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इं िडयन ऑइल काप रे शन िलिमटे ड

(पाइपलाइं स भाग)
पू व े पाइपलाइं स, बरौनी
पी.ओ. बरौनी ओईल रफ़ाइनरी
बे गुसराय – 851114 (िबहार)

TENDER NO.: BK/TS/970/2023-24/22

TENDER DOCUMENT
FOR

PROVIDING FIFTEEN (15) NOS. OF UNARMED DGR SECURITY GUARDS,


TWO (02) NOS OF ARMED DGR SECURITY GUARDS & THREE (03) NOS.
OF SUPERVISORS FOR MAINLINE PATROLLING, INTELLIGENCE AND
ANCILLARY ACTIVITIES IN PHBPL RIGHT OF WAY (ROW) UNDER PHBPL
BARAUNI JURISDICTION IN BIHAR & JHARKHAND STATE

VOLUME- I OF II
SPECIAL INSTRUCTIONS TO TENDERERS
GENERAL CONDITIONS OF CONTRACT
SPECIAL CONDITIONS OF CONTRACT
ANNEXURES, SCHEDULE OF RATES

ISSUED BY
CHIEF TECHNICAL SERVICES MANAGER,
INDIAN OIL CORPORATION LTD. (PIPELINES DIVISION)
EASTERN REGION PIPELINES, BARAUNI
P.O. BARAUNI OIL REFINERY,
BEGUSARAI – 851114 (BIHAR)

(I)
INDIAN OIL CORPORATION LIMITED
(PIPELINES DIVISION)
EASTERN REGION PIPELINES, BARAUNI
P.O. BARAUNI OIL REFINERY
BEGUSARAI – 851114 (BIHAR)

TENDER NO.: BK/TS/970/2023-24/22


TENDER DOCUMENT
FOR
PROVIDING FIFTEEN (15) NOS. OF UNARMED DGR SECURITY GUARDS,
TWO (02) NOS OF ARMED DGR SECURITY GUARDS & THREE (03) NOS.
OF SUPERVISORS FOR MAINLINE PATROLLING, INTELLIGENCE AND
ANCILLARY ACTIVITIES IN PHBPL RIGHT OF WAY (ROW) UNDER PHBPL
BARAUNI JURISDICTION IN BIHAR & JHARKHAND STATE

INDEX
S. No. DESCRIPTION PAGE NO.
VOLUME-I OF I
1. INNER COVER I
2. INDEX II
3. DETAILED NIT 1-2
4. SPECIAL INSTRUCTIONS TO TENDERERS (Chapter-I)
[SECTION-A – TECHNICAL] 1- 5
[SECTION-B – COMMERCIAL] 1- 28
5. GENERAL CONDITIONS OF CONTRACT (Chapter-II) 1-141

6. SPECIAL CONDITIONS OF CONTRACT (Chapter-III)


[SECTION-A – TECHNICAL] 1-43
[SECTION-B – COMMERCIAL] 1-22
7. ANNEXURES(Technical) 1-2
8. ANNEXURES(Commercial) 1-18
9. SCHEDULE OF RATES 2 pages

(II)
NOTICE INVITING TENDER
िनिवदा आमं ण हेतु सूचना
1. काय का नाम PROVIDING FIFTEEN (15) NOS. OF UNARMED DGR SECURITY
GUARDS, TWO (02) NOS OF ARMED DGR SECURITY GUARDS &
THREE (03) NOS. OF SUPERVISORS FOR MAINLINE PATROLLING,
INTELLIGENCE AND ANCILLARY ACTIVITIES IN PHBPL RIGHT OF
WAY (ROW) UNDER PHBPL BARAUNI JURISDICTION IN BIHAR &
JHARKHAND STATE
2. िनिवदा सं ा BK/TS/970/2023-24/22
3. ई िनिवदा आईडी 2023_BKBRN_169318_1
4. िवभाग पाइपलाइन भाग
5. ान ईआरपीएल (पीएचबीपीएल) बरौनी आरओड ू, िबहार और झारखंड
6. िनिवदा का कार ई-िनिवदा पोटल पर िलिमटे ड (नेशनल), दो-बोली िनिवदा
7. िनिवदा द ावेज की लागत इस िनिवदा के िलए कोई िनिवदा शु लागू नही ं है , बोली लगाने वालों को ई-िनिवदा पोटल
(https://iocletenders.nic.in) से िनिवदा द ावेज डाउनलोड करना है ।
8. िनिवदा द ावेज़ डाउनलोड 31.07.2023
करने की ारं भ ितिथ
9. ी िबड मीिटं ग लागू नही ं
10. ऑनलाइन िबड तैयार करना 04.08.2023 से 07.08.2023, के 15:00 Hrs तक
और जमा करना
11. ऑनलाइन िबड खोलना 08.08.2023 के 15:00 Hrs तक, या उसके बाद की सु िवधाजनक ितिथ
12. बयाना रािश शू
13. काय पूण होने का समय भारी अिभयंता ारा िविश नोिटस के मा म से साइट ीयरस िदए जाने की ितिथ से
चौबीस (24) महीने है । एलओए जारी करने की तारीख से तीन (03) महीने के भीतर िविश
नोिटस जारी िकया जाएगा ।
14. साईट लोकेशन ईआरपीएल (पीएचबीपीएल) बरौनी आरओड ू, िबहार और झारखंड
15. आव कद ावेज िनिवदाकता को अपने ाव के साथ आव क पूव-यो ता के समथन म आव क द ावेज
ऑनलाइन ुत करने होंगे। बोलीदाताओं कृपया ान द िक िन िल खत अिनवाय द ावेज
जमा करने होंगे:
1. डीजीआर ए ैनलमट माणप (मािलक और िनदे शक की त ीर और ह ा र के साथ)
2. सेवािनवृ अिधकारी/कािमक पहचान प
3. सुर ा एजसी के संचालन की ित के िलए PSARA लाइसस
4. िविधवत ह ा रत डीजीआर ायोजन प
5. पीएफ पंजीकरण सं ा
6. जीएसटी पंजीकरण सं ा (यिद छूट है , तो सहायक द ावेजों के साथ वचन प ुत
क रये)
7. पैन नंबर
8. ईएसआई पंजीकरण सं ा
9. एसआईटी के सभी अनुबंध (तकनीकी एवं वािण क)
16. सुर ा जमा रािश सफल बोलीदाता को ीकृित प जारी होने के 30 िदनों के भीतर सुर ा रािश जमा करनी
Page 1 of 2
होगी। सुर ा जमा रािश का भुगतान नीचे िदए गए इले ॉिनक मोड ारा िकया जा सकता है ,
1. ई-पेवन https://epayone.indianoil.in/
2. सुर ा जमा रािश एक लाख पये से अिधक होने पर बक गारं टी ीकार की जाएगी।
सं पूण सुर ा जमा रािश का भुगतान उपरो भुगतान मोड ारा िकया जा सकता है ।
17. अ 1. िनिवदाकार अपने ाव के साथ आव क यो ता और अनुभव के समथन म आव क
द ावेज ऑनलाइन ुत करे गा।
2. िनगिमत जेवी, कंसोिटयम, भारतीय पूण ािम वाली सहायक कंपनी आिद के िलए
मू ां कन मानदं ड िनिवदा के अनुसार होगा।
3. बोलीकता ान द िक इस िनिवदा को अंितम प दे ने के िलए रवस ऑ न आयोिजत
िकया जाएगा। कृपया िनिवदाकताओं को िवशेष िनदश दे ख (अिधक जानकारी के िलए
खंड सं ा- 22.0.0, अनुभाग बी-एसआईटी (वािण क) दे ख। (लागू नही ं)
4. िनिवदाकताओं को िवशेष िनदश म िदए गए िनदश के अनुसार िनिवदाकता अपने ाव
के साथ आव क यो ता और अनुभव के समथन म आव क द ावेजों की ै न कॉपी
अपलोड करगे।
5. भौितक बोिलयां ीकार नही ं की जाएं गी। िनिवदा द ावेज़
https://iocletenders.nic.in से डाउनलोड िकया जा सकता है और ऑन लाइन बोिलयों
को िस म पर िडिजटल ह ा र के साथ जमा करना आव क है।
6. आईओसीएल िबना कोई कारण बताए िनिवदा को र करने का अिधकार सुरि त रखता
है।
7. िनिवदा द ावेज अह ां तरणीय ह।
मह पूण नोट: िनिवदा सभी तरह से पूरी तरह से भरी जानी चािहए और आव क
जानकारी और अनुल कों के साथ एक साथ ुत की जानी चािहए। िववरण म अपूण
कोई भी िनिवदा अ ीकार कर दी जाएगी।
18. जारी / ुत करने के मु तकनीकी सेवा बंधक
कायालय का पता इं िडयन ऑयल कॉप रे शन िलिमटे ड
पूव े पाइपलाइन, बरौनी मु ालय ,
पी.ओ. बरौनी ऑयल रफाइनरी, बेगूसराय (िबहार) - 851114
फोन: 06243-275815
ईमेल:ravigupta@indianoil.in

अिधकारी (तक. सेवा.)


इं िडयन ऑयल कॉप रे शन िलिमटे ड
पूव े पाइपलाइन, बरौनी मु ालय ,
पी.ओ. बरौनी ऑयल रफाइनरी, बेगूसराय (िबहार) - 851114
फोन: 06243-275833
ईमेल:NemoA@indianoil.in

नोट: िह ी एवं अं ेजी म दी गयी िनिवदा म िकसी कार का िववाद होने पर अं ेजी ित ही मा होगी।

िदनांक: 29.07.2023 Sd/-


ान : बेगूसराय मु तकनीकी सेवा बंधक

Page 2 of 2
होगी। सुर ा जमा रािश का भुगतान नीचे िदए गए इले ॉिनक मोड ारा िकया जा सकता है ,
1. ई-पेवन https://epayone.indianoil.in/
2. सुर ा जमा रािश एक लाख पये से अिधक होने पर बक गारं टी ीकार की जाएगी।
सं पूण सुर ा जमा रािश का भुगतान उपरो भुगतान मोड ारा िकया जा सकता है ।
17. अ 1. िनिवदाकार अपने ाव के साथ आव क यो ता और अनुभव के समथन म आव क
द ावेज ऑनलाइन ुत करे गा।
2. िनगिमत जेवी, कंसोिटयम, भारतीय पूण ािम वाली सहायक कंपनी आिद के िलए
मू ां कन मानदं ड िनिवदा के अनुसार होगा।
3. बोलीकता ान द िक इस िनिवदा को अंितम प दे ने के िलए रवस ऑ न आयोिजत
िकया जाएगा। कृपया िनिवदाकताओं को िवशेष िनदश दे ख (अिधक जानकारी के िलए
खंड सं ा- 22.0.0, अनुभाग बी-एसआईटी (वािण क) दे ख। (लागू नही ं)
4. िनिवदाकताओं को िवशेष िनदश म िदए गए िनदश के अनुसार िनिवदाकता अपने ाव
के साथ आव क यो ता और अनुभव के समथन म आव क द ावेजों की ै न कॉपी
अपलोड करगे।
5. भौितक बोिलयां ीकार नही ं की जाएं गी। िनिवदा द ावेज़
https://iocletenders.nic.in से डाउनलोड िकया जा सकता है और ऑन लाइन बोिलयों
को िस म पर िडिजटल ह ा र के साथ जमा करना आव क है।
6. आईओसीएल िबना कोई कारण बताए िनिवदा को र करने का अिधकार सुरि त रखता
है।
7. िनिवदा द ावेज अह ां तरणीय ह।
मह पूण नोट: िनिवदा सभी तरह से पूरी तरह से भरी जानी चािहए और आव क
जानकारी और अनुल कों के साथ एक साथ ुत की जानी चािहए। िववरण म अपूण
कोई भी िनिवदा अ ीकार कर दी जाएगी।
18. जारी / ुत करने के मु तकनीकी सेवा बंधक
कायालय का पता इं िडयन ऑयल कॉप रे शन िलिमटे ड
पूव े पाइपलाइन, बरौनी मु ालय ,
पी.ओ. बरौनी ऑयल रफाइनरी, बेगूसराय (िबहार) - 851114
फोन: 06243-275815
ईमेल:ravigupta@indianoil.in

अिधकारी (तक. सेवा.)


इं िडयन ऑयल कॉप रे शन िलिमटे ड
पूव े पाइपलाइन, बरौनी मु ालय ,
पी.ओ. बरौनी ऑयल रफाइनरी, बेगूसराय (िबहार) - 851114
फोन: 06243-275833
ईमेल:NemoA@indianoil.in

नोट: िह ी एवं अं ेजी म दी गयी िनिवदा म िकसी कार का िववाद होने पर अं ेजी ित ही मा होगी।

िदनांक: 29.07.2023 Sd/-


ान : बेगूसराय मु तकनीकी सेवा बंधक

Page 2 of 2
8. ESI Registration No.
9. All annexures of SIT (Technical & Commercial)
16. Security Deposit Successful bidder shall have to submit Security deposit within 30 days after
issuance of Letter of Acceptance. Security deposit shall be paid by electronic
mode of payments like,
1. E-PayOne https://epayone.indianoil.in/
2. Bank Guarantee will be accepted if SD amount is above Rs. One lakh.
Entire SD amount may be paid by the above Pay mode.
17. Others 1. The tenderer shall furnish necessary documents online in support of
required qualification and experience along with their offer.
2. Evaluation Criteria for Incorporated JV, Consortium, Indian wholly owned
subsidiary etc. shall be as per the tender.
3. Bidders to note that Reverse Auction will be conducted for finalizing this
Tender. Please refer Special Instruction to Tenderers (Refer Clause no- 22.0.0,
Section B-SIT (Commercial) for further details. (Not Applicable)
4. The Tenderers shall upload scanned copy of necessary documents in support
of required qualification and experience along with their offer as per
instruction given in the Special Instructions to Tenderers.
5. Physical Bids will not be accepted. Tender Document can be downloaded
from https://iocletenders.nic.in and on line bids are required to be
submitted with Digital signatures on the system.
6. IOCL reserves the right of annulment of tender without assigning any
reasons whatsoever.
7. The tender documents are non-transferable.
Important Note: Tender should be completely filled up in all respects and
shall be tendered together with requisite information and annexures. Any
Tender incomplete in particulars shall be liable to be rejected.
18. Issuing/ Submission Chief Technical Services Manager
Office Address Indian Oil Corporation Limited,
Eastern Region Pipelines Barauni,
Barauni Unit Headquarters,
P.O. Barauni Oil Refinery, Begusarai (Bihar) - 851114
Phone: 06243-275815
E-mail: ravigupta@indianoil.in

Officer (Technical Services)


Indian Oil Corporation Limited,
Eastern Region Pipelines Barauni,
Barauni Unit Headquarters,
P.O. Barauni Oil Refinery, Begusarai (Bihar) - 851114
Phone: 06243-275833
E-mail: NemoA@indianoil.in

Date: 29.07.2023 Sd/-


Place: Begusarai मु तकनीकी सेवा बंधक
Chief Technical Services Manager

Page 2 of 2
8. ESI Registration No.
9. All annexures of SIT (Technical & Commercial)
16. Security Deposit Successful bidder shall have to submit Security deposit within 30 days after
issuance of Letter of Acceptance. Security deposit shall be paid by electronic
mode of payments like,
1. E-PayOne https://epayone.indianoil.in/
2. Bank Guarantee will be accepted if SD amount is above Rs. One lakh.
Entire SD amount may be paid by the above Pay mode.
17. Others 1. The tenderer shall furnish necessary documents online in support of
required qualification and experience along with their offer.
2. Evaluation Criteria for Incorporated JV, Consortium, Indian wholly owned
subsidiary etc. shall be as per the tender.
3. Bidders to note that Reverse Auction will be conducted for finalizing this
Tender. Please refer Special Instruction to Tenderers (Refer Clause no- 22.0.0,
Section B-SIT (Commercial) for further details. (Not Applicable)
4. The Tenderers shall upload scanned copy of necessary documents in support
of required qualification and experience along with their offer as per
instruction given in the Special Instructions to Tenderers.
5. Physical Bids will not be accepted. Tender Document can be downloaded
from https://iocletenders.nic.in and on line bids are required to be
submitted with Digital signatures on the system.
6. IOCL reserves the right of annulment of tender without assigning any
reasons whatsoever.
7. The tender documents are non-transferable.
Important Note: Tender should be completely filled up in all respects and
shall be tendered together with requisite information and annexures. Any
Tender incomplete in particulars shall be liable to be rejected.
18. Issuing/ Submission Chief Technical Services Manager
Office Address Indian Oil Corporation Limited,
Eastern Region Pipelines Barauni,
Barauni Unit Headquarters,
P.O. Barauni Oil Refinery, Begusarai (Bihar) - 851114
Phone: 06243-275815
E-mail: ravigupta@indianoil.in

Officer (Technical Services)


Indian Oil Corporation Limited,
Eastern Region Pipelines Barauni,
Barauni Unit Headquarters,
P.O. Barauni Oil Refinery, Begusarai (Bihar) - 851114
Phone: 06243-275833
E-mail: NemoA@indianoil.in

Date: 29.07.2023 Sd/-


Place: Begusarai मु तकनीकी सेवा बंधक
Chief Technical Services Manager

Page 2 of 2
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

CHAPTER-I
SPECIAL INSTRUCTIONS TO TENDERERS
INDEX
Contents
1.0.0 INFORMATION 2
2.0.0 INTRODUCTION 2
3.0.0 BRIEF DESCRIPTION OF WORK 2
4.0.0 SITE LOCATION 3
5.0.0 SITE VISIT 3
6.0.0 LOCAL CONDITIONS 3
7.0.0 SUBMISSION OF OFFER (TECHNICAL BID) 3
8.0.0 CRITERIA FOR EVALUATION 4
9.0.0 PLACE OF PAYMENT 4

Tender Number:- BK/TS/970/2023-24/22


Special Instruction to Tenderers Page 1 of 4
Section A (Technical)
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

SPECIAL INSTRUCTION TO TENDERERS


1.0.0 INFORMATION
The information given in the Bid Documents and in the plans and drawings
forming part thereof is merely intended as a general information without
undertaking on the part of the Owner as to its accuracy and without obligation
relative thereto upon the Owner. The Vendors are expected to conduct their own
surveys and investigations prior to Bidding.
Before bidding, the vendor shall undertake and shall be deemed before bidding
to have undertaken a thorough study of the proposed work, the job site(s)
involved, the site conditions, the labour, power, water, material and equipment
availability, transport and communication facilities and temporary offices and
accommodation quarters, and all other factors, constraints and facilities necessary
for the formulation of the Bid, supply of materials and the performance of the
work.
The vendor shall inspect and examine the site and its surroundings and shall
satisfy himself before submitting his tender as to the nature of the ground
present, physical conditions and all roads, approaches and lands which may be
used temporarily otherwise in connection with the works, means of access to the
site accommodation he may require and in general shall himself obtain all
necessary information as to risks, contingencies and other circumstances which
may influence or affect his tender.
2.0.0 INTRODUCTION
2.1.0 Pipelines Division of Indian Oil Corporation Limited (IOCL), a Government of
India Undertaking (hereinafter called as the Owner), owns and operates about
15000 km of pipeline network.
2.2.0 Indian Oil Corporation Limited, a company registered in India under the
Companies Act, 1956 invites tenders from bona fide and experienced Contractors
of financial standing and reputation for the following job:-
Name of Work: PROVIDING FIFTEEN (15) NOS. OF UNARMED DGR SECURITY
GUARDS, TWO (02) NOS OF ARMED DGR SECURITY GUARDS &
THREE (03) NOS. OF SUPERVISORS FOR MAINLINE PATROLLING,
INTELLIGENCE AND ANCILLARY ACTIVITIES IN PHBPL RIGHT
OF WAY (ROW) UNDER PHBPL BARAUNI JURISDICTION IN
BIHAR & JHARKHAND STATE
Tender No. BK/TS/970/2023-24/22

3.0.0 BRIEF DESCRIPTION OF WORK


3.1.0 Providing Fifteen (15) nos. of Unarmed DGR Security Guards, Two (02) nos of Armed
DGR Security Guards & Three (03) nos. of Supervisors for Mainline Patrolling,
Intelligence and Ancillary Activities in PHBPL Right of Way (ROW) under PHBPL
Barauni Jurisdiction in Bihar & Jharkhand State.

Tender Number:- BK/TS/970/2023-24/22


Special Instruction to Tenderers Page 2 of 4
Section A (Technical)
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

3.2.0 Detailed scope of work is further enumerated in the Special Conditions of


Contract.
4.0.0 SITE LOCATION
4.1.0 PHBPL Right of Way (ROW) under PHBPL Barauni Jurisdiction in Bihar & Jharkhand
State.

5.0.0 SITE VISIT


5.1.0 The intending tenderers shall be deemed to have visited the site and familiarized
themselves thoroughly with the working conditions at the work site before
submitting the tender. Non – familiarity with the site conditions will not be
considered a reason either for extra claims or for not carrying out the work in strict
conformity with the specifications.
5.2.0 The bidder may contact the following IOCL’s site offices with due appointment for
necessary guidance and help during site visits.
Chief Operations Manager,
Indian Oil Corporation Limited, Eastern Region Pipelines Barauni,
Paradip-Haldia-Barauni Pipeline, Barauni, P.O. Barauni Oil Refinery,
Distt: Begusarai – 851114 (Bihar)
Ph. No. 9452656783 Email ID: vermaak2@indianoil.in

6.0.0 LOCAL CONDITIONS


6.1.0 It will be imperative on each TENDERER to acquaint himself of all local laws,
conditions and factors which may have any effect on the execution of works and
supplies under the Bid document. In their own interest, the TENDERER is
requested to familiarize themselves with (but not limited to) the Indian Income
Tax Act 1961, Indian Companies Act 1956, Indian Customs Act, 1962, Factory Act,
Contract Labour Arbitration Act/ P.F. Act, Employees’ State Insurance Act (ESI),
1948 and other related Acts and Laws and Regulations of India, with their latest
amendments, as prevalent in India. OWNER shall not entertain any request for
clarification from the TENDERER regarding such local conditions.
6.2.0 It must be understood and agreed that such factors have properly been
investigated and considered while submitting the Bid. No claim for financial and
other adjustments to the contract price, on account of lack of clarity or proper
understanding of such factors, shall be entertained.
7.0.0 SUBMISSION OF OFFER (TECHNICAL BID)
7.1.0 All technical Annexures shall be filled as per the attached formats only. In no
case formats other than those mentioned in subsequent clauses shall be used.
7.2.0 Details of criteria for techno-commercial evaluation as per clause 8.0.0 along with
relevant documents, such as copies of DGR sponsorship letter, DGR empanelment
certificate (with photograph and signature of proprietor and director), Retired

Tender Number:- BK/TS/970/2023-24/22


Special Instruction to Tenderers Page 3 of 4
Section A (Technical)
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

officer/ personnel identity card , PSARA license for operation in the state of
operation of the security agency supporting the claim.
Technical evaluation of the bidders shall be carried out on the basis of the above-
mentioned relevant documents submitted by the bidder. Bids not giving precise
relevant documents are liable to be rejected.
7.3.0 Exceptions/deviations pertaining to Specifications, if any, to be indicated only as
per annexure T#1.
7.4.0 Failure to furnish all information required as per the tender documents or
submission of bid not substantially responsive to the tender documents, in
every respect, may result in rejection of the bid.
7.5.0 Submission of the information and details shall be done strictly in the manner
described.
8.0.0 CRITERIA FOR EVALUATION
8.1.0 Bidders please note that DGR recommendation alone is not qualifying criteria.
Bidders are required to submit following documents to meet the qualification
criteria-
a) Ink signed copy of DGR sponsorship letter.
b) DGR empanelment certificate (with photograph and signature of proprietor
and director)
c) Retired officer/ personnel identity card
d) PSARA license for operation in the state of operation of the security agency
e) Technical Annexures
8.2.0 In case the Owner finds that there is more than one bidder eligible/ quoted same
rate, then owner reserves the right to conduct award to the senior most agency as
mentioned in DGR sponsorship letter no. 4014/SA/IOCL, Barauni Kanpur
Pipelines (Patna, Lakhisarai, Begusarai & Jamui)/ 16 June
2023/Bihar/7774/7841/8532/8414/Res dated 16.06.2023.
9.0.0 PLACE OF PAYMENT
9.1.0 All the payment shall be released from the location given below:
Indian Oil Corporation Ltd.
(PIPELINE DIVISION),
Barauni Kanpur Pipeline,
PO- Barauni Oil Refinery,
Begusarai, Bihar- 851114
9.2.0 No advance of any sort shall be payable under this contract.
9.3.0 All the invoice should be raised in favour of IOCL, ERPL Barauni HQ. GST
Invoice to be submitted by the bidder in compliance with the prevailing tax laws at
the time of execution/delivery. No other invoice will be accepted as Owner
intends to avail Input Tax/Cenvat Credit.

Tender Number:- BK/TS/970/2023-24/22


Special Instruction to Tenderers Page 4 of 4
Section A (Technical)
CHAPTER – IB

SPECIAL INSTRUCTIONS TO TENDERERS


[SECTION-B – COMMERCIAL]
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

CHAPTER-I - SPECIAL INSTRUCTIONS TO TENDERERS


[SECTION B - Commercial]
INDEX

ABBREVIATIONS ................................................................................................................................................... 3
1.0.0 TENDER DOCUMENTS ...................................................................................................................... 4
2.0.0 PRICE OF TENDER DOCUMENT ..................................................................................................... 5
3.0.0 COST OF BIDDING .............................................................................................................................. 5
4.0.0 LANGUAGE OF BID ............................................................................................................................. 5
5.0.0 SUBMISSION OF TENDER ................................................................................................................. 6
6.0.0 VALIDITY OF OFFER ......................................................................................................................... 12
7.0.0 EARNEST MONEY DEPOSIT (EMD) .............................................................................................. 12
8.0.0 BIDDING ENTITY ............................................................................................................................... 17
9.0.0 CRITERIA FOR EVALUATION – COMMERCIAL ..................................................................... 21
10.0.0 PRE-BID MEETING ............................................................................................................................. 22
11.0.0 CORRIGENDUM/ ADDENDA/ CLARIFICATIONS ................................................................... 23
12.0.0 CONFORMITY TO TERMS AND CONDITIONS OF BID DOCUMENTS ............................ 23
13.0.0 INTEGRITY PACT PROGRAM ........................................................................................................ 24
14.0.0 MODIFICATION AND WITHDRAWAL OF BIDS ...................................................................... 24
15.0.0 OPENING OF TECHNO-COMMERCIAL BIDS ........................................................................... 24
16.0.0 INSOLVENCY AND BANKRUPTCY CODE ................................................................................. 24
17.0.0 APPOINTMENT OF CONSULTANTS ............................................................................................ 25
18.0.0 CLARIFICATION OF BIDS ............................................................................................................... 25
19.0.0 EVALUATION OF OFFERS AND ACCEPTANCE/ REJECTION OF BIDS ............................. 25
20.0.0 PRE-PRICE BID MEETING ................................................................................................................ 26
21.0.0 OPENING OF PRICE BID .................................................................................................................. 27
22.0.0 REVERSE AUCTION........................................................................................................................... 27
23.0.0 PRICE EVALUATION AND COMPARISON OF BIDS............................................................... 28
24.0.0 NEGOTIATION ................................................................................................................................... 30
25.0.0 DOCUMENT VERIFICATION.......................................................................................................... 30
26.0.0 AWARD OF WORK/ CONTRACT ................................................................................................... 31
27.0.0 ADDITIONAL INFORMATION TO BE SUBMITTED BY SUCCESSFUL BIDDER ............. 31
28.0.0 INDIGENISATION ............................................................................................................................. 31
29.0.0 CURRENCIES AND PAYMENT ....................................................................................................... 32
30.0.0 PLACE OF PAYMENT ......................................................................................................................... 32
31.0.0 CONTACT PERSON FOR ANY GRIEVANCE: ............................................................................. 32
32.0.0 HOLIDAY LISTING OF VENDORS : .............................................................................................. 32

Tender No. BK/TS/970/2023-24/22


Special Instruction to Tenderers [Section-B (Commercial)] Page 1 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

DEFINITIONS

Tender/ Bid Bidder’s offer to perform the Work, in accordance with


Bidding Document

Tender Document Documents purchased by Bidder or issued by Owner


through tender website including any subsequent
addenda to enable Bidder to submit the Bid

Bidder/ Tenderer Person or company or bidding entity who receives the


Tender Document and submits Tender or Bid to IOCL
(Pipelines Division)

Owner/ Purchaser/ IOCL/ Words used interchangeably and would mean the same
IOCL (Pipelines Division)/ in expression and intent in proper context
Corporation

Bidder/ Tenderer/ Contractor/ Words used interchangeably and would mean the same
Vendor in expression and intent in proper context

Schedule of Rates (SOR)/ Bill of Words used interchangeably and would mean the same
Quantities (BoQ) in expression and intent in proper context

Tender No. BK/TS/970/2023-24/22


Special Instruction to Tenderers [Section-B (Commercial)] Page 2 of 33
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

SPECIAL INSTRUCTION TO TENDERERS


1.0.0 INFORMATION
The information given in the Bid Documents and in the plans and drawings
forming part thereof is merely intended as a general information without
undertaking on the part of the Owner as to its accuracy and without obligation
relative thereto upon the Owner. The Vendors are expected to conduct their own
surveys and investigations prior to Bidding.
Before bidding, the vendor shall undertake and shall be deemed before bidding
to have undertaken a thorough study of the proposed work, the job site(s)
involved, the site conditions, the labour, power, water, material and equipment
availability, transport and communication facilities and temporary offices and
accommodation quarters, and all other factors, constraints and facilities necessary
for the formulation of the Bid, supply of materials and the performance of the
work.
The vendor shall inspect and examine the site and its surroundings and shall
satisfy himself before submitting his tender as to the nature of the ground
present, physical conditions and all roads, approaches and lands which may be
used temporarily otherwise in connection with the works, means of access to the
site accommodation he may require and in general shall himself obtain all
necessary information as to risks, contingencies and other circumstances which
may influence or affect his tender.
2.0.0 INTRODUCTION
2.1.0 Pipelines Division of Indian Oil Corporation Limited (IOCL), a Government of
India Undertaking (hereinafter called as the Owner), owns and operates about
15000 km of pipeline network.
2.2.0 Indian Oil Corporation Limited, a company registered in India under the
Companies Act, 1956 invites tenders from bona fide and experienced Contractors
of financial standing and reputation for the following job:-
Name of Work: PROVIDING FIFTEEN (15) NOS. OF UNARMED DGR SECURITY
GUARDS, TWO (02) NOS OF ARMED DGR SECURITY GUARDS &
THREE (03) NOS. OF SUPERVISORS FOR MAINLINE PATROLLING,
INTELLIGENCE AND ANCILLARY ACTIVITIES IN PHBPL RIGHT
OF WAY (ROW) UNDER PHBPL BARAUNI JURISDICTION IN
BIHAR & JHARKHAND STATE
Tender No. BK/TS/970/2023-24/22

3.0.0 BRIEF DESCRIPTION OF WORK


3.1.0 Providing Fifteen (15) nos. of Unarmed DGR Security Guards, Two (02) nos of Armed
DGR Security Guards & Three (03) nos. of Supervisors for Mainline Patrolling,
Intelligence and Ancillary Activities in PHBPL Right of Way (ROW) under PHBPL
Barauni Jurisdiction in Bihar & Jharkhand State.

