Académique Documents
Professionnel Documents
Culture Documents
M/s _____________________
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Sub: Construction of 4 Nos of C1 Type Residential Flats and other Allied Facility for
Location In charge and Senior Officers at Port Blair Housing Colony,
Buniyadabad, Port Blair, Andaman & Nicobar Islands Under West Bengal State
Office
Dear Sirs,
We are enclosing the complete set of e-tender document for subject work in two bid system i.e.
Technical commercial bid & Price Bid. The tender document is to be studied thoroughly before
quoting.
There is no Tender Fee required for downloading of tender. Tender will not be available for
purchase from any of our offices.
All documents are required to be submitted online and electronically at the website
https://iocletenders.gov.in except the original instrument of Earnest Money Deposit (EMD).
Tender Documents sent in hard copies shall be summarily rejected.
EMD is to be paid online or offline as specified in Notice Inviting e-Tender by way of
Demand Draft / Pay Order/ BG in favour of Indian Oil Corporation Limited payable at Kolkata.
Hard copy of EMD must be submitted in sealed envelope with the tender no. clearly mentioned &
shall be dropped in the tender box of our Contract Cell on or before due date and time of
submission of tender. Scanned copy of EMD must also be submitted electronically in the specified
section at e-Tender website. Tenders submitted without EMD shall be rejected outright.
Conditional offers are liable for rejection: However you are requested to get any
clarification, if required, from us during Pre-Bid Conference. The points to be clarified during prebid conference may please be conveyed to IndianOil at-least two working days prior to scheduled
day of conference. This is with a view to have structured discussion with proper focus on issues.
Please also note that after the clarifications, if any, are given in conference, no further deviation
shall be permitted and all decisions taken by IndianOil in pre-bid conference shall be binding on
all bidders. All are requested to attend pre-bid conference. The Pre-Bid minutes shall form part
of the tender and tenderers must submit a copy of the minutes of the pre-bid along with the
Technical Bid as a token of acceptance of Pre-Bid minutes failing which their tender may be
liable for rejection.
Canvassing of information or submission of forged or false documents /information by any
Tenderer shall make their offer invalid. Further, action shall also be taken by IndianOil for
forfeiture of their EMD as well as putting the Party on Holiday list.
Bidders are requested to go through the Bidders Manual Kit available in the homepage of the
e-tendering portal i.e. https://iocletenders.gov.in to have a clear understanding of the steps to
be followed for bid submission. The Bidders Manual kit is for general reference only and the
tenderers have to abide by the terms and conditions of this tender. Tenderers must note that
Indian Oil will not be responsible for delay in submission of online tender on or before due date
& time of tender submission. Tenderers must also note that before the bid is uploaded, the bid
comprising of all attached documents should be digitally signed using digital signatures as
specified in the tender.
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Please note that rates given in IOCL SOR (BOQ) are inclusive of all taxes, duties, royalties, levies,
etc but exclusive of Service Tax. Service Tax shall be paid separately as per applicable rate.
Thanking You,
Yours faithfully,
For Indian Oil Corporation Limited
For General Manager (Contract Cell)
Eastern Regional Office
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Sl.
No.
1
TENDER SCHEDULE:
Tender No. & Date
Name of Work
Completion period
Tender Fee
9
10
11
15
b) Closes on
Last Date of Submission of
EMD in Tender Box
Technical Bid Opening Date
& Time
Original Documents
Verification
Validity of Offer
16
17
Address of Office
SL
QUALIFYING PARAMETERS
12
13
14
1.
a)
b)
c)
2.
3.
4
5
6
7
8
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29.02.2016 at 14:30hrs
Up to 29.02.2016 at 14:30hrs
01.03.2016 at 15:00 hrs IST or any time thereafter.
On 03.03.2016 to 08.03.2016 within office hours. No separate
communication will be sent for Original Document Verification.
120 days from the date of opening of the technical-bid
Mr. T.K. Biswas, Ch. Mgr (Contracts), ERO
Mail : tapasbiswas@indianoil.in
Contract Cell, Indian Oil Corporation Ltd. (MD) , 7th Floor, Indian
Oil Bhavan, 2 Gariahat Road (South), Dhakuria, Kolkata - 700068
Experience of having successfully completed similar works during last 5 (five) years up to the
last day of month previous to one in which tenders are being invited i.e. up to 31.12.2015,
should be either of the following:
Three similar completed works each costing not less than or equal to Rs. 57.35 Lacs
OR
Two similar completed works each costing not less than or equal to Rs. 76.46 lacs
OR
One similar completed work costing not less than or equal to Rs. 95.58 lacs
In case documentary proof produced by the tenderer pertains to the work order prior to the
qualifying period but completed during the qualifying period, the value of works completed
during the qualifying period shall be reckoned for arriving at the value of similar work
completed.
Definition of Similar works: The party should have experience of successfully completing any
works which necessarily includes construction of RCC framed structural building.
Note: In case against the similar work order bidder has submitted the SAP work orders of IOC,
the verification of work orders may be done from SAP for determining the final value of the
works and completion date.
Annual Turnover: The annual turnover of the Tenderers during any of the last three financial
years (2012-13, 2013-14 and 2014-15) should be at least Rs. 114.69 Lacs
Price Bid on Percentage basis where the Party should quote as % above/below than the
Departmental Estimate.
As per MSME ACT 2006 Or (Erstwhile NSIC Registered parties), Central/State PSUs and JVs of
IOCL are exempted from the Tender fee and EMD for this tender.
Number of Vendor required:
One
Validity of Tender: Tender rates shall be valid for a period of 120 days from the date of opening
of Technical Bid.
Basis of Selection: Selection of parties will be based on the lowest acceptable rate. In case there
is more than one party quoting the same rate, the party having highest declared turnover
(declared through audited accounts) of any of the three preceding years (2012-13, 2013-14 and
2014-15) shall get preference.
Construction of 4 nos C1 type officers residential quarters /flats ( three bedroom ) with two storied
Building in line with drawings and specification
Land / area development, retaining wall, Pavement, approach road, drainage system and other allied
civil works in line with drawings and specification.
Electrification works for the quarters.
Development of Car Parking area and Structural shed as per drawing/ design.
The drawing attached with the tender is only used for tendering purpose. However working drawing
may be given with approval of EIC/Consultant during execution.
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6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
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Service Tax :
In the present case the work is classified under works contract and hence abatement of 60% of
work value is permissible for calculating service tax liability. Therefore tender evaluation shall be
done after considering the service tax component on 40% of the contract value irrespective of
the methodology of computation of service tax liability by vendor.
Present rate of service tax is 14.5% including cess. The successful bidder shall be required to
submit valid taxed invoices indicating the service tax component separately (Payable by IOCL
and Vendor as per statute) with each invoice.
In other words the Service tax component @ 5.8 % of the quoted amount is excluded in your
rates. Any change in Service tax rate as Per Prevailing Govt rules will bon by IOCl,
Liability for payment of service tax shall be as under:
a)
In case of company, full amount of service tax, shall be deposited by contractor to service
tax authority.
b)
In case of HUF/ Association of persons/ proprietorship/ partnership firm, 50% of service
tax will be deposited by IOCL directly to the service tax authorities and balance 50% shall
be deposited by contractor to service tax authority
Completion Time:
14 (Fourteen) months from the date of commencement order which will be considered as 10th
day from the placing of Work order or Handling over the site whichever is later. In case the
vendor is unable to complete the work within the stipulated time then price adjustment for delay
in completion will be applicable as per clause 4.4.0.0, section 4 of GCC.
Security Deposit:
Successful bidder shall have to submit Security deposit within 10 days after issuance of Letter of
Intent / Acceptance. Security deposit shall be 10% of contact value which can be given in any
one of the following mode.
a)
Initial SD: Out of total security deposit, 25% shall be paid by Pay Order/DD on scheduled
bank in favour of the Indian Oil Corporation Ltd. Payable at Bhubaneswar immediately on
acceptance of LOI / LOA and the balance 75% of the security deposit shall be recovered
from the R/A bill @ 10% of the value of bill till the total amount of the security deposit is
recovered.
b)
Entire SD amount may be paid by Pay Order or DD on scheduled bank in favour of the
Indian Oil Corporation Ltd. Payable at Bhubaneswar.
c)
Alternatively, by way of Bank Guarantee for the entire amount of Security Deposit
executed by scheduled bank to be submitted before the commencement of works. The
Bank Guarantee shall be valid for a period of 15 months from the expected date of
completion of work. The BG should be sent directly by the banker under their covering
letter to the office of the Corporation by Regd. Post/courier. (Format of Enclosed in
Tender documents).
d)
Option of one the above methods once exercised should under no circumstances be
changed later on.
The security deposit will be released after completion of warranty period of 2 years provided no
defects are noticed in the work during this period. No interest will be allowed on security deposit.
The same shall be extended as per the requirement of the concerned State Offices depending on
the actual / anticipated date of completion of works i.e. all the works shall be secured for a
minimum period of 24 months from the date of completion. The tenderers may choose to submit
a fresh BG for the value of work whose defect liability period is ending beyond the validity of the
initial BG.
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Indian Oil reserves the right to accept or reject any or all tenders at their sole discretion.
However, reasons for rejection shall be disclosed only upon specific enquiry by a prospective
bidder (as per Rule 160 (ii) of GFR 2005)
Thanking you,
Yours faithfully,
For Indian Oil Corporation Limited,
GM (Contract Cell)
Eastern Regional Office
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STATEMENT OF CREDENTIALS
Tenderer should fill in below mentioned details and submit the same along with the technical bid.
Non-compliance of any details will be treated as incomplete tender. Please state Not Applicable
in case you have no positive answer. For example, if you are not a Proprietary firm, then please
state Not Applicable against Item No.2 (a) below instead of keeping the same blank.
1.
___________________________________
Phone No.
___________________________________
Fax No.
___________________________________
___________________________________
___________________________________
Type of firm:
(a)
Sole Proprietorship
___________________________________
Partnership Firm:
(Give names of the partners and enclose copy of the Partnership deed):
(i) _________________________________
(ii) _________________________________
(iii)_________________________________
(iv)_________________________________
Or
(c)
Company
(Give names of the Directors and enclose copy of Memorandum of Association)
(i)__________________________________
(ii)__________________________________
(iii)_________________________________
(iv)_________________________________
3.
4.
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5.
6.
