Annexure V

Tender no. P26AC18003 for Hiring of Services for 2D Seismic Data Acquisition in un-appraised on
land areas of Sedimentary Basins of India Sector 11A (Himalayan Foreland area)

BID EVALUATION CRITERIA

Clause Description
no.
A Bidders are advised not to take any exception/deviations to the bid document. Exceptions/ deviations, if
any, should be brought out during the Pre-bid conference. In case Pre-bid conference is not held, the
exceptions/deviations along with suggested changes are to be communicated to ONGC within the date
specified in the NIT and bid document. ONGC after processing such suggestions may, through an
addendum to the bid document, communicate to the bidders the changes in its bid document, if any.

However, during the evaluation of bids, ONGC may ask the bidder for clarifications/confirmations/deficient
documents of its bid. The request for clarification and the response shall be in writing and no change in
the price or substance of the bid shall be sought or is permitted. If the bidder still maintains
exceptions/deviations in the bid, such conditional/non-conforming bids shall not be considered and may
be rejected.
B REJECTION CRITERIA
B.1 TECHNICAL REJECTION CRITERIA
The following vital technical conditions should be strictly complied with failing which the bid will be rejected:
B.1.1 (a) Bid should be complete and covering the entire scope of job/ supply and should conform to the technical
specifications indicated in the bid documents, duly supported with technical catalogues/ literatures
wherever required. Incomplete and non-conforming bids will be rejected outright.
B.1.1.2 ELIGIBILITY AND EXPERIENCE OF THE BIDDER
B.1.2 Bidder should have executed at least one or multiple contract(s) in the last five (5) years (i.e., LOI/detailed
Contract dated/signed only on 14/09/2013 or after and completed during the period 14/09/2013 to the
date of NIT at ONGC website i.e. 14/09/2018 shall only be considered) with minimum cumulative work
volume of 200 LKM of onland 2D Surveys
B.1.2.1 To this effect, bidder should submit copies of respective contracts along with documentary evidence in
(a) respect of satisfactory execution of each of those contracts in the form of copies of any of the documents
(indicating respective contract number and type of service) such as –
i. Satisfactory completion / performance report (OR)
ii. Proof of release of Performance Security after completion of the contract (OR)
iii Proof of settlement/release of final payment against the contract (OR)

iv. Any other documentary evidence that can substantiate the satisfactory execution of each of the
contracts cited above.
Bidder should submit an experience statement as per the format given at Appendix-H
Note:
If onland seismic data acquisition experience also includes onland 3D or mix of 2D and 3D, the
conversion for 3D survey to 2D survey will be 1 (one) SQKM of 3D survey will be considered equivalent
to 2 LKM of 2D survey.
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B.1.2.1 The bidder should meet the experience criteria detailed at B.1.2.1 (a). above.
(b) In case the bidder is an Incorporated Indian Joint Venture Company, registered in India and incorporated
under the Companies Act 1956 and any amendments thereunder, then the technical experience criteria
laid down in the Technical BEC should be met as under:
(i) the Joint Venture Company by itself should meet the experience criteria or

(ii) the Joint Venture Partner (who can be either a Indian or a foreign company) having a stake of
at least 26% in the Joint Venture Company should meet the technical experience criteria stipulated in the
tender on its own and cannot rely on any other arrangement such as Consortium or Supporting Company
of the JV Partner for meeting the technical experience criteria. Documentary evidence in support of the
above should be submitted along with the techno commercial bid.
(iii) In case of (ii) above, an undertaking from the Joint Venture partner, based on whose experience
the JV seek qualification, shall be submitted with the techno commercial bid stating that they shall
maintain minimum 26% shareholding in the JV till the execution of the contract.
Bids from consortium of companies shall not be considered
B.1.2.2 Eligibility criteria in case bid is submitted on the basis of technical experience of another company
(supporting company) which holds more than fifty percent of the paid up share capital of the
bidder company either directly or through intermediate subsidiaries or vice versa :

Offers of those bidders (not under consortium arrangement) who themselves do not meet the technical
experience criteria as stipulated in the BEC and are quoting based on the experience of another company
(supporting company) can also be considered. In such case the supporting company should hold more
than fifty percent of the paid up share capital of the bidding company either directly or through intermediate
subsidiaries or vice versa.
However, the supporting company should on its own meet the technical experience as stipulated in the
BEC and should not rely on any other company or through any other arrangement like Technical
collaboration agreement. In that case as the bidding company is dependent upon the technical
experience of another company with a view to ensure commitment and involvement of the companies
involved for successful execution of the contract, the participating bidder should enclose the following
Agreements / Guarantees/undertakings along with the techno-commercial bid:
(i) An Agreement (as per format enclosed at Appendix A-1) between the bidder and the
supporting company.
(ii) Guarantee (as per format enclosed at Appendix A-2) by the supporting company to ONGC
for fulfilling the obligation under the Agreement.
(iii) Undertaking by supporting company to provide a Performance Bank Guarantee (as per format
and instructions enclosed at Appendix A-3), equivalent to 50% of the value of the PBG which is to be
submitted by the bidding company, in case the supported bidding company is the successful bidder.
In cases where foreign based supporting company does not have Permanent Establishment in India, the
bidding company can furnish Performance Bank guarantee for an amount which is sum of the PBG
amount to be submitted by the bidder and additional PBG amount required to be submitted by the
supporting company subject to the condition that the supporting company have 100% paid up equity share
capital of the bidder either directly or through intermediate subsidiaries or vice-versa.
In such case bidding company shall furnish an undertaking that their foreign based supporting company
is not having any Permanent Establishment in India in terms of Income Tax Act of India.
(iv) Undertaking from the supporting company to the effect that in addition to invoking the PBG
submitted by the contractor, the PBG provided by supporting company shall be invoked by ONGC due to
non-performance of the contractor.
Note:

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 i. In case supporting company fails to submit Bank guarantee as per (iii) above, EMD/SD submitted by
the bidder shall be forfeited.

B.1.2.3 Eligibility criteria in case bid is submitted on basis of technical experience of such companies
that are controlled by a ultimate controlling company (Applicable for ICB tenders only)
(For the purpose of this clause ‘ Ultimate controlling company’ is the one that hold more than fifty percent
of the paid up share capital of each of the companies viz. the bidding company, all the supporting
companies, intermediate company and “any other company” mentioned in the clause.)

