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Tender No.3300004812/05.07.2017: Section I

The document discusses tender requirements for non-destructive testing services. It outlines pre-qualification criteria including experience requirements and personnel qualifications. It also covers bid evaluation, rejection criteria, general contract terms and conditions, and submission details.

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0% found this document useful (0 votes)
38 views29 pages

Tender No.3300004812/05.07.2017: Section I

The document discusses tender requirements for non-destructive testing services. It outlines pre-qualification criteria including experience requirements and personnel qualifications. It also covers bid evaluation, rejection criteria, general contract terms and conditions, and submission details.

Uploaded by

Satya Rao
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
Download as pdf or txt
Download as pdf or txt
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Tender No.3300004812/05.07.

2017

SECTION I

I. PRE QUALIFICATION CRITERIA : (PQC)


1. Experience criteria:

The bidder should have experience of having successfully carried out and completed similar work of
Non DestructiveTesting of equipment/piping in the field of Hydrocarbon sector like Refineries,
Petrochemicals, Fertilizers, Oil &Gas Processing plants, etc. during last 7 years ending last day of month
previous to the one in which Tenders are invited should be either of the following:

a) Three similar completed works value each not less than Rs. 5.00 Lakhs.
OR
b) Two similar completed works value each not less than Rs. 7.00 Lakhs.
OR
c) One similar completed work value not less than Rs.10.00 Lakhs.

2. Copies of work order/s submitted by the bidders as above shall be accompanied by copies of
Satisfactrory Performance Certificates.

3. If the bidder has carried out similar works of Non Destructive Testing equipment/piping, as a Sub-
contractor, the following shall necessarily be submitted :

3.1 Work order copies placed by the original client on the agency that sub contracted the job to the
bidder.
3.2 Work order copies placed by the agency on the sub-contractor (bidder)
3.3 Contact details/contact person of the original client.
3.4 Satisfactory Performance Certificate by the original client on the agency and by the agency on the
sub-contractor (bidder).

4. The inspection personnel proposed to be deployed shall have a minimum qualification of


ASNT/INST level II in Penetrant Testing with a minimum of six months of post-qualification
experience in the field of Hydrocarbon sector like Refineries, Petrochemicals, Fertilizers, Oil &
Gas Processing plants, etc.

5. Financial Criteria:

Average annual Turnover of the bidder, during the last three years ending March 31st of previous
financial years shall not be less than Rs.3.76 Lakhs. Audited Annual report shall be submitted along with
bid.

6. Net worth of the bidder as per latest audited annual financial results shall be positive.

7. General:

a) Bidder shall furnish documentary evidence i.e. copies of work orders/ relevant pages of
contract/SOR, completion certificate, from the Owner of work executed, annual reports containing
audited balance sheets and profit & loss accounts statement in the first instance itself, in support
of their fulfilling the qualification criteria.
b) All documents furnished by bidder in support of meeting the experience criteria of PQC shall be
certified.
.

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II. Bid Evaluation Criteria(BEC):

1. The bidder should accept all the Technical specification and scope of work in toto as given in the
tender.
2. Techno commercially acceptable bids will be evaluated on overall L-1 basis i.e. lowest landed cost to
MRPL.

III. Rejection Criteria:-

The bids are liable for rejection in following cases:


1. Bids received after the due date and time of bid submission shall be summarily rejected.
2. Bids without EMD: Bids received without / with insufficient EMD, (original with the Technical Bid),
before the bid closing date & time shall be summarily rejected. However, Govt. Dept. /PSUs/ firms
registered with NSIC/MSE (Micro & Small Enterprise), vendors registered with District Industries
Center (DIC), are exempted from submission of Tender Fees and EMD. Such bidders shall submit
relevant documentary proof towards waiver, along with technical bid of the tender.
3. Non-adherence to technical / commercial terms, Un priced bid and Price bid not in the prescribed
format, incomplete bids and bids with deviations in the tendered scope of work shall be rejected.
4. Offer sent without having the prescribed bidding document of MRPL and without complying with the
terms and conditions of bidding document for submitting the offer, shall be summarily rejected.
5. If the bidder does not meet the PQC.
6. Bids with deviations in the tendered scope of work.
7. If technical bid & price bid are submitted together.
8. Bids found to have been submitted with falsified/ incorrect information.
9. If Bidder is in the Holiday/ Blacklist of any CPSU/ State PSU/ Central or State Government
Undertaking. Bidder shall give a self-declaration to this effect.
10. Bidder to quote for all items enlisted in the BOQ, otherwise bid shall be rejected.

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SECTION II
GENERAL CONDITIONS OF CONTRACT (GCC)

1. Please refer attached Scope of work, general terms & conditions. You are requested to submit your
most competitive offer for all works involved as per scope of work. MRPL’s General terms &
conditions forms part of this enquiry.

2. Bidder shall quote firm price as per enclosed price bid format which shall include all requirements,
supplies, taxes & duties etc., including Works contract tax if any shall be borne & inclusive by the
contractor. Service Tax, if applicable shall be extra, mentioned separately. The prices shall remain
firm & fixed till the execution of the entire contract. No revision of rates on any account will be
accorded during the tenure of the contract and no price variation clause of the bidder will be
considered. No minimum work is guaranteed and no idling charges also shall be paid.

3. Labour law requirements such as-provident fund act etc, minimum wages act, workmen
compensation act, Employee state insurance or any such requirements as per rules of central &
state govt. MRPL Work permit system, Safety requirements, Security requirements shall be
complied by the Contractor while providing services at MRPL Site.

4. All Technical querries shall be referred to [email protected], Dy.Manager (Inspection) on


telephone No.0824-2882547, and shall be got clarified before submitting Bids.

5. Offer shall be valid for 90 days from bid closing date.

6. Engineer in charge shall be DGM (Inspection) Or officer nominated by him.

7. The Contract Period shall be for one year from the date of issue of order. This contract may be
extendable for one more on mutual agreement on same rate, terms & conditions. Start of contract
shall be immediate as per the Instructions of Engineer-In- Charge.

8. Last date/time for submission is 12/07/2017 at 15:00 hours. Late Bids will be not being accepted in
the EPS System.

9. Earnest Money Deposit (EMD): EMD of ` 25,000/- (Rupees Twenty five Thousand only) to be
submitted in the form of DD in favour of MRPL payable at Mangalore or BG valid for 120 days from
bid closing date from a nationalized or schedule bank is acceptable.

TERMS AND CONDITIONS (forming part of Technical Bid)

1. GENERAL GUIDELINES

a. All Tenderers, bid to be submitted online through https://mrpl.eproc.in through E-procurement system only.

b. Every tenderer must be strictly in accordance with the conditions and specifications prescribed by MRPL. Special
conditions (if any) submitted along with the tender documents by the bidder will not be applicable to this
Tender, in case they are in conflict with any of our terms and conditions.

c. All entries in the tender must be written in permanent ink or typewritten without use of eraser or overwriting.
Corrections if any, should be attested under the full signature of the tenderer.

d. All the Rates given in the Tender must be expressed both in words and in figures and in case of difference
between the two, the rates given in words would be final and considered correct.

e. All tenderers are required to read these conditions carefully and return one set duly signed by them as token of
having read, understood and accepted the conditions, along with information called for by MRPL.

f. All tenderers are required to give details in the Performa attached (Appendix-I & II) and attach to Technical bid

g. All tenderers are required to go through the GCC and sign all the pages for acceptance of all the terms and
conditions.

h. Bidders are required to serially number all the pages being appended by them as part of submission to the
Technical bid. Such numbering shall include , Covering letter, Technical specifications, Items list being offered,
Drawings, Bid qualification proof, Testimonials, Certificates, Catalogues, Compliance or Deviation statements,
etc as applicable to this Tender and create an Index Page with headings and corresponding page numbers. In
addition to this, all pages of the Tender documents issued by MRPL shall be signed on all pages and submitted
along with the Technical Bid.

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wherever bids are invited in 2 Parts,(Technical bids and Price bid separately to quote in EPS System through on
line) all the pages are serially numbered and signed on all pages. In case, price bid is included Technical bid
portion, the entire bid will be rejected.

i. Bidder should have independent ESI & PF code allotted by Employee State Insurance Corporation and
Employees Provident Fund Organization. The details should be enclosed along with the technical bid. However,
in the event of non-availability of PF code at the time of submitting the bid, the successful bidder shall obtain
the same within 45 days from the date of commencement of the work and an undertaking to this effect shall be
enclosed.

j. PROVIDENT FUND
The Contractor should strictly comply with the provision of the Employees Provident Fund Act.
(a) Obtained licence under Contract Labour (Abolition and Regulation)Act 1970
(b) P.F. Registration Number allotted to them by RPFC.
(c) The agencies should promptly deposit P.F. deduction of the eligible contract employees plus the employers
contribution to the RPF. For this purpose agency must submit a certificate in their Bill that PF amount has been
deducted from the eligible employees and alongwith the employers contribution has been deposited with RPFC.
In support of this the agency must furnish the challan / receipt for the payment made to RPFC for the earlier
months.
If the certificate and the challan / receipt are not furnished, the Finance & Accounts Dept. of Owner will deduct
16%(Sixteen Percent) of the amount of the Contractor’s bill and retained deposits may only be refunded to the
contractor on production of the Challan / receipt.

k. The wages paid by the contractor to their employees / workmen shall be fair and in no case be less than the
wages prescribed by the appropriate Government under the Minimum Wages Act, 1948 (The minimum wages
prevalent as on 01.04.2017 is given as in under) and all provisions of Regulation of Contract Labour Act. In
addition to the minimum wages prescribed by the appropriate government/authorities, the successful bidder
shall pay MRPL special allowance. The rate of MRPL special allowance are Rs 34/-,Rs. 25/-, Rs.70/- & Rs.90/- for
unskilled/cleaning & sweeping, Semiskilled/Unskilled Supervisory, Skilled/Clerical & Highly skilled, category
respectively per day of attendance. All safety gadgets, Uniform shall be given to the employees by the bidder as
per F&S Dept requirements.