Details of major purchase order value executed as specified in the tender notice in last
five financial years
Sl
No
(a)
(b)
(c)
PARTICULARS
(d)
(e)
Date of Completion
(f)
Completion
purchaser.
report
from
Note:
(a) Vendor should furnish copy of the above referred orders / inspection certificates (if any) /
payment details / challans / receipt notes / proof of completion / completion certificates.
(b) Enclose a separate statement if space is not sufficient.
7.
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FINANCIAL YEAR
1.
FY 2012-13
2.
FY 2013-14
3.
FY 2014-15
Note: Vendor should furnish copy of audited Balance Sheet as proof of turnover.
8.
Certificate No
Date
Validity
Date
Note: Copy of valid NSIC & SME Registration Certificate should accompany the quotation.
10.
11.
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DOWNLOADING OF TENDER:
Tender documents for subject work in two bid system i.e. Techno commercial bid and
Price Bid can be downloaded from the website https://iocletenders.gov.in/. No tender
fee is required for downloading of tender. Tender will not be available for purchase from
any of our offices.
2.0
3.0
SUBMISSION OF TENDER:
Bids are required to be submitted online only on e-tendering portal
https://iocletenders.gov.in/ with digital signatures. Late and delayed Bids / Offers after
due date / time shall not be permitted in e-tendering system. No bid can be submitted
after the last date and time of submission has reached. However, if bidder intends to
revise the bid already submitted, they may change / revise the same on or before the
last date and time of submission of bid. The system time (IST) displayed on e-tendering
web page shall be the time and no other time shall be taken into cognizance. Bidders are
advised in their own interest to ensure that bids are uploaded in e-tendering system well
before the closing date and time of bid. No Manual Bids / Offers shall be accepted.
Tenderers must note that Indianoil will not be responsible for delay in submission of
online tender and late receipt of EMD before due date & time of tender submission.
Tenderers must also note that before the bid is uploaded, the bid comprising of all
attached documents should be digitally signed using digital signatures.
4.0
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In case the EMD is not paid, the offer will be treated as invalid and the offer / tender will
be rejected. Late receipt of EMD on any account shall also be treated as invalid and
tender will not be opened. EMD will be released after finalization of the tender for which
no interest will be paid. EMD is not convertible to ISD.
As per MSME ACT 2006 or (Erstwhile NSIC Registered parties), Central/State PSUs and
JVs of IOCL are exempted from the EMD for this tender. The party should upload the
document towards exemption claim along with completed e-tender document.
5.0
PRE-BID MEETING:
Conditional offers are liable for rejection. However tenderers are requested to get any
clarification, if required, during Pre-Bid Meeting. The points to be clarified during pre-bid
meeting may please be conveyed to Indianoil at-least two working days prior to
scheduled day of meeting through email. This is with a view to have structured discussion
with proper focus on issues. Please also note that after the clarifications, if any, are given
in pre bid meeting, no further deviation shall be permitted and all decisions taken by
Indianoil in pre-bid meeting shall be binding on all bidders. All are requested to attend
pre-bid meeting. The Pre-Bid meeting minutes shall be uploaded in the e-tender portal
and form part of the tender document which is binding for all bidders.
6.0
OPENING OF TENDER:
Technical Bid will be opened on the date as mentioned in the Notice Inviting Tender. If
the date of opening of the tender happens to be a Bandh or Holiday, the tender will be
opened on the next working day.
7.0
VERIFICATION OF DOCUMENTS:
The bidders are required to report with all original documents pertaining to qualifying
parameters and other documents for verification with documents submitted along-with
tender, in our office as per schedule given in Notice Inviting e-Tender. No separate
communication will be made in this regard. Failure on the part of the tenderer to report
on specified date and time may result in rejection of the tender submitted, without
further communication.
Canvassing of information or submission of forged or false documents / information
by any Tenderer shall make their offer invalid. Further, action shall also be taken by
Indianoil for forfeiture of their EMD/SD as well as putting the Party on Holiday list.
Notwithstanding any other condition/ provision in the tender documents, in case of
ambiguity or incomplete documents pertaining to PQC, bidders shall be given only one
opportunity with a fixed deadline after bid opening to provide a complete & unambiguous
document in support of meeting the PQ criteria. In case the bidder fails to submit any
document or submits incomplete documents within the given time, the bidders will be
rejected.
It also be noted that all communication related to the queries against the single chance
will be given through in e-tender website only & Vendor has to reply the same through eTender website only.
8.0
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TECHNICAL QUALIFICATION:
A tenderer shall be considered technically qualified based on meeting qualifying
parameters and after verification of the same with respective original documents as
stipulated above. IOC reserves the right to verify the credentials towards value of work
executed at a later date from the order issuing authority. In the event, document
submitted by the tenderer is found to be forged or incorrect, the selection of such
tenderer shall be terminated and EMD or SD submitted shall be forfeited. Such tenderer is
also liable to be put on Holiday List by IOC.
9.0
QUOTING OF RATES:
Tenderer shall have to quote a percentage above / below / at par (Zero percent) / Not
Quoted, over the rates indicated in the price schedule & same shall be applicable
uniformly to all items i.e. they should give their price against the total price of the
schedule of works.
The quoted price shall be inclusive of all taxes & duties exclusive of Service Tax. Service
tax shall be paid extra. The bidder shall bear all costs associated with their bid
including costs and expenses relating to the visits to the site etc and IOCL will in no
case be liable for these costs regardless of the outcome of the bidding process.
Once the quotation is accepted and the work order is placed on the successful tenderer,
the rates shall remain firm till the completion of works in all respects and no escalation
whatsoever will be entertained on any grounds. No variation or reimbursement shall be
entertained due to revisions in statutory tax or levies except service tax imposed by the
Governments of State or Centre. Any change in the rate of service tax will be borne by
IOC.
10.0
VALIDITY OF TENDER:
The offers shall be valid for a period of 120 days from the date of opening of technical
bid. No revision of rates will be accepted after opening of the tender unless asked for by
the Corporation in writing.
11.0
12.0
SELECTION CRITERIA :
After technical qualification of tenderers, price bid of technically qualified parties will be
opened. Comparative statement of technically qualified tenderers will be prepared and
they will be arranged from lowest bidder to the highest bidder. The lowest acceptable
rate will be arrived at by IOC, with or without negotiation, as the case may be,
after following the Corporation procedure in vogue. In case there is more than one
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party quoting the same rate, the party having highest declared turnover (declared
through audited accounts) of any of the three preceding years (2012-13, 2013-14 and
2014-15) shall get preference.
The entire job shall be awarded to the lowest tenderer. The lowest tenderer shall mean
the techno-commercially qualified L-1 tenderer offering the lowest acceptable rate (with
or without negotiation) after following IOCL guidelines.
13.0
CLARIFICATIONS / NEGOTIATIONS:
Negotiations shall not be conducted as a matter of routine. However Corporation reserves
the right to conduct negotiations and Tenderers will have to attend the office of the
Corporation for negotiations/ clarifications required in respect of their quotations without
any commitment on the part of the Corporation. The bidder shall bear all expenses for
attending meeting for negotiation at our office.
No suo-moto reduction in price quoted by bidder shall be permitted after opening of the
bids. If any bidder unilaterally reduces the prices quoted by them in their quotation after
opening of bids, the bid of such bidder will be summarily rejected.
14.0
COMPLETION TIME:
The entire job will have to be completed within period stated above in NIT.
15.0
SECURITY DEPOSIT:
Successful bidder shall have to submit Security Deposit within 15 days after issuance of
Letter of Intent / LOA. Security Deposit shall be 10% of contact value which can be given
in any one of the following mode:
a)
b)
c)
d)
e)
Initial SD: Out of total security deposit, 25% shall be paid by Pay Order / DD /
Bankers Cheque on scheduled / nationalized bank in favour of the Indian Oil
Corporation Limited (MD) payable at Kolkata immediately on issuance of LOI and
the balance 75% of the security deposit shall be recovered from the R/A Bill @ 10%
of the value of bill till the total amount of the security deposit is recovered.
Entire SD amount may be paid by Pay Order or DD or Bankers Cheque on
scheduled / nationalized bank in favour of the Indian Oil Corporation Limited (MD)
payable at Kolkata.
Alternatively, by way of Bank Guarantee (BG) for the entire amount of Security
Deposit executed by nationalized / scheduled bank to be submitted before the
commencement of works, provided the amount covered by any such Bank
Guarantee is not less than Rs 1.0 Lac. The Bank Guarantee shall be valid for a
period of 15 months from the expected date of completion of work. The BG should
be sent directly by the banker under their covering letter to the office of the
Corporation by Regd. Post/courier. (Format of BG for SD enclosed in Tender
documents).
Option of one the above methods once exercised should under no circumstances be
changed later on.
EMD is not convertible to ISD
The security deposit will be released after warranty period of 24 months from the date of
completion of work provided no defects are noticed in the work during this period. No
interest will be allowed on security deposit.
16.0
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17.0
EXECUTION OF AGREEMENT:
On acceptance of the quotation, the successful contractor will have to execute an
agreement with the corporation covering all aspects of the contract in standard form,
immediately before commencement of the works. The intending tenderers should
acquaint themselves with the provisions of standard agreement prior to quoting.
18.0
POWER OF ATTORNEY:
When the party signing the agreement is not the sole proprietor, necessary power of
attorney authorising the person who is acting on behalf of the firm should be produced
before execution of the agreement.
19.0
EXECUTION OF WORKS:
On receipt of the work order and before starting the work, the contractor shall submit a
detailed construction programme (PERT/ MS PROJECT) chart adhering to the completion
time quoted in the work order. The program thus submitted shall form a part of the
contract and shall be binding on the contractor. However, the corporation reserves the
right to alter the programme if necessary. No claim whatsoever of the contractor on this
account will be entertained.
20.0
MATERIALS/ EQUIPMENTS:
All materials required for execution of work must be got approved by our site
representative before they are brought to the site and also before being actually put to
use. All facilities for prior inspection of materials and subsequent inspection of work by
our site engineer must be made available.
21.0
a)
Any material brought without prior approval will be entirely at the risk and cost of the
contractor.
b)
If contractor brings defective/ sub standard materials to site, it shall be the responsibility
of the contractor for the removal and disposal of the same at his cost. The corporation
shall not entertain any claim from the contractor in this account in case the contractor
fails to remove such materials within 15 days after issuing notice in writing to the
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contractor. Corporation reserves the right to dispose such materials at the entire risk and
cost of the contractor.
c)
Work order quantities are approximate and payment shall be made as per actual
measurements. The contractor is not entitled to for any sort of compensation towards
materials procured/ stored in excess of the measured quantity if any.
d)
Excess quantities over and above that mentioned in the work order or extra items or
deviation in work order should not be carried out by the contractor unless he has been
asked to do so in writing and if carried out without such written approval, the same will
be at risk and cost of the contractor.
e)
Detailed measurement of works carried out shall be jointly taken by the contractor and
our site engineer at every stage of work before proceeding to the next stage as per
relevant clauses of GCC.
f)
Entire works shall be carried out under the supervision of the authorized representative of
the corporation.
