Tender Document NIF

7/28/2019 Tender Document NIF

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OIL AND NATURAL GAS CORPORATIONLTD.

ASSAM ASSET, NAZIRA, SIVASAGAR, ASSAM

TENDER DOCUMENT

(INTERNATIONAL COMPETITIVE BIDDINGIN TWO BID SYSTEM)

FORPROCUREMENT OF NON INVASIVE FLUID

ADDITIVE (NIF)

(E- TENDER)

Tender No. : R17DC13001

Tender fee : INR 45,000.00 for Domestic biddersUS$ 1,000.00 for foreign bidders

Tender Sale Period : 26.03.2013 to 16.04.2013

Tender Closing date & Time : 15.05.2013 at 14:00 Hrs.Tender Opening date & Time : 15.05.2013 at 15:00 Hrs.

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OIL AND NATURAL GAS CORPORATION LIMITEDASSAM ASSET, MATERIALS MANAGEMENT

OFFICE OF GM-HMM, ROB-III, 1ST FLOOR, NAZIRA-785685

Ph No.037722-241618/ 241645, Fax No. 03772 252365/ 241618

File No: NZR/MM/CHEM/MS/NIF/26/2012-13 Dated : 26.03.2013

I N V I T A T I O N TO B I D

1.0 Oil and Natural Gas Corporation Limited, Materials Management Department, ROB-III,ONGC, Assam Asset, Nazia-785 685 invites e-bids under International CompetitiveBidding (e- procurement system) in Two Bid System, against open tender for procurement of Non Invasive Fluid Additive (NIF) details as given below:

2.0 Salient Features of the Tender are as under :

2.1 Tender No. NZR/MM/CHEM/MS/NIF/26/2012-13/R17DC130012.2 Type of Tender International Competitive Bidding (e- procurement

system) in Two Bid System2.3 Description of Item Non Invasive Fluid Additive (NIF),

Quantity – 251,590 LB2.4 Delivery Period As per Special Instructions at Annexure-X2.5 Terms of Delivery

For Foreign Bidders: FOB Port of Export / CFR or CIF

For Indian Bidders: F.O.R Destination, ONGC Stores,Lakwa

2.6 Tender Sale Period 26.03.2013 to 16.04.20132.7 Closing of tender 15.05.2013 (14.00 Hrs.)2.8 Date and Time for

opening of Techno-commercial (un-priced) bids

15.05.2013 (15.00 Hrs.)

2.9 Date and Time for opening of PhysicalDocuments

23.05.2013 (15:00 Hrs.)

2.10 Tender Fee (i) For domestic bidders : 45,000.00(Rupees Forty- Five Thousand only)

(ii) For foreign bidders: US$ 1000.00 (USDollar One Thousand only)

The tender fee shall be collected through onlinepayment gateway only. The prospective bidders cancreate their bid online only after payment of tender fee.The payment of tender fee through electronic paymentgateway can be made using Credit cards or BankTransfer.

Any subsequent reversal/non-realisation of e-paymentwould lead to rejection of bids submitted by such

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bidders.

The Small Scale Industrial (SSI) Units which arethemselves registered with NSIC under Single pointRegistration Scheme (and not their dealers/distributors)are exempted from payment of tender fee for the items

they are registered with NSIC. The GovernmentDepartments are also exempted from payment of tender fee. The firms registered with ONGC under Indigenization Programme will not qualify for exemptionfrom payment of tender fee. Firm registered with NSIC,claiming exemption from payment of tender fee shouldsubmit their request with all credentials to the tender administrator (dealing officer) at least 7 days inadvance of last date for tender fee payment, to getaccess for participation in the tender.

No separate proof for sale of bidding document

shall be required to be submitted along with the bidmade by bidders in e-procurement tenders.

2.11 Place for submissionof physical documents

Office of GM (MM) - Head MM, ONGC, ROB-III, 1stFloor, Room No.205, MM Department, Nazira-785 685, Assam Asset, Assam (India).

Tender Receiving Officer : Shri Jyoti Kr. Singh, MMO

Leave Reserve Officer : Shri Motilal Prasad, MMO2.12 Bid security (Earnest

Money Deposit / Bidbond/ Bid Security)

(i) For domestic bidders : 10,94,470.00(Rupees Ten Lakhs Ninety-Four Thousand Four Hundred and Seventy only)

(ii) For foreign bidders: US$ 21,890.00 (U$Dollar Twenty One Thousand Eight HundredNinety only)

The Bidders who are furnishing EMD in the form of BID BOND/Bank Guaranteefrom any Indian Bank shall furnish the same on non-judicial stamp of as per theinstruction provided in the Booklet provided. The bid bond should be valid upto120 days from date of opening of tender. Bidders may also furnish EMD in theform of Bank Draft or Banker's/Cashier's Cheque valid for 180 days from thedate of issue of the same from any Indian Nationalized Bank/Schedule Bank.

NOTE: Bid Bond Validity upto 120 days from the date of opening of tender

2.13 Bid validity 90 days from bid closing/opening date.2.14 Security Deposit /

Performance BankGuarantee (PBG)

Required from successful Bidder. Security deposit /PBG must be submitted within 15 days from the dateof issue of firm LOI/Supply Order. The Bidder whofurnishing in the form of Performance Bank Guaranteefrom any Indian Bank shall furnish in the same onNon-judicial stamp paper as per the instructionscontained in Booklet(i) Amount: 7.5% of order Value(ii) PBG Validity: Beyond Sixty days from the

date of delivery.2.15 Address for General Manager (MM),

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Correspondence ROB-III, 1st Floor, Room No. 205,ONGC, Assam Asset, Nazira-785 685, Assam (India),FAX No. : 03772 252365 / 241638Tel. No. : 03772 241618 / 241645

3.0 DELIVERY SCHEDULE : As per Special Instructions at Annexure-X

4.0 SALE OF BIDDING DOCUMENTS :

Bidding documents will be on sale from 26.03.2013 to 16.04.2013 through ONGC’s e-tender web site https://etender.ongc.co.in.

The tender fee shall be collected through online payment gateway only. The paymentof tender fee through electronic payment gateway can be made using Credit Cards or Bank Transfers.

In case of any subsequent reversal of credit against Credit Card payment would leadto rejection of bids submitted by such bidders.

The Small Scale Industrial (SSI) Units which are themselves registered with NSICunder Single point Registration Scheme (and not their dealers/distributors) areexempted from payment of tender fee for the items they are registered with NSIC.The Government Departments are also exempted from payment of tender fee. Thefirms registered with ONGC under Indigenization Programme will not qualify for exemption from payment of tender fee. Firm registered with NSIC, claimingexemption from payment of tender fee should submit their request with all credentialsto the tender administrator (dealing officer) at least 7 days in advance of last date for tender fee payment, to get access for participation in the tender.

The prospective bidders can create their bid online only after payment of tender fee.

No separate proof for sale of bidding document shall be required to be submittedalong with the bid made by bidders in e-procurement tenders.

5.0 Please note that all tender forms and supporting documents are to be submittedthrough ONGC E-procurement site including scanned copies of the followingdocuments, which are to be submitted in physical form in sealed envelope super scribed with tender No. and due date of tender opening:

(i) The original bid security / bid bond.(ii) “Integrity Pact” duly signed(iii) Laboratory test report in original or copy duly attested by the issuing Laboratory

or notary attested.(iv) The power of attorney or authorisation, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder, in original, whenpower of attorney is special power of attorney relating to the specific tender of ONGC only. A notarized true copy of the power of attorney shall also beaccepted in lieu of the original, if the power of attorney is a general power of attorney. However photo copy of such notarized true copy shall not be accepted.

6.0 Organization of Bidding Documents :

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This bidding document in e bid system is organized as under :

ANNEXURE - I : Instructions to Bidders ANNEXURE - II : General Conditions of Contract (GCC) ANNEXURE - III : Technical Specifications, Packing & Marking & Special

Instructions ANNEXURE - IV : Bid Evaluation Criteria. ANNEXURE - V : Bid Matrix ANNEXURE - VI : Price bid format ANNEXURE - VII : Integrity Pact ANNEXURE - VIII : Bidder’s Response Sheet ANNEXURE - IX : Format for ECS payment ANNEXURE - X : Declaration of bidder ANNEXURE - XI : Undertaking of bidder for acceptance of terms & conditions

Manager (MM)-ChemicalsONGC, Assam Asset,

Nazira, Sivasagar, Assam

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ANNEXURE-I

INSTRUCTIONS TO BIDDERS

A: INTRODUCTION

1.0 ELIGIBLE BIDDERS : 1.1 The bid should be from actual manufacturers. 1.2 The bids from sole selling agents/authorised distributors/ authorised dealers /

authorised Supply houses can also be considered, provided such bids areaccompanied with back-up authority letter from the concerned manufacturerswho authorised them to market their product, provided further such an authorityletter is valid at the time of bidding. Offers without back-up authority frommanufacturer will not be considered. Required warranty cover of themanufacturers for the product will be provided by such Supplier.

1.3 Bidders should not be associated, or have been associated in the past, directlyor indirectly, with a firm or any of its affiliates which have been engaged bythe Purchaser to provide consulting services for the preparation of the design,specifications and other documents to be used for procurement of the goods tobe purchased under this Invitation for Bids.

1.4 Provision deleted

2.0 TENDER FEE :

2.1 The bidders shall be able to create the bid only after payment of tender fee.However, MSEs (and not their dealers/distributors) registered with District

Industry Centers or Khadi and Village Industries Commission or Khadi and VillageIndustries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME are exempted from payment of tender fee for the items they areregistered with District Industry Centers or Khadi and Village IndustriesCommission or Khadi and Village Industries Board or Coir Board or National SmallIndustries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME. The Government Departments are alsoexempted from payment of tender fee. The firms registered with ONGC under Indigenisation Programme will not qualify for exemption from payment of tender fee.

2.2 Refund of tender fee :

In the event a particular tender is cancelled, the tender fee will be refunded tothe concerned Bidder.

3.0 TRANSFER OF BIDDING DOCUMENT :

The Bidding document is not transferable.

4.0 ELIGIBLE GOODS AND SERVICES :

4.1 The Bidder will mention in its bid the origin of the goods and ancillary services tobe supplied under the Contract.

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4.2 For the purpose of this clause, "Origin" means the place where goods are mined,

grown or produced or from where ancillary services are supplied. Goods areproduced when through manufacturing, processing or substantial and major assembling of components, a commercially recognised product results that issubstantially different in basic characteristics or in purpose or utility from itscomponents.

4.3 The origin of goods and services is distinct from the nationality of the Bidder.

5.0 COST OF BIDDING :

5.1 The Bidder shall bear all costs associated with the preparation andsubmission of its bid, and the Purchaser will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the biddingprocess.

B: THE BIDDING DOCUMENT

6.0 CONTENT OF BIDDING DOCUMENTS :

6.1 The goods required, bidding procedures and Contract terms are described inthe bidding document. The bidding document consists of two parts. The firstpart is this booklet No. ONGC/MM/01 (for global tenders) containing theannexures I and II of the bidding document. The second part will consist of theInvitation for Bids and the annexure III and IV, which will be supplied separatelyby ONGC in each tender. In addition to the Invitation for Bids, the biddingdocuments include:

ANNEXURE I : Instructions to Bidders with following Appendices

Appendix 1 : Bidding Document Acknowledgement proforma Appendix 2 : Bid submission proforma Appendix 3 : Bid submission Agreement proforma. Appendix 4 : Bid Bond Bank Guarantee proforma Appendix 4A : Irrevocable Letter of Credit towards EMD proforma Appendix 5 : Check List. Appendix 6 : Deleted. Appendix 7 : Proforma of Bidder's past supplies Appendix 8 : Proforma of Information on Bidder Appendix 9 : Proforma of Bidders Response sheet. Appendix 10 : Proforma of Authorisation Letter for attending Tender

Opening Appendix 11 : Proforma of Certificate on Relatives of Directors Appendix 11A : Extract of Section 297/299 of the Companies Act, 1956 Appendix 12 : List of Foreign banks acceptable to ONGC for issuance

of Bank Guarantees.

ANNEXURE II: General Conditions of Contract (GCC) with followingappendices.

Appendix 1 : Proforma of Performance Bond Bank Guarantee. Appendix 2 : Proforma for intimation regarding readiness of materials for

stage/final inspection.

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Appendix 3 : Shipping clause.

6.2 The Bidder is expected to examine all instructions, forms, terms and specificationsin the bidding documents. Failure to furnish all information required by the biddingdocuments or submission of bid not substantially responsive to the biddingdocuments in every respect will be at the Bidder's risk and may result in the

rejection of its bid without seeking any clarifications. 7.0 AMENDMENT TO BIDDING DOCUMENTS : 7.1 At any time prior to the deadline for submission of bids, the Purchaser may, for any

reason, whether at its own initiative or in response to clarification(s) requested bythe prospective Bidder(s), modify the bidding documents by amendment(s).

7.2 All prospective Bidders that have received the bidding documents will be notified of

the amendments in writing or by cable.

7.3 In order to allow prospective Bidders reasonable time in which to take the

amendments into account in preparing their bids, the Purchaser may, at itsdiscretion, extend the deadline for the submission of bids.

C. PREPARATION OF BIDS

8.0 LANGUAGE AND SIGNING OF BID : 8.1 The bid prepared by the bidder and all correspondence and documents relating to

the bid exchanged by the Bidder and the Purchaser, shall be written in Englishlanguage. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accuratetranslation of the relevant passages in English, in which case, for purposes of interpretation of the bid, the translation shall prevail.

8.2 The Prices along with price related conditions shall be filled online in the Price-Bidscreen. Any documents sought to be attached with price bid shall also be attachedat appropriate place.

Unpriced techno-commercial Bids shall be submitted in the prescribed bidproforma as per appendices 1,2,3,5,7,8,10,11& 11A of Annexure-I. The aboveappendices shall be duly filled in without any alteration to ONGC’s proformawhether quoting for full items or not. The above appendices along with copy of BidBond as per Appendix 4 and all other techno-commercial documents other than

price details to be submitted with unpriced bid as per tender requirement should beplaced in the un-priced bid folder.

The bid and all attached documents should be digitally signed using digitalsignatures issued by an acceptable Certifying Authority (CA) as per Indian IT Act2000 before bid is uploaded. If any modifications are made to a document after attaching digital signature, the digital signature shall again be attached to suchdocuments before uploading the same.

The authenticity of above digital signature shall be verified through authoised CAafter bid opening and in case the digital signature is not authorized the bid will berejected.

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Bidder is responsible for ensuring the validity of digital signature and it’s proper usage by their employee.

8.3 In the event of the space on the bid proforma being insufficient for the required

purpose, additional pages may be added. Each such additional page must benumbered consecutively, showing the tender number and duly signed. In suchcases reference to the additional page(s) must be made in the bid.

8.4 The bid proforma referred to above, if not attached in unpriced bid folder or if attached but not duly filled in will be liable to result in rejection of the bid.

8.5 The Bidders are advised in their own interest to ensure that all the points brought

out in the check list enclosed at Appendix-5 are complied with in their bid failingwhich the offer is liable to be rejected.

8.6 The bids can only be submitted in the name of the Bidder in whose name the bid

documents were issued by ONGC. The bid papers, duly filled in and complete inall respects shall be submitted together with requisite information and Annexures / Appendices. It shall be complete and free from ambiguity, change or interlineations.

8.7 The bidder should indicate at the time of quoting against this tender their full postaland telegraphic/telex addresses and also similar information in respect of their authorised agents in India, if any.

8.8 The bid including all attached documents shall be digitally signed by dulyauthorized representative of the bidding company. Power of attorney for thesignatory, issued by the bidding company should be submitted alongwith other documents as per tender conditions in physical form in sealed envelope as per

relevant clause regarding submission and opening of bids contained in the tender document.

8.9 The bidder shall clearly indicate their legal constitution and the person digitallysigning the bid shall state his capacity and also source of his ability to bind theBidder.

8.10 The copy of power of attorney or authorisation, or any other document consisting

of adequate proof of the ability of the signatory to bind the bidder, shall beannexed with unpriced bid folder. ONGC may reject outright any bid not supportedby adequate proof of the signatory's authority.

8.11 The Bidder, in each tender for procurement of goods, will have to give a certificatein its offer, that the terms and conditions (Annexure I and II), as laid down in thismodel bidding document booklet no. ONGC/MM/01 are acceptable to it in toto.

8.12 Any interlineations, erasures or overwriting shall be valid only if they are initialedby the person or persons signing the bid.

8.13 The complete Bid including the prices must be written by the Bidders in indelibleink. Bids and/or prices written in pencil will be rejected.

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a) Online priced bid format. b) Documentary evidence establishing that the Bidder is eligible to bid and is

qualified to perform the Contract if its bid is accepted. The documentaryevidence of the Bidder's qualifications to perform the Contract if its bid isaccepted, shall establish to the Purchaser's satisfaction:

(i) that, in the case of a Bidder offering to Supply goods under the Contract

which the Bidder did not manufacture or otherwise produce, the Bidder has been duly authorised by the good's Manufacturer or producer toSupply the goods in India;

(ii) that the Bidder has the financial, technical and production capabilitynecessary to perform the Contract;

(iii) that, in the case of a Bidder not doing business within India, theBidder is or will be, if awarded the Contract, represented by an Agent inIndia equipped and able to carry out the Supplier's maintenance, repair

and spare parts stocking obligations prescribed in the Conditions of the Contract and/or Technical Specifications; and

(iv) that the Bidder meets the qualification criteria listed in the Bid DataSheet.

c) Documentary evidence that the goods and ancillary services to be supplied by theBidder are eligible goods and services and conform to the requirements of biddingdocuments.

(i) The documentary evidence of the eligibility of the goods and services shallconsist of a statement in the price schedule on the country of origin of thegoods and services offered which shall be confirmed by certificate of originfrom the concerned Chamber of Commerce at the time of shipment.

(ii) The documentary evidence of conformity of the goods and services to thebidding documents may be in the form of literature, drawings and data andshall consist of:

1) A detailed description of essential technical and performance

characteristics of the goods.

2) A list giving full particulars including available sources and currentprices of spare-parts, special tool etc. necessary for the proper andcontinuing functioning of the goods for a period of one year.

3) An item by item commentary on the Purchaser's Technical Specifications

demonstrating substantial responsiveness of the goods and services tothose specifications, or a statement of deviations and explanation to theprovisions of the technical specifications.

d) Bid Security.

e) (Clause deleted)

f) Bid submitted by foreign Bidder shall include a detailed description of therelationship between the bidder and its Local Agent/ Consultant / representative/retainer including specific services to be rendered, permanent income tax

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account number of agent/consultant/representative/retainer, permanent incometax account number of foreign bidder and amount of commission or other payments.

g) Bid must accompany necessary literature/catalogue of the equipment as well asof the spare parts catalogue thereof failing which the bid will be rejected.

h) Bidding Document Acknowledgement Formi) Bid Submission Form

j) Bid submission Agreement Form.

k) Check List.

l) Exceptions/Deviations Form

m) Bidder's past supplies Form

n) Form on Information on Bidder

o) Authorisation letter for Tender Opening

p) Certificate on Relatives of Directors.

q) Back-up Authority Letter alongwith warranty cover of manufacturer in casethe bid is from sole selling agent/ authorised distributor/ authorised dealer /authorised Supply house.

r) Integrity Pact (IP) (applicable for tenders above Rs.1.00 crore)

Proforma of Integrity Pact (which is issued along with the bidding document) shall bereturned by the bidder along with technical bid, duly signed by the same signatorywho signs the bid, i.e. who is duly authorized to sign the bid. All the pages of theIntegrity Pact shall be duly signed by the same signatory.

s) Indigenous Bidders should submit copy of valid registration certificate under the VAT /Sales Tax rules. Further, wherever the scope of Supply involves rendering of anytaxable service alongwith Supply of goods/materials, the Bidder (other than theService providers from outside India, who do not have any fixed establishment or permanent address in India) should submit copy of a valid registration certificateissued by concerned authorities of Service Tax department. In case the registrationcertificate for the quoted category of service is not available at the time of submissionof offer, an undertaking should be furnished for submission of copy of requisiteservice tax registration certificate alongwith the first invoice submitted for paymentagainst the purchase order.

(t) The bidder should submit a declaration to the effect that neither the bidder themselves, nor any of its allied concerns, partners or associates or directors or proprietors involved in any capacity, are currently serving any banning orders issuedby ONGC debarring them from carrying on business dealings with ONGC.

11.0 PRICE SCHEDULE :

11.1 The Bidder shall fill in completely all fields in the online price bid format in respect of items quoted including but not limited to prices and pricing conditions.

11.2 Bid Prices :

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11.2.1 The bidders shall indicate on the online price bid format, the price element for unitquantities and the quantities quoted.

11.2.2 The bidders must quote the following prices/information:

i) Tthe port of Embarkation and Currency in which the Letter of Credit is tobe opened.

iii) Gross weight and volume of each item.

11.2.3 Deleted (Not relevant in view of e-procurement and online price bids)

11.2.4 FOB/C&F/CIF prices should be exclusive of Indian Agent's commission, if any,which should be indicated in the specified filed. The Indian Agent's commission willbe paid in non-convertible Indian currency.

11.2.5 Filo / Fislo :

The terms for prices under FILO and FISLO will not be acceptable.

11.2.6 Indian Bidders must quote firm FOR destination price by rail or road. 11.2.7 The terms ex- works, CIF, CIP etc. shall be governed by the rules prescribed in

the current edition of INCOTERMS published by the International Chamber of Commerce, Paris.

11.2.8 ONGC reserves the right to place the order either on FOB or C&F/CIF basis. 11.2.9 Prices quoted by the bidder shall be firm during the bidder's performance of the

Contract and not subject to variation on any account.

11.2.10 Offer for whole as well as reduced quantity :

Bidders must quote for the full quantity of goods for each of the tendered item or category or group, in case the Bid Evaluation Criteria stipulated by ONGC providesfor evaluation of bids separately for such item or category or group of items.

Bidders can however quote for part quantity of the tendered item /category /group, if the Bid Evaluation Criteria specifically provides for doing so. In such event, thebidders can send EMD/ Bid security according to the quantity offered, (not exceedingthe EMD/ Bid Bond/ Bid Security specified for entire tender).The amount of EMD/ Bidbond for part quantity must be as indicated in Bid Evaluation Criteria.

11.3 Payment of Excise Duty, VAT/Sales Tax (on ultimate products), Customs Duty(for Indian Bidders) and Service Tax (on taxable services, if any) :

11.3.1 Payment of Excise Duty, VAT/Sales Tax (on ultimate products), Customs Duty (for Indian Bidders) and Service Tax (on taxable services, if any, which is part of scope of Supply), as applicable on the closing date of tender will be to SUPPLIER's /Contractor's account. In the case of "Two Bid" system where revised price bids arepermitted after techno-commercial discussions, payment of these charges, asapplicable on closing day of revised price bid, will be to SUPPLIER's/ Contractor'saccount.

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In the event of introduction of any new legislation or any change or amendment or enforcement of any Act or Law, rules or regulations of Government of India or StateGovernment or Public Body which becomes effective after the date of submission of Price Bid/revised priced bid, as the case may be, as indicated above, but within theContractual delivery/completion period, the ‘net impact’ of any variation (both plusand minus) in the value of Supply order / Contract through increased / decreasedliability of taxes / duties (i.e. the amount of taxes/duties payable minus eligible creditof taxes / duties paid on inputs / input services) will be to the account of ONGC.

The bidder(s) will indicate separately in their bid the amount with exact rate of Customs Duty and the applicable item of customs tariff under which it is covered.Similarly the amount of Excise Duty and VAT/Sales Tax on ultimate finished product,as applicable at bidding stage, will be shown separately in the bid.

Wherever the scope of Supply involves rendering of any service alongwith Supply of goods/materials, then bidder shall quote separate break-up for cost of goods and costof services and accordingly quote Service Tax as applicable for the taxable servicescovered under scope of Supply, clearly indicating the rate and the amount of Service

Tax included in the bid and the classification of the respective service (as per ServiceTax rules) under which the Service Tax is payable.

In case, the above information subsequently proves wrong, incorrect or misleading:-

a) ONGC will have no liability to reimburse the difference in the duty/tax, if the

finally assessed amount is on the higher side.

b) ONGC will have the right to recover the difference in case the rate of duty/tax finally assessed is on the lower side.

Any increase in ‘net impact’ of any variation in Excise Duty/VAT/Sales Tax/CustomsDuty/Service Tax or introduction of any new taxes/duties/levy by the Govt. of India or State Government(s) or Public Body, during extended period of the Contract / Supplyorder will be to SUPPLIER's / Contractor's account where such an extension indelivery of the material / completion of the project is due to the delay attributable tothe SUPPLIER/ Contractor. However, any decrease in ‘net impact’ of any variation inExcise Duty / VAT / Sales Tax / Custom Duty / Service Tax during extended period of the Contract/ Supply order will be to the account of ONGC.

11.3.2 For Services received by ONGC in India from a Service provider from outside India,who does not have any fixed establishment or permanent address in India, since theliability to pay Service Tax lies with ONGC, such Bidder shall not include Service Taxin the quoted prices, but shall submit a declaration to the effect that they do not haveany fixed establishment or permanent address in India. However, at the time of evaluation of bids, Service tax as applicable shall be loaded on the taxable portion of services (or, on entire quoted / Contract value, if separate price break-up of taxableservices and material to be supplied is not given).

11.4 DISCOUNT :

Bidders are advised not to indicate any separate discount. Discount, if any, shouldbe merged with the quoted prices. Discount of any type, indicated separately, willnot be taken into account for evaluation purpose. However, in the event of such anoffer, without considering discount, is found to be lowest, ONGC shall avail suchdiscount at the time of award of Contract.

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11.5(a) CONCESSIONS PERMISSIBLE UNDER STATUTES :

Bidder, while quoting against this tender, must take cognizance of all concessionspermissible under the statutes including the benefit under Central Sale Tax Act, 1956,failing which it will have to bear extra cost where Bidder does not avail

exemptions/concessional rates of levies like customs duty, excise duty, VAT/salestax, service tax etc. ONGC will not take responsibility towards this. However, ONGCmay provide necessary assistance, wherever possible, in this regard.

Bidders must also consider benefits of CENVAT credit under the CENVAT CreditRules 2008 as amended from time to time, for excise duty, service tax etc. againsttheir Input materials / Services, while quoting the prices. Similarly, the benefits of input VAT credit against their Input materials, under the relevant VAT Act of the State,should also be duly considered by the Bidders while quoting the prices.

11.5 (b) Undertaking to provide necessary documents, for enabling ONGC to avail Input VATcredit and CENVAT credit benefits (wherever applicable),

Further, the Bidders shall undertake to provide all the necessary certificates /documents for enabling ONGC to avail Input VAT credit and CENVAT credit benefits(wherever applicable), in respect of the payments of VAT, Excise Duty, Service Taxetc. which are payable against the Contract (if awarded). The Supplier should providetax invoice issued under Central Excise rule-11 (indicating education cess andSecondary & Higher Education Cess) for Excise Duty and tax invoice under respective State VAT Act for VAT separately for the indigenous goods and tax invoiceissued under rule-4A of Service Tax for the Services (if any form part of Supply).

11.6 (Provision deleted)

11.6 INCOME TAX LIABILITY :

The bidder will have to bear all Income Tax liability both corporate and personal tax.

12.0 BID CURRENCIES :

12.1 The Bidders are to quote firm prices. They may bid in any currency (includingIndian Rupees). Payment will be made accordingly. However, the payment towardsexcise duty and sales tax (on the ultimate finished product) will be made by ONGC inIndian Rupees as per actuals. For this purpose, the amount of Excise/ Sales tax paidas per the invoice signed by the officer duly authorised for this purpose will be takeninto account.

In case of statutory changes in the rates of customs duty, the difference in amount of customs duty will be paid by ONGC to the Indian party (or vice versa) in Indianrupees, as per actuals against documentary evidence of Custom’s assessed and paidBill of Entry.

The freight and insurance elements must be quoted by Indian bidders in IndianRupees only and payment will be made accordingly.

Currency once quoted will not be allowed to be changed.

13.0 TERMS OF PAYMENT :

13.1 FOREIGN BIDDERS :

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13.1.1 ONGC offers the following terms of payment in order of preferences:

(I) Payment to the suppliers on "Collection Basis" through State Bank of India.........................................., India, without opening of letter of credit ispreferred.

(II) Wherever a Letter of Credit is required, it would be opened through the StateBank of India.................., India.

(III) Payment of F.O.B./C&F/CIF value, as the case may be, will be made againstnegotiable copy of Bill of Lading and other specified documents as per Supply order through irrevocable Letter of Credit to be opened in favour of the supplier.

(IV) All Foreign Bank charges towards advising negotiations/cable charges andconfirmation of Letter of Credit charges will be borne by the supplier. AllIndian Bank charges will, however, be borne by ONGC.

(V) Where the supplies are proposed to be made in stages beyond three months,the bidders should quote staggered delivery schedule giving item-wisedetails/amount. The establishment of Letter of Credit in such cases will berestricted to the period-wise deliveries so offered quarter-wise.

13.1.2 Particulars to be furnished by foreign bidders (non-residents as per Income Tax Act, 1961) :

Foreign bidders should invariably submit (alongwith their bid) the following particulars,which are required to be furnished by ONGC to Income Tax Department for complying with the requirements for making remittances to non-residents as per Income Tax Act, 1961 (as amended from time to time):

(i) Whether the non-resident has a Fixed Place Permanent Establishment (PE) or a Dependant Agency PE in India, in terms of the Double Taxation Avoidance Agreement (DTAA) between India and his country of tax residence throughwhich the non-resident carries on business activities in relation to itsengagement by ONGC and if, yes, address of the Fixed Place PE or name &address of the Dependant Agent?

(ii) Whether by carrying on activities in relation to its engagement by ONGC, thenon-resident constitutes an Installation/Construction PE or a Service PE inIndia in terms of the DTAA between India and his country of tax residence?

(iii) If the non-resident has PE in India, whether the remittances to be made to him

under his engagement by ONGC are attributable to such PE?

(iv) If the remittances to be made to the non-resident under his engagement byONGC are attributable to a PE which it has in India, what quantum of theprofits resulting to the non-resident from his engagement by ONGC, can besaid to be attributable to the role played by the PE, and the basis of arriving atsuch quantum?

(v) If no part of the remittances to be made to the non-resident under hisengagement by ONGC is attributable to a PE which it has in India, what are thereasons for the same?

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(vi) Non-resident’s complete address (not necessarily in India).

(vii) If the non-resident has an Indian Income Tax Permanent Account Number (PAN), what is that PAN?

(viii)Country of tax residence of the non-resident supported by a Tax Residency

Certificate from the tax authorities of that country or the non-resident’s owncertificate (only if it is not possible for the non-resident to obtain & submit TaxResidency Certificate to ONGC within a reasonable time).

(ix) Country which can be called the non-resident’s principal place of business.This could be the same as his country of tax residence or different dependingon facts.

(x) Non-resident’s e-mail address.

(xi) Non-resident’s phone number with International Dialling code.

(xii) Whether the non-resident is constituted as a company, a partnership firm, or

any other form of business organisation.

In addition to above particulars, the bidder should also provide any other informationas may be required later for determining the taxability of the amount to be remitted tothe non-resident. Further, the bidder shall be liable to intimate the subsequentchanges (if any) to the information submitted against any of the above particulars,alongwith full details.

13.2 INDIAN BIDDERS :

100% payment subject to prior satisfactory inspection and proof of despatch providedconditions laid down vide subparas (a) to (c) below are fulfilled :-

(a) For all orders (including development orders) exceeding Rs.1.00 lakh,security deposit/performance bond @ 7.5% of the value of order in allcases with the exception of Contracts for Turnkey construction andplatforms etc. for which security deposit/performance bond @ 10% of thevalue of the order has been furnished.

(b) The goods have been insured by Supplier for losses, damages, breakages

and shortages during transit at Supplier's cost and insurance cover in thename of ONGC sent alongwith documents.

(c) Documents are negotiated through State Bank of India.

13.3 If transaction is taking locally and documents are not negotiated through Bankfor payment, the payment against clear (undisputed) bills/invoices submittedby the vendor will be made by ONGC through Electronic Payment Mechanism(as per details mentioned in the clause below), within 21 (twenty one) calendar days from the date of submission of bills/invoices complete in all respects.