The Minimum wages prevailing with effect from 01.04.2017are as follows


Category of worker
Wages ( In `.)
`.

Unskilled Rs.448.00
Semi-skilled / Unskilled supervisory Rs.506.00
Skilled/Clerical Rs.593.00
Highly skilled Rs.653.00
Sweeping & cleaning Rs.448.00

In addition to the above, the bidder should pay employer contribution of PF@12% on max wages of Rs.
15,000/- per month, [email protected]%, [email protected]%, Leave wages, [email protected]% or Rs.7,000/- per
annum whichever is higher as per bonus act.

DETAILS OF MINIMUM PAYMENT TO WORKFORCE EMPLOYED BY CONTRACTOR

The contractor shall pay Minimum as per the following table to the workforce deployed by him under various
categories(Unskilled / Semiskilled / Skilled / Highly Skilled) as applicable;

Description Payment basis


Sl no
1 Basic Wages per day
As per Minimum wages act issued from time to time by ALC
2 PF/Admin charges 13.36 % of Basic Wages & MRPL Special Allowance
3 ESI 4.75 % of Basic Wages, MRPL Special Allowance & Shift allowance
(if applicable).
4 Leave Wages 4.8 % of Basic Wages (As per ALC)
5 Bonus 8.33 % of min wages or Rs 7000 /- per annum whichever is higher
6 Holiday wages 10 days per year

Unskilled Semi Skilled (in Highly skilled (in


Skilled (in Rs)
7 MRPL Special Allowance per day (in Rs) Rs) Rs)

34 50 70 90

The following to be complied:


a. Shift allowance (if applicable, only for Rotating shift A, B & C) – Shift allowance @ Rs 25 /- per shift to be
provided to Secondary work force coming in rotational shift (i.e., morning, evening and night shifts) working in
plant area.
b. Annual Medical Check up for Workforce to be complied by the contractor.

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c. PF/ESI remittance to be ensured on MRPL Special Allowance.
d. Rates of MRPL special allowance shall be Rs 34, Rs 50, Rs 70 & Rs 90 for Unskilled, Semi-Skilled, Skilled &
Highly Skilled Category respectively.
e. Gratuity to be paid as per the statutory norms based on the government directives.
f. Number of closed Holidays shall be 10 days per year.
g. Extended working hours shall be compensated suitably as per statutory provisions.
h. Group term life Insurance cover to be taken having a risk coverage 24 X 7 death coverage(Natural /Accidental
death) with a sum assured of Rs.10,00,000/-(Rs. Ten lacs only).
i. Statutory provisions if in contradiction will prevail over any Special conditions of the Contract.
j. Transportation facility in respect of Secondary Workforce for commuting to entry gates of MRPL shall be in the
scope of the contractor. However, for internal transport from entry gate to place of work; existing circular
vehicles to be utilised.
k. For ensuring compliance to the above, suitable number of welfare officers to be placed by contractors with
respect to all statutory provisions.
l. Uniform/ Boiler suit-2 sets per year, Helmet, Shoes, Raincoat to be provided to the workforce and proof to be
submitted.

2. EARNEST MONEY DEPOSIT(EMD):


a. Incomplete tender/ tenders without requisite EMD will be rejected. The Company reserve the right to
reject any tender or all the tenders without assigning any reason whatsoever.
b. The tenderer or their representatives with necessary authorisation letter can be present during the
technical bid opening/Pre bid conference.
c. Company will not be responsible for loss or late / non receipt of tender documents.
i. No interest shall be payable on Earnest Money Deposit.
ii. Tenders not accompanied with EMD/late receipts will be rejected.
iii. No Cheques will be accepted towards EMD.

d. EMD may be paid in one of the following forms in a separate sealed cover.
Demand drafts or Pay Order drawn on Scheduled Bank in favour of MRPL, Mangalore.
Bank Guarantee in prescribed format (enclosed)which is enclosed, executed by scheduled
/ Nationalised Bank and valid for a period of 180 days from the bid closing date.
e. Earnest Money is liable to be forfeited if tenderer.
a. Withdraws or modifies offer in full or part during the validity period
b. Does not accept Purchase /Work Order if placed by MRPL
c. Does not Confirm of acceptance of order within the stipulated time after placement of order.
d. If documents submitted along with the bid are found false, fabricated etc.
f. The following are exempted from payment of EMD
a. The unit is registered with NSIC for the item tendered.
b. Registration Certificate is valid as on date of opening of the tender.
c. Quotation is accompanied by Photostat copy of valid NSIC registration certificate.
d. PSU’S are exempted from payment of EMD.
g. Refund of EMD
a. If the successful tenderer commences supplies/work and also lodges the security deposit in the manner
prescribed and within the period specified,MRPL shall return to him Earnest Money Deposit, paid by him
without any interest thereon.
b. Earnest Money Deposit will be refunded to all unsuccessful tenderers after finalisation of the Tender without any
interest within 15 days.

3. Bid Validity/Bid opening

The rate quoted against this tender shall be valid for a period of 90 days from the date of opening of tenders
and once the quotation is accepted and order placed on the successful tenderers, the rate shall be valid for the
full period of the contract.(INCLUDING THE EXTENDED PERIOD , IF OPTED BY MRPL)

Tenderers are requested to carefully study the entire tender document and the conditions so specified before
quoting their rates, no alteration in the tender rates quoted will be allowed.

The price will remain firm except for change / imposition of any new /additional statutory levies/taxes/duties on
plant and equipment /Services if applicable. The price shall be inclusive of all current applicable duties (WCT
etc/taxes/charges etc. The details of such duties/taxes are specified with break up.

Only Service tax, as applicable shall be payable extra.

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The Technical bid opening for Public Tenders will be done on the same day of Bid closure. The price bid of the
qualifying parties will be opened in the presence of their representatives as per MRPL Procedures. The time and
date of opening will be intimated separately only to qualifying parties.

4.ACCEPTANCE OF TENDER

MRPL reserves the right to accept or reject in part or whole any or all the tenders received without assigning
any reason whatsoever. MRPL is not bound to accept the lowest tender and reserves the right to split the tender
if deemed fit. The decision of MRPL in this regard shall be final.
5. COMMERICIAL TERMS

a. SECURITY DEPOSIT
The Successful tenderer will have to deposit with MRPL (within 15 days of award of work
order) an amount equivalent to 10% of Contract value interest free security deposit towards due &
satisfactory performance of contract.
a) In the form of Pay order or Demand Draft in favour of MRPL drawn on a Nationalised / scheduled bank payable
at Mangalore on which no interest will be payable or
b) In the form of Bank Guarantee from Nationalised / scheduled bank acceptable to MRPL as per company
standard Performa which is enclosed. The Bank Guarantee will be valid for 1 year, renewable every year, for the
balance period of the contract
MRPL is entitled without being bound to do so, to adjust the whole or any portion of the security deposit
towards the recovery of any amount due to MRPL from the successful tenderer. The Security Deposit or such
portion thereof that has not been adjusted towards recovery of amount due from the successful tenderer, will
be refunded within 15 days of on satisfactory completion of the contract and provision of 10% PBG towards
Defect Liability Period (if applicable). No interest is payable by MRPL to the successful tenderer on the security
deposit.
Security deposit shall be forfeited in case the vendor fails to execute the order.

b. OBSERVATION OF FORMALITIES RELATING TO PF, ESI, REGISTRATIONS , SERVICE TAX ETC.


It should be confirmed by the successful tenderer that his/their organisation is already registered with the Provident
Fund Commissioner and the details may please he furnished to us for MRPL'S records and the reference. MRPL will
reserve its right to inspect the records pertaining to Provident Fund rules (Annexure V).
(1) PF / ESI Code:
The Tenderer shall indicate his / their PF Code / ESI Number in their tender,

(2) Income Tax:


The Tenderer shall in all cases indicate his income tax Permanent Account Number.(PAN)

(3) Service tax/ VAT/ Sales tax


The successful bidder should furnish Serially Numbered and signed invoice/bill (in duplicate) containing following
details :
Service Tax Registration Number, Registration date, Service Tax Range and Division with address
-Description, classification and value of taxable service rendered and service tax Charged.
MRPL will be unable to process the Bill for payment unless the conditions prescribed under Service tax
Rules as given above are complied with the successful bidder

c. Payment terms

No advance payment will be made. In case of Advance is sought for, it can be granted only against Bank Guarantee
and such advance will be recovered from Monthly bills. Interest will also be chargeable for the Advance at Bank
rates/as decided by MRPL.

Payment will be made for the actual work done/ supply of materials/Job/services performed and certified by
Engineer Incharge. Such payment will be made within 15 days of submission of bills.

a. 100% of the actual work done on completion of the job/ against monthly progressive bills submitted duly certified by
the Engineer In charge (subject to submission of SD for 10% of the order value).

Retention money, if specified, will be withheld before releasing all payments i.e either monthly or progressive/
stagewise payments.

Necessary deductions for Cenvat credit/other taxes/duties as applicable and other dues, like Income tax etc if any
will be deducted from Contractor’s Running bills.

Bills can be submitted after completion of work/ once on monthly basis against progressive work completion/as per
milestones specifed as per Tender.

d. Payment mode:

MRPL has introduced Electronic payment system for all vendors / contractors. All payments shall be through electronic
mode (RTGS/NEFT) from our Corporation Bank Account. Therefore, vendors are requested to furnish the information as

6
per attached format on issue of order to successful bidder. Any change in the particulars shall be immediately informed
to MRPL.

