at ongc mangalore petrochemicals …ompl.co.in/files/1090c18013.pdfexhibit 11 general conditions of...

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Tender 1090C18013 of 173

Tender 1090C18013 for

Hiring Consultancy Services for

Six Numbers of Additional Facilities

AT

ONGC MANGALORE

PETROCHEMICALS LIMITED

MANGALORE

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INDEX

Exhibit Title Page

Exhibit 1 Invitation for Bids (IFB) 3-23

Exhibit 2 Scope of Services / Special Conditions of Contract 24-40

Exhibit 3 Completion Schedule 41-43

Exhibit 4 Remuneration, Contract Price and Payment Terms 44-49

Exhibit 5 Summary of Schedule of Rates 50-53

Exhibit 6 Warranties & Guarantees 54-57

Exhibit 7 Integrity Pact 58-64

Exhibit 8 Forms of Tender 65-85

Exhibit 9 Format of BG for EMD, Advance & PBG 86-93

Exhibit 10 Form of Contract 94-107

Exhibit 11 General Conditions of Contract 108-134

Exhibit 12 Annexures for the schemes 135-149

Exhibit 13 OMPL Safety Management Guidelines 150- 172

Exhibit 14 List of Design Basis Documents 173

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EXHIBIT-1: INVITATION FOR BIDS

TABLE OF CONTENTS

SECTION NO. DESCRIPTION PAGE NO.

1 INTRODUCTION 4

2 BRIEF SCOPE OF WORK 4-9

3 SITE VISIT 9

4 SITE LOCATION 10

5 CONTRACT PERIOD 10

6 BID QUALIFICATION CRITERIA (BQC) 10-11

7 CONTRACT PERFORMANCE BANK GUARANTEE (CPBG / PBG) 12

8 OTHER TERMS & CONDITIONS 12-19

9 CONDITIONS FOR MICRO AND SMALL ENTERPRISES 20-23

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Invitation for Bids (IFB)

1.0 INTRODUCTION

M/s ONGC MANGALORE PETROCHEMICALS LIMITED (OMPL), a green

field petrochemicals which was commissioned in 2014 is promoted by Oil and Natu-

ral Gas Corporation Ltd (ONGC) India's Most Valuable Public Sector Enterprise

and Mangalore Refinery and Petrochemicals Limited (MRPL) a subsidiary of ONGC.

MRPL holds 51% and ONGC holds 49% of equity share capital of OMPL.OMPL has

become a subsidiary of MRPL w.e.f. 28th February 2015, in view of MRPL holding

51% stakes in OMPL.

The OMPL, an aromatic complex spans 442 acres of land in Mangalore Special Eco-

nomic Zone (SEZ). The Complex is 14 Km away from the NMPT Port and 15 Km

from Mangalore International Airport.

OMPL receives various grades of naphtha and aromatics from MRPL through pipe-

lines and produces Paraxylene and Benzene in the complex. Currently, Paraxylene

and benzene are exported through NMPT. By products of the process such as Hydro-

gen, LPG, Paraffinic Raffinate (PR), Heavy aromatic (HA) are either sent back to

MRPL through pipelines or used internally.

This aromatic complex is planning to have Six Number of additional facilities in their

process units/power plant/off sites to increase operational flexibility and yield im-

provement.

M/s OMPL invites sealed bids for “CONSULTANCY SERVICES FOR ENGI-

NEERING AND CONSTRUCTION MANAGEMENT FOR SIX NUMBERS OF

ADDITIONAL FACILITIES” under single stage two bid system from competent

agencies with sound technical and financial capabilities fulfilling the Qualification

Criteria stated in paragraph 6.0 below.

2.0 BRIEF SCOPE OF WORK

2.1 The scope of work broadly includes detailed Engineering, tendering, project

execution and commissioning of six identified new facilities in OMPL. The schemes

envisaged are:

1. Tanker loading facility of Paraffinic Raffinate (PR) and Heavy Aromatics

(HA)

2. Completion of HA tank and commissioning (Tank No. 31-FB-09A in Dyke No.7)

3. Provision of 4 Inch dia drag Naphtha stream line from NHT stripper overhead

to MRPL up to MRPL Phase-II, HCU-II Unit.

4. Site preparation for NG Skid and Interconnection of Natural gas line from

GAIL conditioning skid to OMPL gas skid

5. Oil skimmer installation in wet slope tanks.

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6. Conversion of one of the boiler feed pumps from motor drive to steam turbine

drive.

This the scope of work shall include, but not limited to Project Management, detailed

engineering, development of drawings, Preparation of material requisition and tender

documents, assistance in in obtaining statutory clearance and assistance during

project execution of all the new facility for all the disciplines i.e. Piping, Civil,

Electrical, Instrumentation, materials inspection and Static and Rotating equipment’s

etc. except for the items which are excluded from consultants scope of services as per

Exhibit –2 section -2.

The details of the facilities envisaged are mentioned in section 2.2 of this document.

It is not the intention of this document to completely specify all the services required

during engineering, manufacture and construction. Nevertheless the services provided

shall conform to the highest standards in a manner acceptable to OMPL. Any

additional facility, services which are not specifically mentioned here, but are

required to make the unit complete in every respect in accordance with the intent and

technical specification and for safe operation and guaranteed performance, shall be

covered under the scope of work.

2.2 DESCRITION OF SCHEMES ENVISAGED

2.2.1 Tanker loading facility of Paraffinic Raffinate (PR) and Heavy Aromatics (HA)

Paraffinic Raffinate (PR) and Heavy Aromatics (HA) are two major by products of

OMPL which is generated in process Units.

Presently Paraffinic Raffinate (PR) being sent back to MRPL hydrogen unit

through pipe lines and Heavy aromatics (HA) is used internally as fuel in CPP

Boilers and process heaters. In case of any problem in MRPL hydrogen unit, the

consumption of PR stream will reduce ultimately resulting in slowdown/shutdown

of the complex. Further market analysis of Heavy Aromatics revealed a good value

for this product if sold outside instead of burning as fuel.

In view of this, it is envisaged to have a tanker loading facility for both these

products in a dedicated space identified behind fire station and adjacent to Dyke

No. 7. There will be two identical loading bays which can be used for anyone/both

these products. The bays will be interconnected with each other through a double

isolation valve. Also there will be a provision for future connections of other

streams as Benzene, Paraxylene etc. Plot plan of OMPL is attached as Exhibit-12,

Annexure- I. The indicative requirement of pipe line laying, location of gantry,

layout of loading bay along with required loading arm, flow meter, flow control

valve, isolation valves etc, shown in Exhibit 12, Annexure-II.

At present PR generated in process units is stored in PR storage tanks 31-FB-08A

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at Dyke No. 7 and is pumped to MRPL through PR transfer pumps 31-GA-08 A/B

located at Pump House No. 2. PR tank is having a circulation pump 31-GA-09 and

8 inch dia line from the discharge of PR Circulation pump is also extended up to

Dyke No 7 along with an isolation valve. Piping connections from Dyke No. 7 up

to tanker loading area is to be envisaged in this project.

Heavy aromatics generated from Block III of aromatic complex are used internally

in CPP boiler and process heaters. The transfer of HA to LSHS tank/pump house-

II is done through a 2 inch dia line directly from Block-III. Even though HA tank

(31-FB-25A) has been constructed in Dyke No. 7 to store the product; the tank is

not commissioned till date as its inlet/outlet connections, steam tracing system,

firefighting facilities of the tank not been provided. However there is a two inch

stub provided with an isolation valve in pipe rack between Dyke No. 4 & Pump

House-2 which is approximately 200 meter away from Dyke 7. HA line connection

from stub point to HA tank and to tanker loading area is also to be envisaged in

this project.

Major jobs involved in tanker loading facility is

Proposed loading facility shall have two numbers loading bays one for each PR

and HA.

Each bay shall have one loading arm. [Draft process layout is attached]

OWS/CBD facility shall be made accordingly in order to handle the process

drain, emergency leakages & overfills etc.,

Loading shall be through flow metering system and Loading Control Valve con-

nected with Batch Controller

Pumping facility of PR is already there in Pump House No. 2 and does not re-

quire any more pumping stations.

Pumping facility of HA from HA tank (In dyke No. 7) to loading arm. Two No of

pumps along with electrical and instrumentation control. Pump is suitably situat-

ed near tanker loading area itself.

Bypass line of HA tank so as to load HA in case HA tank is not commissioned in

time.

The Batch Controller shall have following

o Batch Control.

o Earthing logic failure interlock.

o Local start/ stop at batch controller level.

o Temperature & Pressure compensation (if required).

o Cumulative flow counting provision.

o Shut Off while any breakage

o Emergency push button to be provided on loading bay

Emergency shut down of entire gantry operation via another Emergency Push

Button which shall be located in Control room

Firefighting system shall be as per statutory requirement

Utility system shall be placed accordingly

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Connecting roads to loading bay from Fire station area. Two No of culverts are

already provided. Integrity of these culverts for movement of tankers to be estab-

lished and road of Approximately 200 meters to be constructed.

Preparation of Layout of gantry facility in confirmation with statutory compli-

ance like PESO/OISD.

Piping requirements for PR Loading facility shall be connected to the existing

tapping near Dyke No. 7 which may involves of approx. 500mtr of piping along

with supports.

Piping requirements for HA Loading facility shall be connected to the existing

tapping near Dyke No. 4 which may involves of approx. 1000 mtr of piping along

with supports.

Ground level pipe sleepers is required for Approximately 400-500 meters along

with one road crossing and one culvert crossing.

Utility/fire water lines are available near dyke No. 7 pipe rack. Approximately

2.2.2 Completion of HA tank and commissioning

During project stage of aromatic complex, one Number of HA tank has been

constructed in Dyke No. 7 (31-FB-09A). Even though tank is constructed in 2014;

it is not been commissioned till date as it does not have inlet/outlet pipe, Steam

tracing system, firefighting facilities, pumping arrangements etc. has not been

completed. P&ID of HA tank as well as GA drawing of constructed HA tank is

attached as Exhibit -12, Annexure- III.

The tank is to be completed and commissioned in all respect along pumping

facility for tanker unloading. Necessary requirements required for commissioning

of tank as per PESO requirement shall be prepared.

2.2.3 Provision of 4 Inch dia drag Naphtha stream line from NHT stripper over-

head to MRPL up to MRPL Phase-II, HCU-II Unit.

For operational flexibility, improve product quality and yield improvement it is

proposed to modify NHT stripper system of OMPL with a 4 inch dia drag line

from NHT stripper reflux pump (10-GA-04A/B) discharge to a suitable location in

MRPL Phase II HCU-II Unit. The outline of proposed drag stream line from NHT

stripper in OMPL to MRPL is shown in Exhibit 12, Annexure-IV.

The requirement of this modification involves

- Laying of 4 inch line from NHT stripper in OMPL B/L, 4 inch line from

OMPL B/L to MRPL B/L and 3 inch line from MRPL B/L to - Phase-II, HCU-

II unit along with associated valves, FT,PT,TT, PSV and metering skid.

- Flow transmitter control of which is from existing DCS system of OMPL.

- Metering skid is already purchased by OMPL. This metering skid is to be con-

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nected with DCS in OMPL control room.

- All Jobs from NHT Unit up to MRPL battery limit is to be done as per laid

down procedure of OMPL. Job inside MRPL battery limit, is to be done as per

laid down procedure of MRPL. (OMPL will assist in providing access and

work permit inside MRPL Complex.

2.2.4 Site preparation for NG Skid and Interconnection of Natural gas line from

GAIL conditioning skid to OMPL gas skid

Natural gas from Gas Authority of India Ltd (GAIL) is expected to reach OMPL in

the 3rd

quarter of 2018. GAIL will supply and erect the gas conditioning/metering

skid inside OMPL near Dyke No. 9. OMPL shall provide graded site to M/s GAIL

to carry out the erection activities within their battery limit. Before completion of

natural gas line from M/s GAIL, following facilities to be developed in Dyke No. 9

for construction of NG Skid by M/s GAIL.

The interconnection from the battery limit of NG skid to the current termination

point (14”) needs to be executed. Fire water network is to be established all along

the NG skid area as per the standards. Certain utilities such as instrument air,

service air, service water, nitrogen etc. needs to be supplied to the NG skid area

from the nearest header. Also connection of Natural gas vents to be done with

existing Flare header.

It is required to carry out site grading of approximately 100 X 100 meter area,

construction approach road to the site, construction of peripheral drains &

connecting the same to existing storm drains, connect GAIL NG metering skid

with OMPL natural gas network, connect utility lines to the skid area from nearest

respective headers, extend fire water network with appropriate pipelines and

isolation valves as required. Arrangements for connecting NG vents with existing

flare header needs to be carried out. And also, electrical power supply and

communication cable hook up needs to be carried out from existing

Substation/SRR up to NG Skid.

The location and plan of proposed natural gas skid by M/s GAIL, schematic of

expected interconnection line is shown in Exhibit 12, Annexure- V

2.2.5 Installation of Oil skimmer in Existing Wet slop tank 31-FB-24 A/B.

At present OMPL do not have an oil skimmer due to which oil contaminated

effluents cannot be treated in our ETP. It is proposed have two nos of oil

skimmers each at wet slop tanks 31-FB-24 A and B. Process data sheet of oil

skimmer and tentative arrangement of skimmer is shown in Exhibit 12,

Annexure- VI

2.2.6 Conversion of Motor driven Boiler feed water pump in to a turbo driven

pump.

In CPP plant of OMPL there are four No of Boiler feed water pumps with capacity

274.75 TPH, Shutoff head : 100 Kg/cm2, Design temp: 168 Deg C, Operating

head : 75.2 Kg/cm2, Design temp: 140 Deg C. These boiler feed pumps are

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connected to 875 KW motor.

Boilers in OMPL generates steam at 40 Kg/cm2 (HP) and temp: 400 Deg C and

uses it in 14.5 Kg/cm2(MP), and 4.5 Kg/cm2 (LP) by reducing its pressure through

PRDS stations.

In order to effectively reduce pressure of HP steam to working level of MP and LP

it is decided to convert one of the feed water pumps from motor driven to turbo

driven pump, where we can convert HP steam ( 40 Kg/cm2) to MP steam (15

kg/cm2) through a back pressure turbine.

The required HP steam can be drawn from HP common header and MP steam from

the turbine can be routed to MP header of complex. Pressure reduction from MP to

LP can be done with presently available PRDS station. The schematic diagram of

the arrangement, and P&ID of Boiler feed pump area is shown as Exhibit 12,

Annexure- VII

Engineering, procurement and installation of the turbine shall be done by OMPL

up to turbine nozzles.

However consultant shall carry out engineering of all required steam & utility

lines, from turbine to presently available steam/utility lines and also electrical &

instrumentation system up to OMPL substation/SRR/DCS facility.

Following are the salient points of the scheme and major jobs involved is as below.

- The Operation along with start/stop of the machine shall be done from CPP

control room

- All the instrumentation and protection/interlock system of the scheme is to be

connected to existing DCS through SRR.

- Study and recommend augmentation of existing SRR & DCS to incorporate

the changes.

- Preparation of PFD, P&ID, isometric drawings for submission of the same to

IBR and for field execution.

- Preparation of material specifications & bill of material for all mechanical,

electrical & instrumentation jobs.

- Inclusion of the all material/jobs in composite contract except procurement

and installation of turbine.

- Assistance in obtaining IBR and other statutory clearances.

- Assistance in pre-commissioning & commissioning of the system.

3.0 SITE VISIT

3.1 The bidder is advised to visit and examine the site of works and its surroundings

and obtain all information that may be necessary for preparing the bid and entering

into the Contract. 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 OMPL to enter upon its premises and lands for the purpose of 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

OMPL 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.

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3.3 Bidders may contact the following person for site visit purposes:

1. Mr Swaroop Hegde Sr. Engineer (Projects)

Telephone No. 0824-2872772, 9480821848 (M)

Email: [email protected];

2. Mr. Akshay Banga, Sr. Engineer (Materials Management)

Telephone No. 0824-2872141, 9480821932 (M)

Email: [email protected]

4.0 SITE LOCATION

The ONGC Mangalore Petrochemicals Limited is located in Mangalore SEZ area,

Mangaluru, Dakshina Kannada District of Karnataka State. The site is accessible as

detailed under: Nearest Important Town: Mangaluru,

Nearest Railway Station : Mangalore Central, or Mangalore Junction 20 Km) or

Surathkal Railway Station (15 KM)

Nearest Airport : Mangalore International Airport 10 Km

Nearest Sea Port : New Mangalore Port trust, 15 Km

Nearest Highway : NH66 - 10 Km

Height above MSL : Average elevation 22 meters

Weather condition : The climate is tropical in Mangaluru. There is a significant rain

fall in the area especially between June to Sept. Average annual

rain fall is 3783 mm. The temperature varies between 21 to 35

Deg C with an average temperature of 27 Deg C. The average

humidity of the area is 75 % and peaks during April to July and

touches as high as 95 %.

5.0 CONTRACT PERIOD:

5.1 Time period for completion of Part - A of the consultant services (i.e. Engineering

Services) is six months from the date of issue of LOA.

5.2 Time period for completion of part- B (Construction activities) shall be 18 months from

date of LOA. The services from the consultant shall be taken as per need basis with a

written request from owner whenever such requirement arises.

5.3 Details of Time for completion elaborated in Exhibit-3

6.0 BIDDER QUALIFICATION CRITERIA (BQC)

Bidder shall fulfil all the following qualification criteria in order to qualify for this

Work.

6.1 TECHNICAL CRITERIA:

6.1.1 The bidder shall have experience of successfully carried out EPCM consultancy and

completed similar work during past 7 years ending last day of the month previous to

one in which tenders are invited, which experience should be any one of the following:

mailto:[email protected];

mailto:[email protected]

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Three similar completed works, each costing not less than INR 97,00,000 (Rs

Ninety Seven lakhs only)

Or

Two similar completed works, each costing not less than INR 1,21,00,000 (Rs

One crore twenty one lakhs only)

Or

One similar completed works, costing not less than INR 1,93,00,000 (Rs One

crore Ninety three lakhs only)

Similar works as mentioned above means

Engineering, Procurement and Construction management in Hydro carbon

sector as Refineries, Petrochemicals, Fertilizers, Oil& gas processing plants.

6.1.2 Bidder should not be under holiday listing/ black listing period by any Govt Body/PSU

during tendering period. An undertaking with this effect to be submitted by Bidder.

6.2 FINANCIAL CRITERIA:

6.2.1 The Average annual financial turnover during last 3 years ending 31st march of the

previous financial year should be INR 73,00,000 ( Rs Seventy Three Lakhs Only)

6.2.2 Net worth of the bidder shall be Positive as per immediate proceeding year’s audited

financial results

6.3 BID EVALUATION CRITERIA(BEC):

6.3.1 The bidder shall accept in to the Technical Specification & scope of work given in the

tender.

6.3.2 Techno-Commercially acceptable bids will be evaluated on the overall L-1 basis i.e.

lowest landed cost to OMPL.

6.4 REJECTION CRITERIA:

i) If the bidder do not submit the Bidding Document Fee, unless otherwise specifi-cally exempted in the tender document.

ii) If the bidder(s) do not submit Bidding Document Fee and/or EMD along with unpriced technical bid (Part-I). However, PSU’s/Firms registered with

NSIC/MSEs/MSME/DIC vendors registered with DIC (District Industries Centre) are exempted from submission of bidding document/Tender fee/EMD.

iii) If the bidder do not meet the BQC. iv) If the bidder do not accept the Contract Performance Guarantee clause. v) Non adherence to Technical / Commercial terms and incomplete bids and bids

in deviation to tender conditions will be out rightly rejected.

vi) If bids are received after scheduled date of bid submission.

NOTE: The credentials/documentary evidence submitted by Bidder should clearly establish Bidder’s qualification as per the BQC clauses as mentioned above. Experience of only the bidding entity shall be considered. A job executed by a bidder for its own concern/ subsidiary cannot be considered as experience for the purpose of meeting Bidder Evaluation Criteria (BQC).

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Originals of the qualifying documents 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 offer for further evaluation. Subject to the Bidders meeting the criteria to qualify as above, OMPL reserve the right to visit the establishments being run by the Bidder/s and assess the

performance including checking with the Client and decide to qualify or reject the Bidder/s to consider the Price Bids.

7.0 CONTRACT PERFORMANCE BANK GUARANTEE (CPBG / PBG):

Upon issuing of LOA/Contract, CONSULTANT shall submit Contract Performance

Bank Guarantee (CPBG / PBG) (Format as per Exhibit 9; BG-3) for the due perfor-

mance of CONSULTANT’s Obligations to the extent of 10% of the Total Contract

Value. CPBG shall be issued from any bank recognized as scheduled bank by RBI and

shall be valid upto 2 months claim period beyond defect liability period which shall be

calculated in the first instance on the basis of scheduled date as per CONTRACT. In

view of submission of CPBG, no cash deductions shall be made from the payments due

to CONSULTANT time to time.

CPBG shall be released by OMPL, subject to claim, if any, to CONSULTANT after

expiry of defect liability period. Offers without confirmation of CPBG will be summar-

ily rejected.

8.0 OTHER TERMS & CONDITIONS:

8.1 Quoted Rates shall be firm & fixed till complete execution of Contract.

8.2 OMPL invites Bids for the subject supply in total compliance to technical specifica-

tions, scope and terms & conditions of tender documents/attachments. Your offer must

be complete in all respect without any deviations. You are requested to submit your

most competitive offer for all items as per Price Bid/break-up.

8.3 Please note that issuance of technical and commercial queries is not envisaged and your

offer may be evaluated based on input given therein. Hence pre-Bid clarifications, if

required may be sought from us immediately on receipt of this Tender document.

8.4 SALIENT FEATURES OF BIDDING DOCUMENT:

Bidding / Tender Document No. 1090C18013

Date of Publishing of Tender Document on Website

04-May-2018 (The complete Tender/Bidding document

is available on OMPL website http://www.ompl.co.in/tenders Bidder can view/download the Tender Bidding/Document from OMPL’s website)

Bidding Document Fee / Cost Of Tender Document

Rs. 1000/- (NON REFUNDABLE)

http://www.ompl.co.in/tenders

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Bid Evaluation/Qualification Criteria

As per tender document

Last Date for Receipt of Bidders Queries for Pre-Bid Meeting

Upto 17:00 HOURS (IST) ON 15-May-2018

Date, Time & Venue of Pre Bid Meeting

15:00 HOURS (IST) ON 18-May-2018

Last Date For Submission Of Bid 14:00 HOURS (IST) ON 05-Jun-2018

Date & Time Of Unpriced Techno-Commercial Bid Opening

At 15:00 Hours (IST) on Last Date Of Bid Submission / Extended Date of Bid Submission in the presence of authorized representative of attending Bidders.

In case un-priced bid opening date

declared as closed holiday for PSU by Govt., the opening shall be carried out on the next working day at 15:00Hrs.

Bidding/Tender Document and Corrigenda/Addenda

OMPL may, for any reason whether at his own initiative or in response to the clarification requested by the prospective Bidder(s), issue amendment in the form of Addendum during the Enquiry period and subsequent to receiving the Bids. Any Addendum thus issued shall become part of Tender Document and Bidder shall submit 'Original' Addendum & Compliance letter to Addendum duly signed and stamped on their letter head as token of

acceptance.

Further all updates, Corrigenda, Addenda, Amendments, Time extensions, Clarifications etc.,(if any) to the Tender/Bidding document will be hosted on OMPL website http://www.ompl.co.in/tenders There will not be any publication of the same through newspapers or any other media. Bidders should regularly visit above website to keep themselves updated

Note: PRICED BID OPENING: DATE, TIME AND VENUE SHALL BE INTIMATED LATER TO TECHNO COMMERCIALLY QUALIFIED BIDDERS ONLY.

8.5 Bidders have to submit their Bids (in prescribed formats, as detailed in tender doc-uments) in a sealed envelope duly super-scribing the tender number, description, Bid closing date along with Bidders details. The Bids shall be submitted in two parts as follows:

PART-I: Techno commercial (unpriced) Bid One sealed envelope marked as “UNPRICED BID”, containing the following:

i) Total tender documents, duly signed for unconditional acceptance of ten-der terms & conditions, filled formats and price schedule format WITH PRICES BLANKED OUT. [Techno commercial (Unpriced) Bid shall contain all details other than price i.e. price schedule format WITH PRICES

BLANKED OUT. However a tick mark () shall be provided against each item of the price Bid format to indicate that there is a Quote against this item in the priced commercial Bid.] All the credentials/documentary proof clearly establishing Bidder’s qualification as per the BQC, filled signed /stamped forms as per tender requirement, etc.

ii) Bid Security/Earnest Money Deposit (As mentioned above)

http://www.ompl.co.in/tenders

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PART-II: Price Bid Second sealed envelope marked as “PRICED BID”, containing only the Price part strictly as per Price Bid format of the Tender Document without any condition whatsoever.

Both the sealed covers of Part-I (Unpriced Bid) & Part-II (Priced Bid) shall be put into an outer envelope duly sealed. The outer envelope should duly super-scribed

the Tender number, description, Bid closing date along with the Bidders name.

Bids complete in all respects should reach the OMPL office within the Bid due date on the below address:

Attn: Chief - Commercial ONGC MANGALORE PETROCHEMICALS LIMITED Mangalore Special Economic Zone Unit, Permude Village,

Mangalore – 574509 Karnataka , India Phone: 0824-2872141 Fax: 0824-2881539

Bidders are advised in their own interest to ensure that Bid reaches the specified office well within the Bid closing date & time. OMPL will not be responsible for the

loss of Tender form or the delay in postal/courier transit. Telex/Telegraphic /Telefax/Email/ Xerox/ photocopy offers & Bids with scanned signature will be rejected. Original Bids should be signed and sealed manually failing which offer shall be rejected.

In case of revealing of price information by the Bidder(s) at any stage before price Bid opening, the offer shall be summarily rejected without assigning any reason.

8.6 The Bidder should accept in toto the Technical specification, scope of work and all the terms and conditions given in the Tender.

8.7 Payment of BIDDING DOCUMENT FEE (Non-Refundable) of Rs. 1000/- be by Crossed Bank Draft/ Banker’s cheque from any Indian scheduled Bank, in favour of

ONGC MANGALORE PETROCHEMICALS LIMITED, payable at MANGALORE and the same shall be submitted in physical form along with PART-I (Techno commercial unpriced bid). The bid of any bidder shall be considered only if the bid is accompa-nied by the prescribed Bidding Document fee in the form of demand draft along with EMD.

The firms registered with National Small Industries Corporation (NSIC)/MSEs/MSME/DIC will be exempted from payment of bid document/ tender fee irrespective of the monetary limit mentioned in their registration certificate provided they furnish evidence that they are registered for the items they intend to quote against OMPL tenders. The PSU, Govt. Dept. will also be exempted from the payment of tender fee.

8.8 BID SECURITY /EARNEST MONEY DEPOSIT (EMD): Bidder to submit Earnest Money Deposit of Rs.4,81,000/-. An applicable EMD, by way of BG or DD drawn in favour

of ONGC Mangalore Petrochemicals Limited, Mangalore to be kept along with the Unpriced Techno Commercial bid before bid closing date and time. For unsuccess-ful vendors, the EMD will be refunded within 15 (fifteen) days of finalization of ten-der. For successful bidder EMD shall be released once Contract Performance Bank Guarantee (CPBG /PBG) is submitted.

Bid shall be rejected if the bidder do not submit the EMD of the appropriate value

with unpriced technical bid (Part-I).

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EMD will be forfeited in case of:

i. Failure of the bidder to honour their offer. ii. Withdraw their offer before expiry of validity period. iii. Inability to perform satisfactorily after receipt of order in case of successful bidder.

Firms registered with NSIC/MSEs/MSME/DIC are exempted from EMD, for which documentary evidence is to be submitted along with technical bid. EMD for PSU (Public Sector Unit) is exempted. Tender will be summarily rejected under following circumstances

i. EMD submitted in form of cheque. ii. The name of tender mentioned in the BG is different from the tender for which bids have been invited. iii. The firm on whose behalf the BG has been furnished is different from the bidder. iv. The EMD is not of prescribed value

A. The EMD shall be submitted in physical form along with PART-I (Techno commer-cial unpriced Bid). No interest is payable on EMD.

B. PSU & Firms registered with NSIC/MSEs/MSME/DIC (District Industries Centre) are exempted from submission of EMD, for which documentary evidence is to be sub-mitted along with technical bid.

C. Tender will be summarily rejected under following circumstances

i. EMD submitted in form of cheque. ii. Bids not accompanied with EMD/ Bid Security or those received late and / or not

confirming to the terms and conditions in the tender documents iii. EMD in the form of BG (if Bank Guarantee is submitted instead of DD/Bankers

Cheque) not as per format given in the Bidding/Tender Document shall be con-sidered as non-responsive and such Bids shall be rejected out rightly.

iv. The name of tender mentioned in the BG is different from the tenders for which bids have been invited.

v. The firm on whose behalf the BG has been furnished is different from the bidder.

vi. The EMD is inadequate Earnest Money Deposit (EMD) / Bid Security or not of pre-scribed value.

D. The Bidder shall submit the bid security in Indian Rupees and shall be in the form

of Demand Draft/ Banker’s Cheque in favour of ONGC MANGALORE PETROCHEMI-CALS LIMITED, payable at MANGALORE (issued by an Indian scheduled Bank or

first class international bank) or in the form of an irrevocable Bank Guarantee in favour of ONGC MANGALORE PETROCHEMICALS LIMITED as per format given un-der Proposal Form with this Bidding/Tender document. OMPL shall not be liable to pay any bank charges, commission or interest on the amount of bid security fur-nished.

In case, Bid security/EMD is in the form of irrevocable Bank Guarantee the same shall be from any Indian scheduled Bank or a branch of an International bank situ-ated in India and registered with the Reserve Bank of India as scheduled foreign bank. However, in case of Bank Guarantee from banks other than the Nationalized Indian bank, the bank must be a commercial bank having net worth in excess of Rs. 100 Crores and a declaration to this effect should be made by such commercial bank either in the bank guarantee itself or separately on its letterhead. The bank guarantee issued by a Co-operative Bank shall not be accepted.

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E. The Bid security/EMD shall be valid for 60 days beyond the validity of the Bid as specified in the Bidding Document i.e. 150 days beyond Bid submission/ extended Bid submission date.

F. The Bid securities/EMD may be forfeited, if:

i) Failure of the bidder to honour their offer or Bidder withdraws or modifies offer

in full or part during Bid Validity period or does any breach of terms and condi-tions of the tender, or

ii) A Bidder modifies his Bid on his own after last date of submission of Bids. iii) In case of a successful Bidder, if the Bidder fails within the specified period to:

a. Accept the LOA / Work Order placed by OMPL, b. Does not confirm of acceptance of order with in the stipulated time after

placement of order

c. Does not furnish the Contract Performance Bank Guarantee (CPBG / PBG) d. Inability to perform satisfactorily after receipt of order in case of success-

ful bidder. e. If documents submitted along with the Bid are found false, fabricat-

ed/forged etc.

G. EMD/Bid securities of unsuccessful Bidders will be returned/refunded within 15

days of finalization of award of Contract. However, Bid securities/EMD of the suc-cessful Bidder will be returned/refunded upon the Bidder's furnishing the Contract Performance Bank Guarantee (CPBG / PBG) in line with the tender conditions.

8.9 INTEGRITY PACT: Proforma of Integrity Pact has been attached with this Bid-ding/Tender Document. This Integrity pact document shall be duly filled and signed by the same signatory of the bidder, who signs the bid, in all pages of the docu-ment and returned together with the Techno commercial (Unpriced) Bid. Offer of those bidders who do not attach the duly signed Integrity Pact, as stated above shall be summarily rejected.

Offer submitted without Tender document fees, EMD, Integrity pact (un-less otherwise specified in the tender document) would be summarily re-

jected without assigning any reason. Bids received late will also be sum-marily rejected.

8.10 PRE BID MEETING will be held on 18-May-2018 at 15.00 hours (IST) at OMPL Mangalore Petrochemicals Limited, Mangalore SEZ, Permude Village, Mangalore - 574509. All the queries related to the Tender by clearly mentioning Tender docu-ment clause No. & respective page No. shall be sent to contact details given below by 15-May-2018 on or before 17.00 Hours. No queries shall be considered after the specified date and time of pre-Bid queries. All Bidders are invited to attend the Pre Bid meeting.

8.11 The Bidders are expected to resolve all the queries pertaining to the Bidding Doc-ument in Pre Bid conference and submit the Bids in total compliance to Bidding Document without any deviation / stipulation / clarification.

8.12 Any type of queries/clarifications shall be entertained till due date of pre-bid que-ries only.

8.13 Officer-In-Charge (OIC) shall be Head Instrumentation – OMPL or officer nominat-ed by him for this Contract

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8.14 Bidders Bidder shall examine the Bidding document thoroughly in all respect and if any conflict, discrepancy, error or emission is observed, Bidder may request clarifi-cation at any time not later than the query receipt date for pre-Bid meeting. Any queries related to the tender may be addressed to:

i) Shri. Swaroop Hegde (Dy. Manager - Projects) , OMPL, Mangalore–574509 Email: [email protected]; Mobile: 9480821848;

ii) Shri. Ramesh PR (Sr. Manager - Projects) , OMPL, Mangalore–574509 Email: [email protected]; Mobile: 9480821946 iii) Shri. Ajaybahadur M. Shelke, (Manager-MM), OMPL, Mangalore–574509 Email: [email protected]; Mobile: 9480821929;

iv) Shri. Akshay Banga, (Sr. Engineer-MM), OMPL, Mangalore–574509

Email: [email protected]; Mobile: 9480821932;

8.15 Amendment of Bidding Document:

OMPL may, for any reason whether at his own initiative or in response to the clarification requested by the prospective Bidder(s), issue an amendment in the form of Corrigendum/Addendum during the Bidding period and subsequent to receipt of the Bids. Any Corrigendum / Addendum thus issued shall become part of Bidding/Tender Document and Bidder shall submit Corrigendum/Addendum/Compliance letter duly signed and stamped in token of his acceptance.

