TD3300005988 PDF
TD3300005988 PDF
TD3300005988 PDF
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MRPL Tender No 3300005988 GCC, Rev-0
INDEX
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MRPL Tender No 3300005988 GCC, Rev-0
SECTION-A
NOTICE INVITING TENDER (NIT)
MRPL invites Bids from eligible bidders in complete accordance with the following details and
Tender document.
EMD (BG or DD) drawn in favour of MRPL Mangaluru, to be sent directly to Materials
Department, MRPL, Kuthethoor PO, Via Katipalla, Mangaluru. Please super-scribe on
envelope “EMD for Tender No……………….dated…………….”
11 Duration of Contract / The Contract will be valid for a period of One year from
Contract Period the date of placement of Order.
12 Purchase Preference for Applicable
Micro & Small
Enterprises(MSE)
13 Item(s) Splittable Not Applicable
14 Relaxation in PQC for Not Applicable
Start-up Companies
15 Offer Validity 90 from Bid closing Date
16 Price Reduction Clause Applicable
17 Security deposit Applicable @ 10% of the Order value
18 Defect Liability Not Applicable
19 Integrity pact Applicable
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MRPL Tender No 3300005988 GCC, Rev-0
20. Contact details – Indenter’s Name: Mr. Shaik Sultan Basha
A Technical Queries E-mail: [email protected] /0824-288 2337
Materials Department,
23 Address to submit the tender
Mangalore Refinery and Petrochemicals Ltd,
document (in case of
Mangalore -575030, Karnataka, India
Manual Tender)
(Please mention tender number on the envelop)
Bidders are requested to visit MRPL website http://mrpl.co.in regularly to keep themselves
updated. Any Revision, clarification, addendum, corrigendum, for replies to queries raised
during pre-bid meeting Time / Due date extension etc., (if any) , to this tender would appear
on the above websites only and & will not be published on any other Media /Press.
In case of E-Tenders, the Technical & Price Bid Formats should be downloaded, filled &
uploaded in the EPS portal (https://www.tenderwizard.com/MRPL).
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MRPL Tender No 3300005988 GCC, Rev-0
SECTION – B
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MRPL Tender No 3300005988 GCC, Rev-0
c. Experience of only the Bidding Entity shall be considered (In-house experience where for the
past experience referred for qualification, the contractor and the Owner belonging to the same
organization) shall not be considered as a valid experience for the purpose of qualification.
d. The bidder should not be under a black-list/ holiday list of any state/central government
department or undertaking (including PSUs). Bidder shall give a declaration to this effect.
e. Joint venture / Consortium bids shall not be permitted for this tender.
Note: Bidder is required to provide the following documentary proof in support of meeting Pre-
Qualification Criteria along with their technical bid:
1. Annual reports containing Audited balance sheets and Profit & Loss statement, in the first
instance itself, in support of their fulfilling the qualification criteria. (In case of audited annual
accounts for the financial year 2017-18 are not available, the provisional annual accounts duly
certified by Chartered Accountant to be submitted)
2. Bidder shall furnish documentary evidence covering similar work mentioned above, but not be
limited to :
i) Copies of work orders/ relevant pages of contract/SOR,
ii) Proof of Completion / completion certificate indicating value of work completed against
above order, from the Owner/ Consultant of work executed, in support of their fulfilling
the qualification criteria.
4. All documents furnished by bidder in support of meeting the experience criteria of PQC shall
be:
EITHER
“Duly certified by Statutory Auditors of the Bidder or a practicing Chartered Accountant (not
being an employee or a director or not having any interest in the bidder(s) company/firm)
where audited accounts are not mandatory as per law.
OR
“Duly notarized by any Notary Public in the bidders country.
5. MRPL reserves the right to complete the evaluation based on the details furnished without
seeking any additional information.
3. Offer sent without having the prescribed bidding document of MRPL, non-adherence to
technical / commercial terms & conditions, Unpriced bid and Price bid not in the prescribed
format, incomplete bids and bids with deviations to the tendered scope of work shall be liable
for rejection.
4. Non-compliance to any of PQC/BEC will be liable for rejection.
5. Bidders failure to enter into Integrity Pact as applicable for the Tender along with the bid duly
signed shall be liable for rejection.
6. If technical bid & price bid are submitted together.
7. Bids found to have been submitted with falsified/ incorrect information.
8. 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.
9. Consortium / Joint bids shall not be accepted.
10. Bidder to quote for all items enlisted in the BOQ, otherwise bid shall be rejected
1) The bidder should accept in Toto the Technical Specifications, Scope of Work and Scope of
Supply as given in the Tender with no deviation as per clauses of the Tender document.
2) Techno commercially acceptable bids will be evaluated on overall L-1 basis i.e. lowest landed
cost to MRPL.
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MRPL Tender No 3300005988 GCC, Rev-0
SECTION-C
INSTRUCTION TO BIDDER(S) (ITB)
INDEX
1.0 GENERAL
2.0 COST OF BIDDING
3.0 SITE VISIT
4.0 TENDER INSTRUCTIONS
5.0 CLARIFICATION REQUESTS BY BIDDER
6.0 CORRIGENDUM/ ADDENDUM/ CLARIFICATION
7.0 CONFIDENTIALITY OF BIDDING DOCUMENT
8.0 LANGUAGE OF BID
9.0 PREPARATION AND SUBMISSION OF BIDS
10.0 TENDERS INVITED THROUGH E-PROCUREMENT SYSTEM
11.0 TENDERS INVITED ON MANUAL MODE
12.0 PRICE / SCHEDULE OF RATES (SOR) / BILL OF QUANTITIES
13.0 BID CURRENCY
14.0 EARNEST MONEY DEPOSIT
15.0 PRE-BID MEETING
16.0 LATE BIDS
MODIFICATION AND WITHDRAWAL OF BIDS(APPLICABLE FOR E-
17.0 TENDERS ONLY)
18.0 BID OPENING
19.0 BID EVALUATION AND AWARD CRITERIA
20.0 REBATE
21.0 NOTIFICATION OF AWARD
22.0 UNSOLICITED POST TENDER MODIFICATIONS
23.0 CANVASSING
24.0 CONTACTING MRPL
25.0 COLLUSIVE BIDS
26.0 MULTIPLE/ALTERNATIVE BID
27.0 CARTEL FORMATION
28.0 CORRUPT AND FRAUDULENT PRACTICES
29.0 PUBLIC UTILITY SERVICE
30.0 INTEGRITY PACT
31.0 RAISING DISPUTES / COMPLAINTS
32.0 HOLIDAY LISTING POLICY
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SECTION – C
1.0 GENERAL:
1.1 Mangalore Refinery and Petrochemicals Limited (MRPL), a subsidiary of Oil and Natural
Gas Corporation Limited, is operating a 15.25 MMTPA fuels refinery at Mangalore. The
Refinery complex is integrated to Aromatic Complex and designed to produce 900,000 TPA
of Paraxylene.
1.2 The bidder is advised to read these instructions carefully and to ensure that his response
complies fully with the requirements of the tender. Failure to provide the information and
documents required by this Invitation to Bid may render the Bid to be unacceptable. Tender
should be submitted in the prescribed form supplied by the company only.
1.3 The bidder shall download the complete set of tender document from the owner’s website as
per the index of the tender, fully read, understand & compile the same as per the various
instructions contained herein and in “Instructions to Bidder”.
1.4 Every bidder must submit bid 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.
1.5 Bidders to note that Physical/ Hard Copy of the Tender Documents shall not be issued from
the office of Tender Inviting Authority. Any request in this regard shall not be entertained
under any circumstances.
9.5 Part I - Techno-commercial bid (Unpriced Bid) shall be submitted with all documents that
are called for
- Proof of eligibility, if any, (documentary evidence for turnover, Work order copies &
Satisfactory Completion certificate, etc). Please refer to Pre-Qualification Criteria/ Bid
Evaluation Criteria as per Section B.
- EMD as applicable.
- Statement of Credential, Vendor details, MSME/Start-up details
- Declaration of Banning / Black listing / Holiday Listing
- Declaration regarding relation with any of the MRPL Directors.
- Integrity pact if applicable.
- Deviation statements.
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- Declaration as per the format of ‘Undertaking by Bidders’ duly signed & stamped by the
bidder in token of having read and understood all the tender requirements and accept all
terms and conditions of the tender including all corrigendum / addendum / clarification
issued, if any.
- All pages of the Tender documents issued by MRPL shall be signed on all pages
including Corrigendum / amendment / addendum / Clarification if any and
submitted/upload along with the Technical Bid / attachment in EPS system.
- Un-priced ‘Priced bid’ copy indicating quoted items,
- Any other document(s) as applicable.
Note: 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.
Declaration as per the format of ‘Undertaking by Bidders’ duly signed & stamped by the
bidder in token of having read and understood all the tender requirements and accept all
terms and conditions of the tender including all corrigendum / addendum / clarification
issued, if any. In addition to this, all pages of the Tender documents issued by MRPL shall
be signed on all pages and submitted/upload along with the Technical Bid / attachment in
EPS system.
9.6 Priced bid (Part II) shall be submitted in the same format as mentioned/Included in the
Tender document. Otherwise, offer will be liable for rejection.
9.7 No assumption, stipulation, deviations from terms and conditions or presumptions, etc. shall
be made by the bidder while submitting the offer in the Price Part of the Tender. The
liability of obtaining all necessary clarity with respect to the tender, its technical aspects and
pricing shall be on the vendor. MRPL shall be under no obligation whatsoever to entertain
any tender bid which is based on any assumption, stipulation, deviations from terms and
conditions or presumptions, etc. and would have the option to reject such bid at their
discretion.
Support
Name Contact No. Email ID
Location
[email protected]
Mangalore Mr.DilipRanganath 0824-2882248 n
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blank / not quoted for all the items of the ‘Schedule of Rates / price bid’ shall be liable for
rejection.
12.9 For supply items under the scope of the Contractor supply, the rates quoted by the Bidder
shall be all inclusive for delivery of materials at site (F.O.R. destination basis). It shall
include Basic Cost, all applicable taxes, duties & levies, inspection charge, transportation
charges, transit insurance, auxiliary taxes, etc. as may be applicable. The consignee for
despatch of materials shall be the Contractor. However, the Contractor/ Supplier shall be
responsible for any incidental consequences arising out during the transit of materials up to
destination (site).