6. INSPECTION/ OPERATION CONTRACT

MRPL shall have free access to visit the bidder’s premises/work area where the job/services are taking place and or
inspect the same. The successful tenderer will be responsible for quality of all the services/job at all times under valid
permits/as authorised by Engineer Incharge.

7. SUB-LEASING/OPERATION OF CONTRACT

The successful tenderer shall not be allowed to sublet or assign the benefits of the Purchase/Work order placed on them
by MRPL to any other party without prior written consent of the MRPL.

8. CANCELLATION /TERMINATION

MRPL shall be at liberty to cancel the contract forthwith at any time under the following conditions.
a. If the successful tenderer shall commit a breach of any of the conditions stipulated contract and fail to remedy
such breach within four days of the receipt of the written notice from MRPL in this regard.
b. Upon
i. The death or adjudication as insolvent of the successful tenderer, if he/she be an individual.
ii. The liquidation, whether voluntary or passing of the effective resolution for winding up of the successful
tenderer if it be a company.
c. If any successful tenderer or any partner in the firm of the successful tenderer shall be convicted of any criminal
offence.
d. If a receiver is appointed of any property or assets of the successful tenderer.
e. If the work/ services are no more required by MRPL.
f. If the license issued to the successful tenderer by the relevant authorities for modification filling and storage of
product supplied by MRPL is cancelled or revoked.

g. If the successful tender deliberately contaminates or tempers with quality or product supplied by MRPL.

h. MRPL will be at liberty to short close the contract work order without assigning any reason whatsoever by giving
a notice of l (One) month

i. Specified delivery schedule/ completion period is not adhered to beyond 3 months from due date unless
specifically agreed by MRPL.

j. Laid down specifications are not adhered to or when the performance of the contract is unsatisfactory

k. Major contractual terms and conditions are violated insolvency of the supplier
The MRPL right to cancel the contract under the terms, aforesaid shall be without prejudice to any of its other
rights and remedies against the successful tenderer In the event of MRPL cancelling the contract, it shall not be
liable to pay for any loss or compensation in respect of such cancellation

9. CORRECTNESS OF DOCUMENT

It shall be understood that every endeavour has been made to avoid error which can materially affect the basis of this
tender and the successful tenderer shall take upon himself and provide for risk of any error which any subsequently be
discovered and shall make no subsequent claim on account therof no advantage is to be taken by the tenderer successful
Or otherwise of any clerical error of mistake which may occur in the general specification, schedules, plans of tender
forms supplied to the tenderer

10. FORCE MAJEURE CLAUSE

If at any item during the continuance of the contract the performance in whole or part by either party of any obligation
under the contract shall be prevented or delayed by reasons of war, hostility acts of public enemy, civil commotion,
sabotage. fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or acts of God (hereinafter
referred to as events) then provided notice of the happenings of any such events if given by either party or the other
within twenty one days from the date of occurrence thereof, neither party shall by reasons of such event, be entitled to
terminate the contract nor shall either party have any claim for damage against whether in respect of such non-
performance or delay in performance. Deliveries or acceptance of deliveries under the contract shall be resumed as soon
as practicable after such event has come to an end or ceased to exist and the decision of the MRPL as to whether the
deliveries or acceptance of deliveries have to be so resumed or not shall be final and conclusive provided further if the
performance in whole or part or any obligation under the contract is prevented or delayed by reasons of any such event
for period exceeding 60 days either party may at its option terminate the contract

11. BEST PRICE CLAUSE

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In the case of 'Successful Tenderer (s)’, the orders placed are them will be governed by the "Best price clause" under
which the Tenderer on whom the order is placed offers a lower rate/better terms (other than at which order is placed on
the items tendered by MRPL) to any other Oil Company (PSU)/other private parties during the pendency of the order, the
same price/terms will automatically be applicable to MRPL with effect from the date of such lower rates offered by the
vendor to other parties.

12. RISK PURCHASE CLAUSE:

In the event of Contractor not meeting the indents placed by the Company with in the stipulated time, then Company
would be free to use the services of any others and recover the difference in such services and additional expenses
incurred by the Company from the Contractor.

13. MANPOWER EMPLOYED BY TENDERER

The successful tenderer shall deploy adequate staff of the requisite competence that may be required for meeting the
scope of services/work called for. It is hereby specifically agreed that the responsibility for the employment of staff and
their salary, wages remuneration, etc, shall be the sole responsibility of the successful tenderer and that MRPL shall not
be responsible in any manner directly or indirectly for such employment or expenses so incurred by successful tenderer
thereof. Successful tenderer shall give a declaration to this effect. The Contractor has to comply with all Labour related
laws/rules in force w.r.t Minimum wages Act, Factories Act, Labour ACT and all other such regulations/amendments
made from time to time and in force and maintain all documents as required by Law enforcing Authorities and produce
the same as and when called for.

MEDICAL: In case of Annual Contracts exceeding more than one year, the Contractor should get medical examination of
the contract workers done every year either in MRPL Hospital or in ESI Hospital and produce the medical certificate in the
prescribed format (Form No.16)".

14. LIQUIDATED DAMAGES FOR DELAYS EXECUTION OF CONTRACT:

If the successful tenderer commits any default or breach of terms and conditions of the Work Order to be placed on them
or fail in the due performance thereof within the time fixed by Engineer In Charge (which is the essence of the contract)
and do not complete the entire supplies / work on the stipulated due date, MRPL shall be entitled to recover from the
successful tenderer by way of compensation or liquidated damages an amount calculated at the rate ½% value of the
contract price subject to a maximum of 5 % of value of the contract for every week or part thereof the delay beyond the
stipulated date.

LD will be imposed on the cost of contract price of delayed in completing the work within the scheduled time, except
however, where, in the judgment of MRPL the executed partial job/work quantity does not fulfill the operating need, LD
will be imposed on full value of the Work Order

15. COPY RIGHT /TRADE MARK OF MRPL RELATED DISCIPLINE

The successful tenderer shall not infringe, copy, imitate or otherwise deal with brand name, trade or merchandise marks
or devices of design or copyright belonging to MRPL entitled to use or otherwise alter, deface or interface with the same
or pass of other goods or describe others goods as the same as that of MRPL or having been manufactured of MRPL of
otherwise prejudice alter or affect the copyright, trade or merchandise marks or certified packing or design or colour of
the company's labels or specification or the price or weight or other codification that is marked on the packing or caused
to be given by MRPL, it is expressly agreed that all trade marks, design and copyright shall vest in MRPL, and nothing
contained in this offer shall have the effect of creating any right, title or interest in respect of the successful tenderer.

16. BUSINESS SECRET/MARKETING DISCIPLINE

It is hereby specifically agreed by the successful tenderer that this clause shall be deemed to be a condition going to the
root of this offer, that the successful tenderer shall not at any time during the subsistence of this contract or any time
after its termination, call itself or hold out itself, advertise in any manner whatsoever by publication or otherwise, by
printing, in writing or by any visual representation, either in it's letter heads or news paper or magazines or leaflets, or
by broadcasts over radio or by television or by any other media communication or In any manner whatsoever other than
the appropriate Government Authorities to the extent necessary unless so permitted in writing by MRPL.

The successful tenderer hereby agrees and undertakes not to disclose to any party whatsoever any formulate blend
order, specifications, trade secrets, marketing projection or intelligence or any other data or information and shall keep
absolute secrecy in all matters pertaining to this offer, all correspondence relating thereto, all instructions given or
anything having any relevance with the offer on any matter touching or arising out of this arrangement including the
Books, Accounts, papers and correspondence and shall keep strictest secrecy and confidence thereto to any person
whomsoever other than appropriate Government Authorities to the extent necessary, unless directed to do so by MRPL in
writing.

17. ARBITRATION CLAUSE

Except, as otherwise provided elsewhere in the contract, if any dispute, difference, question, or disagreement arises
between the the parties hereto or their respective representatives or assignees, at any time, in connection with
construction, meaning, operation, effect, interpretation or out of the contract or breach thereof, the same shall be
referred to /decided by an Arbitral Tribunal consisting of three arbitrators. Each party shall appoint one arbitrator and
arbitrators so appointed shall appoint third arbitrator who will act as Presiding arbitrator.

8
All disputes arising out of this order shall be referred to the sole arbitration of a person selected by the Vendor out of a
panel of three persons nominated by the Managing Director or any Officer nominated by him be final and binding on
the Vendor.

Subject as aforesaid the Indian Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings under the
Contract.

18. JURISDICTION

The Vendor hereby agrees that the Courts situated in Mangalore alone shall have the Jurisdiction to hear and determine
all actions and proceedings arising out of this contract. This agreement is subject to the special conditions stipulated in
our schedule and (or work Order No. ____________ dated _____________ and subsequent amendments, if any, issued
from time to time.

19. Any party or its associated company if had been in the holiday list / Black-listed by any Central / State
Government agencies or any Central / State PSU company and such name appears in the list of the above mentioned
central / state Government agencies or central / state PSUs as on date is disqualified and would not be considered.

A self certified copy to this effect/ or an affidavit that the vendor is not black listed by above mentioned
Agencies is required to be produced, if called for by MRPL, in the event of award of work order.

20. Originals of the qualifying documents should be produced as and when asked for verification, and failure to produce
such Original document/s at specified date, time and place would mean rejection of tender for further evaluation.

21. MRPL reserves the right to accept or reject any or all tenders and at any stage of the tender evaluation process at
the company's sole discretion and without assigning any reason thereof.

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Other Conditions of the Contract (As applicable)

1.0 General

1.1 This shall be read in conjunction with the General Conditions of Contract, Scope of work specifications of work,
drawings and any other document forming part of this contract wherever the context so requires.

