe custody of cement once it is received
by him and during transport. Owner will not entertain any claims of the contractor for
theft, loss or damage to cement while in their custody.
7.f.10. The contractor shall not remove from the site any cement bags at any time.
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7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles, precast
cement jali and any other bought out items which consume cement and for
temporary works.
7.f.13. Cement in bags and in good usable condition left over after the completion of work
shall be returned by the contractor to the Owner. The Owner shall make payment to
the Contractor at the supply rate for such stocks of cement they accept and receive.
Any refused stock of cement shall be removed by the Contractor from the site at his
cost and expenses within 15 days of completion of the work.
8.1. Should the Owner have to pay money in respect of claims or demands as aforesaid the
amount so paid and the costs incurred by the Owner shall be charged to and paid by the
Contractor and the Contractor shall not be entitled to dispute or question the right of the
Owner to make such payments notwithstanding the same may have been without his
consent or authority or in law or otherwise to the contrary.
8.2. In every case in which by virtue of the provisions of Workmen's Compensation Act, 1923,
or other Acts, the Owner is obliged to pay Compensation to a Workman
employed by the Contractor in execution of the works, the Owner will recover from the
Contractor the amount of compensation so paid and without prejudice to the rights
of Owner under the said Act. Owner shall be at liberty to recover such amount or any
part thereof by deducting it from the security deposit or from any sum due to the
Contractor whether under this contract or otherwise. The Owner shall not be
bound to contest any claim made under Section 12 sub section (1) of the said Act,
except on the written request of the Contractor and upon his giving to the Owner full
security for all costs for which the owner might become liable in consequence of
contesting such claim.
The Contractor shall indemnify the Owner and every member, officer and employeeof
the Owner, also the Engineer-in-Charge/Site-in-Charge and his staff against all the actions,
proceedings, claims, demands, costs, expenses, whatsoever arising out of or in connection
with the works and all actions, proceedings, claims, demands, costs, expenses which may
be made against the Owner for or in respect of or arising out of any failure by the
Contractor in the performance of his obligations under the contract. The Contractor shall be
liable for or in respect of or in consequence of any accident or injury to any workmen or other
person in the employment of the Contractor or his sub contractor and Contractor shall
indemnify and keep indemnified the Owner against all such damages, proceedings, costs,
charges and expenses whatsoever in respect thereof or in relation thereto.
i) In case of any delay in completion of the work beyond the CDD, the Owner shall be
entitled to be paid Price Reduction by the Contractor. The price reduction shall be initially
at the rate of 0.5% (half percent) of the total contract value for every week of the
delay subject to a maximum of 5% of the total contract value. The price reduction shall
be recovered by the Owner out of the amounts payable to the Contractor or from any
Bank Guarantees or Deposits furnished by the Contractor or the Retention Money
retained from the Bills of the Contractor, either under this contract or any other contract.
ii) The Contractor shall be entitled to give an acceptable unconditional Bank Guarantee in lieu
of such a deduction if Contractor desires any decision on a request for time extension.
iii) Once a final decision is taken on the request of the Contractor or otherwise, the price
reduction shall be applicable only on the basic cost of the contract and on each full
completed week(s) of delay (and for part of the week, a pro-rata price reduction amount
shall be applicable).
iv) This final calculation of price reduction shall be only on the value of the unexecuted
portion/quantity of work as on the CDD.
v) Contractor agrees with the Owner, that the above represents a genuine pre- estimate of
the damages which the Owner will suffer on account of delay in the performance of the
work by Contractor. The Contractor further agrees that the price reduction amount is over
and above any right which owner has to risk purchase under Clause 12.4 and any right to
get the defects in the work rectified at the cost of the contractor.
The Contractor shall remain responsible and liable to make good all losses or damages that
may occur/appear to the work carried out under this Contract within a period of 12 months
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from date of issue of the Completion Certificate and/or the date of Owner taking over
the work, whichever is earlier. The Contractor shall issue a Bank Guarantee to the Owner in
the sum of 10% of the work entrusted in the Contract, from a bank from the list of banks
whose bank guarantees are acceptable to the Owner (list enclosed) and if however, the
Contractor fails to furnish such a Bank Guarantee the Owner shall have right to retain the
Security Deposit and Retention Money to cover the 10% of the Guarantee amount under
this clause and to return/refund the same after the expiry of the period of 12 months without
any interest thereon. (Please refer to clause 4. Deposits)
12. TERMINATION OF CONTRACT
12.1 The owner may terminate the contract at any stage of the construction for reasons tobe
recorded in the letter of termination.
12.2 The Owner inter alia may terminate the Contract for any or all of the following reasons
that the contractor
12.3 The owner on termination of such contract shall have the right to appropriate the Security
Deposit, Retention Money and invoke the Bank Guarantee furnished by the contractor and to
appropriate the same towards the amounts due and payable by the contractor as per the
conditions of Contract and return to the contractor excess money, if any, left over.
12.4 In case of Termination of the contract, Owner shall have the right to carry out the unexecuted
portion of the work either by themselves or through any other contractor(s) at the risk and
cost of the Contractor. In view of paucity of time, Owner shall have the right to place such
unexecuted portion of the work on any nominated contractor(s). However, the overall liability
of the Contractor shall be restricted to 100 % of the total contract value.
12.5 The contractor within or at the time fixed by the Owner shall depute his authorised representative
for taking joint final measurements of the works executed thus far and submit the final bill
for the work as per joint final measurement within 15 days of the date of joint final
measurement. If the contractor fails to depute their representative for joint measurement, the
owner shall take the measurement with their Engineer-in- Charge/Site-in-Charge or any
other outside representatives. Such a measurement shall be final and binding on the
Parties and shall not be questioned by the Contractor and no dispute can be raised by the
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Contractor on the same.
