OIL AND NATURAL GAS CORPORATION LTD.

RAJAHMUNDRY ASSET, RAJAHMUNDRY

BID DOCUMENT FOR

Hiring of Group Gathering Station at Nagayalanka JV project, ONGC Rajahmundry

Asset for a period of 3 years.

E-TENDER NO. K16KL23006

Office of Incharge MM
Material Management Dept., Contract cell,
First Floor, Godavari Bhavan,
ONGC Base Complex,
Rajahmundry, Andhra Pradesh - 533106

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 OIL AND NATURAL GAS CORPORATION LIMITED
RAJAHMUNDRY ASSET
Office of Incharge MM, First Floor, Godavari Bhavan,
ONGC Base Complex, Rajahmundry, Andhra Pradesh - 533106

Ph No.0883-2494465/2494475/2494469, Fax No. 0883-2427788/2436502

Ref. No. Dtd:02.08.2023

To,

NOTICE INVITING TENDER (NIT)

(on Limited tender basis under National Competitive Bidding)
Dear Sir,

1. Oil and Natural Gas Corporation Limited, ONGC-Rajahmundry Asset, MM dept, invites bids
under, two bid system through Indigenous e-procurement in Limited tender in the prescribed
tender form, for “Hiring of Group Gathering Station at Nagayalanka JV project, ONGC
Rajahmundry Asset for a period of 3 years.” The prescribed Bid Forms for submission of bids
are available in the tender document. The general details of tender can be viewed in the ‘Technical
RFX' in Bid invitation screen (http://etender.ongc.co.in).

1. Tender No. K16KL23006

Hiring of Group Gathering Station at
2. Description of the case Nagayalanka JV project, ONGC Rajahmundry
Asset for a period of 3 years.
Type & System of Tender National Competitive Bidding Limited tender
3.
under Two Bid System.
4. Tender Fee Nil
5. Date of NIT 02.08.2023
Start date of participation in the
6. tender to closing date for 02.08.2023, 15:00 hrs to 01.09.2023, 15:00 hrs
participation in the tender
12.08.2023

Note: Please note that queries if any raised by

the bidders shall be restricted to scope of work &
Last date for receipt of Queries of
technical specifications, Technical BEC, special
bidders via mail or in e-portal.
conditions of contract and mobilization/ contract
period only and queries on provisions of GCC
7. Last date to receive requests for
and other standard provisions/ proforma/ format
tender enquiries from vendors
of the tender document shall not be given any
whose name not included in
cognizance.
original list attached at PQC.
Further also note that queries received after the
prescribed cut-off date shall not be given any
cognizance.

8. Pre bid conference Not applicable.

Closing Date & time for submission
9. 01.09.2023, 15:00 hrs.
of bids
Date & time of opening of techno-
10. 01.09.2023, 15:30 hrs.
commercial bids

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 Closing Date & time for submission
11. 01.09.2023, 15:00 hrs.
of physical documents
Date & time of opening of physical
12. 01.09.2023, 15:30 hrs.
documents.
Opening of Price Bids shall be intimated later on.
13. Price bid opening
90 days from the date of techno-commercial bid
14. Bid validity
opening.
Rs.44,85,000.00
15. EMD / bid bond Refer clause 17 of Instruction to Bidders at
Annexure I for full details.
Purchase Preference Policy for Make In India
(PPP-MMI) policy is applicable in this tender as
brought out at para 29.2 of Instructions to
16. PPP-MII Policy
Bidders. Please refer to para 29.2 of Instructions
to Bidders of tender for details about PPP-MII
policy applicable to this tender.
Bidder is required to mobilize complete set of
equipment and manpower as per Scope of Work
17. Mobilization period and specifications of tender document so as to be
ready within the mobilization period of 9 months
from the date of NOA.
The Contract shall be valid for a period of Thirty
Six (36) months from the date of successful
18. Duration of Contract completion of 72 hrs. Process test run, after
commissioning of the plant or by 18.07.2024
(00:00:00 hrs.), whichever is later.
Security deposit / Performance Amount: 10% of the annualized contract value
19.
Security Validity: 90 days beyond the contract completion.
Shri C Palani Kumar, CGM – I/c MM, 0883-249-
4465. Mail: kumar_cp9@ongc.co.in

Contact person(s) and contact Shri Senthil B, GM (MM), 0883-249-4475. Mail:

20.
details. b_senthil@ongc.co.in

Shri K Kiran Kumar, Manager (MM), 0883-249-

4469. Mail: Katikala_kiran@ongc.co.in

Executive Director - Asset Manager, ONGC,

21. Competent Purchase Authority
Rajahmundry Asset, Rajahmundry.

Tender organizing location / Office of CGM (MM) – I/C MM, Materials

purchaser’s office & Management Department, First Floor, C – Wing,
22.
correspondence address pertains toGodavari Bhavan, ONGC Base Complex,
this e-tender. Rajahmundry - 533106, Andhra Pradesh, India.
i. Mr.M.S. Shabeer Ahamed, Manager MM -
Name, Designation, Contact 0883-2494471.
Numbers And Location Of Tender ii.Mr. JK Singh, Manager MM (Leave Reserve)-
Receiving Officers 0883-2494504.
23.
LOCATION OF SUBMISSION OF EMD IN
PHYSICAL:
1ST FLOOR, C-WING, ROOM NO.10,
MATERIALS MANAGEMENT DEPT.,

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 GODAVARI BHAVAN, BASE COMPLEX,
ONGC, RAJAHMUNDRY-533106 (A.P.)

E-MAIL ADDRESS TO RAISE Central SRM Helpdesk

QUERY IN CASE OF TECHNICAL ONGC, Scope Minar , New Delhi
PROBLEM WITH E-TENDER ongcsrmhelp@ongc.co.in
PORTAL
Kindly communicate through e-mail only and
mention your vendor code /Tender
24. No./Response No. etc. in the mail.
Download Guidelines to Bidders and read the
document thoroughly.
Install Class 3 Digital Signature on your
PC/Laptop and use only Microsoft Internet
Explorer recommended Version 10.0 or
above.
E-MAIL ADDRESS TO RAISE VENDORMGT@ONGC.CO.IN
QUERY IN CASE OF USER ID
25.
RELATED ISSUES WITH E-
TENDER PORTAL

Notes:
1.0 This is a limited NCB e-tender and only those vendors already shortlisted by
ONGC & its JV partner are eligible to participate in the tender. However any other
prospective bidder who wish participate in the tender can send their request by
mail within 10 days from the start date of participation in the tender requesting
for issue of tender document along with documentary proof to establish their
compliance with the pre-qualification criteria (PQC) uploaded with the tender
document.

ONGC after necessary verifications & acceptance of documents submitted by

the bidders towards meeting the pre-qualification may issue/upload non-
transferable bidding document through e-procurement website of ONGC
(https://etender.ongc.co.in) within the time specified for the issue of tender
documents and use the same for participating in the tender.

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

ONGC expects bidders to confirm compliance to tender terms and conditions and
specifications, failing which the bids are liable to be rejected. Hence all 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.

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 to the requirements of bid documents may be rejected without any further
opportunity.

3.0 Two Bid System shall be followed for this e-tender. Bidders should take due care to
submit their bids in accordance with the requirement and as per the instructions given
in the tender document(s) as well in e-procurement web portal.

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4.0 The bid along with all appendices and copies of documents (except copies of the
documents required in physical form) should invariably be submitted in the ‘document
area in C-folder’ through ONGC’s e-bidding portal, before the scheduled date and time
for the tender closing. All the documents uploaded shall be digitally signed by the
authorized signatory of the bidder.
Each file should be digitally signed and then uploaded. The file(s) should not be zipped
in a folder and then digitally signed. The password protected e-bids (Techno-
commercial / Price bids), which require the password to open the file, will not be
considered.

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 format at Appendix-..... (Bidders Response Sheet) 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 on-line price format of ONGC’s e-procurement engine. The
price bids submitted in physical form against e-procurement tenders shall not be given
any cognizance.

However, the following documents should be submitted in physical form, in a

sealed envelope super-scribed as “Physical documents against e-procurement
Tender Number K16KL23006, due on ………… (Tender opening date). To be
opened by Tender Opening Officers at 1530 Hrs, on due date for opening of bid”
[Documents should reach to the purchaser’s office on or before 1500 Hrs. of the
closing date specified for submission of bid through e-bidding portal.] :

(i) The original bid security (Not applicable in case bid security is submitted via
NEFT/RTGS/Electronic fund transfer to designated account of ONGC).

5.0 Bidder to ensure submission of following documents in the e-bid:

i) Scanned copy of original of “Power of Attorney” or authorization, or any other

document consisting of adequate proof of the ability of the signatory to bind the bidder
when the power of attorney is a special “Power of Attorney” relating to the specific
tender of ONGC only, shall be uploaded with techno-commercial bid.
Scanned copy of the notarized true copy of the “Power of Attorney” uploaded with the
techno-commercial bid shall also be accepted, if the power of attorney is a general
“Power of Attorney”.

However, ONGC reserves right to seek original Power of Attorney (when the power of
attorney is a special “Power of Attorney “ relating to the specific tender of ONGC only)
/ notarized true copy (when Power of Attorney is a general Power of Attorney) at any
time during the processing of tender and execution of contract.

ii) Scanned copy of Integrity Pact duly signed on all the pages by the same signatory
who is duly authorized to sign the bid digitally shall be uploaded with techno-
commercial bid.

ONGC reserves right to seek in physical form original/notarized true copy of any
document uploaded in digital form, at any time during the processing of tender and
execution of contract.

6.0 ONGC will not be responsible for any postal delays or loss in transit and also not
responsible for any internet / system / computer / technical problems at bidder’s end.

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7.0 All undertakings required to be submitted as per tender conditions should be submitted
by the bidder. Such undertakings which are required to be submitted on letter head by
the bidders as per tender conditions should be submitted accordingly.

8.0 The complete tender document consists as follows:

Annexure I Instructions to Bidders (ITB)

Annexure II General Conditions of Contract (GCC)
Annexure III Scope of Work, Technical Specifications, Special Conditions of
Contract (SCC), Other terms & Conditions.
Annexure-III - A Pre-Qualification Criteria. (PQC)
Annexure IV Bid Evaluation Criteria. (BEC)
Annexure IV -A Bid Response Matrix. (BEC Matrix.)
Annexure V Price format
Annexure V - A Unpriced Format (Bidder Response sheet)
Annexure VI Undertaking/Declarations
Annexure VII Integrity Pact.

9.0 Bidders to submit this tender document with all the appendices duly filled along with
their bid. Further, the price bid is to be uploaded separately in the notes and price bid
attachments tab of the e-portal and the bidder’s response sheet to price format
(uploaded in the public area / tender documents folder in the e-portal) may be submitted
along with the techno-commercial bid.

10.0 Tender fee is not applicable to this tender.

The interested bidders can create their bid online after registering against the tender in
the ONGC e-Procurement website https://etender.ongc.co.in.

The tender is to be submitted in the ONGC’s e-Procurement SRM system only.

11.0 The bidding documents including terms & conditions and the prescribed bid forms for
submission of bids are downloadable against Rfx No. K16KL23006 from ONGC’s e-
procurement portal https://etender.ongc.co.in. The general details of the tender can be
viewed at Rfx parameters under Rfx Information tab of the bid invitation (Rfx).

Bidder should check for any notes/messages and revision in price bid format under
“Notes & Price bid Attachment” tab of RFx.

Bidder shall download the tender document along with all its amendments/addendum
available in the e-tender portal and shall fill the editable fields with required information
accurately. Bidder shall upload scanned copies of various Declarations/Undertakings,
typed and signed in their company letterhead.

Bid cannot be submitted after the submission deadline is reached. The system time
that will be displayed in the e-procurement portal shall decide the submission deadline.
Bidders are advised in their own interest to ensure that bid is uploaded in the system
well before closing date & time of the tender.

12.0 E-Mail / Telex / telegraphic / Fax / Xerox / Photocopy offers will be rejected.

13.0 All bidders should submit bids only in e-form. Compliance/confirmation for technical/
commercial BEC should be in e-form only. For submitting the bids, the vendors will also
require digital signature.

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14.0 In case of any unscheduled holiday on prescribed closing / opening date, the next
working day will be the prescribed date of closing / opening of tender.

15.0 This is e-tender. Complete bid document is available at ONGC e-procurement website
at https://etender.ongc.co.in. The brief details of this tender can also be seen from the
ONGC tender website at http://tenders.ongc.co.in.

16.0 All the bidding documents being submitted through ONGC’s e-procurement web portal
have to be digitally signed by the bidder or their authorized representative (POA holder)
by using a legally valid class 3 digital certificate. If the bidders don’t have a legally valid
class 3 digital certificate, refer to the Guidelines to Bidders on the e-procurement web
portal that “How to Obtain Digital Certificate”.

17.0 This is an e-tender. In e-tenders, all the bidders have access to online help document
which is available on login. This help document should be used by them for participating
in e-procurement tenders.

18.0 Interested bidders who intend to participate in this e-tender can logon to e-procurement
server with Guest user ID and view the documents and may request for access through
the portal by providing basic information about them.

19.0 The duly completed bid with no system error message can be ‘submitted’ in e-
procurement portal any time before the submission deadline is reached. The bidder shall
also be permitted to make changes in his bid and re-submit the same in e-procurement
portal till the submission dead line. The final submitted version of bid only shall be
considered by ONGC.

20.0 The queries if any raised by the bidders shall be restricted to scope of work, technical
specifications, technical BEC, other technical documents, special conditions of contract,
price format and mobilization/ contract period only and queries on provisions of GCC
and other standard provisions/ proforma/format of the tender document shall not be
given any cognizance. Queries received after the prescribed cut-off date shall not be
given any cognizance.

21.0 Public Procurement Policy to Make in India (PPP-MII) policy is applicable in this tender
as brought out at para 29.2 of Instructions to Bidders of tender.

22.0 The tendered services are not splittable/not divisible.

23.0 Bidders to refer to clause 46 of ‘Instructions to Bidders’ & clause 40 of ‘Model Contract
& General Conditions of Contract’ pertaining to ‘Guidelines for Eligibility of Bidders from
a country sharing a land border with India’ for compliance.

24.0 The tender conditions and the offered conditions of a bidder against the tender accepted
by ONGC shall essentially be considered a part of contract.

25.0 Bidders are advised to submit / upload one Price Bid in the e-Tender Portal with their
quote. In case the bidder revises his quoted prices and upload another Price Bid, then
bidder shall have to mention (1) ‘to be ignored’ in the description of his earlier uploaded
price bid and (2) ‘revised price bid’ in the description of his later uploaded price bid in
the e-Tender Portal system.

26.0 The file size of the documents should not be more than the specified file size that would
be prompted while uploading a document. In that case please split the content in two or
more files. Compressed files like zip files, rar files etc should not be uploaded.
Documents should not have password for file opening.
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27.0 For other details of this tender including corrigendum if any, (please logon to ONGC
web site “tenders.ongc.co.in” and “etender.ongc.co.in” (for e-bid). in case of exigencies
ONGC at its option may decide to extend tender sale/techno-commercial bid closing/
opening date/ time in future which will be posted on the above referred website for
information. Bidders should regularly visit ONGC tender website for the latest
information in this regard.

28.0 The techno-commercial bid shall contain all details without indicating price of services.
However, bidder to indicate “quoted/not quoted” against the items given in the bidder’s
response sheet (attached separately as excel sheet) as per stipulations in tender
document to indicate that there is quote against services. The price bid shall contain
only the prices in on-line price bid format of ONGC e-procurement engine. The 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.

29.0 Bidders to provide the unique Gem Seller ID along with their offer or an undertaking
that they will provide the unique Gem Seller ID within 15 days of issue of NOA in case
the contract is awarded to them.

30.0 "Even after submission of complete invoice along with all relevant documents if
Vendors do not receive due payment within due date and they also do not receive any
intimation regarding discrepancy in invoice, they may raise the issue in the dedicated
Email-ID (invoice_rjy@ongc.co.in) with copy to Chief MM and Chief Corporate Finance,
giving complete details of IMSNIM DP no., PO number and details of concerned
identified user from ONGC."

31.0 New vendors must apply for user-id at least 7 days prior to the submission deadline,
through the link “New Bidder? Apply for Access Authorization” on ONGC’s e-tender
portal https://etender.ongc.co.in/irj/portal. Vendors will fill in their details as required in
the online form. For details refer link “New Bidder? Manual for Access Authorisation”
and “Guidelines to Bidders” on the e-tender portal.

-SD-
CGM (MM)-I/c MM,
Oil and Natural Gas Corporation Ltd.,
Rajahmundry Asset.

Reg. Office: Pandit Deen Dayal Upadhayay Urja Bhawan, 5-A Nelson Mandela
Marg, Vasant Kunj, New Delhi-100 070
>Tel: 91 - 11- 23301000 / 23310156 / 23721756, Fax: 91 - 11- 23316413,
www.ongcindia.com

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 Index.

Sl. No. Description Relevant

Annexure/Appendix
1 Instructions to Bidder along with Appendices Annexure-I
2 Model Contract and General Contract Conditions Annexure-II
along with Appendices
3 Scope of work, Technical Specifications and Special Annexure-III
Conditions of Contract, Other terms and conditions
4 Pre Qualification Criteria Annexure-III A
4 Bid Evaluation Criteria Annexure-IV
5 BEC Matrix Annexure-IV-A
6 Price Format Annexure-V
7 Bidder’s Response Sheets to Price Format Annexure-V.A
8 Undertakings/Declarations Annexure-VI
9 Integrity Pact Annexure-VII

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 INDEX
Annexure – I
Instruction to Bidders
Sl.

Clause
1. Eligibility and experience of the Bidder
2. Tender Fee
3. Transfer of Bidding Document
4. Cost of Bidding
5. Content of Bidding Document
6. Pre-Bid Conference/Amendment to Bidding Documents
7. Language and Signing of Bid
8. Compliance with the requirements of Bid Evaluation Criteria (BEC) and all other tender
conditions
9. Documents Comprising the Bid
10. Price Schedule
11. Bid Currencies
12. Mode of Payment
13. Concessional Rate of Customs Duty/Excise Duty/Sales Tax
14. Vague and Indefinite Expressions
15. Agent/Consultant/Representative/Retainer/Associate
16. Period of Validity of Bids
17. Bid Security
18. Telex/Telegraphic/Telefax/Xerox/Photocopy Bids
19. Sealing and Marking of Bids
20. Deadline for Submission of Bids
21. Late Bids
22. Modification and Withdrawal of Bids
23. Opening of Bids
24. Evaluation and Comparison of Bids
25. Unsolicited Post Tender Modifications
26. Examination of Bids
27. Specifications
28. Conversion to Single Currency
29. Granting of Price Preference
30. Contacting the ONGC
31. Award Criteria
32. ONGC’s Right to Accept Any Bid and To Reject Any or All Bids
33. Notification of Award
34. Mobilization period
35. Signing of Contract
36. Performance Security
37. Correspondence
38. Representation from the bidder.
39. Unsolicited Communications
40. Submission of forged documents
41. ONGC’s Policy on Climate Change and Sustainability
Appendix-1 Bidding Document Acknowledgement Proforma
Appendix-2 Bid Submission Proforma
Appendix-3 Agreement
Appendix-4 Proforma of Bank Guarantee towards Bid Security
Appendix-4A Proforma for Irrevocable Letter of Credit
Appendix-5 Check List
Appendix-6 Bidders Past Services (Similar) Proforma
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 INDEX
Annexure – I
Instruction to Bidders
Sl.

Clause
Appendix-7 Authorisation Letter for Attending Tender Opening
Appendix-8 Proforma Certificate on Relatives of Directors of ONGC
Appendix-9 List of acceptable foreign banks for acceptance of Bank Guarantee
Appendix – 10 Proforma for Changes/Modifications Sought by Bidders to the Bidding
Conditions
Appendix-11 FORM NO. 10F
Appendix- 12 Certificate of Acceptance of Tender Conditions
Appendix-13 Certificate of compliance with the provisions with regard to “Guidelines for
Eligibility of a ‘Bidder from a country which shares a land border with India’”
Appendix-14 Declaration of GST
Appendix-15 Bidder’s Information Proforma
Appendix-16 Undertaking/ Declaration/ Confirmation
Appendix-17 Undertaking for Local Content %
Appendix -17A Certificate for Local Content from Statutory Auditor
Appendix-18 Undertaking for genuinity of documents
Appendix-19 Declaration of GeM Seller ID.
Appendix-20 GST Undertaking.

Annexure – II
Model Contract and General Contract Conditions
Sl. Clause
17. Definitions
18. Scope of Work/Contract
19. Duration of the Contract
20. Notices and Addresses
21. Duties and Power/Authority
22. Contract Document
23. Remuneration and Terms of Payment
24. Claims/Taxes & Duties, Fees and Accounting
25. Performance
26. Performance Bond
27. Import and Import Clearance
28. Discipline
29. Safety and Labour Laws
30. Secrecy
31. Statutory Requirement
32. Insurance
33. Indemnity Agreement
34. Termination
35. Delay in mobilization and liquidated damages
36. Severability
21. Change in Law
22. Liability of the Government of India
23. Force Majeure
24. Employment by Firms to Officials of ONGC
25. Preference to Local Companies
26. Jurisdiction and Applicable Law
27. Arbitration
28. Continuance of the Contract
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 INDEX
Annexure – I
Instruction to Bidders
Sl.

Clause
29. Interpretation
30. Entire Agreement
31. Patent indemnity
32. Independent contractor status
33. Export / Re-export control restrictions
34. Integrity Pact
35. Limitation of liability
36. Submission of forged documents
37. Consideration of representations on post contract issues submitted
by the bidders to Independent External Monitors (IEMs)
Appendix-1 Proforma of Bank Guarantee towards Performance
Security
Appendix-2 Deleted
Appendix-3 Declaration of independence/ impartiality by OEC
member
Appendix-4 Statement of Claim(s)/Counter Claim(s)

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 ANNEXURE-I

INSTRUCTIONS TO BIDDERS

A: INTRODUCTION

1. Eligibility and experience of the bidder:-

1.1(a) Eligibility and experience of the bidder:-

Bidder to refer the Pre-qualification Criteria (PQC) and BEC clause B.1-1.0.

1.1.(b) The bidder should meet the experience criteria detailed in PQC.
In case the bidder is an Incorporated Indian Joint Venture Company, registered in India and
incorporated under the Companies Act 1956 and any amendments there under, then the
technical experience criteria laid down in the PQC offer 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
offer.
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
they shall maintain minimum 26% shareholding in the JV till the execution of the contract.

1.2 Details of experience and past performance of the bidder and the of 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 1.1(a) and (b) above.

1.3 In case the bidder is a consortium of companies, the following requirement should be
satisfied by the bidder:

1.3.1 Where consortium bids are allowed, leader and members of consortium should
themselves meet the experience criteria covering the respective activities of work to be
performed by them on their own and not through any other arrangement like through
Supporting Company, Parent / Subsidiary / Sister Subsidiary / Co-Subsidiary / Technical
Collaboration / Sub-contracting. Necessary documentary evidence to this effect should be
submitted with techno-commercial bid.

The members of consortium shall decide the Leader of consortium. The leader of consortium
shall have minimum 26% stake in terms of bid value, as reflected in the MOU executed by
consortium members. Each member of consortium shall remain jointly and severally liable to
ONGC.

For this purpose the role and scope of work to be performed by the respective consortium
members expressed as a percentage of bid value should be indicated in the Memorandum of

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Understanding (MOU) submitted along with techno-commercial bid as per format provided in
the tender.

1.3.2 The leader of the consortium should confirm unconditional acceptance of primary
responsibility of executing the ‘Scope of work’ of this tender. This confirmation should be
submitted along with the techno-commercial bid.

1.3.3 The Leader of the Consortium can submit the bid on behalf of the Consortium.
Memorandum of Understanding (MoU) (as per format enclosed as Appendix-21) between
the Consortium members duly signed by the authority (ies) as per the note in the MOU format,
must accompany the techno-commercial bid.

The MoU should clearly define the role / scope of work to be performed by each constituent
and should clearly define the leader of the Consortium. All the members of the Consortium
must resolve and affirm in the MoU that each party shall be jointly and severally liable to
ONGC for any and all obligations and responsibility arising out of the Contract and for
discharging all obligations under the Contract. MoU signed between the members of the
Consortium shall form part of the contract. In case of award of contract, the MoU shall be
kept valid through the entire contract period, including extensions, if any. After award of
contract, no alterations / modifications would be permitted in the MoU.

1.3.4 Only that consortium member who has undertaken a particular activity in execution of
a contract shall be considered as having technical experience of that particular activity.

1.4(a) Indian companies/ Joint Venture companies(Incorporated JV):- Indian bidders

whose proposal for Joint Venture involves foreign equity participation or payment of royalty
and / or lumpsum 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 price bid opening.

Note: The requisite documentary evidence i.e. Undertaking/Appendix etc. for clause no. 2.1(b),
2.1(c)-I, 2.1(c)-II and 2.2, 2.3 of PQC are not required to be submitted along with offer for PQC.
However, the supporting documents for meeting experience criteria stipulated at Clause No.
2.1 (a)-(I), (II) & (III)) shall be submitted along with offer for PQC. The bidders qualifying under
2.1(b), 2.1(c)-I, 2.1(c)-II and 2.2, 2.3 of PQC are required to submit the requisite documentary
evidence i.e. Undertaking/Appendix etc. for clause no. 2.1(b), 2.1(c)-I, 2.1(c)-II and 2.2, 2.3 of
PQC in the techno-commercial bid.

2.0 Tender Fee - Nil

2.1 Deleted.

2.2 Deleted.

3. TRANSFER OF BIDDING DOCUMENT

The Bidding document is not transferable.

4. COST OF BIDDING

4.1 The Bidder shall bear all costs associated with the preparation and submission of its
bid, and the ONGC will in no case be responsible or liable for those costs, regardless of the
conduct or outcome of the bidding process.
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B: THE BIDDING DOCUMENT

5. CONTENT OF BIDDING DOCUMENTS

5.1 The services required, bidding procedures and contract terms are described in the
bidding document. In addition to the Invitation for Bids, the bidding documents include:

ANNEXURE I : Instructions to Bidders with following Appendices

Appendix-1 Bidding Document Acknowledgement Proforma

Appendix-2 Bid Submission Proforma
Appendix-3 Agreement
Appendix-4 Proforma of Bank Guarantee towards Bid Security
Appendix-4A Proforma for Irrevocable Letter of Credit
Appendix-5 Check List
Appendix-6 Bidders Past Services (Similar) Proforma
Appendix-7 Authorisation Letter for Attending Tender Opening
Appendix-8 Proforma Certificate on Relatives of Directors of ONGC
Appendix-9 List of acceptable foreign banks for acceptance of Bank Guarantee
Appendix – 10 Proforma for Changes/Modifications Sought by Bidders to the Bidding
Conditions
Appendix-11 FORM NO. 10F
Appendix- 12 Certificate of Acceptance of Tender Conditions
Appendix-13 Certificate of compliance with the provisions with regard to “Guidelines for
Eligibility of a ‘Bidder from a country which shares a land border with India’”
Appendix-14 Declaration of GST
Appendix-15 Bidder’s Information Proforma
Appendix-16 Undertaking/ Declaration/ Confirmation
Appendix-17 Undertaking for Local Content %
Appendix -17A Certificate for Local Content from Statutory Auditor
Appendix-18 Undertaking for genuinity of documents
Appendix-19 Declaration of GeM Seller ID.
Appendix-20 GST Undertaking.

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

Appendix 1 : Proforma of Performance Bond Bank Guarantee.
Appendix 2 : Deleted
Appendix 3 : Declaration of independence/ impartiality by OEC member
Appendix 4 : Statement of Claim(s)/Counter Claim(s)

Annexure III : Scope of work and Technical Part of Special Contract Conditions, Other terms
and conditions.
Annexure-IIIA : Pre Qualification Criteria.(PQC)
Annexure-IV : Bid Evaluation Criteria
Annexure IV-A : Bid Evaluation Matrix
Annexure V. : Price format (Attached Separately under Notes and Price Bid attachments)
Annexure-V.A : Bidder’s Response Sheets to Price Format
Annexure-VI : Undertakings/Declarations.
Annexure-VII : Integrity Pact

5.2 The bidder is expected to examine all instructions, forms, terms and specifications in
the bidding documents. Failure to furnish all information required by the bidding documents
will be at the bidder’s risk. Tenders not complying with tender conditions and not conforming
to tender specifications may result in the rejection of its bid without seeking any clarifications.