Tender Number:- BK/TS/970/2023-24/22


Special Instruction to Tenderers Page 2 of 4
Section A (Technical)
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

CHAPTER – I : SPECIAL INSTRUCTION TO TENDERERS


[SECTION-B - COMMERCIAL]

1.0.0 TENDER DOCUMENTS


1.1.0 The tender documents include the following;
Part No. Contents
Part-A TECHNO-COMMERCIAL BID
 Notice Inviting Tender
 [CHAPTER-I] Special Instructions to Tenderers (SIT)
- Section-A - Technical
- Section-B - Commercial
 [CHAPTER-II] General Conditions of Contract (GCC)
 [CHAPTER-III] Special Conditions of Contract (SCC)
- Section-A - Technical
- Section-B - Commercial
 Annexures Technical bid
 Annexures Commercial bid
 Technical Specifications
 Drawings
Part-B PRICE BID
 Schedule of Rates (SOR)/ Bill of Quantity (BoQ)

1.2.0 Owner has hosted the complete tender document on the website
(https://iocletenders.nic.in) and has ensured its availability for downloading the full set
comprising the above mentioned contents. The Bidder is expected to download the
complete tender document only from the above mentioned website, i.e.
https://iocletenders.nic.in, as per the index of the tender, fully read and understood the
same and submit their acceptance to all tender terms and conditions as per proforma in
Annexure-1. Bidder may note that Schedule of Rates attached with the tender documents
are to be filled only in the Excel file named BoQ (Bill of Quantity).

Bidder shall also ensure that Bids are based strictly on the terms, conditions and
specifications contained in the Tender document. Bidders shall submit their bid as per
instructions given in Clause No. 5.2.0, 5.3.0 and its sub-clauses. Any deviation and
exceptions taken to terms and conditions of the tender documents must be clearly listed
out and submitted along with techno-commercial part of the offer as per proforma in
Annexure-2.

1.3.0 The Bidder is expected to examine the tender documents, including all instructions,
specifications and drawings. Failure to furnish all the information, required as per the
tender documents, or submission of bid not in consonance to the tender document, may
render the bid liable for rejection. Refer Clause No. 10.7 of Instruction to Tenderers of
General Conditions of Contract and Clause No. 7.12.0 of this section of document for
further details.

1.4.0 The tender documents shall remain the exclusive property of the Owner without any right
of the Bidder to use them for any purpose except for the purpose of tendering and for use

Tender No. BK/TS/970/2023-24/22


Special Instruction to Tenderers [Section-B (Commercial)] Page 4 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

by the successful Bidder with reference to the work.

1.5.0 Any person/ Bidder downloading the tender document from Owner’s website or
purchasing it shall do so in strict confidence and shall not part with possession thereof or
copy or disclose the provision thereof or any of them or disclose or take copies or tracings
of any drawings, plans or routes forming part thereof, it being understood that the
information therein are confidential and that the tender documents have been downloaded
or purchased by the eligible Bidder solely for the purpose of bidding.

1.6.0 The tender document is non-transferable.


1.7.0 Consultant appointed for the project/ job is not allowed to participate in the tender either
directly or indirectly. An indirect participation shall include participation through an
affiliate or their subsidiary company or companies under the management of consultant or
as a sub-contractor, consultant or supplier. The expression ‘affiliate’ for the purpose of this
clause will include any person, or company or association (howsoever designated) who/
which is a member of the consulting agency (if the consultant is a joint venture or
consortium or who or which directly or indirectly holds 10% (ten percent) or more of the
capital or voting capital of consultant (if the consultant or any of its members is a company
or a body corporate) or who or which is a consultant or sub-contractor of the consulting
agency with regard to the project. Such bids shall be rejected.
1.8.0 Tenders submitted in any other form (Fax/ e-mail/ Courier/ Post/ Hard copy, etc.) will
not be accepted.
1.9.0 Commercial Annexures of SIT (Section B- Commercial) in the form of excel have been
uploaded with the tender. Bidders are requested to upload the filled excel file along
with their offer. Please note that all Commercial Annexures need to be filled before
uploading the excel file. Bidder to refer to excel file for Annexure Commercial regarding
detailed instructions. In case of wrong submission or blank submission, IOC reserves
the right to complete the evaluation, with or without seeking any additional supporting
documents/ clarifications.
1.10.0 Bidders are advised to attend the Pre bid meeting for the tender (if any) and shall upload
the queries on the Seek Clarification module of the e-tender portal only within the fixed
time frame. No query shall be entertained after the time limit for uploading query on the
portal has expired. Kindly refer Clause No 10.0.0 of SIT (Commercial) for additional
details.
2.0.0 PRICE OF TENDER DOCUMENT
2.1.0 No Tender fee is applicable for the e-tenders, since the Bidders are required to download
the tender documents from IOCL e-tender website (https://iocletenders.nic.in).
For physical (Legacy) tenders, the applicable fee shall be deposited by the Bidder.
3.0.0 COST OF BIDDING
3.1.0 The Bidder shall bear all costs associated with the preparation and submission of his bid
and Owner in no case will be responsible or liable for these works, regardless of the
outcome of the bidding process.
4.0.0 LANGUAGE OF BID
4.1.0 The bid prepared by the Bidder including all documents(s) such as work order(s),
drawing(s), certificate(s), literature, annexure(s) etc. shall be in English language only. The

Tender No. BK/TS/970/2023-24/22


Special Instruction to Tenderers [Section-B (Commercial)] Page 5 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

correspondence(s)/covering letter relating to the bid exchanged by the Bidder and the
Owner shall be in English/ Hindi language.
In case, supporting document(s) and correspondences furnished by the Bidder are in
language other than English, the same should be accompanied by an English translation
duly authenticated as mentioned at Clause No. 5.2.1 (A) (I). For the purpose of
interpretation of the bid, the English language shall prevail.
5.0.0 SUBMISSION OF TENDER
5.1.0 Bids may be submitted by entities defined in Clause No. 8.0.0 of this section.
5.1.1 Bidders shall quote for the work subject to their meeting the criteria for evaluation
specified in Clause No. 8.0.0 (For Technical: Section-A) and Clause No. 9.0.0 of this
document (Commercial: Section B).
5.1.2 Deleted

5.1.3 The vendor shall follow the instructions listed under “Bid Submission process” under
“Bidders manual Kit” section available in the homepage at the site. The Owner shall not be
responsible for delayed submission of offers or non-submission of offers due to any reason
whatsoever including any technical problem. The responsibility of ensuring online and on-
time submission of their offers lies entirely with the Bidders.
5.1.4 The Tender shall be submitted in “two bid system” in two parts, viz., PART-A (Techno-
commercial Bid) and PART-B (Price Bid) as detailed below through online mode only for
e-tenders.
PART – A : Technical and commercial aspects of the offer of the
(Techno-commercial tender documents with NO PRICE indicated therein.
Bid) Indicating price in the techno-commercial bid may
render the offer liable for rejection.
PART – B : It shall be noted that this part shall contain only
(Price Bid) PRICES and no conditions whatsoever. Any condition
mentioned in Part-B of the tender shall not be
considered at the time of evaluation of the tender and
may make the offer liable for rejection.
5.1.5 All Amendments to tender documents issued by Owner subsequently, if any, must be
signed and submitted along with the Bid. The Bid submitted by the Bidder shall take into
account all such amendments.
5.1.6 The tender shall be completely filled in all respects with requisite information and
annexures strictly in the order indicated in Clause No. 5.2.0 and 5.3.0. Incomplete tender(s)
not supported by requisite documents may not be considered. Decision of the Owner, in
this regard, shall be final and binding on the Bidder.
5.1.7 The Bidder shall be deemed to have satisfied himself before submitting the bid, with
regards to the correctness and sufficiency of the tender and of the rates stated in the
Schedule of Rates and BoQ, which shall cover all his obligations under the Contract and all
matters and things necessary for proper completion of the works.
5.1.8 Each Bidder can submit only one bid in a tender/ group.
It is clarified that a Person shall be deemed to have submitted multiple bids if he submits
more than one bid, either individually or in any combination of person (individual
capacity, proprietor, affiliates, partnership, association of persons, company/ association
of Companies/ Consortium (including Unincorporated Joint Venture)/ Incorporated Joint
Venture). All such multiple bids in a tender / group shall be liable for rejection.

Tender No. BK/TS/970/2023-24/22


Special Instruction to Tenderers [Section-B (Commercial)] Page 6 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

It may be noted that:


a) A company shall for this purpose include any artificial person whether constituted
under the laws of Indian or of any other country.
b) A Person shall be deemed to have bid in a partnership format or in association of
persons format if he is a partner of the firm which has submitted the bid or is a
member of any association of persons which has submitted a bid.
c) A Person shall be deemed to have bid in a Company format if, the person holds more
than 10% (ten percent) of the voting share capital of the company which has submitted
a bid, or is a Director of the Company which has submitted a bid, or holds more than
10% (ten percent) of voting share capital and/or is a Director of a holding Company
which has submitted the bid.
d) Affiliates of a firm are not permitted to make separate bids directly or indirectly. Two
or more parties who are affiliates of one another can decide which affiliate will make
the bid. Only one affiliate may submit a bid. If two or more affiliates submit more than
one bid, then all such bids shall be liable for rejection.
5.2.0 PART-A (TECHNO-COMMERCIAL BID)
5.2.1 COMMERCIAL BID
(A) FOLDER No. I – QUALIFICATION DOCUMENTS
The Bidders are required to upload a scanned copy of following documents:
(I) Details of experience as per Annexure-3 meeting experience (Commercial) as per
Clause No. 9.0.0 of this section along with relevant documents, such as copies of
Work Order(s) and Completion Certificate(s), supporting their credentials.
All supporting documents in English language and English translation of any other
documents submitted by foreign Bidder, as evidence of meeting qualification
criteria, shall be certified true copies duly signed, dated and stamped by an official
authorised for the purpose in Indian embassy/ High commission in Bidder’s
country OR certification by local chamber of commerce.
In case, any Indian Bidder submits work order and completion certificates in
English language and English translation of any other documents from foreign
country, such documents shall be certified true copies duly signed, dated and
stamped by an official authorised for the purpose in Indian embassy/ High
commission in client’s country OR certification by local chamber of commerce.
(II) Audited Financial Statement including Auditors reports, Audited Balance Sheet,
Profit & Loss Account, Notes, Annexures (if any), etc. for the last 3 (three) financial
years for meeting the annual turnover and net worth (if applicable), as per Clause
No. 9.0.0.In case of Consortium (including unincorporated Joint Venture), the
Financial Results shall be furnished by all the Consortium (including
unincorporated Joint Venture) members.
(III) Deleted.
(IV) Earnest Money Deposit as per Clause No. 7.0.0 in this section.

Bidder shall ensure that all the documents uploaded in e-tender portal are complete and
legible. Submission of incomplete and/ or illegible documents may lead to rejection of
bid.

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Special Instruction to Tenderers [Section-B (Commercial)] Page 7 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

Notwithstanding any other condition/ provision in the tender documents, Bidders are
required to submit complete documents pertaining to Pre-Qualification Criteria (PQC)
along with their offer. Failure to meet the PQC will render the bid to be rejected. IOC
reserves the right to complete the evaluation based on the details furnished by the
Bidder, with or without seeking any additional supporting documents/ clarifications.
(B) FOLDER No. II COMMERCIAL BID
The Bidders are required to upload a legible scanned copy of the following documents:
i) Acceptance of terms and conditions of Techno-commercial volumes of the tender
documents including SOR along with tender forwarding letter duly filled as per
Annexure-1. Bidder shall also confirm that they have quoted for all items of the
BoQ/ SOR.
ii) Deleted
iii) Documents in favour of authorised signatory of the tender having a valid Digital
signature Certificate (DSC) and valid Power of Attorney.
The Power of Attorney (POA) shall be clearly evidenced by submitting Board
resolution for authorization in favour of person signing the bid.
Authorized signatories are defined as under
(a) Proprietary firm: Proprietor of the firm himself or power of attorney holder
(Attested/ notarised copy to be submitted on stamp paper of appropriate value).
Proprietor will also upload undertaking certifying that he is sole proprietor on
stamp paper of appropriate value.
(b) Partnership firm/ LLP: All the partners or a partner holding power of attorney
or a power of attorney holder for signing the tender (Attested / notarised copy
of power of attorney, partnership deed/ LLP agreement and current address of
all the partners to be submitted on stamp paper of appropriate value).
(c) Private or Public Limited Company or Incorporated Joint Venture: Power of
attorney holder (Attested/ notarised copy of power of attorney on stamp paper
of appropriate value, Articles of Association, memorandum of understanding
also to be submitted).
Certified copy of Board Resolution authorising the person submitting the bid on
behalf of the company is also be submitted.

(d) Consortium (including Unincorporated Joint Venture) (if applicable as per


clause no 8.1.0 (b) of SIT Section B (Commercial)): An authorised
representative of Consortium (including unincorporated Joint Venture)
members having power of attorney signed by legally authorised signatories of
all the Consortium members. Also, Duly signed and executed Memorandum of
Understanding (MOU) in original duly notarised indicating the name of the
Leader/ Prime Member of the Consortium (including unincorporated Joint
Venture), the roles and responsibilities of each of the parties shall accompany
the Tender. Articles of Association, memorandum of understanding of all the
members is to be submitted.
iv) Commercial Exceptions/ deviations pertaining to Special Instructions to Tenderers,
General Conditions of Contract (GCC), Special Conditions of Contract (SCC) and
other general tender conditions to be indicated only as per Performa in Annexure-2.
In case bidder has any deviations, bidder shall mention them in a separate sheet
whose format shall be as per Annexure -2. Any exceptions / deviations listed

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Special Instruction to Tenderers [Section-B (Commercial)] Page 8 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

anywhere shall not be considered during evaluation of the Bid if the bidder has
submitted “NIL deviations” in the excel sheet for Annexure-2 .
v) Duly filled Statement of Credentials (Annexure-3) along with all supporting
documents.
vi) Deleted
vii) Declaration for Net Worth, (if applicable) as per Annexure-5 (Not applicable for this
tender) along with membership No. of any Practicing Chartered Accountant and
UDIN No. Bidder to ensure that the contents of Annexures -5 are the same as
uploaded on the UDIN verification website against the mentioned UDIN no. This
certificate is to be uploaded separately in the techno commercial bid duly signed
and stamped.
viii) The Bidder shall submit the rate of Goods and Services tax (Goods and Services Tax)
along with HSN/SAC codes in Annexure-8 considered for this job as per details
mentioned in Special Condition of Contract (Commercial) Clause No. 6.3.2. Bidder
shall also submit a copy of certificate containing Goods and Services tax Registration
Number.
ix) The Contractor shall get their name registered as per tax law of the State where the
work is to be executed. The Contractor shall be responsible for procurement of
material in its own registration (GSTIN etc.) and also to issue its own Road Permit/ E
Way bill etc., if any. The Contractor shall submit a copy of the certificate containing
GSTIN etc.
x) Declarations pertaining to Integrity pact Agreement (format attached in the tender),
if applicable as per Clause no 13.0 of SIT (Section B Commercial) shall be submitted
with Seal and Signature of the Bidder.
xi) Declaration of Black listing/ Holiday Listing in the prescribed format as given in
Annexure-9.
xii) Certificate regarding restriction of Bidder from the country sharing border with India
and for tenders involving possibility of subcontractor as per Annexure-10 (Not
applicable for this tender)
xiii) Form of Tender for Commercial Bid, duly filled as given in Annexure-11.
xiv) Form of Tender for Price Bid duly filled as given in Annexure-12.
xv) Information regarding the Bidder in Annexure-13.
xvi) Declaration of relationship with directors of IOCL as per Annexure-14.
xvii) Declaration on proceedings under Insolvency and Bankruptcy Code, 2016 as per the
proforma at Annexure-15 (Not applicable for this tender)
xviii) An undertaking in support of not being under liquidation, court receivership or
similar proceedings as on the bid submission date (Annexure-16) (Not applicable for
this tender). Failure to do so will result in bids not being considered for evaluation.
If there is any change in status prior to the award of work, the same has to be
promptly informed to Owner by the Bidder. Concealment of the facts shall
tantamount to misrepresentation of facts as per Clause No. 5.4.0 and sub-clauses and
shall lead to action against such Bidders.
xix) Declaration as per proforma given in Annexure-17 regarding Non-engagement of
child labour

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Special Instruction to Tenderers [Section-B (Commercial)] Page 9 of 33
CHAPTER – IB

SPECIAL INSTRUCTIONS TO TENDERERS


[SECTION-B – COMMERCIAL]
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

d) The Bidders shall quote “At Par” percentage in the BOQ


e) The Bidder shall quote in percentage (limited to a maximum of 2 decimal places)
“At Par” on the rates indicated in the Schedule of Rates annexed to the "Part-II:
Price Bid" of tender documents. In case rates are quoted to more than 2 decimal
places then, the amount quoted towards the tender shall be worked out for the rates
quoted to first 2 decimal points without rounding off. The “Percentage” quoted by
the Bidder shall be applicable uniformly to all the rates of the items indicated in
Schedule of Rates.
f) Only "Bidder Name", "At Par" & "Percentage" are to be filled by the bidder in the
designated "Sky Blue Cells".
g) “At Par” can be selected from the dropdown menu by clicking on the cell.
h) Bidders are advised strictly not to alter or change the BOQ format/ contents. Bidders
are also advised not to paste any image file or put any additional conditions in the
BOQ worksheet.
i) Rates quoted shall be inclusive of all taxes and duties, but exclusive of service tax
which shall be paid extra as applicable, upon submission of service tax invoice.
j) Do not insert any additional sheet and any condition in BOQ sheet. Please do not
temper the BOQ sheet.
k) The scope of work under the subject tender is of indivisible nature and shall be
awarded to a single agency only.
5.3.7 The price quoted under each head shall include all costs towards equipment, labour and
laboratory back-up, logistics, transport, travel and stay arrangements and other incidentals
including supply of materials as may be necessary for rendering the services in totality as
per detailed specifications.
5.3.8 For supply of indigenous/imported items under the scope of the contractor, the rates
quoted by the Bidder shall be all inclusive for delivery of material at site (FOR/DDP
destination basis). It shall include the basic cost, all applicable taxes and duties (excluding
Goods and Services Tax), inspection charge, transportation charges, transit insurance,
auxiliary taxes,octroi,(wherever applicable),etc.
5.3.9 Deleted.
5.3.10 The price offered by the Bidder shall not appear anywhere in any manner in the
Technical Bid. Indicating price in the techno-commercial bid may render the offer liable
for rejection.
5.4.0 Submission of forged/ false/ fake documents/ misrepresentation of facts:
5.4.1 In partial modification of Clause No. 4.17 of “Instructions to Bidders” appended to GCC,
the Bidder shall enclose documents to show that he has previous experience in having
successfully completed in the recent past, works of similar nature together with the name
of the client and/ or end customer, location, sites and value of contract in the format
(Annexure-5) annexed to the Form of Tender. It shall be the responsibility of the Bidders
to fill complete, correct and accurate information in line with the requirements/
stipulations of the Tender Document, regarding their past experience and other
information required to facilitate due evaluation/ consideration of their tenders.
5.4.2 If any information given by the Bidder is found to be incorrect in any particular manner,
considered by the OWNER to be relevant for the evaluation of the bid/ tender, or is found
to misrepresent facts, or if any of the documents submitted by the Bidder in support of or
relevant to the bid/ tender is found to be forged, false or fabricated, the OWNER may
reject the bid. Further, without prejudice to any other right(s) of action or remedy available

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Special Instruction to Tenderers [Section-B (Commercial)] Page 11 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

to the OWNER, the Owner may forfeit the Earnest Money Deposit or Bank Guarantee in
lieu of Earnest Money Deposit in order to compensate the OWNER and take action for
putting the Bidder on holiday list for such period as the OWNER in this behalf
considers warranted and/ or to remove the Bidder from the approved list of Vendors/
Contractors. If prior to the discovery of incorrect information, misrepresentation or false,
forged or fabricated document(s), the bid/ tender has resulted in a contract, the contract
shall be liable to be terminated by the OWNER pursuant to the provisions of Clause
7.0.1.0 of the General Conditions of Contract with the consequences of termination as
provided in Section 7 of the General Conditions of Contract.
5.5.0 Submission of the information and details shall be done strictly in the manner described.
In case the relevant data/ details/ information in respect of the above is not furnished in
the techno commercial part (Part-A), the tender may be rejected.
5.6.0 Bids complete in all respects should be submitted on or before due date and time of last
date of Bid submission. The Bids submitted online in Owner’s e-tendering site
https://iocletenders.nic.in will only be considered for evaluation.
6.0.0 VALIDITY OF OFFER
6.1.0 Tender submitted by the Bidder shall remain valid and open for acceptance for a period of
4 (four) months from the date of opening of Techno-commercial part of the tender. The
rates quoted in the BoQ shall remain firm during the validity period. The Bidder shall not
be entitled to modify, vary, revoke or cancel his bid during the said period. In case of
Bidders modifying, varying, revoking or cancelling his bid, the Earnest Money paid by
them shall be liable to be forfeited.
6.2.0 In exceptional circumstances, prior to expiry of the original bid, the Owner may request
the Bidder for a specified extension in the period of validity. The request and the responses
thereto shall be made in writing or by fax/ e-mail. A Bidder may refuse the request
without getting his bid security (EMD) forfeited. A Bidder agreeing to the request will not
be permitted to modify his bid, but will be required to only extend the validity of his EMD
correspondingly. The provisions of discharge and forfeiture of EMD shall continue to
apply during the extended period of the validity.
7.0.0 EARNEST MONEY DEPOSIT (EMD): ( NOT APPLICABLE)

7.1.0 The Bidder shall furnish Earnest Money Deposit, at the time of submission of the bid, as
mentioned below:
EMD not applicable
7.1.1 For payment of EMD, Bidder shall adopt one of the following process for its submission
of EMD:-
(a) For Indian Bidders:

Sl no Instrument / Process
category
Bidder shall choose “Net Banking” option and click the
1 Net banking
submit button, which will redirect the Bidder to payment
gateway where he shall choose his bank and proceed to pay
the EMD. After successful payment, system will bring him
back to e-Tendering portal for further submission of offer.
Bidders shall choose “NEFT/RTGS/IMPS” option and click
2 NEFT/RTGS/IMPS
the submit button. On next page he shall get the option to

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Special Instruction to Tenderers [Section-B (Commercial)] Page 12 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

download NEFT/ RTGS challan (ICICI NEFT/ RTGS form)


having unique bank account number for that particular
EMD. Bidder shall pay NEFT/ RTGS/IMPS as per details in
generated challan either using online banking or by visiting
his bank branch.
Bidder shall select YES against EMD exemption and shall
3 BG – Bank
select exemption type as “Percentage”.
Guarantee
Bidder shall enter 100 in Percentage/ Amount field.
(Refer Clause No. Subsequently Bidder shall upload the scanned copy of
7.3.0 and 7.4.0) “Bank Guarantee (BG)” in the space provided for uploading
EMD exemption document

Bidder shall select YES against EMD exemption and shall


4 Exempted
select exemption type as “Percentage”. Bidder shall enter
Category (General)
100 in Percentage/ Amount field. Subsequently Bidder shall
(Refer Clause No. upload the scanned copy of supporting EMD exemption
7.8.0) document in the space provided for uploading EMD
exemption document.

Bidder shall select YES against EMD exemption and shall


5 Partial Exempted
select exemption type as “Fixed. Bidder shall calculate the
Category
exemption amount (i.e. Total EMD amount – EMD amount
payable by the Bidder) and enter the same in
Percentage/Amount field. Subsequently Bidder shall
upload the scanned copy of the document specifying the
reason for claiming such exemption. (e.g. In case of
transportation tender, Bidder shall mention the nos. of
vehicle(s) the Bidder is going to offer and EMD payable by
him for that Tender within the document itself.)
Bidder shall select YES against EMD exemption and shall
6 Insurance Surety
select exemption type as “Percentage”.
Bonds
Bidder shall enter 100 in Percentage/ Amount field.
Subsequently Bidder shall upload the scanned copy of
“Insurance Surety Bonds” in the space provided for
uploading EMD exemption document

EMD payment through Demand Draft (DD), Bankers Cheque (BC) and Swift Transfer
(ST) shall not be accepted.

7.1.2 To facilitate the Bidders, Special Instructions to the Bidder (SITB)”and “FAQs - Online
EMD Facility in IOCL e- Tendering” documents are also uploaded in e-Tendering portal
are. These documents contain detailed process and precautions to be taken for EMD
submission by the Bidders.

7.1.3 Bidders shall note that the proof of submission of EMD must be provided through e-mail
at the email ID mentioned in the detailed NIT so as to reach the tender issuing/
submission authority on or before the bid submission date. In case Bidder is exempted as
per provisions of Clause No. 7.2.0, then Bidder must send the relevant copy/
documentary evidence for EMD exemption on or before bid submission date at the email
ID of tender issuing authority.

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Special Instruction to Tenderers [Section-B (Commercial)] Page 13 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

ABBREVIATIONS
BC Bankers Cheque
BG Bank Guarantee
BOQ Bill of Quantity
BQC Bid Qualification Criteria
CEO Chief Executive Officer
CFO Chief Financial Officer
DIC District Industries Centres
EMD Earnest Money Deposit
FEMA Foreign Exchange Management Act
GCC General Conditions of Contract
GST Goods and Services Tax
IFSC Indian Financial System Code
INR Indian Rupee
IOCL Indian Oil Corporation Limited
ITT Instruction to Tenderers
IPA Integrity Pact Agreement
JV Joint Venture
KVIC Khadi and Village Industries Commission
LLP Limited Liability Partnership
LOA Letter of Acceptance
MoP&NG Ministry of Petroleum and Natural Gas
MOU Memorandum of Understanding
MSE Micro and Small Enterprise
MSMED Micro, Small And Medium Enterprises Development Act
NEFT National Electronics Funds Transfer
NIT Notice Inviting Tender
NSIC National Small Industries Corporation
PAN Permanent Account Number
POA Power of Attorney
PPLC Purchase Preference Linked to Local Content
PQC Pre Qualification Criteria
RBI Reserve Bank of India
RTGS Real Time Gross Settlement
SBI State Bank of India
SCC Special Conditions of Contract
SIT Special Instruction to Tenderers
SWIFT Society for Worldwide Interbank Financial
Telecommunication
TDS Tax Deducted at Source
SFMS Structured Financial Messaging System
TT Telegraphic Transfer
UDIN Unique Document Identification Number
FOR Freight on Road
DDP Delivered duty paid

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Special Instruction to Tenderers [Section-B (Commercial)] Page 3 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

In case of foreign Credit rating of ‘A’ of Credit rating of ‘P-1’ of


banks Moody’s or equivalent Moody’s or equivalent
i.e. highest short term
rating
In case of Indian Credit rating of ‘ÁA’ of Credit rating ‘Á1+’ of
Banks CRISIL or equivalent CRISIL or equivalent i.e.
highest short term rating

(c) Apart from the above, irrespective of its amount, BG issued by any other bank
including non-scheduled banks, foreign branches of scheduled banks and foreign
branches of foreign banks, can be accepted provided such BG is counter guaranteed by
any Bank mentioned at (b) above.

