12359581
12359581
12359581
Technical Bid
Subject:
Engagement of Consultancy for the job of Development, Conceptualising and Submission of Unique and
Aesthetic Design with Energy Conservation / Water Harvesting / Solar Electricity Provision having Customer
Delight Parameters in Retail Outlet by IOCL for one identified location under Delhi State Office.
Tender No:DSO/ENG/LT-15/2016-17
Due Date & Time: as per e-NIT
. NO.
PARTICULARS
Forwarding Letter
Scope of work
10
Form of Contract
11
12
Declaration
13
14
15
16
List of Directors
17
18
Certified that we have received the subject tender containing above documents and have studied the same
thoroughly before submitting the same. We accept all the terms & conditions specified in the tender. The
General Condition of Contract and safety Practices during Construction as mentioned above and not
attached with this document has been received by the party along with the tender against which party has
been empanelled.
DATE: .............................
Page 2 of 51
_________________________
_________________________
Subject
Engagement of Consultancy for the job of Development, Conceptualising and Submission of Unique
and Aesthetic Design with Energy Conservation / Water Harvesting / Solar Electricity Provision having
Customer Delight Parameters in Retail Outlet by IOCL for one identified location under Delhi State Office
State
Dear Sir,
We are enclosing a Limited tender document for subject job in single bid. You are requested to submit
your most competitive quotation for the work.
You may please note that this is an e-Tender. There is no tender fee required for downloading the
tender from our e-Tendering website https://iocletenders.gov.in/. Being an e-Tender, it will not be
available for purchase from our office.
It must be noted that all tender document shall be submitted only electronically at our e-Tendering
website https://iocletenders.gov.in/ except original instrument for EMD. Tender Documents sent in hard
copies shall be summarily rejected.
EMD is to be paid offline as specified and in the manner given in Notice Inviting e-Tender and
Instruction to Bidders for participating in e-Tendering. Tenders submitted without specified
earnest money deposit would be rejected outrightly.
The format of tender submission shall be strictly as mentioned in Special Terms & Conditions.
Conditional offers are liable for rejection. However, you are requested to get any clarification, if required,
from us before submission of your bid.
The Corporation reserves the right to reject any or all tenders without assigning any reason whatsoever.
Thanking You,
Yours faithfully,
Page 3 of 51
S. No.
1
Description
All tender documents uploaded digitally signed after carefully reading the
same.
In price bid sheet i.e BOQ excel file, Party has quoted by selecting EXCESS
or LESS in the dropdown box and thereafter filling the percentage rate in
figures only without any condition. In case party is intending to quote at Par,
party must quote 0 in the space provided.
EMD details have been provided in the page titled Particulars of Earnest
Money Deposit and scanned copy of this is uploaded..
Page 4 of 51
Indian Oil Corporation Ltd. invites bids through its website https://iocletenders.gov.in/
under single bid system. Tenderers can download the tender from this site free of cost
using their Digital signature certificate and registered login ID.
2.
Tenderers are advised to download Notice Inviting e-Tender along with other tender
documents. The tender shall be submitted online in soft copy on our e-tendering portal
https://iocletenders.gov.in/ and the Earnest Money Deposit has to be submitted by
ONLINE mode only. A scanned copy of the payment advice or exemption certificate in
case of NSIC or exempted category has to be uploaded along with the tender in the
appropriate link.
3.
The price bid must be submitted only in the prescribed BOQ Excel file available as a part
of the e- tender. If price bid BOQ excel file is not uploaded, tender shall be summarily
rejected.
4.
Tenderers are advised to submit required EMD, by ONLINE mode only in favour of Indian
Oil Corporation Limited, payable at New Delhi.
5.
The Corporation will not be responsible for any delay in online submission of tender at
mentioned website.
6.
Tender Schedule
Tender no
DSO/ENG/LT-15/2016-17
As per e-NIT
As per e-NIT
As per e-NIT
Validity of tender
Quantum of work
As per e-NIT
Engagement of Consultancy for the job of Development,
Conceptualising and Submission of Unique and Aesthetic
Design with Energy Conservation / Water Harvesting / Solar
Electricity Provision having Customer Delight Parameters in
Retail Outlet by IOCL for one identified location under
Delhi State Office
Rs. 3,99,625/- (Rupees Three Lakhs Ninety Nine Thousands Six
Hundred and Twenty Five Only)
Note: The amount is inclusive of all taxes, but exclusive of service tax.
Service Tax shall be payable as per prevailing rates based on Tax invoice
submitted by the contractor wherever applicable.
The quantum of works given in Tender Document is only indicative based on
tentative estimates and is not the right of contractor. Indian Oil does not
guarantee any minimum or maximum quantum of works, during the currency
of contract
120 days from the date of opening of tender
Tender is invited keeping in view that the entire work shall be carried out
as per the mentioned scope of work in the normal circumstances.
However in unavoidable circumstances or as per the revised
requirement of the corporation, quantum of work may be reduced while
placing work order or thereafter as the case may be. No compensation
will be paid in this regard.
3 (Three) weeks for Designing and Detailing.
45 Days for Execution of Works based on approved Design
In partial modification of clause 4.4.0.0 of GCC, price adjustment for
delay on completion shall be deducted at applicable percentage from RA
Bills, on cumulative value of work done up to the concerned RA Bill.
However, in cases of abandonment of site/termination, price adjustment
Page 5 of 51
Tender fees
Security deposit
SERVICE TAX
for delay shall be applied in line with GCC clause 7.0.9.0 on total contract
value as specified in acceptance of tender.
1. Rs.4000/- (Payable by ONLINE mode only in favour of Indian Oil
Corporation Limited (M.D.) payable at New Delhi. No interest shall be
paid on EMD).
OR
2. EXEMPTED CATEGORIES FOR EMD:
o PARTIES REGISTERED UNDER MSME ACT, 2006 (OR
ERSTWHILE NSIC) FOR SIMILAR TYPE OF WORKS.
o CENTRAL/STATE PSUs AND JOINT VENTURES OF INDIAN OIL
NIL being e tender.
The security deposit for contractors for works shall be equivalent to the
10% of the value of the work done. The security deposit shall be paid by
Bank Guarantee/ Demand Draft. Out of the total Security Deposit 25%
shall be paid by Demand draft in advance on acceptance of contract and
balance 75% of the security deposit shall be recovered from the running
bill @ 10% of the bill amount till 100% of the Security Deposit is
recovered.
The Security Deposit can be paid in the following manner:
Pay Orders or Demand Draft of Nationalized/ Schedule Banks on which no
interest will be allowed
If the contractor desires to pay Security Deposit by way of Bank
Guarantee, then they should pay the same for the entire amount of the
Security Deposit work out based on work order value before
commencement of work. (The Bank Guarantee should be of Nationalized /
Scheduled Banks sent directly by the Banker under their covering letter to
the office of the Corporation by Regd. Post).
HOWEVER, BGs WILL NOT BE ACCEPTED IF THE TOTAL AMOUNT OF
THE SECURITY DEPOSIT IS LESS THAN RS. 1,00,000/ The retention period for security deposit will be 15 months after the date
of completion of the work.
NOTE: OPTION OF ONE OF THE ABOVE METHODS, ONCE EXERCISED
WILL NOT BE CHANGED LATER ON.
CONTRACTOR SHALL BE REQUIRED TO SUBMIT VALID TAX INVOICES
INDICATING FOLLOWING MINIMUM DETAIL INCLUDING SERVICE TAX
COMPONENT MENTIONED SEPARATELY AS PER PREVAILING SERVICE
TAX RULES.
o Invoice/bill/challan should be signed by the person authorized to sign
such invoice/bill/challan
o Invoice /Bill/ Challan should be serially numbered
o Invoice to contain name address and the registration number of
service provider
o Invoice to contain name and address of service receiver
o Invoice to contain description, classification and value of taxable
service provided
o Service tax and VAT etc (as per applicabaility) to be mentioned
separately
o The party should also be required to mention the service tax required
to be paid directly by IOCL if any, under reverse charge mechanism
at the time of submission of bills as per the provision of Law
prevalent at the time of payments.
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The Work Contractor will be liable to issue Tax invoice as per VAT Laws
of the state quoting the VAT TIN of IOCL.
The applicable VAT is to be separately shown in the Tax Invoice.
The Contractor shall be responsible to submit and indemnify IOCL if
Input Tax credit is denied on the ground of non deposit of VAT by him
to the VAT authorities and for any other reasons including issuance of
defective Tax Invoice.
In case of irreconcilable conflict in technical matters between the provisions in the separate
contract documents concerning or governing the same aspect precedence shall be given to
the provisions contained in the documents mentioned below in the order in which they are
set out below:
Any variation or amendment issued after the execution of the formal contract shall take
precedence over the formal contract and all other Contract Documents.
It is for the information of the bidder that negotiations will not be conducted with the
bidders as a matter of routine. However, Corporation reserves the right to conduct
negotiations. In case of negotiations, confirmation of the negotiations should be received
from the bidder within 07 days from the date of negotiations failing which the Corporation
reserves the right to ignore the quotation.