Offers of those bidders (not under consortium arrangement) who themselves do not meet the technical
experience criteria stipulated in the BEC can also be considered based on the experience of the company
within the ultimate controlling company subject to meeting of the following conditions:

i. Provided that the supporting company and the bidding company are both controlled by ultimate
controlling company either directly or through its intermediate company or through ‘any other company’
within the ultimate controlling company.

ii. Provided that the supporting company on its own and not through any other arrangement like Technical
collaboration agreement meets the technical experience criteria stipulated in the BEC.

iii. Provided that with a view to ensure commitment and involvement of the ultimate controlling company
for successful execution of the contract, the bidding company shall enclose an agreement (as per format
enclosed at Appendix A-4) between them, their ultimate controlling company and the supporting
company.

iv. Undertaking by Supporting Company or Ultimate Controlling Company that in case of award, an
additional PBG (as per format and instructions enclosed at Appendix A-3), equivalent to 50% of the
value of the PBG to be submitted by the bidding company, is submitted either by Supporting Company
which supports the bidding company or the Ultimate Controlling Company, in case the supported bidding
company is the successful bidder.
In cases where foreign based supporting company or the Ultimate Controlling Company do not have
Permanent Establishment in India, the bidding company can furnish Performance Bank guarantee for an
amount which is sum of the PBG amount to be submitted by the bidder and additional PBG amount
required to be submitted by the supporting company or the Ultimate Controlling Company subject to the
condition that the supporting company or the Ultimate Controlling Company, as the case may be, has
100% paid up equity share capital of the bidder either directly or through intermediate subsidiaries or
vice-versa.
In such case bidding company shall furnish an undertaking that their foreign based supporting company
or the Ultimate Controlling Company are not having any Permanent Establishment in India in terms of
Income Tax Act of India

v. Provided that the turnover of the ultimate controlling company in the last financial year is more than
US$ 1 billion. Copy of the latest Audited Annual Financial Statements to be submitted by the
ultimate/holding parent company, along with the techno-commercial bid.
Note:
In case supporting company which supports the bidding company or the Ultimate Controlling Company,
fails to submit Bank guarantee as per (iv) above, EMD/SD submitted by the bidder shall be forfeited.
Note for clause No. B.1(2.2) and B.1(2.3):

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 1) A certificate from the Statutory Auditor or Company Secretary or one of the Directors of the bidding
company to establish the relationship and equity percentage holding between bidding company and the
supporting company or bidding company, intermediary company, supporting company and ultimate
controlling company as the case may be.

2) Authorisation letter from one of the Directors of Supporting Company authorising the signatories to
execute the corporate guarantee, duly certified by the Company Secretary of the Supporting Company.

The above certificate/ undertakings/ Authorization letter should be of a date after NIT date.
B.1.2.4 Indian companies/ Joint Venture companies:- Indian bidders whose proposal for Joint Venture involves
foreign equity participation or payment of royalty and / or lump sum for technical know-how and wherever
Govt. approval is necessary, are required to submit copy of Govt. approval, on their application submitted
to SIA, prior to the date of price bid opening.
B.1.2.5 Details of experience and past performance of the bidder and incorporated joint venture partner (in case
of a joint venture), on works/ jobs done of similar nature in the past and details of current work in hand
and other contractual commitments, indicating areas and clients are to be submitted along with the
techno-commercial bid, in support of the experience laid down at para 2.1(a) and 2.1(b) above.
B.1.2.6 In case of bidder intend to deploy expatriates for work, then bidders are required to submit an undertaking
along with the Techno-commercial bid that they would obtain permission / necessary clearance from
Ministry of Home Affairs for all expatriates to be engaged for the work.
B.1.2.7 Bidder should sign the undertaking at Appendix-D of Annexure-III and submit along with un-priced
Techno-Commercial offer.

B.2 Commercial rejection criteria

The following vital commercial conditions should be strictly complied with failing which the bid will be
rejected
1.0 Bid along with all appendices and copies of documents should be submitted in Two-bid system in e-form
through ONGC’s e-bidding engine. The Techno- Commercial bid shall contain all details without indicating
prices of the quoted items. However, a suitable response shall be selected of the given options against
each item of the ‘Online Price Bid format’ to indicate that there is a quote against that item in the Price
bid.

The Price bid shall contain only the prices duly filled in the online price format of ONGC’s e-procurement
engine.
2.0 The price Bids submitted in physical form against e-procurement tenders shall not be given cognizance.
However, the following physical documents (in original) should necessarily be submitted in physical form
in sealed envelope super scribed as “Tender Number and due for opening on…………..” The outer cover
should duly bear the tender number and date of closing/opening prominently underlined, along with the
address of Purchaser’s office, as indicated in Invitation for Bids, so as to reach purchaser’s office (as
indicated in “Invitation to Bid”), [Documents should reach to the purchaser’s office on or before 1600 Hrs.
of the closing date specified for submission of bid through e-bidding portal.]
1. The original bid security.

2.The “Power of Attorney” or authorization, or any other document consisting of adequate proof of the
ability of the signatory to bind the bidder, in original, when the power of attorney is a special “Power of
Attorney” relating to the specific tender of ONGC only.

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 3. A notarized true copy of the “Power of Attorney” shall also be accepted in lieu of the original, if the
power of attorney is a general “Power of Attorney”. However, photocopy of such notarized true copy shall
not be accepted.

4. ‘Integrity Pact’ duly signed.

5. In case of Joint Venture -Undertaking from Joint venture Partner (wherever applicable).

6. Supporting company – (wherever applicable).

(i) An Agreement (as per format enclosed at Appendix A-1) between the bidder and the
supporting company.
(ii) Guarantee (as per format enclosed at Appendix A-2) by the supporting company to ONGC
for fulfilling the obligation under the Agreement.
6. Ultimate controlling company (wherever applicable).
(i) An agreement (as per format enclosed at Appendix A 4) between bidder, their ultimate controlling
company and the supporting Company.
7. Corporate Guarantee from supporting company for Financial criteria (wherever applicable).

3.0 Acceptance of terms & conditions :

The bidder must confirm unconditional acceptance of General Conditions of Contract at Annexure II,
Special Conditions of Contract at Annexure III and Instruction to Bidders at Annexure I.
4.0 Offers of following kinds will be rejected:

(a) Offers made without Bid Security/Bid Bond/Bank Guarantee alongwith the offer (Refer clause 17 of
Instruction to Bidders at Annexure I).