22.0
PROCUREMENT OF MATERIALS:
It shall be contractors responsibility for procurement of all materials/ equipment etc.
from the approved vendors for various materials as per the schedule of works and no
delay due to non-availability of any materials/ equipments will be entertained by the
corporation.
23.0
24.0
25.0
STORAGE SPACE:
No covered space shall be released for storage/ stacking of contractors materials. The
contractor shall make his own arrangement for the same.
26.0
METHOD OF WORK:
As stated in the general conditions of contract, the contractor shall carry out works as per
directions in the work order. The contractor shall not undertake on his own any change in
the specifications mentioned in the tender documents and work order. In case of doubt,
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the contractor will refer the matter in writing and the contractor shall carry out the item
of work as per clarifications given. In case of delay in getting such clarifications, the
contractor will not be entitled for any claim on any account of idling of their labourers,
machinery etc. In case the contractor carries out the work as per his own specifications
not acceptable to the corporation in such cases, the same will be required to be redone
as per the specifications given by the corporation at the contractors risk and cost. In case
of failure to re-do the work by the contractor, the corporation reserves the right to get it
done through any other agency entirely at the risk and cost of the contractor.
27.0
CORPORATIONS RIGHT:
The corporation reserves the right to increase/ decrease the tendered quantity of any or
every item and delete any item at any stage of work at the accepted rates. The
contractors claim for compensation or damages on account of these shall not be
entertained.
28.0
REVISIONS:
The Corporation reserves the right to revise the specifications, drawings and designs at
any stage of work. Such deviations shall be adjusted at the rates already contained in the
work order or at the prevailing market rates, if the rates are not available in the work
order.
29.0
MEASUREMENTS:
All works shall be measured as per the procedure laid down in relevant BIS standards
(latest edition)/ GCC and final payment shall be as per the measured quantities and not
as per work order quantities.
30.0
31.0
32.0
SUBMISSION OF BILLS:
In addition to the corporations measurement / bills proforma, the contractor will need to
submit Tax Invoice for each RA and final as per Rule 4A containing following details:
(a) Invoice/bill/challan should be signed by the person authorized to sign
(b) Invoice /Bill/ Challan should be serially numbered
(c) Invoice to contain name address and the registration number of service provider
(d) Invoice to contain name and address of service receiver
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(e) Invoice to contain description, classification and value of taxable service provided
(f) Service Tax to be mentioned separately
33.0
CANCELLATION OF ORDER:
If the performance of the successful contractor is found to be unsatisfactory, the
corporation reserves the right to cancel in part or whole of the contract and gets the work
executed through alternate means at the entire risk and cost of the contractor on whom
the order was first placed. In such cases, the contractor should make good all losses that
the corporation may suffer due to this.
34.0
ABANDONMENT OF WORK:
In case the contractor abandons the work in spite of our notice, the corporation shall
issue the final notice to the contractor to remain present at site for taking final
measurements and in case the contractor does not report at site on due date and time as
per the Corporations notice, the corporations representative will take unilateral
measurements of abandoned work which will be binding on the contractor and the
balance work will be carried out by any agency appointed by the corporation at the entire
risk and cost of the contractor.
35.0
36.0
37.0
CERTIFICATION OF WORKS:
It will the responsibility of the contractor to get the works approved and obtain certificate
for all plumbing and electrical work from the local municipal/ other government/ required
authorities.
38.0
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39.0
40.0
41.0
42.0
EMPLOYMENT OF APPRENTICES:
The contractor shall during the currency of contract when called upon by the engineer-incharge, engage and also ensure engagement by sub-contractors and others employed by
the contractor in connection with the works, such number of apprentices in the categories
mentioned in the act and for such periods as may be required by the engineer-in-charge.
The contractor shall train them as required under apprentices act 1961 and the rules
made there-under and shall be responsible for all obligations of the employer under the
said act including the liability to make payment to apprentices, as required under the said
act.
43.0
OMISSIONS/ DELETIONS:
Any omission/ deletion noticed in the terms without the prior approval of the corporation
shall result in rejection of the contractors claim for payment of these items.
44.0
COMPLETION OF CONTRACT:
Acceptance of a facility(s) by the corporation does not constitute final completion of the
contract. The contract shall be deemed to be executed in full and final measurement
certified only when the contractor has fully discharged all obligations in terms of all
contract documents.
45.0
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SUBMISSION OF DECLARATION:
The tenderer is required to state whether he is a relative of any director of our
corporation or the tenderer is a firm in which Director of our corporation or his relative is
a partner or is any other partner of such a firm or alternatively the tenderer is a private
company in which Director of our corporation is a member of director.
The contractor shall submit declarations A, B, C and D as applicable (attached herewith)
while submitting the quotation, duly completed in all respects.
46.0
47.0
SAFETY:
If the work is required to be carried out in petroleum storage and distribution
establishment, the contractor should ensure that day to day operations, safety and
security of the location are not affected in any way on account of the works being carried
out. In case of any damage to our properties due to the negligence on the part of the
contractor or their workmen, the contractor will be held responsible and liquidated
damages as assessed by the corporation would be recover from them.
When hot works are involved, the following safety precautions have to be strictly
observed before commencement of works:
a)
All hot works operations should be carried out under the supervision of our
representative and also under the supervision of responsible representative of the
contractor.
b)
All hot work operations should be undertaken only after issue of hot work permits
by the location in charge on day to day basis.
c)
It should be ensured that the tanks, pipes, containers where the hot work is
required are gas freed and properly checked to this effect with explosive meters.
d)
It should be ensured that the surrounding area is free from oil, rags, oil spillage and
other sources of ignition and the area is cleaned/ sprinkled with sand or dry earth.
It should also be ensured that metallic trays filled with DCP powder are kept for
collecting the welding arc/ hot metal cutting.
e)
Hot work should commence only after positioning the portable fire extinguishers
and sand/ dry powder in readiness at site and hydrant system made available at the
nearest point.
f)
Match boxes, lighters etc used for hot work should be kept in the custody of the
supervisor only.
g)
h)
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If hot work has to be carried out in a place close to storage tanks or any other
facility under operation, it is necessary to provide screen wall made of AC sheets to
segregate the area to prevent sparks traveling to the hazardous area.
It should be ensured that no workmen carry match boxes or any other source of
ignition with them while entering the premises or inside the premises. After the hot
work operation of the day, the following precaution should be taken.
(i)
Welding sets should be switched off and power mains disconnected. If the
connection is taken from a temporary switch board the fuse carriers should be
removed and handed over to the supervisor.
(ii) Gas cylinder and the cutting sets should be properly closed and the
equipment removed to a safe place.
(iii) The site of work should be examined to ensure that it is free from hot
splatters and any other source of ignition.
(iv) All the work men of the contractors should be moved out of the premises.
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GENERAL :
1.0
Special conditions of contract shall be read in conjunction with the General conditions
of contract, Schedule of Rates, specifications of work, drawings and any other
documents forming part of this contract wherever the context so requires.
1.1
Notwithstanding the sub divisions of the tender document into several sections and
volumes, every part of each shall be deemed to be supplementary of every other part and
shall be read with and into the contract so far as it may be practicable to do so.
1.2
Wherever it is stated anywhere in this Tender document that such and such a supply is to
be effected or such and such a work is to be carried out, it shall be understood 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 otherwise explicit from the context.
1.3
The materials, design and workmanship shall satisfy the relevant Indian Standards, the
job specifications contained herein & codes referred to. Where the job specifications
stipulate requirements in addition to those contained in the Standard Codes and
specifications, these additional requirements shall also be satisfied.
1.4
In the absence of any standard /specification /codes of practice for detailed specifications
covering any part of the work covered in this tender document, the instruction/directions
of Engineer-In-charge will be binding on the contractor.
1.5
The schedule of Rates shall be read in conjunction with materials & job specifications &
in case of any irreconcilable conflict between them, provision in the item under Schedule
of Rates/Quantities will override corresponding provision only of the material and job
specifications, which cannot be reconciled. In such cases, the decision of the Engineerin-Charge shall be final and binding on the contractor.
1.6
The contractor shall at his own expense and risk arrange land for accommodation of
labour, setting up of office, the storage of materials, erection of temporary workshops,
construction of approach roads to the site of the work including land required for carrying
out of all jobs connected with the completion of the work. However, the departmental land,
to the extent available may be allowed to be used for the purpose free of rent without
accepting any responsibility for the delay, if any, on this account. The contractor shall
have to abide by the regulations of the authorities concerned and the directions of the
Engineer-in-charge for the use of the land available at the site of work. If during
construction it becomes necessary to remove or shift the stored materials shed workshop,
access roads, etc. to facilitate execution of any other work by any other agency, the
contractor shall do as directed by the consultant or site engineer /Engineer-in-charge and
no claim whatsoever, shall be entertained on this account.
1.7
The contractor shall have to make approaches to the site, if so required and keep them in
good condition for transportation of labour and materials as well as inspection of works by
the consultant or by site engineer /Engineer-in-charge. Nothing extra shall be paid on this
account.
1.8
The contractor shall be responsible for the true and proper setting out of the work in
coordination with the Engineer-in-charge or his authorized representatives and for the
correctness of the positions, levels, dimensions and alignments of all parts of the structure
and for the provisions of all necessary instruments appliances and labour in connection
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therewith. If at any time, during the progress of work, any error appears or arises in the
position, levels, dimensions or alignment of any part of the work, the contractor on being
asked to do so by the consultant / site engineer / Engineer-in-charge, shall rectify such
error to the entire satisfaction of site engineer/ consultant/ Engineer-in-charge. The
checking by the Engineer-in charge or his authorized representative shall not relieve the
contractor of his responsibility for the correctness of any setting out of any line or level.
The contractor shall carefully protect and preserve all bench marks pegs and pillars
provided for the setting out of works.