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5.3 The following terminology appearing on the SRM portal shall have the meaning as
explained below:
(i) RFx : Bid Invitation
(ii) RFx Response : Bid
(iii) Tech RFx : Techno-Commercial Bidding documents provided by ONGC
(iv) Tech RFx response: Un-priced techno- commercial bid.

6. PRE-BID CONFERENCE: Not applicable.

6.1 to 6.3. Not applicable. Deleted.

6.4 In cases where pre-bid conference is not held, bidders can submit relevant queries
to the tender inviting office within 10 days from the date of issuance of bid document
(date of NIT).

The queries shall be restricted to Technical specifications, scope of work, Technical BEC,
special conditions of contract and mobilization/ delivery/ completion period only and that no
queries whatsoever shall be entertained on provisions of GCC and other standard provisions/
proforma/ format of the tender document.

6.5 Post bid conference

In order to avoid delay in processing of tenders ONGC shall hold post bid conference with the
interested bidders.

For holding Post Bid conference following process shall be followed:

i) Clarifications / confirmations / deficient documents required, if any, from bidders shall

be conveyed to the bidders.

ii) To address bidders doubts, if any, only on the clarifications / confirmations / deficient
documents being sought, a post bid conference shall be held by ONGC with bidders who seek
to have the meeting on one to one basis. Interested bidders may attend the same. No issues
other than the listed queries pertaining to clarifications / confirmations / deficient documents
sought by ONGC shall be discussed in post bid conference.

iii) In case bidder chooses not to seek/request for a post bid meeting, it will be noted by ONGC
that such bidder(s) has well understood the query of ONGC.

iv) Accordingly, in case bidder has completely understood the queries and they have no
doubts, they may submit their replies within the date specified for submission of clarifications.

v) Bidders who attend the post bid conference shall provide the following undertaking
immediately on conclusion of the post-bid conference:

“This is to confirm that we ….. (name of the bidder) have attended the post bid conference on
… and have fully understood the queries of ONGC issued vide their Letter No. … Dated….”

(vi) Bidders shall depute their competent employee(s) /authorised representative(s) for the
Post-Bid Conference.

(vii) Only those bidders from whom clarifications are being sought shall be eligible for post
bid conference.

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(viii) Bidder(s) shall be required to provide details (Name, Designation/status, mobile no.
etc.) of its employee/(s)/authorised representative(s), who will attend Post Bid Conference and
those person(s) only will be permitted to attend the post-bid conference.

C. PREPARATION OF BIDS

7. LANGUAGE AND SIGNING OF BID

7.1 The bid prepared by the bidder and all correspondence and documents relating to the
bid exchanged by the Bidder and the ONGC shall be written in 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, duly
authenticated by local chamber of Commerce of bidder’s country, in which case, for purposes
of interpretation of the bid, the translation shall prevail.

7.2 The Prices along with price related conditions shall be filled online in the Price-Bid
format available under “Notes and price bid attachments” tab of ONGC’s e-bidding portal. Any
documents sought to be attached with price bid shall also be attached at appropriate place.

Unpriced techno-commercial Bids shall be submitted in the prescribed bid proforma as per
Appendices 1,2,3,5,6,7,8,10,11,12,13,14,15,16,17,18,19,20 of Annexure-I and Bidder’s
Response Sheet to Price Format as per Annexure-VA. The above appendices shall be duly
filled in without any alteration to ONGC’s proforma whether quoting for full items or not. The
above appendices and all other techno-commercial documents other than price details to be
submitted with unpriced bid as per tender requirement should be placed in the un-priced bid
folder.

The bid and all attached documents should be digitally signed using digital signatures issued
by an acceptable Certifying Authority (CA) as per Indian IT Act 2000 before bid is uploaded. If
any modifications are made to a document after attaching digital signature, the digital signature
shall again be attached to such documents before uploading the same.

The authenticity of above digital signature shall be verified through authorised CA after bid
opening and in case the digital signature is not authorized the bid will be rejected.

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

7.3 In the event of the space on the bid proforma being insufficient for the required purpose,
additional pages may be added. Each such additional page must be numbered consecutively,
showing the tender number and signed digitally. In such cases reference to the additional
page(s) must be made in the bid.

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

7.5 The Bidders are advised in their own interest to ensure that all the points brought out
in the check list are complied with in their bid failing which the offer is liable to be rejected.

7.6 The bids can only be submitted in the name of the Bidder in whose name the bid
documents were issued by ONGC. The bid papers, duly filled in and complete in all respects
shall be submitted together with requisite information and Annexures/Appendices. It shall
be complete and free from ambiguity, change or interlineations.

Page | - 17 -
7.7 The bidder should indicate at the time of quoting against this tender their full postal and
telegraphic/telex /fax addresses and also similar information in respect of their authorised
agents in India, if any.

7.8 The bid including all attached documents shall be digitally signed by duly authorized
representative of the bidding company. Each file should be digitally signed and then
uploaded. The file (s) should not be zipped in a folder and then digitally signed.

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

7.10 The power of attorney or authorisation, or any other document consisting of adequate
proof of the ability of the signatory to bind the bidder, shall be uploaded with unpriced bid.
ONGC may reject outright any bid not supported by adequate proof of the signatory's authority.

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

7.12 deleted.

7.13 deleted.

7.14 Joint venture bids and consortium bids where consortium bids are
specifically allowed as per provisions under clause 1.3 above:

(a) In view of the complexity of nature of work involved as covered by the Bidding
Documents, it is anticipated that some of the intending bidders may pool their
resources and experiences to form Consortia/Joint Ventures. In their own interest,
before forming a Consortium, the bidders/ individual constituents of the Consortium are
advised to investigate the capabilities, availability of expertise and resources such as
construction equipment, experienced personnel, financial soundness, past experience
and concurrent engagements of constituting partners/members of the consortium/joint
venture.

(b) In the event that the successful bidders is a joint venture formed of two or more
companies, the Company requires that the parties to the joint venture accept joint and
several liability for discharging all obligations under the Contract.

(c) The tender document can be purchased in the name of any of the constituent (Leader
or member) of the Consortium.

(d) In case of Consortium bids, the bid shall be digitally signed by the leader of
Consortium. The Power of Attorney from each member authorising the leader for signing and
submission of Bid on behalf of individual member must accompany the Bid offer. Other
members of the consortium may participate in techno-contractual discussions and sign the
minutes of such discussions/meetings along with the leader. However, Integrity Pact should
be signed by all the constituents of the Consortium.

(e) Leader of the Consortium on behalf of the Consortium shall co-ordinate with ONGC
during the period the bid is under evaluation and also during the execution of the contract, if
the same is awarded. ONGC shall correspond / communicate only with the leader of a
Consortium and like-wise, the leader of the Consortium only should communicate with
ONGC on behalf of the Consortium. No cognizance shall be given to communication
Page | - 18 -
received directly from other consortium members. The Leader of the Consortium shall also
be responsible for resolving dispute / misunderstanding / undefined activities, if any, amongst
all the constituents of the Consortium.

(f) Any correspondence exchanged between ONGC and the Leader of Consortium shall
be binding on all the constituents of the Consortium. The Leader of the Consortium should
confirm unconditional acceptance of primary responsibility of executing the ‘Scope of Work’
of the tender. This confirmation should be submitted along with the techno-commercial bid.

(g) Contract, if awarded, shall be in the name of the Consortium clearly specifying the
names of all the constituents and also mentioning that the Consortium is led by which
constituent. Accordingly, EMD/Bid Bond and SD/PBG shall be submitted in the name of the
Consortium clearly specifying the names of all the constituents along with that of the leader.

(h) In the event of award of contract to the Consortium, the contract shall be signed by
each constituent of the Consortium. Alternatively, the Leader of the Consortium may sign the
contract subject to submission of a Power of Attorney (duly notarized) from each constituent
authorizing the Leader of the Consortium to sign the contract on behalf of the individual
member of the Consortium. Irrespective of whether the Contract is signed by all the
constituents of the Consortium or by the Leader of the Consortium, all the constituents of the
Consortium shall be jointly and severally responsible for satisfactory execution of the contract.

(i) Payment for work done under the contract shall be made by ONGC only to the Leader
of the Consortium. However, in case payment is to be made directly to each constituent
corresponding to their part of the scope of work, the same shall be clearly indicated in the bid
along with the constituent-wise details of the price break-up.

(j) No alteration or modification in the constituents or composition of a Consortium shall

be permitted after submission of bid and also after award of the Contract during currency of
the contract. A constituent of the Consortium shall be allowed to undertake and carry out only
that activity for which that constituent has been evaluated and qualified technically.

(k) -Deleted -

(l) A constituent of the Consortium shall not be permitted to participate either in an

individual capacity as a bidder or as a member of another Consortium in the same tender.

(m) Documents/details pertaining to qualification of bidder as per proforma of document

attached with the bidding documents must be furnished by each partner/member of
consortium/joint venture complete in all respects along with the bid clearly bringing up their
experience especially in the form of work in their scope.

(n) In case of award to the consortium, only the leader of the Consortium shall submit the
PBG for the entire requisite amount of the PBG on behalf of the Consortium.

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 finalise its purchase within a limited time schedule. Therefore, it may not be
feasible for ONGC to seek clarifications in respect of incomplete offers.

Page | - 19 -
Prospective bidders are advised to ensure that their bids are complete in all respects and
conform to ONGC’s terms, conditions and bid evaluation criteria of the tender. Bids not
complying with ONGC’s requirement may be rejected without seeking any clarification.

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

Bidders should submit the ‘Bid Matrix’ (as enclosed with the bid document at Annexure-IVA)
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” or “Not Confirmed”, as applicable. 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. Each entry in the ‘Bid Matrix’ must be filled-in.

Further, the ‘Bid Matrix’ should be digitally signed by the bid signatory and uploaded in the un-
priced bid folder.

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:

a) Online priced bid format

b) Documentary evidence establishing that the Bidder is eligible to bid and is qualified
to perform the contract if its bid is accepted. The documentary evidence of the Bidder's
qualifications to perform the Contract if its bid is accepted, shall establish to the ONGC's
satisfaction:

(i) that the Bidder has the financial capability necessary as per BEC to perform the
Contract;

(ii) that the Bidder meets all the criteria prescribed in the Bid Evaluation Criteria
(Annexure-IV).

c) Documentary evidence that the services to be rendered by the Bidder conform to the
requirements of bidding documents.

The documentary evidence of conformity of the services to the bidding documents may
be in the form of literature, drawings and data and shall consist of:

1) A detailed description of essential technical and performance

characteristics of the services.

2) An item by item commentary on the ONGC’s technical specifications

demonstrating conformity to the provisions of the technical specifications of the
bidding document.

d) Bid security.

e) Deleted.

Page | - 20 -
 f) Integrity Pact(IP)

Scanned copy of Integrity Pact duly signed on all the pages by the same signatory who
is duly authorized to sign the bid digitally shall be uploaded with techno-commercial
bid.

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

h) Copy of valid Udyam Registration Certificate, (as notified vide Gazette notification
no. S.O. 2119(E) dated 26.06.2020(as amended) issued by Ministry of Micro, Small
and Medium Enterprises) if bidder is a Micro or Small Enterprises (MSE)

In case bidding MSE is owned by Schedule Caste or Schedule Tribe entrepreneur or

owned by Women, valid documentary evidence issued by the agency who has
registered the bidder as MSE owned by SC/ST or Women entrepreneur should also be
enclosed.

i) Scanned copy of original of “Power of Attorney” or authorization, or any other

document consisting of adequate proof of the ability of the signatory to bind the bidder
when the power of attorney is a special “Power of Attorney” relating to the specific
tender of ONGC only, shall be uploaded with techno-commercial bid.

Scanned copy of the notarized true copy of the “Power of Attorney” uploaded with the
techno-commercial bid shall also be accepted, if the power of attorney is a general
“Power of Attorney”.

However, ONGC reserves right to seek original Power of Attorney (when the power of
attorney is a special “Power of Attorney “ relating to the specific tender of ONGC only)
/ notarized true copy (when Power of Attorney is a general Power of Attorney) at any
time during the processing of tender and execution of contract.

j) ONGC reserves right to seek in physical form original/notarized true copy of any
document uploaded in digital form, at any time during the processing of tender and
execution of contract.

k) If bidder is a Start-up (Definition of “Startup” shall be as per Gazette Notification

G.S.R. 127(E) dated 19.02.2019 (as amended) of Govt of India) and willing to avail the
relaxations as stipulated in tender document, then they should submit the following
documents:
(i) Registration Certificate issued by Department for Promotion of Industry and Internal
Trade (DPIIT),earlier known as Department of Industrial Policy and Promotion (DIPP),
Ministry of Commerce, certified by Start-up Director/Partner.
(ii) A declaration from the Directors/Partner of the start-up stating that bid is submitted
by Start-up as Manufacturer of the quoted item (in case of procurement of Goods)/
Provider of quoted services (in case of procurement of services) and not as a
trader/dealer/distributor.
10.0 PRICE SCHEDULE

Page | - 21 -
10.1 The Bidder shall fill in completely all fields in the online price bid format in respect of
services quoted including but not limited to prices and pricing conditions.

10.2 Bid Prices

10.2.1 The bidders shall indicate on the appropriate price schedule the net unit prices
(wherever applicable).

10.2.2 Prices quoted by the bidder shall be firm during the bidder's performance of the
contract and not subject to variation on any account.

10.2.3 Discount: Bidders are advised not to indicate any separate discount. Discount, if any,
should be merged with the quoted prices. Discount of any type, indicated separately, will not
be taken into account for evaluation purpose. However, in the event of such an offer, without
considering discount, is found to be lowest, ONGC shall avail such discount at the time of
award of contract.

10.3 (a) CONCESSIONS PERMISSIBLE UNDER STATUTES

Bidder, while quoting against this tender, must take cognizance of all concessions permissible
under the statutes including the benefit under GST legislations, failing which it will have to bear
extra cost where bidder does not avail exemptions/concessional rate of GST. ONGC will not
take responsibility towards this. However, wherever required and applicable, ONGC shall
provide the necessary documents as required under the notification (s) for the bidders to obtain
such concessions.

Bidders must also consider benefits of input tax credit under the GST legislations, as amended
from time to time on Input goods/Capital goods / Input Services, while quoting the prices.

10.3 (b) Undertaking to provide necessary documents, for enabling ONGC to avail Input tax
credit benefits under GST legislation.(Not applicable for bidder under composition levy of the
GST legislation)

Further, the bidders shall undertake to provide all the necessary compliances / invoice
/documents for enabling ONGC to avail Input tax credit benefits, in respect of the payments of
GST which are payable against the contract (if awarded). The successful bidders should
provide Tax Invoice issued under GST legislations.

The successful bidders should upload the details of the invoices raised on ONGC on the GST
Network within the prescribed time limits and undertake to adhere to all other compliances
under the GST regulations/ legislations.

In case any credit, refund or other benefit is denied or delayed to ONGC due to any non-
compliance of GST legislation by the bidder such as failure to upload the details of the supply
on the GSTN portal, failure to pay GST to the Government or due to non-furnishing or
furnishing of incorrect or incomplete documents/ information by the bidder, the bidder would
reimburse the loss to ONGC and/ or ONGC may recover the same, but not limited to, the tax
loss, interest and penalty.

10.4 INCOME TAX LIABILITY

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

10.5 GST Liability on Supply of Services:

Page | - 22 -
10.5.1 The Bidder should quote the applicable GST, clearly indicating the rate and the amount
of GST included in the bid and the description of the respective service (as per GST rules)
under which the GST is payable.

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 and/or goods).

In case the GST is not quoted explicitly in the offer by the Bidder, the offer will be considered
as inclusive of all liabilities of GST and ONGC will not entertain any future claim in respect of
GST against such offers.

In case, the quoted information related to various taxes and duties subsequently proves wrong,
incorrect or misleading:-

a) ONGC will have no liability to reimburse the difference in the duty/tax, if the finally
assessed amount is on the higher side.

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

The Service Provider should have a valid GST registration certificate under GST
legislation and a copy of such registration certificate should be submitted along with
the offer.

10.5.2 In case Contract executing office(s) based on the tender scope of work are
different from bidding office of bidder, the bidder shall also provide details of Contract
executing office(s) based on the tender scope of work in their bid duly
indicating/providing their respective ONGC Vendor Code (if already available). In case
ONGC vendor code is not available for such contract executing location of bidder,
GSTIN and Bank account details etc. shall also be submitted by bidders in their bid for
creation of vendor code for such office.

If bidder indicates that details like GSTIN and Bank account details etc. of the office identified
by bidder in their bid for executing work, would be provided only after they emerge as
successful bidder, they shall provide the same at least 15 days before submission of first
invoice, Such bidder shall provide an undertaking to this effect.

11.0 BID CURRENCIES

Bidders should quote firm prices in Indian rupee only. Prices quoted in any other currency shall
not be considered.

12.0 MODE OF PAYMENT

In all cases, except the cases involving payment through ‘Letter of Credit’ or payment in
Foreign currency, ONGC shall make payments only through Electronic Payment mechanism
(viz. NEFT/RTGS /ECS). Bidders should invariably provide the following particulars along
with their offers:

1. Name & Complete Address of the Supplier / Contractor as per Bank records.

2. Name & Complete Address of the Bank with Branch details.

3. Type of Bank account (Current / Savings/Cash Credit)

Page | - 23 -
4. Bank Account Number (indicate ‘Core Bank Account Number’, if any).

5. IFSC / NEFTCode (11 digit code) / MICR code, as applicable, alongwith a cancelled
cheque leaf.

6. Permanent Account Number (PAN) under Income Tax Act;

7. GST registration number.

8. e-mail address of the vendor / authorized official (for receiving the updates on status of
payments).”

9. Confirmation as to whether the bidder belong to the category of Micro, Small and Medium
Enterprises as defined in the “Micro, Small and Medium Enterprises Development Act,
2006 (MSMEDA)”. If yes, specify the category of Micro, Small or Medium Enterprises
and whether the enterprise is in manufacturing or service industry, alongwith valid
documentary evidence.

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

12.1 Particulars to be furnished by foreign bidders (non-residents as per Income

Tax Act, 1961):

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

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

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

(iii) If the non-resident has PE in India, whether the remittances to be made to him
under his engagement by ONGC are attributable to such PE?

(iv) If the remittances to be made to the non-resident under his engagement by

ONGC are attributable to a PE which it has in India, what quantum of the profits
resulting to the non-resident from his engagement by ONGC, can be said to be
attributable to the role played by the PE, and the basis of arriving at such
quantum?

Page | - 24 -
(v) If no part of the remittances to be made to the non-resident under his
engagement by ONGC is attributable to a PE which it has in India, what are the
reasons for the same?

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

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

If the non-resident does not have a PAN but has a Tax Identification Number (TIN)
allotted in his country of tax residence, what is that TIN?

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

Certificate (TRC) issued by the Government of country or specified territory to
the effect that the person named therein is a resident of that country or specified
territory.

(ix) In accordance with Rule 21AB of the Income-tax Rules, 1962, along with the
TRC, the non-resident shall also furnish the requisite information in the
prescribed Form ‘10F’ which is enclosed as Appendix -11 at Annexure-I of the
tender document (suitable appendix No. to be indicated by the work center).

(x) If it is not possible for the non-resident to obtain & submit Tax Residency
Certificate and Form No. 10F to ONGC within a reasonable time, he should
furnish an undertaking to the effect that he is a tax resident of
_______________ (the specified country) and that he shall obtain and provide
the TRC and Form No. 10F to ONGC before 30 days of submission of first
Invoice by them or within 3 months from the date of entering into the contract
whichever is earlier.

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

(xii) Non-resident’s e-mail address.

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

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

any other form of business organization.

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

Bidders should note that any delay in submission of TRC/PE information within the
specified time may lead to the Income Tax Department directing ONGC to deduct tax
at a higher rate than at which it may otherwise have directed. Such increased tax
liability shall be recovered from the contractor.

Page | - 25 -
13.0 CONCESSIONAL RATE OF CUSTOMS DUTY and GST”

In terms of Sl. No. 404 of Customs notification No. 50/2017-Customs dated 30.06.2017 and
amended vide Customs Notification No. 02/2022-Cus dated 01.02.2022 & 40/2022-Customs
dated 13.07.2022 (As amended from time to time), the goods specified in list 33 imported in
relation with Petroleum operations will attract 12% Customs Duty (BCD Nil & IGST @12%),
for which, ONGC is eligible for its nominated blocks or NELP/other eligible blocks. Hence,
ONGC will issue required undertaking/certificate as per Government guidelines so as to enable
the contractor to import goods against concessional rate of Custom Duty provided these are
specified in the list 33 of said Customs notification.

All imports and import clearance under the contract including payment of Customs Duty either
for items covered under above referred list 33 or otherwise shall be the responsibility of the
bidder. ONGC will not provide any assistance in this regard.

Notwithstanding what is stated above, the bidders should also consider the position in regard
to import of goods as specified in list No. 33 of above notification against concessional rate of
12% Customs Duty. ONGC is not liable in whatsoever manner, for the rejection of their claims
for concessional rate of 12% Customs Duty by any of the authorities.

The bidder while quoting would need to consider the duty drawback as per notification No.
23/2008 dated 01.03.2008 available to them upon re-export of the equipment, if any. The
bidder should also note that input tax credit would also be available to them on the IGST paid
by them excluding duty drawback and this aspect should also be considered by them while
quoting their rates.

Similarly, the such specified goods required for petroleum operations if procured from domestic
sources would attract 12% concessional Rate of GST (IGST or CGST & SGST/UTGST) as per
GST-Rate Notification No. 3/2017 dtd.28.06.2017 and amended vide Notification No. 08/2022
dtd.13.07.2022 against issuance of EC by DGH for which ONGC shall issue the
recommendatory letter.

Note: The required certificate/undertaking will be given only for those items which are either
consumed during the execution of work or for those equipment/tools which are undertaken to
be re-exported by the bidder. The required certificate/undertaking will not be issued when the
bidder imports the equipment/tools on acquisition basis and does not undertake to re-export
the same after the completion of the contract.

13.2 Re-export of equipment, unutilised spares etc:

The equipment, unutilized spares, accessories etc. imported to India for providing service
needs to be re-exported by the bidder upon the completion of the terms of contract or any
extended period thereof at their own expense. Bidder must furnish an undertaking that “the
equipment imported and also spares & accessories which remained unutilized after the expiry
of contract, would be re-exported at his own cost after completion of contractual obligation after
observing all the formalities/rules as per Customs Act or any other relevant Act of Govt. of India
applicable on the subject”. Immediately after re-export, bidder would furnish to ONGC, details
and other relevant documents as a proof of re-export. In case of non-observance of formalities
of any provisions of the Customs Act or any other act of Government of India, the contractor
shall be held solely responsible for all the liabilities including the payment of Customs Duty and
penalties to the Govt. on each issue. Noncompliance of these provisions will be treated as
breach of contract and their performance bond will be forfeited.

13.3 Deleted.

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

14.0 VAGUE AND INDEFINITE EXPRESSIONS

14.1 Bids qualified by vague and indefinite expressions such as "Subject to availability"
etc. will not be considered.

15.0 Deleted.

16.0 PERIOD OF VALIDITY OF BIDS

16.1 The Bid shall be valid for acceptance for the period as indicated in the "Invitation for
Bid" (hereinafter referred to as validity period) and shall not be withdrawn on or after
the opening of bids till the expiration of the validity period or any extension agreed thereof.

16.2 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
extension of validity of offer shall be required to extend the validity of Bid Security
correspondingly.

17.0 BID SECURITY

17.1 The 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 17.7.

17.2 Central Government Departments and Central Public Sector Undertakings are
exempted from payment of Bid Security.

MSEs registered with UDYAM REGISTRATION are also exempted from payment of Bid
Security and will be eligible for other benefits as per PPP for MSEs order, 2012
irrespective of monetary limit/Capacity, if any mentioned in their MSE Registration
Certificate subject to following conditions:

a. Bidder submits the copy of valid Udyam Registration Certificate as Micro or Small
Enterprise.

17.2.1 Firms Recognized as ‘Startup’ by DPIIT(Department for Promotion of Industry and

Internal Trade, Ministry of Commerce and Industry GOI) will also be exempted from furnishing
bid security / earnest money deposit, subject to submission of documents as mentioned at
Clause 9.1(k) of Service Contract, above.

17.3 Bidders not covered under Para 17.2 above must enclose with their offer (in case of
two bid systems, with techno-commercial bid) bid security. However, the bidder paying bid
security via NEFT/RTGS/Electronic fund transfer shall be required to submit/ upload (in case
of e-tenders) the proof of successful payment of bid security and details of payment thereof
with the offer (with techno-commercial bid in case of two bid system). The amount for bid
security has been indicated in the "Invitation For Bid".

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

i) Bank Draft/ Cashier’s/Banker’s Cheque in favour of ONGC valid for 3 months

from its date of issue.
Page | - 27 -
 ii) Bank Guarantee in the prescribed format as per Appendix 4 of Annexure-I,
valid for 30 days beyond the date of required validity of offer. The bank
guarantee by Indian bidder will have to be given on non-judicial stamp paper /
franking receipt as per stamp duty applicable at the place from where the
bid has emanated. The non-judicial stamp paper / franking receipt should be
either in the name of the issuing bank or the bidder.

The bidders will give Bank Guarantee from any of the following categories of
Banks:

(a) Any Scheduled Bank incorporated in India, Bank Guarantee issued by foreign
branches / foreign offices of such Scheduled Banks be counter guaranteed by
the Indian Branch of any Scheduled Bank incorporated in India.

OR
(b) Any Branch of an International Bank situated in India and registered with
Reserve Bank of India as scheduled foreign bank.
OR
(c) Any foreign Bank which is not a Scheduled Bank in India provided the Bank
Guarantee issued by such Bank is counter guaranteed by any Branch situated
in India of any Scheduled Bank incorporated in India.

iii) Deleted.

iv) NEFT/RTGS/Electronic fund transfer to account of ONGC as per following

details:

Beneficiary Account Name: Oil and Natural Gas Corporation Limited

Bank Name : State Bank of India

Currency : INR
Branch : Rajahmundry Bazar Branch
Branch Code : 03485
ONGC Account No.: 00000010471668364
IFSC : SBIN0003485
The bidder shall be required to submit/ upload (in case of e-tenders) the proof of successful
payment of bid security amount to the designated account of ONGC, and details of payment
thereof with the offer (with techno-commercial bid in case of two bid system).

Bidders should note that acceptance of their offer is subject to remittance of Bid
Security/EMD amount to designated account of ONGC on or before due date and time of
Tender closing. If required, ONGC reserve right to obtain confirmation regarding date and
time of credit of Bid Security/EMD amount to its account from concerned bank. The
decision of ONGC in this regard shall be final and binding on the bidder. In case amount
has been credited to ONGC’s designated account after tender closing, such amount shall
be refunded back to bidder within 10 days.

In their own interest bidders submitting EMD/Bid Security via NEFT/RTGS/Electronic fund
transfer are advised to complete the transaction at least 24 hours before bid closing date.

Page | - 28 -
17.5 ONGC shall not be liable to pay any bank charges, commission or interest on the
amount of Bid Security.

17.6 Subject to provisions in para 17.2 above, offers without Bid Security will be ignored.

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

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

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

c) If a Bidder, having been notified of the acceptance of its bid, fails to furnish Security
Deposit/Performance Bank Guarantee (Performance Security) within 15 days
of notification of such acceptance.

d) If the Bidder has been disqualified from the tender process prior to the award of
contract according to the provisions under Section 3 of Integrity Pact. ONGC shall
be entitled to demand and recover from bidder Liquidated damages amount plus
GST thereon, by forfeiting the EMD/ Bid security (Bid Bond) as per section 4 of
Integrity Pact.

e) In case at any stage of tendering process, it is established that bidder has

submitted forged documents/ certificates/ information towards fulfilment of any of
the tender/contract conditions.

17.8 The Bid Security of unsuccessful Bidders will be returned on finalisation of the bid. The
Bid Security of successful bidder will be returned on receipt of Security Deposit/Performance
Bond (Performance Security).

Note: The bid security received via NEFT/RTGS/Electronic fund transfer, shall be
refunded/returned as per tender conditions, to the same account from which payment of bid
security was made to ONGC.

17.9 SUBMITTING COPIES OF DOCUMENTS THROUGH e-BIDDING ENGINE AND

SUBMISSION OF ORIGINAL DOCUMENTS.