(d) Merely signing or endorsing or forwarding the BG by the scheduled bank does not
amount to counter guaranteeing. A proper document executed on a non-judicial stamp
paper of appropriate value with specific reference to the BG being counter guaranteed,
is essential.
(e) In case of acceptance of BG issued or counter guaranteed by a Bank mentioned at para
(b) ii above, the credit rating of such Bank falls below the Desired Credit Rating during
the validity period of BG, the Bidder/contractor shall either submit a fresh BG issued
by the other bank with required credit rating or get the existing BG counter
guaranteed, at its own cost, through a bank mentioned above at (b) [having at least
Desired Credit Rating, if applicable].
(f) Bidders shall ensure that IFSC and SWIFT Code of IOCL’s Bank as mentioned at
Clause No. 7.2.0, is submitted to the Bidders bank while opening the EMD BG, so that
BG confirmation is transmitted through SWIFT Message to IOCL’s Bank under SFMS
System.
7.5.0 Bidders must ensure that the text of bank guarantee submitted towards bid security
(EMD) shall be strictly as per the format for BG in lieu of EMD as given in Annexure-8 of
Annexure (Commercial). In case of a deviation/ variation, necessary amendment shall be
sought from the Bidder.
7.6.0 In the case of Consortium (including unincorporated Joint Venture), the EMD shall be
furnished by the Consortium (including unincorporated Joint Venture) or Leader/ Prime
Member of the Consortium (including unincorporated Joint Venture).
7.7.0 Further to provisions of Clause 4.19 and Clause 5.0 at page 122 & 123 of Instructions to
Tenderers of General Conditions of Contract, Bidders shall note that in case an Indian
Company, otherwise eligible for exemption from submission of EMD as per Government
of India Guidelines, submits a bid as a Consortium (including unincorporated Joint
Venture) with another company, then the EMD must be submitted with the offer

7.8.0 Entities exempted from submission of EMD:


7.8.1 To promote Micro and Small Enterprises, EMD is exempted by IOCL for such entities
registered with following agencies/ bodies under Ministry of Micro, Small and Medium
Enterprises, Govt of India, irrespective of the Services/ Materials for which they are
registered with the said agencies/ bodies:
a) District Industries Centres (DIC)
b) Khadi and Village Industries Commission (KVIC)

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Special Instruction to Tenderers [Section-B (Commercial)] Page 15 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

c) Khadi and Village Industries Board


d) Coir Board
e) National Small Industries Corporation (NSIC)
f) Directorate of Handicraft and Handloom
g) Udyog Aadhar Memorandum
h) Any other body specified by Ministry of MSME

7.8.2 If the Bidder is a Micro or Small enterprises as per the Micro, Small & Medium Enterprises
Development Act, 2006 (MSMED Act 2006) with latest amendments and registered with
the Authorities under the above Act for any items/ services, then Bidder has to indicate
the Entrepreneurs Memorandum Number (Twelve digit) and enclose a copy the certificate
issued by the Authorities under the Micro, Small & Medium enterprises Development Act
2006.
7.8.3 Further, Ministry of MSME vide Gazette notification no. CG-DL-E-26062020-220191 dated
26.06.2020 had notified certain criteria for classifying the enterprises as Micro, Small and
Medium Enterprises and specified form and procedure for filling the memorandum
(Udyam Registration) w.e.f.01.07.2020 (for complete details of policy refer website of
Ministry of MSME i.e:https://msme.gov.in/).
Accordingly, Micro and Small Enterprises (MSEs) shall also be required to submit Udyam
Registration Certificate for availing benefit under Public Procurement Policy for MSEs-
2012.
Latest Gazette of India notification CG-DL-E-06052022-235600 dated 06.05.2022 for validity
of EM Part-II or UAM(Udyog Aadhar Memorandum) expired on 30.06.2022. Bidder to
submit the UDYAM registration certificate for availing benefit under Public Procurement
Policy for MSes-2012. Any Amendments issued after 30.06.2022 by GOI for validity of EM-
part II or UAM(Udyog Aadhar Memorandum) shall prevail.
7.8.4 The registration for MSE vendors shall be valid as on the Techno-Commercial bid opening
date.
7.8.5 Other agencies exempted from submission from EMD
i. Public sector Undertakings of Central/ State Government
ii. Joint Ventures of IOC
iii. Registered Start-up entities Start Up Entities registered with GOI

7.9.0 No interest or any expense whatsoever will be payable by owner on the EMD
furnished by bidder in any manner.
7.10.0 EMD of the successful BIDDER will be discharged after the bidder has signed the
agreement and furnished the required Initial Security Deposit/ Security Deposit.
Alternately, the same may be adjusted against Initial Security Deposit, if requested by
such Bidder.
7.11.0 EMD of the unsuccessful foreign Bidders shall be released in their respective bank
accounts through e-banking. The Bidders shall provide their bank details in the format as
per Annexure-23 for the said purpose.
7.12.0 Bids submitted without EMD may be considered as “NON-RESPONSIVE” and shall be
liable for REJECTION. The decision of the Owner, in this regards, shall be final and
binding on the Bidder(s).
7.13.0 The EMD may be forfeited:
a) If a bidder withdraws his bid during the period of bid validity;

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Special Instruction to Tenderers [Section-B (Commercial)] Page 16 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

b) If L-1 bidder backs out after opening of price bids;


c) In the conditions as defined at Clause No. 20.5.0 of Section-B(SIT-Commercial)
d) In case the Bidder misrepresents facts or submits forged, false or fabricated
documents as detailed in Clause 5.4.0 above OR
e) In the case of a successful bidder, if he fails within the specified time limit to:
i) sign the agreement, or
ii) deposit the required initial security deposit
iii) commence work at each job site within 10 (ten) days of handing over the job or any part
thereof to him

8.0.0 BIDDING ENTITY


8.1.0 Bids may be submitted by:
a) Sole Bidder: Individual (Proprietary)/ Partnership/ Limited Company/ An
incorporated Joint Venture Company;
b) Consortium (including an unincorporated Joint Venture) having a maximum of two
members;
c) Wholly owned Indian subsidiary of a Foreign or Indian company on the strength of its
parent company
Any Bidder from a country which shares a land border with India will be eligible to bid in
this tender, only if it is registered with the competent authority (Refer Clause No. 8.5.0 for
further details)
Bidder shall submit the details as per Annexure-1 mentioning the nature of their bidding
entity. Any change in the nature of bidding entity at a later stage would tantamount to
alteration of bids and would attract the provision under Clause No. 5.4 of Instruction to
Tenderer of GCC and associated sub-clauses.
8.1.1 Deleted
8.2.0 Sole Bidder
Sole Bidder shall fulfill Eligibility Criteria as specified in the Experience Criteria (technical)
at per Clause No. 8.0.0 of Section-A of SIT and Experience criteria (commercial) defined
at Clause No. 9.0.0 of Section-B of SIT and its sub-clauses.
8.3.0 Consortium (including an unincorporated Joint Venture) Bidders
Bids submitted by a Consortium (including unincorporated Joint Venture) of maximum
two companies (One Leader/ Prime Member and one member), shall comply with the
following requirements:
(a) For National tenders, both members of the Consortium (including unincorporated
Joint Venture) shall be companies/ firms incorporated and registered in India as
per the Companies Act, 1956 or Partnership Act, 1932 or Shop and Establishment
act and subsequent amendment of these Acts prevailing in India, as the case may

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Special Instruction to Tenderers [Section-B (Commercial)] Page 17 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

be. The companies shall also comply all other relevant statutory norms prevailing
in India.
(b) Detailed Consortium agreement clearly indicating the roles and responsibilities of
each member of the Consortium (including unincorporated Joint Venture), shall be
submitted along with the offer. The Consortium agreement shall be signed by an
authorised representatives of consortium members and submitted so as to be
legally binding on all the members jointly and severally. The authorization will be
clearly evidenced by submitting the Article of Memorandum of both the
companies, Board resolutions for authorization in favour of persons signing the
consortium agreement.
(c) The detailed Consortium Agreement also consisting of responsibility matrix of
members of Consortium (including unincorporated Joint Venture) members, not
limited to the following shall be furnished along with the bid:
i. Division of work: The division in scope of job between Consortium (including
unincorporated Joint Venture) members shall be commensurate with their
past experience along with deployment of technical manpower and
equipment by each member of Consortium (including unincorporated Joint
Venture).
ii. Declaration that the overall Project Management shall be performed by the
Leader/ Prime Member of the Consortium (including unincorporated Joint
Venture).
iii. Declaration that experienced technical personnel from Leader/ Prime
Member of Consortium (including unincorporated Joint Venture) will be
stationed at job site to provide technical support during execution of field
jobs.
iv. The Leader/ Prime Member of Consortium (including unincorporated Joint
Venture) will ensure deployment of requisite equipments required for
undertaking the different jobs as per tender requirements.
v. Declaration that overall responsibility for execution of entire job under the
contract shall be with the Leader/ Prime Member of Consortium (including
unincorporated Joint Venture).
vi. Declaration that both the members of Consortium (including unincorporated
Joint Venture) are jointly and severally responsible in terms of tender.
vii. Declaration that Leader/ Prime Member of Consortium (including
unincorporated Joint Venture) member will provide all technical and
technology support to the Consortium (including unincorporated Joint
Venture).
(d) The Consortium (including unincorporated Joint Venture) shall nominate one of
their members to act as the Leader/ Prime Member of the Consortium (including
unincorporated Joint Venture). The tender along with other submittals shall be
signed by the authorised representatives of Leader/ Prime Member and Member of
Consortium (including unincorporated Joint Venture) as defined in Clause No.
8.1.0 (b) above. The bid shall be submitted/ uploaded on e-tender portal by the
authorized representative of the Leader/ Prime Member using his DSC, which
shall be legally binding on both the members, jointly and severally.
(e) In case, the Consortium (including unincorporated Joint Venture) is awarded the
job, a duly executed and Notarised Consortium (including unincorporated Joint

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Special Instruction to Tenderers [Section-B (Commercial)] Page 18 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

Venture) Agreement shall be submitted before signing of Contract agreement with


the Owner.
(f) All correspondences for execution of job will be made with the Leader/ Prime
Member of Consortium (including unincorporated Joint Venture). Further, Leader/
Prime Member of Consortium (including unincorporated Joint Venture) is to
ensure its presence in progress review meetings whenever called for by the Owner.
(g) The Consortium (including unincorporated Joint Venture) Leader/ Prime Member
shall be authorised to incur liabilities and receive instructions for and on behalf of
all members of the Consortium (including unincorporated Joint Venture).
Payments shall be done, to either the Leader/ Prime Member or to the other
Consortium (including unincorporated Joint Venture) member as per the Detailed
Consortium (including unincorporated Joint Venture) agreement.
(h) It is specifically agreed by the Consortium (including unincorporated Joint
Venture) Members that in the event of the Leader/ Prime Member of the
Consortium (including unincorporated Joint Venture) running into any financial
problem and/ or otherwise fails to comply with any of Leader’s/ Prime Member's
obligations under the Contract at any time, other Member shall fully undertake
total responsibility to provide all necessary financial resources for the project and
shall comply with all the obligations of the Leader/ Prime Member under the
Contract, in addition to his own obligations, for completing the project in time,
without prejudice to the joint and several responsibilities of the Member and the
Leader/ Prime Member.
(i) Failure to honour the commitment as per Responsibility matrix, will attract all
actions including but not limited to those defined under General Conditions of
Contract Clause No. 4.7.3.0, 4.7.4.0, 7.0.0.0, and /or holiday listing of Consortium
(including unincorporated Joint Venture), Leader/ Prime Member and the other
Member.
(j) Any entity can either bid singly or as a Member of only one Consortium (including
unincorporated Joint Venture)
8.4.0 Wholly owned Indian Subsidiary of a Foreign/ Indian Company:-
Following shall be complied and necessary documents from Parent Company shall be
submitted:
(a) Details of mode of job execution, manpower, machinery deployment shall be
submitted at the time of bid. Responsibility matrix of Parent company and bidding
subsidiary, not limited to the following, shall be furnished along with the bid:
(i) Overall responsibility for execution of entire job under the contract shall be with
wholly Owned Subsidiary that shall be financially supported by the parent
company.
(ii) The parent company and bidding subsidiary are jointly and severally
responsible in terms of tender.
(iii) The parent company will ensure deployment of requisite equipments required
for undertaking different jobs as per tender requirements.
(iv) The correspondences for execution of job will be made with bidding subsidiary.
However, whenever called for by the Owner, parent company shall ensure its
presence in progress review meeting.
(v) The Parent Company shall furnish an undertaking to be jointly and severally
responsible with the subsidiary for due, proper and timely performance of the

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Special Instruction to Tenderers [Section-B (Commercial)] Page 19 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

Contract and discharge of liabilities of its subsidiary in the event of the award of
job to its subsidiary.
(b) Bidder shall submit notarised copy of MoU between parent company and bidding
company (subsidiary) incorporating details as mentioned above at Clause No. 8.4.0
(a). The MoU should be signed by the Authorized Representatives of both the
companies. Supporting documents in respect of Authorization should also be
submitted.

(c) The jobs under consideration shall be executed by the Wholly Owned Subsidiary.
Failure to honour the commitment as per MoU, will attract all actions including but
not limited to General Conditions of Contract Clause Nos. 4.7.3.0, 4.7.4.0, 7.0.0.0 and
any other related clauses and holiday listing of the bidding company and/or parent
company.

8.5.0 GUIDELINES FOR BIDDERS FROM COUNTRY SHARING LAND BORDER WITH
INDIA
8.5.1 Bidders are advised to refer Order (Public Procurement No. 1) issued vide OM No.
F.NO.6/18/2019-PPD dated 23.07.2020, Order (Public Procurement No. 2) issued vide OM
No. F.NO.6/18/2019-PPD dated 23.07.2020 and Order (Public Procurement No. 3) issued
vide OM No. F.NO.6/18/2019-PPD dated 24.07.2020, Department of Expenditure, Ministry
of Finance, Govt. of India. The same are available at website
https://doe.gov.in/procurement-policy-divisions.
8.5.2 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. For details of
competent authority refer to Annexure I of Order (Public Procurement No. 1) dated
23.07.2020.
Further, the above 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
8.5.2.1 “Bidder” for the above purpose (including the term “tenderer”, ‘consultant’ or ‘service
provider’) means any person or firm or company, including any Member of a consortium
or joint venture (this is an association of several persons, or firms or companies), every
artificial Juridical person not falling in any of the descriptions of Bidders stated
hereinabove, including any agency, branch office or office controlled by such person,
participating in procurement process.
8.5.2.2 “Bidder from a country which shares a land border with India “ for the purpose of above
clause is defined as:
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 (including unincorporated Joint Venture) where any Member of the
consortium or incorporated joint venture falls under any one of the above.

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8.5.2.3 “Beneficial Owner” for the purpose of Clause No.8.5.2.2 (d) 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.
(a) “Controlling ownership interest” means ownership of, or entitlement to, more
than twenty-five percent of shares or capital or profits of the company;
(b) “Control” shall include the right to appoint the majority of 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 or entitlement to more than fifteen percent of capital or profits the
partnership;
(iii) In case of an unincorporated association or body of individuals, the beneficial Owner
is 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 Clause No. 8.5.2.3 (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 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 trust and any other natural person exercising ultimate effective control over
the trust through a chain of control of ownership.
8.5.2.4 “Agent” for the purpose of this order is a person employed to do any act for another, or
to represent another in dealings with third person.
8.5.2.5 After award of contract, the successful Bidder, shall not be allowed to sub-contract
works to any contractor from a country which shares a land border with India (defined
above) unless such sub-contractor is registered with competent authority
8.5.2.6 All Bidders shall submit certificate for compliance of the subject clauses as per
Annexure-10. If such certificate given by a Bidder whose bid is accepted is found to be
false, this would be a ground for immediate termination and further legal action in
accordance of law.
9.0.0 CRITERIA FOR EVALUATION – COMMERCIAL
Bidders please note that DGR recommendation alone is not qualifying criteria. Bidders are
required to submit following documents to meet the qualification criteria.
a. PF / ESI Registration Certificate
b. PAN (Permanent Account Number)
c. GSTIN (If exempted, undertaking with supporting documents shall be
submitted).
9.1.0 In case the Owner finds that there is more than one bidder eligible/ quoted same rate,
then owner reserves the right to conduct award to the senior most agency as mentioned
in DGR sponsorship letter no. 4014/SA/IOCL, Barauni Kanpur Pipelines (Patna,
Lakhisarai, Begusarai & Jamui)/ 16 June 2023/Bihar/7774/7841/8532/8414/Res

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It may be noted that:


a) A company shall for this purpose include any artificial person whether constituted
under the laws of Indian or of any other country.
b) A Person shall be deemed to have bid in a partnership format or in association of
persons format if he is a partner of the firm which has submitted the bid or is a
member of any association of persons which has submitted a bid.
c) A Person shall be deemed to have bid in a Company format if, the person holds more
than 10% (ten percent) of the voting share capital of the company which has submitted
a bid, or is a Director of the Company which has submitted a bid, or holds more than
10% (ten percent) of voting share capital and/or is a Director of a holding Company
which has submitted the bid.
d) Affiliates of a firm are not permitted to make separate bids directly or indirectly. Two
or more parties who are affiliates of one another can decide which affiliate will make
the bid. Only one affiliate may submit a bid. If two or more affiliates submit more than
one bid, then all such bids shall be liable for rejection.
5.2.0 PART-A (TECHNO-COMMERCIAL BID)
5.2.1 COMMERCIAL BID
(A) FOLDER No. I – QUALIFICATION DOCUMENTS
The Bidders are required to upload a scanned copy of following documents:
(I) Details of experience as per Annexure-3 meeting experience (Commercial) as per
Clause No. 9.0.0 of this section along with relevant documents, such as copies of
Work Order(s) and Completion Certificate(s), supporting their credentials.
All supporting documents in English language and English translation of any other
documents submitted by foreign Bidder, as evidence of meeting qualification
criteria, shall be certified true copies duly signed, dated and stamped by an official
authorised for the purpose in Indian embassy/ High commission in Bidder’s
country OR certification by local chamber of commerce.
In case, any Indian Bidder submits work order and completion certificates in
English language and English translation of any other documents from foreign
country, such documents shall be certified true copies duly signed, dated and
stamped by an official authorised for the purpose in Indian embassy/ High
commission in client’s country OR certification by local chamber of commerce.
(II) Audited Financial Statement including Auditors reports, Audited Balance Sheet,
Profit & Loss Account, Notes, Annexures (if any), etc. for the last 3 (three) financial
years for meeting the annual turnover and net worth (if applicable), as per Clause
No. 9.0.0.In case of Consortium (including unincorporated Joint Venture), the
Financial Results shall be furnished by all the Consortium (including
unincorporated Joint Venture) members.
(III) Deleted.
(IV) Earnest Money Deposit as per Clause No. 7.0.0 in this section.

Bidder shall ensure that all the documents uploaded in e-tender portal are complete and
legible. Submission of incomplete and/ or illegible documents may lead to rejection of
bid.

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maximum extent so as to seek any clarifications or put forth their suggestions for
consideration of the Owner. This would facilitate the bidders to correctly submit their bid.
Hence, bidders shall treat the pre bid meeting as utmost important and depute competent
and senior persons, who have authority to sort out any technical and commercial issues..

10.3.0 In case, a bidder is not able to attend the pre-bid meeting due to any unavoidable reasons,
bidder shall submit their queries through seek clarification module at e-tender portal.
Kindly note that queries sent by email shall not be entertained. All the pre-bid queries are
to be submitted at e-tender portal only.

10.4.0 In case any Bidder does not attend the pre-bid meeting and also doesn't raise any queries
in writing at e-tender portal, it shall be understood that the Bidder has a clear
understanding of the BQC, scope, terms and conditions of the Bidding Document and does
not have any comment/ deviation with regard to the same.
10.5.0 Pre-bid queries should be in belowe format as per the format given below with the subject
“Pre bid queries – Tender Title and Tender Ref No”:

S. No. Tender Clause Number Query (if any) Justification

10.6.0 Any modification in the bidding document, which may become necessary as a result of
Pre-bid meeting or pre-bid queries shall be incorporated by issuing the addendum/
corrigendum by the Owner in the IOCL e-tender portal.
11.0.0 CORRIGENDUM/ ADDENDA/ CLARIFICATIONS
11.1.0 Corrigendum/ Addenda/ Clarifications may be issued by the Owner, prior to the date of
opening of the tender to clarify issues arising out of various queries/ clarifications relevant
to the tender documents from Bidders or to reflect modification in the design or contract
terms. Such addendum/ addenda shall be uploaded on the IndianOil e-tendering site
https://iocletenders.nic.in for reference of all Bidders. Each recipient shall retain one copy
of such corrigendum/ addendum/ addenda for submission along with the tender in
acknowledgement of receipt thereof. All such addendum issued shall form part of the
tender document.
11.2.0 Bidders may note that if they have downloaded the tender documents from the above
mentioned website by using Guest User ID, the intimation regarding Corrigendum/
Addenda/ Clarification shall also be sent to Guest User ID by the website and bidder may
miss the same. Bidders are therefore advised to ensure that they have downloaded all such
Corrigendum/ Addenda/ Clarifications that have been issued prior to the date of opening
of the tender. Before uploading the final offer, all such Corrigendum/ Addenda/
Clarifications must be considered by the Bidder. Owner shall not be held responsible on
this account and the bid may be rejected by the Owner.
11.3.0 If a Bidder does not take a note/ fails to take a note of the corrigendum/ addenda/
clarifications hosted on the e-tendering website on any accounts whatsoever and their offer
is without considering the corrigendum/ addenda/ clarifications, then Owner may reject
the offer.
12.0.0 CONFORMITY TO TERMS AND CONDITIONS OF BID DOCUMENTS
12.1.0 Bids shall be strictly based on the terms, conditions and specifications contained in the Bid
documents. Any deviation and exceptions taken to terms and conditions of the Bid
documents must be clearly listed out as per proforma of “Exceptions and Deviations” at
Annexure-2. Exceptions and Deviations are to be submitted in different folders giving

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proper reference to Page No./ Clause No./ Para, etc.


12.2.0 All correspondences from Owner, as well as from the contractor regarding clarifications
during techno-commercial evaluation of the bid and mutually accepted deviations to
tender document shall be concluded as “Agreed Variations”. The “Agreed Variations”
shall form part of the contract. All other correspondences in this regard will be treated as
null and void.
13.0.0 INTEGRITY PACT PROGRAM (Applicable for Tenders above Rs 10 Crore)
13.1.0 Indian Oil Corporation Limited (OWNER) has signed an MOU dated 18.01.2008 with
Transparency International India for adoption of the Integrity Pact Program. The MOU is
available at IOCL website http://www.iocl.com/aboutus/DraftMOU.pdf. Owner is
committed to follow the principles of transparency, equity and competitiveness in public
procurements.
13.2.0 Submission of duly signed Integrity Pact Agreement (IPA) along with tender, is a
mandatory prerequisite for Bids to be eligible for further evaluation. The signed IP should
be complete in all respect and is required to be uploaded in the e-tender portal along with
the Bid. Bid not having the duly signed IP attached with it will be summarily rejected.
Partial submission of IP document will also not be considered. Format of Integrity
Agreement and declaration are uploaded separately with the Tender Documents, and are
also available at Indian Oil website www.iocl.com.
13.3.0 IPA will prevail over General Conditions of Contract with regard to specific clauses of the
IPA including consequential breaches by the Bidders.
13.4.0 Any violations/ alleged violations of IPA would not be a subject matter of arbitration.
14.0.0 MODIFICATION AND WITHDRAWAL OF BIDS
14.1.0 The Bidder may modify or even withdraw his bid after bid submission but before the end
date and time of bid submission. However, if a Bidder withdraws his bid, then he will no
longer be able to re-submit his bid for that tender.
14.2.0 A Bid once opened cannot be modified or withdrawn. Bidder shall refer Clause No. 5.4 of
Instruction to Tenderers of GCC for further details.
15.0.0 OPENING OF TECHNO-COMMERCIAL BIDS
15.1.0 The Techno-Commercial Bid (Part-A of Bid) of all the Bidders submitted online up to the
date and time for receipt of bids as per the Notice Inviting Tender and also appearing
under “Critical Dates” stated in the e-tender portal or in the subsequent corrigendum, if
any, shall be opened. The system time (IST) displayed on e-Procurement web page shall be
the time considered for determining the expiry of due date and time of the tender. No
other time shall be taken into cognizance.
16.0.0 INSOLVENCY AND BANKRUPTCY CODE (Not applicable)
16.1.0 Offer of Bidder(s) will not be considered in the following cases:
i. If the Bidder is undergoing insolvency resolution process or liquidation or bankruptcy
proceeding under Insolvency and Bankruptcy Code, 2016 (Code) or any other
applicable law (in cases where the said code is not applicable),
ii. Insolvency resolution process or liquidation or bankruptcy proceeding is initiated
under the Code or any other applicable law (in cases where the said code is not
applicable) against/by the Bidder at any stage of evaluation of the bid.
16.2.0 In the event, insolvency resolution process or liquidation or bankruptcy proceeding is
initiated under the Code or any other applicable law (in cases where the said code is not

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applicable) against/by the Bidder, after submission of its bid but at any stage of evaluation
of the bid, it will be the responsibility of the Bidder to inform IOCL within 15 days from
the date of order of insolvency resolution process or liquidation or bankruptcy proceeding
passed by the Adjudicating Authority namely, National Company Law Tribunal (NCLT)
or Debt Recovery Tribunal (DRT) under the Code or any other applicable law (in cases
where code is not applicable).
16.3.0 A declaration/ undertaking is to be furnished by the Bidder as per the attached format
Annexure-15 during bidding.
16.4.0 If Bidder refuses or fails to share the information regarding their status of insolvency
resolution process or liquidation or bankruptcy proceeding as sought hereinabove, in their
bid or at any later stage, as applicable, their offer is liable to be rejected by IOCL and
without prejudice to any other remedy or action available with IOCL, the Earnest Money
Deposit provided by the Bidder, in any form whatsoever, shall be forfeited.
16.5.0 In case where the bid of the L-1 Bidder is rejected on the aforesaid grounds during the
period between Price-Bid-Opening and Award of Contract, then the bid of the next higher
eligible Bidder will be considered for further processing.
16.6.0 If Bidder fails to share or misrepresents the information regarding their status of
insolvency resolution process or liquidation or bankruptcy proceeding as sought
hereinabove and the Bidder’s bid results in a contract, IOCL, without prejudice to any
other any other remedy or action available with IOCL, shall be within its rights to
terminate the resultant contract.
17.0.0 APPOINTMENT OF CONSULTANTS
Owner shall have full discretion to engage consultants of his choice for expert advice on
the evaluation of bids, inspection of equipments, supervision of installation and
commissioning or any other services deemed necessary from time to time. Bidder shall be
bound to answer all relevant queries from Owner/ Consultant.
18.0.0 CLARIFICATION OF BIDS
To assist in the examination, evaluation and comparison of bids, the Owner may ask the
Bidders individually for clarification on their Bids. The request for clarification and the
response shall be in writing, but no changes in the price or substance of the bid shall be
sought, offered or permitted except as required to confirm the correction of errors
discovered by the Owner during the evaluation of bids.
19.0.0 EVALUATION OF OFFERS AND ACCEPTANCE/ REJECTION OF BIDS
19.1.0 Owner reserves the right to accept the tender in full or in part/ parts. Owner does not bind
itself to accept the lowest tender and reserves the right to reject any or all the tenders
received without assigning any reason whatsoever and no compensation shall be paid for
the efforts made by the Bidder.
19.2.0 Bids in which, any of the particulars and prescribed information are missing or are
incomplete in any respect and/ or the prescribed conditions are not fulfilled and/ or the
Bidder is not responding to queries or has submitted incomplete response to queries
posted on the e-tender portal within the cut-off date and time shall be considered “Non-
Responsive” and are liable to be rejected.
19.3.0 Any effort by a Bidder or Bidder’s agent, consultant or representative, howsoever
described to influence the OWNER in any way concerning scrutiny, consideration,
evaluation or computation of the bid(s) or decision concerning award of contract shall
entail rejection of Bid.

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Notwithstanding any other condition/ provision in the tender documents, Bidders are
required to submit complete documents pertaining to Pre-Qualification Criteria (PQC)
along with their offer. Failure to meet the PQC will render the bid to be rejected. IOC
reserves the right to complete the evaluation based on the details furnished by the
Bidder, with or without seeking any additional supporting documents/ clarifications.
(B) FOLDER No. II COMMERCIAL BID
The Bidders are required to upload a legible scanned copy of the following documents:
i) Acceptance of terms and conditions of Techno-commercial volumes of the tender
documents including SOR along with tender forwarding letter duly filled as per
Annexure-1. Bidder shall also confirm that they have quoted for all items of the
BoQ/ SOR.
ii) Deleted
iii) Documents in favour of authorised signatory of the tender having a valid Digital
signature Certificate (DSC) and valid Power of Attorney.
The Power of Attorney (POA) shall be clearly evidenced by submitting Board
resolution for authorization in favour of person signing the bid.
Authorized signatories are defined as under
(a) Proprietary firm: Proprietor of the firm himself or power of attorney holder
(Attested/ notarised copy to be submitted on stamp paper of appropriate value).
Proprietor will also upload undertaking certifying that he is sole proprietor on
stamp paper of appropriate value.
(b) Partnership firm/ LLP: All the partners or a partner holding power of attorney
or a power of attorney holder for signing the tender (Attested / notarised copy
of power of attorney, partnership deed/ LLP agreement and current address of
all the partners to be submitted on stamp paper of appropriate value).
(c) Private or Public Limited Company or Incorporated Joint Venture: Power of
attorney holder (Attested/ notarised copy of power of attorney on stamp paper
of appropriate value, Articles of Association, memorandum of understanding
also to be submitted).
Certified copy of Board Resolution authorising the person submitting the bid on
behalf of the company is also be submitted.

(d) Consortium (including Unincorporated Joint Venture) (if applicable as per


clause no 8.1.0 (b) of SIT Section B (Commercial)): An authorised
representative of Consortium (including unincorporated Joint Venture)
members having power of attorney signed by legally authorised signatories of
all the Consortium members. Also, Duly signed and executed Memorandum of
Understanding (MOU) in original duly notarised indicating the name of the
Leader/ Prime Member of the Consortium (including unincorporated Joint
Venture), the roles and responsibilities of each of the parties shall accompany
the Tender. Articles of Association, memorandum of understanding of all the
members is to be submitted.
iv) Commercial Exceptions/ deviations pertaining to Special Instructions to Tenderers,
General Conditions of Contract (GCC), Special Conditions of Contract (SCC) and
other general tender conditions to be indicated only as per Performa in Annexure-2.
In case bidder has any deviations, bidder shall mention them in a separate sheet
whose format shall be as per Annexure -2. Any exceptions / deviations listed

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IOCL. The date and time of pre-price bid meeting shall be conveyed to the technically and
commercially qualified Bidders.
20.2.0 Authorized representatives of the Bidders shall attend the pre-price bid meeting for
resolving outstanding issues, if any, and for other mutual clarifications. Based on
discussions in the pre-price bid meeting, deviations, if any, from tender terms and
conditions shall be communicated in writing to all the Bidders. In such cases, Bidders shall
be advised to submit acceptance of the deviations and price implication (positive or
negative), if any, in sealed envelope within stipulated period.
20.3.0 In case, no response is received till the stipulated time, it shall be construed that Bidder
accepts the deviations and has no price implication to offer. Price implications received
after the stipulated date shall not be considered. In such cases, their original offer will be
considered along with the conclusion that the Bidder has accepted the revised terms and
conditions.
20.4.0 Bidders unable to comply with IOCL’s terms and conditions including proposed
deviations will be allowed to withdraw their bids.
20.5.0 In case after opening of their revised offer indicating price implication, it is found that a
new deviation is incorporated in the offer, their bid shall be rejected outright and EMD of
Bidder shall be forfeited. A warning letter shall also be issued to such Bidders. For MSE
Bidder (exempted from EMD submission) a complaint shall be lodged to the concerned
certificate issuing authority.
21.0.0 OPENING OF PRICE BID
21.1.0 The Price Bids of the technically and commercially acceptable Bidder(s) shall be opened
online on suitable date and time. The date and time of the price bid opening shall be
updated on the e-tender portal of IOCL. Bidder(s) can also witness bid opening by logging
into the e-tender portal, using valid digital signature/certificate.
21.2.0 Though Qualification Criteria mentioned above are the basic criteria for consideration of a
bid, fulfilment of the same shall not automatically mean qualification of the Bidder for
opening of the price bid or for award of the job.
22.0.0 REVERSE AUCTION (Not Applicable)
22.1.0 Bidders are informed that Reverse Auction will be conducted for finalizing this Tender.
22.2.0 Deleted
22.3.0 Tenders with preferential bidding: If there are more than three (3) techno-commercially
accepted Bidders:
i. H1 Bidder shall be rejected, if he is a non-preferential Bidder;
ii. In case H1 Bidder is a preferential Bidder, H1 Bidder will be rejected if his quote is
beyond the defined tolerance limit of L1 price as per his preferential Bidder
category such as MSE as per MSME Act, Latest Public Procurement (Preference to
Make in India), Order 2017 policy, PPP-MII and its subsequent amendment.
The bidders eligible for preference under the Latest Public Procurement (Preference
to Make in India), Order 2017 policy, PPP-MII and its subsequent amendment shall
submit required documents in bid and shall opt preference under “Purchase Pref.
linked with Local Content(PP-LC)” at iocl e-tender portal.
Bidders are advised to update their preferential status and category in their profile on e-
tender portal. For above preference, Bidder will have to select the option of preference in e-
tender portal and upload supporting documents at the time of submission of their bid.

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Bidders to note that some selections/preferences for the submitting bid can only be
opted once on e-tender portal namely EMD Exemption and Preferential Bidding. Such
selection/preferences are non-changeable either after vendor’s confirmation or after bid
submission.
To avail preferential bidding successfully on e-tender portal, vendors has to –
1. Opt as preferential bidder during the account registration process or can update later
under ‘My Accounts’ section of their profile.
2. During bid submission, vendor should update ‘Profile’ details under ‘Bid Process List’
section to update any changes made in the profile.
3. If preferential bidding is applicable for a tender, vendor has to specifically opt for
preferential bidding during bid submission in order to avail the same. General prompt
by the system will appear if no action is taking on vendor’s behalf.