Notwithstanding any other condition/provision in the tender documents, in case
of ambiguity or incomplete documents pertaining to PQC, bidders shall be given
only one opportunity with a fixed deadline after bid opening to provide complete &
unambiguous documents in support of meeting the PQ criteria. In case the bidder
fails to submit any document or submits incomplete documents within the given
time, the bidders tender will be rejected.
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Tenderers are advised to read the tender documents carefully. Following methodology will be
Page 8 of 51
SCOPE OF WORK
Brief Details of Works:
Delhi State Office of IOCL (Marketing Division) has planned to develop a holistic design
of a typical Retail outlet with special emphasis on
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
2. Site Supervision
a. Supervision, Inspection, Verification, Certifications, Vetting and Measurement of all required
materials & works as per Work Order (awarded to construction agency by IOCL) including
Schedule of Rates / Bill of quantities, Scope of Works, Technical Specifications, GCC, Safety
Practices, Quality Assurance Plan, BAR CHART, Latest & relevant IS codes of Practice, Best
construction practices of Oil Industries, adhering to Labor Laws, NHAI approval, PESO
approval, Local Statutory approval, etc. complete.
b. Verification of material invoices, material test reports / certificates, approved makes, field tests,
dispatch clearance of fabricated structural steel canopy / other works from factory / workshop of
contractor (which may be located anywhere within Delhi and neighbouring states / NCR),
arranging laboratory tests & examining its results & implementing corrective measures, etc.
complete.
c. Engineer shall report to concerned IOC Official / Engineer and concerned contractor on receipt
of the call up PO for work details and scheduling of activities.
d. Inspection reports, instructions issued, observations and measurements jointly recorded /
signed with contractor shall be submitted to contractor at site on the same day & copy of the
same shall be dispatched / e-mailed to IOCL immediately after each visit within three days from
the date of inspection.
e. Rates shall be inclusive of all expenses such as Salary, Accommodation, Conveyance,
Travelling Allowances, Dearness Allowances, Stationary, etc. complete pertaining to
deployment of Engineer, Profit & Overheads of TPI agency, Stationery, Testing Equipments,
etc. complete but excluding Service Tax which shall be payable extra on actual basis as
applicable for successful completion of entire job.
f. IOCL shall be kept indemnified from all type of litigations pertaining to deployed Site Engineers
or its employees or Proprietor / Partners / Directors for his conduct & Acts.
g. No payment, other than mentioned / agreed in writing shall be payable.
h. Supervisor shall be Engineering Graduate with three years experience or Diploma holder with
five years experience from any Govt. recognized institutions. He should be on a direct pay roll
of the TPI Agency being the Principal Employer & his work tenure with any of the TPI Agencies
shall be minimum period of two years on the date of any Call PO. TPI agency has to submit the
details of qualification and experience of these Engineers to IOCL before commencement of
work.
i. The services rendered by the deployed Engineer shall be cross examined by his Superiors
from time to time and as & when required by IOCL. Expenditures on account of visits of seniors
to the construction sites for cross examination of the services of the Supervisor are to be
included in the quoted rates.
j. Required co-ordination with IOCL official / Engineer, Contractor or its authorized
representatives and RO Dealer or its authorized representatives shall be maintained for smooth
working and scheduling of various construction / QAP activities on receipt of call up orders.
k. Inspection formats in line with Work Order, Bill of quantities, Technical Specifications, Scope of
work, QAP, BAR CHART, etc shall be submitted for approval from IOCL. Reports shall consist
of actual readings taken / observed / noticed / seen, parameters as per relevant IS Codes /
Page 10 of 51
l.
m.
n.
o.
p.
q.
r.
Technical Specifications, comments of TPI site Engineer, etc. complete. Report showing only
OK / accepted etc. shall not be accepted.
Submission of inspection Schedules & necessary information to IOCL / Contractor from time to
time as applicable.
Per Visit means, Engineer will visit the work site for executing all jobs mentioned under scope
of work in full as per terms & conditions for visiting the work site. TPI Site Engineer is required
to attend the inspection calls of Contractor / IOCL Officials within 7 days from the date of
written intimation by e-mail / fax / post etc. In case of delay in attending call beyond 7 days,
price adjustment @ Rs.500 per days or part thereof and maximum up to Rs.5000/- apart from
getting the job done at the risk & cost of the TPI agency and / or termination of contract as
deemed fit shall be applicable. Decision of IOCL in this case shall be final and binding on TPI
Agency.
Technical Specifications, General Conditions of Contract, Safety Practices, Standard
Drawings, Typical drawings pertaining to development of new A site RO, pre-fabricated
structural steel Canopy, etc. are enclosed with the tender document for ready reference
of TPI.
All testing equipments such as Alco meter, Lux meter, Ultra sonic thickness gauge, Vernier
Calliper, Screw Gauge, Measuring taps, Steel ruler, Thermometer, etc. with valid calibration
certificate as applicable shall be kept by each site Engineer of TPI at its own cost.
Attendance register shall be maintained at each site by Resident / Visiting Site Engineer for the
purpose of payment also. It shall be available for all time for visiting IOCL officials for
endorsement.
If any wrong doing such as indiscipline, misbehaviour, wrong construction practices, deviation
from work order, accepting bribes, passing IOCL information to other agency, etc. on the part of
Resident / Visiting site engineer or any of the employees or Proprietor or Partners or Directors
of TPI Agency, noticed by IOCL, then corrective measures or penal action as deemed fit
suggested by IOCL shall be final & binding on the TPI Agency.
On receipt of Call PO, Resident / Visiting Site Engineer shall be deployed / nominated by the
TPI agency for each work. He will report to DGM (E), DSO within seven days from the date of
the Call up PO along with his educational & experience credentials duly endorsed by TPI
Agency, testing equipments as mentioned at s. no. (t) Above, Laptop with Printer & internet
facility, Camera, Mobile phone, etc. for examining / interviewing his competence. IOCLs
decision for retaining the deployed / nominated Resident / Visiting Site Engineer or replacing it
with another suitable candidate shall be final & binding on TPI Agency.
PAYMENT SCHEDULE
Payment terms for Designing and Detailing.
80% payment upon Completion of Presentation drawings, 3D views/models to explain the
whole scheme at HO Mumbai
20% payment shall be released after selection of the submitted design for implementation
Payment terms for Site Supervision.
100% payment Per visit after submission of visit Report
Rates are exclusive of Service Tax and shall be paid on actual as applicable. Present rate of
Service Tax is 15.00%. Contractor shall be required to submit valid tax invoices including Service
Tax component mentioned separately as per prevailing Service Tax Rules out of total payable
amount.
Statutory deductions such as TDS, WCT, etc. shall be made from each bill as applicable.
Page 11 of 51
Page 12 of 51
Annexure-I
1)
2)
3)
4)
The details of EMD payment should be filled in the relevant space below.
Scanned copy this page duly filled in is also to be uploaded in e-Tender
website at appropriate place.
5)
We are enclosing EMD as per ONLINE mode given below against subject
Tender:
Online EMD Ref. No. ____________________ dated _____________
of Bank _______________________________________________
for Rs.4000 /- (Rs. Four Thousands only)
Tenderer's Signature ..
Page 13 of 51
Annexure-II
NAME OF WORK:
Engagement of Consultancy for the job of Development, Conceptualising and Submission of Unique
and Aesthetic Design with Energy Conservation / Water Harvesting / Solar Electricity Provision
having Customer Delight Parameters in Retail Outlet by IOCL for one identified location under
Delhi State Office
Tender No.: DSO/ENGG/LT-15/2016-17
We confirm that we have quoted the rates in the tender considering Inter-alia the
1.
Tender Document(s)
2.
3.
4.
5.
We _______________________ (Name of the Tenderer) hereby certify that we have fully read
and thoroughly understood the tender requirements and accept all terms and conditions of the
tender including all corrigendum/addendum issued, if any. Our offer is in confirmation to all the
terms and conditions of the tender including all corrigendum/addendum, if any and minutes of the
pre-bid meeting. In the event of our offer is found acceptable and contract is awarded to us, the
complete tender document shall be considered for constitution of Contract Agreement.
Page 14 of 51
Annexure-III
Page 15 of 51
Annexure-IV
(On Leter Head)
Signature of Bidder:
Date
Name of Signatory:
Page 16 of 51
Annexure-V
D E C L A R A T I O N - `A'
We declare that we have complied with the conditions of Agreement.
Date:
Place:
D E C L A R A T I O N - `B'
We declare that we do not have any employee who is related to any officer of the
Corporation/Central/State Governments.
We have the following employees working with us who are near relatives of the Officer/Director of
the Corporation/Central/State Government.
Name of the employee
of the Contractor
.........................................
Date:
Place:
Page 17 of 51
D E C L A R A T I O N - `C'
The Tenderer is required to state whether he is a relative of any Director of our Corporation or the
Tenderer is a firm in which any Director of our Corporation or his relative is a partner or any other
partners of such a firm or alternately the Tenderer is a private company in which Director of our
Corporation is a member or Director.
1.
