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PETRONET MHB LIMITED.

BANGALORE

PETRONET MHB LIMITED.


Corporate Miller, 2nd Floor, Block B, 332/1,
Thimmaiah Road, Vasanth Nagar,
Bangalore 560052
Phone No.: +91 080 22262317 / 22262316

Integration and commissioning of Video Analytics software at main


stations and SV stations at PMHBL Mangalore and Neriya
jurisdiction.

Tender Download Start Date As per GeM bid

Tender Download End Date & Time As per GeM bid

Prebid Meeting As per GeM bid

Bid Closing date & Time As per GeM bid

Unpriced Bid Opening date & Time As per GeM bid

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PETRONET MHB LIMITED. BANGALORE

INDEX
Sl No. DESCRIPTION Page
Nos.
1 NIT (Annexure –I) 3

2 Instruction to bidder (ITB) (Annexure -II) 4 – 17


Forms of bid submission (APPENDICES) (as applicable) (Annexure -
3 III) 18 – 30
4 Bid Security Declaration (EMD)(Annexure -IV) 31
Proforma of Proforma Bank Guarantee(PBG)(Annexure -V)
5 32 – 34
6 Bid Evaluation Criteria (BEC) (Annexure -VI) 35
7 Scope of Work and BOQ Specification (Annexure -VII) 36-40
8 Special Terms and Conditions (Annexure -VIII) 41-42
9 General Conditions of Contract (Annexure-X) 44-71

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PETRONET MHB LIMITED. BANGALORE

Annexure - I
NOTICE INVITING TENDER (NIT)
Petronet MHB Limited (PMHBL) invites Bids from eligible bidders in complete accordance with the
following details and Tender document.

The brief details of the tender are as below;

SL.
No. Description Details
1 Tender Number As per GeM bid
Integration and commissioning of Video Analytics
2 Brief Description of the Tender
software at main stations and SV stations at PMHBL
Mangalore and Neriya jurisdiction.
3 Tender Type GeM
4 Bid Type Two Bid
5 Mode GEM
Tender Document download
6 As per GeM bid
start date
7 Bid Closing date/Time As per GeM bid
Date/Time of Technical Bid Opening
8 As per GeM bid
9 Pre-bid Conference As per GeM bid Notification
Not Applicable as per GeM bid
10 EMD
Mr. Udaya Pai
11 Contact details – Technical
E-mail: udayapai@petronetmhbl.com
Queries
080 -22262317, Extn: 6504
Senior Manager-Procurement & Tech
Contact details – Tender related
Services: Mr. Prasanna Kumar R
Queries
E-mail : prasannakumar@petronetmhbl.com
12 Ph. No. : 080 -22262317, Extn: 6505

Contact details & Address for Site visit.

Contact Details Delivery Address(Work locations)


Mr. Rajan G - Station-in-Charge – PMHBL – Petronet MHB Limited, Mangalore Pumping Station,
Mangalore (Mobile:9845161098) Near HPCL POL Terminal, Bala Village,
via Katipalla, Mangalore 575030

Mr. Mahesh Hegde - Station In Charge-PMHBL- Petronet MHB Limited, Neriya Station
Neriya (Mob:9880833802) Village – Neriya, Tq - Belthangady,
Dakshina Kannada District Pin -- 574292

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PETRONET MHB LIMITED. BANGALORE

Annexure - II
INSTRUCTION TO BIDDER(S) (ITB)
1.0 GENERAL:
1.1 M/s Petronet MHB Limited is a joint venture of M/s. Hindustan Petroleum
Corporation Ltd. and M/s. Oil & Natural Gas Corporation Ltd. (Public Sector
Undertakings - Govt. of India), operating 362.36 Km Petroleum products cross
country pipeline from Mangalore to Bangalore via Hassan in Karnataka State along
the pipeline 4 main stations were existing viz. Mangalore, Neriya, Hassan and
Devangonthi (Bangalore).
1.2 The bidder is advised to read these instructions carefully and to ensure that his
response complies fully with the requirements of the tender. Failure to provide the
information and documents required by this Invitation to Bid may render the Bid to
be unacceptable. Tender should be submitted in the prescribed form supplied by the
company only.
1.3 The bidder shall download the complete set of tender document from the GeM
website as per the index of the tender, fully read, understand & compile the same as
per the various instructions contained herein and in “Instructions to Bidder”.
1.4 Every bidder must submit bid strictly in accordance with the conditions and
specifications prescribed by PMHBL. Special conditions (if any) submitted along
with the tender documents by the bidder will not be applicable to this Tender, in
case they are in conflict with any of our terms and conditions.
1.5 Bidders to note that Physical/ Hard Copy of the Tender Documents shall not be
issued from the office of Tender Inviting Authority. Any request in this regard shall
not be entertained under any circumstances.

2.0 COST OF BIDDING:


2.1 The Bidder shall bear all costs associated with the preparation and submission of its
bid and PMHBL will in no case be responsible or liable for those costs, regardless of
the conduct or outcome of the bidding process.

3.0 SITE VISIT :


3.1 Bidder is advised to visit and examine the site and its surrounding and shall
familiarize himself of the existing facilities and environment and shall collect all other
information which he may require for preparing and submitting the Tender and
entering into the contract. Claims and objections due to ignorance of existing
conditions or inadequacy of information will not be considered after submission of
the Bid and during the contract period / after contract period. All costs for and
associated with site visits shall be borne by the bidder.
3.2 The bidder and any of his personnel or authorised representatives will be granted
permission by the OWNER to enter upon its premises and lands for the purpose of

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PETRONET MHB LIMITED. BANGALORE

such inspection, but only upon the explicit condition that the bidder, its personnel or
authorised representative shall be understood to have released and indemnified the
OWNER and its personnel from and against all liability in respect thereof and will be
responsible for personal injury (whether fatal or otherwise), loss of or damage to
property and any other loss, damage, cost and expenses incurred as a result of such
visit.

4 TENDER INSTRUCTIONS:
4.1 The Tender document comprises of following sections-
• Notice Inviting Tender.
• Pre-Qualification Criteria/Bid Evaluation criteria.
• Instruction to Bidder.
• Special terms and General conditions of Contract.
• Formats of Credentials / EMD / Security Deposit, etc.
• PQC Compliance, Deviation statement, declaration, etc
• Scope of work / Special Conditions of Contract,
4.2 The Tender Documents shall always be & remain the exclusive property of the Owner
without any right with the Bidder to use them for any purpose except for submitting
the tender in accordance with the provisions of these instructions by the prospective
Bidders and for use by the successful Bidder with reference to the work. The Owner
shall have no obligation to return to the Bidder the Tender Documents submitted by
the Bidder.
4.3 The Tender shall be completely filled in all respects and shall be tendered together
with requisite information & annexure. The Bidder is expected to examine the
Tender Documents, including all instructions, specifications and drawings in the
tendering document. Failure to furnish all the information required by the tendering
documents or tender incomplete in particulars or submission of tender not
substantially responsive to the tendering document in every respect shall result in
rejection of the Tender.
4.4 It is hereby stipulated that the Tenderers shall not affect any corrections/
alterations/ modifications in the Tender Documents and various formats contained
therein. Any correction/ alteration/ modification in the Tender Documents by the
Bidder shall make their tender liable for rejection.
4.5 Originals of the documents related to the tender should be produced as and when
asked for verification, and failure to produce such Original document(s) at specified
date, time and place would mean rejection of tender for further evaluation.
4.6 When person signing the Tender / agreement is not the sole Proprietor of the
company the original Power of Attorney or a Notary certified copy thereof
authorizing such person to act and sign on behalf of the company must be enclosed.
4.7 Date format should be DD/MM/YYYY (Date/Month/Year).
4.8 Bidders should get clarified all the technical doubts and other points related to the
tender before submitting the priced and un-priced offer.

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PETRONET MHB LIMITED. BANGALORE

4.9 PMHBL reserves the right to accept or reject any or all tenders and at any stage of
the tender evaluation process at the company's sole discretion and without assigning
any reason thereof.
4.10 Any false/fake/incorrect information submitted by the bidder/contractor while
submitting the bid will be liable for rejection of bid, action like Forfeiture of EMD,
Cancellation of the Order, Forfeiture of Security deposit including Banning/Holiday
listing of the Bidder’s Company/ Contractor
4.11 Any false/fake/incorrect information surfaced out after award of job would lead to
action like Forfeiture of EMD, Cancellation of the Order, Forfeiture of Security
deposit including Banning/Holiday listing of the Bidder’s Company/ Contractor.
4.12 If the successful bidder, backs out during finalization of tender/after award of order,
action will be initiated by PMHBL as deemed fit.
4.13 The tender terms/ conditions as per SCC (Special conditions of the contract)
Supersedes all similar terms prescribed under GCC/ Other Conditions of Contract
(OCC).
4.14 PMHBLL reserves it right to seek the Originals if needs or inspect the documents at
its premises for verification and return. In case, it is found that the bidder has
attempted to mislead PMHBL on any counts, PMHBL many proceed with any action
that is deemed fit.
4.15 “The item supplied / service provided shall be Environment friendly and Energy efficient”.

5 CLARIFICATION REQUESTS BY BIDDER:


5.1 Although the details presented in this Tender document consisting of Conditions of
Contract, Scope of Work, Technical Specifications and Drawings have been compiled
with all reasonable care, it is the Bidder’s responsibility to ensure that the
information provided is adequate and clearly understood.
5.2 Bidder shall examine the Tender document thoroughly in all respect and if any
conflict, discrepancy, error or omission is observed, Bidder may request
clarification at any time up to one week prior to the tender closing date. Such
clarification requests shall be directed as per the contact details mentioned in the
NIT.
5.3 Any failure by Bidder to comply with the aforesaid requirement shall not excuse the
Bidder, after subsequent award of contract, from performing the work in
accordance with the agreement.

6 CORRIGENDUM/ ADDENDUM/ CLARIFICATION :


6.1 PMHBL may, for any reason whether at his own initiative or in response to the
clarification requested by the prospective bidder, issue amendment in the form of
addendum/corrigendum/clarification during the Tender period and subsequent to
receiving the Tenders. Any addendum / corrigendum / clarification thus issued shall
become part of Tender document.
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PETRONET MHB LIMITED. BANGALORE

6.2 For addendum/corrigendum/clarification issued during the Tender period, Bidder


shall consider the impact in his Tender. For addendum/corrigendum/clarification(s)
issued subsequent to receiving the Tenders, Bidder shall follow the instructions
issued along with addendum/corrigendum/clarification(s).
6.3 Such Addendum / Corrigendum/ Clarification(s) shall be uploaded on the GeM
Portal and it will not be published elsewhere. Prospective bidders should visit the
above GeM Portal/ from time to time to make note of
corrigendum/addendum/clarification if any. PMHBL is not responsible for non
receipt of any communication / information of
addendum/corrigendum/clarification.
6.4 All such Addendum / Corrigendum / Clarification(s) issued shall form part of the
Tender Documents.
6.5 It is incumbent on all the Bidders to view, download, understand and furnish
Addendum / Corrigendum / Clarification(s) along with his/its/their tender. Any
deviation/ clarification due to non- receipt of Addendum / Corrigendum /
Clarification(s) at later stage should not be entertained. Any bid without copy of
Addenda/ Corrigenda/ Clarification(s), if issued, as mark of its acceptance may not
be accepted.
7 CONFIDENTIALITY OF BIDDING DOCUMENT:
7.1 All information disclosed to the Tenderers by way of the Tender Documents shall be
considered confidential and any person/ Tenderer shall not part with possession of
the Tender Documents or copy or disclose information thereof to any party, except
as may be necessary for carrying out the work. It is being understood that the Tender
Documents have been downloaded by the eligible Tenderer solely for the purpose of
bidding. Where it is found that any Tenderer has violated and has disclosed sensitive
and vital information impugning on the security of the installation/ national
security, necessary action, as may be called for, may be taken against the Tenderer
concerned in addition to his being liable to be black listed and/ or barred from
participating in future bids.
8 LANGUAGE OF BID:
8.1 The Bid and all correspondence incidental to and concerning the Bid shall be in the
English Language. For supporting documents and printed literature submitted in
any other language, an equivalent English Translation shall also be submitted.
Responsibility for correctness in translation shall lie with the Bidder. In case of any
conflict, for the purpose of interpretation of the Bid, the English Translation shall
govern.
8.2 In the event of submission of any document / certificate by the Bidder in a language
other than English, the English translation of the same duly authenticated by
Chamber of Commerce of Bidder's country shall be submitted by the Bidder.

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PETRONET MHB LIMITED. BANGALORE

9 PREPARATION AND SUBMISSION OF BIDS:


9.1 The offer must be complete in all respects, leaving no scope for ambiguity. Bidder is
fully responsible for the bid submitted and no relief or consideration can be given
for errors and omissions.
9.2 Date & Time of submission: Bid must be submitted by the due date and time
mentioned in the notice Inviting Tender / Letter inviting Bid or any extension
thereof as duly notified in writing on GeM Portal.
9.3 Bidder shall submit the offer in two parts:
Part I - Techno-Commercial (un-priced) bid and
Part II - Priced bid.
9.4 Price bid & technical bids if submitted together shall be summarily rejected.

9.5 Part I - Techno-commercial bid (Unpriced Bid) shall be submitted with all
documents that are called for

- Proof of eligibility, if any, (documentary evidence for turnover, Work order


copies & Satisfactory Completion certificate, etc). Please refer to Pre-
Qualification Criteria/ Bid Evaluation Criteria as per Section B.
- EMD as applicable.
- Statement of Credential, Vendor details, MSME/Start-up details
- Declaration of Banning / Black listing / Holiday Listing
- Declaration regarding relation with any of the PMHBL Directors.
- Integrity pact if applicable.
- Deviation statements.

- Declaration as per the format of ‘Undertaking by Bidders’ (attached as


APPENDIX –IX) duly signed & stamped by the bidder to be submitted in
Company’s letter head as token of having read and understood all the tender
requirements and accept all terms and conditions of the tender including all
corrigendum / addendum / clarification issued, if any, in lieu of submission of
full tender document with signature and Stamp on each page. However, Signed
copy of Corrigendum / amendment / addendum / Clarification if any to be
submitted/upload along with the Technical Bid / attachment in EPS system.
- Un-priced ‘Priced bid’ copy indicating quoted items,
- Any other document(s) as applicable.

Note: Bidders are required to serially number all the pages being appended by them
as part of submission to the Technical bid. Such numbering shall include Covering

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PETRONET MHB LIMITED. BANGALORE

letter, Technical specifications, Items list being offered, Drawings, Bid qualification
proof, Testimonials, Certificates, Catalogues, Compliance or Deviation statements,
etc as applicable to this Tender and create an Index Page with headings and
corresponding page numbers. Declaration as per the format of ‘Undertaking by
Bidders’ duly signed & stamped by the bidder in token of having read and
understood all the tender requirements and accept all terms and conditions of the
tender including all corrigendum / addendum / clarification issued, if any.