12.10 Prices quoted by the Bidders shall be strictly in the given price bid format. Prices should not
be clubbed with any of items in any way i.e. complete break up as suggested to be given
after each item for the materials and works covered under the scope of contract, otherwise
the bid may be considered as non-responsive.
12.11 Unless stated otherwise in the Tender Documents, the contract shall be for the complete
supplies, services and composite works as described in the relative scope of supplies,
services and composite works.
12.12 All Government circulars/ guidelines applicable on tender work would be enforced from
time to time and it would be binding on the part of the Bidder/Contractor to abide by the
same as per stipulations.
12.13 Price Bid shall not contain any conditions whatsoever. Any condition mentioned therein,
Price bid shall not be considered for evaluation.
12.14 Any incomplete bid in any of the above requirement shall be considered as non-
responsive and shall be summarily rejected without any reference whatsoever to the
Bidder.
12.15 Rates to be quoted in Figures & words:.
The price quoted by the Bidder shall be checked for arithmetic correction, if any, based on
rate and amount filled by the Bidder in the standard SOR / Price Bid format. If some
discrepancies are found between the rate / amount given in words and figures, the total
amount shall be corrected as per the following procedure, which shall be binding upon the
Bidder:
12.15.1 Prices shall be written both in Words and Figures. In the event of discrepancy between the
price in figures and words, the amount entered in words would be taken into consideration
for evaluation and finalization of the order.
12.15.2 When the rate quoted by the Bidder in figures and words tallies but the amount is incorrect,
the rate quoted by the Bidder shall be taken as correct and amount reworked.
12.15.3 When there is difference between the rate in figures and words, the rate which corresponds to
the amount worked out by the Bidder shall be taken as correct.
12.15.4 When it is not possible to ascertain the correct rate, in the manner prescribed above the rate
as quoted in words shall be adopted and amount reworked.
12.15.5 When Bidder has quoted only in figures and the amount written against the particular item
does not correspond to the rate written in figures, then the higher of the rates i.e. rate worked
out by dividing the amount with quantity and quoted rate in figures shall be adopted for
evaluation purposes and in the event such a Tender is determined lowest Tender, then lower
of the rates mentioned shall be considered to award of the works.
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12.15.6 When Bidder has quoted rates in figures and words but has not calculated the amount and the
total contract price, such Tenders shall be rejected forthwith without consulting the Bidder.
12.16 Bidder shall bear, within the quoted rates, income tax liability of both corporate and
Personnel as applicable in respect of their personnel and their sub contractor’s personnel,
arising out of this contract. Bidder shall also bear, within the quoted rates, the Corporate
Tax, as applicable, on the income arising out of this contract.
12.17 The rates quoted by the bidder shall be inclusive of all duties, taxes and levies etc, Central or
State or Local bodies, etc. except GST.
12.18 The rates stated in the Schedule of Rates shall not be subject to escalation on any account
whatsoever.
14.2 Earnest Money Deposit (EMD) of value mentioned above should be sent in a separate cover
to the following address;
Materials Department,
Mangalore Refinery & Petrochemicals Limited,
Kuthethoor P.O.,Via Katipalla,
Mangaluru- 575 030.
Super scribing tender number and bid submission date on the envelope. It should reach
positively on or before the bid due date and time. Otherwise, the bid will be liable for
rejection.
14.3 In case of bids invited through EPS, Bidders are also advised to scan the Draft/BG and
upload in EPS along with the technical bid document.
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15.0 PRE-BID MEETING :
15.1 Pre-bid meeting shall be held as per time & at the venue specified in the Tender Invitation.
In case pre-bid meeting information is not available in the Tender Invitation & the Owner
decides to have a pre-bid meeting to clarify any issues, necessary intimation with adequate
notice shall be posted on e-tendering portal.
15.2 Bidders can submit their queries through the e-tendering portal/e-mail one day prior to the
due date of Pre-bid meeting. The queries shall be replied during the pre-bid meeting or the
Owner will respond through the e-tendering portal to any request for clarification received
by the deadline for submission of queries.
15.3 Brief summary of the queries received through e-tendering portal, queries raised by the
attending tenderers during pre-bid meeting and the clarifications given by the Owner respect
thereof, as well as any further information which the Owner choose to furnish to the
tenderers, shall be posted on e-tendering portal in the form of Minutes of the Meeting or
Addendum, which shall form a part of the Tender Documents, unless otherwise specified.
15.4 The tenderer or their representatives with necessary authorisation letter can be present during
the Pre bid conference, if any.
15.5 If pre-bid meeting information is not available in the e-tender notice then the same shall not
be held.
18.1.2 For E-Tenders, Bidders can also witness bid opening by logging on to the E-Tendering
website through their system using their valid digital signature/certificate.
18.1.3 The bidder or their representative with necessary authorization letter can be present during
the technical bid opening in case of Manual tender.
18.1.4 During the opening of Un-priced Part (Part-I), only the names of agencies who have quoted
and furnished EMD shall be made public.
18.1.5 Clarification of Bids: MRPL, if necessary, will obtain clarifications on the bid by requesting
for such information / clarifications from any or all bidders, either in writing or
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through personal contact. All responses shall be in writing, and no change in the price or
substance of the bid shall be permitted unless specifically sought by MRPL.
20.0 REBATE:
20.1 No suo-moto reduction in price(s) by bidders is permissible after opening of the bid. If any
Bidder unilaterally reduces the price(s) quoted by him in his bid after opening of bids, such
reduction shall not be considered for comparison of prices but shall be binding on the Bidder
if he happens to be selected for award of work.
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22.1 Bidders are advised to quote as per terms and conditions of the Bidding Document and not to
stipulate deviations/ exceptions. Once quoted, the Bidder shall not make any subsequent
price changes, whether resulting or arising out of any technical/ commercial clarifications
and details sought on any deviations, exceptions or stipulations mentioned in the bid unless
any amendment to Bidding Document is issued by MRPL/Owner. Similarly, no revision in
quoted price shall be allowed should the deviations stipulated by him are not accepted by
MRPL/OWNER and are required to be withdrawn by him in favour of stipulation of the
Bidding Document. Any unsolicited proposed price change is likely to render the bid liable
for rejection.
24.0 CANVASSING :
24.1 Canvassing in connection with tenders is strictly prohibited and the Tenders submitted by the
Tenderers who resort to canvassing shall be liable to rejection.
24.2 Subject to the provisions concerning clarification of Bids, no Bidder shall contact the Owner
on any matter relating to its bid from the time of the bid opening up to the time that the
contract is awarded.
24.3 Any effort by the Bidder or Bidder’s representative however described to influence the
Owner in any way concerning scrutiny, consideration, evaluation of the Bid(s) or decision
concerning award of contract shall entail rejection of Bid and action against the bidder as
deemed fit.
24.4 The Owner will deal with the Bidder on a principal bases, without involvement in any
manner in India or abroad of any agent or consultant or associate or other person howsoever
described.
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26.1.1 All bids submitted by such bidder (say ‘A’) directly or indirectly, shall stand rejected and
EMD, if any, in case of direct bid submitted by bidder “A’ shall be forfeited.
26.1.2 If another bidder (say ‘B’) has proposed bidder ‘A’ as a sub-contractor then bidder ‘B”s bid
shall also be rejected. However, in case the bidder ‘B’ has also proposed an alternative sub-
contractor who is other than the bidder ‘A’, then bidder ‘B”s bid shall be evaluated with the
proposed alternative sub-contractor only. Hence, every bidder shall ensure in his own
interest that his proposed sub-contractor is not submitting alternative/multiple bids.
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28.4 In case, the information/ document furnished by the Contractor forming basis of evaluation
of its Bid is found to be false / fake/ forged after the award of the Contract, OWNER shall
have the right to terminate the Contract and get the remaining Works executed by a third
party at the risk & Cost of the Contractor and without any prejudice to other rights available
to OWNER under the Contract such as forfeiture of the Contract Performance Bank
Guarantee, withholding of payment etc.
28.5 In case, this issue of submission of false/fake documents comes to the notice after execution
of the Works, OWNER shall have full right to forfeit any amount due to the Contractor
along with forfeiture of the Contract Performance Bank Guarantee furnished by the
Contractor. Further, any Contractor which is found guilty of any Corrupt or Fraudulent
Practice or submission of false/fake /forged documents, shall be put on the negative/ holiday
list of OWNER debarring them from future business with OWNER.
31.0 RAISING DISPUTES/COMPLAINTS. (Applicable for all tenders where Integrity Pact
is applicable.)
31.1 MRPL has appointed independent external monitors (IEMs). Curriculum Vitae of
Independent External Monitors (IEMs) are placed permanently on the home page of
MRPL’s website www.mrpl.co.in –Tenders.
31.2 The bidders may raise disputes / complaints, if any, either with the designated Competent
Purchase Authority (CPA) related to the Tender or with the concerned Director of MRPL or
directly with the IEMs c/o CVO, MRPL, Kuthethoor via Katipalla, Mangalore 575030.
31.3 Notes:
(i) IEMs would not consider any representation received on the basis of oral submission
made by the representing bidder unless additional documents or clarifications have
specifically been sought by IEMs from such representing bidders.
(ii) IEMs would consider only those representations on post contract issues wherein there is
an alleged violation of provisions of IP.
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SECTION-D
GENERAL CONDITIONS OF CONTRACT (GCC)
INDEX
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GENERAL GUIDELINES TO SERVICE PROVIDERS (AS APPLICABLE) FOR
62.0 ENVIRONMENT AND ENERGY COMPATIBILITY
SECTION – XI
63.0 CONDITIONS FOR MICRO AND SMALL ENTERPRISES (MSEs)
64.0 CONDITIONS FOR START-UP COMPANIES
65.0 PUBLIC PROCUREMENT PREFERENCE TO MAKE IN INDIA, ORDER 2017
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SECTION - D
SECTION - I
1. DEFINITIONS :
1.0 The following expressions hereunder and elsewhere in the Contract Documents used, unless
objectionable to the subject or context thereof, shall have the following meanings hereunder
respectively assigned to them, namely;
1.1 The “OWNER” means Mangalore Refinery & Petrochemicals Limited a company
incorporated in India having its registered office at Mangalore, Karnataka and shall include
its successors and assignees
1.2 "Acceptance of Tender" shall mean the Acceptance of Tender issued by the OWNER to the
CONTRACTOR, and shall include a letter, e-mail or fax of acceptance or other notification
of award of work, and a detailed Letter of Acceptance.