Name of the Contractor and his relations with the Director in our Corporation:
___________________________________________________________________
2.
3.
Name of the Director of the Corporation who is a member or a Director of the firm:
___________________________________________________________________
Date:
Place:
DECLARATION D
Tenderer is required to state whether they have employed any retired Director and above rank
officer of Indian Oil Corporation Limited in their firm. If so, details hereunder to be submitted.
1. Name of the person
3. Date of retirement
Date:
Place:
Note:
1. A separate sheet may be attached, if the above is not sufficient.
2. Strike out whichever is not applicable.
3. If the Contractor employs any person subsequent to signing the above declaration and the
employee(s) so appointed happens to be the near relatives of the Officer/Director of the
Corporation/Central/State Governments, the Contractor should submit another declaration
furnishing the name(s) of such employee(s) who is/are related to the officer(s) of the
Corporation/Central/State Governments.
Page 18 of 51
Tender Fee: There is no tender fee for this tender being an e-Tender.
2.
3.
The finally selected party shall have to execute form of contract given in GCC, indemnity
bond and declarations on requisite value of Stamp Paper and will have to sign and stamp
whole GCC and Safety During Construction along with subject tender as token of
acceptance.
4.
Soft Copy of Technical Specifications (CPWD Specs Part 1, CPWD Specs Part 2 and
Technical Specification Mechanical & Electrical), Standard Drawings, General
Conditions of Contract, Safety Practices, Approved makes, etc. in the form of CD has
already been sent separately to all the empanelled parties for reference & records with the
view that the same shall not be enclosed along with each tender & work order. However
the same shall be treated as a mandatory part of tender & works orders. Bidders shall not
only quote rates considering the same as a part of tender but also carry out the execution
of work at site being the part of work order. It shall be binding on bidder.
5.
The Corporation may change the representative for supervision of work during pendency
of the contract and may or may not appoint third party agency to get the job executed. The
party will have to abide by the instructions given by authorized representative of the
Corporation as well as any third party appointed by IOCL.
6.
All the tenderers shall have to submit EMD instrument of requisite amount. EMD shall be
refunded to all unsuccessful tenderers after finalization of the tender and on
placement/acceptance of order by successful tenderer. However, Central or State PSU/
NSICs/JVs of IOC are exempted from payment of Earnest money deposit (EMD). No
interest shall be payable on the EMD amount so deposited along with the tender.
7.
Successful tenderer shall have to complete tender formalities within 10 days from the date
of placement of work order failing which the bid of the party shall not be considered
without any reference to tender and his EMD amount shall be forfeited as per
Corporations rule.
8.
The schedule completion time limit for this contract shall be as per NIT from the 10th day
from date of LOI / work order or date of handing over of site whichever is earlier.
9.
Tenderers shall have to keep offer / rate quoted valid for a minimum period as mentioned
from the date of opening of this tender.
10.
Tender is invited keeping in view that the entire work shall be carried out as per the
mentioned scope of work in the normal circumstances. However in unavoidable
circumstances or as per the revised requirement of the corporation, quantum of
work may be reduced while pacing work order or thereafter as the case may be.
Corporations decision in this regard shall be final & binding of the successful
bidder. No compensation shall be paid to successful bidder in this regard. Bidders
to quote rates considering above mentioned facts.
11.
The successful party shall have to submit his BAR CHART to complete the whole work
during the validity of contract period before start of the work. The contractor has to make
shop drawings wherever required and the same shall be approved by the Engineer-incharge before execution of work.
Page 19 of 51
12.
The contractor is bound to execute all items (whether mentioned in the tender or
otherwise) required for proper completion of work. In case where a specification of any
item is not provided, CPWD specifications shall be applicable with approval of Engineer in-charge.
13.
The tender is on Percentage Basis i.e. the rates are to be quoted in the form of
percentage above or below the schedule of rates offered by the Corporation. The rates
quoted by the party shall be uniformly applicable to all items of schedule of rate inclusive
of all the taxes.
14.
Unless otherwise specified, all item rates are inclusive of all materials, labour cost,
transportation inclusive of all types of taxes, Royalties, tools/plants, site fencing materials,
lighting arrangement, site office, store, out side name plate etc. complete in all respect.
Corporation shall not have any binding to issue all equipments like Tanks/ dispensing
Units at one instance to the contractor but will provide the same as and when required by
the party or as decided by IOCL.
15.
The rate once accepted by the successful bidder shall remain firm during the pendency of
the contract and Corporation shall not entertain any consideration of rate/cost escalation
clause on whatever ground under any circumstances.
16.
To claim any bill, the tenderer shall have to submit executed quantity on his own bill book
duly verified by the site engineer of IOCL. Any quantity found paid in excess at later stage
shall be recovered from the subsequent bill/SD along with the penal interest as per
prevailing bank rule for the period till settlement of excess payment made from the date of
payment to the party. Quantities paid under any items in running bill shall not constitute
having completed and accepted by IOCL. If the jobs are found off specification later on,
the same shall be rectified & replaced by the party without any extra cost to IOCL.
17.
The final bill shall be paid only after completing all contractual formalities including
rectification work, if any, submitting copies of invoices in contractors name & location duly
verified with originals by site engineer, test reports/certificate, statutory formalities
including challan of PF remittance and submission of various records/register maintained
by the contractor pertaining to labours as required by labour laws, signing of
Measurement Book and Corporation Service Entry Sheet and duly accepted by
Acceptance Committee Visit nominated by IOCL. Acceptance Committee Visit, in general,
shall be arranged within 10 days after completion of work duly acknowledged by
Engineer-in-charge of IOCL
18.
The date of completion of work shall be taken as the date accepted by Engineer in Charge
of the project after completion of works.
19.
Qualified Supervisor shall be appointed / positioned by the successful bidder before start
of work for supervision of work, assisting in measurements etc. The site shall be handed
over to the contractor only after positioning of supervisor by the contractor. If the
positioning of engineer is delayed by contractor, then it will be delay on contractors
account and no time extension shall be granted on this delay of not handing over the site.
20.
Corporation will have the authority to deduct all taxes/levies etc from the contractors bill
as per latest rule of Central/State Govt.
21.
Tenderers are advised to read the tender documents carefully. Following methodology will
be followed in finalization of tender:
21.1
21.2
In case more than 1 tenderer quotes the same percentage, then the tenderer with
the upper position in merit list of empanelled parties against public tender No:
DSO/ENGG/PT-05/2013-14 in which they are empanelled be preferred above in
the list as compared to the party with lower position.
21.3
The position of the party is based on the average annual turnover of the balance
sheets submitted by the party at the time of empanelment.
21.4
22.
23.
b.
Conditional tender.
c.
24.
It is for the information of the bidder that negotiations will not be conducted with the
bidders as a matter of routine. However, Corporation reserves the right to conduct
negotiations. In case of negotiations, confirmation of the negotiations should be received
from the tenderer within 10 days from the date of negotiations failing which the
Corporation reserves the right to ignore the quotation.
25.
The contractor has to clear the site in all respect before commencement of work and after
completion of work including removal of old structures (Brick/RCC/ Steel), trees and
jungles etc. without claiming any extra cost from the owner. All such material shall be
appropriately disposed at an authorized dumping ground at the contractors responsibility.
26.
The classification of various items of works for purpose of measurements and payments
shall be as per bills of quantities (BOQ). Except where defined in BOQ, the rates apply to
all heights, depth, sizes, shapes and locations. They also cater for all cuts and wastes. No
floor-wise separation shall be made for the rates. Likewise all heights of centering,
shuttering, staging, formwork and scaffolding, launching trusses and other launching
methods are covered by the rates including multi stage propping for heights greater than
one floor as per drawings.
27.
28.
The specifications may have been divided into different sections / sub-heads for
convenience only. They do not restrict any cross-references. The contractor shall take into
account inter relations between various parts of works/trades: No claim shall be
entertained on the basis of compartmental interpretations. Specification and descriptions
of various items are for identification of material and works to be carried out under them.
29.
The work shall be carried out in accordance with the Good for Construction. Drawings
and designs would be issued to the Contractor duly signed & stamped by the Engineer-incharge. The contractor shall not take cognizance of any drawings, designs, specifications,
etc. not bearing Engineers signature and stamp. Similarly the contractor shall not take
cognizance of instruction given by any other Authority except the instructions given by the
site Engineer/Engineer-in-charge in writing.
Page 21 of 51
30.
TIN and Service Tax Registration is mandatory. In case, party does not have TIN no. of
the state where work is scheduled to take place at the time of bid then bidder has to
obtain TIN no. within six (6) weeks from the date of award of work. But in no case
payment will be released to the party till TIN no. of the state is obtained by the bidder and
a copy of certificate containing TIN is submitted to us. In case of failure to obtain the TIN
no, the work order/contract shall be liable for cancellation and in addition the party shall
not be considered for future tender for the same state.
31.
Page 22 of 51
Incomplete tenders or tender not confirming to terms and conditions prescribed in the tender
documents are liable to be rejected.
2.
