Tender No: TC2DC12031 DEPARTMENT OF CIVIL ENGINEERING ONGC…3.imimg.com/data3/EM/EC/HTT-1325/1325_2012-12-21... · 2012-12-21 · owner of the project/work (copies duly attested

DEPARTMENT OF CIVIL ENGINEERING

ONGC, TRIPURA ASSET

Tender No: TC2DC12031

Unpriced Techno-Commercial Bid

Page 1 of 97

OIL AND NATURAL GAS CORPORATION LIMITED

TRIPURA ASSET

BID DOCUMENT (TWO BID SYSTEM)

PART A � Unpriced Techno Commercial Bid

This bid document contains pages 1 to 97 Name of work : Drilling and development of deep Tube Well for drill site KHBM

(RKH - 8) at Pacharthal. Tender No: TC2DC12031 Estimated Cost: RS. 11,78,407.00 Issued to :- Vendor�s Name: Vendor Code: Issued By:-

Free tenders for Drilling Work by Oil And Natural Gas Corporation Limited-1714132534

http://tenders.indiamart.com/


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CONTENTS

PART � A: UN-PRICED TECHNO-COMMERCIAL BID

Sl.No Title Page Contents 2 Notice Inviting Tender (NIT) 3 � 6

Annexure-I Instructions to Bidders 7 � 27 Annexure-II Bid Evaluation Criteria 28 - 31 Annexure-III BEC Compliance Matrix 32� 37 Annexure-IV Certificate of Acceptance/Compliance/Confirmation 38 Annexure-V Proforma Certificate on Relatives of Directors of ONGC 39 Annexure-VI General Conditions of Contract 40-81 Annexure-VII Additional Conditions of Contract 82-83 Annexure-VIII Special Conditions of Contract 84-92 Annexure-IX Check List 93-94 Annexure-X Schedule of Rates alongwith Blank Percentage Rate Format 95-97




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OIL AND NATURAL GAS CORPORATION LTD. TRIPURA ASSET, AGARTALA

IN-CHARGE TENDER CELL, CIVIL SECTION, ENGINEERING SERVICES,

ONGC COMPLEX, BADARGHAT, AGARTALA-799014 DATED: 20.12.2012

NOTICE INVITING TENDER OPEN PERCENTAGE RATE TENDER in TWO BID SYSTEM is hereby invited on behalf of Oil & Natural Gas Corporation LTD, from reputed contractors as per instructions given in bid documents. The details are as under.

1 TENDER NO. TC2DC12031. 2 Name of Work Drilling and development of deep Tube Well for drill

site KHBM (RKH - 8) at Pacharthal. 3 Estimated Cost &

Earnest Money Deposit

Estimated cost (Rupees) 11,78,407.00

Earnest Money Deposit (Rupees)

23,600.00

Earnest money shall be deposited along with Un-priced Techno-Contractual Bid in the form of Demand Draft / Pay order/ Banker�s Cheque, valid for 150 days from the date of

closing of bid, from a Nationalized / scheduled Bank in favour of Finance and Accounts Officer, ONGC, Agartala. (OR) In the form of Bank Guarantee from a Nationalized / scheduled Bank valid for 30 days beyond the period of bid validity as per Performa provided with the tender document.

4 Tender Fee Rs.200 /-(Rupees Two Hundred only). Tender Fee is to be paid in the form of Bank Draft (A/C Payee only)/ Pay Order from Nationalized / Scheduled Bank, payable to F&AO ONGC Ltd., AGARTALA.The Government Departments and Firms registered with NSIC are exempted from payment of tender fee.

5 Experience Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which tenders are invited should be either of the following(to be reckoned from the last date of preceding month to the one in which bids are invited).

The bidder should have completed at least three similar works each costing not less than the amount equal to 40% of estimated cost i.e. Rs.4,71,362.80 OR The bidder should have completed at least two similar works each costing not less than the amount equal to 50% of the estimated cost i.e. Rs.5,89,203.50 OR The bidder should have completed at least one similar work costing not less than the amount equal to 80% of the




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estimated cost i.e. Rs.9,42,725.60 Definition of �Similar Work� �Drilling and Development of Deep Tube Well�. Documentary proof in the following form obtained from the owner of the project/work (copies duly attested by notary public) to be submitted by the bidder.

a) Work order/ Agreement clearly showing name of work & value of work in line with definition of similar works.

b) Completion certificate of the works for which work orders/ agreements submitted.(The completion certificates showing nature of work, time period of execution (start date and completion dates) and total value of work executed.

Only completed works shall be considered for evaluation.

6

Financial Criteria Average Turnover of Bidders: 30% of Estimated Cost or more i.e. Rs.3,53,522.10 For the purpose of ascertaining parameter of Turnover of the bidder, average turnover of the bidder for the previous two financial years (2010-11 & 2011-12) shall be considered. The bidder will provide a notarized copy each of audited annual accounts of previous two financial years for ascertaining their turnover. The date of the immediate previous year�s annual

accounts should not be older than eighteen (18) months from the bid closing/un-priced bid opening date.

7 VAT Registration The bidder should submit alongwith the bid a notarized copy of Tripura VAT registration Certificate or submit an undertaking to submit the same after award of work but before submission of first invoice.

8 Service Tax Registration Certificate

The bidder should submit alongwith the bid a notarized copy of Service Tax Registration Certificate or submit an undertaking to submit the same after award of work but before submission of first invoice.

9 PAN Card Thebidder should have PAN Card and notarized copy of PAN Card is required to be submitted with the bid.

10 Security Deposit 10% of the Contract value 11 Period of Contract One (1) month from the date of issue of LOA/NOA/PO or

Handing over of site whichever is later. 12 Period of sale of

Tender Documents From 10.00 hrs on 21.12.2012 to 17.00 hrs on 14.01.2013.

13 Closing date and time for submission of Bids

24.01.2013 at 1400hrs

14 Opening date and time of Techno-Commercial Bids

24.01.2013 at 1500hrs

15 Opening date and time for Price Bids

Will be intimated to the Techno-Commercially qualified bidders




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16 Bid Validity 90 Days from the date of Techno-Commercial Bid Opening

17 Tender Receiving officer/Leave Reserve Officer

Shri Roshan Singh, EE(Civil)/Shri D P Semwal, SE(Civil)

18 Bid System Two bid system

19 Eligibility of the Bidder

Bidder must unconditionally fulfill the BID EVALUATION CRITERIA of the tender failing which the bid will be rejected.

20 Address for Communication, Sale of Tender Documents and submission of Bids

Incharge-Tender Cell, Chief Engineer(Civil), ONGC, Tripura Asset, Badarghat, Agartala, Tripura, Pin-799014,Mobile No.9436500629, Fax No.0381-2374288

21 ONGC reserves the right to reject any or all tenders so received without assigning any reason thereof.

22 If the date of receiving & opening of tender happens to be a holiday, the tender will be received & opened on the next working day at thesame time and in the same manner

23 The intending bidder must have ONGC vendor code. Request for Quotation(RFQ) can not be generated if the bidder is not having vendor code.The bidders who are not having vendor code are advised to obtain the same well in advance prior to closing date of tender selling date after submission of request letter containing details like complete address of communication, E-mail,phone numbers, PAN card, service tax registration, VAT registration and CST registration etc.

24 Bidders have the option of purchasing tender documents from the tender originating center as per prevailing practice after submission of request letter for issue of tender documents OR Downloading the tender documents from the website tenders.ongc.co.in. Bidders downloading tender documents from the website should ensure to submit tender fee so as to reach the tender inviting work centre before the deadline specified for tender sale which will be acknowledged by ONGC by issuing Request for Quotation (RFQ) number specific to the tender and bidder through Fax/E-mail. The copy of this fax/e-mail must be submitted as proof of issue of the tender document. ONGC takes no responsibility for delay,loss or non-receipt of tender fee sent by post/courier. No cognizance shall be given to the tender fee received after due date and time , as specified in the NIT, the tender shall not be considered and in such case no bidder/intending bidder shall have any claim arising out of such actions.

25 The tender has to be submitted by the due date and time specified in the NIT and is to be put up in the tender box kept in Tender Cell, Civil Section, ONGC, Agartala.Bids sent by post must be sent under registered cover so as to reach the tender receiving office well before the closing date & time.

The Bid Documents annexed to this Notice Inviting Tender are as follows. Annexure- I -- Instructions to Bidders alongwith enclosed appendices Annexure-II -- Bid Evaluation Criteria Annexure-III -- Bid Evaluation Compliance Matrix Annexure-IV -- Certificate of Acceptance/Compliance/Confirmation Annexure-V -- Proforma Certificate on Relatives of Directors of ONGC




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Annexure-VI -- General Conditions of Contract Annexure-VII -- Additional Conditions of Contract Annexure-VIII -- Special Conditions of Contract Annexure-IX -- Check List Annexure-X -- Schedule of Rates alongwith Blank Percentage Rate Format PART- B - PRICE BID(Schedule of Rates alongwith Percentage Rate Format) Separate Booklet




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A N N E X U R E - I I N S T R U C T I O N S T O B I D D E R S A : I N T R O D U C T I O N

1.0 Eligibility and Experience of the Bidder

The Prospective Bidders are expected to go through the Bid Evaluation Criteria and ascertain that they fulfil the eligibility and experience criteria before payment of tender fee / creating the bid.

2.0 Refund of Tender Fee

In the event of a particular tender is cancelled, the tender fee will be refunded to the concerned bidder.

3.0 Transfer of Bidding Document

The Bidding Document is not transferable.

4.0 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and delivery of his bid and the Corporation will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

B: THE BIDDING DOCUMENT

5.0 CONTENT OF BIDDING DOCUMENTS: 5.1 PART-A - Techno-Commercial Bid 5.2 In addition to the Notice Inviting Tender, the Techno-Commercial Bid Contains

following. Annexure- I - Instructions to Bidders alongwith following appendices Appendix -1 - Proforma for letter of authority for signing of Bid Appendix -2 - Proforma for Authorization letter for attending tender opening Appendix -3 - Proforma for Bank Guarantee for EMD Appendix -4 - Proforma for Bank Guarantee towards Performance Bank Guarantee Appendix -5 - Proforma for Agreement Appendix -6 - Proforma for Submitting Bank Details for EFT payment Annexure-II -- Bid Evaluation Criteria Annexure-III -- Bid Evaluation Compliance Matrix Annexure-IV -- Certificate of Acceptance/Compliance/Confirmation Annexure-V -- Proforma Certificate on Relatives of Directors of ONGC Annexure-VI -- General Conditions of Contract Annexure-VII -- Additional Conditions of Contract Annexure-VIII -- Special Conditions of Contract Annexure-IX -- Check List Annexure-X -- Schedule of Rates alongwith Blank Percentage Rate Format PART- B - PRICE BID(Schedule of Rates alongwith Percentage Rate Format) issued

seperately.

5.3 The Bidder is expected to examine all instructions, forms,terms and specifications in the bidding documents.Failure to furnish the information required in the Bid Documents will be at the bidder�s risk. Tenders not complying with tender conditions and not conforming to tender




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specifications may result in rejection of Bid. 5.4 Any amendments / clarifications / addendum / corrigendum to the Bid Document, if issued by

ONGC shall form part of the Tender Document. Such amendments / clarification / addendum / corrigendum must be submitted along with the BID in original.

6.0 PRE-BID CONFERENCE No Pre-Bid Conference shall be held for the tender. C. PREPARATION OF BIDS

7.0 LANGUAGE AND SIGNING OF BID

7.1 The bid prepared by the Bidder, all correspondences and documents relating to the Bid exchanged by the Bidder and the ONGC shall be written in the English language. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in English, in which case, for purposes of interpretation of the bid, the translation shall prevail.

7.2 Bids shall be submitted in the prescribed bid Pro-forma. The prescribed pro-formas duly filled in and signed should be returned intact whether quoting for any item or not.

7.3 The bid Pro-forma referred to above, if not returned or if returned but not duly filled in will be liable to result in rejection of the bid.

7.4 The Bidders are advised in their own interest to ensure that all the points brought out in the BEC Matrix are complied with in their bid, failing which the offer is liable to be rejected.

7.5 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 in all respects shall be submitted together with requisite information and Annexure/Appendices. It shall be complete and free from ambiguity, change or interlineations.

7.6 The bidder should indicate at the time of quoting against this tender their full postal and telegraphic/telex /fax/E-mail addresses.

7.7 The Bidder shall sign its bid with the exact name of the firm to whom the bid document has been issued. The bid shall be duly signed and sealed by an executive officer of the Bidder's organization. Each bid shall be signed by a duly authorized officer and in the case of a Corporation the same shall be sealed with the corporation seal or otherwise appropriately executed under seal.

7.8 The bidder shall clearly indicate their legal constitution and the person signing the bid shall state his capacity and also source of his ability to bind the Bidder.

7.9 The power of attorney or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the Bidder, shall be annexed to the bid. ONGC may reject outright any bid not supported by adequate proof of the signatory's authority.

7.10 The Bidder, in each tender, will have to give a certificate in its offer, that the terms and conditions, as laid down in this bidding document are acceptable to it in toto.

7.11 Any interlineations, erasures or overwriting shall be valid only if they are initialed by the person or persons signing the bid.

7.12 The complete bid must be typed or written by the bidders in indelible ink. The Bid shall be signed in original in ink by authorized signatory of the Bidder at each page. Bids and/ or prices written in pencil will be rejected.

7.13 The Bidder shall bear all taxes arising out of this contract.

8.0 COMPLIANCE WITH THE REQUIREMENTS OF BID EVALUATION CRITERIA(BEC) AND ALL OTHER TENDER CONDITIONS

8.1 Advice to Bidders for avoiding rejection of their offers: ONGC has to finalize the tenders within a limited time schedule. Prospective Bidders are advised to ensure that their Bids are complete in all respects and conform ONGC�s terms and

conditions and bid evaluation criteria of the tender.Bids not complying with ONGC�s

requirement may be rejected.

8.2 Submission of �Bid Matrix� duly filled-in, to re-confirm compliance with tender requirements:




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Bidders should submit the �Bid Matrix�(as enclosed with the bid document) duly filled in,so as

to re-confirm compliance with each of the requirements of BEC and other important �Bid

Matrix� indicating �Confirmed� or �Not Confirmed� or �Not Applicable�, as the case may

be.Further against each such confirmation, bidders should also indicate the reference/location(page no./Annexure etc.) of the respective detail(s)/document(s) enclosed in the bid, so as to easily locate the same in bid document.

Bidders are advised to ensure submission of the �Bid Matrix�. Duly filled in as per above

requirements, for avoiding rejection of their offers. 9.0 DOCUMENTS COMPRISING THE BID

9.1 The bid prepared by the bidder shall comprise the following components, duly completed. 9.1.1 PART-A Techno-commercial Bid: - Under this the bidders shall submit their Techno

commercial bid. Techno-commercial bid to be submitted in a Sealed COVER and

distinctly marked on cover as �PART-A (Techno-commercial bid)�

And super scribed with the Name of Work, Tender No. , Name of Bidder, Date of Opening, Address of Bid Submission Office

The Bidder shall submit Original complete set of Tender Document and any amendments issued before date of submission of tender.

The bid must consist of the following. a) Original Bid Document (along with enclosures) duly signed in ink and stamped on each

page of Bid Document, by the Authorized Person(s). Bidders should arrange copies of various formats / check lists / BEC Matrix / Appendices / proposal forms etc. and submit after filling in the requisite information.

b) Earnest Money Deposit / Bid Bond of requisite value as prescribed in Bid Document. It is to be placed in a separately sealed envelope marking EMD, tender number and name of work.

c) Notarized copies of Work orders & Completion Certificates issued by owner of the project / work in support of experience of completion of similar works (Refer Clause 2.1.2 of BEC).

d) Document in support of constitution of firm (Partnership Deed /Power of attorney/Company Registration Certificate/Enlistment certificate of Contractors with Government etc). Refer Clause 2.1.3 of BEC.

e) Notarized copy of Service Tax Registration Certificate or the bidder should submit an undertaking to submit the same after award of work but before submission of first invoice.

f) Notarized copy of Tripura VAT registration Certificate & CST registration certificate or the bidder should submit an undertaking to submit the same after award of work but before submission of first invoice.

g) Notarized copy of PAN card. h) Notarized copies of audited annual accounts of bidders for the previous two

financial years i) Duly signed proformas placed at Annexure - IV & Annexure- V . j) Compliance of BEC Matrix (Annexure-III). k) List showing all enclosures to the bid with their index & page nos. l) Power of attorney / authorization with the seal of the Company / Organization in

favour of the person signing the BID. m) Any other document bidder desires to attach in support of compliance of terms

& conditions of Bid. The TECHNO-COMMERCIAL BID shall be opened in presence of the intending




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Bidders who choose to attend the opening of the tender on the date of opening mentioned in the tender document

9.1.2 PART-B Price Bid: - 9.1.2.1 Price bid to be submitted in a Sealed COVER and distinctly marked on cover as

�PART-B (Price bid)�and super scribed with the Name of Work, Tender No. , Name of Bidder, Address of Bid Submission Office.

PART-B (PRICE BID) must contain only the price bid, duly filled in firm figures and words, and without any conditions, exceptions or qualifications.

Bidder is required to quote either% above, % below or at par in the space provided in the price bid format, only upto two decimal places.Any figure beyond two decimal figures will be ignored. Percentage should be written both in figures and in words.In case of difference between the two, percentage in words will be taken into consideration.

The bidders whose techno- commercial bids are found technically and commercially acceptable as per Bid evaluation criteria shall be qualified for participating in the opening of price bid. Time and date of opening of price bid shall be made known to the techno- commercially qualified bidders.

9.1.3 Envelopes of PART-A Techno-commercial Bid, PART-B Price Bid and EMD shall be put together in a common large sealed envelope super scribed with the Name of Work, Tender No. , Name of the Bidder, Address of Bid Submission Office.

9.1.4 Offers which fail to comply with the above instructions may be rejected. 9.1.5 Any change in Bid after opening of the tender will not be considered. 9.1.6 ONGC will not be responsible for the loss of tender form or for the delay in postal transit.

9.1.7 Telex/Telegraphic/Tele-fax/Xerox/Photocopy bids will not be considered.

10.0 Mode of Payment In all cases, ONGC shall make payments only through Electronic Payment Mechanism

(viz.NEFT/RTGS/ECS).Bidders should invariably provide the details annexed at appendix-6 of Annexure-I.

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

11.0 Bid Currencies Bidders should quote firm prices in Indian Rupees only. Prices quoted in any other currency

shall not be considered. 12.0 Vague and Indefinite Expressions Bids qualified by vague and indefinite expressions such as �Subject to availability� etc.will not

be considered.

13.0 PERIOD OF VALIDITY OF BIDS:

13.1 Bid submitted by Bidder shall remain valid for acceptance for the period of 90 days from the date of opening of Techno � commercial bid. Bidder shall not be entitled during the said validity period of Bid, without the consent (in writing) of ONGC, to revoke or cancel Bid or to vary the same or any term thereof. In case of Bidder revoking or canceling his Bid or varying any term in regard thereof, the Bidder's E.M.D. shall be forfeited by ONGC and his bid shall not be considered.

13.2 In exceptional circumstances, prior to expiry of the original bid validity period, the ONGC may request the bidder for a specified extension in the period of validity. The requests and the responses shall be made in writing. The Bidder will undertake not to vary/modify the bid during the validity period or any extension agreed thereof. Bidder agreeing to the request for




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extension of validity of offer shall be required to extend the validity of Bid Security correspondingly.

14.0 EARNEST MONEY DEPOSIT/BID SECURITY 14.1 The Earnest Money deposit / Bid Security is required to protect the ONGC against the risk

of Bidder's conduct which would warrant the security's forfeiture in pursuance to clause 14.7.

14.2 Central Government Departments and Central Public Sector Undertakings are exempted from payment of EMD/Bid Security.

14.3 The Bidders not covered under Para 14.2 above must enclose EMD/Bid Security with their techno-commercial offer. The amount of EMD has been indicated in the Notice Inviting Tender.

14.4 The Earnest Money of appropriate value as indicated in Notice inviting Tender shall be paid in any of the following forms.

i) In the form of Demand Draft / Pay Order of any Nationalized / Scheduled Bank in favour of Finance and Accounts Officer, ONGC, Agartala, valid for 150 days from the last date of submission of the bid. OR

ii) In the form of Irrevocable & Unqualified Bank Guarantee of any Nationalized/Scheduled Bank in favour of ONGC as per the proforma given at Appendix-5 of Annexure-I.The Bid Security shall be kept valid initially for a period of 30 days beyond the date of required validity of the offer. The Bank Guarantee will have to be given on non-judicial stamp paper as per stamp duty applicable at the place from where the bid has emanated.The non-judicial stamp paper should be in the name of the issuing bank.

14.5 ONGC shall not be liable to pay any bank charges, commission or interest on the amount of Earnest Money deposit.

14.6 Subject to provisions in para 14.2 above, offers without EMD/Bid Security will be ignored/rejected.

14.7 The Earnest Money deposit /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 the validity period

or any extension of the validity duly agreed by the Bidder or after issue of LOA/ award by Fax by ONGC and prior to signing of the Contract.

c) If a Bidder, fails to execute the agreement within a period of Thirty days of notification of award of contract, or within such extended time as may be permitted by ONGC in this regard.

d) In case of cancellation of purchase order(s), LA, LA cum WO,NOA , LOI on account of non-execution of the order and /or annulment of the award due to non�submission of Performance Security or, failure to honour the commitments under �Warranty & Guarantee�

requirements following actions shall be taken against the contractor:- (i) ONGC shall conduct an inquiry against the contractor and consequent to the conclusion of the inquiry, if it is found that the fault is on the part of the contractor, then they shall be put on holiday [i. e neither any tender enquiry will be issued to such a contractor by ONGC against any type of tender nor their offer will be considered by ONGC against any ongoing tender(s) where contract between ONGC and that particular contractor (as a bidder) has not been conducted] for a period of two years from the date of the order for putting the contractor on holiday is issued. However, the action taken by ONGC for putting that contractor on holiday shall not have any effect on other ongoing PO(s), if any with that contractor which shall continue till expiry of their term(s). (ii) Pending completion of the enquiry process for putting the contractor on holiday, ONGC shall neither issue any tender enquiry to the defaulting contractor nor shall consider their offer in any ongoing tender.

e) If the bidder has been disqualified from the tender process prior to award of contract according to the provisions under section three of Integrity Pact,ONGC shall be entitled to




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demand and recover from bidder Liquidated Damages amount by forfeiting the EMD/Bid Security(Bid Bond) as per section four of Integrity Pact.

14.8 The Earnest money deposit of unsuccessful Bidders will be returned on finalization of the bid. The earnest money deposited by successful Bidder shall be returned on receipt of Performance Bond (Performance Security) or shall be retained and treated as part of the Security Deposit for the due fulfillment of the contract.

14.9 Offers with FAX Bid Bonds Normally offers received with FAX Bid Bond shall not be considered. However, ONGC

reserves the right to consider the offer provided it is followed by confirmatory original Bid Bond executed in prescribed Proforma and legally operative on or before the date fixed for opening of bids (techno-commercial bid opening date) and received by tender inviting authority within 15 days of opening date of bids (techno-commercial bid).

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/ranking in tender, the bid will be rejected and ONGC may Consider to debar the bidder from participating against future tenders.

15.0 COMPLIANCE WITH COMPLETE SCOPE OF WORK

Bidder should quote for complete Scope of Work as detailed out in various documents forming part of Bid Document failing which the Bid will be rejected.

Bidder shall state whether or not, the bidder will handle all work with his own personnel and equipments and if not, the nature or extent of the work to be subcontracted shall be explained with credential of proposed sub contractors.

16.0 COMPLIANCE TO TIME SCHEDULE OF COMPLETION: Bidder should note that the entire Scope of Work is to be completed as per the Time schedule

of completion as mentioned in the Bid Document failing which the Bid will be rejected.

17.0 BID SUBMISSION OFFICE: The Bids should be addressed and submitted to ONGC at the following address:

CE (CIVIL),INCHARGE TENDER CELL, CIVIL SECTION ONGC, TRIPURA ASSET,BADARGHAT, AGARTALA � 799014 TRIPURA

D. SUBMISSION AND OPENING OF BIDS 18.0 Mode of Bid Submission: The Bidder has the option of sending the Bid by registered post, courier service or

by submitting the Bid in person so as to reach the designated bid submission office on or before the last date & time fixed for submission of Bids. ONGC is not responsible for any loss or delay in postal transit in Bid submission.

19.0 DEADLINE FOR SUBMISSION OF BIDS: 19.1 Bids must be received by the ONGC at the address specified in the Notice Inviting Tenders

not later than 1400 hours on the notified date in the Notice Inviting Tenders. Offers sent by hand delivery should be put in the Tender Box at the specified office not later than 1400 Hrs. (IST) on the specified date. All out-station tenders, if sent by post, should be sent under registered cover. ONGC shall not be responsible for any loss or delay in postal transit of bid submission.

19.2 In case of the unscheduled holiday being declared on the prescribed closing/opening day of the tender, the next working day will be treated as the scheduled prescribed day of closing/opening of the tender

. 20.0 LATE BIDS:




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20.1 Bidders are advised in their own interest to ensure that their bid reaches the specified office well before the closing date and time of the bid.

20.2 Any bid received after dead line for submission of bid as indicated in the Notice Inviting Tenders, shall be liable for rejection.

21.0 MODIFICATION AND WITHDRAWAL OF BIDS 21.1 No bid may be modified after the dead line for submission of bids.

22.0 OPENING OF BIDS 22.1 Techno-commercial Bids shall be opened at the time and date mentioned in Notice Inviting

Tenders, at ONGC�s designated office. 22.2 The bidders whose techno- commercial bids are found technically and commercially

acceptable as per Bid evaluation criteria shall be qualified for participating in the opening of price bid.Time and date of opening of price bid shall be made known to the techno- commercially qualified bidders.

