Professional Documents
Culture Documents
APPENDICES
LIST OF APPENDICES
Appendix-A
A - 1. Proforma for Tender Letter
A - 2. Proforma for Proposal
A - 3. Proforma for Price Schedule
A - 4. Project Key Dates
A - 5. Proforma for Checklist
A - 6. Bid Evaluation Criteria
A - 7. Proforma Certificate on Relatives of Directors of ONGC.
A - 8. Deleted
A - 9. Information/Confirmations/Clarifications to be furnished by the Bidder
A - 10. Milestone Payment Formula
A - 11. Deleted
A - 12. Suggested Vendor List
A - 13. Bid Matrix
A - 14. Un-priced Price format / Price bid Confirmation sheet / Bidder’s response
sheet
A - 15. Undertaking w.r.t tender conditions
Appendix-B
B - 1. Proforma for Acknowledgement Letter
B - 2. Proforma for Letter of Authority
B - 3. Proforma of Bank Guarantee towards Performance Security
B - 4 Proforma for Form of Agreement
B - 5 Proforma for Work Experience
B - 6 Division of Scope of Work and Location of Work Centre.
B - 7 Proforma for Bank Guarantee For Bid Security
B - 8 Agreement
B - 9 Certificate Of Submission Of Techno-Contractually Compliant Bid
B - 10 Deleted
B - 11 Deleted
B - 12 Deleted
B - 13 Integrity Pact
B - 14 Deleted
B - 15 Declaration w.r.t. not serving Banning orders
B - 16 Proforma for Bank Guarantee towards Liquidated Damages
B - 17 Proforma of Undertaking for Conflict of Interest
B - 18 Proforma for Bank Details
B - 19 Deleted
B - 20 Deleted
B - 21 Deleted
B - 22 Form No. 10F - Information required under Income-tax Act, 1961
B - 23 Calculation of Local content and Proforma for additional bank guarantee
for an amount of 10% of the Contract value
Appendix-C
C - 1. Information To Be Furnished In A Safety Report
C - 2. Accident Report
C - 3. Information for/During Safety Audit
C - 4 Deleted
C - 5 Proforma for Certificate of Approval
C - 6 Information to be furnished for Pollution Control
C - 7 Commissioning Plan
C - 8 Proforma for Contractor’s progress report
Appendix – D
Appendix-E
E-1 Detailed Guidelines for Conciliation through Outside Expert Committee (OEC)
APPENDIX - A - 1
We, the undersigned, have considered and complied with the "Instructions to Bidders" and have
accepted the terms stipulated in the Bidding Documents for Surveys (Pre-engineering, Pre-
construction/Pre-installation and Post-Completion), Design, Engineering, Procurement,
Transportation, Fabrication, installation/ erection, laying, Hook-up, Hydro-testing, Testing, Pre-
commissioning and Commissioning for “Nandasan Surface Facilities Project, Mehsana Asset" on
LSTK basis as defined under detailed scope of work in Technical Bid package in part-IV of the Bidding
documents. Also we have familiarized ourselves with the land surface and subsurface, metrological,
Oceanographic, Climatological and environmental conditions which may exist in the installations area.
In full cognizance and compliance with these aforesaid conditions and the regulations of local
government authorities, we the undersigned do hereby offer for Surveys (Pre-engineering, Pre-
construction/Pre-installation and Post-Completion), Design, Engineering, Procurement,
Transportation, Fabrication, installation/ erection, laying, Hook-up, Hydro-testing, Testing, Pre-
commissioning and Commissioning for “Nandasan Surface Facilities Project, Mehsana Asset" on
LSTK basis as defined under detailed scope of work in Technical Bid package in part-IV of the Bidding
documents for which we have tendered. The Work covered under the Tender shall be completed to
the entire satisfaction of yourselves or your representative in conformity with the Construction
Schedule and Bidding Documents at the prices and Schedule of Rates accompanying this Tender.
It is a term of our offer that the Works shall be handed over, installed, hooked-up, tested, pre-
commissioned & commissioned (wherever applicable as per bidding document) not later than 16
months for surface facilities from the date of issue of NOA and 04 months for Dismantling/demolition
of existing facilities from the date of commissioning of surface facilities. This shall be the essence of
the Contract between us.
1. Until the final CONTRACT DOCUMENTS are prepared and executed, the Bidding Documents
together with this Tender, modifications, additions, deletions agreed with the Company and your
written acceptance thereof, shall constitute a binding Contract between us, upon terms contained in
aforesaid documents and the Price Schedules accompanying the Bid.
2. That the Company will not supply any material (unless specifically brought out in the bidding
documents). In all respects we shall be fully self-sufficient in the performance of the Work.
3. We understand that you are not bound to accept the lowest of the Bid you may receive.
4. We shall be prepared to commence the execution of the Work from the date of Notification of
Award (NOA) and to complete the Works within 16 months (for surface facilities) from the date of
issue of NOA in accordance with the Time Schedule, which has been provided. We agree that this
Time Schedule and its beginning and completion dates for the Work are of the essence of our
Agreement.
5. We attach our description of Construction method and our Time Schedule. We understand that
Company's agreement to all of these, notwithstanding Company giving us a written acceptance as
contemplated by paragraph (1) above, a condition precedent to the conclusion of a binding
agreement.
6. We also enclose the following with this letter:
We also undertake not to vary/modify the Bid during the validity period or any extension thereof.
The Bidding Documents are sold by Company to us subject to the above condition, we hereby
agree to submit bank guarantee for Bid Security, which shall be forfeited by Company in the
following events:
Bid by us as the acceptance shall be separate and distinct from the Contract, which will come into
existence when Bid is accepted by Company. The consideration for this separate initial Contract
preceding the main Contract is that the Company is not agreeable to sell the Bidding Documents to
the Tenderer and to consider the bid to be made except on the condition mentioned in this clause
and Tenderer has made his Bid subject to the condition and after entering into the separate
Contract with Company. Company promises to consider the Bid on this condition and we agree to
keep the Bid open for the required period. This reciprocal promise forms the consideration for this
separate initial Contract between the parties.
8. We represent that we have fully satisfied ourselves as to the nature and location of the Works
having in mind the general and local conditions and other factors incidental to the performance of
the Works and the costs thereof.
