ANNEXURE-I

Instructions to Bidders

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 INDEX
Sl. No. Description
1.0 Introduction
2.0 Cost of Bidding
3.0 Joint Venture/Consortium Bids
4.0 Assurance
5.0 Site Visit, Local Conditions etc.
Bidding Document
6.0 Contents of Bidding Documents
7.0 Clarification of Bidding Documents
8.0 Amendment / Addendum of Bidding Documents
9.0 Language of Bid
10.0 Bidding System
11.0 Information/Documents Required in the Bid
11.1 Un-priced Techno-contractual Bid
11.2 Priced Commercial Bid
12.0 Prices
13.0 Bid Currencies
14.0 Experience/Capability of the Bidder
15.0 Opportunity to Indian Vendors
16.0 Bid Validity
17.0 Bid Security
Submission of Bids
18.0 Formats and Signing of Bids
19.0 Deadline for Submission of Bids
20.0 Late Bids
21.0 Modification and Withdrawal of Bids
Bid Opening and Evaluation
22.0 Opening of Bid by Company
23.0 Evaluation
24.0 Contacting the Company
25.0 Company's Right to Accept any Bid and to Reject any or all Bids
26.0 Notification of Award
27.0 Signing of the Contract
28.0 Performance Guarantee
29.0 Employment of Officials/Ex-officials of Company
30.0 Contracts with relatives of Directors of ONGC
31.0 Representation from bidders
32.0 Unsolicited Communication
33.0 Certificate on submission of techno-contractual compliant bid without any
deviation to terms and conditions of Bidding Documents
34.0 Third Party Inspection Agency
35.0 Integrity Pact.

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36.0 Terminology in SRM
37.0 ONGC Policy on climate change & sustainability
38.0 Submission of Forged Documents
39.0 GST Legislations
40.0 Purchase preference policy (linked with Local Content) (PP - LC)- Amended
vide letter No. FP-20013/2/2017-FP-PNG dated 17.11.2020 of MoPNG
41.0 Fraud Prevention Policy of ONGC.
42.0 GUIDELINES FOR ELIGIBILITY OF A “BIDDER FROM A COUNTRY WHICH SHARES A
LAND BORDER WITH INDIA”

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1.0 INTRODUCTION
1.1 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 one of its office at P4 Group, Materials Management Dept. located at ONGC
Building, Ankleshwar, Dist. Bharuch, Gujarat, Pin -393010. (India) hereinafter called the
Company, is engaged in developing its new and existing Onshore fields located in the State of
Gujarat, India.
The details of the facilities and works which the Company requires to set up in the present
instance and for which bids are hereby invited, are described in Clause 2.0 of General Conditions
of Contract and Annexure-IV of the Bidding Document.
1.2 Scope of Work:
Please refer Technical Bid Package (TBP) at Annexure-IV of the Bidding Documents.
In general the above scope of the project is to be executed on Lump Sum Turnkey (LSTK) and
EPCC (Engineering, Procurement, Construction & Commissioning) Package basis as per Technical
Bid Package (TBP) at Annexure-IV of the Bidding Documents.
1.3 The facilities shall be completed in a manner so as to require minimum time for modifications
at existing facilities for hook up, testing, pre-commissioning and commissioning (wherever
applicable as detailed in bidding document). The completion of the facilities is scheduled as
per Clause 1.4. of ITB. Bidder is encouraged to quote for an earlier date of completion.
The design information, specification and drawings indicate the "Minimum" requirements and
are intended to enable Bidders to ascertain the magnitude of the works. Bidders are expected
to supplement the information included in the Bidding Documents as required and submit a
comprehensive bid.
Bidders offering design other than that indicated in bidding documents, are required to submit
along with Un-priced techno-contractual bids the conceptual design approval from the
certification agency based on design parameters provided in the bidding documents.
Changes and additions required to make Contractor's selected materials including equipment,
fabrication and erection and procedures to meet the Bidding Documents requirements and to
make entire pipeline facilities safe, operable and as per specified Codes and Standards shall
be done at no extra cost or time effect to the Company. In the event of any revision in the
Codes and Standards, which become effective after the date of submission of Techno-
Contractual bids or revised Techno-Contractual bids, the cost effect shall be borne by the
Company subject to such change(s) being effected with prior approval of the Company.
Any addition carried out by the Bidders over what has been shown in the drawings and the
specifications to meet the operational safety and to meet the intent of Bidding documents and
conceptual design shall also be carried out at no extra cost and time effect to the Company.
1.4 Completion

All the works mentioned in this tender document shall be completed / executed within 245
days from the date of LOA excluding O & M period of 10 years.
Bidder shall develop a detailed project schedule to accomplish above completion date /
schedule and submit it along-with his offer.

2.0 COST OF BIDDING

2.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the
ONGC will in no case be responsible or liable for those costs, regardless of the conduct or outcome
of the bidding process.
2.2 Deleted
2.3 Deleted

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2.4 TRANSFER OF BIDDING DOCUMENT
The Bidding document is not transferable.

3.0 Joint venture bids:-

(a) In view of the complexity of nature of work involved as covered by the Bidding Documents, it is
anticipated that some of the intending bidders may pool their resources and experiences to form
Joint Ventures. In their own interest, the bidders are advised to investigate the capabilities,
availability of expertise and resources such as construction equipment, experienced personnel,
financial soundness, past experience and concurrent engagements of constituting partners/joint
venture.
(b) In the event that the successful bidders is a joint venture formed of two or more companies, the
Company requires that the parties to the joint venture accept joint and several liability for
discharging all obligations under the Contract.
(c) Documents/details pertaining to qualification of bidder as per proforma of document attached
with the bidding documents must be furnished by each partner/joint venture complete in all
respects along with the bid clearly bringing up their experience especially in the form of work in
their scope.
4.0 Assurance
The successful bidder will be required to give satisfactory assurance of its ability and intention
to supply the Goods and Services pursuant to the Contract, within the time set forth therein.
5.0 Site Visit, Local Conditions etc.
5.1 Site Visit

5.1.1 The Bidder is advised to visit and examine the site of Works and its surroundings and obtain for
himself on his own responsibility all information that may be necessary for preparing the bid and
entering into a Contract. The costs of visiting the Site shall be borne by the Bidders.
5.1.2 The Bidder and any of his personnel or agents will be granted permission by the Company to enter
upon its premises and lands for the purpose of such inspection, but only upon the express
condition that the Bidder, his personnel or agents, will relieve and indemnify the Company and
his personnel and agents from and against all liability in respect thereof and will be responsible
for personal injury (whether fatal or otherwise), loss of or damage to property and any other
loss, damage, costs and expenses however caused, which, but for the exercise of such permission
would not have arisen.
5.1.3 Failure to visit the Site or failure to study the Bidding Documents will in no way relieve the
successful bidder from furnishing any material or performing any work in accordance with the
Bidding Documents, as a lump-sum turnkey contract.
5.2 Local Conditions
5.2.1 It will be imperative for each bidder to fully inform himself of all local conditions and factors
which may have any effect on the execution of the Contract as described in the Bidding
Documents. In their own interest, the foreign bidders are particularly requested to familiarize
themselves with the Income Tax Act 1961; the Insurance Act, 1938; the Companies Act, 2013;
the Customs Act, 1962 including any amendments thereof and other related Acts and Laws
prevalent in India. The Company shall not entertain any request for clarification from the bidder,
regarding such local conditions.
It is the responsibility of the bidder that such factors have properly been investigated and
considered while submitting the bid proposals and that no claim whatsoever including those for
financial adjustment to the Contract awarded under the Bidding Documents will be entertained
by the Company and that neither any change in the time schedule of the Contract nor any
financial adjustments arising thereof shall be permitted by the Company on account of failure of
the bidder to appraise himself of local laws/ conditions.