(b) Offer not submitted in e-form through ONGC’s e-procurement engine.

(c) Offers made by Agents / Consultants / Retainers / Representatives / Associates of foreign principals.

(d) Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening of
techno-commercial unpriced bid.

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

(f.i) Offers which do not conform to ONGC’s online price bid format as given in the e-bidding engine.

(f.ii)Offers which do not conform filling of all relevant fields in the online bidding format for the items quoted
by them.

(g)Offers which do not confirm to the mobilisation period indicated in the bid.

(h)Offers which do not confirm to the contract period indicated in the bid.

i)Offers of those bidders who quote mobilization charges which are higher than the limit specified in the
BEC at B2.8.0

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 (j(i))Non-submission of Integrity Pact along with the bid, duly signed by the same signatory who signs the
bids even after giving an opportunity after opening of techno-commercial bids.

(J(.ii)) Offers of the bidders violating the provisions of Integrity pact

(k)Offers and all attached documents not digitally signed using digital signatures issued by an acceptable
Certifying Authority (CA) as per Indian IT Act 2000 by the person as per power of attorney submitted as
per BEC clause B.2.2

(l)Offers not accompanied with a copy of valid GST registration certificate under GST Legislation of India
(m) In case of foreign bidders, if GST registration certificate is not available at the time of submission of
bid, the bidder shall submit an undertaking to provide copy of the same along with first invoice.
(n)Offers not accompanied with an undertaking to provide all the necessary compliances /Invoice
/documents required under GST legislation for enabling ONGC to avail Input tax (GST) credit. (Not
applicable for the bidder who are under composition levy)
(o) 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 on business dealings with ONGC.

(p) Offers not accompanied with the undertaking on the company’s letter head and duly signed by the
signatory of the bid that all the documents/certificates/information submitted by them against the tender
are genuine.
4.1 The offers of the bidders indicating/disclosing prices in the techno commercial (unpriced bid) or at any
stage before opening of price bid shall be straightway rejected.
5.0 Bidder shall 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. Bidder shall also bear, within the quoted
rates, the Corporate Tax, as applicable, on the income arising out of this contract
6.0 FINANCIAL CRITERIA

1. Turnover of Bidders: 50% of annualized bid value or more

2. Net worth of Bidder: 15% of annualized bid value or more

The turnover of bidders to be considered for evaluation shall be the average turnover of the last two years
as brought out at note (vi) below

Subject to provisions under second paragraph of Note (i)-a, Net-worth shall be based on the latest
Audited Consolidated Annual Financial Statements of the bidder with all its subsidiaries.

In case the financial statements submitted by the bidder are in currencies other than INR, BC selling rate
declared by State Bank of India prevailing on the date of publication of NIT shall be considered for
converting it into INR.

The basis of bid value shall be the price quoted by the bidder including duty and taxes, if any, which is
taken into consideration for evaluation. However, in case Customs duty in respect of foreign bidders is
not a part of their quotation, it shall not form basis for determining the bid value.

In case of Two Bid System, in the un-priced bid, the bidder will submit a ‘certificate of compliance’ (as per
format attached at Annexure-I) to the effect that the financial parameters of the bidder are equal to or
more than required value as applicable. In case the information contained in the ‘certificate of
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compliance’, is found to be incorrect later on after opening of price bids, then their bids will be rejected in
case the bidder is not actually meeting the required financial criteria.

Bidder can be a single entity which includes Incorporated Joint Venture

(i)Following documents to be submitted by the bidder:

(a)The bidder shall submit its Audited consolidated financial statement with all its subsidiaries which shall
be the basis for meeting the requirement under Financial Criteria.
In cases where the bidding/supporting company are not required to prepare consolidated financial
statement as per the statute of the country of the bidding/supporting company as applicable, the bidder
shall provide justification for the same along with certificate from a practicing Chartered Accountant or
equivalent to this effect. In such cases the bidder shall submit the consolidated financial account as per
the accounting standards of the country of the bidding/supporting company as the case may be, duly
certified by the practicing chartered accountant or equivalent.

(b)Confirmation to the effect whether the bidder is quoting on his own financial capability or on the financial
capability of his supporting company ( refer note vi(a) below)

(ii) Net worth shall mean: “ Share capital + Reserves created out of profits and securities premium
account (excluding revaluation reserves) – deferred expenditure – Miscellaneous Expenditure to the
extent not written off and carried forward Loss – Reserves created out of write back of depreciation and
amalgamation”.

(iii) The Consolidated Financial Statements should be audited by the auditors appointed under the statute
like Companies Act etc. wherever applicable. In cases where Statutory Audit is not required as per law,
Consolidated Financial statement should be audited by practising Chartered Accountant or equivalent.

Bidder will provide a statement containing the value of each financial parameter required in the tender
based on bidder’s audited consolidated financial statement as defined in BEC.

(iv) For the purpose of ascertaining parameter of Turnover of the bidder, average turnover from operation
of the bidder for the previous two financial years shall be considered. Average turnover from operation of
the bidder for the previous two financial years shall be calculated by dividing the turnover from operation
of previous two years by two, irrespective of the fact that quoted turnover for one particular year is for a
period of less than 12 months or complete 12 months. The bidder will provide a copy each of audited
consolidated annual Financial Statement of bidder with all its subsidiaries for previous two financial years
for ascertaining their turnover. The date (i.e the financial year closing date) of the immediate previous
year’s audited consolidated annual Financial Statement should not be older than eighteen (18) months
from the bid closing date.

(v)-(a) A bidder which is not able to meet the financial criteria by itself, can also submit its bid on the
basis of financial capability of a Supporting Company provided each of the following conditions are
fulfilled:-
1.The bidder is supported by a supporting company which holds more than fifty percent of the paid up
equity share capital of the bidder either directly or through intermediate subsidiaries.

2. The supporting company by itself and not through any other arrangement satisfies the financial criteria
of the BEC.

3.Supporting Company shall furnish additional PBG equivalent to 50% of the amount of PBG submitted
by bidder as per the format provided at Annexure-A.