Notwithstanding the sub divisions of the document into these separate sections 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 so far as it may be practicable to do so.
Where any portion of the Special Conditions of Contract (SCC) is repugnant to or at variance with any provisions
of the General Conditions of Contract them unless a different intention appears. the provision of the Special
Conditions of Contract shall be deemed to override the provisions of the General Conditions of Contract only
to the extent such repugnancies or variations in the Special Conditions of Contract as not possible of being
reconciled with the provisions of General Conditions of Contract.
Wherever it is stated any where in this tender document that such and such a supply is to be effected or such
and such a work is to be carried out, it shall be understood that the same shall be effected/carried out by the
contractor at his own cost, unless a different intention is specifically and expressly stated herein or otherwise
explicit from the context.

1.2 The materials, design and workmanship shall satisfy the relevant Indian Standards, the Technical Specifications
contained herein and codes referred to. Where the job specifications stipulate requirements in addition to those
job contained in the standard codes and specifications, these additional requirements shall also be satisfied.

1.3 In case of an irreconcilable conflict between Indian or other applicable standards. General Conditions of
Contract, Special Conditions of Contact, Specifications, Drawings and/or Schedule of Rates, the following shall
prevail to the extent of such irreconcilable conflict in order of precedence.

1.4 Letter of Acceptance alongwith Statement of Agreed Variations, Schedule of Rates and
i) Telex/Fax of Intent
ii) Special Conditions of Contract
iii) General Conditions of Contract
iv) Job/Particular Specifications
v) Drawings
vi) Technical/Material Specifications
vii) Indian Standards
viii) Other applicable Standards

Shall form a part of the contract.

1.5 It will be the Contractor's responsibility to bring to the notice of Engineer-in-charge any irreconcilable conflict
in the Contract documents before starting the work(s) or marking the supply with reference to which the conflict
exists.

1.6 In the absence of any Specifications covering any material, design or work(s) the same shall be
performed/supplied/executed in accordance with standard engineering practice as per the instructions/directions
of the Engineer-in-charge, which will be binding on the Contractor.

2.0 LOCATION AND ACCESS OF SITE

The work site is located within MRPL refinery complex; Mangalore /Refer SCC

3. SCOPE OF WORK

The scope of the work covered in this tender shall be as specified in the various Technical Specifications/SCC. It is,
however, explicitly understood and confirmed by the CONTRACTOR that the scope as described in the TENDER
DOCUMENT is not limiting, in so far as the responsibilities of the Contractor shall include, inter-alia, carrying out any
and all works and providing any and all facilities those are required in accomplishing the task, complying fully with all
requirements as are envisaged of it, complete in all respects and satisfying all performance and guarantee requirement
stated or implied form the contents of the BIDDING documents.

4.SCOPE OF JOB/WORK/SERVICES/BOQ/PRICE BID

Please refer to SCC for Tech specifications/conditions/Price bid.

5.TIME SCHEDULE/MOBILISATION/COMPLETION PERIOD

MOBILISATION TIME: as per the instructions of EIC.

START DATE: as per the instructions of EIC (Please refer SCC).


COMPLETION PERIOD: as per the instructions of EIC (Please refer SCC).

The work shall be executed strictly as per the time schedule.

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Monthly/weekly construction programmes will be drawn up by the Engineer-in-charge jointly with the Contractor based
on demand/ availability of materials, work fronts etc. The Contractor shall scrupulously adhere to the
targets/programmes by deploying adequate personnel, survey instruments, construction equipment, tools and tackles
and also timely supply of required materials coming within his scope of supply as per contract. In all matters
concerning the extent of targets set out in the monthly/weekly programe and the degree of achievements, the decision
of Engineer-in-charge will be final and binding on the Contractor.

Contractor shall give every day report on deployment of category-wise labour and equipment along with the progress of
work done on previous day in the proforma prescribed by the Engineer-in-Charge.

6.UNDERGROUND AND OVERHEAD STRUCTURES

The Contractor will familiarise himself with and obtain information and details from the Owner in respect of all existing
structures, overhead lines, existing pipelines and utilities existing at the job site before commencing work. The
Contractor shall execute the work in such a manner that the said structures, 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.

7. CO-ORDINATION WITH OTHER AGENCIES

The work shall be carried out in such manner that the work of other agencies operating at the site is not hampered
due to any action of the Contractor. The Contractor will be responsible for ensuring proper co-ordination with other
agencies. In the event of any dispute between the Contractor and any other agency employed at the job site arising
out of or related to the performance of the work, the decision of the Engineer-in-charge shall be final and binding on the
Contractor.

8. LABOUR LAWS

The Contractor shall obtain necessary licence from the Licensing Authority under the Contract Labour (Regulation &
Abolition) Act, 1970 and the Central Rules framed thereunder and produce the same to the Engineer-in-charge before
start of work.

The Contractor shall not undertake or execute or permit any other agency or sub-contractor to undertake or execute any
work on the contractor's behalf through contract labour except under and in accordance with the licence issued in that
behalf by the Licensing Officer or other authority prescribed under the Factories Act or the Contract labour (Regulation &
Abolition) Act- 1970 or their applicable law rule or regulation if applicable.

The provision of EPF & MP Act. 1952 and the Rules/Scheme thereunder shall be applicable to the Contractor and the
employees engaged by him for the work. The Contractor shall furnish the code number allotted by the RPFC Authority, to
the Engineer-in-Charge before commencing the work.

The Contractor shall be exclusively responsible for any delay in commencing the work on account of delay in obtaining a
license under clause 6.1 above or in obtaining the code number under Clause 6.3 above and the same shall not
constitute a ground for extension of time for any purpose.

The Contractor shall enforce the provisions of ESI Act and Scheme framed thereunder with regard to all his employees
involved in the performance of the Contract and shall deduct employee's contribution from the wages of each of the
employees and shall deposit the same together with employer's contribution of such total wages payable to the
employees in the appropriate account.

9. LABOUR RELATIONS

In case of labour unrest/labour dispute arising out of non-implementation of any law, the responsibility shall solely lie with
the contractor and he shall remove/resolve the same satisfactorily at his cost and risk.

The Contractor shall deploy only duly qualified and competent personnel for carrying out the various jobs as assigned by
the Engineer-in-Charge from time to time. The workmen deployment by the contractor should also possess the necessary
licence etc., if required under any law, rules and regulations.

The Contractor shall ensure that local labour, skilled and/or unskilled, to the extent available shall be employed in this
work. Special preference shall be given to persons and/or dependents of persons whose land has been acquired for the
project work. In case of non-availability of suitable labour in any category out of the above persons, labour from outside
may employed.

The Contractor shall not recruit personnel of any category from among those who are already employed by the other
agencies working at site but shall make maximum use of local labour available.

(a) Payment to contract workmen: In case of manpower based Contracts, Contractor shall be responsible to make
payment to his workers/ employees in respect of their salaries/ wages through bank cheques/ crediting to bank A/c; the
consent of the labour should be obtained before crediting wages to the bank account, the contractor shall pay wages to
all his employees on or before 7th of the following month under the supervision of authorised MRPL personnel and a copy
of proof of payments to be submitted to MRPL; MRPL may demand such payment of wages under supervision of MRPL, if
found necessary. The rates of wages shall be in conformity to the minimum wages act.

10. CONTRACTOR'S LABOURERS TO LEAVE SITE ON COMPLETION OF THE WORK

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The Contractor's labourers must leave the location of the project site/township after the work is tapered/completed to
avoid creation of a Slum in the areas adjoining the project/township.

11. TEMPORARY WORKS

All Temporary and ancilliary works including enabling works connected with the work shall be responsibility of the
Contractor and the price quoted by them for erection shall be deemed to have included the cost of such works, which
shall be removed by the Contractor at his cost, immediately after completion of his work.

12.MAKE OF EQUIPMENTS/COMPONENTS

Bidders shall procure and supply the items covered in their scope from the approved vendors. Wherever an item is
specified or described by a particular brand name, manufacturer or vendor, the specific item mentioned shall be for
establishing type, function and quality desired. Other manufacturer's products will be considered, provided
sufficient information are furnished to the Employer to assess the products proposed as equivalent and acceptable.
Contractor shall take prior approval from Engineer-in-Charge for procuring such items which are not covered under
approved vendor list.

13. QUALITY ASSURANCE SYSTEM.- As applicable

The Contractor shall include in his offer the Quality Assurance Programme containing the overall quality management and
procedures which is required to be adhered to during the execution of contract. After the award of the contract, detailed
quality assurance programme to be followed for the execution of contract under various divisions of works will be
mutually discussed and agreed to.

The Contractor shall establish document and maintain an effective quality assurance system as outlined in recognised
codes.

Quality Assurance System plans/procedures of the Contractor shall be furnished in the form of a QA manual. This
document should cover details of the personnel responsible for the quality assurance. , plans or procedures to be followed
for quality control in respect of Design, Engineering, Procurement, Suuply, Installation, Testing and Commissioning. The
quality assurance system should indicate organizational approach for quality control and quality assurance of the
construction activities at all stages of work at site as well as at manufacturer’s works and despatch of materials.

The Owner/or their representative shall reserve the right to inspect/witness review any or all stages of work at shop/site
as deemed necessary for quality assurance.

The Contractor has to ensure the deployment of quality Assurance and Quality control Engineer(S) depending upon the
quantum of work. This QA/QC group shall be fully responsible to carryout the work as per standards and all code
requirements. In case Engineer-in-Charge feels that contractor’s QA/QC Engineer(S) are incompetent or insufficient
contractor has to deploy other experienced Engineer(s) as per site requirement and to the full satisfaction of Engineer-In-
Charge.

In case contractor fails to follow the instructions of Engineer-in-charge with respect to above clauses, next payment due
to him shall not be released unless and until he complies with the instructions to the full satisfaction of Engineer-in-charge.