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6.0 CONTENT OF BIDDING DOCUMENTS
6.1 The set of Bidding Documents issued for the purpose of bidding includes the following Annexures
in addition to Invitation for Bids, together with any amendment/ addendum thereto issued in
accordance with Clause 8.0 of Annexure-I.
This Bidding Documents consist of EIGHT separate annexures as follows:
Annexure I : Instructions to Bidders
Annexure II: General Conditions of Contract
Annexure III : Appendices
Annexure IV : Technical Bid Package (Scope of Work)
Annexure-V : Bid Evaluation Criteria and Bid Matrix
Annexure-VI : Bidder’s Response Sheet and Price Format.
Annexure-VII: Integrity Pact
6.2 The bidder is expected to examine the Bidding Documents, including all instructions, forms,
terms, specifications and drawings. Failure to furnish all information required by the Bidding
Documents or submission of a Bid not substantially responsive to the Bidding Documents in every
respect will result in the rejection of the Bid.

7.0 Clarifications of Bidding Documents

7.1 Prospective bidders requiring clarifications in respect of the Bidding documents may notify the
Company, through e-procurement portal, latest by 13.04.2021, so that same can be taken up during
the scheduled Pre-Bid Conference on 19.04.2021.
Bidders are requested to upload the clarifications /queries to the bidding document in MS Word
format in the Pre bid area of the e-procurement portal. Bidders are required to create their bid
before uploading the queries.
Bidders to note that, no further queries in respect of the bidding documents shall
be entertained subsequent to Pre-bid conference.
7.2 The pre-bid queries shall be restricted to Technical specifications, scope of work, Technical BEC,
special conditions of contract and mobilization/ delivery/ completion period only and that no queries
whatsoever shall be entertained on provisions of GCC (Annexure-II) and other standard provisions/
proforma/ format of the tender document.
7.3 After pre-bid conference, the specifications & other tender conditions will be frozen. No change in
specifications and tender conditions will be permissible after bid opening. All the bidders must ensure
that their bid is complete in all respects and conforms to tender terms and conditions, BEC and the
tender specifications in toto failing which their bids are liable to be rejected without seeking any
clarifications on any exception/deviation taken by the bidder in their bid.

7.4 The bidders meeting following requirement shall only be considered for attending the pre-bid
conference.

a. The bidders who are in the business of providing similar Services/Goods as per tender requirement
only shall be allowed to participate in Pre-Bid conference.

Accordingly, an undertaking in the prescribed format as per Appendix-PBC shall be submitted by the
bidder alongwith Pre Bid queries within prescribed date. Failing which the bidder shall not be allowed
to attend pre-bid conference.

b. Bidders should depute their employees (preferably) who are competent to present their queries in
the Pre-Bid Conference.

c. Only those bidders who have submitted queries within prescribed date shall be allowed to attend
PBC.

d. While submitting Pre Bid queries, bidder(s) shall be required to provide details (Name, Designation,
mobile no. etc.) of its representative, who will attend PBC and those person(s) only will be permitted
to attend the pre-bid conference.

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 The maximum number of persons that would be permitted per bidder for
participation in pre-bid conference shall be Two (02).
7.5 Post bid conference
In order to avoid delay in processing of tenders ONGC shall hold post bid conference with the interest
bidders.
For holding Post Bid conference following process shall be followed:
i) Clarifications / confirmations / deficient documents required, if any, from bidders shall be
conveyed to the bidders.
ii) To address bidders doubts, if any, only on the clarifications / confirmations / deficient documents
being sought, a post bid conference shall be held by ONGC with bidders who seek to have the
meeting on one to one basis. Interested bidders may attend the same. No issues other than the
listed queries pertaining to clarifications / confirmations / deficient documents sought by ONGC
shall be discussed in post bid conference.
iii) In case bidder chooses not to seek/request for a post bid meeting, it will be noted by ONGC that
such bidder(s) has well understood the query of ONGC.
iv) Accordingly, in case bidder has completely understood the queries and they have no doubts, they
may submit their replies within the date specified for submission of clarifications.
v) Bidders who attend the post bid conference shall provide the following undertaking immediately
on conclusion of the post-bid conference:
“This is to confirm that we ….. (name of the bidder) have attended the post bid conference on …
and have fully understood the queries of ONGC issued vide their Letter No. … Dated….”
(v) Bidders shall depute their competent employee(s) /authorised representative(s) for the Post-Bid
Conference.
(vi) Only those bidders from whom clarifications are being sought shall be eligible for post bid
conference.
(vii) Bidder(s) shall be required to provide details (Name, Designation/status, mobile no. etc) of its
employee/(s)/authorised representative(s), who will attend Post Bid Conference and those
person(s) only will be permitted to attend the post-bid conference.

8.0 Amendment / Addendum of Bidding Documents

8.1 At any time prior to the deadline for submission of bids, the Company may, for any reason,
whether in its own initiative or in response to clarification(s) request by prospective bidder(s),
modify the Bidding Documents through amendment(s)/addendum.
8.2 The amendment/addendum shall be part of the Bidding Documents pursuant to Clause 6.1 above
and will be notified through ONGC’s e-procurement portal to all prospective bidders who have
received the Bidding Documents and will be binding on them. Bidders will be required to view
and download any such amendment / addendum to the Bidding Documents.
8.3 In order to allow prospective bidders reasonable time, in which to take the
amendments/addendum into account for preparing their bids, the company may allow reasonable
time to bidders for submission of bids after issuance of such amendment / addendum.
PREPARATION OF BIDS
9.0 LANGUAGE OF BID
9.1 The bid prepared by the bidder and all correspondence and documents relating to the bid
exchanged by the Bidder and the ONGC shall be written in English language. Supporting
documents and printed literature furnished by the Bidder may be in another language provided
they are accompanied by an accurate translation of the relevant passages in English, duly
authenticated by local chamber of Commerce of bidder’s country, in which case, for purposes of
interpretation of the bid, the translation shall prevail.
However, ONGC may also get the documents translated on its own to rule out the irregularities
in translated version submitted by the bidder.
Any misrepresentation with the translation identified at a later stage may lead to cancellation of
the bid and forfeiture of bid security, banning under Integrity Pact and any other action under
the Tender/Contract and Law.

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10.0 Bidding System
10.1 Two Bid System shall be followed as described in this Clause. The bids can only be submitted only
in the name of the Bidder or a Joint Venture led by the bidder in whose name the Bidding
Documents were issued by Company. The tender papers, duly filled in and complete in all
respects shall be submitted together with requisite information and Appendices / Annexures. It
shall be complete and free from ambiguity, change or interlineations.
10.2.1 The original Bidding Documents as received by the bidder along-with bidder's tender as prepared
by the bidder in original and all other required appendices as given in Clause 11.0 of ITB –
Annexure-I, such as power of attorney of the signatory to the tender, descriptive literature and
any other information required to be furnished by the bidder shall be construed to constitute the
Tender Document.
10.2.2 The prices shall be quoted by the bidder as per Price Format. The prices quoted in the online
format of ONGC’s e-procurement engine under line item shall not be given any cognizance.
Un-priced Techno-Commercial Bid shall be submitted in the prescribed bid proforma as per
Annexure-VI Response Sheet. The above appendices shall be duly filled in without any alteration
to ONGC’s proforma, and need to be submitted along with the Un-priced bid. Any other
supporting documents need to be scanned and submitted. The above appendices and all other
techno-commercial documents other than price details to be submitted with un-priced bid as per
tender requirement should be placed in the un-priced bid folder.
The bid and all attached documents should be digitally signed using Class-3 digital signature
issued by an acceptable Certifying Authority (CA) as per Indian IT Act 2000 (as amended from
time to time) before bid is uploaded. If any modifications are made to a document after attaching
digital signature, the digital signature shall again be attached to such documents before
uploading the same.
The authenticity of above digital signature shall be verified through authorized Certifying
Authority (CA) after bid opening and in case the digital signature is not authorized the bid will
be rejected.
Bidder is responsible for ensuring the validity of digital signature and its proper usage by their
employees.
10.3 The Tender documents and Amendments are available for viewing and downloading from the e-
procurement portal of ONGC. Bid along with all appendices and supporting documents should
be submitted in e-form in ONGC’s e-bidding portal under Two-bid system as follows:
Part-I Un-Priced Techno-Commercial Bid:
To be submitted in the Document area in C-Folder. The Un-Priced bid must be complete with all
Technical details along with all appendices and copies of required documents duly filled and signed
with seal. The Techno-Commercial Bid shall contain all details without indicating prices. However, a
suitable response shall be selected of the given options against each item of the Un-Priced Price
Format at Annexure-VI (Bidder’s Response Sheet) to indicate that there is a quote against that item
in the Price bid.
Documents must be submitted in respective sub-folders available in e-tender portal.
The following documents shall be uploaded with the techno-commercial bid.
i) Bid securing declaration (on bidders letter head as per Appendix A-15)
ii) Scanned copy of original of “Power of Attorney” or authorization, or any other document consisting
of adequate proof of the ability of the signatory to bind the bidder when the power of attorney is a
special “Power of Attorney” relating to the specific tender of ONGC only, shall be uploaded with
techno-commercial bid.