9. We further represent that from our own investigation of the Site of the Works we have fully satisfied
ourselves with respect to scope of work and other conditions to be encountered in the performance
of the Works and we understand and represent that any failure to acquaint ourselves in respect of
these matters and the other factors and conditions as set forth shall not relieve us from any
responsibility for estimating properly the difficulty and cost of successfully performing the Works.
It is recognized that you may alter the Scope of Work described, prior to notice of acceptance of
Tender, and that such changes may be negotiated on the basis of the Schedule of Prices provided
herewith.
10. We also acknowledge and accept that you shall not pay for any discontinuance or low Works
performance rate resulting from malfunction of / or inadequacy of our equipment, instruments or
personnel.
11. We agree to return you all reports and technical data provided for our use in preparing this Tender
and in the subsequent conduct of the works. We undertake that we will not use the same for any
other work/purpose.
12. We further represent that we have familiarized ourselves with all the terms and provisions of the
various parts of the Bidding Documents and that in making our Tender, we do not rely upon any
representation made by any agent or employee of yourselves in respect of the terms of the
Bidding Documents or the nature of the performance of the Works.
13. We submit this Bid with the full understanding that our offer fully complies with the Bidding
Documents requirement and that no deviation/exception to the Bidding Documents have been
taken by us. We also agree that in case we have taken any exceptions/ deviations to the Bidding
Documents, the Company will be free to reject our offer on account of such exceptions/deviations.
Witness__________________________
APPENDIX - A - 2
ii) Construction / erection , Procurement / Supply and including Design and engineering of the
installations as per list provided in scope of work in Vol-II & III at places mentioned therein,
[including procurement engineering, fabrication engineering, transportation engineering,
Erection engineering, engineering for hook-up, pre-commissioning and commissioning
(wherever applicable).
iii) Procurement
iv) Fabrication
v) Transportation
xii) Insurance
a) In-transit property
The Total Lump sum Price for completion of Works as defined in the Bidding Documents, as also
indicated in Appendix A-3, shall be in ……………………… (Indicate Currency Only).
______________________________
Signature ______________________________
Name ______________________________
Witnesses
1) Signature _____________________________
Name _____________________________
2) Signature ______________________________
Name ______________________________
Notes:
1) The lump sum price shown in Appendix A-2 and Appendix A-3 (in Price bid
Attachments) should be same.
2) The bidder to ensure that his un-priced bid does not indicate any prices in
Appendix A-2. However, currency of bid must be indicated.
3) The bidder should upload scanned copy of SIGNED Proforma for Proposal
Appendix A-2 without disclosing the prices in the techno-commercial bid.
APPENDIX - A-3
The lump sum prices shall be quoted by the bidder as per Appendix A-2 and the break-up of the
same shall be submitted as per Appendix A-3, both of which are annexed/enclosed as the Price bid
Attachment under ‘Notes and Price bid Attachments’ of ‘RFx Information tab’ of e-procurement engine.
1. Please refer to the Appendix A - 3 Price Proforma attached as an Excel sheet under the Price
bid Attachment under ‘Notes and Price bid Attachments’ of ‘RFx Information tab’ of e-
procurement engine.
The breakup of lump sum prices as per Appendix A-3 shall be submitted as attachment to
price bid under ‘Notes and Price bid Attachments’ of ‘RFx Information tab’ of e-procurement
engine and shall be strictly in the Proforma enclosed therein.
The Techno - Commercial bid shall contain all details without indicating prices of the quoted
items. Therefore, a suitable response shall be selected of the given options against each item
of Appendix A - 14 (Un-priced Price format / Price bid Confirmation sheet / Bidder’s response
sheet) enclosed as an excel sheet in order to indicate that there is a quote against this item in
the Price bid.
2. Please refer to the Appendix A - 2 annexed/enclosed as the Price bid Attachment under ‘Notes
and Price bid Attachments’ of ‘RFx Information tab’ of e-procurement engine.
Scanned copy of Signed Appendix A - 2 (enclosed under ‘Notes and Price bid Attachments’ of
‘RFx Information tab’), duly filled in, also to be uploaded as part of the Price bid.
Note: Bidders seeking purchase preference against PP-LC policy shall be required to submit
Appendix B-23 along with the price bid in the e-procurement Portal. (Refer clause no. 40.0 of
ITB)
APPENDIX - A - 4
Bidder shall fill in the attached Proforma indicating Project Key Dates for major various activities of Project
“Nandasan Surface Facilities Project, Mehsana Asset” and his plan to execute the Project to meet the Project
Completion Date. This information shall be in addition to detailed Project Schedule and other information he is
required to furnish as part of his Bid Offer. The activities indicated herein are minimum activities for which Bidder
shall furnish the required information. Bidders are encouraged to furnish more detailed information in their bid offer.
Sl
Activities Start Date End Date
No.
1. Pre-Engineering Survey
2. Design & Engineering
3. Procurement
i Manufacturing/Procurement of major items
(Start Date=PO Date, End Date=Material
dispatch Date)
ii Delivery of Major items at site (Start date=
Material dispatch Date, End Date=Receipt of
Material at site)
4. Fabrication/ Construction/ Erection/ Installation
i Civil
ii Structural
iii Process/ Mechanical Equipment
Erection
iv Piping
v Electrical work
vi Instrumentation work
5. Hook up, Testing, pre-
commissioning
6. Commissioning
7. Dismantling/ Demolition of
existing facilities, Site filling and
levelling of existing Nandasan GGS
APPENDIX - A – 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 the box whichever is applicable and cross the box (es) whichever is / are not
applicable.
2. Please sign each sheet.
3. The checklist, duly filled in, must be returned along with the offer.
COMMERCIAL
1. Whether Bank Guarantee for the requisite Bid Bond has been enclosed with the offer?
Yes No
3. Whether the period of validity of the offer is as required in the Bidding Documents?
Yes No
4. Whether the offer has been signed indicating the full name and designation of the signatory?
Yes No
(If signing as a Partner, a copy of the partnership deed and if signing as a Director, a copy of
the Memorandum and Articles of Association of Corporation / Company with proper
authorization in favour of the signatory must be enclosed with the offer)
5. If the bidder is seeking business with the Company for the first time, has he given the details of
the parties to whom the tendered services have been provided in past, along with their
Performance Report?