In accordance with the conditions at para 19 below, the bid along with all appendices and
copies of documents (except copies of the documents required in physical form) should be
submitted through ONGC’s e-bidding engine, before the scheduled date and time for the tender
closing. Such documents submitted through e-bidding portal should be as per requirements of
the tender, valid and legally operative as on the date fixed for opening of bids (techno-
commercial bid opening date in case of Two Bid System). However, documents required in
physical form should be submitted to the purchaser’s office (as indicated in “Invitation to Bid”)
on or before the closing date and time specified for submission of bid through e-bidding portal.

Bidder should ensure to submit original documents in accordance with the bidding document.

17.10 Bidders may also request for release of EMD/bid bond/bid security before tender
finalisation against submission of an undertaking as per format given at 17.10.1. However,
bidder’s request may be considered only under following situations:

i. Bidder(s) whose bid has been rejected and in case rejection of bid is not an incident that
attracts forfeiture of bid security as per tender proviso.

Page | - 29 -
ii. Bidder(s) whose bid has been rejected on account of non-extension of bid validity and in
case rejection of bid is not an incident that attracts forfeiture of bid security as per tender
proviso.

iii. TA/CA bidder(s) who are not in contention / reckoning for award of contract after price bid
opening.

17.10.1 Format for undertaking to be submitted by the bidder along with request for release of
EMD/bid bond/bid security under para (i),(ii) and (iii) above:

“I ………………….(name and designation of authorized signatory) on behalf of M/s

……………..(the name of bidder) hereby request to release the bid security submitted with the
offer against tender No………..(tender no. to be indicated by bidder). It is undertaken that
any aspect of the tender evaluation process will not be challenged before any forum / authority
and the recourse allowed under the bidding conditions for representing / raising dispute will be
deemed to have been foregone by M/s ……………..(the name of bidder).”

18.0 Offers not submitted through ONGC’s e-procurement engine will be rejected.

18.1 Bids uploaded should be signed digitally failing which the same shall be rejected.

D. SUBMISSION AND OPENING OF BIDS

19.0 The bid along with all appendices and copies of documents (except copies of the
documents required in physical form) should invariably be submitted in the ‘document area in
C-folder’ through ONGC’s e-bidding portal, before the scheduled date and time for the tender
closing. All the documents uploaded shall be digitally signed by the authorized signatory of the
bidder.

Each file should be digitally signed and then uploaded. The file (s) should not be zipped in a
folder and then digitally signed. The password protected e-bids (Techno-commercial / Price
bids), which require the password to open the file, will not be considered.

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 format at Annexure-VA (Bidders Response Sheet) to indicate that there is a quote
against that item in the Price Bid. The Price bid shall contain only the prices dully duly filled in
the on-line price format (Price Format in excel sheet under “Notes and Price bid attachments”
tab) (Annexure-V) of ONGC’s e-procurement engine. Bidders shall necessarily use the same
excel sheet for price bid. The price bids submitted in physical form against e-procurement
tenders shall not be given any cognizance.

However, the following documents should be submitted in physical form, in a sealed

envelope super-scribed as “Physical documents against e-procurement Tender
Number………….., due on ………… To be opened by Tender Opening Officers at 1530
Hrs, on due date for opening of bid” [Documents should reach to the purchaser’s office
on or before 1500 Hrs. of the closing date specified for submission of bid through e-
bidding portal.:

(i) The original bid security (Not applicable in case bid security is submitted via
NEFT/RTGS/Electronic fund transfer to designated account of ONGC.

The price bids submitted in physical form against e-procurement tenders shall not be given
any cognizance

Page | - 30 -
20.0 DEADLINE FOR SUBMISSION OF BIDS

20.1 The duly completed bid with no system error message can be ‘submitted’ in e-
procurement portal any time before the submission deadline is reached. The bidder shall also
be permitted to make changes in his bid and re-submit the same in e-procurement portal till
the submission dead line. The final submitted version of bid only shall be considered by ONGC.

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

20.3 All the documents required to be submitted in physical form as per para 19.0 above,
should positively reach to the purchaser’s office on or before 1500 Hrs. of the closing date
specified for submission of bid through e-bidding portal.

21.0 LATE BIDS

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

Bidders to also ensure that Physical document i.e. Bid Security (if not submitted through
NEFT/RTGS/Electronic fund transfer to account of ONGC) should also reach the specified
office well before the due date and time mentioned in the bid.

22.0 MODIFICATION AND WITHDRAWAL OF BIDS

22.1 No bid may be modified after the dead line for submission of bids.

23.0 OPENING OF BIDS

23.1 The un priced bid will be opened at 1530 Hrs. (IST) on the date of opening indicated
in "Invitation for Bid". The Bidder or his authorised representative may be present at the time
of opening of bid on the specified date, but a letter in the form annexed at Appendix-7 hereto
must be forwarded to this office along with bid and a copy of this letter must be produced in
the office by the person attending the opening of bid. Unless this letter is presented by him,
he may not be allowed to attend the opening of bid.

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

E. EVALUATION OF BIDS

24.0 EVALUATION AND COMPARISON OF BIDS

24.1 Evaluation and comparison of bids will be done as per provisions of Pre-Qualification
Criteria and Bid Evaluation Criteria at Annexure-IV.

24.2 CLARIFICATIONS OF BIDS:

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

25.0 UNSOLICITED POST TENDER MODIFICATIONS:

25.1 Unsolicited post-tender modification will lead to straight away rejection of the offer.
Page | - 31 -
25.2 In case certain clarifications are sought by ONGC after opening of bid then the reply of
the Bidder should be restricted to the clarification sought. Any bidder who modifies his bid
(including all modifications which have the effect of altering his offer) after the closing date,
without any specific reference by ONGC, shall render his bid liable to be ignored and rejected
without notice and without reference to the bidder.

26.0 EXAMINATION OF BID

26.1 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.

26.2 The ONGC will determine the conformity of each bid to the bidding documents. Bids
falling under the purview of “Rejection Criteria” of the bid Evaluation Criteria of the bidding
document will be rejected.

27.0 SPECIFICATIONS:

The Bidder must note that its Bid will be rejected in case the tender stipulations are not
complied with strictly or the services offered do not conform to the required specifications
indicated therein. The lowest Bid will be determined from among those Bids which are in full
conformity with the required specifications.

28.0 Deleted.

29.0 PURCHASE PREFERENCE POLICY (IES):

29.1 PURCHASE PREFERENCE TO MICRO AND SMALL ENTERPRISES POSSESSING

VALID UDYAM REGISTRATION CERTIFICATE AS NOTIFIED VIDE GAZETTE
NOTIFICATION NO. S.O. 2119(E) DATED 26.06.2020 (AS AMENDED) ISSUED BY
MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES

29.1.1 (i) 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 bidder eligible for
purchase preference, then the eligible MSE(s) shall be allowed to share portion of supply in
the following manner:

(a) In case of more than one such MSE bidder qualifying for 15% purchase preference,
the 25% supply shall be shared equally amongst such MSEs.

(b) In case 25% quantity cannot be further divided, ONGC shall place the order for supply
of 25% quantity to lowest eligible MSE amongst the MSEs qualifying for 15% Purchase
Preference.

(ii) In the opinion of ONGC, if tendered goods/services cannot be divided in the ratio of
75% / 25%, then ONGC reserve the right to award on lowest eligible MSEs for quantity not
less than 25% quantity, as may be dividable.

For example:

In case tendered quantity is between 1 to 3 (not divisible in the ratio of 75:25), MSE
shall get order for 1 no. only and the rest will go to L-1 (non-MSE bidder). Same analogy shall
be applied for quantities which are not dividable in the exact ratio of 75:25
Page | - 32 -
Notes:

(i) In case of any other preferential policy applicable in a tender, distribution of quantities
for supply of goods/services among eligible bidders shall be done in such a manner that eligible
bidders get the share of minimum specified percentage for supply by them.

(ii) In case tendered items cannot be procured from multiple sources or are
absolutely non splitable or non-dividable, PO/Contract shall be placed for supply of
100% quantity to lowest eligible bidder, if any, amongst the bidders qualifying for
purchase preference.

29.2. Public Procurement (Preference to Make in India) Order 2017” (MII) (as amended
from time to time) of Department for Promotion of Industry and Internal Trade, read with
Ministry of Petroleum & Natural Gas Notification dated 26.04.2022 on PPP-MII Order (as
amended from time to time) :

1. Ministry of Petroleum & Natural Gas vide Notification No. FP-20013/2/2017-FP-

PNG-Part(4) (E-41432) dated 26.04.2022 has notified that Public Procurement
(Preference to Make in India), Order 2017 (PPP-MII) issued by DPIIT and as
amended from time to time, shall be applicable to all the Public Sector
Undertakings and their wholly owned subsidiaries under MoP&NG with certain
modifications as mentioned in MoPNG notification( as amended from time to time).
2. Definitions
2.1 'Local content ' means the amount of value added in India which shall, unless
otherwise prescribed by the Nodal Ministry, be the total value of the item
procured (excluding net domestic indirect taxes) minus the value of imported
content in the item (including all customs duties) as a proportion of the total
value, in percent.

In terms of DPIIIT Circular No. P-45021/102/2019-BE-Part(1)(E-50310) dated

04.03.2021, the bidders offering imported products will fall under the category
of Non local Suppliers.

In terms of Ministry of Petroleum & Natural Gas Notification No. FP-

20013/2/2017-FP-PNG-Part(4) (E-41432) dated 26.04.2022, Local value
addition through services such as transportation, insurance, installation,
commissioning, and training and after sales services support like AMC/ CMC
etc. shall be considered in local content calculations.
2.2 ' Class-I local supplier ' means a supplier or service provider, whose goods ,
services or works offered for procurement, meets the minimum local content
as prescribed for 'Class-I local supplier' under this Order.
2.3 'Class-II local supplier ' means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content
as prescribed for 'Class-II local supplier' but less than that prescribed for
'Class-I local supplier' under this Order.
2.4 'Non - Local supplier ' means a supplier or service provider, whose goods,
services or works offered for procurement, has local content less than that
prescribed for 'Class- II local supplier' under this Order.
2.5 'L 1' means the lowest tender or lowest bid or the lowest quotation received
in a tender , bidding process or other procurement solicitation as adjudged
in the evaluation process as per the tender or other procurement
solicitation.

Page | - 33 -
2.4 'Margin of purchase preference ' means the maximum extent to which the
price quoted by a "Class-I local supplier" may be above the L1 for the purpose
of purchase preference.
2.5 'Nodal Ministry ' means the Ministry or Department identified pursuant to this
order in respect of a particular item of goods or services or works.
2.6 'Procuring entity ' means a Ministry or department or attached or subordinate
office of, or autonomous body controlled by, the Government of India and
includes Government companies as defined in the Companies Act.
2.7 'Works' will also include 'turnkey works'/LSTK Contracts.
3 Eligibility of 'Class-I local supplier'/ 'Class-II local supplier '
(a) Only 'Class-I local supplier' and 'Class-II local supplier', as defined
under the Order, shall be eligible to bid.
(b) For the purpose of this Order, works includes Engineering,
Procurement and Construction (EPC) contracts and services include
System Integrator (SI) contracts.
3A Purchase Preference
(a) Subject to the provisions of this Order and to any specific instructions
issued by the Nodal Ministry or in pursuance of this Order, purchase
preference shall be given to ' Class-I local supplier' in procurements
undertaken by procuring entities in the manner specified here under.
(b) Deleted.
(c) In the procurements of goods or works , which are not divisible in nature,
and in procurement of services where the bid is evaluated on price alone,
the 'Class-I local supplier' shall get purchase preference over 'Class-II
local supplier ' as well as 'Non-local supplier', as per following procedure:

i. Among all qualified bids , the lowest bid will be termed as L1. If L1
is 'Class-I local supplier', the contract will be awarded to L1.

ii. If L1 is not 'Class-I local supplier', the lowest bidder among the
'Class-I local supplier', will be invited to match the L1 price subject
to Class-I local supplier's quoted price falling within the margin of
purchase preference, and the contract shall be awarded to such
'Class-I local supplier' subject to matching the L1 price.

In case such lowest eligible 'Class-I local supplier' fails to match the L1
price, the 'Class-I local supplier' with the next higher bid within the margin
of purchase preference shall be invited to match the L1 price and so on
and contract shall be awarded accordingly. In case none of the 'Class-I
local supplier' within the margin of purchase preference matches the L1
price, the contract may be awarded to the L1 bidder.
(d) "Class-II local supplier" will not get purchase preference in any
procurement, undertaken by procuring entities.

3B. a) Deleted.
4. Minimum local content: The 'local content' requirement to categorize a supplier
as 'Class-I local supplier' is minimum 50%. For 'Class-II local supplier', the 'local
content' requirement is minimum 20%. Nodal Ministry/ Department may
prescribe only a higher percentage of minimum local content requirement to
categorize a supplier as 'Class-I local supplier'/ 'Class-II local supplier'. For the
items, for which Nodal Ministry/ Department has not prescribed higher minimum
local content notification under the Order, it shall be 50% and 20% for 'Class-I
local supplier'/ 'Class-II local supplier' respectively.
5. Margin of Purchase Preference: The margin of purchase preference shall be
Page | - 34 -
 20%.
6. Verification of local content:
a) The 'Class-I local supplier'/ 'Class-II local supplier' at the time of tender, bidding
or solicitation shall be required to indicate percentage of local content and
provide self-certification that the item offered meets the local content
requirement for 'Class-I local supplier'/ 'Class-II local supplier', as the case may
be. They shall also give details of the location(s) at which the local value
addition is made.

b) The 'Class-I local supplier'/ 'Class-II local supplier' shall be required to

provide a certificate from the statutory auditor or cost auditor of the
company (in the case of companies) or from a practicing cost accountant
or practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content.

c) Decisions on complaints relating to implementation of this Order shall be

taken by the competent authority which is empowered to look into
procurement-related complaints relating to the procuring entity.

d) Nodal Ministries may constitute committees with internal and external

experts for independent verification of self-declarations and auditor's/
accountant's certificates on random basis and in the case of complaints.

e) Nodal Ministries and procuring entities may prescribe fees for such
complaints.
f) False declarations will be in breach of tender conditions for which a
bidder or its successors can be debarred for up to two years as per
ONGC Banning provisions along with such other actions as may be
permissible under law.
g) A supplier who has been debarred by any procuring entity for violation of this
Order shall not be eligible for preference under this Order for procurement by
any other procuring entity for the duration of the debarment. The debarment
for such other procuring entities shall take effect prospectively from the date
on which it comes to the notice of other procurement entities, in the manner
prescribed in the PPP-MII Order issued by DPIIT (as amended).
h) In respect of procuring entities other than the one which has carried out the
debarment, the debarment takes effect prospectively from the date of uploading
on the website(s) in the such a manner that ongoing procurements are not
disrupted.
7. Reciprocity Clause
i Entities of countries which have been identified by the nodal
Ministry/Department as not allowing Indian companies to participate in their
Government procurement for any item related to that nodal Ministry shall not be
allowed to participate in Government procurement in India for all items related
to that nodal Ministry/ Department, except for the list of items published by the
Ministry/ Department permitting their participation.
ii. The term 'entity' of a country shall have the same meaning as under the FDI
Policy of DPllT as amended from time to time.
8. Deleted
8A Deleted

29.3 Concurrent application of Public Procurement Policy for Micro and Small
Enterprises Order, 2012 and Public Procurement (Preference to Make in India) Order,
2017 (DoE O.M. No. No. F.1/4/2021-PPD dated 18.05.2023):

Page | - 35 -
1. The Class-I local suppliers, under PPP-MII Order, participating in any government
tender, may or may not be MSEs, as defined under the MSME Act. Similarly, MSEs
participating in any government tender, may or may not be Class-I local suppliers.
Suppliers may be categorised in following four broad categories for consideration or
applicability of purchase preference:

Category Terminology

Supplier is both MSE & Class-I local "MSE Class-I local supplier''
supplier.
Supplier is MSE but not Class-I local "MSE but non-Class-I local supplier"
supplier.
Supplier is not MSE but is Class-I "Non-MSE but Class-I local
local supplier. supplier''
Supplier is neither MSE nor Class-I "Non-MSE non-Class-l local
local. supplier"

2. The applicability of PPP-MSE Order and PPP-MII Order in various scenarios,

involving simultaneous purchase preference to MSEs and Class-I local suppliers
under PPP-MSE Order and PPP-MII Order respectively, shall be as under:
a) Deleted.
b) Deleted.
c) If items are neither notified for sufficient local capacity nor reserved for MSEs,
then the process will be as follows:
c (a) Deleted.
c (b) Items covered under Para 3A(c) of PPP-MII Order, 2017 are non- divisible
items and both MSEs as well as Class-I local suppliers are eligible for
purchase preference. Possible scenarios can be as under:
(i) L-1 is "MSE Class-l local supplier''- Contract is awarded to L-1.
(ii) L-1 is not "MSE Class-I local supplier'' but the "MSE Class-I local supplier"
falls within 15% margin of purchase preference - Purchase preference
is to be given to lowest quoting "MSE Class-I local supplier". If lowest
quoting "MSE Class-I local supplier'' does not accept the L-1 rates, the
next higher "MSE Class-I local supplier" falling within 15% margin of
purchase preference is to be given purchase preference and so on.
(iii) If conditions mentioned in sub paras (i) and (ii) above are not met i.e.
L-1 is neither "MSE Class-I local supplier" nor "MSE Class-I local
supplier'' is eligible to take benefit of purchase preference, the contract is
to be awarded/ purchase preference to be given in different possible
scenarios as under:
A. L1 is "MSE but non-Class-I local supplier'' or "Non-MSE but Class-
I local supplier" - Contract is be awarded to L1.
B. L1 is "Non-MSE non-Class-I local supplier" - First purchase
preference to be given to MSE as per PPP-MSE Order. If MSE

Page | - 36 -
 not eligible/ does not accept - purchase preference to be given to
Class- I Local supplier as per PPP-MII Order. If Class-I Local
supplier also not eligible/ does not accept - contract to be awarded
to L-1.
d) Deleted.
e) Non-local suppliers, including MSEs falling in the category of Non-local suppliers,
shall be eligible to bid only against Global Tender Enquiry.

30. CONTACTING THE ONGC

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.

F. AWARD OF CONTRACT

31.0 AWARD CRITERIA.

The purchaser will award the contract to the successful bidder whose bid has been
determined to be in full conformity to the bid documents and has been determined as the
lowest evaluated bid.

32. ONGC’S RIGHT TO ACCEPT ANY BID AND TO REJECT

ANY OR ALL BIDS.

32.1 ONGC reserves the right to reject, accept or prefer any bid and to annul the bidding
process and reject all bids at any time prior to award of contract, without thereby incurring any
liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or
Bidders of the ground for ONGC's action. The ONGC also reserves to itself the right to
accept any bid in part or split the order between two or more bidders.

33.0 NOTIFICATION OF AWARD (NOA)

33.1 Prior to the expiration of the period of bid validity, the ONGC will notify the successful
bidder in writing that its bid has been accepted.

33.2 The notification of award will constitute the formation of the contract.

33.3 Upon the successful bidder’s furnishing performance security, pursuant to clause 36,
the contract shall be signed between the parties as per clause 35.0

34.0 MOBILISATION PERIOD

Successful bidder shall be required to mobilise complete equipment alongwith crew

(only crew in case of Operation and Maintenance Contracts) for commencement of
services at the specified site within a maximum of 09 months from the date of Fax order
/ LOI / NOA.

35.0 SIGNING OF CONTRACT

35.1 The successful bidder is required to sign a formal detailed contract with ONGC within
a maximum period of 30 days of date of Fax order / LOI / NOA. Until the contract is signed,
the Fax order/ LOI /NOA shall remain binding amongst the two parties. In case of delay in
signing the contract on the part of ONGC, contractor shall be paid 80% of the applicable rates

Page | - 37 -
 falling due as per the contractual obligations on adhoc basis, till formal signing of the contact,
after which the balance of due payments shall be released / adjusted against regular bills.
However no payment will be made and moblilisation will not be deemed completed, when the
delay is on the part of the contractor to sign the contract, as per draft contract at Annexure-II
of the tender.

36.0 PERFORMANCE SECURITY

36.1 Within 15 (fifteen) days from the date of issue of LOA/NOA by ONGC, the successful
Bidder shall furnish the Performance Security in accordance with the conditions of the
contract, in the Performance Security Form provided at Appendix 1 of Annexure-II of the
bidding documents, or another form acceptable to the ONGC.

36.2 Failure of the successful Bidder to comply with the requirement of clause 36.1 above
shall constitute sufficient grounds for the annulment of the award as per clause 17.7(c).

36.3 The Performance Guarantee will be returned within 90 days of completion of contract
in all respect/delivery period as per contract / supply order.

37.0 CORRESPONDENCE.

37.1 ONGC's communication address is indicated in NIT.

37.2 All correspondence from Bidders/ contractor shall be made to the office of the
Purchase Authority from where this tender has emanated.

37.3 All correspondence shall bear reference to bid number.

38.0 REPRESENTATION FROM THE BIDDER:

38.1 The bidder(s) can submit representation(s) if any, in connection with the processing of
the tender [including seeking the reasons for rejection of their bid(s)] directly only to the
Competent Purchase Authority (CPA) i.e. to ED-Asset Manager, ONGC, Rajahmundry Asset,
Rajahmundry.

38.2 Raising Disputes / Complaints.

Curriculum Vitae of Independent External Monitors (IEMs) are placed permanently on the
home page of ONGC’s website www.tenders.ongc.co.in. The bidders may raise disputes /
complaints, if any, either with the designated Competent Purchase Authority (CPA) in ONGC
or with concerned Director of ONGC or directly with the IEM c/o Chief Vigilance Officer, ONGC,
Pandit Deen Dayal Upadhyaya Urja Bhawan, 5 Nelson Mendela Marg, Vasant Kunj, New Delhi
- 110070.”

Note:
(i) IEMs would not consider any representation received after the oral submission has
already been made by the representing bidder unless some addition documents or
clarifications have specifically been sought by IEMs from the representing bidder.

(ii) IEMs would consider only those representations on post contract issues wherein there
is an alleged violation of provisions of IP.

iii The name and e-mail IDs of the IEMs appointed in ONGC are as under:
1. Sh. Rishi Kumar Shukla, IPS (Retd), (rishi_2000in@yahoo.com)
2. Vice Admiral Arun Kumar Bahl (Retd.) (arunkbahl@gmail.com)

Page | - 38 -
39.0 UNSOLICITED COMMUNICATIONS:

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

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

The above provision will not prevent any bidder from making representation in connection with
processing of tender directly and only to the Competent Purchase Authority (CPA) as
mentioned in the tender document. However, if such representation is found by CPA to be un-
substantiative and / or frivolous and if the tender has to be closed because of the delays /
disruptions caused by such representations and the job has to be re-tendered, then such
bidder will not be allowed to participate in the re-invited tender.

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

40. Submission of forged documents:

Bidders should note that ONGC may verify authenticity of all the
documents/certificate/information submitted by the bidder(s) against the tender. In
case at any stage of tendering process or Contract/PO execution etc., if it is established
that bidder has submitted forged documents/certificates/information towards fulfilment
of any of the tender/contract conditions, ONGC shall immediately reject the bid of such
bidder(s) or cancel/terminate the contract and forfeit SD submitted by the bidder.

40.1 The bidder shall be required to give an 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. In case any of the
documents/certificates/information submitted by the bidder is found to be false or
forged, action as deemed fit may be initiated by ONGC at its sole discretion.

41. ONGC’s Policy on Climate Change and Sustainability

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

i. ONGC is committed to enhance contribution to sustainable development through a greater

integration of economic, environmental and social dimensions.

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

iii. ONGC shall partner with sustainability advocacy organizations where our strengths are
complementary and also actively propagate the idea of GHG mitigation at national and
international operations where we are business partner.

Page | - 39 -
iv. ONGC shall develop and invest in advanced low carbon technologies to meet growing
demand for affordable energy products while improving security of supply and reducing
environmental impacts.

v. ONGC’s aim shall be to achieve competitive business advantage from GHG abatement
programmes, particularly through process efficiency, besides improving environmental
performance.

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

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

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

41.1 Fraud Prevention Policy of ONGC.

Fraud Prevention Policy of ONGC is available at ONGC’s public portal
http://www.ongcindia.com/, the bidders shall be required to certify that they have read the
Fraud Prevention Policy of ONGC and they would adhere to the same and shall not indulge
themselves or allow others to indulge in fraudulent activities and that they would immediately
apprise the ONGC of the fraud/suspected fraud as soon as it comes to their notice.

42. GST LEGISLATIONS:

‘GST legislations’ means ‘any or all of the following legislations as may be applicable to the
Bidder and ONGC:
i. the Central Goods & Services Tax Act, 2017;
ii. the Integrated Goods & Services Act, 2017;
iii. the Union Territory Goods & Services Tax Act, 2017;
iv. the respective State Goods & Service Tax Acts’
v. the Goods and Services (Compensation to States) Act, 2017
vi. the Customs Act and the Customs Tariff Act.

43. Financing of trade receivables of Micro and Small Enterprises (MSEs) through Trade
Receivables Discounting System(TReDS) platform:

Based on the initiatives of government of India to help MSME vendors get immediate access
to liquid fund based on Buyers (i.e. ONGC’s) credit rating by discounting MSMEs trade
receivables through an auction mechanism where multiple financers can participate and bid,
ONGC has registered itself on TReDS platform with M/s RXIL, M/s MYND Solution and M/s A
TREDS Ltd. (Invoice Mart). Now MSE vendors can avail this benefit by registering themselves
with any of the exchanges providing e-discounting/ electronic factoring services on TReDS
platform and following the procedures defined therein, provided ONGC is also participating in
such TReDS Platform as a Buyer. Such exchanges with participation of ONGC will be notified
from time to time. Currently the exchanges are M/s RXIL, M/s MYND Solution and M/s A
TREDS Ltd. (Invoice Mart).

1. MSE Vendor should be aware that all costs relating to availing the facility of discounting
on TReDS platform including but not limited to Registration charges, Transaction charges for
financing, Discounting Charges, Interest on financing, or any other charges known by any
name shall be borne by MSE Vendor.

2. MSE Vendor hereby agrees to indemnify, hold harmless and keep ONGC and its
affiliates, Directors, officers, representatives, agents and employees indemnified, from any and
all damages, losses, claims and liabilities (including legal costs) which may arise from Sellers
submission, posting or display, participation, in any manner, on the TReDS Platform or from
Page | - 40 -
the use of Services or from the Buyer’s breach of any of the terms and conditions of the Usage
Terms or of this Agreement and any Applicable Law on a full indemnity basis.

3. ONGC shall not be liable for any special, indirect, punitive, incidental or consequential
damages or any damages whatsoever (including but not limited to damages for loss of profits
or savings, business interruption, loss of information), whether in contract, tort, equity or
otherwise or any other damages resulting from using TReDS platform for discounting their
(MSE Vendor’s) invoices.

Note:
(i) Buyer means ONGC who has placed NOA/Purchase Order/ Contract on a MSE Vendor
(Seller).

(ii) Seller means a MSE vendor, who has been awarded NOA/Purchase Order/Contract by the
ONGC (Buyer).