1.3 "Approval" shall mean the written and signed approval of the OWNER or of Engineer-in-
Charge or Consultant authorized in this behalf by the OWNER, and with respect to a plan or
drawing shall include an approval subject to the limitation(s) specified in such approval.
1.4 "Approval " shall mean an approval to proceed with the work covered by plans or drawings
subject to certain limitation(s) as specified in such approval.
1.5 The "Contract" shall mean the agreement between the parties as derived from the Contract
Documents.
1.6 The "CONTRACTOR" shall mean Individual, Agency, Firm or Company (whether
incorporated or not) selected by the OWNER for the performance of the Contract and shall
include its legal representatives, successors and permitted assigns.
1.7 The "Contract Documents" shall means collectively the Tender Document. Designs.
Drawings or Specifications, agreed variations, if any, and such other document constituting
the tender and acceptance thereof.
1.8 "Completion" or "Final Completion" shall mean the successful provision of all materials and
inputs and the successful completion and conclusion of all activities required in all respects
to complete the contractual works in accordance with the contract, but shall not include the
obligation to rectify defects during the Defect Liability Period.
1.9 "Completion Certificate" shall mean the Completion Certificate issued by the Engineer-in-
Charge in accordance with the provisions hereof.
1.10 "Commissioning" of a Plant or Unit shall mean pressing into service the unit(s),
equipment(s), vessels, pipeline(s), machinery and systems and sub-systems comprising the
Plant, in accordance with the approved Operation Manual and as per procedures
recommended by the Designer/Process Licensor or Supplier thereof, and approved by the
OWNER, after successful trial runs of the Plant/Unit.
1.11 "Consultant" shall mean the Consultant appointed by the OWNER for the Project/job or
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the Works.
1.12 "Consumables" shall mean all items which are consumed in the execution of the Work,
without being directly incorporated in the Work, such as fuel, electricity, water, welding
rods, electrodes and utilities.
1.13 "Defect Liability Period" shall mean the defect liability period as specified in the Contract.
1.14 The "Engineer-in-Charge" shall mean the Engineer or other officer of the OWNER,
Consultant or other organisation for the time being nominated by the OWNER in writing to
act as Engineer-in-Charge for the purpose of the Contract or any specific works.
1.15 "Final Certificate" shall mean the final certificate issued by the Engineer-in-Charge in
accordance with the provisions hereof.
1.16 "General Manager" shall mean the General Manager or other Chief Executive (howsoever
designated) of the Project to which the Contract relates, and if there is no such separate
Chief Executive, shall mean the Executive Director (if any) or the General Manager, as the
case may be, of the Refinery, Unit or Department of the OWNER to which the Project
relates.
1.17 "Guarantee tests" shall mean all tests, undertaken after the Plant goes into operation and has
stabilized, for ensuring that the functioning of the Plant meets all guarantees, as regards
throughput, quality and magnitude/quantity of output, at the final stage as well as at the
stipulated interim stages of operation/process, as well as in respect of consumption of
utilities, chemicals and catalysts, etc.
1.18 "Job Site" shall mean any site at which the work is to be performed by the CONTRACTOR,
and shall include a part or portion of the job site.
1.19 "Manuals" shall mean the Erection and Installation Manual of the various equipment and
machinery forming part of the Work(s) or Plant(s)/Unit(s) as well as the Operation and
Maintenance Manuals thereof.
1.20 "Materials" shall mean all materials, plant, machinery, instruments, components,
equipments, sub-assemblies and assemblies, parts, spares and other items or things required
for permanent incorporation in the works.
1.21 "Mechanical Completion", as applied to a Plant or Unit, shall mean the completion of civil
works, erection, aligning and grouting of all mechanical and electrical equipment and piping,
hydrostatic and other testing of all storage tanks, vessels, piping etc., all electrical and all
utility connections to the equipment, mounting and fixing of all instruments, control systems
and connecting them as required, testing and trial runs of all equipment on "no-load" and
bringing the Plant to a state of readiness for pre-commissioning.
1.22 "Order" and "Instruction" shall respectively mean any written Order or Instruction given by
the Engineer-in-Charge or Site Engineer within the scope of their respective powers in terms
of the Contract.
1.23 "Plans" and "Drawings" shall mean and include all technical documentation such as maps,
sketches, designs, drawings, plans, details, charts, schedules, tracings, prints, computer
outputs, printouts, and manuals, relating to the work forming the subject matter of the
contract, including but not limited to those forming part of the Tender Documents, Offer
Documents, and working drawings and details, together with amendments/ alterations/
revisions/ modifications thereto, as may have been approved by and/or furnished by the
OWNER, the Engineer-in-Charge and/or the Consultant, as well as "As-Built" drawings to
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be submitted by the CONTRACTOR, as required under the
contract.
1.24 "Pre-commissioning" shall mean the activities to be taken up before the taking up of Start-
up, Commissioning and trial runs of the Plant/Unit, and shall include, without being limited
to, all operations such as checking of all systems, subsystems, piping and vessels, flushing
with air, water and steam, air-blowing and steam-blowing, system pressure and leak tests,
purging with inert gas as required, checking all electrical equipment for earthing/
resistances, operability tests and cold run on all operating equipment, vessels and systems
individually and in combination, integration of all control systems with one another and with
the main control system, and completion of all operations detailed under the head,
"COMPLETION OF CONSTRUCTION".
1.25 "Progress Schedule" shall mean the Progress Schedule established by the CONTRACTOR
and approved by the Engineer-in-Charge for completion of the work(s) within the time
schedule in accordance with the provisions hereof and failing such Progress Schedule, shall
mean the Progress Schedule established by the Engineer-in-Charge in accordance with the
provisions hereof.
1.26 "Performance Test(s)" shall mean all tests meant to ensure that the Plant(s)/Unit(s) is/are in
all respects in accordance with the requirements of the Contract and that the Plant functions
properly and smoothly, in all respects as per the approved design parameters, within the
permissible tolerances, and satisfies all the stipulated operating parameters, and will include
the Guarantee Tests.
1.27 "Project" shall mean the project embracing the work(s) forming the subject matter of the
Contract.
1.28 The "Site Engineer” shall mean the Engineer(s)/Officer(s) for the time being designated by
the Engineer-in-Charge as his representative(s) in writing, and authorized by him to assist
him in performing his duties and functions for the purpose of the Contract.
1.29 "Plant" or "Unit" shall mean the grouping of and assembly of systems, subsystems,
machinery, equipment, piping and associated facilities, designed to function as a cognizable
part of the Project Facility whether alone or in conjunction with other Plants/Units and
Facilities.
1.30 "Schedule of Rates" or "Price Schedule" shall mean the Schedule of Rates or Price Schedule
annexed to the Acceptance of Tender, and shall also include a lump sum price.
1.31 The "Specification(s)" shall mean the various specifications as set out in the Specifications
forming part of the Tender Documents and as referred to and derived from the Contract and
any order(s) or instruction(s) thereunder, and in the absence of any specifications as
aforesaid covering any particular work or part or portion thereof, shall mean the
Specifications and Codes of the Bureau of Indian Standards and other Organizations,
including but not limited to British Standards Institution, ASTM, ASME, ANSI, API, AWS,
AWWA, NACE, HEI, IEC, IBR, IEEE, EIL, CPWD, etc, with such modifications as may be
applicable for the particular part(s) of the Contract, as decided by the Engineer-in-Charge
and as per Standard Engineering and Industry Practice and/or as directed by the Engineer-in-
Charge.
1.32 "Security Deposit" shall mean the Security Deposit as specified hereof and associated
clauses there under.
1.33 "Subsystems" shall mean the further breakdown of a System into its subsections and
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sub-components, each designed to fulfill a precisely demarcated function or role in the
working of the system.
1.34 "Start-up" shall mean all activities required to be performed after pre-commissioning and
prior to trial operation and shall include final pre-commissioning inspection and check out of
equipment, vessels and system(s) and supporting sub-system(s), initial operation of complete
equipment and systems within the Plant/Unit to obtain necessary pre-trial operation data,
confirmation and correction of calibration, shutdown inspection and adjustment and other
steps required to be taken prior to and enable commissioning/trial operation.
1.35 "System" shall mean the breakdown of the Plant or Unit into specific sections and
components, each designed to fulfill a precisely demarcated function or role in the working
of the Plant/Unit (Examples: Fresh water system, circulating water system, steam and power
generation and distribution systems, fuel system, effluent system in a Power Plant.)
1.36 "Time Schedule" shall mean the Time Schedule for final completion of the Works or
Mechanical Completion of the Plant(s)/Unit(s), as the case may be, incorporated in the
Contract or as may be extended by the OWNER or Engineer-in-Charge pursuant to the
provisions hereof and shall include interim time schedules set up for achieving
interim/phase-wise/stage-wise progress/completion/ testing/ commissioning/ handing over,
as may be prescribed by the OWNER/ Engineer-in-Charge, within the overall Time
Schedule as originally envisaged or as extended.
1.37 The "Total Contract Value" shall, up to calculation of the entire remuneration due to the
CONTRACTOR in terms of the contract on successful completion of the work, mean the
Total Contract Value as specified in the Acceptance of Tender, and after calculation of the
entire remuneration due to CONTRACTOR under the contract on successful completion of
the contract, shall mean the totality of such remuneration.
1.38 "Utilities" shall mean power, electricity, gas and other sources of energy, water, earth and
other things whatsoever (other than materials and consumable(s)) required for or in the
performance of the work(s).
1.39 "Work", "Scope of Work", "Service", and "Scope of Services" shall mean the totality of the
work, services and activities to be performed or undertaken and the totality of the
responsibilities to be discharged, as envisaged by expression or implication in the contract
and shall include all inputs required for such performance and discharge including (but not
limited to) know-how, design/engineering inputs, preparation and supply of
drawings and details, project management (including pre-construction activities, tendering,
procurement, inspection and expediting), construction supervision, pre-commissioning, start-
up and commissioning and supply of consumables, labour, construction and other requisite
machinery and equipment, utilities and inputs required for, relative or incidental to and/or in
connection with the performance of the contract up to completion (including testing,
commissioning, handing over, troubleshooting, rectification, maintenance and defect
liabilities).
SECTION – II
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3.0 SCOPE OF WORK :
3.1 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 ofthe BIDDING documents. Note: Please refer to SCC for Tech
specifications/conditions/Price bid.
