JC15MLT113FILE1OF1

Indian Oil Corporation LimitedRefineries Division

Gujarat Refinery

Gujarat Refinery Where growth is essence of life

JC15EST113Tender No.Tender documents for

Techno Commercial part (Part-I)

Combined Stress Analysis onReactor-Regenerator Section of

FCCU in Gujarat Refinery.

CONTENTS

Name of the Work : Combined Stress Analysis on Reactor-Regenerator Section of FCCU in Gujarat Refinery.

Tender No. : JC15EST113

SR. NO. DESCRIPTION PAGE NO.

TECHNO-COMMERCIAL PART(PART-I)

1. CONTENTS 1

2. NOTICE INVITING TENDER 2 - 5

3. DEFINITIONS 6 - 8

4. INSTRUCTION TO BIDDERS FOR E- TENDERING 9 - 15

5. INSTRUCTION TO THE TENDERERS 16 - 17

6. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES (ANNEXURE-B)

18 - 19

7. TERMINATION AND ARBITRATION 20 - 23

8. PROFORMA FOR DECLARATION OF BANK DETAILS 24

9. SPECIAL CONDITIONS OF CONTRACTS - TECHNICAL 25 - 33

10. INSTRUCTIONS REGARDING SERVICE TAX 34

11. FORM OF TENDER (FOR COMMERCIAL BID) 35 36

12. INFORMATION ABOUT TENDERER 37

13. EQUIPMENT QUESTIONNAIRE 38

14. EXPERIENCE QUESTIONNAIRE 39

15. PROFORMA FOR DECLARATION OF BLACK LISTING / HOLIDAY LISTING

40

16. FORM OF TENDER (FOR PRICE BID) 41 42

17. SCHEDULE OF RATES 43

18. TIME SCHEDULE 44

19. SCHEDULE OF DEVIATION 45

20. LIST OF SCHEDULED / NATIONALISED BANKS 46

21. DECLARATION FOR WEB DOWNLOADED TENDERS 47

22. CHECK LIST 48 - 50

23. PPES STANDARD 51 - 52

24. FORM OF CONTRACT 53 - 54

PRICE PART (PART-II)

1. SCHEDULE OF RATES 1

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DIGITAL SIGN OF TENDERER

Indian Oil Corporation Limited Refineries Division

Gujarat Refinery

Notice Inviting Tender (E-Tender)

Tender Notice No: JC15EST113 Opening Date: 30-APR-2015 Gujarat Refinery, a unit of Indian Oil Corporation Ltd. invites electronic bids through its website https://iocletenders.gov.in under two bid system, (Part-I i.e. Techno-Commercial Part & Part-II, i.e. Price Part) from bonafide experienced contractors of financial standing and reputation for the work as per details given below.

The intending Bidder(s) is requested to obtain Class III Digital Signature Certificate (DSC) from any authorized certifying agency and register themselves with IOCL website using the DSC. Detailed instructions are available on the website under the section Bidders Manual Kit and Help for Contractors section. Name of the work and location Combined Stress Analysis on Reactor-

Regenerator Section of FCCU in Gujarat Refinery. Cost of tender document (Non-refundable) Nil.

Intending Bidder(s) is required to download the tender documents free of cost from IOCL e- tender website (https://iocletenders.gov.in)

Tender Inviting Authority Chief Manager (Contracts), Gujarat Refinery, e-mail: [email protected]

Starting date & Time for downloading of e-tender documents from web site https://iocletenders.gov.in

From 07-Apr-2015 10:00 hrs.

Last date & Time for downloading of e-tender documents from web site https://iocletenders.gov.in

Upto 28-Apr-2015 15:00 hrs.

Pre-qualification requirement : 1. Annual turnover during any of the preceding 3 financial years shall be at least (Rs. in Lacs): 22.66 (The Bidder shall furnish the copies of audited balance sheet(s) and profit and loss account statement(s) in support of above).

2. Work executed by the bidder during any of the last five years ending on last day of the month immediately previous to the month in which last date of bid submission falls: 2.1 1 similar completed work costing not less than. Rs. 18.88 Lacs 2.2 OR 2 similar completed works each costing not less than Rs. 15.10 Lacs 2.3 OR 3 similar completed works each costing not less than Rs. 11.33 Lacs

Experience of consultancy jobs as PMC/EPCM and / or detailed engineering with or without execution carried out for Petroleum Refinery / Petrochemical / Fertilizers shall be considered as similar Nature of work.

The Bidder shall furnish the copy of experience giving work order(s) and completion certificate(s) along with Schedule of Rates (SOR) for the similar nature of work as mentioned above. The completion certificates shall have details like work order no. / date, brief scope of work, ordered & executed value of the job, completion date etc. In case, Bidder submits the work order(s) issued by Private Limited, Partnership or Proprietary firms, then the Bidder shall also submit the TDS certificates(s), in case the TDS certificate is not available the bidder must submit the proof of payment received.

A job completed by the bidder as a sub-contractor shall be considered for the purpose of meeting the experience criteria as mentioned above subject to submission of following documents:

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Gujarat Refinery


Tender Notice No: JC15EST113 Opening Date: 30-APR-2015 o Copy of work order and completion certificates along with SOR issued by main contractor.

The completion certificate shall have details like work order no./date, brief scope of work, ordered & executed value of the job, completion date etc. In case, Bidder submits the work order(s) issued by Private Limited, Partnership or Proprietary firms, then the Bidder shall also submit the TDS certificates(s), in case the TDS certificate is not available the bidder must submit the proof of payment received.

o Certificates from the end user / Owner / Consultant of the Owner stating that they have been allowed/permitted as a sub-contractor.

The completion certificate, submitted by the bidder shall separately indicate the service tax amount included in the value of completed job OR a separate certificate from the respective client, mentioning the service tax amount if any, included in the value of completed job under consideration should be submitted by the bidder.

In case Service Tax amount/component is not specified in the submitted completion certificate, then the amount equivalent to rate of applicable service tax for the subject tender shall be deducted from the value of completed job mentioned in the completion certificate to arrive at the value of the completed job without service tax.

Similar ARC (Annual Rate Contract) job that has been successfully completed by the bidder for the originally awarded period shall be considered as completed works even though such ARC is under execution on account of extension. However the completion should be during the period as specified in clause no. 2 above. Bidder to submit the completion certificate with details (work order number, final executed value of work, duration of contract, name and designation of issuing authority) for originally awarded period and letter of extension / extension details along with the bid. 3. Technical pre-qualification criteria:

i) Bidder should have an experience of consultancy jobs as PMC/EPCM and / or Detail engineering for construction of any FCCU plant and / or Revamp of any FCCU plant in any Oil Refinery during any of the last seven years ending on last day of the month immediately previous to the month in which last date of bid submission falls.

ii) Bidder has to provide work order copies with detailed scope in proof of the same.

4. Other Requirements: Provident Fund: The intending bidder must submit the documentary evidence towards proof of their firms P. F registration.

Receipt of tender documents: Tender Receiving Authority Chief Manager (Contracts),

Indian Oil Corporation Limited, Gujarat Refinery, Jawaharnagar, Vadodara-391320 Phone : 0265-2237181 / 7182 / 7191, Fax : 0265-2233380 E-Mail: [email protected] ; [email protected]; [email protected]

On line bid Preparation & Tender Submission through e-tendering portal

Bids to be submitted online only, through IOCLs e-tendering site (https://iocletenders.gov.in) From: 09-Apr-2015 11:00 hrs. to 28-Apr-2015, 15:00 hrs. Telex/ Fax/ e-mailed offers and physical bids shall not be accepted.

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Gujarat Refinery


Tender Notice No: JC15EST113 Opening Date: 30-APR-2015 Date and time of opening of Part I online (Techno Commercial Bid)

15:00 hrs. on 30-Apr-2015 online.

Opening of Part- II (Price Part) online The price bids of Techno-commercially acceptable bidders only shall be opened online after giving due intimation to them.

Earnest Money Deposit 38000.00# Time allowed for completion of job 05 (Five) Months.

Type of Tender Tender quantity cannot be split. (Refer clause 6 of Public Procurement Policy, 2012 for MSE, Annexure-B of Special Conditions of Contract - Commercial)

The Bidder shall furnish the PAN details along with their bid. Bidder to take notice of corrigendum / amendment floated on e-tender website. Failure of bidder to submit

tender without taking cognizance of corrigendum / amendment issued by IOCL shall make the bid liable for rejection.

Any addendum/Corrigendum/Sale date extension in respect of above tender shall be issued on our website: https://iocletenders.gov.in only and no separate notification shall be issued in the press. Bidders are therefore requested to regularly visit website to keep themselves updated.

Bidder to note that all communications will be through E-tendering website. The validity and correctness of the e-mail address should be ascertained and shall be the responsibility of the bidder.