During re-submission of bid, vendor only gets an option to update the supporting
document for the claimed preferential category. Vendor does not get an option to
change the declaration for benefit claimed (Yes/No) for corresponding preferential
status.
22.4.0 In case of more than one H1 Bidders (H1 tie), out of all such H1 bidders, Bidder who has
submitted his bid at the last, will be rejected.
An intimation by e-mail/ SMS shall be provided to the eligible Bidders for Reverse
Auction along with its scheduled start time and other details.
22.5.0 The lowest price (excluding or including GST as per the BoQ template) shall be available
on the Reverse Auction screen at any point of time during the Auction process. The
displayed price is the price based on which the lowest bid is determined. Accordingly, the
Bidder will submit his quote in the Auction window, if he wants to offer the reduced price.
22.6.0 Wherever required, the Evaluation factor/ criteria shall be informed to the Bidders before
start of RA. In other cases the Bidder shall calculate his final evaluated price as per BoQ or
evaluation criteria mentioned in the tender document and quote accordingly.
22.7.0 The lowest quote after end of Reverse Auction shall be considered for further processing.
The discount offered during Reverse Auction shall be uniformly distributed over all items
of the BoQ.
22.8.0 For the purpose of extending preference/ benefit to MSEs, PP-LC, DMEP, etc. as per
guidelines, the quote of respective Bidder(s) after the tender-cum-auction process shall be
considered.
22.9.0 IOCL reserves the right to conduct price negotiation with overall L1 Bidder based on price
quoted in BoQ and RA.
22.10.0 Deleted
23.0.0 PRICE EVALUATION AND COMPARISON OF BIDS
23.1.0 Deleted
23.2.0 Bidders may note that their bids will be evaluated based on the landed cost including
GST. The Bidder shall mention rate of GST in Annexure-8.
23.3.0 Deleted
23.4.0 Deleted

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Special Instruction to Tenderers [Section-B (Commercial)] Page 28 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

23.5.0 Deleted
23.6.0 Deleted
23.7.0 Deleted
23.8.0 Deleted
23.9.0 CONDITIONS FOR PURCHASE PREFERENCE FOR MICRO & SMALL
ENTERPRISES (MSES) (NOT APPLICABLE FOR WORKS CONTRACT)
23.9.1 As per Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012 issued
vide Gazette Notification dated 23.03.2012 (and subsequent amendments) by Ministry of
Micro, Small and Medium Enterprises of Govt. of India, MSEs must be registered with any
of the following agencies referred above at Clause No. 7.2.1 in order to avail the benefits/
preference available vide Public Procurement Policy MSEs Order, 2012.
23.9.2 Further, Ministry of MSME vide Gazette notification no. CG-DL-E-26062020-220191 dated
26.06.2020 had notified certain criteria for classifying the enterprises as Micro, Small and
Medium Enterprises and specified form and procedure for filling the memorandum
(Udyam Registration) w.e.f.01.07.2020 (for complete details of policy refer website of
Ministry of MSME i.e. https://msme.gov.in/).
Accordingly, Micro and Small Enterprises (MSEs) shall be required to submit Udyam
Registration Certificate for availing benefit under Public Procurement Policy for MSEs
2012.
The enterprises registered prior to 30.06.2020 and who are not re-registered with Udyam
Registration, shall submit valid documents for availing benefits of PPP 2012.
23.9.3 Policy is meant for procurements of only goods produced and services rendered by MSEs.
Stockist/ traders are excluded from the purview of public procurement policy.
23.9.4 As per the purchase preference policy, out of the twenty five percent target of annual
procurement from micro and small enterprise, three percent shall be earmarked for
procurement from Micro and Small enterprises owned by Women entrepreneur and four
percent shall be earmarked for procurement from micro and small enterprise owned by
Scheduled Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs
(Women and Scheduled Caste & Scheduled Tribe Entrepreneurs) to participate in the
tender process or meet the tender requirement and L-1 price, sub-targets to the earmarked
shall be met from other MSEs.
23.9.5 Further, to qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by
District Authority must be submitted by the Bidder in addition to certificate of registration
with any one of the agencies mentioned at Clause No. 7.2.1. The Bidder shall be
responsible to furnish necessary documentary evidence for enabling IOCL to ascertain that
the MSE is owned by SC/ST. MSE owned by SC/ST is defined as:
(a) In case of proprietary MSE, Proprietor{s) shall be SC/ST.
(b) In case of partnership MSE, the SC/ST partners shall be holding at least 51% shares in
the Enterprise.
(c) In case of Private Limited Company, at least 51% share shall be held by SC/ST
promoters.
23.9.6 In case a Bidder deposits EMD, but neither submit registration certificate in their bid nor
mentions their status as MSE vendor in their bid, benefits of purchase preference under the
public procurement policy shall not be extended to such vendor. No clarifications would
be taken in this regard.

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Special Instruction to Tenderers [Section-B (Commercial)] Page 29 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

d) The Bidders shall quote “At Par” percentage in the BOQ


e) The Bidder shall quote in percentage (limited to a maximum of 2 decimal places)
“At Par” on the rates indicated in the Schedule of Rates annexed to the "Part-II:
Price Bid" of tender documents. In case rates are quoted to more than 2 decimal
places then, the amount quoted towards the tender shall be worked out for the rates
quoted to first 2 decimal points without rounding off. The “Percentage” quoted by
the Bidder shall be applicable uniformly to all the rates of the items indicated in
Schedule of Rates.
f) Only "Bidder Name", "At Par" & "Percentage" are to be filled by the bidder in the
designated "Sky Blue Cells".
g) “At Par” can be selected from the dropdown menu by clicking on the cell.
h) Bidders are advised strictly not to alter or change the BOQ format/ contents. Bidders
are also advised not to paste any image file or put any additional conditions in the
BOQ worksheet.
i) Rates quoted shall be inclusive of all taxes and duties, but exclusive of service tax
which shall be paid extra as applicable, upon submission of service tax invoice.
j) Do not insert any additional sheet and any condition in BOQ sheet. Please do not
temper the BOQ sheet.
k) The scope of work under the subject tender is of indivisible nature and shall be
awarded to a single agency only.
5.3.7 The price quoted under each head shall include all costs towards equipment, labour and
laboratory back-up, logistics, transport, travel and stay arrangements and other incidentals
including supply of materials as may be necessary for rendering the services in totality as
per detailed specifications.
5.3.8 For supply of indigenous/imported items under the scope of the contractor, the rates
quoted by the Bidder shall be all inclusive for delivery of material at site (FOR/DDP
destination basis). It shall include the basic cost, all applicable taxes and duties (excluding
Goods and Services Tax), inspection charge, transportation charges, transit insurance,
auxiliary taxes,octroi,(wherever applicable),etc.
5.3.9 Deleted.
5.3.10 The price offered by the Bidder shall not appear anywhere in any manner in the
Technical Bid. Indicating price in the techno-commercial bid may render the offer liable
for rejection.
5.4.0 Submission of forged/ false/ fake documents/ misrepresentation of facts:
5.4.1 In partial modification of Clause No. 4.17 of “Instructions to Bidders” appended to GCC,
the Bidder shall enclose documents to show that he has previous experience in having
successfully completed in the recent past, works of similar nature together with the name
of the client and/ or end customer, location, sites and value of contract in the format
(Annexure-5) annexed to the Form of Tender. It shall be the responsibility of the Bidders
to fill complete, correct and accurate information in line with the requirements/
stipulations of the Tender Document, regarding their past experience and other
information required to facilitate due evaluation/ consideration of their tenders.
5.4.2 If any information given by the Bidder is found to be incorrect in any particular manner,
considered by the OWNER to be relevant for the evaluation of the bid/ tender, or is found
to misrepresent facts, or if any of the documents submitted by the Bidder in support of or
relevant to the bid/ tender is found to be forged, false or fabricated, the OWNER may
reject the bid. Further, without prejudice to any other right(s) of action or remedy available

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Special Instruction to Tenderers [Section-B (Commercial)] Page 11 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

 As the documents are being submitted by the Bidders in tenders, the responsibility of
authenticity of documents shall be with Bidders.
 Only documents against Pre-Qualification criteria shall be verified with originals.
 In case it is observed that the L1 Bidder has submitted forged documents, necessary
action for holidays listing of the Bidder in line with guidelines shall be carried out
including forfeiture of EMD, and any other provision as detailed in the tender
document.
 However Owner reserves its right to verify statutory documents/ declarations/
financial statements from relevant online portals.
 The Bidders shall be required to present their original documents to Tender Inviting
Authority within a period of 7 days from date of opening of Price bids/ conclusion of
Reverse Auction or date of intimation, whichever is later.
26.0.0 AWARD OF WORK/ CONTRACT
26.1.0 Within the period of bid validity granted by the Bidder, IOCL will notify the successful
Bidder in writing by letter sent by registered post/ courier/ mail or hand delivered,
intimating IOCL’s acceptance of the bid.
26.2.0 For Group tenders, the Owner shall have the right to award all the Groups of work either
to a single Contractor or to different contractors on least cost option to the Owner.
However, single Group of work shall mean total scope of work envisaged in that Group
and no bifurcation of scope of work of the said Group shall be made while awarding the
work.
26.3.0 For contracts of value above Rs. 25.00 lakh, the successful Bidder(s) shall have to execute a
formal Contract with IOCL (Pipelines Division) in accordance with the form of contract in
the format prescribed in GCC forming part of the bid documents within 30 (thirty) days
from the date of receipt of the Letter of Acceptance from IOCL(Pipelines Division) on a
non-judicial stamp paper and of appropriate value. The cost of non-judicial stamp paper
shall be borne by the Bidder.
26.4.0 Until the formal contract is signed, the bid documents and Addendum(a) at any time and
any modification thereto and/or there from agreed upon by IOCL(Pipelines Division) read
with the Bidder’s final bid shall be considered as contract.
26.5.0 The Contract document shall consist of the following:
(i) Agreement (Form of Contract), on non-judicial stamp paper by Owner and Contractor.
(ii) Letter of Acceptance.
(iii) The Bidding Document along with the drawings, if any
(iv) General Conditions of Contract of Indian Oil Corporation Ltd
(v) Amendments to Bidding Document or post award Amendment, if any
27.0.0 ADDITIONAL INFORMATION TO BE SUBMITTED BY SUCCESSFUL BIDDER
27.1.0 Successful Bidder(s) against this tender who is not a Micro or Small Enterprise (MSE) as
per the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act 2006)
and Micro, Small and Medium enterprises order- 2012, will have to furnish the information
to the Engineer-in-Charge upon award of work as per Annexure-25.
28.0.0 INDIGENISATION
28.1.0 Bidder shall make maximum possible utilisation of indigenous manufacturing facilities
and other services/ expertise available for their project implementation plans. It is,
therefore, essential that as a preliminary exercise, Bidders should explore potential
available indigenously for utilisation of manufacturing facilities and other various

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Special Instruction to Tenderers [Section-B (Commercial)] Page 31 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

products/ equipment/ material of Indian origin conforming to specifications as well as


construction expertise available indigenously and associate experienced Indian Agencies
under overall supervision and responsibility of Contractor. This may be read in
conjunction with relevant clauses of SIT (Technical)/ SCC (Technical).
29.0.0 CURRENCIES AND PAYMENT
29.1.0 Bidders shall quote their prices in Indian Rupees only.
29.2.0 All payments will be made in Indian Rupees only. In case Bidders are required to pay any
amount in foreign currency to their subcontractor or for any imported items, necessary
arrangement for such foreign currency payment shall be made at their end.
29.3.0 All the payment in Indian Rupees and shall be released through e-banking only. Successful
Bidder shall submit details of their Bank Account for e-payment purpose as per Annexure-
19.

30.0.0 PLACE OF PAYMENT


All payment in Indian rupees shall be released from the office of

As per relevant clause of SIT (Section-A-Technical)

31.0.0 CONTACT PERSON FOR ANY GRIEVANCE:


Contact person for grievance redressal is as under:

Name : Mr. Govindji Nigam


Designation: Chief Human Resource Manager
Email: nigamgovind@indianoil.in
Tel: 06243-242653 / 9958006605

32.0.0 HOLIDAY LISTING OF VENDORS :


32.1.0 With the purpose to protect the Corporation from dealing with undesirable party, Indian
Oil Corporation Limited follows its own guidelines of Holiday Listing.
The terms "Party" shall mean Bidder/ Licensor/ Tenderer/ Consultant/ Vendor/
Contractor/ Sub-vendor/ Sub-contractor/ Sub consultant.
Reason for putting a party on holiday list may include any one or more of the following:
If a party
a. Has indulged in malpractices such as bribery, corruption, fraud and pilferage, bid
rigging/ price rigging
b. Is bankrupt or insolvent or is being dissolved or has resolved to be wound up or
proceedings for winding up or dissolution have been instituted.
c. Has submitted fake, false or forged documents/ certificates.
d. Has substituted materials in lieu of materials supplied by IOCL or has not returned
or has short returned or has unauthorizedly disposed off materials/ documents/
drawings/ tools or plants or equipment supplied by IOCL.
e. Has obtained official company information or copies of documents, in relation to
the tender/ contract, by questionable methods / means.
f. Has deliberately violated and circumvented the provisions of labour laws/
regulations/ rules, safety norms or other statutory requirements.

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Special Instruction to Tenderers [Section-B (Commercial)] Page 32 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

g. Has deliberately indulged in construction and erection of defective works or supply


of defective materials.
h. Has not cleared IOCL's previous dues.
i. Has committed Breach of Contract or has failed to perform a contract or has
abandoned the contract.
j. Has refused to accept Fax of Acceptance / Letter of Acceptance / Purchase Order /
Work Order after the same is issued by IOCL within the validity period and as per
agreed terms & conditions.
k. After opening of Price Bid, on becoming L1, withdraws/ revises his bid upwards
within the validity period.
l. Has parted with, leaked or provided confidential / proprietary information of
IOCL given to the party only for his use (in discharge of his obligations against an
order) to any third party without prior consent of IOCL.
m. Any other ground for which, in the opinion of the Corporation makes it
undesirable to deal with the party including the followings:
i. if the security consideration, including questions of loyalty of the party to the
State so warrants.
ii. if the Director/ Owner of the party, proprietor or partner of the party is
convicted by a Court of Law under normal process of law for offences
involving moral turpitude in relation to its business dealings during the last
five years.
Moral Turpitude means to be a conduct contrary to justice, honesty, modesty
or good morals and contrary to what a man owes to a fellowman or to society
in general.
iii. if the party uses intimidation/ threatening or brings undue outside pressure on
IOCL or its official in acceptance/ performances of the job under the contract.
iv. Poor performance of the party in one or several contracts.
v. Transgression of Integrity Pact for which in the opinion of IOCL makes it
undesirable to deal with the party.
vi. Based on the findings of the investigation report of any investigative agency,
Government Audit, any law enforcement agency or government regulator
against the party for malafide/ unlawful acts or improper conduct on his part
in matters relating to IOCL or even otherwise.
n. If a communication is received from the Administrative Ministry of IOCL to ban a
party from dealing with IOCL, the party will be automatically put on Holiday list.
Bidders shall note that the grounds/ reasons for holiday listing indicated above are merely
illustrative and are intended to provided a guideline for considering placing a party on
holiday list. It will be the sole decision of IOCL in each case to evaluate whether the
conduct of the party is such as it makes it undesirable for the Corporation to deal further
with the party. The duration of such Holiday shall be as decided by IOCL in each case.
32.2.0 In case a party is put on holiday list of IOCL during the period when the tender is being
processed, his bid shall be rejected and no work order shall be issued to the party as long
as the party’s name is on the holiday list.
---- // ---

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Special Instruction to Tenderers [Section-B (Commercial)] Page 33 of 33
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

7.1.4 Offers of the Bidders making payment through NEFT/ RTGS/IMPS after Tender closing
date and time or making payment in wrong account and claiming 100% exemption
(uploading the NEFT/ RTGS/IMPS done at the last moment or done in a wrong account
details as proof of payment) shall be liable for rejection.

7.2.0 Electronic mode of payment E-PayOne portal (https://epayone.indianoil.in/) may be


used. In case, a Bidders opts to remit the EMD by way of Electronic Fund Transfer (EFT)/
SWIFT transfer, the bank account particulars of IOCL, to which the EMD amount is to be
transferred is mentioned below.
Beneficiary INDIAN OIL CORPORATION LIMITED-PIPELINES DIVISION
Name:
Account No: 00000011592307059
Beneficiary Bank: State Bank of India, BR Campus Branch, Begusarai
CITY: Begusarai – 851114, India
COUNTRY: INDIA
IFSC CODE: SBIN0001502
MICR: 851002104

7.3.0 A Bank Guarantee (BG) may be accepted by the Owner towards EMD provided the
amount of such BG is not less than Indian Rupees 100,000.00 (Indian Rupees One
Lakh). It shall be an unconditional Bank Guarantee issued by a Scheduled Bank in India
or an Indian Branch of foreign Bank (acceptable to the Owner) and operating in India
under the guidelines of Reserve Bank of India. The proforma for furnishing the bank
guarantee is given in Annexure-6 of Annexure (Commercial). The BG shall be kept
valid upto 6 months from the date of opening of the techno-commercial offer.
Original BG sent by Bidder/ bank should reach the Tender Issuing Authority (as
mentioned in the tender) as per the following schedule:
a. Single Bid Tenders: Before due date and time of opening of bids.
b. Two Bid Tenders: Within 7 working days from the date of opening of technical
bids.

7.4.0 For the purpose of receipt of BG, the time recorded in the Receipt/ DAK section against
receipt shall also be considered as receipt time. Only those Physical BG instruments
found matching with the copy submitted in the e- portal shall be considered as
valid.Selection of Banks for Bank Guarantees:
(a) BG for value upto Rs. 2 crore can be accepted if it is issued by an Indian Branch of any
Scheduled Bank appearing in the Second Schedule to the RBI Act, 1934;
(b) BG for value above Rs. 2 crore can be accepted if it is issued by an Indian Branch of
i. Any Nationalized/ PSU Bank appearing in the Second schedule to the RBI Act,
1934
OR
ii. Any scheduled bank (other than a Nationalized Bank/ PSU Bank) having at
least Desired Credit Rating at the time of acceptance of BG:
Bank If the tenure of BG is If the tenure of BG is up
more than 1 year to 1 year

Tender No. BK/TS/970/2023-24/22


Special Instruction to Tenderers [Section-B (Commercial)] Page 14 of 33
CHAPTER - IIIA
SPECIAL CONDITIONS OF CONTRACT

[SECTION-A – TECHNICAL]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

SPECIAL CONDITIONS OF CONTRACT


INDEX
Contents
SPECIAL CONDITIONS OF CONTRACT ....................................................................... 1
1.0.0 GENERAL ......................................................................................................... 3
2.0.0 SCOPE OF WORK ............................................................................................. 3
3.0.0 LOCATION OF WORK ................................................................................... 20
4.0.0 SCOPE OF SUPPLY......................................................................................... 20
5.0.0 WATER & POWER SUPPLY ........................................................................... 20
6.0.0 TIME OF COMPLETION ................................................................................ 22
7.0.0 MODE OF MEASUREMENT .......................................................................... 22
8.0.0 ON ACCOUNT PAYMENT ............................................................................ 22
9.0.0 SAFETY & POLLUTION CONTROL .............................................................. 22
10.0.0 ADHERANCE TO SAFETY PROCEDURES AND PRACTICES...................... 23
11.0.0 RESTRICTION OF VISITORS .......................................................................... 25
12.0.0 PERSONAL ACTS AND LIABILITIES ............................................................ 25
13.0.0 INDEMNITY AND INSURANCE ................................................................... 25
14.0.0 FORCE MAJEURE ........................................................................................... 26
15.0.0 DEFECT LIABILITY PERIOD AND LATENT DEFECTS/SECURITY DEPOSIT26
16.0.0 SAFETY AND SECURITY ............................................................................... 26
17.0.0 ARBITRATION ............................................................................................... 29
18.0.0 NON ASSIGNABLE ........................................................................................ 30
19.0.0 UNDERGROUND AND OVERHEAD STRUCTURES .................................... 30
20.0.0 PERMITS FOR EQUIPMENTS AND MATERIALS ......................................... 30
21.0.0 JOB SUPERVISION ......................................................................................... 30
22.0.0 SITE VISIT ....................................................................................................... 30
23.0.0 LABOUR LAW AND REGULATIONS ........................................................... 30
24.0.0 SITE CLEANING ............................................................................................ 35
25.0.0 VARIATION IN ITEMS AND QUANTITIES .................................................. 35
26.0.0 ENVIRONMENTAL MANAGEMENT SYSTEM AND AWARENESS ........... 36

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

27.0.0 CO-OPERATION WITH OTHER CONTRACTORS ........................................ 36


28.0.0 TERMINATION .............................................................................................. 36
29.0.0 EVALUATION CRITERIA .............................................................................. 37
30.0.0 CONDUCT OF CONTRACTOR’S EMPLOYEES ............................................ 37
31.0.0 SETTING OUT OF THE WORKS .................................................................... 37
32.0.0 DEFINITIONS ................................................................................................. 39

Tender No. BK/TS/970/2023-24/22 Page 2 of 39


Special Conditions of Contract [Section-A- Technical]
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

b) If L-1 bidder backs out after opening of price bids;


c) In the conditions as defined at Clause No. 20.5.0 of Section-B(SIT-Commercial)
d) In case the Bidder misrepresents facts or submits forged, false or fabricated
documents as detailed in Clause 5.4.0 above OR
e) In the case of a successful bidder, if he fails within the specified time limit to:
i) sign the agreement, or
ii) deposit the required initial security deposit
iii) commence work at each job site within 10 (ten) days of handing over the job or any part
thereof to him

8.0.0 BIDDING ENTITY


8.1.0 Bids may be submitted by:
a) Sole Bidder: Individual (Proprietary)/ Partnership/ Limited Company/ An
incorporated Joint Venture Company;
b) Consortium (including an unincorporated Joint Venture) having a maximum of two
members;
c) Wholly owned Indian subsidiary of a Foreign or Indian company on the strength of its
parent company
Any Bidder from a country which shares a land border with India will be eligible to bid in
this tender, only if it is registered with the competent authority (Refer Clause No. 8.5.0 for
further details)
Bidder shall submit the details as per Annexure-1 mentioning the nature of their bidding
entity. Any change in the nature of bidding entity at a later stage would tantamount to
alteration of bids and would attract the provision under Clause No. 5.4 of Instruction to
Tenderer of GCC and associated sub-clauses.
8.1.1 Deleted
8.2.0 Sole Bidder
Sole Bidder shall fulfill Eligibility Criteria as specified in the Experience Criteria (technical)
at per Clause No. 8.0.0 of Section-A of SIT and Experience criteria (commercial) defined
at Clause No. 9.0.0 of Section-B of SIT and its sub-clauses.
8.3.0 Consortium (including an unincorporated Joint Venture) Bidders
Bids submitted by a Consortium (including unincorporated Joint Venture) of maximum
two companies (One Leader/ Prime Member and one member), shall comply with the
following requirements:
(a) For National tenders, both members of the Consortium (including unincorporated
Joint Venture) shall be companies/ firms incorporated and registered in India as
per the Companies Act, 1956 or Partnership Act, 1932 or Shop and Establishment
act and subsequent amendment of these Acts prevailing in India, as the case may

Tender No. BK/TS/970/2023-24/22


Special Instruction to Tenderers [Section-B (Commercial)] Page 17 of 33
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

Table A: Patrolling Chainage


From To Distance Unarmed Armed DGR Supervisor Remarks
(KM) (KM) (KM) DGR Guard Guard
PHBPL Barauni

6 km/day
371.00 413.00 42 7 0
twice
Day

2 10-12
413.00 498.00 85 8 0 km/day
once
Night

Total 11
459.00 498.00 39 0 2 1
points

2.4.0 The contractor shall provide skilled ex-servicemen Security guard (Without Arms)
for the above job in the following fashion:
Day Patrolling:
2.4.1 The contractor shall be required to provide surveillance and complete security for
day patrolling in the petroleum Products pipeline route as per chainages/ length
mentioned in Table given below including other properties of owner like TLP
points, Warning boards, Markers, CP/ RCP stations, Boundary Pillars, petroleum
products, stores, equipment, materials etc. located en-route pipeline Right of Way
(ROW) in all respect strictly through ex- servicemen personnel only.
2.4.2 Each security guard shall carry GPS tracking device (to be provided by IOCL) for
monitoring movement of guard on ROW. In case of any theft of such device, it
shall be responsibility of contractor to file FIR and report the same to EIC
immediately. The GPS set should be checked every one hour during duty by
giving it a missed call and checking whether auto message is received or not. If
auto message is not received, the guard should immediately inform to supervisor
and report the same to EIC/Site engineer.
2.4.3 The role of the supervisor shall be to co-ordinate between Engineer-in-Charge
(EIC) / site engineer and the team in addition to patrolling everyday randomly
along with one security guard under his control as per instruction of EIC/ site
engineer. Supervisor may be asked monitor the GPS patrolling over the Computer,
as per instruction of EIC.
2.4.4 Each supervisor has to submit a daily report (in respect of total guards and stretch
under his control) to the concerned EIC/ site engineer and communicate on phone
every day.
2.4.5 Supervisor will also coordinate the relieving duties of personnel, if required,
under his supervision for ROW so as to ensure continuity of services as per scope
of work during weekly off / National Holidays / other holidays.

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

2.4.6 Security agency shall provide replacement of security personnel in case of


protracted absenteeism, casual / sick leave etc. so that no stretch is left unattended
on any day.
2.4.7 Each security guard will be assigned inspection schedule by respective security
agency for a particular stretch of IOCL pipeline Right of Way (ROW) which is to
be patrolled/inspected every day. The security guards/ supervisor shall submit
Daily Inspection report as per performa and guidelines for inspection. The security
guards shall also send their inspection report on weekly basis. The security guards
shall submit daily/ weekly reports by post Under Postal Certificate. On
completion of daily duty, security guard shall convey the daily status report to
respective supervisor over phone, who in turn on phone shall convey the
consolidated daily status report to EIC/ his authorize representative by 1700 Hrs
on same day.
2.4.8 Each guard will patrol the stretch as specified above table-A on daily basis.
However, EIC may change the patrolling schedule / stretch of guard / supervisor
depending upon specific requirement.
2.4.9 During the stipulated duty time of 08 (eight) hours security guard must be
available all the time within the designated stretch of mainline or as advised by
EIC/ site engineer.
2.4.10 Security agency shall provide replacement of security personnel in case of
protracted absenteeism, casual / sick leave etc. so as that no stretch is left
unattended on any day.
2.4.11 The security guard as part of their daily routine shall also contact village head/
Sarpanch, police Thana spreading the message of his presence in his zone. The
security guard in each stretch shall also give extra flexibility and allow the EIC/
site engineer to have additional surveillance in the higher sensitive areas within
the stretches & also nearby stretches as and when required.
2.4.12 Security guards shall have important phone / mobile numbers of IOCL officials
for contacting during normal period / emergencies. Security guards shall also
have the following details for meeting out any emergencies:
 Name & contact no. of the Sarpanch, Patwari of the village through ROW
passing
 Name & contact no. of Nearest Hospital, Police Station, Fire Brigade,
Electricity office
2.4.13 If GPS Guard tracking device is provided to security guard, then payment of
mobile bills for tracking of GPS handset (provided by IOCL) will be borne by

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Special Conditions of Contract [Section-A- Technical]
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IOCL upto Rs. 600.00 per quarter for each security guard & Rs. 900.00 per quarter
for each supervisor. If mobile bill of any guard or supervisor exceeds the limit
fixed by IOCL, the excess amount shall be recovered from the bills of the
contractor.
2.4.14 All the teams shall be provided with the mobile phone set by the contractor & it is
mandatory on the part of security guard to carry mobile hand set during ROW
patrolling and keep it switched on for communication.
2.4.15 To check encroachments in ROW and owner's premises such as RCP building,
valve fencing etc.
2.4.16 To prevent occurrence of encroachments in Owner's ROW by residents, workers,
vendors and any other persons and reporting the same to Owner on first instance
of its occurrence/observation. The security guards deployed in ROW patrolling
shall ensure that no permanent structure, well, trees or any other facility/
encroachment comes up in the Right of Way (ROW) and the guard shall
immediately convey the same to his supervisor for onward
information/transmission to Engineer- In-Charge/Station-In-Charge/Authorized
representatives. Failure to comply with the above shall attract penalty equivalent
to one-month wage of security guard for each such incident of non-reporting.
2.4.17 To ensure that Owner's premises are not misused against health, hygiene and by
unlawful activities.
2.4.18 To ensure that strangers or outsiders do not damage Owner’s properties, through
intrusion or by any other means.
2.4.19 To enquire into any theft, pilferage, fires, disobedience, roudism, indiscipline,
unauthorized activities and all other criminal activities in ROW, and report
immediately the same to the authorized officer of the Owner and lodge the
complaint with the local police authorities, if so desired by the Owner. Where
necessary, he shall assist IOC in filing FIR/ liaisoning with Police.
2.4.20 To observe code of conduct, discipline and duties required to be observed by the
security personnel and instructions from time to time with utmost efficiency, zeal
and vigilance.
2.4.21 To carryout surprise checking personally by the Contractor or Contractor’s Sr.
Officer for the purpose of proper functions of the security arrangements deployed
by the contractor in the areas agreed upon.
2.4.22 The guard/supervisor has to visit respective police station for liaising with police
official during any day or during chowkidari parade as per direction of EIC

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Special Conditions of Contract [Section-A- Technical]
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

Contract and discharge of liabilities of its subsidiary in the event of the award of
job to its subsidiary.
(b) Bidder shall submit notarised copy of MoU between parent company and bidding
company (subsidiary) incorporating details as mentioned above at Clause No. 8.4.0
(a). The MoU should be signed by the Authorized Representatives of both the
companies. Supporting documents in respect of Authorization should also be
submitted.

(c) The jobs under consideration shall be executed by the Wholly Owned Subsidiary.
Failure to honour the commitment as per MoU, will attract all actions including but
not limited to General Conditions of Contract Clause Nos. 4.7.3.0, 4.7.4.0, 7.0.0.0 and
any other related clauses and holiday listing of the bidding company and/or parent
company.

8.5.0 GUIDELINES FOR BIDDERS FROM COUNTRY SHARING LAND BORDER WITH
INDIA
8.5.1 Bidders are advised to refer Order (Public Procurement No. 1) issued vide OM No.
F.NO.6/18/2019-PPD dated 23.07.2020, Order (Public Procurement No. 2) issued vide OM
No. F.NO.6/18/2019-PPD dated 23.07.2020 and Order (Public Procurement No. 3) issued
vide OM No. F.NO.6/18/2019-PPD dated 24.07.2020, Department of Expenditure, Ministry
of Finance, Govt. of India. The same are available at website
https://doe.gov.in/procurement-policy-divisions.
8.5.2 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. For details of
competent authority refer to Annexure I of Order (Public Procurement No. 1) dated
23.07.2020.
Further, the above 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
8.5.2.1 “Bidder” for the above purpose (including the term “tenderer”, ‘consultant’ or ‘service
provider’) means any person or firm or company, including any Member of a consortium
or joint venture (this is an association of several persons, or firms or companies), every
artificial Juridical person not falling in any of the descriptions of Bidders stated
hereinabove, including any agency, branch office or office controlled by such person,
participating in procurement process.
8.5.2.2 “Bidder from a country which shares a land border with India “ for the purpose of above
clause is defined as:
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 (including unincorporated Joint Venture) where any Member of the
consortium or incorporated joint venture falls under any one of the above.