9.6 Priced bid (Part II) shall be submitted in the same format as mentioned/Included
in the GeM Portal/ Tender document. Otherwise, offer will be liable for rejection.

9.7 No assumption, stipulation, deviations from terms and conditions or presumptions,


etc. shall be made by the bidder while submitting the offer in the Price Part of the
Tender. The liability of obtaining all necessary clarity with respect to the tender, its
technical aspects and pricing shall be on the vendor. PMHBL shall be under no
obligation whatsoever to entertain any tender bid which is based on any
assumption, stipulation, deviations from terms and conditions or presumptions, etc.
and would have the option to reject such bid at their discretion.
10 Deleted

11 Deleted

12 PRICE / SCHEDULE OF RATES (SOR) / BILL OF QUANTITIES :


12.1 Unless otherwise agreed to in the terms of the Purchase Order, the price shall be
firm and not subject to escalation for any reason whatsoever till the execution of
entire Purchase order/Contract, even though it might be necessary for the Purchase
order /Contract execution to take longer than the Completion period specified in the
Purchase order/Contract.
12.2 The SOR(BOQ) shall be read in conjunction with all other sections of Tender document.
12.3 The price quoted by the Bidder shall be firm and fixed for the completion period of
the tendered works, unless stated otherwise.
12.4 Rates / amount must be filled in ‘Schedule of Rates / price bid’ only. In any case,
Bidder shall be presumed to have quoted against the tendered description of work
and the same shall be binding on the Bidder.
12.5 Bidder shall quote for all the items of ‘Schedule of Rates / price bid’ after careful
analysis of cost involved for the performance of the completed item(s) considering
all parts of the Tender document. In case any activity though specifically not covered
in description of item under ‘Schedule of Rates / price bid’ but is required to
complete the work as per Scope of Work, Scope of Supply, Specifications, Standards,
Drawings, General Conditions of Contract, Special Condition of Contract or any other
part of Tender document, the item(s) quoted price will deemed to be inclusive of
cost incurred for such activity.

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PETRONET MHB LIMITED. BANGALORE

12.6 All item(s) of work in the Bill of Quantities shall be carried out as per the
specifications, and directions / instructions of the Engineer-in-charge and the rates
are inclusive of labour, supervision, as well as preparatory, incidental, intermediate
/ auxiliary / ancillary or enabling works.
12.7 The rate shall include all expenditure incurred towards mobilisation and de-
mobilisation. All prices shall be quoted in Indian Rupees unless otherwise
instructed.
12.8 Bidder shall be considered only if the bidder has quoted for all the items of the
‘Schedule of Rates / price bid’ unless stated otherwise. Tenders which are received
with some item(s) left blank / not quoted for all the items of the ‘Schedule of Rates
/ price bid’ shall be liable for rejection.
12.9 Prices quoted by the Bidders shall be strictly in the given price bid format. Prices
should not be clubbed with any of items in any way i.e. complete break up as
suggested to be given after each item for the materials and works covered under the
scope of contract, otherwise the bid may be considered as non-responsive.
12.10 Unless stated otherwise in the Tender Documents, the contract shall be for the
complete supplies, services and composite works as described in the relative scope
of supplies, services and composite works.
12.11 All Government circulars/ guidelines applicable on tender work would be enforced
from time to time and it would be binding on the part of the Bidder/Contractor to
abide by the same as per stipulations.
12.12 Price Bid shall not contain any conditions whatsoever. Any condition mentioned
therein, Price bid shall not be considered for evaluation.
12.13 Any incomplete bid in any of the above requirement shall be considered as
non-responsive and shall be summarily rejected without any reference
whatsoever to the Bidder.
12.14 Rates to be quoted in Figures & words:
The price quoted by the Bidder shall be checked for arithmetic correction, if any,
based on rate and amount filled by the Bidder in the standard SOR / Price Bid
format. If some discrepancies are found between the rate / amount given in words
and figures, the total amount shall be corrected as per the following procedure,
which shall be binding upon the Bidder:
12.14.1 Prices shall be written both in Words and Figures. In the event of discrepancy
between the price in figures and words, the amount entered in words would be
taken into consideration for evaluation and finalization of the order.
12.14.2 When the rate quoted by the Bidder in figures and words tallies but the amount is
incorrect, the rate quoted by the Bidder shall be taken as correct and amount
reworked.
12.14.3 When there is difference between the rate in figures and words, the rate which
corresponds to the amount worked out by the Bidder shall be taken as correct.

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PETRONET MHB LIMITED. BANGALORE

12.14.4 When it is not possible to ascertain the correct rate, in the manner prescribed above
the rate as quoted in words shall be adopted and amount reworked.
12.14.5 When Bidder has quoted only in figures and the amount written against the
particular item does not correspond to the rate written in figures, then the higher of
the rates i.e. rate worked out by dividing the amount with quantity and quoted rate
in figures shall be adopted for evaluation purposes and in the event such a Tender
is determined lowest Tender, then lower of the rates mentioned shall be considered
to award of the works.
12.14.6 When Bidder has quoted rates in figures and words but has not calculated the
amount and the total contract price, such Tenders shall be rejected forthwith
without consulting the Bidder.
12.15 Bidder shall bear, within the quoted rates, income tax liability of both corporate and
Personnel as applicable in respect of their personnel and their sub contractor’s
personnel, arising out of this contract. Bidder shall also bear, within the quoted
rates, the Corporate Tax, as applicable, on the income arising out of this contract.
12.16 The rates quoted by the bidder shall be inclusive of all duties, taxes and levies etc,
Central or State or Local bodies, etc. including GST.
12.17 The rates stated in the Schedule of Rates shall not be subject to escalation on any
account whatsoever.

13 BID CURRENCY:
13.1 Bidders should quote firm prices in Indian rupee only unless otherwise specified
else where in this tender. Prices quoted in any other currency shall not be
considered.
13.2 For Global tenders, Foreign Bidders may quote prices for materials and services to
be imported into India either in Indian Rupees or in Foreign Currency. For the
purpose of this clause and any other relevant provisions in these documents,
Foreign Currency (FC) shall mean and be limited to US DOLLARS, GREAT BRITAIN
POUND, EURO and JAPANESE YEN.
13.3 Bidders shall quote the price for materials and services to be procured from India
and for expenses to be incurred in India only in Indian Rupees.
13.4 For evaluation purposes, the bid price shall be converted to Indian Rupees by
converting the Foreign Currency into Indian Rupees at the RBI Exchange Rate
prevailing on the day of opening of the price bid.

14 EARNEST MONEY DEPOSIT (EMD):


14.1 EMD shall be submitted by way of Online payment through internet banking
(PMHBL Bank details are attached) or Demand Draft in favour of M/s Petronet MHB
limited, and payable at Bangalore. Bank Guarantee in place of demand draft shall
also be accepted as per format enclosed. BG shall be valid for 180 days from the
date of bid submission. Offer submitted without requisite / insufficient EMD
will be summarily rejected without assigning any reason.
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PETRONET MHB LIMITED. BANGALORE

14.2 Earnest Money Deposit (EMD) of value mentioned above should be sent in a
separate cover to the following address;
PETRONET MHB LTD.,
CORPORATE MILLER, 2ND FLOOR, BLOCK-B, 332/1,
THIMMAIAH ROAD, VASANTH NAGAR,
BANGALORE – 560 052.
Super scribing tender number and bid submission date on the envelope. It should
reach positively on or before the bid due date and time. Otherwise, the bid will be
liable for rejection.
.
15 PRE-BID MEETING:
15.1 Pre-bid meeting shall be held as per time & at the venue specified in the Tender
Invitation. In case pre-bid meeting information is not available in the Tender
Invitation & the Owner decides to have a pre-bid meeting to clarify any issues,
necessary intimation with adequate notice shall be posted on GeM
15.2 Bidders can submit their queries through the GeM/e-mail one day prior to the due
date of Pre-bid meeting. The queries shall be replied during the pre-bid meeting or
the Owner will respond through the GeM portal to any request for clarification
received by the deadline for submission of queries.
15.3 Brief summary of the queries received through GeM portal, queries raised by the
attending tenderers during pre-bid meeting and the clarifications given by the
Owner respect thereof, as well as any further information which the Owner choose
to furnish to the tenderers, shall be posted on GeM portal in the form of Minutes of
the Meeting or Addendum, which shall form a part of the Tender Documents, unless
otherwise specified.
15.4 The tenderer or their representatives with necessary authorisation letter can
be present during the Pre bid conference, if any.
15.5 If pre-bid meeting information is not available in the GeM notice then the same shall
not be held.

16 LATE BIDS:
16.1 Any bid received by PMHBL after the deadline for submission of the bids (including
any extension(s) hereof) will be declared “Late” and shall be rejected.
16.2 The “Late Bid” shall be returned unopened to the bidder in due course in case of Manual
Tenders.

17. ELIGIBILITY AND EXPERIENCE OF THE BIDDER

17.1(a) The bidder should have experience as indicated in Bid evaluation Criteria (BEC) Annexure-IV in
providing similar services. Bidder should have similar nature in the last 7 years and should
submit documentary evidence to this effect in the form of satisfactory completion of services
from reputed clients.

17.1(b) In case the bidder is an Indian company/ Indian Joint Venture Company, either the Indian

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PETRONET MHB LIMITED. BANGALORE

company/ Indian Joint Venture Company or its technical collaborator/ joint venture partner
should meet the criteria laid down at 17.1(a).

17.2 Details of experience and past performance of the bidder and the collaborator (in case of
collaboration) or of joint venture partner (in case of a joint venture), on works/ jobs done of
similar nature in the past and details of current work in hand and other contractual
commitments, indicating areas and clients are to be submitted along with the techno-
commercial bid, in support of the experience laid down at para 17.1(a) and (b) above.

18.0 BID OPENING:


18.1 UN-PRICED (TECHNO-COMMERCIAL) BID OPENING:
18.1.1 Techno-Commercial (Un-priced) Part (Part-I) will be opened on the scheduled date
and time as per GeM
18.1.2 For E-Tenders, Bidders can also witness bid opening by logging on to the E-
Tendering website through their system using their valid digital
signature/certificate.
18.1.3 The bidder or their representative with necessary authorization letter can be
present during the technical bid opening in case of Manual tender.
18.1.4 During the opening of Un-priced Part (Part-I), only the names of agencies who have
quoted and furnished EMD shall be made public.
18.1.5 Clarification of Bids: PMHBL, if necessary, will obtain clarifications on the bid by
requesting for such information / clarifications from any or all bidders, either in
writing or through personal contact. All responses shall be in writing, and no change
in the price or substance of the bid shall be permitted unless specifically sought by
PMHBL.

18.2 PRICE BID OPENING:


18.2.1 Price part of only those bidders, whose bids are considered techno-commercially
acceptable, shall be opened. Bidders selected for opening of their price bids shall be
informed about the date of price bid opening./as per GeM
18.2.2 The Price Bid opening shall be done of GeM/e-tender portal and Bidders can also
witness bid opening by logging on to the GeM/E-Tendering website through their
system using their valid digital signature/certificate.
18.2.3 In case of manual tenders, bidders may depute their authorised representative
during the price bid opening with necessary authorisation letter.
18.2.4 Any unsolicited reduction in price offered by a bidder within the bid validity by way
of discount or revised prices, subsequent to the bid due date, shall not be taken into
account for comparison. However, such reduction in price shall be taken into
account for ordering if such bidder happens to be recommended as per the
originally quoted prices.
18.2.5 In the event of any unsolicited price increase sought by any bidder, subsequent to
the bid due date, the bid of such a bidder shall be rejected, in case the bidder does
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PETRONET MHB LIMITED. BANGALORE

not agree to withdraw the price increase. However, in case the unsolicited price
increase is known only after price bid opening and the bidder’s comparative ranking
changes by withdrawal of the price increase, the Bidder shall not be allowed to
withdraw the price increase and the bid shall be rejected outright. But, if such a
bidder is lowest with or without the price increase, the order shall not be placed
with price increase and if the bidder does not agree, the enquiry shall be refloated.
18.2.6 Wherever, decision is taken to reject a bid, EMD, if submitted, by the Bidder, shall
also be forfeited and action as deemed fit.

19.0 BID EVALUATION AND AWARD CRITERIA:


19.1 The Owner reserves the right to consider/ evaluate only substantially responsive
tenders. A substantially responsive tender is one, which, in the opinion of the Owner
(which shall be final and binding on the Tenderer(s)), substantially conforms to all
the terms, conditions, specifications and requirements of the Tender Document
without material deviations or reservations in respect of any of the following:
- Scope, Quality or Performance of the work;
- The Owner’s rights or the Tenderer’s obligations under the contract as
per the tender documentation;
- Such deviations the correction of which would affect the competitive position
of other tenderers, who have submitted substantially responsive bids;
- Any tender unaccompanied by the Earnest Money in a form which is not
acceptable as per the Tender Documents, or falling short of the requirement
of the Tender Document, shall be liable for rejection.
- PMHBL reserves the right to use in-house information for assessment of
capability of bidder and their performance on jobs completed / in progress
for evaluation purpose.
- Directives issued by Govt. of India from time to time shall be given due
consideration during bid evaluation.
19.2 Expressions like "can offer if required/ will be submitted later/ will be taken
up during detailed engineering after order is placed/ noted etc." will be
construed as “TOTAL NON- COMPLIANCE” and the Bid shall be deemed “NON-
RESPONSIVE AND INCOMPLETE” and may be summarily REJECTED.
19.3 Prior to detailed evaluation of bids, the Owner will determine whether each bid is
substantially responsive to the requirement of bidding documents. If the bid is not
substantially responsive to the requirements of the Tender Documents, it will be
rejected by the Owner, and may not subsequently be made responsive by the Bidder
having corrected or withdrawn the non-conforming deviation or reservation.
19.4 The requirements of specifications shall be approximately studied for compliance
on each of the points. The Bidder may explain clearly his stand on the specifications
not complied with. However bids in compliance to each point would be deemed
“Responsive Bid”.

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PETRONET MHB LIMITED. BANGALORE

19.5 Bids which do not cover the complete scope of work will be treated as incomplete
and shall be rejected.
19.6 Bid stipulating completion period/delivery schedule beyond that specified may not be
considered.
19.7 Substantially responsive bids shall be evaluated by the Owner to ascertain the
relative position of the best evaluated bid in the interest of the Owner, for the total
of the complete supplies and services covered by the Tender Documents including
Technical Specifications and as set out in the Price Schedule.
19.8 The evaluation of bids shall be done on the basis of total prices quoted for the
complete scope of work and Supply, Services, Composite Works and conditions
elsewhere as specified in the tender.
19.9 Bids shall be evaluated on the basis of landed cost at site including site work, if
any, including all duties, taxes, TPI, Transportation charges excluding cenvatable
GST.