# Earnest Money Deposit shall be made by way of demand draft / pay order/ bankers cheques only, drawn in favour of 'The Accounts Officer, Gujarat Refinery' and payable at 'Vadodara'. The above mentioned payment instrument must be CTS-2010 compliant. Non CTS-2010 compliant banking instruments will not be considered as a valid EMD instrument. The Original EMD instrument shall be submitted / delivered in person or sent by post so as to reach the Tender Receiving Authority up to the Bid Opening date and time, without which the offer shall be liable for rejection. The tender receiving authority takes no responsibility for delay, loss or non receipt of EMD instrument sent by post. A scanned copy of the same is to be uploaded on the website along with techno-commercial bid as per instructions given on the website.

The EMD/EMD exemption instrument as specified in the NIT shall be submitted along with the techno-commercial bid without which the offer shall be liable for rejection.

The Tender Document is available on our website: https://iocletenders.gov.in and can be downloaded from the website. The offer is to be submitted through IOCL e-tendering site https://iocletenders.gov.in. Offers submitted in physical form shall not be considered and shall not be evaluated.

The bidding document is a non-transferrable document that shall not be transferred to any other agency without the specific prior written permission of the tender inviting authority.

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Gujarat Refinery


Tender Notice No: JC15EST113 Opening Date: 30-APR-2015 Public Sector Undertaking of Central / State Government/ JV of IOCL are exempted from payment of EMD

and Tender Fee.

Price preference to Micro & Small Enterprises (MSEs) shall be allowed as per Public Procurement Policy MSEs Order 2012 (Micro, Small and Medium Enterprises Development Act, 2006).

Micro & Small Enterprises (MSEs) registered with any authorised agency specified by Ministry of MSME (as per MSME Development Act, 2006) for the items of job/work as defined in the tender are exempted from payment of EMD and Tender Fee.

Micro & Small Enterprises (MSEs) participating in the tender must submit the certificate of registration along with techno commercial bid in order to avail the EMD exemption / price preference available vide Public Procurement Policy MSEs order ,2012. Bidders may please note that the subsequent submission of MSEs certificate after due date and time of opening of Techno commercial bid will not be considered for EMD exemption / price preference.

The registration certificate must be valid as on bid submission date of the tender. The successful bidder should ensure that the same is valid till the end of the contract period.

The MSEs who have applied for registration or renewal of registration with any of the agencies/ bodies specified by Ministry of MSME, but have not obtained the valid registration certificate as on bid submission date are not eligible for exemption/ preference.

The tender issuing authority reserves the right to reject any or all of the offers received or any part of the tender without assigning any reason.

The OWNER reserves the right not to accept the lowest rates quoted by the Bidder. Telex/Telegram/Fax/E-Mail/Physical form offers shall not be accepted. Tendering can be abandoned without assigning any reason. No compensation shall be payable for the

efforts made by the bidder.

Any legal dispute shall be within the jurisdiction of Vadodara District Court.

01-Apr-2015 Chief Manager (Contracts)

Jawaharnagar, Vadodara-391320 Phone: 0265-2237181

Notice Board Contract Cell Fax: 0265-2233380 CC : Ex. Engr., PWD / W.Rly / BMC / GSFC / MES / AAI

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DEFINITIONS

The following expressions hereunder and elsewhere in the Contract Documents used, unless repugnant to the subject or context thereof, shall have the following meanings hereunder respectively assigned to them, namely:

1. Acceptance of Tender shall mean the Acceptance of Tender issued by the OWNER to the CONTRACTOR, and shall include a letter, telegram or fax of acceptance or other notification of award of work, and a detailed Letter of Acceptance.

2. Approval shall mean the written and signed approval of the OWNER or of Engineer-in-Charge or Consultant authorised in this behalf by the OWNER, and with respect to a plan or drawing shall include an approval in Code 2, subject to the limitation(s) specified in such approval.

3. Approval in Code 2 shall mean an approval to proceed with the work covered by plans or drawings subject to certain limitation(s) as specified in such approval.

4. The Contract shall mean the agreement between the parties as derived from the Contract Documents.

5. The CONTRACTOR shall mean Individual, Agency, Firm or Company (whether incorporated or not) selected by the OWNER for the performance of the Contract and shall include its legal representatives, successors and permitted assigns.

6. The Contract Documents shall mean the contract documents as defined in Article 1 in the Form of Contract.

7. Completion or Final Completion shall mean the successful provision of all materials and inputs and the successful completion and conclusion of all activities required in all respects to complete the contractual works in accordance with the contract.

8. Completion Certificate shall mean the Completion Certificate issued by the Engineer-in-Charge in accordance with the provisions hereof.

9. Consumables shall mean all items which are consumed in the execution of the Work, without being directly incorporated in the Work, such as fuel, electricity, water, POL, welding rods, electrodes and utilities.

10. The Engineer-in-Charge shall mean the Engineer or other officer of the OWNER, Consultant or other organisation for the time being nominated by the OWNER in writing to act as Engineer-in-Charge for the purpose of the Contract or any specific works.

11. Final Certificate shall mean the final certificate issued by the Engineer-in-Charge in accordance with the provisions hereof.

12. General Manager shall mean the Executive Director, General Manager or other Chief Executive (howsoever designated) of the Project to which the Contract relates, and if there is no such separate Chief Executive, shall mean the Executive Director (if any) or the General Manager, as the case may be, of the Refinery, Unit or Department of the OWNER to which the Project relates.

13. Job Site shall mean any site at which the work is to be performed by the CONTRACTOR, and shall include a part or portion of the job site.

14. Manuals shall mean the Erection and Installation Manual of the various equipment and machinery forming part of the Work(s) or Plant(s)/Unit(s) as well as the Operation and Maintenance Manuals thereof.

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15. Materials shall mean all materials, plant, machinery, instruments, components, equipments, sub-assemblies and assemblies, parts, spares and other items or things required for permanent incorporation in the works.

16. Order and Instruction shall respectively mean any written Order or Instruction given by the Engineer-in-Charge or Site Engineer within the scope of their respective powers in terms of the Contract.

17. The OWNER shall mean Indian Oil Corporation Limited, a company incorporated in India and having its registered office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai-400 051 and shall include its successors and assigns.

18. Plans and Drawings shall mean and include all technical documentation such as maps, sketches, designs, drawings, plans, details, charts, schedules, tracings, prints, computer outputs, printouts, and manuals, relating to the work forming the subject matter of the contract, including but not limited to those forming part of the Tender Documents, Offer Documents, and working drawings and details, together with amendments/alterations/ revisions/modifications thereto, as may have been approved by and/or furnished by the OWNER, the Engineer-in-Charge and/or the Consultant, as well as As-Built drawings to be submitted by the CONTRACTOR, as required under the contract.

19. Performance Test(s) shall mean all tests meant to ensure that the Plant(s)/Unit(s) is/are in all respects in accordance with the requirements of the Contract and that the Plant functions properly and smoothly, in all respects as per the approved design parameters, within the permissible tolerances, and satisfies all the stipulated operating parameters, and will include the Guarantee Tests.

20. The Site Engineer shall mean the Engineer(s)/Officer(s) for the time being designated by the Engineer-in-Charge as his representative(s) in writing, and authorized by him to assist him in performing his duties and functions for the purpose of the Contract.

21. Plant or Unit shall mean the grouping of and assembly of systems, subsystems, machinery, equipment, piping and associated facilities, designed to function as a cognizable part of the Project Facility whether alone or in conjunction with other Plants/Units and Facilities. (Examples: Distillation Unit, Reformer Unit or Desulphurisation Unit.).

22. Schedule of Rates or Price Schedule shall mean the Schedule of Rates or Price Schedule annexed to the Acceptance of Tender, and shall also include a lump sum price.

23. The Specification(s) shall mean the various specifications as set out in the Specifications forming part of the Tender Documents and as referred to and derived from the Contract and any order(s) or instruction(s) thereunder, and in the absence of any specifications as aforesaid covering any particular work or part or portion thereof, shall mean the Specifications and Codes of the Bureau of Indian Standards and other Organizations, including but not limited to British Standards Institution, ASTM, ASME, ANSI, API, AWS, AWWA, NACE, HEI, IEC, IBR, IEEE, EIL, CPWD, etc, with such modifications as may be applicable for the particular part(s) of the Contract, as decided by the Engineer-in-Charge and as per Standard Engineering and Industry Practice and/or as directed by the Engineer-in-Charge.

24. Subsystems shall mean the further breakdown of a System into its subsections and sub-components, each designed to fulfill a precisely demarcated function or role in the working of the system. (Example: Demineralistion of boiler feedwater and fuel injection for boilers for the Steam Generation system).