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Special Instruction to Tenderers [Section-B (Commercial)] Page 20 of 33
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

handed over to the security agency/ guard/ gunmen shall be the sole
responsibility of the security agency/ security personnel. Any loss/misuse/wilful
damage to the devices shall be recovered from the Running Account bills of the
security agency as per the penalty provisions.
2.4.32 Supervisors shall monitor the movement of security guards / gunmen under their
jurisdiction on PC through GIS — GPS system installed at the respective stations.
The supervisor shall be responsible for tracking, monitoring and guiding DGR
guards through GPS system commissioned at respective stations.
2.4.33 Supervisors shall specifically ensure that personnel under their supervision are
performing their intelligence & ancillary duties along assigned stretches of ROW
as per schedule.
2.4.34 Supervisor will also coordinate the relieving duties of personnel, if required,
under his supervision for ROW so as to ensure continuity of services as per scope
of work during weekly off / National Holidays / other holidays.
2.4.35 To ensure that strangers or outsiders do not damage the Owner’s facilities in the
ROW, through intrusion or by any other means.
2.4.36 To enquire into any theft, pilferage, fires, disobedience, rowdism, indiscipline,
unauthorized activities and all other criminal activities in ROW, and immediately
report the same to the authorized officer of the Owner and lodge the complaint
with the local police authorities, on advice of Owner. Wherever necessary, the
security agency/ supervisor shall assist the Owner in filing FIR/ Liasion with
local Police Authorities.
2.4.37 To follow code of conduct, discipline and duties required to be observed by the
security personnel and instructions from time to time with utmost efficiency, zeal
and vigilance.
2.4.38 To carryout surprise checking personally by the security agency for the purpose of
ensuring proper functioning/ patrolling of the security arrangements deployed by
the security agency in the ROW.
2.4.39 Supervision, patrolling and ensuring safety and security of Owner’s mainline
facilities like TLP points, Warning boards, Markers, RCP stations, Boundary
Pillars, stores, equipment, materials etc. located all along the pipeline ROW.
2.4.40 All security personnel deployed by the agency shall have clean C&A records and
duly verified C&A records of each security personnel shall be forwarded to
respective EIC, prior to deployment, for reference and records.

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Special Conditions of Contract [Section-A- Technical]
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(पाइपलाइ भाग)

2.4.41 All security personnel deployed by agency shall be physically fit and well
conversant to communicate (verbal and written) in Hindi and local language.
2.4.42 The guards shall also send their inspection report on daily/ monthly basis in
approved Format. The guards shall submit daily/monthly reports by post Under
Postal Certificate. On completion of daily duty, security guard shall convey the
daily status report to respective supervisor over phone, who in turn on phone
shall convey the consolidated daily status report to EIC/ his authorize
representative 1000 hrs on the next day.
2.4.43 Night surveillance shall be for duration of minimum 8 hours daily, starting from
2100-2200 hrs on a day to 0500-0600 hrs on next day, excluding both way running
of vehicle between the starting/ end points of patrolling stretch and the
controlling station.
2.4.44 Duties and responsibilities of Night patrolling Security Supervisor and Armed
Guard/ Gunman:
a. The Security agency shall deploy night patrolling teams as advised by EIC for
carrying the night patrolling all along the ROW. Each team shall consist of two
armed guards and all team shall be supervised by security supervisor or as
advised by IOCL. Vehicle along with the driver for carrying out the night
patrolling will be provided by IOCL. The activity of the team shall consists of
carrying out night patrolling in all road crossings, vulnerable areas of IOCL’s
pipeline ROW including physical line walking along ROW wherever it is
possible as directed by the concerned EIC. Providing all necessary equipment
such as High Beam Lights, Whistle, Safety Shoes, Baton, Helmets etc. required
to carry out the job is in the scope of the security agency. IOCL has the right to
deploy these patrolling groups in any of the ROW stretches as per
requirement.
b. The place of reporting for commencement of inspection shall be the nearest
CP/ IP station and at the end of each inspection, each patrolling team shall
give the closing report from the nearest CP/ IP stations to the respective
control room. On noticing any incident, for example any encroachment /
construction upon the ROW of pipeline, suspicious movement of any people
near the ROW, pilferage attempts or any other activity which has the

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

possibility of causing any damage to the pipeline, the supervisor shall report
the incident immediately to the concerned ERPL (PHBPL) Barauni Control
Room/EIC and shall take up the matter with higher ups from his organization
and shall take necessary action as directed by the EIC. He may be directed to
undertake liaison with Police department or police station concerned and
arrange police help for removal of dangerous activity. The supervisor should
be totally involved with the liaison work consisting of:
 To inform concerned ERPL (PHBPL) Barauni officials/ EIC.
 To approach Police station and lodge formal police complaint.
 To arrange for visit of police authorities to the site for conducting the
investigation of incidents.
 To take the addresses and contact nos. of those involved in causing the
damages to the pipeline.
 To follow up with the Police Department for the case. Gunmen should
assist supervisor in all the above mentioned jobs.
2.4.45 Security agency shall provide replacement of security personnel in case of
protracted absenteeism, casual / sick leave etc. so as that no stretch is left
unattended on any day
2.4.46 The security agency shall also submit a detailed report on the surprise inspections
carried out day wise & stretch wise to EIC on daily basis. If it is found during the
surprise inspection that the patrolling team has not carried out the inspections as
per the Schedule to the satisfaction of the Engineer-In-charge, then it will be
construed that the patrolling team has not carried out the surprise inspections and
necessary deductions from Security Agency’s bill shall be made and the decision
of the EIC shall be final and binding in this regard. The security patrolling team
shall record the details of the surprise checks carried out during the night shifts in
the log book kept at the various CP/ IP stations immediately after completion of
the night inspections.
2.4.47 Night surveillance/ patrolling shall be continued on all days during currency of
the contract, irrespective of Sundays/ National Holidays/ Weekly off / other
festival holidays etc. No compensation other than that prescribed as per DGR
guidelines shall be applicable.
2.4.48 All Vulnerable locations identified must be visited during Night patrolling.
2.4.49 The agency shall give an undertaking that in case the contract is awarded to them,
an office will be opened in the sponsored state.

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Special Conditions of Contract [Section-A- Technical]
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

maximum extent so as to seek any clarifications or put forth their suggestions for
consideration of the Owner. This would facilitate the bidders to correctly submit their bid.
Hence, bidders shall treat the pre bid meeting as utmost important and depute competent
and senior persons, who have authority to sort out any technical and commercial issues..

10.3.0 In case, a bidder is not able to attend the pre-bid meeting due to any unavoidable reasons,
bidder shall submit their queries through seek clarification module at e-tender portal.
Kindly note that queries sent by email shall not be entertained. All the pre-bid queries are
to be submitted at e-tender portal only.

10.4.0 In case any Bidder does not attend the pre-bid meeting and also doesn't raise any queries
in writing at e-tender portal, it shall be understood that the Bidder has a clear
understanding of the BQC, scope, terms and conditions of the Bidding Document and does
not have any comment/ deviation with regard to the same.
10.5.0 Pre-bid queries should be in belowe format as per the format given below with the subject
“Pre bid queries – Tender Title and Tender Ref No”:

S. No. Tender Clause Number Query (if any) Justification

10.6.0 Any modification in the bidding document, which may become necessary as a result of
Pre-bid meeting or pre-bid queries shall be incorporated by issuing the addendum/
corrigendum by the Owner in the IOCL e-tender portal.
11.0.0 CORRIGENDUM/ ADDENDA/ CLARIFICATIONS
11.1.0 Corrigendum/ Addenda/ Clarifications may be issued by the Owner, prior to the date of
opening of the tender to clarify issues arising out of various queries/ clarifications relevant
to the tender documents from Bidders or to reflect modification in the design or contract
terms. Such addendum/ addenda shall be uploaded on the IndianOil e-tendering site
https://iocletenders.nic.in for reference of all Bidders. Each recipient shall retain one copy
of such corrigendum/ addendum/ addenda for submission along with the tender in
acknowledgement of receipt thereof. All such addendum issued shall form part of the
tender document.
11.2.0 Bidders may note that if they have downloaded the tender documents from the above
mentioned website by using Guest User ID, the intimation regarding Corrigendum/
Addenda/ Clarification shall also be sent to Guest User ID by the website and bidder may
miss the same. Bidders are therefore advised to ensure that they have downloaded all such
Corrigendum/ Addenda/ Clarifications that have been issued prior to the date of opening
of the tender. Before uploading the final offer, all such Corrigendum/ Addenda/
Clarifications must be considered by the Bidder. Owner shall not be held responsible on
this account and the bid may be rejected by the Owner.
11.3.0 If a Bidder does not take a note/ fails to take a note of the corrigendum/ addenda/
clarifications hosted on the e-tendering website on any accounts whatsoever and their offer
is without considering the corrigendum/ addenda/ clarifications, then Owner may reject
the offer.
12.0.0 CONFORMITY TO TERMS AND CONDITIONS OF BID DOCUMENTS
12.1.0 Bids shall be strictly based on the terms, conditions and specifications contained in the Bid
documents. Any deviation and exceptions taken to terms and conditions of the Bid
documents must be clearly listed out as per proforma of “Exceptions and Deviations” at
Annexure-2. Exceptions and Deviations are to be submitted in different folders giving

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इं िडयनऑयलकॉप रे शनिलिमटे ड
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related to pipeline operations and handling of emergency as prescribed from time


to time.
2.5.9 The security guard has to talk with respective supervisor/ EIC/ ERPL (PHBPL)
Barauni security chief / control room from all the intervening Repeater/ CP/ RCP
station through OFC or any communication falling within the patrolling stretch
giving details of ROW information.
2.5.10 The agency sponsored shall produce the copy of empanelment letter issued by the
office of DGR and retired officer/ personnel identity card for the purpose of
authentication.
2.5.11 The agency should get the character & antecedents (C&A) of each and every
workmen deployed by them in our premises, verified by the Police Authorities
before engaging and deploying them in our premises and thereafter as and when
sought by the location in charge.
C&A certificate/proof of submission of application for C&A verification for each
individual should be available at the time of deployment. It is to be ensured that
within three months of the deployment, all individual’s C&A certificates are made
available. In case of any individual’s certificate not being available, the individual
will be taken off the deployment.
2.5.12 The agency/contractor will be shown ROW, of their respective patrolling
stretches, by IOCL before start of the work. The Mainline patrolling stretches are
indicative and may be changed as per requirement.
2.5.13 In no case, IOCL shall be responsible for any injury / death of any person due to
the act of security guard/ supervisor while on duty and otherwise also during the
contract period.
2.5.14 As contractor’s personnel shall move along pipeline ROW, contractor shall inform
in writing to respective Police stations about details of their personnel (village
wise as well Pipeline Chainage wise) to be deployed in various stretches in order
to avoid any eventuality including firing by Police for mistaken identity. IOCL
shall in no way be responsible for any casualty in this regard.
2.5.15 The Contractor shall maintain a register for filling the details of duty. It shall be
responsibility of Supervisor to ensure the same. In case of any lapses, no payment
for the particular day for guards as well as Supervisor shall be made. In addition
daily report of patrolling as per the format provided by IOC to be sent to concern
EIC on daily basis by the supervisor.
2.5.16 For Station DGR guards, the Contractor shall maintain relevant records and
registers/carry out jobs assigned/conduct fire drills/Security protection scheme

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Special Conditions of Contract [Section-A- Technical]
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(पाइपलाइ भाग)

drills/Bomb threat mock drills as directed by Corporation/Plant officials time to


time
2.6.0 Qualification of Guards
2.6.1 Each Guard will patrol the stretch as specified above Table-A on daily basis which
will be tough for unhealthy and older aged guard, So all Security personnel must
possess sound health and good eyesight as well as, well built, energetic, mentally,
physically and medically fit. The medical fitness certificate of each guard shall be
submitted to the Engineer-in-charge before deployment of security personnel.
2.6.2 The average age of deployed security personnel should not exceed 50 years with
no individual above 65 years of age.
2.6.3 At least 50% of the guards should be competent to handle
computers/CCTV/other electronic security gadgets.
2.6.4 IOCL shall have right to ask the security agency to remove any person considered
incompetent or found unsuitable or for any other reason. Persons removed for the
above reasons shall not be deputed again to our premises without the consent of
IOCL.
2.6.5 The security agency shall ensure that no security personnel should have worked in
the capacity of cook, sweeper, barber, orderly, etc. in the Armed Forces.
2.6.6 The Security agency shall submit proper scrutiny of documents and training
records of all the security personnel proposed to be deployed so that it can be
verified that proposed security guards were not in support services in the Defence
Forces.
2.7.0 SPECIAL INSTRUCTIONS TO THE TENDERER
2.7.1 The quoted rates for the ROW Monitoring Personnel (DGR security guard) and
Supervisors (skilled) shall be as per the latest DGR guidelines.
2.7.2 Any variation/ increase/ decrease in the minimum wage rates/ special
allowances by the Statutory Authorities during the tenure of contract will be
reimbursed/ recovered at actual from contractor by IOCL. Wage of unarmed
security guard shall be as per prevailing wage structure issued by DGR/
Statutory Authorities. Further, if DGR incorporates any change in the service
charge of contractor, then it would be as per notification.
2.7.3 Requirement of guards may change anytime during the currency of the contract
and the agency shall provide additional guards / reduce the no. of guards within
15 days from the issue of order in this regard from this office. The additional

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Special Conditions of Contract [Section-A- Technical]
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guards shall be paid as per the awarded wage structure whereas, if the guards are
to be withdrawn, then agency shall not be compensated for the withdrawn guards.
2.7.4 IOCL reserves the right to intensify/ withdraw monitoring of any section of the
pipeline as and when required.
2.7.5 The contractor (service provider agency) shall provide personnel for monitoring
during the period of execution of maintenance work during daytime, on all the
days as directed.
2.7.6 The contractor (service provider agency) shall provide suitable alternate personnel
whose antecedents are pre-verified as per procedure, in case of absenteeism or
weekly off for any guard and ensure that each scheduled stretches are patrolled on
daily basis for 07 days a week.
2.7.7 The contractor (service provider agency) shall directly supervise and control the
personnel employed and shall also employ responsible supervisor(s) to be always
present to ensure discipline and behavior, proper monitoring of their personnel.
2.7.8 The contractor (service provider agency) shall ensure his personnel adhere to safe
working practice and take precautions against hazardous and unsafe working
conditions and shall comply with IOCL's safety rules as laid down from time to
time.
2.7.9 The contractor shall also ensure to maintain necessary records and file of the
personnel deployed for the work in a proper format with necessary proof. The
format should provide all the relevant details of domicile, education, residential
address, recent passport photograph, etc. The contractor shall inform IOCL in
writing of any change in the deputation of the personnel and take necessary steps
to update the information at no extra cost.
2.7.10 Payment to patrolling guard by the contractor at no way be linked with IOCL
payment to service provider agency & then releasing of guard payment by the
contractor.
2.7.11 Due to non-submission of proper monthly claim bill by service provider agency
with all requisite supporting documents such EPF, ESI, signed payment sheet of
guards etc., processing of contractor bill from IOCL end may be delayed for which
IOCL will not be responsible. In such delay cases contractor should not held up
guard monthly payment/ salary.
2.7.12 During conducting duty the necessary identity card (from service provider
agency) must be carried with him by the guard.

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Special Conditions of Contract [Section-A- Technical]
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

19.4.0 Reasons for rejection shall be disclosed on written representation by the concerned Bidder
whose bid is rejected.
19.5.0 IOCL reserves the right to use in-house information for assessment of Bidder’s capabilities
keeping in view their performance in past job(s) with any client. The final techno-
commercial evaluation shall be done on the basis of evaluation of financial soundness, past
experience, present commitment, credentials of the subcontractors proposed (if any),
capability to deploy specified manpower and equipments for the work and confirmation
regarding strict adherence to the time schedule to be submitted in the form of a bar chart
for the present work and all terms and conditions stipulated in tender documents .
19.6.0 Notwithstanding any provision contained anywhere else in the bidding document
regarding submission of any document by the Bidder, IOCL shall have the absolute
discretion to request Bidder for any additional/ outstanding documents for the purpose of
bid evaluation. Bidder shall submit all additional documents if asked for, in the manner
advised. However, in case of any shortfall in submitted documents related to Bid
Qualification Criteria mentioned in NIT, IOC reserves the right to complete the evaluation
based on the details furnished by the Bidder, with or without seeking any additional
supporting documents/ clarifications. Bidder shall submit reply to all queries from Owner
within the time period as specified by Owner.
19.7.0 Bids are liable for rejection in the following events:
 If the Earnest Money Deposit (EMD) is not deposited before closing date and time of
tender(Not applicable).
 Payment is made through NEFT/RTGS in wrong account.
 Incomplete/defective/unsigned Tenders.
 Conditional Tenders/ if the pages of the tender documents are tampered.
 Tenders with wrong Information’s, deliberately furnished.
 Bidder is holiday listed as per prevailing holiday listing guidelines.
 Bidder is banned for participation in tenders for a specific period as per CPE guidelines.
 Bidder is undergoing proceedings under Corporate Insolvency Resolution Process
(CIRP).
 Bidder not fulfilling NIT criteria/conditions.
 Bidder stipulates the validity period of the bids lesser to what is stated in the Tender
Document.
 Bidder stipulates his own conditions.
 If the bids contain unacceptable terms and conditions.
 Does not fill in and sign the tender form as well as the schedule of rates, annexures,
specifications, etc.
 In case the Price portion of the offer is indicated anywhere in Technical Bid.

 In case the bidder misrepresents facts or submits, forged, false or fabricated


document(s).
20.0.0 PRE-PRICE BID MEETING (As applicable)
20.1.0 Pre-price bid meeting may be held before price bid opening, if considered necessary by

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2.8.0 DUTIES AND RESPONSIBILIES OF THE AGENCY


2.8.1 The agency shall furnish the names and addresses of the guards posted in the
premises of IOCL and also when there is any change in guards.
2.8.2 If it is found that any property of the IOCL is lost/ damages due to the negligence
or connivance of the guards, the same shall be made good on the depreciated
value of the property damaged/ lost from the agency bill.
2.8.3 The agency shall submit a monthly report of compliance and happenings in the
premises and ROW stretch to the Engineer-in-charge.
2.8.4 The guards deployed will be deemed for all purposes and the agencies shall be
fully responsible for payment of wages and other dues and compliance of all
labour laws applicable to them.
2.8.5 In no case, IOCL shall be responsible for any injury/ death of any person due to
the act of guards while on duty and otherwise also during the contract period.
2.8.6 The armed guards deployed should have guns in good conditions & possess arms
license from appropriate authority.
2.9.0 PENALTY
(All ‘%’ to be read as ‘% of monthly bill’ unless stated otherwise)
2.9.1 ROW patrolling will be considered as done only if the GPS tracked data is
available in the security tracking system. In case of GPS system problem, no
deduction will be made as decided by EIC. GPS enabled mobile handsets /
tracking device will be given to the SG (Security Guard)/ SS (Security Supervisor).
On conclusion of the contract, the equipment shall be returned to the corporation
in good working condition. Any loss to corporation’s property on this account will
be recovered from Security Agency. In case of GPS system problem, no deduction
will be made as decided by EIC.
2.9.2 Cost of device shall be recovered from the contractor in case of theft / loss of
device & intentionally damage of device. However, device shall be maintained
and repaired by IOCL. The cost of device as decided by EIC shall be recovered
through pending bills.
2.9.3 If any tampering is found in the GPS set, penalty @Rs.1000.00 per instance will be
charged on the security guards/supervisor.
2.9.4 On repeated offence of tampering of the GPS set, the concerned guard will be
terminated & Security agency will engage new guard/supervisor.
2.9.5 In this regard, the Security agency shall warn the engaged guards/Supervisors.

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

2.9.6 Payment to the patrolling DGR guards will be done based on attendance recorded
by Guard tracking system. If the patrolling DGR guard is found to be deviating
from the normal route without proper approval, necessary penalties shall be
imposed to the security agency. Penalty for short walking in Pipeline ROW Geo-
fence / Walking outside Geo-fence by a guard shall be as follows:
Short walking in Pipeline ROW Geo-fence
Penalty Amount (Rs.) /day
/ Walking outside Geo-fence by a guard
Upto 01 Km 50.00
Upto 02 Km 100.00
Upto 03 Km 150.00
Half day Wage (Total monthly
Upto 06 Km
wage/30/2)
One day Wage (Total monthly
Above 06 Km shall be treated as absent
wage/30)
2.9.7 Penalty for deviation from specified route of night patrolling by patrolling team
shall be as follows-
Deviation from specified route by a
Penalty Amount (Rs.)/day
patrolling team & guards
Upto 10% of Vulnerable points provided by EIC 100.00
Upto 25% of Vulnerable points provided by EIC 200.00
Upto 50% of Vulnerable points provided by EIC 300.00
Above 50% of Vulnerable points provided by EIC 400.00

The penalty amount will be deducted from team (suppose there are 2 nos. of
guards in a team, then penalty of Rs.100.00 will be divided between two guards).
2.9.8 Repeated complaints on any of the above about an individual guard despite three
written warnings shall be liable for termination from line walking duty.
2.9.9 Day Patrolling will be considered to be done only when the guard patrols within
the Geo-fence (60 Meter Wide). However patrolling has to be carried out just
above the pipeline as far as possible. The penalty for not patrolling in Geo-fence
may be waived off in case the EIC/ SIC satisfies with the proper reason for
moving outside the Geo-fence.
2.9.10 Not available in Mainline / ROW for 8hours: All the Security guards & supervisor
shall be available for 8hours in Mainline/ROW. Guards not available in ROW will
be penalized @Rs.100.00per hours.
2.9.11 Penalty for discontinuing duty without advance notice: Security personnel leaving
the duty shall submit their resignation in writing to the Security Agency & the

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

agency shall inform IOCL, with minimum 15 days advance notice. If the above
condition is not followed, IOCL shall levy penalty amount equivalent to 15 days
salary of the offending Security personnel from the monthly Running Bill of the
security agency.
2.9.12 Day Patrolling by using two wheeler (motor cycle or bicycle) is prohibited. If, any
guard is found using two wheeler, a penalty of Rs. 100.00 per incident will be
deducted from the contractor.
2.9.13 Any other accessories provided to the patrolling team by IOCL (i.e. search light
etc.) shall be returned to the corporation in good working condition. Any loss to
corporation’s property on this account will be recovered from Security Agency as
decided by EIC.
2.9.14 If any of the contractor personnel averts any incident of pilferage because of his
alertness, sharpness etc., then he will be rewarded by IOCL in monetary terms /
gift items / memento to the maximum of Rs. 1500.00 (one thousand five hundred)
at sole discretion of IOCL.
2.9.15 Inappropriate observation (without shoes / tracker devices / poking rod / poor
handling of GPS devices etc.) during surprise checking: Rs. 300.00 for each
instance of surprise check.
2.9.16 In case of any theft, pilferage, loss damages to the Owner's properties in ROW
attributable to negligence or omission of duty on the part of the security personnel
deployed by the security agency, the Owner at its discretion will be entitled to
levy a penalty equivalent to the value of the loss/ damage for each such
happening up to a maximum of 5% of the annual contract value.
2.9.17 Security personnel found sleeping on duty: At 1st instance Rs.600.00/-and
thereafter the security guard to be replaced.
2.9.18 Salary not disbursed before 07th of every Month: Rs. 1000/-per month till the
wages are paid in full.
2.9.19 Required deployment not done within 10 days from the scheduled date -security
deposit will be forfeited and contract may be terminated.
2.9.20 Statutory obligations i.e. PF deposition, issue of ESI permanent card, insurance not
done etc. If not being carried out / being fulfilled in time / within the time frame
@ Rs 3000/- 1st time and if not carried out in the next month cumulative Rs
4,000/- and so on thereafter.
2.9.21 If at any time during the course of contract, it is observed by the Owner or his
authorized representative that the duties rendered by a security guard/ gunman/

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Special Conditions of Contract [Section-A- Technical]
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

23.5.0 Deleted
23.6.0 Deleted
23.7.0 Deleted
23.8.0 Deleted
23.9.0 CONDITIONS FOR PURCHASE PREFERENCE FOR MICRO & SMALL
ENTERPRISES (MSES) (NOT APPLICABLE FOR WORKS CONTRACT)
23.9.1 As per Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012 issued
vide Gazette Notification dated 23.03.2012 (and subsequent amendments) by Ministry of
Micro, Small and Medium Enterprises of Govt. of India, MSEs must be registered with any
of the following agencies referred above at Clause No. 7.2.1 in order to avail the benefits/
preference available vide Public Procurement Policy MSEs Order, 2012.
23.9.2 Further, Ministry of MSME vide Gazette notification no. CG-DL-E-26062020-220191 dated
26.06.2020 had notified certain criteria for classifying the enterprises as Micro, Small and
Medium Enterprises and specified form and procedure for filling the memorandum
(Udyam Registration) w.e.f.01.07.2020 (for complete details of policy refer website of
Ministry of MSME i.e. https://msme.gov.in/).
Accordingly, Micro and Small Enterprises (MSEs) shall be required to submit Udyam
Registration Certificate for availing benefit under Public Procurement Policy for MSEs
2012.
The enterprises registered prior to 30.06.2020 and who are not re-registered with Udyam
Registration, shall submit valid documents for availing benefits of PPP 2012.
23.9.3 Policy is meant for procurements of only goods produced and services rendered by MSEs.
Stockist/ traders are excluded from the purview of public procurement policy.
23.9.4 As per the purchase preference policy, out of the twenty five percent target of annual
procurement from micro and small enterprise, three percent shall be earmarked for
procurement from Micro and Small enterprises owned by Women entrepreneur and four
percent shall be earmarked for procurement from micro and small enterprise owned by
Scheduled Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs
(Women and Scheduled Caste & Scheduled Tribe Entrepreneurs) to participate in the
tender process or meet the tender requirement and L-1 price, sub-targets to the earmarked
shall be met from other MSEs.
23.9.5 Further, to qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by
District Authority must be submitted by the Bidder in addition to certificate of registration
with any one of the agencies mentioned at Clause No. 7.2.1. The Bidder shall be
responsible to furnish necessary documentary evidence for enabling IOCL to ascertain that
the MSE is owned by SC/ST. MSE owned by SC/ST is defined as:
(a) In case of proprietary MSE, Proprietor{s) shall be SC/ST.
(b) In case of partnership MSE, the SC/ST partners shall be holding at least 51% shares in
the Enterprise.
(c) In case of Private Limited Company, at least 51% share shall be held by SC/ST
promoters.
23.9.6 In case a Bidder deposits EMD, but neither submit registration certificate in their bid nor
mentions their status as MSE vendor in their bid, benefits of purchase preference under the
public procurement policy shall not be extended to such vendor. No clarifications would
be taken in this regard.

Tender No. BK/TS/970/2023-24/22


Special Instruction to Tenderers [Section-B (Commercial)] Page 29 of 33
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

2.9.28 Penalty for non conducting of training of Security Guards/Supervisors:


 For refresher training, in case of non compliance, corporation will get the
training done, the cost of training and overtime arising out of training +25%
incidental charges will be recovered from the agency.
2.9.29 Individual security personnel whose C&A verification certificate is not made
available within 03 months of deployment, will not be allowed to perform the
duties.
2.9.30 In case of the above instances occurring on repetition, the Owner has the right to
terminate the contracts.
2.9.31 In case during surprise checking, the contractor personnel are found not
discharging the contractual obligations for whatever reasons, the contractor will
be liable for a first penalty of Rs. 500/- per person per occasion and second & last
penalty for same person of Rs. 1000/-. After second penalty, the performance of
concerned security guard/supervisor shall be revaluated and if felt necessary,
replacement would have to be provided by the contractor.
2.9.32 In case of any duty point/ location found unmanned or less number of guards
than required and agreed numbers, an appropriate penalty shall be imposed to the
contractor at the discretion of officer-in-charge for each of such lapses/ non-
compliance of duty.
3.0.0 LOCATION OF WORK
PHBPL (30” Crude Pipeline) Right of Way (ROW) under PHBPL Barauni Jurisdiction in
Bihar & Jharkhand State.

4.0.0 SCOPE OF SUPPLY


4.1.0 OWNER’S SCOPE OF SUPPLY
4.1.1 The Owner shall not supply any material whatsoever required for the work and
Contractor has to arrange all materials required for the work as per specification of
the work.
4.2.0 CONTRACTOR’S SCOPE OF SUPPLY
4.2.1 All manpower, tools and tackles, equipment’s, transportation, mobilization &
demobilization etc. are to be arranged by the contractor at his own cost.
4.2.2 Material supplied by contractor should be of approved make.
5.0.0 WATER & POWER SUPPLY
5.1.0 In partial modification of the provisions of clause 3.3.0.0, 3.4.0.0 and 3.5.0.0 of the
General Conditions of Contract (GCC), it is hereby clarified that it shall be the

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

responsibility of the Contractor to arrange water supply & its storage at site and
power supply at his own cost for execution of work. Owner shall not be
responsible for supplying water and Contractor shall ensure timely and adequate
supply of water to meet the schedule. DG set of suitable capacity may be installed
and operated by the contractor at his cost. Owner shall not be responsible for
power supply and contractor shall ensure proper supply of electricity to meet the
schedule. The electrical works shall be carried out through Licensed Electrical
personal only.
5.2.0 Contractor shall assess and make necessary arrangements for ensuring availability
of sufficient quantity of quality water required for drilling purpose. Contractor
shall obtain necessary permits/ clearance from the concerned river/ canal
authorities before the water being used.
5.3.0 Water shall be free from dirt, contamination and harmful matter detrimental to the
quality of work and shall in general, conform to the requirements specified in IS:
456-1978. Potable water in general may be suitable for the purpose.
5.4.0 Engineer-in-Charge, at his discretion, may allow the contractor to take water
supply from Owner's source of water. All connections necessary for this purpose
including installation of a flow meter approved by the Engineer-in-Charge shall be
made by the Contractor at his cost.
5.5.0 The Contractor shall pay to the Owner charges towards utilisation of water at the
prevailing rates. The Owner shall, however, not be responsible for any disruption
in the water supply due to any reasons whatsoever & the same shall not constitute
any ground for extension of completion time and compensation of any nature.
5.6.0 Subject to the provisions of General Conditions of Contract, the Engineer-in-
Charge at his discretion may allow the Contractor to use 3-phase/1-phase
electrical power from the nearest sub-station(s). The Contractor shall be required
to make his own arrangements for taking the power upto work site through
properly laid cables and shall arrange his own energy meter which shall be
properly calibrated and sealed by the Site Engineer. The Contractor shall be
charged for the power consumed at the prevailing rates of State Electricity
Board(s).
5.7.0 Without prejudice to the provisions contained in Clause 5.6.0 above, the Owner
shall not be responsible for any disruption of power supply due to power cut/
load shedding/ failure in supply & also for any unforeseen reasons whatsoever
and the same shall not constitute any ground for extension of completion time and
compensation of any nature.