13.4 MODE OF PAYMENT :

In all cases, except the cases involving payment through ‘Letter of Credit’ or paymentin Foreign currency, ONGC shall make payments only through Electronic Paymentmechanism (viz. NEFT / RTGS / ECS). Bidders should invariably provide thefollowing particulars alongwith their offers :

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1. Name & Complete Address of the Supplier / Contractor as per Bank records.2. Name & Complete Address of the Bank with Branch details.3. Type of Bank account (Current / Savings/Cash Credit).4. Bank Account Number (indicate ‘Core Bank Account Number’, if any).5. IFSC / NEFT Code (11 digit code) / MICR code, as applicable, alongwith a

cancelled Cheque leaf.6. Permanent Account Number (PAN) under Income Tax Act;7. TIN/Sales Tax Registration Number (for Supply of Goods) and Service Tax

Registration Number (for Supply of Services), as applicable.8. e-mail address of the vendor / authorized official (for receiving the updates on

status of payments).”9. Confirmation as to whether the bidder belong to the category of Micro, Small

and Medium Enterprises as defined in the “Micro, Small and MediumEnterprises Development Act, 2006 (MSMEDA)”. If yes, specify the categoryof Micro, Small or Medium Enterprises and whether the enterprise is inmanufacturing or service industry, alongwith valid documentary evidence.

For receiving payment through NEFT / RTGS, the bank/branch in which thebidder is having account and intends to have the payment should be either anNEFT enabled bank or SBI branch with core banking facility.

14.0 CONCESSIONAL RATE OF CUSTOMS DUTY/EXCISE DUTY/ SALES TAX :

14.1 In terms of Notification No.21/2002-cus dated 01.03.2002 (as amended from time totime), imports of the items specified in List 12 of the Notification are fully exemptedfrom payment of Customs Duty subject to conditions specified therein. However, thisis subject to change as per government guideline and the provisions ruling at the timeof bid (price bid in case of 2 bid system) opening will be applicable.

14.2 Clause deleted.

14.3 Also in terms of Notification No. 21/2002-cus dated 01.03.2002 (as amended fromtime to time), imports of raw materials and components, falling under First Scheduleto the Customs Tariff Act, 1975 for manufacturing in bond of goods for supplies tooffshore oil exploration and offshore oil exploitation, are exempted from paymentof whole of the duty of customs leviable thereon. However, this is subject to changeas per government guideline and the provisions ruling at the time of opening of bid(price bid in case of 2 bid system) will be applicable.

14.4 Clause deleted.

14.5 ONGC is registered under the Central Sale Tax Act and is entitled to availconcessional rate of Central Sales tax against form `C' in respect of inter-statepurchases.

14.6.1 As the above statutory provisions are frequently reviewed by the Govt., the biddersare advised to check the latest position in their own interest and ONGC will not bear any responsibilities for any incorrect assessment of the statutory levies by any bidder.

14.7 No sales tax will be paid on the Excise Duty component of the sale price whereExcise Duty is to be refunded to the Supplier / Manufacturer under Deemed ExportBenefit Scheme.”

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Note : These provisions are incorporated pursuant to the judgement proclaimedby honourable Supreme Court in Commissioner of Sales Tax, UP Vs.Indian Aluminium Cables Ltd., (1999)8 Supreme Court Cases 586

15.0 CAPITAL ITEMS AND SPARES THEREFOR :

The bidders, while quoting for equipment, will quote item wise separately for sparesalong with price for initial lot of spares for operation of the equipment for one/twoyears.

16.0 SAMPLES :

Samples are not required unless specifically called for. When called for, eachsample should have a card affixed with it and sealed indicating:-

(a) Bidder's Name and Address.

(b) Tender No.(c) Date of opening of tender.(d) Item No. against which tendered.(e) Any other description.

16.2 The Bid Evaluation Criteria at Annexure IV specifies the criteria for evaluation of samples, wherever called for.

16.3 The samples should be sent to the purchasing authority alongwith the offer. Thecost and freight of sending the samples shall be borne by the Bidder and there will beno obligation on the part of receiving officer for their safe custody. Samplesreceived late will be ignored. If the samples are sent by Rail Parcel, the Railway

Receipt (R/R) should be posted separately to the addressee to whom thesamples are sent (under covering letter giving the particulars of tender number and due date) well in advance to enable the addressee to get the parcel releasedbefore the date of opening of the tender. The R/R should not be sent alongwiththe offer. Sample submitted with the tenders which have not been accepted, will,if have not been destroyed during testing, be delivered at the Bidder's cost providedthe application for return is made to the officer to whom the samples are sent withinone month of the date fixed for the opening of tender or after modification/cancellation of demand. ONGC will not be liable for loss, damage or breakage in respect of the samples. If no application is received within the due date,samples will be disposed off by public auction and the sale proceeds credited toONGC.

16.4. In the case of chemicals and items such as Oil Well Cement of the specifications of International standards like API, the Bidder should submit alongwith their offer areport, obtained from an independent testing laboratory of repute, with regard tovarious parameters in accordance with the API standard or in accordance withother parameters specified in the tender enquiry. Such test report would be sent for a sample out of the recent lot of such materials produced by the Mill whose product isbeing offered. The bidder would also confirm that in the event of placement of order,the materials to be supplied would be identical to the materials for which testreport is furnished and in the event there is any variation observed by a thirdparty/Purchaser, at the time of testing at manufacturer's works prior to shipment or after receipt of materials at site then the complete lot would stand rejected.

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17.0 SPECIFICATIONS :

In case in tender ONGC asks for "Maker's Design" or alternative specifications, theBidder will clearly indicate as to how the material being offered will serve ONGC'spurpose and in what respect the offer differs from the required specifications.

18.0 NAME OF MANUFACTURER AND CERTIFICATE OF ORIGIN :

The name of the manufacturer and country of origin should be clearly mentioned inthe offer. In case of acceptance of his offer the Bidder shall have to furnish acertificate of origin from the concerned Chamber of Commerce of the exportingcountry along with negotiable shipping documents.

19.0 OFFERS FROM INDIGENOUS MANUFACTURERS :

Indigenous manufacturers quoting against this tender should clearly indicate:-

i) If the product offered is to be manufactured as per indigenous know-

how/design or under concluded collaboration. In case of collaboration thename of collaborator should be indicated.

ii) Details of manufacturing and testing facilities and quality control proceduresavailable with them.

iii) Number of qualified persons and total employees etc.

iv) Details of latest Income Tax Clearance v) Sales Tax Registration.

20.0 DELIVERY TERMS :

20.1 The delivery of the stores is required as stated at "Invitation for Bid". Anydeviation must be clearly mentioned.

21.0 VAGUE AND INDEFINITE EXPRESSIONS :

21.1 Bids qualified by vague and indefinite expressions such as "Subject to prior sale"etc. will not be considered.

22.0 CATALOGUE/LITERATURE OF THE EQUIPMENT AND SPARE PARTS :

22.1 Bid must accompany necessary literature/catalogue of the equipment as well as

the spares parts catalogue thereof failing which the offer will be rejected. 22.2 It will be a condition of Letter of Credit that within two months from the date of the

receipt of Supply order, the supplier will send two copies of Catalogue/manuals of operating/maintenance/repair and spare parts to the Purchaser. The supplier, in thecase of bought out spare parts, will also furnish name of the manufacturer,specification and identification number. The Purchaser will send acknowledgementof the receipt of above information/document which will be produced by the supplier alongwith negotiable copy of Bill of Lading. In addition, the supplier will sendthree copies of catalogue/manual of operation/maintenance/repairs and spareparts to Port Consignee alongwith materials. A certificate of compliance of above

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condition will be sent by the supplier alongwith negotiable and non-negotiablecopies of Bill of Lading.

23.0 AGENT/ CONSULTANT/ REPRESENTATIVE/ RETAINER/ ASSOCIATE :

23.1 ONGC would prefer to deal directly with the manufacturers/ principals abroad

but in case they decide to have their Agent/Consultant/Representative/Retainer/Associate in India and pay commission for their services against aparticular tender it should be bare minimum and the principal would have tocertify that such a commission is commensurate with the services rendered tothem by such an Agent/Consultant/ Representative/Retainer/ Associate in India.The principal will also have to broadly list out such services to be rendered bythe Agent/Consultant/ Representative/ Retainer/ Associate in India.

23.2 In the event bidder is having an Agent/Consultant/Representative/ Retainer/ Associate / servicing facilities in India (who is not an employee of the bidder) thebidder should indicate in their offer the name of such an Agent / Consultant/ Representative/Retainer/ Associate, they have for services in India. The

bidder must also indicate clearly the commission payable to the Agent/Consultant/Representative/ Retainer / Associate in rupees in terms of Agreement (enclosingcopy of the same). The bidder, in his bid will indicate the nature and extentof service to be provided by such an Agent/ Consultant/ Representative/Retainer/ Associate on behalf of the bidder and also remuneration therefor provided in the price, as a separate item, quoted by the bidder to ONGC. Suchremuneration/commission will be paid by ONGC in non-convertible Indian currencyin India. Should it be established at any subsequent point of time that the abovestatement of the bidder is not correct or that any other amount of remuneration/commission either in India or abroad is being paid to any one (whois not an employee of the bidder), the bidder would be liable to be debarred fromparticipating in the future tenders of ONGC. Failure to give such information will

lead to rejection of the offer.

The following particulars will also be furnished by the bidder : (i) The precise relationship between the foreign manufacturer/

principal and their Agent/ Consultant/ Representative/ Retainer/Associate inIndia.

(ii) The mutual interest which the manufacturer/principal and the Agent /Consultant / Representative/Retainer/ Associate in India have in thebusiness of each other.

(iii) Any payment which the Agent/ Consultant/ Representative/Retainer/Associatereceives in India or abroad from the manufacturer/principal whether as acommission for the Contract or as a general retainer fee.

(iv) Permanent Income Tax account number of Agent/ Consultant/Representative/ Retainer/ Associate in India.

(v) Permanent income tax account number of foreign supplier.(vi) All services to be rendered by the Agent/ Consultant/Representative/ Retainer /

Associate.

Note: Tenders which do not comply with the above stipulations are liable to beignored.

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23.3 Overseas bidder should send their bids directly and not through Agent /Consultant / Representative/Retainer/Associate. Bids made by Agent/ Consultant/Representative /Retainer/ Associate will not be recognised. Agent/Consultant/Representative/Retainer/Associate of the overseas manufacturers/suppliers are,however, permitted to purchase biding documents and attend bid opening providedsuch an Agent/Consultant/Representative/Retainer/Associate has a power of attorney/letter of authority setting out very clearly his role, which will be limited tosuch areas of activity as purchase of bidding documents, attending of bidopening and claiming of payment for their services, provided further thatsuch a power of attorney / letter of authority is submitted to ONGC inadvance for scrutiny and acceptance or otherwise.

24.0 PERIOD OF VALIDITY OF BIDS :

24.1 The Bid shall be valid for acceptance for the period as indicated in the "Invitationfor Bid" (hereinafter referred to as validity period) and shall not be withdrawn onor after the opening of bids till the expiration of the validity period or any

extension agreed thereof.

24.2 The Bidder will undertake not to vary/modify the bid during the validity period or any extension agreed thereof.

25.0 BID SECURITY :

25.1 The Bid Security is required to protect the purchaser against the risk of Bidder's conduct which would warrant the security's forfeiture in pursuance toclause 25.8.

25.2 Central Government Departments and Central Public Sector Undertakings areexempted from payment of Bid Security. MSEs units (and not their dealers/distributors) which are themselves registered with District Industry Centersor Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts andHandloom or any other body specified by Ministry of MSME are also exempted frompayment of Bid Security irrespective of monetary limit mentioned in their registration certificate provided they are registered for the items they intend toquote. Firms registered with ONGC are also exempted from payment of BidSecurity for purchases exceeding Rs.1.00 lakh only against limited tenders innormal tender procedure (present monetary limit for inviting limited tenders isRs.25.00 lakhs) provided such firms are registered for the item (s) they intendto quote and they enclose with their offer a copy of latest and current

registration certificate.25.3 Firms registered with ONGC under Indigenisation Programme will not qualify for

exemptions from payment of the Bid Security.

25.4 The Bidders not covered under Para 25.2 above must enclose with their offer ( incase of two bid system, with techno-commercial bid) Bid Security. The amount for bid security has been indicated at Sl.No.8 of "Invitation For Bid" (to be suppliedseparately with each tender). The Bid Security shall be denominated by the foreignbidders in any foreign currency in which they quote prices.

25.5 The Bid Security shall be acceptable in any of the following forms :

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i) Bank Draft in favour of ONGC valid for 180 days from its date of issue.

ii) Bank Guarantee in the prescribed format as per Appendix 4 of Annexure-I,valid for 30 days beyond the date of required validity of offer. The bankguarantee by Indian bidder will have to be given from theNationalized/Scheduled banks only, on non-judicial stamp paper / frankingreceipt as per stamp duty applicable at the place from where the bid hasemanated. The non-judicial stamp paper / franking receipt should be either inthe name of the issuing bank or the bidder. The Foreign bidder will give BankGuarantee from an Indian bank situated in their city. In case no Indian Bank issituated in the foreign bidder's city, then bank guarantee from foreign bankacceptable to ONGC, either situated in bidder’s country or in India (list of acceptable Foreign Banks is indicated at Appendix 12 of Annexure -I) or from anIndian Scheduled Bank situated in India, will be considered.

iii) Confirmed irrevocable Letter of Credit, as per prescribed format valid for 30days beyond the validity of the bid, duly confirmed by IndianNationalised/Scheduled bank will be acceptable only from foreign bidder.

iv) Cashier’s/Banker’s Cheque valid for 180 days from the date of issue of the samewill be acceptable from foreign bidders only.

25.6 ONGC shall not be liable to pay any bank charges, commission or interest on theamount of Bid Security.

25.7 Subject to provisions in Para 25.2 above, offers without Bid Security will be ignored.

25.8 The Bid Security shall be forfeited by ONGC in the following events:

a) If Bid is withdrawn during the validity period or any extension thereof duly agreed by the Bidder.

b) If Bid is varied or modified in a manner not acceptable to ONGC during thevalidity period or any extension of the validity duly agreed by the Bidder.

c) If a Bidder, having been notified of the acceptance of its bid, fails to furnishSecurity Deposit / Performance Bond within 15 days from the date of issue of LOA / NOA.

d) (Applicable for tenders above Rs.1.00 crore) If the Bidder has beendisqualified from the tender process prior to the award of Contract accordingto the provisions under Section 3 of Integrity Pact. ONGC shall be entitled todemand and recover from bidder Liquidated damages amount by forfeiting the

EMD/Bid security(Bid Bond) as per section 4 of Integrity Pact.25.9 The Bid Security of unsuccessful Bidders will be returned on finalisation of the bid.

The Bid Security of successful bidder will be returned on receipt of SecurityDeposit / Performance Bond (Performance Security).

26.0 OFFERS WITH FAX BID BONDS :

26.1 Normally offers received alongwith Fax Bid Bond shall not be considered. However,ONGC reserves the right to consider the offer, provided it is followed byconfirmatory original Bid Bond executed in prescribed proforma and legally operativeon or before the date fixed for opening of bids (techno-commercial bid openingdate in case of Two Bid System) and received by tender inviting authority within 7

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calendar days, after the opening date of bids (techno-commercial bid opening datein case of Two Bid System).

26.2 If Bidder fails to submit original Bid Bond with the same content as in Fax Bid

Bond and in accordance with bidding document, irrespective of their status/rankingin tender, the bid will be rejected and ONGC may consider to debar the Bidder from participating against its future tenders.

27.0 TELEX / TELEGRAPHIC / TELEFAX / e-MAIL / XEROX / PHOTOCOPY BIDS ANDTHE BIDS CONTAINING SCANNED SIGNATURE :

27.1 Telex / Telegraphic / Telefax / e-mail / Xerox / Photocopy bids and bids with scannedsignature will not be considered.

Original bids should be signed manually failing which they shall be rejected.

D. SUBMISSION AND OPENING OF BIDS

28.0 SEALING AND MARKING OF BIDS : 28.1 The bid along with all appendices and copies of documents should be submitted in e-

form only through ONGC’s e-bidding engine. The price bids submitted in physicalform against e-procurement tenders shall not be given any cognizance. However thefollowing documents should necessarily be submitted in physical form in sealedenvelope superscribed as "Tender Number and due for opening on......" The outer cover should duly bear the tender number and date of closing/opening prominentlyunderlined, alongwith the address of Purchaser's office, as indicated in InvitationFor Bids:

(i) The original bid security / bid bond.

(ii) “Integrity Pact” duly signed.(iii) Laboratory test report in original or copy duly attested by the issuing Laboratory

or notary attested.(v) The power of attorney or authorisation, or any other document consisting of

adequate proof of the ability of the signatory to bind the bidder, in original, whenpower of attorney is special power of attorney relating to the specific tender of ONGC only. A notarized true copy of the power of attorney shall also beaccepted in lieu of the original, if the power of attorney is a general power of attorney. However photo copy of such notarized true copy shall not be accepted.

In case copy of fax bid bond is submitted, the original should be submitted within 7days as per clause no. 26 of Annexure-1

28.2 The inner cover shall also indicate the name and address of the Bidder to enable thebid to be returned unopened in case it is declared "late".

28.3 The right to ignore any offer which fails to comply with the above instructions isreserved. Only one bid should be included in one cover.

28.4.1 In case of "Two Bid System" offers are to be submitted in triple sealed covers. Thefirst inner sealed cover will contain Techno-Commercial bids having all details butwith price column blanked out. This cover will clearly be superscribed with"Techno-Commercial bid" alongwith tender number and item description. The secondsealed inner cover will contain only the price schedule duly filled in and signed and

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will be clearly super scribed with "Price Bid" alongwith tender number. Thesetwo covers shall be put into outer cover and sealed. The outer cover should dulybear the tender number and date of closing/opening prominently underlined,alongwith the address of this office.

28.4.2 Price Bids, which remain, unopened with ONGC, will be returned to the concerned

bidders within a period of 5 working days of receipt of Performance GuaranteeBond(s) from the successful bidder(s).

28.5 Any change in quotation after opening of the tender WILL NOT BE CONSIDERED.

28.6 ONGC will not be responsible for the loss of tender form or for the delay in postaltransit.

29.0 DEADLINE FOR SUBMISSION OF BIDS :

29.1 The bidders will not be able to edit or add any document to his bid once the bid is‘submitted’ in SRM by the bidder. In case the bidder desires to modify his bid after submission, prior to submission deadline , provided his offline request to return thebid (along with vendor number and bid number) with reasons is received at least oneday prior to scheduled date of submission may be considered. However, it would bethe responsibility of the bidder ensure timely re-submission of his bid within thesubmission deadline and no extension of tender submission deadline shall beentertained on account of such bid return.

29.2 No bid can be submitted after the submission dead line is reached. The system timethat will be displayed on e-procurement web page shall decide the submission deadline.

30.0 LATE BIDS :

Bidders are advised in their own interest to ensure that bid are uploaded in systemwell before the closing date and time of the bid.

31.0 MODIFICATION AND WITHDRAWAL OF BIDS :

31.1 No bid may be modified after the dead line for submission of bids. 32.0 OPENING OF BIDS :

32.1 The un-priced bid will be opened at 1500 Hrs. (IST) on the date of openingindicated in "Invitation for Bid". The opening report giving details of bids receivedshall be uploaded in system for viewing by all bidders participating in the tender. The

Bidder or his authorised representative may be present at the time of openingof bid on the specified date, but a letter in the form annexed at Appendix-10 heretomust be forwarded to this office along with bid and a copy of this letter must beproduced in the office by the person attending the opening of bid. Unless this letter is presented by him, he may not be allowed to attend the opening of bid.

32.2 In case of unscheduled holiday on the closing/opening day of bid , theclosing/opening date shall be re-fixed to next working day, the time notifiedremaining the same.

E. EVALUATION OF BIDS

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33.0 EVALUATION AND COMPARISON OF BIDS :

33.1 Evaluation and comparison of bids will be done as per provisions of Bid EvaluationCriteria at Annexure-IV to be supplied separately alongwith bidding document againstindividual tenders.

33.2 CLARIFICATIONS OF BIDS :

33.2.1 During evaluation of bids, Purchaser may at its discretion ask the Bidder for clarifications/ confirmations/ deficient documents of its bid. The request for clarification and the response shall be in writing and no change in the price of substance of the bid shall be sought or permitted.

34.0 UNSOLICITED POST TENDER MODIFICATIONS :

34.1 In case certain clarifications are sought by ONGC after opening of bid then the replyof the Bidder should be restricted to the clarification sought. Any bidder who modifieshis bid (including all modifications which have the effect of altering his offer) after the

closing date, without any specific reference by ONGC, shall render his bid liable to beignored and rejected without notice and without reference to the bidder.

35.0 EXAMINATION OF BID :

35.1 The Purchaser will examine the bids to determine whether they are complete,whether any computational errors have been made, whether required sureties havebeen furnished, whether the documents have been properly signed and whether the bids are generally in order.

35.2 Prior to detailed evaluation the purchaser will determine the substantialresponsiveness of each bid to the bidding documents. Bids falling under thepurview of "Rejection criteria" of the Bid Evaluation Criteria of the biddingdocument will be rejected and may not subsequently be made responsive by Bidder by correction of the inconformity.


36.1 Unless otherwise asked for, the Bids of "Maker's Design" or for alternativespecification, the Bidder must note that its Bid will be rejected in case the tender stipulations are not complied with strictly or the goods offered do not conform to therequired specifications indicated therein. The lowest Bid will be determined fromamong those Bids which are in full conformity with the required specifications.

37.0 CONVERSION TO SINGLE CURRENCY:

To facilitate evaluation and comparison, the Purchaser will convert all bid pricesexpressed in the amounts in various currencies in which bid prices are payableutilising the currency, source and date of exchange rate specified in theEvaluation Criteria of Bid-Evaluation-Criteria at Annexure IV. (to be suppliedseparately against each individual tender).

38.0 PRICE PREFERENCE FOR PRODUCTS OF SMALL SCALE UNITS : 38.1. ONGC also reserves its right to allow to the Indian Small Scale Sector price

preference facility as admissible under the existing policy.

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39.0 COUNTER TRADE IN IMPORTS :

Other things being equal, offers of off-set exports or counter-trade would beconsidered an advantage. Counter trade would include the following:-

a) Offers to export Indian goods, specifying the quantities or value of commodities

which they propose to export. b) Offer of buy back off-set export of part of production from India in case of

tenders involving import of equipment for manufacture of any goods or productsin India or collaboration for production.

c) Offer of associating Indian Companies in execution of projects abroadresulting in foreign exchange earning for them.

40.0 CONTACTING THE PURCHASER :

No bidder shall contact the Purchaser on any matter relating to its bid, from

the time of the opening to the time the Contract is awarded.

F. AWARD OF CONTRACT

41.0 AWARD CRITERIA :

Subject to Clause No.44.0 the Purchaser will award the Contract to the successfulbidder whose bid has been determined to be substantially responsive and hasbeen determined as the lowest evaluated bid.

42.0 PUTTING SUPPLIER ON HOLIDAY DUE TO CANCELLATION OF PURCHASE

ORDER.

In case of cancellation of the purchase order(s) on account of non-execution of theorder and / or annulment of the award due to non-submission of PerformanceSecurity or, failure to honour the commitments under ‘Warranty & Guarantee’requirements following actions shall be taken against the Supplier:

i. ONGC shall conduct an inquiry against the Supplier and consequent to theconclusion of the inquiry, if it is found that the fault is on the part of the Supplier,then they shall be put on holiday [i.e. neither any tender enquiry will be issued tosuch a Supplier by ONGC against any type of tender nor their offer will beconsidered by ONGC against any ongoing tender(s) where Contract betweenONGC and that particular Contractor (as a bidder) has not been concluded] for aperiod of two years from the date the order for putting the Contractor on holiday isissued. However, the action taken by ONGC for putting that Supplier on holidayshall not have any effect on other ongoing PO(s), if any with that Supplier whichshall continue till expiry of their term(s).

ii. Pending completion of the enquiry process for putting the Supplier on holiday,ONGC shall neither issue any tender enquiry to the defaulting Supplier nor shallconsider their offer in any ongoing tender .

43.0 PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT

ANY OR ALL BIDS :

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43.1 ONGC reserves the right to reject, accept or prefer any bid and to annul the biddingprocess and reject all bids at any time prior to award of Contract, without therebyincurring any liability to the affected Bidder or Bidders or any obligation to inform theaffected Bidder or Bidders of the ground for ONGC's action. The ONGC alsoreserves to itself the right to accept any bid in part or split the order between twoor more bidders.

44.0 ORDER ON HIGHER BIDDER :

44.1. It should be noted that if a Supply order is placed on a higher Bidder in preferenceto the lowest acceptable offer in consideration of an earlier delivery, the supplier willbe liable to pay to the purchaser the difference between the Contract rate and therate quoted by the lowest acceptable bidder in case he fails to complete the Supplyin terms of such Contract within the specified date of delivery. This is withoutprejudice to other rights under terms of Contract.

45.0 VARIATION IN QUANTITY :

45.1 ONGC is entitled to increase or decrease the quantities against any/all the itemsof the tender by not more than 20% (twenty percent) while placing the order.However, in case of procurement of goods under Two Bid system, any variationsupto ± 20% of the tendered quantity can be asked only before price bid opening.

46.0 NOTIFICATION OF AWARD :

46.1 Prior to the expiration of the period of bid validity, the purchaser will notify thesuccessful bidder in writing by registered letter or by cable/telex/fax to be confirmedin writing by registered letter that its bid has been accepted.

46.2 The notification of award will constitute the formation of the Contract. 46.3 Upon the successful bidder's furnishing performance security, pursuant to clause

No.48, the Purchaser will promptly notify each unsuccessful bidder and dischargetheir bid securities.

47.0 SIGNING OF CONTRACT :

47.1 At the same time as Purchaser notifies the successful Bidder that its bid has beenaccepted, the Purchaser will send the Bidder the Contract/Supply order induplicate. The Contract against this tender will be governed in accordance withthe General Conditions of Contract (G.C.C.) at Annexure-II. The successfulBidder will return one copy of the Supply order / Contract duly signed on eachpage as token of confirmation / acceptance.

48.0 PERFORMANCE SECURITY : 48.1 Within 15 (fifteen) days from the date of issue of LOA/NOA from the Purchaser, the

successful Bidder shall furnish the Performance Security in accordance with theconditions of the Contract, in the Performance Security Form provided at Appendix 1 of Annexure-II of the bidding documents, or another form acceptableto the Purchaser.


48.2 No Performance Security in the form of bank draft or in lieu thereof PerformanceBond is necessary for purchases upto Rs.1.00 Lakh. Performance Security in the

28



form of bank draft or in lieu thereof performance bond is also not necessary for purchase of spares or stores/capital items/equipment of proprietary naturefrom original equipment manufacturers / Distributors / Sole Selling Agents/ authorised dealers.

48.3 Failure of the successful Bidder to comply with the requirement of Clause No. 48.1above shall constitute sufficient grounds for the annulment of the award andforfeiture of the bid security as per Clause No.25.8 (c).

48.4 The Performance Guarantee will be returned within 60 days of completion of Contractin all respect / delivery period as per Contract / Supply order.

49.0 CORRESPONDENCE : 49.1 ONGC's correspondence address is General Manager (MM) – Head Materials

Management, Room No. 205, ROB-III, 1st Floor, ONGC, Nazira, Assam Asset, Assam – 785685 (India) and Tel.No. 03772 - 241618/ 241645, Fax No. 03772-252365/241638.

49.2 All correspondence from Bidders/supplier shall be made to the office of thePurchase Authority from where this tender has emanated.

49.3 All correspondence shall bear reference to bid number/purchase

order/Contract.

50.0 REPRESENTATION FROM THE BIDDER:

The bidder(s) can submit representation(s) if any, in connection with theprocessing of the tender directly only to the Competent Purchase Authority(CPA) i.e. to ED-Asset Manger, ONGC, Assam Asset, Nazira, Assam- 785 685

(India).50.1 In case any bidder makes any unsolicited communication in any manner, after bids

have been opened (for tenders processed either on single bid or on two bid basis),the bid submitted by the particular bidder shall be summarily rejected, irrespective of the circumstances for such unsolicited communication.

Further, if the tender has to be closed because of such rejection, and the job has tobe re-tendered, then the particular bidder shall not be allowed to bid in the re-tender.

The above provision will not prevent any bidder from making representation inconnection with processing of tender directly and only to the Competent Purchase Authority (CPA) as mentioned in the tender document. However, if such

representation is found by CPA to be un-substantiative and / or frivolous and if thetender has to be closed because of the delays / disruptions caused by suchrepresentations and the job has to be re-tendered, then such bidder will not beallowed to participate in the re-invited tender.

In case, any bidder while making such representations to Competent Purchase Authority (CPA) also involves other officials of ONGC and / or solicits / invokesexternal intervention other than as may be permitted under the law and if the tender has to be closed because of the delays / disruptions caused by such interventionsand has to be re-tendered, then the particular bidder will not be allowed to participatein the re-invited tender.

29



51.0 Placement of Development Order : (Applicable only for tenders invited for itemsspecific to oil field industry).

ONGC may consider development of new sources, at its sole discretion dependingupon merit of the situation, for the category of items specific to oil field industry.

However, bidders should note that mere sale / issue of tender document for development order, does not qualify any party for any assured development order(s)from ONGC.

Domestic bidders, who participate in the tender and fulfill all the criteria of BEC,excluding past Supply experience criteria, would be considered for placement of development order after satisfactory inspection of their plant and facilities andprovided no development order is pending with such parties. Offers of such biddersfor development order will be considered, only if they submit sufficient documentaryevidence in support of their capability to manufacture the materials of the requiredquality and specifications, besides submitting an undertaking to the effect that nodevelopment order of ONGC is pending with them for execution.

Development order shall be placed for a smaller quantity, maximum upto 20% of thetendered quantity, as necessary to carry out field trial testing.

Rates at which development order is placed shall be the L-1 rate received in thetender or the rate quoted by the bidder in the tender which is being considered for development order, whichever is lower. As this bidder would not be considered in theregular tender, their price bid would be opened only after finalization of the tender.

A development order shall be considered as executed and the respective bidder shallbe considered as developed / proven source, only after satisfactory completion of fieldtrial testing and issuance of a certificate by the authorized officer of ONGC to thiseffect. Thereafter, offers of such developed / proven source will be considered againstfuture tenders for the item(s) which has been so developed by the party.

Payment for the item(s) supplied against development order will be made only againstthe satisfactory performance certificate issued by ONGC after field trial testing.

Notwithstanding the above provisions, successful development and or Supply toONGC thereof does not guarantee the vendor any assured order(s) from ONGC.

52.0 ONGC’s Policy on Climate Change and Sustainability :

Bidders should simply confirm that they have read the ONGC’s following “Policy onClimate Change & Sustainability” and they are working upon to develop their policy as

well.i. ONGC is committed to enhance contribution to sustainable development

through a greater integration of economic, environmental and socialdimensions.

ii. ONGC shall endeavour for GHG emission mitigation from our operations andparticipate in Kyoto and other protocol where India is a signatory. We shallstrive to achieve quantifiable milestones in these aspects.

iii. ONGC shall partner with sustainability advocacy organizations where our strengths are complementary and also actively propagate the idea of GHG

30



mitigation at national and international operations where we are businesspartner.

iv. ONGC shall develop and invest in advanced low carbon technologies to meetgrowing demand for affordable energy products while improving security of Supply and reducing environmental impacts.

v. ONGC’s aim shall be to achieve competitive business advantage from GHGabatement programmes, particularly through process efficiency, besidesimproving environmental performance.

vi. ONGC shall endeavour to develop new business opportunities throughinvestment in climate change.

vii. ONGC shall try to adopt triple bottom line accounting and reporting to raiseawareness of the true cost and benefits.

viii. Above all, ONGC shall make sustainability a foundation of our businessstrategy.