The Bidder shall consider the impact of corrigendum /addendum issued during the Bidding period. The Bidder shall follow the instructions issued along with corrigendum / addendum issued subsequent to issue of tender document. Vendors are requested to visit ONGC Mangalore Petrochemicals Limited website (http://www.ompl.co.in/tenders) for Corrigendum/Addendum/Clarification/ extension in due date for submission of bid, if any.

8.16 OMPL reserves the right to reject any or all the tenders or to accept in part without assigning any reason thereof and the decision in the matter will be final and bind-ing on all the parties.

8.17 Language of Bid: The Bid and all correspondence incidental to and concerning the Bid shall be in the English Language. For supporting documents and printed litera-ture 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.

8.18 Bidders are requested to carefully study the entire tender document and the condi-tions so specified before quoting their rates, no alteration in the tender rates quot-ed will be allowed.

8.19 The rates should be quoted in the same units as mentioned in the tender sched-ules.

8.20 All entries in the tender document should be in Ink/Typed. Corrections, if any

should be attested by full signature of the Bidder / authorized signatory.

8.21 Every page of the tender documents shall be signed and sealed by the Bidder or his authorized representative.

8.22 Bidders are required to quote the tender in conformity with our terms and condi-tions and no deviating conditions whatsoever will be entertained.



http://www.ompl.co.in/

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8.23 Conditional offers will be rejected without any reason. Bidders are requested to carefully go through all tender conditions & enclose all documents asked for Tech-nical evaluations in the Bid.

8.24 The Bidders or their authorized representatives may be present at the time of opening of the Technical Bids (after submission of appropriate documents in sup-port of their identity) at the place/date/time as mentioned at Clause no.11. No separate intimation will be sent in this regard unless there is a change in the date/time/place of opening of tender.

8.25 After scrutiny of the Technical Bids, separate intimation will be sent to all Bidders who are found technically qualified advising the date/time/place of opening of price Bids

8.26 Bid Validity/Bid opening:

b. Bid shall remain valid for a minimum period of 90 days from the last date of submission of Bid. During this period, the Bidders shall not be entitled to revoke or cancel their Bid or to vary the Bid given or any term thereof. In case, the Bid-der revokes or cancels the Bid or varies any term in regard thereof, the Bid shall become liable for rejection along with forfeiture of EMD. Such Bidder also may be put on Holiday list.

c. OMPL may request the Bidders for extension of the period of validity of Bid. If the Bidder agrees to the extension request, the validity of Bank Guarantee/DD to-wards EMD shall also be suitably extended. However, Bidders agreeing to the re-quest for extension of validity of Bid shall not be permitted to modify the Bid be-cause of extension, unless specifically invited to do so by OMPL.

d. The ‘Techno commercial Unpriced Bids’ of the tender will be opened in the pres-ence of the Bidder or authorised representative of Bidders at 15.00 hours on Bid submission last date / extended Bid submission date at OMPL, Mangalore Special Economic Zone, Permude, Mangalore as per OMPL procedures. After evalua-tion/scrutiny of the ‘Techno commercial Unpriced Bids’, only the techno commer-cially qualified Bidders will be notified separately regarding date, time and venue for opening of the ‘Price Bids’.

8.27 Bid Price/Quoted rates: Bidder shall quote price after careful analysis of costs in-volved for the performance of the Contract considering the entire Bidding Docu-

ment. In case any activity though specifically not covered in description of item under Schedule of Rates (SOR) but is required to complete the work, which could be reasonably implied / inferred from the contents of the Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity.

8.28 The prices shall be based on conditions specified in General Conditions of Contract, Special Conditions of Contract, Scope of Work, and all other contents of Bidding Document.

8.29 Quoted Rates shall be firm & fixed till complete execution of Contract. Once the quotation is accepted and order placed on the successful tenderer, the rate shall be valid for the full period of the Contract. (INCLUDING THE EXTENDED PERIOD, WITH SAME RATE, TERMS & CONDITIONS AT OMPL’S SOLE DISCRETION SUBJECT

TO SATISFACTORY PERFORMANCE).

8.30 ONGC Mangalore Petrochemical Limited reserves the right to accept or reject any or all the tenders in part or in totality, or to negotiate with any or all the Bidders, or to withdraw/ cancel/ modify this tender without assigning any reason whatsoev-er.

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8.31 Compliance to Bid Requirement:

Bidders are advised not to take any exceptions/deviations to the Bid document. OMPL shall expect Bidder's compliance to requirement of Bidding Document with-out any deviation and submit a substantially responsive Bid. Any Bid not meeting the Bid Evaluation Criteria as stipulated above and Bid accompanied by deviations with respect to Special Condition of Contracts (SCC), Instructions to Bidders (ITB), General Conditions of Contract (GCC), Formats for credentials and Bid formats may be considered as non-responsive and shall be liable for rejection at the sole discre-tion of the OMPL. No claim shall be entertained from the Bidder in this regard.

8.32 Special Conditions of Contract shall be read in conjunction with the General Condi-tion of Contract specification of work, drawings & any other documents forming part of this contract document where the context so requires. The same is en-

closed along with the Bidding/tender documents. Notwithstanding the sub-division of the documents into these separate sections & volumes every part of each shall be deemed to be supplementary to & complementary of every other part & shall be read with and into the CONTRACT so far as it may be practicable to do so. Where any portion of the General Condition of contract is repugnant to or at variance with any provisions of the Special Conditions of Contract unless a different intention ap-pears the provisions of the Special condition of the Contract shall be deemed to override the provision of the General Conditions of the Contract and shall to the extent of such repugnancy or variations, prevail.

8.33 Bidders not meeting the tender terms & conditions, conditional tender quotations, incomplete in any respect or with any additions/ deletions or modifications are lia-ble to be summarily rejected without any further communication to the Bidders

and decision of OMPL in this respect will be final and binding.

8.34 The offer must be complete in all respects, leaving no scope for ambiguity. The Bidder is fully responsible for the Bid submitted and no relief or consideration can be given for errors and omissions.

8.35 Bids determined to be substantially responsive will be checked by OMPL for any arithmetic errors. Errors will be corrected by OMPL as follows:

(a) Where there is a discrepancy between the amounts in words and in figures, the amount in words will govern; and

(b) Where there is a discrepancy between the unit rate and the total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern and total price shall be corrected.

(c) Where there is a discrepancy between the quoted sum total of amount and calculated actual total of the amount, the calculated actual total of the amount

shall prevail and the total price shall be corrected.

8.36 The amount stated in the Bid will be adjusted by OMPL in accordance with the above procedure for the correction of errors and, with the concurrence of the Bid-der, shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount of Bid, its Bid will be rejected and the bid security shall be forfeited.

8.37 It shall be understood that every endeavour has been made to avoid error which can materially affect the basis of this tender and the successful Bidder shall take upon himself and provide for risk of any error which any subsequently be discov-ered and shall make no subsequent claim on account thereof no advantage is to be taken by the Bidder successful Or otherwise of any clerical error of mistake which may occur in the general specification, schedules, plans of tender forms supplied to the Bidder.

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Tender 1090C18013 of 173

8.38 In case of any difference of any of the terms and conditions either in the meaning or understanding or contradictory terms or conditions at different places/portions in this document, the more stricter terms favouring OMPL will apply. The Bidder shall also seek clarifications on such issues from OMPL before submission of the quotes.

8.39 Bidder should submit all the details and enclosures as has been asked for in the tender form. In case any of the information is not applicable to the Bidder, "Not applicable" may be written against such item. Not submitting any information/ en-closure sought for may be a ground for rejecting the tender.

8.40 OMPL’s right to cancel the Contract under the terms, aforesaid shall be without prejudice to any of its other rights and remedies against the successful Bidder. In the event of OMPL cancelling the Contract, it shall not be liable to pay for any loss or compensation in respect of such cancellation.

8.41 OMPL reserves the right to accept or reject any or all the tenders in part or in to-tality without assigning any reason whatsoever and to re-tender or negotiate with any of / all the Bidders or to withdraw/cancel/modify this tender in the manner OMPL considers suitable. OMPL also reserves the right to split the Tender and to award the works to more than one party, if required.

9.0 CONDITIONS FOR MICRO AND SMALL ENTERPRISES (MSEs)

1. As per Public Procurement policy (PPP) for Micro & Small Enterprises (MSEs) Order, 2012 issued vide Gazette Notification dated 23.03.2012 by Ministry of Micro, Small and Medium Enterprises of Govt. of India, MSEs must be registered with any of the following in order to avail the benefits / preference available vide Public Procurement Policy MSEs Order, 2012.

a) District Industries Centers (DIC)

b) Khadi and Village Industries Commission (KVIC) c) Khadi and Village Industries Board d) Coir Board e) National Small Industries Corporation (NSIC) f) Directorate of Handicraft and Handloom g) Any other body specified by Ministry of MSME (MoMSME)

h) Udyog Aadhaar Acknowledgment/Udyog Aadhaar Memorandum issued by MoMSME.

2. MSEs participating in the tender must submit valid & authorised copy of certificate of registration with any one of the above agencies. In case of bidders submitting DIC registration certificate shall attach original notarised copy of the DIC certificate. The MSE’s Bidder to note and ensure that nature of services and goods/items manufactured mentioned in MSE’s certificate matches with the nature of the services and goods /items to be supplied as per Tender.

3. Traders/resellers/distributors/authorized agents will not be considered for availing benefits under PP Policy 2012 for MSEs as per MSE guidelines issued by MoMSME.

4. The registration certificate issued from any one of the above agencies must be valid as on Bid closing date of the tender. Bidder shall ensure validity of registration certificate in case bid closing date is extended.

5. The MSEs who have applied for registration or renewal of registration with any of the above agencies/bodies, but have not obtained the valid certificate as on close date of the tender, are not eligible for exemption/preference.

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Tender 1090C18013 of 173

6. The MSEs registered with above mentioned agencies /bodies are exempted from payment of Earnest Money Deposit (EMD) & tender fees.

7. Relaxation of Norms for Micro & Small Enterprises (MSEs):

a. Pre-qualification criteria with respect to Prior Turnover and Prior experience may be relaxed for Micro & Small Enterprises as per GOI guidelines subject to meeting

of quality and technical specifications. b. However, there may be circumstances like procurement of items/services related

to public safety, health, critical security operations and equipment, etc., wherein OMPL reserves the right to not consider relaxation of Prior Turnover and Prior Ex-perience for Micro and Small Enterprises as per GOI guidelines.

8. Purchase Preference:

a) Items which are reserved for exclusive purchase from Micro and Small Enterprises shall be procured from Micro and Small Enterprises as per Public Procurement Policy.

b) Subject to meeting terms and conditions stated in the tender document, twenty percent of the total quantity of the tender is earmarked for MSEs regis-tered with above mentioned agencies/bodies for the tendered item/services.

c) In case MSE bidder is L1 entire value of the tender is to be ordered on the L1 MSE bidder.

d) In tender, participating Micro and Small Enterprises quoting price within price band of L1 + 15% shall also be allowed to supply a portion of requirement by bringing down their price to L1 price in a situation where L1 price is from some-one other than a Micro and Small Enterprise and such Micro and Small Enterprise shall be allowed to supply upto 20 percent of the total tendered value (where the tender quantity can be split).

e) In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1 price, the supply may be shared proportionately if the job can be split.

f) In case the tendered quantity cannot be split, MSE shall be allowed to supply total tendered quantity provided their quoted price is within a price band of L1 +

15 percent and they match the L1 price. g) If the quantity cannot be split and there are more than one eligible MSE bid-

ders (price band within L1+15%) then the opportunity to match the L1 rate of the tender shall be given first to MSE (who have quoted lowest rate among the MSEs within the price band of L1+15%) and the total quantity shall be awarded to him after matching the L1 price of the tender.

h) If the MSE who have quoted lowest rate among the MSEs in the price band of L1 + 15% do not agree to match the rate of L1 of the tender, then the next ranked MSE bidder who has quoted within the price band of L1 + 15% in order shall be given chance to match the rate of L1 for award of the quantity/order.

i) For more clarity in this regard, following table is furnished;

Type of Tender

Price quoted by MSE Finalization of tender

Can be Split L1 Full order on MSE Can be Split Not L1

L1+15% but within 20% order on MSE subject

matching L1 price to

Cannot be Split

L1 Full Order on MSE

Cannot be Split

Not L1 L1+15%

but within Full Order on MSE subject matching L1 price

to

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Tender 1090C18013 of 173

j) The purchase preference to MSE is not applicable for works contracts where sup-ply of goods not produced by MSEs is also involved.

9) Out of the twenty percent target of annual procurement from micro and small enterprises four percent shall be earmarked for procurement from micro and small enterprises owner by Scheduled Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to participate in the tender process or meet the tender requirements and L1 price four percent sub-target so earmarked shall be met from other MSEs.

10) To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority in addition to certificate of registration with any one of the agencies mentioned in paragraph (I) above. Alternatively, the bidder shall be responsible to furnish necessary documentary evidence for enabling OMPL to ascertain that the MSE is owned by SC/ST entrepreneurs. MSE owned by SC/ST is defined as:

a) In case of proprietary MSE, proprietor(s) shall be SC/ST b) In case of partnership MSE, The SC/ST partners shall be holding at least

51% shares in the enterprise. c) In case of Private Limited Companies, at least 51% share shall be held by

SC/ST promoters. 11) If the bidder does not provide appropriate document or any evidence to substantiate the above, then it will be presumed that he does not qualify for any preference admissible under the Public Procurement Policy, 2012.

CONDITIONS FOR START-UP COMPANIES

1. Subject to meeting of Quality and Technical specifications, OMPL may consider al-

lowing the participation of ‘’Start up” companies with capability to execute the sup-

ply/ services, as per technical specifications/ perform the job as per scope of work

specified in the tender and subject to meeting extant & relevant guidelines of Gov-

ernment of India. This should be confirmed and substantiated in the technical bid.

2. The bidder who intends to participate as “Start up” company should enclose the

Certificate of Recognition issued by Department of Industrial Policy and Promotion,

Ministry of Commerce & Industry, Govt. of India during submission of Technical bid.

3. Prequalification Criteria with respect to Prior Turnover and Prior Experience may be

relaxed for Start ups as per the GOI guidelines.

4. However, there may be circumstances like procurement of items/services related to

public safety, health, critical security operations and equipment, etc wherein OMPL

reserves the right to not consider relaxation of Prior Turnover and Prior Experience

for Start up Companies as per GOI guidelines.

5. Start up Companies who are also registered as MSEs and wish to avail the

benefits as applicable to MSE, shall submit relevant documents covered under Con-

ditions for Micro and Small Enterprises elsewhere in this tender.

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Tender 1090C18013 P a g e 23 | 173 BACK

(To be in the Company letter head)

Date:

DECLARATION & UNDERTAKING BY MICRO & SMALL SCALE ENTERPRISES/STARTUP COMPANIES

Sl. Particulars Details

1

Is your organization Proprietary /

Partnership / Private Limited Companies /

Public Limited Company / Others

2

Does your organization belong to Micro /

Small / Medium scale Industry / Start-ups/

others (Please tick mark appropriate box. If

bidder is Startup & MSE, then please tick

mark both)

Micro

Small Scale

Medium

Startup Company

Others

3

Whether Manufacturer for the tendered

items (supply) / Service Provider for the

tendered services as per MSE

certification. (Please tick mark the

appropriate)

Manufacturer for supply items

Service Provider for services

Trader/reseller/authorized

agent/ distributor

Non MSE Bidder

4

In case you belong to Micro /

Small/Medium Scale Enterprises whether

you are registered under SC / ST

Category (Please tick mark the

appropriate)

Yes❑ No

if yes,

SC

ST

A) CATEGORISATION OF MSE/SC-ST VENDORS: 1. In case of Micro/Small/Medium scale Enterprises, kindly attach Registration Certifi-

cate 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 evi-dence.

B) CATEGORISATION OF START-UP COMPANIES:

Bidder who intends to participate as ’Start-up” company should also enclose the Certificate of Recognition issued by Department of Industrial Policy and Promotion, Ministry of Commerce & Industry, Govt. of India.

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 ten-der.

d) We are a ’Start-up” company and we are enclosing copy of certificate of recognition

issued by Department of Industrial Policy and Promotion,Ministry of Commerce & In-

dustry,Govt.of India.

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/ subjected to

appropriate actions as per tender Terms & Conditions.

Authorized Signatory (With Company Seal & Signature)

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EXHIBIT-2 : SCOPE OF SERVICES / SPECIAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS

SECTION

NO. DESCRIPTION PAGE NUMBER

1 CONSULTANT’s SERVICES FOR EPCM EXECUTION MODE 25-36

2 EXCLUSIONS FROM CONSULTANT’S SCOPE OF SERVICES 37

3 OWNER’S AND CONSULTANT’S OBLIGATION 38-40

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EXHIBIT-2, SECTION-1

CONSULTANT’s services and implementation philosophy for EPCM execution

mode

The scope of work includes detailed engineering to mechanical completion of all six

schemes envisaged

A. Tanker loading facility of Paraffinic Raffinate (PR) and Heavy Aromatics (HA)

B. Completion of HA tank and commissioning

C. Provision of 4 Inch dia drag Naphtha stream line from NHT stripper overhead to

MRPL up to MRPL Phase-II, HCU-II Unit.

D. Site preparation for NG Skid and Interconnection of Natural gas line from GAIL

conditioning skid to OMPL gas skid

E. Oil skimmer installation in wet slope tanks.

F. Conversion of one of the boiler feed pumps from motor drive to steam turbine

drive.

2.1 Scope of EPCM consultant is broadly divided in these two parts.

2.1.1 Part- A : Engineering services

The scope includes but not limited to detailed engineering, design for all six

schemes, preparation of material specifications, Issue of Drawings/P&ID’s/

isometric/AFC drawings, Assistance in obtaining statutory approvals,

Documentation control, Conducting HAZOP study, Develop procedure for pre-

commissioning, commissioning, testing & operation of the schemes, Cost

estimation for each scheme, Preparation of material requisition (MR) for

procurable materials and Preparation of scope of work & detailed tender document

for composite tender for required works, Approval of vendor drawings and

procedures, Assistance related to engineering & design issues during execution of

jobs.

2.1.2 Part- B : Construction & Commissioning Management

Project Management Services like progress review; Monitoring of construction

jobs; Material management as vendor approval, inspection & quality assurance

both at site and vendor shop, inward material inspection; Site supervision;

Developing safety procedures & implementation to ensure construction safety;

Vendor & Contractor bill certification; Assistance for mechanical completion, pre-

commissioning, commissioning and performance test run; Material reconciliation

and handing over of excess material to OMPL stores; Giving recommendation for

time extension of the contract; Recommendation for extra job& cost implication

and Contract closure and all other jobs as required for completion of the job as per

the scope of work. OMPL may also ask assistance for a period of 12 Months from

MC for contractor litigation/ vigilance queries as the need basis for which

additional payment shall be done as per agreed rates of this contract.

The EPCM Consultant will report to OMPL management on the project progress at

periodical intervals, to submit weekly/monthly/quarterly reports, on the progress,

to the project head.

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2.2 DEATILED SCOPE :

CONSULTANT shall implement the project through dedicated project group with

embedded Process, Engineering, procurement and Construction Management.

CONSULTANT will be single point responsibility for Basic and Detailed Engi-

neering, Preparation of various tender documents, Supply, Fabrication, Construc-

tion, Installation, Loop checking, Logic Checking, Control Loop verification and

assistance for Pre-Commissioning, Commissioning including total Project Man-

agement and handing over of Project to Owner.

CONSULTANT will act as an extension of Owner, always keeping in view Own-

er’s interests and advising/ guiding Owner on all important matters, to ensure that

the Project is completed within time, quality and safety standards.

Overall project coordination and Management

Project management and support function in a proactive integrated manner

Responsible for proper management and coordination of the total project

Responsible for detailed engineering complete in all respects.

Quality control.

Overall Progress Measurement and Reporting to OWNER, with due focus on

contractual schedule and quality.

Coordination with suppliers/contractors and licensors through OMPL.

CONSULTANT shall prepare the following documents for Project implementation

as per the requirements of the Project.

a) Coordination Procedure between OWNER, CONSULTANT etc. including

communication procedure, addresses and contact persons, correspondence

numbering system, number of copies etc.

b) Project Organization and Project Schedules

c) List of reports and sample formats.

d) Preparation of layouts as per requirements of PESO/OISD

e) Project Document Control procedures to ensure timely receipt and distribution

of drawings and documents and shall cover document numbering system, time

for review/submission, document distribution quantities, and transmittal

formats etc.

f) Procedures for Quality Assurance, Inspection, Construction Management ,

Safety, Cost Control, Progress Reporting, Change Orders, System handing

over etc.

g) Recommendation on PRS applicability & Extension of completion schedules

of suppliers/contractors.

The overall project management services shall cover the following area:

- Establish Project management system and procedures

____________________________________________________________


- Planning & Scheduling Control and Monitoring.

- Cost Control & Estimating.

- Change Order Control Management.

- Project Documentation Control.

CONSULTANT’s scope of services is covered under the following broad heads.

PART- A : Engineering Services

PART- B : Construction and Commissioning Management

2.2.1 Part- A : Engineering Services:

2.2.1.1 Engineering Management:

CONSULTANT upon study of various schemes in the field would take up the

detailed engineering activities of all six envisaged schemes.

Carry out detailed engineering towards necessary modifications in DCS Control

philosophy and logics

CONSULTANT will ensure that the design drawing/documents prepared meets

all the statutory requirements. CONSULTANT shall incorporate all major

features necessary to ensure safety of plant personnel.

CONSULTANT shall ensure timely submission of drawing/documents in order

to meet project schedule requirements

CONSULTANT shall prepare material requisition for major and long leading

procurement items like loading arm, HA pumps, Oil skimmer Etc.

CONSULTANT shall Prepare RFQ for composite tender along with cost

estimation for all six additional facilities including civil, structural, mechanical,

firefighting, electrical & instrumentation works along with cost of materials

CONSULTANT shall prepare detailed pre-commissioning/commissioning

procedure and operating manual based on procedures given by equipment

suppliers and standard operating procedures.

2.2.1.2 Detailed Engineering

a. General

Carry out engineering for all six schemes by studying provided sketches and

site visits.

CONSULTANT shall provide the necessary assistance, including participation

in the meeting with authorities whenever required, for providing technical in-

puts for all statutory clearances to be obtained by OMPL.

HAZOP will be carried out by CONSULTANT in participation with OMPL,

Licensor and vendors based on the final P & ID furnished and all recommenda-

tion will be incorporated/ implemented during detailed engineering. The

____________________________________________________________


HAZOP reports and compliance report shall be furnished to OMPL. HAZOP

chairman shall be appointed by consultant. Consultant shall submit the

HAZOP compliance report at the earliest but latest within one month before

the Mechanical Completion of the Unit/facility.

Issue of as-built P&IDs.

Engineering for hook-ups with existing facilities, as required.

Preparation of piping plan /elevation drawings , Isometrics with BOQ and

Technical specification /data sheet for all the process and other utility pipe

lines i.e. instrument air, service air, steam , service water, Nitrogen

Preparation of Technical Specification (TS), schematic drawings for all prod-

uct & utility lines including HP/MP/LP steam lines.

Preparation of TS/Data sheets/drawings for fire fighting facilities..

Preparation of TS/Data sheets for HA tank pumps, loading arm, control valves,

instrument and electrical equipments, PSV etc as per requirement.

Construction drawings of civil works for TLF shed, loading platform, flooring,

civil foundation for pumps/loading arms/oil skimmer, pipe supports, pipe rack

and drainage facilities i.e.CBD, CRWS , OWS

Preparation of list of instruments, TS/data sheets /drawings for all instruments

including loading arm with local control station for 2 Nos. of loading bays and

Steam turbine. Hook up with existing DCS system of OMPL wherever re-

quired.

Preparation of TS/data sheets/drawings for electrical earthing, lighting facili-

ties and hook up of electrical power & communication cables

Preparation of structural drawings with BOQ including 2 nos. of loading bays,

TLF shed, pipe rack, pipe supports etc.

Submission of as-built drawings prepared by CONSULTANT and review and

incorporates as-built drawings prepared by vendors/site-contractors

Preparation of tender specifications with schedules of quantities and tender

drawings

Review and approve of Material Requisition (MR) and Purchase Requisition

(PR) prepared by Composite contractor

Review and approve project schedule, drawing index, material index, Docu-

mentation index submitted by composite contractor

Review and approve detailed engineering carried out by composite contractor

Review and approve various drawings & P&ID, As built drawings prepared by

composite contractor and various vendors.

Review and approve documents and manuals submitted by composite contrac-

tor and various vendors.

Review and approval of vendor drawings

Preparation of all necessary drawings and technical documents for approval of

statutory authorities

b. Civil

Studying existing sleepers accommodating the new lines in existing sleepers

____________________________________________________________


Designing new sleepers wherever necessary along with pipe supports.

Designing required culverts/sleepers for road crossing.

Design of foundation for loading arm and related facilities including pumps

and structures.

Design of pavement for operating areas.

Design of OWS, CRWS and open drain system.

Design of approach roads in to tanker loading area from nearest main road.

Design of support for HP and MP steam lines for turbine.

Preparation of all necessary drawings and technical documents.

c. Structural Engineering

Preparation of tender specification.

Design of foundations for various equipment and structures (piling is not en-

visaged).

Design of pump house/shed for HA loading/transfer pump

Design of structures for installation of various equipment, pipelines and plat-

forms attached to various equipments.

d. Loading Arm

Designing of loading arm for tanker loading of Paraffinic raffinate, Heavy ar-

omatic, paraxyline or benzene by taking in to account all safety standards for

petroleum products

Preparation of general and detailed specifications, sketches and datasheets for

Loading arms.

Preparation of Material Requisition (MR) and Purchase Requisition (PR)

Preparation of tender specifications along with cost estimation

Review and approval of vendor’s drawings and design data as per project

standards

Develop testing procedure of loading arm and operating instructions for load-

ing/unloading products.

e. Rotating equipment

Two Heavy Aromatic pumps are envisaged in one of the scheme.


all rotating equipment.

Preparation of Material Requisition (MR) and Purchase Requisition (PR)

Preparation of tender specifications with cost estimation


standards.

____________________________________________________________


f. Oil skimmer

Two oil skimmers are envisaged in existing wet slope tank 31-FB-24A/B.


Oil skimmer.

Preparation of Material Requisition (MR)

Preparation of tender specifications with cost estimation


standards.

g. Piping

Preparation/finalization of piping material specifications, valve material speci-

fications and classification according to process requirement and standard for

process and utility lines based common PMS/VMS of OMPL.

Updation of equipment layout.

Preparation of piping isometrics, line schedule , MTO etc.

Preparation of approved vendor list for various mechanical items as piping,

valves etc.



Design of supports, anchors, expansion loop hangers etc including special

equipment supports, steam tracing

Insulation for piping and equipments and Painting for piping, equipments and

structure ( Existing insulation and painting specification of OMPL shall only

be followed)

Detailed specification of steam tracing requirements, if any.

Painting specifications & application procedure to be drawn up in accordance

with owner specifications. Inputs for tender preparation for painting jobs and

technical evaluation of offers.

List of equipments/ structures for Fire proofing as per existing fire proofing

specifications.

Stress analysis for piping as applicable

____________________________________________________________


h. Instrumentation

Preparation of specification for all field instruments and DCS/PLC, sizing of

orifice plates, control valves/pressure relief valves.

Preparation of approved vendor list for various instrument items.

Review of VDR and MR prepared by composite vendor

Review and approval of all vendor drawings

Preparation of logic diagrams in FBD format with write up

Preparation of functional schematics and complex loop drawings with write up

Update of existing system configuration diagram ( Existing editable drawing

shall be provided by OMPL)

Preparation of field engineering inputs for DCS/PLC such as controller segre-

gation, reports, sequence of events (SOE), point database, alarm list etc. The

preparation of logic diagram, functional schematics, loop drawings and

graphics shall be through DCS vendor.

Preparation of instrument index , data sheets, instrument cable schedule

As-built documents of all engineering and construction instrumentation deliv-

erables for the project facilities.

It is expected that existing DCS system is adequate to incorporate changes due

to these schemes. However for the all additional schemes, Consultant shall

carry out the adequacy check of the existing DCS system and if found

inadequate, suitable engineering solution shall be provided.

i. Electrical Engineering

No substation is envisaged for the additional schemes. Required Feed-

ers/MCB/LDB is available in nearest substations.

However consultant shall carry out adequacy check of electrical system and

Prepare Single Line Diagrams (SLDs) – clearly depicting the generating sub-

station feeders; intermediate sub-stations & switchboards.

All new loads to be added for the additional schemes load list shall be re-

viewed and approved by OMPL.

Preparation of cable layouts for Power & Control Cables, FA & PA Systems,

in Unit & Offsite Areas, clearly indicating cable trays / Structures / Trench /

Buried GI Pipes / Electrical Road Crossings.

Design of lighting loads, earthing installations for all six schemes. PA system

in loading arm area and NG skid.

Preparation of layouts for Hazardous Area classification / demarcation for ad-

ditional schemes, at all elevation – required for the selection & installation of

various electrical equipment, fittings and accessories.

Preparation of Electrical equipment layout drawings for Revamped Unit, clear-

ly indicating location of Switchboards, Distribution Boards, Junction Boxes,

Cable Routing, etc.

____________________________________________________________




Review and acceptance of final documentation from all suppliers & site-works

contractors and certification of layouts for As-Built status before final handing

over. Preparation of documents for submission to all relevant statutory authori-

ties before commissioning of facilities and obtaining of approvals from CEA

and other statutory authorities.

j. Statutory Clearance

The Assistance in obtaining statutory clearance includes compilation and prep-

aration of all necessary documentation, drawings, arrangement of statutory

site/shop inspection etc. and getting final the approval. Compilation of origi-

nal statutory Test certificates.

Assistance in obtaining Statutory clearances include, clearance from factory

directorate, CCE (PESO), Indian Boiler Regulation, CEIG/CEA, Civil avia-

tion department, TAC, OISD,AERB/BARC etc. (wherever applicable)

2.2.2.2 Project Documentation Control

CONSULTANT shall formulate and adopt a suitable document control and

transmittal system to ensure timely receipt and distribution of documents.

Consultant shall follow the project document procedure to be furnished by the

Owner. This would aim towards concept of smart documentation and reduce

the paper documentations.

All as built documents, engineering documents & vendor documents in

native format both in auto cad and PDF (not scanned copies) would be

shared in soft format with OMPL except Operating manuals for which

additional 3 sets of hard copies would be shared.

All Layout drawings & others that need to be printed above A4 sizes (for

readability) shall also be furnished in additional as hard copies (2 Sets) for

each revision & change.

CONSULTANT shall prepare following documents pertaining to all six

additional schemes and submit it to OMPL for approval

a. Consultant will, in consultation with OMPL, develop a phased mechanical

completion programme to facilitate sequential pre-commissioning activi-

ties culminating in a logical commissioning programme of the various fa-

cilities of the Project

b. Consultant will provide acceptable formats of handing over of the plants

including all required documentation, construction completion certificates

and mechanical completion certificates.

____________________________________________________________


c. Mechanical Completion is the condition achieved when the conditions

specified for Mechanical completion definitions are met.

d. Consultant shall develop Instruments and electrical formats applicable for

each process system, field instrument, SRR, Control Room, etc related in-

strumentation activities.

e. Prepare detailed flushing, pre-commissioning and commissioning schedule

along with the scheme and procedures for unit & facilities and will submit

for OMPL’s review and approval three months in advance.

f. Finalizing Pre-Commissioning, Commissioning and standard proce-

dures for start-up, normal operation, shutdown and handling of abnor-

mal situation.

2.2.2.3 Procurement Management & Tendering services

a. Procurement of Materials

Procurement shall be as per the agreed procedure discussed and finalized sepa-

rately with OMPL.

The scope shall include -

Preparation of Contracts and Purchase procedure.

CONSULTANT will update & finalize the SCC documents, whereas GCC

and GPC of OMPL shall be used.

Preparation of List of MRs and Tenders immediately after award of job with

the identification of long lead items.

Preparation of MR & RFQ/IFB for loading arms, HA Pumps, Oil skimmer

and any other high value & long lead items as per requirement.

The submitted MR & RFQ/IFB should be complete in all respect is to be

ready to float in OMPL/NIC portal

Master vendor list of CONSULTANT shall be used & provided. OMPL will

provide the list of vendors/contractors in their holiday list periodically.

Assist owner in procurement of shortage/damaged items.

Assist owner for technical & commercial evaluation of bids received during

tendering process by deputing his experts to OMPL during tech-

nical/commercial evaluation stage.

Analyze the applicability of PRS (Price Reduction Schedule) Clause as per

contract and recommendation of the same.

Inspection of all Project materials shall be carried out through Third Party

Inspection (TPI) agencies based on the list of TPIA approved by OMPL.

Certify vendor invoices

b. Tendering for composite work

Tendering services shall comprise:

Preparation of single composite tender for six additional facilities including

material supply, warehouse management, firefighting facilities, HSE re-

quirement during construction, mechanical, civil, structural, electrical, in-

strumentation works with item rate contract.

____________________________________________________________


Preparation of detailed tendering procedures, and contractor list for the ob-

jective of tendering, discuss and agreed with OMPL.

Consultant will update & finalise bid evaluation criteria, SCC documents,

where as GCC and GPC of OMPL shall be used.

Supply of all materials excluding steam turbine and the materials for

which MR is prepared by consultant shall be in composite contractors

scope.

The composite contractor’s scope shall include liaison with statutory au-

thorities (like PESO/ IBR/ Factories etc.) as necessary .Industrial rela-

tions and liaison with local labor authorities, municipal authorities, ex-

cise authorities, EPF authorities, local Government and such other statu-

tory bodies/ Law enforcing agencies shall be added to the contractor’s

scope.

Consultant shall include detailed job specification, technical specification,

data sheets, Inspection testing plan, Engineering design basis for all jobs

and materials procurements which is under composite contractor’s scope.