Yes No
6. Whether the physical documents are being sent in sealed cover and super scribed with Tender
No. ….., opened on……?
Yes No
7. Has the documents required for claiming purchase preference against PP-LC policy has been
submitted by the bidder?
8. Are the physical documents being sent by registered post or proposed to be hand delivered or
dropped in Tender Box?
Registered Post Tender Box Hand Delivered
Yes No
If no, have corrections been properly attested by the person signing the Tender?
Yes No
10. Are the pages of the Tender consecutively numbered and an indication given on the front page
of the Tender as to how many pages are contained in the Tender?
Yes No
11. Has the tender been prepared in sufficient details as per requirement of A-6, A-9 and clause 11
of part-1, volume-I so as to avoid post-tender opening clarifications / amendments?
Yes No
12. Whether all the appendices of the Bidding Documents, duly filled in, have been enclosed?
Yes No
13. Whether all the Terms and Conditions of the Bidding Document are accepted/ complied?”
Yes No
14. Whether bidder acknowledges that suggested vendors are suitable for the works and that the
equipment they supply would meet all other Contract requirements.
Yes No
15. Confirm that all documents required in un-priced techno-commercial bid without prices are placed
in unpriced folder.
Yes No
16. Confirm that bid and all documents are signed using valid digital signatures issued by acceptable
Certifying authority (CA) as per Indian IT act 2000 (As amended from time to time).
Yes No
1. Whether the bidder has quoted after taking into account the various incentives and concessions
granted to them for supplies to the Company, like facility to import raw materials and
components free of Customs Duty?
2. Whether details of your GST registration have been indicated in the offer?
Yes No
3. Central PSU bidder to confirm whether their value addition is more than 20%?
Yes No
3.1 If yes, confirm that the bidder have submitted certificate from CA to that effect in the bid.
Yes No
1. Has the bidder clearly indicated Income Tax liability for both Corporate and Personal Tax?
Yes No
2. Whether supplier's / buyer's credit available at subsidized rates of interest from export credit
organization of developed countries has been indicated?
Yes No
3. Whether the bidder has an office established in India and, if so, whether its address has been
indicated in the Bid offer?
Yes No
4. Whether the bidder has an Agent / Representative in India?
Yes No
If yes, whether the bidder has indicated in the offer the commission amount payable to him?
Yes No
5. Please indicate the percentage of total payment acceptable to you in non-convertible Indian
currency?
Indicate Percentage............
6. Whether the bidder has enclosed with his Bid or already sent to the Company an authority letter
/ agreement with his Agent / Representative in India spelling out clearly therein the scope
of functions and services to be rendered by the Agent / Representative on his behalf?
7. Has the country of origin of the items being offered been indicated?
1. Whether necessary literature / catalogue of the equipment and spare parts thereof have been
attached with the offer?
Yes No
2. Whether the product quoted is API approved and bears the API monogram?
Yes No
If not, specify the extent of deviation and how it is suitable to the company requirements?
6. Whether bidder has enclosed necessary details on availability and reliability of various Modules
as per Section A-2 of Bid Evaluation Criteria in Appendix A-6
(Bidder’s Signature)
APPENDIX - A - 6
APPENDIX - A-7
This has reference to our proposed Contract regarding “Nandasan Surface Facilities Project, Mehsana
Asset)” to be entered into with Oil & Natural Gas Corporation Limited (ONGC) as indicated in the Bidding
Documents (Tender No. DLH/OES/MM/NSFP-MHN/X11VC19002/2019).
For the purpose of Section 297/299 of the Companies Act, 1956 an extract enclosed we certify that to
the best of my/our knowledge;
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 Ltd. 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.
Place:
Date:
APPENDIX – A - 8
- DELETED -
APPENDIX - A – 9
Technical evaluation of the bids shall be based on the information/details/confirmation provided by the
bidder in response to the technical queries asked for in this Appendix. Hence bidders are advised to
ensure that they submit complete details without any ambiguity in the space provided or in the format /
tables / Annexure specifically asked for with this Appendix, along with their proposal. Some of the
points will require confirmation from the bidders and / or submission of documentary evidence in
support of their claims. Bids submitted with incomplete details or no response against any query shall
be treated as non-responsive bids and shall be liable for rejection without any further opportunity.
Bidder to note that Company does not intend to issue further technical queries / clarification after
opening of technical bids and accordingly Bidder’s offer shall be evaluated based on the response
provided against each technical query listed herein below.
In case bidders wish to seek any clarification to the bid package, they shall submit a hard & soft copy
of same in a proper format giving reference of bid volume number, section number, clause number,
page no. & description of bid clause & clarification sought in Microsoft Word file. Company shall
provide clarifications to their queries either through addendum or during Pre-Bid Conference prior to
the dead line of submission of bids.
Sl. Bidder’s
Company’s Query Remarks
No. Response
1 Bidder to confirm that he has gone through the bid
No conditional
package, addendum (if any) and any other information
confirmation is
given to the bidder, and quoted for the complete scope
acceptable.
of work including optional items (if any) described
therein. (Refer clause no. 3.1 of technical BEC)
2(a) Bidder to confirm that he has gone through in every No conditional
details of the bid package and has fully understood the confirmation is
requirements given in the bid package specially the acceptable.
scope of work, design criteria, specifications, data
sheets, drawings (preliminary) etc. and that he has
taken no technical deviations to the functional
specifications.
2(b) Deleted
3 Bidder to confirm that he understands that the
preliminary drawings enclosed with the bid package is
not warranted against accuracy, suitability or
completeness and that the Bidder shall be fully
No conditional
responsible to carry out its own complete design &
confirmation is
engineering, surveys and verification of existing
acceptable.
facilities / modifications as per the bid package and that
all such changes shall be carried out within the lump
sum Contract Price without any time impact to
Company.
Sl. Bidder’s
Company’s Query Remarks
No. Response
4 Company clarifies that information such as scope of
work, conceptual design, equipment / material list,
description of facilities, vendor/sub-contractor’s
proposal(s), procedures or any other such information
contained in Bidder's offer shall be treated as for
general information only and shall not be considered to No conditional
be limiting for Bidder’s scope of work. Company further confirmation is
clarifies that any deviations to scope of work & technical acceptable.
specifications contained in the vendors/sub-contractor’s
proposals included in the bidder’s offer shall be ignored.