**********************

31



APPENDIX - 1

BIDDING DOCUMENT ACKNOWLEDGEMENT PROFORMA

Dated:.................................To,General Manager (MM)Oil and Natural Gas Corporation Ltd. Assam Asset, Nazira-785 685Sivasagar, Assam Dear Sirs,

We hereby acknowledge receipt of a complete set of Bidding Documents consisting of Four Annexures (alongwith their Appendices) enclosed to the "Invitation for Bid" (the firsttwo annexures received as booklet No. ONGC/MM/01 and the last two annexuresreceived separately) pertaining to procurement of______________________ against tender no. R17DC13001.

We have noted that the closing date for receipt of the tender by ONGC is _______________________ at 14.00 hrs. (IST) and opening at 15.00 hrs. (IST) on thesame day.

We guarantee that the contents of the above said Bidding Documents will be keptconfidential within our organization and text of the said documents shall remain theproperty of ONGC and that the said documents are to be used only for the purposeintended by ONGC.

Our address for further correspondence on this tender will be as under :

………………………........................………………………........................………………………........................

TELEX NO. : FAX NO. :

TELEPHONE NO. ; Yours faithfully,PERSONAL ATTENTION OF :(IF REQUIRED)

(BIDDER)

Note : This form should be returned along with offer duly signed

32



APPENDIX-2

Tender No.R17DC13001 Contractor's Telegraphic Address : ________________________ _________________________

General Manager (MM)Oil and Natural Gas Corporation Ltd. Telephone No. 03772-241618/645 Assam Asset, Nazira-785 685 FAX No. : 03772-241 638Sivasagar, Assam TELEX NO:

Dear Sirs,

1. I/We hereby offer to Supply the materials detailed in schedule hereto or suchportion thereof as you specify in the Acceptance of Tender at the price givenin the said schedule and agree to hold this offer open till _______________________.

2. I/We have understood and complied with the "Instructions to Bidders" at Annexure - I, (as contained in booklet No. ONGC/MM/01) "Bid EvaluationCriteria" at Annexure IV and accepted the "General Terms and Conditions" at Annexure II (as contained in booklet No. ONGC/MM/01) for Supply and havethoroughly examined and complied with the specifications, drawings and/or patternstipulated at Annexure III hereto and am/are fully aware of the nature of thematerial required and my/our offer is to Supply materials strictly in accordance

with the requirements.3. The following pages have been added to and form part of this tender:-

4. Agreement at Appendix 3 on purchase of Bidding documents and submission of Tender has been duly signed and returned herewith.

Yours faithfully,

Signature of Bidder

AddressDated

Signature of witness Address

Note : This form should be returned alongwith offer duly signed.

33



APPENDIX - 3

AGREEMENT

(Applicable for tenders upto Rs.1.0 crore)

Deleted (Not applicable)

34



APPENDIX – 3-A

AGREEMENT(Applicable for tenders above Rs.1.0 Crore)

No. Dated

To,General Manager (MM)Oil and Natural Gas Corporation Ltd.. Assam Asset, Nazira-785 685Sivasagar, Assam

Sub : PURCHASE OF BIDDING DOCUMENTSRef : TENDER No. R17DC13001

ONGC and the Bidder agree that the Notice Inviting Tenders (NIT) is an offer made on thecondition that the bidder will sign the Integrity Pact and the Bid would be kept open in itsoriginal form without variation or modification for a period of __________ (state thenumber of days from the last date for the receipt of tenders stated in the NIT) days ANDTHE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. They confirm acceptance andcompliance with the Integrity Pact in letter and spirit.. They further agree that theContract consisting of the above conditions of NIT as the offer and the submission of Bid

as the Acceptance shall be separate and distinct from the Contract which will come intoexistence when bid is finally accepted by ONGC. The consideration for this separateinitial Contract preceding the main Contract is that ONGC is not agreeable to sell the NITto the Bidder and to consider the bid to be made except on thecondition that the bid shall be kept open for ___________ (so many) days after the last

date fixed for the receipt of the bids and the Bidder desires to make a bid on thiscondition and after entering into this separate initial Contract with ONGC. ONGCpromises to consider the bid on this condition and the Bidder agrees to keep the bidopen for the required period. These reciprocal promises form the consideration for thisseparate initial Contract between the parties.

If Bidder fails to honour the above terms and conditions, ONGC shall have unqualified,absolute and unfettered right to encash/forfeit the bid security submitted in thisbehalf.

Yours faithfully Yours faithfully

(BIDDER) (PURCHASER)

(One copy of this agreement duly signed must be returned alongwith offer.)

35



Appendix - 4

Proforma of Bank Guarantee towards Bid SecurityBID BOND

Ref. No.................... Bank Guarantee No………..........

Dated ..………………..................

To,General Manager (MM)

Oil and Natural Gas Corporation Ltd. Assam Asset, Nazira-785 685Sivasagar, Assam

Dear Sirs, 1. Whereas Oil and Natural Gas Corporation Ltd. incorporated under the

Companies Act, 1956, having its registered office at Jeevan Bharti, Tower-II, 124Indira Chowk, New Delhi - 110001 - India and one of its offices at __________________________________ (hereinafter called `ONGC' whichexpression shall unless repugnant to the context or meaning thereof include allits successors, administrators, executors and assignees) has floated a Tender

No. ________________ __________________ and M/s ____________________________ having Head/Registered office at _______________________________ (hereinafter called the 'Bidder' whichexpression shall unless repugnant to the context or meaning thereof mean andinclude all its successors, administrators, executors and permittedassignees)have submitted a bid Reference No........................ andBidder having agreed to furnish as a condition precedent for participation in thesaid tender an unconditional and irrevocable Bank Guarantee of Indian Rupees/USDollars (in figures)___________________ (Indian Rupees / US Dollars (inwords)_________________________________________ only) for the dueperformance of Bidder's obligations as contained in the terms of the Notice InvitingTender (NIT) and other terms and conditions contained in the Bidding

documents supplied by ONGC which amount is liable to be forfeited on thehappening of any contingencies mentioned in said documents.

2. We (name of the bank)______________________________, registered under thelaws of_____________ having head/registered office at _____________________ (hereinafter referred to as "the Bank" which expressionshall, unless repugnant to the context or meaning thereof, include all itssuccessors, administrators, executors and permitted assignees) guarantee andundertake to pay immediately on first demand by ONGC, the amount of IndianRs. / US$ (in figures) __________________ (Indian Rupees/ US Dollars (in words) _________________________________________________ only) in aggregate at

36



any time without any demur and recourse, and without ONGC having to substantiatethe demand. Any such demand made by ONGC shall be conclusive and bindingon the Bank irrespective of any dispute or difference raised by the Bidder.

3. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of issue.

4. The Bank also agree that this guarantee shall be irrevocable and governed and

construed in accordance with Indian Laws and subject to exclusive jurisdiction of Indian Courts of the place from where tenders have been invited.

5. This guarantee shall be irrevocable and shall remain in force upto

____________________________ which includes thirty days after the period of bid validity and any demand in respect thereof should reach the Bank not later thanthe aforesaid date.

6. Notwithstanding anything contained hereinabove, our liability under this Guarantee

is limited to Indian Rs./US$ (in figures) _________________ (Indian Rupees/USDollars (in words) ________________ only) and our guarantee shall remain inforce until (indicate the date of expiry of bank guarantee) _________.

Any claim under this Guarantee must be received by us before the expiry of thisBank Guarantee. If no such claim has been received by us by the said date, the

rights of ONGC under this Guarantee will cease. However, if such a claim hasbeen received by us by the said date, all the rights of ONGC under this Guaranteeshall be valid and shall not cease until we have satisfied that claim. In witnesswhereof, the Bank, through its authorised officer, has set its hand and stamp onthis ........ day of ........... at .....................

--------------------------(Signature)

Full name, designation andofficial address (in legibleletters) with Bank stamp.

Attorney as per Power of Attorney No........….……..

Dated …………………….

37



WITNESS NO. 1

______________________ (Signature)

Full name and official address(in legible letters)

WITNESS NO. 2

______________________ (Signature)

Full name and official address(in legible letters)

Note :

(i) This Bank Guarantee/all further communications relating to the Bank Guaranteeshould be forwarded to .......………………………. (insert the address of the tender inviting work centre) only.

(ii) Bank guarantee, duly executed as per the above format, is to enclosed with theoffer

38



INSTRUCTIONS FOR FURNISHING BANK GUARANTEE TOWARDS BID SECURITY

1. The Bank Guarantee by Indian Bidders will be given on non- judicial stamp paper /

franking receipt as per stamp duty applicable at the place where the tender hasemanated. The non-judicial stamp paper/franking receipt should be either in nameof the issuing Bank or the bidder.

2. Foreign Bidders are requested to execute Bank Guarantee as per law in their

country. 3. Please indicate the currency in which Bank Guarantee is being given, Indian

Rupees/US$ have been mentioned only for illustration. Therefore, in case whereBank Guarantee is being given in a currency other than Rupees/US$, these termsmay be deleted and replaced by relevant currency.

4. The expiry date as mentioned in clause 5 & 6 should be arrived at by adding 30days to the date of expiry of the bid validity unless otherwise specified in thebidding documents.

5. (a) The Bank Guarantee by Indian bidder will be given from Nationalized/ Scheduled

Banks only. The Foreign bidder will give Bank Guarantees from an Indian Banksituated in their city.

(b) In case no Indian Bank is situated in foreign bidder's city, then Bank Guaranteefrom foreign bank acceptable to ONGC, either situated in bidder's country or inIndia (a list of such acceptable foreign banks is enclosed at Appendix 12 of this Annexure) or from an Indian Scheduled Bank Situated in India, will be considered.

(c) If any foreign bidder desires to furnish guarantee from a bank other than thoseincluded in Appendix 12 of this Annexure, such bidder should furnish collateralsecurity/ guarantee/ confirmation from any of these 300 banks or the State Bank of India.

39



APPENDIX – 4A

Performa for Irrevocable Letter of Credit

(Advising Bank)State Bank of India------------------------------------------------------------------------

(India)

To,General Manager (MM)Oil and Natural Gas Corporation Ltd. Assam Asset, Nazira-785 685Sivasagar, Assam (India)

Irrevocable and confirmed Letter of Credit No. …………………………….

Amount : US$

Validity of this Irrevocable : …………………………….(in India)Letter of Credit (30 days beyond validity of offer)

Dear Sir,

You are hereby authorised to draw on ………………… (Name of Applicant with full address) for a sum not exceeding ……………………. Available by your demand letter (draft) on them at sight drawn for ……………… US$ accompanied by a certificate by ONGC Ltd., with theTender No. duly incorporated therein, that one or more of the followingconditions has/have occurred, specifying the occurred condition(s):

(i) The Bidder withdraws its Bid during the period of Bid validity or any extension thereof duly agreed by the Bidder.

(ii) The Bidder varied or modifies its Bid in a manner notacceptable to ONGC Ltd. during the period of bid validity or anyextension thereof duly agreed by the Bidder.

(iii) The Bidder, having been notified of the acceptance of its Bid,

(a) Fails or refuses to executed the Supply order/Contract.

40



(b) Fails or refuses to furnish the Security Deposit/PerformanceBank Guarantee (Performance Security) within 30 daysbefore expiry of Bid Security.

2. This Irrevocable Letter of Credit has been established towards BidSecurity against Tender No. …………………………………. for …………………..(item).

3. We hereby guarantee to protect the Drawers, Endorsers and bonafideholders from any consequences which may arise in the event of the non-acceptance or non-payment of Demand Letter (draft) in accordance withthe terms of this credit.

4. This credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revised) International Chamber of Commerce brochure No. 500.

5. Please obtain reimbursement as under:………………………………………………………………………………………….

6. All foreign as well as Indian bank charges will be on the account of M/s……………………………………. (Applicant).

For …………………..

Authorised Signature(Original Bank)

Counter Signature

41



APPENDIX - 5 CHECK LIST

The bidders are advised in their own interest to ensure that the followingpoints/aspects in particular have been complied with in their offer failingwhich the offer is liable to be rejected.

1. Please tick the box whichever is applicable and cross the box(es)whichever is/are not applicable.

2. Please sign each sheet.

3. The check-list duly filled in must be returned along with the offer.

COMMERCIALGROUP 'A'

1.1 Whether requisite tender fee has been paid ?

Yes No Not applicable

1.2 If so, furnish the following :-

(i) Value(ii) Mode of payment: Credit Card Bank Transfer

2.1 Whether Bank Draft/Bank Guarantee/Banker’s Cheque / cashier’sCheque / proof of opening of Letter of Credit for the requisite earnestmoney has been enclosed with the offer ?

Yes No Not Applicable

2.2 If so furnish the following :-

(i) Name of the Bank(ii) Value(iii) Number (iv) Date of issue(v) Period of validity of the Bank Draft/Bank Guarantee/Letter of Credit.

(The validity of Bank Draft should not be less than 180 days).

Signature of the Bidder

42



3. Have the rates, prices and totals, etc. been checked thoroughly beforesigning the tender?

Yes No

4. Has the statement incorporating the exceptions/deviations as per the

proforma at Appendix - 6, been prepared and enclosed with the offer?

Yes No

5. Has the bidder's past supplies proforma (Appendix-7) been carefully filledand enclosed with the offer ?

Yes No

6. Whether charges for training of ONGC officers included in the prices? If not, whether these have been quoted separately.


7. Whether firm Ex-works and FOR destination prices have been quotedby indigenous bidders

Yes No

8. Whether firm FOB, C&F, CIF and CIAF prices have been quoted byforeign bidders

Yes No

9. Whether the cost of installation/erection/commissioning at site isincluded in the prices? If not, whether it has been quoted separately ?



43



10. Whether fixed monthly rates have been quoted uniformly for entireContract period ?


11. Whether the period of validity of the offer is as required in biddingdocument ? If not, mention the extent of variation.

Yes No Extent of variation in days

12. Whether the offer has been signed indicating full name and clearlyshowing as to whether it has been signed as

Secretary Manager Partner

Sole Proprietor Active Partner Pre procuraterium

13. If the Bidder is seeking business with ONGC for the first time, has hegiven the details of the parties to whom the offered items/services have

been provided in past alongwith their performance report ?Yes No

14. Whether the offer is being sent in double cover, both the covers dulysealed and superscribed with tender Number and closing/opening date?

Yes No

15. Has the offer been submitted in triplicate ?

Yes No


44



16. Is the offer being sent by Registered post or proposed to be dropped intender box ?

Sent by Registered Post Dropped in Tender Box

Yes No Yes No

17. Has it been ensured that there are no over-writings in the offer ? Havecorrections been properly attested by the person signing the offer?

Yes No

18. Are the pages of the offer consecutively numbered and an indicationgiven on the front page of the offer as to how many pages are containedin the offer ?

Yes No

19. Has the offer been prepared in sufficient details/ clarity so as to avoidpost tender opening clarifications/ amendments?

Yes No

20. Whether Appendices 2 & 3 of Annexure-1 of the bidding document dulyfilled in and a confirmation that clauses of Annexure I and II complied/accepted and enclosed with the offer ?

Yes No

21. Whether required sample asked in bidding document has beensubmitted alongwith the offer ?



45



22. Whether Security-cum-Performance Bank Guarantee clause,Jurisdiction clause, Acceptance of Personal Income Tax LiabilityClause, Warranty Clause, Force Majeure Clause, Submission of Bidwithout tender fee clause, Acceptance of Liability of Customs duty asapplicable on date of price bid opening clause, Telex/Telefax/Fax/Xeroxoffers clause, offers without sample (wherever required) clause,Failure and Termination Clause and clause on offers made byagents/consultants/retainers/representatives/ associates of the foreignprincipal of the bidding document are accepted ?

Yes No

23. If not, the clauses not accepted may please be indicated below:-

------------------------------------------------------------------------------------------------------

24. Whether guarantee/warranty has been furnished ?

Yes No

25. Confirm that all documents required in unpriced techno-commercial bidwithout prices are placed in unpriced folder.

Yes No

26. Confirm that bid and all documents are signed using valid digitalsignatures issued by acceptable Certifying Authority (CA) as per Indian IT Act 2000.

Yes No


46



GROUP `B'

(Applicable to indigenous bidders only)

1. Whether a copy of latest income tax clearance certificate has beenenclosed ?


2. Whether details of your registration under Sale Tax/Central Sales Taxhave been indicated in the offer ?

Yes No

3. Whether the Bidder has quoted after taking into account variousincentives and concessions granted to them for supplies to ONGC,like facility to import raw material and components on concessionalrate of customs duty, Deemed Export Benefits, etc. ?



47



GROUP 'C'(Applicable to foreign bidders only)

1. Has the Bidder clearly indicated Income Tax Liability both for corporateand personal tax ?


2. Whether Bidder has Agent/Representative/Consultant/Retainer/ Associate in India and if so whether the Bidder has indicated in theoffer the commission/amount payable to him and scope of services to berendered by him?


3. Whether the Bidder has enclosed with the offer/already sent to ONGCan authority letter/Agreement of his Agent/Representative/Consultant/Retainer /Associate in India spellingout clearly therein the scope of functions and services to be renderedby him and the commission/remuneration to be paid to him in rupeesin terms of above referred Agreement on his behalf ?


4. Whether the percentage of total payment in non-convertibleIndian currency acceptable to you has been indicated.


5. If the delivery is quoted in phases, has the Bidder indicated the phasingof amount for opening of the Letter of Credit ?


6. Has the country of origin of the items being offered, indicated?



48



7. In case the Bidder is a Supply house, whether authorisationfrom the manufacturer, authorising him to bid, has been enclosed withthe offer ?


8. Whether gross weight/ volume of the equipment offered has beengiven ?


9. In case Foreign Exchange is required then whether Foreign Exchangecontent indicated :-



49



Technical

(Applicable to both foreign Bidders and indigenous Bidders)

1. Whether necessary literature/catalogue of the equipment as well asspare parts thereof has been attached with the offer?

Yes No

2. Whether the product quoted is API approved and bears API monogram ?

Yes No

3. Whether the materials being offered fully conform to the requiredtechnical specifications ?

Yes No

4. If not, specify the extent of deviation and how it is suitable to ONGC'srequirement ?

Yes No

5. In case of spares whether interchangeability certificate has beenenclosed?


(Signature of the Bidder)

50



APPENDIX - 6

EXCEPTION / DEVIATION PROFORMA

DELETED

51





APPENDIX - 8

BIDDER'S INFORMATION PROFORMABIDDER MUST GIVE SPECIFIC ANSWERS AGAINST EACH OF

THE FOLLOWING QUESTIONS

1. Whether materials offered conform to particulars quoted at Annexure III(to be supplied separately by ONGC against each tender). If not, detailsof deviations must be stated here :

2. (i) Brand :(ii) Name & address of the manufacturer:(iii) Country of Origin:

3. Guarantee date by which delivery can be completed:4. Packing : Whether specification packing will be adhered to :5. Gross weight of Consignment/net Weight of each item:6. Here please state specifically whether the price offered by you,

as to the best of your knowledge and belief, is not more than that of the price which is permissible for you to charge a private purchaser for the same class and description of goods under the provision of any lawfor the time being in force. If not, state the reason and margin of profit:

7. Is the firm registered under :

(i) The Indian Companies Act, 1913.(ii) The Indian Companies Act, 1932/1956

(iv) Any other Act, if any, who are owners?(Please give full name)

8. Sales Tax Registration No. if any:9. Central Sales Tax Registration No. if any:10. Annual Turnover for last 3 years (Enclose audited Annual Reports)11. Present worth of bidding firm :

Signature of the Bidder Date................

53



APPENDIX – 9

IMPORT PRICE BID(To be filled in by Bidders)

Please refer Annexure-VI

54



APPENDIX - 10

AUTHORISATION LETTER FOR ATTENDING TENDER OPENING

NO. Date______________

To,

General Manager (MM)Oil and Natural Gas Corporation Ltd.. Assam Asset, Nazira-785 685Sivasagar, Assam (India)

Subject : Tender No. 17DC13001 due on_______

Sir,

Mr................................ has been authorised to be present at the time of opening of above tender due on................ at ....................., on my/our behalf.

Yours faithfully

Signature of Bidder

Copy to : Mr.......................………………………for information and for production before the ______________________ (MM)____ at the time of opening of bids.

55



APPENDIX - 11

PROFORMA FOR CERTIFICATE ON RELATIVESOF DIRECTORS OF ONGC

This has reference to our proposed Contractregarding ....................................................... to be entered into withOil and Natural Gas Corporation Ltd. (ONGC).

For the purpose of Section 297/299 of the Companies Act, 1956, anextract enclosed at Appendix 11-A, we certify that to the best of my/our knowledge :

(i) I am not a relative of any Director of ONGC ;(ii) We are not a firm in which a Director of ONGC or his relative is

a partner ;

(iii) I am not a partner in a firm in which a Director of ONGC or hisrelative is a partner;

(iv) We are not a private company in which a Director of ONGC is aMember or Director;

(v) We are not a company in which Directors of ONGC hold more than2 % of the paid-up share capital of our company or vice-versa.

Authorised Signatory of The Contracting Party

Place...

Date...

56



Appendix – 12

List of acceptable foreign banks for acceptance of Bank Guarantee

Sl.No.

Name of Bank Ranking

1 77Bank, Japan 2152 Aareal Bank, Germany 2043 Abu Dhabi Commercial Bank, United Arab Emirates 1674 Agricultural Bank of China, China 285 Akbank, Turkey 1106 Al Rajhi Bank, Saudi Arabia 1457 Alfa Bank, Russia 270

8 Allied Irish Banks, Ireland 849 Alpha Bank, Greece 115

10 American Express Company, US 9511 Anglo Irish Bank Corporation4, Ireland 13212 ANZ Banking Group, Australia 4713 Aozora Bank, Japan 15714 Arab Bank, Jordan 16615 Arab Banking Corporation, Bahrin 26216 Arab National Bank, Saudi Arabia 19917 Attijariwafabank, Morocco 21618 Awal Bank, Bahrain 258

19 Banca Carige SpA, Italy 28920 Banca March, Spain 17921 Banca Monte dei Paschi di Siena Italy 7922 Banca Popolare dell'Emilia Romagna, Italy 17323 Banca Popolare di Milano, Italy 18224 Banco BPI, Portugal 21125 Banco Bradesco, Brazil 4026 Banco de Chile, Chile 25227 Banco de la Nacion Argentina, Argentina 29528 Banco do Brasil, Brazil 4529 Banco do Estado do Rio Grande do Sul (Banrisul), Brazil 30730 Banco Espirito Santo Group, Portugal 12331 Banco Inbursa, Mexico 23632 Banco Pastor, Spain 24333 Banco Popolare di Sondrio, Italy 30034 Banco Popolare di Vicenza, Italy 27635 Banco Popolare, Italy 10236 Banco Popular Espanol, Spain 8637 Banco Sabadell, Spain 12438 Banco Safra, Brazil 24739 Banco Santander, Spain 940 Bancolombia, Colombia 24841 Bangkok Bank, Thailand 168

57



Sl.No.


42 Bank Central Asia, Indoneshia 27943 Bank Hapoalim, Israel. 14344 Bank Leumi le-Israel BM, Israel. 14945 Bank Nederlandse Gemeenten, Netherlands 22546 Bank of America Corp, USA 147 Bank of Ayudhya, Thailand 28148 Bank of Beijing, China 15549 Bank of China, China 1450 Bank of Communications, China 4951 Bank of Cyprus Public Company, Cyprus 22252 Bank of Ireland, Ireland 6153 Bank of Jiangsu, China 292

54 Bank of Montreal, Canada 5755 Bank of Moscow, Russia 25456 Bank of New York Mellon, USA 8257 Bank of Shanghai, China 22658 Bank of Taiwan, Taiwan 15159 Bank of Yokohama, Japan 13960 Bank Rakyat Indonesia, Indonesia 28861 Bankinter, Spain 21062 Banque Cantonale Vaudoise, Switzerland 24063 Banque et Caisse d’ Epargne de I’Etat Luxembourg,

Luxembourg 303

64 Banque Saudi Fransi, Saudi Arabia 18565 Barclays, United Kingdom 1066 Basler Kantonalbank, Switzerland 26367 Bayerische Landesbank, Germany 5468 BB & T Corp, US 7669 BBVA, Spain 3070 Bilbao Bizkaia Kutxa, Spain 18771 BNP Paribas, France 872 Caisse Centrale Desjardins Montreal,Canada 9173 Caixa Catalunya, Spain 19574 Caixa Economica Federal, Brazil 11475 Caixa Galicia, Spain 17776 Caixa Geral de Depositos, Portugal 11377 Caixanova, Spain 25178 Caja Mediterraneo, Spain 13379 Caja de Ahorros de Murcia, Spain 27780 Caja de Ahorros y Monte de Piedad de Madrid, Spain 6481 Caja de Ahorros y Pen. de Barcelona - la Caixa, Spain 4682 Caja Gipuzkoa San Sebastian, Spain 22483 CajAstur, Spain 31084 Canadian Imperial Bank of Commerce, Canada 7885 Capital One Financial Corporation, USA 6686 Cathay United Bank, Taiwan 272

58



Sl.No.


87 Chang Hwa Commercial Bank, Taiwan 29388 Chiba Bank, Japan 15689 China CITIC Bank, China 6790 China Construction Bank Corporation, China 1591 China Everbright Bank, China. 13692 China Merchants Bank, China 8193 China Minsheng Banking Corp, China. 8094 Chinatrust Commercial Bank, Taiwan 20295 Chugoku Bank, Japan 20196 Chuo Mitsui Trust Holdings, Japan 15097 CIMB Group Holdings Berhad, Malaysia 17698 Citigroup, USA 3

99 Comerica, USA 125100 Commercial Bank of Qatar, Qatar 284101 Commerzbank6, Germany 27102 Commonwealth Bank Group, Australia 58103 Credit Agricole Group, France 13104 Credit Mutuel, France 29105 Credit Suisse Group, Zurich, Switzerland 31106 Credito Emiliano, Italy 302107 Daishi Bank, Japan 298108 Danske Bank, Denmark 48109 DBS Bank, Singapore 62

110 DekaBank Group, Germany. 186111 Deutsche Apotheker und Arztebank, Germany 294112 Deutsche Bank, Germany 20113 Deutsche Postbank, Germany 130114 Dexia, Belgium 41115 Discover Financial Services, US 137116 DnB NOR Group, Norway 60117 Dubai Islamic Bank, United Arab Emirates 274118 DZ Bank, Germany 75119 East West Bancorp, US 304120 EFG Group, Luxembourg 118121 Emirates NBD, United Arab Emirates 128122 Erste Group Bank AG, Austria 63123 FCE Bank Plc, United Kingdom 170124 Fifth Third Bancorp, USA 77125 First Bank of Nigeria, Nigeria 285126 First Commercial Bank, Taiwan 275127 First Gulf Bank, United Arab Emirates 142128 First Horizon National Corp, USA 203129 FirstRand Bank Holdings, South Africa 158130 Fortis Bank (Nederland), Nederlands 107131 Franklin Resources, USA 163132 Gazprombank, Russia 159

59



Sl.No.


133 GMAC Inc., US 51134 Goldman Sachs, US 16135 Groupe Banques Populaire, Morocco 296136 Groupe BPCE10,, France 18137 Grupo Bancaja, Spain 116138 Grupo Financiero Banorte, Mexico 256139 Guangdong Development Bank, China 218140 Gunma Bank, Japan 220141 Hachijuni Bank, Japan 190142 Hamburger Sparkasse (Haspa), Germany 280143 Hana Financial Group, Korea (South) 120144 Harris Bankcrop, US 219

145 Helaba-Landesbank, Germany 121146 Higo Bank, Japan 313147 Hiroshima Bank, Japan 253148 Hokuhoku Financial Group, Japan 183149 HSBC Holdings, United Kingdom 5150 HSH Nordbank, Germany 85151 Hua Nan Financial Holdings, Taiwan 238152 Huaxia Bank, China 178153 Hudson City Bancorp., USA 172154 Huntington Bancshares, US 160155 Hypo Alpe-Adria-Bank, Austria 235

156 Hypo Real Estate Holding, Germany 98157 Ibercaja, Spain 207158 ICBC, China 7159 IKB Deutsche Industriebank, Germany 223160 Industrial Bank of Korea, Korea (South) 122161 Industrial Bank, China 97162 ING Bank, Netherlands 21163 Intesa Sanpaolo , Italy 25164 Investec Limited, South Africa 212165 Irish Life & Permanent12, Ireland 260166 Israel Discount Bank, Israel 244167 Itau Unibanco Holding SA, Brazil 33168 Iyo Bank, Japan 242169 Joyo Bank, Japan 194170 JP Morgan Chase & Co, USA 2171 Julius Baer Group, Switzerland 268172 Jyske Bank, Denmark 266173 Kagoshima Bank, Japan 297174 Kasikornbank PCL, Thailand 221175 Kazkommertsbank, Kazakhstan 261176 KBC Group, Belgium 52177 KeyCorp, US 99178 Kookmin Bank, Korea (South) 69

60



Sl.No.


179 Krung Thai Bank, Thailand 213180 Kuwait Finance House, Kuwait 165181 Land Bank of Taiwan, Taiwan 264182 Landesbank Baden-Wurttemberg, Germany 53183 Landesbank Berlin Holding, Germany 175184 Landwirtschaftliche Rentenbank, Germany 230185 LGT Group, Liechtenstein 286186 Lloyds Banking Group11, United Kingdom 12187 M&T Bank Corporation, US 152188 Macquarie Group, Australia 233189 Marfin Popular Bank, Cyprus 209190 Marshall & IIsley Corp, USA 154

191 Mashreqbank, United Arab Emirates 217192 Maybank, Malaysia 134193 Mega International Commercial Bank, Taiwan 174194 Millenium bcp, Portugal 112195 Mitsubishi UFJ Financial Group, Japan 11196 Mizuho Financial Group, Japan 26197 Morgan Stanley, US 22198 National Agricultural Cooperative Federation, Korea(South) 105199 National Australia Bank, Australia 32200 National Bank of Abu Dhabi, United Arab Emirates 147201 National Bank of Canada, Canada. 146

202 National Bank of Greece, Greece 100203 National Bank of Kuwait, Kuwait 184204 National Commercial Bank, Saudi Arabia. 126205 Nedbank Group, South Africa 181206 New York Community Bancorp, USA 208207 Nishi-Nippon City Bank, Japan 246208 Nomura Holdings, Japan 70209 Norddeutsche Landesbank, Germany 92210 Nordea Group, Sweden 37211 Norinchukin Bank, Japan 44212 Northern Trust Corporation, USA 140213 Nykredit Bank A/S, Denmark 101214 OCBC, Singapore 96215 OP Pohjola Group, Finland 127216 Osterreichische Volksbanken, Austria 189217 OTP Bank, Hungary 162218 Ping An Bank, China 299219 Piraeus Bank Group, Greece 164220 PKO Bank Polski, Poland 148222 Popular, Puerto Rico 269223 PSK Group, Austria 232224 PT Bank Mandiri (Persero) TBK, Indonesia 267225 Public Bank (PBB), Malaysia 191

61



Sl.No.


226 Qatar National Bank, Qatar 193227 Rabobank Group, Netherlands 24228 Raiffeisen Zentralbank Osterreich, Austria 83229 Raiffeisenlandesbank Niederosterreich-Wien, Austria 234230 Raiffeisenlandesbank Oberosterreich, Aktiengesellschaft,

Austria 237231 Regions Financial Corp, USA 90232 Resona Holdings, Japan 55233 RHB Bank Berhad, Malaysia 306234 Riyad Bank, Saudi Arabia. 138235 Royal Bank of Canada 36236 Royal Bank of Scotland, United Kingdom 4

237 Russian Agriculture Bank, Russia 196238 Sal Oppenheim16, Germany 309239 Samba Financial Group, Saudi Arabia. 144240 San-In Godo Bank, Japan 273241 Sapporo Hokuyo Holdings, Japan 283242 Saudi British Bank, Saudi Arabia 250243 Sberbank, Russia. 43244 Schroders, UK 301245 Schweizer Verbank der Raiffeisenbanken, Switzerland. 119246 Scotiabank, Canada 38247 SEB, Sweden 72

248 Shangai Commercial & Savings Bank, Taiwan 229249 Shanghai Pudong Development Bank, China. 108250 Shenzhen Development Bank, China 231251 Shinhan Financial Group, Korea (South) 87252 Shinkin Central Bank, Japan 93253 Shizuoka Bank, Japan 141254 Shoko Chukin Bank, Japan. 135255 Siam Commercial Bank, Thailand 205256 SNS Bank, Netherlands 188257 Societe Generale, France 19258 Standard Bank Group, South Africa 106259 Standard Chartered, United Kingdom 42260 State Street Corp, US 89261 Sumitomo Mitsui Financial Group, Japan 23262 Sumitomo Trust & Banking Co, Japan 74263 Suncorp-Metway, Australia 192264 SunTrust Banks, USA 59265 Swedbank, Sweden. 94266 Sydbank Group, Denmark 311267 Synovus Financial Corp, USA 255268 Taipei Fubon Bank, Taiwan 278269 Taiwan Cooperative Bank, Taiwan 228270 TC Ziraat Bankasi, Turkey 131

62



Sl.No.