44. GUIDELINES FOR ELIGIBILITY OF A ‘BIDDER FROM A COUNTRY WHICH SHARES

A LAND BORDER WITH INDIA’:
(Order (Public Procurement No. 1) dated 23.07.2020, Order (Public Procurement No. 2) dated
23.07.2020 and Order (Public Procurement No. 3) dated 24.07.2020 issued by Department of
Expenditure, Ministry of Finance, Govt, of India in this regard are available at website
https://doe.gov.in/procurement-policy-divisions )
1) Any bidder from a country which shares a land border with India will be eligible to bid in
this tender only if the bidder is registered with the Competent Authority. Further, any
bidder ( including bidder from India) having specified Transfer of Technology(ToT)
arrangement with an entity from a country which shares a land border with India, shall
also require to be registered with the same competent authority.
[Competent Authority for the purpose of registration shall be the Registration Committee
constituted by the Department for Promotion of Industry and Internal Trade (DPIIT), as
mentioned under Annex I of the Order (Public Procurement No.1) dated 23.07.2020]
2) "Bidder" (including the term 'tenderer’, 'consultant' or 'service provider' in certain contexts)
means any person or firm or company, including any member of a consortium or joint
venture (that is an association of several persons, or firms or companies), every artificial
juridical person not falling in any of the descriptions of bidders stated hereinbefore,
including any agency, branch or office controlled by such person, participating in a
procurement process.
3) "Bidder from a country which-shares a land border with India" for the purpose of this Order
means; -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a
country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above.
4) The beneficial owner for the purpose of (3) above will be as under:
Page | - 41 -
 (i) In case of a company or Limited Liability Partnership, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more
juridical person (s), has a controlling ownership interest or who exercises control
through other means.
Explanation-
a. "Controlling ownership interest" means ownership of or entitlement to, more than
twenty-five per cent, of shares or capital or profits of the company;
b. "Control" shall include the right to appoint majority of the directors or to control
the management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;
(ii) In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
(iii) In case of an unincorporated association or body of individuals, the beneficial owner
is the natural person(s), who, whether acting alone or together, or through one or
more juridical person, has ownership of or entitlement to more than fifteen percent
of the property or capital or profits of such association or body of individuals;
(iv) Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;
(v) In case of a trust, the identification of beneficial owner(s) shall include identification
of the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective control
over the trust through a chain of control or ownership.
5) An Agent is a person employed to do any act for another, or to represent another in
dealings with third person.
6) CERTIFICATE REGARDING COMPLIANCE:

a) Bidders shall submit following certificate:

“We have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India. We certify that bidder M/s. _____
(name of the bidder) is not from such a country or if from such a country, has been
registered with the Competent Authority. We hereby certify that bidder M/s.
_______(Name of bidder) fulfills all the requirement in this regard and is eligible to
be considered against the tender.”
[wherever applicable bidder must submit evidence of valid registration by
Competent Authority]
b) The successful bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority. Bidder shall submit the
following certificate in this regard:
“We have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to
contractors from such countries.
We certify that bidder M/s. _______(Name of bidder) will not sub-contract any work
to a contractor from such countries unless such contractor is registered with the
Competent Authority.”

Page | - 42 -
 [wherever applicable bidder must submit evidence of valid registration by
Competent Authority]
c) Bidders shall submit following certificate:
“I have read the clause regarding restrictions on procurement from a bidder having
Transfer of Technology (ToT) arrangement. I certify that this bidder does not have
any ToT arrangement requiring registration with the competent authority.”
OR
“ I have read the clause regarding restrictions on procurement from a bidder having
Transfer of Technology (ToT) arrangement. I certify that this bidder has valid
registration to participate in this procurement.”

If such certificate (as mentioned as (a) , (b) & (c) above) given by a bidder whose
bid is accepted, is found to be false, this would be a ground for immediate rejection
of bid/termination of contract and forfeiture of EMD/Security Deposit.

The above certificate shall form part of PO/contract.

The registration, wherever applicable, should be valid at the time of submission of bids
and at the time of acceptance of bids. If the bidder was validly registered at the time of
acceptance / placement of order, registration shall not be a relevant consideration during
contract execution.
7) Further, the above guidelines will not apply to bidders from those countries (even if
sharing a land border with India) to which the Government of India has extended lines of
credit or in which the Government of India is engaged in development projects. Updated
lists of countries to which lines of credit have been extended or in which development
projects are undertaken are given in the website of the Ministry of External Affairs, Govt.
of India.
‘Agent’ mentioned in the above guidelines also includes dealer/distributor/sole selling agent.

45. New vendor development through development order process (Applicable for Oil Field
Services):
ONGC may consider development of new service providers, at its sole discretion. Details of
New vendor development through development order process (Development Order Policy) in
ONGC, are available on ONGC’s tender website: tenders.ongc.co.in. Domestic vendors
(Indigenous Service provider only), who do not fulfill past supply experience criteria in a tender,
may participate in development order process. Request of indigenous service providers for
development order may be considered for examination and development order process.
The interested vendor(s)(Indigenous Service provider only) seeking development order can
send their request to Head INDEG, Oil and Natural Gas Corporation Ltd, Deendayal Urja
Bhawan, 5-A Nelson Mandela Marg, Vasant Kunj, New Delhi – 110070 at the e-mail id as
designated for this purpose on ONGC tenders website along with supporting documents in
respect of capability to provide such services for which they are seeking development order
(e.g. existing facility, Udyog Adhaar Certificate/Udyam Registration Certificate, GST
Registration Certificate etc.).
Vendors (bidders) to note that mere applying for development order and subsequent
successful inspection of factory/facilities by ONGC, does not qualify any vendor for any
assured development order(s) from ONGC.

46. Registration of Vendors in Government e-Marketplace

It shall be mandatory for the bidders to be registered on GeM portal and obtain a unique GeM
seller ID at the time of placement of order/acceptance of contract. This unique GeM seller ID
is required to be incorporated in Purchase order/Contract. In case, bidder has already obtained
Page | - 43 -
this unique ID, the same is to be provided along with the bid. Otherwise, in case of award of
order/contract, successful bidder is required to provide the Unique GeM seller ID within 15
days of placement of NOA. As this unique ID is required to be incorporated in Purchase
Order/Contract, any delay in providing this will be on account of the supplier/contractor.

47. POLICY OF RELAXATIONS TO STARTUPS : Not Applicable.

Page | - 44 -
 Appendix - 1

BIDDING DOCUMENT ACKNOWLEDGEMENT PROFORMA

Dated:
Oil & Natural Gas Corporation Ltd.

Dear Sirs,

We hereby acknowledge downloading from complete set of e-Bidding documents

pertaining to providing of services against tender no.
K16KL23006.

We have noted that the closing date for receipt of the tender by ONGC is
at 1500 hrs. (IST) and opening at 1530 hrs. (IST) on the same day.

We guarantee that the contents of the above said Bidding Documents will be kept
confidential within our organization and text of the said documents shall remain the property
of ONGC and that the said documents are to be used only for the purpose intended by
ONGC.

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

TELEX NO:
FAX NO:
TELEPHONE NO ; Yours faithfully,
PERSONAL ATTENTION OF:
(IF REQUIRED) (BIDDER)

Note : This form duly filled and digitally signed should be uploaded along with offer.

Page | - 45 -
 Appendix-2

Tender No. Contractor's Telegraphic Address :

K16KL23006

Oil & Natural Gas Corporation Ltd. Telephone No.

TELEX NO:
FAX NO:
Dear Sirs,

1. I/We hereby offer to supply the services detailed in schedule hereto or such portion thereof
as you specify in the Acceptance of Tender at the price given in the said schedule
and agree to hold this offer open till 90 days from the date of TBO.

2. I/We have understood and complied with the "Instructions to Bidders" at Annexure - I,
"Bid Evaluation Criteria" at Annexure IV and accepted the "General Terms and Conditions"
at Annexure II for providing services and have thoroughly examined and complied with
the specifications, drawings, Special Conditions of Contract and/or pattern stipulated at
Annexure III hereto and am/are fully aware of the nature of the service required and my/our
offer is to provide services strictly in accordance with the requirements.

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

4. Agreement at Appendix 3 on Bidding documents and submission of Tender has been duly
signed and uploaded.
Yours faithfully,

Signature of Bidder
Address
Dated
Signature of witness
Address

Note : This form duly filled and digitally signed should be uploaded along with offer.

Page | - 46 -
 Appendix - 3
AGREEMENT

No. Dated

To,
Oil & Natural Gas Corporation Ltd.,

Sub: BIDDING DOCUMENTS

Ref: TENDER No. K16KL23006
ONGC and the Bidder agree that the Notice Inviting Tenders (NIT) is an offer made
on the condition that the bidder will sign the Integrity Pact and the Bid would be kept open in
its original form without variation or modification for a period of 90 (state the number of days
from the last date for the receipt of tenders stated in the NIT) days AND THE MAKING OF
THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE
ACCEPTANCE of this condition of the NIT. They confirm acceptance and compliance with the
Integrity Pact in letter and spirit. They further agree that the contract consisting of the above
conditions of NIT as the offer and the submission of Bid as the Acceptance shall be
separate and distinct from the contract which will come into existence when bid is finally
accepted by ONGC. The consideration for this separate initial contract preceding the main
contract is that ONGC is not agreeable to sell the NIT to the Bidder and to consider the bid
to be made except on the condition that the bid shall be kept open for 90 (so many) days
after the last date fixed for the receipt of the bids and the Bidder desires to make a bid on
this condition and after entering into this separate initial contract with ONGC. ONGC
promises to consider the bid on this condition and the Bidder agrees to keep the bid open
for the required period. These reciprocal promises form the consideration for this separate
initial contract between the parties.

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

Yours faithfully Yours faithfully

(BIDDER) (ONGC)

(This agreement duly filled and digitally signed must be uploaded along with offer.)

Page | - 47 -
 Appendix - 4

Proforma of Bank Guarantee towards Bid Security

BID BOND
Ref. No.................... Bank Guarantee No………..........
Dated ..………………..................
To,
Oil & Natural Gas Corporation Ltd.
__________________________________

Dear Sirs,

1. Whereas Oil & Natural Gas Corporation Ltd. incorporated under the Companies Act,
1956, having its registered office at Pandit Deen Dayal Upadhyaya Urja Bhawan, 5 Nelson
Mendela Marg, Vasant Kunj, New Delhi - 110070 - India and one of its offices at
__________________________________ (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/US Dollars (in figures)___________________ (Indian Rupees /
US Dollars (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. / US$ (in figures)
__________________ (Indian Rupees/ US Dollars (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 agree that this guarantee shall be irrevocable and governed and construed
in accordance with Indian Laws and subject to exclusive jurisdiction of Indian Courts of the
place from where tenders have been invited.

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

____________________________ which includes thirty days after the period of bid validity
and any demand in respect thereof should reach the Bank not later
than_________________(Indicate date of expiry of claim period which includes minimum one
month period from the date of expiry of this bank guarantee).

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

limited to Indian Rs./US$ (in figures) _________________ (Indian Rupees/US Dollars (in
Page | - 48 -
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 : Rajahmundry Bazar Branch
Branch Code : 03485
Bank Account No. : 00000010471668364
IFSC Code : SBIN0003485
SWIFT Code : SBININBB318

Any claim under this Guarantee must be received by us on or before ________(Indicate date
of expiry of claim period which includes minimum one month period from the date of 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 ........... 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:

Page | - 49 -
(i) This Bank Guarantee/all further communications relating to the Bank Guarantee
should be forwarded to .......………………………. (insert the address of the tender
inviting work centre) only
(ii) Bank guarantee, duly executed as per the above format, is to enclosed with 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 either in name of the
issuing Bank or the bidder.

2. deleted.

3. Please indicate the currency in which Bank Guarantee is being given as Indian Rupees.
Indian Rupees/US$ have been mentioned only for illustration.

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

5. The bidders will give Bank Guarantee from any of the following categories of Banks:

(a) Any Scheduled Bank incorporated in India, Bank Guarantee issued by foreign branches
/ foreign offices of such Scheduled Banks be counter guaranteed by the Indian Branch
of any Scheduled Bank incorporated in India.

OR
(b) Any Branch of an International Bank situated in India and registered with Reserve Bank
of India as scheduled foreign bank.

OR
(c) Any foreign Bank which is not a Scheduled Bank in India provided the Bank Guarantee
issued by such Bank is counter guaranteed by any Branch situated in India of any
Scheduled Bank incorporated in India.

Page | - 50 -
 Appendix-4A

(Deleted)

Page | - 51 -
 Appendix - 5
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.

1. Please tick whichever is applicable and cross whichever is/are not applicable.
2. Please sign each sheet.
3. The check-list duly filled in must be uploaded along with the offer.

COMMERCIAL
GROUP 'A'
1.1 Deleted.

2.1 Whether Bank Draft/Bank Guarantee/Banker’s cheque/ cashier’s cheque/

proof of opening of Letter of Credit for the requisite earnest money has been
enclosed with the offer ?

Yes No Not applicable

2.2 (A) If so furnish the following:-

(i) Name of the Bank

(ii) Value
(iii) Number
(iv) Date of issue
(v) Period of validity of the Bank Draft/Bank Guarantee/Letter of Credit.
(The validity of Bank Draft / Cashier’s/Banker’s cheque (as
applicable) should not be less than 3 months)

(B) In case bid security is submitted via NEFT/RTGS/Electronic fund

transfer to designated account of ONGC. The following details shall
be furnished:

NEFT/RTGS/Electronic fund Transfer (Tick mark mode of transaction)

UTR/Transaction No.:

Date & Time of Transaction:

Amount:

Payer’s Account No.:

Signature of the Bidder

Payer’s Account Name:

Payer’s Bank Name & address:

Payer’s Bank IFSC Code:

Page | 51
 Payer’s Bank SWIFT Code:

Bidder shall ensure that tender no. is invariably indicated in the text/remark in
online transfer of Bid security/EMD to ONGC’S account.

3. Have the rates, prices and totals, etc. been checked thoroughly before
signing the tender?
Yes No

4. Has the bidder's past experience proforma (Appendix-6) been carefully

filled and enclosed with the offer ?

Yes No

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

Yes No Not applicable

6. Whether firm prices have been quoted

Yes No

7. Whether the cost of installation/erection/commissioning at site is included

in the prices? If not, whether it has been quoted separately ?

Yes No Not applicable

8. Whether rates have been quoted exactly as per the price bid format?

Yes No Not applicable

9. Whether the period of validity of the offer is as required in bidding

document ? If not, mention the extent of variation.

Yes No Extent of variation in days

10. Whether the offer has been signed indicating full name and clearly showing
as to whether it has been signed as

Secretary Manager Partner

Sole Proprietor Active Partner Pre procuraterium

Others

11. If the Bidder is seeking business with ONGC for the first time, has he
given the details of the parties to whom the offered items/services have
been provided in past alongwith their performance report ?

Yes No
Page | 52
12. Are the pages of the offer consecutively numbered and an indication
given on the front page of the offer as to how many pages are contained
in the offer ?

Yes No

13. Has the offer been prepared in sufficient details/ clarity so as to avoid
post tender opening clarifications/ amendments?

Yes No

14. Whether Appendices 2 & 3 of Annexure-1 of the bidding document duly

filled in and a confirmation that clauses of Annexure I and II complied /
accepted and enclosed with the offer ?

Yes No

15. Whether required sample asked in bidding document has been submitted
alongwith the offer ?

Yes No Not applicable

16. Whether all the clauses of the bidding document are accepted ?

Yes No

37. Confirm that all documents required in un-priced techno-commercial bid

without prices are placed in un-priced folder.

Yes No

38. Confirm that bid and all documents are signed using valid digital saignatures
issued by acceptable Certifying Authority (CA) as per Indian Act 2000.
Yes No

Signature of the Bidder

GROUP `B'

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

enclosed ?

Yes No Not applicable

2. Whether details of your registration under GST have been indicated in the
offer?

Yes No

Page | 53
3. Whether the Bidder has quoted after taking into account various
incentives and concessions permissible under statutes ?

Yes No Not applicable

Signature of the Bidder

Technical

1. Whether necessary literature/catalogue of the equipment as well as spare

parts thereof has been attached with the offer?

Yes No

2. Whether the materials/services being offered fully conform to the required

technical specifications ?

Yes No

3. If not, specify the extent of deviation and how it is suitable to ONGC's

requirement ?

Yes No

(Signature of the Bidder)

Page | 54
 Appendix - 6

BIDDERS PAST SERVICES (SIMILAR) PROFORMA

Refer PQC.

Sl. Contract Contract Name and Contract Period Reference Remarks

No. No. Description address of page of
Client supporting
documents
for
successful
execution
From To
1. ] ] ] ] ] ]
]
2. ] ] ] ] ] ]
]
3. ] ] ] ] ] ]
]
4. ] ] ] ] ] ]
]
5. ] ] ] ] ] ]
]
6. ] ] ] ] ] ]
]
7. ] ] ] ] ] ]
]
8. ] ] ] ] ] ]
]
9. ] ] ] ] ] ]
]

NOTE: - CERTIFICATE FROM CLIENTS TO BE ENCLOSED ALONGWITH THIS

PROFORMA

Signature of the Bidder

_______________________

Name___________________

_________________________

Seal of the Company

_______________________

Page | 55
NOTE: - CERTIFICATE FROM CLIENTS TO BE ENCLOSED ALONGWITH THIS
PROFORMA

Appendix - 7

AUTHORISATION LETTER FOR ATTENDING TENDER OPENING

NO. Date

To,

The
Oil & Natural Gas Corporation Ltd.,

(India)

Subject : Tender No. K16KL23006 due on

Sir,

Mr. has been authorised to be present at the time

of opening of above tender due on at ,
on my/our behalf.

Yours faithfully

Signature of Bidder

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

Page | 56
 Appendix - 8

PROFORMA CERTIFICATE ON RELATIVES

OF DIRECTORS OF ONGC

This has reference to our proposed contract regarding tender no K16KL23006 for
Hiring of Group Gathering Station at Nagayalanka JV project, ONGC Rajahmundry
Asset for a period of 3 years 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.

Authorised Signatory of
The Contracting Party

Place
Date

Page | 57
 Appendix – 9

List of acceptable foreign banks for acceptance of Bank Guarantee

- - Deleted - -

Page | 58
 Appendix – 10

PROFORMA FOR CHANGES/ MODIFICATIONS SOUGHT BY BIDDERS TO

THE BIDDING CONDITIONS

ONGC expects the bidders to fully accept the terms and conditions of the bidding
documents. However, changes/ modifications to the terms and conditions of
bidding documents, if any proposed, can be communicated in the following
proforma, in case pre-bid is not held. This can be used even in cases where pre-
bid is held, to inform about the proposals in advance to the pre-bid date.

Clause No. of Full Changes/ modifications REMARKS

Bidding compliance/ proposed by the
Document not agreed Bidders

Signature of the Bidder

Name .

Seal of the Company

Note:- Bids maintaining or taking exceptions/deviations shall be rejected

straightaway

Page | 59
 Appendix- 11
FORM NO. 10F
{See sub-rule (1) of rule 21 AB}
Information to be provided under sub-section (5) of section 90 or
Sub-section (5) of section 90A of the Income-tax Act, 1961

I……………………..*son/daughter of Shri……………………………..in the

capacity of …………………………………………… (designation) do provide the
following information relevant to the previous year…………………………..*in
my case/in the case of ……………………………….for the purpose of sub-
section(5) of *section 90/section90A:-
Sl.No. Nature of information : Details#
(i) Status (individual, company, firm etc. of the assessee :

(ii) Permanent Account Number (PAN) of the assessee if :

allotted

(iii) Nationality (in the case of an individual) or Country or :

specified territory of incorporation or registration (in the
case of others)

(iv) Assessee’s tax identification number in the country or :

specified territory of residence and if there is no such
number, then a unique number on the basis of which the
person is identified by the Government of the country or
the specified territory of which the 60assesse claims to
be a resident

(v) Period for which the residential status as mentioned in :

the certificate referred to in sub-section (4) of section 90
or sub-section (4) of section 90A is applicable

(vi) Address of the assessee in the country or territory :

outside India during the period for which the certificate,
mentioned in (v) above, is applicable

2. I have obtained a certificate referred to in sub-section (4) of section 90

or sub-section (4) of 90A from the Government of…………………………(
name of country) or specified territory outside India )

Signature………………………………….

Name………………………………………

Address……………………………………

Page | 60
 Permanent Account
No………………….

Verification

I………………………………do hereby declare that to the best of my

knowledge and belief what is stated above is correct, complete and is truly
stated.

Verified today the …………………….day

of…………………………………………...

…………………………………
Signature of the person providing the information

Place…………………………

Notes:
1. *Delete whichever is not applicable
# Write N.A. if the relevant information forms part of the certificate referred
to in sub-section (4) of section 90 or subsection (4) of section 90A.

Page | 61
 Appendix- 12

Certificate of Acceptance of Tender Conditions

[Clause no.B.2,3.0 of Annexure-IV-BEC]

We ...………………….(Name of bidder) hereby certify that all conditions contained

in the tender documents (including Instruction to Bidders at Annexure I, General
Conditions of Contract at Annexure II, Technical Specs, Scope of work and Special
Conditions of Contract at Annexure III) and as well as the instructions contained in
the website ‘etender.ongc.co.in’ are acceptable to us unconditionally.

Authorized Signatory of Bidder

Place:………..
Date…………

Page | 62
 Appendix: 13

Certificate of compliance with the provisions with regard to “Guidelines for

Eligibility of a ‘Bidder from a country which shares a land border with India’”

[Clause no.B.2, 3.1 of Annexure-IV-BEC and Clause No.44 of Instructions to

Bidders-Annexure-I]
Note: Below Undertakings / Declarations must be submitted by the Bidder
after ascertaining of their eligibility after having read carefully clause 44.0
of Instructions to Bidders at Annexure-I of the tender document.

a) Bidders shall submit following certificate:

“We have read the clause regarding restrictions on procurement from a bidder of
a country which shares a land border with India. We certify that bidder M/s. _____
(name of the bidder) is not from such a country or if from such a country, has been
registered with the Competent Authority. We hereby certify that bidder M/s.
_______(Name of bidder) fulfills all the requirement in this regard and is eligible to
be considered against the tender.”
[wherever applicable bidder must submit evidence of valid registration by
Competent Authority]

b) The successful bidder shall not be allowed to sub-contract works to any

contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority. Bidder shall submit the
following certificate in this regard:

“We have read the clause regarding restrictions on procurement from a bidder of
a country which shares a land border with India and on sub-contracting to
contractors from such countries.
We certify that bidder M/s. _______(Name of bidder) will not sub-contract any work
to a contractor from such countries unless such contractor is registered with the
Competent Authority.”
[wherever applicable bidder must submit evidence of valid registration by
Competent Authority].

c) Bidders shall submit following certificate:

“I have read the clause regarding restrictions on procurement from a bidder having
Transfer of Technology (ToT) arrangement. I certify that this bidder does not have
any ToT arrangement requiring registration with the competent authority.”
OR
“ I have read the clause regarding restrictions on procurement from a bidder having
Transfer of Technology (ToT) arrangement. I certify that this bidder has valid
registration to participate in this procurement.”

[SIGNATURE OF THE BIDDER WITH SEAL]

PLACE :

DATE :

Page | 63
 Appendix: 14

Declaration of GST

Declaration as per BEC clause B.2, 4.0(i)

I/ We do confirm that I /we have copy of valid registration certificate under GST
Legislation of India bearing GSTIN No. ……………………………… and copy of
same are enclosed with our offer.
.

Name and Signature of the bidder:

Status of signatory:
Place:

Date:

Page | 64
 Appendix : 15

BIDDER’S INFORMATION PROFORMA

Description Details

Name & address of the Bidder in detail for the purpose of

signing of contract
E-mail address

Phone/ Mobile

Fax

Name & designation of Bid Signatory

(Enclose Power of attorney / Authorisation letter in favour
of the bid signatory. Proprietor to submit an affidavit for
sole proprietorship)
Indicate legal constitution of the bidder company.
(Enclose Company’s Incorporation documents like
certificate of incorporation, partnership deed, MOA & AOA
etc.)
Details of bank account in which payment will be received
in the event of award of contract through Electronic
Payment mechanism (viz. NEFT/RTGS /ECS).
1. Name & Complete Address of the Contractor as per
Bank records.
2. Name & Complete Address of the Bank with Branch
details.

3. Type of Bank account (Current / Savings/Cash Credit)

4. Bank Account Number (indicate ‘Core Bank Account

Number’, if any).
5. IFSC / NEFT Code (11 digit code) / MICR code, as
applicable, alongwith a cancelled cheque leaf.

6. Permanent Account Number (PAN) under Income Tax

Act;
7. Registration no. under GST Legislation of India
(Enclose certificate as per BEC clause B.2 4 j).
8. e-mail address of the vendor / authorized official (for
receiving the updates on status of payments).
Specify Category to which the bidder belongs :
a. Micro, Small and Medium Enterprises as defined in the
“Micro, Small and Medium Enterprises Development
Act, 2006 (MSMEDA, 2006)

b. Manufacturing or service industry,

(Enclose valid documentary evidence in form of valid
MSE Registration Certificate)
Page | 65
 Name of Bidder

Name of signatory
Note: The bidder should provide correct mobile no., e-mail id, valid PAN no.,
valid GST Registration no. for the purpose of timely payment under the
newly rolled out VIMS system. There should not be any discrepancy in the
mobile nos. & e-mail ids indicated at different places in the above table.
Mobile no., e-mail id should be indicated same as that already mapped in
ONGC database/SAP vendor master against the vendor code of the bidder
against which bid has been submitted unless there are strong, valid &
unavoidable reasons for indicating different details since mapping of new
details may become time consuming and result in avoidable delays in
payment. Further, bidder should avoid using a ONGC vendor code for
bidding against the tender against which PAN & GST Registration no.
mapped in ONGC database is different from which the bidder is going to use
during billing in case of award of contract on the bidder against the tender.
In case there is no options with bidder to comply with same, bidder may look
for getting new vendor code with relevant details created in time for bidding
against the tender using the e-tender website of ONGC i.e.
“https://etender.ongc.co.in”. In case, Mobile no., e-mail id of successful
bidder is different to that in ONGC SAP vendor master against the vendor
code used for bidding against tender by successful bidder or GST & PAN
which is going to be used by successful bidder for billing in case of award
of contract against tender is not mapped in ONGC SAP vendor master or is
different to that mapped in ONGC SAP vendor master and successful bidder
warrants the same to replace the existing GST & PAN , efforts shall be made
to update the same at the earliest after award of NOA based on specific
request from bidder post award of NOA to enable timely payment. Bidder
may indicate same PAN no. & GST Registration no. alongwith GST
Registration Certificate which they intend to use for billing in case of award
of contract on bidder.”

Name of Bidder
Name of signatory

Page | 66
 Appendix: 16

Undertaking/ Declaration/ Confirmation

To,
The CGM – I/c MM,
Oil & Natural Gas Corporation Ltd.,
Rajahmundry Asset, Rajahmundry -533106

WE UNDERTAKE/DECLARE AS UNDER:
Description
I/We, hereby confirm unconditional validity of our bid for 90 days from the date of opening of bid.
I/We hereby confirm that I/We have quoted as ONGC’s price bid format as given in the e-bidding engine.
I/We hereby confirm acceptance to the contract period indicated in the tender document.
I/We hereby confirm acceptance to the mobilization period indicated in the tender document.
I/We hereby confirm that I/We have read the ONGC’s “Policy on Climate Change & Sustainability” (clause
no.41 of Instructions to Bidders) and I/We am/are working upon to develop my/our policy as well.
I/We hereby certify that I/We have read the Fraud Prevention Policy of ONGC and I/We would adhere to
the same and shall not indulge ourselves or allow others to indulge in fraudulent activities and that I/We
would immediately apprise the ONGC of the fraud/suspected fraud as soon as it comes to our notice.
I/ We hereby undertake that we have complied/shall comply with all the provisions of GST legislations.
We declare that neither we, the bidders, nor any of our allied concerns, partners or associates or directors
or proprietors involved in any capacity with this tender, are currently serving any banning orders issued by
ONGC debarring them from carrying on business dealings with ONGC.
I/We here by undertake to submit the PBG / Security Deposit @ 10% of annual contract value, in case of
award of Contract.
We have ensured that we have not disclosed any prices or rates in the Bidder’s response sheet or with the
Techno-commercial Bid.
In case the area of work under this tender is not a covered area within the ESI Act, we give undertaking for
providing Medical Insurance Scheme covering all our employees deployed to render services with benefit
not inferior to those provided in Scheme under the ESI Act.
We undertake to provide 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)
We confirm unconditional acceptance of all instructions and conditions of tender document as well as the
instructions contained in the web site etender.ongc.co.in unconditionally.

Signature of Bidder
(with designation & seal)

Page | 67
 Appendix: 17

Undertaking for Local Supplier

(Below undertaking must be submitted on the letterhead of the bidder)

(Delete whichever is not applicable)

(Applicable in case of Class-I local supplier)

“We_________ (Name of the bidder) undertake that we meet the mandatory

minimum Local Content (LC) requirement i.e. equal to or more than 50% for
qualifying as ‘Class-I local supplier’ as per the PPP-MII policy, for claiming
purchase preference linked with Local Contents under the PPP-MII policy against
tender No. ___________. The percentage of local content in the bid is ______%.”

(or)

(Applicable in case of Class-II local supplier)

“We_________ (Name of the bidder) undertake that we meet the mandatory

minimum Local Content (LC) requirement i.e. more than or equal to 20% but less
than 50% for qualifying as ‘Class-II local supplier’ as per the PPP-MII `policy for
participating against tender No. ___________. The percentage of local content in
the bid is ______%.”