Scanned copy of the notarized true copy of the “Power of Attorney” uploaded with the techno-
commercial bid shall also be accepted, if the power of attorney is a general “Power of Attorney”.
However, ONGC reserves right to seek original Power of Attorney (when the power of attorney is
a special “Power of Attorney “ relating to the specific tender of ONGC only) / notarized true
copy (when Power of Attorney is a general Power of Attorney) at any time during the processing
of tender and execution of contract.

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 iii) Scanned copy of Integrity Pact duly signed on all the pages by the same signatory who is duly
authorized to sign the bid digitally shall be uploaded with techno-commercial bid.
iv) Scanned Copies of MOU’s, Agreements, Deed of Guarantee etc. as required to be submitted
along with the bid in terms of various tender provisions.
v) ONGC reserves right to seek in physical form original/notarized true copy of any document
uploaded in digital form, at any time during the processing of tender and execution of contract.

Part-II Priced Bid:

To be submitted as attachments under ‘Notes and Price Bid Attachments’. The Price bid shall
contain only the prices, without any condition whatsoever. All the documents uploaded shall be
digitally signed by the authorized signatory of the bidder only.
The price bids submitted in physical form against e-procurement tender shall not be given any
cognizance.
Offers with Techno-Commercial bid indicating prices at any stage before opening of Price-bid
shall be rejected outright.
Note: The password protected e-bids (Techno-commercial / Price bids), which require the
password to open the file, will not be considered.
10.4 Bidders are requested to use the formats given as Appendices in Annexure-III.
10.5 The proposal form incorporating the Schedule of prices is enclosed as Appendix A-2.
For filling the Price Format the bidder should follow the instructions given therein.
10.6 Company will not be responsible for the loss of the tender form or for the delay in postal transit
for submission of Physical document against the tender.
10.7 Bidder shall digitally sign each document before uploading. The digital signature used for signing
the bid should be held by an authorized signatory of the bidder's organization.
The file(s) should not be zipped in a folder and then digitally signed.
10.8 Bidders shall clearly indicate their legal constitution and the person digitally signing the tender
shall state his capacity and also the source of his authority to bind the bidder. The copy of power
of attorney or authorization or any other document constituting adequate proof of the authority
of the signatory to bind the bidder shall be annexed with un-priced bid folder. The Company may
reject outright any tender unsupported by adequate proof of the signatory's authority.
10.9 Company reserves the right to seek the revised/adjusted price offer (if any) to the extent and in
areas required for evaluation only of such bidder(s) whose technical proposals are acceptable
and complete. Company's decision in this regard shall be final and binding on the bidders.

10.10 CONCESSIONS/EXEMPTIONS PERMISSIBLE UNDER STATUTES

(a) Bidder, while quoting against this tender, must take cognizance of all concessions permissible
under the statutes including the benefit under GST legislations, failing which it will have to bear
extra cost where bidder does not avail exemptions/concessional rate of GST. ONGC will not take
responsibility towards this. However, wherever required and applicable, ONGC shall provide the
necessary documents as required under the notification (s) for the bidders to obtain such
concessions.
Bidders must also consider benefits of input tax credit under the GST legislations, as amended
from time to time on Input goods/Capital goods / Input Services, while quoting the prices.

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

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

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

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

(c) GST Liability on Supply of Services:

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

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

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

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

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

The Service Provider (other than the Service Providers supplying services from outside India and
not required to be Registered under GST Law) should have a valid registration Certificate under
GST legislation and a copy of such registration certificate should be submitted along with the
offer.

10.11 CONCESSIONS/EXEMPTIONS OF CUSTOMS DUTY

The scope of work under this tender is as described in clause 1.2 above.
In terms of Sl No 404 of Customs notification No. 50/2017-Customs dated 30.06.2017, the goods
specified in list 33 imported in connection with Petroleum operations will attract 5% Customs
Duty (BCD Nil & IGST @5%), for which, ONGC is eligible for its nominated blocks or NELP/other
eligible blocks. Hence, ONGC will issue recommendatory letter as per Government guidelines for
issuance of Essentiality Certificate from Director General of Hydrocarbon (DGH), Ministry of P&NG
so as to enable the contractor to import goods against concessional rate of Custom Duty provided
these are specified in the list 33 of said Customs notification.

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

Notwithstanding what is stated above, the bidders should also consider the position in regard
to import of goods as specified in list No. 33 of above notification against concessional rate
of 5% Customs Duty. ONGC is not liable in whatsoever manner, for the rejection of their
claims for concessional rate of 5%Customs Duty by any of the authorities including the DGH.
The bidder while quoting would need to consider the duty drawback as per notification No.
23/2008 dated 01.03.2008 available to them upon re-export of the equipment, if any. The bidder

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 should also note that input tax credit would also be available to them on the IGST paid by them
excluding duty drawback and this aspect should also be considered by them while quoting their
rates.
Similarly, such specified goods required for petroleum operations if procured from domestic
sources would attract 5% concessional GST (IGST or CGST & SGST/UTGST) as per notification
no. 3/2017 dtd. 28.06.2017 against issuance of EC by DGH for which ONGC shall issue the
recommendatory letter.
Note: The recommendatory letter will be given only for those items which are either consumed
during the execution of work or for those equipment/tools which are undertaken to be re-
exported by the bidder. The recommendatory letter will not be issued when the bidder imports
the equipment/tools on acquisition basis and does not undertake to re-export the same after the
completion of the contract.

10.12 Personal Tax

Bidder must agree to bear all Personal taxes as may be imposed on his employees and the
employees of his sub-Contractors, Vendors, back-up Consultants etc., on account of their
association with or for performance of works in India.
10.13 Corporate Tax

10.13.1 Indian bidders must agree to bear Corporate tax which may be levied on the Contractor, Joint
Venture partner(s), sub-Contractors, back-up Consultants etc.

10.13.2 Foreign Bidders must agree to bear Corporate tax, which may be levied on the Contractor,
their Joint Venture partners, sub-Contractors, Vendors, Agents / Consultants / Retainers etc.

10.13.3 In case of foreign bidder, Corporate tax will be deducted at source from each invoice as per
instructions/orders of Government of India, Indian Income Tax Authority. The Contractor and/or
his sub-Contractors etc. shall comply with the provisions of Indian Income Tax Act as applicable
from time to time.

10.13.4 Particulars to be furnished by foreign bidders (non-residents as per Income Tax Act, 1961):
Not Applicable

10.13.5 Particulars required before releasing payments to foreign CONTRACTOR (non-resident as per
Income Tax Act, 1961): Not Applicable.
10.14 Goods and Service Tax (GST):
Bidder must agree to bear all taxes as may be imposed on Contractor or his sub-Contractors,
Vendors, etc.
10.15 Advice to bidders for avoiding rejection of their offers:
ONGC has to finalize its purchase within a limited time schedule. Therefore, it may not be
feasible for ONGC to seek clarifications in respect of incomplete offers.
Prospective bidders are advised to ensure that their bids are complete in all respects and conform
to ONGC’s terms, conditions and bid evaluation criteria of the tender, for avoiding rejection of
their offers.
10.16 Submission of ‘Bid Matrix’ duly filled-in, to re-confirm compliance with tender requirements:
Bidders should submit the ‘Bid Matrix’ (as enclosed with the bid document) duly filled-in, so as
to re-confirm compliance with each of the requirements of BEC and other important conditions
of the tender. Each such confirmation should be clearly stated in the ‘Bid Matrix’ indicating
“Confirmed” or “Not Confirmed”, as applicable. Further, against each such confirmation, bidders
should also indicate the reference/location (page No. / Annexure etc.) of the respective
detail(s)/document(s) enclosed in the bid, so as to easily locate the same in bid document.
Bidders are advised to ensure submission of the ‘Bid Matrix’, duly filled-in as per above
requirements, for avoiding rejection of their offers.