20.0 REBATE:
20.1 No suo-moto reduction in price(s) by bidders is permissible after opening of the
bid. If any Bidder unilaterally reduces the price(s) quoted by him in his bid after
opening of bids, such reduction shall not be considered for comparison of prices
but shall be binding on the Bidder if he happens to be selected for award of work.

21.0 NOTIFICATION OF AWARD:


21.1 The lowest evaluated bid shall be accepted by owner for award. The Bidder, whose
bid is accepted, selected for award of contract by Owner shall be issued
Order/Letter/Fax of Acceptance(LOA/FOA) prior to expiry of bid validity. Bidder
shall acknowledge the receipt.
21.2 PMHBL shall not be obliged to furnish any information / clarification / explanation
to the unsuccessful Bidders as regards non-acceptance of their bids. Except for
refund of EMD to unsuccessful Bidders, PMHBL shall correspond only with the
successful bidder.

22.0 UNSOLICITED POST TENDER MODIFICATIONS:


22.1 Bidders are advised to quote as per terms and conditions of the Bidding Document
and not to stipulate deviations/ exceptions. Once quoted, the Bidder shall not
make any subsequent price changes, whether resulting or arising out of any
technical/ commercial clarifications and details sought on any deviations,
exceptions or stipulations mentioned in the bid unless any amendment to Bidding
Document is issued by PMHBL/Owner. Similarly, no revision in quoted price shall
be allowed should the deviations stipulated by him are not accepted by
PMHBL/OWNER and are required to be withdrawn by him in favour of stipulation
of the Bidding Document. Any unsolicited proposed price change is likely to render
the bid liable for rejection.

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PETRONET MHB LIMITED. BANGALORE

23.0 CONTACTING PMHBL:


23.1 No bidder shall contact the OWNER on any matter relating to its bid from the time
of bid opening till the time Contract is awarded, unless requested to do in writing.
Any effort by a bidder to influence the OWNER in the Owner’s decisions in respect of
bid evaluation or Contract award will result in the rejection of that bidder’s bid and
action as deemed fit shall be initiated against the bidder.
24.0 CANVASSING:
24.1 Canvassing in connection with tenders is strictly prohibited and the Tenders
submitted by the Tenderers who resort to canvassing shall be liable to rejection.
24.2 Subject to the provisions concerning clarification of Bids, no Bidder shall contact the
Owner on any matter relating to its bid from the time of the bid opening up to the
time that the contract is awarded.
24.3 Any effort by the Bidder or Bidder’s representative however described to influence
the Owner in any way concerning scrutiny, consideration, evaluation of the Bid(s)
or decision concerning award of contract shall entail rejection of Bid and action
against the bidder as deemed fit.
24.4 The Owner will deal with the Bidder on a principal bases, without involvement in
any manner in India or abroad of any agent or consultant or associate or other
person howsoever described.

25.0 COLLUSIVE BIDS:


25.1 In case it appears to the owner, after examining the tenders received, that any 2
(two) or more tenders are collusive or otherwise manipulated to the disadvantage
of the owner and against the spirit of ethical competition, the owner reserves the
right to summarily reject such tenders. It shall not be incumbent on the owner to
prove any collusion or other malpractice in this regard.

26.0 MULTIPLE/ALTERNATIVE BID :


26.1 A bidder (i.e., the bidding entity) shall, on no account submit more than one bid
either directly (as a single bidder or as a member of consortium) or indirectly (as a
sub-contractor) failing which following actions shall be initiated:
26.1.1 All bids submitted by such bidder (say ‘A’) directly or indirectly, shall stand rejected
and EMD, if any, in case of direct bid submitted by bidder “A’ shall be forfeited.
26.1.2 If another bidder (say ‘B’) has proposed bidder ‘A’ as a sub-contractor then bidder
‘B”s bid shall also be rejected. However, in case the bidder ‘B’ has also proposed an
alternative sub-contractor who is other than the bidder ‘A’, then bidder ‘B”s bid shall
be evaluated with the proposed alternative sub- contractor only. Hence, every
bidder shall ensure in his own interest that his proposed sub-contractor is not
submitting alternative/multiple bids.

27.0 CARTEL FORMATION :

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PETRONET MHB LIMITED. BANGALORE

27.1 In case any Bidder is found to be involved in cartel formation, his bid will not be
considered for evaluation / placement of Order. Such bidder will also be banned
from bidding in future.

28.0 CORRUPT AND FRAUDULENT PRACTICES:


28.1 Bidders are required to furnish the complete and correct information/ documents
required for evaluation of their bids. If the information/ documents forming basis of
evaluation is found to be false/fake/ forged, the same shall be considered adequate
ground for rejection of the bids and forfeiture of earnest money deposit.
28.2 OWNER requires that the CONTRACTOR observes the highest standard of ethics
during the execution of Contract. In pursuance of this policy, OWNER defines, for the
purposes of this provision, the terms set forth below as follows:
a. “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything
of value to influence the action of public official in contract execution; and
b. “Fraudulent Practice” means a misrepresentation of facts in order to influence
the execution of a Contract to the detriment of OWNER, and includes collusive
practice among bidders (prior to or after bid submission) designed to establish
bid prices at artificial non-competitive levels and to deprive OWNER of the
benefits of free and open competition.
c. “False/Fake” means to make or construct falsely. “Faked alibi” is a made,
manufactured, or false alibi. Something that is not what is purports to be;
counterfeit, an imposter.
d. “Forgery” means the false making or the material altering of a document with
the intent to defraud. A signature of a person that is made without the person’s
consent and without the person otherwise authorizing it. A person is guilty of
forgery if, with the purpose to defraud or injure anyone or with knowledge that
he is facilitating a fraud or injury to be perpetrated by anyone, the actor;
i. alters any writing of another without his authority
ii. makes, completes, authenticates, executes, issues or transfers any writing, so
that it purports to be the act of another who did not authorize that act or to
have been executed at a time or place or in a numbered sequence other than
was in fact the case, or to, be a copy of an original when no such original
exists.
Utters any writing which he knows to be false in a manner specified in (i) & (ii)
above.
28.3 OWNER may terminate the Contract if it discovers subsequently that the Contractor
had engaged in Corrupt Practices or Fraudulent Practices in competing for the
Contract.
28.4 In case, the information/ document furnished by the Contractor forming basis of
evaluation of its Bid is found to be false / fake/ forged after the award of the
Contract, OWNER shall have the right to terminate the Contract and get the

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PETRONET MHB LIMITED. BANGALORE

remaining Works executed by a third party at the risk & Cost of the Contractor and
without any prejudice to other rights available to OWNER under the Contract such
as forfeiture of the Contract Performance Bank Guarantee, withholding of payment
etc.
28.5 In case, this issue of submission of false/fake documents comes to the notice after
execution of the Works, OWNER shall have full right to forfeit any amount due to the
Contractor along with forfeiture of the Contract Performance Bank Guarantee
furnished by the Contractor. Further, any Contractor which is found guilty of any
Corrupt or Fraudulent Practice or submission of false/fake /forged documents, shall
be put on the negative/ holiday list of OWNER debarring them from future business
with OWNER.

29.0 PUBLIC UTILITY SERVICE :


29.1 The Bidder / Contractor shall take on record that PMHBL has been declared as a
Public Utility Service under Industrial Dispute Act 1947 and Essential Services
Maintenance Act 1994 and various other provisions hereby undertake on their
behalf and on behalf of the employees under their roll that they refrain from
indulging in any activity(ies) which would hamper Industrial peace in PMHBL and
also would extend their Assistance and support to PMHBL to comply with the
requirements within mentioned statutory requirement / declaration.

30.0 INTEGRITY PACT:


Integrity Pact documents has been attached herewith. The said document shall be
signed in all the pages by the signatory of the bidder, who signs the bid and returned
with the techno-commercial bid. Offer of those bidders who do not attach the
Integrity Pact duly signed shall be summarily rejected without any further reference
to the bidder.

31.0 DECLARATION : Any party or its associated company if had been in the holiday list
/ black-listed/ banned by any Central / State Government agencies or any Central
/ State PSU company or any Regulatory Institution/Authority and such name appears
in the list of the above mentioned central / state Government agencies or central /
state PSUs or any Regulatory Institution/Authority as on date is disqualified and
would not be considered.

An affidavit to this effect/ or an affidavit that the vendor is not holiday listed /
black listed / banned by above mentioned Agencies is required to be produced, if
called for by PMHBL, in the event of award of work order.

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PETRONET MHB LIMITED. BANGALORE

Annexure –III

Forms of bid submission (APPENDICES)


(List of documents required to be uploaded)

APPENDIX DESCRIPTION
PRE-QUALIFICATION CRITERIA DETAILS – DETAILS OF SIMILAR WORK
I COMPLETED
PRE-QUALIFICATION CRITERIA DETAILS – ANNUAL TURNOVER & NETWORTH
II DETAILS
III PRE-QUALIFICATION CRITERIA DETAILS – OTHER CRITERIA
IV DEVIATION STATEMENT
VI PROFORMA OF DECLARATION OF BANNING / BLACK LISTING / HOLIDAY LISTING
VI DECLARATION & UNDERTAKING BY MSEs / STARTUP COMPANIES
VII DECLARATION REGARDING RELATIONS WITH ANY OF THE PMHBL DIRECTORS
VIII UNDERTAKING BY THE BIDDERS
IX STATEMENT OF CREDENTIALS

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PETRONET MHB LIMITED. BANGALORE

APPENDIX –I

PRE QUALIFICATION CRITERIA DETAILS

DETAILS OF SIMILAR COMPLETED WORK


Furnished below are the details required for meeting the qualifying requirements/ prior
experience criteria;

SI Details of Name & WO No & Contract Completed Completion Remar


No Work Address of Date value Value Period / ks if
Executed Client (in Rs) (in Rs) date any

Note: Please attached supporting documents in the form of work order(s) with Proof of
completion / Satisfactory completion / execution / experience certificate issued by the client.
as per the supporting documents sought in Bid evaluation Criteria (BEC)

Signature of the bidder with stamp shall be affixed

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PETRONET MHB LIMITED. BANGALORE

APPENDIX –II

PRE QUALIFICATION CRITERIA DETAILS

ANNUAL TURNOVER DETAILS and NETWORTH DETAILS


Bidder shall indicate herein his annual turnover during the following 2 years based on
the audited balance sheet/profit and loss account statement.

SI No Financial Annual Turnover (in Rs)


Year
1 2020-21

2 2021-22

3 Average Annual Turn Over


during the above three
financial years
5 Net Worth as per latest
Audited Financial
Statement

(Please highlight the above indicated values in the supporting documents for easy reference)

NOTE:

Copies of audited balance sheets with Profit & Loss account statement for last 3 years
and Net worth Certificate certified by Chartered Accountant shall be submitted along with the
offer as per the supporting documents sought in Bid evaluation Criteria (BEC)

Signature of the bidder with stamp shall be affixed

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PETRONET MHB LIMITED. BANGALORE

APPENDIX –III

PRE QUALIFICATION CRITERIA DETAILS

OTHER CRITERIA
Furnished below are the details required for meeting the PQC - other criteria;

SI No Other criteria (Pre-Qualification) Compliance


A Bidder has to quote for all items as per price bid and this
is to be confirmed in the format provided along with the Yes / No
technical bid

B Experience of only the Bidding Entity shall be considered


(In- house experience where for the past experience
referred for qualification, the contractor and the Owner Yes / No
belonging to the same organization shall not be
considered as a valid experience for the purpose of
qualification)

C The bidder should not be under a black-list/ holiday list


of any state/central government department or Yes / Not Applicable
undertaking (including PSUs).
Bidder shall give a declaration to this effect. (If Not Applicable, Please
submit the declaration)
D Consortium bids ❑ Consortium bids

(Please tick mark the applicable) ❑ Not Applicable

E Percentage of GST considered in the quote


❑ %

F Any other Criteria as applicable to the tender

Signature of the bidder with stamp shall be affixed

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PETRONET MHB LIMITED. BANGALORE

APPENDIX –IV

DEVIATION STATEMENT
I. Technical Deviations

SL. Tender Clause No Description of clause Deviation taken by the


No document bidder
Page No

II. Commercial Deviations

SL. Tender Clause No Description of clause Deviation taken by the


No document bidder
Page No

Note:
1. Bidder to note this Annexure has been included in the bidding document solely for the
convenience of the bidder so as to facilitate them to list out the deviations / exceptions both
of technical and commercial nature from / to the bidding document. Owner will not
recognise any deviation(s)/ exception(s) which are not listed in this format
2. Any remarks / comments to any clause may also be submitted in the above performa.
3. Any Deviation taken or noted elsewhere in the submitted bid will not be considered and
PMHBL will not be responsible for the same
4. In case of “No deviation” Bidder to write ‘NIL’ & sign.
5. If the above table is left blank (unfilled), it will be construed that the bidder have not taken
any deviation to this tender

Seal & Sign of the Bidder:

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PETRONET MHB LIMITED. BANGALORE

APPENDIX –V

(To be in the Company letter head)


Date: …………………

DECLARATION & UNDERTAKING BY MICRO & SMALL SCALE ENTERPRISES / STARTUP


COMPANIES/ ENTITIES SEEKING PURCHASE PREFERENCE UNDER MAKE IN INDIA
POLICY/WOMEN ENTREPRENEURS/REGN WITH TReDS/GeM

Sl. Particulars Details


Is your organization Proprietary / Partnership /
1 Private Limited Companies / Public Limited …………………………………
Company / Others
❑ Yes
2 Is your firm/organization owned by Women ❑ No
Enterpreneurs
❑ No
Are your registered under TReDS (Trade ❑ Yes, RXIL/A-
3 Receivable electronic Discounting System Treds/M1Xchange
approved by RBI)- Applicable for Micro, Small and ❑ Registration Number-
Medium Enterprises (tick agency with whom you
are registered along with
registration No)
Has your firm / organization registered your ❑ Yes
4
items / services in Government e-Market place ❑ No
(GeM)
❑ Micro
Does your organization belong to Micro / Small /
❑ Small Scale
Medium scale Industry / Start-ups/ others
5 ❑ Medium
(Please tick mark appropriate box. If bidder is
❑ Startup Company
Startup & MSE, then please tick mark both)
❑ Others
❑ Manufacturer of items
Whether Manufacturer for the tendered items quoted
6 (supply) / Service Provider for the tendered ❑ Service Provider for services
services as per MSE certification. ❑ Trader/reseller/authori
(Please tick mark the appropriate) zed agent/ distributor
❑ Non MSE Bidder
❑ Yes
In case you belong to Micro / Small/Medium Scale
❑ No
7 Enterprises whether you are registered under SC / if yes,
ST Category ❑ SC
(Please tick mark the appropriate) ❑ ST

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PETRONET MHB LIMITED. BANGALORE

❑ Yes, Udyam
In case you are Micro or Small Enterprise, whether
8 Registration
registered with Udyam Registration Portal
No…………
❑ No
In case you are both a valid MSE bidder-PP
Policy2012 and you are also meeting the minimum ❑ MSE PP Policy 2012
9
Local Content as per Purchase Preference – Local ❑ Make in India Policy
Content (Make in India
Policy), i.e. PP-LC(MII)., please give your
preference.
Please tick any one.