In case the due date of submission / opening of tender happen to be a public holiday, the
tender will be submitted / opened on next working day at stipulated time.
3.
The corporation reserves the right to accept any tender in whole or part and reject any tender
without assigning any reason. The corporation is not bound to accept one or more tenders in
part. The decision of the corporation in this regard shall be final.
4.
The Security Deposit can be paid either in from of demand draft / pay order. The party who is
exempted from EMD amount shall have to submit Initial Security Deposit before
commencement of work and security deposit clause shall be applicable on them also.
5.
No interest shall be payable on EMD, ISD and Security deposit deducted from bills. EMD and
SD shall be released as per Corporations rule.
6.
The performance of the tenderer shall be evaluated by the Corporation based on the
feedback of engineer-in-charge as per the format enclosed in tender documents. Action
against the defaulting contractors shall be taken as per the policy of the Corporation.
7.
Merely execution of a particular work shall not be considered as completed work unless until
the same is accepted by the Corporation. For acceptance of work, the Corporation may
appoint a committee / third party agency at its absolute discretion.
8.
IOCL representative shall have the authority to get the executed work dismantled for
verification /checking for quality work as per specifications. The contractor at no extra cost to
the Corporation shall rectify the work so dismantled.
9.
Only make and models of items mentioned in schedule of rates and Technical
specifications of the tender shall be used at site. No equivalent make of any fittings/
fixtures shall be installed. It will be mandatory on the part of the bidder to get Model and
Make approved out of the various options available in schedule of rate under an item in
writing from engineer-in-charge for a job before actual installation of the same at site.
10. The contractor shall have to follow safety practices during construction as per the guideline in
toto.
11. After the placement of the order, the successful tenderer shall not be allowed to sublet or
assign any part of the work order to any other agency without our prior written consent.
12. The successful bidder should give in writing to the Corporation, the name of his authorized
person who will supervise the work and shall remain at the sight during execution of the job.
13. Contractors Scope Of Supply: Scope of supply includes all the required materials unless
otherwise specifically mentioned in either price bid/schedule of rate or special terms and
conditions. It will be the responsibility of the contractor to provide at their cost all required
workers/ labours, equipments, machinery and all materials so as to complete the whole work
as per drawing and specifications. All the materials to be used at site must correspond to IS
specifications.
14. If a contractor brings defective/sub standard material at site, it shall be the responsibility of
the Contractor for the removal and disposal of the same at his own cost. The Corporation
shall not entertain any claim by the contractor on this account. In case, Contractor fails to
remove such materials within 15 days after issue of notice in writing to the Contractor, the
Corporation reserves the right to dispose off such materials at the entire risk and cost of the
Contractor.
15. Testing Of Works/Materials: The contractor if so desired by the Corporation shall arrange to
test the materials used for the works as per instructions from the Corporation/ consultants
Page 23 of 51
e.g. cube test, slump test, brick, Paver, soil, GSB etc. and of the materials to be used in the
works to meet its specification as per prevailing codes of the Bureau of Indian Standards at
no extra cost to the Corporation (IOCL).
16. Work Order quantities are estimated/projected quantities; however payment shall be made as
per actual measurements. The contractor is not entitled for any sort of compensation towards
excess materials produced/ stored at site.
17. Safety: All safety precautions and regulations should be strictly adhered to at no extra cost to
the Corporation.
18. Electrical Works: All electrical works should be carried out through licensed electricians
only.
19. Labour Laws-Indemnity Bond/ Undertaking: The successful contractors shall have to give
an Indemnity Bond/Undertaking to the Corporation in the prescribed form (Format A or 'B'
as applicable) for covering the provisions of the following statutes upto the latest
amendments as applicable.
a.
b.
c.
d.
e.
f.
g.
balance 50% will be paid to contractor against valid tax invoice, which shall be
deposited by contractor to service tax authority.
o
o
o
o
o
o
24. BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, 1996: Cess shall be levied
and collected at such rate not exceeding two percent, but not less than one percent of the
cost of construction work. Cess shall be deducted from Contractor bill by IOCL as per
applicable rate in State and to be deposited by IOCL to concerned state Government. No
extra shall be payable for the same and bidder should quote accordingly.
25. Value Added Tax: The contractor must quote rate including any impact in execution of work
due to imposition of VAT or any other tax liabilities levied by Central Govt. / State Govt. /
Municipalities etc. from time to time during contract period.
o
o
The Work Contractor will be liable to issue Tax invoice as per VAT Laws of the state quoting the VAT
TIN of IOCL.
The applicable VAT is to be separately shown in the Tax Invoice.
The Contractor shall be responsible to submit and indemnify IOCL if Input Tax credit is denied on the
ground of non deposit of VAT by him to the VAT authorities and for any other reasons including
issuance of defective Tax Invoice.
26. In case of contrary conditions, the conditions / details given in the documents supersedes the
conditions / details in documents in following order:
a.
b.
c.
d.
e.
f.
g.
27. The successful party shall have to execute the following documents on a stamp paper as
per the prevailing value as a token of acceptance of the terms and conditions of the
Corporation for carrying out works as and when required.
a)
b)
c)
The contractor has to follow all safety practices at site to ensure no mishap or
casualty. In case of any incident noted by site engineer or engineer in
charge, the following penalties shall be applicable:
a)
b)
c)
ii.
1.
Page 27 of 51
Delhi State Office of IOCL (Marketing Division) has planned to develop a holistic
design of a typical Retail outlet with special emphasis on
i.
approaches & driveway, etc. shall be cross checked with PWD / NHAI
approvals.
Bar Chart shall be prepared jointly with contractor for construction of facilities
for carrying out execution works & reviewing progress of work on weekly
basis.
Finished levels of various facilities / works such as Finished Driveway
Level, Plinth Level of Sales Building, Boundary wall & Electrical Panel room,
Top of Boundary wall, top of Manhole of the underground product storage
tanks, top of buffer strip, top of tank kerb wall, top of RCC column of canopy
foundation, top of RCC slab of Sales building, top of foundation of Yard Light
Poles, etc. shall be discussed & advised before commencing construction
work at site.
Site Instruction book (with printed S. No. on pages) shall be maintained at
site and necessary instructions to contractor shall be issued / recorded as &
when required.
Site Hindrance register (with printed S. No. on pages) shall be maintained at
site recording facts causing hindrance in execution of works.
Cement register, Labour attendance Register, Material Register,
Measurement books, Level book, etc. shall be maintained at site.
Formats for Quality assurance plan (QAP) shall be prepared based on
detailed WOs for approval of IOCL and the same shall be implemented in toto.
All materials required for construction & brought at site shall be checked for
shape, size, colour, quality, age, finishing / workmanship, authorized source,
approved makes, technical specifications, ratings, goodness, etc. before
allowing to be used by the Contractor.
All type of Labour required for construction & deployed at site shall be
checked for its skill, age, health, numbers, etc. before allowing to work at site.
All tools, tackles, machinery, equipment, etc, shall be checked for its
condition, sturdiness, utility, etc. before allowing to be used for construction
work at site.
Execution of work shall be checked during visit of site as applicable in line
with detailed WO (including Schedule of Rates / Bill of quantities, Scope of
Works, Technical Specifications, Approved makes, GCC, Safety Practices,
Quality Assurance Plan, Latest & relevant IS codes of Practice, Best
construction practices of Oil Industries, adhering to Labor Laws, NHAI
approval, PESO approval, Local Statutory approval, etc. complete.) placed on
construction agency and further construction shall be permitted only when it is
found satisfactory in all respect.
Field tests of materials / works shall be carried out in the presence of your
Engineer. Samples shall be collected from site and shall be submitted /
deposited in the approved laboratory for testing as per agreed QAP. Payment
on account testing fees, conveyance, etc. shall be borne by Construction
agency.
Measurements shall be jointly recorded for completed work on daily / during
visit of site engineer basis. On completion of entire work, compiled &
consolidated measurements for complete work jointly agreed & signed with
Contractor shall be submitted to IOCL.
RCC works in foundations, Slabs, etc, shall be carried out only in the
presence of your engineer.
Page 29 of 51
All underground & hidden work shall be checked thoroughly for entire
satisfaction of your site Engineer and measurements duly recorded before
allowing it to be covered.
Levels at each stage for construction of driveway shall be recorded for
existing levels, on completion of cutting / filling of earth work, on laying of
GSB, on completion of layers of WBM, on completion of PCC, on completion
of Pavers / Asphalting / RCC, etc. Payment shall be made based on levels
recorded and the unit of the items.
Progress report (weekly in case of resident Engineer / per visit) along
with colored & dated photographs on actual work done, hindrances, cement
consumption, receipt of materials, MTCs & test reports, measurements,
observations, QAP, etc. shall be furnished to IOCL & Contractor.
Inspection formats shall be developed in such a fashion that actual test
readings, observations, results, etc, shall be recorded along with relevant
parameters as per IS Codes, Technical Specifications, Manufacturers
instructions, etc. and recommendations, comments, analysis, etc. thereof.
First stage:
Work site shall be taken over from IOCL Officials / Engineer after
physically verifying with the layout plan / site dimensions / reference points
of DMs / DCs NOC.