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25. System shall mean the breakdown of the Plant or Unit into specific sections and components, each designed to fulfil a precisely demarcated function or role in the working of the Plant/Unit (Examples: Fresh water system, circulating water system, steam and power generation and distribution systems, fuel system, effluent system in a Power Plant.)

26. Time Schedule shall mean the Time Schedule for final completion of the Works or Mechanical Completion of the Plant(s)/Unit(s), as the case may be, incorporated in the Contract or as may be extended by the OWNER or Engineer-in-Charge pursuant to the provisions hereof and shall include interim time schedules set up for achieving interim/phase-wise/stage-wise progress/completion/ testing/ commissioning/handing over, as may be prescribed by the OWNER/Engineer-in-Charge, within the overall Time Schedule as originally envisaged or as extended.

27. The Total Contract Value shall, upto calculation of the entire remuneration due to the CONTRACTOR in terms of the contract on successful completion of the work, mean the Total Contract Value as specified in the Acceptance of Tender, and after calculation of the entire remuneration due to CONTRACTOR under the contract on successful completion of the contract, shall mean the totality of such remuneration.

28. Utilities shall mean power, electricity, gas and other sources of energy, water, earth and other things whatsoever (other than materials and consumable(s)) required for or in the performance of the work(s).

29. Work, Scope of Work, Service, and Scope of Services shall mean the totality of the work, services and activities to be performed or undertaken and the totality of the responsibilities to be discharged, as envisaged by expression or implication in the contract and shall include all inputs required for such performance and discharge including (but not limited to) know-how, design/engineering inputs, preparation and supply of drawings and details, project management (including pre-construction activities, tendering, procurement, inspection and expediting), construction supervision, pre-commissioning, start-up and commissioning and supply of consumables, labour, construction and other requisite machinery and equipment, utilities and inputs required for, relative or incidental to and/or in connection with the performance of the contract upto completion (including testing, commissioning, handing over, troubleshooting, rectification and maintenance).

30. Defect Liability Period for the works (including the materials incorporated therein within the CONTRACTORs scope of supply) shall unless otherwise specified be 12 (twelve) months from the date of issue of the Completion Certificate.The CONTRACTOR shall, at his own cost and initiative, correct, repair and/or rectify any and all defect(s) and/or imperfections in the design of the work (insofar as the CONTRACTOR shall be concerned with the design of the work or any part thereof) and/or in the work performed and/or materials, components or other items incorporated therein within the CONTRACTORs scope of supply as shall be discovered during the Defect Liability Period.

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INSTRUCTIONS TO BIDDERS (ITB) FOR E-TENDERING 1. GENERAL 1.1 The subject tender is an e-tender and available on Indian Oil website

https://iocletenders.gov.in/ The bidding documents are and shall remain the

exclusive property of OWNER without any right of the Bidder to use them for

any other purpose except bidding in the subject tender and for use by

successful Bidder with reference to the work.

1.2 The bidder shall submit their offer through e-tendering site,

https://iocletenders.gov.in following the instructions as mentioned in the e-

tendering website. Bids sent through any other means (Fax / E-mail / Courier /

Post etc.) shall not be accepted. Bidder(s) are advised to quote strictly as per

terms and conditions of the tender documents through e-bidding.

1.3 Bidder must ensure that the payment instrument as mentioned in the NIT

towards EMD is received by the Tender Receiving Authority before

techno-commercial bid opening schedule (as indicated in the NIT), failing

which the tender is liable for rejection. Tender receiving authority takes no

responsibility for delay, loss or non-receipt of EMD instrument sent by

post.

1.4 In order to bid for Indian Oil e-tenders, all the agencies are required to obtain a

Class III Digital Signature Certificate (DSC) from the licensed Certifying

Authority (CA) for their user who is authorized to submit bids on-line. Bidders

already possessing the Class III digital signature issued from authorized CAs

can register on the e-tendering web site and use the same in this tender.

Further, the bidder should ensure that the e-mail address given in the

Registration Form available on the web site during registration on the web site is

valid & active as all the communications will be made through this e-mail id only.

For any problem on e-tendering process kindly contact as given below or

provided on the web site:

Kindly note the name & contact numbers of the persons from NIC for trouble

shooting in e-tendering process:

S. No. Name Contact Number

1. Shashi Prakash +918130634323

2. Vikrant +919999188919

3. Ankit +919717983330

Kindly note the e-tendering helpdesk e-mail: [email protected] /

[email protected]

1.5 On no account will any person to whom bidding documents are furnished, part

with possession thereof or copy or disclose the provisions thereof or any of

them or disclose or take copies of tracings or of any drawing, plan or route

forming part thereof, it being understood that the information therein is

confidential, and that the bidding documents are therefore being furnished only

to bidders in strictest confidence.

1.6 The details as called for in the bidding documents shall be filled and completed

by the Bidders in all respect and shall be submitted with requisite information

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and Annexures. 1.7 If the space in any Performa of bidding document is insufficient, additional

pages shall be separately added. These shall be page numbered and shall also carry the bidding document number and shall be signed by the Bidder.

1.8 Bidder shall clearly indicate their legal constitution and the person signing the bid shall state his capacity as also the source of his ability to bind the Bidder. The Power of Attorney or Authorization or other document constituting adequate proof of the ability of the signatory to bind the Bidder, shall be annexed to the bid. OWNER may reject outright any bid unsupported by adequate proof of the signatorys authority.

1.9 Bidders shall submit their eligibility and qualification documents, Technical bid, Financial part etc. in the standard formats prescribed in the Tender Documents, uploaded in e-tendering website. The bidder shall upload the scanned copies of all the relevant certificates, documents etc. in support of their eligibility criteria/technical bids in the e-tendering website. The bidder shall digitally sign on the tender document, statements, documents, certificates uploaded by him, owning responsibility for their correctness/authenticity. If any of the documents furnished by the bidder is found to be false/ fabricated, the bidder is liable for black listing, forfeiture of EMD & cancellation of work.

1.10 The bidder shall enclose documents to show that he has previous experience in having successfully completed in the recent past works of similar nature together with the name of the Client, location, sites and value of contract in the format annexed to the tender. It shall be the responsibility of the Bidders to fill complete, correct and accurate information in line with the requirements / stipulations of the Tender Documents, regarding their past experience and other information required to facilitate due evaluation / consideration of their tenders. If any information given by the Bidder / Tenderer is found to be incorrect in any particular considered by the OWNER to be relevant for the evaluation of the bid/tender, or is found by the OWNER to misrepresent facts, or if any of the documents submitted by the Bidder / Tenderer in support of or relevant to bid / tender is found by the OWNER to be forged, false or fabricated, the OWNER may reject the bid, and without prejudice to any other right(s) of action or remedy available to the OWNER, the Owner may forfeit the Earnest Money given by the Bidder in the form of Earnest Money Deposit or Bank Guarantee in lieu of Earnest Money Deposit in order to compensate the OWNER for the expenses incurred by it in considering the bid (and not by way of penalty) and take action for putting the Bidder / Tenderer on holiday list for such period as the OWNER in this behalf considers warranted and / or to remove the Bidder / Tenderer from the approved list of Vendors / Contractors. If prior to the discovery of incorrect information, misrepresentation or false, forged or fabricated document(s) the bid / tender has resulted in a contract, the contract shall be liable to be terminated by the OWNER pursuant to the provisions of Clause 7.0.1.0 of the General Conditions of Contract with the consequences of termination as provided in Section 7 of the General Conditions of Contract which is an integral part of the tender document.

1.11 A pre-bid meeting, if indicated in the Notice Inviting Tender, will be held as per the schedule. Apart from any technical queries and any other queries regarding the conditions of tender, bidders/ their representatives shall be familiarized about the OWNER e-tendering site & how to submit their offer online, getting digital signatures etc. Bidders are requested to clarify all the technical queries

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related to tender during the Pre-bid meeting, if held and as far as possible avoid any deviations/Queries in their offer. Bidders to ensure compliance of all provisions of the bidding document.

2. BIDDING DOCUMENT: The bidding document that is downloaded shall be submitted on-line along with other associated documents, digitally signed as a token of acceptance. The bidding document is a non-transferrable document that shall not be transferred to any other agency without the specific prior written permission of the tender inviting authority. The digital signature shall be considered as your confirmation that you have read and accepted all the conditions laid down in the Tender Documents.

3. BID VALIDITY: Bid shall remain valid for acceptance for a period of 04 (Four) months from the date of opening of the bid. The bidder shall not be entitled to modify, vary, revoke or cancel his bid during the said period unless specifically asked and permitted by the OWNER. The validity of the bid shall be extended as and when required for the period as requested by OWNER in writing and agreed by the bidder.

4. EARNEST MONEY DEPOSIT 4.1 The bid must be accompanied by Earnest Money of amount mentioned in the

Notice Inviting Tender and in the form of the payment instrument as specified in the NIT. No interest shall be payable by OWNER for this Earnest Money Deposit.