271 The Bank of East Asia, Limited, Hong Kong 206272 The Bank of Fukuoka, Japan 180273 The Bank of Kyoto, Japan 241274 The Co-operative Bank, UK 249275 Toronto-Dominion Bank, Canada 56276 Turkiye Garanti Bankasi, Turkey 117277 Turkiye Halk Bankasi, Turkey 197278 Turkiye Is Bankasi AS, Turkey. 103279 UBI Banca, Italy 109280 UBS, Switzerland 35281 Unicaja, Spain 198282 UniCredit, Italy 17

283 Union National Bank, United Arab Emirates 245284 United Overseas Bank , Singapore 73285 US Bancorp, US 50286 VakifBank, Turkey 169287 Van Lanschot NV, Netherlands 290288 Veneto Banca Holding SCPA, Italy 282289 Volkswagen Bank, Germany 161290 VTB-Bank, Russia 65291 Wells Fargo & Co, USA 6292 WestLB, Germany 104293 Westpac Banking Corporation, Australia 34

294 WGZ Bank, Germany 265295 Woori Financial Group, Korea (South) 71296 Wustenrot & Wurttemburgische, Germany 200297 Yamaguchi Bank, Japan 227298 Zenith Bank, Nigeria 287299 Zions Bancorporation,, US 153300 Zurcher Kantonalbank, Switzerland 129

Note:

1. Bank Guarantee from Calyon Bank, which is a constituent of the Credit AgricoleGroup, France (ranked 13th and appearing at Sl.No. 103 in the enclosed Annexure-1) and the Bank of Tokyo Mitsubishi UFJ Ltd., commercial bank fromMitsubushi UFJ Financial group, Japan (ranked 11 th and appearing at serial No.195 in the enclosed Annexure-1) shall also be acceptable.

2. If any foreign bidder desires to furnish Bank Guarantee from a foreign bank other than those included in the above list, such bidders are advised to furnish collateralsecurity/ guarantee/ confirmation either from any one of the acceptable foreignBanks listed above or the State Bank of India.

63





(iii) Date of LC opening; 7 days from issue of formal order.

Any delay in submission of PBG to ONGC shall be to supplier’s account. For any delay in opening of L/C, ONGC will suitably extend Delivery Period.

Only for the purpose of imposing Liquidated Damages delivery shall be reckoned

as under :Indigenous cases : Date of dispatchImported cases(in FOB Contracts): date of handing over of material at Air /Sea Port subject to production of receipt by the supplier from shipping /forwarding agent for having handed over the material at the port of dispatch.

Note : The payment will however be released only against bill of lading as per standard terms and conditions of ONGC tenders.

1.8 DESTINATION :

Shall mean the location of the consignee for which this ORDER has been

issued.

1.9 EQUIPMENT / MATERIALS / GOODS :

Shall mean and include any equipment, machinery, instruments, stores, goodswhich SUPPLIER is required to Supply to the PURCHASER for/under theORDER / CONTRACT and amendments thereto.

1.10 SERVICES:

Shall mean those services ancillary to the Supply of goods, such astransportation and insurance and any other incidental services, such as

installation, commissioning, provision of technical assistance, training and other such obligations of the SUPPLIER covered under the Contract.

1.11 DRAWINGS :

Shall mean and include all Engineering sketches, general arrangements/layout drawings, sectional plans, all elevations, etc. related to the ORDERtogether with modification and revision thereto.


Shall mean and include detailed description, statements to technical data,performance characteristics, and standards (Indian as well as International) asapplicable and as specified in the ORDER.

1.13 INSPECTORS :

Shall mean any person or outside Agency nominated by ONGC to inspectequipment, materials and services, if any, in the Contract stage wise as wellas final before despatch at SUPPLIER’s Works and on receipt at destinationas per the terms of the ORDER.

1.14 TESTS :



Shall mean such process or processes to be carried out by the SUPPLIERas are prescribed in the ORDER considered necessary by ONGC or their representative in order to ascertain quality, workmanship, performance andefficiency of equipment or part thereof.

1.15 APPROVAL :

Shall mean and include the written consent either manuscript, type written or printed statement under or over signature or seal as the case may be of theONGC or their representative or documents, drawings or other particulars inrelation to the ORDER

1.16 F.O.R. /Ex-works/ F.O.B./ FAS/ C&F/ CIF :

Shall mean the terms as explained in INCO Terms.

1.17 EFFECTIVE DATE OF CONTRACT/SUPPLY ORDER :

Unless otherwise specified to the contrary, the date of LOI indicating followingdetails will be start of the Contract for all practical purposes.

(i) Prices(ii) Price basis(iii) Delivery Schedule(iv) Liquidated Damages(v) Performance Guarantee(vi) Payment terms(vii) Special conditions and deviations, if any, taken by SUPPLIER /

CONTRACTOR but not agreed by ONGC.

2.0 SCOPE OF ORDER : 2.1 Scope of the ORDER shall be as defined in the ORDER, specifications, drawings

and annexures thereto.

2.2 Completeness of the EQUIPMENT shall be the responsibility of theSUPPLIER. Any equipment, fittings and accessories, which may not bespecifically mentioned in the specification or drawing(s) but which are usual or necessary for the satisfactory functioning of the EQUIPMENTS (successfuloperation and functioning of the equipment being SUPPLIER's responsibility),shall be provided by the SUPPLIER without any extra cost.

2.3 The EQUIPMENT shall be manufactured in accordance with sound engineeringand good industry standards and also the SUPPLIER shall in all respect design,engineer, manufacture and Supply the same within delivery period to the samewithin delivery period to the entire satisfaction of ONGC.

2.4 WORK TO BE CARRIED OUT UNDER THE ORDER :

All equipment to be supplied and work to be carried out under the ORDERshall conform to and comply with the provision of relevant regulation/Acts(State Govt. or Central Govt.) as may be applicable to the type of equipment /work carried out and necessary certificate shall be furnished.

2.5 LEGAL RIGHT TO TRANSFER OWNERSHIP OF EQUIPMENT/ MATERIAL :



The SUPPLIER/SUB-CONTRACTOR hereby represents that it has full legalright, power and authority to transfer the ownership of the equipment/materialto ONGC.

3.0 COUNTRY OF ORIGIN :

3.1 All goods and services supplied under the Contract shall have their origin asquoted by the Bidder and accepted by the PURHASER.

3.2 For purpose of this clause, "origin" means the place where the goods aremined or grown or produced or from which the services are supplied. Goodsare produced, when, through manufacturing, processing or substantial andmajor assembling of components, a commercially recognized product resultsthat is substantially different in basic characteristics or in purpose or utility fromits components.

3.3 The origin of goods and services is distinct from the nationality of theSUPPLIER.

4.0 SPECIFICATION, DRAWING, TECHNICAL MANUALS :

4.1 The SUPPLIER shall furnish two copies of technical documents, final drawing,preservation instructions, operation and maintenance manuals, testcertificates, spare parts catalogue before despatch of the equipment as under :-

(i) Inspection Authority.(ii) Incharge, Reference Book Cell, Materials Management

(TBG), ONGC, Tel Bhavan, Dehra Dun.- 248003 (India).

4.2 The SUPPLIER shall be responsible for any loss to the ONGC consequent tothe furnishing of the incorrect data/drawings.

4.3 The SUPPLIER shall provide cross-sectional drawing to identify the spare partsnumbers and their location. The size of bearing, their make and number shallbe furnished.

4.4 It will be a condition of Letter of Credit that within two months from the date of the receipt of Supply order, the SUPPLIER will send two copies of catalogue/manuals of operating/maintenance/repairs and spare parts to thePURCHASER. The SUPPLIER, in the case of bought out spare parts willalso furnish name of the manufacturer, specification and identificationnumber. The PURCHASER will send acknowledgement of the receipt of aboveinformation/ document which will be produced by the SUPPLIER alongwith

negotiable copy of Bill of Lading. In addition, the SUPPLIER will send threecopies of catalogue/manual of operating/ maintenance/repairs and spare parts toPort Consignee alongwith materials. A certificate of compliance of abovecondition will be sent by the SUPPLIER alongwith negotiable and non-negotiablecopies of Bill of Lading.

4.5 Specifications, design and drawings issued by ONGC to the SUPPLIERalongwith tender specification and ORDER are not to be sold or given on loan.These documents continue to remain property of ONGC OR THEIR ASSIGNEE AND ARE SUBJECT TO RECALL BY ONGC. The SUPPLIER and itsemployees shall not make use of the drawings, specification and technicalinformation for any purpose at any time and shall not disclose the same to any



person, firm or corporate authorities, without written permission of ONGC. Allsuch details shall be kept confidential.

4.6 In order to facilitate quick disposal, copies of the drawing for approval shall besent directly and simultaneously to the authorities specified in the ORDER inaddition to the sets submitted to authority issuing ORDER.

5.0 ACCEPTANCE OF OFFER :

With the acceptance of the Bidder's offer, which is as per the terms andconditions of the tender, by ONGC, by means of LOI/purchase order, theContract is concluded.

The LOI/purchase order being itself an acceptance of the offer, does not have tobe accepted by the Bidder. But the Bidder must acknowledge a receipt of theorder within 15 days from the date of mailing of the purchase order in its entiretyby returning one copy of the purchase order duly signed without any qualification.

Any delay in acknowledging the receipt of the purchase order within the specifiedtime limit or any qualification or modification of the order in the acknowledgementof the order by the SUPPLIER shall be a breach of the Contract on the part of theSUPPLIER. Compensation for the loss caused by the breach will be recoveredby ONGC by forfeiting the earnest money bid security / bid bond given by theSUPPLIER. If the SUPPLIER's bid contains any condition and anycorrespondence containing conditions which are contrary to the NIT then theyshall be considered as superseded and void on the acceptance of the bid byONGC.

Recovery of liquidated damages by the ONGC from the SUPPLIER by forfeitingthe earnest money/ bid security or by invoking the bid bond shall be regarded ascancellation of the Contract which had come into existence on the acceptance of the offer by ONGC.

6.0 NOTICES :

Any notice given by one party to the other pursuant to this Contract shall be sentto the other party in writing or by cable, telex, or facsimile and confirmed inwriting to the party's address.

7.0 MODIFICATION IN ORDER :

7.1 All modifications leading to changes in the order with respect to technical and/or commercial aspects, including terms of delivery, shall be considered valid onlywhen accepted in writing by ONGC by issuing amendment to the ORDER.

7.2 ONGC shall not be bound by any printed conditions, provisions in theSUPPLIER's BID, forms of acknowledgement of ORDER, invoice, packing listand other documents which purport to impose any condition at variance withor supplement to ORDER.

8.0 JOINT AND SEVERAL RESPONSIBILITY :

8.1 Where SUPPLIER's EQUIPMENT or any part thereof are to be used jointly withother equipment supplied by another manufacturer (the name of themanufacturer will be communicated separately to SUPPLIER) ONGC will holdSUPPLIER and the manufacturer jointly and severally responsible for the

perfect operation of the entire group or section of equipment as regard the



technical and mechanical characteristics stipulated in the specification. Suchresponsibility shall include the mechanical coupling as well as dynamic andstarting moment.

8.2 Consequently, SUPPLIER shall establish and maintain all necessary contact withthe manufacturer to be indicated by ONGC with a view to ensuring the exchange

of all relevant data and information.

9.0 PERFORMANCE SECURITY /PERFORMANCE BOND :

9.1 No Performance security or in lieu thereof performance bond is necessary for purchase upto Rs.1.00 lakh. Also performance security or in lieu thereof performance d is not necessary for buys of spares or stores/capital items/equipment of proprietary nature from original equipment manufacturers/distributors/ sole selling agents/ authorised dealers. In other cases (including thedevelopment orders) the successful Bidder, within 15 (fifteen) days from the dateof issue of LOA/NOA from the Purchaser, will be required to send PerformanceSecurity in the form of Bank Draft or in lieu thereof, Performance Bond for 7.5%

of the Contract value in the form of Bank Guarantee from a Bank acceptable toONGC (or in the form of Letter of Credit,) as per format at Appendix 1. DetailedP.O. shall be placed only after receipt of acceptable Contract Security (i.e.Security Deposit/Performance Bond).

9.2 ONGC shall not be liable to pay any bank charges, commissions or interest onthe amount of Performance Security / Performance Bond.

9.3 Performance Security / Performance Bond shall be refunded /returned to the SUPPLIER after completion of supplies / after satisfactoryexecution of the order.

9.4 In the event of non performance of the Contract, if the losses suffered byONGC are more than the value of the Performance Security/Performancebond, ONGC in addition to forfeiting the performance security/ performancebond, reserves the right to claim the balance amount of damages/lossessuffered by ONGC.

9.5 (Applicable for tenders above Rs.1.00 crore) If the Contract has beenterminated according to Section 3 of Integrity Pact, or if ONGC is entitled toterminate the Contract according to Section 3 of Integrity Pact, ONGC shall beentitled to demand and recover from the Contractor liquidated damages amountby forfeiting the Performance Bank Guarantee/ Security Deposit, as per Section-4 of Integrity Pact

9.6 The Performance Security / Performance Bond shall remain at the entiredisposal of ONGC as a security of the satisfactory completion of the Supply inaccordance with the conditions of the Contract.


10.0 WARRANTIES AND GUARANTEES :MATERIALS AND WORKMANSHIP :

10.1 SUPPLIER shall fully warrant that all the stores, EQUIPMENT and componentssupplied under the ORDER shall be new and of first quality according to thespecifications and shall be free from defects (even concealed fault, deficiencyin design, Materials and Workmanship).



10.2 Should any defects be noticed in design, material and/or workmanship within 12months after the goods, or any portion thereof, as the case may be, have beendelivered (and commissioned) to the final destination indicated in the Contractor for 18 months after the date of shipment from the port of loading in the

source country, whichever periods conclude earlier unless specified otherwise inthe special conditions of Contract, ONGC shall inform SUPPLIER andSUPPLIER shall immediately on receipt of such intimation, depute their personnel within 14 days to investigate the causes of defects and arrangerectification/ replacement/ modification of the defective equipment at sitewithout any cost to ONGC within a reasonable period. However, supplier shall not be liable for the labour or any other costs involved in removal or reinstallation of the goods. If the SUPPLIER fails to take proper correctiveaction to repair/replace defects satisfactorily within a reasonable period ONGCshall be free to take such corrective action as may be deemed necessary atSUPPLIER's risk and cost after giving notice to the SUPPLIER.

In case the installation and commissioning is delayed on account of theSUPPLIER, the warranty period shall automatically get extended at no extra costto ONGC, so that clear 12 months warranty (unless otherwise specified in‘Special Conditions of Contract’) is available after the date of installation andcommissioning. A written revised warranty certificate shall be providedaccordingly, by the SUPPLIER, before final acceptance of thegoods/equipment/project after installation and commissioning.

10.3. Damage to the machinery and/or EQUIPMENT due to incomplete anderroneous instructions issued by SUPPLIER will be the responsibility of theSUPPLIER and will be treated according to the provisions of warranty clause.Normal wear & tear shall not come under purview of this clause.

10.4. In case defects are of such nature that EQUIPMENT shall have to be taken toSUPPLIER's works for rectification etc., SUPPLIER shall take the EQUIPMENTat his costs after giving necessary undertaking or security as may be requiredby ONGC. ONGC shall, if so required by the SUPPLIER, despatch theEQUIPMENT by quickest mode on "Freight-to-pay" basis to the SUPPLIER'sworks. After repairs SUPPLIER shall deliver the EQUIPMENT AT SITE onfreight pre-paid basis. All risks in transit to and fro and all expenses on accountof to and fro freight, insurance, customs clearance, transportation andhandling, port charges and customs duty etc. shall be borne by the SUPPLIER.

10.5. Equipment or spare parts thereof replaced shall have further warranty for aperiod of 12 months from the date of acceptance.

10.6. If the repairs, replacement or modification referred are of such nature as mayeffect the efficiency of the EQUIPMENT, ONGC shall have the right to give tothe SUPPLIER within one month of such replacement/ renewal, notice inwriting to carry out test as may be required for acceptance of the equipment.

10.7. If the SUPPLIER fails to honour his obligation to repair or replace defectivegoods within a reasonable period of time, if SUPPLIER refuses to carry outwork under the guarantee clause and implied guarantee conditions, if danger isanticipated or in case of severe urgency, ONGC shall be entitled to carry out,at SUPPLIER's cost and risk, repair work or replacement deliveries or have it

done by a third party. In case not all goods have been delivered by SUPPLIER,



ONGC is entitled to procure the remaining goods at SUPPLIER's cost and risk.This does not relieve SUPPLIER of any of his guarantee obligations. Taxes andduties of any kind whatever imposed by the authorities of the country of theSUPPLIER or his sub-Contractors until delivery shall be borne by SUPPLIER.

11.0 PERFORMANCE GUARANTEE :

11.1. SUPPLIER shall guarantee that the "performance of theEQUIPMENT/MATERIAL" supplied under the order shall be strictly inconformity with the specification and shall perform the duties specified under the ORDER.

11.2 Materials/equipment that shall be purchased from the subContractor(s) shallhave to fulfill the requirement as laid down vide paras 10.1 to 10.7 above.

12.0. REJECTION :

If ONGC finds that the goods supplied are not in accordance with thespecification and other conditions stated in the order or its sample(s) arereceived in damaged condition (of which matters ONGC will be the sole judge),ONGC shall be entitled to reject the whole of the goods or the part, as thecase may be, and intimate within 14 from the date of receipt at site/store houseas per terms of Contract to the SUPPLIER the rejection without prejudice toONGC other rights and remedies to recover from the SUPPLIER any losswhich the ONGC may be put to, also reserving the right to forfeit theperformance security/performance Bond if any, made for the due fulfillment of the Contract. The goods shall be removed by the SUPPLIER and if notremoved within 14 days of the date of communication of the rejection ONGCwill be entitled to dispose-of the same on account and at the risk of theSUPPLIER and after recovering the storage charges at the rate of 5% of the

value of goods for each month or part of a month and the loss and expensesif any caused to ONGC, pay balance to the SUPPLIER.

13.0 FAILURE AND TERMINATION CLAUSE/LIQUIDATED DAMAGES CLAUSE

Time and date of delivery shall be the essence of the Contract. If theContractor / supplier fails to deliver the stores, or any installment thereof withinthe period fixed for such delivery in the schedule or any time repudiates theContract before the expiry of such period, the purchaser may, without prejudiceto any other right or remedy, available to him to recover damages for breach of the Contract :

(a) Recover from the Contractor/Supplier as agreed liquidated damages and not by

way of penalty, a sum equivalent to 1/2%(half percent) of the Contract/Supplyorder price of the whole unit per week for such delay or part thereof(this is anagreed, genuine pre-estimate of damages duly agreed by the parties) whichthe Contractor has failed to deliver within the period fixed for delivery in theschedule, where delivery thereof is accepted after expiry of the aforesaidperiod. It may be noted that such recovery of liquidated damages may be upto aceiling of 5% of the Contract/Supply order price of the whole unit of stores whichthe Contractor/supplier has failed to deliver within the period fixed for delivery; or

Cancel the Contract/Supply order or a portion thereof by serving prior noticeto the Contractor/Supplier.



(b) It may further be noted that clause(a) above provides for recovery of liquidated damages on the cost of Contract / Supply order price of delayedsupplies (whole unit) at the rate of 1/2%(half per cent) of the Contract/Supplyorder price of the whole unit per week for such delay or part thereof upto a ceilingof 5% of the Contract / Supply order price of delayed supplies (whole unit).Liquidated damages for delay in supplies thus accrued will be recovered by thepaying authorities of the purchaser specified in the Supply order, from the bill for payment of the cost of the material submitted by the Contractor/supplier or hisforeign principals in accordance with the terms of Supply order/Contract or otherwise.

(c) Notwithstanding any thing stated above, equipment and materials will be

deemed to have been delivered only when all its components and parts arealso delivered. If certain components are not delivered in time the equipmentand material will be considered as delayed until such time all the missing partsare also delivered.

14.0 LEVY OF LIQUIDATED DAMAGES(LD) DUE TO DELAY IN SUPPLIES :

14.1 LD will be imposed on the total value of the order unless 75% of the valueordered is supplied within the stipulated delivery period. Where 75% of thevalue ordered has been supplied within stipulated delivery period, LD willbe imposed on the order value of delayed Supply(ies). However, where in judgement of ONGC, the Supply of partial quantity does not fulfill theoperating need, LD will be imposed on full value of the Supply order.

14.2 Calculation of liquidated damages :

Liquidated damages will be calculated on the basis of Contract/ Supply order price of services/materials excluding duties and taxes, where such duties/taxeshave been shown separately in Contract/Supply order.

14.3 Extension in delivery period due to delay on the part of ONGC :

When the extension of time is required due to any delay on the part of ONGC,extension of delivery time for the period of such delay involved may be grantedprovided the firm produces documentary evidence of the delay.

15.0 ACCEPTANCE OF HIGHER OFFER BY IGNORING LOWER OFFER FORTIMELY DELIVERY-LIQUIDATED DAMAGES IN CASE OF DELAY :

In the cases where initially lower offer has been ignored on account of loading and a higher offer has been accepted for timely delivery, the differentialprices will be treated as price preference for earlier delivery. In the event of delay in completion of Supply/project the extra expenditure paid on account of above price preference will be recoverable from the party towards liquidateddamages. This is without prejudice to other rights under terms of Contract.

16.0 INSPECTION/TESTING OF MATERIAL :

16.1. The inspection of material will be carried out by the authority specified in thepurchase order. The material will be accepted only after the same has been



found satisfactory after inspection and duly marked and sealed by theinspecting authority.

16.2 The Contractor shall ensure that the material to be supplied against this order shall be individually inspected, tested and analysed in terms of the specifications

attached to the order and the relevant codes and practices specified therein byexpression or implication.

16.3. The Contractor should make available to ONGC and any other individual /agency authorised by ONGC for the purpose of inspection, all its records andresults in respect of inspection, tests and analyses conducted by it as part of their manufacturing and testing operations under the applicable codes andpractices specified by expression or implication in the order.

16.4. If necessary, inspection, tests and analyses shall be carried out/conducted atthe Contractor's Works at the Contractor's cost.

16.5. If required by ONGC, the Contractor shall provide and deliver free of charge for test (s)/analysis by an independent authority at any such place or places asONGC or its authorised inspector may reasonably require, such raw material(s) used or intended to be used for the Contracted work by the Contractor asONGC/Inspector shall consider necessary. The cost of such tests/analysis shallbe borne by the Contractor.

16.6. ONGC shall be entitled at all times, whether prior to, during or after thecompletion of inspection by itself and/or through Inspectors appointed byONGC at ONGC's costs, to inspect, test and/or analyse and/or to direct theContractor in all respects of any store(s) or materials or processes used or proposed to be used in the fabrication of the product of any of them. The said

inspection, tests and analyses so far as required, is to be conducted in thepresence of the inspectors. The Contractor shall ensure that the inspectingpersonnel referred to above are given free access to all the required places andinformation connected with their work, besides working facilities to carry outtheir function.

16.7. Should the Contractor fail to comply with any of the provisions aforesaidrelating to inspection, testing and/or analysis, ONGC shall be entitled by itself and/or through Inspectors to conduct or have conducted the inspection, testand/or analysis at the risk and expense of the Contractor in all respects.

16.8. No rejected raw material shall be used for the Contracted work or re-

tendered for inspection and/or test except with the prior permission of ONGCor concerned Inspectors.

16.9. Unless otherwise specifically authorised by ONGC in writing, the Contractor shall not ship or despatch for shipment under the Contract entered into, anymaterial which has not been properly inspected/tested, marked and sealed,and/or analysed as herein contemplated and in respect of which a certificate of quality has not been issued or signed by the Inspectors.

16.10. In addition to the general conditions of the inspection stated above, theContractor shall also satisfy all the specific conditions of inspection asenumerated in the specification attached.



16.11. In addition to Inspector (s), ONGC shall be entitled to nominate, depute or designate a representative to be stationed at the Contractor's factory in order tosupervise and/or co-ordinate operations related to the Contract. In the event of there being more than one factory involved in the work entrusted to theContractor, ONGC shall be entitled to nominate, depute or appoint suchrepresentative (s) as necessary in respect of each such factory.

16.12. The Contractor shall, at his cost, afford and ensure proper working facilities tothe said representative (s) at the factory (ies) to enable him to perform hisfunctions, and shall furnish him with all such information, data and assistanceas he may require for the proper performance of his functions. Availability of measuring instrument/test fixtures/special tools to carry out inspection/functionaltest will be ensured by Contractor. In the absence of necessary infrastructurefacilities to perform the necessary tests, the Contractor shall arrange to carryout the test in an outside laboratory/test house approved by Govt./BIS/ONGC.

16.13. The posting of such a representative by ONGC or his actions in any manner does not absolve the Contractor of any liability and/or responsibility under this

Contract. The representative’s posting shall be treated as advisory to ONGC.

16.14. For false calls for inspection and for the cases where material is rejected oninspection, the SUPPLIER will bear the actual cost of inspection incurred /suffered by the ONGC.

16.15. Place of inspections specified in Supply order will not be changed withoutwritten confirmation from Purchase Authority.

16.16. The SUPPLIER shall give at least 10 days advance notice to inspection authorityin format placed at Appendix -2.

16.17. Supplies in part (s) can be offered for inspection only if it is a condition of theContract failing which the SUPPLIER shall bear the actual cost of inspection incurred/suffered by ONGC.

16.18. If Contractor requests for second inspection of materials on the ground that thematerials originally inspected and accepted have been disposed of the sameshall be inspected on merit of the case but at Contractor's cost.

17.0 SUB-STANDARD MATERIAL/REPLACEMENT OF REJECTED GOODS :

17.1. If ONGC finds that material supplied are not of the correct quality or notaccording to specifications required or otherwise not satisfactory owing toany reason of which ONGC will be the sole judge, ONGC will be entitled to

reject materials, cancel the Contract and buy its requirement in the openmarket at the risk and cost of SUPPLIER, reserving always to itself the right toforfeit the Performance Security/Performance Bond placed by the SUPPLIER for the due fulfillment of the Contract.

17.2. Rejected goods should be removed and replaced within 14 days of the date of communication of rejection.

18.0 SUBLETTING AND ASSIGNMENT :

The Contractor shall not, save with the previous consent in writing of thePurchase Authority, sublet, transfer or assign the Contract or any part thereof

or interest therein or benefit or advantage thereof in any manner



whatsoever, provided nevertheless that any such consent shall not relievethe Contractor from any obligation, duty or responsibility under the Contract.

19.0 VARIATION IN QUANTITY :

ONGC is entitled to increase or decrease the quantities against any/all the items

of the tender by not more then 20% (twenty percent) while placing the order.20.0. TERMINATION FOR INSOLVENCY :

The Purchaser may at any time terminate the Contract by giving written noticeto the SUPPLIER if the SUPPLIER becomes bankrupt or otherwise insolvent.In this event, termination will be without compensation to the SUPPLIER,provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Purchaser.

21.0 INTER-CHANGEABILITY OF PARTS :

21.1 If against any item it becomes necessary to Supply spare parts other than

specified, the SUPPLIER shall be required to give the following certificate tothe Purchaser before arranging Supply of spare parts bearing different partnumbers. If there is any obvious typographical or clerical error in the partnumber and/or description of any item, the SUPPLIER will Supply the correctpart. The aforesaid certificate should be supplied in such cases also. TheSUPPLIER will furnish this certificate in either case, to the paying authority.No formal amendment is necessary in such cases.

"The changed part numbers are exact replacement of parts ordered and aresuitable for and will fit in the machines and the existing fittings for which theyare intended."

21.2 If, however the substitute spare part (s) is not a bare replacement of the partoriginally ordered and involves a purchase of other items in addition, as wouldbe the case when a kit, is offered instead of one small item (s) forming part of the kit, the Supply of the kit, would be subject to the following conditions:

(a) The Supply of the kit will be accompanied with a certificate that themanufacturer, have definitely stopped Supply of the spare parts but areSupplying only a kit.

(b) The spares will not be supplied as kit unless prior acceptance of thesame has been obtained from the purchaser.

(c) In case the Supply of the kit involves any change in the price and if so,

the revised price would be stated for scrutiny and incorporation of thesame in the Supply order, if found acceptable.

21.3 Provided further that if any part numbers are declared by the Purchaser to beunsuitable to the machines for which they have been supplied within 30 daysfrom the date of arrival of the stores at site, the SUPPLIER will take themback at their own cost and expenses.

22.0 BULK SUPPLIES (WHEREVER APPLICABLE) :

22.1 Before commencing bulk manufacturing the SUPPLIER is advised to forwardtwo units of the items as samples supported by at least three sets of

manufacturing drawings for approval of Inspecting Officer. Such an approval



may take about 15 days time, which should be catered for and included by theSUPPLIER within the delivery schedule. The Inspecting Officer will returnone set of the sample and manufacturing drawings as token of approval.Such an approval will cover the risk of rejection of material on account of defective manufacturing procedure.

22.2 The SUPPLIER shall arrange for all testing facilities required by the InspectingOfficer free of charge in his plant. If the facilities for such tests are notavailable in the SUPPLIER's plant, the inspecting officer may carry out suchtests in any other test house/laboratory as desired by him and in that event thetest charges shall be reimbursed by the SUPPLIER if the samples are notfound acceptable whereas if the samples are acceptable the cost will be borneby ONGC. The bulk shall be inspected with reference to approved sample andmanufacturing drawings. The sampling procedure shall be decided by theinspecting authority.

22.3 The SUPPLIER shall give 21 days notice of the readiness of material for inspection.

23.0 BREAKAGE / SHORTAGE :

Claim in respect of breakage/shortages, if any, shall be preferred on theSUPPLIER within thirty days from the date of receipt of materials by thePort/Ultimate consignee which shall be replaced/made good by the SUPPLIERat his own cost. All risk of loss or damage to the material shall be upon theSUPPLIER till it is delivered in accordance with the terms and conditions of theSupply order.

24.0 DESIGNS, PATENTS AND ROYALTIES :

If any material used or methods or processes practised or employed in themanufacture of items to conform with the requirements of the Contract is/arecovered by a patent(s) in respect of which CONTRACTOR is not licensed, theCONTRACTOR shall, before using the material, method or process, as the casemay be, obtain such licence(s) and pay such royalty(ies) and licence- fee(s) asmay be necessary. The CONTRACTOR shall keep ONGC indemnified fromand against any and all claims, actions, demands and proceedingswhatsoever brought or made against ONGC on the basis of any patent or infringement thereof claimed or otherwise relating to and arising from anymethod or process employed or matter or thing done to or in connection withany work executed by the CONTRACTOR shall, at their own risk and expensedefend any suit for infringement of patent or like suit brought against the ONGC

(whether with or without the CONTRACTOR being a party thereto) and shallpay any damages and costs awarded in such suit, and keep ONGC indemnifiedfrom and against all consequence thereof.

25.0 FORCE MAJEURE :

In the event of either party being rendered unable by Force Majeure to performany obligation required to be performed by them under the Contract, therelative obligation of the party affected by such Force Majeure shall besuspended for the period during which such cause lasts.



The term " Force Majeure" as employed herein shall mean acts of God, War,Civil Riots, Fire directly affecting the performance of the Contract, Flood and Acts and Regulations of respective government of the two parties, namelyONGC and the CONTRACTOR.

Upon the occurrence of such cause and upon its termination, the party alleging

that it has been rendered unable as aforesaid thereby, shall notify the other partyin writing, the beginning of the cause amounting to Force Majeure as also theending of the said clause by giving notice to the other party within 72 hours of the ending of the cause respectively. If deliveries are suspended by ForceMajeure conditions lasting for more than 2 (two) months, ONGC shall have theoption of cancelling this Contract in whole or part at his discretion without anyliability at his part.