12.6 The Owner may enter upon and take possession of the works and all plant, tools, scaffoldings,
sheds, machinery, power operated tools and steel, cement and other materials of the
Contract at the site or around the site and use or employ the same for completion of the work
or employ any other contractor or other person or persons to complete the works. The
Contractor shall not in any way object or interrupt or do any act, matter or thing to
prevent or hinder such actions, other Contractor or other persons employed for
completing and finishing or using the materials and plant for the works. When the works
shall be completed or as soon thereafter the Engineer shall give a notice in writing to
the Contractor to remove surplus materials and plant, if any, and belonging to the
Contractor except as provided elsewhere in the Contract and should the Contractor fail to
do so within a period of 15 days after receipt thereof the Owner may sell the same by
public auction and shallgive credit to the contractor for the amount realised. The Owner
shall thereafter ascertain and certify in writing under his hand what (if anything) shall be
due or payable to or by the Owner for the value of the plant and materials so taken
possession and the expense or loss which the Owner shall have been put to in procuring
the works, to be so completed, and the amount if any, owing to the Contractor and the
amount which shall be so certified shall thereupon be paid by the Owner to the Contractor or
by the Contractor to the Owner, as the case may, and the Certificate of the Owner shall be
final and conclusive between the parties.
12.7 When the contract is terminated by the Owner for all or any of the reasons mentioned above
the Contractor shall not have any right to claim compensation on account ofsuch
termination.
(b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection of military or usurped power;
(c) ionising radiation or contamination, radio activity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or
other hazardous properties of any explosive assembly or nuclear component;
(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural
disaster, but excluding weather conditions regardless of severity; and
For the avoidance of doubt, inclement weather, third party breach, delay in supply of
materials (other than due to a nationwide transporters’ strike) or commercial hardship
shall not constitute a Force Majeure event.
Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to
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have become aware of the occurrence of an event of Force Majeure giving full particulars
of the event of Force Majeure and the reasons for the event of Force Majeure preventing
the Affected Party from, or delaying the Affected Party in performing its obligations under
the Contract.
If an event of Force Majeure occurs and its effect continues for a period of 180 (one
hundred eighty days) or more in a continuous period of 365 (three hundred sixty-five) days
after notice has been given under this clause, either Party may terminate the Contract by
issuing a written notice of 30 (thirty) days to the other Party.
The Contract Price attributable to the Works performed as at the date of the
commencement of the relevant event of Force Majeure.
a) any costs, losses, expenses, damages or the payment of any part of the Contract Price
during an event of Force Majeure; and
b) any delay costs in any way incurred by the Contractor due to an event of Force
Majeure.
Time extension for such cases will be worked out appropriately.
i) The parties shall attempt to resolve all dispute and difference arising
out of or relating to this contract through negotiations in good faith. If
any dispute or difference remains unresolved, then all such unresolved
disputes or differences shall be referred to the Executive Director/SBU
Head of HPLNG of the concerned department and the Director/ Owner /
authorized Senior Official of the contractor/supplier for an amicable
solution.
ii) If any dispute or difference remains unsettled within sixty (60) days
from the date on which either Party has served a written notice on the
other Party making claims and for discussions, then the provisions of
Part B (i.e. Conciliation) of this Clause shall apply.
(B) CONCILIATION
(i) All disputes and differences covered under the Conciliation Rules,
2019 arising out of or relating to this contract including its
performance or interpretation, shall be fully and finally settled
through Conciliation as per the Conciliation Rules, 2019 of HPLNG,
as amended from time to time.
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(ii) The Conciliation Rules, 2019 of HPLNG and any modification
thereof shall be binding upon the Parties
(vi) The Courts having jurisdiction over the place where the contract
was performed, except for enforcement of decree/judgment, shall
be the court having jurisdiction to adjudicate the disputes between
the parties.
15. GENERAL
15.1. Materials required for the works whether brought by the or supplied by the Owner shall
be stored by the contractor only at places approved by Engineer-in- Charge/Site-in-
Charge. Storage and safe custody of the material shall be the responsibility of the
Contractor.
15.2. Owner and/or Engineer-in-Charge/Site-in-Charge connected with the contract, shall
be entitled at any time to inspect and examine any materials intended to be used in or
on the works, either on the site or at factory or workshop or at other place(s)
manufactured or at any places where these are laying or from which these are being
obtained and the contractor shall give facilities as may be required for such inspection and
examination.
15.3. In case of any class of work for which there is no such specification supplied by the owner
as is mentioned in the tender documents, such work shall be carried out in accordance
with Indian Standard Specifications and if the Indian Standard Specifications do not cover
the same the work should be carried out as per standard Engineering practice subject to
the approval of the Engineer-in-Charge/Site-in- Charge.
15.4. Should the work be suspended by reason of rain, strike, lockouts or other cause the
contractor shall take all precautions necessary for the protection of the work and at
his own expense shall make good any damages arising from any of these causes.
15.5. The contractor shall cover up and protect from injury from any cause all new work also
for supplying all temporary doors, protection to windows and any other requisite
protection for the whole of the works executed whether by himself or special
tradesmen or sub- contractors and any damage caused must be made good by the
contractors at his own expense.
15.6. If the contractor has quoted the items under the deemed exports, then it will be the
responsibility of the contractor to get all the benefits under deemed exports from the
Government. The Owner’s responsibility shall only be limited to the issuance of required
certificates. The quotation will be unconditional and phrases like “subject to availability of
deemed exports benefit” etc. will not find place in it.
16. Integrity Pact : Effective 1st September, 2007, all tenders and contracts shall comply with the
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requirements of the Integrity Pact (IP) if the value of such tenders or contracts is r 1crore &
above. Failure to sign the Integrity Pact shall lead to outright rejection of bid.
17. Grievances of parties participating or intend to participate in the tender shall be addressed
in writing to the officer designate of the Grievance Redressal Cell where the tenders have
to be submitted within the stipulated period. Detailed mechanism of Grievance Redressal
is available on the HPLNG website.
18. The guidelines for Holiday Listing as adopted and available on HPLNG website shall be
applicable to all tenders floated and all Purchase Orders/Contracts placed by HPLNG.