1.9
The contractor shall at his own cost, submit samples of all materials sufficiently in
advance and obtain approval of the Engineer-in-charge. Subsequently, the materials to be
used in the actual execution of the work shall strictly conform to the quality of samples
approved by the Engineer-in-charge and nothing extra shall be paid on this account. The
acceptance of any sample or material on inspection shall not be a bar to its subsequent
rejection, if found defective.
1.10
The necessary tests shall be conducted in the laboratory approved by the site engineer/
Engineer-in-charge. The samples for carrying out all or any of the tests shall be collected
by the site engineer /Engineer-in-charge or on his behalf by any other authorized
representatives. The contractor or his authorized representative shall associate himself in
collection, preparation, packing and forwarding of such samples for the prescribed tests
and analysis. In case he or his authorized representative is not present or does not
associate himself, the results of such tests and consequences thereon shall be binding on
the contractor.
1.11
The cost of any /all tests to be borne by the contractor and is considered included in the
item rates and no separate payment will be made.
1.12
The contractor shall make his own arrangement for the water required for execution of
work and get the water tested at his own cost with regard to its suitability for use in the
works and get written approval from the site engineer /Engineer-in-charge before he
proceeds with the use of same for execution of work. Nothing extra shall be paid to the
contractor on this account.
1.13
1.14
The work shall be carried out in the manner complying in all respects with the requirement
of relevant rules and regulations of the local bodies under the jurisdiction of which the
work is to be executed and nothing extra shall be paid on this account.
1.15
For completing the work in time, the contractor might be required to work in two or more
shifts and no claims whatsoever shall be entertainment on this account, notwithstanding
the fact that the contractor will have to pay to the labourers and other staff engaged
directly or indirectly on the work according to the provisions of the labour regulations and
the agreement entered upon and/ or extra amount for any other reasons.
1.16
No payment will be made to the contractor for damage caused by rain, floods and other
natural calamities whatsoever during the execution of the works and any damage to the
work on this account shall have to be made good by the contractor at his own cost and
nothing whatsoever shall be paid on this account.
1.17
The rates for all items of works, unless clearly specified otherwise, shall include the cost
of all labour materials, de-watering and other inputs involved in the execution of the items.
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1.18
No claim whatsoever for idle labour, additional establishments, costs of hire and labour
charges for tools and plants etc. would be entertained under any circumstances.
1.19
For the safety of all labour directly or indirectly employed in the work for the performance
of the contractors part of this agreement, the contractors shall, in addition to the
provisions of CPWD safety code / contract labour regulation act and directions of the site
engineer / Engineer-in-charge make all arrangements to provide facility as per the
provisions of Indian Standard Specifications (Codes) listed below and nothing extra shall
be paid on this account.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
IS 3696 Part I
IS 3696 Part II
IS 764
IS 4081
IS 4138
IS 7293
IS 7969
1.20
Royalty at the prevalent rates and all other incidental expenditure shall have to be paid by
the contractor, on all the boulders, metal single, earth, sand, bajri, etc. collected by him for
the execution of the work direct to the concerned Revenue Authority of the State or
General Government and the amount paid shall not be reimbursed in any form
whatsoever.
1.21
In case there is a contradiction anywhere mentioned in the tender document, the decision
of site engineer / Engineer-in-charge shall be final & binding on the contractor.
1.22
The contractor shall leave such holes, opening etc. as may be required for the electric
and sanitary work and nothing extra shall be paid to the contractor on this account.
1.23
For cutting of holes in RCC walls, floors and chajjas etc, the tendered rate shall include
the cost of cutting holes wherever required and making good the same and nothing extra
shall be paid for this.
1.24
The contractor shall ensure that the sand arrangement by him satisfies the requirement of
grading as per Zone II for concreting and Zone IV for plastering. The site engineer
/consultant /Engineer-in-charge should also ensure the grading requirement before
allowing the same in construction work.
1.25
The contractor shall maintain temporary/ permanent benchmarks at the site of work after
carrying out the initial layout. These benchmarks shall be got checked by the site
engineer/ consultant /Engineer-in-charge or his authorized representative. The work at
different stages shall be checked with reference to permanent/temporary bench marks
maintained for said purpose. Nothing extra shall be paid for above and cost of layout at all
stages including construction/ maintenance of said bench marks shall be deemed to be
included in the rate.
1.26
The contractor shall keep himself fully informed of all acts laws of the Central and
Andaman & Nicobar Administration all local laws, ordinances, rules and regulations and
all orders, decrees of courts or tribunals having any jurisdiction or authority which in any
manner affect those engaged or employed on the work or which in any way affect the
execution of the works. Contractors shall at all times, observe and comply with all such
laws, ordinance, rules, regulations, orders and decrees of courts, and shall give all notices
and payment of his own money any fees or charges to which he may be liable. He shall
protect and indemnify the department and its officers and employees against any claim or
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liability arising out of violations of any such law ordinance, legislations order or decree,
whether by himself or by his employees & authorized representatives.
1.27
2.0
2.1
Earnest Money Deposit (EMD) may be submitted online using the guidelines provided in
the e-tendering portal. For physical off-line submission EMD is to be paid by CTS 2010
standardized DD/ Pay Order in the favour of Indian Oil Corporation Limited payable at
Kolkata.
2.2
Tenders received without EMD shall be rejected outright. Central/ State PSUs / JVs of
IOC and Parties covered under MSMED Act, 2006 (or erstwhile NSIC registered parties)
are exempted from making EMD. The bidder, if a Micro, Small or medium enterprise as
per Micro, Small & Medium Enterprises Development Act, 2006 (MSMED Act 2006) and
registered with the Authorities under the above Act for the items / services covered under
this tender, shall be required to indicate the Entrepreneurs Memorandum Number
(Twelve Digit) and enclose a copy of the certificate issued by the Authority under the
MSMED Act failing which the tenderer will stand disqualified from the tendering process.
2.3
EMD of unsuccessful tenderers in the technical bid shall be returned after finalization of
technical bid and The EMD of unsuccessful tenderers in the price bid shall be returned
after finalization of tender. EMD will not carry any interest.
3.0
COMPLETION TIME:
3.1
Entire work should be completed in a duration of as mentioned in NIT from the date of
handing over the site failing which price adjustment for delay in completion shall be made
as per clause 4.4.0.0, section 4 of GCC. This will be in addition to and without prejudice
to the other rights available to the Corporation under the said GCC. Time for all works
contained in the schedule of works will commence concurrently.
4.0
VALIDITY OF TENDER:
4.1
The tender will be valid for a period of 04 (four) months (120 days) from the date of
opening the tender which will be taken as the date of opening of techno-commercial bid
in case of two bid system of tenders.
5.0
SECURITY DEPOSIT:
5.1
The successful tenderer shall pay security deposit up on placement of work order
equivalent to 10% of the work order value in line with clause no 2.1.1.0, Section-2 of the
GCC.
6.0
The tenderers must note that the rates and amount indicated in the schedule of works
shall be applicable for all leads and lifts and reach involved. The Corporation also reserves
the right to operate or not operate or partly operate any item mentioned in the schedule.
The rates quoted for all items below the ground level shall be inclusive of adequate
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shoring, shuttering, bailing out sub soil water (if found necessary) etc complete. The
successful tenderer shall be responsible for implementation of all precautionary measures
for ensuring safety for all materials and labor till such time the work is completed in all
respects and handed over to the Corporation.
7.0
The Corporation reserves the right to accept any tender in whole or in part and reject any
or all tenders without assigning any reasons. The Corporation reserves the right to accept
more tenders in part. Decision of the Corporation in this regard will be final.
8.0
Any additional work that may become necessary during course of execution of works as
authorized by our site in charge shall be immediately got approved prior to taking up the
work duly forwarding the details, nature of works etc as per relevant clause of the GCC.
9.0
In case the contractor fails to adhere to the time limit specified above or if the rate of
progress is considered not satisfactory, the Corporation will be at liberty to terminate the
contract and get the same executed by any other agency entirely at the cost and risk of
the original contractor and in line with provisions available under the GCC.
11.0
LOCATION OF SITE:
11.1
Work site is at Port Housing Colony, Buniyadabad, Port Blair, Andaman &
Nicobar Islands.
11.2
Tenderers are requested to inspect the location of site and ascertain themselves with the
site conditions, approach, power, water, lead etc. prior to quoting the rates.
The contractor shall arrange water/procure water required for the work at his own cost
for all leads and lifts. IOCL shall not be responsible for supplying water and Contractor
shall ensure timely and adequate supply of water to meet the schedule.
The contractor shall make his own arrangement for power required for the work at his
cost. DG set of suitable capacity may be installed and operated by the contractor at his
cost. IOCL shall not be responsible for power supply and contractor shall ensure proper
supply of electricity to meet the schedule. The electrical works shall be carried out
through Licensed Electrical personnel only.
13.2
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In case, electrical power is given by the Corporation at its discretion then, the electrical
charges incurred on monthly basis shall be deducted from the bills payable to the
contractors as per the prevailing tariff indicated in the electricity bills. The successful
contractor shall make all arrangements to draw power from a single point in the depot as
per directions at site including all necessary electrical cables, panel boards, energy meters
etc. In such an event, the Corporation shall not be responsible for any power outages
occurring during the contract period. However, the tenderers may note that there is no
commitment on part of the Corporation to provide electrical power at site.
14.2
IOCL reserves the right to select the best make of materials to be procured by the
contractors & contractor shall procure the same only after the approval by site in charge.
15.0
Once the offer is accepted and agreement executed, the rates shall be valid till the
completion of works in all respects and no escalation whatsoever will be entertained on
any grounds.
16.2
The tenderers are advised to inspect the site and ascertain the site conditions including
all leads and lifts involved prior to submitting the rates.
16.3
The following statutory requirements are also required governing the work execution.
These requirements shall not be the mandatory consideration for evaluation of the bids
but are useful for meeting their statutory requirements.
17.2
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17.3
It is mandatory that the parties have service tax registration from Central Excise
Department, Ministry of Finance, Government of India. The applications for having
applied for Service Tax Registration by due date of the tender by the parties not
possessing Service Tax Registration especially those hailing from the state of J&K where
the service tax is not applicable, shall be considered. Such parties shall have to submit
the copy of service tax registration certificate to IOC immediately on issuance of same by
the Service Tax Authorities. It may be noted that in no case, the payment shall be
released without Service Tax Registration Number.
17.4
TIN/VAT
17.5
It is mandatory for bidders to have TIN. If bidders do not have TIN of West Bengal where
the work is to be carried out, same shall be obtained within six (6) weeks from the date
of award of work. In no case, the payment shall be released without TIN of the West
Bengal where work is executed.