5.0 ACCOMMODATION :
5.1 Contractor shall arrange accommodation for his staff and workers at his own cost and the
quoted price shall be deemed to include the same.
6.0 TRANSPORTATION :
6.1 Contractor shall be responsible to arrange transportation (to and fro) to MRPL for his
workforce at his own cost.
7.0 CONSTRUCTION EQUIPMENT :
7.1 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 along with 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.
SECTION - III
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9.1 Every tenderer must quote 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.
9.2 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
Bidder.
9.3 All tenderers are required go through the GCC carefully and submit a declaration statement
as enclosed in tender as token of having read, understood and accepted the conditions, along
with information called for by MRPL.
9.4 Company will not be responsible for loss or late /non-receipt of tender documents.
9.5 MRPL reserve the right to assess bidder’s capability and capacity to execute the work using
in-house information and by taking into account other aspects such as concurrent
commitments and past performance, etc.
9.6 Submission of authentic/genuine documents is the prime responsibility of the bidder.
Wherever MRPL has concern or apprehension regarding the authenticity/genuineness of any
document, MRPL reserves the right of obtaining the documents cross verified from the
document issuing authority.
9.7 MRPL reserve the right to complete the evaluation based on the details furnished by the
bidder in the first instance along with their bid without seeking any additional information.
9.8 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.
9.9 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 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 employer contribution of PF, ESI, Leave wages, Bonus as per bonus act, MRPL
special allowance as per clause 59.0. All safety gadgets, Uniform shall be given to the
employees by the bidder as per F&S Dept requirements.
9.10 All tenderers are required to give details in the Performa attached (Appendix-V, VI & VII)
and attach to Technical bid.
9.11 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.
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14.2 A joint programme of execution of the WORK will be prepared by the ENGINEER-IN-
CHARGE and CONTRACTOR based on priority requirement of this project. This
programme will take into account the time of completion mentioned in 14.1 above and the
time allowed for the priority works by the ENGINEER-IN-CHARGE.
14.3 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.
14.4 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.
20.2 The Work order / Purchase order / Contract shall consist of the following:
(a) Letter of Acceptance / Letter of Intent along with its enclosures.
(b) Tender document with its enclosures.
(c) Agreement on Stamp paper, at MRPL discretion.
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20.3 The statement of agreed deviation shall be prepared based on the final terms and conditions
and shall be enclosed along with LOA/LOI/Order and all correspondence and minutes of
meeting held between the owner and the tenderer prior to the issue of LOA/LOI/Order 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.
SECTION – IV
22.0 SECURITY DEPOSIT (applicable for order value Above Rs 10.00 Lakhs) :
22.1 The Successful tenderer will have to deposit with MRPL (within 15 days of award of
work order) an amount equivalent to 10 % of Order value / 3% of Annual Contract value
for Annual Rate Contract interest free security deposit towards due & satisfactory
performance of contract, such SD shall be limited to annual order value in case of Annual
rate contract only.
22.2 SD shall be submitted 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
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
ONE year, renewable every year, for the balance period of the contract.
22.3 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 or after the expiry of DEFECT LIABILITY PERIOD
wherever applicable. No interest is payable by MRPL to the successful tenderer on the
security deposit.
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22.4 Security deposit shall be forfeited in case the vendor fails to execute the order.
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acceptable, but have taken deviation only in PRS clause, shall be considered after suitable
loading for evaluation purpose as detailed below;
5% of the quoted basic price shall be added to the landed cost for evaluation purpose.
28.0 CANCELLATION :
28.1 MRPL reserves the right to cancel the Order or any part thereof and shall be entitled to
rescind the contract wholly or in a written notice to the vendor at any time 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.
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.
28.2 If any successful tenderer or any partner in the firm of the successful tenderer shall be
convicted of any criminal offence.
28.3 If a receiver is appointed of any property or assets of the successful tenderer.
28.4 If the work/ services are no more required by MRPL.
28.5 If the license issued to the successful tenderer by the relevant authorities for modification
filling and storage of bitumen supplied by MRPL is cancelled or revoked.
28.6 If the successful tender deliberately contaminates or tempers with quality or product supplied
by MRPL.
28.7 MRPL will be at liberty to short close the contract work order without assigning any reason
whatsoever by giving a notice of 15 days.
28.8 Specified delivery schedule/ completion period is not adhered to beyond 3 months from due
date unless specifically agreed by MRPL.
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28.9 Laid down specifications are not adhered to or when the performance of the contract is
unsatisfactory.
28.10 Major contractual terms and conditions are violated insolvency of the supplier.
28.11 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
29.0 TERMINATION :
29.1 The OWNER shall be entitled to terminate the Contract by written notice at any time
during or after the occurrence of any one or more of the following events or
contingencies, namely:
i) Failure to start the work within 10 (ten) days of handing over the job site to the
CONTRACTOR.
ii) Failure to provide at each job site sufficient labour, material, equipment, machinery,
temporary work and/or facilities required for the proper and/or due execution of the work
or any part thereof;
iii) Failure to execute the works or any of item in accordance with the Contract;
iv) Disobedience of any order or instruction of the Engineer-in-Charge and/or Site Engineer;
v) Negligence in carrying out the works or carrying out of work found to be unsatisfactory
by the Engineer-in-Charge;
vi) Abandonment of the works or any part thereof;
vii) Suspension of the entire works or any part thereof, for a period of 14 (fourteen) days or
more without due authority from the OWNER or Engineer-in-Charge.
viii) Commission, permission or sufferance of any other breach of any of the terms, conditions
or provisions of the Contract on the part of the CONTRACTOR to be paid, performed
and/or observed;
ix) Failure to deposit the Initial Security Deposit within 10 (ten) days of receipt by the
CONTRACTOR of Acceptance of Tender;
x) If the CONTRACTOR is incapable of carrying out the work.
xi) If the CONTRACTOR misconducts himself in any manner.
xii) Dissolution of the CONTRACTOR (if a firm) or commencement of liquidation or
winding up (whether voluntary or compulsory) of the CONTRACTOR (if a company) or
appointment of a receiver or manager of any of the CONTRACTOR’s assets and/or
insolvency of the CONTRACTOR (if a sole proprietorship) or any Partner of the
CONTRACTOR (if a firm);
xiii) Distress, execution, or other legal process being levied on or upon any of the
CONTRACTOR’s goods and/or assets.
xiv) Death of a CONTRACTOR (if an individual).
xv) If upon any change in the Partnership/constitution of a CONTRACTOR’s organization (if
a Partnership), the OWNER shall refuse to continue the contract with the re-constituted
firm.
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xvi) If the CONTRACTOR or any person employed by him shall make or offer for any
purpose connected with the Contract any gift, gratuity, royalty, commission, gratification
or other inducement (whether money or in any other form) to any employee or agent of
the OWNER.
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32.6 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
33.5 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.
33.6 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.
33.7 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.
33.8 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.
33.9 Inspection and acceptance of the work by the Engineer-in-charge shall not relieve the
contractor from any of his responsibilities under this contract.
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37.1 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.
38.0 ROYALTY :
38.1 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.
38.2 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.
40.0 SEVERABILITY:
Should any provision of this agreement be found to be invalid, illegal or otherwise not
enforceable by any court of law, such finding shall not affect the remaining provisions
hereto and they shall remain binding on the parties hereto.
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SECTION - V
41.0 PAYMENT TERMS :
(Payment terms mentioned in the Special Conditions of Contract / Scope of Work
documents supercedes the Payment term mentioned in General Conditions of
Contract).
41.1 Unless otherwise specified, 100% Payment will be made for the actual work done / supply of
materials/Job/services performed and bills duly certified by Engineer In-charge (subject to
submission of SD, if applicable). Such payment will be made within 15 days of submission
of bills.
41.2 Retention money, if specified, will be withheld before releasing all payments i.e either
monthly or progressive/ stage-wise payments.
41.3 Bills can be submitted after completion of work/ once on monthly basis against progressive
work completion/as per milestones specified as per Tender.
SECTION - VI
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Constitution of OEC
3. MD, MRPL will have the sole discretion to constitute OEC. OEC will be formed from the
panel of experts maintained by MRPL and will normally comprise of three members, one
member from each category i.e., Technical, Finance, Commercial and Legal. However, there
will be a single member OEC for disputes involving a claim and counter claim (if any) upto`
1 crore.
4. MD, MRPL will have authority to reconstitute an OEC to fill any vacancy or if any OEC
member is not available to attend the OEC Meetings.
5. Upon constitution of the OEC, Head-Legal will issue the appointment letters to OEC
members and inform same to the parties concerned.
6. The OEC members shall give a declaration of independence and impartiality (in the format
at Annexure A1) to both the parties before the commencement of the OEC proceedings.
12. The parties shall be represented by their in-house employees/executives. No party shall be
allowed to bring any advocate or outside consultant/advisor/agent to contest on their behalf.
Ex-officers of MRPL who have handled the dispute matter in any capacity are not allowed
to attend and present the case before OEC on behalf of Contractor. However, ex-employees
of parties may represent their respective organizations.
13. Solicitation or any attempt to bring influence of any kind on either OEC Members or MRPL
is completely prohibited in conciliation proceedings and MRPL reserves the absolute right
to close the conciliation proceedings at its sole discretion if it apprehends any kind of such
attempt made by the Contractor or its representatives.
14. Parties agree to rely only upon documentary evidence in support of their claims and not to
bring any oral evidence in the OEC proceedings.
15. OEC will give full opportunity of hearing to the parties before giving its recommendations.
16. OEC will conclude its proceedings in maximum 10 meetings, and give its recommendations
within 90 days of its first meeting. OEC will give its recommendations to both the parties
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recommending possible terms of settlement MD, MRPL may extend the time/ number of
meetings, in exceptional cases, if OEC requests for the same with sufficient reasons.
17. OEC members will be paid fees (plus applicable tax) and provided facilities as detailed in
clause 29 below, subject to revision by MRPL from time to time and subject to Government
guidelines on austerity measures, if any. All the expenditure incurred in the OEC
proceedings shall be shared by the parties in equal proportion. The parties shall maintain
account of expenditure and present to the other for the purpose of sharing on conclusion of
the OEC proceedings.
18. Depending upon the location of the OEC members and the parties, the venue of the OEC
meeting shall be either Delhi /Mangaluru / Bengaluru or any other location whichever is
most economical from the point of view of travel and stay etc.