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 In cases where foreign based supporting company does not have Permanent Establishment in India, the
bidding company can furnish Performance Bank Guarantee for an amount which is sum of PBG amount
to be submitted by the bidder and additional PBG amount required to be submitted by the supporting
company subject to the condition that supporting company has 100% paid up equity share capital of the
bidder either directly or through intermediate subsidiaries.
In such case bidding company shall furnish an undertaking that their foreign based supporting company
is not having any Permanent Establishment in India in terms of Income Tax Act of India.
4. In such cases, all applicable financial parameters viz. Turnover, Net-worth, Working Capital, of the
supporting company only will be considered for evaluation and the financial capability of the bidding entity
will not be considered for evaluation.

(v)-b. Documents to be submitted by the bidder, along with its techno–commercial bid, in case it is
taking financial support from a supporting company:

1. Audited Consolidated Annual financial statement as detailed above in respect of the supporting
company. Bidder will provide a statement containing the value of each financial parameter required in the
tender based on supporting company’s audited consolidated financial statement as defined in BEC.

2.A Corporate Guarantee from the supporting company in the prescribed format at Annexure-B.

3.A certificate from the Statutory Auditor or Company Secretary or one of the Directors of the bidding
company to establish the relationship and equity percentage holding between bidder and the supporting
company.

4. Authorization letter from one of the Directors of Supporting Company authorizing the signatories to
execute the corporate guarantee, duly certified by the Company Secretary of the Supporting Company.

5.Undertaking shall be given by Supporting Company to submit additional PBG equivalent to 50% of the
amount of PBG submitted by bidder as per the format provided at Annexure-A.
Note:
In case Supporting company fails to submit Bank Guarantee as above, EMD/SD submitted by the bidder
shall be forfeited.

6.Undertaking from the supporting company to the effect that in addition to invoking the PBG submitted
by the contractor, the PBG provided by supporting company shall be invoked by ONGC due to non-
performance of the contractor
The above certificates/ undertakings should be of a date after NIT date

Note : The annualized bid value shall be the total evaluated value of bid including GST as per row J of
annexure-IV
7.0 Indian agent is not permitted to represent more than one foreign bidder (Supplier/ Manufacturer/
Contractor) in a particular tender. In case an Indian agent represents more than one foreign bidder
(Supplier/ Manufacturer/ Contractor) in a particular tender, then offers of such foreign bidders (Suppliers/
Manufacturers/ Contractors ) shall be rejected in that tender.
8.0 The Bidder(s) should quote lump sum mobilization charges which should not exceed 2 % (two percent)
of the evaluated contract value. Bidder(s) quoting mobilization charges more than 2 % (two percent) of
their total evaluated contract value, their offer shall be straightway rejected.

Bidder to confirm in their techno-commercial bid that they have not quoted mobilization charges more
than 2 % (two percent) of the evaluated contract value.

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C PRICE EVALUATION CRITERIA
1. While evaluating the bids, the closing B.C. Selling market rates of exchange declared by the State Bank
of India on the day prior to the price bid opening will be taken into account for conversion of foreign
currency into Indian Rupees. Where the time lag between openings of price bid and final decision exceeds
three months, the B.C. selling market rate of exchange declared by SBI on the day prior to date of final
decision will be adopted for conversion of foreign currency into Indian Rupees
2.1 Evaluation of bids:-

The bids received against the subject tender shall be compared and evaluated based on the summation
of the total price for 2D Seismic Data Acquisition as per the Price Format to determine the L-1 bidder,
among the acceptable bidder(s) shortlisted for price bid opening
2.2 Bidders are required to ascertain themselves, the prevailing rates of GST and all other taxes and duties
as applicable on the scheduled date of submission of Price Bids and ONGC would not undertake any
responsibility whatsoever in this regard.
Accordingly, bidders (excluding the Service providers covered under clause C-2.2.1 below) should quote
the prices, clearly indicating the applicable rate of GST / description of service as per GST rules (under
which the respective service is covered), Service Accounting Code, alongwith all other taxes and duties
applicable.
Total price inclusive of GST as applicable shall be taken for evaluation.
In case the GST is not quoted explicitly in the offer, the offer will be considered as inclusive of GST and
also provisions of change in law will not apply.
In the contracts involving multiple services or involving supply of certain goods or materials (which should
be consumable in nature forming part of taxable service) along with the services, the Bidder should give
separate break-up for cost of goods and cost of various services, and quote GST as applicable for the
taxable services.
GST and Customs Duty if any applicable, on input services /capital goods/inputs required to meet the
scope of work will be borne by the bidder within their quoted prices. The bidder must avail eligible input
tax credit of GST and Customs Duty paid on input services /capital goods/ Inputs and benefit of input tax
credit should be passed on to ONGC by way of quoting rate(s) net of input tax credit i.e. value of
goods/service adjusted by input tax credit available to the bidder.
2.2.1 For Services provided to ONGC in taxable Territory of India by foreign service provider providing services
from outside India who does not have any fixed place of business or residence in India, or as per relevant
provisions of tender document, where the liability to pay 100% GST is on ONGC, the bidder should not
include the GST in his quoted price. However, the GST as applicable will be loaded on the quoted price
for the purpose of evaluation.
2.2.4 As GST is being taken into account for the purpose of evaluation of bids, the rate of GST as prevailing on
the date of bid closing will be taken into consideration for the propose of evaluation of bids. However, if
there is any change in the rate of GST after the date of bid closing but prior to award of the contract due
to which there is any change in the original ranking of bidders, then the bidder who has emerged lowest
based on the rate of GST as prevailing on the date of bid closing would be considered for award of
contract but subject to matching his prices with the bidder who has emerged lowest as a result of
modification in GST. In case originally evaluated L-1 bidder fails to match the price (of the bidder who
emerges L-1 due to change in GST rate) then the award of contract will go to the bidder who subsequently
emerges L-1 due to change in GST rate.

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3.0 PURCHASE PREFERENCE POLICIES

3.1 Purchase preference to Micro and Small Enterprises registered with district industry centers or Khadi and
Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small
Industries Corporation or Directorate of handicrafts and handloom or any other body specified by ministry
of MSME.

In case participating MSEs quote price within price band of L1+15%, such MSE shall be considered for
award of contract by bringing down their price to L1 price in a situation where L1 price is from someone
other than a MSE. In case of more than one such MSE qualifying for 15% purchase preference, the
contract shall be awarded to lowest eligible MSE amongst the MSEs qualifying for 15% purchase
preference.