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SECTION III – Scope, STC & STC wrto. Labour Law compliance
1. Introduction
HPCL LNG Limited (HPLNG) is a wholly owned subsidiary of Hindustan Petroleum Corporation
Limited (HPCL), a Maharatna Public Sector Undertaking. The company is constructing Chhara
LNG Terminal at Chhara Port, Gujarat and will also operate the terminal. Chhara LNG Terminal
having Jetty Facility, Storage Tank Facility and Regasification Facility.
This tender document is for outsourced manpower services (Non-Technical) at Chhara LNG
Terminal & Mumbai Head office for a period of ONE YEAR (extendable by one more year).
The Contractor has to provide trained Manpower as per the scope of job to be carried out as
mentioned in this document. The scope of job/activities required under the services shall include
but not limited to the jobs as mentioned under Clause 4.0 of this document and the jobs allocated
by the Engineer in Charge (EIC) from time to time.
3.3. IT - Officer
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
• Video Conferencing
• Computer/ PC/Printer & its accessories connections
• Security System
• Networking
• Access Control System
• CCTV systems.
• Green Belt
• Horticulture
• Laboratory Equipments
• Glassware and Reagents
• Sampling System
4. Scope of Works
• Ensure that materials are available for operational needs. Maintain optimum level of
inventory.
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
4.3. IT - Officer
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
• Transport plants, fertile soil, fertilizers, water and other materials as needed.
• Maintaining plantation through walkway of non-plant buildings and open area.
• Plant fertilization and watering.
• General garden maintenance.
• Care for growing plants by watering, pruning, weeding, cultivating, and removing dead
or damaged leaf tissue.
• Spread top soil and lay sod.
• Tree, shrub, and plant examination and treatment.
• Use and operate tools and equipment used in horticulture.
• Maintain the plants through planting, trimming and fertilizing them for proper
maintenance.
• Wear appropriate personal protective equipment at all times.
• Responsible for plantation whenever required e.g. during VIP/ VVIP visit. Arrangement
of plants/ equipments/ watering etc during VIP/ VVIP visit.
• Day to day trimming of plants/ grasses, watering etc.
• Ensure housekeeping of horticulture area.
• Ensure greenbelt development inside the LNG Terminal.
• Responsible for disposal of Tree/ Plant/ Grass waste outside the LNG Terminal premises.
• Check soil quality and selection of trees accordingly.
• Responsible for maintenance of vertical garden.
• Any other works as instructed by HOD/In charge.
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
• Managing and conducting sampling and laboratory analyses for process systems such as
the following:
o LNG analysis by sampling during unloading.
o R-LNG analysis
o Glycol water analysis
o Condensate water analysis
o EDG/ SCV/ WHRU Exhaust Gas analysis
o Drinking water analysis
o STP plant.
• Performs maintenance, calibration, verification, and repeatability tests for the laboratory
equipment.
• Develops laboratory testing methods and procedures in accordance with the Operations
Management System.
• Maintains organized and accurate data documentation for laboratory tests in the logbook
and the electronic Laboratory Information Management System.
• Responsible for collection of samples in coordination with Process operator.
• Responsible for maintaining the cleanliness and hygiene inside the Laboratory Building.
• Responsible to maintain adequate stock of Laboratory Glassware and Reagents.
• Ensure healthiness of Glassware, Reagents and other laboratory equipments. Highlight
the requirements for procurements. Closely works with Contract & procurement
department to procure the materials once expired/ damaged.
• Responsible to operate the Gas Chromatographs and other Laboratory equipments as and
when required.
• Evaluate laboratory data and suggest treatment changes. Present data analysis in
graphical and tabular forms.
• Maintain and update thorough and detailed laboratory procedures records and results.
Ensure conformance with government regulations and policies.
• Collection of LNG sample bomb and store in proper place. Re-conciliation of LNG
analysis of load port and unloading port in presence of custom and/ or supplier.
• Co-ordination with third party laboratory for Lab-instruments certification.
• Licensing with all local hospitals and fire stations.
• Coordinate with HSE/OHC/Fire department as and when needed.
• Required to work in rotational shifts.
• Any other works as instructed by HOD/In charge.
4.6. Drivers
• Responsible to drive the Fire Tenders/ Ambulance/ Fire Jeep/ Fork Lift/ Battery Operated
3 Wheelers/ Mobile Cranes/ Lifting Equipment.
• Follow the prescribed routes for driving the vehicles.
• Load and unload the vehicle as needed.
• Inspect, operate and maintain the vehicle and its cleanliness.
• Maintain a log of vehicle movement and related information in logbook and get it
approved from respective department.
• Ensure that the speed of Vehicles should not exceed beyond Km/ hr in normal conditions.
However, during emergency cases drivers (for Ambulance/ Fire Tender/ Fire Jeep only)
should drive the vehicle based on available traffic conditions.
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
4.10 Helper
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
5.1. All the consumables including lubricants, bearings, PVC-Adhesive & non adhesive
insulation tapes, cotton waste, cotton tags, clean cloth & duster, cleaning brush, wire brush,
Emery papers etc. shall be provided by HPLNG. Laboratory equipments, glassware and
reagent shall be provided by HPLNG. Fire Fighting Equipments, Hoses, Hydrants, Fire
Tenders and Fire Extinguishers shall be provided by HPLNG.
5.2. Special equipments e.g. lifting equipments, thermal imaging camera etc. shall be provided
by HPLNG.
5.3. Horticulture equipments shall be provided by Contractor e.g. chopping knife, pruning
secateurs, Chain Saw, Hedge Shear, lopping shear, grass shear, garden sword, flower
scissors, lawn mower etc.
5.4. General medicine, Ambulance equipped with life SOT equipment e.g. stretcher and
Oxygen facility etc shall be provided by HPLNG.