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

6.0.0 TIME OF COMPLETION


6.1.0 Twenty Four (24) months from the date of site clearance given by Engineer-in-
Charge through specific notice. Specific Notice shall be issued within Three (03)
months from the date of LOA.
6.2.0 In addition to the provisions of clause 4.3.0.0 of the General Conditions of Contract
and the associated clauses there under, the Contractor shall be prepared to execute
the works in three shifts and on Sundays and holidays if so directed by the
Engineer-in-Charge. No claim for a compensation or extra payment whatsoever
on this account will be entertained.
6.3.0 The contract may be terminated as per our General Conditions of Contract.
7.0.0 MODE OF MEASUREMENT
All items of work shall be measured and paid for as per the unit rate provided in
the Schedule of Rates.
8.0.0 ON ACCOUNT PAYMENT
8.1.0 All the payments in Indian Rupees will be released through e-banking only from
ERPL Barauni HQ. The successful bidder should provide their bank details as per
the annexed format at the time of signing of the Contract/ submission of tender.
8.2.0 All payments to & recoveries from the contractor shall be rounded off to the
nearest rupee. If the amount to be paid /recovered consists of a fraction of a rupee
(paise) the amount shall be rounded off to the next higher rupee if the fraction
consists of 50 (fifty) paise or more and if the fraction of a rupee is less than 50
(fifty) paise the same shall be ignored.
8.3.0 Payment shall be subject to deduction of income tax at source, as applicable or any
other taxes.
9.0.0 SAFETY & POLLUTION CONTROL
9.1.0 In addition to the provisions of clause 10.0.0 of GCC, the Contractor shall take all
reasonable precautions to avoid pollution or contamination of the air, land or
water arising out of the performance of the work. Disposal of returns and cuttings
produced by the work shall not be allowed to be discharged in the river.
Contractor shall make arrangement at his own cost and initiative to dispose off the
return and cuttings generated from the drilling operation, as to avoid any
pollution to the environment. Should there be a discharge or escape of appreciable
quantity of pollutants or contaminants during performance of its obligations
under this contract which occurs as a result of activities of the Contractor or its
sub-contractor, the Contractor shall immediately take all necessary actions to

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Special Conditions of Contract [Section-A- Technical]
इं िडयन ऑयल कॉप रे शन िलिमटे ड
(पाइपलाइ भाग)

products/ equipment/ material of Indian origin conforming to specifications as well as


construction expertise available indigenously and associate experienced Indian Agencies
under overall supervision and responsibility of Contractor. This may be read in
conjunction with relevant clauses of SIT (Technical)/ SCC (Technical).
29.0.0 CURRENCIES AND PAYMENT
29.1.0 Bidders shall quote their prices in Indian Rupees only.
29.2.0 All payments will be made in Indian Rupees only. In case Bidders are required to pay any
amount in foreign currency to their subcontractor or for any imported items, necessary
arrangement for such foreign currency payment shall be made at their end.
29.3.0 All the payment in Indian Rupees and shall be released through e-banking only. Successful
Bidder shall submit details of their Bank Account for e-payment purpose as per Annexure-
19.

30.0.0 PLACE OF PAYMENT


All payment in Indian rupees shall be released from the office of

As per relevant clause of SIT (Section-A-Technical)

31.0.0 CONTACT PERSON FOR ANY GRIEVANCE:


Contact person for grievance redressal is as under:

Name : Mr. Govindji Nigam


Designation: Chief Human Resource Manager
Email: nigamgovind@indianoil.in
Tel: 06243-242653 / 9958006605

32.0.0 HOLIDAY LISTING OF VENDORS :


32.1.0 With the purpose to protect the Corporation from dealing with undesirable party, Indian
Oil Corporation Limited follows its own guidelines of Holiday Listing.
The terms "Party" shall mean Bidder/ Licensor/ Tenderer/ Consultant/ Vendor/
Contractor/ Sub-vendor/ Sub-contractor/ Sub consultant.
Reason for putting a party on holiday list may include any one or more of the following:
If a party
a. Has indulged in malpractices such as bribery, corruption, fraud and pilferage, bid
rigging/ price rigging
b. Is bankrupt or insolvent or is being dissolved or has resolved to be wound up or
proceedings for winding up or dissolution have been instituted.
c. Has submitted fake, false or forged documents/ certificates.
d. Has substituted materials in lieu of materials supplied by IOCL or has not returned
or has short returned or has unauthorizedly disposed off materials/ documents/
drawings/ tools or plants or equipment supplied by IOCL.
e. Has obtained official company information or copies of documents, in relation to
the tender/ contract, by questionable methods / means.
f. Has deliberately violated and circumvented the provisions of labour laws/
regulations/ rules, safety norms or other statutory requirements.

Tender No. BK/TS/970/2023-24/22


Special Instruction to Tenderers [Section-B (Commercial)] Page 32 of 33
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

Sl. No. Nature of Violation Penalty

1% of the contract
value (maximum of
(ii) Fatal accident
Rs. 10 lakh) per
fatality + Rs. 5000/-

Rs. 10000/- per


e) Hot work without proper Clearance / permit
occasion

Rs. 500/- per


f) Non Display of name board / Permit etc.
occasion

Non fencing of excavated area in operating Rs. 1000/- per


g)
station occasion

Non-protection of deep excavation by way of Rs. 10000/- per


h)
shoring and strutting. occasion

Over speeding of jeep / bus etc. in operating Rs. 1000/- per


i)
station occasion

Rs. 500/- per


j) Inadequate or non-availability of First Aid Box
occasion

*Aforesaid penalty clause is over and above, the applicable statutory


requirements.
In case of accidents depending on the seriousness of injury etc. in addition to
the hospitalization / Treatment charges and Group insurance amount,
compensation shall be paid by the Contractor to the affected person / his
family members in presence of Engineer-in-charge as per Workmen
Compensation Act.
10.2.0 Safety practices while working at height
i. In line with the OISD guidelines on “Safety practices during construction” (OISD-
GDN-192), the Contractor shall ensure that additional safety measures like
providing Fall Arrestor type safety belt, safety net for all activities being done in line
with tender requirements at a height of 2.5 meters and more depending upon the
site conditions and job requirements.

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

11.0.0 RESTRICTION OF VISITORS


11.1.0 The Contractor shall not allow any visitors on the work or premises of the sites
without approval of the Engineer-in-Charge and/or Site Engineer.
12.0.0 PERSONAL ACTS AND LIABILITIES
12.1.0 Any money paid to any director, attorney, agent, officer or employee of the
Contractor and any receipt, settlement, acknowledgement of liability or other
arrangement, agreement or document whatsoever signed by any such director,
attorney, agent, officer, or employee of the Contractor or erstwhile director,
attorney, agent, officer or employee of the Contractor (without notice of his
cessation of interest) or by any person held out to be a director, attorney, agent,
officer or employee of the Contractor authorised to act on behalf of and/or to bind
the Contractor, be binding upon the Contractor and shall constitute a full release
and discharge to the Owner and/or settlement, acknowledgement or obligation of,
upon or with the Contractor, as the case may be, and the Owner shall not be
concerned with the actual application of any money so paid or of the actual
authority of such director, attorney, agent, officer or employee (actual, erstwhile or
purported as the case may be) vis-à-vis the company to make the settlement,
receipt, acknowledgement, agreement or other document concerned.
13.0.0 INDEMNITY AND INSURANCE
13.1.0 In further to provisions of clause 8.5.0.0 of GCC, the Contractor shall undertake to
provide comprehensive accident insurance coverage in respect of every employee
employed by him for carrying out Owner’s job. Contractor shall satisfy the Owner
of the same within the time prescribed by the Owner but before the actual
commencement of the job awarded to him.
13.2.0 Insurance of all the equipments, machinery, plant, tools & tackles, vessels and any
other equipment brought to site for completion of work and which are not meant
for permanent incorporation in the work shall be to the Contractors account and
suitable insurance cover should be taken on his own.
13.3.0 The Contractor shall provide the following insurance through his regular agency
to cover his men, machinery and equipment.
a) Workman compensation Insurance for the persons deployed for execution of
the work.
b) Group Personnel Accident Policy.
c) All other Insurances like all risk insurance, third party liability etc. The
Contractor shall obtain necessary third party insurance and shall indemnify the

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

owner against any loss or damages caused to any other party /agency
/individual.
14.0.0 FORCE MAJEURE
14.1.0 In partial modification of clause 4.3.8.0 of GCC, Local "Bandh" shall be included in
"FORCE MAJEURE".
15.0.0 DEFECT LIABILITY PERIOD AND LATENT DEFECTS/SECURITY DEPOSIT
15.1.0 In partial modification of clause 5.6.0.0 of GCC, defect liability period is not
applicable for this tender.
15.2.0 Contract performance guarantee or security deposit shall be deducted from the
Agency’s monthly service charges in instalments. However, the total amount of
SD for the full contact shall be limited to 3% of one month’s contractual wage bill.
Any security deposit shall be refunded after completion of the contract.
16.0.0 SAFETY AND SECURITY
16.1.0 All the work shall be carried out within the premises of existing complex and/ or
in the vicinity of Petroleum Installation. The Contractor shall therefore take all
precautions necessary to safeguard all existing buildings, underground/ over
ground cables, piping, sewage lines etc. and shall also abide by relevant rules of
safety including explosive rules & regulations enforceable within the limits of
Petroleum Installations. The Contractor shall also take such other precautions and
resort to such other additional safety measures as may be directed from time to
time by the Engineer-in-Charge and/or Site Engineer.
16.2.0 The contractor shall be responsible to enforce in his work force strict discipline
and safety consciousness, required to be observed in operating Petroleum
Installation and shall ensure that the work is carried out under constant
supervision by Competent Supervisors who are adequately informed and
experienced for handling the work in such environment.
16.3.0 SAFETY REGULATIONS FOR CONTRACTORS
It will be the responsibility of the departments concerned that the following rules
& regulations are strictly observed by the Contractors working in the battery area
of the Pipeline Installations.

i. Smoking, carrying of match boxes or any other means of ignition is strictly


prohibited. Any Contractor's employee, who is found smoking or in the
possession of the match box or lighter or any other means of ignition in
prohibited area will be turned out and will not be permitted to re-enter the
battery area premises.

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Special Conditions of Contract [Section-A- Technical]
CHAPTER - IIIA
SPECIAL CONDITIONS OF CONTRACT

[SECTION-A – TECHNICAL]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

xiii. Whenever it is necessary to block off any road in the Pipeline Installation area,
proper barriers with caution boards should be placed on both sides, after
obtaining the necessary permission from the Station-in-Charge or Engineer-in-
Charge.
xiv. Contractor shall adhere to safe construction practice and guard against hazardous
& unsafe working conditions and shall comply with Owner’s safety rules as set
forth herein.
xv. Carrying/ stacking of materials, lighters inside, station, tank farm or dock limits
are strictly prohibited. Violators of “No smoking” rules shall be discharged
immediately. Within the operation areas, no hot work shall be permitted without
valid gas safety/ fire permits.
xvi. Contractor shall ensure that personnel engaged by them during execution of the
work shall be adequately trained in environmental aspects related to their field of
work.
xvii. In addition, any other instructions given by Engineer-in-Charge shall be followed.
xviii. On non-compliance of any of the above, Engineer-in-Charge will take penal action
as will be deemed fit including stoppage of work.
16.4.0 USE OF PERSONAL PROTECTIVE EQUIPMENTS
The following guidelines are required to be followed strictly by all Contractors:

i. All necessary personal protective safety equipment as considered by the Engineer-


in-Charge should be made available by the contractor, for the use to the persons
employed on the site and maintained in a condition suitable for immediate use & the
Contractor should take adequate steps to ensure proper use of equipment by those
concerned.
ii. All personal, protective equipment as per direction of Engineer-in-Charge should
be arranged by the Contractor before starting the work.
iii. Workers employed on mixing asphaltic materials, cement and lime mortars shall
be provided with protective footwear and protective gloves.
iv. Those engaged in white washing and mixing or stacking of cement and bags or
any materials that are injurious to the eyes shall be provided with protective
goggles.
v. Those engaged in welding and cutting works shall be provided with protective
face & eye shields and gloves etc.

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

vi. Stone/ Concrete breakers shall be provided with protective goggles and protective
clothing and seated at sufficient safe distance/ place.
vii. When workers are employed in sewers and manholes, the Contractor shall ensure
that the manhole covers are opened and are ventilated at least for an hour before the
workers are allowed to get into the manholes and the manholes so opened shall be
cordoned off with suitable railing and provided with warning signals or boards to
prevent accident to the public.
viii. No paint containing lead or lead product shall be used except in the form of paste
or readymade paint.
ix. Suitable face masks shall be supplied for use by the workers when paint applied in
the form of spray or a surface having lead paint dry rubbed and scrapped.
x. All materials shall be supplied by the contractor to the workman and adequate
facilities shall be provided to enable the working painters to wash during and on
cessation of work.
xi. When the work is done near a place where there is a risk of drowning, all
necessary safety equipment shall be provided and kept ready for use and all
necessary steps taken for prompt rescue of any person in danger and adequate
provision should be made for prompt first aid treatment of all injuries likely to be
sustained during the course of the work.
xii. On non-compliance any of above, Engineer-in-Charge will take penalty action as
will be deemed fit including stoppage of work
16.5.0 FIRST AID AND INDUSTRIAL INJURIES
a) Contractor shall maintain first aid facilities for its employees and those of its
approved sub-contractors.
b) Contractor shall make outside arrangements for ambulance service for the
treatment of industrial injuries. Names of those providing these services shall
be furnished to Engineer-in-Charge prior to start of construction and their
telephone numbers shall be prominently displayed in Contractor’s Field office.
c) All critical industrial injuries shall be reported promptly to Engineer-in-Charge
and a copy of Contractor’s report covering each personal injury requiring the
attention of a physician shall be furnished to Owner.
17.0.0 ARBITRATION
All disputes arising out of this work order shall be referred to the sole arbitration
of a person selected by the contractor out of panel of three persons nominated by
the Chief General Manager, ERPL Barauni and his decision / award shall be final

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

and binding on the pipelines and the contractor. Subject to as aforesaid, the Indian
arbitration Act, 1940, shall apply to the arbitration proceedings under this contract.
18.0.0 NON ASSIGNABLE
No part of the contract or any share or interest there in shall in any manner or
degree to be transferred, assigned or sub–let by the contractor directly or
indirectly to any person firm or company whatsoever without written permission
of Engineer-in-Charge.
19.0.0 UNDERGROUND AND OVERHEAD STRUCTURES
The contractor shall familiarize himself with and obtain information & details
from the owner in respect of all existing structures, overhead lines and existing
utilities existing at the work site before commencing work. The contractor shall
execute the work in such a manner that the said structure, utilities, pipelines etc
are not disturbed or damaged and shall indemnify and keep indemnified the
owner from and against any destruction thereof or damages thereto.
20.0.0 PERMITS FOR EQUIPMENTS AND MATERIALS
The Contractor shall at his own cost and initiative arrange for and obtain all
necessary permissions, permits consents and licenses, as may be necessary to
transport the Contractor's materials, tools, equipment, machinery, and labour
along or across highway, roadway, railway, bridge, dyke, dam, river or through
posts of toll collection or other line border or barrier (if any).
21.0.0 JOB SUPERVISION
To ensure quality of the job & security/ safety at site, contractor is required to
deploy for each job/ each job site experienced & trained supervisor(s) with due
approval of Engineer-in-Charge.
22.0.0 SITE VISIT
The tenderer may visit the site before submission of the tender to have an idea &
familiarize themselves with the existing conditions & the nature of the job. Non-
familiarity of the site shall not be considered for extra claim or for not carrying out
the work in strict conformity with the specifications.
23.0.0 LABOUR LAW AND REGULATIONS
23.1.0 Before starting of work, the Contractor shall obtain a licence from concerned
authorities under the Contract Labour (Abolition and Regulation) Act, 1970, and
furnish a copy of the same to the Engineer-in- Charge.

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

SPECIAL CONDITIONS OF CONTRACT


1.0.0 GENERAL
1.1.0 Special Conditions of Contract (SCC) shall be read in conjunction with the General
Conditions of Contract (GCC), specifications of work, drawings and other
documents forming part of this contract wherever the context so requires.
1.2.0 Notwithstanding the sub-division of the documents into these separate parts and
volumes, every part of each shall be deemed to be supplementary to and
complementary of every other part and shall be read with and into the contract in
so far as it may be practicable to do so.
1.3.0 Where any portion of the GCC is repugnant to or at variance with any provision of
the SCC, then the provision of the SCC shall be deemed to override the provisions
of the GCC and shall, to the extent of such repugnance or variations, prevail.
1.4.0 Wherever it is mentioned in the specifications that the Contractor shall perform
certain works or provide certain facilities, it is understood that the Contractor shall
do so at his own cost, being deemed to be part of the relevant item in the Schedule
of Rates (SOR) whether expressly stated or not.
1.5.0 The materials, design and workmanship shall satisfy the relevant Indian
Standards, the specifications contained herein and codes referred to. Where the
specifications stipulate requirements in addition to these contained in the standard
codes and specifications, these additional requirements shall also be satisfied.
2.0.0 SCOPE OF WORK
2.1.0 The Scope of work and responsibilities to be executed by the Security Agency shall
include but not limited to the following activities:

2.2.0 Scope of work for shall include rendering comprehensive services of MAINLINE
ROW / Sectionalizing Valve / CP/ RCP Station inspection, Monitoring,
Surveillance & Emergency Reporting Activities in Right of Way for the designated
length, other assets and equipment related to pipeline operation under Bihar &
Jharkhand state of PHBPL Barauni Jurisdiction.

2.3.0 Following (Table-A) is the length of ROW, numbers of guards required under
reporting IOCL station, district through which the pipeline is traversing through
Bihar & Jharkhand state:

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

23.4.0 EMPLOYMENT OF LABOUR: The Contractor shall ensure that local labour,
unskilled as well as skilled to the extent possible and available from local
resources are preferentially employed on work with special priority being given to
the persons and/or dependents of persons whose lands have been acquired for the
Pump Station/ Scrapper Station/Terminal Stations or Barauni-Kanpur Pipeline
Project.
23.5.0 The contractor shall be responsible for all the claims of his work force and the
contractor shall not make any claim whatsoever against the owner.
23.6.0 The contractor shall observe all the laws and the other statutes, fire & safety/
security regulations of the Corporation enforced or may be enforced from time to
time.
23.7.0 Contractor will not engage any persons/ person with doubtful antecedent and
have to give undertaking in this regard. If during course of contract any person(s)
found to have doubtful antecedent, his all contract(s) with Eastern Region
Pipelines, Barauni is/ are liable to be cancelled & contractor shall be put on
holiday list permanently.
23.8.0 The contractor shall secure compliance of all the statutory provisions prescribed
under various Labour Laws/Acts enactment applicable to him/them like Contract
Labour (Regulations & Abolition Act 1970). Factory Act 1948 as amended from
time to time, State (Bihar or UP or Jharkhand) Factories Rules, Employees
Provident Fund & miscellaneous provisions Act 1952. Payment of Wages Act 1936,
Minimum Wages Act 1948, Payment of Bonus Act 1965, Workman’s
Compensation Act 1923, Industrial Establishment Holidays Act etc. and or such
other Acts or Laws, regulations passed/ amended by the Central, State a
municipal and local Govt. Agency or authority including the Leaves & Medical
Rules and observe all statutory obligations. Any failure on the part of contractor to
adhere to such statutory obligations shall be dealt with as per provision of the
Laws/Acts! Enactments/ Statute and the Contract.
23.9.0 The contractor shall ensure that his workers are paid wages not less than the
minimum wages as notified by the central/state governments from time to time
for the nature of jobs to be done by his workers in this area and is also liable to pay
at such rates in case of any increase in minimum wages during the contractual
period including arrears, if so notified by Central govt./Government of Bihar as
applicable.
23.10.0 The owner may specify the minimum wages to be paid for specific jobs. In such
cases the minimum wages as indicted by the owner in this tender elsewhere shall
substitute the minimum wages notified by state governments. The increase in state

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

notified minimum wages, if any during contractual period, shall be payable as


given in above clause.
23.11.0 The contractor shall make payment of wages to the contract labours engaged by
him between 1st & 7th of each month through cheque. If 7th day is holiday/
closed day the wage payment is required to be ensured on an earlier working day.
23.12.0 Unless exempted in writing by EIC based on the specific request of labour
concerned, contractor has to get a bank account opened for each of the labours
employed by them and labour wages shall be paid directly into their bank
accounts. A copy of the monthly bank advice for crediting the labour wages to
their accounts shall be furnished to the EIC for information & record.
23.13.0 The Contractor shall maintain properly all the records, registers and accounts
books as they relate to compliance of statutory provision and furnish the
reports/returns and relevant information to the Government authorities/officials
prescribed under the various Labour Law, Acts and shall produce the same as and
when required on demand by the Govt. Authorities and officials and by the
authorized Engineer-in-Charge/any other authorized personnel of the
Corporation.
23.14.0 Contractor (irrespective of the number of persons) engaged shall maintain the
register and records under Contract Labour (Regulation & Abolition) Act 1970 as
per the following list:
1. Register of workmen of Form No. XIII
2. Employment card for each worker in Form No. XIV
3. Service Certificate on termination of employment in Form No. XV
4. Muster Roll in Form No. XVI
5. Register wages in Form No. XVIII
6. Register wages cum muster roll in Form No. XVIII
7. Wage slip to each workmen in Form No. XIX
8. Register of deductions for damages or loss in Form No. XX
9. Register of fines in Form No. XXI
10. Register of Advance in Form No. XXII
11. Register of Overtime in Form No. XXIII
12. Display of abstract of the act
The Contractor shall send a half yearly return in Form No. XXIV in duplicate (one
copy to the Licensing Officer and another to the management)
23.15.0 The Contractor shall have to produce Labour License if they engage more than 19
Labourers/days in total for all the jobs under him, from the competent Office
before the commencement of the work, failing which his/their tender will be
rejected and earnest money deposited by him/them shall be forfeited.

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

23.16.0 The Contractor shall engage adequate number of work force of various relevant
categories for smooth running of contract. The Contract shall bear all the expenses
of whatsoever nature that may be towards engagement of such work force.
23.17.0 The contractor shall maintain a register showing Name, Father’s Name,
Designation, Date of birth and address of the persons so engaged along with
Photograph of each person and shall produce the same for inspection of demand
by the concerned authority (ies).
23.18.0 Every contractor shall give a declaration in Form No. 1 and list of persons
employed on job in Form No.1 on the commencement of job.
23.19.0 Statement in Form No. III verified by the concerned Engineer-in-Charge shall have
to be enclosed with the Contractor’s monthly bill.

23.20.0 The contractor shall submit only one bill in a month. A valid challan of monthly
remittance of PF Contribution to PF accounts showing name(s) of contract
labourers overleaf to be mandatorily attached with work contract related bills. A
copy of wage register showing that payment of wages not less than minimum
wages have been made to the Contractor’s worker up to the last month i.e. prior of
the month in which the bill is being submitted failing which the bill shall not be
processed by Finance Department.
23.21.0 The staff of the contractor shall be liable for search anytime in IOCL premises
including on entry/ exit. The contractor shall issue identity card bearing
photograph to each worker as per the Rules of the Corporation. If the Corporation
is not satisfied with the conduct etc. of any of the staff, the contractor shall have to
replace the person concerned as per advice of appropriate authority.
23.22.0 Contractor shall not permit his staffs that are not on duty to be present in the IOCL
premises.
23.23.0 The contractor shall secure compliance under the Employees Provident Fund &
Miscellaneous Provisions Act, 1952 under his/ their P.F. Code. The Contractor
shall send the following forms to the P.F. Authorities:
(a) Form No. 2 - Declaration/ Nomination Form for P.F.
(b) Form No. 9 - Declaration/ Nomination Form for pension Scheme.
(c) Form No.11 - Declaration Form.
(d) Monthly statement of contribution with triplicate copies of the Challan.
(e) Form No. 13 shall be required to be filled in case of employees shifting from
one contractor to another.

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

23.24.0 The contractor shall abide by all the rules & follow the system/ procedure framed
by the corporation for securing compliance of various provisions of the statutory
Labour Acts applicable to the Corporation.
23.25.0 The contractor shall obtain insurance coverage in respect of workmen towards
compensation as admissible under workmen’s Compensation Act 1923 upon
death/ disablement of workmen.

23.26.0 In the event of any claim arising due to breach of any of these laws, Rules &
Regulation relating to the above subject, the contractor would be personally liable
for such breaches, violation or contravention or provisions of the above laws,
rules, codes etc. and in case of his failure to make payment, if the Corporation is
required to pay, the Contractor will indemnify the Corporation against all such
claims.
23.27.0 No labour below 18 years of age shall be employed.
23.28.0 No contractor employees (worker/supervisor) shall be allowed to work more than
16 hours a day.
23.29.0 Deleted
23.30.0 Deleted
24.0.0 SITE CLEANING
24.1.0 The contractor shall keep the vehicle clean at all times to the satisfaction of the EIC
for easy access to work site and to ensure safe passage, movement and working.
24.2.0 If the work involves dismantling any existing structure in whole or part, care shall
be taken to limit the dismantling upto the exact point and/or lines as directed by
EIC and any damage caused to the existing structure beyond the said line or point
shall be repaired and restored to the original at the contractor’s own cost and risk
to satisfaction of EIC, whose decision shall be final and binding upon the
contractor.
24.3.0 After completion of works, the tenderer shall clear the work site as per the
direction of Site Engineer/Engineer-in-Charge and the area is to be restored to
original condition.
25.0.0 VARIATION IN ITEMS AND QUANTITIES
25.1.0 OWNER has rights to increase /decrease the tendered quantity of any or every
item and delete any item at any stage of work at the accepted rates. The
Contractor’s claim for compensation or damages on account of these shall not be
entertained subject to provision contained in GCC.

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

26.0.0 ENVIRONMENTAL MANAGEMENT SYSTEM AND AWARENESS


26.1.0 Eastern Region Pipelines, Barauni is certified and follows Integrated Management
System (Quality Management System ISO 9001:2015, Environment Management
System ISO 14001:2015, ISO 45001:2018 & Energy Management System ISO
50001:2018).
26.2.0 Integrated Management System of ERPL Barauni requires that contractors
working in ERPL Barauni should be able to demonstrate that their employees have
requisite awareness towards environmental issues.
26.3.0 Contractors are to conduct an Environment Awareness programme for their
contract labour in consultation with Engineer-in-Charge prior to start of work and
submit their views in format.
26.4.0 Any waste generated by the contractor while executing any job shall be safely
disposed off at site selected by the EIC.
26.5.0 Contractor shall ensure that personnel engaged by them during execution of the
work are adequately trained in environment aspect related to their field of work.
27.0.0 CO-OPERATION WITH OTHER CONTRACTORS
27.1.0 During execution of the works covered under this contract, the Contractor shall be
required to co-operate with other Contractor(s) or agency (ies) that may be
engaged by owner to carry out other works. Therefore the contractor shall,
whenever so required, cooperate with Owner and other Contractors or agencies
engaged, to ensure harmonious working between the Contractor and the Owner &
the other contractors or agencies involved and shall comply with any instruction
issued, by the Engineer-in-Charge and/or Site Engineer for this purpose.
27.2.0 Work shall be carried out in such a manner as to cause least interference with or
affect or retard or disturb the progress of work being executed by other
Contractors or agencies.
28.0.0 TERMINATION
28.1.0 In addition to the clause No. 7.0 of General Condition of Contract the following
clause shall also be taken in to account:
28.2.0 If the performance of the party is not found to be satisfactory the contract can be
terminated at a notice of 7 days by IOCL during the currency of the contract. IOCL
may engage another agency to complete the pending jobs under this contract at
the risk & cost of the contractor. The contractor shall not be entitled for any
compensation on account of such foreclosure/ termination.
28.3.0 No tenderer shall contract the OWNER on any matter relating to its bid from the
time of the bid described to influence the OWNER in any way concerning

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

scrutiny, consideration, evaluation or computation of the Bid (s) or decision


concerning award of contract shall entail rejection of Bid, opening upto the time
that the contract is awarded. Any effort by a Tenderer or Tenderer’s agent,
consultant or representative howsoever.
29.0.0 EVALUATION CRITERIA
29.1.0 The contractor shall quote in the space provided in the BOQ in figure only (After
enabling macro, rate & amount in word shall be automatically given by system).
29.2.0 Tender evaluation will be done on overall landed cost basis for all items of BOQ
put together.
29.3.0 Monthly charge is fixed by the DGR authority and will be regulated as per the
minimum wages of DGR and Bidder has to submit their quote in the available
space of BOQ. Based on lowest quoted rate, work will be awarded. If all bidders
quote same rates, L-1 position will be decided based on seniority basis. The order
of seniority of sponsored agencies/ companies/ corporations shall be as indicated
in the sponsorship letter.
30.0.0 CONDUCT OF CONTRACTOR’S EMPLOYEES
30.1.0 The employees of the Contractor have to be well behaved & well mannered. On
the advice of Engineer-in-Charge the contractor shall immediately remove from
the work any person who misbehaves or causes any nuisance or who is in the
opinion of the Engineer–in-Charge is not competent. Such person shall not be
employed again at our site without written permission of the Engineer–in-Charge.
31.0.0 SETTING OUT OF THE WORKS
31.1.0 The Contractor shall be responsible for the true and proper setting out of the
works and for the correctness of the position levels, dimension & alignment of
all parts of the works and for the provision of all necessary instruments,
appliances and Labour in connection therewith.
31.2.0 If at any time during the progress of work error shall appear or arise in the
position, levels, dimensions and alignment of any part of the works, the
Contractor, on being required to do by the Engineer-in-Charge or the Site
Engineer, shall at his own expense rectify such error to the satisfaction of the
Engineer-in-Charge or the Site Engineer unless such error is based on incorrect
data supplied in writing by the Engineer-in-Charge or the Site Engineer in which
case the expense of rectifying the same shall be borne by the Owner.
31.3.0 The checking of any setting out or of any line or level by the Engineer-in-Charge
or the Site Engineer shall not in any way relieve the Contractor of his
responsibility for the correctness thereof and the Contractor shall carefully protect

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

and preserve all bench marks, site-rails, page and other things used in setting out
the works.
31.4.0 In addition to the provisions of the General Conditions of Contract (as envisaged
in section 4 thereof) relating to "Progress Schedule" the Contractor shall take into
account the instructions of the Engineer-in-Charge regarding the constructions,
restraints & other requirements of works and the required sequence of works in
preparing the progress schedule. Notwithstanding the provisions relating to
"Approved Progress Schedule" weekly or monthly work programme may be
drawn up by the Engineer-in-Charge/ Site Engineer taking into account the
availability of work fronts and the requirements of the other Contractors or
agencies involve at the work sites & the Contractor shall abide by the weekly or
monthly work programme so drawn up.
31.5.0 In the event of failure on the part of the Contractor to adhere to the weekly or
monthly work programme drawn up by the Site Engineer/ Engineer-in-Charge,
the provisions of Clause 4.6.0.0 of General Conditions of Contract shall apply. The
decision of the Engineer-in-Charge as to where a failure on the part of Contractor
to comply with the weekly or monthly work programme drawn up has occurred
or not shall be final and binding on the Contractor.
31.6.0 Any delay caused due to non-availability of work fronts (including delayed
availability of work fronts where applicable) and/ or agencies engaged at the
work sites shall not entitle the Contractor to any extra payment/ claims
whatsoever. Only extension of time for completion shall be granted in accordance
with the provisions of Clause 4.3.5.0 of General Conditions of Contract provided
the reasons for delay are not attributable to the Contractor.
31.7.0 If due to the design and other stipulations or requirements at site a particular
sequence of construction operations has to be followed due to which certain
interruption to any one or more types or items or works are inherent, no claim for
interruption or suspension of works thereof will be admissible except that suitable
extension of time for completion shall be granted in accordance with the
provisions of Clause 4.3.5.0 of General Conditions of Contract, provided the
reasons for delay are not attributable to the Contractor.
31.8.0 All works shall be performed & executed by the contractor in strict conformity
with the job description, specification, plans drawings designs & other contract
documents applicable to the specific works(s) and any relative instruction as may
be issued to the contractor by the Engineer-in-Charge or Site Engineer from time
to time.
31.9.0 The Engineer–in-Charge and Site Engineer shall be entitled from time to time or at
any time at their discretion to issue written orders or instruction’s to the contractor

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

relative to the performance and or execution of the works (s) by the Contractor or
otherwise relative to any matter touching or effecting the contractor or arising
there from and to revise or revoke any orders or instructions previously issued
and the Contractor has to abide by them.
31.10.0 Engineer-in-Charge may stop the work whenever it is necessary for proper
execution of the job. He shall have the authority to reject all work or part thereof at
any time, which do not conform to the specifications, & no claim whatsoever on
this account will be entertained.
31.11.0 During the contract period if any damage /defect is discovered due to poor
quality material/ workmanship it shall be rectified / replaced by the contractor at
his own expenses. The contractor shall attend this problem in the shortest time.
31.12.0 If there is any loss or damage to the Corporation property or its employees due to
the negligence of the persons (s) deployed by the contractor he shall make good
the loss as accessed by the IOCL.
31.13.0 If it is necessary to work on Sunday or Holiday as per the direction of Engineer–in-
Charge, no compensation will be paid for the same. The material supplied by the
owner if any shall be preserved against deterioration/ damage/ loss while under
contractor’s custody. Any damage or losses suffered shall be considered as losses
suffered due to the willful negligence on part of the contractor & shall be liable to
compensate on the rates as decided by the Engineer–in–Charge.
31.14.0 Contractor has to make necessary arrangement as instructed by the Engineer-in-
Charge / Site Engineer for supervision & measurement of the job by the Engineer-
in-Charge /Site Engineer at no extra cost to the owner.
31.15.0 Test if any suggested by the Engineer-in-Charge, required to proof the suitability
of materials etc will have to be conducted by the contractor at his own cost.
32.0.0 DEFINITIONS
32.1.0 “Act” shall mean the Petroleum and Minerals Pipeline (Acquisition of Right of
User in Land) Act, 1962; Amendment Act, 1977 or any amendment/ re-
enactment/ replacement thereof for the time being in force and any rules, orders,
instructions and/or specifications issued thereunder.
32.2.0 All headings of the clauses in these conditions of contract or otherwise in any
contract document are intended solely for the purpose of giving a broad indication
of the contents of the clause and not as a summary of the contents thereof.
32.3.0 “Bid” and “Bidder” shall have the same meaning as “Tender” and “Tenderer”
respectively, as defined in GCC.