4.2 The original EMD instrument should be submitted in a sealed envelope superscripted with EMD for tender no._________, details of the bidder and due date of bid opening. A scanned copy of the same is to be uploaded on the website along with techno-commercial bid as per instructions given on the website.

4.3 If the Bidder, after submitting his bid, revokes his offer or modifies the items and conditions thereof during the validity of his offer except where OWNER has given opportunity to do so, the Earnest Money shall be liable to be forfeited.

4.4 Should an Invitation to Bid be withdrawn or cancelled by OWNER, which it shall have the right to do so at any time, the Earnest Money paid with the bid will be returned to the Bidder without paying any interest on it.

4.5 Should the successful Bidder fail or refuse to sign the agreement and submit the necessary Bank Guarantee(s) towards Security Deposit within the stipulated time, the Earnest Money shall be forfeited without prejudice to his being liable to any further loss or damage incurred in consequence.

4.6 The Earnest Money of the successful Bidder will normally be adjusted against security deposit. But EMD of successful bidder can also be released after signing of the contract if Bank Guarantee(s) towards Security Deposit of is submitted by the bidder. Earnest Money of the unsuccessful Bidders shall be returned after award of work to the successful bidder.

5. BID SUBMISSION: 5.1 Bidders shall submit on line offers within scheduled date & time and as per the

instructions mentioned in the NIT and on the e-tendering web site.

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5.2 Bidders shall ensure that all the documents submitted are digitally signed

as per the guidelines given in the e-tendering web site. 5.3 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.

5.4 After the successful submission of bid, an acknowledgement will be generated by the system along with bid submission number. Users may also note that the incomplete bids will not be saved by the system and are not available for processing and evaluation.

5.5 The PRICE PART (PART-II) shall contain only Schedule of Rates which should be duly filled in the specified format only without altering or modifying the same. It is to be noted that the Price part shall contain only PRICES and no conditions whatsoever. In case of percentage rate tender, the percentage rate shall be filled up in figures and the total amount shall be automatically calculated and rounded off to the nearest rupee. However, the exact amount shall be considered for evaluation and of award of job. In Item Rate tenders the Rates/Prices only for the corresponding items shall be filled in the specified cells and the total amount shall be automatically calculated.

5.6 The bid shall be digitally signed by someone legally authorized to enter into commitment on behalf of the Bidder. Bidder shall upload among other documents, Power of Attorney in favour of the person who is authorized to enter into commitments on behalf of the Bidder.

5.7 The cancellation of any document such as Power of Attorney, Partnership Deed, etc. should be communicated by the Bidder to OWNER in writing well in time, failing which OWNER shall have no responsibility or liability for any action taken by OWNER on the strength of the said documents.

5.8 Bidders shall ensure submission of complete information/documentations in the first instance itself. OWNER reserves the right to complete the evaluation based on the details furnished by the agencies without seeking any subsequent additional information. Bids not in compliance with Bidding Document or with incomplete information documents are liable for rejection.

6. COST OF BIDDING:

The bidder shall bear all direct and indirect costs associated with the preparation or delivery/ submission of their Bid, participating in discussions etc. including costs and expenses related with visits to the OWNERs offices, digital signatures etc. OWNER will in no case be responsible or liable for reimbursement of those cost and expenses regardless of the outcome of the bidding process.

7. BID REQUIREMENTS 7.1 PROPOSAL OF THE BIDDER The Bidder shall arrange his bid as per the instructions given in the tender. In the Techno- commercial Bid (Part-I) apart from the Tender submitted on-line, the following documents shall also be uploaded:

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DOCUMENTS TO BE UPLOADED ALONG WITH TECHNO-COMMERCIAL PART OF E-BID (PART-I):

a. Power of Attorney of the person who has signed the tender. b. Submission of bid letter along with the Bidding document. c. Scanned Copy of Earnest Money Deposit (EMD) as per NIT. d. Organization Information:

o In case of a proprietorship firm, the scanned copy of Proprietorship affidavit.

o In case of a partnership firm, scanned copy of the partnership deed. o In case of company (whether private or public), certified copy of the

`Certificate of Incorporation' together with certified Memorandum and Articles of Association.

e. Scanned copies of the Income Tax return for the last three financial years. f. Scanned copy of work orders along with completion certificates as per NIT. g. Scanned copies of audited balance sheets, profit & loss account statement,

Permanent Account No. (PAN), Provident Fund (PF) No., ESI code, Service Tax Registration Number, Sales Tax Registration number, as applicable as per NIT.

h. Declaration for Web Downloaded Tender i. Schedule of Deviations (FORM-B) j. Bank details as per tender k. Duly filled Form of tender for Commercial Bid l. Duly filled Form of tender for Price-Bid m. Declaration by bidder regarding Black Listing/Holiday listing n. Duly filled copy of check list o. Any other information required in the Bidding Documents or considered

relevant by the Bidder. 7.2 PART-II - PRICE PART Price Part shall contain Schedule of Rate and the percentage/item rate duly filled in specified format. "Price part shall contain Schedule of Rates with relevant bill of materials duly filled in. It is to be noted that the folder containing this part shall contain only the price and no conditions whatsoever. Any condition given in this part shall make the tender liable for rejection. 8. BIDDERs RESPONSIBILITY Although all details presented in this bid documents have been complied with all reasonable care, it is the Bidders responsibility to ensure that the information provided is adequate and clearly understood. Bidder shall inspect the site and surrounding area and shall satisfy himself of the existing facilities and shall collect any other information, which he may require before submitting the bid. Bidders quotation is the responsibility of the Bidder and no relief or consideration can be given for errors and omissions.

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9. PRE BID MEETING (Only If applicable as per NIT) Bidders are advised to attend a pre-bid meeting as per schedule mentioned in the NIT (if applicable) at the office of Chief Manager (Contracts), Gujarat Refinery, Vadodara. The bidders are requested to forward their queries well in advance to Tender Inviting Authority. During pre-bid meeting, OWNER shall clarify issues and answer questions on any matter that may be raised by the bidder regarding the scope of work and any Technical & Commercial Queries. All costs towards attending any meeting shall be at Bidders own expenses. 10. BID CLARIFICATION / AMENDMENTS: OWNER may issue clarifications / amendments in the form of addendum / corrigendum during the bidding period and may also issue amendments subsequent to receiving the bids. For the addendum / corrigendum issued during the bidding period, Bidder shall confirm the inclusion of addendum / corrigendum in their bid. For clarifications issued by OWNER subsequent to receiving the bids, the bidder shall confirm receipt on line and for any impact on the quoted prices; the bidder shall follow the instructions issued along with addendum / corrigendum. Bidders shall examine the Bidding documents thoroughly and submit to OWNER any apparent conflict, discrepancy or error. OWNER shall issue appropriate clarification or amendment, if required. Any failure by bidder to comply with the aforesaid shall not excuse the bidder from performing the services in accordance with the agreement, if subsequently awarded the contract. All questions and clarifications related to Bidding documents shall be addressed in writing to: Chief Manager (Contracts) Gujarat Refinery Indian Oil Corporation Limited Jawahar Nagar Vadodara 391320 e-mail: [email protected] 11. CONFIDENTIALITY OF DOCUMENTS The Bid documents are and shall remain the exclusive property of the OWNER without any right of the Bidder to use them for any purpose except for bidding and for use by the successful Bidder with reference to the resultant contract. On no account will any person to whom the Bid documents are furnished, part with the possession thereof or copy or disclose the provision thereof or any of them or disclose or take copies of any drawings, plans or other documents comprised therein, it being understood that information given in the Bid documents is the proprietary and confidential information of the OWNER, and that the Bid documents are therefore being furnished only in the strictest confidence. The intending Bidder may, however, disclose the Bid documents and/or furnish copies in whole or part thereof to employees, Contractors and/or potential Indian Engineering subcontractors involved

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in the preparation of the Bid who have understood the proprietary and confidential nature of the documents and have undertaken to be bound by and maintain confidentiality. The Bid of any bidder who contravenes any of the foregoing provisions hereof is liable to be rejected. 12. OWNERs RIGHTS 12.1 OWNER reserves the right to accept a bid other than the lowest and to accept

or reject any bid in whole or part, or to reject all bids with or without assigning any reasons. Such decision by OWNER shall bear no liability whatsoever consequent upon such decisions.

12.2 The intending tenderer as a pre-requisite must produce documentary evidence(s) of all documents required as per tender and upload the same along with the techno-commercial part of their offer. In case of non-submission of above documents or submission of incomplete documents as per above documents or submission of incomplete documents as per tender along with Part-I, OWNER reserves the right not to evaluate such offers further and not to enter into correspondence in this regard after opening of offer.

12.3 The subject work is indivisible and shall be awarded as per tender to single successful bidder unless otherwise mentioned in the tender documents.