Classification of Supplier as per Purchase ❑ Class I supplier – Local


Preference – Local Content (Make in India content equal to or
Policy), i.e. PP-LC(MII).: Kindly tick one of the more than 50%
10 following, as applicable based on the Local
content in the product / service being offered, for ❑ Class II supplier – Local
the subject Tender. Content more than 20%
Note: Kindly refer the amended PP-LC(MII) policy but less than 50%
(effective from 01/10/2020), which is part of the ❑ Non Local Supplier – Local
Tender document Content less than or equal
to 20%
In case you are claiming benefits under Purchase
❑ Yes, Local Content %
Preference (Make in India Policy), whether you
11
are meeting the minimum local content as ❑ Not applicable for this
mentioned in the tender document/concerned tender
Ministry guidelines/ Policy.
Declaration: I hereby declare that the above data submitted are true and back-up documents are
attached as proof of the same. In case any submitted data are found to be incorrect/false, my bid
is liable to be rejected and I am liable for suitable actions as per relevant 6.1 PMHBL Policy.
Further, I also declare that I am duly authorized by my Management for submitting the bid and
valid power of attorney for this tender is attached. In case the Local Content so declared and
submitted above is found to be below the threshold level of Minimum Local Content specified as
per Tender Conditions, a pre-determined penalty of 10% shall be levied and also liable to banning
of business as specified under the Purchase Preference Policy.
We also understand that in case we are not claiming benefits under “Local Content”, or MSE-
Manufacturer/ System Integrator as per tender requirements, then purchase preference shall
apply to other bidders who have quoted accordingly as per policy.

Note on Point no 7: Supporting documents under prescribed policy is enclosed. I have also

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PETRONET MHB LIMITED. BANGALORE

attached necessary calculations for justifying local content for specified items and duly
certified by competent agency as per relevant policy & liable for its authenticity

A) CATEGORISATION OF MSE/SC-ST VENDORS

1. In case of Micro/Small/Medium scale Enterprises, kindly attach Registration


Certificate issued by DIC/KVIC/KVIB/Coir Board/NSIC/Directorate of Handicrafts and
Handlooms, or any other body specified by MSME for authentication such as Udyog
Aadhaar Memorandum/Acknowledgment.
2. SC/ST entrepreneurs registered under MSEs need to submit valid documentary evidence.

B) ELIGIBILITY AND RECOGNITION OF START-UP COMPANIES


Bidder who intends to participate as “Start-up’’ company should fulfil all the conditions of
Start-Up as directed by Department of Industrial Policy and Promotion (DIPP), Ministry
of Commerce & Industry, Govt. of India and his eligibility shall be valid as on bid closing
date. He shall also enclose the Certificate of Recognition issued by DIPP.
C) DECLARATION IN CASE OF MSE BIDDERS/ START-UP COMPANIES
In terms of Tender Conditions applicable for Micro & Small Enterprises (MSEs)/ Startups,
we hereby declare as under-
a) We are a Micro / Small Enterprise, as on bid closing date of this tender.
b) We are a Manufacturer of the quoted supply item(s)/service provider for quoted
services and valid documentary evidence for same is submitted.
c) MSE certificate submitted by us is authentic & valid as on bid closing date of this
tender.
d) We are a “Start-up’’ company and we are meeting all conditions and therefore
eligible as Start- up company as on the date of tender bid closing. We are also
enclosing copy of certificate of recognition issued by Department of Industrial Policy
and Promotion, Ministry of Commerce & Industry, Govt. of India.
D) DECLARATION IN CASE OF ENTITIES SEEKING PURCHASE PREFERENCE UNDER
MAKE IN INDIA POLICY
We have read carefully the terms and conditions for availing the benefits of PP Make in
India Policy and we are meeting all the requirements of Local Content and duly certified
documents for proving the stipulated local content as mentioned in this document is
enclosed.
We declare the above details are true. In case any of the details are found to be
false/untrue, our offer will be liable for rejection /cancellation of order/ and/ or subjected
to appropriate penal actions / including Holiday Listing as per tender Terms & Conditions.

Authorized Signatory (With Company Seal & Signature)

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PETRONET MHB LIMITED. BANGALORE

APPENDIX –VI

DECLARATION REGARDING RELATIONS WITH ANY OF THE PMHBL DIRECTORS

The bidder shall declare the following information in exhaustive details on his company’s
letter head with the document duly signed and stamped.

a) Where the Proprietor is a Sole proprietor – Yes / No


Whether the proprietor is a Director or any relative of Director of PMHBL present or retired
within past 2 years.

ii) Where the Tenderer is a firm – Yes / No


Whether any partner or member of the firm is a Director or a relative of any Director of
PMHBL, present or retired, within last two years.

iii) Where the Tenderer is a Company – Yes / No


Whether a Director (present or retired within the past two years) of PMHBL or relative of
such Director is a substantial member holding more than 10% (ten percent) of the paid up
capital in the Company, or a Director of the Company.

Place : Signature of Bidder :

Date : Name of Signatory :

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PETRONET MHB LIMITED. BANGALORE

APPENDIX –VII

UNDERTAKING BY THE BIDDERS

(in letter head)

Tender No:

Name of the Work:

We (Name of the Tenderer) hereby certify


that we have fully read and thoroughly understood all the tender requirements and accept all
terms and conditions of the tender including all corrigendum / addendum / clarification issued,
if any. Our offer is in confirmation to all the terms and conditions of the tender including all
corrigendum / addendum / clarification, if any and minutes of the pre-bid meeting. In the event
our offer is found acceptable and contract is awarded to us, the complete tender document shall
be considered for constitution of Contract Agreement.

We confirm that we have quoted the rates in the tender considering inter-alia the
1) Tender Document(s)
2) Scope of Work / Special Conditions of Contract
3) Safety Policy
4) Pre-bid meeting Minutes (if any)
5) SOR / Price bid format
6) Corrigendum / Addendum/ Clarification (if any)

Place : Signature of Bidder :

Date : Name of Signatory :

Note: This declaration should be signed by the Tenderer’s authorised representative on


Company Letterhead who is signing the Bid and Scanned copy to be uploaded.

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PETRONET MHB LIMITED. BANGALORE

APPENDIX -VIII

STATEMENT OF CREDENTIALS

Tenderers should fill their technical offer by providing all information as follows (If not
applicable- Please mention as ‘N/A’);

SI Particulars Details
No
1 Name of the Firm
2 Nature of the Firm
(State whether Limited Company, partnership
Firm, Co- op. Society or Sole Proprietor, Photo
copies of documents Confirming constitution of
the firm to be Enclosed)
3 Year of Establishment
4 Registration Number, if any
5 Registered Postal Address

6 Telegraphic Address, if any


7 Telephone No. (s)
8 Fax No. (s), if any
9 E-mail ID, if any
10 Address of Branches, if any
11 Name of Directors/ partners / Proprietor ( as The
case may be) with address & Telephone No.(s).
12 Permanent Income Tax No.
13 Last Income Tax Clearance (Attach Photocopy)
14 Name of Bankers & Branch with full address
15 Type of Account & A/C No.
16 Name (s) of Authorised Representatives (s)
Note: Power of Attorney signed by the
Director(s)/ Partners / Proprietor in favour of
the authorized Person signing the tender
documents must be enclosed.
17 Type of job in which engaged as
independent manufacturer. contractor

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PETRONET MHB LIMITED. BANGALORE

18 Maximum value of the Job the


Contractor/manufacturer is capable of Handling
per year. (Furnish details of your Financial
standing together with the Bank References and
necessary Solvency certificate From their
banker (Nationalised) as per Bank’s Format).
19 Were you associated with PMHBL in any Other
contract in the past
20 Are you currently having any contract with PMHBL
21 Are you on the approved list of other Oil Cos/
Public Sector Undertakings / govt. Dept. Etc. If so,
furnish true copies of Certificates certifying your
performance
22 Please confirm that you have qualified/ trained
/ experienced staff on your payroll to handle this
job
23 Furnish Audited Balance sheet for last 3 Years
ending previous financial year
24 Details of technical collaboration.
Please provide Documentary support (Xerox
copies) if any and the brief experience of the
parties
25 Confirmed that Bank Guarantee for acceptance of
the Security Deposit as per tender will be provided
26 Brief Description of the job methodology/
Quality Assurance :
27 Details of Testing methods and equipments that
will be made available
28 Details of your Past Experience in the country
(India) in this nature of job.
29 Whether the bidder is put on Holiday list of any
of the PSU. (If sought later, an affidavit to be
produced later to PMHBL.)
Bidder shall provide details in the below format, of at least one Authorised Contact person
in Bidder’s organization with whom PMHBL may correspond on the matter for seeking any
clarifications:

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PETRONET MHB LIMITED. BANGALORE

1 Primary Contact Details of the


Bidder
Name
Designation
Landline Nos.
Cell Phone nos.
Email IDs
2 Alternate Contact Details of the
Bidder
Name
Designation
Landline Nos.
Cell Phone nos.
Email IDs

Note: The Bidder to fill up the above and enclose along with Technical Bid.

Authorized Signatory
(With Company Seal & Signature)

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PETRONET MHB LIMITED. BANGALORE

Annexure – IV

(To be submitted on Letter Head / emblem)


BID SECURITY DECLARATION
(IN LEIU OF EARNEST MONEY DEPOSIT)
Ref : Tender No Date:

Sub: Tender title ___________________________________________________

I, Shri ___________________________________ of M/s. _________________________________, having its registered office at


_____________________________ in my capacity as _______________________ (Role of the Bidder – Proprietor /
Partner / Director etc.) and being authorized for the purpose, declares on the behalf of the Bidder
as under:
1) That M/s. ___________________________ are participating in the subject tender and have
submitted our bid in response to the same·

2) That we understand that in compliance with the Ministry of Finance Office Memorandum
bearing Reference F.9/4/2020-PPD dated 12.11.2020 and Office Memorandum bearing
reference DPE/7/(4)/2017-Fin (Part-I) dated: 19.11.2020 issued by Department of Public
Enterprises, the Owner has decided not to ask for furnishing of Earnest Money Deposit
(EMD) in the form of Bid Security till the operation of the said Office Memorandum.

3) That in lieu of not furnishing the EMD, we hereby declare that:

a) We will display our commitment to abide by our bid during the tender evaluation
process and will not withdraw or modify it or impair or derogate from it in any respect
during its validity period i.e., ______ number of days from the date of opening of the
Unpriced Bid as sought in the Notice inviting Tender.

b) We will comply with all formalities of signing of the contract / agreement / purchase
order and submit performance security within time stipulated in the tender document.

c) On our failure to ensure (a) and (b) above, PMHBL being the Owner shall be entitled to
put us under suspension for its future tenders or ban/blacklist us for a specified period
as per its policy. The discretion and decision of PMHBL in this regard will be final.

d) We will comply with all other formalities which PMHBL will communicate to usduring
the bid Validity period.

4) The executant and signatory of this Declaration is authorized by the bidder and the bidder
undertakes to comply and abide by the above declaration.

Date: Signature __________________


Place Stamp / Seal

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PETRONET MHB LIMITED. BANGALORE

Annexure – V

PROFORMA BANK GUARANTEE


(Performance)
(On non-judicial paper of appropriate value)
TO,
PETRONET MHB LTD.,
CORPORATE MILLER,
2ND FLOOR, BLOCK-B, 332/1,
THIMMAIAH ROAD, VASANTH NAGAR,
BANGALORE – 560 052.

Dear Sir,
In consideration of the Petronet MHB Ltd., (Herein after called “The Owner/Purchaser” which expression
shall include its successors and assigns) having awarded to M/s. (Name) __________________________Constitution
______ (address)_____________________________________________________ (Hereinafter referred to as “the Bidder” which
expression shall wherever the subject or context so permits include its successors and assigns) a contract in
terms inter alia, of the Owner/Purchaser’s letter No. ________________________ dated ________and the General
Purchase Conditions of the Owner/Purchaser and upon the condition of Bidder are furnishing security for
the performance of the Bidders obligations and discharge of the Bidder’s liability under and / or in
connection with the said contract up to a sum of Rs. ____________________________________
Rupees________________________________only) Amounting to 3% (three percent) of the total contract value. We
(name_________________________________________(constitution)_______________________(hereinafter) called “the Bank”
which expression shall include its successors and assign) hereby jointly and severally undertake and
guarantee to payment to the Owner/Purchaser in Rupees forthwith on demand in writing and without
protest or demur of any and all moneys anywise payable by the Bidder to the Owner/Purchaser under, in
respect or in connection with the said contract inclusive of all the Owner/Purchaser losses and damages and
costs, (inclusive between attorney and clients, charges and expenses and other moneys anywise payable in
respect of the above as specified in any notice of demand made by the Owner/Purchaser to the Bank with
reference to this Guarantee up to an aggregated limit of Rs.___________________
(Rupees_____________________________________________________only) AND the bank hereby agrees with
Owner/Purchaser that:

(i) This Guarantee/Undertaking shall be a continuing Guarantee/Undertaking and shall remain valid and
irrevocable for all claims of the Owner/Purchaser and liabilities of the Bidder arising upto and until mid-
night of ----------------------

(ii) This Guarantee/Undertaking shall be in addition to any other guarantee or security whatsoever that the
Owner/Purchaser may now or at any time anywise have in relation to the Bidder’s obligation/liabilities
under and/or in connection with the said contract, and the Owner/Purchaser shall have full authority to take
recourse to or reinforce this security in preference to the other security (i.es) at its sole discretion, and no
failure on the part of the Owner/Purchaser in enforcing or requiring enforcement of any other security shall
have the effect or releasing the Bank from its full liability hereunder.