Bidder to confirm that notwithstanding anything in the
Bidder’s offer to the contrary, he shall provide the entire
facilities in compliance with the bid package.
5 Deleted
6 The procedures (engineering, procurement, fabrication,
loading, transportation, welding, coating,
installation/laying, testing etc.) if any, outlined in the
bidder’s offer shall be treated as for general information No conditional
only and no way shall be construed as approved. confirmation is
Bidder shall develop detailed procedures after award of acceptable.
Contract and submit for Company’s approval. Bidder to
confirm compliance.
Sl. Bidder’s
Company’s Query Remarks
No. Response
9. The codes, standards and other specifications for this
project shall be as specified in Company’s Bidding
Documents. All surveys, design, detailed engineering,
procurement, inspection, fabrication, anti-corrosion &
coating, load out, transportation, hook-up, testing, pre-
No conditional
commissioning, start-up and commissioning,
confirmation is
performance guarantee tests, etc. shall be carried out
acceptable.
by the bidder to Company’s satisfaction in full
accordance with the various codes and standards
specified in Company’s Bidding Documents in
accordance with the order of precedence given in the
bid package. Bidder to confirm compliance.
10 Deleted
11 a) No conditional
Bidder to confirm the project completion date(s) as
confirmation is
given in the bid package (clause no.1.4 of Part I, Vol. I
acceptable.
of the bid package shall be adhered to.
11 b)
Bidders are
Bidders to refer to the Appendix A - 4 included in the
requested to submit
Part-III of Vol.-I of the bid package and submit all
duly filled in
Project Key Date(s) as specified.
Appendix A – 4.
12
13(a) Deleted.
13(b) Deleted
14 Deleted
15 Bidder to furnish experience details of the executing
agencies / sub-contractors for their respective scope of
work. Bidder shall furnish division of work amongst
various agencies in APPENDIX- B6 included in Part III
Bidders are
of Vol I of the bid package. For the purpose of
requested to submit
assessment of experience capability of the executing
all relevant details in
agencies, their respective experience in executing
APPENDIX - B6 and
similar works for at least one onshore project in last 10
Annexure.
years shall be submitted along with relevant details for
the project, which they think most appropriate in order
to qualify BEC & also submit documentary evidence
(order copy / completion certificate etc.) in support of
Sl. Bidder’s
Company’s Query Remarks
No. Response
their claim. (Refer clause no. 3.2.3 of technical BEC),
willingness letter from the proposed sub-contractors for
carrying out their respective scope of work etc. Bidder
shall submit these details for the following major
agencies:
1. Agency for Survey
2. Agency for detailed design & engineering
3. Agency for procurement
4. Agency for fabrication
5. Agency for Installation
6. Agency for hook-up, modification, testing, pre-
commissioning , commissioning etc.
7. Agency for safety studies
Sl. Bidder’s
Company’s Query Remarks
No. Response
successfully accomplishing scope of work comprising of Appendix B5 and
activities such as Engineering, Procurement, provide cross
Construction, Commissioning and Project management references.
over the last 10 years which shall be reckoned from the
date of TBO and handed over/ commissioned prior to
the date of opening of Techno-Commercial bid & submit
relevant details for the project, which they think most
appropriate in order to qualify BEC & also submit
documentary evidence (order copy / completion
certificate/ release of performance guarantee, scope of
work etc.) in support of their claim. (Refer clause no.
3.2.1 of technical BEC)
24 a)
Bidder to confirm that he himself (and not through
collaboration agreement or other sub-contracts) has the
relevant experience of project management and for at
least one of the activities as indicated in the clause no.
Bidders are
3.2.2 of technical BEC. Bidder to furnish his own
requested to submit
experience in order to qualify the BEC & also furnish
all relevant details in
documentary evidence in support of their claim.
Appendix B5 for all
partners and provide
Bidders are advised to submit Completion certificate for
24 b) cross references.
the LSTK/EPC project covering project management
activities for the project for which they are claiming
experience, for establishing their project management
capabilities.
25 a) Bidder to confirm that he himself shall carry out project
management and at least one of the activities as No conditional
indicated in the clause no. 3.2.2 of technical BEC. confirmation is
acceptable.
25b) Bidder to indicate the activities in addition to project
management to be carried by himself in order to qualify
the clause no. 3.2.2 of technical BEC
26 Bidders are
requested to submit
Bidder to submit in brief his complete Project Execution
Project Execution
Plan (Annexure # -10)
Plan in Annexure # -
-------.
27
No conditional
Deleted confirmation is
acceptable.
Appendix-A10
APPENDIX - A – 11
DELETED
APPENDIX - A – 12
APPENDIX – A-13
Please refer and use word file named “Bid Matrix” attached separately.
APPENDIX - A – 14
Please refer and use Excel Sheet named Un-Priced Schedule of Prices
APPENDIX - A – 15
UNDERTAKING
2. The bidder undertakes that all instructions and conditions of the tender document as well
as the instructions contained in the web site https://etender.ongc.co.in are acceptable to
them unconditionally.
3. Bidder undertakes to provide necessary documents, for enabling ONGC to avail Input tax
credit benefits under GST legislation. Further, the bidders undertakes 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 shall provide Tax Invoice issued under GST
legislations.
(Name)
APPENDIX-B-1
Date:
To
Dear Sir,
We hereby acknowledge receipt of a complete set of Bidding Documents for “Nandasan Surface
Facilities Project, Mehsana Asset” for our use in preparing Tender.
We have noted the closing date of Tender in India as ………………… for the Tender under reference.
We guarantee that the contents of the above Bidding Documents shall be kept confidential within our
organization and further that the drawings, specifications and text of said Bidding Documents shall
remain the property of ONGC, India and shall be returned upon demand by ONGC, and the said
documents are to be used only for that purpose intended by their publication.
Yours faithfully,
APPENDIX-B-2
PROFORMA FOR LETTER OF AUTHORITY
Date:
To,
Oil and Natural Gas Corporation Limited
2B, Deendayal Urja Bhawan, Vasant Kunj
New Delhi – 110070.
Dear Sir,
We confirm that we shall be bound by all the whatsoever our said agents shall commit.