[SIGNATURE OF THE BIDDER]

PLACE :

DATE :

Page | 68
 Appendix -17A

Certificate for Local Content from Statutory Auditor (or as the case may be)

[Below certificate must be submitted on the letterhead of statutory auditor (or as

the case may be)]

(Delete whichever is not applicable)

(Applicable in case of Class-I local supplier)

“We __________ the statutory auditor (or as the case may be) of M/s._______
(name of the bidder) hereby certify that M/s._____ (name of the bidder) meet the
mandatory Local Content requirements of the Services i.e. equal to or more than
50% for qualifying as ‘Class-I local supplier’* as per the PPP-MII policy, quoted
vide offer No. _______ dated ________ against ONGC tender No.________ by
M/s ________ (Name of the bidder). The percentage of local content in the bid is
_____%.”

(or)

(Applicable in case of Class-II local supplier)

“We __________ the statutory auditor (or as the case may be) of M/s._______
(name of the bidder) hereby certify that M/s._____ (name of the bidder) meet the
mandatory Local Content requirements of the Services i.e. more than or equal to
20% but less than 50% for qualifying as ‘Class-II local supplier’ as per the
PPP-MII policy, quoted vide offer No. _______ dated ________ against ONGC
tender No.________ by M/s ________ (Name of the bidder). The percentage of
local content in the bid is _____%.”

[SIGNATURE OF THE STATUTORY AUDITOR (OR AS THE CASE MAY

BE)]

PLACE :

DATE :

Note: The above certificate as applicable from Statutory Auditor engaged by

the bidder or cost auditor of the company (in the case of companies) or from
a practicing cost accountant or practicing chartered accountant (in respect
of suppliers other than companies), on the letter head of such Statutory
Auditor etc. (as the case may be) has to be submitted with techno-
commercial bid. Refer clause 29.2 of Instruction to bidders for complete
details.

Page | 69
 Appendix -18

Certificate of Genuineness of Documents/Certificate/Information Submitted

This certificate should be on Bidder’s Letterhead

[Clause No. 40.1 of Annexure-I(ITB) and Clause No. B.2,4(l) of BEC-Annexure-

IV]

I/ We hereby undertake that all the documents/certificates/information submitted

against this tender are genuine. In case any of the documents / certificates
/information submitted is found to be false or forged, action as deemed fit may be
initiated by ONGC at its sole discretion.

[SIGNATURE OF THE BIDDER]

PLACE :

DATE :

Page | 70
 Appendix-19

Declaration of GeM seller ID

(Delete whichever is not applicable)

I/We hereby declare that we have registered on GeM portal and have obtained a
unique GeM seller ID, which is.......................

(or)

I/We hereby undertake to submit a unique GeM seller ID within 15 days of

placement of NOA

[SIGNATURE OF THE BIDDER]

PLACE :

DATE :

Page | 71
 Appendix-20

UNDERTAKING (to be submitted on Company’s Letterhead)

I__________, age ____years Son/ Daughter of ____________, resident of

________________________________________ do solemnly affirm and
state as under:

1. That I am the ______________________ <<Designation of the authorized

signatory>> of _______________and I am duly authorized to furnish this
undertaking/declaration on behalf of_____________ (Name of the
company).

2. That__________ (Name of the company) has submitted its bid no

_______________ dated ________ against tender document
no___________ dated ______ for ________ item / works.

3. That the Company is fully aware of the anti-profiteering provision under the
Goods & Services Tax (“GST”) Law(s).

4. That the Company is passing on the benefits which it is getting on account

of reduced tax liability and input tax credit because of enactment of GST
Laws. The details and amounts being passed on to ONGC are provided in
Annexure-___ of this document and are as per applicable GST Laws.
These are true and correct to the best of my knowledge, information and
belief.

5. I confirm that I am aware of the implication of the above undertaking and

our liability on account of incorrect/misleading declaration under the GST
Laws.

(Authorized signatory of bidder)

Page | 72
 Appendix-21

Standardized format for Memorandum of Understanding (MoU) for

Consortium
This MoU is executed at……… on this ………… day of …………..
between/among:

1. M/s …………., a company duly incorporated and validly existing under the
laws of……………., having its registered office at ……………. Corporate
Identity Number ------------ (hereinafter referred to as “Member 1”) which
expression shall, unless excluded by or repugnant to the subject or context
thereof, be deemed to include its successors, administrators, executors
and permitted assigns);

2. M/s………….., a company duly incorporated and validly existing under the

laws of ……………., having its registered office at………………. Corporate
Identity Number ------------ (hereinafter individually referred to as the
“Member 2)”, which expression shall, unless excluded by or repugnant to
the subject or context thereof, be deemed to include its successors,
administrators, executors and permitted assigns);

AND
(More members can be added on similar lines as above depending on the
members involved in the particular consortium)

The above Member 1 and Member 2 hereinafter shall individually referred

to as “Consortium Member” and collectively be referred to as
“Consortium”

WHEREAS

(A) Oil and Natural Gas Corporation Limited, a company duly incorporated
and validly existing under the (Indian) Companies Act, 1956, having its
registered office at ONGC, Deendayal Urja Bhavan, 5 Nelson Mandela
Marg, Vasant Kunj, New Delhi-110070, India, and having an office,
amongst others, at…………… [insert Purchase Centre Address] hereafter
called “ONGC” has floated a Tender Number ………. for ………. on
……………

(B) The Consortium Members individually do not fulfil the technical eligibility
criteria of the said tender and are not eligible to submit its bid against the
said tender.

(C) The Consortium Members have come together and desired to form a
Consortium for submitting their bid against the said tender of ONGC.

AND WHEREAS

1. The terms and conditions in the bid documents more specifically clause 1.3
& 7.14 of ITB have been read and understood by the Consortium and

Page | 73
 acceptable to each member of the Consortium who agrees to abide by the
same.

2. Each member hereby confirms that he has the qualification and experience
for their respective scope of work as required under the Bid Evaluation
Criteria and fulfils the conditions of eligibility as required therein.

NOW, THEREFORE, the Consortium Members agree as follows:

i) All the members of the Consortium shall be jointly and severally
responsible for the execution and discharge of all the obligations
under the contract, if awarded to the Consortium to the complete
satisfaction of ONGC.
ii) The role and scope/division of work of each Consortium Member
shall be as under:

SL. Name of the Activities Cross Scope of work

No Consortium (Role& reference / activity to be
Member who Scope of within the bid performed,
will carry out Work to be offer, where expressed as
the activity performed) supporting a percentage
documents (%) of Bid
are Value
submitted/
attached ##
1 (i) ……………..%
(ii) ……………..%
Total ……………..%
2 ……………..%
……………..%
## (In case bid has not been prepared before signing of MOU, the
aforesaid cross reference may be provided in the offer in lieu of
indicating in MOU)

(iii) In accordance with the tender conditions of the aforesaid tender,

M/s…………… (Member 1 or 2 as the case may be) is hereby
authorized by all the Consortium members to be the Leader of the
Consortium (hereinafter referred to as the “Leader”) and to act on
behalf of the Consortium, and :

(a) shall submit the bid, execute all relevant Bid Documents and
deliver any documentation required on behalf of the consortium;
(b) shall be responsible for exchange of correspondence with
ONGC and such correspondence exchanged between ONGC
and Leader shall be binding on all Consortium Members
(c) shall be responsible for resolving any disputes/
misunderstanding / undefined activities, if any, amongst all the
members of the Consortium
(d) Notwithstanding the provisions of being jointly and severally
liable to ONGC by all members of consortium, the leader of

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 consortium shall be primarily responsible for full execution of
the entire ‘Scope of work’ of this tender/Contract(if awarded);
(e) shall sign the contract as authorised and on behalf of the
Consortium (Delete if each member of the consortium shall
be signing the contract)
(f) shall undertake full responsibility for timely completion of the
awarded work ; and
(g) shall take the overall responsibility of project management of
entire project.

(iv) All payments under the contract shall be made by ONGC to

individual Consortium Members as duly indicated in Price Bid
format along with member wise details of price breakup /on
percentage basis OR if no such price breakup/ on percentage basis
is provided then only to the Leader of the Consortium (strike out
the one which is not applicable).

In WITNESS WHEREOF, this MOU has been signed by or on behalf of each of

the Members as of the day first above written.

Executed and delivered as a deed

by each Member acting by

……………………………………..

in the presence of: …………………................

Signature

…………………………………….
Address: ……………………………
Occupation: Signature

Instructions:

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

 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 MOU on behalf
of the Member of the consortium.

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 ANNEXURE - II

MODEL CONTRACTAND GENERAL CONTRACT CONDITIONS

(To be signed with the successful bidder)

This CONTRACT is made and entered into on this …..day of ……..Two thousand
and Twenty ……… by and between OIL & NATURAL GAS CORPORATION
LIMITED, a CORPORATION registered under the Companies Act 1956, having its
registered office at Pandit Deen Dayal Upadhyaya Urja Bhawan, 5 Nelson Mendela
Marg, Vasant Kunj, New Delhi - 110070, India and one of its work center at
Rajahmundry,A.P. (hereinafter referred to as “CORPORATION” which expression
shall include its successors, administrators, executors and assignees) on the one
part and M/s ……………., a company registered under the companies Act with its
Registered office at ……… referred to as the “CONTRACTOR” (which expression
shall include its successors, administrators, executors and permitted assignees)
on the other part.

Whereas CORPORATION is desirous of …………… (description of services) for

carrying out CORPORATION’s operations conforming to specifications as set forth
in the Scope of Work at Annexure-III of this agreement.

And Whereas the CONTRACTOR represents that it has the necessary experience
for carrying out CORPORATION's operations as referred to herein and has
submitted a bid for providing the required services against CORPORATION’s
Tender No. K16KC23005 all in accordance with the terms and conditions set forth
herein and any other reasonable requirements of the CORPORATION from time
to time.

And Whereas CORPORATION's has accepted the bid of the CONTRACTOR and
has placed Fax order / Letter of Intent /Notification Of Award vide its letter ………..
dated…. On the CONTRACTOR.

Now it is hereby agreed to by and between the parties as under:

1. DEFINITIONS:

1.0 Unless inconsistent with or otherwise indicated by the context, the following
terms stipulated in this CONTRACT shall have the meaning as defined hereunder.

1.1 CONTRACT

Shall mean a written CONTRACT signed between ONGC and the CONTRACTOR
(the successful bidder) including subsequent amendments to the CONTRACT in
writing thereto.

2 CORPORATION/ONGC:

Shall mean OIL & NATURAL GAS CORPORATION LTD., India and shall include
its legal representatives, successors and permitted assignees.

1.3 SITE

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Shall mean the place in which the operations/services are to be carried out or
places approved by the ONGC for the purposes of the CONTRACT together with
any other places designated in the CONTRACT as forming part of the site.

1.4 CORPORATION’S SITE REPRESENTATIVE/ENGINEER

Shall mean the person or the persons appointed by ONGC from time to time to act
on its behalf at the site for overall co-ordination, supervision and project
management at site.

1.5 CONTRACTOR:

Shall mean any person/ persons/ firm/ company etc. to whom work has been
awarded and whose bid has been accepted by ONGC and shall include its
authorised representatives, successors and permitted assignees.

1.6 SUB-CONTRACT:

Shall mean order/ contract placed by the CONTRACTOR for any portion of the
CONTRACT or work sublet with necessary written consent of ONGC on third party.
Such sub-letting shall not relieve the CONTRACTOR from any obligation, duty or
responsibility under the CONTRACT.

1.7 SUB-CONTRACTOR:

Shall mean any person or persons or firm or their legal representatives,

successors, assignees to whom part of CONTRACT has been sublet by the
CONTRACTOR after necessary consent of ONGC.

1.8 CONTRACTOR’S REPRESENTATIVE

Shall mean such person/or persons duly appointed representative at the site and
base as the CONTRACTOR may designate in writing to the ONGC as having
authority to act for the CONTRACTOR in matters affecting the work and to provide
the requisite services.

1.9 CONTRACT PRICE

Shall mean the sum accepted or the sum calculated in accordance with the rates
accepted by ONGC and amendments thereof, and shall include all fees,
registration and other charges paid to statutory authorities without any liability on
ONGC for any of these charges. The prices will remain firm during currency of the
CONTRACT unless specifically agreed to in writing by ONGC.

1.8 DAY

Shall mean a calendar day of twenty-four (24) consecutive hours beginning at 0000
hours with reference to local time at the site.

1.9 EQUIPMENT/MATERIALS/GOODS:

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Shall mean and include any equipment, machinery, instruments, stores, goods
which CONTRACTOR is required to provide to the ONGC for/under the
CONTRACT and amendments thereto.

1.10 WORKS / OPERATIONS:

Shall mean all work to be performed by the CONTRACTOR as specified in the

Scope of Work under this CONTRACT.

1.11 GUARANTEE:

Shall mean the period and other conditions governing the warranty/guarantee of
the works as provided in the CONTRACT.

1.12 MOBILISATION:

Shall mean rendering the equipment fully manned and equipped as per
CONTRACT and ready to begin work at site designated by ONGC after ONHIRE
survey and ONGC’s acceptance thereafter. The date and time of ONGC’s
acceptance of ONHIRE survey will be treated as the date and time of mobilisation.

1.13 DEMOBILISATION:

Shall mean the removal of all things forming part of the mobilisation from the site
of ONGC. The date and time of OFFHIRE survey shall be treated as the date and
time of demobilisation.

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

1.15 SPECIFICATIONS:

Shall mean and include detailed description, statements to technical data,

performance characteristics, and standards (Indian as well as International) as
applicable and as specified in the CONTRACT.

1.16 INSPECTORS:

Shall mean any person or outside Agency nominated by ONGC to inspect

equipment, materials and services, if any, in the CONTRACT stagewise as well as
final as per the terms of the CONTRACT.

1.17 TESTS:

Shall mean such process or processes to be carried out by the CONTRACTOR as

are prescribed in the CONTRACT considered necessary by ONGC or their
representative in CONTRACT to ascertain quality, workmanship, performance and
efficiency of equipment or services thereof.

1.18 FACILITY:
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Shall mean all property of the ONGC owned or hired by ONGC.

1.19 THIRD PARTY

Shall mean any group, corporation, person or persons who may be engaged in
activity associated with the work specified but who shall remain at an arm’s length
from the work and who shall not have a direct responsibility or authority under the
terms of this CONTRACT.

1.20 APPROVAL:

Shall mean and include the written consent duly signed by ONGC or their
representative in respect of all documents, drawings or other particulars in relation
to the CONTRACT.

1.21 SINGULAR/ PLURAL WORDS:

Save where the context otherwise requires, words imparting singular number shall
include the plural and vice versa and words imparting neutral gender shall include
masculine or feminine gender and vice versa.

1.22 GROSS NEGLIGENCE

Shall mean any act or failure to act (whether sole, joint or concurrent) by a person
or entity which was intended to cause, or which was in reckless disregard of or
wanton indifference to, avoidable and harmful consequences such person or entity
knew, or should have known, would result from such act or failure to act.
Notwithstanding the foregoing, Gross negligence shall not include any action taken
in good faith for the safeguard of life or property.

1.23 WILFUL MISCONDUCT

Shall mean intentional disregard of good and prudent standards of performance or

proper conduct under the CONTRACT with knowledge that it is likely to result in
any injury to any person or persons or loss or damage of property.

1.24 GST LEGISLATIONS:

‘GST legislations’ means ‘any or all of the following legislations as may be

applicable to the Bidder and ONGC:
i. the Central Goods & Services Tax Act, 2017;
ii. the Integrated Goods & Services Act, 2017;
iii. the Union Territory Goods & Services Tax Act, 2017;
iv. the respective State Goods & Service Tax Acts’
v. the Goods and Services (Compensation to States) Act, 2017
vi. the Customs Act and the Customs Tariff Act.

2.0 SCOPE OF WORK/CONTRACT:

Scope of the CONTRACT shall be as defined in the CONTRACT, specifications,

drawings and annexures thereto at Annexure-III.

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3.0 DURATION OF THE CONTRACT:

The Contract shall be valid for a period of Thirty Six (36) months from the date of
successful completion of 72 hrs. Process test run, after commissioning of the plant
or by 18.07.2024 (00:00:00 hrs.), whichever is later.

4.0 NOTICES AND ADDRESSES:

For the purposes of this CONTRACT, the addresses of the parties will be as follows
and all correspondence and notices in relations to the present CONTRACT sent to
the parties at the addresses mentioned below shall be deemed to be sufficient
service of notice on the parties. All such notices as well as reports, invoices and
other relevant material shall be addressed to the parties as per the address given
below:

4.1 OIL & NATURAL GAS CORPORATION LIMITED

For CONTRACT related communication:

CGM - Incharge MM,
First floor, C-Wing, Godavari Bhavan,
Base Complex, Rajahmundry - 533106
Andhra Pradesh-India.
FAX: 0883-2436502/2427788.

For operations, reports and payments:

GGM – Surface Manager,
Ground floor, B-Wing, Godavari Bhavan,
Base Complex, Rajahmundry - 533106
Andhra Pradesh-India.

4.2 CONTRACTOR’S REGISTERED OFFICE AND ADDRESS

……………………..
……………………..
…………………….
Fax:……………….

5.0 DUTIES AND POWER /AUTHORITY :

5.1 The duties and authorities of the ONGC’s site representative are to act on
behalf of the ONGC for:

(i) Overall supervision, co-ordination and Project Management at site

(ii) Proper utilisation of equipment and services.

(iii) Monitoring of performance and progress

(iv) Commenting/ countersigning on reports made by the

CONTRACTOR’s representative at site in respect of works,
receipts, consumption etc. after satisfying himself with the facts of
the respective cases.
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 (v) He shall have the authority, but not obligation at all times and any
time to inspect/test/examine/ verify any equipment machinery,
instruments, tools, materials, personnel, procedures and reports
etc. directly or indirectly pertaining to the execution of the work.
However this shall not construe to imply an acceptance by the
inspector. Hence, the overall responsibility of quality of work shall
rest solely with the CONTRACTOR.
(vi) Each and every document emerging from site in support of any
claim by the contractor has to have the countersignature/ comments
of the ONGC’s representative/engineer without which no claim will
be entertained by the ONGC.

5.2.1 CONTRACTOR’s representative:

(i) The CONTRACTOR’s representative shall have all the powers

requisite for the performance of the works.
(ii) He shall liaise with ONGC’s representative for the proper co-
ordination and timely completion of the works and on any matter
pertaining to the works.
(iii) He will extend full co-operation to ONGC’s representative/inspector
in the manner required by them for
supervision/inspection/observation of equipment, material,
procedures, performance, reports and records pertaining to works.
(iv) To have complete charge of CONTRACTOR’s personnel engaged
in the performance of the work and to ensure compliance of rules
and regulations and safety practice.

6. CONTRACT DOCUMENT :

6.1 Governing language:

The governing language for the CONTRACT shall be English. All CONTRACT
documents and all correspondence and communication to be given and all other
documentation to be prepared and supplied under the CONTRACT shall be written
in English and the CONTRACT shall be construed and interpreted in accordance
with English language.

6.2 Entire Agreement :

The CONTRACT constitutes the entire agreement between the ONGC 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 this agreement.

6.3 Modification in CONTRACT:

All modifications leading to changes in the CONTRACT with respect to technical

and/or commercial aspects, including terms of delivery, shall be considered valid
only when accepted in writing by ONGC by issuing amendment to the
CONTRACT. ONGC shall not be bound by any printed conditions, provisions in
the CONTRACTOR's BID, forms of acknowledgement of CONTRACT, invoice,
packing list and other documents which purport to impose any condition at variance
with or supplement to CONTRACT.

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6.4 Assignment:

The CONTRACTOR shall not, save with the previous consent in writing of the
ONGC, sublet/SUB-CONTRACT, transfer or assign the CONTRACT or any part
thereof in any manner whatsoever. However, such consent shall not relieve the
CONTRACTOR from any obligation, duty or responsibility under the CONTRACT
and CONTRACTOR shall be fully responsible for the services hereunder and for
the execution and performance of the CONTRACT.

6.4.1 In case any part of the work is sub-contracted to a Micro or Small Enterprise
as per contract conditions then the contractor shall provide complete details (i.e.
name of the subcontractor, value of sub-contacted work, copy of valid MSE
registration certificate etc.) of the sub-contractor to ONGC.

6.5 Waivers and amendments :

a) Waivers: - It is fully understood and agreed that none of the terms and
conditions of this CONTRACT shall be deemed waived by either party
unless such waiver is executed in writing only by the duly authorised agents
or representative of both the parties. The failure of either party to execute
any right shall not act as a waiver of such right by such party.
b) Amendments: - It is agreed that CONTRACTOR shall carry out work in
accordance with the completion program (e.g. Drilling programme) to be
furnished by the CORPORATION which may be amended from time to time
by reasonable modifications as CORPORATION sees fit.

7.0 REMUNERATION AND TERMS OF PAYMENT

7.1 Please refer to clause 7 of Special Conditions of Contract.

7.2 Deleted.

7.3 Invoices alongwith supporting documents can be submitted/uploaded through

VIMS Portal (https://vims.ongc.co.in/), which is the preferred mode of
submission of Invoice. Invoice (PDF digitally signed with class II/ III signature)
and supporting documents can be uploaded in VIMS Portal by logging-in with
the help of Vendor Code.

However, in case supplier/contractor is not able to submit/upload the Invoice

through VIMS portal as mentioned above, Invoice alongwith supporting
documents can also be submitted/uploaded in any of the following 2 ways:-
1. EMAIL channel: Invoice (PDF digitally signed with class II/ III signature) and
supporting documents can be submitted by sending these documents to a
designated email-id: ap_invoices[at]ongc[dot]co[dot]in.
2. Submission in Physical form at existing IMS Desk for scanning:
Supplier/Contractor can also submit the invoice and supporting documents at
existing IMS desk at concerned work centers.
Ten (10) digit PO or Contract number should be clearly mentioned in the
invoice. For submitting the invoices through VIMS Portal and Email channel,
following must be ensured:
i) Invoices should be system generated and no hand written invoices shall be
allowed.
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ii) Invoices need to be scanned at a minimum of 300 dpi, preferably in color.
iii) Invoices should be in PDF format only.
iv) For invoices, file name should be kept as "INVxxxxxxx.pdf" (INV must be
prefixed for correct categorization of invoice and differentiation from supporting
document).
v) A regular format must be maintained in which invoices are being submitted
in ONGC.
vi) Invoices should be digitally signed with Class - II /III Digital Certificate issued
by any licensed CAs.
vii) In case, Email channel is being followed, separate mail should be sent for
each invoice.

The original invoice should also accompany the following documents/details:

1) Along with first invoice issued under GST Law:

Following documents / details should be invariably furnished alongwith the first
invoice issued under GST law indicating the GST Registration of service
provider:

e) Insurance policies (As applicable). Please refer to clause 6.6.1 of Special

Conditions of Contract.

2) Payment of Mobilization Charges:

a) Invoice (In accordance with the relevant GST rules).

b) Insurance policies (As applicable). Please refer to clause 6.6.1 of Special

Conditions of Contract.

c) -deleted-

d) Certificate of Acceptance of Successful Completion of Mobilization as per

requirement of the contract

e) –deleted-

3) Periodical / Monthly payment:

a) Invoice (i.e. Tax invoice as per relevant GST rules, in original and duplicate,
clearly indicating GST Registration Number, Service Classification, GST Rate
and amount of GST shown separately).

b) Insurance policies and proof of payment of premium (As applicable). Please

refer to clause 6.6.1 of Special Conditions of Contract.

c) Details of statutory payments like EPF and ESI (as per clause 7.6.1 below),
etc., (As applicable).

d) Undertaking by the contractor regarding compliance of all statutes.

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e) Certificate by the contractor that personnel deployed have been paid not less
than Minimum Wage/Fair wages (as applicable).

f) Copy of Time sheet / Log Sheet /DPRs with summary showing non-operating
period, operating period, Rig move period, idle period, breakdown of
equipment, non deployment / short deployment etc (if any) and reasons
thereof.

g) Attendance Sheet (How many person on board) / Manpower deployment

sheet [showing non deployment / short deployment etc (if any) and reasons
thereof]

h) Statement of persons travelled on chargeable basis (Recoverable), if

applicable.

i) Fuel charges (Daily consumption report of fuel) and statement of material/

consumption (incl. HSD, cement, mud chemicals, pot water, etc.) taken from
ONGC on chargeable basis, if applicable.

j) Catering Bill (Log Sheet).

k) Telephone Bill (Log sheet).

Any other document specifically mentioned in the Contract, or supporting

documents in respect of other claims (if any), permissible under the Contract.

7.4 Deleted.

7.5 In the event of any dispute in a portion or whole of any invoice, the
CORPORATION shall make payment of undisputed portion and shall promptly
notify the CONTRACTOR’s representative in writing for the remaining portion in
CONTRACT to mutually resolve the dispute and if resolved in part or full, payment
shall be made to the CONTRACTOR within 30 days of such settlement.

7.6 ONGC's right to question the amounts claimed

Payment of any invoice shall not prejudice the right of the Corporation to question
the allowability under this Agreement of any amounts claimed therein, provided
ONGC, within one year beyond the expiry of each CONTRACT year, delivers to
CONTRACTOR, written notice identifying any item or items which
it questions and specifying the reasons therefor. 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.

7.6.1 Details of statutory payments like EPF and ESI etc.

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The Contractor (including those engaging ‘International Workers’) shall have itself
registered under Employees’ Provident Fund and Miscellaneous Provisions Act,
1952 and Employees’ State Insurance Act, 1948, inform the respective Code
numbers and follow the relevant statutory provisions, including Schemes / Rules
made thereunder, concerning contract labour deployed in ONGC operations.
Before the commencement of work, the Contractor shall submit the following
information / documents:

(a) In connection with EPF Scheme:

(i) Details and number of workers to be deployed for execution of the contract
with details of their UAN numbers/ photocopies of Form No. 2 and New
Form No.11 submitted to EPFO in respect of such workers who shall be
covered under the EPF Scheme.
(ii) List of `Excluded Employees', if any, not to be covered under the EPF
scheme with certificate to that effect issued by the EPFO or list of
excluded employees’, if any, not to be covered under the EPF scheme
self- certified by the contractor and certificate from the excluded
employees to the effect that they are not covered under EPF Act, 1952
and/ or ESI Act, 1948 alongwith an undertaking/ confirmation that the
contractor indemnifies ONGC for any liabilities for violation of the
provisions of the EPF Act 1952 and ESI Act 1948 arising out of
declarations made by the contractor.
(iii) Copy of monthly return to be filed with the EPFO in Form 5 within 15 days
of the close of every month.

(b) In connection with ESI Scheme:

(i) Details and number of workers to be deployed for execution of the contract
along with details of their UAN, ESI- IP number etc.
(ii) Declaration Form No. 01 and Temporary identification certificate/
Insurance number in respect of each contract worker.
(iii) Details of the contract workers who would not be covered under the said
scheme due to their monthly wages exceeding the current monthly wage
ceiling of Rs.21000/- or as notified from time to time.

Change in manpower deployed from time to time should also be informed

immediately by the Contractor to the PE.

In addition to the above, the Contractor shall also be required to submit each
month the following documents/details to the Corporation:

(i) Copy of PF-ECR along with copy of the digitally signed PDF data sheet of
the ECR , as proof of payment, each month. Details of this PF-ECR Challan and
PDF data sheet shall be verified by the appropriate authority in ONGC from the
official website of EPFO (http://www.epfindia.gov.in).

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(ii) (A) Copy of ESI-ECR duly stamped by the designated Bank, along with
copy of the digitally signed PDF data sheet, as proof of payment towards monthly
remittance of ESI contribution each month.

(B) – Deleted -

(iii) As an Annexure to each EPF-ECR and ESI Challan(s), Contractor shall

also furnish the following Certificates:

a. The furnished information is correct to the best of his knowledge.

b. In case any discrepancies or irregularities is /are noticed in this undertaking,
then ONGC is free to inform the EPFO/ESIC Authorities.
c. Before the completion of contract, Contractor shall serve one month notice to
all his contractual workers, informing that their services will be terminated.
d. Within one month on completion/expiry of the contract, Contractor shall pay
all the dues/ terminal dues such as leave with wages, bonus (if applicable),
Gratuity (if applicable), to all his contractual workmen, failing which
contractor’s Bank Guarantee/ Security Deposit may be withheld by ONGC.

Corporation shall maintain these records and verify the deposit of statutory
contribution made by the contractors with the EPFO/ESI authorities, where
deemed necessary. However, before making payment of the last bill/invoice of the
Contractor, the appropriate authority in the Corporation, shall verify the
details/status of the payment towards EPF/ESI made by the Contractor from the
authorities / official website of EPF/ESI (i.e. http://www.epfindia.gov.in and
http://www.esic.in). In case the information furnished by the Contractor is found to
be incorrect the Corporation shall take appropriate action against the Contractor.