Time for performance of the relative obligation suspended by Force Majeureshall then stand extended by the period for which such cause lasts.

26.0 LANGUAGE / TERMINOLOGY :

The SUPPLIER shall ensure that the language/terminology/Description of goods used in Supply order/Bill of Lading/Airway Bill/Invoice is verbatim inEnglish and not at variance.

27.0 PACKING & MARKING :

27.1 The SUPPLIER shall consign/ship the materials in sea worthy/Air worthypacking conforming to the international norms of packing/ prescribedstandards in force to withstand air/ocean/land journey and ensuring the safetyof cargo en-route and also arrival of materials at ultimate destination in goodcondition. Hazardous/dangerous cargo ordered alongwith other material, againsta particular Supply order, the hazardous/dangerous cargo should be packed in aseparate box to avoid payment of excess freight and delay in clearance. Theconsignment shall be comprehensively insured against all risks by theSUPPLIER in case of CIF Contracts from CONTRACTOR's ware-house toultimate consignee's ware-house basis and each case/packing shall have onits outer side the following marking in English in indelible ink:

(a) Supply Order No. and date(b) Country of origin.(c) Name of SUPPLIER.(d) Case number (running number upon total number of boxes).(e) Gross and net weight in Kilogram on each box.

(f) Dimension of packages(g) Port of destination Mumbai/Calcutta/Chennai/Delhi (as the case may be).(h) Consignee(i) TOP/DON'T TURNOVER/HANDLE WITH CARE(j) The equipment which cannot be packed shall bear metal tags with above

marking indicated thereon. Each box shall contain one copy of packing listin English.

In case of consignments of pipes separate colour coding will be given by theSUPPLIER for each grade of pipes.

Pipes upto 7" dia will be in bundles. A metallic tag to be attached to each bundle

should indicate the following:-



(i) Supply order number and date(ii) Port Consignee(iii) Ultimate consignee(iv) Grade(v) Total length of pipes and pieces(vi) Net weight(vii) Gross weight

N.B . SUPPLIER should certify that packing is as per international standards to

withstand sea/air freighting conditions and many handlings. 27.1.1 In case of hazardous chemicals / materials the bidder will provide material safety

data sheets along with quotation and also while dispatching the materials. Thebidder will also provide special hazard identification symbols / markings on eachpacking of hazardous chemicals.

27.2.1 Each package shall have a detailed packing list in duplicate indicating :-(i) Supply order number & date.(ii) Brief description of consignment.(iii) Name of the Port Consignee as well as Ultimate Consignee.(iv) Vendor's Name.(v) Name of the Purchaser.(vi) Item-wise nomenclature and part number (vii) Tag number for all items contained in the package.

27.2.2. Another copy of the packing list shall be put in a waterproof envelope andfastened securely to the outside of the package, as well as to un-packed pieces

or bundles.

27.2.3. It must be ensured that box-wise, container-wise, consigneewise and Port-wise packing lists are made and sent to the concerned port consigneealongwith Port-wise invoice thereof. The following certificate alongwith advanceset of non-negotiable documents will be sent while claiming payment against theLetter of Credit :-

"Certified that packing of the material against this Supply order has been donePort and Consignee-wise as indicated in the Supply order and concerned invoicehas accordingly been prepared separately for material shipped Port Consigneewise. It is further certified that box-wise/container-wise list has been sent to Port

Consignees."

27.2.4 SUPPLIER shall deliver two sets of non-negotiable documents to the Airlinesor Air freighting consolidation agent, containing signed invoice as per Supplyorder and box-wise/container-wise packing list with details of items packed ineach box.

28.0 INSURANCE :

Immediately after shipment, the SUPPLIER shall telex/cable the PortConsignee giving the details of shipment regarding name of vessel, B/L or AWB number and date, invoice no. & date with value, number of packages /cases, gross/net weight, value of goods and Supply order number and date, ETD



& ETA of vessel at ports, for arranging marine Insurance (from supplier warehouse to ultimate store) in time. The SUPPLIER must also simultaneouslyfurnish to Port consignee copies of all the documents pertaining toinvoices/shipment in duplicate. The Port Consignee will ensure timelyinsurance of the consignment against transit risk from the Port of despatch tothe warehouse of the consignee.

29.0 SHORT/DAMAGED/DEFECTIVE/NON RECEIPT OF MATERIAL :

The SUPPLIER is responsible for safe arrival of the material uptodestination. Should there be any shortage/breakage/damage of materialfound, the Port Consignee, within a period of 15 days from the date of clearance of material at the Port, will lodge claim with the underwriters under intimation to the PURCHASER and SUPPLIER. In case the shortage/damageof material is found at ultimate destination, then the ultimate consignee, within aperiod of 30 days of receipt of material at destination, will lodge claim with thecarriers and under-writer under intimation to the PURCHASER, port consignee

and SUPPLIER. The PURCHASER in question will also take up the matter withthe SUPPLIER to make good the deficiency.

30.0 SHIPPING INSTRUCTIONS :

30.1 The SUPPLIER shall notify the PURCHASER, indentor and also the port aswell as ultimate consignee by cable the Bill of Lading number and date, thename of ship, ship manifest, the date of departure of the ship, the port of loading and destination, brief description of materials, gross/net weight andtotal number of packages, quantity, value and Supply order number and datewithin 2 days from the departure of the ship from the port of loading.Simultaneously the advance set of non- negotiable shipping documents which

should also contain one set of technical catalogue/manual/Booklets etc. of thematerials so shipped should also be sent to the port consignee before arrival of the vessels for production to customs authorities.

30.2 The specimen shipping clauses for general liner cargoes are brought out at Appendix 3 for compliance of the SUPPLIER.

30.3 Air consignment : 30.3.1. In case of air consignments the carriage of the consigned cargo shall be

effected only through Air India/Indian Airlines. Where Air India/Indian Airlines donot operate its flights or there are strikes of flights or any other reasons beyond

Air India/Indian Airlines' control, the suppliers/ONGC Air CargoConsolidation Agency will obtain certificate from Air India/Indian Airlinesshowing their inability to accept the consignment or will obtain permission fromONGC. In all such cases, air freighting will be arranged through any firstavailable foreign lines in the interest of ONGC to avoid delay. The SUPPLIERwill hand over one set of documents (non-negotiable) i.e. invoice, packinglists etc. to ONGC Air Cargo Consolidation Agency/Air lines for delivery tothe Port consignee. Also the SUPPLIER should intimate throughcable/telegram/telex or Fax or e-mail all details of air freighting, the same dayto port consignee alongwith the advance set of above documents.



30.3.2. Shipment will be made through ONGC's Forwarding AgentM/s…………………............ who will issue House Air Way Bill which is anegotiable document.

30.4 Part shipment :

Where part shipment is permitted, the SUPPLIER will ensure the raising of invoice only for those items which are actually shipped. Description andnumber of items of the invoice must tally with the description and number of items shown in the packing list. Extra payment if any, required to be made byONGC to Indian Customs/Court authorities due to non fulfillment of theserequirements will be recovered from the SUPPLIER.

30.5 CONTAINERISATION OF BULK SUPPLY :

Container will be used for bulk Supply only. For pallets and barrels container service will not be used. In case of Full Container Load (FCL), full capacity

utilisation must be ensured, otherwise the consignment should be booked inLCLs.

31.0 SHIPPING DOCUMENTS :

31.1 The following documents must be sent alongwith shipping documents :-(a) Complete set of clean Bill of Lading (Negotiable)/House Airway Bill

(negotiable) made to order and blank endorsed wherever applicable. TheBill of Lading/House Airway Bill will also be endorsed by the shipper freight to pay/freight pre-paid basis as per terms of the order,

(b) Invoice showing value item-wise as per Supply order for customspurposes, in triplicate drawn in the name of Oil & Natural Gas Corporation

and duly manually signed by the SUPPLIER/authorised representative.For any inland charges, the SUPPLIER will give a certificate of their correctness for being at actuals. In case spares are supplied free of charge alongwith main equipments, invoice must indicate the value of spares also item wise, with certificate as under:"No commercial value, value is being shown for customs purposes

only."(c) Certificate of test/ inspection from manufacturer.

(d) Certificate of warranty from manufacturer.(e) Certificate of origin from Chamber of Commerce of the exporting country.

(Provision deleted vide BL / 01/08 dated 22.11.2000)(f) Packing list package-wise and port-wise and container wise giving

package marks and numbers should be stencilled on all the sides of thepackages etc., for easy identification at the Port to avoid misplacementand loss of packages.

(g) For Shipment of PipesPiecewise lengths of the pipes for each shipment must be indicated inshipping documents and the total length of pipes each exceeding 12metres in length must be indicated separately. In case of pipes upto 6"dia; the pipes must be shipped in bundles of uniform quantity and eachbundle must have a Tag indicating all details of consignor, consignee,Supply order No., Quantity (Pieces and Length), Port of Shipment anddischarge etc.



(h) Insurance certificate policy giving all details where insurance is requiredto be arranged by the SUPPLIER. Insurance risks should cover upto 90days after receipt of materials at the port of entry in India.

FOR AIR CONSIGNMENT (documents through Bank) :

Complete set of (Negotiable) House Air Way Bill clean on Board made to order and blank endorsed.

31.2 For collecting payment against Letter of Credit, the SUPPLIER, in addition tothe certificate required as per Clause Nos.27.2.3, 31.3 and 4.4 shall also givethe following certificate in duplicate, original being manually signed by theSUPPLIER or his authorised representative :-

(a) Supplies both as to quantities and value are in terms of the Supply order and we undertake to refund forthwith to ONGC any excess amount claimedoutside the terms of the Supply order.

(b) Certified that the material covered by invoice has passed the test andinspection and conforms in every way to the correct specifications as per Supply order/Contract. It is further certified that the invoice and other non-negotiable copies (3 sets) of the documents have been despatchedeach to Port Consignee and Ultimate Consignee vide letter No................…….date...............

31.3 All the invoices shall bear the following certificates, the original copy beingmanually signed by the supplier or his authorised agent :-

"The material covered by invoice has passed test and inspection of manufacturer and conforms in every way to the Contract specifications and is

packed in accordance with Contract requirements. The invoice is correct inevery particular and no other invoice except proforma invoice has beentendered previously in respect of the articles charged for."

31.4 Notification of shipment as and when effected shall be promptly intimatedto the following parties with copies of documents as indicated belowagainst each :-Copies of documents to be sent

Sl. Parties to whom Commercial Non-negotiable Packing Certificate InsuranceNo. notification invoice bills of lading list guaranteeing certificate

of shipment alongwith sets (Boxwise) that materials together withshall be of technical conform to catalogue/techn-intimated literature viz. specifications ical literature/

parts catalogue leafletsand maintenancemanuals

1. Purchaser 2 2 2 22. Ultimate 1 1 1

consignee3. Indentor 1 1 1 14. Finance & 1 1 1

AccountsOfficer

5. Port 3 3 3 3 3

Consignee



31.5 It is the responsibility of the SUPPLIER to ensure that shipping documents aredespatched promptly after shipment otherwise the expenses, if any, incurred onaccount of late/defective receipt of documents will be to the account of SUPPLIER which will be deducted from his and/or his agent's bill.

31.6 Reference of Supply order on Bill of Lading/House Airway Bill :

It will be ensured that Supply order number and date is indicated on Bill of Lading/House Airway Bill.

31.7 The supplier must ensure incorporation of the address(es) and fax number(s) of the port consignee(s)-T&S, ONGC in the Air Way Bill itself.

32.0 ADVICE TO SHIPPING COMPANY FOR ISSUING DELIVERY ORDER :

It will be ensured that immediately after encashment of LC, the SUPPLIER will

authorise the concerned Shipping Co. by Telex/Fax to issue delivery order of the consignment to ONGC's Port Consignee against an undertaking from ONGCthat Bank Released Original Document(s) shall be produced after receiptthereof. A copy of the said Telex/ Fax will simultaneously be sent by SUPPLIERto PURCHASER and port consignee.

Any demurrage incurred due to failure on the part of the SUPPLIER to complywith the above requirement, will be to the account of SUPPLIER.

33.0 NON-INVOLVEMENT OF AGENT/ REPRESENTATIVE/ CONSULTANT /RETAINER/ ASSOCIATE (APPLICABLE WHERE BIDDER HAS INDICATEDNON-INVOLVEMENT OF AGENT/ REPRESENTATIVE/ CONSULTANT/

RETAINER/ ASSOCIATE).

"M/s .....................................................………………………………..……….........................................................……………………………..………........................................................………………………………

have not indicated in their bid either involvement of any agent/representative or payment of any remuneration therefor in India or abroad. Therefore, noagent's/representative's commission is payable either in India or abroad againstthis Supply order/Contract.

However, in case, it is established at any subsequent point of time thatSUPPLIER's/Contractor's above statement is not correct or that any other amount or remuneration either in India or abroad is paid/being paid to anyone (who is not an employee of the SUPPLIER/Contractor) against this Supplyorder/Contract, the SUPPLIER/Contractor is likely to loose further businesswith ONGC.

34.0 PAYMENT OF EXCISE DUTY, VAT/SALES TAX (ON ULTIMATE PRODUCTS),CUSTOMS DUTY (FOR INDIAN BIDDERS) AND SERVICE TAX (ONTAXABLE SERVICES, IF ANY) :

Payment of Excise Duty, VAT/Sales Tax (on ultimate products), Customs Duty(for Indian Bidders) and Service Tax (on taxable services, if any, which is part of scope of Supply), as applicable on the closing date of tender will be to



SUPPLIER's / Contractor's account. In the case of "Two Bid" system whererevised price bids are permitted after techno-commercial discussions, paymentof these charges, as applicable on closing day of revised price bid, will be toSUPPLIER's/ Contractor's account.

In the event of introduction of any new legislation or any change or amendmentor enforcement of any Act or Law, rules or regulations of Government of India or State Government or Public Body which becomes effective after the date of submission of Price Bid but within the Contractual delivery/completion period,the ‘net impact’ of any variation (both plus and minus) in the value of Supplyorder / Contract through increased / decreased liability of taxes/duties (i.e. theamount of taxes/duties payable minus eligible credit of taxes / duties paid oninputs / input services) will be to the account of ONGC.

Any increase in ‘net impact’ of any variation in Excise Duty/VAT/SalesTax/Customs Duty/Service Tax or introduction of any new taxes/duties/levy bythe Govt. of India or State Government(s) or Public Body, during extended period

of the Contract / Supply order will be to SUPPLIER's / Contractor's accountwhere such an extension in delivery of the material / completion of the project isdue to the delay attributable to the SUPPLIER/ Contractor. However, anydecrease in ‘net impact’ of any variation in Excise Duty / VAT / Sales Tax /Custom Duty / Service Tax during extended period of the Contract/ Supply order will be to the account of ONGC.

34.1 SUPPLIER shall provide all the necessary certificates / documents for enablingONGC to avail Input VAT credit and CENVAT credit benefits , in respect of thepayments of VAT, Excise Duty, Service Tax etc. which are payable against theContract. The SUPPLIER should provide tax invoice issued under Central Exciserule-11 (indicating excise duty, education cess and Secondary & Higher

Education Cess) for Excise Duty and tax invoice under respective State VAT Actfor VAT separately for the indigenous goods. For the Services (if any) formspart of the Supply, SUPPLIER should also provide tax invoice issued under rule-4A of Service Tax Rules (indicating service tax education cess and Secondary &Higher Education Cess). Payment towards the components of Excise Duty, VAT,CVD, SAD, Service Tax etc. shall be released by ONGC only againstappropriate documents i.e. tax invoice/Bill of entry for availing CENVAT / VATcredit (as applicable).

The tax invoices as per above provisions should invariably contain the followingparticulars:

(i) Name, Address and the Registration Number (under the relevant TaxRules) of the SUPPLIER

(ii) Name and Address of the Purchaser (Address of ONGC)

(iii) Description, Classification and Value of goods / taxable services and theamount of applicable tax (i.e. VAT / Excise Duty / Service tax – separatelyindicating education cess and Secondary & Higher Education Cess,wherever applicable).

In case of imported goods, Contractor/supplier is required to provide original Billof entry or copy of Bill of Entry duly attested by Custom authority which isrequired for availing CENVAT Credit.



34.2 While submitting the invoice for payment, CONTRACTOR should submit thefollowing details / statement as an attachment to the invoice:

Cost of Service Rs.__________

Service Tax/Excise Duty (Central Levy)/VAT (state Levy),as applicable Rs. __________ Total amount including Service Tax/Excise Duty/VAT( i.e. a+b)

Rs.__________

Less: CENVAT Credit / VAT Credit, legally becomesavailable due to Change in Law [alongwith details of disclosure as per clause ___ (i.e. 34.3 in BL/01 & 27.3 inBL/02) below].

Rs. __________

Net payable by ONGC Rs. __________

34.3 In order to ascertain the net impact of the revisions / enactment of variousprovisions of taxes / duties, the SUPPLIER is liable to provide following

disclosure to CORPORATION:

(i) Details of Inputs (material/consumable) used/required in manufacturing /Supplying the ordered materials, including estimated monthly value of inputand excise duty/CVD paid/payable on purchase of inputs.

(ii) Details of each of the input services used/required in manufacturing /Supplying the ordered materials, including estimated monthly value of inputservice and service tax amount.

35.0 CONCESSIONS PERMISSIBLE UNDER STATUTES :

35.1.1 The supplier/Contractor must take cognizance of all concessions permissibleunder the statutes including the benefit under Central Sales tax Act, 1956, failingwhich he will have to bear extra cost where SUPPLIER/Contractor does notavail concessional rates of levies like customs duty, sales tax, etc. ONGC doesnot take any responsibility towards this. However, ONGC may provide necessaryassistance wherever possible, in this regard.

36.0 DEEMED EXPORT BENEFITS :

36.1.1 The Supply order is placed under Deemed Export Benefits Scheme [Para 10.2(f)and 7.3(c )] proclaimed by the Govt. as on this date. However, ONGC will notaccept any liability on this account for any changes in the policy during theexecution of Supply order / Contract.

36.1.2 “The domestic bidders are requested to check the latest position on the subjecton their own and in the event of any increase in the Customs and Excise Dutydue to change/abolition of the Deemed Export Benefits(DEB), within Contractualdelivery, ONGC shall reimburse the same to the supplier at actuals onsubmission of documentary proof of such payments having been made. Thebidder must specify in their bid the import content (quantity and value wise), and

the item number in the Customs Manual under which the raw material is to beimported by them. However, in case of any increase in Customs/Excise duty due





d) Tax Invoice ( Original and duplicate) issued under relevant rulesCentral Excise, respective State VAT Act and Service Tax (as applicable),clearly indicating rates and amount of various taxes/ duties shownseparately).

e) Proof of despatch (RR/GCN/LR etc.) freight paid/ to be billed basis(as per terms of delivery).

f) Proof of insuring material, in favour of ONGC, against losses,damages, breakages and shortages during transit (in the form of insurance certificate / policy /receipt of premium paid).

g) QCC or TPI (as applicable) Report for satisfactory inspection.h) Warranty / Guarantee Certificate.i) Any other document specifically mentioned in the Purchase Order,

or supporting documents in respect of other claims (if any), permissibleunder the Purchase Order.

j) e-mail ID.k) Details / statement showing cost of services, service tax etc. as per clause

34.2 above (alongwith details of disclosure as per clause 34.3).

(B) Applicable for cases involving payment after receipt of material atdestination :

Following documents / details should be furnished alongwith the invoice in casesinvolving payment after receipt of material at destination:

a) Copy of valid registration certificate under the VAT/Sales Tax rules. (Copyof valid registration certificate under the Service Tax rules, if applicable, incases where Supply involves rendering of any service also).

b) Particulars required for making payments through ‘Electronic Payment

Mechanism’, in accordance with the clause on ‘MODE OF PAYMENT’appearing in Annexure-I (i.e. ‘Instructions to bidders’) of bid document.

c) Mobile No. (Optional).d) Tax Invoice ( Original and duplicate) issued under relevant rules Central

Excise, respective State VAT Act and Service Tax (as applicable), clearlyindicating rates and amount of various taxes/ duties shown separately).

e) Proof of delivery in case of direct / door delivery (i.e. GCN/LR/DeliveryChallan, duly acknowledged by the consignee, for receipt of material ingood condition).

f) QCC or TPI (as applicable) Report for satisfactory inspection, wherever pre-despatch inspection is applicable.

g) Warranty/ Guarantee Certificate.h) Any other document specifically mentioned in the Purchase Order, or

supporting documents in respect of other claims (if any), permissible under the Purchase Order.

i) e-mail ID. j) Details / statement showing cost of services, service tax etc. as per clause

34.2 above (alongwith details of disclosure as per clause 34.3).

(C) Payment towards Indian Agent Commission (IAC) :

Following documents / details should be furnished while claiming paymenttowards IAC as per terms of Purchase Order:



a) Invoice of IAC (stamped pre-receipted bill).b) Particulars in respect of Indian Agent, as per requirements for making

payments through ‘Electronic Payment Mechanism’, in accordance with theclause on ‘MODE OF PAYMENT’ appearing in Annexure-I (i.e. ‘Instructionsto bidders’) of bid document.

c) Payment advice (if applicable) against which IAC is claimed.d) e-mail ID.

39.1.1. Particulars required before releasing payments to foreign suppliers (non-residents as per Income Tax Act, 1961) :

The particulars as per clause 13.1.2 of Annexure-I are invariably required beforereleasing payments to foreign suppliers, even through Letter of Credit (L/C), inaccordance with the requirements for making remittances to non-residents as per Income Tax Act, 1961 (as amended from time to time). Any delay in opening of L/C due to delay in submission of the said particulars shall be to the SUPPLIER’saccount.

In addition to the said particulars submitted alongwith the bid, the SUPPLIERshould also provide any other information as may be required for determining thetaxability of the amount to be remitted to the non-resident. Further, theSUPPLIER shall be liable to intimate the subsequent changes (if any) to theinformation submitted against any of the said particulars, alongwith full details.

39.2. Bank charges towards letter of credit :

All Foreign Bank charges towards advising negotiation /cable chargesand confirmation of Letter of Credit charges will be borne by the SUPPLIER. All Indian Bank charges will, however, be borne by the ONGC.

39.3 Payment of the commission/fee/remuneration of agent/consultant/representative / retainer/associate of foreign principal :

The Commission/fee/remuneration will be paid within 30 days of satisfactory receipt and clearance of the shipment (s) at consignee(s) port (s).The payment of the commission will be made in non-convertible Indiancurrency subject to the condition that the agent/ consultant/ representative/retainer/ associate sends a stamped pre-receipted bill for the commission.Where the equipment is to be installed/commissioned satisfactorily by theforeign suppliers/Contractor and or their nominee(s) in India, as a condition of theSupply order/Contract, the payment of commission be made within 30 days of

satisfactory installation/ commissioning and issue of a certificate to this effectby an authorised officer of ONGC.

The closing market rate of exchange declared by SBI on the day prior to theprice bid/revised price bid (if any) opening will be taken into consideration for working out the commission of Indian agent/consultant/ representative/ retainer/associate.

40.0 CORPORATE TAXES :

40.1 The SUPPLIER shall bear all direct taxes, levied or imposed on the SUPPLIERunder the laws of India, as in force from time to time.



The SUPPLIER shall also be responsible for ensuring compliance with allprovisions of the direct tax laws of India including, but not limited to, the filing of appropriate Returns and shall promptly provide all information required by theCORPORATION for discharging any of its responsibilities under such laws inrelation to or arising out of the Supply Order.

40.2 Tax shall be deducted at source by ONGC from all sums due to an Indian taxresident Contractor in accordance with the provisions of the Income Tax Act,1961, as in force at the relevant point of time.

40.3 A non-resident Supplier i.e., a Supplier who is not an Indian tax residentaccording to the Indian Income Tax Act, 1961, has the option to obtain on its owneither (A) an Order u/s. 195(3) of the Income Tax Act, 1961, or (B) an order u/s.197 of the Income Tax Act, 1961, and furnish the said Order u/s. 195(3) or theOrder u/s.197, as the case may be, to ONGC along with each of its Invoices. Incase the non resident Contractor wishes to exercise this option, it should conveythe same in writing to ONGC within 15 days from the date of issue of LOA/NOA

and an option so exercised shall be final and cannot be changed during thecurrency of this Supply Order. In case an option is so exercised, ONGC shalldeduct tax at source in accordance with the directions contained in the Order u/s.195(3) or the Order u/s. 197, as the case may be, as in force at the point in timewhen tax is required to be deducted at source.

40.4 In case the non resident Supplier does not exercise the option in clause 40.3above, an Order u/s. 195(2) of the Income Tax Act,1961, for the purpose of deduction of tax at source will be obtained by ONGC from the Deputy Director of Income Tax (International Taxation), Aaykar Bhawan, Subhash Road, Dehradun – 248001, India, and tax shall be deducted at source by ONGC as directed in thesaid Order u/s. 195(2).

40.5 In case the non resident Supplier does not exercise the option in clause 40.3above, it shall furnish a Tax Residency Certificate (Certificate from the incometax authorities of the country of which it is a tax resident, to the effect that, theContractor is liable to tax in that country by reason of it being a tax residentunder the relevant tax laws of that country) within 15 days from the date of issueof LOA/NOA.

40.6 As per the provisions of Section 206AA of Indian Income Tax Act, 1961, effectivefrom 01.04.2010, any person entitled to receive any sum or income or amount,on which tax is deductible under the provisions of Act, is required to furnish hisPermanent Account Number (PAN) to the person responsible for deducting tax at

source. In case the Supplier does not furnish its PAN, CORPORATION shalldeduct tax at source as provided in the Income Tax Act, 1961, or in the relevantFinance Act, or as directed in the orders u/s 195(3) or 197 or 195(2), as the casemay be, or at such higher rate as may be required by Section 206AA of IndianIncome Tax Act, 1961, from time to time.

40.7 For the lapses, if any, on the part of the SUPPLIER and consequential penalaction taken by the Income Tax department, the CORPORATION shall not takeany responsibility whether financial or otherwise.

“Notes in respect of Tax Residency Certificate’



(i) The Tax Residency Certificate (TRC) should be in original or a photocopyduly attested either from a notary public in India or from the IndianEmbassy/High Commission/Consulate in the country whose authoritieshave issued such TRC.

(ii) During the currency of the Contract / Purchase Order, for the incomeaccrued in different financial years, the Contractor/Supplier should submitseparate TRCs for each financial year, based on the period for which theforeign income tax authorities issue the TRC as per the financial year followed in the respective country (viz.- the calendar year or the financialyear commencing from 1st April to 31st March of succeeding year).

41.0 EXTENSION IN DELIVERY PERIOD DUE TO DELAY ON THE PART OF THEONGC :

When the extension of time is required due to any delay on the part of ONGC,extension of delivery time for the period of such delay involved may be

granted provided the firm produces documentary evidence of the delay.42.0 ARBITRATION (Applicable in case of Supply orders/Contracts with firms,

other than Public Sector Enterprises) (Not applicable in cases valuing lessthan Rs.5.00 lakhs) :

Except as otherwise provided elsewhere in the Contract, if any dispute,difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, in connection with construction,meaning, operation, effect, interpretation of the Contract or breach thereof whichparties are unable to settle mutually, the same shall be referred to Arbitration asprovided hereunder:

1. A party wishing to commence arbitration proceeding shall invoke ArbitrationClause by giving 60 days notice to the other party. The notice invoking arbitrationshall specify all the points of disputes with details of the amount claimed to bereferred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in IndianRupee for the purpose of constitution of the arbitral tribunal.

2. The number of the arbitrators and the appointing authority will be as under:

Claim amount(excluding claim

for interest andcounter claim, if any)

Number of arbitrator Appointing authority

Upto Rs.50.00lakhs

Sole Arbitrator to beappointed from a panelof retired officers fromONGC/other PSU/Non-PSU organizations.

ONGC[Note: ONGC will forward a listcontaining names of five retiredofficers from ONGC/other PSU/Non-PSU organizations for selecting one from the list whowill be appointed as solearbitrator by ONGC]

Above Rs.50.00

lakhs to Rs.5.00

Sole Arbitrator to be

appointed from a panel

ONGC

[Note: ONGC will forward a list



Claim amount(excluding claimfor interest andcounter claim, if any)

Number of arbitrator Appointing authority

crores of retired Juristscontaining names of five juriststo the other party for selectingone from the list who will beappointed as sole arbitrator byONGC]

Above Rs.5.00crores

3 Arbitrators

One arbitrator by each party andthe 3rd arbitrator, who shall bethe presiding arbitrator, by thetwo arbitrators. ONGC willappoint its arbitrator from thepanel of jurists.

3. The parties agree that they shall appoint only those persons as arbitrators whoaccept the conditions of this arbitration clause, including the fees scheduleprovided herein. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the conditions of this arbitration clause.

4. Parties agree that there will be no objection if the Arbitrator appointed holdsequity shares of ONGC and/or is a retired officer of ONGC / any other PSU.However, neither party shall appoint its serving employee as arbitrator.

5. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for theconcerned party/arbitrators to appoint another person in his place in the same

manner as aforesaid. Such person shall proceed with the reference from thestage where his predecessor had left if both parties consent for the same;otherwise, he shall proceed de novo.

6. Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest on its claims. Parties agree that any claim for such interestmade by any party shall be void.

7. The arbitral tribunal shall make and publish the award within time stipulated asunder:

Amount of Claims and Counter

Claims (excluding interest)

Period for making and publishing of the

award (counted from the date of first meetingof the arbitrators):

Upto Rs.5.00 crores Within 8 months Above Rs.5.00 crores Within 12 months

The above time limit can be extended by the arbitrator(s), for reasons to berecorded in writing, with the consent of the parties.

8. Arbitrators shall be paid fees at the following rates:

Amount of Claims

and Counter Claims

Lump sum fees (including fees for study of

pleadings, case material, writing of the award,



(excluding interest) secretarial charges etc.) payable to each arbitrator (to be shared equally by the parties)

Upto Rs.50.00 lakhs Rs.10,000/- per meeting subject to a ceiling of Rs.1,00,000/-.

Above Rs.50.00 lakhs

to Rs.1.00 crore

Rs.1,35,000/- plus Rs.1,800/- per lakh or a part there of

subject to a ceiling of Rs.2,25,000/-. Above Rs.1.00 croreand upto Rs.5.00Crores

Rs.2,25,000/- plus Rs.33,750 per crore or a part there of subject to a ceiling of Rs.3,60,000/-.

Above Rs.5.00 croresand upto Rs.10.00crores.

Rs.3,60,000/- plus Rs.22,500/- per crore or a part thereof subject to a ceiling of Rs.4,72,500/-.

Above Rs.10.00crores

Rs.4,72,500/- plus Rs.18,000/- per crore or part thereof subject to a ceiling of Rs.15,00,000/-.

9. If after commencement of the Arbitration proceedings, the parties agree to settlethe dispute mutually or refer the dispute to conciliation, the arbitrators shall put

the proceedings in abeyance until such period as requested by the parties.Where the proceedings are put in abeyance or terminated on account of mutualsettlement of dispute by the parties, the fees payable to the arbitrators shall bedetermined as under:

(i) 20%of the fees if the claimant has not submitted statement of claim.(ii) 40% of the fees if the pleadings are complete.(iii) 60% of the fees if the hearing has commenced.(iv) 80% of the fees if the hearing is concluded but the award is yet to be passed.

10. Each party shall pay its share of arbitrator’s fees in stages as under:

(i) 20% of the fees on filing of reply to the statement of claim.(ii) 40 % of the fees on completion of pleadings.(iii) 20% of the fees on conclusion of the final hearing.(iv) 20% at the time when award is given to the parties.

11. Each party shall be responsible to make arrangements for the travel and stayetc. of the arbitrator appointed by it. Claimant shall also be responsible for making arrangements for travel / stay arrangements for the Presiding Arbitrator and the expenses incurred shall be shared equally by the parties.

In case of sole arbitrator, ONGC shall make all necessary arrangements for histravel/ stay and the expenses incurred shall be shared equally by the parties.

12. The Arbitration shall be held at the place from where the Contract has beenawarded. However, parties to the Contract can agree for a different place for theconvenience of all concerned.

13. The Arbitrator(s) shall give reasoned and speaking award and it shall be finaland binding on the parties.

14. Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall apply tothe arbitration proceedings under this clause.