17.6
17.7
Parties should have valid permanent account number (PAN) under the income tax laws.
The Contractors who are working in the establishments through Contract Labour shall be
fully responsible for observance of all rules and regulations as per the Contract Labour
(Regulation and Abolition) Act 1971 and obtain a licence from the Assistant Labour
Commissioner concerned and produce the same to IOCL. In this connection, tenderers
shall abide by all the conditions of Appendix I and Appendix II enclosed with the GCC.
The Principal Employer certificate shall be given on written request from contractor.
19.0
PF REGISTRATION:
19.1
The tenderers shall indicate his/ their PF code number in the Statement of Credentials
enclosed with the tender along with PF registration certificate. The successful tenderers
shall abide by all the requirements of PF Rules & regulations and submit copies of all
registers/ returns etc. filed by them before the Corporation as and when required.
The tenderers shall indicate his/ their ESIC code number in the Statement of Credentials
enclosed with the tender along with ESIC registration certificate. The successful tenderers
shall abide by all the requirements of ESIC Rules & regulations and submit copies of all
registers/ returns etc. filed by them before the Corporation as and when required.
All the payment for quantities certified in the running account/ final bill shall be as per the
details recorded in the standard measurement book of the Corporation and jointly signed
by the Contractor/ site engineer of IOC.
21.1
Method of measurement shall be strictly in accordance with the technical specification for
this work.
21.2
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The payment shall be as per the details entered in the standard Measurement Certificate
bills of the Corporation.
22.2
On Account Bills shall be paid for the work done, measured and certified. Payment shall
be effected as per following.
(i) Up to 90% of the item rate quoted based on progressive completion of work in the
R/A bill.
(ii) Balance 10% of the item rate quoted after completion of all works and in final bill.
22.3
In case sub contractors are engaged by the successful tenderer with prior permission
from IOCL on award of works, it will be mandatory on part of the main contractor to
furnish a NO DUE UNDERTAKING from the sub contractor (on their letter heads) to IOCL
before final payments are cleared by the Corporation.
24.0
24.1
The contractual price payable shall be subject to adjustment by way of discount if the
units are mechanically completed or the contract works are finally completed subsequent
to the date of mechanical completion/ final completion specified and as per provisions
indicated in clause 4.4.0.0, Performance of work, Section 4 of GCC.
SPECIAL CLAUSE :
The contractor is required to take necessary care to protect to the existing nearby
structure while carrying out his scope of work. Any damage caused to other property
shall be rectified at his own cost.
25.0 INCOME TAX, SALES TAX , WORKS CONTRACT TAX & SERVICE TAX:
25.1
The contractor shall take note that rates quoted shall be inclusive of all taxes, statutory
levies, Royalty, Income tax, sales tax, works contract taxes, transportation etc. exclusive
of Service Tax. IOCL shall not entertain any request for payment of any taxes/levies
separately. Service Tax as per applicable rate (on total cost to company basis, in case of
reverse charge mechanism) will be added to the quoted rate to arrive at the contract
value. The contract value may undergo change in case there is change in rate of service
tax as per statutory notification during the contract period. The present rate of service tax
under works contract is 5.6%.
25.2
Wherever taxes are charged on IOCL, the contractor shall provide Tax Invoice to IOCL to
enable it to avail tax benefits and all RA/Final Bills shall be accompanied by a valid Tax
invoice with but not restricted to the following details:
a) Invoice/bill/challan should be signed by the person authorized to sign such
invoice/bill/challan
b) Invoice /Bill/ Challan should be serially numbered
c) Invoice to contain name address and the registration number of service provider
d) Invoice to contain name and address of service receiver
e) Invoice to contain description, classification and value of taxable service provided
f) Service tax to be mentioned separately
26.0
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25.1
The Contractor shall carry out the various tests as enumerated in the technical
specifications of this tender document and the technical documents that will be furnished
to him during the performance of the work and no separate payment shall be made
unless otherwise specified in schedule of rates.
25.2
All the tests either on the field or at outside laboratories concerning the execution of the
work and supply of materials by the Contractor shall be carried out by Contractor at his
own cost.
25.3
The work is subject to inspection at all times by the Site Engineer/ Engineer-in-Charge/
representatives nominated by IOCL. The Contractor shall carry out all instructions given
during inspection and shall ensure that the work is being carried out according to the
technical documents and the relevant codes of practice furnished to him during the
performance of the work.
25.4
Any work not conforming to the execution drawings, specifications or codes shall be
rejected forthwith and the contractor shall carry out the rectifications at his own cost.
25.5
All results of inspection & tests will be recorded in the inspection reports, proforma, which
will be approved by the Site Engineer/ Engineer-in-Charge. These reports shall form part
of the completion documents.
25.6
Inspection & acceptance of works shall not absolve the Contractor from any of his
responsibilities under this Contract.
27.0
27.1
28.0
28.1
Bill of quantities is approximate and payment shall be made as per actual certified
measurements. The contractor is not entitled for any sort of compensation towards
excess materials procured / stored.
28.2
After the placement of the order the successful tenderer shall not be allowed to sublet or
assign any part of the work order without Corporations prior written consent.
29.0
29.1
29.2
The Contractor shall take care for cleaning the working site from time to time for easy
access to work site and also from safety point of view.
29.3
Working site should be always kept cleared up to the entire satisfaction of the Engineerin-Charge. Before handing over any work to owner, the contractor in addition to other
formalities to be observed as detailed in the document, shall clear the site to the entire
satisfaction of Engineer-in-Charge.
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30.2
Any changes required during and/or after approval for detailed construction drawings
due
to functional requirements or for efficient running of system keeping the basic
parameters unchanged and which has not been indicated by the Contractor in the data /
drawings furnished along with the offer, will be carried out by the contractor at no extra
cost to the owner.
30.3
30.4
30.5
Preparing approaches and working area for movement and operation of the cranes,
levelling the areas for assembly and erection shall also be the responsibility of the
Contractor. The Contractor shall acquaint himself with access availability, facilities such
as railway siding, local labour etc., to provide suitable allowances in his quotation. The
Contractor, at his own cost, may have to build temporary access roads to aid his own
work which shall also be taken care while quoting for the work
30.6
The procurement and supply in sequence and at the appropriate time of all materials &
consumables shall be entirely the Contractors responsibility. Rates for execution of work
will be inclusive of supply of all these items.
31.0
31.1
Contractor shall have to take all safety precaution for carrying out hot work in the
premises after obtaining hot work permit from location in charge at his own cost as
directed by the Engineer-In-Charge. Necessary safety equipment such as safety belts,
helmets and other equipments are to be positioned by the contractor and use as per
requirement.
Safety distance as per CCE Rules & Oil Industry Safety Directorate shall be maintained
strictly.
Any casualty or damage caused to property or person by any untoward incidents while
executing this contract will be at the contractors risk and cost.
The contractor shall also abide by hot work permits to be taken on day to day basis from
the location as per policy of the Corporation.
The successful tenderer shall be responsible for observance of all conditions as per
Appendix III furnished along with GCC with regard to safety.
31.2
31.3
31.4
31.5
CONTRACTOR shall as a part of his obligation sign an agreement for secrecy of the
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drawings / documents with IOC. CONTRACTOR, hereby, expressly undertake to keep all
the drawings/documents as well as other Technical information given in the CONTRACTDOCUMENT secret and shall not divulge or leak or otherwise cause to be known to the
competitors or others having any interest in such process in anyway the contents in
any form, shape or method.
33.0
In case any land is made available to the Contractor within the provisions of tender, the
owner shall be entitled (without prejudice to any other mode of recovery), the contractor
shall pay a licence fee @ Rs.20/- (Rupees Twenty Only) per 100 (One Hundred) Sq. mtrs
or part thereof, to be recovered from the running/ final bills of the contractor or any other
payments due to the contractor from time to time as per clause 3.6.4.0 of GCC.
34.0
Following clauses forming part of the GCC issued along with the tender are deleted:
a)
b)
c)
d)
e)
35.0
35.1
In case valid ITCC is not available, tenderers shall submit income tax assessment order
for past 3 years. In case assessment order for any year is not available, acknowledged
copy of Income tax returns shall be enclosed while submitting the offers.
36.0
36.1
The penalty for breach of safety during execution of works shall be levied by the
Corporation as below :
a) Violation of applicable safety, health and environment related norm, a penalty of Rs.
5000/- per occasion.
b) Violation as above resulting in
Any physical injury, a penalty of 0.5% of the contract value (max. of Rs. 2 lacs)
per injury in addition to Rs. 5000/- as mentioned above.
Fatal accident, a penalty of 1% of the contract value (max. of Rs. 10 lacs) per
fatality in addition to Rs. 5000/- as mentioned above.
37.0
ARBITRATION:
37.1
GCC contains provisions for arbitration and alternative dispute resolution machinery under
Section 9, which stands deleted. Further the reference to arbitration and alternative
dispute resolution machinery provision contained in any other term and condition in GCC,
which may be general or special in nature shall also stand deleted to the extent the said
contents are applicable to the arbitration provisions. Court of Jurisdiction in case of any
dispute shall be at Kolkata.
38.0
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manager, QC/QA Engineer and dedicated HSE engineer as per the qualifications tabulated
below. The table stipulates only the minimum qualification of manpower required at site
for the three functions and additional engineers / technical staff shall be positioned based
on the requirements at site at no additional financial implication to IOCL.
Sr.
No.
1.
2.
3.
4.
5.
6.
Nature of
Work
Civil work
including
Structural
and
painting
works
Mechanic
al works
such as
pipeline,
tankage
and other
works
where
NDTs are
mandated
7.
Electrical
Works
Qua
ntum
of
Work
in
Rs./
Lac
50200
200500
>
500
50200
200500
>
500
30100
8.
>10
0
9.
0200
10.