Note: Conditions for applicability of above provisions

Above clause w.r.t. submission of details on EPF and ESI payments shall not be
applicable in following types of contracts:

(a) In those Contracts wherein the services/jobs has been performed

exclusively in the premises of the contractor. Certificate to the effect is to be
submitted by the Contractor that services/jobs to be executed under the contract
have been performed exclusively in his premises.

OR

(b) In those contracts also wherein Contractor has employed only their full time
regular employees for execution of the contract, certificate to the effect is to be
submitted by the Contractor that for execution of the contract, no contractual labour
has been employed and only full time regular employees of the Contractor have
been employed.

OR

(c) Fulfilment of conditions at (i) on EPF and (ii) on ESI mentioned below:

(i) Information sought in above clause pertaining to EPF shall not be required to
be submitted in those contracts wherein the Contractor has employed only
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"Excluded Employees". A Certificate to the effect is to be submitted by the
Contractor that employee deployed for execution of the contract, have been treated
as "Excluded Employees".

'Excluded employee' means --

i. An employee who, having been a member of the Fund, withdrew the full
amount of his accumulation in the Fund on his retirement from service or for
migration abroad from India or for taking employment abroad.
ii. An employee whose pay at the time he is otherwise entitled to become a
member of the Fund, exceeds Rs 15000/- per month.
iii. An apprentice.

(ii) Information sought in above clause pertaining to only ESI shall not be required
to be submitted in those contracts wherein the Contractor has employed only those
contract labour whose pay exceeds ₹21000/- per month as in terms of the current
provisions of the ESI Act, 1948 an employee whose monthly pay exceeds ₹21000/-
is outside the purview of the ESI Act. Certificate to the effect is to be submitted by
the Contractor that for execution of the contract, the monthly wages of all
employees who have been employed, exceeds Rs. 21000/- per month. Further,
ESI Act, 1948 is applicable only in areas where it has been made applicable by
Gazette Notification in this regard. (ESI Act is currently applicable in all States
except the NE States of Manipur and Arunachal Pradesh. Applicability in new
areas of operation is to be verified from the office of the ESI Corporation
concerned.)

In case a Contractor falling under the provisions of the Note mentioned above does
not submit the required details on EPF and ESI payments, then in that case, the
Contractor shall be required to indemnify ONGC for any liabilities arising out of
declarations made by him in future on violation of provisions of the EPF & MP Act
1952 and ESI Act 1948.

7.7 Deleted.

8.0 CLAIMS, TAXES & DUTIES, FEES AND ACCOUNTING:

8.1 CLAIMS:-

CONTRACTOR agrees to pay all claims, taxes and fees for equipment, labour,
materials, services and supplies to be furnished by it hereunder and agrees to allow
no lien or charge resulting from such claims to be fixed upon any property of
CORPORATION. CORPORATION may, at its option, pay and discharge any liens
or overdue charges for CONTRACTOR’s equipment, labour, materials, services
and supplies under this CONTRACT and may thereupon deduct the amount or
amounts so paid from any sum due, or thereafter become due, to CONTRACTOR
hereunder.

8.2 NOTICE OF CLAIMS:-

CONTRACTOR or CORPORATION, as the case may be, shall promptly give the
other, notice in writing of any claim made or proceeding commenced for which that
party is entitled to indemnification under the CONTRACT. Each party shall confer
Page | 87
with the other concerning the defense of any such claims or proceeding, shall
permit the other to be represented by counsel in defense thereof, and shall not
effect settlement of or compromise any such claim or proceeding without the
other’s written consent.

8.3 TAXES:-

CONTRACTOR, unless specified otherwise in the CONTRACT, shall bear all tax
liabilities, duties, Govt. levies etc. including GST and customs duty, Corporate and
personnel taxes levied or imposed on the CONTRACTOR on account of payments
received by it from the CORPORATION for the work done under this CONTRACT.
It shall be the responsibility of the CONTRACTOR to submit to the concerned
Indian authorities, the returns and all other concerned documents required for this
purpose and to comply in all respects with the requirements of the laws in this
regard, in time.

CONTRACTOR shall provide all the necessary compliances/ invoice / documents

for enabling ONGC to avail Input tax credit benefits in respect of the payments of
GST which are payable against the CONTRACT. The CONTRACTOR should
provide tax invoice issued under GST legislations for the goods and Services
(indicating GST). Payment towards the components of GST shall be released by
ONGC only against appropriate documents i.e.: Tax Invoice/Bill of entry for availing
input tax credit (as applicable).

The tax invoices as per above provisions should contain all the particulars as
required under the invoicing rules under the GST legislations, including, but not
limited to the following:

(i) Name, Address and the GST Registration Number (under the relevant Tax
Rules) of the Service Provider (Contractor)
(ii) Name and Address and GST Registration Number of the Service Receiver
(Address of ONGC)
(iii) Description, Classification and Value of taxable service / goods and the
amount of applicable tax (CGST, SGST, IGST, UTGST and cess)
(iv) In case of imported goods, contractor/supplier is required to provide original
Bill of entry or copy of Bill of Entry duly attested by Custom authority.

(v) The Contractor should mention the Place of supply in the invoice raised
under GST Law.
(vi) ONGC would not accept any invoice without its GSTIN mentioned on the
invoice

Note : Bidder who is under composition levy of the GST legislation would raise Bill
of supply instead of Tax invoice which will have GSTIN of supplier as well as
ONGC.

8.3.1 Deleted.

8.4 CUSTOMS DUTY (BCD + IGST): - (applicable for Charter hire services using
CONTRACTOR’s capital equipment like rigs/equipments/ tools/vessels etc and for
petroleum operations, where concessional Customs duty is applicable as per the
policy of Govt. of India in vogue).
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As per Sl. No. 404 of Customs Notification No. 50/2017-Cus dated 30.06.2017 and
amended vide Customs Notification No. 02/2022-Cus dated 01.02.2022 &
40/2022-Customs dated 13.07.2022 (as amended from time to time), the goods
required in relation with petroleum operation for eligible areas, as mentioned in list
33 of said notification, would attract 12% Customs Duty (BCD Nil & IGST @ 12%)
subject to submission of required undertaking/ certificate.

All imports (rigs/equipments/vessel/tool/spares, consumables and accessories)

and import clearance under the contract including payment of Customs Duty shall
be the responsibility of the Contractor.

For import of rigs/equipments/ vessel/tool/ Chemicals/spares and accessories as

specified in list 33, for execution of contract for petroleum operations, Corporation
will provide required undertaking/certificate to contractor for availing concessional
rate of Customs duty for import of equipments/ vessels/tool/ Chemicals/spares
and accessories as specified in list 33, as eligible. Accordingly, only concessional
rate of the Customs duty for equipments/ vessels/tool/ Chemicals /spares and
accessories as specified in list 33 required for operation and maintenance of
equipment and equipments is to be considered while quoting. As regards, re-export
of equipments/vessels/tool/ Chemicals/spares and accessories as specified in list
33 (owned or on lease basis) brought by the contractor (whether Indian or foreign)
for petroleum operation, as the equipments/vessels/tool/ Chemicals/ spares and
accessories as specified in list 33 would be imported by the contractor with
payment of concessional rate of CUSTOMS DUTY; after expiry of the contract with
ONGC, the contractor would have to either re-export the equipments/vessels/tool/
Chemicals/spares and accessories as specified in list 33 or deploy the
equipments/vessels/tool/spares, Chemicals/spares and accessories as specified
in list 33 for petroleum operations in areas where concessional rate of Customs
Duty is applicable after getting a fresh Certificate/documents from the Corporation,
as applicable. The contractor shall also have to indemnify the Corporation against
any claim that may arise due to violation of the Customs Act or the Foreign Trade
Policy by them. In case any equipments/vessels/ tool/ Chemicals/spares and
accessories as specified in list 33 are required to be replaced by the contractor
during the execution of the contract, the Corporation shall issue a fresh
undertaking/certificate, as applicable, and bring the equipments/ vessels/tool/
Chemicals/spares and accessories as specified in list 33 on payment of
concessional rate of Customs Duty.

All imports under the contract shall be done with Corporation’s prior approval only.
The Contractor shall be responsible to carry out all the formalities. In case of any
mis-declarations or offences committed under the Customs rules and regulations
and also allied rules, fine, penalty or any other charges levied by the concerned
authorities on Corporation shall be borne by the Contractor including the element
of interest on Corporation’s funds blocked under such circumstances. Corporation
shall be indemnified by the Contractor against all actions by Govt. or any other
agency for acts of commission and omission.

Contractor shall be responsible to import the equipments/tools for execution of the

contract. The contractor shall undertake to complete all the formalities as required
under the Customs Act / Foreign Trade Policy (FTP) and indemnify ONGC from all
the liabilities of Customs in this regard.
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The equipments/tools imported by the Contractor for petroleum operations against
the certificate/undertaking provided by ONGC shall not be used / deployed by the
Contractor for any purpose other than the jobs arising out of the contract awarded
by Corporation and in the event of the equipments/tools being misused or put to
use other than specified use, the Contractor shall be liable to pay duty, fine, penalty
and other actions taken by the Customs department and other authorities for
violation of the customs rules and regulations and other allied rules.

Similarly in case of deployment of equipment by a contractor on ownership basis

under concessional rate of Customs Duty under Sl. No. 404 of notification no.
50/2017-Cus and amended vide Customs Notification No. 02/2022-Cus dated
01.02.2022 (as amended from time to time) for ONGC contracts, if after the expiry
of contract such equipment are deployed for other licensee/contractor, then the
contractor has to comply with condition of the said notification and indemnify
ONGC against any claim arising out of non-compliance of the said notification.

8.5 CORPORATE TAXES:

8.5.1 The CONTRACTOR shall bear all direct taxes, levied or imposed on the
CONTRACTOR under the laws of India, as in force from time to time.

The CONTRACTOR shall also be responsible for ensuring compliance with all
provisions of the direct tax laws of India including, but not limited to, the filing of
appropriate Returns and shall promptly provide all information required by the
CORPORATION for discharging any of its responsibilities under such laws in
relation to or arising out of the CONTRACT.

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

8.5.3 A non-resident Contractor i.e., a Contractor who is not an Indian tax

resident according to the Indian Income Tax Act, 1961, has the option to obtain on
its own either (A) a Certificate u/s. 195(3) of the Income Tax Act, 1961, or (B) a
Certificate u/s. 197 of the Income Tax Act, 1961, and furnish the said Certificate
u/s. 195(3) or the Certificate u/s.197, as the case may be, to ONGC along with
each of its Invoices. In case the non resident Contractor wishes to exercise this
option, it should convey the same in writing to ONGC at the time of signing the
Contract and an option so exercised shall be final and cannot be changed during
the currency of this Contract. In case an option is so exercised, ONGC shall deduct
tax at source in accordance with the directions contained in the Certificate u/s.
195(3) or the Certificate u/s. 197, as the case may be, as in force at the point in
time when tax is required to be deducted at source.

If after having exercised the option to obtain and furnish a certificate u/s. 195(3) or
a certificate u/s. 197, the non-resident Supplier does not furnish a certificate u/s.
195(3)/197 along with any of its invoices, ONGC shall deduct TDS at the maximum
marginal income-tax rate applicable to the non-resident Supplier as increased by
applicable surcharge and education cess.

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8.5.4 In case the non resident Contractor does not exercise the option in clause
8.5.3 above, an Order u/s. 195(2) of the Income Tax Act, 1961, for the purpose of
deduction of tax at source will be obtained by ONGC from the Indian Income Tax
Department, and tax shall be deducted at source by ONGC as directed in the said
Order u/s. 195(2).

The Corporation, at its discretion, may obtain a Certificate in Form 15CB from a
practicing Chartered Accountant in lieu of obtaining an Order u/s 195(2) from
Income Tax Department, and, in such case, TDS shall be regulated as per the said
Certificate in Form 15CB

8.5.5 In case the non resident Contractor does not exercise the option in clause
8.5.3 above, it shall furnish a Tax Residency Certificate and Form No. 10F
(Appendix – 11 of Annexure-I).

8.5.6. If it is not possible for the non-resident to obtain & submit Tax Residency
Certificate and Form No. 10F to ONGC within a reasonable time, he should furnish
an undertaking to the effect that he is a tax resident of _______________ (the
specified country) and that he shall obtain and provide the TRC and Form No. 10F
to ONGC before 30 days of submission of first Invoice by them or within 3 months
from the date of entering into the contract whichever is earlier. Contractor should
note that any delay in submission of TRC, Form No. 10F and/or PE information
within the specified time may lead to the Income Tax Department directing ONGC
to deduct tax at a higher rate than at which it may otherwise have directed. Such
increased tax liability shall be recovered from the contractor.

8.5.7. As per the provisions of Section 206AA of Indian Income-tax Act, 1961, any
person entitled to receive any sum or income or amount, on which tax is deductible
under the provisions of the Act, is required to furnish its Permanent Account
Number (PAN) to the person responsible for deducting tax at source failing which
tax is required to be deducted at higher of the normally applicable rate and the rate
prescribed by section 206AA which is presently 20%.

The provisions of section 206AA are, however, not applicable to a non-resident

recipient not having a PAN if the non-resident furnishes prescribed details and
documents in lieu of PAN viz., (i) name, email ID, contact no. of the non-resident;
(ii) address of the non-resident in the country of tax residence (iii) tax residency
certificate of the non-resident; and (iv) Tax Identification Number (TIN) of the non-
resident allotted in the country of his tax residence.

Therefore, in case the CONTRACTOR does not furnish its PAN (or a non-resident
CONTRACTOR does not furnish its PAN or the aforesaid prescribed information
and documents), CORPORATION shall deduct tax at source as provided in the
Income-tax Act, 1961, or in the relevant Finance Act, or as directed in the
Certificates u/s 195(3) or 197 or Order u/s. 195(2) or as per Certificate obtained in
Form 15CB, as the case may be, or at such higher rate as may be required by
Section 206AA of Indian Income-tax Act, 1961, from time to time.

8.5.8 For the lapses, if any, on the part of the CONTRACTOR and consequential
penal action taken by the Income Tax department, the CORPORATION shall not
take any responsibility whether financial or otherwise.

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8.5.9 As per section 94A of Indian Income-tax Act, 1961, the Central Government
may, having regard to the lack of effective exchange of information with any country
or territory outside India, specify by notification in the Official Gazette such country
or territory as a Notified Jurisdictional Area (NJA) in relation to transactions entered
into by an Indian tax resident. One of the consequences of a country or territory
being specified as NJA is that TDS from a person located in such country or
territory (as defined in section 94A) is required to be deducted at higher of normally
applicable rate or rate specified in section 94A of the Income-tax Act, which is
presently 30%.

Therefore, if the CONTRACTOR is a person located in a country or territory

specified by the Government of India as NJA under section 94A of the Indian
Income-tax Act, 1961, the CORPORATION shall deduct tax at source as directed
in the Certificates u/s 195(3) or 197 or Order u/s. 195(2) , as the case may be, or
at such higher rate as may be required by Section 94A of Indian Income-tax Act,
1961, as applicable.

“Notes in respect of Tax Residency Certificate’,

(i) The Tax Residency Certificate (TRC) should be in original or a photocopy

duly attested either from a notary public in India or from the Indian Embassy/High
Commission/Consulate in the country whose authorities have issued such TRC.

(ii) During the currency of the Contract / Purchase Order, for the income
accrued in different financial years, the Contractor/Supplier should submit TRC(s)
and Form No. 10F valid for the entire duration of the contract. In case the validity
of a TRC and Form No. 10F expires during the currency of the contract, fresh valid
TRC(s) and Form No. 10F should be submitted by the supplier/contractor for the
remaining part of the currency of the contract.

8.6 PERSONNEL TAXES:-

The CONTRACTOR shall bear all personnel taxes levied or imposed on its
personnel, SUB-CONTRACTOR’s personnel, vendors, consultants etc. on
account of payment received under this CONTRACT.

9.0 PERFORMANCE:-

The CONTRACTOR shall undertake to perform all services under this CONTRACT
with all-reasonable skill, diligence and care in accordance with sound industry
practice to the satisfaction of the CORPORATION and accept full responsibility for
the satisfactory quality of such services as performed by them. Any defect,
deficiencies noticed in the CONTRACTOR’s service will be promptly remedied by
the CONTRACTOR within 10 days upon the receipt of written notice from the
CORPORATION to improve their performance failing which the CORPORATION
may terminate the CONTRACT by giving the CONTRACTOR 30 (thirty) days
written notice.

10.0 PERFORMANCE BOND:-

The CONTRACTOR shall furnish to the CORPORATION within 15 days from the
date of fax CONTRACT/ Letter of Intent(LOI), security deposit in the form of a Bank
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draft / Cashier’s cheque/ Banker’s cheque*/ NEFT/RTGS/Electronic fund transfer
to designated account of ONGC # or in lieu thereof an irrevocable Bank Guarantee
(as per the proforma enclosed at Appendix-I of this Annexure II) for the period
specified in the bid document/ Notification of Award/ LOI, towards performance
under this CONTRACT.

In the event CONTRACTOR fails to honour any of the commitments entered into
under this agreement, and /or in the event of termination of the contract under
provisions of Integrity Pact and /or in respect of any amount due from the
CONTRACTOR to the CORPORATION, the CORPORATION shall have
unconditional option under the guarantee to invoke the above bank guarantee and
claim the amount from the bank. The bank shall be obliged to pay the amount to
the CORPORATION on demand.

# Subject to credit in ONGC’s account within prescribed time.

* The validity of Bank Draft / Cashier’s/Banker’s cheque (as applicable) should not
be less than 3 months.

11.0 IMPORT AND IMPORT CLEARANCE:-

All imports and clearance under this CONTRACT shall be done by the
CONTRACTOR and CORPORATION will not provide any assistance in this
regard.

12.0 DISCIPLINE:-

CONTRACTOR shall carry out operations hereunder with due diligence and in a
safe and workman like manner according to good international oilfield practice.
CONTRACTOR shall maintain strict discipline and good CONTRACT among its
employees and its SUB-CONTRACTOR’s employees and shall abide by and
conform to all rules and regulations promulgated by the CORPORATION
governing the operations. Should CORPORATION feel that the conduct of any of
CONTRACTOR/SUB-CONTRACTOR’s employees is detrimental to
CORPORATION’s interest, the CORPORATION shall have the unqualified right to
request for the removal of such employee either for incompetence, unreliability,
misbehavior, security reasons etc. while on or off the job. The CONTRACTOR
shall comply with any such request to remove such personnel at CONTRACTOR’s
expense unconditionally. The CONTRACTOR will be allowed a maximum of 7
days to replace the person by competent qualified person at CONTRACTOR’s
cost.

13. SAFETY AND LABOUR LAWS:-

CONTRACTOR shall comply with the provision of all laws including Labour Laws,
rules, regulations and notifications issued thereunder 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 outside the living quarters, and welding
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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.

13.1 Verification of character and antecedents of Contractual Manpower

In all contracts involving deployment of Contractor’s manpower within ONGC’s

premises like plants, offices, installations, rigs, stock yards etc., the Contractor
shall submit the following documents to ONGC prior to start of work:

(i) Undertaking from the Contractor that the character and antecedents of the
person(s) proposed to be deployed by them is/are impeccable.

(ii) Undertaking from the Contractor that they have scrutinized the previous
working of the person(s) proposed to be deployed by them and there is nothing
adverse as regards his/her character and antecedent.

(iii) Along with the above mentioned undertakings, the Contractor will provide
certified photocopies of Police verification certificates for inspection by the
authorized representative of ONGC. The Contractor has to obtain Police
verification report (signed by an officer equivalent to DSP rank of 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.

14. Confidentiality Clause:

1. The terms and conditions of this Agreement/ Contract are confidential

between the parties and shall not be disclosed to anyone else, except as shall be
necessary to effectuate its terms.

"Confidential Information" shall not include information that:

(a) is or becomes publicly known through no wrongful or unlawful act

of the Contractor;

(b) is independently developed by the Contractor without the benefit of

ONGC’s Confidential Information.

2. The Confidential Information will be used by the Contractor solely and

exclusively for the purpose of this Contract and will be kept confidential and will not
be disclosed, in whole or in part to any other person, except to those of the
employees, directors, or any other person concerned, acting on their behalf,
(collectively the "Representatives") of the Contractor who need to know such
information for the Contract.

3. “Contractor shall not be deemed to be in breach of confidentiality for any

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disclosure of Confidential Information done with the prior written permission of
ONGC or to the extent required to comply with applicable statutory law, rule or
regulation, order from court or any statutory or governmental authority provided
that the contractor provides reasonable prior written notice, takes all reasonable
and lawful actions to obtain confidential treatment of such disclosure and disclose
the minimum amount and scope of the confidential information necessary to
comply with the applicable law, rules, regulations, order from court or any statutory
or governmental authority.”

4. Contractor shall procure that its Representatives to whom any Confidential

Information is disclosed shall also be bound by this Agreement mutatis mutandis.

5. The Confidential Information shall be and remain the property of ONGC

and any document containing or reflecting the Confidential Information, and all
copies thereof, shall be promptly returned to ONGC upon written request, or
destroyed at ONGC’s option.

6. The obligations set forth herein with respect to Confidential Information will
continue until such period that such information continues to be confidential and
that obligation will continue notwithstanding the termination of business
relationship with Contractor provided that Contractor’s obligations herein shall
cease upon return of the Confidential Information to ONGC or destruction of the
Confidential Information with notice to ONGC.

7. Contractor acknowledges and agrees that it is aware (and that its

representatives acknowledge and agree) that the Confidential Information being
disclosed by ONGC or its representatives may be ‘unpublished price sensitive
information’ as defined under the Securities and Exchange Board of India
(Prohibition of Insider Trading) Regulations, 2015 ("Insider Trading Regulations").
Contractor agrees that Contractor or any of its representative or affiliates shall not
trade in the securities of ONGC while Contractor is in possession of the
Confidential Information, other than in compliance with provisions of the Insider
Trading Regulations.

15. STATUTORY REQUIREMENTS:-

During the tenure of this CONTRACT nothing shall be done by the CONTRACTOR
in contravention of any law, act and/or rules/regulations, thereunder or any
amendment thereof governing interalia customs stowaways, foreign exchange etc.

16. INSURANCE:-

A) (i) CONTRACTOR shall, at his own expense, arrange Workmen's

Compensation / Employer's Liability Insurance policy to cover statutory
liability of an employer for the workmen engaged under this contract also to
cover all risks assumed by the CONTRACTOR in respect of its personnel deputed
under this CONTRACT.
[Above policy, wherever applicable, shall be submitted by the contractor at the time
of mobilization with its validity for the entire contract period. However in case
insurance for entire contract period is not issued by insurance company as per
their company policy, wherever the policy validity is expiring before the contract
period, the policy with extended validity is to be taken and submitted by the
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Contractor to ONGC (Indentor from ONGC to verify compliance) for continuity of
Insurance policy without break before expiry of insurance ( e.g., if policy is expiring
in June, then extended policy to be submitted in June itself before its expiry)]

(ii) Further, CONTRACTOR at his own expense shall also arrange insurance
policy to cover CONTRACTOR’s equipment, tools and any other belongings of
the CONTRACTOR or their personnel during the entire period of their engagement
in connection with this contract even when these are in the custody of ONGC and
that ONGC will have no liability on this account.” [Above policy is to be submitted
at the time of mobilisation and subsequently every year (if renewal of policy have
been done) and not required with monthly invoice]

B) Waiver of subrogation: Except for the workmen's Compensation / Employer's

Liability Insurance for workmen engaged under this contract which have
been obtained by the contractor as their Corporate policy/rules, where ONGC
is neither required to be present as principal Assured or additional Assured,
all insurance policies of the CONTRACTOR with respect to the operations
conducted hereunder as set forth in clause 13 hereof, shall be endorsed by the
underwriter in accordance with the following policy wording:-

“The insurers hereby waive their rights of subrogation against any individual,
CORPORATION, affiliates or assignees for whom or with whom the assured may
be operating to the extent of the Contractual indemnities undertaken by the
CONTRACTOR”.

C) Certificate of Insurance: Before commencing performance of the

CONTRACT, CONTRACTOR shall upon request furnish CORPORATION with
certificates of insurance indicating (1) kinds and amounts of insurance as required
herein (2) insurance CORPORATION or companies carrying the aforesaid
coverage (3) effective and expiry dates of policies (4) that CORPORATION shall
be given thirty (30) days written advance notice of any material change in the policy
(5) waiver of subrogation endorsement has been attached to all policies and (6)
the territorial limits of all policies. If any of the above policy expire or/ are cancelled
during the term of this CONTRACT and CONTRACTOR fails for any reason to
renew such policies, then CORPORATION may replace same and charge the cost
thereof to CONTRACTOR. Should there be lapse in any insurance required to be
carried out by CONTRACTOR hereunder for any reason, losses resulting
therefrom shall be to the sole account of the CONTRACTOR. Such insurance shall
be effected within Insurance Company incorporated and registered in India or
jointly with a Company of International repute and an Insurance Company
incorporated and registered in India.

D) Deductible:-
The contractor shall take policy with minimum deductible as prescribed for the
policy (ies).

That portion of any loss not covered by insurance provided for in this article solely
by reason of deductible provision in such insurance policies shall be to the account
of the CONTRACTOR.

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E) CONTRACTOR shall require all of its SUB-Contractors to provide such of
the foregoing insurance cover as the CONTRACTOR is obligated to provide under
this CONTRACT.

16.1. Pradhan Mantri Suraksha Bima Yojana (PMSBY) and Pradhan Mantri
Jeevan Jyoti Bima Yojana (PMJJBY).

Contractor shall, ensure that all his/ its personnel deployed under this contract
have obtained additional insurance coverage under the Pradhan Mantri Suraksha
Bima Yojana (PMSBY) and Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY)
through the participating banks and submit the proof of such insurance coverage
to the satisfaction of ONGC for defraying the cost of the insurance premium amount
under the contract. The contractor shall also certify that the claim has not been
preferred in the earlier contract of ONGC or otherwise.

ONGC after satisfying by verifying the required documents shall release the
premium amount to contractor. In case a member is covered through more than
one account, insurance cover will be restricted to one only.

17. INDEMNITY AGREEMENT:

17.1 INDEMNITY BY CONTRACTOR:

Unless otherwise specified elsewhere in this CONTRACT, CONTRACTOR shall

indemnify and keep indemnified CORPORATION, its CONTRACTORs (other than
the CONTRACTOR) and/or sub-CONTRACTORs and its/their employees from all
actions, proceedings, suits, claims, demands, liabilities, damages, losses, costs,
charges, expenses(including without limitation, wreck or debris, removal costs,
where wreck or debris removal is ordered by a competent authority) judgements
and fines arising out of or in the course of or caused by the execution of work under
the CONTRACT or other obligations hereunder directly or indirectly associated
herewith and or arising from :

a) personal injury, illness or death of :

i) any of CONTRACTOR’s or subCONTRACTOR’s personnel (even

if caused by or contributed to by the negligence or fault of
CORPORATION); and
ii) subject to clause 17.2 (a) (I) any other person to the extent the
injury, illness or death is caused by the negligence or fault of the
CONTRACTOR or CONTRACTOR’s personnel or
subCONTRACTORs or subCONTRACTOR’s personnel and

b) loss or damage to :

i) any property owned, hired or supplied by CONTRACTOR or

CONTRACTOR’s personnel or subCONTRACTORs or
subCONTRACTOR’s personnel including Constructional Plant
(even if caused by, or contributed to by, the negligence or fault of
CORPORATION); or
ii) subject to clause 17.2 (b) (I) any other property to the extent the
loss or damage is caused by the negligence or fault of the
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 CONTRACTOR or CONTRACTOR’s personnel or
subCONTRACTORs or subCONTRACTOR’s personnel.

17.2 INDEMNITY BY CORPORATION :

Unless otherwise specified elsewhere in this CONTRACT,

CORPORATION shall indemnify and keep indemnified CONTRACTOR
(which expression in this clause includes, unless the context otherwise
requires. SubCONTRACTORs of any tier and their employees) from all
actions, proceedings, suits, claims, demands, liabilities, damages, losses,
costs, charges, expenses and fines arising from :

a) personal injury, illness or death of

i) any employee of the CORPORATION (even if caused by or

contributed to by the negligence or fault of CONTRACTOR);
ii) subject to clause 17.1 (a) (I) any other person to the extent that the
injury, illness or death is caused by the negligence or fault of
CORPORATION ; and

b) any loss or damage to :

i) any property owned, hired or supplied by CORPORATION (even

if caused by or contributed to by the negligence or fault of
CONTRACTOR); except to the extent that such property is in the
care or custody of CONTRACTOR in connection with the work
under the CONTRACT.
ii) Subject to clause 17.1 (b) (I) any loss or damage to any other
property to the extent the loss or damage is caused by the
negligence or fault of CORPORATION.

18. TERMINATION

18.1 Termination on expiry of the CONTRACT

This Agreement shall be deemed to have been automatically terminated on the

expiry of the CONTRACT period unless the ONGC has exercised its option to
extend this CONTRACT in accordance with the provisions, if any, of this
CONTRACT.

18.2 Termination on account of force majeure

ONGC shall have the right to terminate this CONTRACT on account of Force
Majeure, as set forth in clause 23.

18.3 Termination on account of insolvency

In the event the CONTRACTOR at any time during the term of this Agreement
becomes insolvent or makes a voluntary assignment of its assets for the
benefit of creditors or is adjudged bankrupt, then the ONGC shall, by a notice in
Writing have the right to terminate this CONTRACT and all the CONTRACTOR's

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 rights and privileges hereunder, shall stand terminated forthwith.

18.4 Termination for unsatisfactory performance

If the ONGC considers that the performance of the CONTRACTOR is

unsatisfactory or, not upto the expected standard, the ONGC shall notify the
CONTRACTOR in writing and specify in detail the cause of such
dissatisfaction. The ONGC shall have the option to terminate this Agreement
by giving 30 days notice in writing to the CONTRACTOR, if,
CONTRACTOR fails to comply with the requisitions contained in the said
written notice issued by the ONGC.

18.5 Termination for delay in mobilisation

Successful bidder shall be required to mobilize the equipment along with crew for
commencement of services within a maximum of 9 months from the date of NOA.

18.6 Consequences of termination

In all cases of termination herein set forth, the obligation of the ONGC to pay shall
be limited to the period upto the date of termination. Notwithstanding the
termination of this Agreement, the parties shall continue to be bound by the
provisions of this Agreement that reasonably require some action or
forbearance after such termination.

In case of termination of Contract herein set forth, except under 18.1 and 18.2, and
/ or annulment of the contract due to non-submission of Performance Security (as
per clause 36 of Annexure-I), 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 concluded] for a period of two years from the date 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
contract(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.

19.0 LIQUIDATED DAMAGES FOR DELAY IN MOBILISATION:

(a) Successful bidder shall be required to mobilize the equipment along

with crew for commencement of services within a maximum of 9 months
from the date of NOA.
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 (b) If the CONTRACTOR fails to mobilize and deploy the required manpower
/ equipment and / or fails to commence the services within the period specified
in sub clause (a) above, ONGC shall have, without prejudice to any other right
or remedy in law or contract including sub clause (c) below, the right to
terminate the contract.

(c) If the contractor is unable to mobilize / deploy and commence the services
within the period specified in sub clause (a) above, it may request ONGC for
extension of the time with unconditionally agreeing for levy and recovery of
LD. Upon receipt of such a request, ONGC may at its discretion, extend the
period of mobilization and shall recover from the contractor, as an ascertained
and agreed Liquidated Damages, a sum equivalent to 1/2 % of annual contract
value, for each week of delay or part thereof, subject to a maximum of 10%
of the annual contract value.

(d) The parties agree that the sum specified above is not a penalty but a
genuine pre-estimate of the loss/damage which will be suffered by ONGC on
account of delay on the part of the CONTRACTOR and the said amount will
be payable without proof of actual loss or damage caused by such delay.

(e) LD will be calculated on the basis of annual contract value of delayed

cranes excluding duties and taxes, where such duties/taxes have been shown
separately in the contract.

20. SEVERABILITY:

Should any provision of this agreement be found to be invalid, illegal or otherwise

not enforceable by any court of law, such finding shall not affect the
remaining provisions hereto and they shall remain binding on the parties hereto.

21. CHANGE IN LAW:

21.1 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
tender closing date for this CONTRACT and which results in increase in rate of
taxes and duties on the supply of services to ONGC under the CONTRACT (other
than personnel and Corporate taxes), the CONTRACTOR shall be indemnified for
any such increased taxes and duties 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.

21.2 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
tender closing date for this CONTRACT and which results in any decrease in the
rate of taxes and duties on the supply of services to ONGC, (other than personnel
and Corporate taxes), the CONTRACTOR shall pass on the benefits of such
reduced cost, taxes or duties to the CORPORATION, to the extent which is directly
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attributable to such introduction of new legislation or change or amendment as
mentioned above.

21.3 All taxes & duties (except where otherwise expressly provided in the Contract)
as may be levied / imposed in consequences of execution of the Services or in
relation thereto or in connection therewith as per the Acts, Laws, Rules,
Regulations in force on the tender closing date, for the this CONTRACT shall be
to CONTRACTOR’s account. Any increase / decrease in the rate of such duties,
taxes after the tender closing date, but within the contractual completion /
mobilization date as stipulated in the CONTRACT will be to the account of
CORPORATION.

21.4 Any increase in the rate of taxes & duties after the contractual completion /
mobilization date during the extended period will be to the contractor’s account,
where delay in completion /mobilization period is attributable to the
CONTRACTOR. However, any decrease in the rate of taxes and duties after the
contractual completion / mobilization date will be to CORPORATION’s account.

21.5 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.

21.6 Notwithstanding the provision contained in clause 21.1 to 21.4 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 and Fringe benefit tax in respect of contractor and
all of their sub-contractors, agents etc.
(iii) Other taxes & duties including Customs Duty, and GST in addition
to new taxes etc. in respect of sub-contractors, vendors, agents etc
of the CONTRACTOR.

21.7 The above provisions would be applicable only in case of variation in rate
of taxes and duties on supply of services to ONGC and not applicable on taxes
and duties on input (goods and services).

21.8 Any claim or reduction on account of change in law shall be accompanied

with undertaking that the provisions of anti-profiteering clause under GST Act have
been complied with.

22. LIABILITY OF THE GOVERNMENT OF INDIA:-

It is expressly understood and agreed by and between the CONTRACTOR and

ONGC (the Indian PSU), that ONGC is entering into this agreement solely on its
own behalf and not on behalf of any other person or entity. In particular, it is
expressly understood and agreed that the Govt. of India is not a party to this
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agreement and has no liabilities, obligations or rights hereunder. It is expressly
understood and agreed that ONGC is an independent legal entity with power and
authority to enter into CONTRACTs solely in its behalf under the applicable laws
of India and general principles of CONTRACT Law. The CONTRACTOR expressly
agrees, acknowledges and understands that ONGC is not an agent, representative
or delegate of the Govt. of India. It is further understood and agreed that the Govt.
of India is not and shall not be liable for any acts, omissions, and commission,
breaches or other wrongs arising out of the CONTRACT. Accordingly,
CONTRACTOR hereby expressly waives, releases and forgoes any and all actions
or claims, including cross claims, impleader claims or counter claims against the
Govt. of India arising out of this CONTRACT and covenants not to the Govt. of
India as to any manner, claim, cause of action or thing whatsoever arising of under
this CONTRACT

23. FORCE MAJEURE:

In the event of either party being rendered unable by Force Majeure to perform any
obligation required to be performed by them under this Agreement, the relative
obligation of the party affected by such Force Majeure shall, upon notification to
the other party be suspended for the period during which such cause lasts.

The term “Force Majeure” as employed herein shall mean Act of God, floods,
tempest, war, civil riot, fire and Acts, Rules and Regulations of respective
government of the two parties namely ONGC and the Contractor, directly effecting
the performance of the Contract.

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
within seventy-two hours of the alleged beginning and ending thereof, giving full
particulars and satisfactory evidence in support of its claim.

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

If performance under the contract are suspended by Force Majeure conditions

lasting for more than 2 (two) months, ONGC shall have the right to terminate this
Agreement by giving 15 days’ notice.

24. EMPLOYMENT BY FIRMS TO OFFICIALS OF ONGC

Firms/companies who have or had business relations with ONGC are advised
not to employ serving ONGC employees without 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. The ONGC may decide not to deal with such firm(s) who
fail to comply with the above advice.

25. PREFERENCE TO LOCAL COMPANIES:-

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CONTRACTOR agrees to give priority and preference to locally owned
companies, when hiring Sub CONTRACTOR, SUBJECT TO price, quality and
delivery being equivalent.

25.1 Contractor shall source the fuels like petrol, diesel etc., if required for carrying
out the works / services covered under this contract, from M/s. Mangalore Refinery
& Petrochemicals Limited, Mangalore (a subsidiary of ONGC), wherever feasible.

26. JURISDICTION AND APPLICABLE LAW:-

This Agreement including all matter connected with this Agreement, shall be
governed by the laws of India (both substantive and procedural) for the time
being in force and shall be subject to exclusive jurisdiction of the Indian Courts
(the place where the CONTRACT is signed in India). Foreign companies,
operating in India or entering into Joint ventures in India, shall have to obey the
law of the Land and there shall be no compromise or excuse for the ignorance of
the Indian legal system in any way.

27. ARBITRATION

27.1 ARBITRATION (Applicable in case of supply orders/Contracts with

firms, other than Public Sector Enterprises)

1. There shall be no arbitration for disputes involving claims upto Rupees 25

lakhs and more than Rs. 100 crores. Disputes involving claims above Rs. 100
crores shall be adjudicated under the Commercial Courts, Commercial
Division and Commercial Appellate Division of High Courts Act, 2015.

2. Arbitration can be invoked by giving Invocation Notice only after expiry of the
60 days’ period as per Dispute Notice stipulated in the para above.

3. The party wishing to refer a Dispute to Arbitration shall give notice to the other
party specifying all the points of Disputes with details of the amount or claim
to be referred to arbitration ("Invocation Notice"). If the claim is in foreign
currency, the claimant shall indicate its value in Indian Rupee also.

The closing currency exchange rate as applicable on the day prior to the date
of notice, as per “Daily” Closing exchange rate published on Thomson Reuters
internet site https://in.reuters.com/markets/currencies, upto three places of
decimal should be adopted for conversion of foreign currency in Indian
Rupees. The exchange rates presently appearing on the right hand corner of
the exchange rate chart of the said internet site shall be considered as closing
rate for the day

4. For a dispute involving claims above Rs 25 lacs and upto Rs 5 crores, in case
other party is Claimant, 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. In case ONGC itself is the Claimant, it shall
appoint the Sole Arbitrator by invoking the Arbitration clause and inform the
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 Contractor. Such dispute shall be resolved by fast track procedure specified
in Section 29B of the Arbitration and Conciliation Act, 1996.

5. For a dispute involving claims above Rs.5 crores and upto Rs. 100 crore, the
claimant shall appoint an Arbitrator and communicate the same to the other
Party in the Invocation Notice itself along with the copy of disclosure made by
nominated Arbitrator in the form specified in Sixth Schedule of the Arbitration
& Conciliation Act, 1996. For the purpose of Section 21, the Arbitration
Proceeding shall commence only upon date of receipt of Invocation Notice
complete in all respects mentioned above.

The other Party shall then appoint the second Arbitrator within 15 days from
the date of receipt of written notice. The two Arbitrators appointed by the
Parties shall appoint the third Arbitrator, within 30 days, who shall be the
Presiding Arbitrator.

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.

6. For the purpose of appointment of Arbitrator(s), claims amount shall be

computed excluding claim for interest, if any.

7. Parties agree that neither party shall be entitled for any pre-reference or
pendente-lite interest, i.e. date of cause of action till date of Award by Arbitral
Tribunal. Parties agree that claim for any such interest shall not be considered
and shall be void. The Arbitrator or Tribunal shall have no right to award pre-
reference or pendent-lite interest in the matter.
8. The fees payable to each Arbitrator shall be as per rules framed by the High
Court in whose territorial jurisdiction as per contract and seat of arbitration is
situated. In case no rules have been framed, the fees prescribed may be as
per Fourth Schedule of the Arbitration and Conciliation Act, 1996. However,
Arbitrator may fix their fees keeping the aforesaid schedule as guiding factor.

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) 20% of the fees if the claimant has not submitted statement of claim.
(ii) 40% of the fees if the pleadings are complete.
iii) 60% of the fees if the hearing has commenced.

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 iv) 80% of the fees if the hearing is concluded but the award is yet to be
passed.

10. 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.
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.

11. The seat of the arbitration shall be the place from where the LOA / NOA has
been issued. For the sake of convenience, Parties may agree to hold the
proceedings at any other venue. The arbitration shall be conducted in the
English language. Insofar as practicable, the Parties shall continue to
implement the terms of the Contract notwithstanding the initiation of
Arbitration proceedings.

12. Parties agree that neither party may amend or supplement its claim during the
course of arbitral proceedings.

13. The parties may, after invocation of dispute, agree for sharing the cost of
Arbitration equally on 50:50 basis.

14. Subject to the above, the provisions of the Arbitration and Conciliation Act,
1996 as amended and applicable from time to time shall apply to the
arbitration proceedings under this Contract.

27.2 Arbitration clause for Settlement of commercial disputes between

Central Public Sector Enterprises (CPSEs) inter se and CPSE(s) and
Government Department(s)/Organizations(s) – Administrative Mechanism
for Resolution of CPSEs Disputes (AMRCD).

In the event of any dispute or difference relating to the interpretation and

application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs)/ Port Trusts inter se and also between CPSEs and
Government Departments/Organizations (excluding disputes concerning
Railways, Income Tax, Customs & Excise Departments), such dispute or
difference shall be taken up by either party for resolution through AMRCD as
mentioned in DPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.

27.3 Resolution of disputes through conciliation by OEC

Parties hereby agree as under:

If any difference or dispute (hereinafter referred as “Dispute”) under the Contract
arises, the party shall give a 60 days written notice ("Dispute Notice") to the
identified officer of the other party mentioned in the Contract giving details of the

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Dispute. The Parties shall use all reasonable endeavours to resolve the Dispute
mutually and amicably. All efforts by either party within these 60 days Dispute
Notice Period shall be kept confidential by both the parties under Section 75 of the
Arbitration and Conciliation Act, 1996. Parties shall not rely upon any views
expressed or suggestions made by the other party, admissions made by the other
party or the fact that the other party had indicated his willingness to enter into a
settlement as evidence in any Forum / arbitration / court proceeding.

If Parties are unable to resolve the Dispute amicably within 60 days of receipt of
the Dispute Notice, then after expiry of the 60 days’ Dispute notice period, the
aggrieved Party can refer the Dispute to conciliation and / or arbitration subject to
terms and conditions contained herein below:

1) Parties further agree that following matters shall not be referred to conciliation
or arbitration:
i) Any claim, difference or dispute relating to, connected with or arising out of
ONGC’s decision to initiate any proceedings for suspension or banning, or
decision to suspend or to ban business dealings with the Bidder / Contractor and/or
with any other person involved or connected or dealing with bid / contract / bidder
/ contractor.
ii) Any claim, difference or dispute relating to, connected with or arising out of
ONGC’s decision under the provisions of Integrity Pact executed between ONGC
and the Bidder / Contractor.

2) Conciliation:
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 referred
to conciliation through Outside Expert Committee (“OEC”) to be constituted by
CMD, ONGC as provided hereunder:

Proposal for OEC

1. Conciliation through OEC will be resorted in cases involving disputed amount
upto Rs. 250 crores only. The disputed amount will be calculated by considering
the amount of claim and counter-claim of the parties.

2. Claimant shall give notice for conciliation. In cases where the contractor is
claimant then the notice shall be given to the concerned ONGC office as per the
contract, clearly bringing out the points of dispute and the amount claimed with
documents in support of the claim and the party concerned shall not raise any issue
thereafter. It shall be ensured by parties that no parallel proceedings relating to
dispute under the same contract are going on in any Court/Forum/Tribunal. In
case, if any dispute is pending relating to the same Contract, then both the parties

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shall either withdraw the proceedings from the Court/ Tribunal / forum or shall keep
the case in abeyance.

Constitution of OEC

3. CMD, ONGC will have the sole discretion to constitute OEC. OEC will be formed
from the panel of experts maintained by ONGC and will normally comprise of three
members, one member from each category i.e. Technical; Finance/Commercial;
and Legal. However, there will be a single member OEC for disputes involving a
claim and counter claim (if any) upto Rs 1 crore.

Reconstitution of OEC:
CMD is empowered to re-constitute an OEC to fill any vacancy or if any OEC
member is not available to attend the OEC Meetings.

4. Upon constitution of the OEC, Chief Legal Services will issue the appointment
letters to OEC members and inform the same to the parties concerned.

5. The OEC members shall give a declaration of independence and impartiality (as
per Appendix 3) to both the parties before the commencement of the OEC
proceedings.

Constitution of OEC
6. The claimant shall submit its statement of claims to OEC members, and to the
party(s) prescribed in the appointment letter within 30 days of the issue of the
appointment letter (as per Appendix 4).

7. The respondent shall file its reply and counter claim (if any) within 30 days of
the receipt of the statement of claims.

8. Parties may file their rejoinder/additional documents if any in support of their

claim/counter claim within next 15 days. No documents shall be allowed thereafter,
except with the permission of OEC.

9. OEC will commence its meetings only after completion of the pleadings.

10. In case of 3 members OEC, 2 members will constitute a valid quorum and the
meeting can take place to proceed in the matter after seeking consent from the
member who is not available. If necessary video conferencing may be arranged.
However, OEC Recommendations will be signed by all Members. Further, efforts
must be made for unanimous recommendations. In exceptional circumstances
such as death/serious illness of OEC member or if any OEC member has recused
himself from the case during OEC proceedings, then with the consent of both the
parties, two OEC members shall give and sign the recommendations. At the
conclusion of OEC proceedings, OEC members shall give its recommendations for
resolution of disputes based on material before it with proper justification and
reasons. Failure report shall not be construed to be a recommendation by the OEC.

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11. The parties shall be represented by their in-house employees/executives. No
party shall be allowed to bring any advocate or outside consultant/advisor/ agent
to contest on their behalf. Ex-officers of ONGC who have handled the matter in
any capacity are not be allowed to attend and present the case before OEC on
behalf of Contractor. However, ex-employees of parties may represent their
respective organizations.

12. Solicitation or any attempt to bring influence of any kind on either OEC
Members or ONGC is completely prohibited in conciliation proceedings and ONGC
reserves the absolute right to close the conciliation proceedings at its sole
discretion if it apprehends any kind of such attempt made by the Contractor or its
representatives.

13. Parties agree to rely only upon documentary evidence in support of their claims
and not to bring any oral evidence in the OEC proceedings.

14. OEC will give full opportunity of hearing to the parties before giving its
recommendations.

15. OEC will conclude its proceedings in maximum 10 meetings, and give its
recommendations within 90 days of its first meeting. OEC will give its
recommendations to both the parties recommending possible terms of settlement.
CMD, ONGC may extend the time/ number of meetings, in exceptional cases, if
OEC requests for the same with sufficient reasons.

16. OEC members will be paid fees and provided facilities (as detailed under point
27 of this clause) hereinafter, subject to revision by ONGC from time to time and
subject to Government guidelines on austerity measures, if any.

17. Depending upon the location of the OEC members and the parties, the venue
of the OEC meeting shall be either Delhi or Mumbai whichever is most economical
from the point of view of travel and stay etc. OEC meetings can be conducted
through video conferencing.

18. 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 and 30 days thereafter in any further proceeding.

19. Legally, parties are under no obligation to refer a dispute to conciliation or

continue with conciliation proceedings. Parties are free to terminate the conciliation
proceedings at any stage as provided under the Arbitration and Conciliation Act,
1996.

Actions after OEC Recommendations

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20. The recommendations of OEC are non-binding and the parties may decide to
accept or not to accept the same. Parties are at liberty to accept the OEC
recommendation with any modification they may deem fit.

21. The contractor shall give its response to ONGC within 15 days of receiving
OEC Recommendation.

22. If the Recommendations are acceptable to the contractor partly or fully, ONGC
will consider and take a decision on OEC recommendations. Key executive shall
communicate the decision of ONGC to the contractor. If decision of ONGC is
acceptable to the contractor, a settlement agreement under Section 73 of the
Arbitration and Conciliation Act, 1996 will be signed within 15 days of contractor’s
acceptance and same shall be authenticated by all the OEC Members.

23. The timelines mentioned in the above guidelines are with an objective to
achieve expeditious conclusion of OEC proceedings. However, it does not mean
that any action beyond the timelines will be invalid. However, the party concerned
will make all efforts to complete the actions within the stipulated time.

24. The parties shall keep confidential all matters relating to the conciliation
proceedings including minutes of OEC meeting and Recommendations of OEC.
Parties shall not rely upon them as evidence in any arbitration / court proceeding
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 proposalfor
settlement made by the OEC.

25. Confidentiality extends also to the settlement agreement, except where its
disclosure is necessary for purposes of implementation and enforcement. This
stipulation will not apply to disclosure made by ONGC to Govt. of India or its
authorities, if required.

26. Subject to terms and conditions contained in the above paras, the provisions
of the Part III of Arbitration and Conciliation Act, 1996 shall be applicable to the
conciliation proceedings and the parties and the OEC members shall be bound by
the same.

27. Fees and facility to the OEC Members

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1. OEC members shall be entitled for the following fees and facilities (as amended
by ONGC from time to time):

SI. Fees/ Facility Entitlement To be paid

No. by
i. Fees Rs. 30,000 per meeting subject to Contractor
maximum of Rs. 3,00,000 for the whole
case.
In addition, Rs. 10,000 is payable to each
OEC member as a reading fees and one
OEC member chosen by OEC shall be
paid an additional amount of
Rs. 30,000 towards secretarial expenses
in writing Minutes / OEC
Recommendation

ii Fee for Rs. 10,000 Contractor

attending
meeting to
authenticate
the settlement
agreement
iii Transportation Car as per entitlement or Rs. 3,000 per Contractor
in the city of day
the meeting
iv Venue for ONGC conference rooms ONGC
meeting

Facilities to be provided to the out -stationed member

v Travel from the Business class air tickets/ first class train Contractor
city of tickets/ Luxury car/ reimbursement of
residence to actual fare. However, entitlement of air
the city of travel by Business class shall be subject
meeting to austerity measures, if any, ordered by
Govt of India.
vi Transport to Car as per entitlement or Rs. 4,000 Contractor
and fro airport
/ railway
station in the
city of
residence
vii Stay for out 5 Star Hotel ONGC
stationed
members
viii Transport in Car as per entitlement or Rs. 3000 per day Contractor
the city of
meeting
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.
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28. CONTINUANCE OF THE CONTRACT: -

Notwithstanding the fact that settlement of dispute(s) (if any) under arbitration may
be pending, the parties hereto shall continue to be governed by and perform the
work in accordance with the provisions under this CONTRACT.

29. INTERPRETATION: -

The titles and headings of the sections in this CONTRACT are inserted for
convenient reference only and shall not be construed and limiting or extending the
meaning of any provisions of this CONTRACT.

30.0 ENTIRE AGREEMENT: -

This Agreement supersedes all prior Agreements and commitments,

whether oral or in writing between the parties concerning the subject matters
thereof. The right of either party to require strict performances will not be affected
by any previous waiver or course of dealing. Neither this Agreement nor
any modification will be binding on a party unless signed by an authorised
representative of CONTRACTOR and ONGC.

31.0 PATENT INDEMNITY

31.1. The CONTRACTOR shall, subject to the CORPORATION’s compliance with

Sub-Clause below, indemnify and hold harmless the CORPORATION and its
employees and officers from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of any
nature, including attorney’s fees and expenses, which the CORPORATION may
suffer as a result of any infringement or alleged infringement of any patent, utility
model, registered design, trademark, copyright, or other intellectual property right
registered or otherwise existing at the date of the Contract by reason of:

(a) the installation of the Items by the CONTRACTOR or the use of the
Items in the country where the Site is located; and

(b) the sale in any country of the products produced by the Items.

Such indemnity shall not cover any use of the Items or any part thereof other than
for the purpose indicated by or to be reasonably inferred from the Contract,
neither any infringement resulting from the use of the Items or any part thereof,
or any products produced thereby in association or combination with any other
equipment, plant, or materials not supplied by the CONTRACTOR, pursuant to
the Contract.

31.2. If any proceedings are brought or any claim is made against the
CORPORATION arising out of the matters referred to in GCC above Sub-Clause,
the CORPORATION shall promptly give the CONTRACTOR a notice thereof, and
the CONTRACTOR may at its own expense and in the CORPORATION’s name
conduct such proceedings or claim and any negotiations for the settlement of any
such proceedings or claim.

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31.3. If the CONTRACTOR fails to notify the CORPORATION within twenty-eight
(28) days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the CORPORATION shall be free to conduct the same
on its own behalf.

31.4. The CORPORATION shall, at the CONTRACTOR’s request, afford all

available assistance to the CONTRACTOR in conducting such proceedings or
claim, and shall be reimbursed by the CONTRACTOR for all reasonable expenses
incurred in so doing.

31.5. The CORPORATION shall indemnify and hold harmless the CONTRACTOR
and its employees, officers, and Subcontractors from and against any and all suits,
actions or administrative proceedings, claims, demands, losses, damages, costs,
and expenses of any nature, including attorney’s fees and expenses, which the
CONTRACTOR may suffer as a result of any infringement or alleged infringement
of any patent, utility model, registered design, trademark, copyright, or other
intellectual property right registered or otherwise existing at the date of the Contract
arising out of or in connection with any design, data, drawing, specification, or other
documents or materials provided or designed by or on behalf of the
CORPORATION.

32.0 INDEPENDENT CONTRACTOR STATUS:

The CONTRACTOR shall act as an independent contractor performing the

CONTRACT. The Contract does not create any agency, partnership, joint ventures
or joint relationship between the parties.

Subject to all compliance with the CONTRACT, the CONTRACTOR shall be solely
responsible for the manner in which works are performed. All employees,
representatives or sub-CONTRACTORs engaged by the CONTRACTOR in
performing the CONTRACT shall be under the complete control of the
CONTRACTOR and shall not be deemed to be employees of the CORPORATION
and nothing contained in the CONTRACT or in any sub-CONTRACT awarded by
the CONTRACTOR shall be construed to create any contractual relationship
between any such employees or representative or Sub-CONTRACTOR and the
CORPORATION. CONTRACTOR shall be responsible for the acts, defaults or
negligence of the CONTRACTOR, his agencies, servant or workmen.

33.0 EXPORT/RE-EXPORT CONTROL RESTRICTIONS:

In case there are certain export / re-export control restrictions imposed by parent
country of the Contractor(s) w.r.t the items (i.e. goods, equipment, services, or
technology) offered by them to Corporation regarding their end use or the end
user or regarding their usage in certain other countries, then the Contractor can
intimate about same while quoting in the Corporation’s tender(s). Such intimation
by the Contractor about the items (i.e. goods, equipment, services, or technology)
being covered under export control regulations will not lead to rejection of the
offer(s) in Corporation’s tenders. Further, in case of award of Contract on such
bidder(s), it should be stipulated therein that the items (i.e. goods, equipment,
services, or technology) being procured against this CONTRACT would be used
by Corporation for exploration and exploitation of hydrocarbons in India only.
However, if for any reasons whatsoever the end use or end user of these items are
required to be changed or if these goods are to be taken for use in countries outside
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India, then Corporation would request the Contractor to obtain consent from the
concerned authority in their country.

34.0 INTEGRITY PACT:

The Integrity pact, duly signed by the authorized official of ONGC and the
Contractor, will form part of this contract / supply order.

35.0 Limitation of Liability

Notwithstanding any other provisions, except only in cases of wilful misconduct
and / or criminal acts,

a) Neither the Contractor nor the Company (ONGC) shall be liable to the
other, whether in Contract, tort, or otherwise, for any consequential loss or
damage, loss of use, loss of production, or loss of profits or interest costs, provided
however that this exclusion shall not apply to any obligation of the Contractor to
pay Liquidated Damages plus GST thereon to the Company and

b) Notwithstanding any other provisions incorporated elsewhere in the

contract, the aggregate liability of the Contractor in respect of this contract, whether
under the Contract, in tort or otherwise, shall not exceed 50% of the annualised
Contract Price, provided however that this limitation shall not apply to the cost of
repairing or replacing defective equipment by the Contractor, or to any obligation
of the Contractor to indemnify the Company with respect to Intellectual Property
Rights.

c) Company shall indemnify and keep indemnified Contractor harmless from

and against any and all claims, costs, losses and liabilities in excess of the
aggregate liability amount in terms of clause (b) above.