Note: The tendered services cannot be procured from multiple sources and are absolutely non splitable /
non-dividable.
3.2 Purchase preference Policy (Linked with Local Content) (PP-LC)

Purchase preference policy-linked with Local Content (PP-LC) notified vide letter No. O-27011/44/2015-
ONG/II/FP dated 25.04.2017 of MoPNG shall be applicable in this tender (details enclosed in tender)
Bidders seeking benefits under Purchase Preference Policy (linked with Local Content) (PP-LC) shall
have to comply with all the provisions specified at ITB clause. No.29.2 and shall have to submit all
undertakings/documents applicable to this policy.
3.3 Allowing Preference to eligible MSE bidder(s) over PP-LC bidder(s)

(i) Where both MSE and PPLC bidder(s) are entitled to Purchase Preference and neither of them is L-1,
eligible MSE(s) (in order of ranking among MSEs) shall get preference over eligible PPLC bidder(s) to
match its rates with that of L-1 bidder. However, if eligible MSE(s) decline(s) to match down the price,
then the eligible PPLC bidder(s) in order of ranking among themselves shall be given the opportunity to
match down its price to the price of L-1 bidder.

(ii) Where MSE is already L-1 in the tender evaluation, contract shall be straightway awarded to MSE,
without considering any Purchase Preference for PPLC bidder.

(iii) In case L1 bidder is a PP-LC bidder, purchase preference shall be resorted to MSE bidder as per
‘PPP for MSE-Order 2012’.
D GENERAL
1. The bidder/contractor is prohibited to offer any service / benefit of any manner to any employee of ONGC
and that the bidder/contractor may suffer summary termination of contract / disqualification in case of
violation.
2. The BEC over-rides all other similar clauses operating anywhere in the Bid Document.

3. On-site inspection will be carried out by ONGC’s officers/representative/ Third Parties at the discretion of
the ONGC.

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 Appendix No A-1

FORMAT OF AGREEMENT BETWEEN BIDDER AND THEIR SUPPORTING COMPANY

(Refer Experience Criteria clause no. B.1.2.2)
(TO BE EXECUTED ON STAMP PAPER OF REQUISITE VALUE AND NOTORISED)

This agreement made this ___ day of ____ month ____ year by and between M/s. ____________________ (Fill in
the Bidder’s full name, constitution and registered office address) Corporate Identity Number --------- hereinafter
referred to as bidder on the first part and M/s. ___________ (Fill in full name, constitution and registered office address
of company which hold more than fifty percent of the paid up share capital of the bidding company / company in which
it holds more than fifty percent of the paid up share capital. as the case may be) Corporate Identity Number ---------
hereinafter referred to as “Supporting Company” of the other part:
WHEREAS
M/s. Oil and Natural Gas Corporation Limited (hereinafter referred to as ONGC) Corporate Identity Number --------- has
invited offers vide their tender No. _____________ for _________________ and M/s. __________________(Bidder)
intends to bid against the said tender and desires to have technical support of M/s. ________________[Supporting
Company)] and whereas Supporting Company represents that they have gone through and understood the
requirements of subject tender and are capable and committed to provide the services as required by the bidder for
successful execution of the contract, if awarded to the bidder.
Now, it is hereby agreed to by and between the parties as follows:
1. M/s.____________(Bidder) will submit its bid to ONGC for the full scope of work as envisaged in the tender
document and liaise with ONGC directly for any clarifications etc. in this context.
2. M/s. _________ (Supporting Company) undertakes to provide technical support and expertise, expert
manpower and procurement assistance and project management to support the bidder to discharge its
obligations as per the Scope of work of the tender / Contract for which offer has been made by the Supporting
Company and accepted by the bidder.
3. The Bidder/Supporting Company holds more than 50 % paid up equity capital of the Supporting
Company/Bidder.
4. This agreement will remain valid till validity of bidder’s offer to ONGC including extension if any and till
satisfactory performance of the contract in the event the contract is awarded by ONGC to the bidder.
5. It is further agreed that for the performance of work during contract period bidder and Supporting Company
shall be jointly and severely responsible to ONGC for satisfactory execution of the contract.
6. However, the bidder shall have the overall responsibility of satisfactory execution of the contract awarded by
ONGC.
In witness whereof the parties hereto have executed this agreement on the date mentioned above.

For and on behalf of For and on behalf of

(Bidder) (Supporting Company)
M/s. M/s.
Witness: Witness:
1) 1)
2) 2)

197
 Appendix A-2
GURANTEE BY THE SUPPORTING COMPANY / GUARANTOR
(Refer Experience Criteria clause no. B.1.2.2)
THIS DEED OF GUARANTEE executed at ……….. this …….. day of ……… by M/s ………………………… (mention
complete name) a company duly organized and existing under the laws of …………………. (insert jurisdiction/country),
having Corporate Identity Number ---------and its Registered Office at ……………………………………… hereinafter
called “the Guarantor and or the Supporting company ”which expression shall, unless excluded by or repugnant to the
subject or context thereof, be deemed to include its successors and permitted assigns.
WHEREAS
1. M/s Oil & Natural Gas Corporation Limited, a company duly incorporated under the Companies Act 1956, having
Corporate Identity Number ----------and its Registered Office at ------------------------------------- and having an office,
amongst others, at …………… (insert purchase centre address) hereinafter called “ONGC ” which expression shall
unless excluded by or repugnant to the context thereof, be deemed to include its successor and assigns, has invited
tender number ………………… for …….. on …………..
2. M/s ………………….. (mention complete name), a company duly organized and existing under the laws of
……………. (insert jurisdiction/country), having Corporate Identity Number ----------and its Registered Office at
…………………….. (give complete address) hereinafter called “the Bidder and or Contractor as the context may require
which expression shall, unless excluded by or repugnant to the subject or context thereof, be deemed to include its
successor and permitted assigns, have in response to the above mentioned tender, submitted their bid bearing number
…………………… to ONGC
3. The Bidder/Guarantor Company holds more than 50 % paid up equity capital of the Supporting Company/Bidder.
4. The Guarantor Company meets all the Experience criteria parameters stipulated under the aforesaid tender and
wishes to support the Bidder to make it eligible to submit its bid.
5. ONGC is willing to consider the bid of the Bidder Company only if the bid is accompanied with a guarantee from the
Guarantor Company guaranteeing technical support for satisfactory performance of the work covered under the said
tender including any change therein as may be deemed appropriate by ONGC Corporation at any stage.
The Guarantor represents that they have read the terms and conditions and understood the requirement of the above
said tender and are capable of and committed to provide technical and such other supports as may be required by the
Bidder Company for successful execution of the same.
Accordingly, at the request of the Bidder Company and in consideration of and as a requirement of the aforesaid tender,
the Guarantor hereby gives this guarantee to ONGC and undertakes as follows:

1. The Guarantor unconditionally agrees that in case of non-performance by the Bidder / Contractor
Company of any of its obligations under the Bid or the Contract that may be awarded in any
respect, the Guarantor shall, immediately on receipt of notice of demand from ONGC, take up
the job without any demur or objection, in continuation and without loss of time and without any
cost to the Corporation and duly perform the obligations of the Company to the satisfaction of
the Corporation.