Automatio
n
>20
0
Project
Manager
QC/ QA/
Planning
Engineer
Project
Manager
1 Engineer
with 2 Years
of Experience
1 Engineer
with 4 Years
of Experience
1 Engineer
with 2 Years
of Experience
1 Engineer
with 3 Years
of Experience
1 Engineer
with 1 Year
of Experience
1 Engineer
with 2 Year
of Experience
1 Engineer
with 1 Year
of Experience
1 Engineer
with 2 Year
of Experience
1 Engineer
with 8 Years
of Experience
1 Engineer
with 5 Years
of Experience
1 Engineer
with 3 Year
of Experience
1 Engineer
with 3 Years
of Experience
1 Engineer
with 5 Years
of Experience
1 Engineer
with 2 Years
of Experience
1 Engineer
with 3 Years
of Experience
1 Engineer
with 1 Year
of Experience
1 Engineer
with 2 Year
of Experience
1 Engineer
with 2 Years
of Experience
1 Engineer
with 1 Year
of Experience
HSE
Engineer
30000.00
40000.00
25000.00
20000.00
50000.00
35000.00
25000.00
30000.00
25000.00
20000.00
40000.00
30000.00
25000.00
50000.00
40000.00
30000.00
40000.00
25000.00
20000.00
50000.00
35000.00
25000.00
QC/ QA
Engineer
30000.00
40000.00
25000.00
20000.00
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d)
e)
f)
Work in the battery limit shall be carried out under strict supervision of qualified supervisor
as described in the clause of project management.
Job safety analysis (tool box talk) to be held with the contractors workmen prior to
commencement of the job.
The party has to ensure that personnel working in the Terminal / Plant are fully trained to
handle emergency scenario. Work permit system as per OISD STD-105 (attached in the
tender document) and copy of the work permits t be sent to the designated safety officer
for implementation of safety measures prior to start of the work.
Entry to the Terminal / Plant will be done through biometric / photo identity card though
approved gate passes. Gate passes for men/ material to be issued only on written
application by contractor/ vendor/ service provided by authorized representative.
The mobile phone is not allowed inside the batter area of the Terminal / Plant if, any
contractors found with mobile in battery area it will be viewed seriously and his gate pass
will be cancelled permanently.
Tools and tackles which will be used inside the battery limit will be of non-sparking type.
During usage of old material for the piping, health of the pipes shall be inspected by the
IOCL representative, after proper inspection contactor shall use the pipes for fabrication.
b)
c)
d)
e)
Excavation work should be planned and the method of excavation and the type of support
work required should be decided considering, stability of the ground, effect on adjoining
buildings, structures or roadways, hazard due to underground/nearby gas, water, electrical
and other public utilities.
Sites of excavations should be thoroughly inspected after substantial damage to supports,
after a heavy rain, frost or snow, all excavation work should be supervised. While
excavating trenches exceeding 1.5m depth up to 3.0m safe angle of repose should be
maintained. Based on site conditions, provide proper slope, usually 450 and suitable bench
of 0.5m width at every 1.5m depth of excavation in all soils except hard rock.
Barricade at 1m height (with red & white band/self glowing caution board) should be
provided for excavations.
Necessary precautions should be taken for underground utility lines like cables; sewers etc.
and necessary approvals/clearances from the concerned authorities shall be obtained
before commencement of the excavation job. During rains, the soil becomes loose. Take
additional precaution against collapse of side wall. Water shall be pumped/ bailed out, if
any accumulates in the trench.
Necessary precautions should be taken to prevent entry of surface water in trenches. In
hazardous areas, air should be tested to ascertain its quality. No one should be allowed
entry till it is suitable for breathing.
Use metallic scaffoldings only. Bamboo/wooden scaffolding should not be used. Scaffolds
should be provided with safe means of access, such as stairs, ladders or ramps. Ladders
should be secured against inadvertent movement.
b)
c)
d)
e)
f)
g)
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DISMANTLING
OF STEELPIPES/
Every lifting appliance should be suitable for the operations and not be capable of
accidental disconnection. Structural steel, pipes, loading arm, fittings or prefabricated parts
should be lifted by methods or appliances that prevent them from spinning accidentally.
Lifting hooks should be of the self-closing type or of a safety type and should have the
maximum permissible load marked on them. Lifting appliance should be approved or tested
as per statutory requirement.
Tongs, clamps and other appliances for lifting structural steel and prefabricated parts
should be of such shape and dimensions as to ensure a secure grip and should be marked
with the maximum permissible load.
While structural steel or prefabricated parts are being erected, the workers should be
provided with appliances for guiding them so as to avoid crushing of hands and to facilitate
the operations. Instruction should be given to the workers on the methods, arrangements
and means required for the storage, transport, lifting and erection of structural steel or
prefabricated parts, and, before erection starts, a meeting of all those responsible should
be held to discuss and confirm the requirements for safe erection.
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b)
c)
Review test procedure before allowing testing with water or air or any other fluid. Provide
relief valves of adequate size while testing with air or other gases. Inform all concerned in
advance of the testing. Keep the vents open before opening any valve for filling/draining of
liquid used for hydro testing.
The draining should not exceed the designed rate for pressure testing .Provide separate
gauges of suitable range for pressurizing pump and the equipment to be tested.
Provide gauges at designated locations for monitoring of pressures. Check the calibration of
all pressurizing equipment and accessories and maintain records. Take readings at predefined intervals.
e)
f)
Park vehicles only at designated places. Don't block roads to create hindrance for other
vehicles. Don't overload the vehicle.
Obey speed limits and traffic rules. Always expect the unexpected and be a defensive
driver. Drive carefully during adverse weather and road conditions.
Read the road ahead and ride to the left. Be extra cautious at nights. Keep wind screens
clean and lights in working condition.
All vehicles used for carrying workers and construction materials must undergo
predictive/preventive maintenance and daily checks. Driver with proper valid driving license
shall only be allowed to drive the vehicle. Routes shall be leveled, marked and planned in
such a way so as to avoid potential hazards such as overhead power lines and sloping
ground etc.
While reversing the vehicles, help of another worker should be ensured at all times. An
unattended vehicle should have the engine switched off. Wherever possible one-way
system shall be followed Barriers/fixed stops should be provided for excavation/openings to
prevent fall of vehicle.
Load should be properly secured. The body of the tipper lorry should always be lowered
before driving the vehicle off. Signs/signals/caution boards etc. should be provided on
routes
c)
d)
All radiography jobs shall be carried out as per BARC Safety Regulations. During field
radiography, nearby area around the radiation source should be cordoned off. Entry into
the restricted area by unauthorized persons should be strictly prohibited during exposure.
If the field radiography is to be done at the same location repeatedly, it is advisable to
provide either a wire fencing around or a temporary brick enclosure. Special
permission/permit should be taken for radiography from area-in-charge. As far as possible,
field radiography should be done only during night time when there is little or no
occupancy there. Radiation warning signals should be pasted all along the cordoned off
area.
The radiation level along with the cordon should be monitored by a suitable and wellcalibrated radiation survey meter.
All personnel working with radiography sources should wear appropriate protective
equipment and film badges issued by BARC. Protection facilities such as manipulator rod,
remote handling tongs, lead pots, radiation hazard placards and means of cordon off shall
be available at each site. The radiography source shall never be touched or handled directly
with hands.
e)
f)
g)
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The package containing radiography cameras and sources should never be carried by
public transport like bus, train etc.
Radiography sources and cameras, when not in use, should be stored inside a source pit
with lock and key arrangement as approved by BARC.
The storage room should preferably be located in an isolated area of minimum occupancy
and radiation level outside the storage room should not exceed 0.25 mR/hr as per BARC
Regulations. In case of an accident (due to loss or of damage to radiography source),
action should be taken in line with BARC Safety Rules/Guidelines.
d)
Sand blasting should not be used- only shot blasting should be done for surface cleaning.
Air Compressor used for shot blasting/painting should have guard and positioned away
from the work place.
Exhaust of the prime mover, if IC engine is used, should be directed away from the work
place. In case of motor driven compressor, the body of the motor as well as the
compressor to be properly earthed.
The hoses used for compressed air should be of proper quality, and health of the same to
be ensured through regular check/ test. The operator of shot blasting/painting should wear
suitable PPE's including mask. Adequate measures to be taken to suppress dust/spray
particle.
When these activities are done in confined places, adequate measure to be taken for
proper ventilation
First aid facilities including the first aid trained personnel should be ensured at work sites.
Arrangement should be made for ensuring the medical attention of the injured workers.
Suitable rescue equipment, like stretchers should be kept readily available at the
construction site.
b) First-aid kits or boxes, as appropriate and as per statutory requirements, should be
provided at workplaces and be protected against contamination by dust, moisture etc. Firstaid kit or boxes should not keep anything besides material for first aid in emergencies.
c) First-aid kits and boxes should contain simple and clear instructions to be followed. FA box
should be kept under the charge of a responsible person qualified to render the first aid
and be regularly inspected and stocked. Where the work involves risk of drowning,
asphyxiation or electric shock, first-aid personnel should be proficient in the use of
resuscitation and other life saving techniques and in rescue procedures. Emergency
telephone numbers of nearby Hospitals, Police, Fire Station and Administration should be
prominently displayed.
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D E C L A R A T I O N - `B'
We declare that we do not have any employee who is related to any officer of the Corporation/
Central/ State Governments of India.
OR
We have the following employees working with us who are near relatives of the Officer/ Director
of the Corporation/ Central/ State Government in India.
Name of the employee of the Tenderer
Date :
Place :
Tenderers Signature
Seal
D E C L A R A T I O N - `C'
The Tenderer is required to state whether he is a relative of any Director of Indian Oil
Corporation or the Tenderer is a firm in which any Director of our Corporation or his relative is a
partner or any other partners of such a firm or alternately the Tenderer is a private company in
which Director of Indian Oil Corporation is a member or Director.
S/N
1
2
3
PARTICULARS
Name of the Tenderer and his
relations with the Director in our
Corporation.
Name of the Director of the
Corporation who is related to the
Tenderer.
Name of the Director of the
Corporation who is a member or a
Director of the firm.
Date :
Place :
Tenderers Signature
Seal
DETAILS
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DECLARATION D
Tenderer is required to state whether they have employed any retired Director and above rank
officer of Indian Oil Corporation Limited in their firm. If so, details hereunder to be submitted.
S/N
1
PARTICULARS
Name of the person
Date of retirement
DETAILS
Date :
Place :
Tenderers Signature
Seal
N.B.
a) A separate sheet may be attached, if the above is not sufficient.
b) Strike out whichever is not applicable. If the tenderer employs any person subsequent to
signing the above declaration and the employee/s so appointed happens to be the near
relatives of the Officer/Director of the Corporation/Central/State Governments, the tenderer
should submit another declaration furnishing the name/s of such employee/s who is/are
related to the officer/s of the Corporation/ Central/ State Governments.
c) List of Directors of IOC board is attached.
2.
3.
4.
5.
6.
Shri B.Ashok
Chairman
Indian Oil Corporation Limited
Corporate Office
Plot 3079/3, Sadiq Nagar
J.B.Tito Marg
New Delhi-110 049.