The submitted RFQ/IFB/Tender document should be complete in all respect

and is to be ready to float in OMPL/NIC portal

Consultant shall assist owner for technical & commercial evaluation of bids

received during tendering process of composite contract by deputing his ex-

perts to OMPL during technical/commercial evaluation stage.

2.2.2 Detailed scope of Part- B : Construction Management & Supervision:

The primary responsibility of the construction management, front line supervision,

cost control, quality assurance and mechanical completion will be with the

CONSULTANT.

Consultant should give the schedule of their engineers for construction man-

agement & supervision of all the schemes by considering simultaneous pro-

gress of all six schemes.

The schedule shall include required man month/ man days for each category of

job Viz : Mechanical, electrical, Instrumentation, Civil, safety, process Etc dur-

ing different stages of job execution.

Consultant should also give responsibility of each category of engineers Viz :

Mechanical, electrical, Instrumentation, Civil, safety, process Etc during pro-

ject execution and commissioning stage.

It is expected that the field job for all six schemes shall start and progress con-

currently.

In case the jobs are not executed simultaneously, consultant is required to de-

pute his engineers based on requirement from OMPL.

All the engineers deputed for execution should be permanent employees of the

consultant. The quoted man-month and per diem rates in form 2 and form 3 of

Exhibit -5 is only for permanent employees of consultant and not for out-

sourced man power.

____________________________________________________________


The engineers of the consultant deputed during execution of various schemes

should be a bachelor degree or diploma in engineering in respective disci-

plines.

Minimum relevant experience of a bachelor degree holder should be 3 years

and that of diploma holder is 5 years.

Consultant should submit the resume of the intended officer to OMPL and

his/her positing can be done only after getting clearance from Engineering In-

charge.

i. CONSULTANT’s scope during execution of schemes:

The responsibility of consultant during execution of the schemes includes but not

limited to

Consultant is responsible for all the field jobs except for storage and

transportation of materials inside OMPL premises.

Consultant shall ensure quality assurance requirements at site based on

OWNER approved QAP.

Manage and supervise all the field jobs including Civil, mechanical, piping,

erection, electrical, instrumentation, inspection, safety and ensure successful

implementation of all schemes in all respect.

Finalization of construction schedule and execution of site construction ac-

tivities (along with corrective catch-up plans) in accordance to the schedule

developed.

Certify quality and quantity of work performed by contractors and maintain

necessary records required for verifying contractor bills according to the

conditions of contracts. Analyzing extra claims, if any and forwarding the

recommendations to Owner including draft change order with annexure,

within contractual completion duration of consultant.

Certification of contractor bills and give recommendation to owner for re-

leasing the payment.

Identification, Inspection and Acceptance of materials at site.

Checking, management & reconciliation of inventory.

Recommend Owner for recoveries from contractors for issue of materials,

hire charges, rents and taxes etc. as per provision of contracts and perform

all duties of the Engineer-in-charge.

Technical assistance in expeditious settlement of extra claims, disputes etc.

after mechanical completion on agreed per diem rates basis.

Initiate action for arranging the services of vendor specialists as required for

satisfactory execution of erection and mechanical trial run, in terms of re-

spective contract.

Prepare construction Progress Reports, Construction Schedule, Action Plan

and other reports as per approved formats, till commissioning.

Review and certify as built drawings prepared by respective contractors and

shall be submitted to OMPL through transmittals.

Review & compile dossier of contractors’ documents including certification

related documents.

____________________________________________________________


Organize, plan and manage the construction work as a whole including re-

view meetings as per requirement.

All the safety precautions shall be ensured and all the safety requirements

shall be followed which may be issued time to time by OMPL.

OMPL security system shall be followed for the consultant and the contrac-

tors.

Suitable formats needs to be developed for QC, construction progress. Job

/Work procedures need to be developed.

ii. Pre-commissioning and commissioning assistance

CONSULTANT shall assist during pre-commissioning, coordinate and

provide technical assistance to OMPL in commissioning activity and arrange

for resolution of all technical problems that may arise in the process of commissioning.

The pre-commissioning activities will include ensuring conformance to

PFD/P&ID, flushing of lines with air, water, steam, nitrogen etc. as required,

chemical cleaning of lines, leak test with air, nitrogen, process fluids etc. as

per process licensor recommendations/guidance, loading of catalyst and

chemicals and any other activity required to be carried out in pre-

commissioning.

a. Finalization of Pre-Commissioning, Commissioning and standard pro-

cedures for start-up, normal operation, shutdown and handling of ab-

normal situation.

b. Ensure flushing, pre-commissioning and commissioning of all the schemes

as per approved procedures for individual schemes.

c. Carry out system checking in accordance to approved P&ID/PFD to en-

sure correctness to avoid / reduce check list & punch list from licen-

sors& OWNER.

d. Carry out P&ID check at site and & certify that all the jobs are done as per

the P&ID

e. Ensure Liquidation of Owners/Licensors punch/check lists, OISD etc.

Carry out modifications as found necessary during system check from

view point of operability, maintenance and safety of the plant.

f. Consultant shall arrange the vendor representatives required for

commissioning, (PO terms shall be suitable to meet commissioning re-

quirements)

g. Consultant commissioning personnel shall be available at plant site for

check listing, flushing, pre-commissioning and provide assistance during

commissioning and during initial plant operation till stabilization and suc-cessful commissioning.

____________________________________________________________



EXCLUSIONS FROM CONSULTANT SCOPE OF SERVICES:

1.0 The following are specifically excluded from Consultant's scope of work under

this contract:

i) Tendering, technical/commercial evaluation and purchase order/work order of

various materials and contracts shall be done by OMPL. However consultant

shall give draft MR/RFQ/IFB/tender document complete in all respect and

shall assist OMPL in technical & commercial evaluation of tenders.

ii) Steam turbine in scheme No. 6 (i.e. Conversion of one of the boiler feed pumps

from motor drive to steam turbine drive) shall be procured & installed by

OMPL. However consultant is responsible for engineering and execution of en-

tire scheme (Pipe line, electrical, instrumentation) except for the turbine.

iii) Appointment of back up consultant, if any (not envisaged by Consultant)

iv) Approvals / clearance, statutory approvals and clearances required for the Pro-

ject shall be in OMPL’s scope. However Consultant should give all necessary

inputs/support/assistance in obtaining statutory clearances.

v) Warehouse management including receipt, issue storage, maintenance, insur-

ance and claims, etc. shall be in Owner’s scope.

vi) Subject to the Conditions of Contract, any legal suit or arbitration proceeding

shall be defended by Owner, and Consultant to provide required technical as-

sistance with respect to Consultant deliverables on chargeable basis. Following are not envisaged as part of the Project -

i) Effluent treatment Plant for OWS Streams, CRWS Streams etc.

ii) Sewage treatment plant

iii) No New Substation and Control Room has been envisaged. Adequate space is

available in the existing substation for any switchboard extension,

iv) Watch & Ward including site security and site access for the project facilities

and warehouse.

v) Foreign travel/visit is not envisaged in project.

____________________________________________________________



OWNERS AND CONSULTANTS OBLIGATIONS

1.0 OWNER’S OBLIGATIONS

i) At the KOM, following documents shall be provided by OMPL

a. Layout of site along with Plot plan of OMPL.

b. Existing PFDs and Stream Summary

c. Required Equipment GADs

d. As-Built P&IDs

e. Field inspection documents of HA tank.

f. Details of Proposed Natural gas system which shall be installed by M/s GAIL.

g. Performance Curves of all Pumps as per requirement.

h. Control valve and safety valve datasheets

i. GADs of Existing Pipe Racks

j. U/G Piping Layouts

ii) OWNER shall also provide the following documents:

a. Details of existing DCS System, FA/PA and Communication system at the KOM

b. Editable copy of the existing Cable Schedule, SLD for Updation of the same for the

new facilities

c. Existing UPS Connected load and Actual loading details, battery AH/backup time de-

tails to be furnished for UPS Adequacy check.

iii) All utilities shall be provided from the hook up point where it is available.

iv) Tie-in at the B/L shall be identified and finalized jointly by OMPL and Consultant at

the Site. OWNER will provide required shutdown of the systems for hookups at re-

quired time in order to meet the schedule for completion.

v) For Hook-ups, OWNER to provide Process conditions, GADs, ISOs and P&IDs, PMS

of the existing plant

vi) OWNER will provide existing SLD, Area Classification diagram, cable schedule of the

existing plant.

vii) Editable soft copies of all Process document shall be provided by OMPL which shall be

used and for further detailed engineering.

viii) Site Data requirement for Detailed Engineering along with the Tie-in interfaces shall be

provided by OWNER.

ix) Provide the existing plant drawings and data as may be required to for the project. As

Built Drawings/ details and other information of the existing unit required for the pro-

ject is to be made available to CONSULTANT in Soft copies. No reworking/ regenera-

tion of old documents/ data is considered in CONSULTANT scope. Updation by CON-

SULTANT on the soft copies of As Built Drawings provided by OWNER

x) Timely shutdown for isolation for Hook ups as per schedule requirement.

1.2 Facilities to be given by OWNER on award of work

____________________________________________________________


OWNER shall provide the following free of cost to CONSULTANT at site:

a. Issue of gate pass/entry permits to CONSULTANT officers as per OMPL Se-

curity procedures.

b. Furnished cabinets to engineers in centralised AC building with required fur-

niture’s and computers.

c. Owners Pantry/canteen facilities shall be extended to Consultant on payment

basis. The charges will be mutually agreed by OWNER and CONSULTANT

at a later date.

d. Furnished conference room of reasonable size, with video conferencing facili-

ty and projector as available with Owner

e. Required number of telephone facilities having STD Facility will be provided

by OWNER. The operating expenses incurred by CONSULTANT will be

borne by CONSULTANT themselves.

f. Security Watch & Ward at site office

g. Medical and first Aid facilities will be borne by OWNER limited to emergen-

cy Medical aid at Site. Subsequent cost involved will be borne by CON-

SULTANT.

2 CONSULTANTS OBLIGATIONS

a) Project management, engineering, procurement, construction, commissioning,

documentation as explained in Exhibit- II section-1

b) Travelling to consultant head office to OMPL and stay at Mangalore as and

when required during the entire period of contract is at the scope of consultant.

c) Medical and first Aid facilities while at site will be borne by OWNER limited

to emergency Medical aid only. Subsequent cost involved will be borne by

CONSULTANT.

3. GENERAL OBLIGATIONS

a) Industrial relation functions and implementation of labour laws at site is the respon-

sibility of OWNER as principal employer. However consultant shall follow all stat-

utory rules and regulations

b) Liaison with the statutory bodies and local authorities for obtaining of statutory

clearances shall be done by OMPL. However consultant should provide necessary

assistance as and when required.

c) For settlement of extra claims raised by the contractors and arbitration cases, CON-

SULTANT shall provide necessary technical assistance to OWNER in these matters

till as and when required on need basis for which payment shall be done as per agred

rates in this contract.

____________________________________________________________


d) Processing contractor’s bills for financial clearance and making payments to the con-

tractors shall be carried out by OWNER directly. CONSULTANT shall certify the site

work for billing purpose as per prevailing procedure adopted during other projects.

e) OWNER shall undertake Pre-commissioning and Commissioning activities. Necessary

support from respective contractors shall be obtained.

f) Vendor payment, retiring of bank documents, management of bank guarantees re-

ceived in favour of OWNER and opening and maintaining of L/C against foreign sup-

plies shall be the responsibility of OWNER

g) Custom clearance and material transport to site shall be by OWNER through their

Clearing and forwarding agents.

h) OWNER shall make the final payment to vendors based on MRR issued and certifica-

tion of bills by CONSULTANT.

i) Settlement of extra claims raised by the Contractors and arbitration cases shall be han-

dled by OWNER. CONSULTANT shall provide necessary technical assistance to

OWNER in these matters.

j) Processing contractor’s/ Vendors invoices for finance clearance and making payments

to the Contractors shall be carried out by the OWNER directly. CONSULTANT shall

certify the quantities for billing purpose.

k) OMPL shall perform any and all activities, make available information and provide all

approvals within a period of 14 days of receipt of documents or at such time as may be

necessary to enable CONSULTANT to execute its services efficiently and without disruption

or delay.

l) OMPL shall provide free and unrestricted access to the site in time as mutually agreed by the

PARTIES.

m) OMPL shall provide required power for execution of the project on chargeable basis.

However consultant/contractor has to provide energy meter and all safety equipments/ELCB

in the electrical circuit to safe guard upstream breakers & DB’s. Clearance to draw power

shall be given only after certification of healthiness of all electrical equipments by OMPL

engineers. The charges for used electricity shall be Rs 7.5/KWH.

n) OMPL shall provide free service/construction water at the nearest available point to the work

site. Contractor has to make his own arrangements for transportation of water from common

point to work site. Maximum rate at which service water can be made available is 5 M3/Hr. In

case service water is required at a higher rate contractor has to make his own arrangement.

o) Contractor’s payment to their employees / workmen shall be fair and in no case be less than

the wages prescribed by the Government under the Minimum Wages Act, 1948 as described

in GCC. No compensation shall be given by OMPL for increase/decrease in minimum wages

by the government during entire contract period.

p) All work permit and electrical clearances during the execution is to be taken as per ap-

proved OMPL procedure.

q) All contract men shall wear Safety Helmets & Safety Shoes & medically fit to carry out

such jobs. They will not be permitted to enter operation unit area without wearing safety

helmet & safety shoes. Consultant and its personal should follow OMPL safety rules and

regulations as described in OMPL safety management guideline attached in Exhibit - 13

r) Depending upon the nature of the job, contract men shall compulsorily wear Personal Pro-

tection Equipment such as Hand Gloves, Safety Belt, Face Shield, Goggles, Boiler Suit.

However other than the above, special PPE if required for the job will be supplied by OMPL

on returnable basis.

____________________________________________________________


EXHIBIT-3 : COMPLETION SCHEDULE

1.0 CONTRACT PERIOD:

1.1 Time period for completion of Part - A of the consultant services (i.e. Engi-

neering Services) is six months from the date of issue of LOA; except for ser-

vices of the consultant which can be done post tendering stages.

1.2 Time period for completion of part- B (Construction activities) shall be 18

months from date of LOA. The services from the consultant shall be taken as

per need basis with a written request from owner whenever such require-

ment arises.

The pre commissioning and commissioning of all the six schemes should be completed within

30 days of mechanical completion of respective schemes.

Note : It is expected that procurement of items and lining up of composite contract will take 3

months from the date of receipt of approved MR/RFQ.

2.0 Work Program:

2.1 CONSULTANT within 15 days of placement of LOA has to furnish to detailed

project schedule to OMPL covering time period for completion of each of mile stone

as

Detailed engineering for all six schemes along with plan for tendering.

Submission of approved tender document for all identified materials

Submission of approved tender document for composite tender.

Placement of various purchase orders and composite work order

Time period for various receipt of materials at site

Mechanical completion for each of the six schemes.

Commissioning schedule for each of the six schemes.

The project schedule is to be prepared both for Part-A (Engineering services) as well as for

Part- B (Construction and commissioning services).

2.1.1 For Part- A the services is to be further divided in to

a. Deliverables which is to be completed during first six months.

b. Engineering services to be given during tendering process

c. Engineering services by consultant during procurement & construction stage.

2.1.2 For part- B time schedule to be given for mechanical completion of individual schemes

by considering time for receipt of material at site.

____________________________________________________________


2.2 OMPL and CONSULTANT shall thereafter settle such work program and such settled

program signed on behalf of OMPL and CONSULTANT shall constitute “Time

Schedule of Work” or “Schedule of Work” for the purpose of the Contract. To complete

the job as per schedule consultant shall mobilize additional manpower based on the

actual requirement at consultant cost.

3.0 Approval of Program:

3.1 OMPL shall, within 15 days of receipt of such program, notify CONSULTANT in

writing that:

i) The work program is approved with or without modification; or

ii) The work program is rejected, in which case reasons for such rejection shall be

given; or

iii) Further information is required to clarify or substantiate the work program.

Provided that if none of the above actions is taken within the said period of 30 days,

OMPL shall be deemed to have approved the program submitted. CONSULTANT

shall, within 15 days of receiving notification under (iii), provide the further

information requested failing which the program shall be deemed to have been

rejected. CONSULTANT shall within 7 days thereafter submit a revised program

taking account of the reasons given for the rejection or incorporating the further

information requested by OMPL. After OMPL’s approval of such detailed program,

CONSULTANT shall comply therewith, provided that such program may thereafter

be modified with OMPL’s prior, written consent.

3.2 Priority of Work: CONSULTANT shall give the Work priority and no other work of

CONSULTANT shall take precedence over the Work, nor shall CONSULTANT

make any allocation of its resources which would have the effect of delaying the

timely performance of the Work.

3.3 Maintenance of Schedule of Work: If CONSULTANT is not performing the Work at

a rate which will maintain the Schedule of Work, CONSULTANT shall, at its

expense and without entitlement to any additional compensation, cause

CONSULTANT’s Personnel to work such overtime and shall furnish such additional

personnel and other resources & inputs/ materials as may be required to comply with

the Schedule of Work.

3.4 Adjustments of Schedule of Work: Time Schedule of Work shall be adjusted only:

i. By an extension of time granted by OMPL or

ii. When the Parties otherwise agree in writing that the Time Schedule of Work

should be extended or accelerated.

4.0 Definition of Mechanical Completion and Acceptance

Mechanical Completion is the condition achieved when:

____________________________________________________________


a. The Unit or facility has been erected in accordance with relevant drawings,

documents, specifications, instructions and applicable codes and regulations,

safety standards

b. Liquidate all punch lists provided by the Licensor/ OMPL except for minor

points which does not affect safe commissioning of the facility.

c. All the deficiencies that could prevent safe and orderly commissioning activi-

ties have been rectified.

d. Defined Tie-in work to the operating plant which can be carried out during the

opportune moments prior to Mechanical Completion.

e. Minor remaining works of Insulation, removal of scaffolding, temporary pip-

ing, and minor left out house keeping can be done after mechanical completion

but shall be completed before start up.

5.0 Penalty for not accomplishing engineering with in scheduled due date.

a. Time period for completion of engineering services (Part-A) is six months

from the date of LOA.

b. If the engineering and preparation of various contract documents as agreed by

OMPL and consultant as detailed in clause 2.0 of EXHIBIT-3 is not completed

within six months of date of LOA, then Price Reduction schedule (PRS) will

be applicable at half percent (0.5%) of the value assigned for Part-A

(Engineering services) per week for delay in engineering services with a

maximum ceiling of 5% of value for part-A.

c. If mechanical completion of all six schemes could not be done with-in 18

months of date of LOA, then Price Reduction schedule (PRS) will be

applicable at half percent (0.5%) of the billed value for Part- B (Total billed

man month cost till actual mechanical completion of all six schemes) per week

for delay in mechanical completion subject to a maximum ceiling of 5% of

billed value for Part- B.

b. The above PRS shall not however, apply if the delay is due to force Majeure

conditions or due to the reasons which are not attributable to consultant and not

in the control of consultant as per scope of this work order. The definition of

force majeure is as per Exhibit -10 Article-12.

c. In case of occurrence of any delay which is not in the control of consultant as

mentioned in clause 5(b), it is to be brought in to the notice of engineering in-

charge with-in one week of such occurrence, for his review and give

appropriate time extension after ensuring the delay is beyond the control of

consultant.

____________________________________________________________


EXHIBIT- 4

REMUNERATION, CONTRACT PRICE

AND PAYMENT TERMS

1.0 REMUNERATION, CONTRACT PRICE

CONSULTANT’s REMUNERATION: In consideration of CONSULTANT’s

agreeing to perform the Work in accordance with this Contract, OWNER shall pay to

CONSULTANT the Contract Price, subject to such adjustments as are herein or

otherwise in the contract document specified but otherwise without any adjustment,

increase or discount. Details of the contract price are contained in Exhibit – 5.

1.1 REMUNERATION

1.1.1 CONSULTANT’s lump sum price for its scope of engineering services, per month

and per diem cost and terms & conditions to be performed as per this contract shall

be as per Exhibit – 5 Form 0.

1.1.2 The lump sum price for Part –A (Engineering services) as per Exhibit – 5 Form 1

and shall be inclusive of all the expenses for performance of the scope of work. The

cost shall also include travel cost (Includes inland, local, boarding, lodging etc.),

administrative expenditures, mobilisation and demobilisation charges etc.

1.1.3 Consultant’s man month rates for the services in Part-B (Construction &

commissioning management) shall be as per Exhibit – 5 Form 2.

The man month cost shall be subject to the following:

a. Consultant has to deploy their team at site for supervision and management

of construction on man month basis after getting clearance from OMPL

based on approved work programme.

b. Also clearance is to be taken from engineering Incharge before leaving the

station.

c. Payment for deployment of personnel with respect to which man-month

rates or payable shall be paid on the rates quoted and for the actual duration

of their respective deployments at site and duly certified by owner. Rates are

inclusive of travel costs in India and its associated expenses, such as

lodging, boarding, living allowance, all local transport, visa/ work permit

and medical insurance.

d. Payment shall be done on man month basis based on following formula:

i. 26 working days in a month shall be considered for certification of man-

month working.

ii. If an engineer is on the job for more than continuous 15 days (Including

Sundays/Holidays/personal leave), the payment shall be done on prorata ba-

____________________________________________________________


sis on quoted man-month rates. Per diem rates shall be applicable if the en-

gineer is on the job for less than continuous 15 days (Including Sun-

days/Holidays/personal leave).

iii. Working days shall be calculated based on attendance of the deployed engi-

neer as certified by Engineer-in-charge

iv. For eg. If an engineer works in site for 40 working days he shall be admis-

sible for 40/26 = 1.54 man- months of payment admissible for his category.

v. Personal holidays of any engineer shall be considered as continuous duty

period but such days shall not be considered as a working day.

vi. The reporting place for counting of man month days shall be OMPL com-

plex.

vii. Normal working hours shall be 09:00 to 17:15 Hrs from Monday to Satur-

day except on Closed Holidays as per OMPL calendar.

viii. There will not be any compensation up to 2 hrs beyond normal working

hours.

ix. For working after 19:15 Hrs, over time compensation shall be given as per

applicable per-diem cost calculated for nearest extra hours worked.

x. For Eg. If an engineer works up to 22:00 Hrs, he is performing 2 Hrs and

45 Mins of Extra duty and is admissible for an over time compensation for

three hours and will be paid (3/8) * per diem cost applicable for him as per

contract.

xi. Such an over time rate is also admissible for working hours on Sundays

and closed Holidays as per OMPL calendar.

1.1.4 CONSULTANT’s per diem rates for any additional services desired by OMPL

beyond the agreed scope as per Exhibit – 5 Form 3.

The per diem rates shall be subject to the following:

a. Consultant’s per diem charges shall be payable for all days starting from the

day of arrival at the destination city and shall terminate with the day of

departure there from the city of the visit in case of working out of Home

Office.

b. The per diem rates are inclusive of travel costs in India and its associated

expenses, such as lodging, boarding, living allowance, all local transport, visa/

work permit and medical insurance.

c. Consultant's per diem rates shall be based on a normal working of 8 hours a

day and 6 days a week. Any extra hours worked shall be charged on pro-rata

basis.

1.1.5 Prices quoted by the Bidder shall remain firm and fixed and valid until completion

of the contract performance. However, if the completion of the PROJECT extends

beyond the scheduled completion date for the reasons not attributable to

CONSULTANT, CONSULTANT shall be entitled for compensation of additional

services for the extended period. Such additional compensation shall be mutually

discussed and agreed upon based upon the efforts spent by CONSULTANT.

____________________________________________________________


1.2 Taxes and duties

1.2.1 In view of OMPL being an SEZ Unit, Supply of goods or services or both to a SEZ

units shall be treated as supply in the course of inter-State trade or commerce and the

same is "zero rated supply" as per the Integrated Goods and Services Tax Act, 2017

(hereinafter referred to as ‘IGST Act’). Accordingly Supplier shall not collect IGST

on supply to OMPL.

1.2.2 Bidder / Suppliers / Contractors / Service Providers shall have registration under IGST

Act for supply of goods/services or both to OMPL-SEZ Unit.

1.2.3 The brief procedure for ‘Zero Rated Supply’ to a SEZ Unit under the IGST Act (as

prevailing upto31.07.2017 and subject to any amendments/ procedures prescribed by

the Central Government from time to time) is laid down hereunder:

1.2.3.1 As per the IGST Act,

(i) Supply of goods or services or both to a SEZ unit shall be treated to be a supply

of goods or services or both in the course of inter-State trade or commerce. [Re-

fer Sec. 7(5)(b) to IGST Act]

(ii) The supply of goods or services where the location of the supplier and the place

of supply of goods or services are in the same State or same Union Territory

shall be treated as intra-State supply. However, the supply of goods or services

to a SEZ unit shall not be treated as intra-State supply. [Refer Sec. 8(1) & 8(2)

of IGST Act]

(iii) The supply of goods or services or both to a SEZ unit amounts to “zero rated

supply” of goods or services or both. [Refer Sec. 16(1)(b) of IGST Act]

(iv) Subject to provisions of Sec. 17(5) of the Central Goods and Services Tax Act,

2017 (hereinafter referred to as ‘CGST Act’), credit of input tax may be availed

for making zero-rated supplies, notwithstanding that such supply may be an ex-

empt supply. [Refer Sec. 16(2) of IGST Act]

(v) A registered person making zero rated supply shall be eligible to claim refund

under either of the following options, namely:

(a) he may supply goods or services or both under bond or Letter of

Undertaking, subject to such conditions, safeguards and procedure as may be

prescribed, without payment of integrated tax and claim refund of unutilized

input tax credit; or

(b) he may supply goods or services or both, subject to such conditions,

safeguards and procedure as may be prescribed, on payment of integrated tax

and claim refund of such tax paid on goods or services or both supplied,

In accordance with the provisions of section 54 of the Central Goods and

Services Tax Act or the rules made thereunder. [Refer Sec. 16(3) of IGST Act]

____________________________________________________________


1.2.3.2 The procedure for claiming refund on making a ‘Zero Rated Supply’ to a SEZ Unit

as specified under Sec. 16(3) of the IGST Act is as under:

A. For claiming refund under Section 16(3)(a) of the IGST Act – “zero-rated supply”

of goods or services or both to a SEZ Unit under Bond or LUT, without payment of

IGST and claiming refund of unutilised input tax credit:

a) The supplier shall furnish the Bond/LUT to GST authority before making the

zero-rated supply. (Refer Form GST-RFD-11 & related Rules, Circular No.

4/4/2017-GST dated 07/07/2017 & suppliers from Karnataka State may also

refer Commissioner of Commercial Taxes Circular No. 06/2017-18, dated

13/07/2017).

b) The Tax Invoice for this supply shall carry an endorsement “SUPPLY TO SEZ

UNIT FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF

UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX” and also

the details of bond/LUT furnished to GST authority.

c) The tax invoice for supply of goods or services or both to SEZ Unit shall be

presented to the specified officer of the Zone for its endorsement. (Any change

in the law or procedure relating to the SEZ Act or Rules made thereunder shall

be complied with from time to time).

d) The supplier of goods or services or both to a SEZ unit may claim refund of

unutilized input tax credit in terms of Sec. 16(3)(a) of IGST Act read with Rule

89 of the CGST Rules, 2017. Alternatively, he may utilise the input tax credit

attributable towards the supplies made to SEZ for paying his output tax liability

as per Input Tax Credit provisions in terms of Section 16, 17 and 18 of CGST

Act read with Rule 36 to 45 of CGST Rules, 2017.

B. For claiming refund under Section 16(3)(b) of the IGST Act – “zero-rated supply”

of goods or services or both to a SEZ unit on payment of IGST and claiming refund

of IGST paid:

a) The Tax Invoice for this supply shall carry an endorsement “SUPPLY TO SEZ

UNIT FOR AUTHORISED OPERATIONS ON PAYMENT OF

INTEGRATED TAX”. Further supplier shall indicate in their tax invoice that

“The IGST amount mentioned in the invoice shall be paid by the registered

person making zero-rated supply without claiming the same from SEZ Unit”.

b) The tax invoice for supply of goods or services or both to SEZ Unit shall be

presented to the specified officer of the Zone for its endorsement. (Any change

in the law or procedure relating to the SEZ Act or Rules made thereunder shall

be complied with from time to time).

c) The supplier of goods or services or both to a SEZ unit may claim refund of

IGST paid in terms of Sec. 16(3)(b) of IGST Act read with Rule 89 of the

CGST Rules, 2017.

____________________________________________________________


1.2.4 The Bidder / Suppliers / Contractors / Service Providers shall be required to issue tax

invoice and shall upload the appropriate information/data/document at GSTN portal as

prescribed under the provisions of IGST Act, respective State GST Acts and Rules

and the CGST Act and Rules made thereunder. Any non-compliance in this regard or

non-receipt of tax invoice, OMPL shall have the right to withhold the payment against

such Tax Invoice. The TDS on the supply of goods or services or both, if applicable,

shall be deducted in accordance with the provisions of GST Law at applicable rate and

a certificate as prescribed for such deduction shall be provided by OMPL.

1.2.5 The Bidders / Suppliers / Contractors / Service Providers shall ensure proper compli-

ance with the provisions of the IGST Act, respective State GST Acts and Rules and

the CGST Act and Rules including the anti-profiteering Clause or other related claus-

es, payment of taxes, filing of returns, issuance of e-way bills/other documentary re-

quirements for supply of goods or services or both as may be required under the said

Acts and Rules made thereunder and enable OMPL to comply with the requirements

under the said Acts and Rules made thereunder in respect of any supply of goods or

services or both under this Tender / Purchase / Work Order / Contracts.

1.2.6 Any statutory variation or new taxes / duties / cess / levies notified / imposed after the

submission of last / final price bid, but before the contractual date of completion of

work shall be to the Owner’s account. However, any statutory variation after the con-

tractual date of completion shall be to Contractor’s account.

1.2.7 Income Tax / Corporate Tax :

A) As regards Income Tax, Surcharge on Income Tax or any other Corporate Tax pay-

able by the Bidder for reason of the contract awarded, and / or on their expatriate

personal, the Owner shall not bear any Tax liability whatsoever, irrespective of the

mode of construction of contract / order. The Bidder shall be liable and responsible

for payment of such tax, if attracted under the provision of Indian Income Tax Act.

B) Bidder may note that if any tax is deductible at source as per Indian Income Tax

Law, the same will be so deducted before releasing any payment to the Bidder and a

TDS (Tax deducted at source) certificate will be furnished to the Bidder.

2.0 TERMS OF PAYMENT

CONSULTANT’s fees shall be paid as per the following on monthly basis upon

submission of the bill. One bill per month is allowed.

For Part- A : Lump sum fee towards Engineering Services

Lump sum fee towards EPCM Services

i. 10% After Kick-off Meeting

ii. 30% against Engineering

iii. 10% against submission of AFC ( Approved for construction) drawing

iv. 40 % against submission of approved tender documents i.e. MR/RFQ.

____________________________________________________________


v. 5 % against Mechanical completion.

vi. 3% on commissioning

vii. 2% on submission of all documents

Billing breakup shall be worked out for stage payment on mutual agreement.

Part- B Construction management & Supervision (Monthly and per diem cost)

Reimbursable of 100% payment will be on monthly basis based on certified attendance sheet

from engineering Incharge.

Above mentioned lump sum fee and any other amount, due as payable, as specifically

provided in the CONTRACT or as authorized by OMPL, shall be payable within 30

days of receipt of appropriate invoice along with relevant documents by OMPL. All

invoices will be certified before payment by Engineering Incharge.

All payments by Owner to CONSULTANT shall be made by electronic transfer to an

account or accounts to be designated by CONSULTANT and maintained by

CONSULTANT. CONSULTANT to provide all necessary details to OWNER for

effecting payment by Electronic transfer thorough banking channel.

Effect of Payment: The making of any payment shall in no event constitute the

acceptance by Owner of any Work performed by CONSULTANT pursuant to this

Contract.

____________________________________________________________


EXHIBIT 5 - SUMMARY OF SCHEDULE OF RATES

EXHIBIT 5 Form – 0

SUMMARY OF SCHEDULE OF RATES

ENGINEERING & CONSTRUCTION MANAGEMENT FOR SIX NUMBER OF

ADDITIONAL FACILITIES AT ONGC MANGALORE PETROCHEMICALS LIMITED

MANGALORE, KARNATAKA

Sr.

No. Description

Currency

of Quote

Amount

In figures In Words

1.

Lump-sum Price Towards

Engineering services ( Part-A) of all Six schemes

& Cost Estimation as per Form – 1

INR

2.

Man month rates for services towards

Construction management & supervision (Part-

B) as per Form – 2

INR

3. Per diem cost for consultancy and inspection

services as per Form - 3 INR

Note:

1. The bidder to clearly indicate “Quoted/Not quoted” against each Sr. No. in unpriced

price schedule. Bidders to submit price part of above price schedule in the price bid.

2. Bidder must quote the price in scheduled formats only. The formats shall not be

changed and/or retyped.

3. For Sl. No. 2 above, Man month cost for services shall be inclusive of travelling

charges, boarding and lodging charges. For evaluation purpose, 12 man months shall be

considered during construction and commissioning of all six schemes. However in

actual case man months may be higher or lower than 12. Payment shall be done on

actual man months worked based on certification from engineering in-charge.

4. For Sl. No. 3 above, Per diem cost for consultancy and inspection services shall be

inclusive of travelling charges, boarding and lodging charges. For evaluation purpose,

50 man days shall be considered during entire project period. However in actual case

man days may be higher or lower than 50. Payment shall be done on actual man days

worked based on certification from engineering in-charge.

5. In case of any contradiction between quoted prices in FORM-1, FORM-2 and FORM-3

with prices mentioned in FORM-0; the prices quoted in FORM-0 shall prevail.

6. In case of contradiction between prices in figures and words, the prices quoted in words

shall prevail.