5.5. For the post of Document controller and Finance executive at Mumbai Head office (HO)
the necessary technical infrastructure such as Desktop system, printer and stationeries etc.
will be arranged by HPLNG.
6. HPLNG Scope
6.3. Power & Water shall be provided free of cost and distribution of the same shall be in
contractor scope.
8. Sub-letting of Contract
No part of this contract nor any share or interest therein in any manner or extent, will be transferred
or assigned or sub-let, directly or indirectly to any person / firm or Organization without prior
permission of HPLNG.
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
9. Contract Duration
The contract shall be valid for a period of 01 (ONE) year form the date of deployment/
commencement of services basis confirmed Work Order/ Purchase order / LOI from HPLNG
whichever is earlier. However, the contract can be extended with same rates, terms & conditions
with sole discretion of HPLNG for another 01 (ONE) year after satisfactory performance of the
Contractor.
Bidder should deploy a supervisor to ensure proper placement of his employees round the clock
basis (Only at Chhara site) or as per instructions of EIC and compliances of safety norms and
statutory requirements for his deployed services.
Monthly running account bills are to be submitted in respect of different category of services
separately by the contractor for certification by Engineer In charge. The bills are to be duly
certified by Engineer In charge or a person authorized by him.
The final bill shall be submitted by the contractor within a month from the date of completion of
the contract and payment of final bill shall be made to the contractor within 45 days of submission
of correct Invoice. The wages as specified in this tender shall be paid to all workman and the same
shall be paid through bank and the proof of the bank statement shall be produced against each
running bill.
Final bill along with No claim & No demand certificate shall be submitted within 30 days of
completion of contract period. In case of any damage to HPLNG property occurs during the
execution of work due to contractor or of his employees, deduction will be made from the total
claims according to the total evaluated cost of the damaged article. The evaluation of the damage
will be done at the sole discretion of HPLNG as decided by the ENGINEER-IN-CHARGE.
No payment of the bills shall be made if the jobs are not certified by the EIC from time to time.
a. Mode of measurement shall be on Man Day basis. No extra man days shall be
considered/ certified against weekly off or, any public Holidays (as per HPCL LNG
LIMITED holiday calendar).
c. Rates shall be for 8 hours of work duty (excluding 30 minutes lunch time).
12.1. Contractor to ensure that the bid shall be in-line with Centre Government guidelines.
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
12.3. All the tools & tackles used by the contractor shall be duly tested & certified/ calibrated
by authorized agency.
12.4. Contractor is responsible for Insurance of his/ her manpower, workmen, equipment &
tools & tackles.
12.5. Contractor shall engage only such workers, whose antecedents have been thoroughly
verified, including character and police verification and other formalities. The Contractor
shall be fully responsible for the conduct of his staff.
12.6. Persons to be deployed by the Contractor should be properly trained, have requisite
experience and skills for carrying out a designated work using appropriate materials and
tools/ equipments.
12.7. The Contractor must ensure all the statutory compliance as per Central Government for
the workmen deployed at the Terminal.
12.8. Workmen should be deployed on all days including holidays declared by HPLNG Chhara
and Sundays, suitable payment will be made for working on holidays as per contract
terms. The same will be discussed and informed time to time to the contractor during the
contract period.
12.9. All the employees deputed by the contractor will have to undergo a mandatory safety
training program conducted by a competent agency/ personal engaged by HPLNG and is
required to clear the assessment conducted on completion of training program. Those
who are not clearing the competency and safety assessment will be disqualified and shall
not be permitted to be deployed for job.
12.10. Contractor shall provide copies of qualification certificates of the workman along with
copy to HPLNG EIC. Prior approval and confirmation of HPLNG EIC is required before
the deputation of any personnel. LNG Terminal is a continuous process industry so the
contractor shall depute the manpower on all working days including all Sundays &
holidays as specified by HPLNG management from time to time. Working hours for
General shift personal is 08.30 AM to 05.00 PM for Monday to Saturday. Sunday shall
be weekly OFF-day; however, group shall be deployed on need basis any day any shift.
Mumbai HO is corporate office and working will be 5-days a week however, in case of
exigencies services may be required on Saturdays also.
12.11. Normally Contractor has to provide services for jobs listed above on 8 hours (excluding
lunch hour) a day basis for each employed person. However, if it is required, contract
workmen employed by the contractor has to stay beyond normal working hours, in case
ongoing inevitable works continues. Extra working hours to the contract workmen
employed for above jobs will be allowed strictly on need basis following statutory rules
if any. Engineer-in-charge decision will be final to allow any contract workmen for extra
working hours.
12.12. There will be four (4) shifts (General, A, B, C) for continuous operation of the LNG
Terminal. It is the responsibility of the supervisor to maintain all the data in record
register in each shift. Shift technician/ operator/workman will hand over the charge to be
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
reliever in each shift. After handover the technicians/ operator/workman will exit the
LNG Terminal. Tentative operation time of the shifts are as under:
Document controller and Finance executive will be posted at Mumbai Head office
of HPLNG and will have to report in General shift timings of HO i.e., 9:30 AM to
6:00 PM (Including 30 Minutes for Lunch).
12.13. The deployment strategy is bound to change as per the requirement of HPLNG and the
contractor shall redeploy the manpower as per the directions of HPLNG engineer in
charge.
13.1. Canteen (Breakfast/ Lunch/ Snacks/ Dinner) facility will be available inside the LNG
Terminal/Head office. However, all canteen facility will be chargeable in-line with
agreement between HPLNG and Canteen/ Mess.
13.2. The contractor shall maintain all the statutory registers, records as required under
provision of applicable labor laws and keep the same available at the work site for
inspection by HPLNG’s representatives, and statutory authorities. Contractor shall
ensure appropriate coverages while providing leaves to employees.
13.3. For safe keeping of documents, tools, office stationaries etc. will be provided by
HPLNG. Electrical power will be provided free of cost near the work place.
13.4. The contractor shall note that they shall have to carry out their work in close & smooth
coordination with other contractors/agencies working in the same premises.