2. The Guarantor agrees that the Guarantee herein contained shall remain valid and enforceable
till the satisfactory execution and completion of the work (including discharge of the warranty
obligations) under the contract that may be awarded to the Bidder/ Contractor.

198
 3. The Guarantor shall be jointly with the Bidder / Contractor as also severally responsible to
ONGC for satisfactory performance of the contract that may be awarded to the Bidder /
Contractor by ONGC.

4. The liability of the Guarantor, under the Guarantee, is limited to the liability of the Contractor as
per the Contract.

5. The Guarantor represents that this Guarantee has been issued after due observance of the
appropriate laws in force in India. The Guarantor hereby undertakes that the Guarantor shall
obtain and maintain in full force and effect all the governmental and other approvals and
consents that are necessary and do all other acts and things necessary or desirable in
connection therewith or for the due performance of the Guarantor’s obligations hereunder.

6. The Guarantor also agrees that this Guarantee shall be governed and construed in accordance
with the laws in force in India and shall be subject to the exclusive jurisdiction of the courts
of ……….., India.

7. The Guarantor hereby declares and represents that this Guarantee has been given without any
undue influence or coercion from any person and that the Guarantor has fully understood the
implications of the same.

8. In case of award of contract to the bidder, the Guarantor shall provide Performance Bank
Guarantee to ONGC, equivalent to 50% of the value of Performance bank Guarantee to be
submitted by the bidding company, in the prescribed format within 15 days from the date of
Notification of Award, as guarantee for performance by the bidder/contractor. The Guarantor
hereby expressly agrees that if in the opinion of ONGC, the Bidder / Contractor has failed to
perform its obligations under the contract in any manner, ONGC shall have unfettered right to
invoke the said Bank guarantee. The guarantor hereby agrees that decision of ONGC about
performance of the bidder / contractor shall be final and shall not be questioned by the Guarantor.
Guarantor shall have no objection to invocation of the Performance Bank Guarantee submitted
by the Guarantor.
9. The Guarantor represents and confirms that the Guarantor has the legal capacity, power and
authority to issue this Guarantee and that giving of this Guarantee and the performance and
observations of the obligations hereunder do not contravene any existing law or any judgment.

For & on behalf of (Supporting Company)

M/s __________________________
Witness: Signature__________________
1.Signature________________ Name_____________________
Full Name _________________ Designation ________________
Address___________________ official seal_________________

2.Signature________________

199
 Full Name _________________
Address___________________

Instructions:

(i) The above agreement shall be acceptable, only if singed by any of the following officials (who are empowered to
sign such agreements) from the respective companies:

 CEO, (or)
 any of the full time Directors at the Board level, (or)
 Proprietor in case of Sole Proprietorship concerns, (or)
 all Partners (or any of the Partners holding power of attorney on behalf of other Partners) in case of
Partnership concerns, (or)
 any official holding valid authorization for signing such agreements.

200
 Appendix A 3

Proforma of Bank Guarantee towards Performance Security by the Supporting Company / Ultimate
Controlling Company (as the case may be) of the bidding company.
(Refer Experience Criteria clause nos. B.1.2.2 & B.1.2.3)
PERFORMANCE GUARANTEE

Ref. No. ____________________________________

Bank Guarantee No __________________________ Dated___________ _______________

To,

Oil & Natural Gas CORPORATION LIMITED

_____________________________
_____________________________
India

Dear Sirs,

1. In consideration of Oil & Natural Gas CORPORATION Limited, incorporated under the Companies Act, 1956,
having its Registered Office at ------------------------------ New Delhi-110001, India Corporate Identity Number ---------and
one of its offices at _____________________ (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 ______________________Corporate Identity Number --------- (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).

Further, M/s _____________ (Name of the Supporting company) having its registered/head office at
______________________Corporate Identity Number --------- based on whose experience/technical strength, the
CONTRACTOR has qualified for award of contract (hereinafter referred to as the 'SUPPORTING COMPANY') which
expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators,
executors and assignees) has agreed to provide complete technical and other support to the CONTRACTOR for
successful completion of the contract as mentioned above, entered between ONGC and the CONTRACTOR and
ONGC having agreed that the 'SUPPORTING COMPANY' shall furnish to ONGC a performance guarantee for Indian
Rupees/US$ .............. towards providing complete financial and other support to the CONTRACTOR for successful
completion of the contract as mentioned above,

201
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./US$ (in figures) __________ (Indian Rupees/US Dollars (in
words)_____________________________) without any demur, reservation, contest or protest and/or without any
reference to the 'SUPPORTING COMPANY'. 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 'SUPPORTING COMPANY' 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 'SUPPORTING COMPANY' and notwithstanding
any security or other guarantee that ONGC may have in relation to the 'SUPPORTING COMPANY’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.

6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of ONGC or that of
the 'SUPPORTING COMPANY'.

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 purchase CONTRACT has been
placed.
9. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to Indian
Rs./US$ (in figures) _________________ (Indian Rupees/US Dollars (in words) ________________ only) and our
guarantee shall remain in force until (indicate the date of expiry of bank guarantee) _________.