13. APPLICABLE LANGUAGE: The bids and all correspondence incidental to and concerning to this bid shall be in English language only. For documents submitted in any other language, an English Translation shall also be submitted, in which case, for interpretation of the offer, the English Translation shall govern. 14. CURRENCIES OF BID AND PAYMENT Bidders shall quote their prices in Indian rupees only unless specified otherwise. 15. PRICES, TAXES, DUTIES The Bidder should quote firm prices/ rates taking in to account of all Taxes, Duties, Levies, Personal Tax, Corporate Tax and all other expenditure required to be incurred by him/her for providing required services etc. during the contract period as indicated under this contract and afterwards no variation on any account unless otherwise specifically mentioned will be allowed. The quoted prices for all the items should be excluding Service Tax & Cess on Service Tax which shall be paid at actual as applicable.

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INSTRUCTIONS TO THE TENDERERS

1. The OWNER may, at its discretion, extend the deadline for the submission of bids by amending the Bid documents, in which case all rights and obligations of the OWNER and bidders previously subject to the deadline, will thereafter be subject to the deadline as extended.

2. In case of 2 bid system, OWNER will open only Unpriced bids, on finalizing of technical offers, price bids of technically acceptable tendered only shall be opened after giving due intimation to them.

3. Owner will not be bound by any Power of Attorney granted by the Bidder or changes in the constitution of the firm made subsequent to submission of the bid or after the award of the contract. He may, however, recognise such Power of Attorney, and changes after obtaining proper legal advice, the cost of which will be borne by the Bidder.

4. In case of tenderer revoking or cancelling their tender or varying any terms in regard thereof without the consent of the Owner in writing, the Owner shall reject the tender and they shall be liable to be put on holiday list of IOCL.

5. On account of exigencies, if the Tenderer is asked to extend the validity of offer, the same should be without any deviation of terms and conditions and change in prices. However if the Tenderer deviates from the terms and conditions and changes prices while extending the validity of offer, the offer shall be liable for rejection, however, the bidder will be allowed to withdraw their offer in such a case

6. All responses to request for clarification shall be in writing, and no change in the price or substance of the bid shall be permitted to the bidder after opening of Techno-commercial bid (Part - I) unless specifically sought by OWNER.

7. The bidder and any of his personnel will be granted permission by the OWNER to enter upon his premises and lands for the purpose of such inspection, but only upon the explicit condition that the bidder, or his personnel will release and indemnify the OWNER and his personnel from and against all liability in respect thereof and will be responsible for personnel injury (whether fatal or otherwise), loss of/or damage to property and any other loss, damage, cost and expenses incurred as a result hereof.

8. OPENING OF PRICE BIDS (in case of 2 bid tendering)

a. Price part shall contain Schedule of Rates with relevant bill of materials duly filled in. It is to be noted that the sealed cover containing this part shall contain only the price and no conditions whatsoever. Any condition given in this part shall make the tender liable for rejection.

b. The price bids of technically and commercially acceptable bidders will be opened online.

9. NOTIFICATION OF AWARD:

a. The Owner will notify the successful bidder in writing by a letter and / or Fax of Acceptance that their bid has been accepted. This notification of Award will constitute the formation of a Contract until the Contract agreement has been signed.

b. Contract document for agreement shall be prepared after the notification of acceptance of bid. Until the final contract documents are prepared and executed, bidding documents together with the annexed documents, modifications, deletions agreed upon by the OWNER and bidders acceptance thereof shall constitute a binding contract between the successful bidder and the OWNER based on terms contained in the aforesaid documents and the finally submitted and accepted prices.

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10. The time limit for settling the contractor's bills shall be as follows: . Time Limit for payment RA bill 20 days from the receipt of bill by Engineer-in-Charge.

Engineer-in-Charge will send the bill to Finance after certifying within 13 days and Finance will release the payment within 7 days after receipt.

Final bill (A) Where approval for extra items and time extension of contractual period are not involved

60 days from the date of receipt by Engineer-in-Charge. Engineer-in-Charge will send the bill to Finance after certifying within 40 days and Finance will release the payment within 20 days after receipt.

(B) Where approval for extra items and time extension of contractual period are involved

90 days from date of receipt by Engineer-in-Charge. Engineer-in-Charge will send the bill to Finance within 70 days of the receipt of the bill (one month time is given to Engineer-in-Charge for getting the approval) and Finance will release the payment within 20 days after receipt.

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Annexure B

PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES

Conditions for Benefits/ Preference for Micro & Small Enterprises (MSEs)

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

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

2. MSEs participating in the tender must submit the certificate of registration with anyone of the above agencies indicating the details of the particular tendered item along with their bid.

3. The registration certificate issued from any one of the above agencies must be valid as on close date of the tender. The successful bidder should ensure that the same is valid till the end of the contract period.

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

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

6. Price Preference Subject to meeting terms and conditions stated in the tender document including but not limiting to prequalification criteria, twenty percent of the total quantity of the tender is earmarked for MSEs registered with above mentioned agencies/bodies for the tendered item. Where the tendered quantity can be split, MSEs quoting a price within a price band of L1 + 15 percent shall be allowed to supply up to 20 percent of total tendered quantity provided they match L1 price. In case the tendered quantity cannot be split, MSE shall be allowed to supply total tendered

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Annexure B

PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES

quantity provided their quoted price is within a price band of L1 + 15 percent and they match the L1 price. In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1 price, the supply may be shared proportionately.

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

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

a. In case of proprietary MSE, proprietor(s) shall be SC /ST b. In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares

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

promoters.

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TERMINATION & ARBITRATION 1) TERMINATION

a) Notwithstanding anything elsewhere herein provided and in addition to any other right or remedy of the OWNER under the Contract or otherwise (including the right of the OWNER to claim price discount due to delay in completion of work or otherwise), the OWNER shall be entitled to terminate the Contract by written notice at any time during the currency on or after the occurrence of any one or more of the following events or contingencies, namely: i) Default or failure by the BIDDER of any of the obligations of BIDDER under

the Contract, including but not limited to: ii) Failure to commence any work at any job site in accordance with the time

prescribed in this behalf in the Progress Schedule; iii) Failure to carry out on the works or any of item to meet the Progress

Schedule; iv) Disobedience of any order or instruction of the Engineer-in-Charge and/or

Site Engineer; v) Negligence in carrying out the works or carrying out of work found to be

unsatisfactory by the Engineer-in-Charge; vi) Abandonment of the works or any part thereof; vii) Commission, permission or sufferance of any other breach of any of the

terms, conditions or provisions of the Contract on the part of the BIDDER to be paid, performed and/or observed;

viii)If BIDDER shall sub-contract the whole or any part of the work in contravention of the provisions of contract hereof or BIDDER shall assign or attempt to assign his interest or any part thereof in the Contract.

b) The decision of the General Manager, as to whether any of the events/ contingencies mentioned hereof, entitling the OWNER to terminate the Contract, has occurred or not, shall be final and binding upon to BIDDER.

c) The notice of termination shall set forth, in addition to a statement of the reason(s) for terminating the contract, the time(s) and place(s) for conducting a survey and measurement of the work performed under the Contract up to the date of termination for the purpose of determining the final amount(s) due to BIDDER therefor. The reason(s) for the termination stated in the notice of termination, shall be final and binding upon BIDDER.

d) Only completed items of the work shall be reckoned for the purpose of measurements and the decision of the Engineer-in-Charge as to whether or not any items of works have been completed for the purpose of measurement shall be final and binding upon BIDDER.

e) Upon termination of the Contract, the OWNER shall be entitled at the risk and expense of BIDDER by itself or through any independent agency(s) or partly by itself and/or partly through independent agency(s) to complete and/or get completed to its entirety the work as contemplated in the scope of work and to recover the same from BIDDER

2) Arbitration and alternative dispute resolution machinery shall be as per Annexure I.

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Annexure I ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION MACHINERY

1.0.0 ARBITRATION 1.1.0 Any dispute arising out of a Notified Claim of the CONTRACTOR included in

the Final Bill of the CONTRACTOR, if the CONTRACTOR has not opted for the Alternative Dispute Resolution Machinery referred below, and any dispute arising out of any Claim(s) of the OWNER against the CONTRACTOR shall be referred to the arbitration of a Sole Arbitrator selected in accordance with the provisions of Clause 1.1.1 hereof. It is specifically agreed that the OWNER may prefer its Claim(s) against the CONTRACTOR as counter-claim(s) if a Notified Claim of the CONTRACTOR has been referred to arbitration. The CONTRACTOR shall not, however, be entitled to raise as a set-off defence or counter-claim any claim which is not a Notified Claim included in the CONTRACTORs Final Bill.