13.5. The contractor should comply with all applicable laws including labour laws,
regulations, ordinances etc of the state/ province pertaining to the work.
13.6. Workmen deployed by the Contractor shall undergo periodical medical examination
either through outside medical practitioner approved by Company’s OHC
(Occupational health Centre) or at Company's OHC and the proof of the same shall be
submitted to appropriate authority of HPLNG.
13.7. Medical clearance / approval will be required to be taken from HPLNG's Head-OHC
on the basis of medical certificate given by the medical practitioner. All gate passes
shall be renewed only after the clearance is given by Head-OHC. This medical check-
up will be required at the commencement of Work under this Work Order and every six
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Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
months thereafter for those who are working in LNG Terminal. All cost of medical
fitness test including consultation fee will be borne by the Contractor.
13.8. Execution of job includes execution of all preceding and connected jobs.
13.9. The contractor’s workman shall work as per instructions & priorities given by Engineer-
in-Charge, which will be carried out as per the schedule given by EIC.
13.10. The contractor to provide required manpower as per list with respective qualification
and experience.
13.11. The Contractor shall ensure that all his workforce shall be trained, efficient and
conversant with the nature of Work to be performed by them. Contractor shall provide
adequate skill enhancement training to his employees/ Workmen.
13.12. If the quality of job carried out by Contractor’s workman is not to the satisfaction of
the Engineer in charge, whose decision will be final and binding on the contractor, the
same job will be got done by employing any other contractor and the charges paid to
other agency plus 10% will be recovered from the contractor's bill.
13.13. HPLNG reserves the right to off load part or total quantum of the job depending upon
the exigencies.
13.14. Log book for day-to-day Operation & Maintenance, Duty roster, attendance register to
this effect shall be maintained by the contractor which will be submitted and checked
Engineer in charge on daily/ weekly basis. All registers/ log books & note book will be
supplied by the agency.
13.15. The tenderer has to do the all concerned works directed by the engineer in charge.
13.16. Any damage, repair or loss due to failure to carry out prescheduled maintenance work
shall be to the risk and cost of the agency.
13.17. The contractor on expiry of contract shall handover and returns all equipments and other
items made available by HPLNG in same operational condition after the contractual
period.
13.18. In the event of contractor showing lack of attendance to the work, negligence or unfair
performance in the opinion of HPLNG, then the contract may be terminated at any stage
without prejudice to the right by action under any other relevant clause of the contract.
13.19. The contractor shall follow all safety norms & security rules framed by Govt. norms &
HPLNG from time to time regarding removal of materials from site, issue of identity
cards, control of entry of persons and other similar matters.
13.20. The contractors’ personnel shall not disclose any information or drawings furnished to
him by HPLNG. Any drawings, records and other information prepared by the
contractor or by HPLNG or jointly by both for the execution of the work shall not be
disclosed without the prior approval of the HPLNG. No photograph of the institute or
in and around places within the premises of HPLNG shall be taken.
Page 11 of 15
Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
13.21. The contractor’s workman shall keep his work spot and surroundings neat, clean and
tidy. It should be free from dust, rubbish, scrap, surplus materials and unwanted tools
and equipments. The Engineer in charge or his authorized representative has the right
to stop the work, if the contractor fails to improve upon the work after having been
notified.
13.22. Engineering in charge will have the right to withdraw the work permit for any of the
workmen for reasons of misconduct, incompetence in work, violation of safety and fire
rules, negligence on duty etc.
13.23. Cost of damages caused due to bad workmanship shall be recovered from the
contractor.
13.24. Any other work covered under respective terms and conditions, if required or insisted
by any regulatory body including tests and calibrations, etc., shall be undertaken by the
agency.
13.26. The contractor shall make his own arrangements for any outside/ inside
communication. Normal mobile phones are not permitted within LNG Terminal
premises. Walkie Talkie may be provided by HPLNG
14. General
14.1. Contractor to ensure that the bid shall be in-line with Centre Government guidelines.
14.2. The Contractor is required to carry out all services as mentioned in the Scope of services
and Schedule of Rates on all the 365 days including Sunday and all holiday and around
the clock.
14.3. The Contractor shall deploy required number of support services as per scope of work in
terms of the contract. In case required to meet operational requirements, the Contractor
shall augment the same as per direction of Engineer-in-Charge.
14.4. The Contractor shall allow weekly rest and daily working hours to his workmen as per
the relevant Act / Law / and Rule made there under. However, no work shall be left
incomplete / unattended on any holiday / weekly rest.
14.5. Contractor shall provide Authorized representative to co-ordinate the services on daily
basis and to interact with Engineer-in-Charge and deployed workmen.
14.6. Regarding work completion, the decision of the Engineer-in-Charge will be final and
binding.
Page 12 of 15
Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
14.7. All personnel of the Contractor entering on work premises shall be properly and neatly
dressed and shall wear uniform, ID cards, badges while working on premises of the
company including work sites.
14.8. Contractor shall maintain proper record of his working employee's attendance and
payment made to them.
14.9. The services shall be provided in terms of shift pattern on the round the clock basis. The
Contractor is responsible to provide effective and efficient services in all shifts and assure
that there is no disruption in the services for want of any resources.
14.10. Contractor shall deploy manpower as per instructions of EIC as and when required.
Deployment of Manpower shall be purely on the need basis in the period of the contract.
The Bidder is advised to visit and examine the Chhara site and its surroundings and
obtain for itself on its own responsibility all information that may be necessary for
preparing the Bid and entering into a Contract for the required job. The costs of visiting
the site shall be borne by the Bidder.
Experience
SN Designation Qualification Experience
(Years)
Experience in operation &
maintenance of fire-fighting
Full Time Diploma in equipments of Oil & Gas/ HC sector
Operator (Fire) Minimum 3
1 Fire Sub-Officer and handling of emergency
- Skilled years
Course situation. Experience in Driving of
Fire Tenders & Emergency vehicles
with valid License is desired.