22.3 At the time of tender opening the ONGC will permit one authorized representative of each Bidder to be present provided such representative presents to the ONGC at that time a letter duly signed by the Bidder authorizing him to be present on behalf of the bidder at the time of tender opening. Intending Bidders are advised not to authorize or depute more than one representative.

22.4 In case of unscheduled holiday on the closing/opening day of bid , the next working day will be treated as scheduled prescribed day of closing/opening of bid, the time notified remaining the same.

22.5 The bidders whose techno- commercial bids are found technically and commercially acceptable as per Bid evaluation criteria shall be qualified for participating in the opening of price bid.Time and date of opening of price bid shall be made known to the techno- commercially qualified bidders.

E. EVALUATION OF BIDS

23.0 EVALUATION AND COMPARISON OF BIDS

23.1 Apart from commercial and technical requirements set forth in the Bidding

Documents, the evaluation and comparison of bids shall be carried out as per the Bid evaluation Criteria indicated in the bidding Documents.

23.2 ONGC wishes to finalize the award of work covered under this Bidding Document within a limited time schedule. ONGC expects Bidders to confirm compliance to tender term and conditions, which shall stand frozen after Pre-Bid Conference, failing which the Bids are liable to be rejected. Hence the Bidders in their own interest are advised to submit their bids complete in all respects conforming to all terms and conditions of the bid document.

23.3 Bids shall be evaluated based on the information/documents available in the bid. Hence Bidders are advised to ensure that they submit appropriate and relevant supporting documentation along with their proposal in the first instance itself. Bids not complying with the requirements of bid documents are liable to be rejected.

23.4 Bidders shall quote their prices/rates in firm figures and without any qualifications. Each figure stated shall also be repeated in words and in the event of a discrepancy between the rates stated in figures and words, the rates quoted in words shall be deemed to be the correct. Tenders containing qualifying expressions such as �subject

to minimum acceptance� or �subject to prior sale� etc. will not be considered.




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24.0 UNSOLICITED POST TENDER MODIFICATIONS 24.1 Unsolicited post-tender modification will lead to straight away rejection of the offer. 25.0 EXAMINATION OF BID 25.1 The ONGC will examine the bids to determine whether they are complete, whether

any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

25.2 The ONGC will determine the conformity of each bid to the bidding documents. Bids falling under the purview of rejection as per the Evaluation methodology of the bidding document will be rejected.

26.0 POLICY FOR BIDS UNDER CONSIDERATION:

26.1 Only those bids which are complete in all respects and are in accordance with the scope of work, time schedule of completion, terms and conditions of the Bid documents shall be considered for evaluation. Such bids shall be deemed to be under consideration immediately after opening of Techno-Commercial bids and until such time an official intimation of acceptance or rejection of Bid is made by ONGC to the Bidder.

26.2 No Bidder shall contact the ONGC on any matter relating to its bid, from the time of the opening to the time the contract is awarded. The Bidders are advised to refrain from contacting by any means ONGC or their employees / representatives on their own, on matters related to Bids under consideration. Bidders will not be permitted to change the substance of the Bids after opening of the Bids.

26.3 The Bidders may please note that the ONGC will not entertain any correspondence or queries on the status of the offers received against this Bidding Documents. Bidders are advised not to depute any of their personnel or Agents to visit the ONGC�s office for making such inquiries.

26.4 Any effort by a Bidder to influence the ONGC on the ONGC's Bid evaluation, Bid comparison or Contract award decision may result in the rejection of the Bidder's bid.

27.0 ONGC�S RIGHT TO ACCEPT OR REJECT BIDS: 27.1 ONGC reserves to itself the authority to reject, accept or prefer any Bid and to

annul the bidding process, without assigning any reason whatsoever, thereby without incurring any liability to the affected Bidder, or Bidders or any obligation to inform the affected Bidders of the grounds for the ONGC�s action. The ONGC also

reserves to itself the right to accept any bid in full or in part(s) or split the order among two or more bidders.

27.2 Bids in which any of the particulars and prescribed information(s) is missing or is incomplete in any respect and / or the prescribed conditions are not fulfilled or information(s) / documents as required by Evaluation Methodology or elsewhere in Tender Document are not submitted then the Bid shall be considered non-responsive and are liable to be rejected.

F. AWARD OF CONTRACT

28.0 AWARD OF CONTRACT:




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28.1 The acceptance of Bid will be intimated to the successful Bidder by ONGC by Letter of Acceptance of work in writing by post / fax / e-mail/ courier.

28.2 ONGC will be sole judge in the matter of award of Contract and decision of ONGC shall be final and binding. No representation on this account will be entertained.

28.3 The above letter/ fax of acceptance shall construe that the Contract shall be deemed to have been concluded. The Letter of Acceptance shall constitute a binding contract between the successful bidder and ONGC.

28.4 Upon the successful bidder�s furnishing performance security / signing of formal

contract with ONGC, the ONGC will promptly notify each unsuccessful Bidder and discharge their EMD / bid securities.

28.5 In case LOI/NOA/PO placed is not acceptable by the bidder, to whom the work has been awarded, or performance bond is not submitted as per the terms of the contract within the time specified in the bid document, the bid bond shall then be forfeited and firm shall be put on two years holiday on the merit of the case.

29.0 SIGNING OF CONTRACT:

The successful bidder is required to sign a formal detailed contract with ONGC as per Pro-forma attached (Appendix -5 of Annexure-I) to the Bid Document within a maximum period of 30 (Thirty) calendar days of date of Fax order / LOA / NOA/PO. Until the contract is signed, the Fax order/ LOA /NOA/PO shall remain binding amongst the two parties. In the event of failure on the part of successful Bidder to sign the Contract within the stipulated period, the E.M.D. furnished by him shall be liable to be forfeited and the acceptance of Bid may be cancelled.

30.0 SECURITY DEPOSIT / PERFORMANCE SECURITY BOND 30.1 Security deposit will be 10% of value of the contract. The security deposit will be released

after completion of the project in accordance with the relevant Clauses of the contract. Earnest money deposited by the successful bidder shall be released after depositing the performance security.

30.2 Within 15 (fifteen) days of signing of contract, the successful Bidder shall furnish security deposit in the form of Performance Bank Guarantee in the prescribed format (Appendix-6 of Annexure-I) for an amount equal to 5% of contract value and permit corporation at the time of making any payment to him for work done under the contract to deduct amount @ 10% of each bill amount till the realization of balance security deposit amount equal to 5% of contract value in accordance with the conditions of the contract

30.3 Failure of the successful Bidder to comply with the requirement of clause 30.2 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Earnest Money Deposit / Bid security as per clause 14.7(d).

31.0 CONTRACT PERIOD:

The Contract period shall be reckoned from date of issue of LOA/NOA/PO or handing over of site to the Successful Bidder, whichever is later. The contract shall be spread over a period as indicated in the �Time schedule of completion� as mentioned in the

Bid documents. ONGC reserves the right to extend the validity of contract at its sole discretion at same rate, terms and conditions.

G. GENERAL




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32.0 STANDARD CLAUSE IN RESPECT OF LABOUR LAWS: 32.1 The successful tenderer shall obtain license under Contract Labour (R&A) Act 1970

read with rules framed there under and furnish the same to ONGC within 15 days of the issue of letter for award of contract, failing which the letter of award of contract shall be cancelled / terminated without any further notice and his EMD / EMD AND / OR performance guarantee / Security Deposit shall be forfeited.

32.2 The Bidder shall quote their Percentage rate after taking into account the statutory or otherwise increase in minimum wages of his labour / contract labourers to be employed in his contract and resultant increase in payments of PF, ESI, Bonus, Leave with wages etc., thereof, if applicable to the establishment of bidder / contractor, his labourer and to this contract, from time to time. The bidder shall note that ONGC shall not pay any statutory or otherwise increase in the minimum wages and resultant increase in the payment of PF, ESI, Bonus & Leave with wages etc. to him or to this contract labourers on any ground whatsoever.

33.0 THIRD PARTY INSPECTION A Third Party Inspection (TPI) Agency and Certification Agency may be engaged by the Company, for inspection & certification during procurement, fabrication, installation, construction, pre-commissioning & commissioning of the project and issuance of Certificate of approval of the entire facilities.

34.0 BIDDERS TO NOTE: 34.1 All intending Bidders are informed that the Bid document fees will not be refundable

whether or not the intending Bidder makes use of the Bid Document to submit this BID and also whether or not the BID, if submitted, is acceptable to the ONGC.

34.2 Canvassing of any type in connection with Bids is strictly prohibited and Bid submitted by Bidder who resorts to canvassing will be liable for rejection.

34.3 Bids containing uncalled for remarks or any additional conditions are liable to be rejected.

34.4 The Bidder has to follow applicable provisions of Section 297/299 of Companies Act, 1956.

34.5 Firms / Corporation who have or had business relations with ONGC are advised not to employ any services from ONGC�s employees without its prior permission. It is

also advised not to employ ex-personnel of ONGC within the initial two years period after their retirement/ resignation/severance from the service without specific permission of ONGC. ONGC may decide not to deal with such firm who fails to comply with above advice.

34.6 The opinion / decision of ONGC regarding the above shall be final and conclusive.

34.7 All drawings and TECHNICAL SPECIFICATIONS for various items given in TENDER DOCUMENTS shall be checked and examined by the bidder before submission of his Bid.

34.8 ONGC may ask to carry out certain portion of work on priority basis, which the CONTRACTOR shall carry out without any reservation or compensation.ONGC at his discretion may extend or reduce scope of work as per site requirement without any reservation or compensation.

34.9 Copies of all documents submitted by the bidders in support of Experience (Work Order and Completion Certificates), Turn over, Registration for carrying out Civil




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Works of appropriate Class, Registration of Firm, Partnership Deed, Power of Attorney, Sales Tax Registration Certificate, and Service Tax registration Code allotment letter etc, along with bid should be notarized / attested by Notary Public.

34.10 The actual quantum of work may vary based on the actual site conditions. 34.12 The Bidder shall submit duly filled up BEC Compliance Matrix specified in the Tender

Document along with the Bid. 34.13 No escalation shall be paid on increase in rates of the material /manpower. 35.0 CORRESPONDENCE. 35.1 All correspondence from Bidders/ Bidder shall be made to the following Office from

where this tender has emanated: CE (Civil), Incharge Tender Cell, Civil Section ONGC, TRIPURA ASSET,AGARTALA � 799014 TRIPURA

36.2 All correspondence shall bear reference to tender number.

37.0 REPRESENTATION FROM THE BIDDER:

The bidder(s) can submit representation(s) if any, in connection with the processing of the tender directly only to the Competent Tender Accepting Authority (CTAA) i.e. to:

Shri D P Semwal

SE(Civil) � Tender Cell

ONGC, TRIPURA ASSET

AGARTALA-799014

TRIPURA.




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APPENDICES




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APPENDIX-1 PROFORMA FOR LETTER OF AUTHORITY FOR SIGNING OF BID Dated: To, Oil and Natural Gas Corporation Limited CIVIL SECTION, ENGINEERING SERVICES ONGC, TRIPURA ASSET AGARTALA-799014 Attn: Chief Engineer (Civil), In-charge Tender Cell Dear Sir, Sub: ONGC TENDER NO: I/We do hereby confirm that Mr. (Name (s), position held and address) is/are authorized to represent us to tender, negotiate and conclude the agreement on our behalf with you against your Tender No. . We confirm that we shall be bound by all the whatsoever our said agents shall commit. Yours faithfully, Signature: Name and Designation

For and on behalf of

NOTE: This letter of authority should be on printed letterhead of the Bidder, and should be signed by a person competent and having the power of attorney (power of attorney shall be annexed) to bind such Bidder. If signed by a Consortium, it should be signed for each member of the Consortium by persons competent and having the power of attorney (Power of attorney shall be annexed) to bind such member of the Consortium.




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APPENDIX-2

PROFORMA FOR AUTHORISATION LETTER FOR ATTENDING TENDER OPENING No. Dated: To, Oil and Natural Gas Corporation Limited CIVIL SECTION, ENGINEERING SERVICES ONGC, TRIPURA ASSET AGARTALA-799014 Attn: Chief Engineer (Civil), In-charge Tender Cell Dear Sir, Subject : ONGC Tender No. Mr.. has been authorized to be present at the time of opening of above tender for �Name of work as mentioned in NIT� due on at Department of Civil Engineering, ONGC Tripura Asset, on my/our behalf. Yours faithfully Signature: Name and Designation

For and on behalf of Copy to: Mr.. for information and for production before

the Chief Engineer (Civil), In-charge Tender Cell, ONGC TRIPURA ASSET,AGARTALA-799014 at the time of opening of bids.

NOTE: This letter of authority should be on printed letterhead of the Bidder, and should be signed by a person competent and having the power of attorney (power of attorney shall be annexed) to bind such Bidder. If signed by a Consortium, it should be signed for each member of the Consortium by persons competent and having the power of attorney (Power of attorney shall be annexed) to bind such member of the Consortium.




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APPENDIX-3

Proforma of Bank Guarantee towards EMD/Bid Security/BID BOND Ref. No.................... Bank Guarantee No��..........

Dated ..��.................. To, Oil and Natural Gas Corporation Limited TRIPURA ASSET, AGARTALA-799014 INDIA. Dear Sirs, 1. Whereas Oil & Natural Gas Corporation Ltd. incorporated under the Companies Act, 1956, having its registered office at Jeevan Bharti, Tower-II, 124 Connaught Circus, New Delhi - 110001 - India and one of its offices at AGARTALA (hereinafter called `ONGC' which expression shall unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assignees) has floated a Tender No. ________________ and M/s ____________________________ having Head/Registered office at _______________________________ (hereinafter called the 'Bidder' which expression shall unless repugnant to the context or meaning thereof mean and include all its successors, administrators, executors and permitted assignees)have submitted a bid Reference No........................ and Bidder having agreed to furnish as a condition precedent for participation in the said tender an unconditional and irrevocable Bank Guarantee of Indian Rupees (in figures)___________________ (Indian Rupees (in words)_________________ only) for the due performance of Bidder's obligations as contained in the terms of the Notice Inviting Tender (NIT) and other terms and conditions contained in the Bidding documents supplied by ONGC which amount is liable to be forfeited on the happening of any contingencies mentioned in said documents. 2. We (name of the bank)_________________ registered under the laws of_____________ having head/registered office at _________ (hereinafter referred to as "the Bank" which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and permitted assignees) guarantee and undertake to pay immediately on first demand by ONGC, the amount of Indian Rs. (in figures) __________________ (Indian Rupees (in words) _______________ only) in aggregate at any time without any demur and recourse, and without ONGC having to substantiate the demand. Any such demand made by ONGC shall be conclusive and binding on 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 agrees 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 up to ________________ which includes thirty days after the period of bid validity and any




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demand in respect thereof should reach the Bank not later than the aforesaid date. 6. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to Indian Rs.(in figures) _________________ (Indian Rupees (in words) ________________ only) and our guarantee shall 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 this Bank 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 has been received by us by the said date, all the rights of ONGC under this Guarantee shall be valid and shall not cease until we have satisfied that claim. In witness whereof, the Bank, through its authorized officer, has set its hand and stamp on this ........ day of ........... at ..................... WITNESS NO. 1 --------------------- -------------------------- (Signature) (Signature) Full name and official Full name, designation and address (in legible letters) official address (in legible letters) with Bank stamp. Attorney as per Power of Attorney No........�.��.. Dated ��. WITNESS NO. 2 ______________________ (Signature) Full name and official address (in legible letters) Note: (i) This Bank Guarantee/all further communications relating to the Bank Guarantee

should be forwarded to Chief Engineer (Civil), In-charge Tender Cell, ONGC, TRIPURA ASSET, AGARTALA-799014 only

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

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 has emanated. The non-judicial stamp paper/franking receipt should be in name of the issuing Bank.or the bidder.

2.The expiry date should be arrived at by adding 60 days to the date of expiry of the bid validity unless otherwise specified in the bidding documents.

3.The Bank Guarantee by bidders will be given from Nationalized/Scheduled Banks only.




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APPENDIX-4

PRO FORMA FOR BANK GUARANTEE FOR PERFORMANCE/SECURITY FOR PERFORMANCE Ref No.______________ Bank Guarantee No.______________ Dated : ________________________ To, Oil & Natural Gas Corporation Limited Tripura Asset, Agartala-799014 India Dear Sirs, 1. In consideration of Oil & Natural Gas Corporation Limited, incorporated under the Companies Act, 1956, having its Registered Office at Jeevan Bharti, Tower-II, 124 Connaught Circus, New Delhi-110001, India and one of its offices at Agartala, Tripura State, India, (hereinafter referred to as `ONGC', which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and assignees) having entered into a Contract No. __________________ dated _______________ (hereinafter called 'the CONTRACT' which expression shall include all the amendments thereto) with M/s __________________________ having its registered/head office 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) and ONGC having agreed that the Contractor shall furnish to ONGC a performance guarantee for Indian Rupees .............. for the faithful performance of the entire Contract. 2. We (name of the bank) ______________________________ registered under the laws of _______ having head/registered office at __________________________ (hereinafter referred to as "the Bank", which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and permitted assignees) do hereby guarantee and undertake to pay immediately on first demand in writing any /all moneys to the extent of Indian Rs (in figures) __________ (Indian Rupees (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 by serving a written notice shall be conclusive and binding, without any proof, on the bank as regards the amount due and payable, notwithstanding any dispute(s) pending before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or thing whatsoever, as liability under these presents being absolute and unequivocal. We agree that the guarantee herein contained shall be irrevocable and shall continue to be enforceable until it is discharged by ONGC in writing. This guarantee shall not be determined, discharged or affected by the liquidation, winding up, dissolution or insolvency of 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 this Guarantee against the Bank as a principal debtor, in the first instance, without proceeding against the Contractor and notwithstanding any security or other guarantee that 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 vary any 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 any time or from time to time exercise of any of the powers vested in ONGC against the said Contractor(s) and to forbear or enforce any of the terms and conditions 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 said Contractor(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 thing whatsoever 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 all dues of ONGC under or by virtue of this Contract have been fully paid and its claim satisfied or discharged or till ONGC discharges this guarantee in writing, whichever is earlier.




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6. This Guarantee shall not be discharged by any change in our constitution, in the constitution 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 Indian Courts of the place from where the Contract has been placed. 9.Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Indian Rs.(in figures) ______________ (Indian Rupees (in words) ____________________) and our guarantee shall 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 this Bank 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 has been received by us within the said date, all the rights of ONGC under this Guarantee 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 hand and stamp on this ........ day of ........20__ at ..................... WITNESS NO. 1 -------------------------- ------------------------- (Signature) (Signature) Full name and official Full name, designation and address (in legible letters) address (in legible letters) with Bank stamp Attorney as per power of Attorney No. WITNESS NO. 2 Dated ................ ��. (Signature) Full name and official address (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 the purchase CONTRACT has been placed. The non-judicial stamp paper/franking receipt should be in name of the issuing bank or the bidder. 2. The expiry date should be arrived at by adding 12 months plus 60 days to the CONTRACT completion date unless otherwise specified in the bidding documents. 3. The Bank Guarantee by bidders will be given from Nationalized/Scheduled Banks only.




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APPENDIX-5

AGREEMENT No. THIS AGREEMENT is entered into this ------day of ---------- Two Thousand and----------------------------- Between Oil And Natural Gas Corporation Limited (ONGC), a Company registered under the Companies Act, having its registered office at Jeevan Bharti Building, Tower � II, 124 Indira Chowk, New Delhi � 110 001 and one of its� offices at ONGC, Tripura Asset, Badarghat, Agartala-799014 (hereinafter referred to as �Company� which expression shall unless excluded or repugnant to the

context or meaning thereof mean and include its successors and assigns) of the ONE PART and M/s------------------------------------------------- established and existing under the laws of ______________________ ,having its Registered office at ___________________________________ (hereinafter referred to as �the contractor�) which

expression shall unless repugnant to the context or meaning thereof includes its successors & permitted assignees) of the second part. WHEREAS the Company is desirous of getting executed the Work-------------------------------------------------------- (herein after referred to as �the work�) had invited tenders for the same.

And whereas the contractor�s tender has been accepted vide letter No. _________________ Dt.

______________ on behalf of the Corporation for the execution of said work at the rates quoted by him/them and agreed there upon by the Corporation. And whereas the Contractor has deposited a sum of Rs. _________________ in the shape of Bank Draft No. ______________ Dated _________________ drawn on ________________________ in name F & AO ONGC Agartala, Tripura as Earnest money for due and faithful performance of the contract and further agreed to execute the said work according to the general conditions of contract, special conditions of contract, additional conditions of contract, list of Drawings and plans, specifications, schedule giving description of materials to be supplied items of works, bill of quantities and agreed/accepted rates (hereinafter referred to as �The documents�) and annexed hereto. THAT in pursuance of the agreement (hereinafter also referred to as �the Contract�) and in

consideration of the payment to be made by the corporation to the contractor, the contractor shall duly perform the said work and shall execute same with great promptness, care and accuracy in a workman like manner and with best materials to the satisfaction of the Corporation in accordance and in all respect with the said documents within _________________________ from the ________________after the date of written order to commence the work. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: a) In this agreement words and expression have the same meaning as are respectively

assigned to them in General Condition of Contract. a) The following documents annexed herewith shall be taken as mutually explanatory of one

another and shall be deemed to form and be read and construed as integral parts of this Contract and in case of any discrepancy, conflict, dispute they shall be referred to in the order of priority as cited below: 1. Agreement 2. Minutes of pre-bid, if any. 3. Special Conditions of Contract 4. General Conditions of Contract 5. Additional General Conditions of Contract

b) The Contract constitutes the entire Agreement between the Company and the Contractor, with respect to the subject matter of the Contract and supersedes all communication, negotiations and agreement (whether written or oral) of the parties with respect thereto made prior to the date of Agreement.




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c) The Contractor hereby covenants with Company to perform the Services in conformity in all respect with provisions of the Contract and in consideration of the carrying out by the Contractor, the Company hereby covenants to pay the amounts at the times and in the manner described hereinafter

d) IN WITNESS WHEREOF the parties here to have here unto set their respective hands at Agartala on the day and year first above written, in duplicate with each PARTY receiving one original signed document. For and on behalf of For and on behalf of

Oil And Natural Gas Corporation Contractor

Limited

------------------------------------. ---------------------------------. WITNESSES: WITNESSES: (1) (1) -------------------------- -----------------------------. (2) (2) -------------------------- ---------------------------------




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APPENDIX-6

OIL AND NATURAL GAS CORPORATION LTD Finance And Accounts, Tripura Asset, Agartala-799014 Performa for Submitting the Bank Details of EFT payment

S.No Details To be filled by the vendor 1 Name of the vendor

2 Vendor Code (6 Digits)

3 PAN Number 4 VAT Registration No. 5 Account Number

(Minimum 11 Digits)

6 Name of the Bank 7 Name of the Branch 8 MICR CODE

9 IFSC

10 Type of account (Savings / Current) 11 E Mail ID 12 For ONGC use only

(Finance section) Entered Sent Updated

Bankers Certificate I hereby certify that the aforesaid given BANK DETAILS are Correct and the Branch is a Core Banking Branch/ NEFT Enabled Branch. Branch Manager Signature With Seal Signature of the ApplicantForwarded to Finance Signature of User Section/ Indenter/MM Department (Name, Designation & Seal)




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A N N E X U R E - I I Bid Evaluation Criteria

1,0 VITAL CRITERIA FOR ACCEPTANCE OF BIDS: 1.1 Bidders are advised not to take any exceptions/deviations to the bid document.If

exceptions / deviations are maintained in the bid, such conditional / non-conforming bids shall not be considered and may be rejected.

2.0 REJECTION CRITERIA 2.1 TECHNICAL REJECTION CRITERIA:

The following vital technical conditions should be strictly complied with, failing which the bid will be rejected:

2.1.1 BROAD SCOPE OF WORK: Bid should be complete and covering the entire scope of work of tender and should conform to the technical specifications indicated in the bid documents.Incomplete and non-conforming bids will be rejected outright.

2.1.2 Eligibility &Experience Criteria: - Experience of having successfully completed similar works during last 7 years ending

last day of month previous to the one in which tenders are invited should be either of the following(to be reckoned from the last date of preceding month to the one in which bids are invited).

The bidder should have completed at least three similar works each costing not less than the amount equal to 40% of estimated cost

OR The bidder should have completed at least two similar works each costing not less than the amount equal to 50% of estimated cost

OR The bidder should have completed at least one similar work costing not less than the amount equal to 80% of estimated cost

Definition of �Similar Work� �Drilling and Development of Deep Tube Well�. The Bidder should submit the notarized copies of Completion Certificate(s) issued by Clients for whom the work was executed . The Completion certificate should indicate name of work, value of work executed and date of completion.

Only completed works shall be considered for evaluation. 2.1.3. The bidder must indicate its status like Propritership/Partnership/Limited Company etc.,

The tender should be signed only by the authorized person of the Firm.Such authority must be accompanied by the constitution of the firm or with a copy of Power of attorney from appropriate competent authority of firm on Non-Judicial stamp paper of appropriate value duly executed before Notary Public or first class magistrate (Attested copies of constitution of the bidder and copy of power of attorney to be submitted). In case of proprietary firm, bidder must submit the document establishing his proprietorship indicating the name of the individual as proprietor as a proof of proprietorship of the firm, like shops & establishment Certificate / registration certificate issued by Government.

2.2 COMMERCIAL REJECTION CRITERIA

The following vital commercial conditions should be strictly complied with failing which




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the bid will be rejected. 2.2.1 Proof of the sale/issue of bid document

The forwarding letter or RFQ, in original, as a proof of issue of the tender document (purchased against payment of requisite tender fee), duly signed by tender issuing officer, must be sent by the bidder along with offer.

2.2.2 The offers of the bidders indicating/disclosing prices in techno-commercial (un-priced bid) or at any stage before opening of price-bid shall be straightaway rejected.

2.2.3 Acceptance of terms & conditions: The bidder must confirm unconditional acceptance of all the terms & conditions of bid documents as per the format given in tender document.