14. TEST AND INSPECTION OF WORKS

The Contractor shall carry out the various tests as per direction of Engineer-in-Charge either on field or
outside/laboratories concerning the execution of work and supply of the material by contractor. All the expenses shall be
borne by the contractor and shall be considered as included in the rates quoted. The inspection shall be done by the
following agencies:

(a) Representative deputed by Engineer-in-charge


(b) Representative deputed by Statutory Authority

Contractor shall give prior notice sufficiently ahead of time to the Engineer-in-charge and also to the authorities to
conduct inspection/to witness such tests.

The work is subject to inspection at all times by the Engineer-in-Charge. The Contractor shall carry out all instructions
given during inspection and shall ensure that the work is being carried out according to the technical specifications of
this tender, the technical documents and the relevant codes of practice furnished to him during the performance of the
work.

The Contractor shall provide for purpose of inspection access ladders, lighting equipment for testing and necessary
instruments etc. at his own cost including Low Voltage Lighting equipments for tray fixing and inspection work.

Compressed air for carrying out works shall be arranged by the contractor at his own cost. Any work not conforming to
the execution drawings, specifications or codes shall be rejected forthwith and the Contractor shall carryout the
rectifications at his own cost.

All results of inspection and tests will be recorded in the inspection reports, proforma of which will be approved by the
Engineer-in-Charge. These reports shall form part of the completion documents.

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For materials supplied by Owner, contractor shall carryout the tests, if required by the Engineer-in-charge and the cost
of such tests shall be reimbursed by the Owner at actuals to the Contractor or production of documentary evidence.

Inspection and acceptance of the work by the Engineer-in-charge shall not relieve the contractor from any of his
responsibilities under this contract.

15.LAND FOR RESIDENTIAL ACCOMMODATION

Contractor shall arrange land for residential accommodation for his staff and workers at his own cost and the quoted
price shall be deemed to include the same.

16.FUEL REQUIREMENT OF WORKERS/TRANSPORT

Contractor shall be responsible to arrange at his own cost for the fuel requirement of his workers and staff, cutting of
trees etc. shall not be permitted for his purpose. To and fro from place of residence are also included in Price.

17. REGISTRATION UNDER STATE GOVT. SALES TAX ACT/Service tax etc: Refer GCC, Commercial
terms.

18. CONSTRUCTION EQUIPMENT

The Contractor shall without prejudice to his overall responsibility to execute and complete the work as per
specifications and Time Schedule, progressively deploy adequate equipments and tools and tackles and augment the
same as decided by the Engineer-in-Charge depending on the exigencies of the work so as to suit the construction
schedule. The tenderer shall submit a list of construction equipments he proposes to deploy for the subject work
alongwith deployment schedule. No construction equipment shall be supplied by the Owner Unless, otherwise
specified. Tenderer to ensure deployment of suitable cranes/required equipment and take all safety
precautions during execution of work. Refer SCC for clear terms.

19. SITE ORGANISATION

The tenderer shall submit the details of organisation proposed by him at site of work for the implementation of the works
under the contract, together with bio-data of the key personnel. The contractor shall however without prejudice to his
overall responsibility of execute and complete the works as per specifications and time schedule progressively deploy
adequate qualified and experienced personnel together with skilled/unskilled manpower and augment the same as
decided by Engineer-in- Charge depending on the exigencies of work to suit the construction schedule without any
additional cost to owner.

20. ISSUE OF WORK ORDER/LOI

Work order for the awarded work shall be issued after award of works, which is intimated to the successful tenderer
by a Fax/Telegram/Telex/Detailed letter of intent. Until the final contract document/W.O is prepared and executed, this
tender document together with annexed documents, modifications, deletion, agreed upon by the Owner and the
Tenderer's acceptance thereof shall constitute a binding contract between the successful tenderer and the owner based
on the terms contained in the above said documents and the finally submitted and accepted price schedule.

The Work order shall consist of the following :


(a) Fax/telex/Telegram of Intent, if issued.
(b) Detailed Letter of Acceptance alongwith its enclosures
(c) Original tender document with its enclosures
(d) Agreement on Stamp paper, at MRPL discretion.

The statement of agreed deviation shall be prepared based on the final terms and conditions and shall be enclosed
alongwith Letter of Acceptance and all correspondence and minutes of meeting held between the owner and the
tenderer prior to the issue of Telex/Telegram of Intent shall be treated as NULL AND VOID . Any deviation or
stipulation made and accepted by the owner after the award of jobs shall be treated as amendments to the contract
documents.

21. PROVIDENT FUND

The Contractor should strictly comply with the provision of the Employees Provident Fund Act.

(a) Obtained licence under Contract Labour (Abolition and Regulation)Act 1970

(b) P.F. Registration Number allotted to them by RPFC.

(c) The agencies should promptly deposit P.F. deduction of the eligible contract employees plus the employers
contribution to the RPF. For this purpose agency must submit a certificate in their Bill that PF amount has been
deducted from the eligible employees and alongwith the employers contribution has been deposited with RPFC. In
support of this the agency must furnish the challan / receipt for the payment made to RPFC for the earlier months.

If the certificate and the challan / receipt are not furnished, the Finance & Accounts Dept. of Owner will deduct 16%
(Sixteen Percent) of the amount of the Contractor’s bill and retained deposits may only be refunded to the
contractor on production of the Challan / receipt.

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22. ROYALTY

All royalties etc., as may be required for any Borrow Areas including right of way et. to be arranged by Contractor shall
be deemed to have been included in the quoted prices.

Contractor’s quoted rate should include the royalty on different applicable items as per the prevailing State Government
rtes. In case, owner is able to obtain the exemption of Royalty from the State Government, the Contractor shall pass on
the same to owner for all the items involving Royalty. Any increase in prevailing rate of Royalty shall be borne by the
Contractor at no extra cost to the Owner. The contractor should indicate the rate of Royalty considered in their offer.

23. MODVAT/Service tax set-off Benefits.

It is to be noted that the agency shall be required to submit the documentary evidence(s) for Excise duty paid by them to
the concerned authorities for Owner to claim MODVAT benefit.

Necessary invoice indicating Ex-works Excise duty paid shall be raised to enable Owner to claim MODVAT. Payment shall
only be made as per the payment terms indicated in the tender against RA bills. The above details of Excise duty paid shall
be submitted with each RA bills.

Same as applicable for payment of Service tax and availment of service tax set-off benefits.

24. PUTTING UP OF BUILDINGS ON PROJECT SITE-If applicable

The contractor shall put up temporary structures as required by him for his office fabrication shop and stores only on the
area allocated to him on the Project Site. No tea stalls/canteens should be put up or allowed to be put up by contractor in
plant area without written permission of the owner.

No Person other than authorised watchman shall be allowed to stay in the plant area after completion of the days work
without prior written permission of the Engineer-in-charge.

25. CONSTRUCTION POWER & WATER (If APPLICABLE)

(a) CONSTRUCTION POWER : As per SCC


(b) CONSTRUCTION WATER : As per SCC

26. INSURANCE

Owner shall at its own cost and expense take out from a suitable insurance company and maintain the following
insurances, which shall be

Erection All risks Insurance (EAR) or Contractor's All Risks Insurance (CAR)

The OWNER at his own cost has taken an "all risk" type insurance policy. These policies apply only to insurance risks at
site and to no other location. The CONTRACTOR shall be solely liable in the event of his and/or SUBCONTRACTOR's
having caused any loss or damage of any nature arising out of or in connection with the execution of the WORK not
covered under those policies and shall indemnify the OWNER and /or his representative in respect of any claim in
respect of any such loss or damage. The CONTRACTOR shall make himself fully familiar with the terms of the said
policies and take such additional insurance as he may deem necessary at his own cost.

27. CONTRACTOR- FURNISHED INSURANCE

CONTRACTOR shall at his cost and expense take out from a suitable insurance company acceptable to owner and
maintain for the entire period until ACCEPTANCE OF WORKS or until such time thereafter as the CONTRACTOR may
consider appropriate the following insurances.
(1) Workmen's Compensation Insurance (WCI)
This insurance shall confirm to and satisfy all the requirements of the applicable laws and regulations of the
country, state territory or province having jurisdiction over the CONTRACTOR 's employees engaged in the
WORKS.
(2) Employer's Liability Insurance (ELI)
The insurance shall cover the liability of the CONTRACTOR as employer, for compensation beyond the coverage of
the Workmen's Compensation Insurance for bodily injury to or loss of life the CONTRACTOR's employees while
engaged in the WORKS.
(3) Third Party Liability Insurance (TPL)
This insurance shall cover legal liability for bodily injury to loss of life of and/or damage to and loss of properties
of the third person party arising out of the performance by the CONTRACTOR of the works.
(4) Automobile Liability Insurance (ALI)
This insurance shall cover all the CONTRACTOR's liabilities in connection with use by the CONTRACTOR for the
WORKS of any mobile equipment and automobile and when used which are owned, non-owned hired and
otherwise placed under the CONTRACTOR's administration and control, for bodily injury to loss of life of and/or
property damage of any person or party.
(5) Movable All Risks Insurance (MRI)
This insurance shall cover the damage to and/or loss of the CONSTRUCTION EQUIPMENT including watercraft
and aircraft and further including the CONTRACTOR's TEMPORARY WORKS, owned, non-owned, hired or
otherwise placed under the CONTRACTOR's administration and control with the full replacement value coverage
for each and every occurrence.