Technician – Full Time BSc Experience in developing/
Minimum 2
2 Horticulture – Horticulture / maintenance of Green Belt inside
years
Skilled agriculture. any Industrial establishment.
Page 13 of 15
Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
Page 14 of 15
Scope of the Job / Technical Terms & Conditions – OUTSOURCED MANPOWER NON-TECH
Page 15 of 15
Special Terms and Conditions
1. Bidders are advised to understand the Scope of the Job / Technical Terms & Conditions,
Special Terms & Conditions, STC- Labour law compliance etc. and direct their queries, if
any, regarding the same via GeM Portal only.
The contract shall be valid for a period of 01 (ONE) year form the date of deployment/
commencement of services basis confirmed Purchase order / LOI from HPLNG whichever is
issued earlier. However, the contract can be extended with same rates, terms & conditions with
sole discretion of HPLNG for another 01 (ONE) year after satisfactory performance of the
Contractor.
Note:
➢ Contractor should be capable of commencing the work within 15 (fifteen) days from
the date of intimation to start/ deploy manpower or as instructed by HPLNG.
➢ The rates quoted by the vendor shall remain valid for a period of two years from the
date of LOI /PO/written advice.
➢ The Contractor has to provide their confirmation initially to extend the contract for
further one more year based on their performance. The quantities are indicative and
approximate and same may vary as per requirement of HPLNG during tendering, at the
time of placement of PO or after placement of PO. Also, the above services in full or in
part may be sought in phased manner at discretion of HPLNG even after placement of
PO. Payment shall be made for actual certified quantities for a particular month.
➢ Once LOI/PO is issued, successful vendor has to compulsory visit the site within 07
days at own cost to attend Kick of Meeting with HPLNG staffs. Technical &
Operational manager shall mandatorily attend the meeting.
3. The scope of jobs/activities required under the services shall include but not limited to the
jobs as mentioned under the "Scope of Job" of the Tender. In addition to the details
contained in the “Scope of Job”, additional works jobs may be assigned by HPLNG from
time to time.
a. The contractor shall quote his rates (Service Charges in % or as applicable in GeM
Portal) as per GeM Portal formula to cover up all his expenses, incidental expenses,
supervisor cost, PPE, WC policy, administration service cost, cost of site visit, Kick
of meeting visit and other transportation and travel expenditures for two years’ period
of contract and any other as given in this tender document or any statutory rules.
Purchase order will be placed for a period of 01 (ONE) year initially which can be
extended for one more year basis satisfactory performance of contractor. However,
decision of HPLNG will be final in this regard. The quantities given in the price
Page 1 of 7
Special Terms and Conditions
schedule item are for a period of 02 years. However, the contract shall be initially
valid for a period of 01 year.
c. Chhara site Region is currently not coming under ESI provision, the
contractor shall take insurance cover for all his workers, under workers
compensation act. The quoted rates shall be inclusive of all these
requirements.
d. The gross payment for Officer IT shall be Rs. 36,000 per Month and for, Document
Controller & Finance Executive shall be Rs. 30,000 per Month. The breakup of
salary is as below:
Document
Sr.
Item IT Officer Controller* /
No
Finance Executive*
1 Basic plus DA 26,000.00 23,200.00
2 Other Allowances 3,552.00 -
3 Travelling Allowance. 1,820.00 2,218.00
Provident Fund (Employer
Contribution @ 13% of
4 3,380.00 3,016.00
Basic Pay plus DA (as
applicable)
Leave with Wages (As per
shops & Establishment) %
5 of Basic Pay plus DA (4.8% 1,248.00 1,566.00
for Chhara Site and 6.75%
for Mumbai – HO)
**Total Cost to
36,000.00 30,000.00
Contractor in Rs.
Page 2 of 7
Special Terms and Conditions
Note:
i) The contractor shall quote his rates (Service Charges) taking into account cost of
supervisor, medical tests, Police verification, uniforms, PPEs, ID cards, Workmen
compensation policy for all , rain protective equipment, etc. as mentioned in clause no. 12
of Special Terms & Conditions.
ii) The contractor shall quote his rates taking into account his service charge, incidental
expenses, supervisor cost, administration service cost, and other transportation/travel
expenditures etc.
iii) The contractor shall quote his rates taking into account the Employers contribution
(Payable twice a year i.e. before 15th day of July and 15th day of January) to respective
State Labour Welfare Fund.
iv) Mumbai HO is corporate office and working will be 5-days a week however, in case of
exigencies services may be required on Saturdays also. Additional payment of one day
wages will be made in case of services on Saturdays.
v) HPLNG may issue separate PO. The total value of PO from HPLNG will be higher
than the contract value awarded on GeM, as the provisional lines are added in
HPLNG PO (For services on Holidays, Travelling allowance, Escalation on minimum
wages etc). Bidder to quote accordingly. Contractor Margin will not be applicable on
any reimbursement like Travelling allowance, differential payment for wage
escalation, Holiday working.
a. The above travelling allowance would not qualify for PF, ESIC, leave with
wages, bonus or any other statutory payments.
b. The contractor in ‘Wage Sheet’ of respective month should show the amount
disbursed towards ‘Travelling Allowance’ in separate column as ‘Travelling
Allowance’.
Page 3 of 7
Special Terms and Conditions
a. Extra duty after 8 hrs (excluding 30 minutes lunch time) and working on
holidays/Weekly-off must be approved by Engineer In charge in advance.
7. PENALTY CLAUSE:
i. During the contract period, if services or part thereof as stipulated are not
received in time, 10% of the monthly bill or the cost of the job carried out by
some other agency at the discretion of HPLNG & at the risk and cost of the
contract whichever is higher will be deducted from the monthly bill of
contractor.
ii. Contractor shall ensure compliance to all applicable statutory regulations and
PO terms. Failure to observe these regulations/terms will attract penalty
minimum to the tune of 30 % of monthly bills. Officer In-Charge will decide
higher penalty due to noncompliance.
iii. Contract labour is found at site without the requisite safety wear/PPEs/Id cards,
a penalty of Rs. 150/- will be levied for each such occurrence.
iv. In case the contractor fails to arrange the standby manpower/unauthorized
absent in any particular day, penalty of Rs. 300/- will be levied for each such
occurrence.