2.2.4 Offers of following kinds will be rejected: (a) Offers made without Earnest Money Deposit / Bid Security / Bid Bond / Bank

Guarantee for an amount of Rs. 23,600.00 along with the Techno-Commercial offer.

(b) Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening of bid.

(c) Offers where prices are not firm during the entire duration of the contract and/or with any qualifications.

(d) Offers which do not confirm to the completion period of contract indicated in the bid.

(e) Offers not accompanied with a notarized copy of valid registration under service tax rules or an undertaking for submission of service tax registration certificate alongwith the first invoice under the contract.

(f) Offers not accompanied by notarized copy of Tripura VAT registration Certificate or an undertaking by the bidder to submit the same after award of work before submission of first invoice.

(g)) 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 any capacity, are currently serving any banning orders issued by ONGC debarring them from carrying out business dealings with ONGC.

(h) Offers not accompanied by notarized copy of PAN Card 2.2.5 Taxes and Duties

Bidder shall bear, within the quoted rates, all taxes, duties and levies including but not limited to Corporate Tax, VAT, Sales Tax, Works contract tax etc. as applicable, arising out of this contract. Bidder shall also bear,within the quoted rates, the personnel Tax as applicable in respect of their personnel and their sub contractor�s personnel, arising out of this

contract. In accordance with the Service Tax (Determination of value) Rules 2006, Service Tax shall be payable on 40% of the total amount charged for works contact. Liability to pay service tax: a) If Service Provider (Contractor) is a company registered under Companies act

1956,then service tax shall be paid by the service provider i.e., Contractor. b) If service provider is an individual, HUF, Partnership Firm whether registered or not,

including association of persons, then both contractor (service provider) and ONGC (Service Receiver) has to discharge service tax equally i.e., 50% of the total tax payable.It may be noted that if the service provider is �association of persons�,then

also ONGC as the Service Receipient has to pay 50% of the service tax payable. c) The �Person� in case of �Association of persons� may be (i) an individual (ii) a Hindu

undivided family, (iii) a company (iv) a society, (v) a limited liability partnership, (vi)




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a firm, (vii) an asdsociation of person or body of individuals, whether incorporated or not ,(viii) Government.

Service Tax paid by the Contractor as per above liability shall be reimbursed as per actuals after payment of service tax to the authorities and submission of receipt to ONGC.

2.2.6 Financial Criteria Average Turnover of Bidder : 30% of Estimated Cost put to tender or more Notes:-

For the purpose of ascertaining parameter of Turnover of the bidder, average turnover of the bidder for the previous two financial years shall be considered. The bidder will provide a copy each of audited annual accounts of previous two financial years for ascertaining their turnover. The date (i.e.,the financial period closing date) of the immediate previous year�s annual accounts should not be older than eighteen (18) months from the bid closing/un-priced bid opening date.

3.0 Evaluation Criteria 3.1 This is a Two bid bidding process as detailed below: 3.1.1 PART-A Techno-Commercial Bid:-

The bidders whose techno- commercial bids are found technically and commercially acceptable as per BEC criteria shall be qualified for participating in the Part-B of the bidding process.

Offers with techno-commercial bids containing prices shall be rejected outright 3.1.2 PART-B Price Bid: -

PART-B (Price Bid) must contain only the price bid, duly filled in firm figures and words, and without any conditions, exceptions or qualifications.

i. Price bids of the technically qualified bidders shall be evaluated on the basis of % price quoted, i.e., below / above / at par by the bidders for complete scope of work.

ii. Initial ranking of bidders will be made based on the overall percentage rates quoted by them. If there are more than one Bidder quoting same overall percentage rate, then the ranking will be made based upon their higher Average Annual financial turn over as per audited annual reports for the last two accounting years, which should be at least 30% of the value of estimated cost.

iii. Discount offered by the bidder, if any, shall not be considered for the price bid evaluation. However if the bidder happens to be the first lowest bidder, ONGC shall avail this discount while awarding the work.

4.0 GENERAL: 4.1 The BEC over-rides all other similar clauses operating anywhere in the Bid Documents. 4.2 The bidder/contractor is prohibited to offer any service / benefit of any manner to any

employee of ONGC and that the contractor may suffer summary termination of contract / disqualification in case of violation.

4.3 Bidder shall comply with all laws, rules and regulations of local and other regulatory authorities and ONGC shall not be responsible for any kind of hindrances arising out of non-compliance of any of the regulation of the authorities.

4.4 On site inspection will be carried out by ONGC officers/Representatives/Third Parties at the discretion of the ONGC.

4.5 Bidders should submit the �Bid Matrix�(as enclosed with the bid document) duly filled in, so as to re-confirm compliance with each of the requirements of BEC and other




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important conditions of the tender. Each such confirmation should be clearly stated in the �Bid Matrix� indicating Confirmed/Not Confirmed/Not Applicable as applicable. Further, against each such confirmation, bidders should also indicate the reference/location (Page No./Annexure etc.)of the respective details/documents enclosed in the bid, so as to easily locate the same in the bid document.




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A N N E X U R E - I I I BEC COMPLIANCE MATRIX

BEC Clause Nos..

Description Bidder has to indicate their response as confirmed/not confirmed/not applicable

Reference to submitted Bid where relevant documents are available.

1.1

Bidders are advised not to take any exceptions/deviations to the bid document.If exceptions / deviations are maintained in the bid, such conditional / non-conforming bids shall not be considered and may be rejected.

2.1 TECHNICAL REJECTION CRITERIA: The following vital technical conditions should be strictly complied with, failing which the bid will be rejected:

2.1.1 BROAD SCOPE OF WORK: Bid should be complete and covering the entire scope of work of tender and should conform to the technical specifications indicated in the bid documents.Incomplete and non-conforming bids will be rejected outright.

2.1.2 Eligibility &Experience Criteria: - Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which tenders are invited should be either of the following(to be reckoned from the last date of preceding month to the one in which bids are invited).

The bidder should have completed at least three similar works each costing not less than the amount equal to 40% of estimated cost

OR The bidder should have completed at least two similar works each costing not less than the amount equal to 50% of estimated cost

OR The bidder should have completed at least one similar work costing not less




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than the amount equal to 80% of estimated cost

Definition of �Similar Work� �Drilling and Development of Deep Tube Well�.

The Bidder should submit the notarized copies of Completion Certificate(s) issued by Clients for whom the work was executed . The Completion certificate should indicate name of work, value of work executed and date of completion. Only completed works shall be considered for evaluation.

2.1.3 The bidder must indicate its status like Propritership/Partnership/Limited Company etc., The tender should be signed only by the authorized person of the Firm.Such authority must be accompanied by the constitution of the firm or with a copy of Power of attorney from appropriate competent authority of firm on Non-Judicial stamp paper of appropriate value duly executed before Notary Public or first class magistrate (Attested copies of constitution of the bidder and copy of power of attorney to be submitted). In case of proprietary firm, bidder must submit the document establishing his proprietorship indicating the name of the individual as proprietor as a proof of proprietorship of the firm, like shops & establishment Certificate / registration certificate issued by Government.

2.2 The following vital commercial conditions should be strictly complied with failing which the bid will be rejected.

2.2.1 Proof of the sale/issue of bid document The forwarding letter or RFQ, in original, as a proof of issue of the tender document (purchased against payment of requisite tender fee), duly signed by tender issuing officer, must be sent by the bidder along with offer.




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2.2.2 The offers of the bidders indicating/disclosing prices in techno-commercial (un-priced bid) or at any stage before opening of price-bid shall be straightaway rejected.

2.2.3 Acceptance of terms & conditions: The bidder must confirm unconditional acceptance of all the terms & conditions of bid documents as per the format given in tender document.

2.2.4 Offers of following kinds will be rejected:

(a) Offers made without Earnest Money Deposit / Bid Security / Bid Bond / Bank Guarantee for an amount of Rs. 23,600.00 along with the Techno-Commercial offer.

(b) Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening of bid.

(c) Offers where prices are not firm during the entire duration of the contract and/or with any qualifications.

(d) Offers which do not confirm to the completion period of contract indicated in the bid.

(e) Offers not accompanied with a notarized copy of valid registration under service tax rules or an undertaking for submission of copy of service tax registration certificate alongwith the first invoice under the Contract.

(f) Offers not accompanied by notarized copy of Tripura VAT registration Certificate or an undertaking by the bidder to submit the same after award of work before submission of first invoice

(g) 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 any capacity, are currently serving any banning orders issued by ONGC debarring them from carrying out business dealings with ONGC.

(h) Offers not accompanied by notarized copy of PAN Card




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2.2.5 Taxes and Duties Bidder shall bear, within the quoted rates, all taxes, duties and levies including but not limited to Corporate Tax, VAT, Sales Tax, Works contract tax etc. as applicable, arising out of this contract. Bidder shall also bear,within the quoted rates, the personnel Tax as applicable in respect of their personnel and their sub contractor�s personnel, arising out of this

contract. In accordance with the Service Tax (Determination of value) Rules 2006, Service Tax shall be payable on 40% of the total amount charged for works contact. Liability to pay service tax: a) If Service Provider (Contractor) is a company registered under Companies act 1956,then service tax shall be paid by the service provider i.e., Contractor. b) If service provider is an individual, HUF, Partnership Firm whether registered or not, including association of persons, then both contractor (service provider) and ONGC (Service Receiver) has to discharge service tax equally i.e., 50% of the total tax payable.It may be noted that if the service provider is �association of persons�,then also ONGC

as the Service Receipient has to pay 50% of the service tax payable. c)The �Person� in case of �Association of

persons� may be (i) an individual (ii) a

Hindu undivided family, (iii) a company (iv) a society, (v) a limited liability partnership, (vi) a firm, (vii) an asdsociation of person or body of individuals, whether incorporated or not ,(viii) Government. Service Tax paid by the Contractor as per above liability shall be reimbursed as per actuals after payment of service tax to the authorities and submission of receipt to ONGC.

2.2.6 Financial Criteria Average Turnover of Bidder : 30% of Estimated Cost put to tender or more




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Notes:- For the purpose of ascertaining parameter of Turnover of the bidder, average turnover of the bidder for the previous two financial years shall be considered. The bidder will provide a copy each of audited annual accounts of previous two financial years for ascertaining their turnover. The date (i.e.,the financial period closing date) of the immediate previous year�s annual

accounts should not be older than eighteen (18) months from the bid closing/un-priced bid opening date.

3.1.1 PART-A Techno-Commercial Bid:-

The bidders whose techno- commercial bids are found technically and commercially acceptable as per BEC criteria shall be qualified for participating in the Part-B of the bidding process.

Offers with techno-commercial bids containing prices shall be rejected outright.

3.1.2 PART-B Price Bid: - PART-B (Price Bid) must contain only the price bid, duly filled in firm figures and words, and without any conditions, exceptions or qualifications. i. Price bids of the technically qualified

bidders shall be evaluated on the basis of % price quoted, i.e., below / above / at par by the bidders for complete scope of work.

ii. Initial ranking of bidders will be made

based on the overall percentage rates quoted by them. If there are more than one Bidder quoting same overall percentage rate, then the ranking will be made based upon their higher Average Annual financial turn over as per audited annual reports for the last two accounting years, which should be at least 30% of the estimated cost.

iii. Discount offered by the bidder, if any, shall not be considered for the price bid evaluation. However if the bidder happens to be the first lowest bidder,




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ONGC shall avail this discount while awarding the work.

4.1 The BEC over-rides all other similar clauses operating anywhere in the Bid Documents.

4.2 The bidder/contractor is prohibited to offer any service / benefit of any manner to any employee of ONGC and that the contractor may suffer summary termination of contract / disqualification in case of violation.

4.3 Bidder shall comply with all laws, rules and regulations of local and other regulatory authorities and ONGC shall not be responsible for any kind of hindrances arising out of non-compliance of any of the regulation of the authorities.

4.4 On site inspection will be carried out by ONGC officers/Representatives/Third Parties at the discretion of the ONGC.

4.5 Bidders should submit the �Bid Matrix�(as

enclosed with the bid document) duly filled in, so as to re-confirm compliance with each of the requirements of BEC and other important conditions of the tender. Each such confirmation should be clearly stated in the �Bid Matrix� indicating Confirmed/Not

Confirmed/Not Applicable as applicable. Further, against each such confirmation, bidders should also indicate the reference/location (Page No./Annexure etc.)of the respective details/documents enclosed in the bid, so as to easily locate the same in the bid document.




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A N N E X U R E - I V

CERTIFICATE OF ACCEPTANCE / COMPLIANCE/ CONFIRMATION

1. The Bidder hereby confirms that All the terms and conditions of the bid document of the Tender No.TC2DC12031 are acceptable to us and we have not made any deviation from the same or put forth any additional conditions in our offer.

2. The bidder hereby confirms the unconditional validity of our offer for 90 days from the date of opening of unpriced techno-commercial bid.

3. The bidder hereby confirms that the offer is for complete scope of work and shall execute the work strictly as per scope of work with technical specifications as detailed in the Bid document.

4. The bidder confirms the acceptance of the time schedule of completion of the work..

5. The bidder hereby accepts the stipulations of the Bid Evaluation Criteria and methodolgy of evaluation of Bids.

6. The bidder certifies that neither the bidder, nor any of bidder�s allied concerns,partners or associates or directors involved in any capacity, are currently serving any banning orders issued by ONGC debarring the bidder from carrying any business dealings with ONGC.

7. It is certified that the details as furnished in this bid are true to the best of bidder�s knowledge

and records. The bidder gives an undertaking that if at any stage of scrutiny of tender or currency of contract, if any information is found incorrect, the Corporation shall have the right to terminate the contract at its discretion and the bidder shall have no claim for any compensation whatsoever thereof.

Place: Signature of the Bidder: Date: Seal of the Company :




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A N N E X U R E - V

PROFORMA CERTIFICATE ON RELATIVES OF DIRECTORS OF ONGC This has reference to our proposed contract regarding �Drilling and Development of Deep Tube Well at Drillsite KHBM (RKH-8) at Pacharthal. (Tender No. TC2DC12031)� to be entered into with Oil and Natural Gas Corporation Ltd. (ONGC). For the purpose of Section 297/299 of the Companies Act, 1956, an extract 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 his relative is a

partner;

(iv) We are not a private company in which a Director of ONGC is a Member or Director; (v) We are not a company in which Directors of ONGC hold more than 2 % of the

paid-up share capital of our company or vice-versa.

Signature of the Bidder: Seal of the Company:




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A N N E X U R E - V I

GENERAL CONDITIONS OF CONTRACT

Definitions:

1) The �contract� means the documents forming the tender and acceptance thereof and the formal

agreement enforceable by law and executed between the corporation and the contractor, together with documents referred to, therein, including these conditions, the specifications, designs, drawings and instructions, issued from time to time by the Engineer-in-Charge and all these documents taken together, shall be deemed to form one contract and shall be complementary to one another.

2) In the contract the following expression shall, unless the context to the contrary so requires, have the meanings, hereby respectively assigned to them:

(a) The expression �works� or �work� shall, unless be something either in the subject to context

repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional. (b) The �Site� shall mean the residents, buildings, structures, land and or other places on, into

or through which work is to be executed under the contract or any adjacent land, path or street which may be allotted or used for the purpose of carrying out the contract. (c) The �Contractor� shall mean the individual or firm or company whether incorporated or not

undertaking the works and shall include the legal personal representatives of such individual or the persons composing such firm or company, or the successors of such firm or company and the permitted assignees of such individual or firm or company. (d) Corporation mean the Oil and Natural Gas Corporation Ltd., a company incorporated under Companies Act & includes its successor(s) & assignees(s). (e) The �Engineer-in-Charge/ Project Manager� means the Chief Engineer(Civil) / Superintending Engineer (Civil) / Deputy Superintending Engineer (Civil) / Executive Engineer (Civil) who will be nominated by the Corporation and who shall supervise and be in charge of the work and who shall sign or cause to be signed the contract on behalf of the Corporation. (f) The �Site-in-charge/Project Coordinator� shall mean the Engineer(s) designated by

the Engineer-in-charge for the work(s) to be performed under the contract. (g) The term � Chief Engineer� or Deputy General Manager, means The Chief Engineer (Civil),

or Deputy General Manager (Civil)/Location Manager-Works of the Corporation. (h) Words imparting the singular number include the plural number and vice versa.

CLAUSE-1: SECURITY DEPOSIT

1.1 1 The successful bidder(hereinafter called �Contractor�) shall submit security deposit to the

corporation within Fifteen Days from the date of signing of this agreement, in the form of performance bank guarantee in the prescribed format (enclosed with the bid) for an amount equal to 5% of contract value and permit corporation at the time of making any payment to him for work done under the contract to deduct amount @ 10% of each bill amount till the realization of balance security deposit amount equal to 5% of contract value.The Performance Bank Guarantee shall be drawn in favour of the Company and shall be valid till the actual completion date plus the Defect Liability Period/Warranty Period (i.e. Twelve months) plus Sixty days.

1.2 The Performance/Security Bank Guarantee submitted by the Contractor, shall be treated as security deposit

1.3 In the event completion of Works is delayed beyond the Scheduled Completion Date for any

reasons whatsoever, the Contractor shall suitably extend the validity of the Performance/Security




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Bank Guarantee so as to make it valid for 12 months (i.e. warranty period) plus 60 days from the

actual date of completion of Works.

1.4 Company shall have the right under this guarantee to claim the amount there under in the event of the Contractor failing to honour any of the commitments entered into under this contract. In case the Contractor fails to furnish the requisite Performance/Security Bank Guarantee as stipulated above, then the Company shall have the option to terminate the contract and no compensation for the Works performed shall be payable upon such termination. Upon completion of Works the above said guarantee shall be considered to constitute The Contractor's warranty. The warranty shall be in force for 12 months, from the actual completion date of the Project. 1.5 Notwithstanding what has been stated here above in this Clause in the event of completion of project being delayed beyond the Scheduled Completion Date(s) or extended date(s) extended as per provision of the Agreement, Company may without prejudice to any other right or remedy available to Company under the Agreement, operate the Performance/Security Bank Guarantee to recover the liquidated damages leviable as per Clause 2. The Performance/Security Bank Guarantee amount shall there upon be increased to the original amount, or The Contractor may alternatively submit a fresh Performance/Security Bank Guarantee for the equivalent amount of liquidated damages recovered. 1.6 The value of the Performance Bank Guarantee for warranty period shall be limited to 5% of the contract value. 1.7 Performance/Security Bank Guarantee shall be returned to the Contractor after satisfactory completion of the Contract.

CLAUSE � 2: LIQUIDATED DAMAGES / FAILURE AND TERMINATION: Time is the essence of the CONTRACT. If CONTRACTOR fails to complete entire WORK by the scheduled completion date, ONGC may without prejudice to any other right or remedy available to it as under the Contract or Law:

a) Recover from contractor as ascertained and agreed liquidated damages and not by way of Penalty, a sum equivalent to ½% (half percent)of the total contract price for each week of

delay occured or part thereof beyond the scheduled completion date subject to a maximum of 10 % of the total contract price even though ONGC may accept delay in Completion of work after expiry of the Scheduled completion date. However, if contractor has completed certain part of the work within scheduled completion date and the said part is ready for use and is accepted by ONGC, then in that event, Liquidated Damages shall be leviable only on the Contract Price for the balance work remaining incomplete as on the scheduled date of completion

AND / OR b) Terminate the Contract or a portion or part of the work thereof. ONGC shall give 14 days

notice to the Contractor of its intention to terminate the Contract and so shall terminate the Contract unless during the 14 days notice period, the Contractor initiates remedial action acceptable to ONGC.

In case the Contractor is unable to complete the work by the schedule completion date, it may request ONGC before expiry of the schedule completion date, to allow further time for performance of the Contract indicating its willingness to pay the LD amount as agreed at (a) above. ONGC may its discretion allow further time as requested by the Contractor with or without levy of LD. The parties agree that the amount of LD provided herein is a genuine pre-estimate of the loss/damage which will be suffered on account of delay on the part of the Contractor and the




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said amount shall be payable on demand without there being any proof of the actual loss or damage caused by such delay/breach. Calculation and mode of recovery of LD LD will be calculated on the contract price excluding the duties and taxes, where such duties/taxes have been shown separately in the contract. The amount towards Liquidated Damages shall become leviable from the original completion date as per contract or from the expiry of the extension, if any, given by ONGC without levy of LD. Applicable LD as on date shall be recovered progressively from balance due payment on pro-rata basis. ONGC may without prejudice to its right to effect recovery by any other method, deduct the amount of Liquidated Damages from any money belonging to the Contractor in its hand (which includes ONGC�s right to claim such amount against Contractor�s Bank Guarantee) or which

may become due to the Contractor. Any such recovery of Liquidated Damages shall not in any way relieve the Contractor from any of its obligations to complete the works or from any other obligation and liabilities under the Contract

CLAUSE 3 : The Project Manager / Engineer �in-Charge may without prejudice to his right against the contractor in respect of any delay or inferior workmanship or otherwise or to any claims for damage in respect of any breaches of the contract and without prejudice to any right or remedies under any of the provisions of this contract or otherwise and whether the date for completion has not elapsed by notice in writing, absolutely determine the contract in any of the following cases.

(i) If the contractor having been given by the Engineer-In-Charge a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in any inefficient or otherwise improper or unworkman-like manner shall omit to comply with the requirements of such notice thereafter or if the contractor shall delay or suspend the execution of the work so that either in the judgment of the Project Manager / Engineer-In-Charge (Which shall be final and binding) he will be unable to secure completion of the work by the date for completion of he has already failed to complete the work by that date.

(ii) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court to appoint a receiver or a manager or which entitled the court to make a winding up order.

(iii) If the contractor commits breach of any of the terms and conditions of this contract.

(iv) If the contractor commits any acts mentioned in Clause 21 here of.

When the contractor has made himself liable for action under any of the cases aforesaid the Project Manager / Engineer-In-Charge on behalf of the Corporation shall have powers:

(a) To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the contractor under the hand of the Project Manager / Engineer-In-Charge shall be conclusive evidence). Upon such determination or rescission the security deposit of the contractor shall be forfeited and shall be absolutely at the disposal of the Corporation.

(b) To employ labour paid by the Corporation and supply materials to carry out the works or any part of the work debiting the contractor with the cost of the labour and the price of the materials (of the amount of which cost and price certified by the Project Manager/Engineer-In-Charge shall be final and conclusive against the contractor) and




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crediting him with the value of the work done in all respects in the same manner and at the rates as if it has been carried out by the contractor under the terms of his contract. The certificate of the Project Manager / Project Coordinator as to the value of the work done shall be final and conclusive against the contractor, provided always that action under the sub-clause shall only be taken after giving notice in writing to the contractor. Provided also that if the expenses incurred by the Corporation are less than the amount payable to the contractor at his agreement rates, the difference should not be paid to the contractor.

(c) After giving notice to the contractor to measure up the work of the contractor and to take whole or balance or any such part thereof as shall be unexecuted out of his hands and to give to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to original contractor if the whole work had been executed by him (of the amount of which excess the certificate in writing of the Project Manager / Engineer-In-Charge shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by Corporation under this contract or on any other account whatsoever or from the security deposit or the proceeds of sales thereof or a sufficient part thereof as the case may be.

In the event of any one or more of the above courses being adopted by the Project Manager / Engineer-In-Charge the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any engagements or made any advance on any account or with a view to the execution of the work or the performance of contract. And in case action is taken under any or the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any work there to for actually performed under this contract unless and until the Project Manager / Engineer-In-Charge has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value so certified.