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(6) Other Insurance
Other insurance which shall be necessary or which the CONTRACTOR deems necessary for proper performance of
the WORKS e.g.
− Overseas (and/or Domestic) Travellers’ accident Insurance.
− Burglary Insurance
− All Risks marine cargo Insurance for the CONTRACTOR's CONSTRUCTION EQUIPMENT, tools and machinery,
and for equipment and materials that the CONTRACTOR's TEMPORARY WORKS and that the CONTRACTOR
under the CONTRACT may supply for the WORKS and/or the PERMANENT WORK and
− Fidelity Guarantee Insurance
The CONTRACTOR agree that the provisions of this Clause shall to the extent as appropriate, be apply all the
contracts that may for the WORKS be entered into by and between the CONTRACTOR and the respective
SUBCONTRACTORs and unless the CONTRACTOR furnished insurance called for by the CONTRACT are good also
for the SUBCONTRACTORs their properties and/or their liabilities in connection with the WORKS the
CONTRACTOR shall include in such contracts as aforementioned the requirements for insurance conforming to
this clause.
Inclusion of such insurance requirements in such contracts as aforementioned however, shall not release the
CONTRACTOR from any of his responsibilities and liabilities under the CONTRACT.

28. RECOVERY OF SUMS DUE


Whenever any claim against the CONTRACTOR for payment of a sum of money arises out of or under the contract, the
Owner shall be entitled to recover such sums from any sum then due or which at any time thereafter may become due
from the contractor under this or any other contract with the Owner and should this sum be not sufficient to cover the
recoverable amount the Vendor shall pay to the Owner on demand the balance remaining due.

29. DIFFERENCE IN MEANINGS/TERMS.

In case of any difference of any of the terms and conditions either in the meaning or understanding or contradictory
terms or conditions at different places/portions in this document, the more stricter terms favouring MRPL will apply.
The bidder shall also seek clarifications on such issues from MRPL before submission of the quotes.

30. VERIFICATION OF CHARACTER AND ANTECEDENTS OF CONTRACTUAL MANPOWER

In all contracts involving deployment of contractor's manpower within MRPL premises like Plants and Offices
etc. the contractor shall submit the following documents to MRPL prior to start of work.

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

II. Undertaking from the contractor that they have scrutinised the previous working of the person(s)
proposed to be deployed by them and there is nothing adverse as regards his / her character and
antecedents.
III. Alongwith the above mentioned undertakings, the contractor will provide certified photocopies of police
verification certificate for inspection by the authorised representatives of MRPL. The contractor has to
obtain Police Verification Report (Signed by an officer equivalent to DSP rank or higher) from the area
where the person(s) to be deployed has / have been residing since the last five years. In case the
person concerned has not resided at a place for five years at a stretch, Police verification reports should
be obtained from that area where the person(s) has / have stayed earlier.

IV. The contractor shall ensure at the time of submitting their final bills to the EIC, that it is accompanied by
a NOC from Security Dept., MRPL, for having surrendered all Photo passes and Bio-Metric cards issued
by MRPL. If any Pass and Bio-Metric Cards are not surrendered even after the completion of job /
contract, the contractors are liable to pay a fine of ` 100/- for every unsurrendered pass and ` 55/- for
every Bio-Metric card (These fine amounts are subject to revision by Security Dept., MRPL, from time to
time.

31. The tender terms/ conditions as per SCC (Special conditions of the contract) Supercedes all
similar terms prescribed under GCC./ Other Conditions of Contract (OCC).

32. Please refer to SCC for solvency certificate , Defect liability period, Retention money
etc that may be applicable to the tender.

Other Conditions of the Contract (Continued)

1. Statutory Requirements/ Safety related aspects- (as applicable).

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a) This shall be read in conjunction with the MRPL General Conditions of Contract, Special Safety Precautions to be
taken by the Contractors working in Operating Refinery, Specification of Work, Drawing or any other document
forming part of this contract wherever the context so requires.
b) Contractor shall be responsible for the safety and health of all his employees.
c) All Liabilities under IE rules 1956/labour laws, insurance on account of this contract for personnel/labour shall
be done by the contractor. Engineer In-charge in co-ordination with P&A dept will be ensuring that all these
statutory requirements pertaining to labour and safety is complied by the Contractor during the execution of the
said contract. Workmen employed by the contractor are required to comply with/maintain the following under
contract labour (regulation and abolition) act and also make it available for the inspection by GM (P &A).
• Workmen register
• Attendance register
• Wage register (payment to be made strictly as per minimum wages act)
• Work commencement certificate from labour commissioner and labour license if required
• Insurance cover towards temporary disablement and permanent disablement for the workmen
• PF Contribution -As per PF act the contractor has to obtain separate code for the PF of their employee from the PF
commissioner/MRPL. Details of payment of PF for the wages disbursed by the contractor to the workmen shall be
submitted to GM (P & A) periodically.
d) The contractor should give an Undertaking that he has gone through all terms and conditions of MRPL General
Conditions of Contract and all terms and conditions are agreeable to them.
e) Contractor shall ensure strictly all Safety Precautions to be taken in an Operating Refinery. “Special safety
precautions to be taken by the contractors working in operating refinery” is ro be taken from Engineer Incharge.
f) Contractor shall ensure that all workmen entering refinery premises are provided with valid photo gate passes
and to be produced on demand by each workman.
g) The Contractor shall submit the Bio-data of all the employees including the Supervisor to the Engineer-in-charge
before taking up the job. Only those employees whose Bio-data are approved shall be allowed to work inside
the Refinery Complex. The personnel engaged by the Contractor shall maintain good conduct and discipline
commensurate with Industrial standard. If in the opinion of the Engineer-in-charge any of the personnel have
not maintained good conduct and discipline, the Contractor shall remove such personnel immediately from MRPL
premises and provide alternate personnel.
h) The Contractor shall make his own transport arrangements/stay and food for their personnel during normal
duties as well as extended duties and no company transport shall be provided to the Contractor.
i) The Contractor shall make himself fully conversant with the locations and the type of job to be carried out.
j) House keeping of the workplace shall be done strictly by the Contractor on daily basis or as required by the
Engineer-in-charge. Contractor to collect all debris/ scrap and dump at designated Scrap Yard within the
Refinery.
k) The Contractor shall prepare plan for executions of jobs and get the same approved by the Engineer-in-charge.
The Contractor shall submit progress report at specified intervals and shall be responsible to ensure the
specified progress.
l) The Contractor shall ensure that day’s work planned by MRPL Engineer-in-charge is completed on the same day.
In case of backlog, the Contractor to increase the manpower or equipment resources to ensure timely
completion of the job.
m) The Contractor shall ensure good workman-ship in all the jobs carried out. Any defects found in the completed
jobs shall be rectified by the Contractor free of charge to the satisfaction of the Engineer-in-charge.
n) If at any stage of the work, the progress of the Job is found unsatisfactory, MRPL reserves the right to carry out
the remaining portion of the Job by hiring the services of the other agencies and charge the cost of such
services to Contractor’s account. In case of any disputes MRPL’s decision will be final & binding.
o) The work to be carried out in a manner so as not to cause damage to the surroundings. Damage if caused
during carrying out the Job has to be made good by the Contractor at no extra cost to MRPL.
p) No Extra Bill or Claim for extra work or supply of material will be entertained unless undertaking of such extra
work/supply of material has been authorised by MRPL in writing.
q) MRPL reserves the right to terminate the Contract without assigning any reason at any time during the validity
of the Contract period.
r) Bills shall be submitted to Accounts Dept. on any working day duly certified by the Engineer-in-charge after
completion of work.
s) MRPL reserves the right to award the job in full or in any combination of the items as felt convenient.

2. SPECIAL SAFETY PRECAUTIONS TO BE TAKEN BY CONTRACTORS WORKING IN AN OPERATING REFINERY.


1. SMOKING/use of cell phones INSIDE THE REFINERY IS STRICTLY PROHIBITED. Contractor shall
ensure that all workmen employed do not smoke inside the refinery premises. Workmen shall not strike any arc

16
or light naked flame without valid permit. They will not be permitted to bring in any flammable materials or
matches while entering the refinery premises.
2. Contractor shall ensure that valid permits are available for doing the work. Contractor shall not start or
continue any type of work without the valid permit.
3. The contractor shall strictly adhere to all conditions and safety precautions mentioned in the work permits.
MRPL reserves the right to cancel any work permits issued, without assigning any reason.
4. Contractor should ensure that all workmen being employed inside the Refinery premises have undergone “Fire &
Safety Training Program” conducted by MRPL from time to time.
5. The contractor shall ensure that their men do not tamper with the facilities in operation. They shall not operate
any Valves/ Switches etc. unless specifically directed to do so by Engineer-in-charge.
6. All contract men shall wear Safety Helmets & Safety Shoes & medically fit to carry out such jobs. They will not
be permitted to enter operation unit area without wearing safety helmet & safety shoes.
7. Depending upon the nature of the job, contract men shall compulsorily wear Personal Protection Equipment
such as Hand Gloves, Safety Belt, Face Shield, Goggles, Boiler Suit. However other than the above, special PPE
if required for the job will be supplied by MRPL on returnable basis.
8. Contractor shall instruct his workers to stop all jobs immediately in case of fire alarm. Further they must leave
the work site and proceed towards the designated areas like, the central control room in case they are working
in the Upper Plateau and OM & S Building if in Lower Plateau. (Except during testing of the Fire alarm at
13.00Hrs every Saturday.)
9. Contractor shall instruct his workers to stop all jobs immediately incase release of liquid/ gas/toxic/hazardous
chemicals etc, and inform the concerned MRPL personnel available at site.
10. The contractor shall ensure that his workmen do not move around freely inside refinery premises other than the
assigned place of work & also do not sleep anywhere inside refinery premises.
11. Consumption of intoxicating preparation or attending duty under the influence of such products is Strictly
Prohibited.
12. The personnel engaged by the Contractor shall maintain good conduct and discipline commensurate with
Industrial standard. If in the opinion of the Engineer-in-charge any of the personnel have not maintained good
conduct and discipline, the Contractor shall remove such personnel immediately from MRPL premises and
provide alternate personnel.
13. Contractor’s Vehicles/Engines and permitted type of electrical equipment & tools that are to be used inside
operating units are to be certified by competent authority.
14. MRPL may suspend work at any time or terminate the contract for a pattern of frequent failure to
adhere to Safety Laws, Regulations & Onsite-Safety Procedures.