1.1.1 The Sole Arbitrator referred to in Clause 1.1 hereof shall be selected by the CONTRACTOR out of a panel of 3 (three) persons nominated by the OWNER for the purpose of such selection, and should the CONTRACTOR fail to select an arbitrator within 30 (thirty) days of the panel of names of such nominees being furnished by the OWNER for the purpose, the Sole Arbitrator shall be selected by the OWNER out of the said panel.

1.2.0 Any dispute(s) or difference(s) with respect to or concerning or relating to any of the following matters are hereby specifically excluded from the scope, purview and ambit of this Arbitration Agreement with the intention that any dispute or difference with respect to any of the said following matters and/or relating to the Arbitrators or Arbitral Tribunals jurisdiction with respect thereto shall not and cannot form the subject- matter of any reference or submission to arbitration, and the Arbitrator or the Arbitral Tribunal shall have no jurisdiction to entertain the same or to render any decision with respect thereto, and such matter shall be decided by the General Manager prior to the Arbitrator proceeding with or proceeding further with the reference. The said excluded matters are:

(i) With respect to or concerning the scope or existence or otherwise of the Arbitration Agreement;

(ii) Whether or not a Claim sought to be referred to arbitration by the CONTRACTOR is a Notified Claim ;

(iii) Whether or not a Notified Claim is included in the CONTRACTORs Final Bill.

(iv) Whether or not the CONTRACTOR has opted for the Alternative Dispute Resolution Machinery with respect to any Notified Claim included in the CONTRACTORs Final Bill.

1.3.0 The provisions of the Indian Arbitration & Conciliation Act, 1996 and any re-enactment(s) and/or modification(s) thereof and of the Rules framed thereunder shall apply to arbitration proceedings pursuant hereto subject to the following conditions:

(a) The Arbitrator shall give his Award separately in respect of each

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Claim and Counter-Claim; and (b) The Arbitrator shall not be entitled to review any decision, opinion

or determination (howsoever expressed) which is stated to be final and/or binding on the CONTRACTOR in terms of the Contract Documents.

1.4.0 The venue of the arbitration shall be New Delhi, provided that the Arbitrator may with the consent of the OWNER and the CONTRACTOR agree upon any other venue.

2.0.0 ALTERNATIVE DISPUTE RESOLUTION MACHINERY 2.1.0 The CONTRACTOR may as alternative to reference to arbitration under

Clause 1.1 with respect to its/his Notified Claims included in the CONTRACTORs Final Bill opt for the Alternative Dispute Resolution Machinery herein provided, and upon the exercise of such option, the CONTRACTOR shall be deemed to have waived his right (if any) of arbitration with respect to such Claim(s).

2.1.1 The option of adopting alternative dispute resolution machinery shall be exercised by the CONTRACTOR by making a written communication to the General Manager informing him of its/his decision to adopt the Alternative Dispute Resolution Machinery. The Alternative Dispute Resolution Machinery shall consist of a Committee (the Committee) of three members selected by the CONTRACTOR from a panel of 5 (five) persons nominated by the General Manager at the request of the CONTRACTOR in order to enable the CONTRACTOR to exercise its option contemplated in Clause 2.1 hereof.

2.1.2 The CONTRACTOR shall not refuse to make a selection within the provisions of Clause 2.1.1 hereof nor after making a selection shall be entitled to contest or otherwise refuse to be bound by the decision of the Alternative Dispute Resolution Machinery referred to hereinabove on the ground that one or more or all the persons nominated by the General Manager for selection of the Committee are employees of the OWNER or is or are otherwise connected with the OWNER and/or have otherwise previously dealt with the matter.

2.1.3 Upon appointment of the Committee, the exercise of the option by the CONTRACTOR to opt for the Alternative Dispute Resolution Machinery shall be deemed to be complete with consequences in this behalf specified in Clause 2.1.0 hereof.

2.2.0 The Committee shall not constitute an arbitral tribunal and shall not act as arbitrators but shall act as an expert body which shall not be bound by any rule or procedure of natural justice or to hear the parties, but shall be entitled to adopt and regulate its own procedure, to consult such experts and other persons as it deems fit (even behind the back of the Parties or any of them), and to hear the Parties separately or not at all, and the proceedings of the Arbitration and Conciliation Act, 1996 shall be inapplicable to its proceedings.

2.3.0 The Committee shall examine the Notified Claims of the CONTRACTOR included in its/his Final Bill and the claims/counter-claims of the OWNER and endeavour to mediate a settlement thereof, failing which the Committee

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shall render its decision thereon. 2.4.0 The decision rendered by the Committee shall be in writing and shall be

final and binding upon the OWNER and the CONTRACTOR. The said decision shall not be required to be supported by any reason and need not be rendered separately in respect of any claim.

3.0.0 GENERAL 3.1.0 The CONTRACTOR shall not refuse to make a selection within the

provisions of Clause 1.1.0 hereof nor after making a selection shall be entitled to contest the Award or otherwise refused to be bound by the decision of the Arbitrator or of the Alternative Dispute Resolution Machinery referred to in Clause 2.1.0 hereof on the ground that one or more or all the persons nominated by the OWNER for selection of the Sole Arbitrator or appointed by the OWNER to constitute the Committee is or are employees of the OWNER or is or are otherwise connected with the OWNER.

3.2.0 Notwithstanding the existence of any arbitration or the adoption of the Alternative Dispute Resolution Machinery in terms hereof or otherwise, the CONTRACTOR shall continue and be bound to continue and perform all its/ his outstanding obligations in all respects under the Contract (unless the Contract is determined by the OWNER), and the CONTRACTOR shall remain liable and bound in all respects under the Contract.

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FORMAT FOR BANK DETAILS OF BIDDERS (To be submitted on the Letterhead of Bidder)

To Dtd.: ________ Indian Oil Corporation Ltd. (Refineries Division), Scope of Complex, Core-2, Lodhi Road, NEW DELHI 110 003. Dear Sir, We hereby give our consent to accept the related payments of our claims / bills on IOCL through Cheques or Internet based online E-payments system at the sole discretion of IOCL. Our Bank account details for the said purpose are as under: Sr. No.

Particulars Details

1. Name and address of the Beneficiary

2. Account Number of Beneficiary

3. Account Classification (CA/CC-11 or 29) & SB-10 as per Cheque leaf.

4. Name and address of the Bank Branch (where payments are to be sent by IOCL)

5. Branch Name / Code

6. The 9 Digit MICR code of the Branch (as appearing on the MICR cheque) *

7. IFSC Code of the Bank Branch for RTGS mode

8. IFSC Code of the Bank Branch for NEFT mode

9. E-mail Id of beneficiary

10. Any other Particulars (to be advised by Beneficiary for the E payments purposes)

11. Vendor Code (To be filled by IOCs Deptt. only)

12. Permanent Account Number (PAN)**

13. Mobile Number (For SMS Alerts)

* A blank copy of a cancelled cheque / photocopy of a cancelled cheque relating to the above account Number for verifying the accuracy of the bank account details is enclosed. ** A copy of PAN Card duly attested by Authorised Signatory for verifying the accuracy of the PAN is enclosed. I / We hereby declare that the particulars given above are correct and complete. Date : Signature of Account Holder Place : with Company Stamp (if a Company) Encl : One cheque / photocopy of cheque duly cancelled & copy of PAN Card. *** We confirm that the above bank account details of beneficiary are correct in all respect and the account of Beneficiary (IOCL Vendor) is maintained at our bank branch.

(Name of the Bank & Branch) Authorised Signatory

*** Verification required only in case (a) vendors not providing a cancelled cheque leaf or if vendors name is not printed/appearing on the cancelled cheque leaf submitted to IOCL office. (b) change in existing bank details.