202
 All Claims of ONGC (beneficiary) against this Bank Guarantee, shall be remitted by the
………………………..…………..(Bank’s name to be inserted) to the following account of ONGC only through electronic
transfer of funds, unless otherwise specifically communicated by ONGC:

Beneficiary Account Name : Oil and Natural Gas Corporation Limited

Bank Name : State Bank of India
Branch : Diamond Garden, Swastik Chambers, Chembur,
Mumbai – 400071. Tel No. 022-2527 3906 / 3907.
Branch Code : 13340 [Diamond Garden, Chembur]
Bank Account No. : 00000010503587683
IFSC Code : SBIN0013340
For foreign currency Bank Guarantee, detail of Nostro Account as under to be indicated additionally for respective
currency.
Through State Bank of India Nostro Account:
NAME OF BANKS CURRENCY A/C NUMBER SWIFT BIC
SBI Frankfurt EUR 52607101120001 SBINDEFF
SBI London GBP 35601 SBINGB2L
SBI Tokyo JPY 10177001220001 SBINJPJT
SBI New York USD 77600125220002 SBINUS33

In witness whereof, the Bank, through its authorised officer, has set its hand and stamp on this ........ day of
........... at .....................
WITNESS NO. 1 ________________
-------------------------- (Signature)
(Signature) Full name, designation and address (in legible letters)
with Bank stamp
Full name and official

address (in legible letters) Attorney as per power of Attorney No.............

Dated ....................
WITNESS NO. 2
--------------------------
(Signature)
Full name and official
address (in legible letters)

203
 (Appendix No A-4)
FORMAT OF AGREEMENT BETWEEN BIDDER THEIR SUPPORTING COMPANY AND THE ULTIMATE
CONTROLLING COMPANY (Refer Experience Criteria clause no. B.1.2.3)
(TO BE EXECUTED ON STAMP PAPER OF REQUISITE VALUE AND NOTORISED)

This agreement made this ___ day of ____ month ____ year by and between M/s. ____________________ (Fill in
Bidder’s full name, constitution and registered office address) ___________ Corporate Identity Number ---------
hereinafter referred to as “Bidder” of the first part and
M/s. ___________ (Fill in full name, constitution and registered office address of Supporting Company of the Bidder)
Corporate Identity Number ---------herein after referred to as “Supporting Company” of the second part and
M/s______________(Fill in the full name, constitution and registered office address of the Ultimate Controlling
Company of both the companies viz. bidder and the supporting company) hereinafter referred to as “Ultimate
Controlling Company” of the third part.
WHEREAS
M/s. Oil & Natural Gas Corporation Limited Corporate Identity Number --------- (hereinafter referred to as ONGC) has
invited offers vide their tender No. _____________ for __________ and

M/s. ____________(Bidder) intends to bid against the said tender and desires to have a technical support of M/s.
_________(Supporting Company) and

Supporting Company represents that they have gone through and understood the requirements of subject tender and
are capable and committed to provide the services as required by the bidder for successful execution of the contract,
if awarded to the bidder.

Now, it is hereby agreed to by and between all the three parties as follows:

1. M/s._______(Bidder) will submit an offer to ONGC for the full scope of work as envisaged in the tender document.
2. M/s. _______(Supporting Company) undertakes to provide technical support and expertise and expert
manpower, material, if any, to support the bidder to discharge its obligations as per the Scope of work of the
tender / Contract for which offer has been made by the bidder.
3. This agreement will remain valid till validity of bidder’s offer to ONGC including extension if any and also till
satisfactory performance of the contract in the event the bid is accepted and contract is awarded by ONGC to
the bidder.
4. Supporting Company unconditionally agrees that in case of award of contract to the Bidder, if the Bidder is unable
to execute the contract, they shall, immediately on receipt of notice by ONGC, take up the job without any demur
or objection, in continuation without loss of time and without any extra cost to ONGC and duly perform the
obligations of the Bidder/Contractor to the satisfaction of ONGC.
5. The Ultimate Controlling Company also confirms and undertakes that the commitment made by the supporting
company in providing the technical support and technical expertise and expert manpower to support the bidder
for execution of the contract are honoured.
6. The Ultimate Controlling Company also takes full responsibility in getting the contract executed through the
supporting company in case the Bidder/Contractor is unable to execute the contract.
7. In witness whereof the parties hereto have executed this agreement on the date mentioned above.

204
 For and on behalf of For and on behalf of For and on behalf of
(Bidder) (supporting comapany) (Ultimate Controlling Company)
M/s. M/s. M/s.
Witness Witness Witness
1) 1) 1)
2) 2) 2)

Note: In case of contracts involving - (a) manufacture/supply (b) installation and commissioning (c) servicing and
maintenance of any equipment, as the bidding company can draw on the experience of their multiple supporting
companies specializing in each sphere of activity, i.e. (a) manufacture/supply (b) installation and commissioning (c)
servicing and maintenance, therefore, in that case, the above format shall be signed by all the supporting company(ies)
and necessary modifications may be made in the above format to include all supporting companies.

205
 Annexure-A
Proforma of Bank Guarantee towards Performance Security by the Supporting Company of the bidding
company (Refer BEC clause no. B.2.2.6 on Financial Strength)
PERFORMANCE GUARANTEE

Ref. No. ____________________________________ Bank Guarantee No __________________

Dated
To,

Oil & Natural Gas CORPORATION

_____________________________
_____________________________
India

Dear Sirs,
1. In consideration of Oil & Natural Gas CORPORATION Limited, incorporated under the Companies Act, 1956,
having its Registered Office at ------------------------------ New Delhi-110001, India and one of its offices at
_____________________ (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).
Further, M/s _____________ (Name of the Supporting company) having its registered/head office at
______________________(hereinafter referred to as the 'SUPPORTING COMPANY') which expression shall,
unless repugnant to the context or meaning thereof include all its successors, administrators, executors and
assignees) has agreed to provide support to the CONTRACTOR for successful completion of the contract as mentioned
above, entered between ONGC and the CONTRACTOR and ONGC having agreed that the 'SUPPORTING
COMPANY' shall furnish to ONGC a performance guarantee for Indian Rupees/US$ .............. towards providing
support to the CONTRACTOR for successful completion of the contract as mentioned above,

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./US$ (in figures) __________ (Indian Rupees/US Dollars (in
words)_____________________________) without any demur, reservation, contest or protest and/or without any
reference to the 'SUPPORTING COMPANY'. 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
206
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 'SUPPORTING COMPANY' 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 'SUPPORTING COMPANY' and notwithstanding
any security or other guarantee that ONGC may have in relation to the 'SUPPORTING COMPANY’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.
6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of ONGC or that of
the 'SUPPORTING COMPANY'.
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 purchase CONTRACT has been
placed.
9. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to Indian
Rs./US$ (in figures) _________________ (Indian Rupees/US Dollars (in words) ________________ only) and our
guarantee shall remain in force until (indicate the date of expiry of bank guarantee) _________.