42.1 Resolution of disputes through conciliation by OEC (Not applicable in casesvaluing less than Rs 5 lakhs):

If any dispute, difference, question or disagreement arises between the partieshereto or their respective representatives or assignees, in connection withconstruction, meaning, operation, effect, interpretation of the Contract or breachthereof which parties are unable to settle mutually, the same may first be referredto conciliation through Outside Expert Committee (“OEC”) to be constituted byCMD, ONGC as provided hereunder:

1. The party desirous of resorting to conciliation shall send a notice of 30 (thirty)days to the other party of its intention of referring the dispute for resolutionthrough OEC. The notice invoking conciliation shall specify all the points of disputes with details of the amount claimed to be referred to OEC and the partyconcerned shall not raise any new issue thereafter.

2. CMD, ONGC shall nominate three outside experts, one each from

Financial/commercial, Technical and Legal fields from the Panel of OutsideExperts maintained by ONGC who shall together be referred to as OEC (OutsideExperts Committee).

3. Parties shall not claim any interest on claims/counterclaims from the date of notice invoking conciliation till execution of settlement agreement, if so arrived at.In case, parties are unable to reach a settlement, no interest shall be claimed byeither party for the period from the date of notice invoking conciliation till the dateof OEC recommendations in any further proceeding.

4. The Proceedings of the OEC shall be broadly governed by Part III of the Arbitration and Conciliation Act, 1996 including any modifications thereof.

5. OEC shall hear both the parties and recommend possible terms of settlement between the parties. The recommendations of OEC shall be non-binding and the parties may decide to accept or not to accept the same. Partiesshall be at liberty to accept the OEC recommendation with any modification theymay deem fit.

6. Where recommendations are acceptable to both the parties, a settlementagreement will be drawn up in terms of the OEC recommendations or with suchmodifications as may be agreed upon by the parties. The settlement agreementshall be signed by both the parties and authenticated by all the OEC memberseither in person or through circulation. This settlement agreement shall have the

same legal status and effect as that of an arbitration award on agreed terms onthe substance of the dispute rendered by an arbitral tribunal under Section 30 of the Arbitration and Conciliation Act, 1996.

7. The parties shall keep confidential all matters relating to the conciliationproceedings. Confidentiality shall extend also to the settlement agreement,except where its disclosure is necessary for purposes of implementation andenforcement.

8. The parties shall not rely upon or introduce as evidence in any further arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that isthe subject of the conciliation proceedings,



(a) views expressed or suggestions made by the other party in respectof a possible settlement of the dispute;

(b) admissions made by the other party in the course of the OEC proceedings;(c) proposals made by the OEC;(d) the fact that the other party had indicated his willingness to accept a

proposal for settlement made by the OEC.

2. The parties shall present their case before OEC only through their in-houseexecutives. Neither party shall be represented by a lawyer unless OECspecifically desires that some issue of legal nature is in dispute that needs to beclarified / interpreted by a lawyer.

3. OEC members shall be entitled for the following fees and facilities :

Fees/ Facility Entitlement To bepaid by

Fees Rs.10,000/- per meeting subject to

maximum of Rs.1,00,000/- for the wholecase. In addition, one OEC member chosen by OEC shall be paid an additionalamount of Rs. 10,000 towards secretarialexpenses in writing minutes / OECrecommendations.

Claimant

Additional Fee for attending meeting toauthenticate thesettlementagreement

Rs.10,000/-. Claimant

Transportation in the

city of the meetingLuxury car or Rs.1,500/- per day.

ClaimantVenue for meeting ONGC conference rooms/Hotels

ONGC

Facilities to be provided to the out -stationed member

Travel from the cityof residence to thecity of meeting

Business class air tickets/ first class traintickets/ Luxury car/ reimbursement of actual fare. However, entitlement of air travel by Business class shall be subject toausterity measures, if any, ordered byGovt. of India.

Claimant

Transport to and froairport / railwaystation in the city of residence

Luxury car or Rs.2,000/-. Claimant

Stay for out stationedmembers

5 Star Hotel. ONGC

Transport in the cityof meeting

Luxury car or Rs.1,500 per day. Claimant

4. All the expenditure incurred in the OEC proceedings shall be shared by theparties in equal proportion. The parties shall maintain account of expenditure and



present to the other for the purpose of sharing on conclusion of the OECproceedings.

12. If the parties are not able to resolve the dispute through OEC or do not opt for conciliation through OEC, the party may invoke arbitration clause as provided inthe Contract.

43.0 ARBITRATION CLAUSE (APPLICABLE IN CASE OF SUPPLY ORDER/CONTRACTS ON PUBLIC SECTOR ENTERPRISES) :

In the event of any dispute or difference relating to, arising from or connectedwith the Contract, such dispute or difference shall be referred by either party tothe arbitration of one of the Arbitrators in the Department of Public Enterprisesto be nominated by the Secretary to the Government of India, Incharge of Bureau of Public Enterprises. The Arbitration and conciliation Act 1996 shallnot be applicable to the arbitration under this clause. The award of thearbitrator shall be binding upon the parties to the dispute, provided, however,

any party aggrieved by such award may make a further reference for settingaside on revision of award to the Law Secretary, Department of Legal Affairs,Ministry of Law & Justice, Government of India. Upon such reference, thedispute shall be decided by the Law Secretary or the Special Secretary/ Additional Secretary, when so authorised by Law Secretary, whose decisionshall bind the parties finally and conclusively. The parties in the dispute willshare equally the cost of arbitration as intimated by the Arbitrator.

44.0 APPLICABLE LAW AND JURISDICTION :

44.1 The Supply order, including all matters connected with this Supply order shallbe governed by the Indian law both substantive and procedural, for the time

being in force and shall be subject to the exclusive jurisdiction of IndianCourts at the place from where the Purchase Order has been placed.

44.2 Foreign companies, operating in India or entering into Joint ventures in India,Shall have to obey the law of the Land and there shall be no compromise or excuse for the ignorance of the Indian legal system in any way.

45.0 EMPLOYMENT BY FIRMS TO OFFICIALS OF ONGC :

Firms/companies who have or had business relations with ONGC are advisednot to employ serving ONGC employees without prior permission. It is alsoadvised not to employ ex-personnel of ONGC within the initial two years

period after their retirement/resignation/severance from the service withoutspecific permission of ONGC. The ONGC may decide not to deal with suchfirm(s) who fail to comply with the above advice.

46.0 REFERENCE OF SUPPLY ORDER IN ALL CORRESPONDENCE :

Reference of this Supply order should invariably be quoted in allcorrespondence relating to this Supply order.

47.0 EXPORT / RE-EXPORT CONTROL RESTRICTIONS IMPOSED BY PARENTCOUNTRY :



In case there are certain export / re-export control restrictions imposed by parentcountry of the bidder(s) w.r.t the goods offered by them to ONGC regarding their end use or the end user or regarding their usage in certain other countries, thenthe bidder can intimate about same while quoting in the ONGC tender(s). Suchintimation by the bidder about goods being covered under export controlregulations will not lead to rejection of the offer(s) in ONGC tenders. Further, incase of placement of Supply order on such bidder(s), it should be stipulatedtherein that the goods being purchased against this order would be used byONGC for exploration and exploitation of hydrocarbons in India only. However, if for any reasons whatsoever the end use or end user of these goods is requiredto be changed or if these goods are to be taken for use in countries out sideIndia, then ONGC would request the supplier to obtain consent from theconcerned authority in their country.

48.0 LIABILITY UNDER THE CONTRACT :

The total liability of the supplier arising out of sale or use of the

equipment / material/goods supplied by them, if the same is founddefective, shall be limited to the Contract value of such defective unit(s)and associated tools. In no event shall either party be liable to the other whether in Contract, tort or otherwise for any consequential loss or damage, loss of use, loss of production, or loss of profit or interest costsor environmental pollution damage whatsoever arising.

49.0 APPLICABLE FOR DEVELOPMENT ORDERS :

A development order shall be considered as executed and the respective bidder shall be considered as developed / proven source, only after satisfactorycompletion of field trial testing and issuance of a certificate by the authorized

officer of ONGC to this effect. Thereafter, offers of such developed / provensource will be considered against future tenders for the item(s) which has beenso developed by the party.

Payment for the item(s) supplied against development order will be made onlyagainst the satisfactory performance certificate issued by ONGC after field trialtesting.

Notwithstanding the above provisions, successful development and or Supply toONGC thereof does not guarantee the vendor any assured order(s) from ONGC.

50.0 INTEGRITY PACT (APPLICABLE FOR CASES ABOVE Rs.1.00 CRORES) :

The Integrity pact, duly signed by the authorized official of ONGC and theContractor, will form part of this Contract / Supply order.

51.0 PUTTING SUPPLIER ON HOLIDAY DUE TO CANCELLATION OF PURCHASEORDER :

In case of cancellation of the purchase order(s) on account of non-execution of the order and / or annulment of the award due to non-submission of PerformanceSecurity or, failure to honour the commitments under ‘Warranty & Guarantee’requirements following actions shall be taken against the Supplier:



i. ONGC shall conduct an inquiry against the Supplier and consequent to theconclusion of the inquiry, if it is found that the fault is on the part of the Supplier,then they shall be put on holiday [i.e. neither any tender enquiry will be issued tosuch a Supplier by ONGC against any type of tender nor their offer will beconsidered by ONGC against any ongoing tender(s) where Contract betweenONGC and that particular Contractor (as a bidder) has not been concluded] for aperiod of two years from the date the order for putting the Contractor on holidayis issued. However, the action taken by ONGC for putting that Supplier onholiday shall not have any effect on other ongoing PO(s), if any with that Supplier which shall continue till expiry of their term(s).

ii. Pending completion of the enquiry process for putting the Supplier on holiday,ONGC shall neither issue any tender enquiry to the defaulting Supplier nor shallconsider their offer in any ongoing tender .



Appendix - 1

Proforma of Bank Guarantee towards Performance Security.PERFORMANCE GUARANTEE

Ref. No._____________________________Bank Guarantee No ______________ Dated

To,General Manager (MM)ONGC, Assam Asset,Nazira-785 685, Sivasagar Assam

Dear Sirs,

1. In consideration of Oil and Natural Gas Corporation Limited, incorporated

under the Companies Act, 1956, having its Registered Office at Jeevan Bharti,Tower-II , 124 Indira Chowk, New Delhi-110001, India and one of its officesat _____________________ (hereinafter referred to as `ONGC', whichexpression shall, unless repugnant to the context or meaning thereof, include allits successors, administrators, executors and assignees) having entered into aContract No. __________________ dated _______________ (hereinafter called 'the Contract' which expression shall include all the amendmentsthereto) with M/s __________________________ having its registered/headoffice at ______________________(hereinafter referred to as the 'Contractor')which expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assignees) andONGC having agreed that the Contractor shall furnish to ONGC a performance

guarantee for Indian Rupees/US$ .............. for the faithful performance of theentire Contract.

2. We (name of the bank) ______________________________ registered under the laws of _______ having head/registered office at __________________________ (hereinafter referred to as "the Bank", whichexpression shall, unless repugnant to the context or meaning thereof, includeall its successors, administrators, executors and permitted assignees) dohereby guarantee and undertake to pay immediately on first demand in writingany /all moneys to the extent of Indian Rs./US$ (in figures) __________ (Indian Rupees/US Dollars (in words)_____________________________)without any demur, reservation, contest or protest and/or without any

reference to the Contractor. Any such demand made by ONGC on the Bank byserving a written notice shall be conclusive and binding, without any proof, onthe bank as regards the amount due and payable, notwithstanding anydispute(s) pending before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or thing whatsoever, as liability under thesepresents being absolute and unequivocal. We agree that the guarantee hereincontained shall be irrevocable and shall continue to be enforceable until it isdischarged by ONGC in writing. This guarantee shall not be determined,discharged or affected by the liquidation, winding up, dissolution or insolvencyof the Contractor and shall remain valid, binding and operative against the bank.

3. The Bank also agrees that ONGC at its option shall be entitled to enforce thisGuarantee against the Bank as a principal debtor, in the first instance, without



proceeding against the Contractor and notwithstanding any security or other guarantee that ONGC may have in relation to the Contractor's liabilities.

4. The Bank further agrees that ONGC shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to varyany of the terms and conditions of the said Contract or to extend time of performance by the said Contractor(s) from time to time or to postpone for anytime or from time to time exercise of any of the powers vested in ONGCagainst the said Contractor(s) and to forbear or enforce any of the terms andconditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the saidContractor(s) or for any forbearance, act or omission on the part of ONGC or any indulgence by ONGC to the said Contractor(s) or any such matter or thingwhatsoever which under the law relating to sureties would, but for this provision,have effect of so relieving us.

5. The Bank further agrees that the Guarantee herein contained shall remain in full

force during the period that is taken for the performance of the Contract and alldues of ONGC under or by virtue of this Contract have been fully paid andits claim satisfied or discharged or till ONGC discharges this guarantee inwriting, whichever is earlier.

6. This Guarantee shall not be discharged by any change in our constitution, in theconstitution of ONGC or that of the Contractor.

7. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of issue.

8. The Bank also agrees that this guarantee shall be governed and construed in

accordance with Indian Laws and subject to the exclusive jurisdiction of IndianCourts of the place from where the purchase order has been placed.

9. Notwithstanding anything contained herein above, our liability under thisGuarantee is limited to Indian Rs./US$ (in figures) ______________ (IndianRupees/US Dollars (in words) ____________________) and our guaranteeshall remain in force until ______________________.(indicate the date of expiry of bank guarantee)

Any claim under this Guarantee must be received by us before the expiry of thisBank Guarantee. If no such claim has been received by us by the said date, therights of ONGC under this Guarantee will cease. However, if such a claim has

been received by us within the said date, all the rights of ONGC under thisGuarantee shall be valid and shall not cease until we have satisfied that claim.

In witness whereof, the Bank through its authorised officer has set its handand stamp on this ........ day of ........2013 at .....................

-------------------------(Signature)

Full name, designation andaddress (in legible letters) with Bankstamp



Attorney as per power of Attorney No.............Dated ....................

WITNESS NO. 1

--------------------------(Signature)

Full name and officialaddress (in legible letters)

WITNESS NO. 2

--------------------------(Signature)Full name and officialaddress (in legible letters)



INSTRUCTIONS FOR FURNISHING PERFORMANCE GUARANTEE

1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamp

paper / franking receipt as per stamp duty applicable at the place from where thepurchase order has been placed. The non-judicial stamp paper /frankingreceipt should be either in name of the issuing bank or the Contractor.

2. Foreign parties are requested to execute bank guarantee as par law in their country.

3. Foreign bidders will give guarantee either in the currency of the offer or US $(US Dollar)i.e. Indian Rs/US $ have been mentioned only for illustration.Therefore, in case where bank guarantee is being given in currency other than'Rupees' or U.S.$, indicate the relevant currency of the offer.

4. The expiry date as mentioned in clause 9 should be arrived at by adding 120days (for foreign bidders) / 60 days (for Indian bidders) to the Contractcompletion date, unless otherwise specified in the bidding documents.

5.(a) The Bank Guarantee by Indian Contractor will be given from Nationalized/Scheduled Banks only. The Foreign Contractor will give Bank Guarantee froman Indian bank situated in their country.

(b) In case no Indian Bank is situated in foreign Contractor’s country, then BankGuarantee from foreign Bank acceptable to ONGC, either situated inContractor's country or in India (a list of foreign banks acceptable to ONGC isenclosed at Appendix-12 of Annexure-I of this bidding document for this purpose)

or from an Indian Scheduled Bank situated in India, will be considered.

(c) If any foreign Contractor desires to furnish bank guarantee from a bank other than those included in Appendix-12 of Annexure-I of this bidding document,such Contractor should furnish collateral security/ guarantee/ confirmation fromany of these 300 banks or the State Bank of India.



Appendix - 2From : M/s __________________________________

__________________________________ __________________________________

NO. DATE :

TO

HEAD, QUALITY ASSURANCE DIVISION,OIL AND NATURAL GAS CORPORATION LTD...................................................................................................................................................................

SUB: INTIMATION REGARDING READINESS OF MATERIALS FORSTAGE/FINAL INSPECTION.

REF : SUPPLY ORDER NO. _______________________________ ___________________________DATE _________________

Sir, Against subject Supply order, the materials are ready for inspection as follows (strike outwhich is not applicable ) :

i) Full Quantity as specified in the Supply Order.ii) Materials ready only in part quantities

Item No. Qty. Ordered Qty. Ready-------- ------------------ ---------------

iii) Materials are ready for Ist/IInd/Final Stage as per Quality Plan already approved.iv) Materials are ready after Ist Rework/IInd Rework in full quantity.

Our factory is closed on ___________ for weekly off.Kindly arrange to inspect the materials accordingly.On arrival, please contact Mr. _____________________of our firm (Phone No. _____________), who will coordinate the job of inspection.

Yours faithfully,

(Signature with name andfull address of supplier)

Copy for information to Order Placing Authority

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APPENDIX 3

SPECIMEN SHIPPING CLAUSE FOR GENERAL LINER CARGOES IMPORTS FROMABROAD TO INDIA

A. FOB/FAS CONTRACTS

Shipping arrangements will be made by the Ministry of Shipping and Transport(Chartering wing), New Delhi (Cable: TRANSCHART, NEW DELHI, Telex :VAHAN ND 2312, 2448 and 3104) through their respective Forwarding Agents/Nominees as mentioned below to whom adequate notice about thereadiness of each consignment should be given by the sellers from time to time atleast six weeks in advance of the required position, for finalising the shippingarrangements.

Area Forwarding Agents/Nominee

(a) UK including NorthernIreland (also Eire), the North

Continent of Europe (Germany,Holland, Belgium, France, Norway,Sweden, Finland and Denmark)and ports on the Continental

Sea-board of the Mediterranean(i.e. French and Western ItalianPorts), and also Adriatic ports.

M/s Panalpina World Transport,Panalpina Welttransport GmbHNagelsweg 37,D-20097, Hamburg, Germany.(PIC- Mr. Lothar von Hacht, Ocean Freigth

Export)PH: + 49 40 23771-126Fax: + 49 40 23771-342 or 344E-Mail : [email protected]

Spaldingstr-64

(b) U.S.A, Canada,Mexico and South America M/s OPT Overseas Project TransportInc., A Thyssen Hansiel Logistic Co. 46,Sellers Street, Kearney, New Jersey,07032 USA.Tel (201) 998-7771 Telex 6733586 Fax(201) 998-7833

(c) Japan The First Secretary(Commercial), Embassy of India, Tokyo,

Japan.(Cable:INDEMBASSY TOKYO)TLX : INDEMBASSY J 24850

TEL : 262-2391.

(d) Australia, Algeria,Bulgaria, Romania,Czechoslovakia, Egypt,G.D.R.

The Shipping Corporation of India Ltd."Shipping House"245, Madame Cama Road, Mumbai-400021.(Cable: SHIPINDIA BOMBAY)(TLX : 31-2209, SCID IN)Tel : 232666, 232785.

(e) Russia The Secretary, Indo Soviet ShippingService,

C/o The Shipping Corporation of IndiaLimited "Shipping House"245-Madame Cama Road,

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mailto:[email protected]

mailto:[email protected]



Mumbai-400021.(Cable: SHIPINDIA BOMBAY FOR

SOVINDSHIP)TLX: 312209 SCID IN) TEL: 232666.

(f) Poland The Secretaries, Indo Polish ShippingService,

C/o The Shipping Corporation of India Ltd.,"Shipping House"245-Madame Cama Road, Mumbai - Pin-400021.(Cable:SHIPINDIA BOMBAYFOR INDOPOL)(TLX:31-2209, SCID IN)TEL: 232666.

(g) Pakistan The Mogul Line Limited16-Bank Street,Fort,Mumbai-400023(Cable:MOGUL BOMBAY)Telex:0114049 MOGUL) TEL: 252785

(h) Other areas notspecificallymentioned above.

The Shipping Coordination Officer,Ministry of Shipping and Transport(Chartering Wing), NEW DELHI.(Cable: TRANSCHART, NEW DELHI)

Telex: VAHAN ND2312, 2448 & 3104

1. (i) Shipments from Australia, Algeria, Bulgaria, Romania, Czechoslovakia, Egypt

and G.D.R.

A copy of the notice about the readiness of each consignment given by the sellersto the Shipping Corporation of India, Mumbai, should also be endorsed to theShipping Coordination Officer, Ministry of Shipping and Transport (Charteringwing), New Delhi (Cable: TRANSCHART, NEW DELHI, Telex : VAHAN ND2312, 2448 and 3104).

(ii) Shipments from Russia

Shipment should be made in accordance with the Agreement between theGovernment of the Republic of India and the Govt of USSR on Merchant Shipping,

1976, as amended upto date by vessels of Indo-Soviet Shipping Service.

(iii) Shipments from Poland

Shipment would be made by the National flag lines of the two parties and vessels of third flag conference lines, in accordance with the Agreement between the Govt. of the Republic of India and the Govt of Polish People's Republic regarding ShippingCooperation dated 27-6-1960 as amended upto date.

(iv) Shipments from Czechoslovakia

Goods would be shipped by the national flag lines, of the two parties and vessels of

the third flag conference lines, in accordance with the Agreement on cooperation inshipping between India and Czechoslovakia signed on 3-11-1978 and ratified on29-12-79 as amended up-to-date.

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2. The Bills of Lading should be drawn so as to show :

Shippers : The Government of IndiaConsignee : The Government of India,

Oil and Natural Gas Corporation Ltd.,Calcutta. India

3. Two non-negotiable copies of the Bills of Lading indicating the freight amount anddiscount, if any allowed, should be forwarded to the Shipping CoordinationOfficer, Ministry of Shipping & Transport (Chartering Wing), ParivahanBhavan, New Delhi after the shipment of each consignment is effected.

SPECIMEN SHIPPING CLAUSE FOR GENERAL LINER GOES/IMPORTS FROMABROAD TO INDIA :

C&F/CIF/FOB/TURNKEY CONTRACTS :

1 (a) SHIPMENTS FROM PORTS OF U.K. INCLUDING NORTHERN IRELAND(ALSO EIRE) FROM THE NORTH CONTINENT OF EUROPE (WESTGERMANY), HOLLAND, BELGIUM, FRANCE, NORWAY, SWEDEN, DENMARK,FINLAND) AND PORT ON THE CONTINENTAL SEABOARD OF THEMEDITERRANEAN (i.e. FRENCH AND WESTERN ITALIAN PORTS), TOPORTS IN INDIA.

The Seller should arrange shipment of the goods by vessels belonging to themember lines of the India-Pakistan-Bangladesh Conference. If the Seller finds thatthe space on the Conference Lines' vessels is not available for any specificshipment, he should take up with India-Pakistan- Bangladesh ConferencesConferity house, East Greinstead, Sussex (U.K.) for providing shipping space and

also inform the Shipping Co-ordination Officer, Ministry of Shipping and Transport,New Delhi (CABLE : TRANSCHART NEW DELHI, TELEX: VAHAN ND-2312,2448,3104).

The Sellers should arrange shipment through the Govt. of India's Forwardingagents, M/s Schenker & Co. 2000-Hamburg (CABLE : SCHENKERCO HAMBURG)or obtain a certificate from them to the effect that shipment has been arranged inaccordance with instructions of the Ministry of Shipping and Transport(TRANSCHART), New Delhi.

1. (b) SHIPMENT FROM (ROSTOCE) G.D.R.

Goods would be shipped by the National shipping companies of the ContractingParties operating bilateral shipping service and vessels under the flag of thirdcountries in accordance with the Agreement between the Govt. of GermanDemocratic Republic and the Government of the Republic of India in the Field of Merchant Shipping signed on 19- 1-1979, as amended upto date.

If the Seller finds that the space on the Conference Lines vessels is notavailable for any particular consignment he should take up with India-Pakistan-Bangladesh Conferences, Conferity House,East Grinstead, Sussex, U.K. for providing shipping space and also inform the Shipping Coordination Officer,Ministry of Shipping and Transport (Chartering Wing) New Delhi (CABLE :TRANSCHART,NEW DELHI, TELEX : VAHAN ND- 2312, 2448 and 3104).

1. (c) SHIPMENTS FROM THE ADRIATIC PORTS OF EASTERN ITALY AND YUGOSLAVIA :

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The seller should arrange shipment of the goods by vessels belonging to thefollowing Indian member lines:

1. The Shipping Corporation of India Limited.

2. Scindia Steam Navigation Co. Ltd.

3. India Steamship Co. Ltd.

For the purpose of ascertaining the availability of suitable Indian vessels andgranting dispensation in the chart of their non availability the seller should giveadequate notice about the readiness of each consignment from time to time at leastsix weeks in advance of the required position to M/s. Schenker & Co., 2000HAMBURG (CABLE : SCHENKERCO, HAMBURG) and also endorse a copy thereof to the Shipping Coordination Officer, Ministry of Shipping and Transport, NewDelhi (CABLE : TRANSCHART NEW DELHI, TELEX : VAHAN ND 2312/2448/3104).

The Seller should arrange shipment through the Government of India'sForwarding Agents, M/s. Schenker & Co. Hamburg (CABLE: SCHENKERCOHAMBURG) or obtain certificate from them to the effect that shipment hasbeen arranged in accordance with the instructions of the Ministry of Shipping andTransport (TRANSCHART), New Delhi.

1. (d) SHIPMENTS FROM POLAND & CZECHOSLOVAKIA :

1.1 (i) IMPORTS FROM POLAND

Shipments under this Contract would be made by the national flag lines of the twoparties and vessels of third flag conference lines in accordance with the

agreement between the Govt. of the Republic of India and the Govt. of the PolishPeople's Republic regarding shipping cooperation dated 27-6-1960 as amendedupto date.

1.1. (ii) IMPORTS FROM CZECHOSLOVAKIA

Goods would be shipped by the national flag lines of the two parties and vessels of the third flags conference lines in accordance with the Agreement on cooperation inShipping between India and Czechoslovakia signed on 3-11-1978 and ratified on19- 12-1979 as amended upto date.

1.2. Shipping arrangement should be made by the Sellers in consulation with the

Resident Representative of the Indian Shipping Lines in Gdynia C/o Morska Agencja W. Gdyni, Gdyni, UI, Pulaskiege 8 p.o. Box 246, Gdynia (Poland) TelexMAG PL 054301, Tel 207621) to whom details regarding Contract number,nature of Cargo, Quantity, Port of Loading/Discharging, name of Governmentconsignee, expected date of readiness of each consignment, etc., should befurnished at least six weeks in advance of the required position, with copy thereof endorsed to the Shipping Coordination Officer, Ministry of Shipping andTransport (Chartering Wing) New Delhi (CABLE : TRANSCHART NEW DELHI,TELEX : VAHAN ND 2312/2448/3104).

1. (e) SHIPMENT FROM RUSSIA.

Shipment should be made in accordance with the agreement between theGovernment of the Republic of India and the Government of the USSR on

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Merchants Shipping 1976 as amended upto date by Vessels of Indo SovietShipping Service.

1. (f) SHIPMENT FROM JAPAN :

The shipment of goods should be made by Indian Vessels to the maximum extentpossible subject to a minimum of 50%.

The Seller should arrange shipment of the goods in consultation with the Embassyof India in Japan, Tokyo to whom details regarding Contract number, Nature of Cargo, quantity, port of loading/discharge/name of the Govt. consignee, expecteddate of readiness of each consignment, etc. should be furnished at least sixweeks in advance of required position.

NOTE : (The copies of such Contracts are to be endorsed both to the Attache(Commercial), Embassy of India in Japan, Tokyo and the ShippingCoordination Officer, Ministry of Shipping and Transport, New Delhi).

1. (g) SHIPMENT FROM AUSTRALIA, ALGERIA, BULGARIA, RUMANIA & EGYPT

The Seller shall arrange shipment of the goods by Indian Flag vessels to themaximum extent possible subject to a minimum of 50%. For the purpose of ascertaining the availability of suitable Indian vessels, the Seller shall giveadequate notice of not less than six weeks about the readiness of eachconsignment to the Shipping Corporation of India Ltd. SHIPPING HOUSE, 245,Madame Cama Road, Mumbai-400021 (CABLE : SHIPINDIA BOMBAY) and alsoendorse a copy thereof to the shipping Coordination Officer, Ministry of Shippingand Transport, New Delhi (CABLE : TRANSCHART NEW DELHI, TELEX :VAHAN ND - 2312,3104).

1. (h) SHIPMENTS FROM PAKISTAN : The shipment of cargo should be made by Indian Vessels to the maximum extentpossible subject to a minimum of 50%. Shipping arrangement should be made by thesellers in consultation with M/s. Mogul Line Limited, 16 Bank Street, Fort, Mumbai400021 (CABLE:MOGUL BOMBAY: TLX: 001 4049 MOGUL), to whom detailsregarding Contract number, nature of cargo, quantity, port of loading/discharging,name of Government consignee, expected date of readiness of eachconsignment, etc., should be furnished at least six weeks in advance of therequired position, with a copy thereof endorsed to the Shipping CoordinationOfficer, Ministry of Shipping and Transport (Chartering Wing), New Delhi(CABLE : TRANSCHART NEW DELHI, TELEX : VAHAN ND -2312, 2448 & 3104).

1. (i) SHIPMENTS FROM U.S. ATLANTIC & GULF PORTS :

The Seller should arrange shipment of the goods by vessels belonging to themember Lines of the India, Pakistan, Bangladesh, Ceylon and Burma OutwardFreight Conference. If the Seller finds that the space on the "Conference Lines"vessels is not available for any specific shipment, he should take up with India-Pakistan-Bangladesh-Ceylon and Burma Outward Freight Conference, 19 Rector Street, New York, NY.10006 USA for providing shipping space and also informthe Shipping Coordination Officer, Ministry of Shipping and Transport, New Delhi(CABLE : TRANSCHART NEW DELHI TELEX : VAHAN ND-2312, 2448 and 3104).

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1. (j) SHIPMENTS FROM ST. LAWRANCE AND EASTERN CANADIAN PORTS

The Seller should arrange shipment of the goods by vessels belonging to thefollowing Shipping Lines.

(1) The Shipping Corporation of India Ltd,(2) The Scindia Steam Navigation Co. Ltd.

If the Seller finds that the space on the vessels of these lines is not available for anyparticular consignment, he should inform the Shipping Coordination Officer, Ministryof Shipping and Transport, New Delhi (CABLE : TRANSCHART NEW DELHI ;TELEX : VAHAN ND-2312, 2448 and 3104) immediately so that dispensation fromthe Shipping Line concerned to use alternative lifting may be sought.

1. (k) SHIPMENTS FROM WEST COAST PORTS OF U.S.A. CANADA AND OTHERAREAS NOT SPECIFICALLY MENTIONED ABOVE.

The Seller should arrange shipment of the goods by Indian vessels to themaximum extent possible subject to minimum of 50%. For the purpose of ascertaining the availability of suitable Indian vessel and granting dispensation inthe event of their non-availability the Seller should furnish the details regardingContract number, nature of cargo, quantity, port of loading/discharge, name of theGovt. consignee and expected date of each consignment etc. to the Shipping Co-ordination Officer, Ministry of Shipping and Transport, New Delhi (CABLE ;TRANSCHART NEW DELHI : TELEX : VAHAN ND- 2312, 2448, 3104) at least sixweeks in advance of the required position.

2. BILLS OF LADING

(i) C.I.F/C&F/TURNKEY SHIPMENTS.

The Bill of lading should be drawn to indicate the `Shipper' and 'Consignee' asunder :

SHIPPER : The C.I.F./C&F/TURNKEY Suppliers concerned.

CONSIGNEE : The Government of India, Oil & Natural GasCorporation Limited, Mumbai/Calcutta/Chennai(as the case may be).

(ii) F.O.R. SHIPMENTS :

The Bills of Lading should be drawn to indicate `Shipper' and 'Consignee' as under :

SHIPPER : The F.O.R. suppliers concerned.CONSIGNEE : SUPPLIER's Indian Agents or order.

Note :- Moreover the Govt of India, Oil and Natural Gas Corporation Limited Calcuttashould appear in the body of the Bills of Lading as "Ultimate Consignee" or as the'Notify party' or in the mark.

3. Two non-negotiable copies of the bills of lading indicating the freight amount anddiscount, if any allowed, should be forwarded to the Shipping Coordination Officer,

Ministry of Shipping and Transport (Chartering Wing), New Delhi after the shipmentof each consignment is effected.