CLAUSE 4: CONTRACTORS TO REMAIN LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE 3 � POWER TO TAKE POSSESSION OF OR REQUIRE REMOVAL OR SELL CONTRACTOR�S PLANT

In any case in which any of the powers conferred upon the Project Manager / Engineer-in-Charge by Clause 3 hereof shall have become exercisable and the same have not been exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall not-with standing be exercisable in the event of any future case of default by the contractor and the liability of the contractor for compensation shall remain unaffected. In the event of the Project Manager / Engineer-in-Charge putting in force all or any of the powers vested in him under the preceding clause he may, if he so desires, after giving notice in writing to the contractor to take possession of (or at the sole discretion of the Project Manager / Engineer-in-Charge which shall be final) use as on hire (the amount of the hire money being also in the final determination of the Project Manager / Engineer-in-Charge ) all or any tools, plants, materials and stores, in or upon the works, or the site thereof, belonging to the contractor, or procured by the contractor and intended to be used for the execution of the work or any part thereof paying or allowing for the same in account at the contract rates, or in the case of these not being applicable, at current market rates to be certified by the Project Manager / Engineer-in-Charge whose certificate thereof shall be final otherwise the Project Manager / Engineer-in-Charge by notice in writing may order the contractor or his clerk or the works, foreman or other authorized agent to remove such tools ; plant, materials or stores from the premises (within a time to be specified in such notice), and in the event of the contractor failing to comply with any such requisition, the Project Manager / Engineer-in-Charge may remove them at the contractor�s expense or sell them by auction or

private sale on account of the contractor and at his risk, in all respects and the certificate of the Project Manager / Engineer-in-Charge as to the expense of any such removal and the




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amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor. CLAUSE 5: Extension of Time If the contractor shall desire an extension of time for completion of the work on the ground of his having been unavoidably hindered in its execution or on any other ground, he shall apply in writing to the corporation within 7 days of the date of hindrance on account of which he desires such extension as aforesaid, and the Project Manager / Engineer-in-Charge shall, if in his opinion (which shall be final, reasonable grounds be shown therefore, authorize such extension of time, if any, as may in his opinion, be necessary or proper. CLAUSE 5(a) : In the event of delay by the Project Manager / Engineer-in-Charge to hand over to the contractor possession of land / lands necessary for the execution of the work or to give the necessary notice to the contractor to commence work or to provide the necessary drawings or instructions or to do any act or thing which has the effect of delaying the execution of the work then not withstanding any thing contained in the contract such failure or delay shall in no way effect or vitiate the contract or alter the character thereof or entitle the contractor to any damages or compensation thereof but in all such cases the Project Manager / Engineer-in-Charge may grant such extension or extensions of the completion date as may be deemed fair and reasonable by the Project Manager / Engineer-In-Charge and such decision shall be final and binding. CLAUSE 6: COMPLETION CERTIFICATE Within 10 Days of the completion of the work, the contractor shall give notice of such completion to the Project Manager / Engineer-in-Charge and within ten days of the receipt of such notice the Project Manager / Engineer-in-Charge shall inspect the work and if there is no defect in the work shall furnish the contractor with a certificate of completion. Otherwise a provisional certificate of completion indicating defects (a) to be certified by the contractor and / or (b) for which payment will be made at reduced rates shall be issued but no certificate(s) of completion provisional or other wise shall be issued, nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work has been executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangement required for his / their work people on the site in connection with the execution of the works as shall have been erected or constructed by the contractor (s) and cleaned off the dirt from all wood work, doors, windows, floors other parts of any building, in upon or about which the work is to be executed or of which he may have had possession for the purpose of the execution thereof, and not until the work shall have been measured by the Project Manager / Engineer-in-Charge. If the contractor shall fail to comply with requirements of this clause as to removal of scaffolding, surplus materials and rubbish all huts and sanitary arrangements as aforesaid and cleaning of dirt on or before the date fixed for the completion of the work, the Project Manager / Engineer-in-Charge may at the expense of the contractor remove such scaffolding, surplus materials and rubbish etc., and dispose of the same as he thinks fit and clear off such dirt as aforesaid, and the contractor shall have no claim in respect of any such scaffolding or surplus materials except for any sum actually realized by the sale thereof. CLAUSE 6(2): The splashes and droppings from white washing, colour washing, painting etc., on walls, floors, doors, windows etc., shall be removed and the surface cleaned simultaneously with the completion of these items of work in the individual rooms, quarters or premises etc., where the work is done without waiting for the actual completion of all the other items or work in case contract ; in case the contractor fails to comply with requirements of this clause, the Project Manager / Engineer-in-Charge shall have the right to get this work done at the cost of the contractor � either departmentally or through another agency. Before taking such action,




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the Project Manager / Engineer-in-Charge shall give two days notice in writing to the contractor. CLAUSE 7: Contract Price and Payment Procedure

The Corporation shall pay to the Contractor in consideration of satisfactory

completion of all the works covered by the Scope of Work under the Contract, the Contract Price as per the details and break-up of prices given in schedule of prices. The Contract price is a firm price and the Contractor shall be bound to keep the same firm and without escalation on any ground whatsoever until completion of entire works against this Contract. Payment shall be made in the currency or currencies given in the schedule of prices for the work executed as per the procedure .Pending completion of the whole Works, provisional progressive payments for the part of the Works executed by the Contractor shall be made by the corporation on the basis of said work completed and certified by the Project Manager/ Project Coordinator as per the detailed measurements of items executed taken jointly by the contractor and the Project coordinator or their authorized representative. Such certification of the Work completed shall be made by the Corporation�s Representative within 15 days of receipt of Contractor�s application for Certification with all required Supporting

documents. Such certification shall not preclude the requiring of bad, unsound and Imperfect or unskilled work to be removed and taken away and reconstructed or re-erected or be considered as an admission of due performance of the contract or any part thereof in any respect or the accruing of any claim nor shall it conclude, determine, or affect in anyway, the powers of the Project Manager / Engineer-in-charge under these conditions or in any other way vary or affect the contract. No payments shall become due and payable to the Contractor until Contract is signed by the two parties and Contractor furnishes Performance Guarantee to the ONGC.

Clause 8 : Invoice Submission 8.1 The contractor shall submit invoices (s) once in each month along with four copies, with all

required supporting documents and details of the said work to ONGC representatives for certification of the said invoice, for approval of the amount payable and payment thereafter. Contractor shall submit separately a monthly invoice for Extra work approved by ONGC.

8.2 The ONGC shall arrange approval of the invoice (undisputed amount) and payments within 21 (Twenty One) Calender days of receipt thereof after certification by the Project Coordinator in the event of the ONGC objecting to any portion of Work covered by the said invoice, such objection shall be communicated to the Contractor Within 10 (ten) working days from the date of receipt of certified invoice by the ONGC. The Contractor shall have the right to claim the payment of such amounts objected by ONGC in subsequent invoice after removal of cause of such objection.

8.3 Within 21 (Twenty One) Calender days of the receipt of the invoice, the undisputed amount of each invoice so approved/certified will be released for payment and remittance to the contractor.

8.4 Payment for amount objected to by ONGC as referred to in clause No. 8.2 above, shall be made in accordance with provision when the objection has been removed/settled and the Contractor submits fresh invoice for the same.

8.5 Invoice for extra work/Change order: No invoice for extra work/change order on account of change order will be submitted by the Contractor unless the said extra work/change order has been authorized/approved by ONGC in writing. Payment against all these Change Orders/Extra Works shall be made by ONGC after approval of Change Order, as per Standard payments terms & conditions.

8.6 After due vetting of the documents for change in duties/Taxes under change in law by ONGC, Invoice on account of change in duties/taxes under changes in law, shall be submitted by the




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Contractor after payment of all duties/taxes along with necessary supporting documents in a single invoice.

8.7 All the payments by ONGC shall be remitted to the Contractor�s bank account to be specified by

the Contractor in writing to ONGC before submission of the first invoice. The payment shall be made in currencies stated in the contract. ONGC shall be deemed to have arranged payment to the Contractor on the date of transmission of instruction to the Contractor�s Bank in the country

where the money is required to be paid to the Contractor. 8.8 ONGC shall also inform in writing to the Contractor the details of remittance i.e. amount and date.

Bank charges of bank(s) in India shall be borne by ONGC whereas bank charges of bank(s) in Contractor�s designated locations, if any, shall be borne by Contractor.

8.9 In the event of ONGC noticing at any time that any amount has been distributed wrongly to the Contractor or any other amount is due from the Contractor to ONGC, ONGC may without prejudice to its right recover such amounts by other means after notifying the Contractor or deduct such amount from any payment falling due to the Contractor. Details of such recovery if any will be intimated to the Contractor. The Contractor shall receive payment of undisputed amount under subsequent invoice for any amount that has been omitted in previous invoice by mistake on the part of ONGC or the Contractor

8.10 Full rates, as per agreement/supply order should be allowed only if the quality of work done or supplies made conforms to the specification of that standard and under the agreement it is permissible to make a final payment. If the contract is determined, or an on account payment, if the contract is to run, on a part rate considered reasonable should be allowed with due regard to the work remaining to be done and general terms of the agreement, after getting the part rate statement approved from Engineer In-charge.

8.11 In case of supplies, the payment is not permissible until the stores have been received, examined and accepted. In case payment has been permitted on production of dispatch document etc. the payment should be treated as advance against the final settlement on receipt, examination and acceptance of the stores.

8.12 If the contract is for a completed item of work and the contractor is required to obtain materials of any description from ONGC, necessary on account of the cost of materials supplied to him from ONGC should be affected from each invoice at the recovery rates fixed for the purpose.

8.13 ONGC's right to question the amounts claimed Payment of any invoice shall not prejudice the right of Corporation to question the

admissibility under this Agreement of any amounts claimed therein, provided ONGC, within one year beyond the expiry of CONTRACT , delivers to CONTRACTOR, written notice identifying any item or items which it questions and specifying the reasons thereof. Should ONGC so notify CONTRACTOR, such adjustment shall be made as the parties shall agree. These provisions shall be reciprocal for similar rights to the CONTRACTOR. The CONTRACTOR shall provide on demand a complete and correct set of records pertaining to all costs for which it claims reimbursement from ONGC and as to any payment provided for hereunder, which is to be made on the basis of Contractor�s costs.

CLAUSE 9 : (a) For the purpose of preparing running account bills, the abbreviated nomenclature as mentioned in the Abbreviations shall be adopted. The abbreviated nomenclature shall be taken to cover all the materials and operations as per the complete nomenclature of the relevant items in the agreement and other specifications. (b) In the case of items for which abbreviated nomenclature is not available and also in case of extra and substituted items of work for which abbreviated nomenclature is not provided in the agreement the full nomenclature of item shall be reproduced in for running account bills. CLAUSE � 10: STORES SUPPLIED BY CORPORATION: No material will be issued by ONGC to the contractor and all the materials are to be arranged by the contractor at their own cost.The construction cement of approved brand and manufacture of required grade approved by the Engineer�in Charge is to be arranged by the contractor at his own cost for




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which no extra payment will be made by ONGC. CLAUSE 10A: REMOVAL OF SUB STANDARD MATERIAL: The Engineer-in-Charge shall have full powers to require the removal from the premises of all materials which, in his opinion are not in accordance with the specifications and in case of default, the Engineer-in-Charge is to be at liberty to employ other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials. The Engineer-in-Charge shall also have full powers to require other proper materials, to be substituted thereof and in case of default the Engineer-in-Charge may cause the same to be supplied and all costs which may attend such removal and substitution are to be borne by the contractor. CLAUSE 10-B: SECURED ADVANCE AGAINST MATERIALS (ONLY FOR ITEM RATE/ PERCENTAGE RATE CONTRACTS):

10. B.1 Secured Advances on the security of materials brought to site may be made to the contractors for items which are to be used on work .

10. B.2 The Engineer-in-charge can release the secured advance up to an amount not exceeding 75% of the value of the materials as assessed by the site-in-charge or an amount not exceeding 75% of the material element cost in the tendered rate of the finished item of work whichever is lower.

10. B.3 A formal undertaking should be submitted by the contractor under which ONGC secures a lien on the materials and is safeguarded against losses due to the contractor postponing the execution of the work or to the shortage or misuse of the materials, and against the expense entailed for their proper watch and safe custody. Payment of such advances should be made only on the certificate of the site in-charge that:

i. The quantities of materials up to which the advances are made have actually been brought to site.

ii. Full quantities of the materials, for which advance is to be made, are required by the contractor for use on items of work for which rates for finished work have been agreed upon.

iii. The quality of materials is as per desired specifications.

10. B.4 Recoveries of advances so made shall not be postponed until the whole of the work entrusted to the contractor is completed. They shall be made from their bills for work done as the materials are used, the necessary deductions being made whenever the item of work in which they are used are billed for.

10. B.5 Secured advance shall be granted only for non-perishable items. It can however, be granted for perishable items after the contractor indemnifies ONGC through an insurance cover (Insurance period shall be based on likely time gap in arrival and usage of material but minimum of three months). The Engineer-in-charge shall identify whether an item is perishable or not.

CLAUSE 10C: MATERIALS OBTAINED DURING EXCAVATION, IS CORPORATION�S PROPERTY: The contractor shall treat all material obtained during dismantling of a structure, excavation of the site for a work, etc. as Corporation property and such materials shall be disposed of the best advantage of the Corporation according to the instructions in writing issued by the Engineer-in-Charge. CLAUSE 10D: RECOVERY AGAINST MATERIALS SUPPLIED BY CORPORATION If at any time, any material, which the contractor would normally have to arrange himself, is supplied by the corporation at its sole discretion either at the contractor's request or suomotu with a view to




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avoiding any possible delay in the execution of the work likely to occur due to the contractor �s

inability to make adequate arrangements for the supply thereof or otherwise, the recovery of the cost of such material shall be made from the contractor�s bill at the book value rate of the last purchase

price, whichever is higher, plus 3% percent on account of freight, 1% percent on a account of incidental charge and 10% percent of the total cost by way of supervision charges. CLAUSE 11: WORK TO BE EXECUTED IN ACCORANCE WITH SPECIFICATIONS, DRAWINGS, and ORDERS ETC.: The contractor shall execute the whole and every part of the work in the most substantial and workman like manner both as regards materials and otherwise in every respect in strict accordance with the specifications. The contractor shall also conform exactly, fully and faithfully to the designs, drawings and instructions in writing in respect of the work signed by the Engineer-in-Charge, and the contractor shall be furnished free of charge one copy of the contract documents together with specifications, and of all such designs, drawings and instructions as are not included in the printed publication on General specifications referred to elsewhere in the Contract. The contractor shall comply with the provisions of the contract and with the care and diligence to execute and maintain the works and provide all labour and materials, tools and plants including for measurements and supervision of all works, structural plans and other things of temporary of permanent nature required for such execution and maintenance insofar as the necessity for providing these, is specified or is reasonably inferred from the contract. The contractor shall take full responsibility for adequacy, suitability and safety of all the works and methods of construction. CLAUSE 12: CHANGE ORDERS The Engineer-in-Charge shall have power: (i) to make alteration in, omissions from, additions to, or substitutions for the original specifications, drawings, designs and instructions that may appear to him to be necessary or` advisable during the progress of the work, and (ii) to omit a part of the works in case of non-availability of a portion of the site or for any other reasons and the contractor shall be bound to carry out the works in accordance with any instructions given to him in writing signed by the Engineer-in-Charge and such alterations, omissions, additions or substitutions shall form part of the contract as if originally provided therein and any altered, additional or substituted work which the contractor may be directed to do in the manner specified above as a part of the works, shall be carried out by the contractor on the same conditions in all respects inclusive price on which he agreed to do the main work except as here after provided. 12.1.1 The time for completion of the works shall, in the event of any deviations resulting in additional cost over the tendered value, sum being ordered, be extended, if requested by the contractor, as follows.

(i) In the proportion which the additional cost of the altered, additional or substituted work bears to the original tendered value plus;

(ii) 25% of the time calculated in (i) above or such further additional time as may be considered reasonable by the Engineer-in-Charge.

12.1.2 In case of Item/Percentage Rate tenders, the following procedure will be adopted in the finalization of rates for variation, Extra and Substituted items. 12.1.2.1 Variation 12.1.2.1.1 Variation means variation in quantity of items, i.e. where there is increase or decrease in the quantities of items of work in the agreement. In other words, the nomenclature remains the same but the quantities vary with those provided in the agreement. 12.1.2.1.2 The rates payable for the variations up to 25% in respect of individual items in the contract




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shall be as per the contract rates. 12.1.2.1.3 The rates payable for variations in quantities in excess of 25% in respect of individual items shall be worked out at market rates prevailing at the time of commencement of execution of these items. 12.1.2.2 Extra/Substituted Items. 12.1.2.2.1 Extra items of work are times, which are completely new and in addition to the items in the contract. 12.1.2.2.2 Substituted items are items which are taken up in lieu of those already provided in the contract. 12.1.2.2.3 The rates for the extra items shall be worked out at market rates prevailing at the time of commencement of execution of these items. 12.1.2.2.4 For substituted items, the agreement rate of the original item will be adjusted for the difference in market rates (prevailing at the time of commencement of execution of these items) of original and substituted items. CLAUSE 13: NO COMPENSATION FOR ALTERATION OR RESTRICTION OF WORK TO BE CARRIED OUT: If at any time after commencement of the work the Corporation shall for any reason whatsoever not require the whole there of as specified in the tender to be carried out, the Engineer-in-Charge shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full, but which he did not derive in consequence of the full amount of the work not having been carried out, neither shall he have any claim for compensation by reasons of any alterations having been carried out made in the original specifications, drawings, designs and instructions which involve any curtailment of the work as originally contemplated. Provided that the contractor shall be paid the charges on the cartage only of bonafide materials actually brought to the site of the work by him and rendered surplus as a result of the abandonment or curtailment of the work or any portion thereof and then taken back by the contractor, provided however, that the Engineer-in-Charge shall have in all such cases the option of taking over all or any such materials at their purchase price or at local current rates which ever may be less. In the case of such stores having been issued from Corporation stores supervision charges and storage charges shall be refunded in addition to the issue rate of materials. CLAUSE 14: ACTION & COMPENSATION PAYABLE INCASE OF BAD WORKMANSHIP: If it shall appear to Engineer-in-Charge or his subordinate in charge of the work, that any work has been executed with unsound, imperfect, or unskillful workmanship or with materials of any inferior description, or that any materials or articles provided by him for the execution of the work are unsound or of a quality inferior to that contracted for or otherwise not in accordance with the contract, the contractor shall on demand in writing which shall be made within 12 ( Twelve) months of the completion of the work from the Engineer-in-Charge specifying the work, materials or articles complained or notwithstanding that the same may have been passed and certified, forthwith rectify or remove and reconstruct the work so specified in whole or in part as the case may require or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles at his own proper charge and cost, and in the event of his failing to do so within a period to by specified by the Engineer-in-Charge in his demand, aforesaid, then the contractor shall be liable to pay compensation at the rate of one percent, on the contract value put to tender for every day not exceeding ten days, while his failure to do so shall continue and in the case of any such failure the Engineer-in-Charge may rectify or remove and re-execute the work or remove and replace with others, the materials or articles complained of as the case may be at the risk and expense of the contractor in all respects. CLAUSE 15: WORK TO BE OPEN TO INSPECTION: All works under or in course of execution or executed in pursuance of the contract shall at all times be




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open and accessible to the inspection and supervision of the Engineer-in-Charge, his authorized subordinates in charge of the work and all the superior officers, officer of the Quality Control Organization of the Department and of the Chief Technical Examiner�s Office, and the contractor shall,

at all times during the usual working hours and at all other times at which reasonable notice of the visit of such officers has been given to the contractor, either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing, present for that purpose. Orders given to the Contractor�s agent shall be considered to have the same force as if they had been given to the contractor himself. If it shall appear to the Engineer-in-Charge, his authorized subordinates, In-charge of the work or the Chief Engineer in charge of Quality Control or his subordinate officers or to the Chief Technical Examiner or his subordinate officers, that any work has been executed with unsound, imperfect, or unskillful workmanship, or with materials or articles provide by him for the execution of the work which are unsound or of a quality inferior to that contracted or otherwise not in accordance with the contract the contractor shall, on demand in writing which shall be made within six months of the completion of the work form the Engineer-in-Charge specifying the work, materials or articles complained of notwithstanding that the same may have been passed, certified and paid for forthwith rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or, as the case may be remove the materials or articles so specified and provide other proper and suitable materials or articles at his own cost. In the event of the failing to do so within a period specified by the Engineer-in-Charge in his demand aforesaid, then the contractor shall be liable to pay compensation at the same rate as under clause 2 to the contract (for non-completion of the work in time) for this default. In such case the Engineer-in-Charge may not accept the item or work at rates applicable under the contract but may accept such items at reduced rates as the competent authority may consider reasonable during preparation of on account bills or final bill if the item is so acceptable without detriment to the safety and utility of the item and the structure or he may reject the work outright without any payment and / or get it and other connected and incidental items rectified, or remove and re-executed at the risk and cost of the contractor. Decision of the Engineer-in-Charge to be conveyed in writing in respect of the same will be final and binding on the contractor. CLAUSE 16: NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP: The contractor shall give not less then seven days notice in writing to the Engineer-in-Charge or his subordinate, In-charge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured, and correct dimensions thereof be taken before the same is so covered up or place beyond the reach of measurement and shall not cover up and place beyond the reach of measurement any work without the consent in writing of the Engineer-in-Charge or his subordinate, In-charge of the work. The Engineer-in-Charge or his subordinate In-charge of the work shall within the aforesaid period of seven days inspect the work, and if any work has been covered up or placed beyond the reach of measurement without such notice having been given or Engineer-in-Charge�s consent being obtained the same shall be uncovered at

the contractor�s expense, or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed. CLAUSE 17: CONTRACTOR�S LIABILITY FOR DAMAGE DONE AND FOR IMPERFECTIONS

NOTICED WITHIN PRESCRIBED MAINTENACE PERIOD AFTER THE CERTIFICATE: If the contractor or his working people or servants shall break, deface, injure or destroy any part of building in which they may be working, or any building, road, road curb, fence, enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or cultivated ground contiguous to the premises on which the work or any part is being executed, or if any damage shall happen to the work while in progress, form any cause whatever or if any defect, shrinkage or other faults appear in the work within 12 months after a certificate final or otherwise of its completion shall have been given by the Engineer-in-Charge as aforesaid arising out of defect or improper materials or workmanship the contractor shall upon receipt of a notice in writing on that behalf make the same good at his own expense or in default the Engineer-in-Charge cause the same to be made good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may




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become due to contractor, or from his security deposit after the issue of the certificate final or otherwise, of completion of work.. CLAUSE 18: CONTRACTOR TO SUPPLY TOOLS & PLANTS ETC.: The contractor shall provide at his own cost all materials (except such special materials, if any, as may in accordance with the contract be supplied from the Engineer-in-Charge�s stores) plant, tools,

appliances, implements, ladders, cordage, tackle, scaffolding and temporary works required for the proper execution of the work, whether original, altered or substituted and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not, or which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer-in-Charge as to any matter as to which under these conditions he is entitled to be satisfied, or which he is entitled to require together with carriage therefore to and from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials, necessary for the purpose of setting out works, and counting, weighing and assisting the measurement for examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer-in-Charge at the expense of the contractor and the expenses may be deducted, from any money due to the contractor, under this contract or otherwise and / or from his security deposit or the proceeds of sale thereof, or of a sufficient portions thereof. CLAUSE 18A: RECOVERY OF COMPENSATION PAID TO WORKMAN: In every case in which by virtue of the provisions sub-section (1) of Section 12, of the Workmen�s

Compensation Act, 1923, Corporation (ONGC) is obliged to pay compensation to a workman employed by the contractor, in execution of the works Corporation will recover from the contractor the amount of the compensation so paid; and without prejudice to the right of the Corporation under sub-section (2) of section 12, of the said Act, Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Corporation to the contractor whether under this contract or otherwise. Corporation shall not be bound to contest any claim made against it under sub-section (1) Section 12, of the said Act, except on the written request of the contractor and upon his giving to Corporation full security for all costs for which Corporation might become liable in consequence of contesting such claim. CLAUSE 18B: ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS. : In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and of the Contract Labour ( Regulation and Abolition) Central Rules, 1971 Corporation is oblige to pay any amounts of wages to a workman employed by the contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the rules under clause 19H or under the C.P.W.D Contractor �s Labour

Regulations, or under the Rules framed by Government from time to time for the protection of health and sanitary arrangements for workers, employed by C.P.W.D Contractor, Corporation will recover from the contractor the amount of wages so paid or the amount of expenditure so incurred; and without prejudice to the rights of the Corporation under sub-section 92 of Section 20, and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, Government shall be at liberty to recover such amount or any part thereof by deducting under this contract or otherwise Corporation shall not be bound to contest any claim made against it under sub-section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the written request of the contractor and upon his giving to the corporation full security for all costs for which Corporation might become liable in contesting such claim. CLAUSE 19: LABOUR LAWS TO BE COMPLIED BY THE CONTRACTOR: The Contract Labour (R&A) Act, 1970, and the Contract Labour (Regulation and Abolition) Central Rules, 1971, before the commencement of the work, and continue to have a valid license until the completion of the work. The contractor shall also abide by the provisions of the Child Labour (Prohibition and Regulation) Act, 1986. Any failure to fulfill, the requirement shall attract the penal provisions of the contract arising out of the resultant non-execution of the work.




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CLAUSE 19A: No labour below the age of eighteen years shall be employed on the work. CLUSE 19B: PAYMENT OF WAGES:

i) The contractor shall pay to labour employed by him either directly or through sub-contractor, wages not less than fair wages as defined in the C.P.W.D Contractor�s Labour Regulations are as per the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971, wherever applicable.

ii) The contractor shall, notwithstanding the provisions of any contract to the contrary, cause to be paid fair wage to labour indirectly engaged on the work, including any labour engaged by his sub-contractors in connection with the said work, as if the labour had been immediately employed by him.

iii) In respect of all labour directly or indirectly employed in the works for performance of the contractor�s part of this contract, the contractor shall comply with or cause to be

complied with the Central Public Works Department contractor�s Labour Regulations

made by Corporation from time to time in regard to payment of wages, wage period, deductions form wages recovery of wages not paid and deductions unauthorisedly made, maintenance of wage books or wage slips, publication of scale of wages and other terms of employment, inspection and submission of periodical returns and all other matters of the like nature or as per the provisions of the Contract labour ( Regulation and Abolition) Act. 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971, wherever applicable.

CLAUSE 19C: PROVISIONS OF SAFETY CODES OF C.P.W.D:

In respect of all labour directly or indirectly employed in the work for the performance of the contractor�s part of this contract, the contractor shall at his own expense arrange for the safety provisions as per CPWD Safety Code framed from time to time and shall at his own expense provide for all facilities in connection therewith. In case the contractor fails to make arrangement and provide necessary facilities as aforesaid the contractor shall be liable to pay a penalty of Rs. 200/= for each default and in addition the Engineer-in-Charge shall be at liberty to make arrangement and provide facilities as aforesaid an recover the costs incurred in that behalf from the contractor. CLAUSE 19D: LABOUR ENGAGEMENTS STATEMENTS & RETURNS:

The contractor shall submit by the 4th and 19th of every month, to the Engineer-in-Charge a true statement showing in respect of the second-half of the preceding month and the first half of the current month respectively:- (1) The number of labourers employed by him on the work, (2) Their working hours, (3) The wages paid to them, (4) The accidents that occurred during the said fortnight showing the circumstances under which they

happened and the extent of damage and injury caused by them, and (5) The number of female workers who have been allowed maternity benefit according to clause 19F

and the amount paid to them. Failing which the contractor shall be liable to pay to Corporation a sum not exceeding

Rs.200/= for each default or materially incorrect statement. The decision of the Divisional Officer shall be final in deducting from any bill due to the contractor the amount levied as fine and be binding on the contractor. CLAUSE 19E: HEALTH & SANITARY PROVISIONS FOR LABOURERS: In respect of all labour directly or indirectly employed in the works for the performance of the contractor�s part of this contract, the contractor shall comply with or clause to be complied with all the

rules framed by Corporation from time to time for the protection of health and sanitary, and sanitary arrangements for workers employed by the Central Public Works Department and its




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contractors. CLAUSE 19F: LEAVE PROVISION: Leave and pay during leave shall be regulated as follows. 1. Leave: (i) In the case of delivery � maternity leave not exceeding 8 weeks, 4 weeks, upto and including

the day of delivery and 4 weeks following that day,(not exceeding 12 weeks as per Maternity Benefit Act)

(ii) In the case of miscarriage � up to 3 weeks from the date of miscarriage. 2. Pay: (i) In the case delivery � leave pay during maternity leave will be at the rate of the women�s average

daily earnings, calculated on total wages earned on the days when full time work was done during a period of three months immediately preceding the date on which she gives notice that she expects to be confined or at the rate or Rupee one only a day whichever is greater.