Appendix I

Attachment to BEC/Technical bid

17
MANGALORE REFINERY & PETROCHEMICALS LIMITED
Technical/commercial bid-Qualifying Criteria

STATEMENT OF CREDENTIALS

Tenderers should fill their technical offer by providing all information as follows(If not applicable- Please mention as
‘N/A’) ;

1. Name of the Firm

2. Nature of the Firm


(State whether Limited Company, partnership Firm,
Co-op. Society or Sole Proprietor, Photocopies of
documents Confirming constitution of the firm to be Enclosed)

3. Year of Establishment

4. Registration Number, if any

5. Registered Postal Address

6. Telegraphic Address, if any

7. Telephone No. (s)

8. Fax No. (s), if any

9. E-mail ID, if any

10. Address of Branches, if any

11. Name of Directors/ partners / Proprietor ( as The case may be) with address & Telephone No.(s).

12. Permanent Income Tax No.

13. Last Income Tax Clearance (Attach Photocopy)

14. Sales Tax Registration(state/vat/cst)

15. Excise Registration

16. Name of Bankers & Branch with full address

17. Type of Account & A/C No.

18. Name (s) of Authorised Representatives (s)


Note : Power of Attorney signed by the Director(s)/

19. Partners / Proprietor in favour of the authorized


Person signing the tender documents must
be enclosed

20. Type of job in which engaged as independent


manufacturer . contractor

21. Maximum value of the Job the


Contractor/ manufacturer is capable of
Handling per year. ( Furnish details of your
Financial standing together with the Bank
References and necessary Solvency certificate
From their banker (Nationalised) as per Bank’s
Format).

22. Were you associated with MRPL in any


Other contract in the past

23. Are you currently having any contract with MRPL

24. Are you on the approved list of other Oil


Cos/ Public Sector Undertakings / govt.
Dept. Etc. If so, furnish true copies of
Certificates certifying your performance

18
25. Please confirm that you have qualified/
trained / experienced staff on your payroll
to handle this job

26. Furnish Audited Balance sheet for last 3


Years ending previous finanicial year.

27. Details of technical collaboration. Please provide


Documentary support (Xerox copies ) if any and
the brief experience of the parties

28. Confirmed that for acceptance of the Security Deposit

29 Brief Description of the job methodology/Quality Assurance :

30 Details of Testing methods and equipments that will be made available.

31. Details of your Past Experience in the country (India) in this nature of job.

32. Whether the bidder is put on Holiday list of any of the PSU.
(If sought later, an affidavit to be produced later to MRPL.)

Note:The Bidder to fill up the above and enclose alongwith Technical Bid.

Appendix-II

A. Declaration regarding relations with any of the MRPL Directors

Details , if any shall be provided by the bidder.

B. Declaration regarding whether the bidder being a Proprietor or Partner of the Company and
employed in State/Central/Quasi Govt/OR public sector/or any other Government Institution.

Details , if any shall be provided by the bidder.

Any false information will be liable for severe action like Cancellation of the Order, Forfeiture of Security deposit
including Black listing of the Bidder Company in all ONGC /MRPL establishments.

SIGNATURE OF THE BIDDER WITH SEAL

SPECIAL CONDITIONS OF CONTRACT

19
1. Introduction
Mangalore Refinery and Petrochemicals Limited (MRPL) intend to engage the services of an
inspection agency to carry out Non-Destructive testing inspection at its refinery in Mangalore.

2. Scope of Work
Penetrant testing of the entire internal surface of 03 Reactors. Total surface area will be around
750sq.m for three reactors. The inspection will be carried out in confined space. The total height
of the reactor is around 31m. Access to the Reactor is through rope ladder from the top of the
Reactor.

3. Work Order Validity, Schedule of Inspection and Manpower Requirement

3.1 Work Order Validity


The work order shall be valid for one year, from 01.08.2017 to 31.07.2018. The work order
shall be extendable for one more year with the same quantity, rate, terms and conditions at
the discretion of MRPL.

3.2 Schedule of Inspection


The inspection is envisaged during the shutdown of Hydrocracker unit in August-September
2017 and will tentatively start in the third week of August 2017. The exact date of
commencement of inspection shall be communicated by the Engineer-In-Charge (EIC) and
an advance notice of 15 days shall be provided for mobilization at site.

In case of an emergency, MRPL reserves the right to request the services of the inspection
agency at a short notice. It is expected that the bidder be able to deploy the inspection
personnel on such occasions. Failure to do so in two (or more) occasions may lead to
termination of the contract.

3.1. Manpower Requirement


Currently it is envisaged that a total of 16 inspection personnel would be required for around
30 days. The number of inspection personnel and the number of days may vary depending
upon the requirement.

4. Minimum Qualifications/Experience of Inspection Personnel/Inspection Agency


The inspection personnel to be deployed, shall have a valid Level-2 certificate in
Penetrant Testing with a minimum of six months of post qualification experience in NDT
inspection in the field of Hydrocarbon sector like Refineries, Petrochemicals, Fertilizers,
Oil & Gas Processing plants.

The inspection personnel proposed for deployment shall be medically fit for carrying out this nature
of job. A medical fitness certificate from an authorized medical practitioner shall be submitted for
each of the inspection personnel proposed for deployment at the time of mobilization.

The bidder should have experience in carrying out similar works in the field of Hydrocarbon sector
like Refineries, Petrochemicals, Fertilizers, Oil & Gas Processing plants.

5. Work Timings
Work shall be carried out 12 hour day/night shifts.

20
6. Payment Terms
Payment shall be on Man-day basis. The man-day rate shall include all charges. No other payment
other than the man-day rate shall be admissible.

Table 1
Unit Total
Item Description U.O.M.* Quantity Rate Amount
1 Non Destructive Testing Services Man-days 500

*U.O.M.: Units of Measurement

7. Scope of Supply of the Inspection Agency


• Food and accommodation for the inspection personnel
• Transportation for the inspection personnel to and from Mangalore, to and from MRPL
and inside MRPL.
• Personal Protective Equipment (PPE) like Safety Helmet, Industrial Safety Shoes, Safety
Harness, Hand Gloves etc.
• All activities pertaining to gate pass, safety training and other necessary formalities in
MRPL.

8. Scope of Supply of MRPL


• Necessary work permits
• Safe access to carry out inspection
• Equipment data/drawings
• Office space and desktop computer during office hours

9. Miscellaneous
The inspection agency shall ensure that all its inspection personnel adhere to MRPL work permit
system, security rules, safety procedures and any other requirements/rules/procedures intimated
during the course of execution of the contract.

In all cases and in all matters concerning the contract, the decision of the EIC shall be final and
binding on the contractor.

Mangalore Refinery and Petrochemicals Limited


(A subsidiary of Oil and Natural Gas Corporation Limited)

21
Instructions to Bidders: Complete all the Highlighted Cells before submission
Tender No:
Tender
Description :

Name of Tenderer :

Service
Item Unit Rate in
Sl Description of items UOM Qty Tarrif Code Amount in INR
Code INR
*
1 0.00
2 0.00
3 0.00
4 0.00
5 0.00
6 0.00
7 0.00
8 0.00
Total Amount (Rs.) excluding GST 0.00
GST 0.00
Total Cost after GST 0.00

#NAME?

22
Mangalore Refinery and Petrochemicals Limited
(A subsidiary of Oil and Natural Gas Corporation Limited)

Unpriced Bid Format and Declaration Form for Commercial Evaluation


Instructions to Bidders: Please Complete all the Highlighted Cells before submission
Un Priced Bid Format
Tender No:
Tender Description :
Name of Bidder :

Quotation Ref. No. :

A Technical Acceptance
1 Technical Specifications

2 Technical Deviations

B Tender Terms
Quotation Validity from the Bid
1
Closing Date in days

2 Payment Terms

3 Price Reduction Schedule (PRS)


4 Security Deposit
5 Defect Liability Period
6 Price Variation Firm till completion of Work
7 Commercial Terms

8 Commercial Deviations

C Taxes to be indicated same as indicated in priced bid & same will be considered for Evaluation
1 GST
D Company Details

Company Name and Address on


1
which Order to be placed on

2 PAN Number
3 Vendor type as per GST Act
4 GST Registration No.

23
5 Registered address as per GST No.

E Details of MSME

Micro and Small Scale Vendors


1 having valid MSE certificates issued
by MoMSME

We hereby declare that all the documents /


information submitted are true. In case any of
F Undertaking
the documents / information submitted are
found to be false or untrue in future, MRPL
reserves right to take necessary action.
NOTES:
1. This is mandatory format to be filled in all rows by bidder. This format supersedes bidders commercial terms given
elsewhere in the offer and any other format/details given by the bidder will be treated as null and void.
2. Evaluation shall be done on Landed Cost including taxes. The basic Prices/Quoted shall not include the taxes under
GST.
3. Vendor shall give the STC (Service Tariff Code) for the services quoted along with technical bid.

Tender No:
Tender Description :
Service Tarrif Code
Sl Item Code Description of items GST *
*
1
2
3
4
5
6
7
8

*Bidder shall fill the applicable Service Tariff Code (STC) and Applicable GST against each of the item

24
Section IV
Format X
PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT
To be executed on Non Judicial Paper Rs.100/- (Rs.One hundred only) as per Karnataka
Stamp Act

Guarantee No. :
Date of Issue :
Date of Expiry :
Date of Expiry of Claim Period :
Value of Bank Guarantee : Rs._____

M/s.Mangalore Refinery and Petrochemicals Limited,


Kuthethoor P.O., Via. Katipalla
Moodapadav, Mangalore-575 030
Karnataka, India.