36. Submission of forged documents:

Bidders should note that ONGC may verify authenticity of all the
documents/certificate/information submitted by the bidder(s) against the
tender. In case at any stage of tendering process or Contract/PO execution
etc., if it is established that bidder has submitted forged
documents/certificates/information towards fulfilment of any of the
tender/contract conditions, ONGC shall immediately reject the bid of such
bidder(s) or cancel/terminate the contract and forfeit SD submitted by the
bidder.

37. Consideration of representations on post contract issues submitted by the

bidders to Independent External Monitors (IEMs)

The bidders may raise disputes / complaints, if any, either with the designated
Competent Purchase Authority (CPA) in ONGC or with concerned Director of
ONGC or directly with the IEM c/o Chief Vigilance Officer, ONGC, Pandit Deen
Dayal Upadhyaya Urja Bhawan, 5 Nelson Mendela Marg, Vasant Kunj, New Delhi
- 110070.

However, Bidders should note that IEMs would consider only those
representations on post contract issues wherein there is an alleged violation of
Page | 113
provisions of IP. Hence, bidders should not refer those post contract issues to
IEMs for resolution, for which dispute resolution mechanism has already been
defined in the contract conditions. The post contract issues pertaining to alleged
violation of provisions of IP, if any, should only be referred to IEMs.

Note: The name and e-mail IDs of the IEMs appointed in ONGC are as under:
1. Sh. Rishi Kumar Shukla, IPS (Retd), (rishi_2000in@yahoo.com)
2. Vice Admiral Arun Kumar Bahl (Retd.) (arunkbahl@gmail.com)

38. Financing of trade receivables of Micro and Small Enterprises (MSEs)

through Trade Receivables Discounting System(TReDS) platform:

Based on the initiatives of government of India to help MSME vendors get

immediate access to liquid fund based on Buyers (i.e. ONGC’s) credit rating by
discounting MSMEs trade receivables through an auction mechanism where
multiple financers can participate and bid, ONGC has registered itself on TReDS
platform with M/s RXIL, M/s MYND Solution and M/s A TREDS Ltd. (Invoice Mart).
Now MSE vendors can avail this benefit by registering themselves with any of the
exchanges providing e-discounting/ electronic factoring services on TReDS
platform and following the procedures defined therein, provided ONGC is also
participating in such TReDS Platform as a Buyer. Such exchanges with
participation of ONGC will be notified from time to time. Currently the exchanges
are M/s RXIL, M/s MYND Solution and M/s A TREDS Ltd. (Invoice Mart).

1. MSE Vendor should be aware that all costs relating to availing the facility
of discounting on TReDS platform including but not limited to Registration charges,
Transaction charges for financing, Discounting Charges, Interest on financing, or
any other charges known by any name shall be borne by MSE Vendor.

2. MSE Vendor hereby agrees to indemnify, hold harmless and keep ONGC
and its affiliates, Directors, officers, representatives, agents and employees
indemnified, from any and all damages, losses, claims and liabilities (including
legal costs) which may arise from Sellers submission, posting or display,
participation, in any manner, on the TReDS Platform or from the use of Services
or from the Buyer’s breach of any of the terms and conditions of the Usage Terms
or of this Agreement and any Applicable Law on a full indemnity basis.

3. ONGC shall not be liable for any special, indirect, punitive, incidental or
consequential damages or any damages whatsoever (including but not limited to
damages for loss of profits or savings, business interruption, loss of information),
whether in contract, tort, equity or otherwise or any other damages resulting from
using TReDS platform for discounting their (MSE Vendor’s) invoices.

Note:
(i) Buyer means ONGC who has placed NOA/Purchase Order/ Contract on a MSE
Vendor (Seller).

(ii) Seller means a MSE vendor, who has been awarded NOA/Purchase
Order/Contract by the ONGC (Buyer).

39. In case, certificate submitted by the supplier during tendering stage with regard
to “Guidelines for eligibility of a ‘Bidder from a Country which shares a land border
Page | 114
with India’ ” as mentioned under Instruction to Bidder of Tender document, is found
to be false, then their contract shall be terminated and Security deposit shall be
forfeited.

40. APPLICABLE FOR DEVELOPMENT ORDERS (Applicable for Oil Field

Services):

A development order shall be considered as executed and the respective bidder

shall be considered as developed / proven source, only after satisfactory
completion of field trial testing and issuance of a certificate by the authorized officer
of ONGC to this effect. Thereafter, offers of such developed / proven source will
be considered against future tenders for the services which has been so developed
by the party.

Notwithstanding the above provisions, successful development and execution

thereof does not guarantee the vendor any assured contract(s) from ONGC.

41. Public Procurement (Preference to Make in India) Order 2017” (MII) (as
amended from time to time) of Department for Promotion of Industry and
Internal Trade, read with Ministry of Petroleum & Natural Gas Notification
dated 26.04.2022 on PPP-MII Order (as amended from time to time) :

Ministry of Petroleum & Natural Gas vide Notification No. FP-20013/2/2017-FP-

PNG-Part(4) (E-41432) dated 26.04.2022 has notified that Public Procurement
(Preference to Make in India), Order 2017 (PPP-MII) issued by DPIIT and as
amended from time to time, shall be applicable with certain modifications as
stipulated in MoPNG notification 26.04.2022 ( as amended from time to time).
[All terms and conditions of aforesaid policy shall be applicable as per relevant
clause in Instructions to Bidders (Annexure-I) of Tender document]

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 Appendix – 1 to Annexure- II

Proforma of Bank Guarantee towards Performance Security.

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 Pandit Deen Dayal
Upadhyaya Urja Bhawan, 5 Nelson Mendela Marg, Vasant Kunj, New Delhi -
110070, 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) and ONGC having agreed that the CONTRACTOR
shall furnish to ONGC a performance guarantee for Indian Rupees/US$ ..............
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./US$ (in figures) __________ (Indian
Rupees/US Dollars (in words)_____________________________) without any
demur, reservation, contest or protest and/or without any reference to the
CONTRACTOR. Any such demand made by ONGC on the Bank 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.
Page | 116
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.

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 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 : Rajahmundry Bazar Branch
Branch Code : 03485
Page | 117
Bank Account No. : 00000010471668364
IFSC Code : SBIN0003485

Any claim under this Guarantee must be received by us on or before________

(Indicate date of expiry of claim period which includes minimum one month period
from the 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 ........... 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)

Page | 118
 INSTRUCTIONS FOR FURNISHING PERFORMANCE GUARANTEE

1. The Bank Guarantee will be given on non-judicial stamp paper /franking receipt as per stamp
duty applicable at the place from where the CONTRACT has been placed. The non-judicial stamp
paper /franking receipt should be either in name of the issuing bank or the contractor.

2. deleted.

3. Indian Rs/US $ have been mentioned only for illustration. Please indicate the relevant currency
of the offer i.e. Indian Rs.

4. The expiry date as mentioned in clause 9 should be arrived at by adding 90 days to the
CONTRACT completion date unless otherwise specified in the bidding documents.

5. The bidders will give Bank Guarantee from any of the following categories of Banks:

(a) Any Scheduled Bank incorporated in India, Bank Guarantee issued by foreign branches /
foreign offices of such Scheduled Banks be counter guaranteed by the Indian Branch of
any Scheduled Bank incorporated in India.
OR
(b) Any Branch of an International Bank situated in India and registered with Reserve Bank of
India as scheduled foreign bank.

OR
(c) Any foreign Bank which is not a Scheduled Bank in India provided the Bank Guarantee
issued by such Bank is counter guaranteed by any Branch situated in India of any
Scheduled Bank incorporated in India.

Page | 119
 Appendix - 2

- Deleted -

Page | 120
 APPENDIX 3

Declaration of independence and impartiality by OEC Member

To,

1. ONGC ………….

2. Contractor …………

Subject: Declaration of independence and impartiality by OEC Member in the dispute

between ONGC…………….And………under Contract No…………

I, the undersigned, hereby accept to act as Member of the Expert Committee and conciliate in the
disputes under reference between the parties above named.

I confirm that I am aware of the requirements of law particularly of the Arbitration and Conciliation
Act, 1996, to act as a conciliator. I am able to act as conciliator and am available to act as Member
of the Expert Committee.

I hereby declare that I am independent of each of the parties and have no ownership interest in
any part of the contract under reference or any financial interest in the said contract. I have no
interest in the outcome of the dispute or its settlement.

I hereby affirm that I shall act with honesty, integrity, diligence, and will remain independent and
impartial while discharging my duties as conciliator/OEC Member. I will disclose any interest or
relationship with the parties or the subject matter which might compromise in any manner my
ability or capacity to remain impartial and independent in the matter.

The fees and other facilities offered to me and the terms and conditions contained in the appoint
letter and guidelines issued by ONGC are acceptable to me. I will not demand for enhancement
of the same.

(Signature)
Name:
Address:
Phone:
Email:
Date:

Page | 121
 APPENDIX 4

STATEMENT OF CLAIM(S)/COUNTER CLAIM(S)

1. Chronology of the dispute

2. Brief of the contract

3. Brief history of the dispute:

4. Issues:

5. Details of Claim(s)/Counter Claim(s):

SI no Description of Amount (in USD/INR) Relevant contract

claim(s)/Counter Clause
Claim

6. Basis/Ground of claim(s)/counter claim(s) (along with relevant clause of contract)

Statement of Claims may kindly be restricted to maximum limit of 20 pages. Relevant documents
may be compiled and submitted along with the statement

Page | 122
 Annexure-III

SCOPE OF WORK, TECHNICAL SPECIFICATIONS AND SPECIAL CONDITIONS OF

CONTRACT

Attached Separately.

Page | 123
 Annexure-IIIA
Pre Qualification Criteria(PQC)

Attached Separately.

The bidders qualifying under 2.1(b), 2.1(c)-I, 2.1(c)-II and 2.2, 2.3 of PQC are required to submit
the requisite documentary evidence i.e. Undertaking/Appendix etc. for clause no. 2.1(b), 2.1(c)-I,
2.1(c)-II and 2.2, 2.3 of PQC in the techno-commercial bid.

The corresponding Undertaking/Appendix formats are given below:

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 (Appendix A-1)

FORMAT OF AGREEMENT BETWEEN BIDDER AND THEIR SUPPORTING COMPANY

(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)

Page | 125
 Appendix A-2

GURANTEE BY THE SUPPORTING COMPANY / GUARANTOR

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.

Page | 126
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

OR

(applicable, subject to meeting the conditions stipulated in BEC in respect of additional

Performance Bank Guarantee)

In case of award of contract to the bidder, the bidder on behalf of the Guarantor shall provide
additional 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 Bidder on behalf of the Guarantor.

(Strike through the clause whichever is not applicable)

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)

Page | 127
 M/s __________________________

Witness: Signature__________________
1.Signature________________ Name_____________________
Full Name _________________ Designation ________________
Address___________________ official seal_________________

2.Signature________________
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.

Page | 128
 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.
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,

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'

Page | 129
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 : Rajahmundry Bazar Branch
Branch Code : 03485
Bank Account No. : 00000010471668364
IFSC Code : SBIN0003485
SWIFT Code : SBININBB318

Any claim under this Guarantee must be received by us on or before________ (Indicate date of expiry of
claim period which includes minimum one month period from the 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 ........... at .....................
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WITNESS NO. 1

-------------------------- ________________
(Signature) (Signature)
Full name and official Full name, designation and address (in legible
letters) with Bank stamp
address (in legible letters)

Attorney as per power of Attorney No.............

Dated ....................
WITNESS NO. 2

--------------------------
(Signature)
Full name and official
address (in legible letters)

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 (Appendix A-4)

FORMAT OF AGREEMENT BETWEEN BIDDER THEIR SUPPORTING COMPANY AND THE

ULTIMATE CONTROLLING COMPANY

(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.
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7. 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 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.

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 Annexure-IV

BID EVALUATION CRITERIA

BEC Clause
A. VITAL CRITERIA FOR ACCEPTANCE OF BIDS:-

Bidders are advised not to take any exception/deviations to the bid document. Exceptions/
deviations, if any, should be brought out during the Pre-bid conference. 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 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 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
B1. Technical rejection criteria
The following vital technical conditions should be strictly complied with failing which the bid will be
rejected
1.0 Bid should be complete covering all the 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.2 Commercial rejection criteria:
The following vital commercial conditions should be strictly complied with failing which the bid will
be rejected.
1.0 The bid along with all appendices and copies of documents (except copies of the documents
required in physical form) should invariably be submitted in the ‘document area in C-folder’ through
ONGC’s e-bidding portal, before the scheduled date and time for the tender closing. All the
documents uploaded shall be digitally signed by the authorized signatory of the bidder.
Each file should be digitally signed and then uploaded. The file(s) should not be zipped in a folder
and then digitally signed. The password protected e-bids (Techno-commercial / Price bids), which
require the password to open the file, will not be considered.
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 format
at Appendix-..... (Bidders Response Sheet) 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 on-line price format of ONGC’s
e-procurement engine. The price bids submitted in physical form against e-procurement tenders
shall not be given any cognizance.
However, the following documents should be submitted in physical form, in a sealed envelope
super-scribed as “Physical documents against e-procurement Tender Number………….., due on
………… To be opened by Tender Opening Officers at 1530 Hrs, on due date for opening of bid”
[Documents should reach to the purchaser’s office on or before 1500 Hrs. of the closing date
specified for submission of bid through e-bidding portal.] :
(i) The original bid security (Not applicable in case bid security is submitted via
NEFT/RTGS/Electronic fund transfer to designated account of ONGC).

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 1.1 Bidder to ensure submission of following documents in the e-bid:
i) Scanned copy of original of “Power of Attorney” or authorization, or any other document
consisting of adequate proof of the ability of the signatory to bind the bidder when the power of
attorney is a special “Power of Attorney” relating to the specific tender of ONGC only, shall be
uploaded with techno-commercial bid.
Scanned copy of the notarized true copy of the “Power of Attorney” uploaded with the techno-
commercial bid shall also be accepted, if the power of attorney is a general “Power of Attorney”.
However, ONGC reserves right to seek original Power of Attorney (when the power of attorney is
a special “Power of Attorney “ relating to the specific tender of ONGC only) / notarized true copy
(when Power of Attorney is a general Power of Attorney) at any time during the processing of
tender and execution of contract.
ii) Scanned copy of Integrity Pact duly signed on all the pages by the same signatory who is duly
authorized to sign the bid digitally shall be uploaded with techno-commercial bid.
ONGC reserves right to seek in physical form original/notarized true copy of any document uploaded
in digital form, at any time during the processing of tender and execution of contract.
2.0 Bidders should not indicate/disclose prices in techno-commercial (un-priced bid). In case bidders
indicate/disclose prices in techno-commercial (un-priced bid) or at any stage before opening of price-
bid, their bids shall be evaluated without giving any cognizance to such prices.
Evaluation will be done as per Price Evaluation Criteria of BEC on the basis of prices quoted in the
price bid only.
If the bidder has indicated/disclosed some price in techno-commercial bid (at techno-commercial
stage) or at any stage before opening of price-bid, but has not indicated any price in its Price Bid, its
offer shall be considered as without any price and thus shall be rejected and in no case price
revealed in techno-commercial bid shall be considered for award.
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 as well as the instructions contained in the website
‘etender.ongc.co.in’.
3.1 Bidder should confirm their acceptance that they comply with the provisions with regard to
“Guidelines for eligibility of a ‘Bidder from a Country which shares a land border With India’ ” as
detailed at Annexure-I “Instructions to Bidders”. Bidder should also submit the requisite certificate as
mentioned.
4.0 Offers of following kinds will be rejected:
(a) Offers made without Bid Security/Bid Bond/Bank Guarantee/Earnest Money Deposit along with
the offer (Refer clause 17 of Instruction to Bidders at Annexure I) for an amount of Rs.44,85,000.00.

The EMD shall be as per the instructions given in the tender document.
b) Offers not submitted in e-form through ONGC’s e-procurement engine.
c) Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening
of techno-commercial un-priced bid
d) Offers where prices are not firm during the entire duration of the contract and / or with any
qualifications
e.i) Offers which do not conform to ONGC’s online price bid format as given in the e-bidding engine.
(e.ii) Offers which do not confirm filling of all relevant fields in the on-line bidding format for the items
quoted by them
(f) Offers which do not confirm to the mobilisation period indicated in the bid
(g) Offers which do not confirm to the contract period indicated in the bid
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h.1).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.
h.2) Offers of the bidders violating the provisions of Integrity pact.
i) Offers not accompanied with a copy of valid registration certificate under GST Legislation of India.
j) 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)
k) 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.
l) 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.
m) 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 ITB(Refer clause No. 9.1(i) of Annexure-I )
(n) Offers not accompanied with the undertaking/Agreements as per clause B.1.2 and B.2.6.0. if
applicable.
(o) Offers submitted without undertaking on Limiting of charges as per Annexure-C of Annexure
IV.

The mobilization charge inclusive of taxes for the Group Gathering Station (GGS) facility shall not
exceed 3 % of the contract value.

The standby day rate including taxes shall not exceed 50 % of the Operating charges including taxes.
(p) Password protected e-bids (Techno-commercial / Price bids), which require the password to open
the file.
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 Criteria for ascertaining Financial Capability of the bidders

All the below mentioned applicable Financial Criteria shall be met by the bidders, as applicable for
procurement of Service contracts:

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 (iv) 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, the closing
currency exchange rate as prevailing on the date of publication of NIT as per “Daily” Closing
exchange rate published on Thomson Reuters internet site
https://in.reuters.com/markets/currencies, upto three places of decimal, shall be considered for
converting it into INR. The exchange rates presently appearing on the right hand corner of the
exchange rate chart of the said internet site shall be considered as closing rate for the day
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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-D to Annexure-IV 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 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.”

NOTES:

Bidder can either be a single entity which includes Incorporated Joint Venture or a consortium.

(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 supporting company are not required to prepare consolidated financial statement
as per the statute of the country of the 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 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.
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(v)-(a) A bidder (other than consortium) 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 to Annexure-IV.

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 to
Annexure-IV.

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. 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.

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 to Annexure-
IV.
Note:
In case Supporting company fails to submit Bank Guarantee as above, EMD/SD submitted by the
bidder shall be forfeited.

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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.

7 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.

vii. Wherever the consortium bids are allowed and the bid is from a Consortium, the bidder is
required to provide Memorandum of Understanding (MOU) executed by the consortium partners in
the un-priced bid. The MOU should indicate the scope of work to be performed by the respective
consortium members expressed as percentage of bid value. Each consortium partner should
themselves individually meet the financial criteria parameters namely turnover, net-worth in
proportion to the percentage of work to be performed by them subject to minimum of 50% (of
annualised bid value) for the leader of the consortium and 20% (of annualised bid value) for other
members of the consortium. Support from parent/supporting company is not allowed to meet the
financial criteria.

viii. Deleted.

ix. For ascertaining the Turn-over criteria of the bidder, if audited consolidated annual financial
statement of FY 2020-21 is required to be considered, average turn- over of the bidder for two (02)
financial years having highest turnover out of previous three (03) consecutive financial years shall
be considered for meeting the requirement of turn-over.
7.0 Wherever limits are specified for charges/amounts w.r.t various parameters such as mobilization
charges, demobilization charges, standby charges, rental charges, non-operating day rates, R&M
Charges etc. in BEC, the bidders must adhere to such limits.

However after opening of the price bids, if it is observed that that such charges/amounts quoted by
the bidder(s) are higher than the limit for such parameters specified in the BEC, the offer(s) of such
bidder(s) shall be evaluated restricting the charges/amounts upto the specified limit. Contract (in
case bidder becomes L-1) shall also be awarded restricting the charges/amounts upto specified limit
in the BEC. The bidder shall submit an undertaking in this regard alongwith techno-commercial bid
as per format at Annexure-C to Annexure-IV.

Note: The standby day rates/non-operating day rate including taxes quoted by the bidder must not
be higher than 50% of the quoted operating day rates including taxes.
C. Price Evaluation Criteria

1.0 Evaluation of bids: -

Price bids of techno-commercially acceptable bidders shall be opened. Bids will be evaluated on the
basis of total evaluated contract value as prescribed in the price format at Annexure-V given in the
tender document.

The quantities and figures indicated in the Price format are for evaluation purpose. Payment shall
be made as per actuals

Price evaluation for award of contract shall be done based on evaluated contract value for arriving
at L-1. Contract value is exclusive of Fuel gas charges.

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1.2 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-1.2.1 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.

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.

1.2.1 For Services provided to ONGC in taxable Territory of India whereas per relevant provisions
of tender document, 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.
1.3 As GST is being taken into account for the purpose of evaluation of bids, then 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.
1.4 PURCHASE PREFERENCE POLICY(IES):
1.4.1 PURCHASE PREFERENCE TO MICRO AND SMALL ENTERPRISES POSSESSING VALID
UDYAM REGISTRATION CERTIFICATE AS NOTIFIED VIDE GAZETTE NOTIFICATION NO. S.O.
2119(E) DATED 26.06.2020 (AS AMENDED) ISSUED BY MINISTRY OF MICRO, SMALL AND
MEDIUM ENTERPRISES
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.
1.4.1.a. Provisions such as seeking support from another company, submission of JV bid, etc.,
wherever allowed and available to large companies in the tender document shall also be available
to MSEs. However, in order to avail the benefits reserved for MSEs i.e. purchase preference, the
MSE bidder shall have to rely on their own strength or on the strength of another MSE only to meet
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the various tender requirement including technical and financial evaluation criteria. In cases of
support from MSE, the supporting MSE(s) shall have to fulfil all the obligations prescribed for a
supporting company as per BEC conditions. Further, in case of bid from incorporated JV/consortium,
in order to avail the benefits, all the members of the bidder i.e. Incorporated JV shall have to be
MSEs.
1.4.2 Bidders to comply Public Procurement (Preference to Make in India) Order 2017” (MII) read
with Ministry of Petroleum & Natural Gas notification applicable in this tender as per Clause No. 29.2
of Instruction to Bidders (relevant clause no. to be inserted by Work Centre) and submit requisite
information/documents.
1.4.3 Concurrent application of Public Procurement Policy for Micro and Small Enterprises Order,
2012 and Public Procurement (Preference to Make in India) Order, 2017.
The applicability of PPP-MSE Order and PPP-MII Order in various scenarios, involving simultaneous
purchase preference to MSEs and Class-I local suppliers under PPP-MSE Order and PPP-MII Order
respectively, shall be governed as per provisions of DoE O.M. No. F.1/4/2021-PPD dated
18.05.2023 as brought out at Clause No.29.3 of Instruction to Bidders.
D. General:
1.0 The BEC over-rides all other similar clauses operating anywhere in the Bid Documents.
2.0 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.
3.0 On-site inspection will be carried out by ONGC’s officers / representative / Third Parties at the
discretion of the ONGC.
4.0 All bid-documents, including duly filled in Annexures or any other enclosures being submitted in
e-form through e-procurement portal, must be digitally signed (with legally valid class 3 certificate)
by the bidder or his authorized representative.
5.0 ONGC reserves the right to reject any or all bids in full or part without assigning any reason
thereof.

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 Annexure-A to Annexure-IV

Proforma of Bank Guarantee towards Performance Security by the Supporting

Company of the bidding company.
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
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'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) _________.

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 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 : Rajahmundry Bazar Branch
Branch Code : 03485
Bank Account No. : 00000010471668364
IFSC Code : SBIN0003485
SWIFT Code : SBININBB318

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

Any claim under this Guarantee must be received by us on or before________ (Indicate

date of expiry of claim period which includes minimum one month period from the 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 ........... 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
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--------------------------
(Signature)
Full name and official
address (in legible letters)

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 Annexure – B to Annexure-IV

GUARANTEE BY THE SUPPORTING COMPANY/GUARANTOR

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.

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

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:

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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

OR

(applicable, subject to meeting the conditions stipulated in BEC in respect of additional

Performance Bank Guarantee)

In case of award of contract to the bidder, the bidder on behalf of the Guarantor shall
provide additional 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 Bidder on behalf of the Guarantor.

(Strike through the clause whichever is not applicable)

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
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 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:

(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.

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 Annexure C to Annexure-IV

FORMAT FOR UNDERTAKING ON LIMITING OF CHARGES

(TO BE SUBMITTED ON BIDDER’S LETTERHEAD)

Tender No._____________________________

With reference to the Notice Inviting Tender, I / We (Name of the bidder) have gone through the
tender documents more particularly the BEC clauses and noted the content therein. I/ We
undertake that I/We shall abide by the Terms and Conditions of the Tender including BEC etc . It
is further certified and confirmed that we have quoted the price within the limits specified in BEC
for various parameters such as mobilization charges, demobilization charges, standby charges,
rental charges, Operating charges, non-operating day rates etc.

If by mistake or otherwise I/ We have quoted above rates / price beyond the prescribed limit, then
I/ We hereby give our consent and authorize ONGC to treat the rate / price exceeding the
prescribed limit as withdrawn and to evaluate our bid restricting our rates/ prices to the prescribed
limits.

I/We hereby give our consent and authorize ONGC to award the contract to us on the price/ rates
restricted to prescribed limits and we shall have no objection to any such reduction in our quoted
rates/ price.

(Authorized signatory of bidder)

Seal:
Date:
Place:

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 Annexure D to Annexure-IV

Certificate of Compliance of meeting Financial Parameters

( To be submitted by bidder on its letter head)

Bidder hereby submits ‘Certificate of Compliance’ to the effect that the financial parameters of the
bidder are equal to or more than the required value as applicable as per para B.2-6.0– Financial
Criteria of BEC.

Signature of Authorised Signatory

Name of Signatory:

Seal of the Bidder

Note:
i) Bidder is required to submit Certificate of Compliance for meeting the financial
parameters as per BEC.

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 Annexure-IVA

BEC Matrix.

Attached Separately.

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 Annexure-V

Price format.

Attached separately at “Notes and Price bids attachments” Area.

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 Annexure-VA

Un Priced format (Bidders Response Sheet).

Attached Separately.

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 Annexure-VI

Undertakings/Declarations

Note: Below Undertakings / Declarations must be submitted on the company’s letter head duly
signed by the authorised signatory of the Bidder.

(1) I/We here by undertake to submit the PBG / Security Deposit @ 10% of annual contract value, in
case of award of Contract.

(2) I/We here by confirm unconditional validity of the bid for 90 days from the date of opening of techno-
commercial un-priced bid.

(3) I/We here by confirm that the prices are firm during the entire duration of the contract and / or
without any qualifications.

(4) I/We hereby confirm that we have followed the ONGC’s price bid format as given in the tender
document and filled all relevant fields in the bidding format for the items quoted by me/us.

(5) I/We hereby accepted the mobilization and contract period indicated in the bid.

(6) I/We hereby submit a copy of valid GST registration certificate under GST Legislation of India

(7) I/We hereby submit 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).

(8) I/We hereby submit a declaration that neither ourselves, nor any of our allied concerns, partners or
associates or directors or proprietors involved in any capacity, are currently serving any banning
orders issued by ONGC debarring us from carrying on business dealings with ONGC.

(9) I/ We hereby undertake that all the documents/certificates/information submitted against this tender
are genuine. In case any of the documents / certificates /information submitted is found to be false
or forged, action as deemed fit may be initiated by ONGC at its sole discretion.

(10) I/We hereby accepted all the instructions, terms and conditions of tender document as well
as instruction contained in the web site https://etender.ongc.co.in unconditionally.

(11) I/ We hereby undertake that provisions of anti-profiteering act have been adhered to by us
and the benefits of input tax (GST) credit has been passed on to ONGC while working out the
impact / adjustment and we are intimating price break up as per the GST regime including
applicable GST on final goods/services to be supplied to ONGC.

(12) I/ We hereby undertake that we have complied/shall comply with all the provisions of GST
legislations.

(13) I/ We hereby confirm that we have read the ONGC’s “Policy on Climate Change &
Sustainability” in Instructions to Bidders clause.41.0.

(14) I/ We hereby confirm that we have read the Fraud Prevention Policy of ONGC and would
adhere to the same and shall not indulge themselves or allow others to indulge in fraudulent
activities and that we would immediately apprise the ONGC of the fraud/suspected fraud as soon

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as it comes to their notice. Fraud Prevention Policy of ONGC is available at ONGC’s public portal
http://www.ongcindia.com/.

Signature of Authorized Signatory

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 Annexure-VII
Integrity Pact

Attached Separately

==X==

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