(ii) In the case of miscarriage � leave pay at the rate of average daily earning calculated on the total wages earned on the days when full time work was done during a period of three months immediately preceding the date of such miscarriage.

3. Conditions for the grant of Maternity leave: No maternity leave benefit shall be admissible to a woman unless she has been employed for a total period of not less than six months immediately preceding the date on which she proceeds on leave. 4. The contractor shall maintain a register of Maternity (Benefit) in the Prescribed from as shown in

Annexure I and II, and the same shall be kept at the place of work. CLAUSE 19G: BREACH OF PROVISIONS OF CONTRACTOR�S LABOUR REGULATIONS AND MODEL RULES: In the event of the contractor (s) committing a default or breach of any of the provisions of the Contractor�s Labour Regulations and Model Rules for the protection of health and sanitary

arrangements for the workers as amended from time to time or furnishing any information or submitting or filing any statement under the provisions of the above Regulations and Rules which is materially incorrect, he / they shall without prejudice to any other liability, pay to the Corporation a sum not exceeding Rs.200/= for every default, breach of furnishing, making, submitting, filing such materially incorrect statements and in the event of the contractor(s) defaulting continuously in this respect, the penalty may be enhanced to Rs.200/= per day for each day of default subject to a maximum of 5 per cent of the estimated cost of the work put to tender. The decision of the Engineer-in-Charge shall be final and binding on the parties. Should it appear to the Engineer-in-Charge that the contractor(s) is / are not properly observing and complying with the provisions of Contractor�s Labour Regulations and Model Rules and the provisions

of the Contract Labour (Regulation and Abolition) Act, 1970, and the Contract Labour (R&A) Central Rules, 1971, for the protection of health and sanitary arrangements for work-people employed by the contractor(s) (hereinafter referred as �the said Rules�) the Engineer-in-Charge shall have power to give notice in writing to the contractor(s) requiring that the said Rules be complied with and the amenities prescribed therein be provided to the work-people within a reasonable time to be specified in the notice. If the contractor (s) shall fail within the period specified in the notice to comply with and observe the said rules and to provide the amenities to the work-people as aforesaid, the Engineer-in-Charge shall have the power to provide the amenities hereinbefore mentioned at the cost of the contractors(s). The contractor(s) shall erect, make and maintain at his / their own expense and to approved standards all necessary huts and sanitary arrangements required for his / their work-people on the site in connection with the execution of the works, and if the same shall not have been erected or constructed, according to approved standards, the Engineer-in-Charge shall have power to give notice in writing to the contractor(s) requiring that the said huts and sanitary arrangements be re-modeled and / or reconstructed according to approved standards, and if the contractor(s) shall fail to remodel or reconstruct such huts and sanitary arrangements according to approved standards within the period specified in the notice, the Engineer-in-charge shall have the power to remodel or reconstruct such huts and sanitary arrangements according to approved standards at the cost of the contractor(s).




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CLAUSE 19 H: The contractor (s) shall at his / their own cost provide his / their labour with sufficient number of huts (hereinafter referred to as the camp) of the following specifications on a suitable plot of land to be approved by the Engineer-in-Charge: (i) (a) The minimum height of each hut at the eye level shall be 2.10m (7 ft) and the floor area to

be provided will be at the rate of 2.7 Sq.m (30 Sq.ft.) for each member of the worker�s family staying with the labourer. (b) The contractor (s) shall in addition construct suitable cooking places having a

minimum area of 1.80m x 1.50m (6� x 5�) adjacent to the hut for each family. (c) The contractor(s) shall also construct temporary latrines and urinals for the use of the labourer each on the scale of not less than four per each one hundred of the total strength, separate latrines and urinals being provided for women.

(d) The contractor(s) shall construct sufficient number of bathing and washing places, one unit for every 25 persons residing in camp. These bathing and washing places shall be suitably screened.

(ii) All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar or other suitable local materials as may be approved by the Engineer-in-Charge.

a) In case of sun-dried bricks, the walls should be plastered with mud gobri on both sides. The floor may be kutcha but plastered with mud gobri and shall be at least 15cm (6�) above the

surrounding ground. The roofs shall be laid with thatched or any other materials as may be approved by the Engineer-in-Charge and the contractor shall ensure that throughout the period of their occupation the roofs remain water-tight.

b) The contractor (s) shall provide each hut with proper ventilation. c) All doors, windows, and ventilators shall be provided with suitable leaves for security

purposes. d) There shall be kept an open space of at least 7.2m (8 yards) between the row of huts which

may be reduced to 6m (20 ft.) according to the availability of site with the approval of the Engineer-in-Charge. Back to back construction will be allowed.

(iii) WATER SUPPLY: The contractor(s) shall provide adequate supply of water for the use of labourers. The provisions shall not be less than two gallons of pure and wholesome water per head per day for drinking purposes and three gallons of clean water per head per day for bathing and washing purposes. Where piped water supply is available, supply shall be at stand posts and where the supply is from wells or river, tanks which may be of metal or masonry, shall be provided. The contractor(s) shall also at his / their own cost make arrangements for laying pipe lines for water supply to his / their labour camp from the existing mains wherever available, and shall pay all fees and charges therefore. (iv) The site selected for the camp shall be high ground, removed from jungle. (v) DISPOSAL OF EXCRETA: The contractor(s) shall make necessary arrangements for the disposal of excreta from the latrines by trenching or incineration which shall be according to the requirements laid down by the Local Health Authorities. If trenching or incineration is not allowed, the contractor (s) shall make arrangements for the removal of the excreta through the Municipal Committee / authority and inform about the number of labourers employed so that arrangements may be made by such Committee / authority for the removal of the excreta. All charges on this account shall be borne by the contractor and paid direct by him to the Municipality / Authority. The contractor shall provide one sweeper for every eight seats in case of dry system. (vi) DRAINAGE: The contractor(s) shall provide efficient arrangements for draining away sewerage water so as to keep the camp neat and tidy. (vii) The contractor (s) shall make necessary arrangements for keeping the camp area sufficiently lighted to avoid accidents to the workers. (viii) SANITATION: The contractor (s) shall make arrangements for conservancy and sanitation in the labour camps according to the rules of the Local Public Health and Medical Authorities. The contractor shall also comply with the following provision for the protection of health and sanitary arrangements for workers employed by him. �Work place� means a place at which at an average 50 or less workers are employed in connection

with construction work.




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�Large work place� means a place at which at an average more than 50 workers are employed in

connection with construction work. 3. FIRST AID: (a) At every work place, there shall be maintained in a readily accessible place first aid

appliance including an adequate supply of sterilized dressings and sterilize cotton wool at the cost of contractor. The appliances shall be kept in good order and, in large work place they shall be placed under the charge of responsible person who will be readily available during working hours.

(b) At large work places where hospital facilities are not available within easy distance of the works, First Aid posts shall be established and be run by a trained compounder.

(c) Where large work places are remote form regular hospital an indoor ward shall be provided with one bed for every 250 employees.

(d) Where large work places are situated in cities, towns or in their suburbs and no bed is considered necessary owing to the proximity of city or town hospitals, suitable transport shall be provided to facilitate removal of urgent case to the hospitals. At other work places some conveyance facilities, such as a car, shall be kept readily available to take injured person or persons suddenly taken seriously ill to the nearest hospital.

4. DRINKING WATER FOR LABOURS:

(a) In every work place, there shall be provided and maintained at suitable places, easily accessible to labour, a sufficient supply of cold water fit for drinking at the cost of contractor.

(b) Where drinking water is obtained from an intermittent public water supply, each work place shall be provided with storage where such drinking water shall be stored.

(c) Every water supply or storage shall be a distance of not less than 15.24 M from any latrine, drain or other source of pollution. Where water has to be drawn from an existing well which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn from it for drinking. All such wells shall be entirely closed in and be provided with a trap-door which shall be dust and waterproof.

(d) A reliable pump shall be fitted to each covered well, the trap-door shall be kept locked and opened only for cleaning or inspection which shall be done at lest once a month.

5. WASHING AND BATHING PLACES: i.Adequate washing and bathing places shall be provided, separately for men and women

at the cost of contractor. ii. Such places shall be kept in clean and drained condition.

6. SCALE OF ACCOMMODATIONIN LATRINES AND URINALS: There shall be provided within the precincts of every work place latrines and urinals in an accessible place and the accommodation, separately for each of them, shall not be less than the following scale. Sr.No. Description No.of seats a Where the number of persons does not exceed 50 2 b Where the number of persons exceeds 50, but does not exceed 100 3 c For every additional 100 3 per 100 In particular cases, the Executive Engineer (Civil) shall have the power to vary the scale, where necessary. 7. LATRINES AND URINALS FOR WOMEN: If women are employed, separate latrines and urinals, screened from those for men and marked in the vernacular in conspicuous letters �For Women only�

shall be provided on the scale laid in Rule 6. Those for men shall be similarly marked �For men only� A

poster showing the figure of a man and a woman shall be exhibited at the entrance of latrines for each sex. There shall be adequate supply of water close to the urinals and latrines. 8. LATRINES AND URINALS : Except in work places provided with water flushed latrines connected with a water-borne sewerage system, all latrines shall be provided with receptacles on dry earth system which shall be cleaned at lest four times daily and at least twice during working hours and kept




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in a strictly sanitary condition. The receptacles shall be tarred inside and out side at least once a year. 9. CONSTRUCTION OF LATRINES: The inside walls shall be constructed of masonry or some suitable heat-resisting non-absorbent material and shall be cement washed inside and outside at least once a year. The dates of cement washing shall be noted in a register maintained for this purpose and kept available for inspection. Latrines will not be of standard lower than bore-hole system and should have thatched roofs. 10. DISPOSAL OF EXCRETA: Unless otherwise arranged for by the local sanitary authority, arrangements for proper disposal of excreta by incineration at the work place shall be made by means of a suitable incinerator approved by the Assistant Director of Public Health or the Municipal Medical Officer of Health as the case may be in whose jurisdiction the work place is situated. Alternatively, excreta may be disposed of by putting a layer of night-soil at the bottom of pucca tank prepared for the purpose and covering it up with a layer of earth for a fortnight (when it will turn into manure) 11. PROVISION OF SHELTERS DURING REST: At ever work place there shall be provided free of cost, two suitable sheds one for meals and the other for rest separately for men an women for the use of labour. The height of the shelter shall not be less than 3.35M from the floor level to the lowest part of the roof. The sheds should be roofed with alertest thatch and sheds should be kept clean and the space should be or the basis of at lest 0.465 Sqm. Per head. 12 CRECHES : (a) At every work place, at which 50 or more women workers are ordinarily employed, there shall be

provided two huts for the use of children under the age of 6 years, belonging to such women at the cost of contractor. On hut shall be used for infants� games an play and the other as their bed

room. The huts shall not be constructed on a lower standard than the following : (i) thatched roofs; (ii) mud floors and walls; (iii) Planks spread over the mud floor and covered with matting. The huts shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the places clean. There shall be two days in attendance. Sanitary utensils shall be provided to the satisfaction of the Health Officer of the area concerned. The use of the hut shall be restricted to children, their attendants and mothers of the children.

(b) Where the number of women workers is more than 25 but less than 50 the contractor shall provide at least one hut and one day to look after the children of women workers.

(c) The size of crèche or crèches shall vary according to number of women workers. (d) The crèches or crèches shall be properly maintained and necessary equipment like toys etc. shall

be provided. 13 CANTEEN: A cooked food canteen on a moderate scale shall be provided for the benefit of

workers where it is considered expedient. CLAUSE 19I : The Engineer-in-Charge may require the contractor to dismiss or remove from the site of the work any person or persons in the contractor�s employ upon the work who may be incompetent

or misconduct himself and the contractor shall forthwith comply with such requirements. CLAUSE 19J : It shall be the responsibility of the contractor to see that the building under construction is not occupied by any body unauthorized during construction, and is handed over to the Engineer-in-Charge with vacant possession of complete building. If such building though completed is occupied illegally, then the Engineer-in-Charge shall have the option to refuse to accept the said building / buildings in that position. Any delay in acceptance on this account will be treated as the delay in completion and for such delay a levy up to 5% of tendered value of work may be imposed by the Superintending Engineer whose decision shall be final both with regard to the justification and quantum and be binding on the contractor. However, the Superintending Engineer, through a notice, may require the contractor to remove the illegal occupation any time on or before construction and delivery. CLAUSE 20: MINIMUM WAGES ACT TO BE COMPLIED WITH: The contractor shall comply with all the provisions of the Minimum Wages Act, 1948, and Contract Labour (Regulation and Abolition) Act, 1970, amended from time to time and rules framed there under




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and other labour laws affecting contract labour that may be brought into force from time to time. CLAUSE 21: CONTRACT MAY BE RESCINDED AND SECURITY DEPOSIT FORFEITED

FOR SUBLETTING, BRIBING OR CONTRACTOR BECOMES INSOLVENT The contract shall not be assigned or sublet without the (previous) approval of the Project Manager / Engineer-in-Charge in Writing. And if the contractor shall assign or sublet his contract, or attempt to do so, or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or if any bribe, gratuity, gift, loan, perquisite reward of advantage, pecuniary or otherwise, shall either directly or indirectly be given promised, or offered by the contractor, or any office servants or agents to any public officer or person in the employee of corporation in any way relating to his office interested in the contract the Project Manager / Engineer-in-Charge on behalf of the corporation shall have power to adopt any of the courses specified in Clause 3 as he may deem best suited in the interest of the corporation. In the event of any of these courses being adopted the consequences specified in the said Clause 3 shall ensure. CLAUSE 22: SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS REASONABLE COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS: All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of the Corporation without reference to the actual loss or damage sustained, and whether or not any damage shall have been sustained. CLAUSE 23: CHANGES IN FIRM�S CONSTITUTION TO BE INTIMATED: Where the contractor is a partnership firm, the previous approval in writing of the Engineer-in-Charge shall be obtained before any change is made in the constitution of the firm. Where the contractor is an individual al or a Hindu undivided family business concern such approval as aforesaid shall likewise be obtained before the contractor enters into any partnership agreement where under the partnership firm would have the right to carry out the works hereby undertaken by the contractor. If previous approval aforesaid is not obtained, the contractor shall be deemed to have been assigned in contravention of clause 21 hereof and the same action may be taken, and the same consequences shall ensue as provided in the said clause 21. CLAUSE 24: WORKS TO BE UNDER DIRECTION OF ENGINEER IN-CHARGE: All the works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Engineer-in-Charge who shall be entitled to direct at what point or points and in what manner they are to be commenced, and from time to time carried on. CLAUSE 25: ARBITRATION CLAUSE 25.1 Resolution of disputes through conciliation by OEC (Not applicable in cases valuing less than Rs. 5 lakhs):

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 which parties are unable to settle mutually, the same may first be preferred to conciliation through Outside Expert Committee (�OEC�) to be constituted by CMD, ONGC as provided hereunder:

25.1.1.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 resolution through 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 party concerned shall not raise any new issue




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thereafter.

25.1.2 CMD, ONGC shall nominate three outside experts, one each from Financial/commercial, Technical and Legal fields from the Panel of Outside experts maintained by ONGC who shall together be referred to as OEC ( Outside Expert Committee).

25.1.3 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 by either party for the period from the date of notice invoking conciliation till the date of OEC recommendations in any further proceeding.

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

25.1.5 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. Parties shall be at liberty to accept the OEC recommendation with any modification they may deem fit.

25.1.6 Where recommendations are acceptable to both the parties, a settlement agreement will be drawn up in terms of the OEC recommendations or with such modifications as may be agreed upon by the parties. The settlement agreement shall be signed by both the parties and authenticated by all the OEC members either 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 on the substance of the dispute rendered by an arbitral tribunal under section 30 of the Arbitration and Conciliation Act, 1996.

25.1.7 The parties shall keep confidential all matters relating to the conciliation proceedings. Confidentiality shall also extend to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.

25.1.8 The parties shall not rely upon or introduce as evidence in any further arbitral and judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings,

(a) Views expressed or suggestions made by the other party in respect of 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




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settlement made by the OEC.

25.1.9 The parties shall represent their case before OEC only through their in-house executives. Neither party shall be represented by a lawyer unless OEC specifically desires that some issue of legal nature is in dispute that needs to be clarified/ interpreted by a lawyer.

25.1.10 OEC members shall be entitled for the following fees and facilities:

Sl.No.

Fees/Facility Entitlement To be paid by

1.

Fees

Rs.10,000 per meeting subject to maximum of Rs.1,00,000 for the whole case.In addition, one OEC member chosen by OEC shall be paid an additional amount of Rs.10,000 towards secretarial expenses in writing minutes/OEC recommendations.

claimant

2. Additional Fee for attending meeting to authenticate the settlement agreement

Rs.10,000/- Claimant

3 Transportation in the city of the meeting

Luxury car or Rs.1,500/- per day. Claimant

4. Venue for meeting

ONGC conference rooms/ Hotels ONGC

Facilities to be provided to the out-stationed member

5. Travel from the city of residence to the city of meeting

Business class air tickets/ first class train tickets/ Luxury car / reimbursement of actual fare. However, entitlement of air travel by Business class shall be subject to austerity measures, if any ordered by Govt of India.

Claimant

6. Transport to Luxury car or Rs.2,000/- Claimant




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and fro airport / railway station in the city of residence

7 Stay for out stationed members

5 Star Hotel. ONGC

8 Transport in the city of meeting

Luxury car or Rs. 1500 per day Claimant

25.1.11 All the expenditure incurred in the OEC proceedings shall be shared by the parties in equal proportion. The parties shall maintain account of expenditure and present to the other for the purpose of sharing on conclusion of the OEC proceedings.

25.1.12 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 in the contract.

25.2 Arbitration (Applicable in case of supply order / contracts with firms, other than Public Sector Enterprises) (Not applicable in cases valuing less than Rs. 5 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 which parties are unable to settle mutually, the same shall be referred to Arbitration as provided hereunder:

25.2.1 A party wishing to commence arbitration proceeding shall invoke Arbitration Clause by giving 60 days notice to the other party. The notice invoking arbitration shall specify all the points of disputes with details of the amount claimed to be referred 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 Indian Rupee for the purpose of constitution of the arbitral tribunal.

25.2.2 The number of the arbitrators and the appointing authority will be as under: Claim amount (excluding claim for interest and counter claim, if any)

Number of arbitrators Appointing authority

Upto Rs. 50 lakhs Sole Arbitrator to be appointed from a panel of retired officers from

ONGC(Note:- ONGC will forward a list containing names of five retired officers




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ONGC/other PSU/Non-PSU organisations

from ONGC/other PSU/Non-PSU organizations for selecting one from the list who will be appointed as sole arbitrator by ONGC)

Above Rs.50 lakhs to Rs. 5 Crores

Sole Arbitrator to be appointed from a panel of retired Jurists

ONGC (Note: ONGC will forward a list containing names of five jurists to the other party for selecting one from the list who will be appointed as sole arbitrator by ONGC)

Above Rs. 5 Crores 3 Arbitrators One arbitrator by each party and the 3rd arbitrator, who shall be the presiding arbitrator, by the two arbitrators. ONGC will appoint its arbitrator from the panel of jurists.

25.2.3 The parties agree that they shall appoint only those persons as arbitrators who accept the conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the conditions of this arbitration clause.

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

25.2.5 If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party/arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same; otherwise, he shall proceed de novo.

25.2.6 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 interest made by any party shall be void.

25.2.7 The arbitral tribunal shall make and publish the award within time stipulated as under:

Amount of Claims and Counter Claims (excluding interest)

Period for making and publishing of the award (counted from the date of first meeting of the arbitrators):

Upto Rs. 5 Crore Within 8 months

Above Rs. 5 Crore Within 12 months




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

25.2.8. Arbitrators shall be paid fees at the following rates: Amount of Claims and Lump sum fees (including fees for study of

pleadings, case Counter Claims material, writing of the award, secretarial charges etc.) (excluding interest) payable to each arbitrator

(to be shared equally by the parties)

Upto Rs 50 lac Rs. 10,000 per meeting subject to a ceiling of Rs. 1,00,000/-

Above Rs 50 lac to Rs 1 Rs. 1,35,000/- plus Rs. 1,800- per lakh or a part there of

crore part thereof subject to a ceiling of Rs.2,25,000/-

Above Rs. 1 Crore and Rs. 2,25,000/- plus Rs. 33,750/- per crore or a part there of

upto Rs. 5 Crores a part thereof subject to a ceiling of Rs. 3,60,000/-

Above Rs. 5 Crores and Rs. 3,60,000/- plus Rs. 22,500/- per crore or a part there of

upto Rs. 10 Crores. A part thereof subject to a ceiling of Rs. 4,72,500/-

Above Rs. 10 crores Rs. 4,72, 500/- plus Rs. 18,000/- per crore or part thereof

Part thereof subject to a ceiling of Rs. 15,00,000/-

25.2.9 If after commencement of the Arbitration proceedings, the parties agree to settle the 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 mutual settlement of dispute by the parties, the fees payable to the arbitrators shall be determined as under:

(i) 25 % 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..

25.2.10 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 claims. (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.

25.2.11 Each party shall be responsible to make arrangements for the travel and stay etc 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.




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

25.2.12 The Arbitration shall be held at the place from where the contract has been awarded. However, parties to the contract can agree for a different place for the convenience of all concerned.

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

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

25.3 (Applicable in case of CONTRACT on Public Sector Enterprises) In the event of any dispute or difference relating to, arising from or connected with the CONTRACT, such dispute or difference shall be referred by either party to the arbitration of one of the Arbitrators in the Department of Public Enterprises, to be nominated by the Secretary to the Government of India, In-charge of the Bureau of Public Enterprises. The Arbitration and Conciliation Act 1996 shall not be applicable to the Arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Deptt. of Legal Affairs, Ministry of Law and Justice, Government of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary, whose decision shall bind the parties finally and conclusively. The parties in the dispute will share equally the cost of the arbitration as intimated by the Arbitrator. CLAUSE 26: CONTRACTOR TO INDEMNITY GOVT. AGAINST PATENT RIGHTS The contractor shall fully indemnify and keep indemnified the behalf of Corporation against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect of any article or part thereof included in the contract. In the event of any claims made under or action brought against Corporation in respect of any such mattes as aforesaid the contractor shall be immediately notified thereof and the contractor shall be at liberty, at his own expense, to settle any dispute or to conduct any litigation that may arise there from , provided that the contractor shall not be liable to indemnify the behalf of Corporation if the infringement of the patent or design or any alleged patent or design right is the direct result of any order passed by the Engineer-in-Charge in this behalf. CLAUSE 27: LUMP SUM PROVISIONS IN TENDER: When the estimate on which a tender is made includes lump sum in respect of parts of the work, the contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates as are payable under this contract for such items, or if the part of the work in question is not, in the opinion of the Engineer-in-Charge payable of measurement, the Engineer-in-Charge may at his discretion pay the lump sum amount entered in the estimate, and the certificate in writing of the Engineer-in-Charge shall be final and conclusive against the contractor with regard to any sum or sums payable to him under the provisions of the clause. CLAUSE 28: ACTION WHERE NO SPECIFICATIONS ARE SPECIFIED: In the case of any class of work for which there is no such specifications as referred to in clause 11,




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such work shall be carried out in accordance with the Bureau of Indian Standards Specifications. In case there are no such specifications in Bureau of Indian standards, the work shall be carried out as per manufacturers� specifications, if not available then as per District Specifications. In case there are no such specifications as required above, the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-in-Charge. CLAUSE 29: WITH�HOLDING AND LIEN IN RESPECT OF SUMS DUE FROM CONTRACTOR: (i) Whenever any claim or claims for payment of a sum of money arises out of or under the contract or against the contractor, the Engineer-in-charge or the Corporation shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any, deposited by the contractor and for the purpose aforesaid, the Engineer-in-Charge or the Corporation shall be entailed to withhold the security deposit, if any, furnished as the case may be and also have a lien over the same pending finalization or adjudication of any such claim. In the event of the security being in sufficient to cover the claim amount or amounts or if no security has been taken from the contractor, the Engineer �in-Charge or the corporation shall be entitled to withhold and have a lien to retain to the extent of such claimed amount or amounts referred to above, from any sum or sums found payable or which may at any time thereafter become payable to the contractor under the same contract or any other contract with Engineer-in-Charge of the Corporation or any contracting person through the Engineer-in-Charge pending finalization or adjudication of any such claim. It is an agreed term of the contract that the sum of money or moneys so withheld or retained under the lien referred to above by the Engineer-in-Charge of Corporation will be kept withheld or retained as such by the Engineer-in-Charge or Corporation till the claim arising out of or under the contract is determined by the arbitrator (If the contract is governed by the arbitration clause) by the competent court, as the case may be, and that the contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to above and duly notified as such to the contractor, for the purpose of this clause, where the contractor is a partnership firm or a limited company, the Engineer-in-Charge or the Corporation shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner / limited company, as the case may be, whether in his individual capacity or otherwise. (ii) Corporation shall have the right cause an audit and technical examination of the works and the final bills of the contractor including all supporting vouchers, abstract, etc., to be made after payment of the final bill and if as result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed to have been done by him under the contract and found not to have been executed, the contractor shall be liable to refund the amount of over payment and it shall be lawful for corporation to recover the same from him in the manner prescribed in sub-clause (i) of this clause or in any other manner legally permissible; and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by Corporation to the Contractor, without any interest thereon whatsoever : Provide that the Corporation shall not be entitled to recover any sum overpaid, nor the contractor shall be entitled to payment of any sum paid short where such payment has been agreed upon between the Superintending Engineer or Executive Engineer on the one hand and the contractor on the other under any term of the contractor permitting payment for work after assessment by the Superintending Engineer or the Executive Engineer. CLAUSE 30: LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS: Any sum of money due and payable to the contractor (including the security deposit returnable to him) under the contract may be withheld or retained by way of lien by the Engineer-in-Charge or the Corporation or any other contracting person or persons through Engineer-in-Charge against any claim of the Engineer-in-Charge or Corporation or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the contractor with the Engineer-in-Charge or the corporation with such other person or persons. It is an agreed term of the contract that the sum of money so withheld or retained under this clause by the Engineer-in-Charge or the Corporation will be kept withheld or retained as such by the Engineer-




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in-Charge or the Corporation or till his claim arising other of the same contract or any other contract is either mutually settled or determined by the arbitration clause or by the competent court, as the case may be, and that the contractor shall have no claim for interest or damages whatsoever on this account or on any other ground in respect of any sum of money withheld or retained under this clause and duly notified as such to the contractor. CLAUSE 31: UNFILTERED WATER SUPPLY: CLAUSE 31A:The contractor (s) shall make his /their own arrangements for water required for the

work and nothing extra will be paid for the same. This will be subject to the following conditions:

i. That the water used by the contractor(s) shall be fit for construction purposes to the satisfaction of the Engineer-in-Charge.

ii. The Engineer-in-Charge shall made alternative arrangements for supply of water at the risk and cost of contractor(s) if the arrangements made by the contractor(s) for procurement of water are in the opinion of the Engineer-in-Charge is not fit for construction.