7. In view of OMPL being an SEZ Unit, Supply of goods or services or both to a SEZ

units shall be treated as supply in the course of inter-State trade or commerce and the

same is "zero rated supply" as per the Integrated Goods and Services Tax Act, 2017

(hereinafter referred to as ‘IGST Act’). Accordingly Supplier shall not collect IGST on

supply to OMPL. For details, please refer Clause 1.2 Taxes and Duties under Exhibit- 4

(Remuneration, Contract Price And Payment Terms).

(STAMP AND SIGNATURE OF TENDERER)

____________________________________________________________


EXHIBIT -5

Form – 1

DETAILS OF SCHEDULE OF RATES FOR ENGINEERING SERVICES ( PART-A)

(COVERED UNDER SL. NO.1 OF FORM – 0)

Sl. Description UOM Currency

of Quote

AMOUNT

In figures In Words

1

Lump-sum Price Towards

Engineering services ( Part-A) of

all Six schemes & Cost Estimation

(As per Scope of Work)

Lump

Sum INR

Note:

1. The prices shall be exclusive of all applicable taxes and duties. In view of OMPL being

an SEZ Unit, Supply of goods or services or both to a SEZ units shall be treated as sup-

ply in the course of inter-State trade or commerce and the same is "zero rated supply" as

per the Integrated Goods and Services Tax Act, 2017. Accordingly Supplier shall not

collect IGST on supply to OMPL. For details, please refer Clause 1.2 Taxes and Duties

under Exhibit- 4 (Remuneration, Contract Price And Payment Terms).

2. As regards Income Tax, Surcharge on Income Tax or any other Corporate Tax payable

by the Bidder for reason of the contract awarded, and / or on their expatriate personal,

the Owner shall not bear any Tax liability whatsoever, irrespective of the mode of con-

struction of contract / order. The Bidder shall be liable and responsible for payment of

such tax, if attracted under the provision of Indian Income Tax Act.

3. Bidder may note that if any tax is deductible at source as per Indian Income Tax Law,

the same will be so deducted before releasing any payment to the Bidder and a TDS

(Tax deducted at source) certificate will be furnished to the Bidder.


____________________________________________________________


EXHIBIT -5

Form- 2

MAN MONTHS RATE TOWARDS CONSTRUCTION MANAGEMENT &

SUPERVISION


Sr.

No. Description

Currency

of Quote

Man Month rates

(up to 8 working hrs/day and 26 days in

a month)

Amount In Figure Amount in Words

1

Man month rates for services

towards Construction

management & supervision

(Part-B)

(As per Scope of Work)

INR

Notes :

1) Man month cost for services shall be inclusive of travelling charges, boarding and

lodging charges. For evaluation purpose, 12 man months shall be considered during

construction and commissioning of all six schemes. However in actual case man

months may be higher or lower than 12. Payment shall be done on actual man months

worked based on certification from engineering in-charge

2) Bidder to quote rates valid up to end of December 2020. Bidder has to quote

escalation percentage for year to year escalation beyond 2020 up to 2022 in the below

table. However these rates of 2021 and 2022 won’t be considered for evaluation.

Year Escalation percentage

Percentage increase for year 2021 over

quoted rates

Percentage increase for year 2022 over year

2021 rates


____________________________________________________________


EXHIBIT -5 Form- 3

PER DIEM RATES FOR CONSULTANCY AND INSPECTION SERVICES DURING

ENGINEERING, PROCUREMENT AND EXECUTION OF SIX NUMBER OF SCHEMES

AT OMPL


Sr.

No. Description

Currency of

Quote

Per Diem rates

Amount In Figure Amount in

Words

1

Per diem rates up to 8

working hours on normal

working day.

INR

Notes :

1) Per diem cost for consultancy and inspection services shall be inclusive of travelling

charges, boarding and lodging charges. For evaluation purpose, 50 man days shall be

considered during entire project period. However in actual case man days may be

higher or lower than 50. Payment shall be done on actual man days worked based on

certification from engineering in-charge

2) Bidder to quote rates valid up to end of December 2020. Bidder has to quote

escalation percentage for year to year escalation beyond 2020 up to 2022 in the below

table. However these rates of 2021 and 2022 won’t be considered for evaluation.

Year Escalation percentage

Percentage increase for year 2021 over

quoted rates

Percentage increase for year 2022 over year

2021 rates


____________________________________________________________


EXHIBIT 6 WARRANTIES AND GUARANTEES

1.0 General Warranties:

1.1 CONSULTANT guarantees that the basic design, detailed design and engineering

performed by CONSULTANT as specified and described in this CONTRACT and

the technical documentation to be developed shall be in accordance with sound

and established engineering practice, using engineering codes, standards and

Indian Regulations where applicable, free from defects and suitable for

respective uses intended.

1.2 CONSULTANT warrants that:

1.2.1 Personnel: All professional personnel of CONSULTANT and its Subcontractors shall

have proper qualifications for the SERVICES assigned to them hereunder and shall

deploy the required number of personnel.

1.2.2 Standard of Care and SERVICES: CONSULTANT shall perform their obligations

under this Contract in conformity with the highest international standards of care

employed by leading engineering firms in the petroleum refinery industry and all

SERVICES shall be Excellent.

1.2.3 Management, Design and Development: The management, design and development

of the SERVICES shall conform to this Contract and shall be free of defects and

deficiencies. The management, design and development shall be such that the

SERVICES shall comply with the terms of this Contract and shall meet all design,

safety and performance and other criteria as specified herein.

1.2.4 ENGINEERING: In the event of faulty or defective engineering undertaken or

performed by CONSULTANT within the scope of services described in Exhibit 2,

CONSULTANT shall promptly and at its own cost and initiative carry out and

undertake corrective design, drawings and engineering as may be necessary to rectify

the fault or defect without any additional cost to OWNER. However, no such

liability shall be after 18 months from date of mechanical completion or 12 months

from the date of commissioning, whichever is earlier.

1.2.5 SERVICES: The SERVICES shall be fit for the purposes and uses intended and

capable of use in the manner contemplated in the Contract.

1.2.6 Other Services : All SERVICES performed by CONSULTANT and Sub consultants

not otherwise mentioned in this Para 1.1, including, without limitation, inspections

performed by CONSULTANT or its Subcontractors under this Contract, shall be

____________________________________________________________


adequate and sufficient for the purposes intended, in conformity with the terms of

this Contract and free of defects and deficiencies.

CONSULTANT’s obligation to manage, design and develop the SERVICES

correctly, and the General Warranties set forth above, shall not be reduced or

affected by any inspection, test, acceptance or payment, OWNER’s approval of any

designs, drawings or specifications, or by the issue of the Certificate of Acceptance

of the SERVICES or any re performance or replacement of any part of the

SERVICES.

1.3 Remediation

1.3.1 Notice: At any time OWNER may by notice in writing to CONSULTANT, require

CONSULTANT to remedy any defect in the SERVICES by reperformance not later

than 18 months from date of Mechanical Completion or 12 months from the date of

commissioning, whichever is earlier.

1.3.2 Obligation to Remedy Breach : CONSULTANT shall be obligated to effect, at its

own expense, in the shortest practicable time, such re-performance and replacement as

are necessary to remedy such defect.

1.3.3 Program for Re-performance : As soon as practicable, and in any event within 5

working days after the receipt by CONSULTANT of OWNER’s notice,

CONSULTANT will submit for OWNER’s approval a plan for effecting the re-

performance required to remedy such breach. If required by OWNER,

CONSULTANT shall attend at the site or at place(s) specified by the OWNER to

inspect the defective SERVICES and where appropriate arrange to carry out repairs

to the defective work.

1.3.4 OWNER’s Recourse: If CONSULTANT does not begin its plan for reperformance

within the time mutually agreed, or if CONSULTANT and OWNER fail to reach

agreement on such a program within 5 working days of the receipt of complaint by

OWNER, after advising CONSULTANT in writing, OWNER shall be entitled at this

option to perform or have third parties perform such work as is necessary to remedy

or cause to be remedied. The payment to third parties will be recovered from

consultant.

1.4 Completion Warranty

1.4.1 Completion Warranty: Without limiting the effect of the General Warranties or any

other provision of this Contract, CONSULTANT warrants that MECHANICAL

COMPLETION of PROJECT shall occur no later 18 months from date of LOA of

this CONTRACT.

____________________________________________________________


1.4.2 Without Limiting effect of the General Warranties or any other provision of this

Contract, CONSULTANT warrants and acknowledges the time for mechanical

completion of the project as specified under the Completion Schedule (Exhibit 3).

The time for performance/completion of EPC phase will be duly covered along with

applicable liability Clauses in the Contracts and CONSULTANT undertakes to

maintain the follow-up and generation of documentation required to monitor

progress and assist OWNER in claiming and recovering the full liability and

damages available to the OWNER attendant upon any delay of performance under

Contract.

1.4.3 Effect of Breach: If CONSULTANT breaches the completion warranty set forth in

Para 1.4.1 and the delay is attributable to CONSULTANT, then Price Reduction

schedule (PRS) will be applicable at half percent (0.5%) of the Contract value per

week for delay in mechanical completion subject to a maximum ceiling of 5% of

Contract value. The above shall not however, apply if the delay is due to force

Majeure conditions.

2.0 GENERAL GUARANTEES:

2.1 In the event of faulty or defective Process Design, Residual Process Design, Hazop

Study and/or review of detailed Engineering of the Plant/Unit and/or faulty

approval of design(s), drawing(s) and specifications, including error or omission in

the technical services or studies done, undertaken or performed by CONSULTANT

within the scope of Work described in Exhibit 2 , CONSULTANT shall promptly

and at its own cost and initiative carry out and undertake corrective studies,

design(s), drawing(s) and engineering as may be necessary to rectify the fault or

defect without any additional cost to the OWNER. However, no such liability shall

lie after expiry of Defect Liability Period, if the Performance Guarantees have been

met.

2.2 For the benefit of OWNER, CONSULTANT shall include in Purchase Orders and

Work Contracts a requirement for guarantees from equipment, materials VENDORS

and Contractors against defects in materials and workmanship and shall assist

OWNER in the enforcement of such guarantees. However, CONSULTANT shall not

be required to enter into any litigation with VENDORS/ CONTRACTORS on behalf

of OWNER. CONSULTANT shall ensure that the purchase specifications

for all EQUIPMENT AND MATERIAL adequately specify requirements of

quality, process operating conditions/ working condition at site applicable

codes and standards and special condition, if any. CONSULTANT shall specify or

undertake such tests and inspect ions as are normally required to ensure

that all EQUIPMENT AND MATERIAL to be procured, conform to the

specifications and relevant codes and standards. CONSULTANT shall ensure

that the construction specifications for all works adequately specify the

____________________________________________________________


requirement of quality, working conditions at SITE, applicable codes and

standards and special conditions, if any.

3.0 Consequential Damages : Neither party shall be responsible to the other for any

penalty or consequential direct or indirect losses and damages such as loss of use of

revenue, products or profits, increase cost of PROJECT like.

4.0 Limitation of Liability : The overall limit of Consultant’s liability under this

CONTRACT for all penalty, guarantees, warranties, Price Reduction Schedule ,

damages of whatsoever nature, whether expressed or implied shall be limited to Ten

percent (10%) of the total lump sum price.

____________________________________________________________


EXHIBIT 7 - INTEGRITY PACT

INTEGRITY PACT between ONGC Mangalore Petrochemicals Limited (OMPL)

hereinafter referred to as "The Principal",

and

M/s_____________________________________________________hereinafter referred

to as "The Bidder/Contractor"

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s

for procurement of products / services vide tender No.

OMPL/PUR/_______/_____________ dt.______________ The Principal values full

compliance with all relevant laws and regulations, and the principles of economic use of

resources, and of fairness and transparency in its relations with its Bidder/s and

Contractor/s.

In order to achieve these goals, the Principal cooperates with the renowned

international Non-Governmental Organization "Transparency International" (TI).

Following TI's national and International experience, the Principal will appoint an

external independent Monitor who will monitor the tender process and the execution of

the contract for compliance with the principles mentioned above.

Section 1 - Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles:-

1. No employee of the Principal, personally or through family members, will in con-

nection with the tender for, or the execution of a contract, demand, take a promise

for or accept, for him/herself or third person, any material or immaterial benefit

which he/she is not legally entitled to.

2. The Principal will, during the tender process treat all Bidders with equity and rea-

son. The principal will in particular, before and during the tender process, pro-

vide to all Bidders the same information and will not provide to any bidder confi-

dential/additional information through which the Bidder could obtain an ad-

vantage in relation to the tender process or the contract execution. 3. The Principal will exclude from the process all known prejudiced persons.

4. If the Principal obtains information on the conduct of any of its employees which

is a criminal offence under the relevant Anti-Corruption Laws of India Or if there

be a substantive suspicion in this regard, the Principal will inform its Vigilance

Office and in addition can initiate disciplinary actions.

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

For "The Principal" For "The Bidder/Contractor"

____________________________________________________________


Section 2 – Commitments of the Bidder/Contractor

1. The Bidder / Contractor commits itself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his

participation in the tender process and during the contract execution.

2. The Bidder/Contractor will not, directly or through any other person or firm, of-

fer, promise or give to any of the Principal’s employees involved in the tender

process or the execution of the contract or to any third person any material or im-

material benefit which he/she is not legally entitled to, in order to obtain in ex-

change any advantage of any kind whatsoever during the tender process or during

the execution of the contract.

5. The Bidder/Contractor will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particu-

lar to prices, specifications, certifications, subsidiary contracts, submission or non-

submission of bids or any other actions to restrict competitiveness or to introduce

cartelisation in the bidding process.

6. The Bidder/Contractor will not commit any offence under the relevant Anti-

corruption Laws of India; further the Bidder/Contractor will not use improperly,

for purposes of competition or personal gain, or pass on to others any information

or document provided by the Principal as part of the business relationship, regard-

ing plans, technical proposals and business details, including information con-

tained or transmitted electronically.

7. The Bidder / Contractor will, when presenting his bid, disclose any and all pay-

ments he has made, is committed to or intends to make to agents, brokers or any

other intermediaries in connection with the award of the contract.

8. The Bidder / Contractor will not instigate third persons to commit offences out-

lined above or be an accessory to such offences.

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


____________________________________________________________


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

(1) If the Bidder, before contract award has committed a transgression through a violation

of Section 2 or in any other form such as to put his reliability or credibility as Bidder in-

to question, the Principal is entitled to disqualify the Bidder from the tender process or to

terminate the contract, if already signed, for such reason

(2) If the Bidder / Contractor has committed a transgression through a violation of Section 2

such as to put his reliability or credibility into question, the principal is entitled also to

exclude the Bidder / Contractor from future contract award processes. The imposition

and duration of the exclusion will be determined by the severity of the transgression.

The severity will be determined by the circumstances of the case, in particular the num-

ber of transgressions, the position of the transgressors within the company hierarchy of

the Bidder and the amount of the damage. The exclusion will be imposed for a minimum

of 6 months and maximum of 3 years.

(3) A transgression is considered to have occurred if the Principal after due consideration of

the available evidence, concludes that no reasonable doubt is possible. (4) The Bidder accepts and undertakes to respect and uphold the principal's absolute right to

resort to and impose such exclusion and further accepts and undertakes not to challenge

or question such exclusion on any ground, including the lack of any hearing before the

decision to resort to such exclusion is taken. This undertaking is given freely and after

obtaining independent legal advice. (5) If the Bidder / Contractor can prove that he has restored / recouped the damage caused by

him and has installed a suitable corruption prevention system, the principal may revoke

the exclusion prematurely.

Section 4 - Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover from the Bidder

liquidated damages equivalent to Earnest Money Deposit / Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is

entitled to terminate the contract according to Section 3, the Principal shall be entitled

to demand and recover from the Contractor liquidated damages equivalent to Security

Deposit / Performance Bank Guarantee.

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur

subject only to condition that if the Bidder / Contractor can prove and establish that

the exclusion of the Bidder from the tender process or the termination of the contract

after the contract award has caused no damage or less damage than the amount of the

liquidated damages, the Bidder / Contractor shall compensate the principal only to the

extent of the damage in the amount proved.

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

For "The Principal" For"The Bidder/Contractor

____________________________________________________________


Section 5 - Previous transgression

(2) The Bidder declares that no previous transgressions occurred in the last 3 years

with any other Company in any country conforming to the TI approach or with

any other Public Sector Enterprise in India that could justify his exclusion from

the tender process.

(3) If the Bidder makes incorrect statement on this subject, he can be disqualified

from the tender process or the contract, if already awarded, can be terminated for

such reason.

Section 6 - Equal treatment of all Bidders / Contractors / Subcontractors

(1) The Bidder / Contractor undertakes to demand from all subcontractors a commit-

ment in conformity with this Integrity Pact, and to submit it to the Principal before

contract signing

(2) The Principal will enter into agreements with identical conditions as this one with

all Bidders, Contractors & Subcontractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign

this pact or violate its provisions.

Section 7 - Criminal charges against violating Bidders / Contractors /

Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or

Subcontractor, or of an employee or a representative or an associate of a Bidder,

Contractor or Subcontractor which constitutes corruption, or if the Principal has

substantive suspicion this regard, the Principal will inform the Vigilance Office.

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


____________________________________________________________


Section 8 - External Independent Monitor / Monitors (three in number depending on the

size of the contract)

(to be decided by the Chairperson of the Principal)

(1) The Principals appoints competent and credible external independent Monitor for this

Pact. The task of the Monitor is to review independently and objectively, whether and

to what extend the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and per-

forms his functions neutrally and independently. He reports to the Chairperson of the

Board of the Principal.

(3) The Contractor accepts that the Monitor has the right to access without restriction to

all project documentation of the Principal including that provided by the Contractor.

The Contractor will also grant the Monitor, upon his request and demonstration of a

valid interest, unrestricted and unconditional access to his project documentation. The

same is applicable to Subcontractors. The Monitor is under contractual obligation to

treat the information and documents of the Bidder / Contractor / Subcontractor with

confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings

among the parties related to the Project provided such meetings could have an impact

on the contractual relations between the principal and the Contractor. The parties offer

to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he

will so inform the Management of the Principal and request the Management to dis-

continue or heal the violation, or to take other relevant action. The monitor can in this

regard submit non-binding recommendations. Beyond this, the Monitor has no right

to demand from the parties that they act in a specific manner, refrain from action or

tolerate action. However the Independant External Monitor shall give an opportunity

to the bidder / contractor to present their case before making its recommendation to

the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Prin-

cipal within 8 to 10 weeks from the date of reference or intimation to him by the 'prin-

cipal' and, should the occasion arise, submit proposals for correcting problematic situ-

ations.

(7) Monitor shall be entitled to compensation on the same terms as being extended

to/provided to Outside Expert Committee members/Chairman as prevailing with Prin-

cipal.

____________________________________________________________


(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion

of an offence under relevant Anti-corruption Laws of India, and the Chairperson has

not, within reasonable time, taken visible action to proceed against such offence or re-

ported it to the Vigilance Office, the Monitor may also transmit this information di-

rectly to the Central Vigilance Commissioner, Government of India.

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

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


____________________________________________________________


Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12

months after the last payment under the respective contract, and for all other Bidders 6

months after the contract has been awarded.

If any claim is made/lodged during this time, the same shall be binding and continue to be

valid despite the lapse of this pact as specified above, unless it is discharged / determined by

Chairperson of the Principal.

Section 10 – Other Provisions

(1) This agreement is subject to Indian Law, Place of performance and jurisdiction is the Reg-

istered Office of the Principal, i.e. Mangalore. The Arbitration clause provided in the

main tender document / contract shall not be applicable for any issue / dispute arising un-

der Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing. Side

Agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of

this agreement remains valid. In this case, the parties will strive to come to an agreement

to their original intentions.

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


(Name & Signature with Seal)

Place: Mangalore Witness

1:…………………………

Date:……………………… Witness

2:…………………………

____________________________________________________________


EXHIBIT-8 FORMS OF TENDER

____________________________________________________________


FORM OF TENDER

(TO BE GIVEN ON BIDDER’S LETTERHEAD)

Form A

Date :

From:

To:

M/S. ONGC Mangalore Petrochemicals Limited, Mangalore.

Mangalore.

Dear Sirs:

Having examined the Tender Documents consisting of the Notice inviting Tender, General

Instruction of Tenderer, Conditions of Contract, scope of work, services, specifications, plans,

drawings, time-schedule, form of Contract, form of tender, form of Schedule of Rates and

having understood the provisions of the said Tender Documents and having thoroughly

studied the requirements of ONGC Mangalore Petrochemicals Limited, relating to the work

tendered for in connection with the EPCM Services Engineering, Procurement, Construction

management (EPCM) for six number of schemes as listed in the tender documents and having

conducted a thorough study of the job site(s) involved, the site conditions, the climatic

conditions, labour, power, water, material and equipment availability, the transport and

communication facility, all other factors and facilities and things whatsoever necessary or

relative to the formulation of the tender and the performance of work. I/We hereby submit

our tender offer for the performance of the proposed work in accordance with the terms and

conditions and within the time mentioned in the Tender Documents at the rate(s) quoted by

me/us in the accompanying Schedule of Lump Sum Price and Schedules of Rates (for

additional work) based on the form of schedule (s) of Lump Sum Price and Rates included

within the Tender documents.

If the work is awarded to me/us, I/We undertake to perform the work in accordance with the

contract document as defined in Form of contract forming part of the Tender Documents and

accept the terms and conditions of Contract as laid down therein, and undertake within 10

(ten) days of date of the Letter of Intent / acceptance/ award of the tender to pay to and/or

deposit with the Accounts Officer, ONGC Mangalore Petrochemicals Limited, Mangalore, a

sum which, together with the amount of Earnest Money deposited by me/us in terms hereof,

shall make ………….. ( 10% of the contract value ) as specified in the Acceptance / Award of

Tender for the purpose of security deposit/ CPBG, as applicable, by any one or more of the

____________________________________________________________


modes of payments specified in the conditions of contract, and to commence work involved

within 10 (ten) days of handing over the job site or any part thereof to me/us, and to sign, the

formal contract in terms of the form of contract forming part of Tender Documents, within 10

(ten) days of receipt of Letter of Acceptance / Award from or on behalf of ONGC Mangalore

Petrochemicals Limited, in this behalf failing which ONGC Mangalore Petrochemicals

Limited, shall be at liberty, without further reference to me/us and without prejudice to any of

its rights or remedies, to terminate the contract and/or to forfeit the Earnest Money deposited

in terms hereof.

In consideration of the sum of Rupee 1/- (Rupee one only) paid to me/us by ONGC

Mangalore Petrochemicals Limited, by adjustment in the price of Tender Documents, I/We

further undertake to keep my/our this tender offer open for a period of not less than 4 (four)

months from the Schedule date of opening of Tender as specified in the General Instructions

to tenderers forming part of the Tender Documents.

I/We hereby further state that I/We/None of us (in the case of partnership firm) was/were

employed as Directors of ONGC Mangalore Petrochemicals Limited, during the period of 2

(two) years immediately preceding the date hereof OR I/We hereby declare that

I/Sri…………………………………………., one of our partners in the case of a partnership

firm, was employed as a Director in the ONGC Mangalore Petrochemicals Limited during the

period of 2 (two) years immediately preceding the date hereof and that

I/Sri……………………………... have/has obtained previous permission of ONGC

Mangalore Petrochemicals Limited., to participate in this tender.

I/We have annexed to this tender the following documents:

(i) Schedule of Rates in the prescribed form:

(ii) Original Power of Attorney or proof of authority of the person who has signed the

Tender OR copy of Power of Attorney or duly attested by a Gazetted Officer in proof

of authority of the person who has signed the tender;

(iii) Information regarding tenderer in the form annexed to the Form of Tender;

(iv) Information regarding experience of work of a comparable nature in the form annexed

to Form of Tender:

(v) Information regarding project organisation and facilities available in for form annexed

to the Form of Tender;

(vi) Solvency Certificate from a Nationalised/Scheduled Bank:

(vii) Set of Tender Documents, as issued duly signed;

(viii) Any additional documents as listed below;

____________________________________________________________


I/We hereby undertake that the statements made herein and the information given in the

Annexures referred to above are true in all respects and that in the event of any such

statement or information being found to be incorrect in any particular, the same may be

construed to be mis-representation entitling ONGC Mangalore Petrochemicals Limited to

avoid any resultant contract.

I/We further undertake as and when called upon by ONGC Mangalore Petrochemicals

Limited, to produce, for its inspection, original(s) of the document(s) of which copies have

been annexed hereto.

I/We confirm having deposited Earnest Money of Rs……………………………...

(Rupees………………………………………………………….) as detailed hereunder:

(strike-off whichever is not applicable.)

By Demand Draft No……………………. Dated………………………..

drawn……………………………..Bank……………………Branch…………………………

………attached hereto)

Dated this ………… day of ……………………201 .

Witness (Signature) Yours faithfully,

Name in block letters

Address Signature(s) of the Tenderer (s)

Occupation:

Name and designation of authorised person signing the tender on behalf of the tender (s).

Full name and address of the tenderer(s).

ANNEXURE TO FORM-A

____________________________________________________________


INFORMATION ABOUT BIDDER

1. In Case of Individuals.

1.1 Name of Business

1.2 Whether his business is registered

1.3 Date of commencement of business

1.4 Whether he pays Income Tax over Rs.1,00,000/- per year.

2. In case of Partnership.

2.1 Name of partners

2.2 Whether the partnership is registered

2.3 Date of establishment of firm

2.4 If any of the partners of the firm pays Income Tax over

Rs. 1,00,000/- per year, State which of them pays the same.

3. In case of Limited Liability Company or Company Limited by Guarantee

3.1 Amount of paid up capital

3.2 Name of Directors

3.3 Date of the Registration of Company

3.4 Copies of the Balance Sheet of the

Company of the last 3 (Three) years

(Signature of the Bidder)

Name and address of the Bidder

____________________________________________________________


FORM – B

DECLARATION BY THE BIDDER REGARDING BIDDING DOCUMENT

We _______________________ (Name of the Bidder) hereby represent that we have

gone through and understood the Bidding Documents (including but not limited to) the

Commercial & Technical Requirements/ Specifications in the Bidding Document (all

volumes/ part ) and that our Bid has been prepared accordingly in compliance with the

requirements stipulated in the said documents.

We are submitting the Table of Contents (Master Index) of Bidding Documents and

amendments, if any, as part of our Bid duly signed and stamped on each page in token

of our acceptance. We are not submitting the total Bidding Document as part of our Bid

but undertake that said Parts A to G of the Bidding Documents shall be deemed to form

part of our bid and in the event of award of work to us, all the parts shall be considered

for constitution of Contract Agreement. Further, we shall sign and stamp each page of

these documents as a token of Acceptance and as a part of the Contract in the event of

award of Contract to us.

SIGNED FOR AND ON BEHALF OF

_______________________________

(NAME OF BIDDER)

PLACE: ____________________

DATE: ____________________

NOTE: This declaration should be signed by the Bidder’s representative who is

signing the Bid.

____________________________________________________________


FORM _ C

STATEMENT OF CREDENTIALS

Tenderers should fill their technical offer by providing all information as follows(If not

applicable- Please mention as ‘N/A’) ;

1. Name of the Firm :

2. Nature of the Firm :

(State whether Limited Company, partnership Firm, Co-op. Society or Sole Proprietor,

Photocopies 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. Sales Tax Registration(state/vat/cst) :

15. Excise Registration :

16. Name of Bankers & Branch with full address :

____________________________________________________________


17. Type of Account & A/C No. :

18. Name (s) of Authorised Representatives (s) :

Note : Power of Attorney signed by the Director(s)/Partners / Proprietor in favour

of the auhorized Person signing the tender documents must be enclosed

19. Type of job in which engaged as independent manufacturer . contractor :

20. 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)

:

21. Were you associated with OMPL in any Other contract in the past :

22. Are you currently having any contract with OMPL :

23. Are you on the approved list of other OilCos/ Public Sector Undertakings / govt.

Dept. Etc. If so, furnish true copies of Certificates certifying your performance :

24. Please confirm that you have qualified/trained / experienced staff on your payroll to

handle this job :

25. Furnish Audited Balance sheet for last 3 Years ending previous finanicial year :

____________________________________________________________


26. Details of technical collaboration. Please provide Documentary support (Xerox copies

) if any and the brief experience of the parties :

27. Confirmed that for acceptance of the Security Deposit / CPBG :

29 Brief Description of the job methodology/Quality Assurance :

30 Details of Testing methods and equipments that will be made available. :

31. Details of your Past Experience in the country (India) in this nature of job :

32. Whether the bidder is put on Holiday list of any of the PSU. (If sought later, an affidavit to

be produced later to OMPL.) :

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

_____________________________________________________________


FORM - D

Declaration regarding relations with any of the OMPL Directors

Details , if any shall be provided by the bidder.

Declaration regarding whether the bidder being a Proprietor or Partner of the

Company and employed in State/Central/Quasi Govt/OR public sector/or any oth-

er Government Institution.

Details , if any shall be provided by the bidder.

Any false information will be liable for severe action like Cancellation of the Order, For-

feiture of Security deposit/ CPBG, as applicable, including Black listing of the Bidder

Company in all ONGC /OMPL establishments.

SIGNATURE OF THE BIDDER WITH SEAL

_____________________________________________________________


FORM- E1

PROFORMA FOR SUBMISSION OF DETAILS OF SPECIFIC EXPERIENCE AS

CALLED IN QUALIFICATION CRITERIA OF NIB/NIT

Bidder shall furnish their experience details with reference to the Work, which qualify

them in line with Experience Criteria mentioned in Invitation for Bids under Para 6.0.

S.

No.

DESCRIPTION DETAILS

1. Name of project, location

………………………………………………………………

………

………………………………………………………………

………

2. Description of work

………………………………………………………………

………………………………………………………………

………………

………………………………………………………………

………

3. Type of Work executed as per 6.1 of Bid qualification criteria

a) As per 6.1.1

b) As per 6.1.2

c) As per 6.1.3

4. Name of Owner, Postal

Address, Phone/Fax No./e-

mail

………………………………………………………………

………

………………………………………………………………

………

_____________________________________________________________


S.

No.

DESCRIPTION DETAILS

5. Name of Consultant, Postal

Address, Phone/ Fax No./e-

mail

………………………………………………………………

………

………………………………………………………………

………

6. Name of Units along with

capacity

………………………………………………………………

………

………………………………………………………………

………

7. Completion Dates

Date of award : _______________

Effective Date of Contract : _______________

Starting date : _______________

Scheduled Completion Date : _______________

Actual Completion Date : _______________

Delay in months, if any : _______________

Reasons for delay, if any : _______________

8. Scope of work executed

by your organisation

Basic Engineering

Detailed Engineering

including Design

Project Management

Procurement Services

Procurement and Supply

Construction

Construction Management

QA / QC

Start up and Pre-

commissioning

Commissioning Assistance

Commissioning

9. Details of Sub-contractors

along with scope of work, if

any

………………………………………………………………

………

………………………………………………………………

_____________________________________________________________


S.

No.

DESCRIPTION DETAILS

………

..............................................................................................

10. Completion Status

Specify Date of

Mechanical Completion ………………………….

Commissioning ……………………..………..……

Handing over plant to Owner ………….…..……

Put into operation …………………….…………..

11. Health and Safety Records

Frequency Rate

Severity Rate

12. Whether following

documents enclosed

Copy of work order/notification

for award specifying the contract

value and min. capacity.

Copy of Proof of Completion

Certificate for One year of

Satisfactory performance

13. Type of Work

14. Basis of work Execution

Individual

Consortium

Note:

1. Confirmed that information furnished as per this format are correct and in case of

any original document is required by Owner/Consultant, the same shall be submit-

ted by us for verification.

STAMP & SIGNATURE OF BIDDER

_____________________________________________________________


FORM – E2

PAST EXPERIENCE DURING TEN YEARS

SL.

NO

.

DESCRIP

TION OF

WORK

POSTAL

ADDRESS OF

CLIENT &

NAME OF

OFFICER IN

CHARGE

CONTR

ACT

VALUE

START

ING

DATE

SCHEDU

LED

COMPLE

TION

DATE

ACTUAL

COMPL

ETION

DATE

REAS

ONS

FOR

DELA

Y, IF

ANY

Note: Copies of work order(s) and completion certificate(s) of similar jobs should be

submitted by the Bidder along with this FORM.

SIGNATURE OF BIDDER : _______________________

NAME OF BIDDER : _______________________

COMPANY SEAL : __________________

_____________________________________________________________


FORM – F

ANNUAL TURNOVER STATEMENT

The bidder shall indicate herein his annual turnover during preceding 3 years based on

the audited balance sheet/profit & loss account statement.

A. FINANCIAL DETAILS

FINANCIAL YEAR/

YEAR ENDING ANNUAL TURNOVER (RS.)

Year – 1 (20...-...)

Year -2(20...-...)

Year -3(20...-..)

NOTE:

B. Submission of audited balance sheet and profit & loss account for above three years

- YES/ NO

C. Submission of recent solvency certificate from Banker

- YES/ NO

D. Submission of letter from your Banker/ self that the Bidder is not under liquidation,

court receivership or similar proceedings.

- YES/ NO

_____________________________________________________________


FORM-G

BIDDERS PRESENT COMMITMENTS

SL.N

O

DESCRIPTION

OF WORK

POSTAL

ADDRESS OF

CLIENT & NAME

OF OFFICER IN

CHARGE

CONTRACT

VALUE

STARTING

DATE

SCHEDULED

COMPLETIO

N DATE

_____________________________________________________________


FORM-H

DECLARATION OF BIDDER’S INDIAN INCOME TAX LIABILITY

(TO BE GIVEN ON BIDDER’S LETTERHEAD and to be submitted)

We, ____________________, hereby declare that we have no outstanding Indian Income

Tax liability

OR

We, ____________________, hereby declare that we have an outstanding Indian Income

Tax liability of Rs.__________ (Rupees ______________ only) made up as follows:

Asessment Year Amount

_______

Total:

_______

The said amount(s) is/are outstanding for the following reasons:

(State reasons).