(iii) The Owner/Purchaser 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 Bidder’s obligations and / or
liabilities under or in connection with the said contract and to vary the terms vis-à-vis the Bidders of the said
contract or to grant time and / or indulgence to the Bidder or to reduce or to increase or otherwise vary the
prices of the total contract value or to release or to forebears whatsoever shall have the effect of releasing
the Bank from its full liability to the Owner/Purchaser hereunder or of prejudicing rights of the

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PETRONET MHB LIMITED. BANGALORE

Owner/Purchaser against the Bank.


(iv) This Guarantee/Undertaking shall not be determined or affected by the liquidation or winding up,
dissolution, or change of constitution or insolvency of the Bidder but shall in all respects and for all purposes
be binding and operative until payment of all moneys payable to Owner/Purchaser in terms thereof.

(v) This Bank hereby waives all rights at any time inconsistent with the terms of this Guarantee/Under-
taking and the obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason
of any dispute or disputes having been raised by the Bidder (whether or not pending before any Arbitrator
Office, Tribunal or Courts) or any denial of liability by the bidder or any other communication whatsoever
by the bidder stopping or preventing or purporting to stop or prevent any payment by the Bank to the
Owner/Purchaser in terms hereof.

(vi) The amount stated in any notice of demand addressed by the Owner/Purchaser to the Guarantor as
liable to be paid to the Owner/Purchaser by the bidder or as suffered or incurred the Owner/Purchaser on
account of any losses or damages or costs, charges and/or expenses shall be as between the Bank and the
Owner/Purchaser be conclusive of the amount so liable to be paid to Owner/Purchaser or suffered or
incurred by the Owner/Purchaser as the case may be and payable by the Guarantor to Owner/Purchaser in
terms hereof.

(vii) Notwithstanding anything contained herein before, our liability under this guarantee is restricted to
Rs._____________(Rupees____ _________________) in aggregate and will remain in force till the_______ day of 20
________ unless a claim or demand in writing is made against us under the guarantee before the expiry of 3
months from the aforesaid date, that is before the _________day of 20____ all your rights under said aggregate
shall be forfeited and we shall be relieved and discharged from all liability hereunder.

Yours faithfully,

Dated the __________ day of 20

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PETRONET MHB LIMITED. BANGALORE

Procedure to submit the BG - (for the information of the vendor)

BG should be strictly as per the format given in the tender document. Vendor should
request their BG issuing bank to send the SFMS to our bank. Bank details are as under:

Beneficiary Name Petronet MHB Limited


Bb Bank Name State Bank of India
Branch Bangalore main branch
Account No. 00000010977236486
IFS Code SBIN0000813

As per CVC (Central Vigilance Commission) guidelines, the original BG should be directly sent
to PMHBL by the BG issuing bank with a copy of SFMS through registered post / courier.
In case of BG is sent by the supplier, such BG will not be accepted till such time the BG issuing
bank directly send to PMHBL, a copy of BG duly attested by the bank. Hence, it is advised to
the supplier to arrange to send the BG through their BG issuing bank only to enable us to
speed up processing of the BG.

BG will be accepted and accounted only after getting the SFMS confirmation from our bank i.e.
Union Bank of India.

Each page of the BG including stamp paper should have page number like 1 of 3, 2 of 3 so on.
Each page should have BG number.
Number of pages in the BG should be clearly mentioned in the forwarding letter of the
Bank.

Above same procedure is applicable in case of amendment of BG also.


(Note: Communication details to be filled by the Bank for correspondence)

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PETRONET MHB LIMITED. BANGALORE

Annexure-VI
BID EVALUATION CRITERIA (BEC)

Bidder should be either a manufacturer or an authorized supplier / distributor / dealer for Integration &
Commissioning of Video Analytics software. In case bidder, is manufacturer, shall submit valid
documentary evidence for being a manufacturer [i.e. ISO certificate / any certificate issued by statutory
authority/ valid NSIC certificate or equivalent certificate]. In case bidder, is an authorized
supplier/distributor/ dealer of manufacturer, shall submit valid authorization certificate from
manufacturer

Technical: Bidder should have experience of having successfully carried out and completed similar work
i.e. Integration & Commissioning of Video Analytics software during last 07 years ending last day of the
month previous to the one which applications are invited, which experience should be any of the
following,

➢ Three completed works, each costing not less than amount of Rs.13.61 Lakhs.
OR
➢ Two completed works, each costing not less than Rs.17.00 Lakhs.
OR
➢ One completed works costing not less than the amount of Rs.27.22 Lakhs.

Financial:

1. Average Annual Financial Turnover during last 2 years ending 31st March 2022 shall be
more than Rs.10.20 Lakhs.

2. Net worth of the bidder should be positive as per the latest audited annual accounts.
(Please provide all supporting documents in respect of the above requirement.

Both the above criteria (financial and Technical) to be met for qualification of bidders.

It shall be the sole responsibility of the bidder to ensure that all supporting documents in respect of
the above requirement are submitted along with the Bid. Bidders shall submit the copy of the
purchase order / work order copies awarded on them by Indian Govt. departments / Indian Public
Sector undertaking companies/reputed Public & Private Companies in India along with the
completion certificates of the PO placed on them clearly indicating the scope of the work,
specifications and the executed Purchase Order value.

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PETRONET MHB LIMITED. BANGALORE

Annexure-VII
SCOPE OF WORK AND SPECIFICATIONS:
Supply, Integration & commissioning of Video Analytics software at Mangalore and Neriya
Location.

Infrastructure available with PMHBL.

1. Analytics for Total 26 Nos cameras (existing and new) available in Mangalore which are connected to a
Network Switch. (Annexure A, B & C)
2. Analytics for Total 22 Nos cameras (existing and new) available in Neriya which are connected to a Network
Switch. (Annexure A, B & C)
3. Dedicated OFC channel is provided for interconnecting both locations Mangalore and Neriya.
4. PMHBL uses Milestone XProtect Professional+ 2022 R3 which is installed in a central server at Mangalore.
Through this VMS all the CCTV Cameras can be viewed of all the jurisdiction Mangalore, Neriya, Hassan and
Devangonthi.

All cabling from CCTV until control room switches are available currently. Successful bidder to use current
cables, Vendor to use the existing switch at Mangalore and Neriya to integrate for integrating the new system.

PMHBL will provide Local servers for both Mangalore and Neriya locations.

Vendor to integrate the Video Analytics (as mentioned is Annexure B) with PMHBL existing Video Management
Software (Milestone XProtect Professional+ 2022 R3) at Mangalore.

Note: Price quoted shall include all Transportation, loading/unloading charges if any. No extra charges will be
paid whatsoever.

Bidder to submit confirmation letter from the client where CCTV analytics was implemented, confirming
functioning of the implemented analytics for at least 1 year from the date of implementation.

Approved Brands: Approved Milestone VMS integrator

1. AI Video Analytics Generic features

i. The Video Analytic software (VA Software) should be based on Artificial Intelligence which uses deep
learning. The objects should be detected, classified, recognized and tracked based on the Artificial Intelligence.
ii. The VA Software should be robust to work in crowded conditions.
iii. The VA Software algorithms should have the option to use GPUs for faster processing.
iv. The VA Software should have the option of running on Windows OS.
v. The VA shall be able to interface with all ONVIF compliant cameras to receive video feeds
vi. The VA shall be capable of receiving High Definition video feeds from cameras & VMS for VA processing
vii. VMS Support:

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PETRONET MHB LIMITED. BANGALORE

a. The VA software shall allow for integrating with various versions (old and current) of the same VMS
viii. The VA Software shall support Web based UI. The UI shall be able to run on popular browsers such as
Chrome and Microsoft Edge.
ix. The VA shall support configuration and alarm management through a browser in mobiles as well as tablets
x. The VA Software shall be 64-bit application
xi. The VA Software shall support integration with I/O like Access control
xii. The VA shall be able to support MySQL / MongoDB and MS-SQL DB packages
xiii. The VA Software shall support Multi Tenancy
xiv. User levels and privileges:

a. The VA Software shall support multiple user roles with varying access privileges:
i. A system level Global Admin with all rights for the system
ii. A site level Admin with all rights for a site (group).
iii. Operator who has the rights to perform configurations. Operators do not have access to information of
other users.
iv. Users to access the information. Users do not have access to view information of other users.

b. Shall support a single user to have multiple roles and/or groups. The privileges assigned to the user will be
based on least restrictive of the roles

c. VA shall support LDAP based on Windows Active Directory such that user authentication is controlled by
Windows IDs

d. Access to alerts & reports shall be controlled based on group user privileges

e. System Administrator shall be able to monitor and manage user sessions (i.e. actively logged in users)

xv. The VA Software shall support Health Monitoring. The health monitor should support information on the
multiple analytics servers and respective cameras up & down time. It should also give the information on CPU,
Memory usage of the respective servers.

xvi. The VA Software must provide APIs through library calls, REST API or Web Services to allow VMS or PSIM
applications to access information about events and meta-data

xvii. Cyber security:


a. All user credentials shall be stored in an encrypted fashion
b. All incoming API requests shall be authenticated based on credentials of the requestor
c. All external communications shall be over a secure channel such as https
d. The VA Software should have been tested using a Vulnerability Assessment tool such as OWASP Top 10 and
addressed any serious vulnerabilities found

xviii. Configuration capabilities:


a. The VA Software shall have a UI for adding and removing input video streams, marking regions for
performing analytics on input video streams, identifying algorithms to run and mapping a camera input to a
particular VA server.
b. It shall expose parameters that can be fine-tuned for the algorithms to achieve desired levels of accuracy.
c. A dashboard of the cameras added shall be viewable from the Configuration page.
d. The VA Software should feature a rule engine to allow for combining multiple detection rules
e. The VA Software should allow for configuration of regions that need to be excluded by the analytics
algorithm for alarm generation

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PETRONET MHB LIMITED. BANGALORE

f. The VA Software must allow to draw region of interest where analytics are applied. Drawing the ROI should
be possible using rectangles and free line -based areas defining multiple regions of interest in the same view
for capturing alerts
g. The VA Software should support configuration of analytics through export / import of config files
h. The VA Software must allow for running multiple analytics per camera feed simultaneously
i. The VA Software must allow end user to play live stream for any selected channel during alert configuration
j. The VA Software shall support scheduling so that that analysis can be enabled or disabled for a certain period
of time.
k. The VA Software must provide information about status of connectivity with VMS and defined cameras
l. The VA Software shall support masking of the face in live output videos for privacy.

2. Security & Suspicious Incidence features


I. Tripwire: The VA shall detect a person crossing a tripwire line in both day / visible light as well as night / IR
light. It shall have the ability to detect using thermal cameras as well.
II. Trespass: The VA shall detect a person entering the Trespass region of interest or appearing from inside the
region in both day / visible light as well as night / IR light. It shall have the ability to detect using thermal
cameras as well.
III. Camera tampering: The VA shall support camera tampering detection. The following camera tampering
types shall be detected:
a. Something physical covers the camera, or is placed in front of the camera to block the view
b. The camera is vandalized with spray paint, covering the lens to prevent recording
c. The camera focus is obscured, making the image blurry
IV. Loitering - The VA shall detect a person entering or appearing from within the region of interest for an
extended amount of time (period must be configurable).
V. Missing Object Detection - The VA shall detect an object being removed from a designated area after a
predetermined period of time. The VA should have the ability for the software to draw an area around specific
objects to mark them for Missing Object Detection.
VI. PTZ -
a. The VA shall be able to able to set different ROI and Alert rules for different preset positions in a PTZ camera
b. Fixed to PTZ handover: When an alert is triggered in a fixed camera view, the system shall be capable of
activating a PTZ camera with an overlapping view and control the PTZ camera’s movement so as to keep the
object of interest continuously within the PTZ camera’s view
c. The VA shall support active tracking of objects by taking over control of a PTZ camera as object moves across
the field of view of the camera such that the object is always present in the field of view
d. The VA shall be able to stop analytics when the PTZ camera is moved out of PTZ preset position
VII. Slip & Fall Detection: -The VA Software shall support detection of person slipping and falling on ground.
Example: Used towards human safety, as necessary care could be taken promptly against alarm generated for
slip & fall of people at Plant area,
VIII. Safety Gear Detection:- The VA Software shall support detection of People not wearing safety gears are
like Safe helmet & shoes & Vest detected, as necessary care could be taken promptly against alarm generated
for Safe helmet & shoes & Vest at Plant area,

3. False Alarm filtering - The VA Software shall support false alarm minimization using customer feedback.
Starting with an initially deployed system performance, the false alarm performance of the system shall
become progressively better using user feedback on false alarms.

4. Advanced Number Plate Recognition (ANPR) for Vehicles


i. The ANPR System shall automatically detect the license plate in the captured video feed in real-time.
ii. The ANPR system shall be based on Artificial Intelligence which uses deep learning for very high accuracy
iii. The ANPR System shall support recognition of number plates of Indian based, and support alpha-numeric
characters in English.
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PETRONET MHB LIMITED. BANGALORE

iv. The ANPR System shall have a License Plate Database and will have an option to input certain license plates
according to category like "Blacklist", "Whitelist", "Stolen", and "Expired" etc. by authorized personnel.
v. The ANPR system shall be able to run with other traffic violation detection features like Illegal Parking,
Wrong way detection. Using ANPR, it should be possible to automatically recognize the registration number
of a vehicle involved in the traffic violation.
vi. The ANPR System shall store JPEG image of vehicle and license plate
vii. The ANPR system shall be able to run on servers as well as on local processing units near the camera.
viii. The ANPR system should detect the class of the vehicle (Eg: Private, Taxi, Police, Diplomatic etc)

5. Illegal Parking
i. The VA shall be able to detect the vehicles parked in unauthorized locations after a specified time threshold
has been exceeded. Operator shall be able to view the arrival of the vehicle onto the scene and thus determine
the nature and the circumstances of the event.

6. Vehicle Counting
i. The VA shall be able to count the vehicles that cross a virtual line in a vehicle lane or entry / exit gates.
ii. The VA shall be able to generate vehicle movement statistics for incoming and outgoing traffic from the
plant.

7. Smoke and Fire Detection


i. The VA Software shall detect the presence of highly dense smoke/fire for both indoor & outdoor
environments when it appears in the camera view and covers more than 10-15% of area.