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Special Conditions of Contract -Technical 1.0 Introduction: In 1982 Gujarat Refinery FCC Unit was commissioned with a capacity of 1 MMTPA. As the requirement of LPG and Gasoline increased, unit has been revamped to 1.5 MMTPA in 1999-2000. It was licensed and designed by M/s UOP and detail engineering was carried out by M/s EIL. M/s IOCL, Gujarat refinery has been facing start up and shut down vibration problem in FCC Reactor-Regenerator (R-R) section. In order to resolve this problem IOCL intend to take services of reputed consultant. 2.0 Definition/Description of Problem: During normal operation of unit and processing of normal t'put @ 5000 -5200 MT/Day, no vibration is observed in R-R section including structural and stand pipe. But during unit start up, shut down and due to any process upset or abnormality, heavy vibration observed in R-R section especially in the Regenerator and connected structures. Above phenomena of vibration generally experienced especially when the Pressure differential between Regenerator -Reactor is slightly negative (unloading of Rx catalyst inventory to RG and going for circulation). Any leakage or unsafe situation due to failure of these equipments is a very big safety concern as the Pressure balance between reactor and regenerator is highly critical parameter. 3.0 Bidder's Scope of services: 3.1 Integrated stress and flexibility analysis of system comprising of Reactor, Regenerator, Regenerated catalyst standpipe, spent catalyst standpipe and external Riser. Carryout piping stress and dynamic analysis. 3.2 Study of As-built Civil-structural drawings of R-R structure. Assessment of structure considering operating loads. 3.3 Assessment of lift supporting structure and preparation of modification sketch, if required. 3.4 Submission of Draft report and resolution of IOCL comments 3.5 Based on above study and review of process data, bidders has to propose remedial measures and provide recommendations along with deliverables as per section 6.0. 4.0 IOCL Scope: The following services will be under IOCL scope: 4.1 Providing operating and design data of both Regenerator (RG) and Reactor(R) to successful bidder. 4.2 Providing Existing RG & R engineering drawings. 5.0 Time Schedule: The time schedule for the completion work shall be five (05) months from the date of LOA/Work Order/FOA/LOI/FOI etc. 6.0 Deliverables: Bidder shall submit the following documents to IOCL after detailed analysis: 6.1 Final Study report with recommendations to solve the vibration problem. 6.2 Stress analysis report containing input data along with final study report. 6.3 Stress Analysis Native files along with final study report. 6.4 Engineering drawings of the proposed modifications along with final study report. 6.5 Spring data sheets (if envisaged) (good for procurement) along with final report. 6.6 Six sets (hard copy) of all the above documents/drawings in hard bound format with 3 sets of the same in soft copy(CD format) with all drawings in AUTO cad format. 7.0 Terms of payment: 7.1: 70% of lumpsum price shall be payable after submission and acceptance of final report. 7.2: 10% of Lumpsum price shall be payable on submission of all deliverables as mentioned in clause no: 6.1 to 6.6 above. 7.3: 20% Lumpsum price shall be payable after completion of work against submission of BG for equal amount. The validity of BG should be 24 months from the date of completion of work order. 8.0 Bidder's Remuneration: Bidders Remuneration shall be as per tender SOR. Bidder has to claim Travel expenses as per actual's and payment shall be done with the original documentary proof of expenses incurred by bidder but limited to the quoted amount at the time of tender. Based on the actual visits and stay at vadoadara for the subject job, IOCL will pay the expenses accordingly. 9.0 Warranties:

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Bidder shall warrants that the services as specified and described under 'Section 3.0 - Scope of Services', and the technical documents to be developed shall be in accordance with sound and established engineering practices, using the applicable Standards, Codes and Regulations, for the purpose specified, free from defects and suitable for respective intended uses. 10.0 Limitation of Bidders Liability: Bidder's overall liability under this proposal for all guarantees or warranties of whatsoever nature, whether expressed or implied, and for all causes whatsoever, shall be limited to providing corrective services without any additional cost to IOCL, for any faulty services arising due to reasons solely attributable to bidder, i.e. error or omission in the technical work/ services performed by bidder in respect of Bidder's scope of services, provided that no such liability shall lie six months after the implementation of the bidders recommendation as defined under this proposal. 11.0 Guaranty & liability: The overall liability of Bidder shall be limited to providing the corrective engineering services in case of faulty engineering, reasons for which vibrations of R_R section was not eliminated and reasons solely attributable to bidder at no extra cost to Gujarat refinery within the 6 months period from the date of implementation of the recommendation. 12.0 List of Drawings: The following drawings are attached in the tender:- 1) Regenerator GA drawing:PV-21602-A-000 SH-1 (REV-2) & SH-2 (REV-1) 2) External Raiser:MR-ER-45652-011-SH-1of2 (REV-04) & SH-2of2 (REV-04) 3) VSS reactor: MR-RR-45652-001-SH-1of2 (REV-02) & SH-2of2 (REV-02) Any other drawings required shall be provided to the successful bidder after placement of work order.

IOCL General Conditions of Contract (GCC) and SCC shall not be applicable for this contract. However Security Deposit as mentioned in the GCC and further reproduced as herewith shall be applicable for this contract. Section 2.1.0.0 SECURITY DEPOSIT: 2.1.1.0 The CONTRACTOR shall furnish Security Deposit in the amount equivalent to 10% (ten percent) of the total

contract value. Such Security Deposit is to be held by the OWNER as security for the due performance of the CONTRACTOR's obligations under the contract.

2.1.1.1 The Security Deposit shall be made up of the Initial Security Deposit, and the Retention Monies, of a sum equal to 10% (ten percent) of the total (gross) value of each bill, up to and until the recovery of full Security Deposit to the extent specified in Clause 2.1.1.0 hereof is achieved. The deductions for the retention money(ies) will be stopped after the Security Deposit limit of 10% (ten percent) of the Total Contract Value is reached, unless otherwise required in terms of Clause 2.1.1.6 hereof.

2.1.1.2 The CONTRACTOR shall, within 10 (ten) days of the receipt of Acceptance of Tender issued by the OWNER, deposit Initial Security Deposit in an amount equal to 2.5% (Two and one half percent) of the total contract value as aforesaid, in one or more of the following modes, subject to the stipulation(s) contained in the said Acceptance by the OWNER: a) by Demand draft/Pay Order drawn on a Banking Branch of a Nationalised/Scheduled Bank payable to the

OWNER at the location where the Office of the OWNER is situated. (cheques shall not be accepted). b) If the Earnest Money Deposit has been made in cash or by Demand Draft, the CONTRACTOR may be permitted

to adjust the same towards part of the Initial Security Deposit and pay the balance in the manner stipulated at (a) above.

c) By Bank Guarantee(s) in the prescribed form as included in the Tender Documents, from a Scheduled Bank in India acceptable to the OWNER, provided the amount covered by such Bank Guarantee is not less than Rs.1,00,000/- (Rupees One Lakh only). This Bank Guarantee shall be valid upto a period of 3 (three) months beyond the end of the Defects Liability period.

2.1.1.3 The CONTRACTOR will be permitted to furnish a Bank Guarantee for the full Security Deposit of 10% (ten percent) of the Total Contract Value, in advance, in which case, no Initial Security Deposit will be required to be furnished and no deductions shall be made from his running bills towards Retention Money, except as may be required in terms of clauses 2.1.1.1 and 2.1.1.6 hereof.

2.1.1.4 The CONTRACTOR may, at any time and from time to time, during the course of or after completion of the work, with the permission of the OWNER, substitute his cash security deposit, including retention money(ies) deducted from his bills and lying with the OWNER, by Bank Guarantee(s) in the prescribed proforma from a Scheduled Bank in India acceptable to the OWNER and withdraw the equivalent cash amount(s), provided the amount covered by any such Bank Guarantee is not less than Rs.1 lakh (Rupees One lakh only).

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2.1.1.5 The Earnest Money deposited by the CONTRACTOR along with his Tender shall, unless it has been adjusted in accordance with clause 2.1.1.2(c) above, be refunded by the OWNER, after the Initial Security Deposit or the full Security Deposit, as the case may be, has been deposited by the CONTRACTOR.

2.1.1.6 If at any time during the course of the work, the gross value of the work, as reflected by the Running Bills submitted by the CONTRACTOR has in the opinion of the OWNER (which shall be final and binding on the CONTRACTOR), exceeded or is likely to exceed the Total Contract Value indicated in the acceptance of Tender, the CONTRACTOR shall be bound to pay further Security Deposit as will make up the total Security Deposit to 10%(ten percent) of the then anticipated Contract Value, failing which the OWNER shall be at liberty to make such deductions towards Retention Money(ies) from the CONTRACTORs Running Bills, and will, at all times, ensure that the Security Deposit does not fall below 10% (ten percent) of the gross value of the work, as reflected by the gross payments made to the CONTRACTOR, without taking into account any deductions. If the shortfall in Security Deposit is discovered after completion of the work, the shortfall shall be made good by the CONTRACTOR on demand from the OWNER, failing which, it will be recovered from any money(ies) due to the CONTRACTOR from the OWNER under this contract and/or any other contract with the OWNER.

2.1.1.7 If after completion of the work, the Total Contract Value falls below the Total Contract Value as indicated in the Acceptance of tender, such that the total Security Deposit (made up of initial Security Deposit and Retention Money(ies) or otherwise) in the hands of the OWNER is in excess of the Total Security Deposit calculated at 10% (ten percent) of the reduced contract value, such excess amount, as is in the form of cash in the hands of the OWNER, shall be refunded to the CONTRACTOR alongwith the Final Bill. If the Security Deposit furnished by the CONTRACTOR to the OWNER in the form of Bank Guarantees is in excess of the full Security Deposit calculated on the contract value, by over Rs.1 lakh, the CONTRACTOR shall be permitted to replace the Bank Guarantee(s) already submitted, by Bank Guarantee(s) to cover the reduced value of Security Deposit.