Bench Mark & existing levels shall be verified with TSS provided along
with WO placed on construction agency.
Layout marked on field for each facility by Contractors Engineer shall be
in line with PESO approved Layout plan including Bore-well.
Page 30 of 51
Second Stage:
Lay out of Sales Building & Canopy shall be cross checked with local
statutory approval if applicable. Building line, approaches, levels of
approaches & driveway, etc. shall be cross checked with PWD / NHAI
approvals.
Site Hindrance register (with printed S. No. on pages) shall be
maintained at site by Contractor for recording facts causing hindrance in
execution of works.
Cement register, Labour attendance Register, Material Register,
Measurement books, Level book, etc. shall be maintained at site by the
Contractor.
Formats for Quality assurance plan (QAP) shall be prepared based on
detailed WOs for approval of IOCL and the same shall be implemented in
toto.
Bar Chart shall be prepared jointly with contractor for construction of
facilities for carrying out execution works & reviewing progress of work on
weekly basis.
Finished levels of various facilities / works such as Finished Driveway
Level, Plinth Level of Sales Building, Boundary wall & Electrical Panel
room, Top of Boundary wall, top of Manhole of the underground product
storage tanks, top of buffer strip, top of tank kerb wall, top of RCC column
of canopy foundation, top of RCC slab of Sales building, top of foundation
of Yard Light Poles, etc. shall be discussed & advised before commencing
construction work at site.
Third Stage:
operated concrete mixer & vibrator, required numbers of cubes for testing,
laying of reinforcement, casting of canopy RCC foundations, etc. as per
work order specifications and drawings. Cubes as per IS 456 are also to
be casted for the purpose of testing, slump test to be done. In case any
material including prefabricated structural steel canopy received at site, is
also to be inspected.
RCC plinth beam of the Boundary wall shall be casted in presence of
TPI Engineer only.
Installation of underground storage tanks shall be checked for thickness of
doping, lines, levels, strip / matt raft (which shall be casted in presence of
TPI Engineer)
Levels after cutting / filling shall be checked & verified for its correctness
with level machine provided by Construction agency before permitting
further works of driveway such as laying of GSB, etc.
Fourth Stage:
All underground & hidden construction works pertaining to Boundary
wall, Sales Building, Panel room, Canopy, Culvert (one side), underground
storage tanks, etc. shall be checked thoroughly for entire satisfaction of
your Engineer and measurements shall be jointly recorded before allowing
it to be covered.
Levels after laying of GSB shall be checked & verified for its correctness
with level machine provided by Construction agency before permitting
further works of driveway such as laying of WBM, etc.
Fifth Stage:
Inspection of the Steel Sections mentioned in construction drawings
issued by IOCL for fabrication of various members of canopies or any
other structural steel works, verification of purchase documents / Invoice,
manufacturers test certificates, establishing the origin / genuineness of
the material, verification of approved makes, certification and clearance for
commencement of fabrication.
Inspection of all other materials, such as, welding electrodes, primer and
paint material, machinery and tools, other hardware, nuts, bolts, washers,
gutter, man hole covers & frames, foundation bolts, etc. for their makes /
specifications and certify their acceptability.
Testing of welder for its ability & clearance for deploying on the welding
works.
Verification of fabrication details such as dimensions of various canopy
members and inspections of the finishes such as, cutting, welding,
painting, etc. for adherence to the specifications provided in the work order
and certifying their acceptability.
Sixth stage:
After completion of the fabrication works, inspection shall be carried out for
the finished structural steel members with respect to desired finishes,
workmanship, shapes and dimensions, quality of weld, use of approved
materials & fabrication processes, measurements, including submission of
Page 32 of 51
Seventh stage:
After erection of canopy steel structure over canopy foundations,
installation of fascia, roofing, gutter including leakage test, cables, lights,
JBs, rain water pipes shall be checked & verified. This stage includes
inspection of all the members of canopy, connection details of various
steel members with canopy drawings, Lines, levels, plumbs, workmanship
in erection of various members, cables, cable glands, lights, bulbs & tubes
and any other material available at site related to canopy etc. complete.
Super structure of boundary wall shall be checked & verified.
Levels after laying of WBM shall be checked & verified for its correctness
with level machine provided by Construction agency before permitting
further works of driveway such as laying of PCC, etc.
Eighth stage:
After completion of canopy job for its final inspection which includes
inspection of compliances against rectifications advised in the previous
inspection stage, final finish of canopy fascia, painting of canopy columns,
working of canopy lights, roofing, false ceiling and final inspection of any
other activity or job related to the completion of canopy.
Construction of underground drainage system, Hume pipes for
underground power / lighting / control cables, pipe line trenches for
product piping, etc. under driveway shall be carried out on completion of
WBM only.
Levels after laying of PCC shall be checked & verified for its correctness
with level machine provided by Construction agency before permitting
further works of driveway such as laying of Pavers/RCC, etc.
Ninth stage:
Casting of RCC slab for Sales Building.
Pavers / RCC / Asphalting work of driveway shall be carried out on
completion & verification of construction of underground drainage system,
hume pipes for underground power / lighting / control cables, pipe line
trenches for product piping, product piping, etc. under driveway.
Construction of culvert on other side shall be allowed when first one is
ready in all respect so as not to create hindrance for entry into RO
premises.
Tenth stage:
Water proofing of the roof, Water supply, sanitary works, plastering, point
wiring, etc, of the Sales Building shall be checked & verified.
Works pertaining to installation of yard light poles & its cabling, earhing net
work, kerb wall of underground storage tanks, buffer strip, etc. shall be
checked & verified.
Water harvesting system shall be checked & verified.
Eleventh stage:
Page 33 of 51
Twelfth stage:
Finishing work, painting of RO as per IOCL color scheme, checklist points,
final measurements, removal of debris, cleaning & washing of facilities of
RO, commissioning of facilities, etc. shall be carried out.
Above mentioned stages for TPI Engineer are indicative & not exhaustive. It may be
altered / improved with the written permission of the IOCL in order to carry out the work in
more efficient manner covering all facilities as per detailed work order placed on
construction agency. Needless to mention that all other ongoing works (not mentioned
above) at each stage / visit shall be also to be checked & verified as per detailed WO.
3.
4.
Contract execution:
4.1
Contract for the subject Tender shall be executed at IOCL Delhi State
Office, New Delhi. Upon acceptance of the work order and execution of
the agreement, the TPI agency shall provide the details / contacts of the
coordinating office to IOCL Delhi State Office. The details shall include the
name, designation, contact no., e-mail ID, Fax No., address for
correspondence, etc.
6.
Clause No. 4.4.2.0 of the General Conditions of Contract stands deleted. If for
reasons attributable to the construction agency, additional visits over and above
the visits specified in the scope of work are required to be undertaken by the TPI
Agencies, either to the factory or the RO Site, in order to complete the entire
schedule/scope of inspection specified in this tender for any call-up order, the
same shall be compensated at the same rate as paid under routine inspection
visits. The TPI agency shall undertake such additional visits with the prior
approval of IOCL.
7.
In case, the Third Party Inspection Agency continuously fails to adhere to the
specified time limit or if IOC considers their Services as un-satisfactory, IOC will
be at liberty to terminate the contract and engage an alternate agency, generally
Page 34 of 51
from the panel of parties responded against this tender and who have been
successful, for carrying out the intended Inspections envisaged in this Tender /
call up orders. The Security Deposit of the terminated TPI agency shall be
forfeited apart from initiating action for putting the party on holiday for such period
as deemed fit under the circumstances.
8.
Payment Terms :
Payment terms for Designing and Detailing.
80% payment upon Completion of Presentation drawings, 3D views/models to
explain the whole scheme at HO Mumbai
20% payment shall be released after selection of the submitted design for
implementation
Payment terms for Site Supervision.
100% payment Per visit after submission of visit Report
Rates are exclusive of Service Tax and shall be paid on actual as applicable. Present
rate of Service Tax is 15.00%. Contractor shall be required to submit valid tax
invoices including Service Tax component mentioned separately as per prevailing
Service Tax Rules out of total payable amount.
Statutory deductions such as TDS, WCT, etc. shall be made from each bill as
applicable.
Price adjustment clause: The price adjustment shall be as per Scope of work & also
reproduced here below:
Per Visit means, Engineer will visit the work site for executing all jobs mentioned
under scope of work in full as per terms & conditions for visiting the work site. TPI
Site Engineer is required to attend the inspection calls of Contractor / IOCL Officials
within 7 days from the date of written intimation by e-mail / fax / post etc. In case of
delay in attending call beyond 7 days, price adjustment @ Rs.500 per days or part
thereof and maximum up to Rs.5000/- apart from getting the job done at the risk &
cost of the TPI agency and / or termination of contract as deemed fit shall be
applicable. Decision of IOCL in this case shall be final and binding on TPI Agency.
9.
Taxes:
The tender is for purely Architectural Design and third party inspection which
includes only supervision, inspection, verification, certification, vetting and
measurement of all required material & works as per work order. (Awarded to
construction agency by iocl).