8. Reporting

i. The software should provide reporting in PDF, JPG, Excel, Text file
ii. The software should schedule reports for Email & FTP
iii. The software shall be able to provide Zonal Reports with multiple cameras added in each zone
iv. The software shall support filtering report output based on roles
v. It shall support auto generation of reports through scheduling and ability to send the report to a predefined
list of recipients
vi. It must be possible to present information in various chart formats such as: Pie Charts, Columns, and
Histograms so as to support trend analysis of alarms over a period of time and over the installed camera base
vii. It shall support the ability to create custom report

9. Alarm management

i. The VA Software must provide real-time access to alert information such that alerts are displayed on screen
once they occur
ii. It shall support audio alarms when a real time alert occurs
iii. The VA Software shall support playback of alert videos
iv. For all logged events, The VA Software must maintain a link to their particular video feed for immediate
viewing
v. The VA shall support unlimited number of alarm clients
vi. It shall support multiple languages: English
vii. The VA shall support the ability to set filters such that the set of alarms that can be sent to a user or a group
of users is configurable
viii. The VA Software should allow System Administrator to define custom fields to be maintained per each
event type
ix. The VA Software shall allow for defining notification templates per each alert type allowing the System
Administrator to select the data to be passed in such notification messages
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PETRONET MHB LIMITED. BANGALORE

x. It shall support setting different colour for icons representing different alert types
xi. The VA Software must allow for archiving select alerts such that their meta data are not affected by
retention policy
xii. The VA Software must be able to send alert information to other systems through REST APIs

2.0 ADDITIONAL SCOPE and TERMS & CONDITIONS:

A.] Supply, Integration & commissioning of Video Analytics software at main station and SV stations at PMHBL
Mangalore, Neriya jurisdiction.

1. Vendor shall integrate existing camera and Servers for the analytics.
2. Both the locations will have 1 Local Server for analytics which will be integrate with a central server
available at Mangalore.
3. Video Analytics to be made on existing VMS that is Milestone XProtect Professional+ 2022 R3.
4. Use cases are provided as annexure B for reference and not limited to the same.
5. Install and establish recording server compatible to Milestone XProtect Professional +2022 R3.
6. Vendor to Integrate jurisdiction wise existing IP Cameras to the supplied Local Server at each Station
Mangalore, Neriya.
7. Documentation to be submitted shall include but not be limited to schematic drawings of the CCTV system
with all the components shown, data sheets and catalogues of equipment offered, and operation and
maintenance manuals.
8. Bidder require to arrange mandatory UAT for the demonstration of Functioning of Following System as per
the scope.
A. PTZ Functioning
B. Fixed Camera Functioning
C. FLP Camera Functioning
D. All Analytics Functioning & Demonstration
E. VMS Feature and Reports
F. Functioning of the servers and push the recordings to central server for storage from local servers.
9. The Successful Bidder will train PMHBL personnel
(a) Training for PMHBL officers at locations / any other places as desired by PMHBL.
10. The vendor shall train in the following areas so as to make them fully familiar with the system
and its day-to-day operation: -
• General design & system Engineering.
• VMS software and VA software and its completed operation and troubleshooting
• Analytics alarms management
• Operational & preventive maintenance of individual equipment & overall system
• Trouble shooting for all the equipment’s.
11. The above training shall be conducted at the site during handing over of the system & during the Warranty
period. Two such trainings shall be held every year in the Warranty Period. Each training module shall be of
minimum 2 days. Training module as approved by PMHBL shall be submitted by vendor at the time of UAT.

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PETRONET MHB LIMITED. BANGALORE

Annexure-VIII
Special Terms and Conditions
CONSIDERATION FOR THE PURCHASE ORDER:
The Party shall quote for all the items in BOQ, agreeing to carry out the works without any deviations. If the
tenderer(Bidder) does not quote for any of the BOQ item in the Price bid, the bid shall be liable to be rejected.
The Purchase Order will be placed on the overall lowest price bidder absolutely at the sole discretion of
PMHBL.

PACKING, FORWARDING, FREIGHT & TRANSIT INSURANCE CHARGE:


All the materials must be packed in appropriate method of packaging to protect the integrity of the product
and to be sent to the consignee address mentioned in this contract on door delivery basis. The charges for
Packing, Forwarding, Freight & Transit Insurance Charges shall be in the scope of the contractor.

FIRM PRICE:
The price quoted by the contractor shall remain firm till completion of contract, in all respect and no escalation
in price on any account shall be admissible to the contractor.

TIME SCHEDULE FOR COMPLETION OF THE WORK(Delivery Period)


Time is the essence of the contract
The time schedule for completion of entire scope of work as described in this bid shall be 45 days from the
date of issue of LOI/PO. (Including mobilization time required).

LIQUIDATED DAMEGES: In case of any delay in completion of work beyond the time schedule for completion of
the work (Delivery period), the owner shall be entitled to be paid Liquidated Damages by the Contractor. The
liquidated damages 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 liquidated damages shall be recovered by the
owner from the amount payable to the contractor.

PAYMENT:
Payment terms will be as follows
Sl.No Payment Breakup % Payment on total contract
value
1 Supply, Integration of video Analytics 50%
software and On successful UAT by
System Integrator & PMHBL
2 Final Acceptance Testing 20%

3 Solution stabilization & Go-Live 20%

Remaining 10% of the contract value shall be deducted from the bill as retention money which shall be
refunded after the defect liability period 01 year from the date of final bill or refunded against submission
of PBG. The payments are subject to deductions towards retention money, income tax and other statutory
deductions as applicable. Payment would be done within 15 days for running Bills/final bill on receipt of
the certified bill (Certified by Engineer In charge of the work).

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PETRONET MHB LIMITED. BANGALORE

Guarantee/warranty Certificate:
All the materials under the scope of work as per SOR shall be covered by the above guarantee/warranty
for a period of 12 months from the date of supply to Petronet MHB limited.
Any malfunction in the materials or any part or component of the materials within the said
guarantee/warrantee period shall be attended to, replaced/repaired at free of cost and without any
financial implication on part of Petronet MHB Limited. PMHBL shall not bear any cost in form of
taxes/duties/any other charges etc. for such repairs/replacements in total or part there off.

DOCUMENTS:
Supplier to submit the all the certificates from OEM along with manuals and other documents during the
system handing over at each location.

TRAINING:
Bidder to provide necessary training to the station personals for the operation and maintenance and
trouble shooting during handing over of the system at each location.

INSURANCE:
Insurance coverage for all types of risks during the entire course of work /Deputation of man power
/Supervisor / Engineers / Machineries of the supplier /contractor for the work at the work location is in
the scope of supplier/contractor.

SAFETY AT WORK:
Safety guidelines of PMHBL shall be followed during work execution at PMHBL stations. Providing all type
of PPE’s like Helmets, Gloves, Safety Shoes, Gum Boot, First Aid Kits with Anti venom to workmen shall be
is in the scope of Contractor.

REPORT OF ACCIDENT:
In case of any accidents, the contractor shall report the incident as required by Factories rules to the
concerned authorities. He will be fully responsible for the same including any expenses for medical
treatment or compensation or any other charges required to be borne.

Note: Bidders are requested to note that if there are any terms & conditions/Clause given under this Special
Terms & Conditions conflicts with similar terms & conditions given elsewhere in Tender (such as General
Terms & Conditions, General Purchase conditions etc.), then terms/conditions given under Special Terms &
Conditions will prevail.

Contact details & Work Location Address


for implementation of the Projet.
Contact Details Delivery Address(Work location)
Mr. Rajan G - Station-in-Charge – PMHBL – Petronet MHB Limited, Mangalore Pumping Station,
Mangalore (Mobile:9845161098) Near HPCL POL Terminal, Bala Village,
via Katipalla, Mangalore 575030

Mr. Mahesh Hegde - Station In Charge-PMHBL- Petronet MHB Limited, Neriya Station
Neriya (Mob:9880833802) Village – Neriya, Tq - Belthangady,
Dakshina Kannada District Pin -- 574292

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PETRONET MHB LIMITED. BANGALORE

ANNEXURE-IX

GENERAL CONDITIONS OF CONTRACT


(Service part for Installation & commissioning)

1.0 PRELIMINARY

1.1 This is a contract for Supply/execution of _________ work at __________ (please fill up the blanks)
1.2 The tenderer for the above mentioned item of work is __________________. (Please give the name
and address of the 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 Petronet MHB Limited and the tenderer that (name and
address of the tenderer) in case the tender of is (name and address of the tenderer)
accepted by Petronet MHB Limited and an intimation to that effect is so issued and also a Purchase
Order is placed with _______________________________(name and address of the tenderer) this document
will be termed as a 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/Station-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/Station-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 work not liable to be paid or reimbursed
by the Owner.

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;

1.1 The term “Agreement “wherever appearing in this document shall be read as “Contract“.

1.2 The “Authority” for the purpose of this Contract shall be the Managing Director or any other person
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so appointed or authorised.
1.3 The “Managing Director“ shall mean Managing Director of PETRONET MHB LIMITED or any person
so appointed, nominated or designated and holding the office of Managing Director.

1.4 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.

1.5 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.

1.6 The “Contract” between the Owner and the Contractor shall mean and include all documents like
enquiry, tender submitted by the contractor and the purchase order issued by the owner and other
documents connected with the issue of the purchase order and orders, instruction, drawings, change
orders, directions issued by the Owner/Engineer-in-Charge/Station-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.

1.7 “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.

1.8 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.

1.9 The “Engineer-in-Charge or Station-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.

1.10 “The Owner” means the PETRONET MHB LIMITED incorporated in India having its registered office
at Corporate Miller, 2nd Floor, Block-B, 332/1, Thimmaiah Road, Vasanth Nagar, Bangalore-
560052.

1.11 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.

1.12 The “Project Manager” shall mean the Head Operations of PETRONET MHB LIMITED, or any person
so appointed, nominated or designated.

1.13 The “Station” 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.

1.14 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.

1.15 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
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Owner/Engineer-in-Charge / Station-in-Charge and their legal heirs, representatives, successors


and permitted assignees of such person, firm or Company.

1.16 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.

1.17 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.

1.18 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 Station,
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 not be
arbitrable.

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, meaning of the Contract and intent of the Owner and have
been so ordered in writing by Owner and/or Engineer-in-Charge/Station-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 specificallyprovided 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 shallnot 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
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PETRONET MHB LIMITED. BANGALORE

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 reserves 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. 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 wastage on 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. etc. Any person not complying with those rules etc. but submitting the tender
in violation of 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 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 date of 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/Station-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, octroi, statutory levies, if any, etc. etc.
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PETRONET MHB LIMITED. BANGALORE

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/Station-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
sufferance 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 therefore, 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 initialled 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 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 followingprocedure shallbe 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 shallbe 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 shallbe 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 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. In case of any
error/discrepancy in the amount w r i t t e n in words and figures, the lower amount between the
two shall prevail.
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PETRONET MHB LIMITED. BANGALORE

4. DEPOSITS
a) EARNEST MONEY DEPOSIT (EMD)
The tenderer will be required to pay a sum as specified in the covering letter, as earnest
money deposit along with the tender either through a crossed demand draft in favour of
Petronet MHB Limited, from any Scheduled Bank (other than a Co-Operative Bank) payable
at Bangalore. The EMD of successful contractor will be adjusted against Security Deposit (if
mentioned in the terms of contract document) which would be required to be deposited by
the Contractor. The EMD would also be adjusted with retention money for defects liability
period mentioned in the tender document on finalization of Contract. EMD to un-successful
contractor will be refunded after finalisation of contract.

Note: Public sector enterprises and small scale units registered with National Small Scale
Industries are exempted from payment of Earnest Money Deposit. Small scale units
registered with National Small Scale Industries 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.

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 two percent (2%) 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.

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/ Station-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/Station-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 Station 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-in-charge/ Station-in-charge in advance. The contractor shall be permitted to work beyond
the normal hours with prior approval of Engineer-In-Charge/Station-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. SETTING OUT OF WORKS AND STATION INSTRUCTIONS


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5.a.1. The Engineer-in-Charge/Station-in-Charge shall furnish the Contractor with only the four corners
of the work Station 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/Station-in-Charge. The approval thereof or joining in setting out the work
shall not relieve the Contractor of 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/ Station-in-Charge. The Centre longitudinal or face lines and cross lines shall be marked by
means of small masonry 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/Station-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 Stations 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/Station-in-Charge shall communicate or confirm his instructions to the


contractor in respect of the executions of work in a “work Station 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/Station-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/ Station-in-
Charge requiring compliance within seven days fails to comply with such drawings or ’instructions’
or both as the Engineer-in-Charge/Station-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/ Station-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.
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PETRONET MHB LIMITED. BANGALORE

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 Station-in-Charge/ Engineer-in-Charge for his clarification, instructions, guidance or
clearing of doubts. The decision of the Engineer-in-Charge/Station-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 operations do not create nuisance
or misuse of the work space that shall cause unnecessary disturbance or inconvenience to others
at the work Station“.

5.a.12. “All fossils, coins articles of value of antiquity and structure or other remains of geological or
archaeological discovered on the Station of works shall be declared to be the property of the Owner
and Contractor shall take reasonable precautions to prevent this workmen or any other persons
from removing or damaging any such articles or thing and shall immediately inform the Owner /
Engineer-in-Charge/Station-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/Station-in-Charge for the protection of works or safety and convenience to all
the members employed at the Station or general public.“

5.b. COMMENCEMENT OF WORK


The contractor shall after paying the requisite security deposit, commence work within 15 days
or as specified in letter of intent / Work Order 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 i s 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. SUBLETTING OF WORK


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/Station-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.

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PETRONET MHB LIMITED. BANGALORE

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 ensue as provided in the clause of “sub- letting of
works”.

5.d EXTENSION OF TIME

1) If the Contractor anticipates that he willnot be able to complete the work within the contractual
delivery / completion date (CDD), then the Contractor shall make 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 Liquidated Damages
amount calculated on the Total Contract Value, the Managing Director of the Owner shall grant a
Provisional extension of time, pending a decision on the request.

3) The concerned officer of the Owner shall expeditiously decide upon the request for time
extension and decide the levy of liquidated damages within a maximum period of 6 months from
the CDD or date of receipt of the request, whichever is later.

4) Grant of any extension of time shallbe 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 LD,
as stated above. Once a decision is taken, the LD shall be recovered from any pending bills or by
encashment of the BG. Any balance sum of Contractor or the BG (if LD is fullyrecovered from the
bills)shallbe promptly refunded/returned to the Contractor.

5.e. SUSPENSION OF WORKS

5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in writing by the Engineer-
in-Charge/Station-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.2. In case of suspension of entire work, ordered in writing by Engineer-in-Charge / Station-in-


Charge, for a period of 30 days, the Owner shall have the option to terminate the Contract as
provided under the clause for termination. The Contractor shall not be at liberty to remove from
the Station of the works any plant or materials belonging to him and the Employer shall have lien
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PETRONET MHB LIMITED. BANGALORE

upon all such plant and materials.


5.e.3. The contract 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.

5.f. OWNER MAY DO PART OF WORK


Notwithstanding 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 carry out 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.