Yours faithfully,
Signature:
Note:
This letter of authority should be on printed letterhead of the Bidder, and should be signed by a person
competent and having the Power of Attorney (Power of Attorney shall be annexed) to bind such Bidder.
APPENDIX-B-3
To,
GM-I/c (MM), OES
Oil and Natural Gas Corporation Limited
2B, Deendayal Urja Bhawan,
Vasant Kunj, New Delhi-110070
Dear Sirs,
1. In consideration of Oil and Natural Gas Corporation Ltd. incorporated under the Companies Act
1956 having its registered office at Deendayal Urja Bhavan, 5, Nelson Mandela Marg, Vasant
Kunj, New Delhi-110070, India and its offices at Onshore Engineering Services Office located at
2B, Deendayal Urja Bhavan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070, (India) &
its Mehsana Asset office located at Office of Head Engineering Services, ONGC, KDM Bhawan,
Palavasana, Dist. Mehsana, Gujarat-384003 (India), (hereinafter referred to as ‘ONGC’ which
expression shall unless repugnant to the context or meaning thereof includes all its successors,
administrators, executors and assigns) 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 ‘CONTRACTOR’ which expression
shall, unless repugnant to the context or meaning thereof include all its successors, administrators,
executors and assigns) 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.
winding up, dissolution or insolvency of the CONTRACTOR and shall remain valid, binding and
operative against the bank.
ONGC shall have the unqualified option to operate this Bank Guarantee to recover Liquidated
Damages as leviable under the Contract.
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:
For foreign currency Bank Guarantee, detail of Nostro Account as under to be indicated additionally
for respective currency.
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
--------------------------
(Signature)
Full name and official
address (in legible letters)
1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamp paper /franking
receipt as per stamp duty applicable at the place from where the CONTRACT has been placed.
The non-judicial stamp paper / franking receipt should be either in name of the issuing bank or
the contractor.
2. Foreign parties are requested to execute bank guarantee as par law in their country.
3. Foreign bidders will give guarantee either in the currency of the offer or US$ (US Dollar).
INR/US$ have been mentioned only for illustration. Therefore, in case where bank guarantee is
being given in currency other than INR or US$, indicate the relevant currency of the offer.
4. The expiry date as mentioned in clause 9 should be arrived at by adding 60 days to the contract
completion date unless otherwise specified in the bidding documents.
5. 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.
6. The full address along with the Telex / Fax No. and e-mail address of the issuing bank of
the Bank Guarantee to be mentioned.
APPENDIX-B-4
PROFORMA FOR FORM OF AGREEMENT
THIS AGREEMENT entered into this --------- day of -------- Two thousand -------- between Oil and Natural
Gas Corporation Ltd. incorporated under the Companies Act. 1956 having its registered office at Deendayal
Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070, India, its Onshore Engineering
Service Office located at 2B, Deendayal Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi-
110070, India and its Mehsana Asset office located at Office of Head Engineering Services, ONGC, KDM
Bhawan, Palavasana, Dist. Mehsana, Gujarat-384003 (India) (hereinafter referred to as `Company' which
expression shall include all its legal successors, executors and assignees) of the one part and M/s.
…………………………………..established and existing under the Laws of …………………(name of the
country), having its registered office at ……………………….…(hereinafter referred to as `Contractor' which
expression shall include its legal successors, assignees, executors and administrators) of the other part.
AND WHEREAS Pursuant to the above and the discussions conducted with the Contractor, the Company
has awarded to the Contractor the Contract for the said Work at total lump sum contract cost of
…………………….. by its NOA dated …………………. which is the effective date of commencement of this
Contract and on the terms and conditions as agreed to by the two parties as of the said date of NOA and as
outlined in this Agreement (hereinafter also referred to as "the Contract").
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
a) In this agreement words and expression have the same meaning as are respectively assigned to them
in General Conditions of Contract.
b) The following documents annexed herewith shall be taken as mutually explanatory of one another and
shall be deemed to form and be read and construed as integral parts of this Contract and in case of
any discrepancy, conflict, dispute they shall be referred to in the order of priority as cited below:
1. Agreement.
2. Annexure 'A' General Conditions of Contract.
3. Annexure 'B' Bidding Documents comprising of Part-IV including Addenda / other documents
issued by Company, subsequent correspondences exchanged between the Company and the
Contractor which have been agreed to by the Company and the Contractor and Sections cited in
the order of priority:
i) Scope of the Works & Design Criteria
ii) Specifications/ data Sheets
iii) P&IDs and other drawings/ Documents
In event of conflict within Scope of the Works & Design Criteria, the order of precedence is
Scope of Work, then Design Criteria.
4. Annexure 'C' Contract Price schedule and Rental Rate Schedule.
5. Annexure 'D' Construction Schedule/Project Key Dates.
6. Annexure 'E' Milestone Payment Formula.
7. Annexure ‘F’ Integrity Pact.
c) The Contract constitutes the entire Agreement between the Company and the Contractor, with
respect to the subject matter of the Contract and supersedes all communication, negotiations and
Agreement (whether written or oral) of the parties with respect thereto made prior to the date of
Agreement.
d) The Contractor hereby covenants with Company to perform the Work in conformity in all respect with
provisions of the Contract and in consideration of the carrying out and completion of the Works by the
Contractor, the Company hereby covenants to pay the amounts at the times and in the manner de-
scribed hereinafter.
IN WITNESS WHEREOF the parties here to have hereunto set their respective hands on …………Day of
………………….. first above written.
WITNESSES WITNESSES
APPENDIX-B-5
Note:-
1. The names of the consultant / back-up consultant / Sub-contractor / Joint venture and their scope
of work to be clearly indicated and supported with documents i.e. copy of work order indicating
the scope of work, completion certificate etc duly attested by notary.
Supporting documents and printed literature furnished by the Bidder in any language other than
English, may be accepted, provided they are accompanied by an accurate translation in English,
in which case, for the purpose of interpretation of the bid, the translation shall prevail.
The English translation shall be attested by an official authorized for this purpose in Indian
Embassy/ High Commission in bidder’s country for the correctness of such translation.
However, ONGC may also get the documents translated on its own to rule out the irregularities in
translated version submitted by the bidder.
2. Supporting documents i.e. work order, scope of work, completion certificate to be submitted for
work(s) indicated above against which bidder is seeking their qualification shall be in line with
Appendix A-6 BEC, clause 3.2 Experience/ capability of the bidder.