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10.17 Clarification of Bids: During evaluation of bids, ONGC may at its discretion ask the bidder for
clarifications/confirmations/deficient documents of its bid. The request for clarification and the
response shall be in writing and no change in the price of substance of the bid shall be sought or
permitted.

11.0 Information/Documents Required in the Bid

Bidder shall include the following information/documents in his tender:
11.1 Un-priced Techno-contractual Bid
a) Bid Letter in the format provided in Appendix A-1 along with Un-priced Techno-contractual
proposal.
b) An overall project schedule, including equipment deployment, using critical path type
scheduling. The bidder shall fill in all the project key dates for all activities as shown in Appendix
A-4.
c) Technical information as required in Appendix A-9.
d) Check list at Appendix-A-14, duly filled in.
e) Specific compliance status of Bid Evaluation Criteria (BEC) specified at Annexure-V. Bidder shall
fill up and sign the evaluation matrix/ check list placed at Appendix A-9/Appendix A-14 and
indicate the cross reference where supporting documents have been attached in their Bid. (Please
refer to the excel sheet attached separately. Bidders are advised to fill in the bid matrix in the
excel sheet enclosed only)
f) “Bid securing declaration” as per proforma annexed at Appendix A-15.
g) A description of the Bidder's facilities which he proposes to deploy for execution of works in
sufficient details and clarity to enable the Company to make an evaluation and comparison of
the tender. If any part of the Works is proposed to be sub-contracted or any back up consultant
is proposed to be deployed, then the proposed sub-contractor(s) / back up consultant(s) along
with their scope of work/extent of role / responsibility shall be indicated in the bid. The facilities
to be provided / deployed by the sub-contractor/backup consultant shall be described. Bidder to
furnish complete details of his plan for fabrication of each component.
h) Description of Bidder's work experience of executing as turnkey contractor prior to the deadline
for opening of bids (Refer Technical BEC clause 2.2.1 (a) -I under Eligibility and Experience of the
bidder).
i) A summary of the supervisory personnel with experience records, manpower and equipment to
be utilized in the project including Surveys, Design, Engineering, Procurement, Fabrication,
Erection, Load-out, Transportation, Modification, Hook-up, Testing, Pre-commissioning, start up
and Commissioning of projects of similar nature and complexity.
Since time is essence of the Contract, the bidder shall state how he intends to execute the Work
within the time specified by submitting a description of equipment and work method to be
employed for the proposed equipment schedules.
j) The proposed methods or procedures for Contractor's engineering, purchasing, handling, inspec-
tion, invoicing, accounting as well as coordinating, commissioning, review and approvals
following the instructions set out in GCC.
k) Deleted.
l) Skid size and weights of all major equipment.
m) Preferred Vendor's proposal for any equipment / material, which may be time critical, keeping
in view the overall Project Completion Schedule.
n) Copy of Priced Commercial Bid with price column/ figures duly blanked out.
o) Deleted.
p) Detailed Installation / Erection, operating / maintenance requirement of support system,
retrieval procedure, tools and tackles details etc.
q) If the system / component prepared by the bidder is patented, bidder is required to submit the
details like patent certificates and list of components under patents.
r) The bidder should submit a declaration (Appendix A-6) to the effect that neither the bidders
themselves, nor any of its allied concerns, partners or associates or directors or proprietors
involved in any capacity, are currently serving any banning orders issued by ONGC debarring them
from carrying on business dealings with ONGC.

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s) Bidder to submit proforma of undertaking as per Appendix B-10 regarding ‘Conflict of Interest’
between the Bidder and the Agency /Consultant.
t) In all cases, except the cases involving payment through ‘Letter of Credit’ or payment in Foreign
currency, ONGC shall make payments only through Electronic Payment mechanism (viz.
NEFT/RTGS /ECS). Bidders should invariably provide the following particulars along with their
offers as per Appendix B-11:
1. Name & Complete Address of the Supplier / Contractor as per Bank records.
2. Name & Complete Address of the Bank with Branch details.
3. Type of Bank account (Current / Savings/Cash Credit).
4. Bank Account Number (indicate ‘Core Bank Account Number’, if any).
5. IFSC / NEFT Code (11 digit code) / MICR code, as applicable, alongwith a cancelled cheque leaf.
6. Permanent Account Number (PAN) under Income Tax Act;
7. GST Registration Number(for supply of Goods and services)
8. e-mail address of the vendor / authorized official (for receiving the updates on status of
payments).”
9. Deleted.
For receiving payment through NEFT / RTGS, the bank/branch in which the bidder is having
account and intends to have the payment should be either an NEFT enabled bank or SBI branch
with core banking facility
(Detailed payment terms is placed at Clause 3.0 of General Conditions of Contract)
u) Any other documents required in terms of this bidding documents.
v) The bidder shall be required to give an undertaking on the company’s letter head and duly signed
by the signatory of the bid, that all the documents/certificates/information submitted by them
against the tender are genuine. In case any of the documents/certificates/ information submitted
by the bidder is found to be false or forged, action as deemed fit may be initiated by ONGC at
its sole discretion.
11.2 Priced Commercial Bid
a) The price for all the work described in the Bidding Documents shall be itemized as shown in
Proforma Schedule for Prices given in Price Format.
b) Quarterly phasing of expenditure: Not applicable for the instant tender.
c) Contractors executing any Work Offshore India and/or Onshore India would normally be expected
to accept as much payment as possible in Indian Rupees to cover expenses to be incurred by them
in India. Bidders are therefore requested to clearly indicate in their Price Bid the amount they
will accept in Indian Rupee.
d) Deleted.
11.3 In accordance with the conditions at para 10.3 above, the bid along with all appendices and
copies of documents (excluding scanned copies of the documents required in original) should be
submitted through ONGC’s e-bidding engine, on or before the scheduled date and time for the
tender closing. Such documents submitted through e-bidding portal should be as per requirements
of the tender, valid and legally operative as on the date fixed for opening of bids (techno-
commercial bid opening date in case of Two Bid System). However, the documents required in
physical form should be submitted to ONGC’s office (correspondence address as indicated in
“Invitation to Bid”) on or before 1400 Hrs. of the closing date specified for submission of bid
through e-bidding portal.
If Bidder fails to submit original documents, the bid will be rejected and ONGC may consider to
debar the Bidder from participating against its future tenders.
11.4 The documents required to be submitted in physical form as per para 11.3 above, should
positively reach ONGC’s office on or before 1400 Hrs. of the closing date specified for submission
of bid through e-bidding portal.
12.0 Prices
12.1 The Bidder to provide a bid for the Works described in clause 1.2 of the Instruction to Bidders
and Clause 1.1.37 of the General Conditions of Contract. The Bidder must clearly understand the
status of the Annexure- IV documents (which are described in clause 1.2) and that it is Bidder’s
responsibility to carry out all design, engineering and everything else required for the Works.

21
 Bidder’s responsibilities include the provision, within its Contract Price and within the required
time schedule, of everything required for the Works.
12.2 The tender shall be for a lumpsum turnkey bid. The lumpsum price shall cover the price for the
scope of work under this tender, as described in clause 1.2 above, Clause 1.1.37 of the General
Conditions of Contract and Annexure- IV of the bidding documents; including insurance, taxes,
duties, permits, royalty, license fee etc. necessary for the complete facilities and services as
described in the Bidding Documents.
12.3 The bidder shall quote all his prices for all the facilities covered under this tender in a manner
as shown in Price Format.