5.g. INSPECTION OF WORKS

5.g.1. The Engineer-in-Charge/Station-in-Charge and Officers from central or State Government will have
full power and authority to inspect the works at any time wherever in progress, either on the
Station or at the Contractor’s premises/ workshops of any person, firm or corporation where work
in connection with the contract may be in hand or where the materials are being or are to be
supplied, and the Contractor shall afford or procure for the Engineer-in Charge/ Station-in-Charge
every facility and assistance to carry out such inspection. The Contractor shall, at all times during
the usual working hours and at all other times at which reasonable notice of the intention of the
Engineer-in-Charge/Station-in-Charge or his representative to visit the works shall have been
given to the Contractor, either himself be present to receive orders and instructions, or have a
responsible agent, duly accredited in writing, present for the purpose. Orders given to the
Contractor’s agent shall be considered to have the same force as if they had been given to the
Contractor himself. The Contractor shall give not less than seven days’ notice in writing to the
Engineer-in-Charge/Station-in-Charge before covering up or otherwise placing beyond reach of
inspection and measurement any work in order that the same may be inspected and measured. In
the event of breach of above, the same shall be uncovered at Contractor’s expense for carrying out
such measurement and/or inspection.

5.g.2. No material shall be removed and despatched by the Contractor from the Station without the prior
approval in writing of the Engineer-in-charge. The contractor is to 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/Station-in-Charge.

5.h. SAMPLES
5.h.1. The contractor shall furnish to the Engineer-in-charge / Station-in-Charge for approval when
requested or required adequate samples of all materials and finishes to be used in the work.

5.h.2. Samples shall be furnished by the Contractor sufficiently in advance and before commencement
of the work so as the Owner can carry out tests and examinations thereof and approve or reject
the samples for use in the works. All material samples furnished and finally used/applied in actual
work shall fully be of the same quality of the approved samples.

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PETRONET MHB LIMITED. BANGALORE

5.i. TESTS FOR QUALITY OF WORK


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 / Station-in- Charge and shall be
subjected from time to time to such tests at Contractor’s cost as the Engineer-in-Charge/Station-
in-Charge may direct at the place of manufacture or fabrication or on the Station 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/Station-in-Charge.

5.i.2. All the tests that will be necessary in connection with the execution of the work as decided the
Engineer-in- charge/Station-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 or workmanship
to be supplied by the owner, such tests shall be carried out by the Contractor as per instructions
of Engineer-in-Charge/Station-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.

5.j. ALTERATIONS AND ADDITIONS TO SPECIFICATIONS, DESIGNS AND WORKS

5.j.1. The Engineer-in-Charge/Station-in-Charge shall have powers to make any alterations, additions
and/or substitutions to the schedule of quantities, the original specifications, drawings, designs and
instructions that may become necessary or advisable or during the progress of the work and
the Contractor shall be bound to carry out such altered/extra/new items of work in accordance
with instructions which may be given to him in writing signed by the Engineer-in-Charge/Station-
in-Charge. Such alterations, omissions, additions or substitutions shall not invalidate the contract.
The altered, additional or substituted work which the Contractor may be directed to carryon in the
manner as part of the work shall be carried out by the Contractor on the same conditions in all
respects on which he has agreed to do the work. The time for completion of such altered added
and/or substituted work may be extended for that part of the particular job. The rates for such
additional altered or substituted work under this Clause shall, be worked out in accordance with
the following provisions:

5.j.2. If the rates for the additional, altered or substituted work are specified in the contract for similar
class of work, the Contractor is bound to carry out the additional, altered or substituted work at the
same rates as are specified in the contract.

5.j.3. If the rates for the additional, altered or substituted work are not specifically provided in the
contract for the work, the rates will be derived from the rates for similar class of work as are
specified in the contract for the work. In the opinion of the Engineer-in-Charge/Station-in-Charge
as to whether or not the rates can be reasonably so derived from the items in this contract, will be
final and binding on the Contractor.

5.j.4. If the rates for the altered, additional or substituted work cannot be determined in the manner
specified above, then the Contractor shall, within seven days of the date of receipt of order to
carry out the work, inform the Engineer-in-Charge/ Station-in-Charge of the rate at which he
intends to charge for such class of work, supported by analysis of the rate or rates claimed and
the Engineer-In-Charge/ Station-in-Charge shall determine the rates on the basis of the prevailing
market rates for both material and labour plus 10% to cover overhead and profit of labour rates
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and pay the Contractor accordingly. The opinion of the Engineer-in-Charge / Station-in-charge as
to current market rates of materials and the quantum of labour involved per unit of measurement
will be final and binding on the contractor.

5.j.5. In case of any item of work for which there is no specification supplied by the Owner and 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/ Station-in-Charge.

5.k. PROVISIONAL ACCEPTANCE


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 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.

5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATE


As soon as the work is completed in all respects, the contractor shall give notice of such completion
to the Station in charge or the Owner and within thirty days of receipt of such notice the Station-in-
charge shall inspect the work and shall furnish the contractor with a certificate of completion
indicating:

a) Defects, if any, to be rectified by the contractor


b) Items, if any, for which payment shall be made in reduced rates
c) The date of completion

5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS

5.m.1. Notwithstanding anything contained to the contrary in any or all of the clauses of this contract, where
any materials for the execution of the contract are procured with the assistance of the Owner. The
contractor shall use the said materials economically and solely for the purpose of the contract and
shall not dispose them of without the permission of the Owner.

5.m.2. All surplus (serviceable) or unserviceable materials that may be left over after the completion of
the contract or at its termination for any reason whatsoever, the Contractor shall deliver the said
product to the Owner without any demur. The price to be paid to the Contractor, if not already
paid either in full or in part, however, shall not exceed the amount mentioned in the Schedule
of Rates for such material and in cases where such rates are not so mentioned, shall not exceed
the PWD scheduled rates. In the event of breach of the aforesaid condition the contractor shall
become liable for contravention of the terms of the Contract.

5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint measurement.
In case where joint measurement has failed to take place, the Owner may measure the same and
determine the quantity.

5.m.4. It is made clear that the Owner shall not be liable to take stock and keep possession and pay
for the surplus and unserviceable stocks and the Owner may direct the Contractor
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to take back such material brought by the Contractor and becoming surplus and which the
Owner may decide to keep and not to pay for the same.
5.n. DEFECT LIABILITY PERIOD
The contractor shall guarantee the work executed for a period of 12 months from the date of
completion of the job. Any damage or defect that may arise or lie undiscovered at the
time of completion of the job shall be rectified or replaced by the contractor at his own cost. The
decision of the Engineer-In-charge / Station-Incharge/Owner shall be the final in deciding whether
the defect has to be rectified or replaced. Equipment or spare parts replaced under
warranty/guarantees shall have further warranty for a mutually agreed period from the date of
acceptance.

The Owner shall intimate the defects noticed in writing and the contractor within 15 days of
receipt of the intimation shall start the rectification work and complete within the time specified
by the owner failing which the owner will get the defects rectified by themselves or
by any other contractor and the expenses incurred in getting the same done shall be paid by the
Contractor under the provision of the Contract.

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.

5.o. DAMAGE TO PROPERTY

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 wilful ac ts 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. DUTIES AND RESPONSIBILITIES OF CONTRACTOR

6.a. EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THE CONTRACTOR

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’spayroll
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 em ployi ng persons or relati on 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
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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 Station
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 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 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.

6.b. NOTICE TO LOCAL BODIES


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. FIRST AID AND INDUSTRIAL INJURIES

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 / works and their name board shall be prominently
displayed in Contractor’sfield 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. SAFETY CODE


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 herewith. 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 shall at his own expense arrange for all the
safety provisions as per relevant Safety Codes of P.W.D Bureau of Indian Standards, the Electricity
Act/I.E. Rules. The Mines Act and such other Acts as applicable.
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PETRONET MHB LIMITED. BANGALORE

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 Owner’s Safety Engineer or
Engineer-in-Charge/Station-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 Owner 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-fulfilment 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.

6.e. INSURANCE AND LABOUR


Contractor shall at his own expense obtain and maintain an insurance policy with a Nationalised
Insurance Company to the satisfaction of the Owner as provided hereunder.

6.e.1. EMPLOYEES STATE INSURANCE ACT


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 remuneration 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’sState 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, and the Employee’s contribution as
required by the Act.

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PETRONET MHB LIMITED. BANGALORE

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 be to the Contractor’sor 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.

v. WORKMAN’S COMPENSATION AND EMPLOYEE’S LIABILITY INSURANCE


Provide Insurance for all the Contractor’s employees engaged in the performance of this
contract. If any of the work is sublet, the Contractor shall ensure that the sub-contractor
provides workmen’s compensation and Employer’s Liability Insurance for the latter’s employees
who are not covered under the Contractor’sinsurance.

vi. AUTOMOBILE LIABILITY INSURANCE


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 r e s u l t from
unauthorised use of the vehicle. The provisions of the Motor Vehicle Act would apply.

vii. FIRE INSURANCE


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
Owner in the joint names of the Owner and the Contractor (name of the former being placed
first in the Policy). Such Policy shall cover the property of the Owner only.

6.e.2. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR BY OWNER


i. Contractor shall also provide and maintain any and all other insurance which may be
required under any law or regulations from time to time. He shall also carry and maintain
any other insurance which may be required by the Owner.

ii. The aforesaid insurance policy/policies shall provide that they shall not be cancelled till the
Engineer-in-Charge has agreed to their cancellation.

iii. The Contractor shall satisfy to the Engineer-in-Charge/Station-in-Charge from time to time
that he has taken out all insurance policies referred to above and has paid the necessary
premium for keeping the policies alive till the expiry of the defects liability period.

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/Station-in-Charge.

6.e.3. LABOUR AND LABOUR LAWS

i. The contractor shall at his own cost employ persons during the period of contract and the
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PETRONET MHB LIMITED. BANGALORE

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 depos i t 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 C o n t r a c t o r
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 Station
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’spremises 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 Gratuity Act, 1972, as
may be applicable and as amended from time to time.

vi. IMPLEMENTATION OF APPRENTICES ACT, 1961


The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the Rules
and Orders issued thereunder from time to time. If he fails to do so, his failure will be a
breach of the contract and the Engineer-in-Charge may, at his discretion, cancel the
contract. The Contractor shall also be liable for any pecuniary liability arising on account of
any violation by him of the provision of the Act.

vii. MODEL RULES FOR LABOUR WELFARE


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 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/Station-in-
Charge shall be entitled to do so and recover the cost thereof from the contractor.

6.f. DOCUMENTS CONCERNING WORKS

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,
reproducible, plans, specifications design calculations etc. prepared by the contractor for the
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PETRONET MHB LIMITED. BANGALORE

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 a g e n c y o r individual without t h e w r i t t e n a p p r o v a l by the
Engineer-in-Charge/Station-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 /
Station-in-Charge. Contractor shall not take any pictures on Station without written approval of
Engineer-in-Charge/Station-in-Charge.

7. PAYMENT OF CONTRACTOR’S BILLS

7.1. Payments will be made against Running Accounts bills certified by the Owner’s Engineer-in-
Charge/Station-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 t h e duly
signed measurements s h e e t (s) t o t h e Engineer-in-Charge / Station-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/ Station-in-Charge of the Owner.

7.3. All running account payments shall be regarded as on account payment(s) to be finally adjusted
against t h e f i n a l 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/Station-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/Station-in-Charge may take
the assistance of an outside party for taking the 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.a. MEASUREMENT OF WORKS


7.a.1. All measurements shall be in metric system. All the works will be jointly measured by the
representative of the Engineer-in-Charge/Station-in-Charge and the Contractor or their
authorised ag e n t p r og r e s s i v e l y . Such measurement will be recorded in t h e Measurement
Book/Measurement Sheet by the Contractor or his authorised representative and signed in token
of acceptance by the Owner or their authorised representative.
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7.a.2. For the purpose of taking joint measurement, the Contractor/representative shall be bound to be
present whenever required by the Engineer-in-Charge/Station-in-Charge. If, however, they are
absent for any reasons whatsoever, the measurement will be taken by the Engineer-in-
Charge/Station-in-Charge or his representative and the same would be deemed to be correct and
binding on the Contractor.

7.a.3. In case of any dispute as to the mode of measurementfor any item of work, the latest
Indian Standard Specifications shall be followed. In case of any further dispute on the same the
same shall be as per the certification of an outside qualified Engineer/ Consultant. Such a
measurement shall be final and binding on the Owner and the Contractor.

7.b. BILLING OF WORKS EXECUTED


The Contractor will submit a bill in approved proforma in quadruplicate to the Engineer-in-
Charge/Station-in-Charge of the work giving abstract and detailed measurement for the various
items executed during a month, before the expiry of the first week of the succeeding
month. The Engineer-in-Charge / Station-in-charge shall take or cause to be taken the requisite
measurements for the purpose of having the bill verified and/or checked before forwarding
the same to the disbursement office of the Owner for further action in terms of the Contract
and payment thereafter. The Engineer-in-Charge/Station-in-Charge shall verify the bills within 7
days of submission of the Bill by the Contractor.

7.c. RETENTION MONEY


3% 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 t h a t may arise for the period
covered u n d e r 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 (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. STATUTORY LEVIES
7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all taxes, octroi,
rates, cess, levies and statutory payments payable under all or any of the statutes etc.

Variations of taxes arising out of the amendments to the Central / State enactments, in respect of safe of
goods / services covered under this bid shall be to PMHBL’s account, so long as :
• They relate to the period after the opening of the price bid, but before the contracted 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 t h e
i n v o i c e s /documents f o r c l a i m i n g C e n -vat / Input T a x c r e d i t , wherever applicable.
Allcontributions and taxes for unemployment compensation, insurance and old age pensions or annuities
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PETRONET MHB LIMITED. BANGALORE

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 d i s p u t e i n respect of the same but may have recourse to recover/receive
from the concerned authorities on the basis of the Certificate of the Owner issued in that behalf.

7.d.2. The rates quoted should be inclusive of all rates, cess, taxes on works contracts wherever
applicable. However, wherever the taxes on works contract is applicable and is 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 taxes on works contract will be furnished to the
contractor.

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, to enable issuance of
TDS (Tax Deduction at Source) certificate.

7.e. MATERIALS TO BE SUPPLIED BY CONTRACTOR

7.e.1. The Contractor shall procure and provide the whole of the materials required for construction
including tools, tackles, construction plant and equipment for the completion and maintenance of
the works except the materials viz. steel, Cement etc., which may be agreed to be supplied as
provided elsewhere in the contract. The contractor shall make arrangement for procuring such
materials and for the transport thereof at their own cost and expenses.

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.

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/Station-in-Charge for any materials to be used for the works.

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/Station-in-Charge any tests are required to be
conducted on the material supplied by the Contractor, these will be arranged by the Contractor
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promptly at his own cost.


7.f. MATERIALS TO BE SUPPLIED BY THE OWNER

7.f.1. Steel, Cement etc. may be supplied by the Owner to the contractor against payment by Contractor
from either godown or from the Station or within work premises itself and the contractor shall
arrange for all transport to actual work Station 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, cement, etc., received by
him each time he uplifts cement from Owner’scustody.

7.f.4. For all computation purposes, the theoretical cement consumption shall be considered as
per PWD 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 thecontractor 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/Station-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 Station. Cement will be stored in a warehouse at Station. 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 f o r
a n y e x c e s s /under c o n s u m p t i o n o f cement. The p e n a l r a t e will b e 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 Station any cement bags at any time.

7.f.11. The Contractor shal advise Engineer-in-charge/Station-in-charge in writing at least 21 days


before exhausting the Cement stocks already held by Contractor to ensure that such delays do
not lead to interruptions in the progress of work.

7.f.12. Cement shall n o t b e s u p p l i e d b y t h e O w n e r for manufacturing of mosaic tiles, precast


cement jalli and any other bought out items which consume cement and for temporary works.

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PETRONET MHB LIMITED. BANGALORE

7.f.13. Cement i n bags and in good usable condition left o v e r 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 Station at his cost and expenses within 15 days of
completion of the work.

8. PAYMENT OF CLAIMS AND DAMAGES

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.

8.a. ACTION AND COMPENSATION IN CASE OF BAD WORK


If it shall appear to the Engineer-in-Charge/Station-in-Charge that any work has been executed with
bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles
provided by the Contractor for execution of the work are not of standards specified/inferior quality
to that contracted for, or otherwise not in accordance with the contract, the CONTRACTOR shall on
demand in writing from the Engineer-in-Charge/Station-in-Charge or his authorised representative
specifying the work, materials or articles complained of, notwithstanding that the same may have
been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the
work so specified and at his own charge and cost and expenses and in the event of failure to do so
within a period of 15 days of such intimation/ information/knowledge, the Contractor shall be
liable to pay compensation equivalent to the cost of reconstruction by the Owner. On expiry of 15
days period mentioned above, the Owner may by themselves or otherwise rectify or remove and re-
execute the work or remove and replace with others, the materials or articles complained of as
the case may be at the risk and expenses in all respects of the Contractor. The decision of the
Engineer-in- Charge/ Station-in-Charge as to any question arising under this clause shall be final and
conclusive and shall not be raised as a dispute or shall be arbitrable.

8.b. INSPECTION AND AUDIT OF CONTRACT AND WORKS


This project is subject to inspection by various Government agencies of Government of India. The
contractor shall extend full cooperation to all the Government and other agencies in the inspection
of the works, audit of the Contract and the documents of Contract Bills, measurements sheets etc.
etc. and examination of the records of works and make enquiries interrogation as they may deem
fit, proper and necessary. Upon inspection etc. by such agencies if it is pointed out that the contract
work has not been carried out according to the prescribed terms and conditions as laid down
in the tender documents and if any recoveries are recommended, the same shall be recovered
from the contractors running bills/final bill/from ordered /suggested Security Deposit/retention
money. The Contractor shall not rise any dispute on any such account and the same shall not be
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PETRONET MHB LIMITED. BANGALORE

arbitrable.
9. CONTRACTOR TO INDEMNIFY THE OWNER
The Contractor shall indemnify the Owner and every member, officer and employee of the
Owner, also the Engineer-in-Charge/Station-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 subcontractor 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.

10. LIQUIDATED DAMAGES


i. In case of any delay in completion of the work beyond the CDD, the Owner shall be entitled to
be paid Liquidated Damages by the Contractor. The liquidated damages 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 liquidated damages shall be recovered by the Owner out
of the amounts payable to the Contractor or from any 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 LD 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 LD amount shall be applicable).

iv. This final calculation of LD 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 LD 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.

11. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORKS CONTRACT BY OWNER


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 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 any nationalized Bank acceptable to the Owner 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.

12. TERMINATION OF CONTRACT

12.1 The owner may terminate the contract at any stage of the construction / work for reasons to be
recorded in the letter of termination.
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PETRONET MHB LIMITED. BANGALORE

12.2 The Owner inter alia may terminate the Contract for any or all of the following reasons that the
contractor
a) Has abandoned the work/Contract.
b) Has failed to commence the works, or has without any lawful excuse under these conditions
suspended the work for 15 consecutive days.
c) Has failed to remove materials from the Station or to pull down and replace the work
w i t h i n 15 days after receiving from the Engineer written notice t h a t the said materials
or work were condemned and/or rejected by the Engineer under specified conditions.
d) Has neglected or failed to observe and perform all or any of the terms acts, matters or things
under this Contract to be observed and performed by the Contractor.
e) Has to the detriment of good workmanship or in defiance of the Engineer’sinstructions
to the contrary sub-let any part of the Contract.
f) Has acted in any manner to the detrimental interest, reputation, dignity, name or prestige
of the Owner.
g) Has stopped attending to work without any prior notice and prior permission for a period
of 15 days.
h) Has become untraceable.
i) has without authority acted in violation of the terms and conditions of this contract and
has committed breach of terms of the contract in best judgement of the owner.
j) Has been declared insolvent/bankrupt.
k) In the event of sudden death of the Contractor.

12.3 The owner on termination of such contract shall have the right to appropriate the Security
Deposit, Retention Money and to appropriate the same t o w a r d s the a m o u n t s 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
liabilityof the Contractor shall be restricted to 100 % of the total contract value.

2.5 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/Station-in-Charge or any other outside
representatives. Such a measurement shall not be questioned by the Contractor and no dispute
can be raised by the Contractor for purpose of Arbitration.

1.6 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 Station or around the Station 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
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PETRONET MHB LIMITED. BANGALORE

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 and shall give 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 of such termination.

13. FORCE MAJEURE

13.1. Any delay in or failure of the performance of either part hereto shall not constitute default
hereunder or give rise to any claims for damage, if any, to the extent such delays or failure of
performance is caused by occurrences such as Acts of God or an enemy, expropriation or
confiscation of facilities by Government authorities, acts of war, rebellion, sabotage or
fires, floods, explosions, riots, or strikes. The Contractor shall keep records of the circumstances
referred to above and bring these to the notice of the Engineer-in-Charge/Station-in-Charge in
writing immediately on such occurrences. The amount of time, if any, lost on any
of these counts shall not be counted for the Contract period. Once decision of the Owner arrived
at after consultation with the Contractor, shall be final and binding. Such a determined period of
time be extended by the Owner to enable the Contractor to complete the job within such extended
period of time.
13.2. If Contractor is prevented or delayed from the performing any of its obligations under this
Agreement by Force Majeure, then Contractor shall notify Owner the circumstances constituting
the Force Majeure and the obligations performance of which is thereby delayed or prevented,
within seven days of the occurrence of the events.

14. ARBITRATION
Disputes or differences arising out of or in relation to agreement / contract shall be referred to the
Managing Director of the Owner/Purchaser who may either act himself as Sole Arbitrator or nominate
some officer of the Owner/Purchaser to act as an Arbitrator to adjudicate the disputes and differences
between the parties (except those in respect of which the decision of any person is by the contract
expressed to be final and binding).

The contractor shall not be entitled to raise any objection to the appointment of such officer of the
Owner/Purchaser as the sole arbitrator on the ground that the said officer is an officer of the
Owner/Purchaser or that he / she has to deal or dealt with the matter to which the contract relates or
that in the course of duties as an officer of the Owner/Purchaser he / she has / had expressed views
on all or any of the matters in dispute or difference.
In the event of the arbitrator to whom the matter is originally referred to, is transferred or vacates
office, the Managing Director, aforesaid, shall nominate another officer of the Owner/Purchaser to act
as arbitrator.

Such officer nominated as Sole Arbitrator shall be entitled to proceed with the arbitration from the
stage at which the predecessor left it. If is the term of this contract that no person other than the
Managing Director or a person nominated by Managing Director of the Owner/Purchaser shall act as
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PETRONET MHB LIMITED. BANGALORE

Arbitrator.
The award of the arbitrator shall be final, conclusive and binding on all the parties to the agreement
subject to the provisions of the Arbitration and conciliation Act, 1996 and the rules made there under
for the time being in force.
The award shall be made in writing and published by the Arbitrator within six months of entering upon
the reference or within such further time mutually extended by the parties. The arbitrator shall have
power to order and direct the parties to abide by, observe and perform all such directions as the
arbitrator may think fit and proper to issue having regard to the fact that the arbitration proceedings
have to be completed within the specified period solely on the principles of Natural Justice.

The arbitrator shall be at liberty to appoint, if found necessary any accountant or engineering or other
person to assist him / her and to act by the opinion so taken.

The arbitrator shall have power to make one or more awards whether interim or otherwise in respect
of the dispute and differences and in particular shall make separate awards in respect of each claims
or cross claims of the parties.

The arbitrator shall be entitled to direct any of the parties to pay the costs of arbitration in such manner
and to such extent as the arbitrator may in his discretion determine and shall also be entitled to require
one or both the parties to deposit funds in such proportions to meet the arbitration expenses. The
parties to arbitration whenever called upon to do so shall be bound to comply with such direction
without any demur.

Notwithstanding anything contained in any other law, the parties hereby agree that the courts in the
city of Bangalore alone shall have jurisdiction in respect of all or anything arising under this agreement
and any award or awards made by the sole arbitrator hereunder shall be filed in the courts in the city
of Bangalore only.

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SPECIAL TENDER TERMS AND CONDITIONS FOR BIDDER FROM A COUNTRY


WHICH SHARES A LAND BORDER WITH INDIA:
I. Any bidder from a country which shares a land border with India will be eligible to bid in this tender
only if the bidder is registered with the Competent Authority. The Competent authority for the
purpose of registration under this shall be the registration committee constituted by the department
for promotion of industry and internal trade(DPIIT)

II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts) means
any person or firm or company, including any member of a consortium or joint venture (that is an
association of several persons, or firms or companies), every artificial juridical person not falling in
any of the descriptions of bidders stated herein before, including any agency branch or office
controlled by such person, participating in a procurement process.

III. “Bidder from a country which shares a land border with India” for the purpose of this Order means:-

a. An entity incorporated, established or registered in such a country; or


b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered in such
a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls under
any of the above

IV. The beneficial owner for the purpose of (iii) above will be as under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person, has a
controlling ownership interest or who exercise control through other means.
Explanation-

a. “Controlling ownership interest” means ownership of or entitlement to more than twenty-


five percent of shares or capital or profits of the company;

b. “Control” shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management
rights or shareholders agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting
alone or together, or through one or more juridical person, has ownership of entitlement to more
than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person, has

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PETRONET MHB LIMITED. BANGALORE

ownership of or entitlement to more than fifteen percent of the property or capital or profits of
such association or body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the
relevant natural person who holds the position of senior managing official;

5. In case of a trust, the identification of beneficial owner(s) shall include identification of the author
of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and
any other natural person exercising ultimate effective control over the trust through a chain of
control or ownership.

V. An Agent is a person employed to do any act for another, or to represent another in dealings with
third person.

VI. The successful bidder shall not be allowed to sub-contract works to any contractor from a country
which shares a land border with India unless such contractor is registered with the Competent
Authority.

Model Certificate for Tenders

“I …………………………………………….have read the clause regarding restrictions on procurement from a


bidder of a country which shares a land border with India; I certify that this bidder is not from such a
country or, if from such a country, has been registered with the Competent Authority. I hereby certify
that this bidder fulfils all requirements in this regard and is eligible to be considered. [Where
applicable, evidence of valid registration by the Competent Authority shall be attached.]”

Model Certificate for Tenders for Works involving possibility of sub-contracting

“I ……………………………………………………….have read the clause regarding restrictions on procurement


from a bidder of a country which shares a land border with India and on sub-contracting to contractors
from such countries; I certify that this bidder is not from such a country or, if from such a country, has
been registered with the Competent Authority and will not sub-contract any work to a contractor from
such countries unless such contractor is registered with the Competent Authority. I hereby certify that
this bidder fulfils all requirements in this regard and is eligible to be considered. [Where applicable,
evidence of valid registration by the Competent Authority shall be attached.]”

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Annexure-A
Camera BOM at Station MLR Jurisdiction Neriya Jurisdiction Analytics Features
Automatic
number- Man Laying Man Panel
BASIC plate PPE Illegal Vehicle down on Movement Parked Door Intrusion
Sl.No Location Camera Type MLR SV1 SV2 NER SV3 SV4 Features recognition Fire & Safety Detection Parking Count the floor Tracking vehicle Detection Detection
1 SV/IP Station Electrical Room Fixed Dome Camera 0 1 1 0 1 1 4 0 4 0 0 0 0 0 0 4
2 SV/IP Station Compound wall Fixed Bullet Camera Varifocal 0 2 2 0 2 2 8 0 0 0 0 0 0 0 0 8
3 Control Room PTZ Used as Dome fixed 1 0 0 1 0 0 2 0 0 0 0 0 0 0 0 2
4 SV/IP/Main Inside Security Room Fixed Dome Camera 1 1 1 1 1 1 6 0 0 0 0 0 0 0 0
5 Inside PLC Room Fixed Dome Camera 2 0 0 0 0 0 2 0 2 0 0 0 0 0 0 2
6 Main gate ANPR Fixed Varifocal Camera 1 0 0 1 0 0 2 2 0 0 0 0 0 0 0
7 Metering Area Fixed Dome Camera Varifocal 2 0 0 2 0 0 4 0 4 4 0 0 4 0 0
8 SV Station Cage/IP Maingate Fixed Camera bullet Varifocal 0 1 1 0 1 1 4 0 4 0 0 0 0 0 0
9 SV/IPTop PTZ PTZ 0 1 1 0 1 1 4 0 4 0 0 0 0 0 0
10 Main gate PTZ/Fixed Used as fixed 1 0 0 1 0 0 2 0 0 0 0 2 0 0 0
11 Metering Area from Building top PTZ with Presets 1 0 0 1 0 0 2 0 2 0 2 0 0 2 2
12 Emergency Exit Covering Compound wall PTZ with Presets 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1
13 Outside Conference Hall PTZ with Presets 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0
14 Inside Substation PTZ with Presets 2 0 0 2 0 0 4 0 4 4 0 0 0 0 0 4
15 Main Line Pumphouse PTZ with Presets 1 0 0 1 0 0 2 0 2 0 0 0 2 0 0 2
Total Cameras 14 6 6 10 6 6 48 2 26 8 2 2 6 2 2 14 9
Total Cameras Jurisdiction wise 26 22
Total Cameras 48

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