APPENDIX-B-6
Activity Name of the executing Cross reference within the bid offer,
agency, who will carry where supporting documents are
out the said activity submitted/ attached
i Design / Engineering
ii Procurement
NOTES TO APPENDIX-B6:
1. Please refer clause 3.2.3 & 3.3 of Technical BEC for filling in Appendix B-6. The bidder shall submit proposed
sub-contractors’, including themselves, experience credentials too.
2. Experience of bidder/ sub-contractor should be in hydrocarbon sector and similar to the nature of work
required under this bid.
3. In case of Incorporated JV (defined under General Note of Technical BEC) Appendix B-6 is to be filled in line
with the division of Scope of Work.
4. In case a particular activity mentioned in the division of scope of work i.e. Appendix B-6 is to be carried out
jointly by more than one executing agency/ partner, then the experience and capability of all the executing
agencies indicated shall be evaluated as per clause 3.2.3 of Appendix A-6 BEC.
5. Bidder shall clearly indicate the agency which will carry out each activity. In case name of more than one
agency is listed against any activity, experience details of each agency/ sub-contractor shall be submitted.
6. In case any activity is proposed with back-up consultant, Bidder shall clearly indicate the role of back-up
consultant.
7. Supporting documents i.e. Work Order/ Contract Agreement including detailed scope of work, Completion
Certificate/ Commissioning/ Handing Over/ Purchase Specifications/ Equipment Datasheets/ Inspection
Report/ Any other such document to establish eligibility and experience requirement of Technical BEC shall
be submitted for work(s) indicated above in line with clause 3.2.3/ 3.3 of Appendix A-6.
8. Bidder may propose ONGC empanelled DEC / Outside of empaneled DEC / Bidder’s in-house Team.
If Design/ Engineering Consultant (DEC) is proposed from the ONGC empanelled list of DECs attached with
Suggested Vendor List; only Commitment Letters from the proposed DEC(s) need to be submitted.
In case bidder proposes the DEC Outside of empaneled DECs / Bidder’s In-house team; bidder to submit
documents to establish experience of the Outside of empaneled DECs / Bidder’s In-house team - in line with
clause 3.2.3/ 3.3 of Appendix A-6 - such as - Equipment list, Plant P&ID, GAD Drawings / Civil Foundations,
Single Line Diagrams (SLDs)/ Control System Architecture, ETC. In case bidder fails to provide such
documents at bid submission stage; bidder has to propose ONGC Empaneled DEC along with Commitment
Letter.
9. Supporting documents and printed literature furnished by the Bidder in language other than English shall
be considered provided they are accompanied by an accurate translation in English, in which case, for
purposes of interpretation of the bid, the translation shall prevail. The English translation should be
attested from the Indian Embassy/ High Commission/ Consulate in the country for the correctness of such
translation.
APPENDIX-B-7
To,
GM-I/c(MM), OES
Oil and Natural Gas Corporation Limited
2B, Deendayal Urja Bhawan, Vasant Kunj
New Delhi-110070
Dear Sirs,
1. Whereas Oil and Natural Gas Corporation Ltd., incorporated under the Companies Act 1956
having its registered office at Deendayal Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj,
New Delhi-110070 (India), its Onshore Engineering Service Office located at 2B, Deendayal
Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070 (India) and its
Mehsana Asset office located at Office of Head Engineering Services, ONGC, KDM Bhawan,
Palavasana, Dist. Mehsana, Gujarat-384003 (India) respectively, (hereinafter called "Company"
which expression shall unless repugnant to the context or meaning thereof include all its
successors, administrators, executors and assigns) has floated a Tender No.
DLH/OES/MM/NSFP-MHN/X11VC19002/2019 and M/s. ....... having Head/Registered Office at
......... (hereinafter called the "Tenderer" which expression shall unless repugnant to the context
or meaning thereof mean and include all its successors, administrators and executors) have
submitted a bid reference No......... and tenderer having agreed to furnish as a condition
precedent for participation in the said tender an unconditional and irrevocable Bank Guarantee
of Indian Rs. / US$.............. (in figures) (Indian Rupees/US Dollars .........) (in words) for the
due performance of tenderer's obligations as contained in the terms of the Invitation for Bids
(IFB) and other terms and conditions contained in the Bidding Documents supplied by
Company 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....... (Name of the Country)
having head/registered office at................. (hereinafter referred to as "The Bank" which
expression shall, unless repugnant to the context meaning thereof, include all its successors,
administrators, executors and permitted assigns) guarantee and undertake to pay immediately
on receipt of your first demand by Company, up to the maximum aggregate amount of Indian
Rs. / US$ ..........(in figures) (Indian Rupees/US Dollars ......... ) (In words) at any time without
any demur and recourse, and without Company having to substantiate the demand. Any
such demand made by Company 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 the exclusive jurisdiction of Indian Courts of the
place from where tenders have been invited.
5. This guarantee shall be irrevocable and shall remain in force up to ............which includes
Thirty days after the period of bid validity and any demand in respect thereof should reach the
Bank not later than the aforesaid date.
6. . Notwithstanding anything contained herein above, our liability under this Guarantee is limited to
Indian Rs./US$ .......... (in figures) (Indian Rupees/US Dollars .............) (in words) 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:
For foreign currency Bank Guarantee, detail of Nostro Account as under to be indicated
additionally for respective currency.
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.
Dated …………………….
WITNESS NO. 2
______________________
(Signature)
Full name and official address
(in legible letters)
Note: This bank guarantee/all further communications relating to this bank guarantee should be
forwarded to GM-I/c(MM), OES, ONGC, 2B, Deendayal Urja Bhawan, Vasant Kunj, New Delhi-
110070 (India).
Bank guarantee, duly executed as per the above format, is to enclosed with the offer
1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamp paper/ franking
receipt as per stamp duty applicable at the place from where the tender has emanated. The
non-judicial stamp paper / franking receipt should be either in name of the issuing bank or
bidder.
2. Foreign parties are requested to execute bank guarantee as per law in their country.
3. Foreign bidders will give guarantee either in the currency of the quotation or US$ (US Dollars).
Indian Rs. / US$ have been mentioned only for illustration. Therefore, in case where bank
guarantee is being given in currency other than Rupees or US$, indicate the relevant currency
of the quotation.