All Claims of ONGC (beneficiary) against this Bank Guarantee, shall be remitted by the
………………………..…………..(Bank’s name to be inserted) to the following account of ONGC only through electronic
transfer of funds, unless otherwise specifically communicated by ONGC:

Beneficiary Account Name : Oil and Natural Gas Corporation Limited

Bank Name : State Bank of India
Branch : Diamond Garden, Swastik Chambers, Chembur,
Mumbai – 400071. Tel No. 022-2527 3906 / 3907.
Branch Code : 13340 [Diamond Garden, Chembur]
Bank Account No. : 00000010503587683
IFSC Code : SBIN0013340

207
For foreign currency Bank Guarantee, detail of Nostro Account as under to be indicated additionally for respective
currency.

Through State Bank of India Nostro Account:

NAME OF BANKS CURRENCY A/C NUMBER SWIFT BIC

SBI Frankfurt EUR 52607101120001 SBINDEFF
SBI London GBP 35601 SBINGB2L
SBI Tokyo JPY 10177001220001 SBINJPJT
SBI New York USD 77600125220002 SBINUS33

In witness whereof, the Bank, through its authorised 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) 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)

208
 Annexure – B
GURANTEE BY THE SUPPORTING COMPANY/GUARANTOR
(Refer BEC clause no. B.2.2.6 on Financial Strength)
THIS DEED OF GUARANTEE executed at ……….. this …….. day of ……… by M/s ………………………… (mention
complete name) a company duly organized and existing under the laws of …………………. (insert jurisdiction/country),
having Corporate Identity Number ---------and its Registered Office at ……………………………………… hereinafter
called “the Guarantor and or the Supporting company ”which expression shall, unless excluded by or repugnant to the
subject or context thereof, be deemed to include its successors and permitted assigns.

WHEREAS

1. M/s Oil & Natural Gas Corporation Limited, a company duly incorporated under the Companies Act 1956, having
Corporate Identity Number ----------and its Registered Office at ------------------------------------- and having an office,
amongst others, at …………… (insert purchase centre address) hereinafter called “ONGC ” which expression shall
unless excluded by or repugnant to the context thereof, be deemed to include its successor and assigns, has invited
tender number ………………… for …….. on …………..

2. M/s ………………….. (mention complete name), a company duly organized and existing under the laws of
……………. (insert jurisdiction/country), having Corporate Identity Number ----------and its Registered Office at
…………………….. (give complete address) hereinafter called “the Bidder and or Contractor as the context may require
which expression shall, unless excluded by or repugnant to the subject or context thereof, be deemed to include its
successor and permitted assigns, have in response to the above mentioned tender, submitted their bid bearing number
…………………… to ONGC.

3. The Bidder does not meet the financial criteria required under the aforesaid tender.

4. The Guarantor Company holds more than 50 % paid up equity capital of the Bidder.

5. The Guarantor Company meets all the financial criteria parameters stipulated under the aforesaid tender and wishes
to support the Bidder to make it eligible to submit its bid.

ONGC is willing to consider the bid of the Bidder Company only if the bid is accompanied with a guarantee from the
Guarantor Company guaranteeing financial support for satisfactory performance of the work covered under the said
tender including any change therein as may be deemed appropriate by ONGC Corporation at any stage.
The Guarantor represents that they have read the terms and conditions and understood the requirement of the above
said tender and are capable of and committed to provide financial support as may be required by the Bidder Company
for successful execution of the same.

Accordingly, at the request of the Bidder Company and in consideration of and as a requirement of the aforesaid tender,
the Guarantor hereby gives this guarantee to ONGC and undertakes as follows:

209
1. In case of award of contract to the bidder, the Guarantor shall provide Performance Bank Guarantee to ONGC,
equivalent to 50% of the value of Performance bank Guarantee to be submitted by the bidding company, in
the prescribed format within 15 days from the date of Notification of Award, as guarantee for performance by
the bidder/contractor. The Guarantor hereby expressly agrees that if in the opinion of ONGC, the Bidder /
Contractor has failed to perform its obligations under the contract in any manner, ONGC shall have unfettered
right to invoke the said Bank guarantee. The guarantor hereby agrees that decision of ONGC about
performance of the bidder / contractor shall be final and shall not be questioned by the Guarantor. Guarantor
shall have no objection to invocation of the Performance Bank Guarantee submitted by the Guarantor.

2. The Guarantor agrees that the Guarantee herein contained shall remain valid and enforceable till the
satisfactory execution and completion of the work (including discharge of the warranty obligations) under the
contract that may be awarded to the Bidder/ Contractor.

3. The Guarantor represents that this Guarantee has been issued after due observance of the appropriate laws
in force in India. The Guarantor hereby undertakes that the Guarantor shall obtain and maintain in full force
and effect all the governmental and other approvals and consents that are necessary and do all other acts
and things necessary or desirable in connection therewith or for the due performance of the Guarantor’s
obligations hereunder.

4. The Guarantor also agrees that this Guarantee shall be governed and construed in accordance with the laws
in force in India and shall be subject to the exclusive jurisdiction of the courts of ……….., India.

5. The Guarantor hereby declares and represents that this Guarantee has been given without any undue
influence or coercion from any person and that the Guarantor has fully understood the implications of the
same.

6. The Guarantor represents and confirms that the Guarantor has the legal capacity, power and authority to
issue this Guarantee and that giving of this Guarantee and the performance and observations of the
obligations hereunder do not contravene any existing law or any judgment.

For & on behalf of (Supporting Company)

M/s __________________________
Witness: Signature__________________
1.Signature________________ Name_____________________
Full Name _________________ Designation ________________
Address___________________ official seal_________________

2.Signature________________
Full Name _________________
Address___________________
Instructions:

210
(i) The above agreement shall be acceptable, only if singed by any of the following officials (who are empowered to
sign such agreements) from the respective companies:

 CEO, (or)
 any of the full time Directors at the Board level, (or)
 Proprietor in case of Sole Proprietorship concerns, (or)
 all Partners (or any of the Partners holding power of attorney on behalf of other Partners) in case of
Partnership concerns, (or)
 any official holding valid authorization for signing such agreements.

211