19. Parties shall not claim any interest on claims/counterclaims from the date of notice invoking
conciliation till execution of settlement agreement, if so arrived at. In case, parties are
unable to reach a settlement, no interest shall be claimed by either party for the period from
the date of notice invoking conciliation till the date of OEC recommendations and 30 days
thereafter in any further proceeding.
20. Legally, parties are under no obligation to refer a dispute to conciliation or continue with
conciliation proceedings. Parties are free to terminate the conciliation proceedings at any
stage as provided under the Arbitration and Conciliation Act, 1996 and subsequent
amendments or re-enactment thereof.
Amount of Claims and Period for making and publishing of the award
Counter Claims (excluding (counted from the date of first meeting of the
interest) arbitrators):
UptoRs. 5 Crore Within 8 months
Above Rs. 5 Crore Within 12 months
The above time limit can be extended by the arbitrator, for reasons to be recorded in writing,
with the consent of the parties.
12. The fees payable to each Arbitrator shall be as per rules framed by the High Court in whose
territorial jurisdiction as per contract and seat of arbitration is situated. In case no rules have
been framed, the fees prescribed may be as per Fourth Schedule of the Arbitration and
Conciliation Act, 1996. However, Arbitrator may fix their fees keeping the aforesaid
schedule as guiding factor.
13. The parties may, after invocation of dispute, agree for sharing the cost of Arbitration equally
on 50:50 basis.
14. If after commencement of the Arbitration proceedings, the parties agree to settle the dispute
mutually or refer the dispute to conciliation, the arbitrators shall put the proceedings in
abeyance until such period as requested by the parties. Where the proceedings are put in
abeyance or terminated on account of mutual settlement of dispute by the parties, the fees
payable to the arbitrators shall be determined as under:
(i) 20 % of the fees if the claimant has not submitted statement of claim.
(ii) 40 % of the fees if the pleadings are complete.
(iii) 60% of the fees if the hearing has commenced.
(iv)80% of the fees if the hearing is concluded but the award is yet to be passed
15. Each party shall pay its share of arbitrator's fees in stages as under:
(i) 20% of the fees on filing of reply to the statement of claims.
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(ii) 40% of the fees on completion of pleadings.
(iii) 20% of the fees on conclusion of the final hearing.
(iv)20% at the time when award is given to the parties.
16. Each party shall be responsible to make arrangements for the travel and stay etc of the
arbitrator appointed by it. Claimant shall also be responsible for making arrangements for
travel / stay arrangements for the Presiding Arbitrator and the expenses incurred shall be
shared equally by the parties. In case of sole arbitrator, MRPL shall make all necessary
arrangements for his travel stay and the expenses incurred shall be shared equally by the
parties.
17. The Arbitration shall be held at the place from where the contract has been awarded.
However, parties to the contract can agree for a different place for the convenience of all
concerned.
18. The Arbitrator(s) shall give reasoned and speaking award and it shall be final and binding on
the parties.
19. Subject to aforesaid, provisions of the Arbitration and Conciliation Act, 1996 and any
statutory modification or re-enactment thereof shall apply to the arbitration proceedings
under this clause.
20. Insofar as practicable, the Parties shall continue to implement the terms of the Contract
notwithstanding the initiation of Arbitration proceedings.
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Annexure A1
Declaration of independence and impartiality by OEC Member
To,
1. MRPL …………………
2. Contractor…………………….
Annexure - A2
STATEMENT OF CLAIM(S)/COUNTERCLAIM(S)
1. Chronology of the dispute
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4. Issues:
44.0 JURISDICTION:
44.1 Contract / Purchase Order, including all matters connected with this Contract / Purchase
Order shall be governed by the Indian law both substantive and procedural, for the time
being in force and shall be subject to the exclusive jurisdiction of Indian Courts at
Mangalore.
44.2 Foreign companies, operating in India or entering into Joint ventures in India, shall have to
obey the law of the land and there shall be no compromise or excuse for the ignorance of the
Indian legal system in any way.
SECTION - VII
45.4.1 Import Duties, i.e., Basic Customs Duty, GST &Edu. Cess on imported materials
45.4.2 MRPL shall import all Goods considering Merit rate of custom duty.
45.4.4 For imported materials sold & supplied directly by foreign suppliers to MRPL and consigned
to MRPL, Import Duties, i.e., Basic Customs Duty, Custom Cess, GST, applicable in India
shall be directly paid by MRPL to tax authority.
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45.4.5 The vendor must ascertain and confirm along with supporting documents in the bid, if any
Customs Duty exemption / waiver is applicable to the products being supplied by him under
any multi-lateral / bi-lateral trade agreement between India and bidder’s country.
45.4.6 The bidder shall be liable to provide all documentation to ensure availment of the exemption
/ waiver. In case the bidder defaults on this due to any reason, whatsoever, he shall be liable
to bear the incremental Customs Duty applicable, if any.
45.4.7 Any Customs Duty applicability on account of any change in the bi-lateral / multi-lateral
agreement shall be to bidder’s account.
45.4.8 Documentation to be furnished for availing the exemption / waiver of customs duty shall be
specifically listed in the Letter of Credit also as the pre-requisite for release of payment
against shipping documents and this documentation shall necessarily form part of shipping
documents.
45.4.9 Any additional levies/duties on Imports (viz. Anti-Dumping Duty, Safeguard Duty, etc.) as
notified by Govt of India from time to time shall also be considered for evaluation.
45.5 GENERAL:
45.5.1 In case GST is quoted as not applicable on freight charges, and if they are applicable at the
time of delivery due to any reasons other than statutory, the same will be borne by the
Vendor/Supplier/Contractor.
45.5.2 The benefit of any Tax exemption, concessions, rebate or any other incentives available
when the Vendor/Supplier/Contractor or its Sub Vendor/Supplier/Contractor are performing
their obligations under the Purchase Order / Work order, shall be passed on to MRPL.
45.5.3 Recoveries, if any, by MRPL shall be with applicable GST thereon as per GST laws.
45.5.4 Any error of interpretation of applicability of taxes / duties / cess / levies / fees / charges etc.
by the Vendor/Supplier/Contractor shall be to Vendor/Supplier/Contractor’s account.
45.5.5 The classification of goods as per GST laws should be correctly done by the
Vendor/Supplier/Contractor to ensure that Input Tax Credit benefit is not lost to MRPL on
account of any error/omission on the part of the Vendor/Supplier/Contractor.
45.5.6 Bidder to ensure that the benefit of a reduction in the tax rate or the input tax credit availed
by any registered taxable person has resulted in commensurate reduction in the price of
goods/services supplied by such person. Vendor/Supplier/Contractor agrees unconditionally
that any benefit arising either directly or indirectly out of implementation of GST is
mandatorily passed on to MRPL. Failure on the part of bidder to ensure the same shall
attract the provision of Anti Profiteering as notified by the Govt of India.
45.5.7 Wherever GST is indicated / mentioned in the contract/tender/RFQ, it will include GST
Compensation cess levied under The Goods and Services Tax (Compensation to States) Act,
2017.
46.1 In the event of introduction of any new legislation or any change or amendment or
enforcement of any Act or Law, rules or regulations of Government of India or State
Government(s) or Public Body which becomes effective after the date of submission of Price
Bid or revised price bid, if any, for this CONTRACT and which results in increased cost of
the works under the CONTRACT through increased liability of taxes, (other than personnel
and Corporate taxes), duties, the CONTRACTOR shall be indemnified for any such
increased cost by the MRPL subject to the production of documentary proof to the
satisfaction of the MRPL to the extent which directly is attributable to such introduction of
new legislation or change or amendment as mentioned above and adjudication by the
competent authority & the courts wherever levy of such taxes / duties are disputed by
MRPL.
46.2 Similarly, in the event of introduction of new legislation or any change or amendment or
enforcement of any Act or Law, rules or regulations of Government of India or State
Government(s) or Public Body which becomes effective after the date of submission of Price
Bid or revised price bid, if any, for this CONTRACT and which results in any decrease in
the cost of the works through reduced liability of taxes, (other than personnel and Corporate
taxes) duties, the CONTRACTOR shall pass on the benefits of such reduced cost, taxes or
duties to the MRPL, to the extent which is directly attributable to such introduction of new
legislation or change or amendment as mentioned above.
46.3 All duties, taxes (except where otherwise expressly provided in the Contract) as may be
levied / imposed in consequences of execution of the Works/Services or in relation thereto
or in connection therewith as per the Acts, Laws, Rules, Regulations in force on the date of
submission of Price Bid or revised price bid, if any, for the this CONTRACT shall be to
CONTRACTOR’s account. Any increase / decrease in the net amount of such duties, taxes
(i.e. the amount of taxes/duties payable minus eligible credit of taxes / duties paid on input
services / input) after the date of submission of price bid or revised price bid, if any, but
within the contractual completion / mobilization date as stipulated in the CONTRACT will
be to the account of MRPL.
46.4 Any increase in net amount of the duties and taxes (i.e. the amount of taxes/duties payable
minus eligible credit of taxes / duties paid on input services / inputs) after the contractual
completion / mobilization date during the extended period will be to the contractor’s
account, where delay in completion /mobilization period is attributable to the
CONTRACTOR. However, any decrease in net amount of the duties and taxes (i.e. the
amount of taxes/duties payable minus eligible credit of taxes / duties paid on input services /
inputs) after the contractual completion / mobilization date will be to MRPL’s account.
46.5 The Contract Price and other prices given in the Schedule of Prices are based on the
applicable tariff as indicated by the CONTRACTOR in the Schedule of Prices. In case this
information subsequently proves to be wrong, incorrect or misleading, MRPL will have no
liability to reimburse/pay to the CONTRACTOR the excess duties, taxes, fees, if any finally
levied / imposed by the concerned authorities. However, in such an event, MRPL will have
the right to recover the difference in case the rate of duty/tax finally assessed is on the lower
side.
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46.6 Notwithstanding the provision contained in clause 26.1 to 26.5 above, the MRPL shall not
bear any liability in respect of :
(i) Personal taxes on the personnel deployed by CONTRACTOR, his sub-contractor /
sub-sub contractors and Agents etc.
(ii) Corporate taxes and Fringe benefit tax in respect of contractor and all of their sub-
contractors, agents etc.