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Special Conditions of Contract [Section-A- Technical]
CHAPTER - IIIB

SPECIAL CONDITIONS OF CONTRACT


[SECTION-B – COMMERCIAL]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

CHAPTER-III - SPECIAL CONDITIONS OF CONTRACT


[SECTION – B- COMMERCIAL]
INDEX

1.0.0 GENERAL ..................................................................................................................... 2


2.0.0 INDEMNITY AND INSURANCE ............................................................................. 3
3.0.0 FORCE MAJEURE........................................................................................................ 5
4.0.0 SCHEDULE OF RATES ............................................................................................... 5
5.0.0 PRICE ESCALATION .................................................................................................. 5
6.0.0 TAXES & DUTIES ........................................................................................................ 5
7.0.0 LIMITATION OF LIABILITY ................................................................................... 10
8.0.0 PERSONAL ACTS AND LIABILITIES ................................................................... 11
9.0.0 REGISTRATION OF THE CONTRACTOR WITH STATUTORY AUTHORITIES
(Applicable for Foreign Contractors) : Not applicable for this tender .............................. 11
10.0.0 GOVERNMENT OF INDIA NOT LIABLE............................................................. 11
11.0.0 PATENT INDEMNIFICATION ............................................................................... 11
12.0.0 PROHIBITION OF ENGAGEMENT OF CHILD LABOUR ................................ 11
13.0.0 GUIDELINES FOR SECURITY DEPOSIT .............................................................. 12
14.0.0 RESTRICTION OF VISITORS................................................................................... 13
15.0.0 LABOUR LAWS AND REGULATIONS................................................................. 13
16.0.0 DEFINITIONS ............................................................................................................. 14
17.0.0 COORDINATION WITH OTHER AGENCIES: .................................................... 14
18.0.0 DAMAGE TO PROPERTIES:.................................................................................... 14
19.0.0 CONFIDENTIALITY OF INFORMATION ............................................................ 14
20.0.0 MOBILIZATION ADVANCE - Not applicable for this tender .......................... 14
21.0.0 SPECIFIC REFERENCE TO GCC CLAUSES ......................................................... 14
22.0.0 CORRECTION IN GENERAL CONDITIONS OF CONTRACT (GCC) ............ 15
23.0.0 AMENDMENTS TO GENERAL CONDITIONS OF CONTRACT..................... 16
24.0.0 ADDITIONAL BANK GUARANTEE: Not applicable for this tender ............... 22
25.0.0 INCENTIVE FOR COMPLETION BEFORE SCHEDULE TIME: Not applicable
for this tender ............................................................................................................................ 22

Tender No. BK/TS/970/2023-24/22 Page 1 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

CHAPTER – III SPECIAL CONDITIONS OF CONTRACT

[SECTION-B - COMMERCIAL]

1.0.0 GENERAL
1.1.0 Special Conditions of Contract (SCC) shall be read in conjunction with the General
Conditions of Contract (GCC), specifications of work, drawings and other documents
forming part of this contract wherever the context so requires.
1.2.0 Notwithstanding the sub-division of the documents into these separate parts and
volumes, every part of each shall be deemed to be supplementary to and
complementary of every other part and shall be read with and into the contract in so far
as it may be practicable to do so.
1.3.0 Where any provision of the GCC is repugnant to or at variance with any provision of the
SCC, then the provision of the SCC shall be deemed to override the provisions of the
GCC and shall, to the extent of such repugnance or variations, prevail.
1.4.0 Wherever it is mentioned in the specifications that the Contractor shall perform certain
works or provide certain facilities, it is understood that the Contractor shall do so at his
own cost, being deemed to be part of the relevant item in the Schedule of Rates (SOR)
whether expressly stated or not.
1.5.0 The material, design and workmanship shall satisfy the relevant codes and the
specifications contained herein or referred to in the bid documents where the specifica-
tions stipulate requirements in addition to those contained in the standard codes and
specification, these additional requirements shall also be satisfied.
1.6.0 “Clause 9.3.0.0 stands added to the Chapter 9 of the General Conditions of Contract as
herein below:
9.3.0.0 CONCILIATION
9.3.1.0 At any time prior to or during arbitration of any arbitrable dispute(s) pursuant to
Clause9.0.1.0,theCONTRACTOR may seek resort to the Conciliation Machinery
under the IndianOil Conciliation Rules,2014as amended and/or re-enacted from
time to time. The proposal for conciliation shall be made to the General Manager
9.3.2.0 The said Rules are available on the OWNER's website.

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

1.8.0 “A bill management/tracking mechanism has been devised at Owner’s end in form of a
portal namely “BILL TRACKING SYSTEM FOR VENDORS” available at
“https://associates.indianoil.co.in/Vendor/” whereby Contractor has to enter the
requisite details of its bills/invoices, raised in terms of the contract, enabling him to
track the status of the same.

No bill/invoice shall be processed by the OWNER without entry of that bill/invoice in

Tender No. BK/TS/970/2023-24/22 Page 2 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

Bill Tracking System by the Contractor.

Any bill/invoice shall only be considered to be received by the Owner on the date when
the bill/invoice is duly entered in Bill Tracking System and the original invoice is
received by the Owner, whichever is later.
All terms and conditions of payment, as provided under the contract, remain
unamended.”
1.9.0 In consonance with the provisions of clause 5.5.3.0 of General Conditions of Contract,
only a completion certificate duly issued by Engineer In charge shall be considered to be
a valid completion certificate under the contract. Any completion certificate,
communication or the like purported to be read as a completion certificate issued by any
authority/person/official other than the Engineer In charge shall be invalid and void for
all intents and purposes whatsoever.”

2.0.0 INDEMNITY AND INSURANCE


2.1.0 Notwithstanding anything contained in clause 8.5.0.0 of GCC, Contractor shall
undertake to provide comprehensive accident insurance coverage in respect of every
employee employed by him for carrying out Owner’s job. Contractor shall satisfy the
Owner of the same within the time prescribed by the Owner but before the actual
commencement of the job awarded to him.
2.2.0 Deleted
2.3.0 Notwithstanding anything provided in Clause 2.2.0 hereof above, without prejudice to
any of the rights and/or remedies available to the OWNER in any part of the contract, in
event of any loss (es), damage(s) deterioration, misuse, theft or other application or
disposal of the equipment or material(s), supplied by the OWNER before the same is
permanently incorporated in the works, the OWNER shall be entitled to recover any
amounts due on account of happening of any of the event(s) mentioned above from the
contractor. However, in the event of any payout to the OWNER from the insurance
company on account of the same event for which the amounts were recovered from the
contractor, the amount so received shall be handed over to the contractor subject to the
maximum the contractor pays to the owner for the said event.
2.4.0 No such Insurance(s), as aforesaid, shall anywise absolve the CONTRACTOR from his
full liabilities hereunder, with the intent that the same shall be held merely by way of
additional security and not by way of substitution of liability. The CONTRACTOR shall
at all times be exclusively responsible for any and all loss(es), damage(s), deterioration,
misuse, theft or other application or disposal of the equipment or material(s), supplied
by the OWNER or any of them contrary to the provisions hereof and shall keep the
OWNER indemnified from and against the same and shall forthwith at his own cost
and expense replace any such equipment and material(s) lost, damaged, deteriorated,
misused, stolen, applied and/or disposed as aforesaid, with other equipment or
material of equivalent quality and quantity to the extent that the same is not covered by
any insurance as above, and if covered, payment under the relative policy(ies) is for any
reason not available to the OWNER
2.5.0 Regarding insurance following provisions are further incorporated over & above the
provisions of GCC.
2.6.0 Any loss or damage to the materials or any of them during ocean transportation,
pending port/ custom clearance, during inland and port handling, Inland transportation
shall be to the account of Contractor and until then, the Contractor shall be exclusively

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Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

2.4.6 Security agency shall provide replacement of security personnel in case of


protracted absenteeism, casual / sick leave etc. so that no stretch is left unattended
on any day.
2.4.7 Each security guard will be assigned inspection schedule by respective security
agency for a particular stretch of IOCL pipeline Right of Way (ROW) which is to
be patrolled/inspected every day. The security guards/ supervisor shall submit
Daily Inspection report as per performa and guidelines for inspection. The security
guards shall also send their inspection report on weekly basis. The security guards
shall submit daily/ weekly reports by post Under Postal Certificate. On
completion of daily duty, security guard shall convey the daily status report to
respective supervisor over phone, who in turn on phone shall convey the
consolidated daily status report to EIC/ his authorize representative by 1700 Hrs
on same day.
2.4.8 Each guard will patrol the stretch as specified above table-A on daily basis.
However, EIC may change the patrolling schedule / stretch of guard / supervisor
depending upon specific requirement.
2.4.9 During the stipulated duty time of 08 (eight) hours security guard must be
available all the time within the designated stretch of mainline or as advised by
EIC/ site engineer.
2.4.10 Security agency shall provide replacement of security personnel in case of
protracted absenteeism, casual / sick leave etc. so as that no stretch is left
unattended on any day.
2.4.11 The security guard as part of their daily routine shall also contact village head/
Sarpanch, police Thana spreading the message of his presence in his zone. The
security guard in each stretch shall also give extra flexibility and allow the EIC/
site engineer to have additional surveillance in the higher sensitive areas within
the stretches & also nearby stretches as and when required.
2.4.12 Security guards shall have important phone / mobile numbers of IOCL officials
for contacting during normal period / emergencies. Security guards shall also
have the following details for meeting out any emergencies:
 Name & contact no. of the Sarpanch, Patwari of the village through ROW
passing
 Name & contact no. of Nearest Hospital, Police Station, Fire Brigade,
Electricity office
2.4.13 If GPS Guard tracking device is provided to security guard, then payment of
mobile bills for tracking of GPS handset (provided by IOCL) will be borne by

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

of Clause 5.5.2.0 sub clause (ix) of General Conditions of Contract.


2.14.0 (Not Applicable for this tender) In addition to the provision of clause No.8.5.1.0 of
GCC, the contractor shall at his own cost and initiatives at all times up to the completion
of work hereof take out and maintain third party liability insurance policy for execution
of major mainline/HDD crossing works across/along railways and irrigation canals.
This insurance shall cover all the immovable property of utilities under risk while
carrying out the mainline crossing/laying work in the premises/ROW of the respective
authority. The liability cover shall be of not lesser limit than the limits as specified
hereunder
(i) If the total value of these crossing items under the contract exceeds Rs. 5 (five) crore,
the policy shall be for not less than Rs. 50 (fifty) lakhs for each accident. The sum
assured shall not be less than Rs. 1 (one) crore for all accidents; and
(ii) If the total value of these crossing items under the contract does not exceed Rs. 5
(five) crore, the policy shall be for not less than Rs. 15 (fifteen) lakhs for each
accident. The sum assured shall not be less than Rs. 50 (fifty) lakhs for all accidents
2.15.0 It may be noted that the limits specified above shall operate only as a specification of
minimum limits for insurance purpose, but shall not anywise limit the contractor’s
liability in terms of the clause 8.5.0.0 of GCC and sub-clauses thereunder.

3.0.0 FORCE MAJEURE


In partial modification of clause 4.3.8.0 of GCC, Local "Bandh" shall be included in
"FORCE MAJEURE".

4.0.0 SCHEDULE OF RATES


4.1.0 All the items of work mentioned in the schedule of rates and covered by the Contract
shall be carried out as per the drawings, specifications and direction of Engineer-in-
Charge and shall include all labour, materials, tools, tackles, etc. required to complete
the job.
4.2.0 (As applicable) The Contractor shall be and remain at all time exclusively responsible to
provide all material, consumables, labour supervision, equipment tools machines,
permits, licenses, casements and facilities and other items and things whatsoever
required for or in connection with the work, included but not limited to those indicated
by expression or implication in the Schedule of Rates, Specification, plans, drawings
and/or other Contract documents or howsoever otherwise as shall be or may from time
to time at any time be necessary for or in connection with the work either for
incorporation within the permanent works or in relative to the execution and
performance of the work.

5.0.0 PRICE ESCALATION


The contract price shall be deemed to be firm and valid for the entire duration of the
contract till the completion of work, and shall not be subject to any adjustment due to
increase in price of materials, utilities, taxes, duties etc or any other input for
performance of work and the contract unless specifically mentioned in the SCC (Section
A-Technical).

6.0.0 TAXES & DUTIES


6.1.0 The prices inclusive of all taxes & duties (excluding goods and service tax and cess

Tender No. BK/TS/970/2023-24/22 Page 5 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

thereon) shall be firm without any escalation/de-escalation unless specified in the SIT
(Section B- Commercial). Price bid to be submitted strictly as per the format in the price
bid. Fulfilment of all the statutory requirements for supply of materials and services and
any other statutory requirement shall be the exclusive responsibility of the Contractor.
6.2.0 IncomeTax/TDS/Withholding Tax
Notwithstanding anything contained anywhere in the Tender documents or any
intimation, notice, questionnaire, clarification, correspondence or communication at any
time before submission of Tender, the following clauses shall apply for the purpose of
Income tax/TDS/Withholding Tax described herein below:-
i. The BIDDER shall be exclusively responsible and liable to pay taxes on income
comprised in all or any payments arising out of the Contract; whether payable/paid
in India or in any other jurisdiction and quoted prices shall be inclusive of Income
Tax.
ii. Withholding tax/tax deductible at source is applicable to all payments of Services to
be made to the BIDDER. Withholding/deduction are required to be made at the
rates specified in the Indian Income Tax Act. However, in case of non-resident
BIDDERs, lower of the rate of withholding tax as available in the relevant Double
Taxation Avoidance Convention Agreements (DTAA) as notified or amended from
time to time as compared to the rate applicable as per relevant Income Tax Act will
be applicable subject to certain specified documentary compliances. Therefore, it is
incumbent upon the BIDDER to decide and declare whether it intends to take
benefits of lower rate of Withholding Tax and commit to provide necessary
documents. As per extant provisions of Income Tax Act and Rules made there under
following documents are mandatory for this purpose (a) Tax Residency Certificate
(TRC) issued by the competent authority of the country of residence of the BIDDER
(b) Form 10F as described in Indian Income Tax Rules, 1962 and (c) PAN No as per
Indian Income Tax Act or a declaration in specified format in lieu of Permanent
Account Number (PAN) (d) No Permanent Establishment Certificate.The
completion of entire scope of job under this tender to be carried out in 15 months,
in Indian Territory. Accordingly, the bidder to refer the relevant provision for
Non-resident under Income Tax Act,Companies Act, FEMA and TAX treaties with
bidder’s country under DTAA including the provision of Permanent
Establishment.
iii. The Indian Income Tax Act and rules made there under contains provisions
permitting deduction of tax at a lower rate if the BIDDER is able to justify to the
Income Tax Authorities such lower rate of deduction. However, a deduction once
made has to be deposited by the OWNER with the Income Tax Authorities in India
and will not be adjustable by the OWNER. It is therefore in the interest of the
BIDDER that prior to release of any payment due to the BIDDER under the Contract
that the BIDDER obtains, from the relevant Income Tax Authorities in India, a
certificate specifying the rate of deduction/withholding of Income tax at source,
failing which, payment to the BIDDER shall be made by the OWNER after
Withholding/deduction at the highest rate as may be applicable to the non-resident
BIDDERs as per Provisions of Income Tax Act, 1961.
6.3.0 Goods and Services Tax (GST)
6.3.1 Bidder to note that their bids shall be evaluated based on the landed cost including GST.
The bidder shall also indicate in its bid the GST rate in per Annexure-8.
Signed copy of the above format is to be submitted with the techno-commercial bid as

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Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

per Annexure–8 (Commercial) as a token of acceptance.


The above format is to be submitted with the techno-commercial bid as per
Annexure– 8 (Commercial).
Notes:
1) In view of GST implementation from 01.07.2017, bidders are requested to quote prices
including all duties and taxes excluding GST.
2) In case a supply/service is covered under RCM (Reverse Charge Mechanism, then
evaluation will be done by considering GST rates as mentioned above.
3) Bidder to consider “Input Tax Credit” available to them under GST, and quote the prices
accordingly.
4) Bidders hereby confirm that they have taken note of Anti- profiteering measure clause
(Sec 171 of CGST) wherein it is stated that any reduction in rate of tax on any supply of
goods and services or the benefit of input tax credit shall be passed on to the recipient by
way of commensurate reduction in prices, and they have quoted accordingly.
5) Bidder will be required to raise invoice indicating the GST amount separately as the
Owner intends to avail Input Tax Credit under GST. The invoice should be GST
Compliant.
6.3.2 Bidders to note that prices quoted for the subject work shall be exclusive of the
applicable goods and services tax and their offer shall be evaluated considering GST rate
quoted in Annexure-8.
6.3.3.1 Goods and Services tax rates as quoted by the bidder shall be considered for evaluation
of the bids. Payment of goods and services tax will be made in accordance with
invoice(s) raised by the contractor, limited to the rate considered during evaluation, as
above.
6.3.3.2 Deleted
6.3.4 Statutory variation on Goods and Service Tax (as payable to the bidder) as applicable for
the category/service shall be to Owner’s account up to the contractual completion
period. Any statutory variation in goods and service tax after expiry of the contractual
completion period shall be to the contractor’s account. Contractual completion period
mentioned above is TIME SCHEDULE indicated in letter of Acceptance which will be
inclusive of time extension, if any, granted by the OWNER in terms of Clause 4.3.5.0
and/or 4.3.6.0 of GCC without imposition of any price discount under clause 4.4.0.0 of
GCC. Similarly, in case of any reduction in the rate(s) of the ‘said taxes’ between last
date of submission of Price bid relevant to the Contract and the date of execution of
activities under the contract, the CONTRACTOR shall pass on the benefit of such
reduction to the OWNER.

6.3.5 The Goods and Services Tax payable by the OWNER to the contractor shall be limited
to the rate(s) considered during evaluation as per clause No.6.3.3 and its sub-clauses
above (except for condition mentioned in clause No.6.3.4) irrespective of the amount
payable by the Contractor towards goods and service tax to Statutory Authorities
6.3.6 Bidders are required to submit copies of Goods and services Tax Registration pertaining
to the State of its operation along with the techno-commercial bid as per Annexure-8.
GST laws include CGST, SGST, UTGST, IGST & compensation cess laws.
6.3.7 Bidders have to be registered under applicable Goods and Services tax Clause. Bidders
are to give an undertaking to comply with all Goods and services Tax clauses as soon as

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Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

2.4.41 All security personnel deployed by agency shall be physically fit and well
conversant to communicate (verbal and written) in Hindi and local language.
2.4.42 The guards shall also send their inspection report on daily/ monthly basis in
approved Format. The guards shall submit daily/monthly reports by post Under
Postal Certificate. On completion of daily duty, security guard shall convey the
daily status report to respective supervisor over phone, who in turn on phone
shall convey the consolidated daily status report to EIC/ his authorize
representative 1000 hrs on the next day.
2.4.43 Night surveillance shall be for duration of minimum 8 hours daily, starting from
2100-2200 hrs on a day to 0500-0600 hrs on next day, excluding both way running
of vehicle between the starting/ end points of patrolling stretch and the
controlling station.
2.4.44 Duties and responsibilities of Night patrolling Security Supervisor and Armed
Guard/ Gunman:
a. The Security agency shall deploy night patrolling teams as advised by EIC for
carrying the night patrolling all along the ROW. Each team shall consist of two
armed guards and all team shall be supervised by security supervisor or as
advised by IOCL. Vehicle along with the driver for carrying out the night
patrolling will be provided by IOCL. The activity of the team shall consists of
carrying out night patrolling in all road crossings, vulnerable areas of IOCL’s
pipeline ROW including physical line walking along ROW wherever it is
possible as directed by the concerned EIC. Providing all necessary equipment
such as High Beam Lights, Whistle, Safety Shoes, Baton, Helmets etc. required
to carry out the job is in the scope of the security agency. IOCL has the right to
deploy these patrolling groups in any of the ROW stretches as per
requirement.
b. The place of reporting for commencement of inspection shall be the nearest
CP/ IP station and at the end of each inspection, each patrolling team shall
give the closing report from the nearest CP/ IP stations to the respective
control room. On noticing any incident, for example any encroachment /
construction upon the ROW of pipeline, suspicious movement of any people
near the ROW, pilferage attempts or any other activity which has the

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Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

(k) Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply), Union
Territory Tax or cess);

(l) Amount of tax charged in respect of taxable goods or services (Central Tax, State
Tax, Integrated Tax (for inter-state supply), Union Territory Tax or cess);

(m) Place of supply along with the name of State, in case of supply in the course of inter-
state trade or commerce;

(n) Address of the delivery where the same is different from the place of supply;

(o) Whether the tax is payable on Reverse Charge basis and

(p) Signature or digital signature of the supplier or his authorized representative.

6.3.12 Goods and services Tax invoice shall be prepared in triplicate, in case of supply of
goods, and duplicate in case of supply of service in the following manner-
(a) The original copy being marked as ORIGINAL FOR RECIPIENT;

(b) The duplicate copy being marked as DUPLICATE FOR TRANSPORTER and

(c) The triplicate copy being marked as TRIPLICATE FOR SUPPLIER.

(d) For supply of service duplicate copy being marked as DUPLICATE FOR SUPPLIER.

6.3.13 In case of any advance given against any supplies contract, the supplier of the goods
shall issue Receipt Voucher containing the following particulars-
(a) Name, address and Goods and services TaxIN of the supplier;

(b) Serial number of the voucher;

(c) Date of its issue;

(d) Name, address and Goods and services TaxIN or UIN if registered of the recipient;

(e) Description of goods;

(f) Amount of advance taken;

(g) Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply), Union
Territory Tax or cess);

(h) Amount of tax charged in respect of taxable goods or services (Central Tax, State
Tax, Integrated Tax (for inter-state supply), Union Territory Tax or cess);

(i) Place of supply along with the name of State and its code, in case of supply in the
course of inter-state trade or commerce;

(j) Whether the tax is payable on Reverse Charge basis and

(k) Signature or digital signature of the supplier or his authorized representative.

6.3.14 In case of Price Adjustment for delay in Completion applicable as per GCC Clause
4.4.0.0, the Contractor shall issue a Credit Note for the Price Reduction amount
containing all the details stated in SCC (Commercial) clause 6.3.11 (a) to (p), for lower
incidence of GST.
6.3.15 It’s the obligation on the part of Bidder / Vendor / Contractor / Consultant to discharge

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Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

his liability by payment of GST to Government of India in cash OR utilization of Input


Tax credit in respect of such supply of services through GST Invoice under this
Contract, so that Owner can avail Input Tax credit on such supply. In the event that the
input tax credit of the GST charged by the Bidder / Vendor / Contractor / Consultant is
denied by the tax authorities to OWNER due to delay by Bidder / Vendor / Contractor
/ Consultant, in issue of Invoice, Debit Notes or Credit notes, filing of Return of
Outward Supplies, payment of taxes or filing of any other Returns as required under
GST Laws and Rules, or timely corrections, rectification or modification in the detail of
Return of Outward Supplies or any other Returns, etc. Owner shall be entitled to
recover such amount from the Bidder / Vendor / Contractor / Consultant by way of
adjustment from the next invoice or from Bank Guarantee. In addition to the amount of
GST, Owner shall also be entitled to recover interest and penalty, in case same is
imposed by the tax authorities on Owner.
6.4.0 Customs duty on construction equipment (Not applicable)
6.4.1 Contractor is liable to pay all customs duty, as applicable on the equipment brought to
India for executing the works.
6.4.2 The Contractor shall be fully liable for observing all the formalities in this regard as well as
to pay the customs duty chargeable on the equipment, including any deposit payable for
such purposes. No adjustment in the quoted rates shall be permissible for any change in
duty draw-back applicable in respect of equipment and machinery brought to India for
use in the project and for re-export of equipment & machinery, on completion of the
project.
6.5.0 Import Licence (Not applicable)
The Contractor shall arrange import of all materials required for permanent
incorporation in the works as well as construction equipment as per the guidelines laid
down by the Government of India. Import license shall not be provided by Owner.

7.0.0 LIMITATION OF LIABILITY


7.1.0 Except as otherwise specifically provided in the Contract Documents, neither the
OWNER nor the CONTRACTOR shall be liable to the other for loss of production, loss
of profit or other indirect or consequential loss or idleness or extended stay or any like
damage which may be suffered by such other party in connection with the Contract,
whether arising out of any delay or breach or otherwise.
7.2.0 Excluding the liabilities specified below, the aggregate liability of the CONTARCTOR
under or in connection with respect to any breach or delay or defect, deficiency or other
infraction under the Contract will not exceed an amount equivalent to the total Contract
Value. The excluded liabilities clauses of GCC are:
i) Liabilities under Clause 3.2.0.0 of GCC (Materials and Equipment supplied by the
OWNER);
ii) Liabilities under Clause 3.4.0.0. of GCC(For power provided by the OWNER);
iii) Liabilities under Clause 3.5.0.0 of GCC(For water provided by the OWNER);
iv) Liabilities under Clause 3.6.0.0. of GCC(For land provided by the OWNER);
v) Liabilities under Clause 3.9.0.0. of GCC(For labour, machinery and equipment
provided by the OWNER);
vi) Liabilities under Clause 3.10.1.0 of GCC(For government controlled materials for
which the OWNER is liable);

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Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

vii) Liabilities for recoverable advances and interest thereon; and


viii) Liabilities arising out of fraud, wilful misconduct or reckless negligence

8.0.0 PERSONAL ACTS AND LIABILITIES


8.1.0 Any money paid to any director, attorney, agent, officer or employee of the Contractor
and any receipt, settlement, acknowledgement of liability or other arrangement,
agreement or document whatsoever signed by any such director, attorney, agent,
officer, or employee of the Contractor or erstwhile director, attorney, agent, officer or
employee of the Contractor (without notice of his cessation of interest) or by any person
held out to be a director, attorney, agent, officer or employee of the Contractor
authorized to act on behalf of and/or to bind the Contractor, be binding upon the
Contractor and shall constitute a full release and discharge to the Owner and/or
settlement, acknowledgement or obligation of, upon or with the Contractor, as the case
may be, and the Owner shall not be concerned with the actual application of any
money so paid or of the actual authority of such director, attorney, agent, officer or
employee (actual, erstwhile or purported as the case may be) vis-à-vis the company to
make the settlement, receipt, acknowledgement, agreement or other document
concerned.

9.0.0 REGISTRATION OF THE CONTRACTOR WITH STATUTORY AUTHORITIES


(Applicable for Foreign Contractors) : Not applicable for this tender

10.0.0 GOVERNMENT OF INDIA NOT LIABLE

10.1.0 It is expressly understood and agreed by and between the Contractor and the Owner
that the Owner is entering into this agreement solely on its own behalf and not on behalf
of any other person or entity. In particular, it is expressly understood and agreed that
the Government of India is not a party to this agreement and has no liabilities,
obligations or rights thereunder. It is expressly understood and agreed that the Owner is
an independent legal entity with power and authority to enter into contracts, solely in its
own behalf under the applicable laws of India and general principles of Contract law.
The Contractor expressly agrees, acknowledges and understands that the Owner is not
an agent, representative or delegate of the Government of India. It is further understood
and agreed that the Government of India is not and shall not be liable for any acts,
omissions, and commissions, breaches or other wrongs arising out of the Contract.

11.0.0 PATENT INDEMNIFICATION (Not Applicable)


11.1.0 Further to General Conditions of Contract clause no. 8.8.0.0, Contractor shall indemnify
the Owner against all losses, costs, damages and expenses arising from any claim
asserted against Owner that the work or part thereof, or any methods, designs or things
furnished or specified by Contractor or any sub-Contractor or supplier under this
Contract, or any use thereof in the reasonable contemplation of the parties at the time
furnished, or any methods, processes or acts employed by Contractor in connection with
the performance of its obligations hereunder constitutes an infringement of any patent,
trade secret, proprietary information, know-how copyright (statutory or non-statutory),
un-patented invention or any unauthorised use of the work of others.