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4. The Sellers should avoid the use of over-aged vessels for the shipment of the goodsunder the Contract and if so used the cost of additional insurance, if any, shall beborne by the sellers.

(C) SPECIMEN SHIPPING CLAUSE FOR BULK CARGOES

(i) FOB/FAS Contracts for imports from abroad :-

Shipping arrangements will be made by the Chief Controller of Chartering, Ministryof Shipping and Transport (Chartering Wing), New Delhi (CABLE : TRANSCHARTNEW DELHI, TELEX : VAHAN ND 2312/3104/ 2448).

(Thereafter the usual terms relating to load /discharge rate, demurrage /despatch,notice to be given etc., and other conditions, if any, as may be required andagreed to by other Contracting party, should be incorporated in the Contract)

(ii) C&F/CIF Contracts for imports abroad :-

At least 50% of the quantity under this Contract will be shipped by Indian vessels inconsultation with the Chief Controller of Chartering, Ministry of Shipping andTransport (Chartering Wing), New Delhi (CABLE :TRANSCHART NEW DELHI),Telex : VAHAN ND 2312/3104/2448 Adequate notice about the readiness of eachconsignment should be given from time to time (at least six weeks in advance of the required position) to the Chief Controller of Chartering, New Delhi for ascertaining availability of Indian vessels or for granting dispensation to use non-Indian vessels in the event of non-availability of Indian vessels, a minimum of three clear working days notice indicating the nature, quantity and expecteddate of readiness of cargo, suitable lay days and other conditions, if any, date andtime by which the offer for shipping space is required, should be given to the Chief Controller of Chartering, Ministry of Shipping and Transport (Chartering Wing), New

Delhi for circulating the enquiry to the Indian companies concerned to enable themto offer shipping space.

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ANNEXURE – III

Technical Specifications of Non Invasive Fluid Additive (NIF)

109



110



ANNEXURE – III (a)

SPECIAL TERMS & CONDITIONS

1.0 SAMPLING/BONDING (APPLICABLE FOR PURCHASE OF CHEMICALS)

1.1 Before the Material is taken on charge, ONGC will undertake Sampling,Bonding, Testing and Debonding of each lot. The following procedure willadopted.

After the issue of detailed order, the supplier shall offer the Material for sampling and bonding as per schedule of date of delivery indicated in theSupply order. Sampling, bonding of each lot of product will be done atPREMISES/GODOWN of the manufacturer by an Officer from Chemistry.The sampling /bonding Officer will ensure that Supply of Chemicals is inmanufacturer’s original packing as specified in the Supply Order. Eachbag/drum/barrel of product should bear mark of the name of Manufacturer,

name of Chemical, lot no., Batch No. date of manufacture and Supply order No and date. Testing of the samples will carried out in the ONGCLaboratories/ONGC approved Laboratories as per the terms of Supply order.

The Bidder must indicate in their offer, detailed address of premises/ godownof manufacturer where the material will be offered for sampling/bonding.Incase bidder is not a manufacturer then the bidder shall provide certificatefrom the concerned manufacturer accepting that Sampling / BondingProcedure indicated at Annexure III(d) and clearly indicating the detailedaddress where the material shall be offered for sampling bonding.

Total four bulk sample will be drawn during sampling/bonding. The bulksamples taken will have the seal of both the party and ONGC. Two sampleswill be sent to Lab for test , one sample will be given to the supplier and thefourth one is to be retained with the purchase department.

If the sampled and bonded lot is found meeting Supply Order specifications asper the Test Report issued by ONGC Laboratory/ONGC approvedLaboratory, then the lot will be despatched as per debonding procedure.

1.2 In the event of bulk sample getting rejected the Supplier will be asked toreprocess it and offer again. However if the product fails even second time,the Supplier will have the option to get it tested on payment basis in hispresence from the same Laboratory where it was tested earlier on following :

I ONGC will refund the testing fee if the earlier results found faulty.II The Supplier on his part will be debarred from participating in ONGC

tenders for a period of ONE year if earlier results are confirmed.III ONGC has the right to decide on merit of the case as to whether the

supplier should be debarred for a period of one year from participating inONGC tenders for that particular item where supplier does not challengethe laboratory test result wherein the material offered for a second time

after reprocessing to specification, and re-testing of bulk sample is notasked on payment basis.

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IV ONGC reserves right to cancel part/full quantity of the Supply order which has failed twice laboratory test.

1.3 Wherever re-sampling /bonding are to be done, it will be carried out at thecost of the supplier including the expenditure on sampling/bonding team andLaboratory testing charges.

1.4 ONGC reserves the right to inspect/test the Material at destination on receiptand such results shall be final and binding on the supplier. Destinationsampling and testing will be resorted only on such occasions when there is afailure in performance of the supplied material as observed by the user.Bidders taking exception to destination sampling, testing and freereplacement on freight pre-paid basis if found sub-standard on testing atdestination will not be considered.

1.5 DATE OF DELIVERY :

Date of offering of material for Sampling/Bonding will be treated as date of Delivery for the lot passed in Lab Test, provided bulk sample drawn from the lotsampled and bonded is found meeting/conforming to Supply order specificationin respect of all parameters when tested in ONGC laboratory/ONGC approvedlaboratory. In case bulk sample drawn from material/lot sampled & bonded isfound not meeting/conforming to Supply order specification in respect of allparameters when tested in ONGC laboratory/ONGC approved laboratory, thenthe date on which material is offered to ONGC for sampling & bonding after reprocessing/ fresh lot is offered, will be treated as date of delivery for thepurpose of calculating the liquidated damages.

The above date of offering of material for sampling & bonding will be the date onwhich ONGC team is asked to visit the premises of the supplier for sampling &bonding and not the date of the letter/telex by which readiness of material iscommunicated. The intimation about readiness of material shall be intimated atleast 8 days in advance to GM (MM)-Head MM, ROB-III, 1ST Floor, ONGC,Nazira, Assam-785685 (INDIA).

1.5 BULK SUPPLIES :

For indigenous suppliers before despatch of materials sampling bonding andtesting of each lot of the product will be done at firm's premises by an ONGCofficer from Chemistry Department. Testing of the samples will be carried out inthe ONGC laboratories/ ONGC approved laboratories as per the terms of Supply order. The debonding of each lot will be done by ONGC officer after receipt of test report with the remarks that material conforms to order specification. The material will be despatched by supplier in presence of ONGCofficer detailed for debonding of the bulk lot.

For imports of chemicals of order value exceeding Rs.1.00 crore, inspection,testing and bonding before dispatch will be done by a Chemist of ONGC atsupplier's end. For despatch of material by the supplier in the presence of

team of officers deputed abroad for inspection, testing and bonding, each casewill be decided on merit after taking into consideration the position of availability of ships etc. Suitable provisions will be made in Supply order

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reserving ONGC's right to ask the supplier to despatch material in the presenceof the Chemist deputed abroad for inspection, testing and bonding.

Supplies valuing up to Rs.1.00 Crore will be tested and inspected on receipt atdestination i.e. at ONGC, Assam Asset before taking the material on charge.Supplier will be intimated the date of sampling at destination. Sampling of the

material will be carried out by ONGC Chemist in presence of the supplier’srepresentative, if deputed by the supplier and the material will be tested at theONGC approved laboratory. Material will be taken on charge if and only if thesample conforms to specification of the material.

1.7 Transshipment is not allowed. However, in exceptional cases, where due tosome unavoidable reasons, material has to be transshipped, this should bebrought to the notice of and needs to be informed to the debonding officer andpurchasing officer well in time. In such cases of transshipment, the supplier should take full responsibility for the material in case material is not found asbonded. In such cases, supplier should provide following certificate to the

debonding officer and Purchase Officer before material is delivered atdestination:

“We certify that the transshipment is made due to (reasons) and thatthe material transshipped is the same which was sampled/bonded, tested anddebonded and loaded earlier in trucks/trailers. We further undertake to takefull responsibility in case material is not found as bonded.

2.0 Delivery Period :

(a) For Indian suppliers : Single Lot of 2,51,590 Lbs within 4 weeks of

placement of placement of LOA.

(b) For Foreign suppliers : Single Lot of 2,51,590 Lbs within 4 weeks of opening of LC.

2.1 Terms of Delivery :-

(a) For Foreign Bidders : F.O.B Port of Export/CFR/CIF

(b) For Indian Bidders : FOR Destination, ONGC Stores,Lakwa

A) If the entire ordered quantity is offered in more lots than what hasbeen specified above, the supplier will bear the lumsump cost for extra lots on account of expenditure for deputing Sampling/ Bonding/Debonding team and testing charges as under:-

(a) To & Fro actual fare by Air per person.(b) 2,000.00 per day per person on account of Hotel charges and

misc. expenditure for the period of stay where material is offered for sampling/bonding/debonding or actual expenditure whichever is

higher (c) Testing charges prescribed by ONGC per stack applicable at thetime of testing.

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(d) Presently applicable Testing Charges per sample:

Sl.No.

Chemicals Testing Charges

1 Non Invasive Fluid Additive(NIF)

14,187.00 ( Incl. of services charge @12.36%)

(e) The supplier will ensure to remit the amount on this account throughBank Draft in the name of Manager (F&A), Assam Asset, Assam onreceipt of intimation, failing which the amount will be adjusted out of the Invoice/PBG without Prejudice.

B) Supplier will also ensure to offer lots within the Contractual delivery periodfor which intimation shall be sent 10 days in advance before expiry of Contractual delivery date in format as per Appendix-2.

C) Bidder must indicate the complete address of place of Manufacturingwhere material is offered for sampling/ bonding.

D) The material should be kept in covered godown to protect the material fromvagaries of whether.

2.2 Testing lab for Bulk Sample in ONGC Labs :

Sl.No.

Name of Chemical Testing lab for bulk samples in ONGC Labs

1 Non Invasive Fluid Additive (NIF) IDT, ONGC, Kaulagarh Road, Dehradun

3.0 Indigenous bidders are requested to submit all photo copies i.e. NSICregistration Certificate, Sales Tax Certificate and CST Certificate duly attestedby issuing dept. or in Original.

4.0 All the Bidder will submit an undertaking along with its bid that all conditionscontained in Annexure-II of tender documents, are acceptable to himunconditionally in the tender, failing which his offer is liable to be ignored.

5.0 Bidders are also required to submit Tender document duly filled in e-portalduly digitally signed.

6.0 Offers sent, without prescribed Bid Bond and Test Report will be ignored.

7.0 The original invoice should accompany the following documents/details :

(A) Applicable for cases involving payment through Bank against proof of dispatch & satisfactory inspection:

a. Copy of valid registration certificate under the VAT/Sales Tax rules.b. Particulars required for making payments through ‘Electronic Payment


c. Mobile No. (Optional).d. Tax Invoice (Original and duplicate) issued under relevant rules CentralExcise, respective State VAT Act and Service Tax (as applicable),

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clearly indicating rates and amount of various taxes/ duties shownseparately).

e. Proof of dispatch (RR/GCN/LR etc.) freight paid/ to be billed basis (asper terms of delivery).

f. Proof of insuring material, in favour of ONGC, against losses,damages, breakages and shortages during transit (in the form of

insurance certificate / policy /receipt of premium paid).g. QCC or Lab Test report for satisfactory inspection.h. Warranty / Guarantee Certificate.i. Sampling/ bonding certificate and de-bonding certificate. j. e-mail ID.

(B) Applicable for cases involving payment after receipt of material atdestination:

Following documents / details should be furnished along with the invoice incases involving payment after receipt of material at destination:

a. Copy of valid registration certificate under the VAT/Sales Tax rules.b. Particulars required for making payments through ‘Electronic Payment


c. Mobile No. (Optional).d. Tax Invoice ( Original and duplicate) issued under relevant rules

Central Excise, respective State VAT Act and Service Tax (asapplicable), clearly indicating rates and amount of various taxes/duties shown separately).

e. Proof of delivery in case of direct / door delivery (i.e. GCN/LR/Delivery

Challans, duly acknowledged by the consignee, for receipt of materialin good condition).

f. QCC or Lab Test report for satisfactory inspection.g. Warranty / Guarantee Certificate.h. Sampling / bonding certificate and de-bonding certificate.i. e-mail ID. j. Particulars to be furnished by foreign bidders (non-residents as per

Income Tax Act, 1961):

Foreign bidders should invariably submit (along with their bid) thefollowing particulars, which are required to be furnished by ONGC toIncome Tax Department for complying with the requirements for makingremittances to non-residents as per Income Tax Act, 1961 (as amendedfrom time to time):

(i) Whether the non-resident has a Fixed Place PermanentEstablishment (PE) or a Dependent Agency PE in India, in terms of the Double Taxation Avoidance Agreement (DTAA) between Indiaand his country of tax residence through which the non-residentcarries on business activities in relation to its engagement byONGC and if, yes, address of the Fixed Place PE or name &

address of the Dependent Agent?

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(ii) Whether by carrying on activities in relation to its engagement byONGC, the non-resident constitutes an Installation/Construction PEor a Service PE in India in terms of the DTAA between India and hiscountry of tax residence?

(iii) If the non-resident has PE in India, whether the remittances to be

made to him under his engagement by ONGC are attributable tosuch PE?

(iv) If the remittances to be made to the non-resident under hisengagement by ONGC are attributable to a PE which it has in India,what quantum of the profits resulting to the non-resident from hisengagement by ONGC, can be said to be attributable to the roleplayed by the PE, and the basis of arriving at such quantum?

(v) If no part of the remittances to be made to the non-resident under his engagement by ONGC is attributable to a PE which it has in

India, what are the reasons for the same?

(vi) Non-resident’s complete address (not necessarily in India).

(vii) If the non-resident has an Indian Income Tax Permanent AccountNumber (PAN), what is that PAN?

(viii) Country of tax residence of the non-resident supported by a TaxResidency Certificate from the tax authorities of that country or thenon-resident’s own certificate (only if it is not possible for the non-resident to obtain & submit Tax Residency Certificate to ONGC

within a reasonable time).

(ix) Country which can be called the non-resident’s principal place of business. This could be the same as his country of tax residence or different depending on facts.

(x) Non-resident’s e-mail address.

(xi) Non-resident’s phone number with International Dialing code.

(xii) Whether the non-resident is constituted as a company, apartnership firm, or any other form of business organization.

In addition to above particulars, the bidder should also provide anyother information as may be required later for determining the taxabilityof the amount to be remitted to the non-resident. Further, the bidder shall be liable to intimate the subsequent changes (if any) to theinformation submitted against any of the above particulars, along withfull details.

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Annexure- III (b)

Bidders should furnish the following undertakings on bidder’s letterhead withreference to Bid Evaluation Criteria.

UNDERTAKING - I

We have the required facilities as per International standards for testing thequoted product as per ONGC specification and agree to providesampling/bonding and free testing facilities to ONGC’s inspection team at our works/premises before despatch of material to consignee.

Or

We undertake to arrange the required testing facilities at our own cost as per

International standards for testing the quoted product as per ONGC specificationand agree to provide sampling/bonding facilities to ONGC’s inspection team atour works/premises before despatch of material to consignee.(In case of Bidders who do not have in house testing facility)

UNDERTAKING - II

We accept that ONGC reserves the right to inspect the material at destinationon receipt and such result shall be final and binding on the supplier.

Note:

In case the bidder is not a manufacturer of the product, then the bidder shall provide the certificate on the principal manufacturer’s letter headduly signed by the principal manufacturer.

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Annexure- III (c)

Bidders should submit the following certificates

CERTIFICATE - ITo

The General Manager (MM)Oil and Natural Gas Corporation Ltd.,Assam AssetNAZIRA, ASSAMIndia.

Dear Sirs,

1. This is to certify that material being offered/supplied is of the same standardand quality as the one for which laboratory certificate has been attachedagainst Tender No.

2 We accept the sampling bonding procedure of ONGC as mentioned in thetender document and the address for sampling bonding is as under:

Yours faith fully,

Signature of manufacturer.

Note:

In case the bidder is not a manufacturer of the product, then the bidder shall provide the certificate on the principal manufacturer’s letter headduly signed by the principal manufacturer.

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CERTIFICATE - II

AUTHRITY LETTER IN ORIGINAL TO BE ISSUED ON MANUFACTURER’SLETTER HEAD ADDRESSED TO HEAD OF MM AS UNDER :-

To,GM (MM) - HMM,Materials ManagementROB-III, 1st Floor, Assam Asset,ONGC, Assam – 785685 (India)

Sub:- Tender No. R17DC13001 for Supply of Non Invasive Fluid Additive (NIF),Quantity : 2,51,590 Lbs.

This is to certify that M/s. _____________ is our authorised sole selling agent /authorised Supply house/ authorised dealer(delete other description which are notapplicable) who is authorised to market the product _________(item description) andvalid throughout the delivery period. We also agree to provide the required warrantycover for the product

Manufacturer name with Seal

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ANNEXURE - III (d)

STANDARD PROCEDURE OF SAMPLING/BONDING OF CHEMICALS

Sampling of Solid Chemicals & Additives

The sampling/bonding job is the responsibility of the Chemist representative. Thesample is to be drawn by Chemist, who has also to ensure that the party offering thematerial has to provide the required facility for uniform random coverage and doesnot obstruct the job quality in any manner.

The supplier/were housing agency/manufacturer-offering bulk-material shall be liableto ensure the following arrangements before sampling & bonding.

a) A safe Godown/were house located suitably and it must be in completecustody/security supervision of the supplier from offer of the material to

completion of despatch of the material to the consignee/MM Divns. Of ONGCthrough compliance of Forms procedures as applicable. The godown shouldalso protect the material the material from bad weather.

b) The warehouse shall preferably have separate enclosure free spaces wherethe material covered under sampling/bonding certificate of sampling/bondingexercise by the chemist can be securely and distinctly thread bonded &sealed and locked if possible.

c) Adequate space to move around and have access to any bag/container thatthe chemist chooses for sampling should be available. Proper height of stack,making passages to cover sampling thoroughly is obligatory. In view of the

responsibility of the chemist to have complied with the procedures of sampling, sampling chemist is empowered to exercise discretion in this regardon the party offering the material to create these facilities without whichsampling may be refused as it may not end up with a representative sampleof whole stack as desired i.e. representative sample of the whole stack.

d) Items required for sampling/bonding. Sampling scope/sampler, thread,,needle, lead, sealing wax, bucket, polythene lined empty bags for mixing of sample and empty bags for mixing of sample and empty packing of samespecifications as in Supply order etc. to be provided by the supplier.

Sampling is to be carried out as per procedure given below :1. Sampling will be done from a stack2. Each stack shall not exceed 100 MT quantities (except for Bentonite &

Barytes). This quantity is restricted to 100 MT (Max) to ensure that a stable,accessible, securely bondable quantity can be covered in one go.

3. Each stack will be placed properly and separately.4. Sampling will be done to the extent of 10% of the total number of

containers/bags offered at random.The sampling chemist have a fully comply the random sampling principles i.e.each row/column location of the stack is represented in the composite

sample.5. The stack shall be accessible from all the sides for prepare sampling.6. The stack height should not exceed 2 miters.

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7. The minimum quantity of the composite sample drawn should be 4 kg. Thesampling chemist may adjust the quantity from individual samplingbag/container accordingly.

During the sample exercise :

a) Choose about 8-1 bags/containers extremely randomly from whole of the

stack and get them emptied, examine visually and than allow refilling in emptypacking stitched and put back to the stack. Any abnormality, if observed, may be reflected in the sampling/Bondingcertificate.

b) Verify the weight of the net contents as per Supply order, record deviations if any and quantity may have to correct, if required.

8. The sample will be drawn by ONGC Chemist in presence of the firm’srepresentative.

9. The sample taken from individual packages shall be thoroughly mixed,

quartered and transferred to clean and dry, air tight containers, 500 gm.(minimum) in each uniform, leak proof, weather resistant and pilfer proof sealable polythene/metallic container, not affected by the material beingsampled, Suitable tape/thread to ensure pilfer proof sealing may be tiedwithout injuring the bottle/container in any manner. These samples will carry alabel indicating identification details of the material/exercise bottle shallcontain one seal each of ONGC and supplier.

10. The sampling bonding certificates & label of sample bottles shall indicatewitness signatures of all the individual parties involved in the exercise.

11. The distribution of four samples will be as follows:a) Two samples to be sent to testing lab

b) One sample for purchase departmentc) One sample to be retained by the supplier.

SAMPLE

1. Shape-Metallic scope1.1 Size – Length 35-40 cms., depending upon dimensions of packages

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(A) PACKING AND MARKING:

PACKING & MARKING FOR NON INVASIVE FLUID ADDITIVE (NIF)

PACKING :

Original packing from manufacturer, strong enough to withstand the rigors of

transit and storage.

Capacity: 25 Lbs sack

MARKING :

1 Name of the Product :2 Purchase Order No. and Date :

3Name of the Manufacturer / Supplier /Marketing agency.

:

4 Month and year of Manufacture. :

5 Lot Number :

6 Expected Shelf life :

7Hazard Warning (instructions for handling /immediate measures to be taken onexposure)

:

(B) SAMPLING OF LIQUID CHEMICALS AND ADDITIVES

The sampling is to be carried out as per procedure given below:

1. Sampling will be done from a stack.2. Each stack shall not exceed 50 MT quantity or 250Drums/barrels/containers/Jerycans etc. ( Whichever is less).

3. Each stack will be placed properly and separately4. The stack shall be accessible from all the sides for proper sampling5. The containers/barrels/drums etc. should preferably be placed in single layer.6. The sample will be drawn by ONGC chemist in presence of representatives of

the firm.7. The sample will be withdrawn from 10% number of drums/containers at

random from the stack.8. The containers to be stacked in such a manner that it is feasible to draw

sample from each member of the group.9. The containers if these are round can be rolled for 10-20 minutes each, so

that the inside contents are uniformly mixed. The following support items for the job must be available.

i) A liquid pump for emptying Barrel/container ii) A hollow metallic tube with a sliding solid insert rod suitable to slide full Length

of the hollow tube.iii) Stainless steel/enameled bucket in which the material to be sampled has no

chemical action.iv) Few empty containers conforming to specification.

v) Manpower for handling the barrels/containers

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10. Randomly examine/prove the uniformity of some homogenised barrels bypouring out the full contents into another empty container. Visually ensureuniformity; and the same may be recorded in the sampling/bonding certificate.

a) Choose few barrels at random and ensure that they are fee from sludge. Todo this, the hollow tube may be inserted upto bottom from then barrel openingand taken out. In case of the sludge and same will plug the bottom of the tubeand liquid will be supported without top close, rather easily. With the inserttube, presence of the sludge can be confirmed. This will be visually noticeablein translucent polythene containers.

b) In case the sludge material is of thermodynamic origin separating out due totemperature cycles, allow to attain equilibrium, Roll the containers if they areDrums, Jerrycans can be shaken carefully keeping the handling hazard inmind. At the end of this exercise the entire contents must be easilyhomogenized and parable to empty containers without visual change in theflow.

c) For Sampling and verifying the barrel for uniformity of content, the barrel

pump shall also be immersed to full depth. Slowly withdraw the barrel pumpafter drawl of the sample. The lower end may be seen for any abnormalsludge.

With this the sampling can be carried out from a randomly chosen population of containers. For better discretion all the members chosen for sampling may bestacked together as a sub-stack of the same stack at an identified location of thestack.

11. The sample from individual barrels is collected in the bucket, mixedthoroughly and packed 500 ml. Each in suitable, unreactive, leak-proof, sea-label containers. Each sample container will be closed with lead proof

stopper, called and sealed with ONGC and suppliers seal.

12. The distribution of four samples will be as follows :a) Two samples to be sent to testing labb) One sample for Material Management Deptt.c) One sample to be retained by the supplier.

GENERAL (AS PER GENERAL I.S.I. METHODOLOGY FOR SAMPLING)

1. Precautions shall be taken to protect the samples, the material beingsampled, the sampling instrument and the container for samples fromadventitious contamination.

2. To draw a representative sample, the contents of each container selected for sampling shall be mixed as thoroughly as possible by suitable means.

3. The sample shall be placed in suitable, clean, dry and airtight glass or other suitable containers on which the material has no action.

4. Each sample container shall be sealed airtight after filling and marked with fulldetails of sampling, the date of sampling and the year of manufacture of thematerial.

SCALE OF SAMPLING

5. LOT- All the containers in a single consignment of the material of one grade

and drawn from a single batch of manufacture shall constitute a lot. If aconsignment is declared or known to consist of different grades or batches of

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manufacture, the containers belonging to the same grade and batch shall begrouped together and each such group shall constitute a separate lot.

6. Sample shall be tested from each stack for ascertaining conformity of thematerial to the requirements of the specification. As the sampling operation has to be practical in terms of physical accessibilityof each container/bag/packing, stability for thread bonding, the specified

quantity is to be grouped in one stack. This will be referred to as stack number and will be covered under one sampling/bonding certificate.7. The containers to be selected for sampling shall be chosen at random from

the log/stack and for this purpose random number tables shall be used. Alternatively when the random tables are not available the containers may benumbered serially 1,2,3……………. and so on. Suppose, we have to takesample from 10% quantity then will be 10 and thus continuous from 1 to r willcover 10 containers/bags. Sampling frequency should be so maintained thatany random position in the continuous sequence if 1 to r (i.e.1 to 10) iscounted, any one bag/container will be sampled.

PREPARATION OF TEST SAMPLES :8. Draw with an appropriate sampling instrument a small portion of the material

from different parts of each container selected. The total parts of eachcontainer selected. The total quantity of the material drawn from eachcontainer shall be sufficient to conduct the tests for all the characteristicsgiven under 3 and shall not exceed 1 kg.

9. Thoroughly mix all portions of the material drawn from the same container.Out of these portions a small but equal quantity shall be taken from eachselected container and shall be well mixed together so as to form a compositesample weighing not less then 600 g. This composite sample shall be dividedinto three equal parties: as for the purchaser, another for the supplier and thethird to be used as reference sample.

10. The remaining portion of the material from each container (after a smallquantity needed for the formation of composite sample has been taken) shallbe divided into three equal parts, each part weighing not less than 100g.These parts shall be immediately transferred to thoroughly dried bottles,which are then sealed air tight with stoppers and labeled with all theparticulars of sampling as per Para 4 above. The material in each such sealedbottle shall constitute an individual test sample. These individual samplesshall be separated into three identical sets of samples in such a way that eachcontainer is selected. One of these three sets shall be sent to the purchaser,another to the supplier and the third shall be used as reference sample.

11. Reference Sample-The reference sample shall consist of the compositesample (See Para 9) and a set of individual samples (see para 10) marked for this purpose and shall bear the seals of the purchaser and the supplier. Theseshall be kept at a place agreed to between the purchaser and the Supplier and shall be used in case of dispute between the two.

12. The standard method of sampling should be as per BIS:883 for all chemicals.In case of Indian supplies, in the event of bulk samples failing to conform toSupply order specification, the supplier will be asked to reprocess it and offer

again or offer fresh material against that lot.

i) ONGC shall refund the testing fee if the earlier results are found faulty.124



ii) The supplier on his part will be debarred from participating in ONGCtenders for a period of one year, if the earlier results are confirmed.

iii) ONGC has the right to decide on merit of the case as to whether thesupplier should be debarred for a period of one year from participating inONGC tenders for that particular item where supplier does not challengethe laboratory test result wherein the material offered for a second time

after reprocessing has not again been found conforming to specification,and re-testing of bulk sample is not asked on payment basis.iv) ONGC reserves right to cancel part/full quantity of the Supply order which

has failed twice in laboratory test.

13. ONGC reserves the right to inspect/test the material at destination on receiptand such results shall be final and binding on the supplier. Destinationsampling and testing will be resorted only on such occasions when there is afailure in performance of the supplied material as failure in performance of thesupplied material as observed by the user. Bidders taking exception todestination sampling, testing and free replacement on freight pre-paid basis if

found sub-standard on testing at destination will be rejected.Undertaking to this effect should be submitted.

14. Before the material is despatched. ONGC will undertake Sampling, Bonding,testing and Debonding of each lot at firm premises.

15. After the issue of detailed order, the supplier shall offer the material for sampling and bonding as per schedule of date of delivery indicated in theSupply Order.

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ANNEXURE – IV

Bid Evaluation Criteria

A. Vital criteria for acceptance of bids :

Bidders are advised not to take any exception /deviations to the bid document.

Exceptions/ deviations, if any should be brought out during the Pre-bid conference.ONGC after processing such suggestions may, through an addendum to the biddocument, communicate to the bidders the changes in its bid document, if any. If exceptions / deviations are maintained in the bid, such conditional / non conforming bidsshall not be considered and may be rejected outright.

B. REJECTION CRITERIA :B.1 Technical Rejection criteria :

The following vital technical conditions should be strictly complied with failing which thebid will be rejected :

B.1.1. Bid should be complete in all aspects covering entire scope of job/ Supply and shouldconform to the technical specifications indicated in the bid document, duly supportedwith technical catalogues/ literatures, wherever applicable. Incomplete and non-conforming bids will be rejected outright.

B.1.2. Manufacturer’s Experience : In case the bidder is a manufacturer of Non InvasiveFluid additive, bidder should satisfy the following with documentary evidence whichshould be enclosed along with the techno-commercial bid:

a) Minimum 3 years of experience in manufacturing Non Invasive Fluid additive. For this purpose, the period reckoned shall be the period prior to the date of opening of techno-commercial bid.

b) The bidder should have manufactured and supplied (either by himself or hisauthorized distributor) minimum 10% of tendered chemical to various companies

during the last 3 years.Documentary evidence in respect of above should be submitted in the form of copies of

relevant Purchase Orders along with copies of any of the documents in respect of satisfactory execution of each of those Purchase Orders such as –

(i) Satisfactory Inspection report (OR)(ii) Satisfactory Supply completion/Installation report (OR)(iii) Consignee Receipted Delivery Challans (OR)(iv) Central Excise Gate Pass/ Tax Invoices issued under relevant rules of Central

Excise/VAT (OR)(v) Any other documentary evidence that can substantiate the satisfactory execution of

each of the purchase orders cited above.B.1.2.1. In case the bidder is not a Manufacturer, then the bidder is required to submit

documentary evidence in respect of the above B.1.2.(a) and B.1.2.(b) of the concernedManufacturer (having supplied Non Invasive Fluid additive either by Manufacturer himself or his distributor) along with the techno-commercial bid.

B.1.3. No tender sample is required to be submitted with the bid. Bidder must submit aLaboratory test report from the laboratory listed below along with the bid in original or copy duly attested by the issuing Laboratory or notary, of latest production batch of thequoted product . Brand name, if any, and, the name of the manufacturer whose producthas been quoted against this tender should be indicated without fail in the test report.Test report should not be older than one year from the Originally scheduled date of opening of techno-commercial un-priced bid :

List of testing labs:

(a) IDT, ONGC, Kaulagarh Road, Dehradun

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NOTE :1. The test report should clearly indicate the result against all technical parameters given in

the specification failing which the offer will be rejected.2. Bidders are required to get their samples tested in advance before the closing date of the

tender. Bids not accompanied with a valid test report shall be rejected. Test report issuedafter the closing date of bid submission will not be accepted. Proof of submission of the

sample at the ONGC lab for testing and obtaining test report will not be considered.B.1.3.1Test report of the bulk sample against Supply order placed by ONGC will also be

acceptable, if the test report conforms to specification attached with the tender document.Photocopy of bulk test report (as per the tender specifications attached with the tender document) shall be sufficient if the Supply order has been placed by ONGC. Such testreport should not be older than one year from the scheduled closing date of submission of bid and will be acceptable if the specification against which the bulk sample has beentested is the same as given in the present tender. Test report should be in the name of bidder only. Brand name, if any, and manufacturer should necessarily be mentioned inthe test report in case the bid is from sole selling agents / authorised distributors /authorised dealers / authorised Supply houses.

B.1.4. The bidder should have the required facilities for testing the quoted material as per International standards at their premises, and also agree to inspection by ONGC or anyother agency nominated by ONGC at their premises and provide such testing facilitiesfree of charge to the ONGC authorized inspector. In case bidder is not a manufacturer, anundertaking from the manufacturer to the effect that manufacturer possesses the requiredfacilities for testing the quoted material as per International standards at their premises,and also agree to inspection by ONGC or any other agency nominated by ONGC at their premises and shall provide such testing facilities free of charge to the ONGC authorizedinspector, is to be enclosed with the bid.