This Guarantee executed at ………………(place of execution) on this ……………………………..,


2017 by __________(BANK), having its branch office at______________________, and its Head
Office at ________________, (hereinafter referred to as "the Bank") which expression shall unless
repugnant to the context or contrary to the meaning thereof, include its successors and assigns for
the benefit and in favour of Mangalore Refinery and Petrochemicals Limited, a Company
incorporated in India, having its Registered Office at Kuthethoor P.O., Via. Katipalla, Mangalore-575
030 Karnataka, India (hereinafter referred to as “the Purchaser”) which expression shall unless
repugnant to context or contrary to the meaning thereof, include its successors and assigns

WHEREAS the Purchaser has placed a Purchase Order (hereinafter referred to as “the Purchase
Order”) No._________Dated_________ for Rs.__________ (Rupees _______________________
Only) with M/s.__________________________________ (hereinafter referred to as “ the Seller”)
which expression shall unless repugnant to the context or contrary to the meaning thereof, include its
successors and assigns.

AND WHEREAS BANK has at the request of the Seller agreed to issue in favour of the Purchaser
a guarantee in the manner hereinafter appearing which the Purchaser has agreed to accept.

NOW THIS GUARANTEE WITNESSTH AS FOLLOWS:


1. In pursuance of the Purchase Order and in consideration of the Purchaser agreeing to accept
SECURITY DEPOSIT @ 10% of the Purchase Order value from us, we, BANK hereby guarantee to
the Purchaser due observance and fulfillment by the Seller of the terms and conditions of the
Purchase Order and the Performance which is a part of the Purchase Order and agrees to undertake
that if the Seller fails to observe and fulfill the terms and conditions of the Purchase Order and /or the
Performance , then, BANK shall immediately pay to the PURCHASER on demand such sum or sums
of money to the extent of Rs.______ (Rupees___________________only) being the _______% value
of the Purchase Order on account of non fulfillment by the Seller as aforesaid and shall also
indemnify the Purchaser against all losses and damages which may be suffered by the Purchaser as
aforesaid and also against all costs, charges, expenses which may be suffered by the Purchaser in
connection with and/or arising out of or touching upon the Purchase Order BANK shall pay the said
amount without any demur or protest merely on demand from the Purchaser and without recourse to
the Seller and/or other Authorities. The decision of the Purchaser as to whether the terms and
conditions of the Purchase Order have been observed or not, shall be final and binding on the
BANK.

25
2. This guarantee is a continuing one and shall not be revocable except with the previous written
consent of the Purchaser and save as aforesaid it will continue in full force and effect until the Seller
has maintained the Schedule of Delivery as per the Purchase Order and observed and fulfilled the
said Performance Warranty and all other terms and conditions of the Purchase Order.

3. The Purchaser may without affecting BANK's liabilities and obligations hereunder, grant time or
enter into other indulgence or compound with the Seller or enter into any agreement or agree to
forebear or to enforce any of their terms and conditions of the Purchase Order against the Seller or
agree to vary any of the terms and conditions of the Purchase Order.

4. This guarantee shall not be affected by any change in the constitution of the Purchaser or the Bank
or the Seller and shall remain in full force and effect until the liabilities of the Bank are discharged by
the Purchaser.

5. For the purpose of giving effect to this guarantee, the Purchaser is entitled to act as if BANK were
the Principal Debtor and the BANK hereby waives all and any of its rights of suretyship.

6. This guarantee shall continue to be in force notwithstanding the discharge of the Seller by
operation of law and shall cease only on payment of full amount hereby secured by BANK to the
Purchaser and also the claim of the Purchaser against the Seller in respect of the Purchase Order is
fully satisfied.

7. This guarantee issued by BANK shall be in addition to and not in substitution of any other
guarantee or security given or to be given by the Seller to the Purchaser in respect of the Purchase
Order.

8. This guarantee is valid upto ……………….(Date of expiry) and BANK shall be released and
discharged from all liabilities hereunder unless a written claim/demand for payment under this
Guarantee is lodged on us on or before ………………. (Date of expiry of claim) irrespective of
whether or not the original guarantee is returned to us

9. Demand or claim or hereunder shall be deemed effective when served by hand or sent by
Registered post to BANK, addressed as aforesaid.

10. The validity of the guarantee shall be extended upon request by the Seller from time to time.

11. These presents shall be governed by and construed in accordance with the Indian Law.

12. BANK hereby declares that it has the power to issue this guarantee and the undersigned is/are
fully authorized to sign and execute the same vide Power of Attorney dated…………….. issued to
me/us by the Bank.

NOTWITHSTANDING ANYTHING CONTAINED HEREINABOVE:


Our liability under this guarantee is restricted to Rs._________ (Rupees
_________________________ Only)
This guarantee shall be valid upto ________2017 (Date of expiry) and We are liable to pay the
guaranteed amount or any part thereof under this guarantee only and only if you serve upon us a
written claim or demand on or before ________2017 (3 months from the date of expiry)

SIGNED AND DELIVERED for and on behalf of the above named.

26
Format XI

PROFORMA OF BANK GUARANTEE FOR EMD

To be executed on Non-Judicial Paper of Rs.100/- (Rs. One hundred only) as per Karnataka
Stamp Act.

BANK GUARANTEE

In consideration of M/s Mangalore Refinery And Petrochemicals Ltd., registered under the
Companies Act, 1956, having its Registered Office at Kuthethoor P.O., Via Katipalla, Mangalore-
575030, hereinafter called “MRPL” which expression shall, unless repugnant to the context or
contrary to the meaning thereof, include its successors and assigns having invited / floated Tender
to_______________________________________________________Proprietorship / Partnership
Firm / Company registered under the Indian Partnership Act, 1932 / the Companies Act, 1956,
having its office at___________________________________________________, (hereinafter called
“the Tenderer” which expression shall, unless repugnant to the context or contrary to the meaning
thereof, include its successors and assigns vide Tender No._____________ dated_______________
(hereinafter called “the Tender” which expression shall include any amendments / alterations to the
Tender by MRPL for the supply of goods to / execution of services for MRPL and MRPL having
agreed not to insist upon immediate payment of Earnest Money for the fulfillment and the
performance of the said Tender in terms thereof on production of an acceptable Bank Guarantee for
an amount of Rs.____________(Rupees_____________________only). We,______________
having office at________________________………….. and Head Office at
………………………………………. (hereinafter referred to as “The Bank” which expression shall,
unless repugnant to the context or contrary to the meaning thereof, include its successors and assigns
at the request and on behalf of the Tenderer hereby agree to pay to MRPL without any demur on first
demand an amount not exceeding Rs._______________(Rupees______________________only)
against any loss or damage, costs, charges and expenses caused to or suffered by MRPL by reason of
non-performance and non-fulfillment or for any breach on the part of the Tenderer of any of the terms
and conditions of the said Tender.
We___________further agree that MRPL shall be the Sole Judge whether the said Tenderer has
failed to perform or fulfill the said Tender in Terms thereof or committed breach of any of the terms
and conditions of the Tender and the extent of loss, damage, costs, charges and expenses suffered or
incurred or would be suffered or would be incurred by MRPL on account thereof.
We________Bank further agree that the amount demanded by MRPL as such shall be final and
binding on the Bank and the Bank undertake to pay to MRPL the amount so demanded on first
demand and without any demur notwithstanding any dispute raised by the Tenderer or any suit or
other legal proceedings including Arbitration pendings before any Court, Tribunal or Arbitrator
relating thereto and our liability under this guarantee being absolute and unconditional.
We,_______________Bank, further agree with MRPL that MRPL shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said Tender or extend time for the performance by the Tenderer from
time to time or to postpone for any time any of the powers exercisable by MRPL against the
Tenderer and to forbear to enfore any of the terms and conditions relating to the Tender and we shall
not be relieved from our liability by reason of any such variation or extension being granted to the
Tenderer or for any forbearance, act or omission on the part of MRPL or any indulgence by MRPL
to the Tenderer or by any such matter or things whatsoever which under the law relating to sureties
would but for this provision have the effect of relieving us.
NOTWITHSTANDING anything herein before contained, our liability under this guarantee is
restricted to Rs._________(Rupees________________________). Our liability under this guarantee
27
shall remain in force until expiration of 180 days from the date of opening of the said Tender. Unless
a demand or claim under this guarantee is made on us in writing within the said period, that is, on or
before____*___all rights of the Messers under the said guarantee shall be forfeited and we shall be
relieved and discharged from all liabilities thereunder.
We,__________Bank, further undertake not to revoke this guarantee during its currency except with
the previous consent of MRPL in writing.
7)This guarantee shall not be affected by any change in the constitution of the Tenderer or the Bank
or MRPL and shall remain in full force and effect until the liabilities of the Bank are discharged by
MRPL

IN WITNESS WHEREF the Bank has executed this document on this_________day


of__________2017.

For_________Bank

*Pl. mention/put specific date

28
PART II
(Section V)

PRICE BID FORMAT


Limited Tender N0.3300004812
Date: 05.07.2017

Sl Description of items UOM Qty. Rate(Rs.) Amount(Rs.) Service Tarrif Code * GST *
Non Destructive Test
1 MD
Services 500

Note: 1

1) Quoted rates shall be inclusive of all charges towards tools & tackles, consumables, all the expenses etc. Goods
Service tax extra at actuals as applicable.

a. Rates shall remain firm and fixed till execution of the entire contract.

b. All expenditure related to the scope of work to be included in the quote.

29

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