We have furnished the following securities to secure payment(s) of the said outstanding:

(State securities (if any) and amounts secured)

SIGNATURE OF THE BIDDER : ________________________________

NAME OF THE BIDDER : ________________________________

DATE:

_____________________________________________________________


FORM-I

COMPLIANCE TO BID REQUIREMENT

Name of Work: CONSULTANCY SERVICES FOR ENGINEERING, PROCUREMENT,

CONSTRUCTION MANAGEMENT (EPCM) FOR SIX NUMBER OF SCHEMES AT

ONGC MANGALORE PETROCHEMICALS LIMITED

Bidding Document No: PROJ/OMPL/SCHEMES /01

We hereby agree to fully comply with, abide by and accept without variation, deviation or

reservation all technical, commercial and other conditions whatsoever of the Bidding

Documents and Amendment/ Addendum to the Bidding Documents, if any, for subject

work.

We hereby further confirm that any terms and conditions if mentioned in our bid (Un-

priced as well as Priced Part), shall not be recognised and shall be treated as null and

void.


NAME OF BIDDER : _______________________

COMPANY SEAL : _______________________

_____________________________________________________________


FORM–J (Sheet 1 of 2)

EXCEPTIONS AND DEVIATIONS

(FOR COMMERCIAL PART)

SL.NO

REF OF BID DOCUMENT

SUBJECT

DEVIATIONS

PAGE NO.

CLAUSE NO.

NOTE: This shall be submitted separately for Commercial & Technical Sections.


NAME OF BIDDER : _______________________

COMPANY SEAL : _______________________

_____________________________________________________________


FORM–J (Sheet 2 of 2)

EXCEPTIONS AND DEVIATIONS

(FOR TECHNICAL PART)

SL.NO

REF OF BID DOCUMENT

SUBJECT

DEVIATIONS

PAGE NO.

CLAUSE NO.

NOTE: This shall be submitted separately for Commercial & Technical Sections.


NAME OF BIDDER : _______________________

COMPANY SEAL : _______________________

_____________________________________________________________


FORM– K

BIDDER’S QUERIES

SL.

NO.

BIDDING

DOCUMENT

SUBJECT BIDDER'S QUERY OMPL'S REPLY

PAGE

NO.

CLAUSE

NO.

NOTE: Any Bidder’s Queries/technical clarifications and/ or all queries to be clarified by

OMPL during pre-bid meeting shall be forwarded in advance to below email ids one day

in advance to pre-bid meeting @1600 Hrs by e-mail. E-mail: prashantkul-

[email protected]; [email protected]; [email protected]:

[email protected]



mailto:[email protected]:


EXIHIBIT –9 BANK GUARANTEE FORMATS

BG-1

FORM OF BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT

(To be executed on non-judicial stamp paper of appropriate value)

BG NO :___________

DATED:___________

VALID UPTO :________

To

M/s. ONGC Mangalore Petrochemicals

Ltd.,

MSEZ Permude Village

Mangalore 574509

In consideration of ONGC Mangalore Petrochemicals Limited., (hereinafter called “the

Owner” which expression shall include its successors and assigns), having agreed interalia

to consider the tender of ……………………………………….. (Name of the Tenderer)

having its Head Office / Registered Office

at………..………………………………………….. (Address of the Tenderer) (here-

inafter called the “Tenderer” which expression shall include its successors and assigns), for

the work of………………………… (Name of the Project / Work)

at………………………….. to be awarded under Tender No…………………. …. Upon

the Tenderer furnishing an undertaking from the Bank as hereinafter appearing in lieu of

cash deposit of the Earnest Money.

We ……………………………………………………(Name of the Bank), a Bank Constitut-

ed / Registered under the ……………. Act, having our Head Office / Registered Of-

fice at..…………………………… (hereinafter called the “Bank” which expression

shall include its successors and assigns), at the request of the Tenderer and with the intent

to bind the Bank and its successors and assigns do hereby unconditionally and irrevocably

undertake to pay the Owner at Mangalore forthwith on first demand without protest or

demur or proof or satisfaction or condition and without reference to the Tenderer, all

sums payable by the Tenderer as and by way of Earnest Money to the Owner, upto an ag-

gregate limit of (Amount in figures and words).

AND THE BANK DOTH HEREBY FURTHER AGREES AS FOLLOWS:

1. This Guarantee/Undertaking shall be a continuing guarantee and shall remain in

full force and effect for all claims or demands made by the Owner on


the Bank until the Owner discharges this Guarantee/Undertaking subject,

however, that the Owner shall have no claims under this

Guarantee/Undertaking after the midnight of …………….200………. or any

written extension(s) thereof.

PROVIDED that if the aforesaid work tendered for or any part thereof shall

be awarded to the Tenderer on or before the said date, whether on the basis of

accompanying tender or any other basis, then the validity of this

guarantee/undertaking shall stand automatically extended for all claims and

demands made by the Owner for a further three months.

2. The Owner shall have the fullest liberty without reference to the Bank and

without affecting in any way the liability of the Bank under this

Guarantee/Undertaking at any time and/or from time to time any wise to

postpone and/or vary any of the powers, rights, and obligations

exercisable by the Owner against the Tenderer and either to enforce or

to forbear from enforcing all or any of the terms and conditions of or

governing the said Tender and/or any contract consequent upon any

award of work or the said Earnest Money Deposit or the securities available

to the Owner or any of them and the Bank shall not be released from its

liability under these Presents and the Liability of the Bank hereunder shall

remain in full force and effect notwithstanding any exercise by the Owner of

the liberty with reference to any or all the matters aforesaid or by reason of any

other act, matter or thing whatsoever which under law relating to the sureties or

otherwise which could, but for this provision have the effect of releasing

the Bank from all or any of its obligations hereunder or any part thereof,

and the Bank specifically waives any and all contrary rights whatsoever.

3. It shall not be necessary for the Owner to proceed against the Tenderer before

proceeding against the Bank and the Guarantee/Undertaking herein contained

shall be enforceable against the Bank as principal debtor

notwithstanding the existence of any other undertaking or security for

any indebtedness of the Tenderer to the Owner and notwithstanding

that any such security shall at the time when claim is made against the Bank or

proceedings taken against the Bank hereunder, be outstanding or unrealised.

4. The amount stated by the Owner in any demand, claim or notice made with

reference to this guarantee shall as between the Bank and the Owner for

the purpose of these Presents be conclusive of the amount payable by the

Bank to the Owner hereunder. Original BG need not be submitted for making

claim hereunder and payment thereof by the Bank.

5. The liability of the Bank to the Owner under this Guarantee/Undertaking shall

remain in full force and effect notwithstanding the existence of any

difference or dispute between the Tenderer and the Owner, the Tenderer and

the Bank and/or the Bank and the Owner or otherwise howsoever touching


these Presents or the liability of the Tenderer to the Owner, and

notwithstanding the existence of any instructions or purported instructions

by the Tenderer or any other person to the Bank not to pay or for any cause

withhold or defer payment to the Owner under these Presents, with the

intent that notwithstanding the existing of such difference, dispute or

instructions, the Bank shall be and remain liable to make payment to the Owner

in terms thereof.

6. This Guarantee/Undertaking shall not be determined or affected by the

liquidation or winding up or dissolution or change of constitution or

insolvency of the Tenderer or any change in the legal constitution of the Bank

or the Owner.

7. Without prejudice to any other mode of service, a demand or

claim or other communication may be transmitted by the Owner to the Bank

or any branch of Bank either by post or by fax. If transmitted by fax, the

transmission shall be complete as soon as acknowledged by the Bank or any

branch of Bank.

8. Notwithstanding anything contained herein:

(i) The Bank’s liability under this guarantee/undertaking shall not exceed (Amount

in figures & words);

(ii) The guarantee/undertaking shall remain in force upto___________ and any

extension(s) thereof and extension as a result of proviso to clause 1 hereof; and

(iii) The Bank shall be released and discharged from all liability under

this guarantee/undertaking unless a written claim or demand is issued to the

Bank on

or before____________ or the date of expiry of any extension(s) thereof if this

guarantee/undertaking has been extended.

The Bank doth hereby declare that Shri_________________________

(designation) who is authorised to sign this Guarantee/Undertaking on

behalf of the Bank and to bind the Bank thereby.

This________________day of____________20______.

Yours faithfully

Signature:____________

Name & Designation:__

Name of the Branch:_________


BG-2

GUARANTEE AGAINST ADVANCE PAYMENT (MOBILIZATION)

(To be executed on non-judicial stamp paper of appropriate value)

Ref: Bank Guarantee No……………… Date…………… Valid Up to ……………

To:

M/s. ONGC Mangalore Petrochemicals Ltd.,


Mangalore 574509

This deed of Guarantee made this ……………….. day of ……………………….. between ………………………………………..…………………………………. and wherever the context so required includes its successors and assigns hereinafter called ‘The surety’ and ……………………………………… “ a company registered under the Companies Act of 1956 and having its Registered Office at ………………………………………………………………………….. and wherever the context so required includes its successors and assigns, hereinafter called ‘The Owner’.

Whereas M/s…………………………………………………………………… a Company registered under the Companies Act of 1956 having at its registered office at ……………………………………………………… (wherever applicable) and wherever the context so requires includes its successors and assignees, hereinafter called ‘the Contractor’ has undertaken to ………………….………………………………………. on the terms and conditions mentioned in the

a) Letter of Intent No ……………………………………….. Dated………………………………………………………

OR

b) Agreement No………………………………………………. Dated………………………………………………………….

Referred to as “ the said Contract”,

And whereas the Owner has agreed to make an advance of Rs………………….. (Rupees…………………………………………………………………………) being ……….% value of the contract on ……………………………… as provided in the contract as the said advance to the Contractor carrying no interest.

AND WHEREAS the Contractor has agreed with the Owner authorizing him to deduct the said advance thereon under the terms of the said contract from the amount that becomes


due and payable to the Contractor as per the terms and conditions described under the clause ‘Terms and conditions of Payment’ of the Contract on proper execution of the Contract.

Now this deed witnesseth that in consideration of the said advance or any balance thereof made by the Owner to the Contractor, the surety hereby GUARANTEES the payment of the said advance thereon by the Contractor, and undertakes to pay the Owner on demand the sum of Rs…………………………….. subject to the following conditions.

a) “Surety hereby gives an irrevocable guarantee and declares that its liability under this bond shall extend to the payment of the whole of amount viz. Rs…………………………….. paid as advance as provided for in the contract “as the said advance”.

b) This Guarantee shall remain in full force and effect so long as the said advance or any part thereof remains outstanding and shall expire and become ineffectual only after the recovery of the entire sum of Rs……………….. covered by the guarantee and upon intimation thereof being given by the Owner to the Surety, in which event, the Surety shall be discharged by the Owner.

c) The Surety shall not be discharged or released from the Guarantee by any arrangements made between the Owner and the Contractor with or without the consent of the surety or by any alteration in the obligations of the parties or by any indulgence, forbearance, whether as to payment, time performance or otherwise.

d) The Guarantee shall come into force from the date Contractor receives from the Owner the said advance i.e, - (specify the date).

e) Notwithstanding anything stated above, the liability of the Surety under the guarantee is restricted to Rs…………………………. (Rupees ………… …………………………………….) and this guarantee will remain in force upto ………………………. at the first instance. However, if the contract for which this guarantee is given is not completed or fully performed, the surety (bank) hereby agrees to further extend the Guarantee till such time as is required by the owner to fulfill the contract.


BG-3

PROFORMA OF BANK GUARANTEE FOR SECURITY

DEPOSIT/PERFORMANCE BOND

(To be executed ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

Ref: Bank Guarantee No……………… Date……………

To:

M/s. ONGC Mangalore Petrochemicals Ltd.,


Mangalore 574509

Dear Sir,

1. In consideration of ONGC Mangalore Petrochemicals Ltd., having its

Registered Office at……………………………………….. (hereinafter

referred to as the “Company” which expression shall unless repugnant to the

context or meaning thereof, include all its successors, administrators,

executors) and having entered into a contract dated …………….

(hereinafter called the “Contract” which expression shall include all the

amendments thereto) with M/s……………………………………

having its Head/Registered Office at…………… ……………… (hereinafter

referred to as the “Contractor” (which expression unless repugnant to the

context or meaning thereof, shall include all its successors, administrators,

executors and assigns) and the contract having been unequivocally accepted

by the Contractor resulting in a contract bearing No……………….

dated………… Valued at for ………………… (scope of work)

………………….. and the Company having agreed that the Contractor

shall furnish to the Company a performance guarantee for the faithful

performance of the entire contract to the extent of …… % of the contract

price, i.e. Rs……………… (in word) we ………………..(bank)

……………………..having its Registered Office

at…………………………………….. (hereinafter referred to as

the “Bank” which expression shall unless repugnant to the context or

meaning thereof, include all its successors, administrators, executors and

assigns) do hereby guarantee and undertake to pay on demand to the

Company any money or all moneys to the extent of Rs…………. …….

(Rupees ……………………………………………) in aggregate at any time

without any demur, reservation, recourse, contest or protest and/or without any

reference to the Contractor. Any such demand made, by the Company on the

Bank shall be conclusive and binding notwithstanding any difference

between the Company and the Contractor or any dispute pending before any


Court, Tribunal, Arbitrator or any other authority. We agree that

Guarantee herein contained shall be irrevocable and shall continue to be

enforceable till it is discharged by the Company in writing.

2. The Company shall have the fullest liberty, without affecting in any way the

liability of the Bank under this Guarantee from time to time, to extend

the time for performance of the contract by the Contractor, or vary the terms

of the Contract. The Company shall have the fullest liberty without

affecting this Guarantee to postpone, from time to time, the exercise of power

vested in them or of any right which they might have against the Contractor and

to exercise the same at any time in any manner and either to enforce, or to

forbear from enforce, any covenants contained or implied in the contract

between the Company and the Contractor or any other course or remedy or

security available to the Company. The Bank shall not be released of its

obligations under these presents by any exercise by the Company of its

liberty with reference to matters aforesaid or any of them or by reason of

any other act or forbearance of other act or forbearance of other acts of

Company or any other indulgence shown by the Company or by any other

matter or thing whatsoever, which under law would, but for this provision, have

the effect of relieving the Bank.

3. The Bank also agrees that the Company at its option shall be entitled to enforce

this Guarantee against the Bank as a principal debtor, in the first instance,

without proceeding against the Contractor and notwithstanding any

security or other guarantee that Company may have in relation to the

Contractor’s liabilities.

4. The Bank further agrees that the guarantee herein contained shall remain

in full force during the period that is taken for the performance of the contract

and it shall continue to be enforceable till all the dues of the Company under or

by virtue of this contract have been fully paid and claim satisfied or discharged

or till the Company discharges the Guarantee in writing.

5. We further agree that as between us and Company for the purpose of

this Guarantee any notice given to us by the Company and any amount

claimed in such notice by the Company that the money is payable by the

Contractor and any amount claimed in such notice by the company shall be

conclusive and binding on us notwithstanding any difference between the

Company and the Contractor or any dispute pending before any Court,

Tribunal, Arbitrator or any other authority. We further agree that this

Guarantee shall not be affected by any change in our Constitution or that

of the Contractor or in the Constitution of the Company. We also undertake

not to revoke this Guarantee during its currency or till the Company discharges

the Guarantee in writing.

6. Notwithstanding anything contained hereinabove, our liability under this

Guarantee is limited to Rs…………………….

(Rupees…………………………………………………) in aggregate and it

shall remain in full force upto and including sixty days after


………………….. unless extended further, from time to time, for such

period as may be instructed in writing by

M/s…………………………………………………. on whose behalf this

Guarantee has been given, in which case it shall remain in full force

upto and including 60 days after extended date. Any claim under this

Guarantee must be received by us before the expiry of the 60 days from

………………………. or before the expiry of the 60 days from the

extended date. If no such claim has been received by us within the sixty

days after the said date/extended date, the Company’s right under this

guarantee will cease. However, if such a claim has been received by us within

and upto sixty days after the said date/extended date, all the Company’s

rights under this Guarantee shall be valid and shall not cease until we have

satisfied that claim

Dated this …………………. Day of………………200…. WITNESS:

__

(SIGNATURE) (SIGNATURE)

__

(NAME) (NAME)

_

(OFFICIALADDRESS) (Designation with Bank Stamp)

Attorney as per power of

Attorney No………………………

Dated:…………………


EXHIBIT 10

FORM OF CONTRACT

INDEX

ARTICLE

TITLE

Article 1 DEFINITIONS

Article 2 EFFECTIVE DATE OF CONTRACT

Article 3 SCOPE OF SERVICES

Article 4 REMUNERATION AND CONTRACT PRICE

Article 5 CONTRACT PERIOD

Article 6 NOTICES

Article 7 ENTIRE CONTRACT

Article 8 JURISDICTION & APPLICABLE LAW

Article 9 INSURANCE

Article 10 INDEMNITY

Article 11 SECRECY

Article 12 FORCE MAJEURE

Article 13 WAIVER

Article 14 ARBITRATION

Article 15 SUSPENSION & TERMINATION

Article 16 PATENTS

Article 17 ASSIGNABILITY

Article 18 CESSATION OF CONSULTANT SERVICES

Article 19 MECHANICAL COMPLETION

Article 20 CHANGES AND ADDITIONS IN CONSULTANT’S SCOPE

Article 21 CONTRACT PERFORMANCE BANK GUARANTEE

Article 22 AMENDMENT

Article 23 EXCLUSION OF GOVT OF INDIA’S LIABILITY

Article 24 MISCELLANEOUS


FORM OF CONTRACT

THIS CONTRACT made on the ---- day of 20__

BY AND BETWEEN

ONGC MANGALORE PETROCHEMICALS LIMITED, a Company registered in India

under the Indian Companies Act, 1956, having its Registered office at Mangalore Special

Economic Zone Permude, Mangalore-574509, (hereinafter referred to as "OMPL") which

term shall, unless repugnant to the context or meaning thereof, be deemed to include its

successors and permitted assigns, of one part,

AND

Consultant, a Company having its registered office at ……….(hereinafter referred to as

CONSULTANT) which expression shall, include its successors and permitted assigns, of

the other part,

OMPL AND CONSULTANT also sometime referred individually as “Party” and

collectively as “Parties”

WITNESSETH THAT

WHEREAS OMPL intends to engage Consultant to provide Consultancy for EPCM

services for six number of schemes in OMPL

Herein after referred to and specified in this CONTRACT as "SERVICES".

AND WHEREAS CONSULTANT agrees to perform such SERVICES and submitted

proposal thereof, and after discussion OMPL and CONSULTANT have finally agreed to

the terms and conditions for the performance of the said SERVICES as detailed herein.

NOW THEREFORE, in consideration of the premises and the covenants set forth in this

CONTRACT, OMPL and CONSULTANT mutually agree and confirm the agreement

detailed herein and witnesseth as follows:


FORM OF CONTRACT

ARTICLE-1

(DEFINITIONS)

For the purpose of this CONTRACT, unless otherwise specified or repugnant to the subject

or context, the following terms shall be deemed to have the following meaning:

1.1 “AUTHORISED REPRESENTATIVE” shall mean the representatives of “OMPL”

and/or ‘CONSULTANT” as the case may be who are duly empowered and

authorized by their representative organizations to act for and on behalf.

1.2 “BATTERY LIMIT” shall mean the demarcated area within which all the Units

and Facilities under Consultant’s scope as detailed in the Contract are being

installed for Project.

1.3 “CONTRACT” shall mean this contract including Tender documents as given in

Instructions to Bidders, Acceptance Award of Tender, further Amendments /

Corrigendum, all Exhibits hereto, all documents herein attached and amendments

which the PARTIES may hereafter agree in writing to be made to this

CONTRACT.

1.4 “CONSULTANT” shall mean successful bidder.

“CONTRACTOR” shall mean any third party whose services are obtained by

OMPL for supply, execution and/or erection of units/ facilities covered under

Consultant’s Scope of Services.

1.5 “DESIGN BASIS” shall mean requirements as agreed between OMPL and

CONSULTANT for CONSULTANT’s Scope of Services.

1.6 “MECHANICAL COMPLETION” shall mean completion of PLANT as defined in

the CONTRACT

1.7 OWNER or OMPL shall mean, a Company incorporated under Companies Act.

1956 and having its registered office at Mangalore”. “PROJECT” shall mean the

proposed SIX NUMBER OF SCHMES IN OMPL for which CONSULTANT

shall provide SERVICES under this CONTRACT

1.8 “PARTIES” shall mean OMPL and CONSULTANT, each one individually referred

to as PARTY.

1.9 “PLANT” shall mean the process units and facilities associated with the PROJECT

for which CONSULTANT is to provide SERVICES under this contract.


1.10 “PROCESS LICENSOR” shall mean the agency carrying out the job of preparation

of Process packages for the licensed units.

1.11 “PROJECT DESCRIPTION” shall mean all necessary work and SERVICES to be

performed by CONSULTANT as described in Exhibit-1.

1.12 “SCOPE OF WORK” shall mean the SERVICES to be performed by

CONSULTANT as set forth in Exhibit-2.

1.13 “SPECIFICATIONS” shall mean and include detailed description, statements to

technical data, performance characteristics, and standards (Indian as well as

International) as applicable and as specified in the CONTRACT.

1.14 “SUB-CONSULTANT” shall mean any entity to which the CONSULTANT

subcontracts any part of the services with prior approval of OMPL.

1.15 WARRANTIES & GUARANTEES” shall mean the warranties described in

Exhibit- 6.

ARTICLE 2

(EFFECTIVE DATE OF CONTRACT)

2.1 On signing by OMPL and CONSULTANT, this CONTRACT shall be deemed to

have come into force with effect from……………..201__.

ARTICLE 3

(SCOPE OF SERVICES)

3.1 CONSULTANT shall perform the SERVICES as herein specified as Exhibit-2 for

the Project description specified as Exhibit-I and within the schedule as follows.

a. Engineering of all schemes to be completed within six months from date of

LOA. (Except for the engineering services required during tendering and

field jobs)

b. Mechanical completion of all six schemes to be attained by Eighteen months

of date of LOA.

c. Commissioning & Performance test the individual schemes to be done within

one months from mechanical completion of individual scheme.


ARTICLE-4

(REMUNERATION AND CONTRACT PRICE)

4.1 OMPL shall, in consideration of the SERVICES performed including grant of

rights as herein stipulated, pay to CONSULTANT remuneration as provided in

Exhibit-4 and as per the payment terms specified therein.

4.2 The total lump sum amount payable by OMPL to CONSULTANT shall constitute

the Contract Price.

ARTICLE 5

(CONTRACT PERIOD)

5.1 On signing by OMPL and CONSULTANT, this contract shall be deemed to have

come into force from the effective date of contract and remain in force up to such

period as may be stipulated in the CONTRACT and where no such period has been

stipulated, on cessation of CONSULTANT’s responsibilities and payments by

OMPL to CONSULTANT of all amounts due and payable under the CONTRACT.

ARTICLE 6

(NOTICES)

6.1 The official address and facsimile numbers of the PARTIES for the purposes of

this contract are as follows but either PARTY may change the same by notice in

writing to the other PARTY. The address of the PARTIES hereto are:

Consultant :

OMPL: ONGC Mangalore Petrochemicals Ltd., MSEZ, Permude Village,

Mangalore 574509. Phone : 0824-2872000 Fax : 0824-2872005

All notices hereunder shall be in writing and shall be sufficient if delivered or sent

by registered mail, facsimile, airmail, to the PARTY entitled thereto at the above

address.

6.2 Date of notice of instruction shall be the day on which said notice or instruction is

received.


ARTICLE – 7

(ENTIRE CONTRACT)

7.1 The contract documents mentioned in this contract hereof embody the entire

contract between the PARTIES hereto, and the PARTIES declare that in entering

this contract they do not rely upon any previous representation, whether expressed

or implied and whether oral or written, or any inducement, understanding or

agreement of any kind not included within the contract documents, and unless

herein incorporated at prior negotiations, representations, and/or agreements and

understandings relating to the subject matter are hereby treated as null and void.

ARTICLE – 8

(JURISDICTION & APPLICABLE LAW)

8.1 Notwithstanding any other Court or Courts having jurisdiction to decide the

question(s) forming the subject matter of the reference, any/all actions and

proceeding arising out of or relative to the CONTRACT (including any arbitration

in terms thereof) shall lie only in the court of Competent Civil Jurisdiction in this

behalf at Mangalore (India) and only the said Court(s) shall have jurisdiction to

entertain and try any such action(s) and/or proceeding(s) to the exclusion of all

other Courts.

8.2 This CONTRACT shall be governed by the laws of India.

ARTICLE –9

(INSURANCE)

9.1 INSURANCE BY CONSULTANT

During the performance of SERVICES hereunder, CONSULTANT maintain

insurance as listed below:

9.1.1 Workman’s compensation insurance, covering all employees of CONSULTANT

for statutory benefits as set out and required by local law in the area of operation or

area in which CONSULTANT may become legally obliged to pay benefits for

bodily injury or death.

9.1.2 Insurance against fire, theft, damage, and loss of all property owned by

CONSULTANT at the construction site.

9.1.3 Group Personnel Accident Insurance covering CONSULTANT’s employees not

otherwise already covered under para 9.1.1 above, operating from the Plant site as

per CONSULTANT’s established practices.

9.1.4 Insurance covering cash in transit/cash in safe/fidelity for all cash transactions

performed by CONSULTANT.


9.1.5 Automobile liability insurance covering all vehicles owned by CONSULTANT at

the plant site in accordance with the Motor Vehicles Act.

9.2 INSURANCE BY OMPL

OMPL shall arrange to establish relevant insurance covers for all imported and

indigenous equipment, machinery and material and also for storage-cum-erection

including third PARTY liabilities but excluding Insurances for CONSULTANT’s

manpower and material for which CONSULTANT is required to arrange insurance

as per Article 9.1 above.

ARTICLE – 10

(INDEMNITY)

10.1 CONSULTANT shall hold harmless and indemnify OMPL, against any claims or

liability because of personal injury including death of any employee of

CONSULTANT and arising out of or in consequence of the performance of this

contract, howsoever caused

10.2 OMPL shall not be responsible for any loss or damage to property of any kind

belonging to CONSULTANT or its employees, servants or agents.

10.3 OMPL shall hold harmless and indemnify CONSULTANT against any claim or

liability arising in respect of:

a) Injury to or death of OMPL ’s employees, agents and contractors or any other

persons excluding only employees of CONSULTANT, howsoever, caused;

and

a) Loss of or damages to the property of OMPL, OMPL’s employees, agents and

contractors or any other person except those belonging to CONSULTANT or

its employees.

ARTICLE – 11

(SECRECY)

11.1 OMPL shall not disclose to any third PARTY, any Technical information, process

data, design, drawings, plans, specifications, etc. received from CONSULTANT at

any time either in whole or in part, shall use all reasonable efforts to preserve the

secrecy of the above Technical information and shall not use the same for any

purpose other than the construction, maintenance and operation of the resultant

PLANT. However, the disclosure of such Technical Information to Government of

India or statutory authorities of Government of India shall not be deemed to be a

violation of the Secrecy understanding contained herein.


11.2 The above undertakings shall not, however, extend to any such technical

information which:

a) is in possession of OMPL prior to receipt of the same, directly or indirectly

from CONSULTANT.

b) is received by OMPL without any secrecy obligation.

c) is or has become part of the public knowledge through no fault of OMPL.

11.3 CONSULTANT shall likewise have secrecy obligations in respect of confidential

information provided by OMPL.

ARTICLE – 12

(FORCE MAJEURE)

12.1 Any delay in or failure of performance by a PARTY shall not constitute default

hereunder or give rise to any claims for Price Reduction Schedule/damages against

said PARTY if and to the extent caused on account of Force Majeure .The term

Force Majeure as employed in this contract shall mean war (declared or

undeclared) or revolutions , civil wars , tidal waves, fires, major floods,

earthquakes , epidemics , quarantine restrictions and freight embargoes and

transporter strikes affecting the country as a whole .

12.2 Both PARTIES shall keep a record of the Force Majeure events referred to above,

which are responsible for causing delays in the execution of the PROJECT.

12.3 If the execution of the Project is likely to be delayed by or as a result of one or

more of the Force Majeure events referred to in 12.1 hereof, OMPL and

CONSULTANT shall discuss the situation with a view to find the means to

minimize the impact and effect of such circumstances and to reduce the costs and

expenses which the PARTIES or either of them may incur.

ARTICLE – 13

(WAIVER)

13.1 No failure or delay by either PARTY in enforcing any right, remedy, obligations or

liability in terms of the CONTRACT shall be deemed to be a waiver of such right,

remedy, obligations or liability, by the said PARTY and notwithstanding such failure

or delay, the PARTY shall be entitled at any time to enforce such right, remedy,

obligation or liability as the case may be.

ARTICLE – 14

(ARBITRATION)

14.1 If at any time, any difference or dispute arises between the PARTIES regarding

interpretation, execution or implementation of the CONTRACT, PARTIES shall try


to settle the same amicably through mutual discussions. Difference and/or disputes

remaining unresolved shall be settled through Arbitration as per the clause given

below. Arbitrator’s award shall be binding on the PARTIES and enforceable at the

courts of appropriate jurisdiction at Mangalore (India).

14.2 Except as otherwise provided elsewhere in the contract if any dispute, difference,

question or disagreement arises between the parties hereto or their respective

representatives or assignees, at any time in connection with construction, meaning,

operation, effect, interpretation or out of the contract or breach thereof the same

shall be decided by an Arbitral Tribunal consisting of three Arbitrators. Each party

shall appoint one Arbitrator and the Arbitrators so appointed shall appoint the third

Arbitrator who will act as Presiding Arbitrator.

In case a party fails to appoint an arbitrator within 30 days from the receipt of the

request to do so by the other party or the two Arbitrators so appointed fail to agree

on the appointment of third Arbitrator within 30 days from the date of their

appointment, upon request of a party, the Chief Justice of India or any person or

institution designated by him (in case of International Commercial Arbitration)

shall appoint the Arbitrators/ Presiding Arbitrator. In case of domestic contracts,

the Chief Justice of the High Court or any person or institution designated by him

within whose jurisdiction the subject purchase order/contract has been

placed/made, shall appoint the arbitrator/Presiding Arbitrator upon request of one

of the parties.

If any of the Arbitrators so appointed dies, resigns, incapacitated or withdraws for

any reason from the proceedings, it shall be lawful for the concerned

party/arbitrators to appoint another person in his place in the same manner as

aforesaid. Such person shall proceed with the reference from the stage where his

predecessor had left if both parties consent for the same, otherwise, he shall

proceed de novo.

It is a term of the contract that the party invoking arbitration shall specify all

disputes to be referred to arbitration at the time of invocation of arbitration and not

thereafter.

The Arbitral Tribunal shall give reasoned award and the same shall be final,

conclusive and binding on the parties.

The venue of the arbitration shall be Mangalore, Karnataka, India.

The fees of the arbitrators shall be borne by the parties nominating them and the fee

of the Presiding Arbitrator, costs and other expenses incidental to the arbitration

proceedings shall be borne equally by the parties.

Subject to as aforesaid the provisions of the Arbitration and Conciliation Act, 1996

and any statutory modifications or re-enactment in lieu thereof shall apply to the

arbitration proceedings under this clause.”

For Central Government Departments/Organisations/Enterpirses:

In the event of any dispute or difference relating to the interpretation and

application of the provisions of the contracts, such dispute or difference shall be

referred by either party for Arbitration to the sole Arbitrator in the Department of


Public Enterprises to be nominated by the Secretary to the Government of India in-

charge of the Department of Public Enterprises. The Arbitration and Conciliation

Act, 1996 and The Arbitration and Conciliation Act,2015 shall not be applicable to

arbitration under this clause. The award of the Arbitrator shall be binding upon the

parties to the dispute, provided, however, any party aggrieved by such award may

make a further reference for setting aside or revision of the award to the Law

Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of

India. Upon such reference the dispute shall be decided by the Law Secretary or the

Special Secretary/Additional Secretary, when so authorized by the Law Secretary,

whose decision shall bind the Parties finally and conclusively. The Parties to the

dispute will share equally the cost of arbitration as intimated by the Arbitrator.

14.3 The SERVICES under this CONTRACT shall be continued during the arbitration

proceedings, unless otherwise agreed in writing by PARTIES or unless it is proved

that the SERVICES cannot possibly be continued during the arbitration

proceedings.

ARTICLE – 15

(SUSPENSION & TERMINATION)

15.1 SUSPENSION

15.1.1 OMPL may at any time, should OMPL deemed it necessary to do so for any valid

reason suspend all or part of the SERVICES giving not less than fourteen days

written notice to CONSULTANT. Such notice or suspension shall specify the part

of SERVICES to be suspended and the effective date of suspension.

CONSULTANT shall suspend SERVICES on the date or dates specified by OMPL

in any notice under this clause and shall use every reasonable efforts to

recommence SERVICES with the least possible delay upon receipt of OMPL’s

notice to resume.

15.1.2 CONSULTANT may, by giving not less than fourteen days written notice to

OMPL, suspend the SERVICES, if OMPL fails to fulfil its obligations under this

contract and such non-fulfilment persists even after giving the written notice of 30

days by CONSULTANT.

15.1.3 If all or part of the SERVICES is suspended then the amounts due and payable to

CONSULTANT shall be mutually agreed to compensate CONSULTANT for the

period of suspension.

15.2 TERMINATION

15.2.1 OMPL may, at any time, should OMPL deem it necessary to do so terminate this

contract forthwith by giving one month written notice to CONSULTANT.


15.2.2 In the event of termination pursuant to Article 15.2.1 hereof, CONSULTANT shall

carryout any reasonable instructions of OMPL in connection with such termination.

Termination of this contract shall not relieve either PARTY of their obligations

imposed by this contract with respect to the SERVICES performed by either

PARTY prior to such termination.

15.2.3 In the event of termination pursuant to Article 15.2.1 hereof, OMPL shall pay to

CONSULTANT for all the SERVICES performed by CONSULTANT under this

contract up to the date of termination.

OMPL shall also reimburse such additional expenses, which CONSULTANT may

incur for orderly winding up of the SERVICES.