4. The expiry date as mentioned in clause 6 should be arrived at by adding 30 days to the Bid
validity.
5. 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.
6. Agreement as per Appendix B-8 attached is to be furnished by the Bidder along with the Bid
Security.
7. The full address along with the Telex/Fax No. and e-mail address of the issuing bank to be
mentioned.
APPENDIX - B-8
AGREEMENT
No.---------- Date----------
To
Oil and Natural Gas Corporation Limited
Dear Sir,
ONGC and the Bidder agree that the Notice Inviting Tenders (NIT) / Invitation for Bids (IFB) 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 days from the last date
for the receipt of tenders stated in the NIT / IFB AND THE MAKING OF THE BID SHALL BE
REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT
/ IFB. 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 / IFB 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 / IFB to
the Bidder and to consider the bid to be made except on the condition that the bid shall be kept
open for 90 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.
(BIDDER) (COMPANY)
(One copy of this agreement, duly signed, must be returned along with offer).
APPENDIX-B-9
Bidder confirms that all the technical & contractual doubts / clarifications with regards to terms &
conditions of bid documents, have been discussed / settled after site visit and receipt of replies to
queries, if any, and a techno-contractually compliant bid to the bidding document issued against
Tender no. DLH/OES/MM/NSFP-MHN/X11VC19002/2019 with no exception / deviations whatsoever
has been submitted. In case ONGC finds that bidder has taken any deviation/ exception to ONGC’s
bidding documents the bid will be rejected outright and the bidder shall have no right to make any
representation against rejection of his bid. Any representation against rejection of the bid shall be
summarily rejected.
APPENDIX-B-10
DELETED
APPENDIX-B-11
DELETED
APPENDIX-B-12
Deleted
APPENDIX-B-13
INTEGRITY PACT
APPENDIX-B-14
Deleted
APPENDIX-B-15
The Bidder hereby declares 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
APPENDIX - B-16
PROFORMA FOR BANK GUARANTEE TO BE SUBMITTED TOWARDS LIQUIDATED DAMAGES
REF NO._________ BANK GUARANTEE NO. _____________ DATED __________
To,
Oil and Natural Gas Corporation Limited
-------------------------------
-------------------------------(indicate address of the Work centre)
Dear Sirs,
1. In consideration of Oil and Natural Gas Corporation Ltd. incorporated under the Companies Act
1956 having its registered office at Deendayal Urja Bhawan, 5, Nelson Mandela Marg, Vasant
Kunj, New Delhi-110070 (India), and its Onshore Engineering Service Office located at 2B,
Deendayal Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070 (India) and
its Mehsana Asset office located at Office of Head Engineering Services, ONGC, Dist.
Mehsana, Gujarat-384003 (India) respectively (hereinafter referred to as "Company" which
expression shall unless repugnant to the context or meaning thereof includes all its successors,
administrators, executors and assigns), 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 assigns) and Company having agreed
that the Contractor shall furnish to Company a bank guarantee for Indian Rupees/US$ ...........(
in figures) (Indian Rupees/US Dollars ..........) (in words) to cover the amount of Liquidated
Damages as per clause ………. and ……… of the Contract. (suitable clause nos. to be
indicated by the work center).
2. We.................. (name of the Bank) registered under the laws of ............... (name of the country)
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 assigns) do hereby guarantee and undertake to pay
immediately on first demand in writing and any/all money(ies) 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 Company 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 things whatsoever, as liability under these presents being absolute and unequivocal.
We agree that the guarantee herein contained shall be irrevocable. This guarantee shall not be
determined, discharged or affected by the liquidation, winding up, dissolution or insolvency of
the Contractor and shall remain valid, binding and operative against the Bank.
3. The Bank also agree that Company 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 Company may have in
relation to the Contractor's liabilities.
4. The Bank further agree that Company 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 Company against the said Contractor(s) and to forebear 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 Company or any indulgence by Company 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 agree 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 Company under or by
virtue of this Contract have been fully paid and its claim satisfied or discharged or till Company
discharges this guarantee in writing, whichever is earlier or until the date of expiry of the claim
period specified in para 9 of this Bank Guarantee, whichever shall first occur.
6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of
Company 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 agree that this guarantee shall be governed and construed in accordance with
Indian Laws and subject to the exclusive jurisdiction of Indian Courts in Delhi.
9. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to
Indian Rs./US$..........(in figures) (Indian Rupees/US Dollars .............) (in words) 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:
For foreign currency Bank Guarantee, detail of Nostro Account as under to be indicated additionally
for respective currency.
In witness whereof, the Bank through its authorised officer has set its hand and stamp on
this......... day of....... at.........
.........................
(SIGNATURE)
WITNESS NO.2
..........................
(SIGNATURE)
Full name and official address (in legible letters)
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.
6. Agreement as per Appendix B-8 attached is to be furnished by the Bidder along with the Bid
Security.
7. The full address along with the Telex/Fax No. and e-mail address of the issuing bank to be
mentioned.
APPENDIX - B-17
PROFORMA OF UNDERTAKING
(Authorized signatory)
Signature:
Name:
Designation:
APPENDIX- B-18
BANK DETAILS
APPENDIX-B-19
- DELETED -
APPENDIX-B-20
- DELETED -
APPENDIX-B-21
- DELETED -
APPENDIX B-22
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……………………………………
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.
…………………………………
Signature of the person providing the information
Place…………………………
Notes:
1. *Delete whichever is not applicable
2. # 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.
APPENDIX B-23
Note:
Dear Sirs,
1. In consideration of Oil And Natural Gas CORPORATION Limited, incorporated under the
Companies Act, 1956, having its Registered Office at Deendayal Urja Bhawan, 5, Nelson Mendela
Marg, Vasant Kunj, New Delhi - 110070, India and one of its offices at Onshore Engineering
Services, 2B, Deendayal Urja Bhawan, 5, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070
& its Mehsana Asset, located at Office of Head Engineering Services, ONGC, Dist. Mehsana,
Gujarat-384003 (India), (hereinafter referred to as `ONGC', which expression shall, unless
repugnant to the context or meaning thereof, include all its successors, administrators, executors
and assignees) having entered into a CONTRACT No. __________________ dated
_______________ (hereinafter called 'the CONTRACT' which expression shall include all the
amendments thereto) with M/s __________________________ having its registered/head
office at ______________________(hereinafter referred to as the 'CONTRACTOR') which
expression shall, unless repugnant to the context or meaning thereof include all its successors,
administrators, executors and assignees) and ONGC having agreed that the CONTRACTOR
shall furnish to ONGC a Bank guarantee for Indian Rupees/US$ .............. for the faithful fulfillment
of conditions pertaining to Local Content in accordance with the value mentioned in the certificate
of Local Content submitted by the contractor for claiming purchase preference under the
Purchase Preference Policy (linked with Local Content).