12.4 Basis for Adjustments to the Lumpsum Price : Deleted.

12.5 Changes in the Work : Changes in the work shall be dealt as per clause no. 8.1.1.1 of GCC.
12.6 Additional Items
The Company may ask the Contractor to procure additional items/materials equipment or spare
parts required for the works or related work during the execution of the Contract. The Contractor
shall procure such items, arrange for necessary inspection and ship them to the Company.
12.7 Prices quoted by the bidder shall remain fixed and valid until completion of the Contract
performance and will not be subject to variation on any account.

12.8 Duties and Taxes

Bidders are required to ascertain themselves, the prevailing rates of GST and all other taxes and
duties as applicable on the scheduled date of submission of Price Bids and ONGC would not
undertake any responsibility whatsoever in this regard.
Accordingly, bidders should quote the prices, clearly indicating the applicable rate of GST /
description of service as per GST rules (under which the respective service is covered), Service
Accounting Code, along-with all other taxes and duties applicable.
Total price inclusive of GST as applicable shall be taken for evaluation.
In case the GST is not quoted explicitly in the offer, the offer will be considered as inclusive of
GST and also provisions of change in law will not apply.
GST and Customs Duty if any applicable, on input services /capital goods/inputs required to meet
the scope of work will be borne by the bidder within their quoted prices. The bidder must avail
eligible input tax credit of GST and Customs Duty paid on input services /capital goods/ Inputs
and benefit of input tax credit should be passed on to ONGC by way of quoting rate(s) net of
input tax credit i.e. value of goods/service adjusted by input tax credit available to the bidder.
As GST is being taken into account for the purpose of evaluation of bids, the rate of GST as
prevailing on the date of bid closing will be taken into consideration for the purpose of evaluation
of bids. However, if there is any change in the rate of GST after the date of bid closing but prior
to award of the contract due to which there is any change in the original ranking of bidders, then
the bidder who has emerged lowest based on the rate of GST as prevailing on the date of bid
closing would be considered for award of contract but subject to matching his prices with the
bidder who has emerged lowest as a result of modification in GST. In case originally evaluated
L-1 bidder fails to match the price (of the bidder who emerges L-1 due to change in GST rate)
then the award of contract will go to the bidder who subsequently emerges L-1 due to change in
GST rate.

12.8.1 GST liability on supply of services:

The bidder should quote the applicable GST clearly indicating the rate and amount of GST included
in the bid and the description of the respective services (as per GST rules) under which the GST is
payable.
In case the GST is not quoted explicitly in the offer by the Bidder, the offer will be considered as
inclusive of all liabilities of GST and ONGC will not entertain any future claim in respect of GST
against such offers.
In case, the quoted information related to various taxes and duties subsequently proves wrong,
incorrect or misleading:-

22
 a) ONGC will have no liability to reimburse the difference in the duty/tax, if the finally assessed
amount is on the higher side.
b) ONGC will have the right to recover the difference in case the rate of duty/tax finally assessed
is on the lower side.
The Service Provider should have a valid registration Certificate under GST legislation and a copy
of such registration certificate should be submitted along with the offer.

12.9 Deemed export benefit: Not Applicable

12.10 AGENT/ CONSULTANT/ REPRESENTATIVE/ RETAINER/ ASSOCIATE: Not Applicable
13.0 Bid Currencies
Bidders should quote firm prices in Indian rupee only. Prices quoted in any other currency shall
not be considered.

14.0 EXPERIENCE/CAPABILITY OF THE BIDDER

14.1 TECHNICAL
Bidder is required to comply with the requirements of Bid Evaluation Criteria at Annexure-V for
this section. The bidder shall submit the documentary evidence in support of his
experience/capability as required above along with techno-contractual (Un-priced) bid.
14.2 FINANCIAL
Bidder is required to comply with the requirements of Bid Evaluation Criteria at Annexure-V for
this section. The bidder shall submit the documentary evidence in support of his financial
capability as required above along with techno-contractual (Un-priced) bid.
15.0 OPPORTUNITY TO INDIAN VENDORS
Bidders shall give adequate opportunity to Indian Vendors/Manufacturers to supply material and
equipment for these Works. However, these arrangements should not have any adverse effect on
the project completion schedule.

16.0 BID VALIDITY

16.1 Bids shall remain valid and open for acceptance for a period of 90 days from the date of opening
of Un-priced Techno-contractual Bids. A Bid valid for shorter period shall be rejected by the
Company as being non-responsive.

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

17.0 BID SECURITY

Bidders shall be required to sign a Bid Securing Declaration (Appendix A-15) accepting that if they
withdraw or modify their Bids during the period of validity, or if they are awarded the contract
and they fail to sign the contract, or to submit a performance security before the deadline
defined in the NIT, they will be suspended for the period of two years. This suspension of two
year shall be automatic without conducting any enquiry.

18.0 FORMAT AND SIGNING OF BIDS

18.1 The bid along with all appendices and copies of documents should be submitted in e-form only
through ONGC’s e-Procurement System duly digitally signed by authorized representative of the
bidding company.

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 The price bids submitted in physical form against e-procurement tenders shall not be given any
cognizance.
18.2 The Techno-commercial bid shall contain all details without indicating prices of the quoted items.
However, a suitable response shall be selected of the given options against each item of the
format at Response Sheet at Annexure-VI (Un-priced bid format / Bidder’s response sheet) to
indicate that there is a quote against this item in the Priced bid.
The Price bid shall contain only the prices duly filled in as per the price format provided as
attachment to price bid under "RFx information" tab of e-procurement engine i.e. Annexure VI
Price Format.
18.3 The documents submitted in the physical form shall be without alterations, interlineations or
erasures, except those to accord with instructions issued by the Company, or as necessary to
correct errors made by the Bidder, in which case such corrections shall be initialed by the person
or persons signing the Bid.
18.4 The bid duly completed with no system error message can be submitted in SRM e-procurement
portal any time before the submission deadline is reached. The bidder is also permitted to make
changes in his bid and re-submit the same in SRM e-procurement portal till the submission
deadline. The final submitted version shall only be considered by ONGC.

19.0 DEADLINE FOR SUBMISSION OF BIDS

19.1 Bids must be submitted before deadline specified in e-procurement site.

19.2 The Company may at its discretion extend the deadline for the submission of Bids by amending
the Bidding Documents in accordance with clause 8.0 in which case all rights and obligation of
the Company and Bidders previously subject to the deadline will thereafter be subject to the
deadline as extended.
19.3 In case of the unscheduled holiday in Ankleshwar (India) being declared on the prescribed
closing/opening day of the tender, the next working day will be treated as the scheduled
prescribed day of closing/opening of the tender.
19.4 No bid can be submitted after the submission deadline is reached. The system time that will be
displayed on e-procurement web page shall decide the submission deadline. Bidders are advised
in their own interest to ensure that bid is uploaded and submitted in the system well before
closing date and time of the bid, in order to avoid last minute technical snag.

20.0 LATE BIDS

20.1 Any bid received by the Company after the deadline for submission of Bids prescribed by the
Company pursuant to Clause 19.0 will be rejected and/or returned unopened to the Bidder.
20.2 Telex/ Telegraphic/ Telefax/ Xerox/ Photocopy/ E-Mail offers whether received directly by the
Company or submitted by the local agents in India will not be considered.
21.0 MODIFICATION AND WITHDRAWAL OF BIDS
21.1 Unsolicited Post Tender Modifications: In case certain clarifications are sought by ONGC after
opening of bid, then the replies of the bidder should be restricted to the clarification sought.
Any bidder who modifies his bid (including all modifications which have the effect of altering his
offer) after the closing date, without any specific reference by ONGC, shall render the bid liable
to be ignored and rejected without notice and without reference to the Bidder.
21.2 No bid may be withdrawn in the interval between the deadline for the Submission of Bids and the
expiration of the period of the Bid Validity specified by the Bidder on the Bid Form. Withdrawal
or unsolicited modification of a bid during this interval shall result in the Bidder's forfeiture of
it’s Bid Security.

22.0 OPENING OF BIDS BY COMPANY

22.1 Un-priced Techno-contractual Bids shall be opened at the time and date mentioned in Invitation
for Bids, at the Company's designated office.