12.0.0 PROHIBITION OF ENGAGEMENT OF CHILD LABOUR


12.1.0 The contractor shall state that they are not engaging child labour as per various labour
laws applicable to them. Making a fake claim would have its contract terminated

Tender No. BK/TS/970/2023-24/22 Page 11 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

related to pipeline operations and handling of emergency as prescribed from time


to time.
2.5.9 The security guard has to talk with respective supervisor/ EIC/ ERPL (PHBPL)
Barauni security chief / control room from all the intervening Repeater/ CP/ RCP
station through OFC or any communication falling within the patrolling stretch
giving details of ROW information.
2.5.10 The agency sponsored shall produce the copy of empanelment letter issued by the
office of DGR and retired officer/ personnel identity card for the purpose of
authentication.
2.5.11 The agency should get the character & antecedents (C&A) of each and every
workmen deployed by them in our premises, verified by the Police Authorities
before engaging and deploying them in our premises and thereafter as and when
sought by the location in charge.
C&A certificate/proof of submission of application for C&A verification for each
individual should be available at the time of deployment. It is to be ensured that
within three months of the deployment, all individual’s C&A certificates are made
available. In case of any individual’s certificate not being available, the individual
will be taken off the deployment.
2.5.12 The agency/contractor will be shown ROW, of their respective patrolling
stretches, by IOCL before start of the work. The Mainline patrolling stretches are
indicative and may be changed as per requirement.
2.5.13 In no case, IOCL shall be responsible for any injury / death of any person due to
the act of security guard/ supervisor while on duty and otherwise also during the
contract period.
2.5.14 As contractor’s personnel shall move along pipeline ROW, contractor shall inform
in writing to respective Police stations about details of their personnel (village
wise as well Pipeline Chainage wise) to be deployed in various stretches in order
to avoid any eventuality including firing by Police for mistaken identity. IOCL
shall in no way be responsible for any casualty in this regard.
2.5.15 The Contractor shall maintain a register for filling the details of duty. It shall be
responsibility of Supervisor to ensure the same. In case of any lapses, no payment
for the particular day for guards as well as Supervisor shall be made. In addition
daily report of patrolling as per the format provided by IOC to be sent to concern
EIC on daily basis by the supervisor.
2.5.16 For Station DGR guards, the Contractor shall maintain relevant records and
registers/carry out jobs assigned/conduct fire drills/Security protection scheme

Tender No. BK/TS/970/2023-24/22 Page 12 of 39


Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

13.2.3 Clause 13.2.2 shall also apply to all Bank Guarantees submitted by the contractor
including but not limited to Bank Guarantee to cover Lump sum Advance
(Mobilisation), Bank Guarantee for Lump sum Advance, Composite Bank Guarantee for
Advance and Security Deposit, Bank Guarantee for imported raw material and Bank
Guarantee against delayed delivery discount, if any.
13.2.4 Bidder to ensure that IFSC code and Swift code of IOCL’s designated SBI Branch as
mentioned in the LoA is submitted to the bidder’s bank while opening the
SD/ISD/Advance BG, so that BG confirmation is transmitted through SWIFT message
to IOCL’s designated bank under SFMS system.

14.0.0 RESTRICTION OF VISITORS


The Contractor shall not allow any visitors on the work or premises of the sites without
approval of the Engineer-in-Charge and/or Site Engineer.

15.0.0 LABOUR LAWS AND REGULATIONS


Before starting of work, the Contractor shall obtain a licence from concerned authorities
under the Contract Labour (Abolition and Regulation) Act, 1970, and furnish a copy of
the same to the Engineer-in-Charge.

15.1.0LABOUR LICENCE
Before starting of work, the Contractor shall obtain a licence from concerned authorities under
the Contract Labour (Abolition and Regulation) Act, 1970, and furnish a copy of the
same to the Engineer-in-Charge.
15.2.0 In addition to compliance of Labour Laws and Regulations stipulated in clause 8.3.0.0 of
General Conditions of Contract, the Contractor shall also comply with the following :
a. The Contractor shall also comply with the provisions of Building and Other
Construction Workers (regulation of Employment and Conditions of Service) Act
1996[BOCW (RE&CS) Act 1996] and Building and Other Construction Workers
Welfare Cess Act, 1996 and all rules, regulations, notifications issued thereunder as
amended from time to time including provisions of registration of establishment of
contractor hours of work, welfare measures and other conditions of service of
building workers, safety and health measures etc., wherever applicable.
b. An amount of cess as per prevalent rate (presently @1% of the cost of construction
incurred by the Contractor) shall be recovered from the bills of the Contractor as per
Building and Other Construction Workers Welfare Cess Act, 1996 and the rules
thereunder as amended from time to time for depositing the same before
appropriate authority. IOCL shall not deduct and pay cess ,in case Contractor has
already paid the cess for the works executed and submitted proof of payment.
However, primary responsibility of recovery and payment of cess lies with IOCL.
c. All the terms and conditions pertaining to compliance of labour laws contained in
the GCC shall also be applicable mutatis mutandis to the BOCW (RE&CS) Act, 1996
and Building and Other Construction Workers Welfare Cess Act, 1996 and the rules
thereunder.
d. The above conditions will be applicable to all the Contractors performing “building
or other construction work” as defined under BOCW (RE&CS) Act, 1996 subject to
other provisions of the Act.
15.3.0 Every worker engaged by the Contractor should be enrolled under the following scheme:

Tender No. BK/TS/970/2023-24/22 Page 13 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

i. Pradhan Mantri Jeevan Jyoti BimaYojna (PMJJBY)


ii. Pradhan Mantri Suraksha BimaYojna (PMSBY)

Under the two schemes, applicable annual premium amount (presently Rs. 342/- per
person) shall be considered by the prospective bidder while submitting the price bid.
Proof of payment towards the above two scheme shall be submitted by the Contactor to
EIC for verification of the same from time to time.

16.0.0 DEFINITIONS
“Act” shall mean the Petroleum and Minerals Pipeline (Acquisition of Right of User in
Land) Act, 1962; Amendment Act, 1977 or any amendment/ re-enactment/ replacement
thereof for the time being in force and any rules, orders, instructions and/or
specifications issued thereunder.
All headings of the clauses in these conditions of contract or otherwise in any contract
document are intended solely for the purpose of giving a broad indication of the
contents of the clause and not as a summary of the contents thereof.
“Bid” and “Bidder” shall have the same meaning as “Tender” and “Tenderer”
respectively, as defined in GCC
17.0.0 COORDINATION WITH OTHER AGENCIES:
The work shall be carried out in such a manner that the work of other agencies operating
at site is not hampered due to any action of the contractor. The contractor will be
responsible for ensuring proper coordination with other agencies. In the event of any
dispute between the contractor and any other agency employed at or about the job site
arising out of or related to the performance of the work, the decision of the Engineer-In-
Charge shall be the final and binding on the contractor.
18.0.0 DAMAGE TO PROPERTIES:
The contractor shall be fully responsible for making good or making necessary payment
for any loss or damage caused by any structures , properties etc. belonging to the owner
if such loss of damage is due to the fault and / or sub contractor’s to the entire
satisfaction of the owner whose assessment shall be final and bring on the contractor.
The contractor shall indemnify and make the owner harmless of all claims or damage to
the property other than owner’s property arising under or by reason of disagreement if
such claims results from the fault and /or negligence of willful act or omissions of the
contractor or his employees , agents, representatives or sub-contractors.

19.0.0 CONFIDENTIALITY OF INFORMATION


All information obtained by Contractor in the conduct of operations and the
information/ maps provided by the Company to the Contractor shall be considered
confidential and shall not be divulged by Contractor or its employees to anyone other
than the Company’s personnel. This obligation of Contractor shall be in force even after
termination of the Contract.

20.0.0 MOBILIZATION ADVANCE - Not applicable for this tender

21.0.0 SPECIFIC REFERENCE TO GCC CLAUSES


21.1.0 The following document(s) as stated in clause No. 4.8 of Instructions to Tenderers (Page-
120) & Form of Tender (Page 131 & 132) of General Conditions of Contract are not
required to be submitted with the bidder’s offer.

Tender No. BK/TS/970/2023-24/22 Page 14 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

(A) Income Tax Clearance Certificate (in the case of Indian Bidders)
21.2.0 In the form of tender for price bid (page-129 & 130), commercial bid (page 131 & 132)
and Format for Bank Guarantee in lieu of Earnest Money Deposit (page 136-138) of
GCC, the following changes may be incorporated while submitting the bid:
As per GCC To be changed as
Page-129 & 131 (Form of Tender – Price bid/ Commercial Form of Tender – Price
bid) bid shall be as per
To, Annexure-12 of
Indian Oil Corporation Ltd. Annexure
(Refineries/ Pipelines Division) (Commercial) and
______ Refinery/ Project) Form of tender -
Commercial bid shall
be as per the
Annexure-11 of
Annexure
(Commercial)
Page-137 & 139 (format for BG in lieu of EMD and ISD/SD)

Signature : _______ Form of Bank


Name & Designation: ______ Guarantee in lieu of
Name of the Branch : _______ SECURITY DEPOSIT/
INITIAL SECURITY
DEPOSIT shall be per
Annexure-07 of
Annexure
(Commercial)

22.0.0 CORRECTION IN GENERAL CONDITIONS OF CONTRACT (GCC)


S. Page Clause Correction
No. No. No.

Tender No. BK/TS/970/2023-24/22 Page 15 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

2.7.13 Any of SS / SG of the security agency, whose work is found unsatisfactory,


necessary action including replacement as deemed fit by EIC, shall be taken by the
security agency immediately at no cost to the corporation.
2.7.14 The contractor is required to organize training to all his personnel for proper
patrolling in mainline with the assistance of IOCL. Such training shall be
organized half yearly during the contract period covering all the personnel. No
extra payment shall be made to the contractor for this.
2.7.15 During the investigation of pilferage by authorities, if it is found that the contract
personnel is involved in theft, then the person shall be removed immediately and
handed over to police authorities for investigation.
2.7.16 Supervisor / Security Guards deployed by the security agency shall not any time
create, cause or permit any nuisance at the locations specified or do anything
which shall cause unnecessary disturbance or inconvenience to the others or at
near the location.
2.7.17 Supervisor / Security Guards shall not be under influence of alcohol or any other
intoxicating agent during patrolling.
2.7.18 Security agency shall provide a set of uniform consisting of safety shoe, umbrella,
2 pairs of uniform, raincoat, winter coat etc on yearly basis to all the security
guards so as to ensure they are always in prescribed uniform during the duty
time.
2.7.19 The discharge book (of Armed Forces/recognized unit which is considered as Ex-
Servicemen by DGR) of each guard will be submitted to the Location In charge for
inspection at the time of deployment of security personnel.
2.7.20 It should be ensured that 100% or minimum 90% Ex-serviceman are engaged as
per DGR guidelines. Efforts should be made to take ex-serviceman under the
category of within “Combatant” as they have requisite skills and attitude to
handle security in a more professional way. Any deviation of the 90:10 (ESM
strength : Non-ESM strength) norms of guard strength by the agency will be
immediately reported to DGR.
2.7.21 Training of security guards/supervisors is very important. Hence pre-induction
training and subsequent refresher training as per provision of PSARA should be
ensured through PSARA authorized training centre(s) by the successful bidder.
2.7.22 Penalty shall be deducted as per penalty clauses of the contract from the running
bills.

Tender No. BK/TS/970/2023-24/22 Page 15 of 39


Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

prior to the date of Scheduled Mechanical Completion/completion of the entire


work(s) under the contract or any extension hereof by the Engineer-in-Charge under
Clause 4.3.6.0 or by the OWNER under Clause 4.3.7.0, any new output tax is introduced
in addition to the taxes than existing relevant to the execution of the works, on proof of
payment by the CONTRACTOR, the OWNER will reimburse the CONTRACTOR the
amount of such new tax paid by the CONTRACTOR.
(iii) If after the date of the last Price Bid of the CONTRACTOR relevant to the Contract
and prior to the date of Scheduled Mechanical Completion/completion of the entire
work(s) under the contract or any extension thereof by the Engineer-in-Charge under
Clause 4.3.6.0 or by the OWNER under Clause 4.3.7.0, a new output tax is introduced
in lieu of an existing output tax(es) and the rate and impact of the new tax is in excess
in aggregate of the rate and impact of existing tax(es) which it replaces, the OWNER
shall on satisfactory proof reimburse the CONTRACTOR the additional tax paid by the
CONTRACTOR as a result of the imposition of the new tax. If, on the other hand, the
rate and impact of the new tax is less than the aggregate rate and impact of the tax(es)
which it replaces, the CONTRACTOR shall pass on to the OWNER the benefit thereof
as determined by the OWNER (whose decision in this behalf shall be final and binding
on the CONTRACTOR) by reduction in the amounts payable by the OWNER to the
CONTRACTOR.
(iv) IOCL will issue Road Permit/E-way bill to the Contractor only in those cases where
materials is purchased by IOCL directly and the Contractor will be under obligation
for proper utilization for the specific supply.In case of seizure of goods/ vehicle, the
Contractor will be wholly responsible for release and also reimburse the litigation cost
to IOCL.

(v) If after the date of the last Price Bid of the CONTRACTOR relevant to the Contract and
prior to the date of Scheduled Mechanical Completion/ completion of the entire work(s)
under the contract or any extension thereof, there is an increase in the rate of output tax
(Goods and Services Tax (GST) etc. or any new output tax is introduced in addition
to/in lieu of the exiting taxes where the total financial implication on account of new
output taxes is more and arises within the contractual completion period, Owner shall
reimburse the additional tax burden. In case beyond the contractual completion period,
Owner shall also reimburse the additional tax burden, if the increase in output taxes or
new output taxes is entitled for tax credit to the extent available to the owner. In other
cases, Contractor shall bear the increase in the rates of existing taxes or any new output
tax.
Similarly, if there is any reduction in any of the said taxes, the CONTRACTOR shall
pass on the benefit of such reduction to the OWNER with a view that the OWNER shall
be invoiced for and pay the reduced tax.

23.2.0 AMENDMENTS TO GENERAL CONDITIONS OF CONTRACT


S. Section Ref Clause Subject Amendments
No Page No. No.
.
1. 8 63 of 8.3.1.0 LABOUR Entire sub clause No.8.3.1.0 to
Conventional LAWS be replaced with the following:
GCC and … AND
of LSTK GCC REGULA- The CONTRACTOR shall be

Tender No. BK/TS/970/2023-24/22 Page 17 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

S. Section Ref Clause Subject Amendments


No Page No. No.
.
TIONS responsible for strict
compliance of and shall ensure
strict compliance by its sub-
contractors, servants and
agents of all laws, rules or
regulations having the force of
law affecting the relationship
of employer and employee
between the
CONTRACTOR/sub-
contractors and their
respective employees and/or
otherwise concerning labour,
social welfare and provident
fund, pension, bonus, gratuity
and other benefits to
employees. Without prejudice
to the generality of this
provision, the CONTRACTOR
shall comply with and ensure
that his sub-contractors and
other agencies employed by
him comply with the
provisions of the Payment of
Wages Act, 1936, Minimum
Wages Act, 1948, Employees
Liability Act 1938, Workmen’s
Compensation Act 1923,
Industrial Disputes Act 1947,
Maternity Benefit Act 1961,
Mines Act 1952, The Child
Labour (Prohibition &
Regulation) Act 1986, Contract
Labour (Abolition &
Regulation) Act 1970, Payment
of Bonus Act, Gratuity Act,
Factories Act and the
Employees Act 1952 as
amended from time to time
and all rules, regulations and
schemes framed thereunder
from time to time.
2. 8 63 of 8.3.2.0 LABOUR Entire sub clause No.8.3.2.0 to
Conventional LAWS be replaced with the following:
GCC and … AND
of LSTK GCC REGULA- The contractor and sub-
TIONS contractor(s) of the
CONTRACTOR shall obtain

Tender No. BK/TS/970/2023-24/22 Page 18 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

S. Section Ref Clause Subject Amendments


No Page No. No.
.
from the authority(ies)
designated in this behalf under
any applicable law, rule or
regulation (including but not
limited to) the Factories Act
and Labour (Abolition and
Regulation) Act, 1970 (in so far
as applicable) any and all such
licence(s), consent(s),
registration(s) and/or other
authorization(s) as shall from
time to time be or become
necessary for or relative to the
execution of the work or any
part or portion thereof or the
storage or supply of any
material(s) or otherwise in
connection with the
performance of the Contract
and shall at all times observe
and ensure due observance by
the sub-contractors, servants
and agents of all terms and
conditions of the said
licence(s), consent(s)
regulation(s) and other
authorisation(s) and laws,
rules and regulations
applicable thereto. Without
prejudice to the generality of
this provision, the
CONTRACTOR shall obtain
and ensure that his sub-
contractors and other agencies
employed by him on the Work,
obtained a valid Licence under
the Contract Labour
(Regulation & Abolition) Act,
1970 and shall duly and
faithfully observe and comply
with the provisions of The
Child Labour (Prohibition &
Regulation) Act 1986, Contract
Labour (Regulation &
Abolition) Central Rules 1971
and other Central and State
Rules as amended from time to
time and applicable to the

Tender No. BK/TS/970/2023-24/22 Page 19 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

agency shall inform IOCL, with minimum 15 days advance notice. If the above
condition is not followed, IOCL shall levy penalty amount equivalent to 15 days
salary of the offending Security personnel from the monthly Running Bill of the
security agency.
2.9.12 Day Patrolling by using two wheeler (motor cycle or bicycle) is prohibited. If, any
guard is found using two wheeler, a penalty of Rs. 100.00 per incident will be
deducted from the contractor.
2.9.13 Any other accessories provided to the patrolling team by IOCL (i.e. search light
etc.) shall be returned to the corporation in good working condition. Any loss to
corporation’s property on this account will be recovered from Security Agency as
decided by EIC.
2.9.14 If any of the contractor personnel averts any incident of pilferage because of his
alertness, sharpness etc., then he will be rewarded by IOCL in monetary terms /
gift items / memento to the maximum of Rs. 1500.00 (one thousand five hundred)
at sole discretion of IOCL.
2.9.15 Inappropriate observation (without shoes / tracker devices / poking rod / poor
handling of GPS devices etc.) during surprise checking: Rs. 300.00 for each
instance of surprise check.
2.9.16 In case of any theft, pilferage, loss damages to the Owner's properties in ROW
attributable to negligence or omission of duty on the part of the security personnel
deployed by the security agency, the Owner at its discretion will be entitled to
levy a penalty equivalent to the value of the loss/ damage for each such
happening up to a maximum of 5% of the annual contract value.
2.9.17 Security personnel found sleeping on duty: At 1st instance Rs.600.00/-and
thereafter the security guard to be replaced.
2.9.18 Salary not disbursed before 07th of every Month: Rs. 1000/-per month till the
wages are paid in full.
2.9.19 Required deployment not done within 10 days from the scheduled date -security
deposit will be forfeited and contract may be terminated.
2.9.20 Statutory obligations i.e. PF deposition, issue of ESI permanent card, insurance not
done etc. If not being carried out / being fulfilled in time / within the time frame
@ Rs 3000/- 1st time and if not carried out in the next month cumulative Rs
4,000/- and so on thereafter.
2.9.21 If at any time during the course of contract, it is observed by the Owner or his
authorized representative that the duties rendered by a security guard/ gunman/

Tender No. BK/TS/970/2023-24/22 Page 18 of 39


Special Conditions of Contract [Section-A- Technical]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

S. Section Ref Clause Subject Amendments


No Page No. No.
.
child labour as per the
applicable law in their work
and undertake to comply with
all various legislation, as may
be applicable from time to time
in case the work is awarded to
them.

5. - 125 of Addition INSTRUC Proforma of Undertaking for


Conventional TION TO Non-engagement of child
GCC(New TENDERE labour attached as Annexure-
page) and …. RS 17 to this Amendment.
Of LSTK
GCC
6. Past 122 of GCC 4.17 INSTRUC Please refer clause 3.7.0 above.
Experie TION TO
nce TENDERE
RS
7. 5 Page 47of 5.6.1.0 Defect Clause is modified as below:
GCC Liability
Period The Defect Liability Period
for
the works (including the
materials incorporated therein
within the CONTRACTOR’s
scope of supply) shall unless
otherwise specified be 12
(twelve) months from the date
of completion/Mechanical
Completion stated in
Completion Certificate.
8 - GCC 2.1.1.0 Security In partial Modification to
Deposit clause for Security deposit, the
security deposit shall be 3% of
Contract value instead of 10%.
9 - GCC 2.1.1.2 Initial In partial Modification to
Security clause for Initial Security
deposit deposit, the initial security
deposit shall be 1% of Contract
value instead of 2.5%.
23.3.0 INSOLVENCY AND BANKRUPTCY CODE
23.3.1 Following stands added in Form of Contract of General Conditions of Contract
ARTICLE-9
This Contract has been duly executed and delivered on behalf of such Party and
constitutes a legal, valid and binding obligation of such Party and is enforceable
against it in accordance with the terms hereof subject to the effect of Insolvency and
Bankruptcy Code, 2016 (Code) or any other applicable law (in case where Code is not

Tender No. BK/TS/970/2023-24/22 Page 21 of 22


Special Conditions of Contract [Section-B- Commercial]
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

applicable, or other laws of general application affecting the enforcement of creditor


rights and judicial principles affecting the availability of specific performance and
general principles of equity, whether enforceability is considered a proceeding at law
or equity.

23.3.2 Following stands added in General Conditions of Contract :


7.3.0.0 Owner shall be entitled to immediately terminate this Contract upon written
notice to the Party, without any liability whatsoever, if any of the following
events occur:
a. order of insolvency resolution process or liquidation or bankruptcy
proceeding is passed by the Adjudicating Authority, namely National
Company Law Tribunal (NCLT) or Debt Recovery Tribunal (DRT) under the
Insolvency and Bankruptcy Code, 2016 (Code) or any other applicable law (in
case where Code is not applicable), against the Party; or
b. the Party seeks corporate insolvency resolution process or liquidation of itself;
OR
c. the Party is insolvent or evidence exists as to its insolvency; or
d. an Interim Resolution Professional/ Resolution Professional or Liquidator is
appointed to take possession, custody, or control of all the assets and property
of the Party; or
e. the Party adopts any resolution of its Board of Directors or stakeholder for the
purpose of effecting any of the foregoing.

Such termination shall be deemed to be termination in terms of clause 7.0.1.0 of General


Conditions of Contract and all provisions applicable to a termination, consequent to exercise
of rights under clause 7.0.1.0 of General Condition of Contract, including but not limited to
Owner’s right of recovery in terms of clause 7.0.9.0 of General Condition of Contract, shall
mutatis mutandis apply to the termination under this clause.

24.0.0 ADDITIONAL BANK GUARANTEE: Not applicable for this tender

25.0.0 INCENTIVE FOR COMPLETION BEFORE SCHEDULE TIME: Not applicable for this
tender

Tender No. BK/TS/970/2023-24/22 Page 22 of 22


Special Conditions of Contract [Section-B- Commercial]
ANNEXURES-TECHNICAL
इं िडयनऑयलकॉप रे शनिलिमटे ड
(पाइपलाइ भाग)

responsibility of the Contractor to arrange water supply & its storage at site and
power supply at his own cost for execution of work. Owner shall not be
responsible for supplying water and Contractor shall ensure timely and adequate
supply of water to meet the schedule. DG set of suitable capacity may be installed
and operated by the contractor at his cost. Owner shall not be responsible for
power supply and contractor shall ensure proper supply of electricity to meet the
schedule. The electrical works shall be carried out through Licensed Electrical
personal only.
5.2.0 Contractor shall assess and make necessary arrangements for ensuring availability
of sufficient quantity of quality water required for drilling purpose. Contractor
shall obtain necessary permits/ clearance from the concerned river/ canal
authorities before the water being used.
5.3.0 Water shall be free from dirt, contamination and harmful matter detrimental to the
quality of work and shall in general, conform to the requirements specified in IS:
456-1978. Potable water in general may be suitable for the purpose.
5.4.0 Engineer-in-Charge, at his discretion, may allow the contractor to take water
supply from Owner's source of water. All connections necessary for this purpose
including installation of a flow meter approved by the Engineer-in-Charge shall be
made by the Contractor at his cost.
5.5.0 The Contractor shall pay to the Owner charges towards utilisation of water at the
prevailing rates. The Owner shall, however, not be responsible for any disruption
in the water supply due to any reasons whatsoever & the same shall not constitute
any ground for extension of completion time and compensation of any nature.
5.6.0 Subject to the provisions of General Conditions of Contract, the Engineer-in-
Charge at his discretion may allow the Contractor to use 3-phase/1-phase
electrical power from the nearest sub-station(s). The Contractor shall be required
to make his own arrangements for taking the power upto work site through
properly laid cables and shall arrange his own energy meter which shall be
properly calibrated and sealed by the Site Engineer. The Contractor shall be
charged for the power consumed at the prevailing rates of State Electricity
Board(s).
5.7.0 Without prejudice to the provisions contained in Clause 5.6.0 above, the Owner
shall not be responsible for any disruption of power supply due to power cut/
load shedding/ failure in supply & also for any unforeseen reasons whatsoever
and the same shall not constitute any ground for extension of completion time and
compensation of any nature.

Tender No. BK/TS/970/2023-24/22 Page 21 of 39


Special Conditions of Contract [Section-A- Technical]
Tender No. BK/TS/970/2023-24/22

T#1
Exceptions & Deviations
Bidder may stipulate here exceptions and deviations to Bidding Document, if considered
unavoidable, separately for technical and commercial clauses.

Bid Volume No.,


Sl. Description of Deviation proposed
Chapter No., Page No. Clause No.
No. Clause by Bidder
of Bid Document

NOTE:

1. Bidder to note that this Annexure has been included in the Bidding document solely
for the convenience of the Bidder so as to facilitate them to list out the deviations/
exceptions of technical nature from/ to the bidding document. Owner will not
recognise any deviations/ exception(s) which are not listed in this format.

2. Any remarks / comments to any clause may also be submitted in the above Performa.

3. No cognizance will be taken of any exceptions/ deviations brought out elsewhere in


the bid and the same shall be treated as null & void.

4. In case of no exceptions and deviations, “NIL” shall be marked by the bidder.

(Signature of the Tenderer)


ANNEXURES-COMMERCIAL
इं िडयन ऑइल काप रे शन िलिमटे ड
(पाइपलाइं स भाग)
पू व े पाइपलाइं स, बरौनी
पी.ओ. बरौनी ओईल रफ़ाइनरी
बे गुसराय – 851114 (िबहार)

TENDER NO.: BK/TS/970/2023-24/22

TENDER DOCUMENT

FOR

PROVIDING FIFTEEN (15) NOS. OF UNARMED DGR SECURITY GUARDS,


TWO (02) NOS OF ARMED DGR SECURITY GUARDS & THREE (03) NOS.
OF SUPERVISORS FOR MAINLINE PATROLLING, INTELLIGENCE AND
ANCILLARY ACTIVITIES IN PHBPL RIGHT OF WAY (ROW) UNDER PHBPL
BARAUNI JURISDICTION IN BIHAR & JHARKHAND STATE

SCHEDULE OF RATES

(PRICE BID)
Validate Print Help Percentage BoQ
Tender Inviting Authority: Chief Technical Services Manager, Eastern Region Pipelines, Barauni
Name of Work: Providing Fifteen (15) nos. of Unarmed DGR Security Guards, Two (02) nos of Armed DGR Security Guards & Three (03) nos. of Supervisors for Mainline Patrolling, Intelligence and
Ancillary Activities in PHBPL Right of Way (ROW) under PHBPL Barauni Jurisdiction in Bihar & Jharkhand State
Tender No: BK/TS/970/2023-24/22
NOTE:
1.0 The total figure in cell No. "BA37" is inclusive of Service Charges @10% (As per DGR Guideline) & exclusive of GST. Accordingly, for quoting, select "At par" option from dropdown
in Cell "E38"& fill Zero in Cell "F38"
2.0 Please enable macros before filling the rates to see the quoted figures in words.
3.0 Name of the bidder is to be filled by the bidder. No chnages shall be made by the bidder to S.No., Unit, Quantity, Rate etc.
4.0 In case of any difference in item description/ quantity/unit in BOQ then item description/ quantity/unit given in the tender document shall prevail.
5.0 GST as applicable shall be paid extra upon submission of documentary proof.
6.0 The rates and amounts mentioned below are based on DGR wage notification w.e.f. 01.04.2023.
7.0 Services charges @10% Fixed is applicable in this tender and same is already included in per month wage calculation of guards.
8.0 Break up of wage structure for Unarmed Security Guards,Armed Seurity Guards and Supervisor is provided in Annexure - A/B/C of Scope of Work.
9.0 Scanned / Photocopy of Price bid are not acceptable and such bids shall be summarily rejected.
Bidder
Name :

re
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevant columns, else the bidder is liable to be rejected for this tender. Bidders are
allowed to enter the Bidder Name and Values only )

NUMBER TEXT # NUMBER # TEXT # NUMBER NUMBER # TEXT #

he
#
Sl. Item Description Quantity Units Estimated Rate
TOTAL AMOUNT
No. TOTAL AMOUNT Without Taxes
In Words

1 2 4 5 6 53 55
1 Wage for each DGR unarmed Security Guard for Day patrolling in
PHBPL Barauni . Rate is all inclusive of service charge @ 10 % but
exclusive of service tax/GST & details of rate is enclosed as Ann-A in

e
tender documents. Quantity indicated is for 15 Nos. unarmed security
guard for 24 months.
2 Unarmed Security Guard - 1 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty

ic
Six Only
3 Unarmed Security Guard - 2 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
4 Unarmed Security Guard - 3 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand

pr
Nine Hundred & Seventy and Paise Fifty
Six Only
5 Unarmed Security Guard - 4 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
6 Unarmed Security Guard - 5 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
7

8
Unarmed Security Guard - 6

Unarmed Security Guard - 7


24

24
Month

Month te 38,415.44

38,415.44
9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
uo
9 Unarmed Security Guard - 8 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
10 Unarmed Security Guard - 9 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
11 Unarmed Security Guard - 10 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
tq

Nine Hundred & Seventy and Paise Fifty


Six Only
12 Unarmed Security Guard - 11 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
13 Unarmed Security Guard - 12 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
no

14 Unarmed Security Guard - 13 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
15 Unarmed Security Guard - 14 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
16 Unarmed Security Guard - 15 24 Month 38,415.44 9,21,970.56 INR Nine Lakh Twenty One Thousand
Nine Hundred & Seventy and Paise Fifty
Six Only
do

17 Wage for each DGR armed Security Guard for Night Patrolling in
PHBPL Barauni (Rate is all inclusive of service charge @ 10 % but
exclusive of service tax/GST & details of rate is enclosed as Ann-B in
tender documents ). Quantity indicated is for 02 Nos. armed security
guard for 24 months.
18 Armed Security Guard - 1 24 Month 41,024.68 9,84,592.32 INR Nine Lakh Eighty Four Thousand Five
Hundred & Ninety Two and Paise Thirty
Two Only
19 Armed Security Guard - 2 24 Month 41,024.68 9,84,592.32 INR Nine Lakh Eighty Four Thousand Five
Hundred & Ninety Two and Paise Thirty
se

Two Only
20 Wage for each Supervisor for Day (02 Supervisors) & Night (01
Supervisor) patrolling in PHBPL Barauni. Rate is all inclusive of
service charge @ 10 % but exclusive of service tax/GST & details of
rate is enclosed as Ann-C in tender documents ). Quantity indicated is
ea

for 3 Nos. Supervisor for 24 months.


21 Supervisor-1 24 Month 45,990.39 11,03,769.36 INR Eleven Lakh Three Thousand Seven
Hundred & Sixty Nine and Paise Thirty Six
Only
22 Supervisor-2 24 Month 45,990.39 11,03,769.36 INR Eleven Lakh Three Thousand Seven
Hundred & Sixty Nine and Paise Thirty Six
Only
Pl

23 Supervisor-3 24 Month 45,990.39 11,03,769.36 INR Eleven Lakh Three Thousand Seven
Hundred & Sixty Nine and Paise Thirty Six
Only
24 Travelling ang GPS Set upkeep/Charging allowance for security 24 Month 24,000.00 5,76,000.00 INR Five Lakh Seventy Six Thousand
Guard/Supervisor Only
Total in Figures 1,96,86,051.12 INR One Crore Ninety Six Lakh Eighty Six
Thousand &Fifty One and Paise Twelve
Only
Quoted Rate in Figures - INR Zero Only
Select

Quoted Rate in Words INR Zero Only

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