2.1.1.8 The Security Deposit shall be held by the OWNER as security for the due performance of the CONTRACTOR's obligations under the Contract, PROVIDED that nothing herein stated shall make it incumbent upon the OWNER to utilize the Security Deposit in preference to any other remedy which the OWNER may have, nor shall be construed as confining the claims of the OWNER against the CONTRACTOR to the quantum of the Security Deposit.

2.1.1.9 The Security deposit including the Earnest Money / Retention money(ies), and other withheld amounts from the Running Account Bill(s), if any, at any time remaining in the hands of the OWNER, shall be free of any liability for payment of any interest to the CONTRACTOR.

2.1.1.10 Upon determination of the contract prior to completion of work(s) for any cause, the OWNER shall in so far as the Security Deposit constitutes cash refund and in so far as the Security Deposit is in any other form, release/discharge/return, as the case may be, to CONTRACTOR, the unutilized balance of the Security Deposits, if any, for the time being remaining in the hands of the OWNER after settlement of accounts and discharge of all amounts due from the CONTRACTOR to the OWNER and fulfillment of all obligations of the CONTRACTOR.

2.1.2.0 In case Mobilisation Advance is paid to the CONTRACTOR under the provisions of Clause 6.4.6.0 hereof, it shall be permissible for the CONTRACTOR to furnish a Composite Bank Guarantee to cover both Mobilisation Advance as well as Retention Monies forming part of the Security Deposit, which shall be subject to the following conditions: a) The Composite Bank Guarantee will be for a value equivalent to the advance or 10% (ten percent) of the Total

Contract Value, whichever is greater, and shall be kept valid upto 3 (three) months beyond the expiry of the Defect Liability Period;

b) In addition, Initial Security Deposit shall be payable as laid down in Clause 2.1.1.2 hereof; c) Recoveries will be effected from each Running Account Bill at the rate of 10% (ten percent) of the gross bill

value, till the entire Mobilisation Advance (together with interest accrued thereon) is fully recovered; d) Initially, the composite Bank Guarantee will be entirely reckoned towards Mobilisation Advance and

progressively, the portions of Composite Bank Guarantee, vacated by the recoveries effected towards Mobilisation Advance, shall be reckoned towards Security Deposit, such that after the Mobilisation advance stands fully recovered with interest accrued thereon, the entire composite Bank Guarantee shall be reckoned to cover the Security Deposit for the Work. The Initial Security Deposit furnished by the Contractor under (b) above shall be refunded / returned after recovery of Mobilisation Advance is effected from the R.A. Bills upto an aggregate amount equivalent to the Initial Security Deposit.

e) All the other stipulations hereof in respect of Security Deposit shall apply. 2.1.3.0 The CONTRACTOR shall from time to time at the request of the OWNER suitably extend validity of any Bank

Guarantee (whether furnished by way of initial Security Deposit, Security Deposit or Composite Bank Guarantee) or to secure any advance for such period(s) as may from time to time be required by the OWNER failing which, without prejudice to any other right or remedy available to the OWNER, the OWNER shall be entitled to encash the Bank Guarantee.

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Instructions regarding Service Tax

1. From 10.9.04 onwards, service tax has become cenvatable. Thus, IOCL shallavail CENVAT on service tax paid to contractors.

2. This implies that whenever, a service is availed of by IOCL after the cut offdate of 10.9.04, IOCL will be in a position to take the benefit of CENVAT onservice tax. Hence, the payment of service to contractor will be made againsta proper service tax invoice only.

3. The proper service tax invoice implies that it should contain followingcharacteristics:

a. An Original bill of the service provider who has rendered theservice is required

b. Name and address of the service provider,c. Name and address of the service enjoyer or client,d. Bill Sr. No and date,e. Description and classification of services provided ,f. Value of taxable services,g. Period of service providedh. Rate of service tax and amount thereof,i. Rate of Education cess and amount there of,j. Service tax code no. of service providerk. Service tax Registration No. of the service provider,l. Invoice must express ISSUED UNDER RULE-4A(1) OF the

SERVICE TAX RULES,1994.m. There should not be any overwriting or corrections in the invoice. if

at all there is any correction, the same should be dulyauthenticated by the person who has signed the bill.

4. In case the offer is to be quoted price is including service tax; then, thecontractor will have to bifurcate the quoted amount, to show separately theamount of service tax in their invoice.

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FORM OF TENDER

(To be filled up by the Tenderer)

For Commercial Bid

Serial No. Date:

From

ToIndian Oil Corporation Ltd.(Refineries/Pipelines Division)_ Refinery/Project

Tender No. Dear Sirs,

Having examined the Tender Documents, Time Schedule, Form of Contract, Form of Schedule ofRates, and Addendum(a) to the Tender Documents, and having understood the provisions of the saidTender Documents and having thoroughly studied the requirements of Indian Oil Corporation Ltd.relative to the work tendered for in connection with the (Name of theRefinery/Project) and having conducted a thorough study of the job site(s) involved, and all otherfacilities and things whatsoever necessary for or relative to the formulation of the tender or theperformance of work, I/we hereby submit my/our tender offer for the performance of proposed work inaccordance with the terms and conditions and within the time mentioned in the Tender Documents.

In consideration of the sum of INR 1.00 (INR one) only paid to me/us by Indian Oil CorporationLtd., by adjustment in the price of Tender Documents, I/We further undertake to keep my/our thistender offer open for a period of not less than 4 (four) months from the scheduled date of opening ofTenders. as specified in the General Instructions to Tenderers forming part of the Tender Documents.

I/We hereby further state that I/We/None of us (in the case of partnership firm) and none of ourDirectors (in the case of a Company) was/were employed as Directors of Indian Oil Corporation Ltd.,during the period of 2 (two) years immediately preceding the date hereof OR I/We hereby declarethat I/Shri one of our partners (in the case of partnership firm/Directorsin the case of a Company) was employed as a Director in Indian Oil Corporation Ltd., during theperiod of 2 (two) years immediately preceding the date hereof and that I/Shri have/has obtained previous permission of Indian Oil Corporation Ltd. to make this tender.

I/We have annexed to this Bid the following documents:

(i) Schedule of Rates in the prescribed form.(ii) Original Power of Attorney or other proof of authority of the person who has signed the

Tender OR copy of Power of Attorney attested by a Gazetted Officer or a Notary Public inproof of the authority of the person who has signed the Tender.

(iii) Set of Tender Documents, as issued duly signed.(iv) Additional Documents as listed below.

I/We hereby undertake that the statements made herein/information given in the Annexures referredto above are true in all respects and that in the event of any such statement or information beingfound to be incorrect in any particular, the same may be construed to be a misrepresentation entitlingIndian Oil Corporation Ltd. to avoid any resultant contract.

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I/We further undertake as and when called upon by Indian Oil Corporation Ltd. to produce, for itsinspection, original(s) of the document(s) of which copies have been annexed hereto.

(Signature(s) of the Tenderer(s))

Name & Designation ofauthorised person

signing the Tender on behalf ofthe Tenderer (s)

Full Name and address of the Bidder(s)Witness :Signature :Name :

Occupation :

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INFORMATION ABOUT TENDERER(To be furnished with Tender)

1. In case of Individual1.1 Name of Business :1.2 Whether his business is registered :1.3 Date of Commencement of business :1.4 Whether he pays Income Tax over Rs.10,000/- per year :1.5 Whether he is a Director or is related to any Director of IOC

present or retired within the past 2 years :1.6 Permanent Account Number :1.7 What are his profits/losses for the past 3 (three) years with a

copy of Balance Sheet and Profit & Loss Account for thepast 3 (three) years with a copy of the audited balancesheets and Profit & Loss account for the past 3 (three) years:

1.8 What are his concurrent job commitments :1.9 How does he propose to finance the work if awarded to him :

2. In case of Partnership2.1 Name of Partners :2.2 Whether the partnership is registered :2.3 Date of establishment of firm :2.4 If each of the partner of the firm pays Income tax over

Rs.10,000/- a year and if not, which of them pays the same :2.5 Whether any partner of the firm is a Director or is related to

any Director of IOC, present or retired within the past 2years.

2.6 Permanent Account Number :2.7 What are the firms profits/losses for the past 3 (three) years

with a copy of Balance Sheet and Profit & Loss Account forthe past 3 (three) years :

2.8 What are the firms concurrent job commitments :2.9 How does the firm propose to finance the work if awarded to

him :3. In case of Limited Company or Company Limited by

Guarantees :3.1 Amount of paid up capital :3.2 Name of Directors :3.3 Date of Registration of Company :3.4 Copies of the Balance Sheet of the company of the last two

years :3.5 Whether any of the Directors of the Company is a Director or

is related to any Director of IOC, present or within the past 2years;

3.6 Permanent Account Number3.7 What are the Companys profits/losses for the past 3 (three)

year