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 Priced Commercial Bid of short listed bidders after evaluation of Un-priced Techno-contractual
bids shall be opened at the time and date to be intimated separately by the Company.
22.2 At the time of tender opening, the Company will permit one authorized representative of each
bidder to be present provided such representative presents to the Company at that time a letter
duly signed by the bidder authorizing him to be present on behalf of the bidder at the time of
tender opening. Intending bidders are advised not to authorize or depute more than one
representative.
22.3 The Company at its discretion, if considered appropriate, will announce at the time of opening
of un-priced techno-contractual bids, the Bidder's names, bid withdrawals, alternatives, presence
and absence of requisite bid security and such other details.
The Company at its discretion, if considered appropriate, will announce at the time of opening
of priced commercial bids, the Bidder's names, bid prices, bid withdrawals, and such other
details.
22.4 Deleted

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

23.0 EVALUATION

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

Bids shall be evaluated based on the information/documents available in the bid. Hence bidders
are advised to ensure that they submit appropriate and relevant supporting documentation along
with their proposal in the first instance itself. Bids not complying with the requirements of bid
documents are liable to be rejected. Bidders are advised to fill up Appendix-A-9 carefully and
provide reference to all relevant documents given in their bid offer.

Bidders are advised to note that the sub-contractors/ agencies/ listed in the bidder’s Bid, shall
be evaluated in terms of the experience criteria stipulated in the BEC. Therefore, the bidders in
their own interest are requested to select the sub-contractors/agencies conforming to the
criteria stipulated therein. At the time of informing the shortlisted bidders of the price bid
opening, the acceptable sub-contractors/ agencies shall be intimated to the bidders and the
decision of Company shall be final. Any exception to this information shall render their offer
disqualified and in such an event their bid bond shall be forfeited.
23.2 Apart from commercial and technical requirements set forth in the Bidding Documents, the
evaluation of bids shall be carried out on the basis of Bid Evaluation Criteria at Annexure V of
Bidding Documents.

23.3 Bidders shall quote their prices/rates in firm figures and without any qualifications. Each figure
stated shall also be repeated in words and in the event of a discrepancy between the amount
stated in figures and words, the rates quoted in words shall be deemed to be the correct amount.
Tenders containing qualifying expressions such as "subject to minimum acceptance" or "subject
to prior sale" etc. will not be considered.

23.4 Deleted
23.5 Indian Bidders with suitable know-how and capability for execution of this project are also
eligible. Indian Bidders while submitting their bids should clearly indicate the following:-

25
i) Extent of the Works to be executed as per the indigenous know-how/design and resources or
under concluded arrangement of joint venture with a Foreign Party or back up and supervision
by expatriate or assistance to be provided by a Foreign Party, along with necessary details.
ii) The details of resources and facilities for execution of works including the total number of
employees, qualified/skilled persons, testing facilities and quality control procedures available
with them.
iii) The quantum of Work to be sub-contracted to other indigenous and/or foreign sub-contractors.
iv) The raw materials, items/components, sub-assemblies equipment etc. to be imported for the
Works.
v) The details of hiring/acquisition of equipment and services from abroad.
vi) The details of latest sales tax returns with Sales Tax Registration Number.
vii) Number of expatriate personnel(s) they propose to deploy against each activity for this tender so
that Company may process approval for their deployment while obtaining release of foreign
exchange from the Government for the contract in this tender.
23.6 Deleted.
23.7 After the receipt of tenders the Company may send a team of engineers if necessary to inspect
the engineering facilities to ensure suitability and satisfactory working conditions at the
Contractor's works and equipment listed to be used by the tenderer for the work. The tenderer
shall ensure that the aforesaid team shall at all the times have access to visit and inspect works,
equipment etc.
23.8 Arithmetical errors will be corrected in the following manner:
If there is a discrepancy between amounts expressed in words and figures, the amount in words
shall prevail.
24.0 CONTACTING THE COMPANY
24.1 The Bidders may please note that the Company will not entertain any correspondence or queries
on the status of the offers received against this Bidding Documents. Bidders are advised not to
depute any of their personnel or Agents to visit the Company's or its Consultant's office for making
such inquiries.
24.2 Any effort by a Bidder to influence the Company on the Company's Bid evaluation, Bid comparison
or Contract award decision may result in the rejection of the Bidder's bid.

25.0 COMPANY'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
The Company reserves the right to accept or reject any bid and to annul the bidding process and
reject all bids at any time prior to award of Contract, without thereby incurring any liability to
the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the
grounds for the Company's action.

26.0 NOTIFICATION OF AWARD (NOA)

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

26.2 The above letter/ telefax of acceptance shall construe that the Contract shall be deemed to
have been concluded. The Notification of Award shall constitute a binding contract between the
successful bidder and the Company.

27.0 SIGNING OF THE CONTRACT

Within 30 days of the Notification of Award, the successful Bidder shall sign and date the formal
contract with the Company. Any payment under the contract shall be made only after signing of
formal contract and Contractor furnishes to the Company Performance Guarantee and Certificate
of Insurance.

28.0 PERFORMANCE BANK GUARANTEE

26
28.1 Within 15 days from the date of issue of NOA, the successful Bidder shall be required to submit
a Bank Draft / Cashier’s/Banker’s cheque* or in lieu thereof Performance Bank Guarantee (PBG)
for 3% of total contract value (i.e. LSTK + O & M), initially valid till the Scheduled Project
Completion date plus 60 days as per tender conditions.
The successful bidder shall be required to submit bank guarantee @3% for Warranty period of 12
months plus Claim period of 60 days
* The validity of Bank Draft / Cashier’s/Banker’s cheque (as applicable) should not be less than
3 months.
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.
The format of the guarantee shall be in accordance with the sample form included in Appendix
B-3.
28.2 Failure of the successful Bidder to comply with the requirements of Clause 27.0 or Clause 28.0
shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid
Security.

29.0 EMPLOYMENT OF OFFICIALS/ EX-OFFICIAL OF COMPANY

Bidders are advised not to employ serving Company employees without its prior permission. It is
also advised not to employ ex-personnel of Company within the initial two years period after
their retirement/resignation/severance from the service without specific permission of
Company. The Company may decide not to deal with such firm(s) who fail to comply with the
above advice.

30.0 CONTRACTS WITH RELATIVES ETC. OF DIRECTORS OF ONGC PURSUANT TO SEC. 297 OF THE
COMPANIES ACT,1956
The bidders are required to certify in prescribed format Appendix A-7 whether he/they is/are
related to any of the Directors of ONGC (in terms of Sec.6 of the Companies Act 1956 as amended
from time to time) in any of the ways mentioned in the Certificate. It is clarified that any such
affirmative certificate shall not, by itself, prejudice consideration of the bid. This certificate
must accompany the bid.

31.0 REPRESENTATION FROM THE BIDDER (RAISING DISPUTES / COMPLAINTS)

31.1 The Bidder (s) can submit representation (s) if any, in connection with the processing of the tender
{including seeking the reasons for rejection of their bid(s)} directly only to the competent purchase
authority i.e. ED-AM, ONGC Ankleshwar Asset, Ankleshwar – 393 010.

Raising Disputes / Complaints.

27
 Curriculum Vitae of Independent External Monitors (IEMs) are placed permanently on the home page
of ONGC’s website www.tenders.ongc.co.in. The bidders may raise disputes / complaints, if any,
either with the designated Competent Purchase Authority (CPA) in ONGC or with concerned Director
of ONGC or directly with the IEM c/o Chief Vigilance Officer, ONGC, Pandit Deen Dayal Upadhyaya
Urja Bhawan, 5 Nelson Mendela Marg, Vasant Kunj, New Delhi - 110070.”