8. The contractor shall also be liable to pay, during entire contract period, any revision in the
minimum wages (after 03.04.2023) as notified by the Govt. Authorities / HPLNG from
time to time. HPLNG will reimburse only the differential amount resulting due to such
revision in the minimum wages based on the submission of proof of payment and no extra
payment shall be made to the contractor apart from the extra payment on account of
revision in minimum wages & its implications like PF, ESIC and applicable Bonus, as per
applicability . No other increase like contractors deemed service charges / profit margins
shall be reimbursed on account of minimum wages revision. Contractor’s claim on any
such increase in minimum wages shall be accompanied by the relevant statutory
circulars/HPLNG circulars. New statutory levies during contract period will also be
reimbursed by HPLNG.
9. EVALUATION CRITERIA:
10. HPLNG reserves the right to terminate the contract by serving one month’s notice, in
writing if the services of the contractor are not found satisfactory. The Contractor may also
Page 4 of 7
Special Terms and Conditions
ask for the same by giving one month’s notice but he has to provide the service till the next
agency is engaged.
11. The Contractor shall be responsible for all materials (tools, tackles & fittings) issued for
carrying out the job. All such material shall be returned to HPLNG after execution of
the job. In case of any loss / damage to the material issued, it shall be replaced by the
contractor. If contractor fails to do so, HPLNG shall recover the cost from his bills.
12. The contractor shall ensure that the contract workmen deployed by them are in excellent
physical fitness. The contractor shall carryout medical examination of all its contract
workmen once in six months at its responsibility & cost and submit the medical reports
from competent authority as per Factories Act to HPLNG.
13. The contractor shall provide to all contract workmen with uniforms, socks, shoes & rain
protective equipment and other PPE as under:
i) All the above listed items shall be of approved make & quality and approved by
HPLNG Engineer-In-Charge.
ii) In case of replacement of any contract workmen engaged during execution of the
contract, the contractor shall arrange for their medical examination, provide the necessary
police & antecedent verifications, provide the necessary uniforms, PPE, rain protection
equipment etc.
iii) The contractor shall submit the samples of uniform cloth and all PPE items to HPLNG
in the beginning of the contractual period and obtain the approval from HPLNG before
distribution of the same to the deployed manpower. The decision of HPLNG is final in
this regard.
14. The Contractor shall be fully responsible for timely compliance of all statutory
requirements in respect of their contract employees and HPLNG shall not be responsible
for the payment of any amount to his contract employees because of non- compliance of
statutory provisions applicable to them.
15. The Contractor has to comply with all the terms and conditions mentioned in the “Special
Terms Conditions with regard to Labour Law Compliance” document of the tender.
16. This contract is for providing services only. Either at no point of time the persons under
direct employment of the contractor or engaged for executing this contract be consider as
employee of HPLNG. The person deployed by the contractor will be employee of the
contractor only. They shall have no claim/ rights of employment of HPLNG.
17. The contractor should comply with all labour laws, minimum wages, and statutory
regulations, maintain records pertaining to PF, ESIC, Muster register, etc., and make them
available to HPLNG employee designated for verification. Chhara site Region is
currently not coming under ESI provision, the contractor shall take insurance cover
for all his workers, under workers compensation act. The quoted rates shall be
inclusive of all these requirements.
18. Before submitting the offer, contractor in his own interest shall visit Chhara LNG Terminal
for complete understanding of the scope of work.
19. HPLNG reserves the right to accept / reject the personnel deployed for the above service.
20. The contractor manpower reporting for the job should be replaced by the contractor only
in consultation/approval with and after acceptance from HPLNG.
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Special Terms and Conditions
21. The contractor will provide replacement of personnel in case of annual vacation, protracted
illness, absence, casual sick leave, etc., to ensure full staff compliment.
22. It is also to be indicated therein that on the question of interpretations of any terms and
conditions, the provisions in “Special terms and conditions” and “Special terms &
conditions with regard to labour law compliance” will supersede the corresponding
provisions in “General conditions of contract (GCC)”.
23. Documents if any asked in Tender documents shall be submitted mandatorily along with
Technical bid, failing which bid is liable for rejection. HPLNG may ask query in case
clarification is required for bid submitted and if no response is received within the time
allowed for Technical clarification or any extended duration as per Guidelines of GeM
Portal during technical evaluation, the bid submitted is liable for rejection.
24. Please note that queries related to scope, tender specifications, terms & conditions etc.
should be submitted online only through GeM portal. HPLNG may not entertain the
queries sent by post/ fax/ e-mail or through any other mode of communication.
25. If it is observed that the unit rates quoted by the bidder for any items are unusually high or
unusually low or NIL unit rate, attaching/uploading of unfilled documents as such etc. it
will be sufficient cause for rejection of the tender unless HPLNG is convinced about the
reasonable of the unit rates on scrutiny of the analysis for such unit rate to be furnished by
the bidder on demand.
26. The vendors will have to quote rates for all line items. If a vendor does not quote for all
the items, the same shall not be entertained & rejected.
27. Following documents to be submitted along with other documents as mentioned in Tender
Document.
Please refer Checklist attached in this Tender document, all documents as requested shall
be submitted mandatorily failing which bid is liable for rejection.
28. Salary for Finance executive, Document controller, IT officer, is on fixed remuneration
per month and is all inclusive and the gross payment for Officer IT shall be Rs. 36,000 per
Month and for Document Controller & Finance Executive shall be Rs. 30,000 per Month.
No revision on account of Changes in minimum wages or any will be applicable unless
agreed by HPLNG. In case of specific requirement / job urgency, services will be
sometimes required on holidays / sundays and extended hours on week days also.