OR CLAUSE 31B: DEPARTMENTALLY WATER SUPPLY, IF AVAILABLE: Water if available may be supplied to the contractor by the department Subject to the following conditions: (i) That water charges @ 1% shall be recovered on gross amount of the work done. (ii) The contractor (s) shall make his / their own arrangement of water connection and laying of pipelines from existing main of source of supply. (iii) The Department do not guarantee to maintain uninterrupted supply of water and it will be incumbent on the contractor(s) to make alternative arrangements for water at his / their own cost in the event of any temporary break down in the corporation water main so that the progress of his / their work is not held up for want of water. No claim of damage or refund of water charges will be entertained on account of such break down. CLAUSE 32: ALTERNATE WATER ARRANGEMENTS: (i) Where there is no piped water supply arrangement and the water is taken by the contractor from the wells or hand pump constructed by the Corporation no charge shall be recovered from the contractor on that account. The contractor shall, however, draw water at such hours of the day that it does not interfere with the normal use for which the hand pumps and wells are intended. He will also be responsible for all damage and abnormal repairs arising out of his use, the cost of which shall be recoverable from him. The Engineer-in-Charge shall be the final authority to determine the cost recoverable from the contractor on this account and his decision shall be binding on the contractor. (ii) The contractor shall be allowed to construct temporary wells in Corporation land for taking water for construction purposes only after he has got permission of the Engineer-in charge in writing. No charges shall be recovered from the contractor on this account, but the contractor shall be required to provide necessary safety arrangements to avoid any accidents or damage to adjacent buildings, roads and service lines. He shall be responsible for any accidents or damage cause due to construction and subsequent maintenance of the wells and shall restore the ground to its original condition after the wells are dismantled on completion of the work. CLAUSE 33: RETURN OF SURPLUS MATERIALS: Notwithstanding anything contained to the contrary in this contract, where any materials for the execution of the contract are procured with the assistance of Corporation either by issue from corporation stocks or purchase made under orders or permits or licenses issued by corporation the contractor shall hold the said materials economically and solely for the purpose of the contract and not dispose of them without the written permission of the corporation and return, it required by the Engineer-in-Charge, all surplus of unserviceable materials that may be let with him after the completion of the contract or at its termination for any reason whatsoever on being paid or credited such price as the Engineer-in-Charge shall determine having due regard to the condition of the materials. The price allowed to the contractor however shall not exceed the amount charged to him excluding the element of storage charges. The decision of the Engineer-in-Charge shall be final and




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conclusive. In the event of breach of the aforesaid condition the contractor shall in addition to throwing himself open to action for contravention of the terms of the license or permit and / or for criminal breach of trust, be liable to Corporation for all moneys, advantages or profits resulting or which in the usual course would have resulted to him by reason of such breach.

CLAUSE 34: The contractor shall employ the following technical staff during the execution of this work:-

i) One Graduate Engineer when the cost of work to be executed is more than Rs.25 lakhs.

ii) One qualified Diploma Holder in Civil Engineering when the cost of work to be executed is more than Rs.15 lakhs but less than Rs.25 lakhs.

The technical staff should be available at site, whenever required by the Project Manager / Engineer-in-Charge, to take instructions. In case the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a sum of Rs.15, 000/- for each month of default in the case of Graduate Engineers and Rs.10, 000/- for each month of default in the case of Diploma Holder. iii) Works up to Rs.15 Lakhs an authorized representative of the Agency to

be made available at site to take the instructions from time to time. iv) For the works like Misc. Civil Works, Post rig building works, minor repair and

maintenance job and water supply works only authorized representative of the Agency to be made available at site to take the instructions from time to time irrespective of amount of work.

CLAUSE 35: TAXES i) Sales tax / VAT or any other tax on materials in respect of this contract shall

be payable by contractor and corporation shall not entertain any claim whatsoever in this respect.

ii) If pursuant to or under any law such notification or order. In any royalty cess fee or the like becomes payable by the Corporation and does not at any time become payable by the contractor to state government/Local authorities in respect of any material used it will have rights and be entitled to recover the amount paid in the circumstances as aforesaid, from the dues of the contractor.

iii) In accordance with the Service Tax (Determination of value) Rules 2006, Service Tax shall be payable on 40% of the total amount charged for works contact. Liability to pay service tax: a) If Service Provider (Contractor) is a company registered under Companies

act 1956,then service tax shall be paid by the service provider i.e., Contractor.

b) If service provider is an individual, HUF, Partnership Firm whether registered or not, including association of persons, then both contractor (service provider) and ONGC (Service Receiver) has to discharge service tax equally i.e., 50% of the total tax payable.It may be noted that if the service provider is �association of persons�,then also ONGC as the

Service Receipient has to pay 50% of the service tax payable.If service




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provider is an individual, HUF, Partnership Firm whether registered or not, including association of persons, then both contractor (service provider) and ONGC (Service Receiver) has to discharge service tax equally i.e., 50% of the total tax payable.It may be noted that if the service provider is �association of persons�,then also ONGC as the Service Receipient has to

pay 50% of the service tax payable.

c) The �Person� in case of �Association of persons� may be (i) an individual (ii)

a Hindu undivided family, (iii) a company (iv) a society, (v) a limited liability partnership, (vi) a firm, (vii) an asdsociation of person or body of individuals, whether incorporated or not ,(viii) Government.

Service Tax paid by the Contractor as per above liability shall be reimbursed as per actuals after payment of service tax to the authorities and submission of receipt to ONGC. ONGC shall not be liable for any sort of penalty laid by Tax Department on account of default in Service Tax Payment by the Contractor.

CLAUSE 36: CHANGE IN LAW: 36.1 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 State Government(s) or Public Body which becomes effective after the date of submission of Price Bid or revised price bid, if any, for this CONTRACT and which results in increased cost of the works under the CONTRACT through increased liability of taxes, (other than personnel taxes), duties, the CONTRACTOR shall be indemnified for any such increased cost by the CORPORATION subject to the production of documentary proof to the satisfaction of the CORPORATION to the extent which directly is attributable to such introduction of new legislation or change or amendment as mentioned above and adjudication by the competent authority & the courts wherever levy of such taxes / duties are disputed by CORPORATION. 36.2 Similarly, in the event of introduction of new legislation or any change or amendment or enforcement of any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body which becomes effective after the date of submission of Price Bid or revised price bid, if any, for this CONTRACT and which results in any decrease in the cost of the works through reduced liability of taxes, (other than personnel taxes) duties, the CONTRACTOR shall pass on the benefits of such reduced cost, taxes or duties to the CORPORATION, to the extent which is directly attributable to such introduction of new legislation or change or amendment as mentioned above. 36.3 All duties, taxes (except where otherwise expressly provided in the Contract) as may be levied / imposed in consequences of execution of the Works/Services or in relation thereto or in connection therewith as per the Acts, Laws, Rules, Regulations in force on the date of submission of Price Bid or revised price bid, if any, for the this CONTRACT shall be to CONTRACTOR�s account. Any increase /

decrease in the net amount of such duties, taxes (i.e. the amount of taxes/duties payable minus eligible credit of taxes / duties paid on input services / input) after the date of submission of price bid or revised price bid, if any, but within the contractual completion date as stipulated in the CONTRACT will be to the account of CORPORATION. 36.4 Any increase in net amount of the duties and taxes (i.e. the amount of taxes/duties payable minus eligible credit of taxes / duties paid on input services / inputs) after the contractual completion date during the extended period will be to the contractor�s account, where delay in completion




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/mobilization period is attributable to the CONTRACTOR. However, any decrease in net amount of the duties and taxes (i.e. the amount of taxes/duties payable minus eligible credit of taxes / duties paid on input services / inputs) after the contractual completion date will be to CORPORATION�s account. 36.5 The Contract Price and other prices given in the Schedule of Prices are based on the applicable tariff as indicated by the CONTRACTOR in the Schedule of Prices. In case this information subsequently proves to be wrong, incorrect or misleading, CORPORATION will have no liability to reimburse/pay to the CONTRACTOR the excess duties, taxes, fees, if any finally levied / imposed by the concerned authorities. However, in such an event, CORPORATION will have the right to recover the difference in case the rate of duty/tax finally assessed is on the lower side. 36.6 Notwithstanding the provision contained in clauses 36.1 to 36.4 above, the CORPORATION shall not bear any liability in respect of :

(i) Personal taxes on the personnel deployed by CONTRACTOR, his sub-contractor / sub-sub contractors and Agents etc.

(ii) Corporate taxes in respect of contractor and all of their sub-contractors, agents etc.

Clause 37 : DEDUCTIONS: -

1. All payments to CONTRACTOR shall be subject to deductions of tax at source under Income Tax Act, Sales Tax Act and other taxes and deductions as provided for under any law, rule or regulation.

2. All costs, damages or expenses which ONGC may have paid or incurred, for which under the provisions of the CONTRACT, CONTRACTOR is liable, the same shall be deducted by ONGC from any dues to CONTRACTOR.

3. All payments to CONTRACTOR shall be made after making necessary deductions as per terms of the contract, including recovery of mobilization advance, if any, any recoveries towards facilities, if any, provided by ONGC to CONTRACTOR on chargeable basis.

CLAUSE 38: TERMINATION OF CONTRACT ON THE DEATH OF CONTRACTOR:

Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the Engineer-in-Charge on behalf of the Corporation shall have the option of terminating the contract without compensation to the contractor.

CLAUSE 39: The contractor shall not be permitted in tender for works in the corporation if his near relative is posted as an officer in any capacity between the grade of the Superintending Engineer and Asstt. Ex. Engineer (both inclusive). He shall also intimate the name of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any officer. Any breach of this condition by the contractor of this Department.

By the term �near relative� is meant wife, husband, parents and grand parents children and grand children, brothers and sister, uncles and cousins and their corresponding in laws.

CLAUSE 40: GAZETTED OFFICER: No Engineer of Gazetted rank or any other Gazetted office employed in Engineering or Administrative duties in an Engineering Department of the Government of India, Corporation is allowed to work as a contractor for a period of two years of his retirement form Government of India Corporation Service without the previous permission of Government of India or the Corporation. If the either the contractor or any of his employee is found at any time before submission of the render or engagement in contractor�s service or during execution of contract to be

such a person who has not obtained the permission of Govt. of India to Corporation as aforesaid, the Engineer-in-Charge or the corporation shall be entitled to terminate the contract without any liability whatsoever on its part.




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CLAUSE 41: ISSUE OF RETURN OF MATERIALS: (i) the contractor shall, see that only the required quantities of materials are got issued. Any such materials remaining unused and in perfectly good condition at the time of completion or termination of the contract shall be returned to the Engineer-in-Charge at a place where directed by him, if by notice in writing under his hand, he shall so require Credit for such material will be given at the prevailing market rate not exceeding the amount charged from him excluding the storage charges levied at the time of issue of materials to him. The contractor shall also not be entitled to cartage and incidental charges for returning the surplus materials from and to the stores wherefrom they were issued.

CALCULATION OF CEMENT

(ii) After the completion of the work, theoretical quantity of cement to be used on work shall be calculated on the basis of standard formula as may be in force in the Central P.W.D over this theoretical quantity of cement shall be allowed a variation up 5% plus / minus for works the estimated cost of which as put to tender is not more than Rs.2 lakhs; up to 4% plus / minus for works the estimated cost of which put to tender is more than Rs.2 lakhs but upto Rs.5 lakhs and upto 3% plus / minus for works the estimated cost for which put to tender is above Rs. 5 Lakhs. The difference in the quantity of cement actually used by the contractor and the theoretical quantity including authorized variations, shall be recovered a twice the issue rate without prejudice to the provision of the relevant conditions governing the contract is the event of it being discovered that the quantity of cement used is less than the quantity ascertained as here in before provided allowing variations on the minus side as stipulated above the cost of quantity of the cement not so used shall be recovered form the contractor on the basis of stipulated rate including cartage to site.

(iii) The provisions of the foregoing sub clause shall apply in the case of steel reinforcement or structural steel sections except that the theoretical quantity of steel shall be taken as the quantity required as per design or as authorized by the Engineer-in-Charge, including authorized lapses, plus 5% wastage due to cutting into pieces Over this theoretical quantity plus 5% and minus 4% shall be allowed as variation due to wastage being more or less.

(iv) The provisions made above are without prejudice to the right of corporation to take action against the contractor under the conditions of the contract for not doing the work according to the prescribed specification.

CLAUSE 42: SAFETY PROVISIONS CODE:

The contractor shall comply with the provisions regarding safety hereinafter contained including statutory run regulations etc. in force. He shall further conform to the provisions of any state relating to the works and regulations and bye-laws of any local authority. He shall be further bound to give all notices required by statute, regulation or bye-in as aforesaid and pay all fees and taxes to any authority in respect thereof.

(i) Suitable scaffolds should be provided for workmen for all works cannot safely be done from the ground, or from solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable footholds and handholds shall be provide on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1 (1/4 horizontal and 1vertical).

(ii) Scaffolding or staging more than 3.6M above the ground or floor, swung or suspended from an overhead support or erected with stationary support shall have a guard rail properly attached, bolted, braced and otherwise secured at-least 90cm high above the floor or platform of such scaffolding or extending along entire length of the outside and ends thereof with only such opening as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying form the building or structure.




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(iii) Working platforms, gangways, and stairways should be so constructed that they should not sag unduly or unequally, and if the height of the platform or the gangway or the stairway is more than 3.6M above ground level or flow level, they should adequate width and should be suitably fastened, described in (ii) above.

(iv) Every opening in the floor of a building or in a working platform providing with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be 90cm.

(v) Safe means of access shall be provided to all working platform an other working places. Every ladder shall be securely fix. No portable single ladder shall be over 9M in length while the width between side rails in rung ladder shall in no case be less than 28cm. For ladder up to and including 3 M in length. For longer ladders this width should be increased at least 12mm for each addition 30 cm. Of length. Uniform step spacing shall not exceed 30cm. adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sites of work shall be so stacked or placed as to cause danger inconvenience to any person or the public. The contractor shall provide all necessary fencing and lights to protect the public from accident, and shall be bound to bear the expenses of defense of every suit, action or other proceedings to any such persons or which may with the consent of the contractor be paid to compromise any claim by any such person.

(vi) Excavation and trenching: All trenches, 1.2M or more in depth shall at all times be supplied with at least one ladder for each 30M in length or fraction thereof, Ladder shall be extended from bottom of the trench to at least 90 above the surface of the ground. The sides of the trenches which are 1.5 M or more in depth shall be stepped back to give suitable slope or securely held by timber bracing so as to avoid the danger of sides to collapse. The excavated material shall not be place within 1.5M of the edges of the trench or half of the depth the trench whichever is more. Cutting shall be done from top to bottom. Under no circumstances undermining or undercutting shall be done.

(vii) Demolition: Before any demolition work is commenced and also during the process of the work:

(a) All roads and open areas adjacent to the work site shall either be closed or suitably protected.

(b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by the operator shall remain electrically charged.

(c) All practical steps shall be taken to prevent danger to persons employed from risk of fire exposing or flooding No floor or other part of the building shall be so overloaded with debris materials to render it unsafe.

(viii) All necessary personnel safety equipment as considered adequate by the Engineer-in-Charge should be kept available for the use of the persons employed on the site and maintained in a condition suitable for immediate use, and the contractor should take adequate steps to ensure proper use of this equipment by those concerned.

(a) Workers employed on mixing asphaltic materials, cement and lime motors shall be provided with protective footwear and protective goggles.

(b) Those engaged in white washing and mixing or stacking of cement bags or any material which is injurious to the eyes shall be provided with protective goggles.

(c) Those engaged in welding shall be provided with welder�s protective eyesight lids.




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(d) Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals.

(e) When workers are employed in sewers and manholes, which are in use, the contractor shall ensure that the manhole covers are opened and are ventilated at least for an hour before the workers are allowed to get into the manholes, and the manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accident to the public.

(f) The contractor shall not employ men below the age of 18 years and women on the or of painting with products containing lead in any form wherever men above the age of 18 are employed on the work of lead painting the following precautions should be taken:-

(i) No paint containing lead or lead products shall be used except in the form of paste or ready made paint.

(ii) Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray or a surface having lead paint dry rubbed and scraped.

(iii) Overalls shall be supplied by the contractor to the workmen when adequate facilities shall be provided to enable the working painters to was during the cessation of work.

(ix) When the work is done near any place where there is a risk is drowning, all necessary equipment should be provided and kept ready far use and all necessary steps taken for prompt rescue of any person in danger and adequate provision should be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work.

(x) Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to the following standards or conditions:

1. a) These shall be of goods mechanical construction, sound materials and adequate strength and free from patent defects and shall be kept in good repair and in good working order.

b) Every rope use in hosting or lowering materials or as a means of suspensions shall be of durable quality and adequate strength, and free from patent defects.

2. Every crane drive or hoisting appliance operator shall be properly qualified and no person under the age of 21 years should be in charge of any hoisting machine including any scaffolding winch, or give signals to operator.

3. In case of every hoisting machine and of every chain ring hook shackle, swivel and pulley block used in hoisting or as means of suspension the safe working load shall be ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine having a variable safe working load, each safe working load of the conditions under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose or testing.

4. In case departmental machines, the safe working load shall be notified by the Electrical Engineer-in-Charge. As regards contractor�s machines the contractors shall notify the safe




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working load of the machine to the Engineer-in-Charge whenever he brings any machinery to site of work and get it verified by the Electrical Engineer concerned.

xi. Mortars, gearing, transmission, electric wiring and other dangerous parts of hoisting appliance should be provided with efficient safeguards, hoisting appliances should be provided with such means as will reduce to the minimum the risk of accident descent of the load, adequate precautions should be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced when workers are employed on electrical installations which are already energized, insulating mats, wearing apparel, such as gloves, sleeves and boots as may be necessary should be provided. The Workers should not wear any rings, watches and carry keys or other materials which are good conductors of electricity.

xii. All scaffolds ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be provided at or near places of work.

xiii. These safety provisions should be brought to the notice of all concerned by display on a notice board at a prominent place at work spot. The person responsible for compliance of the safety code shall be named there in by the contractor.

xiv. To ensure effective enforcement of the rules and regulations relating to safety precautions; the arrangements made by the contractor shall be open to inspection by the labour officer, Engineer-in-Charge of the department or their representatives.

xv. Notwithstanding the above Clause from (i) to (xiv) the contractor is not exempt from the operations of any other Act or Rule in force in the Republic of India.

CLAUSE 43: LABOUR LAWS & REGULATIONS:

The contractor shall comply with the provisions hereinafter contained which are based on labour laws and regulations in force:-

1. DEFNITIONS: In these provisions, unless otherwise expressed or indicated, the following words and expression shall have the meaning hereby assigned to them respectively, that is to say;

(i) �Labour� means workers employed by a contractor directly or indirectly through a subcontractor or other persons or by an agent on his behalf on a payment as notified by ALC/RLC/IR department of Corporation time to time will not include supervisory staff like Overseers, etc.

(ii) �Fair Wages� means wages whether for a fulltime or piece work fixed notified at the time of inviting

tenders for the work and where such wages have not been so notified the wages prescribed by the Central Public Works Department for the District in which the work is done. It will be notified / prescribed by the ALC/RLC/IR/ department of corporation and the Industrial Relation Machinery located in the respective areas and not be less than the minimum rates of wages fixed by the Govt. for that class of employee engaged on the same type of work in the same area.

(iii) �Contractor� shall include, every person whether a sub contractor or headman or agent, employing

labour on the work taken on contract.

(iv) �Wages� shall have the same meaning as defined in the Payment of Wages Act and include time and piece rate wages.




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2. (a) Normally working hours of an adult employee should not exceed 9 hours a day and in case of child 4 ½ hours a day. The working day shall be so arranged that inclusive of interval for rest, if

any, it shall not spread over more than 12 hours on any day.

(b) When an adult worker is made to work for more than 9 hours on any day or for more than 48 hours in any week he shall be paid overtime for the extra hours put in by him at double the ordinary rate of wages. Children shall not be made to work extra hours.

(c) Every worker shall be given a paid weekly holiday normally on Sunday in accordance with the provision of the Minimum wages (central) Rules, 1950, as amended from time to time irrespective of whether such worker is governed by the Minimum wages Act, 1948.

3. Display of notice regarding Wages, etc. The Contractor Shall:-

(a) Before he commence his work on contract, display and correctly maintain and continue to display and correctly maintain in clean and legible condition in conspicuous places on the work, notices in English and in the Local Indian language spoken by the majority of the workers giving the rate of wages which have been certified by the Executive Engineer, the Superintending Engineer, the Chief Engineer or Regional Labour Commissioner, as fair wages and the hours of work for which such wages are earned and.

(b) Send a copy of such notice to the certifying officer.

4. PAYMENT OF WAGES:-

i. Wages due to every worker shall be paid to him in presence of principle employer or his representative.

ii. All wages shall be paid in current coin or currency or in both.

iii. Areas claimed after 2 months after the completion of the work shall not be entertained.

5. FIXATION OF WAGE PERIODS:

(i) The contractor shall fix the wage periods in respect of which the wages shall be payable.

(ii) No wage period shall exceed one month.

(iii) Wages of every worker employed on the contract shall be paid (a) in case of establishments in which wages period is one week within 3 days from the end of the wage period and (b) in the case of other establishments before the expiry of the 7th day or 10th day from the end of the wage period depending on the number to workers employed in such establishments.

(iv) When the employment of any worker is terminated by or on behalf of the contractor the wages earned by him shall be paid before the expiry of the day succeeding the one on which his employment is terminated.

(v) All payment of wages shall be made on a working day except when the work is completed before the expiry of the wage period, in which case final payment shall be made within 48 hours of the last working day at work site and during the working time.

Note: The term �Working day� means a day on which the work on which the labour is employed, is in

progress.




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6 WAGE BOOK AND WAGE SLIPS ETC.:

(i) The contractor shall maintain a wage Book of each worker in such a form as may be convenient at the place of wok, and the same shall include the following particulars:

(a) Name of the worker.

(b) Rate of daily or monthly wages.

(c) Nature of wok on which employed.

(d) Total number of days worked during each wage period.

(e) Dates and periods during which worked overtime.

(f) Gross wages payable for the work during each period.

(g) All deductions made form the wage with an indication in each case of the grounds for which the deduction is made.

(h) Wages actually paid for each wage period.

(i) Signature of thumb impression of the worker.

(ii) The contractor shall also issue a wage slip containing the aforesaid particular to each worker employed prior to the day of disbursement of wages.

(iii) The contractor shall issued an Employment Card in the prescribed Form-III to each worker on the day of work of entry into his employment. If the worker has already any such card with him from the previous employer, the contractor shall merely endorse that employment card with relevant entries. On termination of employment the Employment Card shall again be endorsed by the contractor and returned to the worker.

7. REGISTER OF UNPAID WAGES: The contractor shall maintain a register of unpaid wages in such a form as may be convenient at the place of work and the same shall include the following particulars:-

(a) Full particulars of the labourers whose wage have not been paid.

(b) Reference number of the muster roll and wage register.

(c) Rate of wages.

(d) Wage period.

(e) Total amount not paid.

(f) Reason for not making payment.

(g) How the amount of unpaid wages was utilized.

(h) Acquaintance with dates.

8. REGISTER OF ACCIDENTS: The contractor shall maintain a register of accidents in such a form




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as may be convenient at the work place and the same shall include the following particulars:

(a) Full particulars of the labourers who met with accident.

(b) Rate of wages.

(c) Sex

(d) Age.

(e) Nature of accident and cause of accident.

(f) Time and date of accident.

(g) Date and time when admitted in hospital.

(h) Date of discharge from the hospital.

(i) Period of treatment and result of treatment.

(j) Percentage of loss of earning capacity and disability as assessed by Medical Officer.

(k) Claim required to be paid under Workmen�s Compensation Act.

(l) Date of payment of compensation.

(m) Amount paid with details of the person to whom the same was paid.

(n) Authority by which the compensation was assessed.

(o) Remarks

9. FINES AND DEDUCTIONS WHICH MAY BE MADE FROM WAGES :

(i) The wages of a worker shall be paid to him without any deductions of any kind expect the following:

(a) Fines.

(b) Deductions for absence from duty i.e. from the place or the places, where, by the terms of his employment he is required to work. The amount of deduction shall be in proportion to the period for which he was absent.