There is no supply of material. It is only purely service contract.
Rates quoted are inclusive of all taxes but exclusive of service tax. (Service tax
shall be paid extra on actual, as applicable).
Present rate of service tax is 15.00% including 0.50% swach bharat cess & 0.50%
krishi kalyan cess. Contractor shall be required to submit valid tax invoices
including service tax component mentioned separately as per prevailing service
Page 35 of 51
tax rules out of total payable amount and name of service under which service tax
is payable as per service tax law.
10.
11.
The Clause No. 2.6.2 and 6.4.5.0 of the General Conditions of Contract is
withdrawn from the scope of this contract.
12.
The corporation reserves the right to operate or not to operate any items
mentioned in the schedule.
13.
Income Tax at the prevailing rates shall be deducted from the contractors bills as
per the income tax act and as per rules there under.
__________________________________________________________________
We agree for the Execution of the jobs at the Quoted Rates subject to the Terms and
Conditions & Drawing forwarded to us along with this Tender and the Agreement
Clauses. In Token of our Acceptance we are enclosing herewith one Copy of the above
tender duly Signed and Stamped by us.
Date :
Place :
Page 36 of 51
FORM OF CONTRACT
(On Rs. 200/- Non-Judicial Stamp Paper)
1.2
This contract ;
Tender documents as defined in the General Instructions to Tenderers;
Letter of Acceptance of Tender along with Fax/ Telegram of Intent.
A copy of each of the Tender Documents is annexed hereto and the said copies have been
collectively marked Annexure 'A' while a copy of the letter of Acceptance of Tender along with
annexures thereto and a copy of Fax/Telegram of Intent dated ________ are annexed hereto
and said copies have been collectively marked as Annexure 'B".
ARTICLE - 2
Work To Be Performed
2.1
The CONTRACTOR shall perform the work upon the terms and conditions and within the
item specified in the Contract documents,
Page 37 of 51
ARTICLE - 3
Compensation
3.1
Subject to and upon the terms and conditions contained in the Contract documents, the
OWNER shall pay CONTRACTOR compensation as specified in the Contract documents
upon the satisfactory completion of the work and/ or otherwise as may be specified in the
Contract documents.
ARTICLE - 4
Jurisdiction
4.1
Notwithstanding any other court or courts having jurisdiction to decide the question(s) forming
the subject matter of the reference if the same had been the subject matter of a suit, any and
all actions and proceedings arising out of or relative to the contract (including any arbitration
in terms thereof) shall lie only in the court of competent civil jurisdiction in this behalf at
________ (where this Contract has been signed on behalf of the OWNER) and only the said
Court(s) shall have jurisdiction to entertain and try any such action(s) and/ or proceeding(s) to
the exclusion of all other Courts.
ARTICLE - 5
Entire Contract
The Contract documents mentioned in Article - I hereof embody the entire Contract between the
parties hereto, and the parties declare that in entering into this-Contract they do not rely upon any
previous representation, whether express or implied and whether written or oral, or any inducement,
understanding or agreements of any kind not included within the Contract documents and all prior
negotiations, representations, contacts and/ or agreements and understandings relative to the work
are hereby cancelled.
ARTICLE - 6
Notices
6.0
Subject to any provisions in the Contract documents to the contrary, any notice, order or
communication sought to be served by the CONTRACTOR on the OWNER with reference to
the Contract shall be deemed to have been sufficiently served upon the OWNER
(notwithstanding any enabling provisions under any law to the contrary) only if delivered by
hand or by Registered Acknowledgment Due Post to the Engineer-in-Charge as defined in
the General Conditions of Contract.
6.1
Without prejudice to any other mode of service provided for in the Contract Documents or
otherwise available to the OWNER, any notice, order or other communication sought to be
served by the OWNER on the CONTRACTOR with reference to the Contract, shall be
deemed to have been sufficiently served if delivered by hand or through Registered Post
Acknowledgement Due to the principal office of the CONTRACTOR at
___________________ or to the CONTRACTOR's representatives as referred to in the
General Conditions of Contract forming part of the Contract Documents.
ARTICLE-7
Waiver
7.1
No failure or delay by the OWNER in enforcing any right or remedy of the OWNER in terms
of the Contract or any obligation or liability of the CONTRACTOR in terms thereof shall be
deemed to be a waiver of such right, remedy, obligation or liability, as the case may be, by
Page 38 of 51
the OWNER and notwithstanding such failure or delay, the OWNER shall be entitled at any
time to enforce such right, remedy, obligation or liability, as the case may be.ARTICLE-8
Non-Assignability
The Contract and benefits and obligations thereof shall be strictly personal to the CONTRACTOR and
shall not on any account be assignable or transferable by the CONTRACTOR.
IN WITNESS WHEREOF the parties hereto have executed this Contract in duplicate the place, day
and year first above written
SIGNED AND DELIVERED for and on behalf of
INDIAN OIL CORPORATION LTD.
by..........................................
in the presence of
1.
2.
SIGNED AND DELIVERED
for and on behalf of
.......................................... (CONTRACTOR)
by ..........................................
(this day of _____________ 20___)
in the presence of
1.
2.
(Strike off which is not applicable)
Page 39 of 51
(1)
(2)
THIS INDEMNITY BOND/ UNDERTAKING executed at ..................... this ................day ...................... of ............. 20
. by Messers .......................................................... hereafter called the Contractors (which expression
shall mean and include if the context so admits, the partners or partner for the time being of the Firm and their or his
respective heirs, executors and administrations its successors and assigns in law) in favour of INDIAN OIL
CORPORATION LTD. a Company incorporated under the Company Act I of 1956 and having its Registered Office at
G-9, Ali Yavar Jung Marg. Bandra (East), Bombay 400051, hereinafter called the Corporation (which expression shall
include its successors and assigns in law).
WHEREAS the Corporation, desirous of having executed certain work specified in the work order No. ___________
dated ___________ issued by the Corporation on the Contractors has caused drawings, specifications and bill of
quantity showing and describing the work to be done prepared and the same have been signed by or on behalf of
the parties hereto AND WHEREAS the Contractors have agreed with the said work Order upon certain terms and
conditions provided in the Agreement executed between the Contractors and the Corporation and also contained in the
General Conditions of contract attached thereto.
AND WHEREAS the Contractor are bound by law to comply with the provisions of various Labour Laws like Minimum
Wages Act 1948, Equal Remuneration Act 1976, Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act 1979, Contact Labour (Regulation and Abolition) Act 1970, Workmens Compensation Act
1923, Employees State Insurance Act as also the Provident Fund Act providing for Provident Fund Act Scheme for
labourers engaged by the Contractors but amenities and facilities to the workers under the different labour laws, not
only the contractors but also the Corporation as the principal employer becomes liable for the acts of omission and
commissions by the Contractors.
IT IS THEREFORE THE INTENT OF THIS INDEMNITY BOND UNDERTAKING BY THE CONTRACTORS to
indemnify and keep indemnified the Corporation as stated hereinafter.
1.
The Contractor hereby undertake to furnish a certificate with regard to the number of labourers employed by
them in the Corporation in other ordination throughout the country to the Location in-charge of the Corporation
where the work is undertaking by the Contractors.
2.
The Contractors hereby confirm and state that they are duly registered under Contract Labour (Regulation and
Abolition) Act 1979 as amended from time to time and that they undertake to furnish a certified copy of the
requisite License obtained by the Contractors from the competent authority to the corporations representative.
3.
The Contractors hereby undertake to keep proper record of attendance of his labourers and will give
opportunity to the officers of the Corporation to supervise the same and confer upon the Corporations
representative the right to countersign the said register. The Contractors shall provide a copy of pay sheets to
the Location in-charge of the Corporation and also confer the right of wages to the labourers on the spot
whenever required by the Corporation.
4.
The Contractors state that they are fully aware of the provisions of the Provident Fund Act, particularly with
regard to the enrolment of labourers as a member of Provident Fund. The Contractors further confirm that they
are aware of the provisions and that they are obliged to recover Provident Fund contribution from the eligible
labourers engaged by them and after adding their own contribution, remit the same to RPFC. The contractors
state and confirm that are fully aware of their obligation remit the said amounts on account of Provident Fund
to the RPFC within the prescribed period and that they have obtained a separate code number from the
Regional Provident Fund Commissioner which is bearing Sanction No. dated ............... from ..........
RPFC.
Page 5 of 51
5.
The Contractors will afford all opportunities to the Corporation whenever required to verify that the Provident
Fund is actually deducted by the Contractors from the wages of the labourers and the same together with the
Contractors contribution has been duly remitted by the Contractors to the concerned P.F. Commissioners.
The Contractors also undertake to provide photocopy of the receipt issued by the concerned P.F.
Commissioner for having received the P.F. contribution from the Contractors.
6.
In the event the location in-charge of the Corporation is not satisfied about the payment of wages made and
the recovery of P.F. etc. from the labourers employed by the Contractors, the Contractors hereby agree and
authorize the contractors complete all their obligations.
7.