ARTICLE – 16

(PATENTS)

16.1 CONSULTANT shall, subject to the limitations contained in this Article,

indemnify and hold OMPL harmless from all costs, damages and expenses arising

out of any claim, action or suit brought against OMPL by third parties in respect of

any infringement of any patent or registered design or process or design belonging

to CONSULTANT and furnished to OMPL. OMPL shall promptly notify

CONSULTANT in writing of any claim preferred or any such similar right.

CONSULTANT shall at its own cost take such legal action as may be necessary for

defending the same and OMPL shall render all such reasonable assistance in this

behalf as may be required by CONSULTANT.

16.2 Similarly OMPL shall indemnify and hold CONSULTANT harmless from all

costs, damages and expenses arising out of any claim, action or suit brought against

CONSULTANT by third parties in respect of any infringement of any patent or

registered design or any similar rights resulting from the use of any information

furnished to CONSULTANT by OMPL or by others on behalf of OMPL.

ARTICLE – 17

(ASSIGNABILITY)

17.1 The contract and benefits and obligations thereof shall be strictly personal to the

PARTIES and shall not on any account be assignable or transferable by the

PARTIES except with the prior agreement in writing.


ARTICLE – 18

(CESSATION OF CONSULTANT’S SERVICES)

18.1 Upon CONSULTANT’s Warranties and Guarantees referred to in this contract as

Exhibit-6 having been or being deemed to have been satisfied or twelve months

from the date of acceptance or Eighteen months from the date of Mechanical

Completion whichever occurs first, ( Defect Liability period ) all responsibilities of

CONSULTANT under this contract shall be deemed to have been discharged.

18.2 Date of acceptance as referred above shall mean the date on which OMPL confirms

written acceptance of CONSULTANT SERVICES. The SERVICES shall be

deemed to have been accepted unless Consultant is notified by OMPL to the

contrary within 90 days of completion of said SERVICES.

ARTICLE – 19

(MECHANICAL COMPLETION)

19.1 When the construction of the PLANT/SCHEME has been completed, other than in

minor respects which do not prevent commissioning, all civil engineering is com-

pleted, all equipment and machinery are installed and aligned, all piping and

instrumentation services is completed, all electrical work is completed, all

hydrostatic/pneumatic testing is done, safety valves & pressure relief valves set and

checked, speed and direction of rotation of all prime movers is checked, relays are

set and all scales, meters, measuring devices and recorders are calibrated and set,

all instrumentation jobs are completed as per requirement, all loops and interlocks

are tested and set, all major OMPL’s checklist points liquidated, CONSULTANT

shall notify OMPL in writing that the SCHEME is Mechanically Completed and

ready for pre-commissioning activities and trial runs.

19.2 The date of readiness for pre-commissioning as aforesaid shall be deemed to be the

date of mechanical completion of the PLANT (hereinafter called MECHANICAL

COMPLETION) for the purpose of this CONTRACT.

ARTICLE – 20

(CHANGES AND ADDITIONS IN CONSULTANT 'S SCOPE OF SERVICES)

20.1 OMPL shall have the right to request CONSULTANT in writing to make any

changes, modifications, deletions and/or additions to CONSULTANT's scope of

SERVICES. CONSULTANT will work out and submit without undue delay, the

estimate of price and time adjustment on account of such changes, modifications,

deletion and/or additions sought by OMPL. If OMPL does not agree to

CONSULTANT’s reply to a fore stated request or any part thereof, OMPL shall

promptly notify CONSULTANT in writing. PARTIES shall then meet and discuss

the same for mutual agreement at the earliest without jeopardizing the PROJECT


activities. If no such agreement is reached between PARTIES within 30 days from

the date of such meeting / discussion, CONSULTANT shall have the right not to

incorporate such changes unless OMPL directs to proceed further in writing,

pending such agreement.

20.2 CONSULTANT shall be entitled to price and/or schedule adjustment to reflect the

impact of any event not attributable to CONSULTANT.

ARTICLE – 21

(CONTRACT PERFORMANCE BANK GUARANTEE)

21.1 Upon issuing of LOA/Contract, CONSULTANT shall submit Contract

Performance Bank Guarantee (CPBG / PBG) (Format as per Exhibit 9; BG-3) for

the due performance of CONSULTANT’s Obligations to the extent of 10% of the

Total Contract Value. CPBG shall be issued from any bank recognized as

scheduled bank by RBI and shall be valid upto 2 months claim period beyond

defect liability period which shall be calculated in the first instance on the basis of

scheduled date as per CONTRACT. In view of submission of CPBG, no cash

deductions shall be made from the payments due to CONSULTANT time to time.

21.2 CPBG shall be released by OMPL, subject to claim, if any, to CONSULTANT after

expiry of defect liability period. Offers without confirmation of CPBG will be

summarily rejected

ARTICLE – 22

(AMENDMENT)

22.1 Any amendment to the terms and conditions of this CONTRACT, including the

Exhibit and the amendments, if any, shall be made in writing by PARTIES hereto

and shall specifically state that it is an amendment to this CONTRACT.


ARTICLE - 23

(EXCLUSION OF GOVT OF INDIA‘S LIABILITY)

23.1 It is expressly understood and agreed that the OMPL will enter into this Contract

solely on its own behalf and not on behalf of any other person or entity. In particu-

lar it is expressly understood and agreed that the Government of India are not party

to any such Agreement and will have no liabilities, obligation or right whatsoever

hereunder. It is expressly understood and agreed that the OMPL is an independent

legal entity with power and authority to enter into Contracts solely on its own be-

half under the applicable laws of India. CONSULTANT expressly agrees,

acknowledges and undertakes that OMPL is not an agent, representative or dele-

gate of the Government of India and that of the Government of India are not and

shall not be liable for any act, omission, commission breach or other wrong arising

out of this Contract. CONSULTANT hereby expressly waives, releases and for-

goes any and all actions or claims, including cross claims, impleader claims or

counter claims, against the Government of India arising out of any resultant agree-

ment and covenants not to sue the Government of India for any manner of claim,

cause of action or thing whatsoever arising out of or under any such Contract.

IN WITNESS WHEREOF the PARTIES hereto have duly executed this CONTRACT in

two originals at the place and date as follows:

For and on behalf of OMPL For and on behalf of Consultant

Signature_________________________ Signature __________________

Name Name

Designation Designation

Place Place

Date Date

Witness Witness

1 1.

2. 2.


EXHIBIT – 11 GENERAL CONDITIONS OF CONTRACT (GCC)

NOTE: IN CASE OF ANY CONFLICT BETWEEN CLAUSES OF GCC &

CLAUSES GIVEN EARLIER IN THIS TENDER, THE CLAUSES

GIVEN EARLIER SHALL SUPERSEDE THE CLAUSES OF GCC

TERMS AND CONDITIONS (forming part of Technical Bid)

1. GENERAL GUIDELINES

a. Tender should be submitted in the prescribed form supplied by the company only.

b. Every tenderer must be strictly in accordance with the conditions and spec-

ifications prescribed by OMPL. 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.

c. All entries in the tender must be written in permanent ink or typewritten

without use of eraser or overwriting. Corrections if any, should be attested

under the full signature of the tenderer.

d. All the Rates given in the Tender must be expressed both in words and in

figures and in case of difference between the two, the rates given in words

would be final and considered correct.

e. All tenderers are required to read these conditions carefully and return one

set duly signed by them as token of having read, understood and accepted

the conditions, along with information called for by OMPL.

f. All tenderers are required to give details in the Performa’s attached (Ex-

hibit-8) and attach to Technical bid

g. All tenderers are required to go through the GCC and sign all the pages for

acceptance of all the terms and conditions. Bids shall be summarily reject-

ed if technical & price bids submitted together.

h. Bidders are required to serially number all the pages being appended by

them as part of submission to the Technical bid. Such numbering shall in-

clude , Covering 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. In

addition to this, all pages of the Tender documents issued by OMPL shall

be signed on all pages and submitted along with the Technical Bid.

i. Bidder should have independent ESI & PF code allotted by Employee State

Insurance Corporation and Employees Provident Fund Organization. The

details should be enclosed along with the technical bid. However, in the

event of non-availability of PF code at the time of submitting the bid, the


successful bidder shall obtain the same within 45 days from the date of

commencement of the work and an undertaking to this effect shall be en-

closed.

j. The wages paid by the contractor to their employees / workmen shall be

fair and in no case be less than the wages prescribed by the appropriate

Government under the Minimum Wages Act, 1948 (The minimum wages

prevalent is given as in under and all provisions of Regulation of Contract

Labour Act. All safety gadgets, Uniform and any other additional compo-

nents shall be given to the employees by the bidder as per F&S Dept re-

quirements & as referred in the Exhibit-2 Section - 3 and accordingly bidder

is required to consider in his quote.

The Minimum wages prevailing with effect from 01.04.2018 are as follows:

(If applicable only.)

Category of worker Wages ( In Rs)

Unskilled Rs. 462.00/-

Semi-skilled / Unskilled supervisory Rs. 522.00/-

Skilled/Clerical Rs. 612.00/-

Highly skilled Rs. 673.00/-

Sweeping & cleaning Rs. 462.00/-

In addition to the above, the bidder should pay employer contribution of

PF@12% on max wages of Rs15,000/- per month, Admn [email protected]%,

[email protected]%, Leave wages, [email protected]% or Rs.7000/- per annum which-

ever is less as per bonus act.

2.0 EARNEST MONEY DEPOSIT

a. Incomplete tender/ tenders without requisite EMD will be rejected. The Com-

pany reserve the right to reject any tender or all the tenders without assigning

any reason whatsoever.

b. The tenderer or their representatives with necessary authorisation letter can be

present during the technical bid opening/Pre bid conference.

c. Company will not be responsible for loss or late / non receipt of tender docu-

ments.

i. No interest shall be payable on Earnest Money Deposit.

ii. Tenders not accompanied with EMD/late receipts will be rejected.

iii. No Cheques will be accepted towards EMD.

d. EMD may be paid in one of the following forms in a separate sealed cover.

i. Demand drafts or Pay Order drawn on Scheduled Bank in favour of OMPL, Man-

galore.


ii. Bank Guarantee in prescribed format (enclosed in Exhibit 9) which is en-

closed, executed by scheduled / Nationalised Bank and valid for a period of

180 days from the bid closing date.

e. Earnest Money is liable to be forfeited if tenderer.

i. Withdraws or modifies offer in full or part during the validity period

ii. Does not accept Purchase /Work Order if placed by OMPL

iii. Does not Confirm of acceptance of order within the stipulated time after placement

of order.

iv. If documents submitted along with the bid are found false, fabricated etc.

f. The following are exempted from payment of EMD

i. The unit is registered with NSIC for the item tendered.

ii. Registration Certificate is valid as on date of opening of the tender.

iii. Quotation is accompanied by Photostat copy of valid NSIC registration certificate.

iv. PSU’S are exempted from payment of EMD.

g. Refund of EMD

i. If the successful tenderer commences supplies/work and also lodges the secu-

rity deposit/CPBG, as applicable, in the manner prescribed and within the pe-

riod specified, OMPL shall return to him Earnest Money Deposit, paid by him

without any interest thereon.

ii. Earnest Money Deposit will be refunded to all unsuccessful tenderers after fi-

nalization of the Tender without any interest within 15 days.

3.0 Bid Validity/Bid opening

a. The rate quoted against this tender shall be valid for a period of 120 days from

the date of opening of tenders and once the quotation is accepted and order

placed on the successful tenderers, the rate shall be valid for the full period of

the contract. (INCLUDING THE EXTENDED PERIOD, IF OPTED BY

OMPL).

b. Tenderers are requested to carefully study the entire tender document and the

conditions so specified before quoting their rates, no alteration in the tender

rates quoted will be allowed.

c. The price will remain firm except for change / imposition of any new

/additional statutory levies/taxes/duties on plant and equipment /Services if


applicable. The price shall be inclusive of all current applicable duties (WCT

etc./taxes/charges etc. The details of such duties/taxes are specified with break

up.

d. In view of OMPL being an SEZ Unit, Supply of goods or services or both to a SEZ

units shall be treated as supply in the course of inter-State trade or commerce and

the same is "zero rated supply" as per the Integrated Goods and Services Tax Act,

2017 (hereinafter referred to as ‘IGST Act’). Accordingly Supplier shall not collect

IGST on supply to OMPL.

e. The Technical bid opening for Public Tenders will be done on the same day of

Bid closure. The price bid of the qualifying parties will be opened in the pres-

ence of their representatives as per OMPL Procedures. The time and date of

opening will be intimated separately only to qualifying parties. Price bids,

which remain unopened with OMPL, will be returned to the bidders.

4.0 ACCEPTANCE OF TENDER

OMPL reserves the right to accept or reject in part or whole any or all the ten-

ders received without assigning any reason whatsoever. OMPL is not bound to

accept the lowest tender and reserves the right to split the tender if deemed fit.

The decision of OMPL in this regard shall be final.

5.0 COMMERCIAL TERMS

a. SECURITY DEPOSIT / CONTRACT PERFORMANCE BANK GUARAN-

TEE (CPBG/PBG):

(Refer Exhibit -10 Article 21)

b. OBSERVATION OF FORMALITIES RELATING TO PF, ESI, REGIS-

TRATIONS , SERVICE TAX ETC.

It should be confirmed by the successful tenderer that his/their organisation is

already registered with the Provident Fund Commissioner and the details may

please he furnished to us for OMPL'S records and the reference. OMPL will re-

serve its right to inspect the records pertaining to Provident Fund rules.

i. PF / ESI Code:

The Tenderer shall indicate his / their PF Code / ESI Number in their tender,

ii. Income Tax


The Tenderer shall in all cases indicate his income tax Permanent Account

Number (PAN)

iii. Goods and Service tax (GST)

The bidder has to comply with GST clauses described in Exhibit – 4.

OMPL will be unable to process the Bill for payment unless the conditions pre-

scribed under GST act are complied with the successful bidder

c. Payment terms

As above. (Exhibit-4)

d. Payment mode:

OMPL has introduced Electronic payment system for all vendors / contractors.

All payments shall be through electronic mode (RTGS/NEFT). Therefore, ven-

dors are requested to furnish the information in the prescribed format on issue

of order to successful bidder. Any change in the particulars shall be immediate-

ly informed to OMPL.

6.0 INSPECTION/ OPERATION CONTRACT:

OMPL shall have free access to visit the bidder’s premises/work area where the

job/services are taking place and or inspect the same. The successful tenderer

will be responsible for quality of all the services/job at all times under valid

permits/as authorised by Engineer Incharge.

7.0 SUB-LEASING/OPERATION OF CONTRACT

The successful tenderer shall not be allowed to sublet or assign the benefits of

the Purchase/Work order placed on them by OMPL to any other party without

prior written consent of the OMPL.

8.0 CANCELLATION /TERMINATION

OMPL shall be at liberty to cancel the contract forthwith at any time under the fol-

lowing conditions.

a. If the successful tenderer shall commit a breach of any of the conditions stipulated

contract and fail to remedy such breach within four days of the receipt of the writ-

ten notice from OMPL in this regard.

b. Upon

i. The death or adjudication as insolvent of the successful tenderer, if he/she be an in-


dividual.

ii. The liquidation, whether voluntary or passing of the effective resolution for wind-

ing up of the successful tenderer if it be a company.

c. If any successful tenderer or any partner in the firm of the successful tenderer shall

be convicted of any criminal offence.

d. If a receiver is appointed of any property or assets of the successful tenderer.

e. If the work/ services are no more required by OMPL.

f. If the license issued to the successful tenderer by the relevant authorities for modi-

fication filling and storage of product supplied by OMPL is cancelled or revoked.

g. If the successful tender deliberately contaminates or tempers with quality or product

supplied by OMPL.

h. OMPL will be at liberty to short close the contract work order without assign-

ing any reason whatsoever by giving a notice of 1 (One) month.

i. Specified delivery schedule/ completion period is not adhered to beyond 3

months from due date unless specifically agreed by OMPL.

j. Laid down specifications are not adhered to or when the performance of the

contract is unsatisfactory

k. Major contractual terms and conditions are violated insolvency of the supplier

The OMPL right to cancel the contract under the terms, aforesaid shall be

without prejudice to any of its other rights and remedies against the successful

tenderer In the event of OMPL cancelling the contract, it shall not be liable to

pay for any loss or compensation in respect of such cancellation

9.0 CORRECTNESS OF DOCUMENT

It shall be understood that every endeavor has been made to avoid error which

can materially affect the basis of this tender and the successful tenderer shall

take upon himself and provide for risk of any error which any subsequently be

discovered and shall make no subsequent claim on account thereof no ad-

vantage is to be taken by the tenderer successful Or otherwise of any clerical

error of mistake which may occur in the general specification, schedules, plans

of tender forms supplied to the tenderer.

10.0 FORCE MAJEURE CLAUSE

As above. (Exhibit – 10 Article 12)


11.0 BEST PRICE CLAUSE

In the case of 'Successful Tenderer (s)’, the orders placed are them will be gov-

erned by the "Best price clause" under which the Tenderer on whom the order

is placed offers a lower rate/better terms (other than at which order is placed on

the items tendered by OMPL) to any other Oil Company (PSU)/other private

parties during the pendency of the order, the same price/terms will automatical-

ly be applicable to OMPL with effect from the date of such lower rates offered

by the vendor to other parties.

12.0 RISK PURCHASE CLAUSE:

In the event of Contractor not meeting the indents placed by the Company with

in the stipulated time, then Company would be free to use the services of any

others and recover the difference in such services and additional expenses in-

curred by the Company from the Contractor.

13.0 MANPOWER EMPLOYED BY TENDERER

The successful tenderer shall deploy adequate staff of the requisite competence

that may be required for meeting the scope of services/work called for. It is

hereby specifically agreed that the responsibility for the employment of staff

and their salary, wages remuneration, etc. shall be the sole responsibility of the

successful tenderer and that OMPL shall not be responsible in any manner di-

rectly or indirectly for such employment or expenses so incurred by successful

tenderer thereof. Successful tenderer shall give a declaration to this effect. The

Contractor has to comply with all Labour related laws/rules in force w.r.t Min-

imum wages Act, Factories Act, Labour Act and all other such regula-

tions/amendments made from time to time and in force and maintain all docu-

ments as required by Law enforcing Authorities and produce the same as and

when called for.

It is understood and agreed that there is no Employer- Employee relationship

between OMPL and the Contractor AND /or Contractor’s employees in any

way whatsoever and the contractor shall be the ‘Employer’ within the meaning

of different labour legislations in respect of workmen employed by the Contrac-

tor. The Contractor has to carry on their business or occupation as Independent

Contractors and this point shall be made clear in writing to all persons engaged

by the Contractor before engagement of the person/s. The Contractor shall issue

an Employment card in Form XIV as per Contract Labour(Regulation and Abo-

lition Act 1970 OR Photo Identity card to each Worker.

MEDICAL: In case of Annual Contracts exceeding more than one year, the

Contractor should get medical examination of the contract workers done every


year and produce the medical certificate in the prescribed format (Form No.16).

14.0 PRICE REDUCTION SCHEDULE FOR DELAYS EXECUTION OF CON-

TRACT:

As above. (Exhibit-3 clause 5.0)

15.0 COPY RIGHT /TRADE MARK OF OMPL RELATED DISCIPLINE:

The successful tenderer shall not infringe, copy, imitate or otherwise deal with

brand name, trade or merchandise marks or devices of design or copyright be-

longing to OMPL entitled to use or otherwise alter, deface or interface with the

same or pass of other goods or describe others goods as the same as that of

OMPL or having been manufactured of OMPL of otherwise prejudice alter or

affect the copyright, trade or merchandise marks or certified packing or design

or colour of the company's labels or specification or the price or weight or other

codification that is marked on the packing or caused to be given by OMPL, it is

expressly agreed that all trade marks, design and copyright shall vest in OMPL,

and nothing contained in this offer shall have the effect of creating any right, ti-

tle or interest in respect of the successful tenderer.

16.0 BUSINESS SECRET/MARKETING DISCIPLINE:

It is hereby specifically agreed by the successful tenderer that this clause shall

be deemed to be a condition going to the root of this offer, that the successful

tenderer shall not at any time during the subsistence of this contract or any time

after its termination, call itself or hold out itself, advertise in any manner what-

soever by publication or otherwise, by printing, in writing or by any visual rep-

resentation, either in it's letter heads or news paper or magazines or leaflets, or

by broadcasts over radio or by television or by any other media communication

or In any manner whatsoever other than the appropriate Government Authori-

ties to the extent necessary unless so permitted in writing by OMPL.

The successful tenderer hereby agrees and undertakes not to disclose to any par-

ty whatsoever any formulate blend order, specifications, trade secrets, market-

ing projection or intelligence or any other data or information and shall keep ab-

solute secrecy in all matters pertaining to this offer, all correspondence relating

thereto, all instructions given or anything having any relevance with the offer on

any matter touching or arising out of this arrangement including the Books, Ac-

counts, papers and correspondence and shall keep strictest secrecy and confi-

dence thereto to any person whomsoever other than appropriate Government

Authorities to the extent necessary, unless directed to do so by OMPL in writ-

ing.


17.0 ARBITRATION CLAUSE: As per above (Exhibit – 10 Article 14)

18.0 JURISDICTION

The Vendor hereby agrees that the Courts situated in Mangalore alone shall

have the Jurisdiction to hear and determine all actions and proceedings arising

out of this contract. This agreement is subject to the special conditions stipu-

lated in our schedule and (or work Order No.

dated and

subsequent amendments, if any, issued from time to time.

19.0 Any party or its associated company if had been in the holiday list / Black-listed

by any Central / State Government agencies or any Central / State PSU com-

pany and such name appears in the list of the above mentioned central / state

Government agencies or central / state PSUs as on date is disqualified and

would not be considered.

A self-certified copy to this effect/ or an affidavit that the vendor is not

black listed by above mentioned Agencies is required to be produced, if

called for by OMPL, in the event of award of work order.

20.0 Originals of the qualifying documents 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.

21.0 OMPL 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 as-

signing any reason thereof.

22.0 The Bidder / Contractor hereby undertake on their behalf and on behalf of the

employees under their roll that they refrain from indulging in any activity /lies

which would hamper Industrial peace in OMPL and also would extend Assis-

tance and support to OMPL to maintain Industrial peace at all time.


Other Conditions of the Contract (As applicable)

1.0 General

1.1 This shall be read in conjunction with the General Conditions of Contract, Scope

of work specifications of work, drawings and any other document forming part of

this contract wherever the context so requires.

Notwithstanding the sub divisions of the document into these separate sections

and volumes every part of each shall be deemed to be supplementary to and com-

plementary of every other part and shall be read with and into the contract so far

as it may be practicable to do so.

Where any portion of the Special Conditions of Contract (SCC) is repugnant to or

at variance with any provisions of the General Conditions of Contract them un-

less a different intention appears. the provision of the Special Conditions of Con-

tract shall be deemed to override the provisions of the General Conditions of

Contract only to the extent such repugnancies or variations in the Special Condi-

tions of Contract as not possible of being reconciled with the provisions of Gen-

eral Conditions of Contract.

Wherever it is stated any where in this tender document that such and such a sup-

ply is to be effected or such and such a work is to be carried out, it shall be un-

derstood that the same shall be effected/carried out by the contractor at his own

cost, unless a different intention is specifically and expressly stated herein or oth-

erwise explicit from the context.

1.2 The materials, design and workmanship shall satisfy the relevant Indian Stand-

ards, the Technical Specifications contained herein and codes referred to. Where

the job specifications stipulate requirements in addition to those job contained in

the standard codes and specifications, these additional requirements shall also be

satisfied.

1.3 In case of an irreconcilable conflict between different documents, the following

shall prevail to the extent of such irreconcilable conflict in order of precedence:

Letter of Acceptance (LOA) / Work Order (WO) Schedule of Rates, Scope of

Services & Special Conditions of Contract, Job/Particular Specifications, Draw-

ings, Technical/Material Specifications, Other Conditions of the Contract and

General Conditions of Contract


1.4 Letter of Acceptance/ Work Order along with Statement of Agreed Variations, Sched-

ule of Rates and

1.4.1 Special Conditions of Contract

1.4.2 Job/Particular Specifications

1.4.3 Drawings

1.4.4 Technical/Material Specifications

1.4.5 Indian Standards

1.4.6 Other applicable standards

1.4.7 General Conditions of Contract

Shall form a part of the contract.

1.5 It will be the Contractor's responsibility to bring to the notice of Engineer-in-

charge any irreconcilable conflict in the Contract documents before starting the

work(s) or marking the supply with reference to which the conflict exists.

1.6 In the absence of any Specifications covering any material, design or work(s)

the same shall be performed/supplied/executed in accordance with standard en-

gineering practice as per the instructions/directions of the Engineer-in-charge,

which will be binding on the Contractor.

2.0 LOCATION AND ACCESS OF SITE

The work site is located within OMPL complex; Mangalore /Refer Exhibit -1 Clause

4

3.0 SCOPE OF WORK

The scope of the work covered in this tender shall be as specified in the various

Technical Specifications/SCC. It is, however, explicitly understood and con-

firmed by the CONTRACTOR that the scope as described in the TENDER

DOCUMENT is not limiting, in so far as the responsibilities of the Contractor

shall include, inter-alia, carrying out any and all works and providing any and

all facilities those are required in accomplishing the task, complying fully with

all requirements as are envisaged of it, complete in all respects and satisfying all

performance and guarantee requirement stated or implied form the contents of

the BIDDING documents.

6 SCOPE OF JOB/WORK/SERVICES/BOQ/PRICE BID

Please refer to Exhibit – 1 & 2 for Tech specifica-

tions/conditions/Price bid.

5.0 TIME SCHEDULE/MOBILISATION/COMPLETION PERIOD


MOBILISATION TIME: Immediate, As per the instructions of EIC.

START DATE: To be intimated by EIC.

COMPLETION PERIOD: As per Exhibit- 3

The work shall be executed strictly as per the time schedule.

Monthly/weekly construction programmes will be drawn up by the Engineer-in-

charge jointly with the Contractor based on demand/ availability of materials,

work fronts etc. The Contractor shall scrupulously adhere to the tar-

gets/programmes by deploying adequate personnel, survey instruments, con-

struction equipment, tools and tackles and also timely supply of required mate-

rials coming within his scope of supply as per contract. In all matters concern-

ing the extent of targets set out in the monthly/weekly programme and the de-

gree of achievements, the decision of Engineer-in- charge will be final and

binding on the Contractor.

Contractor shall give every day report on deployment of category-wise labour

and equipment along with the progress of work done on previous day in the

proforma prescribed by the Engineer-in-Charge.

6.0 UNDERGROUND AND OVERHEAD STRUCTURES

The Contractor will familiarise himself with and obtain information and details

from the Owner in respect of all existing structures, overhead lines, existing

pipelines and utilities existing at the job site before commencing work. The

Contractor shall execute the work in such a manner that the said structures,

utilities, pipelines etc are not disturbed or damaged and shall indemnify and

keep indemnified the Owner from and against any destruction thereof or dam-

ages thereto.

7.0 CO-ORDINATION WITH OTHER AGENCIES

The work shall be carried out in such manner that the work of other agencies

operating at the site is not hampered due to any action of the Contractor. The

Contractor will be responsible for ensuring proper co-ordination with other

agencies. In the event of any dispute between the Contractor and any other

agency employed at the job site arising out of or related to the performance of

the work, the decision of the Engineer-in-charge shall be final and binding on

the Contractor.

8.0 LABOUR LAWS


The Contractor shall obtain necessary licence from the Licensing Authority un-

der the Contract Labour (Regulation & Abolition) Act, 1970 and the Central

Rules framed there under and produce the same to the Engineer-in-charge be-

fore start of work.

The Contractor shall not undertake or execute or permit any other agency or

sub-contractor to undertake or execute any work on the contractor's behalf

through contract labour except under and in accordance with the licence issued

in that behalf by the Licensing Officer or other authority prescribed under the

Factories Act or the Contract labour (Regulation & Abolition) Act- 1970 or

their applicable law rule or regulation if applicable.

The provision of EPF & MP Act. 1952 and the Rules/Scheme there under shall

be applicable to the Contractor and the employees engaged by him for the work.

The Contractor shall furnish the code number allotted by the RPFC Authority,

to the Engineer-in-Charge before commencing the work.

The Contractor shall be exclusively responsible for any delay in commencing

the work on account of delay in obtaining a license under clause 6.1 above or in

obtaining the code number under Clause 6.3 above and the same shall not con-

stitute a ground for extension of time for any purpose.

The Contractor shall enforce the provisions of ESI Act and Scheme framed

there under with regard to all his employees involved in the performance of the

Contract and shall deduct employee's contribution from the wages of each of the

employees and shall deposit the same together with employer's contribution of

such total wages payable to the employees in the appropriate account.

9.0 LABOUR RELATIONS

In case of labour unrest/labour dispute arising out of non-implementation of any

law, the responsibility shall solely lie with the contractor and he shall re-

move/resolve the same satisfactorily at his cost and risk.

The Contractor shall deploy only duly qualified and competent personnel for

carrying out the various jobs as assigned by the Engineer-in-Charge from time

to time. The workmen deployment by the contractor should also possess the

necessary licence etc., if required under any law, rules and regulations.

The Contractor shall ensure that local labour, skilled and/or unskilled, to the ex-

tent available shall be employed in this work. Special preference shall be given

to persons and/or dependents of persons whose land has been acquired for the

project work. In case of non-availability of suitable labour in any category

out of the above persons, labour from outside may employed.


The Contractor shall not recruit personnel of any category from among those

who are already employed by the other agencies working at site but shall

make maximum use of local labour available.

(a) Payment to contract workmen: In case of manpower based Contracts,

Contractor shall be responsible to make payment to his workers/ employees in

respect of their salaries/ wages through bank cheques/ crediting to bank A/c; the

consent of the labour should be obtained before crediting wages to the bank ac-

count, the contractor shall pay wages to all his employees on or before 7th of

the following month under the supervision of authorised OMPL personnel and a

copy of proof of payments to be submitted to OMPL; The Labour payment

should be made to the individual labour bank account only. OMPL may de-

mand such payment of wages under supervision of OMPL, if found necessary.

The rates of wages shall be in conformity to the minimum wages act.

10.0 CONTRACTOR'S LABOURERS TO LEAVE SITE ON COMPLETION OF

THE WORK

The Contractor's labourers must leave the location of the project site after the

work is tapered/completed to avoid creation of a Slum in the areas adjoining the

project.

11.0 TEMPORARY WORKS

All Temporary and ancillary works including enabling works connected with

the work shall be responsibility of the Contractor and the price quoted by them

for erection shall be deemed to have included the cost of such works, which

shall be removed by the Contractor at his cost, immediately after completion of

his work.

12.0 MAKE OF EQUIPMENTS/COMPONENTS

Bidders shall procure and supply the items covered in their scope from the ap-

proved vendors. Wherever an item is specified or described by a particular

brand name, manufacturer or vendor, the specific item mentioned shall be for

establishing type, function and quality desired. Other manufacturer's products

will be considered, provided sufficient information are furnished to the Em-

ployer to assess the products proposed as equivalent and acceptable. Contractor

shall take prior approval from Engineer-in-Charge for procuring such items

which are not covered under approved vendor list.

13.0 QUALITY ASSURANCE SYSTEM.- As applicable


The Contractor shall include in his offer the Quality Assurance Programme con-

taining the overall quality management and procedures which is required to be

adhered to during the execution of contract. After the award of the contract,

detailed quality assurance programme to be followed for the execution of con-

tract under various divisions of works will be mutually discussed and agreed to.

The Contractor shall establish document and maintain an effective quality as-

surance system as outlined in recognised codes.

Quality Assurance System plans/procedures of the Contractor shall be furnished

in the form of a QA manual. This document should cover details of the person-

nel responsible for the quality assurance. , plans or procedures to be followed

for quality control in respect of Design, Engineering, Procurement, Supply, In-

stallation, Testing and Commissioning. The quality assurance system should in-

dicate organizational approach for quality control and quality assurance of the

construction activities at all stages of work at site as well as at manufacturer’s

works and despatch of materials.

The Owner/or their representative shall reserve the right to inspect/witness re-

view any or all stages of work at shop/site as deemed necessary for quality as-

surance.

The Contractor has to ensure the deployment of quality Assurance and Quality

control Engineer(S) depending upon the quantum of work. This QA/QC group

shall be fully responsible to carryout the work as per standards and all code re-

quirements. In case Engineer-in-Charge feels that contractor’s QA/QC Engi-

neer(S) are incompetent or insufficient contractor has to deploy other experi-

enced Engineer(s) as per site requirement and to the full satisfaction of Engi-

neer-In-Charge.

In case contractor fails to follow the instructions of Engineer-in-charge with re-

spect to above clauses, next payment due to him shall not be released unless and

until he complies with the instructions to the full satisfaction of Engineer-in-

charge.

14.0 TEST AND INSPECTION OF WORKS

The Contractor shall carry out the various tests as per direction of Engineer-in-

Charge either on field or outside/laboratories concerning the execution of work

and supply of the material by contractor. All the expenses shall be borne by

the contractor and shall be considered as included in the rates quoted. The in-

spection shall be done by the following agencies:


14.1 Representative deputed by Engineer-in-charge

14.2 Representative deputed by Statutory Authority

Contractor shall give prior notice sufficiently ahead of time to the Engineer-in-

charge and also to the authorities to conduct inspection/to witness such tests.

The work is subject to inspection at all times by the Engineer-in-Charge. The

Contractor shall carry out all instructions given during inspection and shall en-

sure that the work is being carried out according to the technical specifications

of this tender, the technical documents and the relevant codes of practice fur-

nished to him during the performance of the work.

The Contractor shall provide for purpose of inspection access ladders, lighting

equipment for testing and necessary instruments etc. at his own cost including

Low Voltage Lighting equipments for tray fixing and inspection work.

Compressed air for carrying out works shall be arranged by the contractor at his

own cost. Any work not conforming to the execution drawings, specifications

or codes shall be rejected forthwith and the Contractor shall carryout the recti-

fications at his own cost.