(c) Deduction for damage to or loss of goods expressly entrusted to the employed person for custody; or for loss of money or any other deduction which he is required to account for, where such damage or loss is directly attributable to his neglect or default.

(d) Deduction for recovery of advances or for adjustment of over payment of wages; advance granted shall be entered in a register.

(e) Any other deduction which the Central Govt. may from time to time allow.

(ii) No fine should be imposed on any worker save in respect of such acts and omissions on his part as have been approved by the Chief Labour Commissioner.




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(iii) No fine shall be imposed on a worker and no deduction for damage or loss shall be made from his wages until the worker has been given an opportunity of showing cause against such fines or deductions.

(iv) The total amount of fine which may be imposed in any one wage period on a worker shall not exceed an amount equal to three paise in a rupee of the wages, payable to him in respect of that wage period.

(v) No fine imposed on any worker shall be recovered from him by installment or after the expiry of sixty days from the date on which it was imposed.

(vi) Every fine shall be deemed to have been imposed on the day of the act, or omission in respect of which it was imposed.

10. Register of fines etc.

(i) The contractor shall maintain a register of fines and a register of deductions for damage or loss in form Nos. 1 and 2 respectively which should be kept at the place of work.

(ii) The contractor shall maintain both in English and the local Indian language, a list approved by the Chief Labour Commissioner clearly stating the acts and omission for which penalty or fine may be imposed on a workman and display it in a good condition in a consequences place of work.

11. PRESERVATION OF REGISTERS: The wages book, the wage slips, the register of unpaid of wages, the register of accidents, the register of fines, deduction, register to be maintained under these regulation shall be preserved for 12 months after the date of last entry made in them and shall be made available for inspection by the Engineer-in-Charge, Labour Welfare Officer or any other Officer authorized by the Ministry of W & H in this behalf.

12. POWERS OF LABOUR WELFARE OFFICERS TO MAKE INVESTIGATION OR ENQUIRY: The Labour Welfare officer or any other person authorized by the Central Government on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper observance of the fair wage clauses and the provision of these regulations. He shall investigate into any complaint regarding the default made by the contractor or sub-contractor in regard to such provision.

13. REPORT OF LABOUR WELFARE OFFICER: The Labour Welfare Officer or any other person authorized as aforesaid shall submit a report as a result of his investigation or enquiry to the Deputy Superintending Engineer (Civil) / Executive Engineer concerned indicating the extent, if any, to which the default has been committed, with a note that necessary deductions from the contractor �s bill be

made and the wages and other dues be paid to the labourers concerned. In case an appeal is made by the Contractor under Clause 12 of these regulations, actual payment to labours will be made by the Regional Labour Commissioner has give his decision on such appeal.

(a) The Deputy Superintending Engineer (Civil) / Executive Engineer shall arrange payments to the labourers concerned within 45 days from the receipt of the report from the Labour Welfare Officer or the Regional Labour Commissioner as the case may be.

14. APPEAL AGAINST THE DECISION OF LABOUR WELFARE OFFICER : Any persons aggrieved by the decision and recommendations of the labour Welfare Officer or any other persons so authorized may appeal against such decision to the Regional Labour Commissioner concerned within 30 days from the date of decision, forwarding simultaneously a copy of his appeal to the Deputy Superintending Engineer (Civil) / Executive Engineer (Civil) concerned but subject to such appeal the decision of the officer shall be final and binding upon the contractor.




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15. PROHIBITION REGARDING REPRESENTATION THROUGH LAWYER:

(i) A workman shall be entitled to represent in any investigation or enquiry under these regulations by:-

(a) An officer of a registered trade union of which he is a member.

(b) An officer of a federation of trade unions of which the trade union referred to in Clause (a) is affiliated.

(c) Where the employee is not a member of any registered trade union, by an officer of a registered trade union connected with or any other workman, employed in the industry in which the worker is employed.

(ii) An employer shall be entitled to be represented in any investigation or enquiry under these regulations by :

(a) An officer of an association of employers of which he is a member.

(b) An officer of a federation of associations of employers to which the association referred to in Clause (a) is affiliated.

(c) Where the employer is not a member of any association of employers, by an officer of association of employers connected with, or by any other employer engaged in the industry in which the employer is engaged.

(iii) No party shall be entitled to be represented by a legal practitioner in any investigation or enquiry under these regulations.

16. INSPECTION OF BOOKS AND SLIPS: The contractor shall allow inspection of the wages book and the wages slips, the register of unpaid wages, the register of accident and the register of fines and deductions to any of his workers or to his agent are convenient time and place after due notice is received or to the Labour Welfare Officer or any other person, authorised by the Central Govt. on his behalf.

17. SUBMISSION OF RETURNS: The contractor shall submit periodical returns as may be specified from time to time.

18 AMENDMENTS: The Central Government may, from time to time, add to or amend the regulations and on any question as to the application, interpretation or effect of these regulations the decision of the Chief Labour Commissioner or Deputy Chief Labour Commissioner to the Govt. of India, or any other person authorized by the Central Govt. in that behalf shall be final.

The contractor shall comply with provisions of the Apprentice Act, 1961 and the rules and orders issued there under from time to time. If he fails to do so, his failure will be breach of the contract and the S.E (Civil) may in his discretion cancel the contract. The contractor shall also be liable for pecuniary liability arising on account of any violation by him of the provisions of the Act.

CLAUSE 44: STANDARD CLAUSES IN RESPECT OF LABOUR LAWS.

1. The contractor shall make the payment of wages to every worker directly or through other person duly authorized by him in this behalf in the presence of the authorized representative of the Principal Employer on a working day within the work premises and during the working time and on a date notified in advance, without any deduction of the any kind except those specified by the Central Government, by general or special order in this behalf or permissible under the payment




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of Wages Act, 1936 All wages shall be paid in current coin or in both. Wages of every person employed as contract labour by the contractor shall be paid before the expiry of the seventh day of the last day of the wages period in respect of which the wages are payable.

2. The contractor agrees, at its own cost, to comply with the provisions of all laws including all labour laws, rules, regulations and notifications issued there under whether Central or State or local, if applicable to him and to the contract labourers employed by him or to this contract form time to time and shall submit documentary evidence in this regard to the entire satisfaction of ONGC. Payment will be released every month only after contractor submits necessary documentary evidence of having discharged all statutory obligations pertaining to the contract.

3. The contractor shall obtain license in the prescribed formal under the Contract Labour ( Regulation & Abolition) Act, 1970 read with Rules framed there under and furnish the same to ONGC within fifteen days of receipt of letter of intent but before the signing of formal agreement, failing which the letter of intent / contract shall be cancelled / terminated without any further notice in this regard and his bid bound and / or performance bank guarantee shall be forfeited without prejudice to any other rights and remedies available to ONGC under the contract.

CLAUSE 45: DAMAGES TO WORKS IN CONSEQUENCE OF HOSTILITIES OR WAR LIKE OPERATONS:

The work (whether fully constructed or not) and all materials machines, tools, and plants, scaffolding temporary buildings and other things connected therewith shall be at the risk of the contractor until the work has been delivered to the Engineer-in-Charge and a certificate from him to that effect obtained. In the event of the work or any materials properly brought to the site for incorporation in the work being damaged or destroyed in consequence of hostilities or war like operation, the contractor shall, when ordered in writing by the Engineer-in-Charge, remove any debris from the site, collect and properly stack or remove in store all serviceable materials salvaged from the damaged work and shall be paid at the contract rates, in accordance with the provisions of this agreement for the work of clearing the site of debris, stacking or removal of serviceable materials and for the reconstruction of all work ordered by the Engineer-in-Charge, such payment being in addition to compensation up to the value of the work originally executed before being damaged or destroyed and not paid for. In case of works damaged or destroyed but not already measured or paid for, the composition shall be assessed by the Engineer-in-Charges up to Rs.6000/= and by the Superintending Engineer concerned for a further amount. The contractor shall be paid for the damage, destruction suffered and for restoring the materials at the rates based on the analysis of the rates tendered for in accordance with the provisions of this agreement. The certificate of the Engineer-in-Charge regarding the quality and of materials and the purpose for with they were collected shall be final and binding on all parties to this contract.

Provided always that no compensation shall be payable for any loss in consequence of hostilities or war like operations (a) unless the contractor had taken all such precautions against Air Raid as are deemed necessary by the A R P Officer or the Engineer-in-Charge, (b) for any materials, etc. not on the site of the work or for any tools, plant, machinery, scaffolding, temporary buildings and other things not intended of the work.

In the event of the contractor having to carry out reconstruction as aforesaid, he shall be allowed such extension of time for its completion has is considered reasonable by the Engineer-in-Charge.

CLAUSE 46: WARRANTY CLAUSE:

Contractor, hereby will warrant that everything to be furnished hereunder shall be free from all defects and faults in material, workmanship and manufacture and shall be of the highest grade and consistent with the established, work man like manner and generally accepted standards of the materials of the type ordered, operate properly. This warranty shall survive inspection of the payment for and




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acceptance of the goods, but shall expire 12months after issue of final completion certificate.

CLAUSE 47: FORCE MAJEURE:

�In the even of either party being rendered unable by force majeure to perform any obligation required

to be performed by them under the contract, the relative obligations of the party affected by such force majeure shall be suspended for the period during which such cause lasts.

The term �Force Majeure� as employed herein shall mean acts of God, War, Fire, Earth quake,

Cyclone, Blowouts etc. directly affecting the performance of the Contract, Flood and Acts and Regulations of respective Government of the two parties, namely the Corporation 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 party in writing the beginning of the cause amounting to Force Majeure as also the ending

of the said clause by giving notice to the other party within 72 hours of the ending of the cause respectively. If work is suspended by Force Majeure conditions lasting for more than 2 (Two) months, either party shall have the option of canceling this contract in whole or part at his discretion without any liability on his part.

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

CLAUSE 48: LABOUR LAWS

The contractor shall comply with the provisions of various labour laws including but not limited to contract labour (RQA) Act and to keep ONGC indemnified and harmless against it by any authority General conditions SAFETY AND LABOUR LAWS: CONTRACTOR shall comply with the provision of all laws including Labour Laws, rules, regulations and notifications issued there under from time to time. All safety and labour laws enforced by statutory agencies and by ONGC shall be applicable in the performance of this CONTRACT and CONTRACTOR shall abide by these laws. CONTRACTOR shall take all measures necessary or proper to protect the personnel, work and facilities and shall observe all reasonable safety rules and instructions. No smoking shall be permitted out side the living quarter, and welding jobs will be carried out with full safety precautions. ONGC�s

employee also shall comply with safety procedures/policy. The CONTRACTOR shall report as soon as possible any evidence which may indicate or is likely to lead to an abnormal or dangerous situation and shall take all necessary emergency control steps to avoid such abnormal situations. LIABILITY OF CONTRACTOR:-

a. The contractor, knowing fully well job area, requirements, rules, regulations and acts applicable in oil mines shall execute the job to the satisfaction of the Engineer in charge.

b. The contractor will comply with all acts, rules and regulations and will be fully responsible, in case of any accident, for any individual or damage to the property of the corporation or any other person or any other person or due to any cause arising out of the accident. The contractor will be solely responsible for the payment of compensation etc. due to such happenings.

c. The Contractor will provide the necessary funds, manpower and materials required to carry out the various Jobs as per instructions and to the Satisfactions of the Engineer � in � Charge.

d. The Contractor will get a Completion Certificate from Engineer � in � Charge. e. The Contractor will comply with all safety rules regulations, and instructions




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laid down for oil mines. f. The Contractor shall co-ordinate with the Engineer-in-Charge for Smooth and scheduled completion of each job. g. The Contractor will bring Manpower and Material to the work site at its own cost and will supervise the job. h. The any changes in the statutory Liabilities like Tax structure, sales Tax etc. due to changes in Law carried out by Government of India or its authorized bodies will be to the account of the Contractor. Special Conditions SAFETY AND LABOUR LAWS a. In case of award of work, the bidder shall have to comply with the provisions of all laws including Labour Laws, rules, regulations and notifications issued there under from time to time. All safety and Labour Laws enforced by statutory agencies and by ONGC shall be applicable in the performance of this Contract and Contractor shall the personnel including providing of suitable PPE (Helmet, Industrial shoes etc.) to manpower deployed by them. An undertaking by the bidders in this regard should be enclosed with the Techno-Commercial bid. b. The Contractor shall ensure that its representative / Agents or servants do not smoke or carry any inflammable substance at any / drill site / Installation. The contractor and its representatives / Agents / servants shall abide by all statutory and other safely instructions given from time to time. In case of failure, the contractor shall be solely responsible for the consequences thereof and shall also be liable for any damages to ONGC / Contractor / any Third party. c. CONTRACTOR shall take all measures necessary or proper to protect the personnel, work and facilities and shall observe all reasonable safety rules and instructions. No smoking shall be permitted in oil mines. For safety precautions, Corporation�s employee also shall comply with safety procedures

/ policy. d. The CONTRACTOR shall report as soon as possible any evidence which may indicate or is likely to lead to an abnormal or dangerous situation and shall take all necessary emergency control steps to avoid such abnormal situations. e. The CONTRACTOR should agree, at its own cost, to comply with the provision of all laws including all labour laws, rules, regulations and notifications issued there under, whether Central or State or Local , as applicable to him and / or to his labourer, employed by him or to this contract from time to time and will submit documentary evidence in this regard to the entire satisfaction of CORPORATION.

i. The Minimum Wages Act, 1948 Rules, Orders, and Notifications issued there under from time to time, from the office of Regional Labour Commissioner / Asstt. Labour Commissioner, Govt. of India.

ii. The Contract Labour (Regulation & Abolition) Act, 1970 with Rules, orders and notifications issued there under from time to time.

iii. The Industrial Disputes Act, 1947 with Rules, Orders and Notifications issued there under from time to time.

iv. The Workmen�s Compensation Act, 1923 with Rules, Orders and Notifications issued there under from time to time.

v. The Mines Act, 1952 Factories Act, 1948 or Shops and Establishment Act, whichever applicable with Rules, Orders and Notifications issued there under from time to time.

vi. The Payment of Gratuity Act, 1972 with Rules, Orders and Notifications issued there under from time to time.

vii. The Payment of Bonus Act, 1965with Rules, Orders and Notifications issued there under from time to time.

viii. Payment of Wages Act, 1938 with Rules, Orders and Notifications issued there under from time to time.

ix. The Employees Provident Fund & Misc. Provisions Act, 1952 with Rules, Orders and Notifications issued there under from time to time.

x. ESI act 1948. f. All other Acts / Rules / regulations, Bye � Laws, Orders, Notifications etc. present or future, applicable to the CONTRACTOR from time to time, for performing the aforesaid jobs.




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CLAUSE 49: CONDITIONS RELATING TO USE OF ASPHALTIC MATERIALS i) The contractor undertakes to make arrangements for the supervision of the

work by the firm supplying the tar or bitumen used. ii) The contractor shall collect the total quantity of tar or bitumen required for the

work as per standard formulae, before the process of painting is started and shall hypothecate it to the Engineer-in-charge. If any bitumen or tar remains unused on complied of the work on account of lesser use of materials in actual execution for reasons other than authorized changes of specification and abandonment of portion of work a corresponding deduction equivalent to the cost of unused materials as determined by the Project Manager / Engineer-in-Charge shall be made and the material returned to the contractors. Although the materials are hypothecated to the Corporation contractor undertakes the responsibility for the proper watch, safe custody and protection against all risks. The materials shall not be removed from site of work without the consent of the Project Manager / Engineer-in-Charge in writing. The contractor shall be responsible for rectifying defect noticed within a year from the date of completion of the work and the portion of the security deposit relating to asphaltic work shall be refunded after the expiry of this period.




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A N N E X U R E - V I I

ADDITIONAL CONDITIONS OF CONTRACT

1. Location of site & Accessibility: The intending tenderer should inspect the site and make himself familiar with conditions and the available communication facilities. Non � availability of access to road or railway siding, railway wagon etc. shall no case be the cause to condone any delay in the execution of the works or be the cause for any claims or extra compensation. 2. Scope of Work: The work is to be carried out as per the Description of individual items in Schedule of Rates (Annexure-X). The contractors shall provide all necessary materials same as those mentioned in the clause titled �to

be supplied by the contractor� of the special conditions of contract, equipments and labour etc., for the

execution and maintenance of the work till completion. All materials that go with the work shall be approved by Engineer�in-charge prior to procurement and use. 3. Land for contractor�s Field Office, Godown and Workshop: Contractor shall make his own arrangements for open land for the purpose of his main Godown / cement Godown, Workshop, labour camp, vehicle parking sheds for his trucks, tractors, trailers, construction equipments and all other items which otherwise cannot be accommodated in the working place made available to the contractor at the construction site. Contractor shall inspect the site work and collect all relevant data needed for the above purpose and make his own arrangements. Percentage rate quoted in the tenders by him is deemed to have considered these factors. Contactor shall construct at his cost a reasonably furnished temporary site office for use by ONGC as per requirement of Engineer-in-charge at the site of construction. He shall be permitted to dismantle this temporary office for disposal as he deemed fit, after the work is over. 4. Definition of Terms:

a. The �Final Certificate� in relation to a work means the certificate regarding the satisfactory

completion as per various provisions of the contract by the contractor and issued by the Engineer-in-charge after the period of liability is over.

b. �Permanent Work� means and includes works which will be incorporated in and forms a part

of the work to be handed over to the Corporation by the contractor on completion of the contract.

c. �Construction equipments� means all appliances and equipments of whatsoever nature for use in or about the execution, completion, operation and maintenance of the work unless intended to from art of the permanent work.

d. The �Drawing� shall include, maps, plans and tracing or prints thereof with any modifications approved in writing by the Engineer-in-charge and such other drawings as may, from time to time be furnished or approved in writing by the Engineer-in-charge.

e. The �Tender� means the tender submitted by the contractor for acceptance by the

Corporation. f. The �Alteration Order� means an order given in writing by the Engineer-in-charge to effect

additions, deletion / alterations in the works. g. The �Sub-contractor� means any person or firm or company (other than the contractor) to

whom any part of the work has been entrusted by the contractor with the written consent of the Engineer-in-charge.

5. Addenda: Addenda to the tender documents may be issued prior to the date of opening of the tenders to clarify documents or to reflect modifications in the design or contract terms. Addenda to this tender document, if issued must be signed by the bidder and submitted alongwith the tender document. 6. Documents: The tender, as submitted, will consist of the following :- i) Complete set tender documents as sold duly filled in and signed by the tenderer as




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prescribed in different clause of the tender document. ii) Earnest money in the manner specified in detail notice inviting tender. iii) Power of Attorney or a Photostat copy thereof in case of an authorsed representative who

has signed the tender, (in case of partnership firm / private ltd. / Corporation companies). iv) Information regarding tenders in the Proforma enclosed. vi) Any printing or topographical errors / omission in the tender document shall be referred to

Engineer-in-charge and his interpretations regarding corrections shall be final and binding on contractor.

7. Signing of tender: The tender shall contain the name, residence and place of business of person or person making the tender and shall be signed by the tenderer with his usual signature. Partnership firm shall furnish the full names of all partners in the tender. It should be signed in the partnership name by all the partners or by duly authorized representatives followed by the name and designation of the person signing. Tender by Corporation shall be signed by an authorized representative, and a power of attorney in that behalf shall accompany the tender. A copy of the constitution of the firm with names of all partners shall be furnished. When a tenderer signs a tender in a language other than English, the total amount tendered should, in addition, be written in the same language. The signature should be attested by at least one witness. 8. Witness: Witness and sureties shall be persons of status and property and their names, occupation and address shall be stated below their signatures. 9. Headings & Marginal Notes: All headings and marginal notes to the clauses of these Conditions of contract or of and to the specifications or may other tender document are solely for the purpose of giving a concise indication and not a summary of the contents thereof, and they shall never be deemed to the part thereof or be used in the interpretation or constitution thereof or of the contract. 10. For the purpose of recording all intermediate measurements and for preparing the running account bills, the abbreviated nomenclature indicated in the schedule of items shall be adopted. The abbreviated nomenclature shall be taken to cover all the operations including labour and materials as per the complete nomenclature of the relevant items in the agreement and other relevant specifications. In the case of extra / substituted items of works the full nomenclature of the items shall be reproduced in the measurement books and bills forms of the running account bills, as well for the first payment and subsequently with abbreviated nomenclature as decided by the Engineer-in-charge shall be adopted. The abbreviated nomenclature shall be taken to cover all the operations including labour and materials as per the complete nomenclature of the relevant extra / substituted item and other relevant specification. .




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A N N E X U R E - V I I I

SPECIAL CONDITONS OF CONTRACT All contract terms thereof entered into between the corporation and the contractor under the condition of contract shall be governed and regulated by the relevant laws for the time being in force in the territory of India relating to contract.

1. Examination of certain conditions before tendering by the contractor to be presumed :

(i) The contractor shall be presumed to have satisfied himself by careful examination before submitting his tender as to the nature of the ground, and subsoil, the form and the nature of the site, the quantities and the nature of the work and materials necessary for the completion of the work and means of access to the site, the accommodation he may require and all other matters incidental thereto, and ancillary thereof, affecting the execution and the completion of the work. He shall also be presumed to have satisfied himself before tendering as to the correctness and the sufficiency of the tender for the works as quoted by him in the tender schedule which Percentage rates shall (except in so far as it is hereinafter otherwise specifically provided) cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work.

(ii) It is agreed and understood that no extra payment shall be admissible to the contractor under any circumstances whatsoever consequent on any alleged misunderstanding or miscalculation or arising out of other mistake of factor, not specifically provided for in the contract.

2. The contractor shall keep an order book at the site of the work. Any special orders or instruction to be issued to the contractor will be recorded in this book by the Engineer-in-Charge or his representative. This book will always be kept at the site of the work. The contractor will however sign against each entry in the order book as a token of his having seen and noted. This order book will be the property of the Corporation. The order book should preferably be a half quire with serially numbered pages and bound register.

3. The work will not be treated as completed and taken over by the Corporation till all the components of the work/structure after being constructed at site in all respects have been tested by the Engineer-in-Charge to his satisfaction. All tests shall be carried out by the contractor at his own cost as and when directed by the Engineer-in-Charge.

4. Notwithstanding the sub-division of the documents into separate sections and volumes every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the contract so far as it may be practicable to do so.

5. Where any portion of the General Conditions of Contract is repugnant to or at variance with any provision of the special conditions of contract, unless a different intention appears, the provisions of the special conditions of contract shall be deemed to override the promising of the General Conditions of contract and shall, to the extent of such repugnancy of variations, prevail.

6. Any error in description or any other aspect in schedule of rates or omissions there shall not vitiate the contract or release the contractor from executing the work comprised in the contract according to drawings and specifications at the scheduled rates. He is deemed to know scope, nature and magnitude of the works and the requirements, of materials and labour and the type of work involved etc. and as to what all he has to do to complete the works in accordance with the contract documents whatever be the defects, omissions or errors that may be found in the contract documents. The contractor shall be deemed to have visited the surroundings to have satisfied himself as to the nature of all existing structures, if any, means of transport and




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communications whether by land, water or air and as to possible interruptions, thereto and the access and egress from the site, to have made enquiries, examined and satisfied himself as to the sites for obtaining sand, stone, bricks and other materials, the site for disposal of surplus materials, the available accommodation as to whatever required as adopts and such other buildings that may be necessary for executing and completing the works, to have made local independent enquiries as to the sub soil, sub-soil water and variations thereof, storms, prevailing winds, climatic conditions and all other similar matters affecting those works.

7. CONTRACTOR�S OFFICE AT SITE: The contractor shall provide and maintain an office at the each site for the accommodation of ONGC field engineers/ his agent and staff and such office shall be open at all reasonable hours to receive instructions, notice or other communications.

8. CONTRACTOR�S SUBORDINATE STAFF AND THEIR CONDUCT:

(i) Contractor�s Field Engineer: The contractor after the award of the work, shall name the

Engineer responsible for the work, to whom equipment and materials if any, will be issued and to whom all site instructions and notices can be issued. He should have necessary power of Attorney which shall be deposited with the Engineer-in-Charge in original.

(ii) Contractor�s Field staff strength :The contractor shall provide, to the satisfaction of the

Engineer-in-Charge sufficient and qualified staff to supervise the execution of the works, competent engineering assistant, foremen and leading hands including those specially qualified by pervious experience to supervise the type of works comprised in the contract in such a manner as will ensure work of the best quality expeditious working and proper supervision and whenever in the opinion of the Engineer-in-Charge this is not the case, additional and properly qualified supervisory staff shall be employed by the contractor without additional charge on account thereof. The contractor shall ensure to the satisfaction of Engineer-in-Charge that sub-contractor, if any shall provide competent and efficient supervision over the work entrusted to them, where so required, the contractor shall furnish a field organization chart as well as full details of field staff.

(iii) Conduct of Contractor�s Field Staff: The contractor shall be responsible for the proper behavior of all the staff, foremen, workmen and other, and shall exercise a proper degree of control over them and in particular and without prejudice to the said generality, the contractor shall be bound to prohibit and prevent any employees from trespassing or acting in any ways detrimental or prejudicial to the interests of the community or of the proprietors or occupiers of land and properties in the neighborhood and in the event of such employee so trespassing, the contractor shall be responsible thereof and relieve the Corporation and the owner of all consequent claims or actions for damages or injury or any other grounds whatsoever. The decision of the Engineer-in-Charge upon any matter arising under this clause shall be final.

(iv) If and whenever any of the contractor�s or sub-contractor�s agents, sub-agent, foremen, or other employees shall in the opinion of Engineer-in-Charge be guilty of any misconduct or be incompetent or insufficiently qualified or negligent in the performance of their duties or that in the opinion of the Engineer-in-Charge it is undesirable for administrative or any other reason for such person or persons to be employed in the works, the contractor, if so directed by the Engineer-in-Charge, shall at once remove such persons from employment thereon. Any person or persons so removed from the works shall not again be employed in connection with the works without the written permission of the Engineer-in-Charge. Any person so removed from the works shall be immediately replaced at the expense of the contractor by a qualified and competent substitute. Should the contract be requested to repatriate any person removed from the works, he shall do so and shall bear all costs in connection therewith.