(iii) Other taxes & duties including Customs Duty, Excise Duty and GST in addition to
new taxes etc. in respect of sub-contractors, vendors, agents etc. of the
CONTRACTOR.
46.7 In order to ascertain the net impact of the revisions / enactment of various provisions of taxes
/ duties, the CONTRACTOR is liable to provide following disclosure to MRPL
(i) Details of each of the input services used in relation to providing service to MRPL
including estimated monthly value of input service and GST amount.
(ii) Details of Inputs (material/consumable) used/required for providing service to MRPL
including estimated monthly value of input and excise duty/CVD paid/payable on
purchase of inputs.
SECTION - VIII
48.0 MEDICAL:
48.1 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).
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55.0 INSURANCE :
55.1 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.
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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.
(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.
57.2 Along with 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 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.
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57.3 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 Rs.200/- for every un-surrendered pass and Rs. 100/- for every Bio-Metric card
(These fine amounts are subject to revision by Security Dept., MRPL, from time to time.
B. Documents required on annual basis for release of bank Guarantee / security deposit
duly certified by the Engineer Incharge.
• Contractor shall submit the documents as specified above with a cover note signed through
EIC to HR department.
• On submission of compliance report / recommendations from EIC, HR will give clearance to
Finance for release of payment.
• Any deviation from the above procedure and non-production of required documents will
result in delay in issuance of gate pass and payment of monthly bill, final bill and release of
retention money / Security Deposit / Bank Guarantee, etc.
• Contractor should also give an indemnity bond to MRPL absolving MRPL of all statutory,
Non-statutory clearance by their employees, sub-contractors and supplies.
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;
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Unskilled(in Semi Skilled Highly skilled
Skilled (in Rs)
Rs) (in Rs) (in Rs)
MRPL Special 34 50 70 90
7 Allowance per day
Note: Please refer details of the Minimum wages as mentioned in the SCC/Scope of Work (as
applicable).
SECTION - IX
60.0 STATUTORY REQUIREMENTS/ SAFETY RELATED ASPECTS :
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 to
be taken from Engineer In-charge.
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.
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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.
SECTION - X
MSEs participating in the tenders must submit valid & authorized copy of certificate of
registration with any one of the above agencies. In case of bidders submitting DIC registration
certificate, he shall attach original notarized copy of the DIC certificate.
2. The MSEs registered with above mentioned agencies /bodies are exempted from payment of
Earnest Money Deposit (EMD).
4. The registration certificate issued must be valid as on Bid closing date of the tender. Bidder
shall ensure validity of registration certificate in case bid closing date is extended.
5. The MSEs who have applied for registration or renewal of registration with any of the above
agencies/bodies, but have not obtained the valid certificate as on close date of the tender, are
not eligible to avail benefits under PP Policy. Where validity of such certificates such as NSIC
certificate has lapsed, it shall be the responsibility of the bidder to seek renewal from the
concerned Govt agency before such expiry. Documentary evidence seeking extension before
the lapse of validity of such certificate and an authorization letter from the Govt. agency having
received application for renewal shall be submitted before the bid closing date.
6. MRPL being a critical refinery installation, vital to public safety and maintaining essential
supplies to the society and other customers including Govt agencies, reserves right to grant
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relaxation in tender conditions under the Public Procurement Policy on procurement of goods
and services from Micro and Small Enterprises (MSEs) order 2012/other Government
guidelines as applicable from time to time.
7. Purchase Preference:
a) Items which are reserved for exclusive purchase from Micro and Small Enterprises shall be
procured from Micro and Small Enterprises as per Public Procurement Policy.
b) Subject to meeting terms and conditions stated in the tender document, twenty percent of the
total quantity of the tender is earmarked for MSEs registered with above mentioned
agencies/bodies for the tendered item/services.
c) In case MSE bidder is L1 entire value of the tender is to be ordered on the L1 MSE bidder.
d) In tender, participating Micro and Small Enterprises quoting price within price band of L1 +
15% shall also be allowed to supply a portion of requirement by bringing down their price to
L1 price in a situation where L1 price is from someone other than a Micro and Small
Enterprise and such Micro and Small Enterprise shall be allowed to supply upto 20 percent
of the total tendered value (where the tender quantity can be split).
e) In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1
price, the supply may be shared proportionately if the job can be split.
f) In case the tendered quantity cannot be split, MSE shall be allowed to supply total tendered
quantity provided their quoted price is within a price band of L1 + 15 percent and they
match the L1 price.
g) If the quantity cannot be split and there are more than one eligible MSE bidders (price band
within L1+15%) then the opportunity to match the L1 rate of the tender shall be given first
to MSE (who have quoted lowest rate among the MSEs within the price band of L1+15%)
and the total quantity shall be awarded to him after matching the L1 price of the tender.
h) If the MSE who have quoted lowest rate among the MSEs in the price band of L1 + 15% do
not agree to match the rate of L1 of the tender, then the next ranked MSE bidder who has
quoted within the price band of L1 + 15% in order shall be given chance to match the rate of
L1 for award of the quantity/order.
j) The purchase preference to MSE is not applicable for works contracts where supply of
goods not produced by MSEs is also involved.
8. Out of the twenty percent target of annual procurement from micro and small enterprises four
percent shall be earmarked for procurement from micro and small enterprises owner by
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Scheduled Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to
participate in the tender process or meet the tender requirements and L1 price four percent sub-
target so earmarked shall be met from other MSEs.
9. To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District
Authority in addition to certificate of registration with any one of the agencies mentioned in
paragraph (I) above. Alternatively, the bidder shall be responsible to furnish necessary
documentary evidence for enabling MRPL to ascertain that the MSE is owned by SC/ST
entrepreneurs. MSE owned by SC/ST is defined as:
1. Subject to meeting of Quality and Technical specifications, MRPL may consider allowing the
participation of all “Start-up’’ companies (and not limited to manufacturing sector), who are
capable of executing the order as per technical specifications/ perform the job as per scope of
work specified in the tender and subject to meeting extant & relevant guidelines of Government
of India. This should be confirmed and substantiated in the technical bid.
2. The bidder who intends to participate as “Start-up” company should enclose the `Certificate of
Recognition issued by Department of Industrial Policy and Promotion(DIPP), Ministry of
Commerce & Industry, Govt. of India during submission of Technical bid.
3. The Start-up companies, recognized by DIPP are exempted from payment of EMDs
4. Prequalification Criteria with respect to Prior Turnover and Prior Experience may be relaxed
for Start-ups as per the GOI guidelines.
6. Start-up Companies who are also registered as MSEs and wish to avail the benefits as
applicable to MSE, shall submit relevant documents covered under Conditions for Micro and
Small Enterprises elsewhere in this tender.
65.0 Public Procurement Preference to Make in India, Order 2017 (as applicable)
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The Govt has issued Public Procurement (Preference to Make in India) order 2017 vide DIPP
Notifications No P-45021/2/2017-B.E.II dated 15.05.2017 to encourage Make in India and to
promote manufacturing and production of goods and services in India. Provisions of the above
policy and modifications made from time to time thereof are applicable to this tender. Further to
this, Ministry of Steel and Ministry of Electronics and Information Technology(MeITy) have issued
separate guidelines in respect to items under their purview.
For implementing the above polices following tender conditions shall apply.
Conditions for availing the purchase preference for above items is given in the table below
Sl no Items Minimum local content Margin of
purchase
preference
1 Iron and Steel 15%
Products
2 Electronic Items
Desktop computers-45%
For serial nos 1 &
Laptop personal computers-40%
3, 10% and for
Tablet personal computers-45% serial no 2 it is
Dot-matrix printers-55% 20% (i.e
Smart cards-contact type-65% where the quoted
Smart cards-contactless type-70% price is within
LED products-65% 10% of the lowest
Biometric Access control/authentication-45% price, other things
Biometric fingerprint sensors-45% being equal, PP
Biometric Iris Sensors-45% will be granted to
Sensors-40% the bidder
concerned at the
lowest valid price
3 For other than serial Goods and services, 2018-20 22%
bid)
no 1 & 2 year wise* 2020-22 25%
Turnkey jobs, year 2018-20 25%
wise 2020-22 40%
*year wise refers to the financial year during which the corresponding enquiries are floated.
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Quantum of purchase preference for bidders qualifying under local content (for LC Bidder) meeting
minimum local content, subject to accepting L1 Price and tender applicability criteria, referred to as
eligible LC bidder as explained under previous sections are stated below.
A. For goods
1) If L-1 is LC bidder, entire quantity will be awarded to such LC bidder
2) If L-1 is non-LC bidder,
a) 50% of the quantity will be awarded to LC bidder and rest to non-LC bidder
b) If quantity cannot be split in the ratio of 50:50, the next higher quantity greater
than 50% that is practically splittable shall be awarded to LC bidder and rest to
non-LC bidder
c) If quantity is indivisible, 100% shall be awarded to LC bidder
d) If there are more than one LC bidders, 50% quantity shall be awarded to lowest
LC bidder and rest to non LC bidder
B. For Services/ EPC contracts.
Normally the service / EPC contract are not splittable and therefore the eligible LC bidder
shall be awarded 100% of the contract. However, in cases where the contract are splittable
the LC bidder shall be awarded contract as explained under section A.2) above as in
procurement of goods.
Procedure for availing benefits under Purchase Preference (Make in India Policy)
The option in case of MSE bidders qualifying under both Policies, namely, Purchase Preference
under the Public Procurement Policy – 2012 (PPP-2012) for MSE bidders and Purchase Preference
Linked with Local Content (PP-LC 2017) shall be exercised as under:
i. The MSE bidder can avail only one out of the two applicable purchase preference policies, i.e.,
PP-LC 2017 for PPP-2012 and therefore, bidder will be required to furnish the option under
which he desires to avail purchase preference. This option must be declared within the offer
and in case bidder fails to do so although he is eligible for both the Policies. MRPL shall
evaluate his offer considering PPP- 2012 as the default chosen option.