Notwithstanding the provisions contained in clause 6 above, the Corporation hereby undertake and authorize
the Corporation to recover dues payable by the Contractors to the labourers employed by them as also
amounts on account of P.F. contributions (including the Contractors contribution) as also all losses,
damages, costs, charges, expenses, penalties from their bills and other dues including the security amounts.
8.
The Contractors hereby agree, confirm and declare that they have fully complied and will comply with the
provisions of various labour laws, particularly those referred to herein above and that no violation of the
provisions of various amenities and facilities to the workers under different laws has been done by them and in
the events of any past or future violation of the various labour laws, the contractors shall indemnify and keep
the Corporation duly indemnified against all losses, damages, costs, expenses, penalties, suits or proceeding
which the Corporation may incur, suffer or be put to.
9.
The contractors hereby agree that the aforesaid indemnity undertaking are in addition to and not in
substitution of the terms and conditions contained in the tender documents and the work order and also the
Agreement executed by the Contractors with the Corporation.
10.
The Contractors hereby confirm, agree and record that these terms of undertaking and indemnity shall be
irrevocable and unconditional and shall be binding on their heirs, executors, administrators and legal
representatives and shall ensure for the Corporations benefit and for the benefit of its successors and
assigns.
Date :
Yours faithfully,
Contractors Name and Signatures
Witness (1) ..............................................................................................
(Full address) ..............................................................................................
..............................................................................................
Witness (2)
..............................................................................................
(Full address)
..............................................................................................
..............................................................................................
Page 6 of 51
From :
M/S. ......................................................................................................................
Contractors
To,
M/s. INDIAN OIL CORPORATION LIMITED
Sub.:
(1)
(2)
THIS INDEMNITY BOND/ UNDERTAKING executed at .......................... this .......... day of ........................
20.. by Messers ................................................ hereinafter called The Contractors (which expression shall mean
and include, if the context so admits, the partners or partner for the time being of the Firm and their or his respective
heirs, executors and administrations its successors and assigns in law) in favour of INDIAN OIL CORPORATION
LIMITED a Company incorporated under the Company Act I of 1956 and having its Registered Office at INDIAN OIL
BHAVAN, G-9, Ali Yavar Jung Marg. Bandra (East), Bombay 400051, hereinafter called The Corporation (which
expression shall include its successors and assigns in law).
WHEREAS the Corporation , desirous of having executed certain work specified in the work order No. ....................
dated ........... issued by the Corporation on the Contractors: has caused drawings, specifications and bill of quantity
showing and describing the work to be done prepared and the same have been signed by or on behalf of the parties
hereto AND WHEREAS the Contractors have agreed with the Corporation to execute and perform the said work
specified in the said Work Order upon certain terms and conditions provided in the Agreement executed between the
Contractors and the Corporation and also contained in the General Conditions of contract attached thereto.
AND WHEREAS the Contractors are bound by law to comply with the provisions of various Labour Laws like State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979, Contract labour (Regulation
and Abolition) Act 1970, Workmens Compensation Act 1923, Employees State Insurance Act as also the Provident
Fund Act by the Contractors but in the event of violation of the provisions of various amenities and facilities to the
workers under the different labour laws , not only the Contractors but also the Corporation as the principal employer
becomes liable for the acts of omissions and commission by the Contractors.
IT IS THEREFORE THE INTENT OF THIS INDEMNITY BOND UNDERTAKING BY THE
indemnify and keep indemnified the Corporation as stated hereinafter.
CONTRACTORS to
1.
The Contractors hereby undertake to furnish a certificate with regard to the number of labourers employed by
them in Corporation/ in other organization throughout the country to the location in charge of the Corporation
where the work is undertaking by the Contractors.
2.
The Contractors hereby confirm and state that they are duly registered under Contract Labour (Regulation and
Abolition) Act 1970 as amended from time to time and that they undertake to furnish a certified copy of the
requisite License obtained by the Contractors from the competent authority to the Corporations
representative.
3.
The Contractors hereby undertake to keep proper record of attendance of his labourers and will give
opportunity to the officers of the Corporation to supervise the same and confer upon the Corporations
representative the right to countersign the said register if so required by the Corporation. The Contractor shall
provide a copy of the pay sheets to the Location in-charge of the Corporation nominated by the Corporation
for supervision of the payment of wages made to the labourers by the contractors and also confer the right on
the Corporation for supervision of the payment of wages made to the labourers by the contractors and also
confer the right on the Corporation s representative to supervise the payment of wages to the labourers on
the spot whenever required by the Corporation.
Page 7 of 51
4.
The Contractors state that they are fully aware of the provisions of the Provident Fund Act, and the rules made
thereunder. The Contractors hereby confirm that the said act and the rules made thereunder are not
applicable to them since they have not employed labourers exceeding ______ at any time and that the
labourers so far employed were also not on continuous basis. The contractors further confirm in this regard
that no worker employed by them is in service for circumstances none of the workers employed by them is
eligible for P.F. benefits under the said Act. The Contractors therefore state that they are exempted from the
purview of the said ACT and the rules made thereunder an they are therefore not required to obtain a
separate code No. from the R.P.F.C.
5.
The Contractors hereby undertake and agree that in event of any claim on account of P.F. liabilities arising in
future, they shall keep the Corporation duly indemnified against all losses, damages, charges, expenses,
penalties, suits or proceedings which the Corporation may incur, suffer or be put to on that account.
6.
The Contractor hereby agree, confirm and declare that they have fully complied and will comply with the
provisions of various labour laws, particularly those referred to herein above and that no violation of the
provisions of various amenities and facilities to the workers under different laws has been done by them and in
the events of any past or future violation of the various labour laws the contractors shall indemnify and keep
the Corporation duly indemnified against all losses, damages, costs, expenses, penalties, suits or proceeding
which the Corporation may incur, suffer or be put to.
7.
The Contractor hereby agree that the aforesaid indemnity undertaking are in addition to and not in substitution
of the terms and conditions contained in the tender documents and the work order and also the Agreement
executed by the Contractors with the Corporation.
8.
The Contractors hereby confirm, agree and record that these terms of undertaking and indemnity shall be
irrevocable and unconditional and shall be binding on their heirs, executors, administrators and legal
representatives and shall ensure for the Corporations benefit and for the benefit of its successors and
assigns.
9.
That all questions, issues, disputes and differences between the contractor and the Corporation arising under
this indemnity bond/undertaking shall be referred to arbitration in the same manner as indicated in the contract
dt ________ executed between the contractors and the Corporation.
Date :
Yours faithfully.,
Contractors Name and Signatures
Witness (1)
(Full address)
Witness (2)
(Full address)
...........................................
...........................................
...........................................
...........................................
..........................................
...........................................
Page 8 of 51
We shall
a.
Deploy trained and competent employees who are physically fit and are not suffering from
any chronic or contagious diseases.
b.
Be responsible for and arrange and bear costs of such equipment, cleaning materials,
uniforms and other paraphernalia necessary to render effectively the service required by
the Corporation.
c.
Be responsible and liable for payment of salaries, wages and other legal dues of our
employees for the purpose of rendering the services required by the Corporation under the
above contract and shall maintain proper books of account, records and documents. We
shall however as the employer, have the exclusive right to terminate the services of any of
our employees and to substitute any person instead.
d.
Comply in all respects with the provisions of all statues, rules and regulations applicable to
us and/ or to our employees and in particular we shall obtain the requisite license under the
Contract Labour (Regulation and abolition) Act 1970 and the rules made thereunder.
e.
Ensure that our employees while on the premises of the Corporation or while carrying out
their obligations under the contract, observe the standards of cleanliness, decorum, safety
and general discipline laid down by the Corporation or its authorized agents and the
Corporation shall be the sole judge as to whether or not we and/or our employees have
observed the same.
f.
g.
Ensure that our employees will not enter or remain on the Corporations premises unless
absolutely necessary for fulfilling our obligations under the contact.
h.
Not do or suffer to be done in or about the premises of the premises of the Corporation
anything whatsoever which in the opinion of the Corporation may be or become a nuisance
or annoyance or danger or which may adversely affect the property, reputation or interest
of the Corporation.
i.
Not do so suffer to be done in or about the premises of the Corporation any thing whereby
any policy of insurance taken out by the Corporation against loss or damage by fire or
otherwise may become void or voidable.
j.
Be liable for and make good any damage caused to the Corporations properties or
premises or any part thereof or to any fixtures or fittings thereof or therein by any act,
omission, default or negligence on our part or on the part of our employees or our agents.
k.
Indemnify and keep indemnified the Corporation, its officers and employees from and
against all claims, demands, actions, suits and proceedings, whatsoever that may be
brought or made against the Corporation by or on behalf of any person, body, authority and
whatsoever and all duties, penalties, levies, taxes, losses, damages, costs, charges and
expenses and all other liabilities of whatsoever nature which the Corporation may now or
hereinafter be liable to pay, incur or sustain by virtue of or as a result of the performance or
non-performance or observance or non-observance by us of the terms and conditions of
the contract. Without prejudice to the Corporations other rights, the Corporation will be
entitled to deduct from any compensation or other dues to us, the amount payable by the
Corporation as a consequence of any such claims, demands, costs, responsible for death,
Page 9 of 51
injury or accidents to our employees which may arise out of or in the course of their duties
on or about the Corporations property is made liable to pay any damages or compensation
in respect of such employees, we hereby agree to pay to Corporation such damages or
compensation upon demand. The Corporation shall also not be responsible or liable for
any theft, loss, damages or destruction of any property that belongs to us or our employees
lying in the Corporations premises from any cause whatsoever.