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, New Delhi
Branch : Parliament Street Branch
Branch Code : 00691
Bank Account No. : 30102828469
For foreign currency Bank Guarantee, detail of Nostro Account as under to be indicated
additionally for respective currency.
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)
APPENDIX- C-1
Proforma shall be provided to the successful bidder during execution of the project.
APPENDIX- C-2
ACCIDENT REPORT
2. Designation
3. Age
4. Place of duty
Name: Designation:
Name Designation
Name Designation
etc. etc.
15. Was the victim given any first aid? Yes/No Time
APPENDIX- C-3
Proforma shall be provided to the successful bidder as per requirement during execution of the
project.
APPENDIX- C-4
- Deleted -
APPENDIX- C-5
6. Execution Period :
i. Design :
ii. Fabrication :
7. Date of Commissioning :
12. Certificate :
It is certified that the Fire Protection Systems/ Facilities have been designed, fabricated, erected /
installed / laid and commissioned in accordance with the approved ONGC’s specifications and Design
Criteria, Detailed Engineering documents and drawings and as per the approved procedures for
fabrication, erection/ installation / laying and hook-up, pre-commissioning and commissioning for the
intended design life of …… years stipulated in the Bid Package subject to compliance of stipulations
given in the recommendations above.
APPENDIX- C-6
Proforma shall be provided to the successful bidder at the time of execution of project as per
requirement.
APPENDIX-C-7
COMMISSIONING PLAN
APPENDIX-C-8
Proforma shall be provided to the successful bidder at the time of execution of project as per
requirement.
Daily, Weekly, Monthly Progress Report along with safety report Proforma have been provided in
Volume-II & Volume-III of the bidding document.
In addition to above, the various Annexures to the progress report provided herein below are for
reference purpose only and same shall be frozen with the successful bidder at the time of execution of
project as per requirement.
I. INTRODUCTION
(Major issues which may delay the project. This section shall include contractor’s
recommendations for remedial measures).
(Discipline wise percentage progress statistics weightages to be discussed with company for
each discipline)
-------------------------------------------------------------------------------------------------------------------------------------
SL. TITLE SCH. SUBMI PROGRESS APPROVAL
REMARKS
NO. DATE RETURN REV 0 REV 1 REV 2 REV 3 DATE
-------------------------------------------------------------------------------------------------------------------------------------
APPENDIX D- 1
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:
APPENDIX D-2
4. Issues:
Statement of Claims may kindly be restricted to maximum limit of 20 pages. Relevant documents may be compiled
and submitted along with the statement of claims. The statement of claims is to be submitted to all OEC members,
to other party and to the office of Chief Legal Services, by post as well as mail.
Appendix E-1
Annexure A
Annexure B (i)
To,
M/s….(Contractor’s name)
Sub: Resolution of the outstanding disputes through conciliation by outside expert committee.
Sir,
With reference to above referred contract, you have raised certain disputes/claims. Vide your letter dated
………you have requested ONGC to refer your claims to OEC for conciliation.
We are enclosing herewith Format for giving consent and the terms / conditions and Guidelines governing
conciliation through OEC. You are requested to give your unconditional consent to the said terms /conditions /
guidelines by returning the same duly sealed and signed on each page. On receipt of your consent, matter will be
put to the competent authority for consideration and decision.
Please note that ONGC has also certain claims against you (if applicable). ONGC reserves its right to agree or not
to agree conciliation of the said disputes through OEC and this letter is being issued without prejudice to ONGC’s
rights and contentions available under the contract and law.
Yours faithfully,
Representative of ONGC
Annexure B (ii)
To,
ONGC…
…………….
Sub: Resolution of the outstanding disputes through conciliation by outside expert committee.
Sir,
Accordingly we request you to kindly refer the dispute in respect of above claims to OEC for conciliation.
We hereby agree and give our unconditional consent to the terms / conditions / guidelines governing conciliation
through OEC. We have signed the same on each page and enclosed it for your consideration.
Yours faithfully,
Date
Annexure B (iii)
ONGC’s Terms / Conditions / Guidelines for Conciliation through Outside Expert Committee (OEC) to be
given to Contractor for acceptance.
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 new issue thereafter.
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. CMD will have authority 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 the
parties concerned.
5. The OEC members shall give a declaration of independence and impartiality (as per Annexure C) to both the
parties before the commencement of the OEC proceedings.
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.
11. The parties shall be represented by their in-house employees/executives. No party shall bring any advocate or
outside consultant/advisor/agent. Ex-officers of ONGC who have handled the matter in any capacity are not
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 in Annexure F 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.
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.
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 7 days 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 Forum /
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;
d. the fact that the other party had indicated his willingness to accept a proposal for 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.
Annexure C
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:
Annexure D
4. Issues:
Statement of Claims may kindly be restricted to maximum limit of 20 pages. Relevant documents may be compiled
and submitted along with the statement of claims. The statement of claims is to be submitted to all OEC members,
to other party and to the office of Chief Legal Services, by post as well as mail.
Annexure E
Feedback form
Sl no Particulars Feedback
1. Whether the case was presented properly (a) ONGC
by parties. (Any shortcoming/ any (b) Contractor
suggestion for improvement in
presentation)
2. Any suggestion for improving the
contract document.
3 Any guidance to improve contract/project
management by ONGC
4. Whether administrative support,
secretarial assistance, venue and other
requirements for conducting OEC
proceedings were satisfactory
5. Any suggestion/guidance to improve the
system of OEC
(Signature)
Date:-
Place:-
Annexure F
1. OEC members shall be entitled for the following fees and facilities:
2. 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.
Annexure G
Signature:
Name & Designation of Key Executive:
Date: