Professional Documents
Culture Documents
Part No. 05) 6684-Ppm-103-Ca-0005-Itb
Part No. 05) 6684-Ppm-103-Ca-0005-Itb
Rev 01 Page 1 of 42
Rev 01 Page 2 of 42
1.0 INTRODUCTION
2.0 COST OF BIDDING
3.0 SITE LOCATION / SITE VISIT
4.0 BIDDING DOCUMENTS
5.0 AMENDMENT OF BIDDING DOCUMENTS
6.0 LANGUAGE OF BIDS
7.0 PREPARATION / SUBMISSION OF THE BIDS
8.0 BIDS ON CONSORTIUM BASIS
9.0 DELETED
10.0 CURRENCIES OF BID AND PAYMENT
11.0 BID SECURITY
12.0 PERIOD OF VALIDITY OF BIDS
13.0 NUMBER OF BIDS
14.0 PRE-BID MEETING
15.0 FORMAT AND SIGNING OF BID
16.0 BIDDING DOCUMENTS AND DEVIATIONS
17.0 SUBMISSION OF BIDS
18.0 DEADLINE FOR SUBMISSION OF BIDS
19.0 DELETED
20.0 PRICES TO BE IN FIGURES AND WORDS
21.0 CORRECTIONS
22.0 LATE BIDS/ UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE
23.0 MODIFICATION AND WITHDRAWAL OF BIDS
24.0 OPENING OF BIDS BY OWNER
25.0 CLARIFICATION OF BIDS
26.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS
27.0 BID EVALUATION CRITERIA
28.0 COMPLETE SCOPE OF SUPPLIES / WORK
29.0 MEETING WITH BIDDERS PRIOR TO OPENING OF PRICE BID
30.0 OPENING OF PRICE BIDS
31.0 EVALUATION AND COMPARISON OF PRICES
32.0 DISCHARGE OF EFFLUENTS
33.0 REBATE
34.0 CONTACTING OWNER
35.0 OWNER’S RIGHT TO ACCEPT/REJECT BIDS
36.0 NOTIFICATION OF AWARD
37.0 CONTRACT AGREEMENT
38.0 SIGNING OF CONTRACT
39.0 SECURITY DEPOSIT
40.0 PRICE OF BIDDING DOCUMENT
41.0 CONFIDENTIALITY OF DOCUMENTS
42.0 INFORMATION TO BE FURNISHED BY FOREIGN CONTRACTORS
43.0 FRAUDULENT PRACTICES
44.0 THIRD PARTY INSPECTION AGENCIES
45.0 CHECKLIST FOR SUBMISSION OF BID
46.0 VENDOR LIST
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 3 of 42
1.0 INTRODUCTION
1.1 Indian Oil Corporation Limited (“IOCL”) is India’s largest refining & marketing
company and a Fortune “Global 500” company engaged in the business of
refining, transportation and marketing the Petroleum products.
1.2 IOCL (i.e. OWNER) intends to set up Indmax FCC Unit alongwith associated
facilities at Bongaigaon Refinery, Dist. Chirang, Assam, India. This project is
known as “Indmax” Project. IOCL have retained thyssenkrupp Industrial
Solutions (India) Private Limited (TKIS-India) (Formerly Uhde India Private
Limited) as their Project Management Consultant (PMC) for implementation of
the above Project.
1.3 Based on the execution considerations, the above project is split into three LSTK
packages: a) LSTK 1, b) LSTK 2 & c) LSTK 3.
LSTK3 : LPG Storage & Despatch facilities and Offsite & Utilities
1.6 TKIS-India for and on behalf of IOCL invites Sealed Bids under single stage two
envelope bid system, for the entire work covered under the Bidding Document
(hereinafter referred as Work). All bids are to be completed and returned in
accordance with and within the time provided in these Instructions to Bidders.
1.7 Please refer Document No. 6684-LAY-G00-LD-0001 (Overall Plot Plan) for
overview of split between LSTK 1, LSTK 2 & LSTK 3.
The Bidder shall bear all costs associated with the preparation and delivery of
its bid including (but not limited to) costs and expenses related to visits
to the site(s) and other locations, and the cost of any tests, investigations,
evaluations and consultations. The OWNER/PMC shall in no case be
responsible or liable for any costs regardless of the outcome of the bidding
process.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 4 of 42
3.2.1 The bidder is advised to visit and examine the site of works and its surroundings
and obtain for itself on its own responsibility all information that may be
necessary for preparing the bid and entering into the Contract. Claims of
any kind due to variation or ignorance of site conditions and
environmental conditions will not be eligible in any circumstances.
3.2.2 The bidder and any of its personnel or authorized representatives will
be granted permission by the OWNER to enter upon its premises and lands for
the purpose of such inspection. It is understood that as an implicit condition of
such permission, the bidder, its personnel and/or authorized
representative(s) shall be understood to have released and indemnified the
OWNER and its personnel from and against all liability in respect thereof and
to have assumed all responsibility for personal injury (whether fatal or
otherwise), loss of or damage to person or property and any other loss,
damage, cost and expenses incurred as a result of such visit, including those
sustained by any negligence or other act of tort on the part of the OWNER
and/or its personnel and Consultants. During such visits the Bidder shall abide
by all the rules and regulations, as applicable.
Rev 01 Page 5 of 42
Bidders are requested to note the following with regard to entry of Foreign
Nationals to Refinery Premises in relation to subject tender :
(A) IOCL has various operating refineries in India including the Refinery at
Bongaigaon in the State of Assam.
It may please be noted that all the Refineries are declared as “prohibited
place” under Official secrets Act 1923, where entry of personnel is
restricted/conditioned.
It may also be noted that the visa to be issued by Government of India
normally contains the clause towards no permission for entry/visit to such
place, a default condition, which, if not removed/struck-off by visa issuing
authorities, will create impediment/restriction in movement of personnel of
foreign origin deployed at a particular Refinery, to carry out an activity in
terms of engagement/contract with M/s Indian Oil Corporation Limited
The same should be kept in mind while submitting request for issue of visa
by your office.
Visa should be business visa (Tourist visa is not allowed for visit of
Refinery) and moreover the visa issuing authority to be requested for
allowing them access to Restricted /Prohibited area/ Place like Refinery
while applying for their Visa in their respective home country.
In case his/her visa has a stamp for not allowing access to protected
area, special permit needs to be obtained by the Foreign Nationals
from Home Ministry of Govt. of India in the required special permit forms
of the Govt. of India.
(B) The required permits shall be furnished for the approval of ED, IOCL,
Bongaigaon Refinery.
Rev 01 Page 6 of 42
drawings and other documents and to fully familiarize itself with the
requirements of the Bidding Documents. Failure to furnish all the information
required by the Bidding Documents or the submission of a bid not
substantially responsive to the Bidding Documents in every respect may
result in the rejection of the Bid.
Throughout this Bidding Documents, the term "bid" and "tender" and their
derivatives ("bidder/ tenderer", "Bid/tender", "bidding/tendering", etc.)
are synonymous, and day means calendar day. Singular also means plural.
Bidders to note that that all communication will be done through E-tendering
portal only & no cognizance will given to the communication made outside E-
tendering portal. Bids shall be accepted only though e-Tendering portal. No
manual bid shall be permitted along with electronic bids. In case of receipt of
manual bids apart from specifically requested offline documents in the
tender, same shall be returned to the Bidder. Additional documents received
through email shall be ignored for the purpose of evaluation unless specified
in tender stipulations.
Bidder should ensure to download the Bid Document using their DSC
approved (issued by approved agency operating under the Root Certifying
Authority of India (RCAI), licensed by the Controller of Certifying Authorities
of India (CCA) and not through the guest login. This is to ensure that the
alerts of all the Corrigendum/Addendum reach to them. However,
irrespective of the alerts, it is the Bidder‘s responsibility to check the E-
tendering portal from time to time for any Corrigendum/Addendum to
Tender Documents and take note of the same before submitting their Bid.
5.1 At any time prior to the deadline for submission of bids as well as up to priced
bid opening, the OWNER/PMC may, for any reason whether at its own
initiative or in response to a clarification or modification requested by
any prospective Bidder(s), modify the Bidding Documents.
5.2 Any Amendment thus issued shall be part of the Bidding Documents and shall
be binding on all Bidders. The Amendment will be hosted on the IOCL’s E-
Tendering Portal https://iocletenders.gov.in/nicgep/app .
Rev 01 Page 7 of 42
6.1 The Bid prepared by the bidder, all documents attached to and/or relating to
the bid and all correspondence exchanged by the Bidder and the OWNER,
shall be written in English language only.
6.2 Any printed literature furnished by the bidder may be written in another
language provided that this literature is accompanied by an authenticated
English translation, in which case, for purpose of interpreting the Bid, the
English translation shall govern.
6.3 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.
7.1 No Physical Bid shall be permitted. The Bids submitted online through IOCL’s E-
Tendering Portal ( https://iocletenders.gov.in/nicgep/app) only shall be
considered for evaluation and ordering. Bidders are required to upload the Bid
along with all supporting documents including Priced Bid on the IOCL’s E-
Tendering Portal https://iocletenders.gov.in/nicgep/app only.
7.2 However, Bidders shall submit the following documents in ORIGINAL within
Seven (7) calender days from the date of Un-priced Bid Opening :
•Original EMD/EMD/Bid Security as per Clause No. 11.0 below.
•Original Power of Attorney , Memorandum of Understanding
•Original Integrity Pact.
•Any other document to be submitted in original as per Bidding
Document.
The address for submission of original documents is as follows :-
Rev 01 Page 8 of 42
Vikhroli West,
Mumbai – 400 083
India
7.1 Deleted.
7.2 The bidder is required to make a proposal in a format as outlined below in order to
achieve the objective of maintaining a uniform proposal structure from all bidders. The
bids shall be submitted strictly as per the instructions of ITB
7.3 The E-Bid shall be submitted in three parts viz. PART-1, PART-2 & Part-3 respective
folders provided in the website :
However, Bidders are required to submit the following documents in original in the
manner prescribed in the Bidding Document in sealed envelope titled “Original
Documents for respective Bidding Document No. “ and shall be send to thyssenkrupp
Industrial Solutions (India) Pvt Ltd., Procurement Department, Uhde House, LBS
Marg, Vikhroli West, Mumbai – 400 083, India.
Rev 01 Page 9 of 42
SECTION-II:
i) Deployment Schedule of construction equipment, tools & tackles
proposed for execution of work as per PROPOSAL FORM-C
ii) Methodology of Execution as per PROPOSAL FORM-D.
iii) Details o f p r o p o s e d O r g a n i z a t i o n f o r H o m e a n d S i t e Office.
as per PROPOSAL FORM-E
iv) Deployment Schedule of Supervisory personnel & Construction
Workers, as per PROPOSAL FORM-F.
v) Project Schedule in the form of Bar Chart.
vi) Project procurement procedure and methodology
vii) Risk Management plan
viii) Stake holder management plan
SECTION-III:
i) Details of concurrent commitments as per PROPOSAL FORM-N.
ii) Declaration about Bidder’s Income Tax Liability in India as per PROPOSAL
FORM-G.
iii) Solvency Certificate from Bidders’ bankers. Date of issue of this certificate
should not be earlier than 6 months from due date of opening of Techno-
commercial part.
iv) Financial Details including Audited balance sheet and P&L account for
the preceding three financial years, as per PROPOSAL FORM-H.
v) Information about any Current Litigation/Arbitration, if any, in which bidder is
involved as per PROPOSAL FORM I.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 10 of 42
vi) Level of int er-linkages & holding structure with group companies.
(Above Documents to be submitted separately for each member of
consortium, in case of bids on consortium basis)
vii) Partnership Deed in case of partnership firm, OR Memorandum & Articles of
Association in case of limited companies.
viii) Business opinion/credit rating from an independent credit rating agency.
SECTION-IV:
i) Reply to Commercial Questionnaire.
ii) Blank Unpriced copy of Schedule of Lumpsum Prices along with
preamble, duly stamped & signed on each page.
SECTION-V:
i) Technical Details/ documents specified under “Technical“
ii) Reply to Technical Questionnaire.
SECTION-VI:
SECTION-VII:
i) Any other information required in the Bidding Documents or
considered relevant by the Bidder, including declaration in PROPOSAL
FORM K with regard to non-involvement of Agents.
ii) Proforma of Declaration of Black Listing / Holiday Listing duly signed &
stamped by the Bidder.
SECTION-VIII:
i) Declaration in PROPOSAL FORM L- Format of Letter of Waiver of
conditions / deviations.
SECTION-IX:
i) Quality Assurance: A brief description of the bidder’s QA system and
a statement detailing how QA will be implemented for the Project.
SECTION-X:
i) Check-List as per enclosed format.
SECTION XI
i) One complete set of tender documents / addendums, if any, duly signed
and stamped on each page in token of Bidder’s acceptance
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 11 of 42
For convenience, the Bid shall be compiled in the form of specific Sections
conforming to the above. In case of non-submission of above documents or
submission of incomplete documents, the OWNER/PMC reserves the right not
to evaluate such offers further and not to enter into correspondence in this
regard after opening the Techno-commercial / Unpriced Bid.
This part shall not contain any condition whatsoever failing which the Bids
shall be liable to be rejected.
Bidder should quote their Price only in the Excel Sheet of the Priced Bid
Format provided. Rates quoted in modified BoQ, scanned copy of BoQ,
Additional sheet added by Bidder in BoQ or at any other place will not be
considered for evaluation & such offers are liable for rejection.
7.4 Although all the details presented in this Bidding Document have been compiled
with all reasonable care, it is the Bidder’s responsibility to ensure that the
information provided is adequate and clearly understood.
7.5 The bid requirements are explicitly stated in the Bidding Documents. The Bidder
is required to study these requirements in detail & make a proposal in an
outline as defined above completely meeting these requirements. The offer
must be complete in all respects, leaving no scope for ambiguity. It is in
the interest of the Bidder to submit a complete & comprehensive proposal
leaving no scope for OWNER/PMC to raise or ask for any further questions
or clarifications, with a view that the proposal may be evaluated only on
the basis of what has been submitted by the bidder in the first instance in
order to adhere to a very strict project schedule. Bidder’s quotation is the
responsibility of the bidder and no relief or consideration can be given for
errors and omissions.
7.6 For the purpose of these documents the terms “bid” and “tender”,
“bidding” and “tendering” and other similar expressions are synonymous.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 12 of 42
7.7 Also, “Bid Document”,"Tendering Document” and “Bidding Document” and similar
expressions are synonymous.
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8.5 All the members of the Consortium shall be jointly and severally responsible
for the Performance of the CONTRACT in accordance with its terms and
a statement to this effect shall be deemed to be included in the authorization
mentioned under 8.3 above as well as in the Bid and shall be
specifically included in the Form of Contract (in the case of successful bid).
8.6 It should be expressly understood that the Consortium composition and basis of
agreement shall not be permitted to alter after Pre-Qualification
9.0 DELETED
Rev 01 Page 14 of 42
iii) Indian bidders may quote the prices for materials and services to be
imported into India in a n y t w o Foreign Currency ( either in US Dollars
or in Euro or in GBP or in Japanese YEN ). Such bidders quoting in
foreign currency shall separately indicate in a list the materials and
services to be imported into India and the Foreign Currency price
payable for such materials and services. However, for evaluation
purposes, the bid price shall be converted to Indian Rupees by
converting the Foreign Currency into Indian Rupees at the Bill selling
rate of State Bank of India, New Delhi prevailing on the day of opening
of the price bid submitted with original bid or the revised price bid (but
not the price implication), if any, whichever is later.
Rev 01 Page 15 of 42
for such supplies or services, and the cenvatable taxes and duties paid by the
CONTRACTOR on such supplies and services. Any change in such sourcing
shall be subject to the OWNER’s prior consent. However, in such a case, the
CFR / CPT price indicated in the Contract shall stand reduced by the price
attributable to such supplies.
10.4 If in the performance of the Contract the successful bidder obtains or procures
from outside India any materials or services which at the time of the bid were
indicted to be procured or provided from within India, such bidder shall be
paid only the Indian Rupees indicated in the Bill of Materials or in the Schedule
of Activities, as the case may be, for such materials or services. However,
such changes shall not oblige the OWNER to pay customs duties (including
counter- vailing duties and special or additional customs duties) in excess of
such duties payable on the CFR / CPT value of imported materials
indicated by the Bidder in the respective FORM SP-1. Any change in such
sourcing shall be subject to the OWNER’s prior consent.
10.6 DELETED
10.7 DELETED
10.8.2 In case a bidder quotes a foreign currency component more than 40% (forty
percent) of the lumpsum price, the differential amount of the foreign currency
in excess of 40% (forty percent) shall be converted into Indian Rupees
at the relative currency TT buying rate of the State Bank of India, New Delhi
prevailing on the day of price bid opening, which shall be paid in the Final
Bill in the price of services.
10.8.3 For the purposes of calculating the said percentage, the foreign currency shall
be converted into Indian Rupees at the TT buying rate of the State Bank of
India, New Delhi for t h e relative currency, on the due date of submission
of p r i c e d bid/ revised price bid, whichever is later.
10.9.1 OWNER shall deal directly with the CONTRACTORS abroad without involving
any agent. Each bidder shall be required, along with the bid to give a
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 16 of 42
11.2 The EMD/Bid Security shall be in the form of non-revocable Bank Guarantee
in the prescribed pro-format, from the panel of Banks as mentioned in Annexure
2 - to SCC (Part B) of LSTK Contract, and in a format acceptable to the OWNER. The
Bid Security shall be valid for 2 (two) months beyond the validity of the bid
specified in the Bidding Document (including any extensions thereof). The
Indian Bidders shall submit EMD / Bid Security in INR. Overseas Bidders shall
submit the EMD/Bid Security only in US Dollars.
11.5 EMD exemption will also be applicable to industries covered under MSME Act,
2006 ( or erstwhile NSIC registered parties ) .
Following Documents shall be submitted by MSEs along with un-priced bid to
avail the exemption:
a. Micro & Small Enterprises (MSEs) registered with agencies/ bodies as per
Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012
issued by Ministry of Micro, Small and Medium Enterprises, Gov. of India,
irrespective of the items for which they are registered with the said agencies
/ bodies. The certificate issued by the said agencies/bodies shall be valid
on the date of opening of tender.
Rev 01 Page 17 of 42
11.8 The Bank Guarantee by way of bid security shall be correspondingly extended
if the validity of the bid is extended.
12.2 Notwithstanding the above, the OWNER may solicit the bidder’s consent to
an extension of the period of bid validity. The request and the responses
thereto shall be made in writing.
12.3 If the bidder agrees to the extension request, the validity of the bid security shall
also be suitably extended.
12.4 A bidder may refuse the request for extension of validity of the Bid. In such
case bidder will be allowed to withdraw his bid without forfeiting his bid
Security.
12.5 A bidder accepting the request for extension shall not be permitted to modify
his bid including change in prices because of the extension, unless specifically
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 18 of 42
invited to do so. If a Bidder still deviates or changes prices, its bid shall be
rejected.
14.4 The CONTRACTOR shall provide execution methodology for the LSTK
Project covering detailed engineering, procurement, logistics, construction,
installation and commissioning etc. The CONTRACTOR shall give Power
Point presentation to the PMC/OWNER, explaining the execution
methodology at PMC/OWNER’s office. All presentation related costs shall be
borne by the CONTRACTOR.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 19 of 42
15.4 The Bidder shall sign and affix its seal on all pages of the Priced bid.
16.2 It is expected that bidders will submit bids based strictly on the terms and
conditions and specifications contained in the Bidding Documents and will not
stipulate any deviations. Bidders shall confirm compliance to Proposal as per
FORM L. Should it, however, become unavoidable, deviations should be
separately and specifically stipulated only in the prescribed Proposal FORM-J.
OWNER/PMC reserves the right to reject as non-responsive any bid containing
unacceptable deviation(s).
Rev 01 Page 20 of 42
18.2 The OWNER/PMC may, at their discretion, extend the deadline for the
submission of bids by amending the Bidding Documents, in which
case all rights and obligations of the OWNER and bidders previously
subject to the deadline, will thereafter be subject to the deadline as extended.
19.0 DELETED
21.1 Bidders are required to fill in the tender documents with due care so as to avoid any
cuttings/corrections/alterations in the entries made in the tender papers.
21.2 In case any corrections are required, the original writings shall be neatly cut/ penned
through and re-written nearby. No overwriting or erasure of original writings by use of
‘Correcting fluid’ or the like is permitted. In case any erasure using ‘ correcting fluid’ is
found, the Bid shall be liable to be rejected.
21.3 All cuttings/ corrections/ alterations shall be signed in full by the tenderer with date.
Numerical figures shall be written both in figures as well in words.
22.2 Unsolicited bids or bids being submitted to address other than one specifically
stipulated in the bid documents will not be considered for opening / evaluation
/ award.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
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23.2 No bid shall be modified subsequent to the deadline for submission of bids.
23.3 No bid shall be allowed to be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by
the bidder. Withdrawal of a bid during this interval shall result in the forfeiture
of bidder's EMD/Bid security.
23.4 There are two specific features on Portal viz. “Withdraw” and “Re-
Submission”. Bidders should not use the feature “withdraw” unless they have
decided to withdraw their bids. It is to be noted that once “withdraw” is used
they will not be allowed to re-submit their bid against this Bidding Document.
In case a Bidder desires to change hid bid for any reason before bid due date,
Bidder shall use “Re-Submission” feature.
24.2 The Bidder’s names and the presence or absence of the requisite Bid
Security, and such other details as the OWNER/ PMC may, at their discretion
consider appropriate, will be announced and recorded at the opening.
25.2 If desired by the OWNER/PMC, the Bidder shall give presentation on salient
features of his bid including but not limited to Project Execution Methodology.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
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27.3 The Bid is liable for rejection on any of the following grounds also:
If the Bidder :
a. stipulates his own conditions or stipulates unacceptable terms &
conditions.
b. does not furnish with his bid, the CV’s of his key personnel meeting
the requirements stipulated in Appendix – 4 to SCC (Part-A) of the
LSTK contract and does not confirm in his bid that he shall deploy the
key personnel in accordance with the stipulation of the
Bidding Document.
c. does not fill in and sign the tender form as well as the schedule of
rates, annexures, etc.
d. does not agree, in his bid, to make available sufficient number of
manpower and machinery required for satisfactory and timely
execution of the work.
e. does not quote as per the requirement of Bid document.
f. does not have his PF Code Number from the Regional Provident Fund
Commissioner (applicable for Indian Bidders).
g. stipulates the validity period less than what is stated in the Bidding
Document.
h. quotes partly.
i. Submits the tender which is not as per the Bidding Document format.
j. does not submit acceptable instruments towards EMD alongwith
technical/commercial bid, but submits with the price bid in the case of Two
Bid System of Tendering.
28.1 The complete scope of supplies and work/services has been defined in
the Bidding Documents. Only those bidders who take complete responsibility
and who bid for the complete scope of supplies and work/services as
contained in the Bidding Document shall be considered for further evaluation.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 24 of 42
Bidders shall submit their Bids with the details of such proposed Sub- Contractors
in line with requirement of SCC
28.4 The Bidder shall along with the bid furnish its Project Execution Plan, which shall
be evaluated for technical acceptability of the Bids.
28.5 The Project Execution Plan shall be submitted as per following basic
guidelines:
28.5.2 Bidder shall identify the key persons responsible for the above activities of
work by identifying the relevant persons and submitting the bio-data
of such Personnel:
Project Management
Project Director
Project Manager at Contractor’s home office
Project Manager for this work stationed at site
Project Co-ordinators
Planning, Scheduling, Monitoring
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 25 of 42
Bidder shall furnish the bio-data of all key personnel as mentioned above
who are working within Bidder’s Organization.
28.5.3 Bidder shall submit a commitment from its Chief Executive that the Project
Progress Schedule shall be monitored by its Board and all actions required to
arrest the failure/delays shall be initiated by them at the appropriate time.
Such action plan document shall be sent by the CONTRACTOR’s home office
to the Executive Director/ OWNER.
28.5.4 Bidder shall ensure that the Project Execution Plan submitted by it are
adequate for completing the work in all respects. All details as mentioned
above shall be submitted along with Bid in the first instance.
28.6 Project Execution Plan shall be evaluated by the OWNER/PMC and in case the
same is not found adequate for this work, such Bid(s) shall be treated
Technically Not Acceptable and such Bid(s) shall not be considered for price
opening.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 26 of 42
28.7 The details of concurrent commitments submitted by the Bidder with his bid
shall be reviewed by the Owner / PMC. The Owner / PMC reserve the right to
visit the Bidder’s office(s) to determine for themselves, whether, in light of the
bidder‘s concurrent commitments, he can execute the job covered in this
Bidding Document within the stipulated completion schedule. Owner / PMC
reserve the right to reject the bid of any bidder, if in their opinion, such bidder
will be unable to satifactorily execute the above job as per the requirements of
this Bidding Document.
29.2 Waiver of deviations and conditions (if any) as per PROPOSAL FORM L, should
be submitted by the Bidders before the opening of the Priced Bid failing which
the Priced Bid of concerned Bidder shall not be opened.
30.2 The price bids for technically and commercially acceptable Bidders will
be opened in the presence of Bidder’s representative who choose to attend,
on the date and time to be intimated. The bidder’s name, bid price and such
other details as the OWNER at its discretion may consider appropriate, will be
announced at the opening of price bids.
(b) Loading for the price quoted by Bidder in Form SP-4 for Post Warranty
Comprehensive Annual Maintenance Charges (PWCAMC) of following
equipments for five years :-
Rev 01 Page 27 of 42
(c) Loading of CST, Excise Duty, VAT, Service Tax & Customs Duty as
mentioned in Form SP – 3.
(i) Power:
L= (PG-PL) X CX DF X 8000
Where:
L = Loading on Bidder’s price for power.
Rev 01 Page 28 of 42
31.2 To facilitate evaluation and comparison of prices, the OWNER will convert all
bid prices expressed in Foreign Currency into Indian Rupees at selling rate of
the concerned foreign currency declared by the State Bank of India, New Delhi
on the date of opening of price Bids.
33.0 REBATE
33.1 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.
Rev 01 Page 29 of 42
award of work or has in place any such arrangement which will become
operative upon the award of work, the bidder must make a complete
disclosure of such arrangement or proposed arrangement in its proposal,
and all provisions applicable to sub-contractor(s) in terms of Bidding
Documents shall apply to such arrangements.
35.3 If the existence of such an undisclosed arrangement is reasonably apprehended
by the OWNER/PMC in the case of a bidder, the OWNER/PMC may reject
such bidder’s bid as not responsive.
35.4 If such an undisclosed arrangement is discovered after the award of work,
such arrangement(s) shall be deemed to constitute an assignment of contract
and a ground of termination pursuant to the provisions of termination
under the General Conditions of Contract.
35.5 The OWNER shall not be obliged to award the Contract to the lowest evaluated
bidder if the OWNER apprehends that it will not be in the interest of the
OWNER or the work to award the Contract at the lowest evaluated price or to
the lowest evaluated bidder.
35.6 Negotiations will not be conducted with the bidders as a matter of routine.
However, IOCL reserves the right to conduct negotiations.
35.7 After opening of price bid if the Bidder increases the price, though within
the validity period, and even though bid remains the lowest, the same will be
rejected.
Rev 01 Page 30 of 42
h) Letter of waiver
37.3 Any deviations or stipulations made and accepted by the OWNER after
acceptance of the bid shall be treated as amendment(s) to the Contract
and shall be governed by the conditions relating to amendment of Contract.
Rev 01 Page 31 of 42
i) PAN Number as per the Indian Income Tax requirements failing which the
CONTRACTOR shall be responsible for any additional tax deduction at source
as per the provisions of the Indian Income Tax Act/Rules, and the same shall
be deducted from the payment made to CONTRACTOR.
ii) Tax Residency Certificate (TRC) containing prescribed particulars as per the
enclosed Annexure-1 to ITB from the Government of foreign country in
order to claim the benefits of DTAA as per the Indian Income Tax
requirements failing which the relief under DTAA will not be available and
consequently the higher prevailing applicable rate of withholding tax will be
deducted from the payment made to CONTRACTOR (i.e., non-resident
taxpayer). The TRC shall be duly verified by the Government of the country
of which the assessee claims to be a resident for the purposes of tax.
iii) In addition to TRC, Bidder shall also submit s u c h additional information as
required under the various provisions of Indian Income Tax Rules Form
number 10F (enclosed as Annexure-2 to ITB). Form 10F has to be signed &
verified by the assessee himself.
43.2 The OWNER will reject a bid for award if it determines that the
bidder recommended for award has engaged in fraudulent practices in
competing for the Contract in question.
Bidder is 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/ forged, the same shall be considered adequate
ground for rejection of bids and forfeiture of Earnest Money Deposit.
Rev 01 Page 32 of 42
43.4 In case, this issue of submission of false document comes to the notice after
execution of work, OWNER shall have full right to forfeit any amount due to the
Bidder/Vendor/Contractor along with forfeiture of CPBG/Security Deposit
furnished by the Bidder/Vendor/Contractor.
44. THIRD PARTY INSPECTION AGENCIES AND ALL INSPECTION AND TESTING
CHARGES
The quoted prices shall be inclusive of third party inspection charges of IOCL
Approved TPI Agency, and the charges for all inspection and all testing
requirements specified in the Bidding document. The following Third Party
Inspection Agencies are approved by IOCL:
Contractor may select any of the above mentioned IOCL approved TPI
Agencies. However, in the event any of the above agencies or their
parent/subsidiary company is awarded the above LSTK Contract covered in this
Bid document, then that agency shall not function as TPI agency for this Project.
The TPI charges shall be paid by Contractor directly to the TPI Agency. Bidder’s
quoted prices shall be inclusive of TPI charges and the charges for all inspection
and all testing requirements specified in the Bidding document.
In case any bidder quotes extra for TPI charges or charges for all inspection and
testing specified in Bidding Document, his offer is liable to be rejected.
45.1 To assist Bidder in ensuring the completeness of bid, a checklist for submission of various
documents/details in un-priced commercial part of bid', has been enclosed.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 33 of 42
45.2 Bidder is required to fill the checklist and submit along with the bid for ready reference.
46.1 Vendor List included by OWNER/PMC in the Bidding Documents should be followed
by the Bidder for enquiry and order placement, without any deviation.
However, if any item which is required for execution of the Project is not included in the
above Vendor List then the CONTRACTOR shall propose vendors for such items to the
OWNER/PMC for their prior approval, along with the Proven Track Record (PTR) of the
selected Vendors.
With regards to the Vendor (s) on OWNER / PMC’s Holiday List, OWNER / PMC shall provide
feedback from time to time to the CONTRACTOR and CONTRATOR shall comply and initiate
necessary action, wherever required, without any claim for time extension or any cost
implication.
XXXXXXXXXXX
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 34 of 42
6. PERMANENT ADDRESS :
Rev 01 Page 35 of 42
Annexure -1
Tax Residency Certificate (TRC) obtained by the Non-resident from Government of foreign
country shall contain the following particulars :
Rev 01 Page 36 of 42
Annexure-2
Rev 01 Page 37 of 42
Verification
I. . . . . . . . . . . . . . . . . . . do hereby declare that to the best of my knowledge and belief
what is stated above is correct complete and is truly stated.
Verified today the . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . .
Signature of the person providing the information
Place: . . . . . . . . . . . . . . . . . . .
Notes :
1. *Delete whichever is not applicable.
2. #Write N.A. if the relevant information forms part of the certificate referred to in sub-
section (4) of section 90 or sub-section (4) of section 90A.
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 38 of 42
I hereby declare that neither I in my personal name or in the name of my Proprietary concern M/s.
………….. which is submitting the accompanying Bid / Tender nor any other concern in which I am
proprietor nor any partnership firm in which I am involved as a Managing Partner are currently
placed on black list or holiday list declared by Indian Oil Corporation Limited or its Administrative
Ministry, except as indicated below :
(Give particulars of black listing or holiday listing and in absence thereof state “NIL”).
I, hereby do further declare that the following notice(s) have hitherto been issued against proposed
action for holiday / black listing and/or the following action for holiday listing / black listing has
hitherto been taken, as the case may be, by Indian Oil Corporation Ltd. or its Administrative
Ministry in my personal name or in the name of any proprietary concern of mine or against any
partnership firm of which I was or am the managing partner.
We, hereby declare that neither we, M/s. …………………… submitting the accompanying Bid /
Tender nor any partner involved in the management of the said firm either in his individual capacity
or as proprietor of any concern or as partner of any firm in which he/she was a Managing Partner,
are currently placed on Black List or Holiday List declared by Indian Oil Corporation Limited or its
Administrative Ministry, except as indicated below:
(Give particulars of black listing or holiday listing and in absence thereof state “NIL”).
We _____________ hereby further declare that the following notice(s) have hitherto been issued
against proposed action for holiday / black listing and or the following action for holiday listing /
black listing has hitherto been taken as the case may be, by Indian Oil Corporation Ltd. or its
Administrative Ministry against the above firm or any partner involved in the management of the
firm in his individual capacity or as proprietor of any concern or as Managing Partner of any firm.
Rev 01 Page 39 of 42
We hereby declare that we are not currently placed on any holiday list or black list declared by
Indian Oil Corporation Limited or its Administrative Ministry, except as indicated below :
(Give particulars of black listing or holiday listing and in absence thereof state “NIL”).
We, _____________ hereby do further declare that the following notice(s) have hitherto been
issued against proposed action for holiday / black listing and / or the following action for holiday
listing / black listing has hitherto been taken, as the case may be, by Indian Oil Corporation Ltd. or
its Administrative Ministry against the Company.
It is understood that if this declaration is found to be false in any particular, Indian Oil Corporation
Limited or its Administrative Ministry, shall have the right to reject my / our bid, and, if the bid has
resulted in a contract, the contract is liable to be terminated.
Place : ………………
Signature of the Bidder………..
Date : ………………
Name of the Signatory ………….
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 40 of 42
Bidder is requested to fill this check list and ensure that all details/documents have been
furnished under relevant sections as called for in the Bidding Document along with duly filled
in, signed & stamped.
(A) UNDER SECTION-I
(A.1) Letter of submission & Synopsis of the Proposal.
Submitted
(A.2) Form of Bid as per Proposal FORM-A including Annexure of Information
about the Bidder (Annexure to be submitted for each member of consortium,
if applicable)
Submitted
(A.3) Bank Guarantee/ Bid Bond as Bid Security as per format attached in the
GCC
Submitted
(A.4) Table of Contents (also referred as Master Index) of the Bidding Document
duly signed and stamped on each page, in token of having received the
complete set of the Bidding Document and its acceptance.
(A.5) Power of Attorney in favour of the person(s) who has signed the bid.
Submitted
(A.6) Declaration as per Proposal FORM-B duly signed & stamped by the bidder in
token of having received and read all volumes of the commercial & technical
documents and having accepted and considered the same in preparing and
submitting the bid.
Submitted
(B) UNDER SECTION-II
(B.1) Deployment Schedule of construction equipment, tools & tackles proposed for
execution of works as per Proposal FORM-C.
Submitted
(B.2) Detailed execution philosophy of work as per Proposal FORM–D.
Submitted
(B.3) Details of proposed organisation along with CV's of key personnel for
Home and site Office as per Proposal FORM-E
Submitted
Plant Client Contract Code Document ID Contract No.
INDMAX IOCL INDMAX 6684-PPM-103-CA-0005 66-6684
Rev 01 Page 41 of 42
(C.1) Declaration about Bidder's Income Tax Liability in India as per Proposal
FORM-G (separately for each consortium member, in case of bids on
consortium basis)
Submitted
(C.2) Solvency Certificate from Bidder's bankers. Date of issue of this certificate
should not be earlier than 6 months from due date of opening of Techno-
commercial part (separately for each consortium members, in case of bids on
consortium members).
Submitted
(C.3) Financial details as per Proposal FORM-H (separately for each consortium
member, in case of bids on consortium basis).
Submitted
(C.4) Partnership Deed in case of partnership firm, Consortium Agreement in case
of Consortium and Memorandum & Articles of Association in case of
constituent companies (separately for each consortium member, in case of
bids on consortium basis).
Submitted
(C.5) Information about any Current Litigation/ Arbitration, if any, in which bidder is
involved as per Proposal FORM-I (separately for each consortium member, in
case of bids on consortium basis).
Submitted
(C.6) Level of inter-linkages & holding structure with group companies (separately
for each consortium member, in case of bids on consortium basis).
Submitted
Rev 01 Page 42 of 42
Submitted
(H) UNDER SECTION-VIII