B.1.5. Bidder should submit a copy of Material Safety Data Sheet of the quoted chemicalalong with the bid.

B.1.6. The material should be supplied in the original packing of the Manufacturer with

markings conforming to the tender specifications.B.1.7. Bidders should agree for sampling / bonding / testing and despatch Clauses as givenin the as per special condition of the tender documents.

B.1.8. Bidder shall submit a Certificate from the Manufacturer (even if the item is beingpurchased through the authorized dealer) that the material being offered / supplied is of the same standard and quality as the one for which the laboratory certificate has beenattached.

B.1.9. The minimum remaining shelf life of the material should not be less than one year fromthe date of Supply. Bidder should submit a certificate from concerned Manufacturer indicating the shelf life of the quoted product from the actual manufacturer of the tendereditem.

B.1.10.The bidder must submit a certificate in original from actual Manufacturer of the

tendered item that their capacity is adequate to cover the quantity offered to ONGCagainst the tender in addition to its other commitment.

B.2 Commercial rejection criteria :

The following vital commercial conditions should be strictly complied with failing which thebid will be rejected.

B.2.1 Eligibility of Bidders :

Bidder should preferably be a Manufacturer. In case the bidder is not a manufacturer, itsbid can also be considered provided such bid is accompanied with back-up authorityletter from the concerned Manufacturer, who authorizes them to market their productprovided further, such an authority letter is valid at the time of bidding and should remain

valid during the entire execution period of the order. Required warranty cover of themanufacturer (as per the warranty clause of the bid document) for the product will beprovided by such a bidder and an undertaking to this effect shall be provided by the

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bidder in the techno-commercial bid. Offers without back-up authority letter fromManufacturers will not be considered.

B.2.2 Acceptance of terms and conditions :

The bidder must submit an undertaking along with their techno-commercial bid that allinstructions and conditions of tender document as well as instructions contained in theweb site etenders.ongc.co.in are acceptable to them unconditionally.

B.2.3. Bid alongwith all appendices and copies of documents (including scanned copies of the documents required in original) should be submitted in two bid system in e-formthrough ONGC’s e-bidding engine. The techno-commercial bid shall contain all detailswithout indicating prices of the quoted items. However, a suitable response shall beselected for the given options against each item of the Price Bid format at Annexure-VIII(Bidders response sheet) to indicate that there is a quote against that item in the pricebid. The price bid shall contain only the prices, duly filled, in the online price format of ONGC’s e-procurement engine.

The price bids submitted in physical form against e-procurement tenders shall not begiven any cognizance. However, the following documents (in original) should necessarilybe submitted in physical form and should reach at the purchaser’s office within 07

calendar days, after opening of Techno-commercial bids in sealed envelopesuperscripted as “Tender Number and due for opening on …….”. The outer cover shouldduly bear the tender number and date of closing / opening prominently underlined, alongwith the address of purchaser’s office, as indicated in invitation for Bids :

(i) The original Bid Security / Bid bond.(ii) “Integrity Pact” duly signed.(iii) Lab Test Report in original or copy duly attested by issued laboratory or notary

attested.(iv) The power of attorney or authorization, or any other document consisting of adequate

proof of the ability of the signatory to bind the bidder, in original, when power of attorney is special power of attorney relating to the specific tender of ONGC only. A

notarized true copy of the power of attorney shall also be accepted in lieu of theoriginal, if the power of attorney is a general power of attorney. However photo copyof such notarized true copy shall not be accepted.

B.2.4The offers of the bidders indicating/disclosing prices in techno-commercial (un-pricedbid) or at any stage before opening of price-bid shall be straightaway rejected.

B.2.5. Offers of following kinds will also be rejected :a) Offers made without Bid Bond / Bank Guarantee / Earnest money

along with the offer {Refer Clause No.25 of Instructions to Bidders (Annexure-I of booklet)}.

b) Offers not submitted in e-form through ONGC’s e-procurement engine.c) Offers made by Agents / Consultants / Retainers / Representative Associates of foreign

principals.d) Offers which do not confirm unconditional validity of the bid for 90 days from the date of

opening of bid.e) Offers where prices are not firm and /or with any qualifications.(f) (i) Offers which do not conform to ONGC’s online price bid format as given in the e-

bidding engine.

FOB prices must include all the charges to put the materials on board the vessel. C&F,CIF/CIAF prices must include all the charges to offload the materials at the port of discharge.

(ii) Offers which do not conform filling of all relevant fields in the on-line bidding format for the items quoted by them.

g) Offers which do not conform to the delivery/ completion period indicated in the biddocument.

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h. Offers not accompanied with an undertaking to provide all the necessary certificates /documents for enabling ONGC to avail Input VAT credit and CENVAT credit benefits(wherever applicable), in respect of the payments of VAT, Excise Duty, Service Tax etc.which are payable against the Contract (if awarded), alongwith documentary evidence for payment of Excise Duty and Service Tax.

i. Offers not accompanied with a declaration that neither the bidders themselves, nor any of

its allied concerns, partners or associates or directors or proprietors involved in anycapacity, are currently serving any banning orders issued by ONGC debarring them fromcarrying on business dealings with ONGC

j. Non-submission of Integrity Pact along with the bid, duly signed by the same signatorywho signs the bids even after giving an opportunity after opening of techno-commercialbids. (applicable for tenders above Rs.1.0 Crore)

k. Offers of the bidders violating the provisions of Integrity Pact (Wherever applicable)l. Offers and all attached documents not digitally signed using digital signatures issued by

an acceptable Certifying Authority (CA) as per Indian IT Act 2000 by the person as per power of attorney submitted as per BEC clause B.2.3.

B.2.6 Indian agent is not permitted to represent more than one foreign bidder (Supplier /Manufacturer / Contractor) in a particular tender. In case, if an Indian Agent represents

more than one foreign bidder (Supplier / Manufacturer / Contractor) in a particular tender,then offer of such foreign bidders (Supplier/ Manufacturer / Contractor) shall be rejectedin that tender.

C.1. Price Evaluation Criteria:

(i) Bids will be evaluated item-wise. Ex-works price of domestic Bidders (with Customsduty on imported raw materials and components etc. and applicable terminal ExciseDuty on finished products and Sales Tax) excluding inland transportation to owner’s siteand CIF landed price of foreign Bidders i.e. CIF value (i.e. FOB price quoted + quotedfreight + 1% of FOB price as insurance) + Customs Duty (as applicable) (on total of CIFvalue plus landing charges @ 1% of CIF value) excluding inland transportation to ownerssite will be compared.

(ii) If there is no acceptable foreign Bidder, then the final inter-se evaluation of domesticBidders will be made on FOR destination basis and Supply order will be awarded to thedomestic Bidder who happens to be the lowest on FOR destination basis.

(iii) However, if under (i) above, a domestic Bidder emerges L-1, but whose rates are higher on FOR destination basis as compared to any other acceptable domestic Bidder, thensuch L-1 Bidder would have to match its rates to the level of the lowest FOR destinationrate.

(iv) While evaluating the bids, the closing B.C. selling market rates of exchange declared bythe State Bank of India on the day prior to the price bid opening will be taken intoaccount for conversion of foreign currency into Indian Rupees. Where the time lagbetween opening of price bid and final decision exceeds three months, the B.C. sellingmarket rate of exchange declared by SBI on the day prior to date of final decision willbe adopted for conversion of foreign currency into Indian Rupees.

(v) Optional items, if any, shall not be considered for evaluation.

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D. GENERAL :

1. Discount : Bidders are advised not to indicate any separate discount. Discount, if anyshould be merged with the quoted prices. Discount of any type indicated separately willnot be taken into account for evaluation purpose. However in the event such offer withoutconsidering discount is found to be lowest, Corporation shall avail of such discount at thetime of award of Contract.

2. The Bidder is prohibited from offering any service / benefit of any manner to anyemployee of ONGC and that the Contractor may suffer summary termination of Contract /disqualification in case of violation.

3. Onsite inspection will be carried out by ONGC’s officers / representative / Third Parties atthe discretion of the ONGC.

4. The BEC over-rides all other similar Clauses operating anywhere in the Bid Documents.

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ANNEXURE – V

TECHNO COMMERCIAL MATRIX

The Technical and commercial Evaluation Matrix in the form of questionnaire must be filledin & duly signed by the Authorized signatory & submitted along with the Techno-commercialBid (Un-priced bid) for evaluation of their offer failing which the offer shall be rejected.

Bidder must categorically respond to each point of this matrix along with reference to their quote (bid) i.e. page no. of the bid.

The page no. / sr no. should be assigned to each page and the total number of pages shouldbe mentioned in the bid.

Overwriting / Erasing are not permitted. Bidder is advised to fill the information carefully.

Questionnaire Bidder’s ResponseQuote

Ref

A. Vital criteria for acceptance of bids :

Bidders are advised not to take any exception/deviations to the bid document. Exceptions/deviations, if any should be brought out during the Pre-bid conference. ONGC after processing suchsuggestions may, through an addendum to the biddocument, communicate to the bidders the changes in

its bid document, if any. If exceptions / deviations aremaintained in the bid, such conditional / nonconforming bids shall not be considered and may berejected outright.

Complied

Not Complied

B. REJECTION CRITERIA :

B.1 Technical Rejection criteria :

The following vital technical conditions should bestrictly complied with failing which the bid will berejected :

Complied

Not Complied

B.1.1. Bid should be complete in all aspects covering

entire scope of job/ Supply and should conform to thetechnical specifications indicated in the biddocument, duly supported with technical catalogues/literatures, wherever applicable. Incomplete andnon-conforming bids will be rejected outright.

Complied

Not Complied

B.1.2. Manufacturer’s Experience : In case the bidder is a manufacturer of Non Invasive Fluid additive,bidder should satisfy the following with documentaryevidence which should be enclosed along with thetechno-commercial bid:

a) Minimum 3 years of experience in manufacturing

Non Invasive Fluid additive. For this purpose,the period reckoned shall be the period prior tothe date of opening of techno-commercial bid.

Complied

Not Complied

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tender document. Photocopy of bulk test report (asper the tender specifications attached with the tender document) shall be sufficient if the Supply order hasbeen placed by ONGC. Such test report should notbe older than one year from the scheduled closingdate of submission of bid and will be acceptable if thespecification against which the bulk sample has been

tested is the same as given in the present tender.Test report should be in the name of bidder only.Brand name, if any, and manufacturer shouldnecessarily be mentioned in the test report in casethe bid is from sole selling agents / authoriseddistributors / authorised dealers / authorised Supplyhouses.

B.1.4. The bidder should have the required facilities for testing the quoted material as per Internationalstandards at their premises, and also agree toinspection by ONGC or any other agency nominatedby ONGC at their premises and provide such testingfacilities free of charge to the ONGC authorizedinspector. In case bidder is not a manufacturer, anundertaking from the manufacturer to the effect thatmanufacturer possesses the required facilities for testing the quoted material as per Internationalstandards at their premises, and also agree toinspection by ONGC or any other agency nominatedby ONGC at their premises and shall provide suchtesting facilities free of charge to the ONGCauthorized inspector, is to be enclosed with the bid.

Complied

Not Complied

B.1.5. Bidder should submit a copy of Material Safety

Data Sheet of the quoted chemical along with thebid.

Submitted

Not SubmittedB.1.6. The material should be supplied in the original

packing of the Manufacturer with markingsconforming to the tender specifications.

Complied

Not CompliedB.1.7. Bidders should agree for sampling / bonding /

testing and despatch Clauses as given in the as per special condition of the tender documents.

Complied

Not CompliedB.1.8. Bidder shall submit a Certificate from the

Manufacturer (even if the item is being purchasedthrough the authorized dealer) that the materialbeing offered / supplied is of the same standard and

quality as the one for which the laboratorycertificate has been attached.

Submitted

Not Submitted

B.1.9. The minimum remaining shelf life of the materialshould not be less than one year from the date of Supply. Bidder should submit a certificate fromconcerned Manufacturer indicating the shelf life of the quoted product from the actual manufacturer of the tendered item.

Submitted

Not Submitted

B.1.10.The bidder must submit a certificate in originalfrom actual Manufacturer of the tendered item thattheir capacity is adequate to cover the quantityoffered to ONGC against the tender in addition to itsother commitment.

Submitted

Not Submitted

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B.2 Commercial rejection criteria :

The following vital commercial conditions should bestrictly complied with failing which the bid will berejected.

B.2.1 Eligibility of Bidders :

Bidder should preferably be a Manufacturer. In casethe bidder is not a manufacturer, its bid can also beconsidered provided such bid is accompanied withback-up authority letter from the concernedManufacturer, who authorizes them to market their product provided further, such an authority letter isvalid at the time of bidding and should remain validduring the entire execution period of the order.Required warranty cover of the manufacturer (as per the warranty clause of the bid document) for theproduct will be provided by such a bidder and anundertaking to this effect shall be provided by thebidder in the techno-commercial bid. Offers withoutback-up authority letter from Manufacturers will notbe considered.

Complied

Not Complied

B.2.2 Acceptance of terms and conditions :

The bidder must submit an undertaking along withtheir techno-commercial bid that all instructions andconditions of tender document as well asinstructions contained in the web siteetenders.ongc.co.in are acceptable to themunconditionally.

Submitted

Not Submitted

B.2.3. Bid alongwith all appendices and copies of documents (including scanned copies of thedocuments required in original) should be submittedin two bid system in e-form through ONGC’s e-bidding engine. The techno-commercial bid shallcontain all details without indicating prices of thequoted items. However, a suitable response shall beselected for the given options against each item of the Price Bid format at Annexure-VIII (Biddersresponse sheet) to indicate that there is a quoteagainst that item in the price bid. The price bid shallcontain only the prices, duly filled, in the online price

format of ONGC’s e-procurement engine.

The price bids submitted in physical form against e-procurement tenders shall not be given anycognizance. However, the following documents (inoriginal) should necessarily be submitted in physicalform and should reach at the purchaser’s officewithin 07 calendar days, after opening of Techno-commercial bids in sealed envelope superscripted as“Tender Number and due for opening on …….”. Theouter cover should duly bear the tender number anddate of closing / opening prominently underlined,

along with the address of purchaser’s office, asindicated in invitation for Bids :

CompliedNot Complied

135



(i) The original Bid Security / Bid bond.(ii) “Integrity Pact” duly signed.(iii) Lab Test Report in original or copy duly attested

by issued laboratory or notary attested.(iv) The power of attorney or authorization, or any

other document consisting of adequate proof of the ability of the signatory to bind the bidder, in

original, when power of attorney is special power of attorney relating to the specific tender of ONGC only. A notarized true copy of the power of attorney shall also be accepted in lieu of theoriginal, if the power of attorney is a generalpower of attorney. However photo copy of suchnotarized true copy shall not be accepted.

B.2.4The offers of the bidders indicating/disclosingprices in techno-commercial (un-priced bid) or atany stage before opening of price-bid shall bestraightaway rejected.

Complied

Not Complied

B.2.5. Offers of following kinds will also be rejected :b) Offers made without Bid Bond /

Bank Guarantee / Earnest money along with the offer {Refer Clause No.25 of Instructions to Bidders(Annexure-I of booklet)}.

Submitted

Not Submitted

b) Offers not submitted in e-form through ONGC’s e-procurement engine.

Submitted

Not Submittedc) Offers made by Agents / Consultants / Retainers /

Representative Associates of foreign principals.Complied

Not Compliedd) Offers which do not confirm unconditional validity of

the bid for 90 days from the date of opening of bid.

Complied

Not Compliede) Offers where prices are not firm and /or with any

qualifications.Complied

Not Complied(f) (i) Offers which do not conform to ONGC’s online

price bid format as given in the e- bidding engine.

FOB prices must include all the charges to put thematerials on board the vessel. C&F, CIF/CIAFprices must include all the charges to offload thematerials at the port of discharge.

(ii) Offers which do not conform filling of all relevantfields in the on-line bidding format for the itemsquoted by them.

Complied

Not Complied

Complied

Not Complied

g) Offers which do not conform to the delivery/completion period indicated in the bid document.

Complied

Not Complied

136



h. Offers not accompanied with an undertaking toprovide all the necessary certificates / documents for enabling ONGC to avail Input VAT credit andCENVAT credit benefits (wherever applicable), inrespect of the payments of VAT, Excise Duty,Service Tax etc. which are payable against theContract (if awarded), alongwith documentary

evidence for payment of Excise Duty and ServiceTax.

Submitted

Not Submitted

i. Offers not accompanied with a declaration that neither the bidders themselves, nor any of its alliedconcerns, partners or associates or directors or proprietors involved in any capacity, are currentlyserving any banning orders issued by ONGCdebarring them from carrying on business dealingswith ONGC

Submitted

Not Submitted

j. Non-submission of Integrity Pact along with the bid,duly signed by the same signatory who signs the bidseven after giving an opportunity after opening of techno-commercial bids. (applicable for tendersabove Rs.1.0 Crore)

Submitted

Not Submitted

k. Offers of the bidders violating the provisions of Integrity Pact (Wherever applicable)

Complied

Not Compliedl. Offers and all attached documents not digitally signed

using digital signatures issued by an acceptableCertifying Authority (CA) as per Indian IT Act 2000 bythe person as per power of attorney submitted as per BEC clause B.2.3

Complied

Not Complied

B.2.6 Indian agent is not permitted to represent more

than one foreign bidder (Supplier / Manufacturer /Contractor) in a particular tender. In case, if an Indian Agent represents more than one foreign bidder (Supplier / Manufacturer / Contractor) in a particular tender, then offer of such foreign bidders (Supplier/Manufacturer / Contractor) shall be rejected in thattender.

Complied

Not Complied

C.1. Price Evaluation Criteria:

(i) Bids will be evaluated item-wise. Ex-works price of domestic Bidders (with Customs duty on importedraw materials and components etc. and applicable

terminal Excise Duty on finished products and SalesTax) excluding inland transportation to owner’s siteand CIF landed price of foreign Bidders i.e. CIF value(i.e. FOB price quoted + quoted freight + 1% of FOBprice as insurance) + Customs Duty (as applicable)(on total of CIF value plus landing charges @ 1% of CIF value) excluding inland transportation to ownerssite will be compared.

Noted and Agreed

Not agreed

(ii) If there is no acceptable foreign Bidder, then thefinal inter-se evaluation of domestic Bidders will bemade on FOR destination basis and Supply order will be awarded to the domestic Bidder whohappens to be the lowest on FOR destination basis.

Noted and Agreed

Not agreed

137



(iii) However, if under (i) above, a domestic Bidder emerges L-1, but whose rates are higher on FORdestination basis as compared to any other acceptable domestic Bidder, then such L-1 Bidder would have to match its rates to the level of thelowest FOR destination rate.

Noted and Agreed

Not agreed

(iv) While evaluating the bids, the closing B.C. selling

market rates of exchange declared by the StateBank of India on the day prior to the price bidopening will be taken into account for conversion of foreign currency into Indian Rupees. Where thetime lag between opening of price bid and finaldecision exceeds three months, the B.C. sellingmarket rate of exchange declared by SBI on theday prior to date of final decision will be adopted for conversion of foreign currency into Indian Rupees.

Noted and Agreed

Not agreed

(v) Optional items, if any, shall not be considered for evaluation.

Noted and Agreed

Not agreed(vi) If Customs Duty/Excise Duty/Sales Tax are being

taken into account for the purpose of evaluation of bids then the rate of Customs Duty / Excise Duty /Sales Tax as prevailing on the date of bidclosing/date of revised price bid closing as thecase may be will be taken into consideration for the propose of evaluation of bids. However, if there is any change in the rate of CustomsDuty/Excise Duty /Sales Tax after the date of bidclosing/date of revised price bid closing but prior toaward of the Contract due to which there is anychange in the original ranking of Bidders, then theBidder who has emerged lowest based on the rateof Customs Duty/Excise Duty / Sales Tax asprevailing on the date of bid closing / bidsubmission /opening of revised prices would beconsidered for award of Contract but subject tomatching his prices with the Bidder who hasemerged lowest as a result of modification induties & taxes. In case originally evaluated L-1Bidder fails to match the price (with the Bidder who emerges L-1 due to change in Duties) then

the award of Contract will go to the Bidder whosubsequently emerges L-1 due to change inDuties.

Noted and Agreed

Not agreed

C.2. Price Preference to Small Scale Sectors registeredwith NSIC:

(a) ONGC reserves the right to allow to Small ScaleSectors registered with NSIC purchase preferencefacility as admissible as per existing Governmentpolicy.

Noted and Agreed

Not agreed

(b) The bidders are requested to check the latestposition on the subject on their own and ONGC

does not accept any liability whatsoever, on thisaccount.

Noted and Agreed

Not agreed

138



C.3 Deemed Exports Benefits:

As per Export-Import Policy in vogue, read withPublic Notice N0. 2(FT)/DEA2000 dated 29/8/2000issued by Department of Economic Affairs, Ministryof Finance, supplies to ONGC shall be entitled for Deemed Export Benefits for PEL/ML areas, issued or

renewed after 1.4.99 provided the tendered andoffered items are covered in the list 19 of NotificationNo: 17/2001-Customs dated 1-3-2001 as amendedfrom time to time.

Deemed Exports shall be eligible for the followingbenefits in respect of manufacture and Supply of goods qualifying as deemed exports :

a) Advanced License for intermediate Supply /deemed export.

b) Deemed Exports drawback.c) Refund of Terminal Excise Duty

The domestic Suppliers will quote net price after taking into account the Deemed Export Benefits asapplicable. The domestic bidders are requested tocheck the latest position on the subject on their ownand in the event of any increase in the Customs andExcise Duty due to change / abolition of the DeemedExport Benefits (DEB), within Contractual delivery,ONGC shall reimburse the same to the Supplier atactuals on submission of documentary proof of suchpayments having been made. The Bidder mustspecify in their bid the import content (quantity and

value wise), and the item number in the CustomsManual under which the raw material is to beimported by them. However, in case of any increasein Customs / Excise duty due to change / abolition of DEB beyond the original Contractual delivery /completion date, ONGC will not pay / reimburse suchincrease in Customs and Excise duty. In the event of any decrease in the Customs Duty and Excise Dutyby changing the DEB by the Govt., the supplier shallpass on such decrease to ONGC immediately. Thereimbursement (from either party) shall only belimited to the payment of Customs Duty / ExciseDuty, and not for any other benefit under DeemedExports to the Contractor / Supplier.

Noted and Agreed

Not agreed

C.4.Import Content : Indian bidders must indicate intheir bid, the following details of the import content(i) list of materials to be imported, (ii) the quantity,(iii) their CIF value, (iv) relevant Customs tariff and(v) currency(ies) involved thereof, in the Supplywhich shall be indicated in the Supply order /Contract.

Noted and Agreed

Not agreed

C.5. LC Confirmation Charges : LC confirmation charges will not be considered. If

the foreign bidder so insist, the confirmation chargeswill be to their account.

Noted and Agreed

Not agreed

139



D. GENERAL :

1. Discount : Bidders are advised not to indicate anyseparate discount. Discount, if any should be mergedwith the quoted prices. Discount of any type indicatedseparately will not be taken into account for evaluation purpose. However in the event such offer

without considering discount is found to be lowest,Corporation shall avail of such discount at the time of award of Contract.

Complied

Not complied

2. The Bidder is prohibited from offering any service /benefit of any manner to any employee of ONGC andthat the Contractor may suffer summary terminationof Contract / disqualification in case of violation.

Noted and Agreed

Not agreed

3. Onsite inspection will be carried out by ONGC’sofficers / representative / Third Parties at thediscretion of the ONGC.

Complied

Not complied

4. The BEC over-rides all other similar Clausesoperating anywhere in the Bid Documents.

Complied

Not complied

140



ANNEXURE – VI

PRICE FORMAT FOR NON INVASIVE FLUID ADDITIVE

(SEPARATELY UPLOADED IN SYSTEM)

141





143



144



145



146



147



ANNEXURE – VIIIBidder’s Response Sheet

(TO BE FILED-IN BY INDIAN BIDDERS)

TENDER NUMBER R17DC13001 DUE ON

BIDDER’S NAME CURRENCY

BID NUMBER & DATE

VALIDITY OF BID

LOCATION OF BIDDER’SWORKS

DESCRIPTION OF ITEMNon Invasive FluidAdditive (NIF) for PEL/MLarea

Unit of Measurement

Lbs

Required Quantity (inLbs)

2,51,590 Offered Quantity (inLbs)

SR.NO.

Elements UNIT RATE(in figure & in

words)

TOTALAMOUNT

(in figure &in words)

1 Basic Price Please Select Please Select

2 Packing & Forwarding Charges Please Select Please Select3 Ex-Works Price (1+2) Please Select Please Select

4 Excise Duty in percentage Please Select Please Select

5 Sales Tax in percentage Please Select Please Select

6 Ex-Works Price With Excise Duty & Sales Tax (3+4+5) Please Select Please Select

7Freight By Road Up To ONGC Lakwa Stores,Sivasagar, Assam

Please Select Please Select

8 Any Other Charges (To Be Specified)Please Select Please Select

9Assam Entry Tax @ % (Bidders to checkthemselves the applicability of rates)


10 F.O.R. Destination Price (6+7+8+9) Please Select Please Select

BIDDER MUST INDICATE:

Import Content (i.e. CIF value) included in EX-WORKS PRICE: Value: {percent}.

Customs Duty Value: { percent} (as prevailing on the date of bid submission)

Form – C: Required / Not Required

Road Permit: Required / Not Required

BIDDER’S SIGNATURE & DATESEAL OF BIDDER’S COMPANY

NOTE: The Prices must be filled in both in figures as well as in words in indelible ink and in case of anydiscrepancy in prices mentioned in figures and in words then the prices mentioned in words shall betaken as final.Supplies to ONGC qualified for concessional Sales Tax against Form-C.As per Assam Entry Tax Act 2008, entry tax is leviable on items for bringing the same into Assamagainst Supply order. ONGC will issue road permit to the firm whose dispatch point is outside Assamand pay the entry tax directly to concerned authority. For this purpose, offered price of bidder whosedispatch point is outside Assam, will be loaded by the existing applicable Assam entry tax.

148



149



(TO BE FILLED-IN BY FOREIGN BIDDERS) TENDER NUMBER R17DC13001 DUE ON

COUNTRY OF ORIGIN PORT OFEXPORT

BIDDER’S NAME CURRENCY

BID NUMBER & DATE VALIDITY OFBID

NAME OF INDIAN AGENT (IFANY)

DESCRIPTION OF ITEMNon Invasive FluidAdditive (NIF) forPEL/ML area

Unit of Measurement

Lbs

Required Quantity (in Lbs) 2,51,590 OfferedQuantity (inLbs)

ITEM

DESCRIPTION OFITEMS

Offered

Quantity

(inLbs)

GROSSWEIGHT(In Lbs)

NET WEIGHT(In Lbs)

GROSSVOLUME(In M3)

NETVOLUME(In M3)

Details of

Containers

(If material is

required to be

transported inContainer)

(a) (b) (c) (d) (e) (f) (g) (h)

1 NonInvasiveFluidAdditive(NIF) forPEL/MLarea

UNIT UNIT UNIT UNIT Number

TOTAL TOTAL TOTAL

TOTAL Size

UNIT RATE(in figure & in words)

TOTAL AMOUNT(in figure & in words)

1 BASIC PRICE Please Select Please Select

2 FOB CHARGES Please Select Please Select

3 TOTAL FOB PRICE (1+2) Please Select Please Select

4SEA FREIGHT UP TO KOLKATAPORT


5 C&F KOLKATA PORT PRICE (3+4) Please Select Please Select

6 INSURANCE CHARGES Please Select Please Select

7 CIF KOLKATA PORT (3+4+5+6) Please Select Please Select

BIDDER MUST INDICATE:

1. Indian Agent’s Commission (included in the FOB price): Please Select % (Please Select percent) of Total FOB Price.

BIDDER’S SIGNATURE & DATE

SEAL OF BIDDER’S COMPANY NOTE:1. The price quoted must be inclusive of Indian Agent commission, if any.2. Price must be mentioned in figures and words in indelible ink and in case of any discrepancy inprices mentioned in figures and words then the prices mentioned in words shall be taken as final.

Bidder is requested to provide following details (in case of payment through LC is insisted)required for opening of LC:

150



A) Details of Supplier:

i. Name of Recipient of Remittance:

ii. Complete Address of Recipient of Remittance:

iii. Account No:

iv. Indian PAN of Recipient of Remittance (If available):

v. Principal Place of Business:

vi. Country to which remittance is made: vii. (ISD Code)-Phone No. viii. E-Mail: ix. Status of Recipient of Remittance (Pl Tick√): Firm/Company/Others :

x. In case of Company-Type of Company:xi. Permanent Establishment (PE) Certificate as per clause No. 13.1.2 of “Instructions to bidder’s”

Annexure I of tender document:

B) Bank of Beneficiary:

i. Name of Bank:

ii. Address: iii. Telephone No: iv. Fax No: v. SWIFT Code:

C) Payment (TT or DD):

D) Tenor (sight or usance):

E) Place of expiry of LC:

BIDDER’S SIGNATURE & DATE

SEAL OF BIDDER’S COMPANY

151



NNEXURE – IXFormat for ECS payment.

OIL AND NATURAL GAS CORPORATION LTD.ASSAM ASSET NAZIRA

VENDOR MANDATE FORM(Vendor’s option to receive payments through Bank Accounts-ECS/NEFT/RTGS)

1. Name & Complete Address of the Supplier / Contractor as per Bank records

Name : Address :Phone No.

2. Name & Complete Address of the Bank with Branch details.

A) Name of the BankB) Name of the Branch.

Address

Telephone No.3. Type of Bank account ( Current/Savings/Cash Credit) with code (10/11/13)

Type of Bank account :

4. Bank Account Number ( indicate ‘Core Bank Account Number’ , if any).Bank Account No. :Ledger and Ledger folio number :

5. IFSC / NEFTCode (11 digit code) / MICR code, as applicable, alongwith a cancelledcheque leaf.IFSC / NEFT Code :MICR Code :

6. Permanent Account Number (PAN) under Income Tax Act ;

PAN No. :7. TIN/Sales Tax Registration Number (for Supply of Goods) and Service Tax

Registration Number (for Supply of Services), as applicableTIN Sales Registration No. (for Supply of Goods):Service Tax Registration Number (for Supply of Services) :

8. e-mail address of the vendor / authorized official (for receiving the updates onstatus of payments).”Email address :

9. Confirmation as to whether the bidder belong to the category of Micro, Small and Medium

Enterprises as defined in the “Micro, Small and Medium Enterprises Development Act, 2006(MSMEDA)”. If yes, specify the category of Micro, Small or Medium Enterprises and whether theenterprise is in manufacturing or service industry, alongwith valid documentary evidence.

(i) Confirm whether bidder belong to the category of Micro, Small and MediumEnterprises(by putting (√) mark):“Confirmed” / “Not confirmed ” .

(ii) If yes, Confirm the category of the bidder(by putting (√) mark):“Micro” / “Small” / “Medium Enterprises” .

(iii) Confirm whether the type of industry by putting (√) mark:

“Manufacturing” / “Service industry ”

152



I hereby declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the user institution responsible. I haveread the option invitation letter and agree to discharge the responsibilityexpected of me as a participant under the scheme.

( .)Signature of the Supplier / Contractor

Date :

Certified that the particulars furnished above are correct as per our records.

Bank’s Stamp

Date Signature of authorized official of theBank

153



ANNEXURE– XD E C L A R A T I O N

1. We declare that neither ourselves nor any of our allied concerns, partners or associates or directors or proprietors involved in any capacity, are currentlyserving any banning orders issued by ONGC debarring us from carrying onbusiness dealings with ONGC.

2. We confirm having read ONGC’s “Policy on Climate Change & Sustainability”in the tender document and we are working upon to develop our policy aswell.

Signature of the Bidder:

Name of the signatory:

Designation :

Place :

Date :

154



ANNEXURE-XI

Undertaking for Acceptance of Terms & Conditions

We have undertaken that all the instructions and conditions of tender document as well as the instructions contained in the web sitehttps://etender.ongc.co.in are acceptable to us unconditionally.

Signature of the Bidder:

Name of the signatory:

Designation :

Place :

Date :