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

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

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

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

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

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

33.0 CERTIFICATE ON SUBMISSION OF TECHNO-CONTRACTUAL COMPLIANT BID WITHOUT ANY

DEVIATIONS TO TERMS AND CONDITIONS OF BIDDING DOCUMENT.
ONGC expects the bidders to raise their doubts with regard to the terms and conditions of the
bidding document for discussions / clarifications during the Pre-bid conference. Pursuant to
discussion of the queries of the bidders during pre-bid conference, it is envisaged that bidders
shall desist from taking exception / deviations to the terms and conditions of the bidding
document and submit a techno-contractually complaint bid
Therefore the bidders are required to submit a certificate as per proforma at Appendix - `B-9’
34.0 THIRD PARTY INSPECTION AGENCY
COMPANY shall engage a Third party inspection (TPI) agency for inspection etc. for Procurement,
Fabrication, Construction, Erection, Testing, Hook-Up, Pre-commissioning, Commissioning during
the execution of the project. The inspection reports are to be submitted along with the supply /
dispatch documents wherever applicable or periodically as required by company.
35.0 Integrity Pact:
With a view to bring in transparency and integrity in the bidding process, ONGC intends to enter
into ‘Integrity Pact’ with the bidders.
The Proforma of Integrity Pact is enclosed herewith at Annexure VII. Proforma of Integrity pact
(which is issued along with the bidding document) shall be returned by the bidder along with the
technical bid, duly signed by the same signatory who signs the bid i.e. who is duly authorised to

28
 sign the bid. All the pages of the Integrity Pact shall be duly signed by the same signatory. All
the pages of the Integrity Pact shall be duly signed by the ONGC’s and Bidder’s signatories.

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

37.0 ONGC’s Policy on Climate Change and Sustainability

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

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

Integration of economic, environmental and social dimensions.

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

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

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

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

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

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

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

38.0 Submission of forged documents:

Bidders should note that ONGC may verify authenticity of all the
documents/certificate/information submitted by the bidder(s) against the tender. In case at any
stage of tendering process or Contract/PO execution etc., if it is established that bidder has
submitted forged documents/certificates/information towards fulfilment of any of the
tender/contract conditions, ONGC shall immediately reject the bid of such bidder(s) or
cancel/terminate the contract and forfeit EMD/SD submitted by the bidder.
38.1 The bidder shall be required to give an undertaking on the company’s letter head and duly signed
by the signatory of the bid, that all the documents/certificates/information submitted by them
against the tender are genuine. In case any of the documents/certificates/information submitted
by the bidder is found to be false or forged, action as deemed fit may be initiated by ONGC at
its sole discretion.
39.0 GST LEGISLATIONS:

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‘GST legislations’ means ‘any or all of the following legislations as may be applicable to the Bidder
and ONGC:
i. the Central Goods & Services Tax Act, 2017;
ii. the Integrated Goods & Services Act, 2017;
iii. the Union Territory Goods & Services Tax Act, 2017;
iv. the respective State Goods & Service Tax Acts’
v. the Goods and Services (Compensation to States) Act, 2017
vi. the Customs Act and the Customs Tariff Act.
40.0 Purchase preference policy (linked with Local Content) (PP - LC)- Amended vide letter No.
FP-20013/2/2017-FP-PNG dated 17.11.2020 of MoPNG.
40.1 Definitions
40.1.1 Domestic products shall be goods and/or service (including design and engineering), produced by
companies, investing and producing in India.
40.1.2 Local Content hereinafter abbreviated to LC means the amount of value added in India which
shall, unless otherwise prescribed by the Nodal Ministry, be the total value of the item procured
(excluding net domestic indirect taxes) minus the value of imported content in the item
(including all customs duties) as a proportion of the total value, in percent.
Local Content (LC) in Goods shall be the use of raw materials, design and engineering towards
manufacturing, fabrication and finishing of work carried out within the country.
Local Content (LC) in Services shall be the use of services up to the final delivery by utilizing
manpower (including specialist), working appliance (including software) and supporting
facilities carried out within in the country.
40.1.3 Domestic Manufacturer shall be business entity or individual having business activity established
under Indian law and producing products domestically.
40.1.4 Supplier of goods and/or provider of service shall be a business entity having capability of
providing goods and/or service in accordance with the business line and qualification thereof
and classified as under:
‘Class-I local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content equal to or more than 50% as defined in PP-LC policy.
‘Class-II local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content more than 20% but less than 50%, as defined under
PP-LC policy.
‘Non-local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content less than or equal to 20%, as defined under PP-LC
policy.

40.1.5 For the purpose of this policy, all terms used in this policy shall be governed by the definitions
specified at para 2 of the policy document notified by MoPNG vide letter No. FP-20013/2/2017-
FP-PNG dated 17.11.2020(as amended from time to time).
40.2 Only Class-I local suppliers are eligible to bid. ‘Class-I local supplier’ means a supplier or service
provider, whose goods, services or works offered for procurement, has local content equal to
or more than 50% as defined in MoPNG PP-LC policy. Class II Local supplier and Non Local
Suppliers are not eligible to Bid.

40.2.1 Bidders are required to mention local content in their bid and are also required to submit the
requisite documents as per requirement of PP-LC policy.
40.3 a.) Bidders (Class-I local suppliers) shall furnish following undertaking on its letter head along
with their techno-commercial bid. The undertaking shall become a part of the contract:
“We_________ (Name of Bidder) undertake that we meet the mandatory minimum Local

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 Content (LC) requirement i.e. equal to or more than 50% for qualifying as ‘Class-I local supplier’
as per the PP-LC policy for participation against tender No. ___________. The percentage of
local content in the bid is ______%.”
b.) Above undertaking shall be supported by the following certificate from Statutory Auditor
engaged by the bidder or cost auditor of the company (in the case of companies) or from a
practicing cost accountant or practicing chartered accountant (in respect of suppliers other
than companies), on the letter head of such Statutory Auditor etc.:
“We __________ the statutory auditor (or as the case may be) of M/s._______ (name of the
bidder) hereby certify that M/s._____ (name of the bidder) meet the mandatory Local Content
requirements of the requirements of the LSTK Contract i.e. equal to or more than 50% for
qualifying as ‘Class-I local supplier’* as per the PP-LC policy, quoted vide offer No. _______
dated ________ against ONGC tender No.________ by M/s ________ (Name of the bidder). The
percentage of local content in the bid is _____%.”
Note:
i. In case of a foreign bidder, certificate (with regard to the fulfillment of minimum
mandatory local content requirement) from Statutory Auditor or cost auditor of their
own office or subsidiary in India giving the percentage of local content is also
acceptable. In case office or subsidiary in India does not exist or Indian office/ subsidiary
is not required to appoint Statutory Auditors or cost auditors, certificate from a
practicing Chartered Accountant in India or practicing cost accountant in India shall also
be acceptable.
ii. Above undertaking and certificate will form part of the contract.

40.4 At the bidding stage the bidder shall provide undertaking and certificate as per provisions under
clause 40.3 and shall upload along with their techno-commercial bid in the e-procurement portal.
40.5 Determination of LC
40.5.1 LC of goods
40.5.1.1 LC shall be computed on the basis of the cost of domestic components in goods, compared to
the whole cost of product
40.5.1.2 The criteria for determination of the Local Content cost shall be as follows:

a) in the case of direct component (material), based on country of origin;

b) in the case of manpower based on INR component.
40.5.1.3 The calculation of LC of the combination of several kinds of goods shall be based on the ratio
of the sum of the multiplication of LC of each of the goods with the acquisition price of each
goods to the acquisition price of the combination of goods.
40.5.2 LC of service
40.5.2.1 LC of Service shall be calculated on the basis of the ratio of service cost of domestic component
in service to the total cost of service.
40.5.2.2 The total cost of service shall be constituted of the cost spent for rendering of service, covering:
a) cost of component (material) which is used;
b) manpower and consultant cost; cost of working equipment/ facility; and
c) general service cost.

40.5.2.3 The criteria for determination of cost of local content in the service shall be as follows:
a) in the case of material being used to help the provision of service, based on country of origin;
b) in the case of manpower and consultant based on INR component of the services contract;
c) in the case of working equipment/facility, based on country of origin; and
d) in the case of general service cost, based on the criteria as mentioned in clauses a, b, and c
above.
e) Indian flag vessels in operation as on date.