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(v) If and when required by Corporation all contractors� personnel entering upon the premises

shall be properly identified by badges of a type acceptable to Corporation which must be worn at all times on the premises of the Corporation and at all work sites.

(vi) In cases of default the action will be taken as per clause No. 34 of conditions of contract.

9. POWER TO ENTRY :

If the contractor shall not commence the works in the manner previously described in the contract documents or if he shall at any time in the opinion of the Engineer-in-Charge.

(i) Fail to carry on the works in conformity with contract documents or

(ii) Fail to carry on the works in accordance with the time schedule or

(iii) Substantially suspend work or the works for period of fourteen days without authority from the Engineer-in-Charge, or

(iv) Fail to carry on and execute the works to the satisfaction of the Engineer-in-Charge, or

(v) Fail to supply sufficient and suitable construction plant, temporary works, labour, materials or things, or

(vi) Commit or suffer, or permit any other breach of any of the provisions of the contract on his part to be performed or observed or persist in any of the above mentioned breaches of the contract for fourteen days., after notice in writing shall have been given to the contractor by the Engineer-in-Charge requiring such breach to be remedied, or

(vii) If the contractor shall abandon the works, or

(viii) If the contractor during the continuance of the contract shall become bankrupt, make any arrangement or composition with his creditors, or permit any execution to be levied or go into liquidation whether compulsory, or voluntary (not being merely a voluntary liquidation for the purpose of amalgamation or reconstruction) then, in any such case, the Corporation shall have the power to enter upon the works and take possession thereof and of the materials, temporary works, constructional plant, and stock thereon, and to revoke the contractor�s license to use the same, and to complete the works by his agents,

other person, firm or Corporation as the Engineer-in-Charge in his absolute discretion may think proper to employ, and for the purpose aforesaid to use or authorize the use of any materials, temporary works, constructional plant, and stock as aforesaid, without making payment or allowance to the contractor for the said materials other than such as may be certified in writing by the Engineer-in-Charge to be reasonable, and without making any payment or allowance to the contractor for or the use of the said temporary woks, constructional plant and stock or being liable for any loss or damage thereto, and if the owner shall by a reason of his taking possession of any such works being completed by other contractor (due account being taken of extra work or works which may be omitted) then the amount of such excess as certified by the Engineer-in-Charge shall be deducted from any money which may be due for work done by the contractor under the contract and not paid for. Any deficiency shall forthwith be made good and paid to Corporation by the contractor and Certified in writing by the EIC to be Corporation shall have power to sell in such manner and for such price as Corporation may think fit, all or any of the constructional plant, materials etc. constructed by or belonging to the contractor and to recoup and retain the said deficiency or any part thereof out of the proceeds of the sale.




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Operation of above clause shall not diminish the Engineer-in-Charge�s right to operate

clause 2 and 3 of the condition of the contract.

10. NOTICES: Any notice hereunder may be served on the contractor or his duly authorized representative at the job site or may be served by registered mail direct to the address furnished by the contractor. Proof of issue by Engineer-in-Charge of any such notice would be conclusive of the contractor having been duly informed of all the contents therein.

11. GENERAL CONDITIONS OF CONSTRUCTION AND ERECTION WORK: During monsoon and other period, it shall be the responsibility of the contractor to keep the construction work site free from water at his own cost. He should also provide necessary equipment (like dewatering pumps, tarpaulins for cement etc.) so as to be readily available at worksite, for which no extra payment will be made.

The contractor must arrange for the placement of workers in such a way that the delayed completion of the work or any part thereof for any reason whatsoever will not affect their proper employment. Corporation will not entertain any claim for idle time payment whatsoever.

12. RESPONSIBILITY FOR LEVEL AND ALIGNMENT: The contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment the levels and correctness of every part of the work and shall rectify properly any errors or imperfections therein. Such rectifications shall be carried out by the contractor, at his own cost, when instructions are issued to that effect by the Engineer-in-Charge.

13. MATERIAL TO BE SUPPLED/PROCURED BY THE CONTRATOR: Corporation will insist on the procurement of materials which bear ISI stamp and / or which are supplied by reputed suppliers. All materials procured should meet the approved brand or specifications given in the tender document. The approval of these samples shall not absolve the contractor �s

responsibility of the correctness of the sample. The Engineer-in-Charge may, at his discretion, ask for samples and test certificates for any batch of any material procured. Before procuring, the contractor should get the approval of Engineer-in-Charge for any materials to be used for the work.

Manufacturer�s certificates whenever needed at the discretion of Corporation shall be submitted

for the materials supplied by the contractor, if however, in the opinion of Engineer-in-Charge any tests are required to be conducted on the materials supplied by the contractor, these will be arranged by the contractor promptly at his own cost.

14. DISCREPANCIES BETWEEN INSTRUCTIONS : Should any discrepancy occur between the various instructions furnished to the contractor, his agents or staff or any doubt arise as to the meaning of any such instructions or should there be any misunderstanding between the contractor�s staff and the Engineer-in-Charge staff, the contractor shall refer the matter immediately in writing to the Engineer-in-Charge whose decision thereon shall be final and conclusive and no claim for losses alleged to have been caused by such discrepancies between instructions, doubts, or misunderstanding shall in any event be admissible.

15. ASSISTANCE TO THE ENGINEER : The contractor shall make available to the Engineer-in-Charge free of cost all necessary instruments and assistance in checking or setting out of works and in the checking of any works made by the contractor for the purpose of setting out and taking measurement of work. He shall also provide all instruments and labour free of cost for testing and inspection of all works either under progress or on completion.

16. TESTS FOR QUALITY OF WORKS: All workmanship shall be of the respective kinds described in the contract documents and in accordance with the instructions of the Engineer-in-Charge and shall be subjected from time to time to such mandatory tests at contractor�s cost as

the Engineer-in-Charge may direct at the place of manufacture or fabrication on the site or at all or any such places. The contractor shall provide such assistance, instruments, labour and materials as are normally required for examining, measuring and testing the workmanship as may be selected and required by the Engineer-in-Charge.

All the tests that will be necessary in connection with the execution of the work as decided by the Engineer-in-Charge, shall be carried out at the field testing laboratory of Corporation by paying the charges as decided by Corporation from time to time. In case of non-availability of




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testing facility with Corporation the required tests (mandatory tests) shall be carried out at the cost of contractor at Govt. or any other testing laboratory as directed by Engineer-in-Charge. The contractor shall bear the cost of sample and its carriage to the requisite laboratory for all tests as per the direction of the Engineer-in-Charge.

17. SAMPLES: The contractor shall furnish to the Engineer-in-Charge for approval when requested or if required by the specifications, adequate samples of all materials and finishes to be used in the work. Such samples shall be submitted before the work is commenced and sample time to permit tests and examinations thereof. All materials furnished and finishes applied in actual work shall be fully equal to the approved samples.

18. POSSESSION PRIOR TO COMPLETION: The Engineer-in-Charge shall have the right to take possession of or use any completed or partially completed work or part of the work. Such possession of use shall not be deemed to be an acceptance of any work completed in accordance with the contract agreement. If such prior possession or use by the Engineer-in-Charge delay the progress of work, equitable adjustment in the time of completion will be made and the contract agreement shall be deemed to be modified accordingly.

If the contractor feels that any variation in work or in quality of materials or proportions would be beneficial or necessary to fulfill the guarantees called for he shall brings this to the notice of Engineer-in-Charge in writing.

19. DEFECTS AFTER TAKING OVER: In order that the contractor could obtain a completion certificate he shall make good with all possible speed any defect arising from the defective materials supplied by the contractor that may have been noticed or developed, after the works or group of the work have been taken over, the period allowed for carrying out such work will be normally one month.

If any defect be not remedied within a reasonable time, Corporation may proceed to do the work at contractors risk and expense and deduct from the final bill, such amount as may be decided by the Engineer-in-Charge.

20. FINAL DECISION AND FINAL CERTIFICATE: Upon the expiration of the liability and subject to the Engineer-in-Charge being satisfied that the works have been duly maintained by the contractor during monsoon or such period as herein provided in the contract and that the contractor has in all respect made up any subsidence and performed all his obligations under the contract, the Engineer-in-Charge shall (without prejudice to the rights of Corporation to retain the provisions of relevant clause hereof otherwise) give a certificate (here is referred to as the final certificate) to that effect and the contractor shall not be considered to have fulfilled the whole of his obligations under the contract until Final certificate shall have been given by the Engineer-in-Charge notwithstanding any previous entry upon the works and taking possessions, working or using of the same or any part thereof by Corporation or the owner.

21. CERTIFICATES AND PAYMENTS NO EVIDENCE OF COMPLETION : No certificate other than the final certificate or payments against a certificate or on general account shall be taken to be an admission by Corporation of the due performance of the contract or any part thereof, or of occupancy or validity of any claim by the contractor.

Corporation shall have a lien on and over all or any moneys that may become due and payable to the contractor under these present and / or also on and over the deposit or security amount or amounts made under the contract and which may become repayable to the contractor under the conditions for, or in respect of any debt or sum that may become payable to Corporation by the contractor either alone or jointly with another or others and either under this or under any other contract or transactions of any nature whatever between Corporation and the contractor.

Corporation reserves the right to carry out a post payment audit and / or technical examination of the works and the final bills including all supporting vouchers, abstracts etc. and to enforce recovery from it as a result of such examination, any overpayment is discovered in respect of any work done by the contractor or all alleged to have been done by him under the contact and such recovery will be made by the Corporation from the contractor by any or all of the methods presented above. If on the other hand any underpayment is discovered the amount shall be dully paid to the contractor by Corporation. Further, Corporation reserves the right to make such recovery and adjustment notwithstanding the fact that the amount of the final bill may be included by one of the parties as an item of dispute before any Arbitrator appointed under the




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Arbitration clause of the contract and notwithstanding the fact that the amount of the final bill figures in the arbitrator award. And further unless the contractor pays and clears the claims of Corporation immediately on demand., Corporation shall, at all times, be entitled to deduct the said debt or sum from the sum due to the contractor or becoming payable to the contractor under the present or under any other contract or transaction whatsoever between the contractor and the Corporation.

22. Nothing extra shall be paid for dewatering, desilting and cleaning of trenches due to collapsed soil unless otherwise caused by springs, tidal or river seepage, broken water mains and drains. Contractor�s rate shall be deemed to provide necessary shorting or other protective measurers

to guard against collapsing of the trench sides. 23. Unless otherwise specified in the bill of quantities against individual items, all items shall be

deemed to include supply of all kinds of different materials and all kinds of labours required to execute the items fully and finally.

24. Items of work shown in the bill of quantities deem to include all lead and lift of the materials unless otherwise specified.

25. The contractor shall keep at the site of work and or in plant at his own cost, testing equipment instruments like, standard slump cones, cube � moulds, thermometer, spring balance, calipers etc. For RCC works all cement concrete invariable should be mixed in concrete mixer, except in emergencies. Small where hand mixing is allowed, prior permission of Engineer � in Charge will be obtained.

26. The rates quoted in the tender shall include in addition to items mentioned in the specifications, all charges, for water, electrical charges, temporary plumbing, hire charges of tool and plants, sheds for storage of material, curing etc.

27. The following notation will mean as below appearing in the schedule of quantities and specifications :

(a) Cum. = Cubic meter. (b) Sqm. = Square meter (c) Rm. = Running meter (d) N / Nos. = Number / Numbers (e) Kg. = Kilogram (f) M.T. = Metric tonne (g) m. = Meter (h) P/F = Providing / Fixing (i) P/L = Providing / Laying (k) I/C = Including 28. The words �as specified� �as directed� or �as approved� shall mean as described in specification,

schedule of quantities and other tender documents. 29. The following will be the order of precedence for the purpose of interpretation of contract

document in case there is any inconsistency between or among the several parts. i. Schedule of rates where the contractor has quoted Percentage rates. ii. Specification supplied in tender document. iii. Latest Indian Standard Specification shall be applicable. iv. Special conditions of contract. v. General condition of contract & Additional General Conditions of contract. 30. Applicable law and jurisdiction: The contract including all matters connected with this contract

shall be governed by Indian law both substantive and procedural for the time being in force and shall be subject to the exclusive jurisdiction of court (s) at Agartala west Tripura, India.

31. a) Special conditions of contract shall be read in conjunction with the General conditions of contract, latest edition of CPWD specification/latest edition of IS/BIS codes, specifications of work, drawings and any other documents forming part of this contract.

b) Notwithstanding the sub-division of the documents into separate sections and volumes every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the contract so far as it may be practicable to do so.

c) Where any portion of the General Conditions of Contract is repugnant to or at variance with any provision of the special conditions of contract, unless a different




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intention appears, the provisions of the special conditions of contract shall be deemed to override the promising of the General Conditions of contract and shall, to the extent of such repugnancy of variations, prevail.

32. SAFETY REGULATIONS:

32.1 In respect of all labour, directly or indirectly employed in the WORK, CONTRACTOR shall at his own expense arrange for all the safety provisions as per safety codes of CPWD, Indian Standard Institution, the Electricity Act, the Mines Act. regulations, Rules and Orders and such other Acts as are applicable.

32.2 CONTRACTOR shall observe and abide by the all fire and safety regulations of ONGC. Before starting construction work, CONTRACTOR shall consult safety Officer of ONGC or / ENGINEER-IN-CHARGE. Further CONTRACTOR must make good to the satisfaction of the ENGINEER-IN-CHARGE any loss of damage due to fire to any portion of the WORK under this CONTRACT or to any of the existing property of ONGC.

32.3 CONTRACTOR shall maintain first aid facilities for his employees and those of his SUB CONTRACTOR�s.

CONTRACTOR shall make outside arrangements for ambulance service and for the treatment of industrial injuries. Names of those providing these services shall be furnished to ENGINEER-IN-CHARGE prior to start of construction and their telephone numbers shall be prominently posted in CONTRACTOR's field office. All critical industrial injuries shall be reported promptly to the ENGINEER-IN-CHARGE and a copy of CONTRACTOR's report covering each personal injury requiring the attention of a physician shall be furnished to the ENGINEER-IN-CHARGE.

32.4 WATCHING AND LIGHTING

CONTRACTOR shall, in connection with the WORKS, provide and maintain at his own cost all lights, guards, fencing, markers and watching when and where necessary for the safety and convenience of the public and others.

32.5 In addition to the above, CONTRACTOR shall abide by the safety code provision as per CPWD safety code and Indian Standard Safety code framed from time to time.

32.6 HOT WORK PERMITS

Notwithstanding anything contained elsewhere in the CONTRACT to take up and carry out the work in operating area, CONTRACTOR shall be fully responsible to design, engineer, procure, supply, fabricate, transport, install, test, commission, making all the concerned working area gas free, cleaning and flushing with steam and / or chemicals of the complete system and whatever is necessary. The modification and hook up works with existing facility shall be completed in shortest possible time and in a safe manner. ONGC shall issue Hot Work Permits on CONTRACTOR's request keeping in view ONGC's programme and CONTRACTOR'S work execution schedule as per the CONTRACT.

33. The Contractor shall submit the list of workers proposed to be deployed by them along with the following two undertakings prior to start of the work - a) The character and antecedents of the person(s) proposed to be deployed by the agency is /

are impeccable; b) The agency has scrutinized the previous working of the person(s) proposed to be deployed

and there is nothing adverse as regards his / her character and antecedent. Along with the above undertakings, the Contractor shall provide certified photocopies of the Police verification certificates for review/inspection by the authorized representative of ONGC. The Contractor has to obtain Police verification report (signed by any officer equivalent to DSP rank or higher) from the area where the person(s) to be deployed has / have been residing since the last five years. In case the person concerned has not resided at a place for five years at a stretch, Police verification reports should be obtained from that area where the person(s) has / have stayed earlier. 34. The Contractor shall be responsible to arrange/obtain at their own cost all necessary Entry




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Permits including Labour Licenses etc. for their labour as well as trucks and other tools/tackles/equipments/ implements that may be necessary to be taken inside the ONGC�s premises

for execution of the Contract. Any expenditure towards making of the identity cards for all employees/workers/labours, to be deployed by Contractor for the contractual works shall be at Contractor�s cost. 35. The Contractor/their employees shall work in close co-operation and co-ordination with other agencies on the site as well as with the various departments of the Organization. 36. The Contractor shall provide the Contact landline/mobile Telephone nos. in respect of their office & residences and their site supervisors which shall be updated in case of any change to that effect. 37. Tender Rates shall be inclusive of all taxes/excise duties and any other statutory taxes & ESI and shall be binding throughout the contract period. No escalation on the quoted rates for whatsoever reasons shall be accepted for any of the items in Schedule � B of the Contract. 38. The Contractor shall be responsible to arrange vehicles for transportation of their manpower/goods and purchase of any items from the market. Tender rates shall be inclusive of transport/carriage of men/materials required at the worksite. The Contractor shall also arrange necessary stairs/ladders/ scaffoldings as required at site for the execution of works. 39. Nothing extra shall be payable to the Contractor by ONGC for dewatering, de-silting and cleaning of the trenches due to collapsed wall unless otherwise caused by spring, tidal or river seepage, broken water mains and drains. The quoted rates shall be deemed to include necessary shorting or other protective measures to guard against collapsing of the trench sides. 40. The Contractor shall be responsible to provide at their own cost all statutory privileges and facilities including necessary personal protection kits to their employees engaged for execution of the contract as per the law / Rule / Regulations and order of the Central Government, State Government, Local Authorities or other Authorities as are in force from time to time. All the persons engaged by the Contractor for executing the contract shall be employees of the Contractor. If ONGC has to bear any liability on account of the employees of the Contractor, the same will be deducted from his bills or otherwise recovered from the Contractor. The contract labourers deployed by the Contractor shall not claim regularization in ONGC at any circumstances. 41. The works involve working under all conditions (including adverse situation) & all periods in all locations/heights/surfaces � plain/curved etc covered under the scope of the contract. 42. The Contractor or his site supervisor shall obtain and submit the samples of wood, cement, flush, door, steel, tiles, reinforcement, of approved brands or any other materials as specified by ONGC along with applicable material test certificates, which will be approved by EIC before actual use for executing the works. The test certificates along with the samples shall be obtained by the Contractor from reputed / Government laboratory the cost of which shall be borne by the Contractor. 43. Any water tank or pit constructed at the site of the works shall be protected by suitable parapet walls to avoid fall of any cattle or person. The Contractor shall be responsible for any loss and/or damage due to non compliance of this requirement. 44. For RCC works all cement concrete invariably should be mixed in concrete mixers except in emergencies. For small quantities of concrete work where hand mixing if allowed, prior permission of EIC shall be obtained. 45. The bidder whose tender is accepted and LOI is issued, will submit the EPF registration certificate at the earliest to the Engineer In charge of the work.




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46. The bidder has to submit the monthly EPF Challan receipt to the in-charge of the work along with each invoice. 47. All works shall be done strictly according to latest CPWD specifications or Agartala / Tripura PWD specifications wherever applicable. Where the specifications are not covered by CPWD or Tripura PWD specifications, the provision in the relevant IS codes will be applicable. In the event of any discrepancy of above, the decision of Engineer � in - charge shall be final and binding on the contractor. Good workmanship and neat appearance is the prerequisite for all sections of work. The total planning and sequence of different activities must be got approved by the Engineer � in � charge.

Approved List of Materials

Sr. No

Description Approved Source/Brand / Manufacturer

1 Ordinary Portland Cement ISI mark make approved by EIC

2 Reinforcement Steel � TMT bars ISI mark make approved by EIC

3 Coarse aggregate (stone aggregate)

Crusher broken graded stone aggregate from approved quarry

4 Fine aggregate (sand) approved source




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A N N E X U R E - I X

CHECK LIST The bidders are advised in their own interest to ensure that the following points / aspects, in particular, have been complied with in their offer, failing which the offer is liable to be rejected.

A. Please tick the box(es) whichever is / are applicable and cross the box(es) whichever is /

are not applicable.

7B. The check-list, duly filled in, must be returned along with the offer. 1. Whether the period of validity of the offer is as required in the Bidding Documents? Yes No 2. Has the bidder given the details of the past experience along with the names of the

clients to whom similar services have been provided in past, along with their Performance Report?

Yes No

3. Has the tender been prepared in sufficient details as per requirement of Bid evaluation

criteria, Questionnaire for assessment of firm, BEC Matrix and Instructions to

bidders so as to avoid post-tender opening clarifications / amendments?

Yes No

4. Whether all the Appendices of the Bidding Documents, duly filled in, have been enclosed?

Yes No 5. Whether all the Terms and Conditions of the Bidding Document are accepted/

complied?� Yes No

6. Whether acceptance of time schedule of completion accepted/ complied?�




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Yes No 7. Whether the proposal being offered fully conforms to the required technical specification and covers the complete scope? Yes No 8. Has the bidder quoted his (permanent Account Number) for Income Tax Purpose?

Yes No

9. Has the bidder submitted copies of the audited balance sheet of the company for the last two financial years?

Yes No

10. Has the bidder submitted copy of service tax registration number or undertaking to submit the same before first invoice?

Yes No




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ANNEXURE-X

(Schedule of Rates alongwith Blank Percentage Rate Format)

Name of work : Drilling and development of deep Tube Well for drill site KHBM (RKH - 8) at Pacharthal.

Schedule of Rates

Sl No

Description of items Quantity Unit Rate(Rs) Amount(Rs)

1 Drilling and boring of pilot hole of 20cm dia at any strata of soil by direct rotary circulation rig including disposal of soil complete as per direction of the EIC

214.00 Rmt 857.80 183569.20

2 Reaming the pilot hole of 20cm dia to an enlarged bore hole of 55cm dia by using direct rotary circulation rig including disposal of soil complete as per direction of the EIC

44.00 Rmt 822.40 36185.60

3 Reaming the pilot hole of 20cm dia to an enlarged bore hole of 46cm dia by using direct rotary circulation rig including disposal of soil complete as per direction of the EIC

170.00 Rmt 549.00 93330.00

4 Supplying and lowering 300mm dia ERW housing pipes of 8mm (min) thick@62kg/m of approved make ISI marked including all necessary fittings and necessary welding etc. complete as directed by Engineer-in-charge.

40.00 Rmt 4065.85 162634.00

5 Supplying and lowering 200mm dia blind pipes of 8mm (min) thick @42kg/m of approved make TATA/Jindal/Gajanan or Equivalent ISI make iincluding all necessary fittings and necessary welding etc. complete as directed by Engineer-in-charge.

122.00 Rmt 2075.20 253174.40

6 Supplying and lowering 200mm dia ERW M.S. slotted pipes (filter) of 8mm(min) thick@42kg/m of approved make ISI make including all necessary fittings and necessary welding etc. complete as directed by Engineer-in-charge.

43.00 Rmt 2507.22 107810.46

7 Providing and fixing of 200mm dia bail plug of approved quality and make as per the direction of EIC

1.00 Each 761.90 761.90

8 Providing and fixing 30x20 cm/ 35x20 cm reducing socket suitable for E R W pipes as per the direction of EIC

1.00 Each 2647.30 2647.30

9 Supplying and shrouding of washed pea gravels of 2/3 mm effective size in annular space between the pipe assembly and bore hole. Payment shall be made based on stock measurements actually used at site.

35.00 Cum 7312.30 255930.50




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10 Providing and fixing of 30/20 cm dia housing clamp suitable for E R W pipes of approved quality complete as per the direction of EIC

1.00 Each 1805.70 1805.70

11 Washing and Development of tube well by air compressor and including Yield test to be carried out to know the discharge of water from the bore well by 'V'notch method, and testing of the bore well water and submitting to the ONGC along with bore log, strata details, pipe lowering details, strainers position, discharge of well etc as per direction of the Engineer-in-charge.

1.00 Each 23416.90 23416.90

12 Providing and fixing of well cap suitable for pipes of approved quality as per the direction of EIC 1.00 Each 1625.60 1625.60

Total 1122891.56 *Add Service Tax @ 4.944% 55515.76 Total Amount 1178407.32

SAY Rs. 11,78,407.00




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PRCENTAGE RATE FORMAT

Name of work : Drilling and development of deep Tube Well for drill site KHBM

(RKH - 8) at Pacharthal. (Tender No: TC2DC12031) Estimated Cost (including4.944% Service Tax) :- Rs. 11,78,407.00

Name of Bidder:- Vendor Code :-

I/We do hereby agree to

carry out the work at

�........BLANK.....% above

(In Words

��BLANK��..% above)

for all the items of above

schedule of Rates

OR

I/We do hereby agree to

carry out the work at

��BLANK�%below

(In Words

��BLANK�..% below)

for all the items of above

schedule of Rates

OR

I/We do hereby

agree to carry out

the work at PAR for

estimated cost

Rs�BLANK�for all

the items of above

schedule of Rates

Note: 1. Strike out whichever is not applicable. 2. The percentage rates quoted by the bidder is inclusive of all taxes, duties and

levies etc., including works contract tax. 3. *Service Tax Component @ 4.944% has been included as a separate line item in the

schedule of Rates Liability to pay service tax:

i) If Service Provider (Contractor) is a company registered under Companies act 1956,then service tax shall be paid by the service provider i.e., Contractor.

ii) If service provider is an individual, HUF, Partnership Firm whether registered or not, including association of persons, then both contractor (service provider) and ONGC (Service Receiver) has to discharge service tax equally i.e., 50% of the total tax payable.It may be noted that if the service provider is �association of persons�,then also ONGC as the Service Receipient has to pay 50% of the service tax payable.

iii) The �Person� in case of �Association of persons� may be (i) an individual (ii) a Hindu undivided family, (iii) a company (iv) a society, (v) a limited liability partnership, (vi) a firm, (vii) an asdsociation of person or body of individuals, whether incorporated or not ,(viii) Government.

Service Tax paid by the Contractor as per above liability shall be reimbursed as per actuals after payment of service tax to the authorities and submission of receipt to ONGC. Signature & Seal of Bidder