Shri Sanjiv Singh
Director (Refineries)
Indian Oil Corporation Limited
SCOPE Complex Core 2
7, Institutional Area, Lodhi Road
New Delhi 110 003.
7.
8.
Shri B.S.Canth
Director (Marketing)
Indian Oil Corporation Limited
(Marketing Division)
IndianOil Bhavan,
G-9, Ali Yavar Jung Marg, Bandra (East)
Mumbai 400 051.
Shri Ajay P.Sawhney,
Additional Secretary,
Ministry of Petroleum & Natural Gas
Shastri Bhavan
New Delhi 110 001.
Shri Subroto Bagchi
Chairman
Mindtree Ltd.
Global Village, RVCE Post
Mysore Road
Bengaluru-560 059.
Shri Sanjay Kapoor
SCO 3, First Floor, Sector 11,
Panchkula-134 112.
Haryana.
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It is understood that if this declaration is found to be false in any particular, Indian Oil Corporation
Ltd. shall have the right to reject my / our bid, and if the bid has resulted in a contract, the contract
is liable to be terminated without prejudice to any other right or remedy (including black listing or
holiday listing) available to Indian Oil Corporation Ltd.
Place :
Date :
Signature of Bidder:
Name of Signatory:
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I/We have downloaded the entire tender documents from the internet site
https://iocletenders.gov.in and I/we have not tampered / modified the tender forms in any
manner and have uploaded the untampered documents. In case, if the same is found to be
tampered / modified, I / we understand that my / our tender will be summarily rejected and
full earnest money deposit will be forfeited and
I/we am/are liable to be banned
from doing business with and/or prosecuted.
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In consideration of the Indian Oil Corporation Limited having its Registered Office at G- 9
, Ali Yavar Jang Marg , Bandra ( East ) , Mumbai - 400051(hereinafter called The
Corporation ) having agreed to exempt --------------(hereinafter called The said
Contractor (s) / supplier(s) seller(s)) from the demand under the terms and conditions
of an Agreement dated-------------made between ------------------------and the Corporation
for -----------------(hereinafter called The said Agreement), of Security Deposit for the
due fulfillment by the said Contractor(s) / Supplier(s)/ Seller(s) of the terms and
conditions contained in the said agreement, on production of a Bank Guarantee for Rs------------ (Rupees---------only), we-----------------------(hereinafter referred to as The Bank
at the request of ------------------------------------Contractor(s)/ Supplier(s)/ Seller(s) do
hereby undertake to pay to the Corporation an amount not exceeding Rs.----------------against any loss or damage caused to or suffered or would be caused to or suffered by
the Corporation by reason of any breach by the said Contractor(s)/Supplier (s)/ Seller(s),
of any of the terms or conditions contained in the said Agreement.
2.
We -----------(indicate the name of the bank) do hereby undertake to pay the amounts
due and payable under this guarantee without any demur, merely on a demand from the
Corporation stating that the amount claimed is due by way of loss or damage caused to
or would be caused to or suffered by the Corporation by reason of breach by the said
Contractor(s) / Supplier(s) / Seller (s) of any of the terms or conditions contained in the
said Agreement or by reason of the Contractor(s)/Supplier(s) failure to perform the said
Agreement. Any such demand made on the bank shall be conclusive as regards the
amount due and payable by the bank under this guarantee. However, our liability under
this guarantee shall be restricted to an amount not exceeding Rs. ---------------.
3.
4.
5.
6.
We, ------------further agree that the guarantee herein contained shall remain in full force
and effect during the period that would be taken for the performance of the said
Agreement and that it shall continue to be enforceable till all the dues of the Corporation
under or by virtue of the said agreement have been fully paid and its claims satisfied or
discharged or till---------office/ department at-------------------certifies that the terms and
conditions of the said agreement have been fully and properly carried out by the said
Contractor(s) / supplier (s)/ seller(s) and accordingly discharge this guarantee. Unless a
demand or claim under this guarantee is made on us in writing on or before----------we
shall be discharged from all liability under this guarantee thereafter.
We, ----------------(indicate the name of the bank) further agree with the Corporation that
the Corporation shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder to vary any of the terms and conditions of the said
agreement or to extend time of performance by the said Contractor (s) / supplier(s)/
seller(s)from time to time or to postpone for any time or from time to time any of the
powers exercisable by the corporation against the said Contractor(s)/ Supplier(s)/
Seller(s) and to forbear or enforce any of the terms and conditions relating to the said
agreement and shall not be relieved from our liability by reason of any such variation or
7.
8.
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2.
We ---------------(indicate the name of the bank) do hereby undertake to pay the amounts
due and payable under this guarantee without any demur, merely on a demand from the
Indian Oil Corporation Limited stating that the amount claimed is due by way of forfeiture
of earnest money or any loss or damage caused to or suffered or would be caused to or
suffered by the Indian Oil Corporation Limited by reason of breach by the said tenderer
any of the terms or conditions or stipulations contained in the said tender or by reason of
the tenderers failure to perform the stipulations of the said tender. Any such demand
made on the bank shall be conclusive as regards the amount due and payable by the
bank under this guarantee. However, our liability under this guarantee shall be restricted
to an amount not exceeding Rs.--------------
3.
We --------------------(indicate the name of the bank) undertake to pay to the Indian Oil
Corporation Limited any money so demanded notwithstanding any dispute or disputes or
disputes raised by the tenderer in any suit or proceeding pending before any court or
Tribunal or arbitrator relating thereto our liability under this present being absolute and
unequivocal. The payment so made by the bank under this bond shall be a valid
discharge of our liability for payment there under and the tenderer shall have no claim
against us for making such payment.
4.
We ------------------------(indicate the name of the bank) further agree that the guarantee
herein contained shall remain in full force and effect during the period that would be
taken for the performance of the terms, conditions or stipulation of the said tender and
that it shall continue to be enforceable till all the dues of the Indian Oil Corporation
Limited under or by virtue of the said tender/ contract have been fully paid and its claims
satisfied or discharged or till Indian Oil Corporation Limited certifies that the terms and
conditions of the said tender have been fully and properly carried out by the said tender
and accordingly discharge this guarantee. Unless a demand or claim under this guarantee
is made on us in writing on or before -----------we shall be discharged from all liability
under this guarantee thereafter.
5.
We ---------------------(indicate the name of the bank) further agree with the Indian Oil
Corporation Limited that the Indian Oil Corporation Limited shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to
vary any of the terms and conditions of the said tender or to extend time of performance
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by the said tenderer from time to time or to postpone for any time or from time to time
any of the powers exercisable by the Indian Oil Corporation Limited against the said
tenderer and to forbear or enforce any of the terms and conditions relating to the said
tender and shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said tenderer or for any forbearance, act or omission on
the part of Indian Oil Corporation Limited or any Indulgence by the Indian Oil
Corporation Limited to the said tenderer or by any such matter or thing whatsoever which
under the law relating to sureties would, but for this provisions have effect of so relieving
us.
6.
This guarantee will not be discharged due to the change in the constitution of the bank or
the tenderer.
7.
We ---------------- (indicate the name of the bank) lastly undertake not to revoke this
guarantee during its currency except with the previous consent of the Indian Oil
Corporation Limited in writing.
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to recover Provident Fund contribution from the eligible labourers engaged by them and
after adding their own contribution, remit the same to RPFC. The contractors state and
confirm that are fully aware of their obligation remit the said amounts on account of
Provident Fund to the RPFC within the prescribed period and that they have obtained a
separate code number from the Regional Provident Fund Commissioner which is bearing
Sanction No. dated ............... from .......... RPFC.
5. The Contractors will afford all opportunities to the Corporation whenever required to verify
that the Provident Fund is actually deducted by the Contractors from the wages of the
labourers and the same together with the Contractors contribution has been duly remitted
by the Contractors to the concerned P.F. Commissioners. The Contractors also undertake to
provide photocopy of the receipt issued by the concerned P.F. Commissioner for having
received the P.F. contribution from the Contractors.
6. In the event the location in-charge of the Corporation is not satisfied about the payment of
wages made and the recovery of P.F. etc. from the labourers employed by the Contractors,
the Contractors hereby agree and authorize the contractors complete all their obligations.
7. Notwithstanding the provisions contained in clause 6 above, the Corporation hereby
undertake and authorize the Corporation to recover dues payable by the Contractors to the
labourers employed by them as also amounts on account of P.F. contributions (including the
Contractors contribution) as also all losses, damages, costs, charges, expenses, penalties
from their bills and other dues including the security amounts.
8. The Contractors hereby agree, confirm and declare that they have fully complied and will
comply with the provisions of various labour laws, particularly those referred to herein above
and that no violation of the provisions of various amenities and facilities to the workers
under different laws has been done by them and in the events of any past or future violation
of the various labour laws, the contractors shall indemnify and keep the Corporation duly
indemnified against all losses, damages, costs, expenses, penalties, suits or proceeding
which the Corporation may incur, suffer or be put to.
9. The contractors hereby agree that the aforesaid indemnity undertaking are in addition to
and not in substitution of the terms and conditions contained in the tender documents and
the work order and also the Agreement executed by the Contractors with the Corporation.
10. The Contractors hereby confirm, agree and record that these terms of undertaking and
indemnity shall be irrevocable and unconditional and shall be binding on their heirs,
executors, administrators and legal representatives and shall ensure for the Corporations
benefit and for the benefit of its successors and assigns.
Date :
Witness (1)
(Full address)
Witness (2)
(Full address)
Yours faithfully,
Contractors Name and Signatures
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
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4.
5.
6.
7.
8.
9.
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The Contractors state that they are fully aware of the provisions of the Provident Fund Act,
and the rules made thereunder. The Contractors hereby confirm that the said act and the
rules made thereunder are not applicable to them since they have not employed labourers
exceeding ______ at any time and that the labourers so far employed were also not on
continuous basis. The contractors further confirm in this regard that no worker employed by
them is in service for circumstances none of the workers employed by them is eligible for
P.F. benefits under the said Act. The Contractors therefore state that they are exempted
from the purview of the said ACT and the rules made thereunder an they are therefore not
required to obtain a separate code No. from the R.P.F.C.
The Contractors hereby undertake and agree that in event of any claim on account of P.F.
liabilities arising in future, they shall keep the Corporation duly indemnified against all losses,
damages, charges, expenses, penalties, suits or proceedings which the Corporation may
incur, suffer or be put to on that account.