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40.5.3 LC of the EPC Contracts:
40.5.3.1 LC of EPC contracts shall be the ratio of the whole cost of domestic components in the
combination of goods and services to the whole combined cost of goods and services.
40.5.3.2 The whole combined cost of goods and services shall be the cost spent to produce the
combination of goods and services, which is incurred on work site.
LC of the combination of goods and services shall be counted in every activity of the combination
work of goods and services.
40.5.3.3 The spent cost as mentioned in paragraph 40.5.3.2 shall include production cost in the
calculation of LC of goods as mentioned in clause 40.5.1.1 and service cost in the calculation of
LC of services as mentioned in clause 40.5.2.2.
40.6 Calculation of LC and reporting
40.6.1 LC shall be calculated on the basis of verifiable data. In the case of data used in the calculation
of LC being not verifiable, the value of LC of the said component shall be treated as nil.
40.7 Certification and Verification
40.7.1 Only Class I Local suppliers are eligible to bid. It will be mandatory for them to give adequate
documentation as follows to establish their status as class-I local supplier:
40.7.2 At bidding stage:
(a) Local Component
(i) The bidder shall provide the percentage of Local contents in the bid as per provisions under
clause 40.3 .
(b) The bidder shall submit an undertaking as per clause no. 40.3.a from the authorised
signatory having the power of Attorney along with the techno-commercial bid stating the
manufacturer meets the mandatory minimum LC requirement and such undertaking shall become
a part of the contract.
The undertaking submitted by the bidder shall be supported by a certificate from the statutory
auditor or cost auditor of the company (in case of companies) or from a practicing cost accountant
or practising chartered accountant (in respect of other than companies) giving the percentage of
local content as per clause no. 40.3.b.
However, in case of foreign bidder, certificate from the statutory auditor or cost auditor of their
own office or subsidiary in India giving the percentage of local content is also acceptable. In case
office or subsidiary in India does not exist or Indian office/ subsidiary is not required to appoint
statutory auditor or cost auditor, certificate from practicing cost accountant in India or practicing
chartered accountant in India giving the percentage of local content is also acceptable.
40.7.3 After Contract Award:
a) The bidder shall submit an undertaking from the authorised signatory of bidder having the
power of Attorney alongwith the bid stating the bidder meets the mandatory minimum LC
requirement and such undertaking shall become a part of the contract.
b) The undertaking submitted by the bidder shall be supported by a certificate from the statutory
auditor or cost auditor of the company (in case of companies) or from a practicing cost accountant
or practising chartered accountant (in respect of other than companies) giving the percentage of
local content.

However, in case of foreign bidder, certificate from the statutory auditor or cost auditor of their
own office or subsidiary in India giving the percentage of local content is also acceptable. In case
office or subsidiary in India does not exist or Indian office/ subsidiary is not required to appoint
statutory auditor or cost auditor, certificate from practising cost accountant in India or practising
chartered accountant in India giving the percentage of local content is also acceptable.
40.7.4 Each supplier shall provide the necessary Local Content documentation to the statutory auditor,
which shall review and determine that local content requirements have been met and issue a
local content certificate to that effect on behalf of ONGC, stating the percentage of local content

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 in the good or service measured. The Auditor shall keep all necessary information obtained from
suppliers for measurement of Local Content confidential.
40.7.5 The Local Content certificate shall be submitted along with each invoice raised. However, the %
of local content may vary with each invoice while maintaining the overall % of local content for
the total purchase of the pro-rata local content requirement. In case, it is not satisfied
cumulatively in the invoices raised up to that stage, the supplier shall indicate how the local
content requirement would be met in the subsequent stages.
40.7.6 ONGC shall have the authority to audit as well as witness production processes to certify the
achievement of the requisite local content
40.8 Sanctions
40.8.1 ONGC shall impose sanction on bidder/manufacturers/service providers for not fulfilling LC of
goods/ services in accordance with the value mentioned in certificate of LC.
40.8.2 The sanctions may be in the form of written warning, financial penalty and blacklisting.
40.8.3 If the bidder does not fulfil his obligation after the expiration of the period specified in such
warning, ONGC shall initiate action for blacklisting such bidder/successful bidder.
40.9 Bidders should note that PP - LC policy shall not be applicable in case of procurement of goods
/ services falling under the list of items reserved for exclusive purchase from Micro and Small
Enterprises (MSEs) or Domestically Manufactured Electronic Products (DMEP).
40.10 If the MoPNG, GoI is satisfied that Indian suppliers of an item are not allowed to participate
and/or compete in procurement by any foreign government, it may, if it deems appropriate,
restrict or exclude bidders from that country from eligibility for procurement of that item and/or
other items relating to the Ministry.
40.11 For the purpose of para 40.10 above, a supplier or bidder shall be considered to be from a country
if (i) the entity is incorporated in that country, or (ii) a majority of its shareholding or effective
control of the entity is exercised from that country, or (iii) more that 50% of the value of the
item being supplied has been added in that country. Indian suppliers shall mean those entities
which meets any of these tests with respect to India.
40.12 The prescribed local content in the PP-LC Policy shall be applicable on the date of Notice inviting
Tender.
41.0 Fraud Prevention Policy of ONGC is available at ONGC’s public portal
http://www.ongcindia.com/, the bidders shall be required to certify that they have read the
Fraud Prevention Policy of ONGC and they would adhere to the same and shall not indulge
themselves or allow others to indulge in fraudulent activities and that they would immediately
apprise the ONGC of the fraud/suspected fraud as soon as it comes to their notice.

42.0 GUIDELINES FOR ELIGIBILITY OF A “BIDDER FROM A COUNTRY WHICH SHARES A LAND BORDER
WITH INDIA‟:
{Order (Public Procurement No.1) dated 23.07.2020, Order (Public Procurement No.2) dated
23.07.2020 and Order (Public Procurement No.3) dated 24.07.2020 issued by Department of
Expenditure, Ministry of Finance, Govt, of India in this regard are available at website
https://doe.gov.in/procurement-policy-divisions}
1) Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority.
[Competent Authority for the purpose of registration shall be the Registration Committee constituted
by the Department for Promotion of Industry and Internal Trade (DPIIT), as mentioned under Annex I
of the Order (Public Procurement No.1) dated 23.07.2020].

2) "Bidder" (including the term 'tenderer‟ , 'consultant' or 'service provider' in certain contexts) means
any person or firm or company, including any member of a consortium or joint venture (that is an
association of several persons, or firms or companies), every artificial juridical person not falling in
any of the descriptions of bidders stated hereinbefore, including any agency, branch or office
controlled by such person, participating in a procurement process.

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 3) "Bidder from a country which-shares a land border with India" for the purpose of this Order means;
-
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered in
such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls under
any of the above.
4) The beneficial owner for the purpose of (3) above will be as under:
(i) In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person (s),
has a controlling ownership interest or who exercises control through other means.
Explanation
a. "Controlling ownership interest" means ownership of or entitlement to, more than twenty-five
per cent, of shares or capital or profits of the company;
b. "Control" shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management rights
or shareholders agreements or voting agreements;
(ii) In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of entitlement
to more than fifteen percent of capital or profits of the partnership;
(iii) In case of an unincorporated association or body of individuals, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen percent of the property or capital
or profits of such association or body of individuals;
(iv) Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner is
the relevant natural person who holds the position of senior managing official;
(v) In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust through a
chain of control or ownership.

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

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If such certificate (as mentioned as (a) & (b) above) given by a bidder whose bid is accepted,
is found to be false, this would be a ground for immediate rejection of bid/termination of
contract and forfeiture of EMD/Security Deposit.
The above certificate shall form part of PO/contract.
The registration, wherever applicable, should be valid at the time of submission of bids and at
the time of acceptance of bids. If the bidder was validly registered at the time of acceptance
/ placement of order, registration shall not be a relevant consideration during contract
execution.
7) Further, the above guidelines will not apply to bidders from those countries (even if sharing
a land border with India) to which the Government of India has extended lines of credit or in
which the Government of India is engaged in development projects. Updated lists of countries
to which lines of credit have been extended or in which development projects are undertaken
are given in the website of the Ministry of External Affairs, Govt. of India.
8) “Agent‟ mentioned in the above guidelines also includes dealer/distributor/sole selling
agent.

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