Page 7 of 7
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
A) MANPOWER
1
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
i) The Contractor shall provide at its own cost two sets of neat and
clean uniforms every year to his manpower deployed at HPLNG
premises and shall ensure that such uniforms and other items are
always worn by the manpower so deployed. Washing / Laundry
charges shall be borne by the Contractor.
k) The Contractor and its manpower shall observe and abide by all
fire, safety and security regulations of HPLNG. The Contractor will
ensure that his manpower do not remain in the premises beyond
normal working hours without specific approval of authorized
officer of HPLNG through the supervisor. If any manpower
deployed by the Contractor, is found to be unauthorizedly present
in HPLNG’s premises beyond normal working hours, Contractor
will be informed immediately and upon receipt of the intimation,
the Contractor shall provide suitable replacement of such
manpower.
B) STATUTORY COMPLIANCE
2
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
b) The Contractor shall maintain all books, registers, form & other
related documents which are prescribed under the applicable Acts/
labour laws & the Rules made thereunder. The Contractor shall
maintain the following records and keep the same up-to-date:
3
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
h) The contractor shall ensure that none of its workmen are required
to actually work for more than eight hours (exclusive of break) in a
day and in the event of workmen being deployed for more than 8
hours, they are paid overtime as per the provisions of Factories Act
/ Shops & Establishments Act or Payment of Wages Act or any law
for the time being in force. In any event, such overtime shall not
exceed the maximum prescribed under any law for the time being
in force. It is clarified that if the contractor fails to maintain the
minimum number of contract workmen as required under contract
awarded to him, due to absenteeism / leave etc. of any of his
4
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
k) The Contractor shall issue wage slips in FORM XIX, under Rule 78
of the Contract Labour (R&A) Central Rules, 1971 to each of his
Manpower.
5
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
Cost in Rs.
% of Cost in Rs.
Sr. No Item (For Document
Calculation (For IT officer)
Controller & FE)
1 Basic plus DA 25,000.00 20,000.00
2 HRA & Other Allowances 3,950.00 3,840.00
3 Travelling Allowance. 2,600.00 2,600.00
Provident Fund (Employer
Contribution @ 13% of
4 13% 3,250.00 2,600.00
Basic Pay plus DA (as
applicable)
**Leave with Wages (As
per shops & Establishment)
5 4.8% 1,200.00
@ 4.8% of Basic Pay plus 960.00
DA (as applicable)
Total Cost in Rs. 36,000.00 30,000.00
*The above is excluding contractor margin and GST.
6
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
7
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
w) The Contractor shall at his own expense cover all the workmen
engaged by him under “Pradhan Mantri Suraksha Bima Yojna”
and submit proof of the same to HPLNG.
C. Payments:
a) The Contractor shall submit his bills on the 5th day of every month
for the previous month.
8
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
A. DEPOSITS
9
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
iii) If the contract is terminated due to the reasons other than the
normal completion of the term, it shall be lawful for HPLNG at all
times to deduct from such security deposit the loss/damage
suffered by HPLNG and reimbursable to HPLNG by the Contractor.
In case, the amounts of loss / damage, so suffered by HPLNG, or
the amounts of statutory payments, which the Contractor was
required to make to the Statutory Authorities but has failed to make
such payments or the amounts of wages, which the Contractor was
required to make to his Manpower but failed to make such
payments, are in excess of Security Deposits, Contractor shall be
liable to make the payment of said differential amount between the
security Deposit and actual amount as mentioned. In case
Contractor fails to make the payment of said differential excess
amount, the same shall be recovered from the Contractor as per the
provisions of applicable laws for which the Contractor shall also be
responsible for additional cost to be incurred by HPLNG for doing
so.
B. TAXES
The Contractor shall be wholly responsible for payment of any and all
taxes including but not limited to GST, Cess, Duties under the existing or
future Laws, Acts, Rules, Orders, Notifications etc., issued by the Central
or State Governments or any local authority or body, in respect of or in
connection with the supplies referred herein the contract and that the
Corporation shall not be liable to pay such Taxes, Cess, Duties, etc.
whether existing or future. The Contractor shall also be liable to produce
the proof of registration details under GST etc. and proof of the payment
made under GST and other applicable taxes to respective authorities as
and when demanded by the Corporation.
D. TERMINATION:
10
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
iii) That any loss, theft or damage to the life and / or property of the
employee of the HPLNG and / or property of HPLNG shall be
compensated by the Contractor, if the cause of such loss, theft or
damage is on account of default, negligence and / or lapses of the
Manpower deployed by the Contractor. Further, Contractor shall
also be liable for any penal action for any act of theft by the
Manpower employed by him, including termination of the Contract.
E. NOTICES:
11
SPECIAL TERMS CONDITIONS WITH REGARD TO LABOUR LAW
COMPLIANCE
F. INDEMNIFICATION:
The Contractor shall at its own expense make good any loss or damage
suffered by HPLNG as a result of the acts of omission or commission,
negligently or otherwise of its Manpower while providing the said services
at any of the premises of HPLNG or otherwise.
The Contractor shall at all times indemnify and keep indemnified HPLNG
against any claim on account of disability / death of any of its personnel
caused while providing the service within / outside the site or other
premises of HPLNG which may be made under the Employees’
Compensation Act, 1923 or any other Acts or any other statutory
modifications thereof or otherwise for or in respect of any claim for
damage or compensation payable in consequence of any accident or injury
sustained by any Manpower of the Contractor or in respect of any claim,
damage or compensation under labour laws or any other laws time being
in force or rules made thereunder by any person whether in the
employment of the Contractor or not, who provided or provides the
services at the site or any other premises of HPLNG as provided
hereinbefore.
H. Courts in the city of Mumbai alone shall have Jurisdiction to entertain any
application or other proceedings in respect of anything arising under this
tender either before or after or during the finalization of the tender.
12
SECTION IV – Price Bid