The Contractor hereby agree, confirm and declare that they have fully complied and will
comply with the provisions of various labour laws, particularly those referred to herein above
and that no violation of the provisions of various amenities and facilities to the workers
under different laws has been done by them and in the events of any past or future violation
of the various labour laws the contractors shall indemnify and keep the Corporation duly
indemnified against all losses, damages, costs, expenses, penalties, suits or proceeding
which the Corporation may incur, suffer or be put to.
The Contractor hereby agree that the aforesaid indemnity undertaking are in addition to and
not in substitution of the terms and conditions contained in the tender documents and the
work order and also the Agreement executed by the Contractors with the Corporation.
The Contractors hereby confirm, agree and record that these terms of undertaking and
indemnity shall be irrevocable and unconditional and shall be binding on their heirs,
executors, administrators and legal representatives and shall ensure for the Corporations
benefit and for the benefit of its successors and assigns.
That all questions, issues, disputes and differences between the contractor and the
Corporation arising under this indemnity bond/undertaking shall be referred to arbitration in
the same manner as indicated in the contract dt ________ executed between the
contractors and the Corporation.
Date :
Yours faithfully,
Contractors Name and Signatures
Witness (1)
(Full address)
Witness (2)
(Full address)
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
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FORM OF CONTRACT
(On Rs. 100/- Non-Judicial Stamp Paper)
(This to be executed by the party awarded the contract along with submission of the
Initial Security Deposit prior to commencement of work)
THIS CONTRACT made at Guwahati this _______ day of _______ 2015 ; BETWEEN INDIAN OIL
CORPORATION LTD., a Government of Indian Undertaking registered in India under the Indian
Companies (hereinafter referred to as the OWNER which expression shall include its successors
and assigns) of the One Part; AND _________________________ carrying on business in sole
proprietorship/carrying on business in partnership under the name and style
of________________ a Company registered in India under the Indian Companies Act 1913/1956
having its registered office at _____________ (hereinafter referred to/ as collectively referred to
as the Contractor which expression shall include his/their/its executors, administrators,
representatives and permitted assigns/successors and permitted assign) of the other part:
WHEREAS
The OWNER desires to have executed the work of ____________________________________
______________________________________________________________________________
______________________________________________________________________________
more specifically mentioned and described in the contract documents (hereinafter called the
work which expression shall include all amendments therein and/or modifications thereof) and
has accepted the tender of the CONTRACTOR for the said work.
NOW, THEREFORE. THIS CONTRACT WITNESSETH as follows:
ARTICLE 1
CONTRACT DOCUMENTS
1.1
1.2
This contract;
Tender documents as defined in the General Instructions to Tenderers;
Letter of Acceptance of Tender alongwith Fax/Telegram of Intent.
A copy of each of the Tender Documents is annexed hereto and the said copies have
Been collectively marked Annexure A while a copy of the letter of Acceptance of Tender
alongwith annexures thereto and a copy of Fax/Telegram of Intent dated ____________
are annexed hereto and said copies have been collectively marked as Annexure B.
ARTICLE 2
WORK TO BE PERFORMED
2.1
The CONTRACTOR shall perform the work upon the terms and conditions and Within the
item specified in the Contract documents.
ARTICLE 3
COMPENSATION
3.1
Subject to and upon the terms and conditions contained in the Contract documents the
OWNER shall pay CONTRACTOR compensation as specified in the Contract documents
upon the satisfactory completion of the work and/or otherwise as may be specified in the
Contract documents.
ARTICLE 4
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JURISDICTION
4.1
Notwithstanding any other court or courts having jurisdiction to decide the question(s)
forming the subject matter of the reference if the same had been the subject matter of a
suit, any and all actions and proceedings arising out of or relative to the contract
(including any arbitration in terms thereof) shall lie only in the court of competent civil
jurisdiction in this behalf at ___________________ (where this Contract has been signed
on behalf of the OWNER) 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.
ARTICLE 5
ENTIRE CONTRACT
5.1
The Contract documents mentioned in Article 1 hereof embody the entire Contract
Between the parties hereto, and the parties declare that in entering into this Contract
they do not rely upon any previous representation, whether express or implied and
whether written or oral, or any inducement, understanding or agreements of any kind not
included within the Contract documents and all prior negotiations, representations,
contracts and/or agreements and understandings relative to the work are hereby
cancelled.
ARTICLE 6
NOTICE
6.1
Subject to any provisions in the Contract documents to the contrary, any notice, order or
communication sought to be served by the CONTRACTOR on the OWNER with reference
to the Contract shall be deemed to have been sufficiently served upon the OWNER
(notwithstanding any enabling provisions under any law to the contrary) only if delivered
by hand or by Registered Acknowledgment Due Post to the Engineer-in-Charge as
defined in the General Conditions of Contract.
6.2
Without prejudice to any other mode of service provided for in the Contract Documents
or otherwise available to the OWNER, any notice, order or other communication sought
to be served by the OWNER on the CONTRACTOR with reference to the Contract, shall be
deemed to have been sufficiently served if delivered by hand or through Registered Post
Acknowledgement Due to the principal office of the CONTRACTOR at .. or to the
CONTRACTORs representatives as referred to in the General Conditions of Contract
forming part of the Contract Documents.
ARTICLE 7
WAIVER
7.1
No failure or delay by the OWNER in enforcing any right or remedy of the OWNER in
terms of the Contract or any obligation or liability of the CONTRACTOR in terms thereof
shall be deemed to be a waiver of such right, remedy, obligation or liability as the case
may be, by the OWNER and notwithstanding such failure or delay, the OWNER shall be
entitled at any time to enforce such right, remedy, obligation or liability, as the case may
be.
ARTICLE 8
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NON-ASSIGNABILITY
8.1.
The Contract and benefits and obligations thereof shall be strictly personal to the
CONTRACTOR and shall not on any account be assignable or transferable by the
CONTRACTOR.
IN WITNESS WHEREOF the parties hereto have executed this Contract in duplicate the Place,
day and year first above written.
SIGNED AND DELIVERED
for and on behalf of
INDIAN OIL CORPORATION LTD.
by .
in the presence of :
1.
2.
SIGNED AND DELIVERED
for and on behalf of
(CONTRACTOR)
by
(this day of ..2015)
in the presence of :
1.
2.
*(Strike off which is not applicable)
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Dated :
Dear Sir ,
With reference to your advice, we hereby agree to accept the payment of our bills through
RTGS/NEFT/Electronic Mode.
The desired bank account details are given below :
1.
Vendor Code allotted by IOCL in SAP
2.
Name of Beneficiary (i.e. IOCL Vendor )
3.
Name of the Beneficiarys Bank
4.
Address of the Beneficiarys Bank Branch
5.
Contact details of Branch with STD Code
6.
Beneficiarys Bank Account No.
7.
Beneficiarys Account Type (SB/CC/CA)
8.
Beneficiarys Bank IFSC Code (11 Digit)
9.
Mobile No of Beneficiary (One Number only)
10.
E-Mail Id of Beneficiary (One Mail Id only)
A blank cancelled cheque leaf relating to the above bank account is enclosed for verifying the
accuracy of the bank account details.
I hereby declare that the particulars given above are correct and complete. I agree to receive
transactional SMS / E-Mail Alerts from IOCL with regard to my bill payments.
(Signature of Account Holder)
Seal of the Vendor
Encl : Cancelled Cheque
**** We hereby confirm that the above bank account details of beneficiary are correct in all
respects and the account of Beneficiary (IOCL vendor) is maintained at our bank branch
.
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DECLARATION
(Self Adhesive non-judicial stamp of Rs. 10/- to be affixed)
Sub.: Contract/ Work Order No. ..................................... Dated..........................
1.
We the Contractors hereby agree, undertake to faithfully observe and comply with the
following during the performance of the contract.
2.
We shall
a)
Deploy trained and competent employees who are physically fit and are not suffering from
any chronic or contagious diseases.
b)
Be responsible for and arrange and bear costs of such equipment, cleaning materials,
uniforms and other paraphernalia necessary to render effectively the service required by
the Corporation.
c)
Be responsible and liable for payment of salaries, wages and other legal dues of our
employees for the purpose of rendering the services required by the Corporation under the
above contract and shall maintain proper books of account, records and documents. We
shall however as the employer, have the exclusive right to terminate the services of any of
our employees and to substitute any person instead.
d)
Comply in all respects with the provisions of all statues, rules and regulations applicable to
us and/ or to our employees and in particular we shall obtain the requisite license under
the Contract Labor (Regulation and abolition) Act 1970 and the rules made there under.
e)
Ensure that our employees while on the premises of the Corporation or while carrying out
their obligations under the contract, observe the standards of cleanliness, decorum, safety
and general discipline laid down by the Corporation or its authorized agents and the
Corporation shall be the sole judge as to whether or not we and/or our employees have
observed the same.
f)
Personally and exclusively employ sufficient supervisory personnel exclusively to supervise
the work of our employees so as to ensure that the services rendered under this contract
are carried out to the satisfaction of the Corporation.
g)
Ensure that our employees will not enter or remain on the Corporations premises unless
absolutely necessary for fulfilling our obligations under the contact.
h)
Not do or suffer to be done in or about the premises of the premises of the Corporation
anything whatsoever which in the opinion of the Corporation may be or become a nuisance
or annoyance or danger or which may adversely affect the property, reputation or interest
of the Corporation.
i)
Not do so suffer to be done in or about the premises of the Corporation anything whereby
any policy of insurance taken out by the Corporation against loss or damage by fire or
otherwise may become void or voidable.
j)
Be liable for and make good any damage caused to the Corporations properties or
premises or any part thereof or to any fixtures or fittings thereof or therein by any act,
omission, default or negligence on our part or on the part of our employees or our agents.
k)
Indemnify and keep indemnified the Corporation, its officers and employees from and
against all claims, demands, actions, suits and proceedings, whatsoever that may be
brought or made against the Corporation by or on behalf of any person, body, authority
and whatsoever and all duties, penalties, levies, taxes, losses, damages, costs, charges and
expenses and all other liabilities of whatsoever nature which the Corporation may now or
hereinafter be liable to pay, incur or sustain by virtue of or as a result of the performance
or non-performance or observance or non-observance by us of the terms and conditions of
the contract. Without prejudice to the Corporations other rights, the Corporation will be
entitled to deduct from any compensation or other dues to us, the amount payable by the
Corporation as a consequence of any such claims, demands, costs, responsible for death,
injury or accidents to our employees which may arise out of or in the course of their duties
on or about the Corporations property is made liable to pay any damages or compensation
3.
4.
5.
6.
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