2.
3.
4.
5.
It is hereby declared that we are, for the purpose of this contract independent contractors and all
persons employed or engaged by us in connection with our obligations under the contract shall be
our employees and not of the Corporation.
On the expiration of the contract or any earlier termination thereof, we shall
forthwith remove our employees who are on the Corporations premises or any part thereof failing
which, our employees, agents, servants etc. shall be deemed to be trespassers and on their failure
to leave the Corporations premises, the Corporation shall be entitled to remove all persons
concerned (if necessary by use of force) from the Corporations premises and also to prevent them
(if necessary by use of force) from entering upon the Corporations premises.
We hereby undertake and declare that, in the event the workmen/employees/person engaged by
us (the Contractors employees) to carry out the purpose hereof, attempt to claim employment
with the Corporation or attempt to be declared as employees of the Corporation or attempt to
become so placed, then in all such cases, we shall assist the Corporation in defending all such
attempts of the Contractors employees AND we shall bear and pay solely and absolutely all costs,
charges and expenses including legal charges incurred or which may be incurred in defending all
such attempt and in any appeal or appeals filed by the Corporation therein or relating thereto AND
we hereby indemnify for ever the Corporation against all such costs, charges and expenses
including legal charges and against all and any loss, expenses or damages, whether recurring or
not, financial or otherwise, caused to or incurred by the Corporation, as a result of such attempt by
the Contractors employees.
It is hereby agreed that the Corporation shall be entitled to set off any debt or sum payable by us
either directly or as a result of vicarious liability to the Corporation against any monies payable or
due from the Corporation to us against any monies lying or remaining with the Corporation and
belonging to us or any our partners or directors.
To be witnessed by Notary.
Page 10 of 51
Page 11 of 51
VALID UPTO:_____________
To,
INDIAN OIL CORPORATION LIMITED
(Marketing Division)
_______________________________
Dear Sirs,
In consideration of Indian Oil Corporation Limited (Marketing Division) (hereinafter called the
Corporation which expression shall include its successors and assigns), having awarded certain
work for and relative to __________________(Name of the Project/Work) to
_________________________ (Name and address of the Contractor) (hereinafter called the
Contractor which expression shall include its successors and assigns), upon certain terms and
conditions inter-alia mentioned in the Corporations Letter of Acceptance No.
_____________________ ______ dated _________________read with the relative Tender
Documents (hereinafter collectively called the Contract, which expression shall include any
formal contract entered into between the Corporation and the Contractor in supersession of
the said Letter of Acceptance and all amendments and/or modifications in the contract)
inclusive of the condition that the Corporation may accept a Bank Guarantee/Undertaking of a
Scheduled Bank in India in lieu of Cash Deposit of the Initial Security Deposit as provided for in
General Conditions of Contract forming part of the said Tender Documents:
We __________________________ (Name of the Bank), a body registered/constituted
________ under the ___________________ Act, having our Registered Office/Head Office
at:_____________________ (hereinafter called the Bank which expression shall include
its successors and assigns), at the request of the Contractor and with the intent to bind the
Bank and its successors and assigns, do hereby unconditionally and irrevocably undertake
to pay to the Corporation at Mumbai forthwith on first demand without protest or demur or
proof or satisfaction and without reference to this guarantee upto an aggregate limit of
Rs.______ (Rupees _______________ only).
AND the Bank doth hereby further agrees as follows:i.
This Guarantee/Undertaking shall be a-continuing guarantee and shall remain valid and
irrevocable for all claims of the Corporation upon the Bank made up to the midnight of
______________ provided that the Bank shall upon the written request of the
Corporation made upon the Bank at any time within 6 (six) months from the said date
extend the validity of the Bank Guarantee by a further 6 (six) months so as to enable
Page 12 of 51
claims to be made under this Guarantee by a further 6 (six) months from the said date
with the intent that the validity of this Guarantee shall automatically stand extended by
a further 6 (six) months upon such request by the Corporation.
ii.
The Corporation shall have the fullest liberty without reference to the Bank and without
affecting in any way the liability of the Bank under this Guarantee/undertaking at any
time and/or from time to time to amend or vary the Contract and/or any of the terms
and conditions thereof or relative to the said initial Security Deposit or to extend time
for performance of the said Contract in whole or part or to postpone for any time
and/or from time to time any of the obligations of the Contractor and/or the powers or
remedies exercisable by the Corporation against the Contractor and either to enforce or
forbear from enforcing any of the terms and conditions of or governing the said Contract
or the said Initial Security Deposit or the securities available to the Corporation or any
of them and the Bank shall not be released from its liability under these presents and
the liability of the Bank hereunder shall remain in full force and effect notwithstanding
any exercise by the Corporation of the liberty with reference to any or all the matters
aforesaid or by reason of time being given to the Contractor or any other forbearance,
act or omission on the part of the Contractor or of any indulgence by the Corporation to
the Contractors or of any other act, matter or thing whatsoever which under the law
relating to sureties or otherwise which could but for the provision have the effect of
releasing the Bank from its liability hereunder or any part thereof and the Bank hereby
specifically waives any and all contrary rights whatsoever.
iii)
The obligations of the Bank to the Corporation hereunder shall be as principal to principal
and shall be wholly independent of the contract and it shall not be necessary for the
Corporation to proceed against the Contractor before proceeding against the Bank and
the Guarantee/Undertaking herein contained shall be enforceable against the Bank
notwithstanding the existence of any other Guarantee/undertaking or security for any
indebtedness of the Contractor to the Corporation (including relative to the said
Security Deposit) and notwithstanding that any such undertaking or security shall at the
time when claim is made against the Bank or proceedings taken against the Bank
hereunder, be outstanding or unrealised.
iv)
The amount stated by the Corporation in any demand, claim or notice made with
reference to this guarantee shall as between the Bank and the Corporation for the
purpose of these presents be conclusive of the amount payable by the Bank to the
Corporation hereunder.
v)
The liability of the Bank to the Corporation under this Guarantee/undertaking shall
remain in full force and effect notwithstanding the existence of any difference or
dispute between the Contractor and the Corporation, the Contractor and the Bank
and/or the Bank and the Corporation or otherwise howsoever touching or affecting
these presents for the liability of the Contractor to the Corporation, and
notwithstanding the existence of any instructions or purported instructions by the
Contractor or any other person to the Bank not to pay or for any cause withhold or defer
payment to the Corporation under these presents, with the intent that notwithstanding
the existence of such difference, dispute or instruction, the Bank shall be and remain
liable to make payment to the Corporation in terms hereof.
Page 13 of 51
vi)
The Bank shall not revoke this undertaking during its currency except with the previous
consent of the Corporation in writing and also agrees that any change in the constitution
of the Contractor or the Bank or the Corporation shall not discharge the Banks liability
hereunder.
vii)
viii)
ix)
The Banks liability under this guarantee/undertaking shall not exceed (Amount
in figures & words):
(b)
(c)
The Bank shall be released and discharged from all liability under this
guarantee/undertaking unless a written claim or demand is issued to the Bank on
or before __________ or the date of expiry of any extension(s) thereof if this
guarantee/undertaking has been extended.
The Bank doth hereby declare that Shri (Name of the person signing on behalf of the
Bank) who is _______________ (his designation), is authorised to sign this undertaking
on behalf of the Bank and to bind the Bank hereby.
Dated this ________ day of _____ 200
Yours faithfully,
Signature:
Name & Designation:______________
Name of the Branch:_______________
Page 14 of 51
3.
5.
7.
9.
11.
Shri B Ashok
Chairman
Indian Oil Corporation Limited,
Corporate Office,
Plot 3079/3
Sadiq Nagar, JB Tito Marg
New Delhi-110049
Shri Debasis Sen
Director (P & BD)
Indian Oil Corporation Limited,
Indian Oil Bhawan
No.1, Sri Aurobindo Marg
Yusuf Sarai
New Delhi - 110016
Shri Cherian Verghese
Director (Human Resource)
Indian Oil Corporation Limited,
Corporate Office,
Plot 3079/3
Sadiq Nagar, JB Tito Marg
New Delhi-110049
Shri B.S. Canth
Director (Marketing)
Indian Oil Corporation Limited,
(Marketing Division)
Indian Oil Bhawan
G-9, Ali Yavar Jung Marg
Bandra(East)
Mumbai- 400 051
Shri Ashutosh Jindal
Joint Sectretary (M)
Ministry of Petroleum & Natural Gas
Shastri Bhawan,
New Delhi-110001
2.
12
4.
6.
8.
10
Page 15 of 51
Schedule of Rates
Enclosed separately