All results of inspection and tests will be recorded in the inspection reports,

proforma of which will be approved by the Engineer-in-Charge. These reports

shall form part of the completion documents.

For materials supplied by Owner, contractor shall carryout the tests, if required

by the Engineer-in- charge and the cost of such tests shall be reimbursed by the

Owner at actuals to the Contractor or production of documentary evidence.

Inspection and acceptance of the work by the Engineer-in-charge shall not re-

lieve the contractor from any of his responsibilities under this contract.

15.0 LAND FOR RESIDENTIAL ACCOMMODATION

Contractor shall arrange land for residential accommodation for his staff and

workers at his own cost and the quoted price shall be deemed to include the

same.

16.0 FUEL REQUIREMENT OF WORKERS/TRANSPORT

Contractor shall be responsible to arrange at his own cost for the fuel require-

ment of his workers and staff, cutting of trees etc. shall not be permitted for his

purpose. To and fro from place of residence are also included in Price.

17.0 REGISTRATION UNDER STATE GOVT. GST ACT etc: Refer GCC,


Commercial terms, exhibit-IV

18.0 CONSTRUCTION EQUIPMENT

The Contractor shall without prejudice to his overall responsibility to execute

and complete the work as per specifications and Time Schedule, progressively

deploy adequate equipments and tools and tackles and augment the same as de-

cided by the Engineer-in-Charge depending on the exigencies of the work so as

to suit the construction schedule. The tenderer shall submit a list of construction

equipments he proposes to deploy for the subject work along with deployment

schedule. No construction equipment shall be supplied by the Owner Unless,

otherwise specified. Tenderer to ensure deployment of suitable cranes/required

equipment and take all safety precautions during execution of work.

19.0 SITE ORGANISATION

The tenderer shall submit the details of organisation proposed by him at site of

work for the implementation of the works under the contract, together with bio-

data of the key personnel. The contractor shall however without prejudice to his

overall responsibility of execute and complete the works as per specifications

and time schedule progressively deploy adequate qualified and experienced

personnel together with skilled/unskilled manpower and augment the same as

decided by Engineer-in- Charge depending on the exigencies of work to suit

the construction schedule without any additional cost to owner.

20.0 ISSUE OF WORK ORDER/LOI

Work order for the awarded work shall be issued after award of works, which is

intimated to the successful tenderer by a Fax/Telegram/Telex/Detailed letter of

intent. Until the final contract document/W.O is prepared and executed, this

tender document together with annexed documents, modifications, deletion,

agreed upon by the Owner and the Tenderer's acceptance thereof shall constitute

a binding contract between the successful tenderer and the owner based on the

terms contained in the above said documents and the finally submitted and ac-

cepted price schedule.

The Work order shall consist of the following :

20.1 Fax/telex/Telegram of Intent, if issued.

20.2 Detailed Letter of Acceptance along with its enclosures

20.3 Original tender document with its enclosures

20.4 Agreement on Stamp paper, at OMPL discretion.

The statement of agreed deviation shall be prepared based on the final terms and


conditions and shall be enclosed along with Letter of Acceptance and all corre-

spondence and minutes of meeting held between the owner and the tenderer

prior to the issue of Telex/Telegram of Intent shall be treated as NULL AND

VOID . Any deviation or stipulation made and accepted by the owner after the

award of jobs shall be treated as amendments to the contract documents.

21. PROVIDENT FUND

The Contractor should strictly comply with the provision of the Employees Provi-

dent Fund Act.

(a) Obtained licence under Contract Labour (Abolition and Regulation)Act 1970

(b) P.F. Registration Number allotted to them by RPFC.

(c) The agencies should promptly deposit P.F. deduction of the eligible con-

tract employees plus the employers contribution to the RPF. For this

purpose agency must submit a certificate in their Bill that PF amount has

been deducted from the eligible employees and along with the employ-

ers contribution has been deposited with RPFC. In support of this the

agency must furnish the challan / receipt for the payment made to

RPFC for the earlier months.

If the certificate and the challan / receipt are not furnished, the Finance & Ac-

counts Dept. of Owner will deduct 16% (Sixteen Percent) of the amount of the

Contractor’s bill and retained deposits may only be refunded to the contractor

on production of the Challan / receipt.

22. ROYALTY

All royalties etc., as may be required for any Borrow Areas including right of

way et. to be arranged by Contractor shall be deemed to have been included in

the quoted prices.

Contractor’s quoted rate should include the royalty on different applicable items

as per the prevailing State Government rtes. In case, owner is able to obtain the

exemption of Royalty from the State Government, the Contractor shall pass on

the same to owner for all the items involving Royalty. Any increase in prevail-

ing rate of Royalty shall be borne by the Contractor at no extra cost to the

Owner. The contractor should indicate the rate of Royalty considered in their

offer.

23. PUTTING UP OF BUILDINGS ON PROJECT SITE-If applicable


The contractor shall put up temporary structures as required by him for his of-

fice fabrication shop and stores only on the area allocated to him on the Project

Site. No tea stalls/canteens should be put up or allowed to be put up by contrac-

tor in plant area without written permission of the owner.

No Person other than authorised watchman shall be allowed to stay in the plant

area after completion of the days work without prior written permission of the

Engineer-in-charge.

24. CONSTRUCTION POWER & WATER (If APPLICABLE)

a. CONSTRUCTION POWER : As referred under SCC Exhibit – 2 section-3

b. CONSTRUCTION WATER : As referred under SCC Exhibit – 2 section-3

25. INSURANCE

Owner shall at its own cost and expense take out from a suitable insurance com-

pany and maintain the following insurances, which shall be

Erection All risks Insurance (EAR) or Contractor's All Risks Insurance (CAR) or take

endorsement in existing Operational risk policy to cover such this risk.

The OWNER at his own cost has taken an "all risk" type insurance policy. These

policies apply only to insurance risks at site and to no other location. The CON-

TRACTOR shall be solely liable in the event of his and/or SUBCONTRAC-

TOR's having caused any loss or damage of any nature arising out of or in con-

nection with the execution of the WORK not covered under those policies and

shall indemnify the OWNER and /or his representative in respect of any claim in

respect of any such loss or damage. The CONTRACTOR shall make himself ful-

ly familiar with the terms of the said policies and take such additional insurance

as he may deem necessary at his own cost.

26. CONTRACTOR- FURNISHED INSURANCE- Insurance Cover for Work-

men:

The contractor shall obtain adequate Insurance Policy in respect of his workmen

to be engaged for the work compulsorily towards compensations as admissible

under the Workmen’s Compensation Act 1923, and Rules framed there under

upon death/disablement of a worker and the same has to be produced to the

HR before start of the work.

All workers whose salary is more than Rs 21000/- per month need not to be

covered by ESI. However, contractor to take insurance policy to cover the risk

towards temporary disablement and permanent disablement for the workmen.


CONTRACTOR shall at his cost and expense take out from a suitable insurance

company acceptable to owner and maintain for the entire period until AC-

CEPTANCE OF WORKS or until such time thereafter as the CONTRAC-

TOR may consider appropriate the following insurances.

(1) Workmen's Compensation Insurance (WCI)

This insurance shall confirm to and satisfy all the requirements of the ap-

plicable laws and regulations of the country, state territory or province

having jurisdiction over the CONTRACTOR 's employees engaged in

the WORKS.

(2) Employer's Liability Insurance (ELI)

The insurance shall cover the liability of the CONTRACTOR as employ-

er, for compensation beyond the coverage of the Workmen's Compensa-

tion Insurance for bodily injury to or loss of life the CONTRACTOR's

employees while engaged in the WORKS.

(3) Third Party Liability Insurance (TPL)

This insurance shall cover legal liability for bodily injury to loss of life of

and/or damage to and loss of properties of the third person party arising

out of the performance by the CONTRACTOR of the works.

(4) Automobile Liability Insurance (ALI)

This insurance shall cover all the CONTRACTOR's liabilities in connec-

tion with use by the CONTRACTOR for the WORKS of any mobile

equipment and automobile and when used which are owned, non-owned

hired and otherwise placed under the CONTRACTOR's administration

and control, for bodily injury to loss of life of and/or property damage of

any person or party.

(5) Movable All Risks Insurance (MRI)

This insurance shall cover the damage to and/or loss of the CONSTRUC-

TION EQUIPMENT including watercraft and aircraft and further includ-

ing the CONTRACTOR's TEMPORARY WORKS, owned, non-owned,

hired or otherwise placed under the CONTRACTOR's administration

and control with the full replacement value coverage for each and every

occurrence.

(6) Other Insurance

Other insurance which shall be necessary or which the CONTRACTOR

deems necessary for proper performance of the WORKS e.g.Overseas

(and/or Domestic) Travellers’ accident Insurance. Burglary Insurnce

All Risks marine cargo Insurance for the CONTRACTOR's CON-

STRUCTION EQUIPMENT, tools and machinery, and for equipment and

materials that the CONTRACTOR's TEMPORARY WORKS and that

the CONTRACTOR under the CONTRACT may supply for the WORKS

and/or the PERMANENT WORK and

Fidelity Guarantee Insurance


The CONTRACTOR agree that the provisions of this Clause shall to the ex-

tent as appropriate, be apply all the contracts that may for the WORKS be en-

tered into by and between the CONTRACTOR and the respective SUBCON-

TRACTORs and unless the CONTRACTOR furnished insurance called for by

the CONTRACT are good also for the SUBCONTRACTORs their properties

and/or their liabilities in connection with the WORKS the CONTRACTOR

shall include in such contracts as aforementioned the requirements for insur-

ance conforming to this clause.

Inclusion of such insurance requirements in such contracts as aforementioned

however, shall not release the CONTRACTOR from any of his responsibilities

and liabilities under the CONTRACT.

27.0 RECOVERY OF SUMS DUE

Whenever any claim against the CONTRACTOR for payment of a sum of mon-

ey arises out of or under the contract, the Owner shall be entitled to recover such

sums from any sum then due or which at any time thereafter may become due

from the contractor under this or any other contract with the Owner and should

this sum be not sufficient to cover the recoverable amount the Vendor shall pay

to the Owner on demand the balance remaining due.

28. DIFFERENCE IN MEANINGS/TERMS.

In case of any difference of any of the terms and conditions either in the mean-

ing or understanding or contradictory terms or conditions at different plac-

es/portions in this document, the more stricter terms favouring OMPL will ap-

ply. The bidder shall also seek clarifications on such issues from OMPL before

submission of the quotes.

3.1.2.1.1.1.1 VERIFICATION OF CHARACTER AND ANTECEDENTS OF CON-

TRACTUAL MANPOWER

In all contracts involving deployment of contractor's manpower within OMPL

premises like Plants and Offices etc. the contractor shall submit the following

documents to OMPL prior to start of work:

i. Undertaking from the contractor that they have scrutinised the previous work

history of the person(s) proposed to be deployed by them and character and an-

tecedents of person(s) proposed to be deployed by them is / are impeccable.

ii. Along with the above mentioned undertakings, the contractor will provide certi-

fied photocopies of police verification certificate for inspection by the author-


ised representatives of OMPL. The contractor has to obtain Police Verification

Report from the area where the person(s) to be deployed has / have been resid-

ing since the last five years. In case the person concerned has not resided at a

place for five years at a stretch, Police verification reports should be obtained

from that area where the person(s) has / have stayed earlier.

iii. The contractor shall ensure at the time of submitting their final bills to the EIC,

that it is accompanied by a NOC from Security Dept., OMPL, for having sur-

rendered all Photo passes and Bio-Metric cards issued by OMPL. If any Pass

and Bio-Metric Cards are not surrendered even after the completion of job /

contract, the contractors are liable to pay a fine of Rs.200/- for every un-

surrendered pass and Rs. 100/- for every Bio-Metric card (These fine amounts

are subject to revision by Security Dept., OMPL, from time to time.

30. The tender terms/ conditions as per SCC (Special conditions of the contract)

Supercedes all similar terms prescribed under GCC / Other Conditions of Con-

tract (OCC).

31. Please refer to SCC for solvency certificate , Defect liability period, Retention

money etc that may be applicable to the tender.

32. Statutory Requirements/ Safety related aspects- (as applicable).

a) This shall be read in conjunction with the OMPL General Conditions of Contract,

Special Safety Precautions to be taken by the Contractors working in Operating

Aromatic Complex, Specification of Work, Drawing or any other document form-

ing part of this contract wherever the context so requires.

b) Contractor shall be responsible for the safety and health of all his employees.

c) All Liabilities under IE rules 1956/labour laws, insurance on account of this con-

tract for personnel/labour shall be done by the contractor. Engineer In-charge in

co-ordination with P&A dept will be ensuring that all these statutory require-

ments pertaining to labour and safety is complied by the Contractor during the

execution of the said contract. Workmen employed by the contractor are required

to comply with/maintain the following under contract labour (regulation and abo-

lition) act and also make it available for the inspection by HR

Workmen register Attendance register

Wage register (payment to be made strictly as per minimum wages act)

Work commencement certificate from labour commissioner and labour license

if required Insurance cover towards temporary disablement and permanent

disablement for the workmen

PF Contribution -As per PF act the contractor has to obtain separate code for

the PF of their employee from the PF commissioner/OMPL. Details of pay-

ment of PF for the wages disbursed by the contractor to the workmen shall be

submitted to HR periodically.

d) The contractor should give an Undertaking that he has gone through all terms and


conditions of OMPL General Conditions of Contract and all terms and conditions

are agreeable to them.

e) Contractor shall ensure strictly all Safety Precautions to be taken in an Operating

Aromatic Complex. “Special safety precautions to be taken by the contractors

working in operating Aromatic Complex” is to be taken from Engineer Incharge.

f) Contractor shall ensure that all workmen entering Aromatic Complex premises

are provided with valid photo gate passes and to be produced on demand by each

workman.

g) The Contractor shall submit the Bio-data of all the employees including the Su-

pervisor to the Engineer-in-charge before taking up the job. Only those employ-

ees whose Bio-data are approved shall be allowed to work inside the Aromatic

Complex. The personnel engaged by the Contractor shall maintain good conduct

and discipline commensurate with Industrial standard. If in the opinion of the En-

gineer-in-charge any of the personnel have not maintained good conduct and dis-

cipline, the Contractor shall remove such personnel immediately from OMPL

premises and provide alternate personnel.

h) The Contractor shall make his own transport arrangements/stay and food for their

personnel during normal duties as well as extended duties and no company

transport shall be provided to the Contractor.

i) The Contractor shall make himself fully conversant with the locations and the

type of job to be carried out.

j) House keeping of the workplace shall be done strictly by the Contractor on daily

basis or as required by the Engineer-in-charge. Contractor to collect all debris/

scrap and dump at designated Scrap Yard within the Aromatic Complex.

k) The Contractor shall prepare plan for executions of jobs and get the same ap-

proved by the Engineer-in-charge. The Contractor shall submit progress report at

specified intervals and shall be responsible to ensure the specified progress.

l) The Contractor shall ensure that day’s work planned by OMPL Engineer-in-

charge is completed on the same day. In case of backlog, the Contractor to in-

crease the manpower or equipment resources to ensure timely completion of the

job.

m) The Contractor shall ensure good workman-ship in all the jobs carried out. Any

defects found in the completed jobs shall be rectified by the Contractor free of

charge to the satisfaction of the Engineer-in-charge.

n) If at any stage of the work, the progress of the Job is found unsatisfactory, OMPL

reserves the right to carry out the remaining portion of the Job by hiring the ser-

vices of the other agencies and charge the cost of such services to Contractor’s

account. In case of any disputes OMPL’s decision will be final & binding.

o) The work to be carried out in a manner so as not to cause damage to the surround-

ings. Damage if caused during carrying out the Job has to be made good by the

Contractor at no extra cost to OMPL.


p) No Extra Bill or Claim for extra work or supply of material will be entertained unless

undertaking of such extra work/supply of material has been authorised by OMPL in writ-

ing.

q) OMPL reserves the right to terminate the Contract without assigning any reason at any

time during the validity of the Contract period.

r) Bills shall be submitted to Accounts Dept. on any working day duly certified by the En-

gineer- in-charge after completion of work.

s) OMPL reserves the right to award the job in full or in any combination of the items as

felt convenient.

33. SPECIAL SAFETY PRECAUTIONS TO BE TAKEN BY CONTRACTORS

WORKING IN AN OPERATING AROMATIC COMPLEX.

a) SMOKING/use of cell phones INSIDE THE AROMATIC COMPLEX IS STRICTLY

PROHIBITED. Contractor shall ensure that all workmen employed do not smoke inside

the Aromatic Complex premises. Workmen shall not strike any arc or light naked flame

without valid permit. They will not be permitted to bring in any flammable materials or

matches while entering the Aromatic Complex premises.

b) Contractor shall ensure that valid permits are available for doing the work. Contractor

shall not start or continue any type of work without the valid permit.

c) The contractor shall strictly adhere to all conditions and safety precautions mentioned in

the work permits. OMPL reserves the right to cancel any work permits issued, without

assigning any reason.

d) Contractor should ensure that all workmen being employed inside the Aromatic Com-

plex premises have undergone “Fire & Safety Training Program” conducted by OMPL

from time to time.

e) The contractor shall ensure that their men do not tamper with the facilities in operation.

They shall not operate any Valves/ Switches etc. unless specifically directed to do so by

Engineer- in-charge.

f) All contract men shall wear Safety Helmets & Safety Shoes & medically fit to carry out

such jobs. They will not be permitted to enter operation unit area without wearing safety

helmet & safety shoes.

g) Depending upon the nature of the job, contract men shall compulsorily wear Personal

Protection Equipment such as Hand Gloves, Safety Belt, Face Shield, Goggles, Boiler

Suit. However other than the above, special PPE if required for the job will be supplied

by OMPL on returnable basis.

h) Contractor shall instruct his workers to stop all jobs immediately in case of fire alarm.

i) Contractor shall instruct his workers to stop all jobs immediately incase release of liq-

uid/gas/toxic/hazardous chemicals etc, and inform the concerned OMPL personnel avail-

able at site.


j) The contractor shall ensure that his workmen do not move around freely inside Aromatic

Complex premises other than the assigned place of work & also do not sleep anywhere

inside Aromatic Complex premises.

k) Consumption of intoxicating preparation or attending duty under the influence of such

products is Strictly Prohibited.

l) The personnel engaged by the Contractor shall maintain good conduct and discipline

commensurate with Industrial standard. If in the opinion of the Engineer-in-charge any

of the personnel have not maintained good conduct and discipline, the Contractor shall

remove such personnel immediately from OMPL premises and provide alternate person-

nel.

m) Contractor’s Vehicles/Engines and permitted type of electrical equipment & tools that

are to be used inside operating units are to be certified by competent authority.

n) OMPL may suspend work at any time or terminate the contract for a pattern of frequent

failure to adhere to Safety Laws, Regulations & Onsite-Safety Procedures.

o) Labours exposed to the hazard of vehicular movement should wear reflective jackets.

34. General Guidelines to Suppliers for Environment and Energy Compatibility (As ap-

plicable)

OMPL looks forward in good ecofriendly practice

All suppliers are to ensure compliance to the following while they are providing Materials

to OMPL or providing services within the premises of OMPL .

a) Ensure that the products supplied are Eco friendly (easily disposable as biodegradable

waste and the end of life or with a buy back condition), when not covered by PO specifi-

cation.

b) Products supplied should be non-polluting when in operation/service.

c) Items supplied are to be energy efficientie “Star rated”.

d) Ensure that the packing and Packaging material used are disposal as biodegradable

waste or with buy back condition.

e) Material Safety Data Sheets contain environment /energy related data

/information on energy efficiency usage, storage, spillage and easy disposal.

f) Specify action to be taken for spillages, if any to prevent contamination of air, land and

water.

g) Ensure that there is no threat to environment during transportation to and returns from

OMPL, during delivery / while supplying materials.

h) Material supplied should not lead to damage or harm to vegetation and greenery while

usage and disposal.

i) Supplier shall comply with all applicable regulations regarding the supplied Goods in-

cluding all materials used and shall provide all information necessary by such regulation

and/or requested by OMPL


j) Supplier shall be responsible, where physically possible, to take the Goods back for the

purpose of recycling them within the scope of the statutory requirements or to dispose

them in an environmentally-friendly manner.

k) Suppliers are to take action and comply with requirements when failures are intimated by

OMPL and repeated failures /failure to act may lead to termination of contracts.

l) Ensure that the noise and pollution levels of vehicles and equipment when used to deliv-

er goods are as per regulatory norms and are subject to verification.

m) Segregate waste generated when providing service as per the scope of work as per OMPL

norms i.e. Metal, Bio-degradable, Non-biodegradable, Solid waste and Hazardous waste,

n) Dispose waste generated as per OMPL norms in the appropriate waste bins provided.

o) Prevent / minimize /control /contain pollution by control on emission of gases, spillages

when providing service as per the scope of work

p) Supplier shall be responsible, where physically possible, to take its Goods back for the

purpose of recycling them within the scope of the statutory duties or to dispose of them in

an environmentally-friendly manner.

q) Follow safety precautions as per OMPL norms, when providing service as per the scope

of work.

r) Prevent wastage, excessive consumption and misuse of Electricity, steam and water.

35.0 General Guidelines to Service Providers for Environment and Energy

Compatibility (As applicable)

OMPL looks forward in good ecofriendly practice. All service providers are to ensure com-

pliance to the following while they are providing Materials to OMPL or providing services

within the premises of OMPL.

Ensure that the products used while providing service are Eco friendly (easily disposable as

bio-degradable waste and the end of life or with a buy back condition), when not covered by

PO specification

Activities of the service provider should be non-polluting either by design or through con-

trol.

Equipment’s brought for providing service are energy efficient i.e. star rated

Ensure that the packing and Packaging material brought are disposal as biodegradable

waste or with buy back condition.

Material Safety Data Sheets are available for material brought for providing service and con-

tain environment /energy related data / information on energy efficiency usage, storage, spill-

age and easy disposal.

Follow action specified by OMPL to be taken for spillages, if any to prevent contamina-

tion of air, land and water.

Ensure that there are no threats to environment during transportation of material to and re-

turns from OMPL to be used for providing service to OMPL.

Material brought for usage and disposed at OMPL, should not lead to damage or harm to

vegetation and greenery.


Supplier shall comply with all applicable regulations regarding the materials used and shall

provide all information necessary by such regulation and/or requested by OMPL

Supplier shall be responsible, where physically possible; to take the Goods back for the

purpose of recycling them within the scope of the statutory requirements or to dispose

them in an environmentally-friendly manner, when covered by contract.

Suppliers are to take action and comply with requirements when failures are intimated by

OMPL and repeated failures /failure to act may lead to termination of contracts.

Ensure that the noise and pollution levels of vehicles and equipment used for providing ser-

vice within OMPL are as per regulatory norms and are subject to verification

Segregate waste generated when providing service as per the scope of work as per OMPL

norms i.e. Metal, Bio-degradable, Non-biodegradable, Solid waste and Hazardous waste,.

Dispose waste generated as per OMPL norms in the appropriate waste bins provided.

Prevent / minimize /control /contain pollution by control on emission of gases, spillages

when providing service as per the scope of work

Supplier shall be responsible, where physically possible, to take its Goods back for the pur-

pose of recycling them within the scope of the statutory duties or to dispose of them in an en-

vironmentally-friendly manner.

Follow safety precautions as per OMPL norms, when providing service as per the scope of

work.

Prevent wastage, excessive consumption and misuse of Electricity, steam and water.

General Guidelines to Suppliers/ Service Providers for Energy Compatibility

For Services PR/ Tender/ Contract:

OMPL is focused on energy efficiency and in line with the same; all contractors

providing services should preferably deploy energy efficient equipment such as energy

efficient welding machines, LED/ CFL temporary lighting etc for execution of the

work and contractors should prevent wastage, excessive consumption and misuse of

Electricity, steam and water

For PR/ Tender/ PO for procurement of appliances where BEE start ratings are

available

OMPL is focused on energy efficiency and in line with the same, for procurement of

appliances such as Air-Conditioners and Refrigerators, where BEE star ratings are

available, appliances of BEE 4-star rating and above will only be procured.

For PR/ Tender for Procurement of new Pumps/ Motors etc

OMPL is focused on energy efficiency and in line with the same, the loading crite-

ria will be applied on all technically acceptable offers to ensure procurement of en-

ergy efficient equipment.

However, this is not mandatory for one to one replacement, where identical pump/

motor may have to be procured for exact replacement of existing equipment.


EXHIBIT – 12 : Annexures for the schemes

INDEX FOR EXHIBIT-12

S.NO. ANNEXURE- NO DETAILS

1 Annexure-I Plot Plan of OMPL

2 Annexure-II Schematics for PR and HA Loading facility

3 Annexure-III Pending Jobs of HA tank 31-FD-09A

4 Annexure-IV PFD of Drag Steam line from OMPL to MRPL

5 Annexure-V Site of GAIL NG skid and Proposed Interconnection

6 Annexure-VI Tentative arrangement of Oil skimmer

7 Annexure-VII Conversion of BFP from Motor driven to turbo drive


Annexure- I Plot Plan of OMPL


Annexure- II : Schematics for PR and HA Loading facility


Annexure- III Pending Jobs of HA tank : 31-FB-09A P&ID of HA tank 31-FB-09A

Already constructed HA Tank 31-FB-09A


AG Pipe Lines for HA tank


Annexure- IV PFD of Drag Steam line from OMPL to MRPL


Annexure- V : Site of NG Skid, Proposed interconnection

Proposed pipe line connection from M/s GAIL NG Skid to OMPL NG network marked in site Map


Proposed NG Skid by M/s GAIL


Annexure- VI : Tentative arrangement of Oil skimmer


Annexure- VII : Conversion of BFP from Motor driven to turbo drive


P&ID of De-aerator and Boiler Feed pumps


EXHIBIT-13 : SAFETY MANAGEMENT GUIDELINES OF OMPL

INDEX

Sr. No. Topic

1 INTRODUCTION

2 SCOPE

3 GENERAL TERMS AND CONDITIONS

4 ADMISSION TO OMPL PREMISES

5 SAFETY, HEALTH AND ENVIRONMENTAL PROGRAM

6 SAFETY RULES AND PROCEDURES

7 WORK PERMITS

8 EMERGENCY RESPONSE AND INCIDENT REPORTING

9 SAFETY REPORTS & RECORD REQUIREMENTS

10 COMPLIANCE WITH STATUTORY REQUIREMENT

11 SAFETY INFRINGEMENT AND PENALTY SCHEME

12 LIST OF ANNEXURE


1. INTRODUCTION :

ONGC Mangalore Petrochemicals Ltd (hereinafter defined as OMPL) has a well-defined Safety Policy and

runs a comprehensive program for its implementation. The policy requires all OMPL Contractors to

maintain similar, if not better SAFETY standards.

This Guideline supplements and not supersedes other Contract’s terms and conditions relative to SAFETY

issues. All the items included in this document (SAFETY Guidelines for Contractors) are described in more

detail in other OMPL Regulations, Guidelines, Procedures, Safe Work Practices and Policy Statements.

Following the requirements in this Guideline does not guarantee compliance with all applicable legal and

regulatory requirements. Compliance with the applicable requirements is the sole responsibility of the

CONTRACTOR and cannot be assumed by the OMPL.

CONTRACTOR, and CONTRACTOR employees, shall become familiar with these SAFETY Guidelines

for Contractors prior to commencing work at OMPL premises.

2. SCOPE:

These guidelines are applicable to all the contractors and their employees working in OMPL. This is also

applicable to sub-contractors, suppliers & vendors. All the contractors are required to ensure that they and

their employees comply with relevant safety requirements as mentioned in this Safety Policy depending on

the nature of work. This policy is not a substitute to the statutory rules and regulations and also the

prevailing OMPL Safety Requirements. This is to further reinforce the existing Safety Standards in

Complex.

The word “Contractor” for the purpose of these Safety Management Guidelines shall include an agent or

Sub-contractors

An updated version of any OMPL SAFETY documents and release of new OMPL SAFETY Management

System, Guidelines, Procedures, Standards and Safe Work Practices shall automatically supersede any

applicable clause(s) of this document (SAFETY Guidelines for Contractors).

This document should be read in conjunction with following:

* General Conditions of contract (GCC)

* Special Conditions of Contract (SCC)

* Job specifications

3. GENERAL TERMS AND CONDITIONS FOR SAFETY:

3.1 OMPL’s Golden Safety Rules:-

1. Follow all safety rules and regulations of the complex.

2. Use of Basic Personal Protective Equipment (PPE) Safety Helmet, Safety Shoes and Goggles & Hand

Gloves (while working) are mandatory in Plant area. Other PPEs (ear plug, safety belt, face shield, pro-

tective suit, etc.) shall be used as per requirement and Job Safety Analysis (JSA) recommendation.


3. Carrying of Matche boxes Lighters & flame generating materials (without authorization via hot work

permit) inside the complex are strictly prohibited.

4. No use of mobile phone at the restricted plant area

5. Smoking &alcohol consumption is strictly prohibited inside complex,

6. Work inside permit area shall be executed with valid & appropriate work permit,

7. Every person in plant area must follow Safety Rules / precautions applicable to the activity.

8. Know how to do your job safely, if in doubt ask concern supervisor,

9. Reporting all incidents including near miss incident (NMI) immediately.

10. Intervening the Unsafe action and explaining the consequence and taking verbal agreement for doing it

safe. And reporting the same to Safety Department.

11. Reporting the unsafe condition and follow for taking the corrective action.

12. 08 nos. of Assembly points are established in the complex for evacuation purpose. Know the nearest

assembly point of your area.

13. Always move to assembly point at upwind direction in case of gas leak.

14. Know the location of Manual Call Point (MCP), Safety shower, fire extinguisher, nearest assembly

point of your working area.

15. While driving the vehicle seat belt is mandatory.

3.2 OMPL’S GOLDEN SAFETY RULES FOR DRIVERS:-

1. Speed limit in plant- 16 Km/hr.

2. Consumption of alcohol and tobacco related protects are strictly prohibited.

3. All vehicles going inside Process/Off-site area must have IS marked / CCOE marked spark arrestors at

their exhaust.

4. The driver shall wear the seat belt while the vehicle is in motion.

5. No use of mobile phone at the restricted plant area & while driving the vehicle.

6. Keep distance of 10 meter between vehicles.

7. Use horn at blind curves.

8. Vehicle checklist to be followed every day. (Tyre condition, air pressure, brakes, brake lights, horn,

reverse horn, Oil, Water etc.).

9. Keep copies of driving license, Registration Certificate (RC) of the vehicle, , Valid Insurance papers ,

valid Pollution Under Control Check (PUC).

10. Get defensive driving training and refreshment training from OMPL Safety Department.

11. Every year eye check-up is must for driver above 40 years of age.

3.3 OMPL REPRESENTATIVE

Unless clearly specified, the OMPL representative hereinafter defined is the Engineer In Charge of the

Contract.

3.4 CONTRACTOR REPRESENTATIVE


CONTRACTOR's Field Representative shall meet with the OMPL Representative prior to the start of the

work to review job requirements, OMPL Rules and Safety Regulations and to establish a work schedule.

CONTRACTOR shall not commence work until authorized to do so by the OMPL Representative.

3.5 RESPONSIBILITY FOR INFORMING SUBCONTRACTORS

CONTRACTOR is responsible for informing CONTRACTOR’s employees and Subcontractors of the

requirements in these guidelines and all specific instructions pertinent to the work.

3.6 WORK STOPPAGE

The Engineer In Charge or his representative, designated SAFETY personnel / coordinator or a any OMPL

personnel in the OMPL premises may stop CONTRACTOR's work which is considered hazardous (violates

OMPL, or other standards).

3.7 CAMERA

Photography is prohibited in all OMPL controlled areas unless authorized. CONTRACTOR shall obtain

prior authorization from OMPL Representative. Appropriate Work Permit shall be obtained from OMPL

employee (directly involved in the job).

3.8 HOUSEKEEPING AND HYGIENE

During the performance of the work, CONTRACTOR shall keep a reasonable degree of order by regular

disposal of accumulated rubbish and excess material. Such disposal of accumulated rubbish, excess material,

all wastes (Solid, E- waste, etc) generated by the CONTRACTOR shall be in line with the OMPL

environmental procedure. At the completion of the work, CONTRACTOR shall clear the site of all debris,

leftover, tools, consumable supplies, and materials.

3.9 DAMAGE TO OMPL EQUIPMENT OR PROPERTY

CONTRACTOR shall promptly notify the OMPL Representative, as per OMPL Incident Reporting &

Investigation Procedure, in the event CONTRACTOR damages OMPL equipment or property.

3.10 CONTRACTOR'S EQUIPMENT / MATERIALS

CONTRACTOR's engine driven equipment shall be equipped with PESO approved type of spark arrestor

and wiring in good operating condition before it can enter the plant area and other OMPL premises.

Operation of engine driven equipment must comply with OMPL Rules and Regulations.

All Electrical equipment must be checked and cleared by OMPL Electrical Representative for using in the

OMPL Complex. Clearance certificate to be pasted on the checked equipment for allowing in the plant area, all

clearance is valid for six months.

3.11 THIRD PARTY ‘TEST CERTIFICATE’


CONTRACTOR shall secure Factories Department approved Third Party ‘Test Certificate’ (before using

any) of the following CONTRACTOR’s equipment / equipment accessories

Lifting appliances (crane, boom truck, truck, jig lift, forklift, pulley, D Shackle etc.)

Safety valves on mobile equipment, e.g. air compressor, hydro test machine, vacuum truck etc. Cargo tank of

tank vehicles, e.g. fuel tanker, vacuum tank or pressurized tank, etc.

All pressure vessels, e.g. compressor’s air receiver, SMPV, etc.

And also produce test certificate once in year for all lifting appliance, valve vacuum tank, pressure vessel, &

once in six month for lift, Hoist, man basket.

3.12 FORKLIFTS, INDUSTRIAL TRUCKS AND CRANES

Only persons holding appropriate Driving License may operate forklifts, industrial trucks and cranes.

Personnel are not permitted to ride on forklifts, industrial trucks and cranes.

3.13 STORING FUEL AND REFUELING ON OMPL PREMISES

CONTRACTOR should not store fuel for re fuelling (vehicles & equipment) inside OMPL premises without

OMPL Representative Approval.

CONTRACTOR should not transport fuel on vehicles or containers not approved for that purpose.

4. ADMISSION TO OMPL PREMISES:

3.1 ENTRY IN AROMATIC COMPLEX or OMPL PREMISES

CONTRACTOR shall allow only its employees, Subcontractors, and suppliers directly connected with the

work, to enter OMPL premises only after necessary Safety induction is carried out and endorsed.

Safety induction training followed by verification of medical fitness by OMPL Occupation Health Centre

Doctor and giving clearance for entry inside the plant.

1. Safety Induction training at training centre

2. Effectiveness of training check-up, if awareness is less training will be repeated

3. Verification of medical fitness by OMPL Occupation Health Centre Doctor

4. Clearance from Safety Department in the gate pass application form.

4.2. VEHICLES AND PARKING

CONTRACTOR shall furnish transportation for all of CONTRACTOR’s employees from the designated entry

gate to the job site and return. The OMPL Representative will designate the routes and parking areas to be


used by CONTRACTOR's vehicles in OMPL premises. CONTRACTOR shall observe all of the OMPL’s

traffic regulations at all times while in the complex and other OMPL premises.

All CONTRACTORS owned, rented, or leased vehicles or equipment (i.e. air compressors, generators,

welding equipment, fork lifts, cranes, etc.) entering the Complex and other OMPL premises shall be properly

identified and has a valid Safety clearance and Gate Pass. Only vehicles required for execution of work are

allowed in the Refinery and other OMPL restricted premises; all other vehicles shall be parked outside the

Complex or OMPL restricted premises.

The vehicle should have PESO approved spark arrestor, Mini foam fire Extinguisher, First aid box & reverse

horn is compulsory to allow inside the complex.

4. SAFETY, HEALTH AND ENVIRONMENTAL PROGRAM :

Besides meeting OMPL and other regulatory SAFETY provisions, CONTRACTORS must have a written

SAFETY Program and which shall be approved by SAFETY Department. The actual program that shall be

developed will depend on variables such as size of the firm, size of the project, nature of activities and the

location.

The CONTRACTOR Management shall commit resources and all necessary support to ensure the program is

implemented to the satisfaction of the OMPL. CONTRACTOR shall ensure adherence to all laws, rules,

regulation, and notification of various government departments pertaining to safety, health and environment.

Since OMPL is in process of obtaining OHSAS 18001 certification the Contractor shall assist OMPL and do

all things required by OMPL to ensure that OMPL fulfills requirements of OHSAS. All contractors have to

send their Employees for OHSAS awareness training at OMPL training center.

4.1 PLANT SAFETY ORGANIZATION AND RESPONSIBILITIES

The CONTRACTOR’S SAFETY program should establish responsibilities for it’s managers, engineers,

supervisors, safety representatives, and the employees.

The CONTRACTOR’S SAFETY program should also include site SAFETY organization with respect to the

overall site organogram. The CONTRACTOR’s employee in-charge of SAFETY should be among the top in

the organogram and should have authority over other activities. There should be at least one dedicated qualified

and experienced CONTRACTOR’s SAFETY Engineer or Supervisor exclusively responsible for SAFETY

implementation / Co-ordination. He shall be free from any other responsibility and no compensation will be

made by the OMPL for the

deputation of CONTRACTOR’s Safety Staff. Depending upon the nature and size of the job, minimum

strength of the CONTRACTOR’s SAFETY personnel shall be as indicated in the table below.

The number of employees mentioned below represents the maximum number of CONTRACTOR employees

estimated to be engaged at the Plant on any day by the CONTRACTOR and their Subcontractor. In case of

block shutdown or turnaround when the CONTRACTOR is required to bring in additional manpower, the

number of CONTRACTOR Safety Personnel shall be increased as per below table.


Employee Strength (including sub-

contractor)

Minimum Strength of Safety Staff

Max. No. of employees 30 One contractor employee/personnel (Engr./ Supvr.) with

safety experience can function on part time basis.

No. of employees : 30 - 100 One Safety Supervisor on full time responsibility.

No. of employees : 101 - 250 One Safety Officer/ Engineer on full time

responsibility + One Safety Supervisor on full time responsibility.

No. of employees : 251 - 500 Two Safety Officer / Safety Engineer on full time responsibility +

Two Safety Supervisor on full time responsibility.

No. of employees : > 500 One Safety Officer /Safety Engineer + One Safety Supervisor (for

each 250 employees) on full time responsibility.

The number of employees mentioned above represents the maximum number of CONTRACTOR employees

estimated to be engaged at the site on any day by the CONTRACTOR and their Subcontractor. In case of

block shutdown or turnaround when the CONTRACTOR is required to bring in additional manpower, the

number of CONTRACTOR Safety Personnel shall be increased as per above table.

CONTRACTOR’s SAFETY Personnel shall possess the requisite qualification and experience as given below:

Safety Engineer/ Officer:-

The qualifications shall be such as prescribed by Factories Acts/ Rules.

Safety Supervisor:-

Shall be a diploma holder in Engineering or Science graduate having five (5) years experience in handling

construction or maintenance projects in Oil Refinery or Petrochemical Plant, with at least three (3) years’

experience in similar capacity of Safety Supervisor. He must be able to speak, read and write English well &

must know fluent speak in Kannada.

Curriculum Vitae of CONTRACTOR’S SAFETY personnel along with copies of all certificates shall be

submitted for OMPL’S review and approval as per format in Annexure -5 before posting at OMPL site. The

OMPL reserves the right to evaluate the candidate based on review of CV and verification of original

certificates and/or personal interview. .

4.2 SAFETY ORIENTATION

New CONTRACTOR’s Key personnel (i.e. supervisors, engineers and Managers) shall receive induction

training from OMPL SAFETY Department, as per applicable SAFETY Training Performance Standard. In


turn, these trained Contractor’s key personnel shall conduct orientation to their respective employees prior to

job site mobilization / beginning work on the project. Such orientation should include provisions of the written

SAFETY program and procedures applicable to the CONTRACTOR’s scope of work, and also should include

the following :

Initial Safety induction video will be shown to all the Contractor Employees and job oriented training to be

arranged by the Contractor Management team, refresher of the induction training to be done at every 6 months.

Clarification of the SAFETY responsibilities for contractor, subcontractor, employee and all construc-

tion site personnel.

Clarification of SAFETY expectations of the employee.

SAFETY rules within OMPL and that for any owner /client rules.

The location (and proper use) of first aid facilities

The procedure / responsibilities on Incident reporting for personal injuries, occupational illnesses, fire

incidents, property damage incidents, environmental incidents, traffic incidents and near-miss inci-

dents.

Toolbox meeting schedule, agenda and attendance mandatory requirement.

The mandatory use of Personal Protective Equipment on various specific activities

Prompt reporting of unsafe acts or conditions

Overview of OMPL’s emergency response plans and the CONTRACTOR employees action in case

of an emergency/drill

Waste Handling and Disposal

4.3 CONTRACTOR’S SAFETY MEETINGS AND TRAINING

CONTRACTOR shall hold at least Monthly SAFETY meeting (Mass Tool Box Talk) that will be chaired by

the Site Manager and attended by at least 10% of representatives for each level of CONTRACTOR employees.

The meeting agenda should include SAFETY records and activities, statistics, incidents, personal protective

equipment and other employees’ concern on safety at work. Minutes of meeting shall be prepared and issued

to OMPL Representative and copied to OMPL Fire & Safety Dept. In the meeting one of the Safe Employee

selected by the Contractor Management to be facilitated and others to be motivated to do the Safe work.

CONTRACTOR Management responsibilities include establishing practices and procedure and ensuring that

each CONTRACTOR’s employee is trained regarding work hazards and the methods by which these hazards

can be controlled. CONTRACTOR shall carry out all necessary training of its’ employees at its’ own time and

cost.

On some SAFETY subjects, safety talks and toolbox meetings are the primary source of SAFETY training for

employees. CONTRACTOR should conduct the meeting daily, before work begins for the day or shift.

In addition to the safety talks, CONTRACTOR should conduct periodical SAFETY Training of all

employees. The training program shall at least meet the requirements of OMPL SAFETY Training Matrix.

The CONTRACTOR should keep register for the employee’s record for training.


4.4 SAFETY COMMUNICATION AND COORDINATION

CONTRACTOR’s Site Manager and Safety Engineer shall attend OMPL periodical meetings as required by

OMPL Representative or SAFETY Department. For all practical purposes, it should be the responsibility of

the CONTRACTOR to have all its Subcontractors, etc informed and involved in various SAFETY

communication and coordination activities.

4.5 SAFETY INSPECTION / AUDIT

Formal and informal SAFETY inspection/audit will be conducted with/without notice by OMPL.

CONTRACTOR should fully participate in these audits and correct deficiencies identified during the

inspection/audit. CONTRACTOR is required to make SAFETY documents and records available to OMPL

Representative upon request. These include, but are not limited to work procedures, training records,

performance records, environmental records, licenses, permits, registrations and compliance plans.

a) CONTRACTOR’s Job Managers (Site Engineer / Manager) should make a safety inspection of the work

area at least once a week using an inspection guide.

b) All CONTRACTOR’S Safety Personnel, including designated Safety Representatives, should make dai-

ly inspection of the work area. The inspection should be routine, planned, and designed to include com-

munications with specific people in the work place, and not just a visual site visit.

c) CONTRACTOR’S Job Supervisors also should make daily inspection of their work areas for the specif-

ic purpose of correcting unsafe acts or hazardous conditions.

d) Contractor also conduct HSE audit once in six months.

CONTRACTOR’s regularly planned inspection should go beyond routine visual site checks. The result of

these inspections/audits should be used for setting goals for future improvements. A written Inspection report

shall be prepared and distributed to OMPL Representative.

These CONTRACTOR’s inspections and audits should make use of detailed checklists, developed for each

item such as electrical facilities, lock-out systems, scaffolding, industrial hygiene, occupational health, waste

management, releases and emissions, fire prevention, personal protective equipment, training, hazardous

material handling, housekeeping, hand and power tools, maintenance practices and machine or equipment

guarding. There should be effective systems for monitoring the progress on action plan that was developed

based on the inspections / audits.

4.6 RECORDKEEPING AND DOCUMENTATION

Records are required to support activities of Contractor SAFETY programs for both control and audit

purposes. Records that shall be maintained and retained within the contract duration at the job site should

include the following:

(a) First aid log of all first aid cases reported and treated, showing date, name of injured, job nature of inju-

ry and type of treatment given.


(b) All incident investigation report (i.e. injury, illness, traffic, property damage, environmental incident and

as well as Near Miss Incidents).

(c) SAFETY meetings or toolbox meeting records or minutes showing date of meeting, who attended, the

subjects discussed and who conducted the meeting.

(d) Job site inspection / audit reports and status of the action plans.

(e) Records to show dates, name of participants and subject of training programs.

(f) Lifting Tackles and crane or equipment inspection records, 3rd party certificate.

(g) Infringement Reports and traffic violations

5. SAFETY RULES AND PROCEDURES ;

5.1 AGE LIMIT FOR WORKING INSIDE COMPLEX

Personnel / workmen (age 18 years & above) deployed at site should be physically / medically fit.

5.2 SMOKING AND CARRYING OF MATCHES / LIGHTERS

Smoking is prohibited in all OMPL Areas. Carrying of matches and lighters into facilities is prohibited.

Violators will be refused entry into the Restricted Area and shall be dealt administratively as violation.

CONTRACTOR shall be responsible for strict adherence to these Regulations by CONTRACTOR’s

employees or the employees of CONTRACTOR’s Subcontractors.

5.3 BATTERY OPERATED AND ELECTRICAL ITEMS

Non-intrinsically safe battery operated items e.g. flashlights, mobile phone, pagers, personal monitors, etc. are

not permitted inside the plant Area.

Electrically operated tools & equipment should be suitable for use as per the area classification. Refer to

relevant SAFETY documents such as Hand and Portable Power Tools Safe Work Practices, Work Permit

System, Fire Prevention and Electrical Safety.

All Electrical items to be inspected by the OMPL Electrical representative and certified by putting the sticker

on it valid for 3 months after that re-inspection to be done. All Electrical equipment to be allowed inside the

Plant area after getting the Permit only.

The contractor shall provide and maintain all lights, guards, fencing, warning sign, caution boards, other safety

measures and provide for vigilance as and where necessary or as required by the Engineer-In-Charge or by any

duly constituted authority for the protection of workers or for the safety of others. The caution boards shall

also have appropriate symbols visible during night also. - Adequate lighting facilities, including emergency

lighting, such as floodlights, hand lights and area lighting shall be provided along with ELCBs by the

contractor at the site of work with isolation switch known to all at site with proper display, storage area of

materials and equipment and temporary access roads within his working area. The contractor shall obtain

written approval of the Engineer-In-Charge to the lighting scheme and place of tapping prior to its installation.

ELCB as to be checked once in 15 days & before start of work.


5.4 PERSONAL PROTECTIVE EQUIPMENT (PPE)

CONTRACTOR shall be responsible in providing CONTRACTOR employees the appropriate Personal

Protective Equipments (PPEs). CONTRACTOR employees should be trained in the proper use and

maintenance of PPE.

(a) CONTRACTOR shall provide CONTRACTOR’s employees with the mandatory personal protective

equipment and the personal protective / safety equipment as specified in the work permit. The contractor

shall also provide additional PPE, if instructed for safe execution of the job. This will include respiratory

equipment with the fit-test requirement and personal gas monitor.

The mandatory PPE shall be periodically replaced with new ones, as deemed necessary.

(b) CONTRACTOR’s PPE and other safety equipment shall conform to OMPL Specifications attached as

Annexure-A and sample shall be approved by OMPL before procurement. Sufficient stock of mandato-

ry PPE shall be kept and maintained at site.

(c) CONTRACTOR's Supervisor shall ensure that PPE are correctly used and maintained in good condi-

tion.

(d) CONTRACTOR shall strictly enforce all relevant requirements in compliance to OMPL PPE Manage-

ment System.

(e) CONTRACTOR employees and employees of Subcontractors shall wear safety helmet and coverall of

the same color with logo/emblem of the main CONTRACTOR.

(f) MANDATORY FOR THE CONTRACTOR EMPLOYEES WHILE WORKING INSIDE COMPLEX :

1. Safety Helmet.

2. Safety shoes (Conforming to IS standards with ankle protection, steel toe and anti-skid / acid, alkali

and water proof soles).

3. Hand gloves (Leather impregnated cotton hand gloves).

4. Spectacle type goggles with toughened glass lenses, plain face shields with and without chin guards.

5. Other applicable PPEs as per job profile and risk involved.

The contractor must use the “IS/ EN” marked Personal Protective Equipments specific to the job . It is

mandatory to have minimum backup stock of all the PPEs in addition to what is already in use at site.

5.5 FIRE FIGHTING EQUIPMENT

CONTRACTORS shall furnish all portable fire extinguishers and safety equipment required at construction

sites during construction. The fire extinguishers shall be certified by OMPL Fire & Safety dept and proper

tag / sticker shall be provided by the CONTRACTOR.


CONTRACTORS shall not use, alter, or move OMPL firefighting equipment. Firefighting equipment shall be

accessible at all times. In the event of a fire, CONTRACTOR shall move CONTRACTOR’s employees away

from the vicinity of the fire and out of the way of firefighting activities in an orderly manner.

5.6 SCAFFOLDING AND LADDERS

All scaffolds shall be erected by competent and qualified personnel and shall conform to requirements of

OMPL Guidelines and Safe Work Practices for scaffolds and ladders. These requirements include the

mandatory inspection, tagging, approval, and certification of erected scaffold before use.

CONTRACTOR’s scaffold material samples shall be approved by OMPL prior to procurement.

Scaffolding should be regularly inspected by competent person & provide tag.


5.7 USE OF RADIOACTIVE MATERIAL

Only authorized personnel holding valid ‘Radiation Work Permit License’ issued by Atomic Energy

Regulatory Board (AERB) shall handle radioactive material.

CONTRACTOR shall comply with all SAFETY precautions and requirements as specified in relevant clauses

of OMPL Procedures and Guidelines.

CONTRACTOR shall ensure that the following basic rules are strictly enforced:

a) The ionizing radiation source shall not be left unattended.

b) Radiation film badge Dose Meter shall be used.

c) The exposure area shall be clearly identified, barricaded by rope or other effective

means and radiation warning signs posted.

d) CONTRACTOR shall coordinate with OMPL Inspection\ Instrumentation Representative to ensure

that, the Dose Rate at the barricade does not exceed 0.25 milirems per hour.

e) CONTRACTOR shall ensure availability of radiation meter at work site of radiography

f) CONTRACTOR shall give 12 hours prior notice to Engineer In Charge Inspection & Corrosion \ In-

strumentation before starting any radiography work inside refinery.

5.8 COMPRESSED GAS CYLINDERS

CONTRACTOR shall comply with the OMPL requirements for storing, handling and using of compressed gas

cylinders.

Cylinder which is approved by Chief Controller Of Explosive (CCOE) is only allowed to use in refinery

complex.

Required Safety precaution as per Gas cylinder rule to be adopted and clearance to be obtained from Safety

Department.

5.9 ROAD CLOSURES

No roads shall be barricaded or blocked in any way without written approval (Permit) from the OMPL’s

representative. Use of a flag man is required to direct traffic around congested areas. Road workers and

workers on roadsides shall wear reflective orange color coverall or jacket.

Barricades, temporary walkways, signs, etc. should be provided for the safety of pedestrians and roadside

facilities. Barriers shall be equipped with reflectors or lights so that it is readily discernable at night.

5.10 VEHICLE / EQUIPMENT SAFETY CERTIFICATE

All vehicles and engine driven equipment entering OMPL premises require a ‘Safety

Clearance’ as such, CONTRACTOR should meet the following general requirements:

(a) CONTRACTOR’S Vehicle or mobile equipment shall be in good condition and meet the requirements

of ‘Vehicle and Equipment Safety’. The number of vehicles/ mobile equipment shall be kept to the

minimum essential for the site personnel and work requirements.

(b) CONTRACTOR’S vehicle or equipment shall be provided with the right type and size of fire extin-

guisher certified by OMPL Fire & Safety dept.


(c) An approved type (PESO) of spark arrestor shall be fixed to the exhaust of equipment and vehicles en-

tering hazardous area. Pool cars or buses shall not be allowed to enter hazardous area. Mobile equip-

ment, lifting appliances and vehicles to load or unload material shall only be allowed with work permit

and prior authorization.

(d) In addition, CONTRACTOR’S lifting equipment shall have a valid load test certificate from a Facto-

ries Department approved third party. Safety valves on mobile equipment shall also be third party cer-

tified.

(e) Reverse horn to be ensured for the vehicle and all other Motor vehicle requirement to be full filled.

5.11 SAFETY BOARDS AND SIGNS

CONTRACTOR should provide/install proper and appropriate SAFETY Boards and Signs in their jobsites,

yards, workshops, site offices, temporary facilities, roads, transport buses, etc. as per OMPL Guidelines for

SAFETY Boards and Signs.

5.12 WELDING AND CUTTING

CONTRACTOR should obtain a Hot Work Permit prior to any welding works in OMPL premises and all

requirements pertaining to hot work shall be strictly enforced. Only OMPL approved type of Welding Blanket

shall be used.

When welding work is carried out in a workshop or any similar location classified as a permit free area, which

is approved by OMPL Safety, a work permit is not required but the work shall be adequately supervised. The

work area shall at all times be kept clean of combustible and flammable material.

6.13 APPLICABILITY OF OMPL SAFETY MANAGEMENT SYSTEM AND PROCEDURES NOT

LIMITED TO:-

In addition to be above the CONTRACTOR shall follow the OMPL Safety Management System, Fire &

Safety Manual, Permit To Work System, Other procedures as and when applicable.

6. WORK PERMITS :

As a general principle, no work in the OMPL Areas can be carried out unless authorized by appropriate work

permit, except those specified in the OMPL Guidelines and Procedures for Work Permit System. The nature of

work may also require additional authorization, such as Confined Space Entry Authorization, Excavation

Authorization etc.

CONTRACTOR shall obtain appropriate written work permit (and additional authorization if required)

through its OMPL Representative before starting any work and an approved copy of the permit must be posted

at the job site.

CONTRACTOR shall arrange with OMPL representative on the approval requirements for ‘Work Permit

Authorization’, and other essential authorization, where the Class room training and necessary test

requirements are conducted.

CONTRACTOR shall arrange SOP along with Job Safety Analysis to be submitted at least 15 days in advance

before starting of any activity. Prior information of high risk jobs as planned shall be informed with short


details of the work, job safety analysis report to the Engineer Incharge at least 48 hours before starting of such

jobs. Tool Box Talk to be conducted at plant elaborating the hazard and preventive measure to control risk

before starting the job and record to be attached with permit

7. EMERGENCY RESPONSE AND INCIDENT REPORTING :

7.1 EMERGENCY REPONSE

CONTRACTOR shall ensure that Contractor employees clearly understand their responsibility for an

appropriate emergency response as per the OMPL On Site Emergency Management Plan through awareness /

refresher training and Safety Talks.

In the event of a fire, CONTRACTOR shall move CONTRACTOR’s employees away from the vicinity of

the fire and out of the way of firefighting activities in an orderly manner.

7.2 EMERGENCY (ALARMS)

There are various alarm tones to indicate emergency situation in the refinery, as tabulated below. Proceed

upwind, or crosswind if release is upwind of your location, as indicated by wind socks/steam plumes. If in a

building, shut down ventilation system. Proceed to the appropriate emergency ‘assembly area’ by the

evacuation route as indicated.

Category Description Communication

Level 0

Localized Plant Emergency:

No site emergency services required , Only

plant level response required No siren / Only local hooter

Level 1 Minor Emergency Wailing siren (2 Minutes)

Level 2

Major Emergency: Full Site emergency

services required

Wailing siren (2 Minutes) will blown three times

in 1 minute gap.

Level 3 Disaster: Full Site emergency

Services Plus Mutual Aid

required and community

members will be informed

Wailing siren(2 Minutes) will blown three times

in 1 minute gap community members will be

informed

All clear Straight run siren for two

minutes.

Continuous siren(2 minutes)

Testing Every Friday @ 13:00 Hrs. Continuous siren(2 minutes)


7.3 PERSONAL INJURIES

CONTRACTOR shall be responsible and pay for the cost of all necessary first aid, ambulance, and hospital

services in case of accident or injury to CONTRACTOR's employees. All injuries sustained by the employees

of CONTRACTOR while on OMPL premises shall be reported immediately to the OMPL representative &

Sent to OHC for first aid or further treatment as guided by doctor.

7.4 INCIDENT REPORTING & INVESTIGATION PROCEDURE.

CONTRACTOR should meet their responsibilities as per the OMPL Incident Reporting and Investigation

Procedure. Such incident shall include near miss, personnel injury, occupational illness, and release and spill

of pollutants.

9. SAFETY REPORTS & RECORD REQUIREMENTS:

The CONTRACTOR shall prepare and submit the monthly safety reports in prescribe format given as

Annexure B to Fire & Safety Department within the first two working days of the following month

10. COMPLIANCE WITH STATUTORY REQUIREMENT :

Consultants, contractors or other third parties working in the field shall abide by.

The safety regulations for working in areas of the work as defined in scope of work.

All requirements under The Factories Act 1948 and the rules framed there-under in the Karnataka Fac-

tories Rules, as applicable.

Applicable Environment Regulations in force and also the systems and procedures in Karnataka/ state

of work.

OISD Guidelines 207 and other OISD standards / guidelines and Indian Standards. Contractor shall

follow complete Health, Safety and Environmental (HSE) Policy & Procedure of OMPL.

11. SAFETY INFRINGEMENT AND PENALTY SCHEME:

All CONTRACTORS and CONTRACTOR employees working in OMPL areas shall comply with the OMPL

SAFETY Procedures, Guidelines and Safe Work Practices. Violation of these OMPL Procedures / Guidelines /

Safe Work Practices shall be dealt according to penalty system for CONTRACTORS. As follows


PENALTY STAGES

VIOLATI ON FIRST SECOND THIRD FOURTH

MINOR Caution Penalty Penalty Rs.

Notice Rs. 500/- 1000/- * Multiplied

MAJOR Penalty Rs.

1000/-*

Penalty

Rs. 2000/- *

Penalty

Rs. 5000/- * Multiplied

Note: - The penalties may be revised from time to time by OMPL management.

If violation results in Lost Time Accident a Penalty of 3 % of Contract Value subject to 1, 00,000

(Rupees- One Lakhs) max.

If violation results in fatal case a Penalty of 10 % of Contract Value subject to 10, 00,000 (Rupees-

One Lakhs) max.

The OMPL reserves the right to impose more severe penalty, i.e. Suspend/terminate the Contract in

case of repeated major violation.

OMPL employee is authorized to charge the infringement note to contractor for any violation observed

at site in prescribe format ( Annexure- C) with the copy to Safety dept. Any disagreement is there,

OMPL Engineering In charge shall be the final authority to decide whether an infringement is minor or

major for violations which are not listed in the penalty system. Fire & Safety Department is authorized

to issue infringement report to the OMPL representative. The Engineer in Charge of the Contract shall

take necessary action and provide feedback to Fire & Safety Department.

(a) Minor Violation (Examples)

Not wearing Personal Protective Equipment (PPE) at work site.

Blocking of emergency equipment or exits.

Using unapproved scaffolding.

Not keeping proper housekeeping

Not providing shoring for the excavations.

Over speeding


Ignoring safety Signage’s.

Using Grinding Machine without wheel guard.

Tapping Electrical connection without ELCB in place in whole system.

Using Damaged Welding Cable, faulty joints in the cable & without three pin plug cable.

Non-use of Flash back Arrestor in oxy-acetylene Cutting Sets.

Non-availability of standby person at the entry to confined space.

Abuse of safety equipment/facility including use of Firewater for purpose than fire-fighting/ work

permit condition compliance,

Not-responding to Emergency sirens as per Emergency procedure.

Non-reporting of Near-miss incident.

Person working under suspended load in barricaded area.

Cranes moving on Road with suspended load.

Working at height without barricading at ground level.

Dumping excavated earth on edge of excavation.

Mishandling of Gas cylinders, rolling gas cylinder without trolley.

(b) Major Violation (Examples)

Smoking, carrying matches or lighter.

Working without valid work permit.

Noncompliance to work permits condition.

Repeating minor violations more than twice.

Major traffic violation.

Found guilty of negligent driving resulting in a vehicle accident.

Use of mobile inside prohibited area of Complex.

Taking injured worker outside OMPL premises without intimating the OHC.

Non deployment of Safety Supervisor/ Safety Officer/ Safety Engineer as per clause 5.1 (Plant

Safety Organization and Responsibilities).

12. List of Annexure

Annexure-A: Specification of PPEs for contractor workmen.

Annexure-B: Contractor Monthly Report Format.

Annexure-C: Penalty Notification for Contractor.

Annexure-D: Appointment of the Contractor Safety Officer

***

Disclaimer Clause: “The Contractor’s Safety Management Guidelines is not a comprehensive collection of

statutory obligations, Rules or compendium of safety practices. This is for general Guidelines and Contractor,

sub-contractor, vendors and visitors are not absolved from obligations to follow all relevant and applicable

statutory obligations, safety compliances and practices not absolved from their accountability and obligations

due to any statements of omissions and commissions in this document”.


Annexure-A

Specification of PPEs for contractor workmen.

1.SPECIFICATIONS FOR SAFETY HELMETS-HDPE.

1) Helmet Safety Industrial HDPE white colour *.

2) Contractor’s Logo at front side.

3) Conforming to IS 2925/EN & ISI/ EN marked.

4) Nape strap type adj. type 6 point adj. head band & sweat band with 3/4"Cotton Chin strap. * Green

helmets for Safety Personnel to be provided and used by them.

2.SPECIFICATION FOR FULL BODY SAFETY HARNESS) SAFETY BELT

Full Body Safety Harness (Safety belts) must be double lanyard type with scaffolding hook having self-closing

latch (spring type).

Different type of hooks to be available based on the nature of job / type of support. Safety belts should be ISI/

EN marked and should conform to IS 3521 approved.

Safety belts, safety straps, lifelines, permanent anchors and connections should both separately and when

assembled :

a) be capable of supporting safely a suspended load of at least 450 kg (1,000 lb) ; and

b) have a breaking strength of at least 1,150 kg (2,500 lb).

If hooks are used for attaching safety belts to fixed anchors, they should be self-closing safety hooks of various

types and sizes.

When a lifeline or safety strap is liable to be served, cut, abraded or burned, it should consist of a wire rope or

a wire-cored fiber rope.

Safety straps should be so fastened to safety belts that they cannot pass through the belt fittings if either end

comes loose from its anchorage.

Metal thimbles should be used for connecting ropes or straps to eyes, rings and snaps. Safety belts, safety

straps and lifelines should be so fitted as to limit the free fall of the wearer to 1m (3ft 3in).

3.SPECIFICATION FOR FALL ARRESSTOR DEVICE

Fall arrestor device with self-retracting cable integrating locking mechanism combined with an

energy deception element fully automatic having cables of various lengths, ISI/ EN or any international

approval. Only Poly Amide rope shall be used.


4.SPECIFICATION FOR DUST MASK

Dust Mask made of superior quality non-aging chemical-resistant rubber half face piece with reflex

sealing flaps for protection against nuisance dust, (<0.5 micron) toxic dusts, gases and vapours with

replaceable filters.

5.SPECIFICATION FOR REPLACEABLE FILTERS

For protection against nuisance dust, toxic dusts, gases and vapours upto a concentration of 500

ppm. To be fitted on aforesaid Dust Mask.

6.SPECIFICATION FOR SAFETY SHOES

1. Safety Shoes, Jodhpuri style- as per is 11226- 1985 with guarantee for 1& 1/2 years (all weath-

er).

2. Acid/ alkali/ waterproof heat resistant, antiskid green PVC Nitrile sole.

3. Steel toe cap as per relevant “IS”.

4. Upper plain leather, high ankle, with metallic 4 eyelets.

5. ISI/ EN marked.

6. The supplier should give guarantee of use of safety shoes during rainy season.

7.STANDARD SPECIFICATION FOR PVC HAND GLOVES

Hand contoured for greater comfort & feature an embossed nonslip grip for handling wet or greasy

objects cotton flock lining absorbs perspiration maximises easy on/off black with straight cuff each

pair pack.

8.SPECIFICATION FOR ELECTRICAL PPE (SHOCK PROOF)

Hand gloves used for live electrical works shall be of proper electrical rating.

Electrical (shock proof) Safety Shoes (Jodhpuri type) with acid/ alkali/ water proof, heat resistant,

antiskid sole with guarantee for 1&1/2 years (all weather).

1. Upper plain leather.

2. ISI/ EN marked & latest certificate of testing from any of the govt. recognised institution for

electrical resistance.

GUMBOOTS with steel toe should be used by personnel during rainy season. The aforesaid

guidelines are the minimum safety requirements and the contractor should exceed them so as to

achieve “ZERO ACCIDENT” which is our MOTO.


Annexure-B Contractor Monthly report Format.

JOB /Work

Order NO. : MONTHLY SAFETY PERFORMANCE

REPORT

MONTH / YEAR : Date: SL.

NO. CONTRACTOR'S NAME

THIS MONTH MANHOURS LTA LTD REC FAC NMI

1

TOTAL TOTAL MANDAYS INDUCTION / TOOL BOX TRAINING MAN POWER DETAILS

SL.

NO. COMPANY'S NAME

HIS MONT UPTO THIS MONTH

Total No of Man Power This Month

WORKERS STAFF WORKERS

1 Total No of Working Days this Month

Average Working Hour Per Day

TOTAL RATE UPTO PREVIOUS MONTH UPTO THIS MONTH

FR ks if any : We have implimented following Safety Activities at site For last Mont 4

LEGEND : FR : FREQUENCY RATE ( LTA*10

6 / TOTAL MANHOURS WORKED )

SR : SEVERITY RATE ( LTD *106 / TOTAL

*REC : RECORDABLE INJURY CASE **LTA : LOST TIME ACCIDENT LTD : LOST TIME DAYS ***FAC: FIRST AID CASES NMI : NEAR MISS INCIDENT

PREPARED BY :

APPROVED BY :

Safety officer Contractor Incharge


: Penalty notification for Contractor.

Note:-

The penalties may be revised from time to time by OMPL management.

Engineer in Charge/ HOD to forward this notification further action as per applicability.

Copy of Receipt from Bank to be submitted to Engineer in Charge by the Violator.

Cc: Safety Department & Fire Department.

Annexure- C


From To

Name of

Organization

Period of Service Designation Area of Responsibility S.N.

ONGC Mangalore Petrochemicals Ltd.

Annexure-D : Appointment of the Contractor Safety Officer Contractor's Name:-

Nos. of Work force at site:-

Details of Safety officer/Supervisor

Full Name:-

D a t e o f B i r t h : -

D e s i g n a t i o n : -

Appointment date:-

Educational Qualification:-

1) ................................................................................................................................................

2) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Professional Experience (In Chronological Order)

Stamp and Signature of Contractor's Owner/Site Incharge


Exhibit - 14. Design Basis Documents

S.No. Design Basis Document Remark

1 Design basis for General Civil

SHALL BE

PROVIDED

TO

SUCCESSFUL

BIDDER

2 Design basis for General Electrical

3 Design basis for General Instrumentation

4 Design basis for Process

5 Design basis for Rotating Equipments

6 Design basis for pressure vessels

7 Design Basis for Piping

8 Design basis for package equipments

9 Design basis for Fire and Gas detection

system

10 Design basis for Fire protection system

11 Design basis for structural and Architecture

12 Design basis for Safety equipments

13 Legend for P&ID

14 Guidelines for HAZOP study

15 Drawing & Document Review Procedure

16 Philosophy of Mandatory Spares