In case a MSE bidder opts for preference under PPP-2012, he shall not be eligible to claim
benefit under PP-LC 2017 (irrespective of the fact whether he furnishes the details of LC in his
offer and this LC meets the stipulated LC criteria).
ii. In case a MSE bidder opts for purchase preference based on PP-LC 2017, he shall not be
entitled to claim benefit of purchase preference benefit as applicable for MSE bidders under
PPP-2012. However the exemptions from furnishing Bid security (EMD) shall continue to be
available to such a bidder.
a) In view of the above, the bidder’s quoted prices against various items of enquiry shall remain
valid even in case of splitting of quantities of the items, except in case of items where the
quantity cannot be split since these are to be awarded in a Lot or as a package or Group.
b) While evaluating the bids, for price matching opportunities and distribution of quantities
among bidders, the order of precedence shall be as under:
• MSE bidder (PPP-2012)
• PP-LC complied bidder (PP-LC)
For further clarification, in case an item has quantity 4 nos. then 1 no. can be given to MSE bidder,
2 to PP-LC bidder and left out 01 no. to natural L1 bidder. Note:
The above two examples are not applicable to the Works Contracts since the Purchase Preference
under PPP-2012 is not applicable to works contracts.
• In case lowest bidder is a MSE bidder, the entire work shall be awarded to him without
resorting to purchase preference to bidders complying with Local Content.
• In case lowest bidder is a PP-LC bidder, purchase preference shall be resorted to MSE
bidder as per provisions specified in the enquiry document w.r.t. PPP-2012 only.
It is mandatory for the bidder should submit a certificate duly certified by a practising cost
accountant/chartered account, in line with the said along with prescribed Form (enclosed) in the
technical bid, mentioning the location(s) at which local value addition is made. In case of
companies, the certification shall be from the statutory auditor or cost auditor for the company. In
case the procurement value is <Rs 10Crores self-certification is acceptable.
The bidder claiming benefits of Purchase Preference on the above shall provide at least 2 sets
of data each under the following heads
b) Ex-factory price of product minus profit after tax minus sum of imported bill of material used
(directly or indireclty) as inputs in producing the product (including duties and taxes levied on
procurement of inputs except those for which credit/setoff can be taken) minus warranty costs
c) Market price minus post production freight, insurance and other handling cost minus profit after tax
minus warranty cost minus sum of imported bill of material used as inputs in producing the
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product(including duties and taxes levied on procurement of inputs except those for which
credit/setoff can be taken) minus sales and marketing expenses
Manufacturers of goods and/or providers of service, seeking Purchase preference under the policy,
shall be obliged to certify the LC of goods, service or EPC contracts as under:
At bidding stage:
Bidder shall furnish the percentage of the local content, taking into account the factors and criteria
listed out in the policy. These details shall be required only at aggregate level like supply value,
transport value and other heads given in the price schedule.
The bidder claiming the PP-LC benefit shall be required to furnish an undertaking on
bidder’s letterhead confirming his meeting the Local Content and this undertaking shall be
certified as under:
• Where the total quoted value is less than INR 5 Crore:
The LC content shall be self-assessed and certified by the authorized signatory of the bidder,
signing the bid.
• Where the total quoted value is INR 5 Crore or above:
i. The Proprietor and an independent Chartered Accountant, not being an employee of the
firm, in case of a proprietorship firm.
ii. Any one of the partners and an independent Chartered Accountant, not being an employee
of the firm, in case of a partnership firm.
iii. Statutory auditors in case of a company. However, where statutory auditors are not
mandatory as per laws of the country where bidder is registered, an independent charted
accountant, not being an Employee of the bidder’s organization.
Note:
1. Sample formats for calculation of LC are enclosed as Annexures ll, lll&lV (specify relevant
annexure for calculation of the local content by the bidder.
2. LC of goods shall be computed on the basis of the cost of domestic components in goods,
compared to the whole cost of product. The whole cost of product shall be constituted of the
cost spent for the production of goods, covering: direct component (material) cost; direct
manpower cost, factory overhead cost and shall exclude profit, company overhead cost and
taxes for the delivery of goods.
3. However, LC of service shall be calculated on the basis of the ratio of service cost of
domestic component in service to the total cost of service. The total cost of service shall be
constituted of the cost spent for rendering of service, covering: a) cost of component
(material) which is used; b) manpower and consultant cost; cost of working
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equipment/facility; c) general service cost, excluding profit, company overhead cost, taxes
and duties.
The onus of submission of appropriately certified documents lies with the bidder and
purchaser shall not have any liability to verify the contents & will not be responsible for same.
However, in case the procuring company has any reason to doubt the authenticity of the Local
Content, it reserves the right to obtain the complete back up calculations before award of
work failing which the bid shall be rejected.
After award of contract:
• Where the estimated value is less than INR 5 Crore:
The LC certificate shall be submitted along with each invoice duly self-certified by the
authorized signatory of the bidder.
• Estimated value is INR 5 Crore or above:
Supplier shall provide the necessary local–content documentation to the statutory auditor,
who shall review and determine that local content requirements have been met, and issue a
local content certificate to that effect on behalf of procuring company, stating the percentage
of local content in the goods or service measured.
However, procuring company shall also have the authority to audit as well as witness production
processes to certify the achievement of the requisite local content and/or to obtain the complete
back up calculation before award of work failing which the bid shall be rejected and appropriate
action may be initiated against the bidder.
For certification of local content in electronic goods shall be as per the circular F.No.33(1)/2017-
IPHW issued by Government of India Ministry of Electronics and Information Technology dated
th
14 September 2017, which may be downloaded from http://meity.gov.in/esdm/ppo under
“notification for electronics products under public procurement order 2017”
negotiated prices (even if, post negotiation, they are higher by more than 10% as compared to L1
bidder provided they were within 10% of L1 bidder as per original quoted prices) and left out
quantity, if any, as per provisions of enquiry document shall be awarded to that bidder.
SECTION-E
APPENDIXES
APPENDIX DESCRIPTION
I INTEGRITY PACT
II PROFORMA OF BANK GUARANTEE (EMD)
PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT / PERFORMANCE
III BOND
IV FORM OF AGREEMENT BY THE SUCCESSFUL BIDDER
V STATEMENT OF CREDENTIALS
VENDOR FORM FOR ELECTRONIC FUND TRANSFER PAYMENT AND TAX
VI DETAILS
VII DECLARATION & UNDERTAKING BY MSEs / STARTUP COMPANIES
PRE-QUALIFICATION CRITERIA DETAILS –ANNUAL TURNOVER &
VIII NETWORTH DETAILS
PRE-QUALIFICATION CRITERIA DETAILS – DETAILS OF SIMILAR WORK
IX COMPLETED
X PRE-QUALIFICATION CRITERIA DETAILS – OTHER CRITERIA
PROFORMA OF DECLARATION OF BANNING / BLACK LISTING / HOLIDAY
XI LISTING
XII UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR
DECLARATION REGARDING RELATIONS WITH ANY OF THE MRPL
XIII DIRECTORS
XIV DEVIATION STATEMENT
XV CHECKLIST
XVI INDEX PAGE
XVII UNDERTAKING BY THE BIDDERS.
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APPENDIX –I
INTEGRITY PACT
between
Mangalore Refinery and Petrochemicals Ltd (MRPL) hereinafter referred to as "The Principal",
and
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for procurement of
products / services vide tender No. ………………………. dtd ……………… . The Principal values full
compliance with all relevant laws and regulations, and the principles of economic use of resources, and of
fairness and transparency in its relations with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental
Organization "Transparency International" (TI). Following TI's national and International experience, the
Principal will appoint an external independent Monitor who will monitor the tender process and the execution of
the contract for compliance with the principles mentioned above.
(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles:-
1. No employee of the Principal, personally or through family members, will in connection with the
tender for, or the execution of a contract, demand, take a promise for or accept, for him/herself or
third person, any material or immaterial benefit which he/she is not legally entitled to.
2. The Principal will, during the tender process treat all Bidders with equity and reason. The principal
will in particular, before and during the tender process, provide to all Bidders the same information
and will not provide to any bidder confidential/additional information through which the Bidder
could obtain an advantage in relation to the tender process or the contract execution.
3. The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence
under the relevant Anti-Corruption Laws of India or if there be a substantive suspicion in this regard, the
Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.
--------------------------------- --------------------------------
For "The Principal" For "The Bidder/Contractor
Section 2 – Commitments of the Bidder/Contractor
(1) The Bidder / Contractor commits itself to take all measures necessary to prevent corruption. He commits
himself to observe the following principles during his participation in the tender process and during the
contract execution.
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MRPL Tender No 3300005988 GCC, Rev-0
1. The Bidder/Contractor will not, directly or through any other person or firm, offer, promise or give to any
of the Principal’s employees involved in the tender process or the execution of the contract or to any third
person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in
exchange any advantage of any kind whatsoever during the tender process or during the execution of the
contract.
2. The Bidder/Contractor will not enter with other Bidders into any undisclosed agreement or understanding,
whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to
introduce cartellization in the bidding process.
3. The Bidder/Contractor will not commit any offence under the relevant Anti-corruption Laws of India;
further the Bidder/Contractor will not use improperly, for purposes of competition or personal gain, or pass
on to others any information or document provided by the Principal as part of the business relationship,
regarding plans, technical proposals and business details, including information contained or transmitted
electronically.
4. The Bidder / Contractor will, when presenting his bid, disclose any and all payments he has made, is
committed to or intends to make to agents, brokers or any other intermediaries in connection with the
award of the contract.
(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an
accessory to such offences.
Section 3 - Disqualification from tender process and exclusion from future contracts
If the Bidder, before contract award has committed a transgression through a violation of Section 2 or in any
other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to
disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.
(1) If the Bidder / Contractor has committed a transgression through a violation of Section 2 such as to put his
reliability or credibility into question, the principal is entitled also to exclude the Bidder / Contractor from
future contract award processes. The imposition and duration of the exclusion will be determined by the
severity of the transgression. The severity will be determined by the circumstances of the case, in particular
the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder
and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum
of 3 years.
(2) A transgression is considered to have occurred if the Principal after due consideration of the available
evidence, concludes that no reasonable doubt is possible.
(3) The Bidder accepts and undertakes to respect and uphold the principal's absolute right to resort to and
impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on
any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This
undertaking is given freely and after obtaining independent legal advice.
--------------------------------- ------------------------------------
For "The Principal" For "The Bidder/Contractor"
(4) If the Bidder / Contractor can prove that he has restored / recouped the damage caused by him and has
installed a suitable corruption prevention system, the principal may revoke the exclusion prematurely.
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Section 4 - Compensation for Damages
(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section
3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest
Money Deposit / Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate
the contract according to Section 3, the Principal shall be entitled to demand and recover from the
Contractor liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.
(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to
condition that if the Bidder / Contractor can prove and establish that the exclusion of the Bidder from the
tender process or the termination of the contract after the contract award has caused no damage or less
damage than the amount of the liquidated damages, the Bidder / Contractor shall compensate the principal
only to the extent of the damage in the amount proved.
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other
Company in any country conforming to the TI approach or with any other Public Sector Enterprise in
India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process
or the contract, if already awarded, can be terminated for such reason.
(1) The Bidder / Contractor undertakes to demand from all subcontractors a commitment in conformity
with this Integrity Pact, and to submit it to the Principal before contract signing
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders,
Contractors & Subcontractors.
(3) The Principal will disqualify from the tender process all bidders who do not sign this pact or violate its
provisions.
--------------------------------- ------------------------------------
For "The Principal" For "The Bidder/Contractor"
Section 8 - External Independent Monitor / Monitors (three in number depending on the size of the
contract)
(to be decided by the Chairperson of the Principal)
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(1) The Principals appoints competent and credible external independent Monitor for this Pact. The task of the
Monitor is to review independently and objectively, whether and to what extend the parties comply with the
obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions
neutrally and independently. He reports to the Chairperson of the Board of the Principal.
(3) The Contractor accepts that the Monitor has the right to access without restriction to all project
documentation of the Principal including that provided by the Contractor. The Contractor will also grant the
Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his
project documentation. The same is applicable to Subcontractors. The Monitor is under contractual
obligation to treat the information and documents of the Bidder / Contractor / Subcontractor with
confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations between the
principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the
Management of the Principal and request the Management to discontinue or heal the violation, or to take
other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the
Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or
tolerate action. However the Independant External Monitor shall give an opportunity to the bidder /
contractor to present their case before making its recommendation to the Principal.
(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10
weeks from the date of reference or intimation to him by the 'principal' and, should the occasion arise, submit
proposals for correcting problematic situations.
(7) Monitor shall be entitled to compensation on the same terms as being extended to/provided to Outside
Expert Committee members/Chairman as prevailing with Principal.
(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under
relevant Anti-corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible
action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit
this information directly to the Central Vigilance Commissioner, Government of India.
(9) The word “Monitor” would include both singular and plural.
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last
payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.
--------------------------------- ------------------------------------
For "The Principal" For "The Bidder/Contractor"
If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite the
lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.
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Section 10 – Other Provisions
(1) This agreement is subject to Indian Law, Place of performance and jurisdiction is the Registered Office of
the Principal, i.e. Mangalore. The Arbitration clause provided in teh main tender document / contract shall
not be applicable for any issue / dispute arising under Integrity Pact.
(2) Changes and supplements as well as termination notices need to be made in writing. Side Agreements have
not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement
remains valid. In this case, the parties will strive to come to an agreement to their original intentions.
--------------------------------- ---------------------------------
For "The Principal" For "The Bidder/Contractor"
(Name & Signature with Seal)
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MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –II
1) 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 /
floatedTender
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
2) 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.
3) 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.
4) 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
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MRPL Tender No 3300005988 GCC, Rev-0
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.
5) NOTWITHSTANDING anything herein before contained, our liability under this guarantee
is restricted to Rs._________(Rupees________________________). Our liability under this
guarantee 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.
6) 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
For_________Bank
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APPENDIX – III
Date……………
To:
Dear Sir,
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MRPL Tender No 3300005988 GCC, Rev-0
2. The Company shall have the fullest liberty, without affecting in any way the liability of the
Bank under this Guarantee from time to time, to extend the time for performance of the
contract by the Contractor, or vary the terms of the Contract. The Company shall have the
fullest liberty without affecting this Guarantee to postpone, from time to time, the exercise
of power vested in them or of any right which they might have against the Contractor any
to exercise the same at any time in any manner and either to enforce, or to forbear from
enforce, any covenants contained or implied in the contract between the Company and the
Contractor or any other course or remedy or security available to the Company. The Bank
shall not be released of its obligations under these presents by any exercise by the Company
of its liberty with reference to matters aforesaid or any of them or by reason of any other act
or forbearance of other act or forbearance of other acts of Company or any other indulgence
shown by the Company or by any other matter of thing whatsoever, which under law
would, but for this provision, have the effect of relieving the Bank.
3. The Bank also agrees that the Company at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance, without proceeding
against the Contractor and notwithstanding any security or other guarantee that Company
may have in relation to the Contractor’s liabilities.
4. The Bank further agrees that the guarantee herein contained shall remain in full force
during the period that is taken for the performance of the contract and it shall continue to be
enforceable till all the dues of the Company under or by virtue of this contract have been
fully paid and claim satisfied or discharged or till the Company discharges the Guarantee in
writing.
5. We further agree that as between us and Company for the purpose of this Guarantee any
notice given to us by the Company and any amount claimed in such notice by the Company
that the money is payable by the Contractor and any amount claimed in such notice by the
company shall be conclusive and binding on us notwithstanding any difference between the
Company and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator
or any other authority. We further agree that this Guarantee shall not be affected by any
change in our Constitution or that of the Contractor. We also undertake not to revoke this
Guarantee during its currency.
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MRPL Tender No 3300005988 GCC, Rev-0
under this guarantee will cease. However, if such a claim has been received by us within
and upto sixty days after the said date/extended date, all the Company’s rights under this
Guarantee shall be valid and shall not cease until we have satisfied that claim.
WITNESS:
________________________ ________________________
(SIGNATURE) (SIGNATURE)
________________________ ________________________
(NAME) (NAME)
_______________________ ________________________
(OFFICIALADDRESS) (Designation with Bank Stamp)
Attorney No………………………
Dated:……………………………..
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MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX -IV
DATED:
We the contractors hereby agree undertake to faithfully observe and comply 'with the following
during the performance of the contract.
1 We shall
a) Deploy trained and competent employees who are physically fit and arc not suffering from any
chronic or contagious disease
b) Be responsible for and arrange and bear costs of such equipments cleaning materials, uniforms
and other paraphernalia necessary to render; effectively the services required by the Company.
c) Be responsible and liable for payment of salaries wages and other legal dues of our employees
for the purpose of rendering the services required by the Company under the above contract and
shall maintain proper books of accounts, records and documents. We shall however, as at
employer, have the exclusive right to terminate the service of any of our employees and to
substitute any person instead.
d) Comply in all respects with the provision of all statutes, rules and regulations applicable to us
and /or to our employees and in particular we shall obtain the requisite license under the
contract labour (Regulation & abolition) Act, 1970 and the rules made thereunder.
e) Ensure that our Employees while on the premises of the company or while carrying out their
obligations under the contract, observe the standards of cleanliness, decorum safety and general
discipline laid down by the company or its authorised agents and the company shall be sole
judge as to whether or not we and / or our employees have observed the same.
f) Personally and exclusively employ sufficient supervisory personnel exclusively to supervise the
work of our employees so as to ensure that the services rendered under this contract are carried
out the satisfaction of the company.
g) Ensure that our employees will not enter or remain on the company's premises unless absolutely
necessary for fulfilling our obligations under the contract.
h) Not do or suffer to be done in or about the premises of the company anything whatsoever which
in the opinion of the company may be or become a nuisance or annoyance or danger or which
may adversely affect the property, reputation or interest of the company.
i) Not do or suffer to be done in or about the premises of the company anything whereby any
policy of insurance taken out by the company against loss or damage or otherwise may become
void or avoidable.
j) Be liable for and make good any damage caused to the company 's properties or premises of any
part thereof or to any fixtures or fittings or fitting thereof or therein by any act, omission, default
or negligence on our part or on the part of our employees of our agents.
k) Indemnify and keep indemnified the company, its officers and employees from and against all
claims, demands, actions suits and Proceedings whatsoever that may be brought or made against
the company by or / on behalf of any person, body authority whomsoever and whatsoever and
all duties, penalties, levies, taxes, losses, damages, costs, charges and expenses and all other
liabilities of whatsoever nature which the company may now or hereafter be liable to pay, incur
or sustain by virtue of or as result of the performance or non-performance or observance or non-
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observance by us of any of the terms and conditions of the contract, without prejudice to the
companys other rights, the company will be entitled to deduct from any compensation or other
dues payable to us the amount payable the company as a consequence of any such claims,
demands costs, charges and expanses. The company shall not be responsible for death, injury or
accidents to our employees which may arise out of or in the course of their duties on or about
the company’s property and premises and in the event that the company is made liable to pay
and damage or compensation in respect of such employees, we hereby agree to pay to the
company such damages or compensation upon demand. The company shall also not responsible
or liable for any theft loss, damages, or destruction of any property that belongs to us or our
employees lying in the company premises from any cause whatsoever.
l) It is hereby declared that we are, for the purposes of these contract independent contractors and
all persons employed/ engaged by us for our obligations under the contract shall be our
employees and not of the company. On the expiration of the contract or any earlier
determination thereof we shall forthwith remove our employees who are in the company’s
premises or any part of thereof failing which our employees, agents, savants, etc. shall be
deemed to be trespassers and on their failure to leave the company’s premises, the company
shall be entitled to remove all persons concerned (if necessary by use of force) from the
company premises and also to prevent them (if necessary by use of force) from entering upon
the company’s premises.
We hereby undertake and declare that, in the event the workmen/ employees / persons / engaged
(the contractors employees) to carry out the purposes thereof, attempt to claim employment with
the company or attempt to be declared as employees of the company or attempt to become so
placed, therein all such cases, we shall assist the company in defending all such attempts of the
contractors employees AND we shall bear any pay solely and absolutely all costs, charges and
expenses including legal charges incurred in which may incurred in defending all such attempts
and in any appeal or aspects filed by the company therein or relating thereto AND we hereby
indemnify forever the company against all such costs, charges and expenses including legal
charges and against all any losses, expense all damages, whether recurring or not, financial or
otherwise caused to or incurred by the company as a result of such attempt by the Contractor’s
employees.
It is hereby agreed that the company shall be entitled to setoff any debit or sum payable by us
either directly or as a result of various facility to the company against any monies payable or
due from the company to us or against any monies laying or remaining with the company and
belonging to us or any of our partners or directors.
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APPENDIX - V
STATEMENT OF CREDENTIALS
Tenderers should fill their technical offer by providing all information as follows (If not applicable-
Please mention as ‘N/A’) ;
SI Particulars Details
No
1 Name of the Firm
2 Nature of the Firm
(Statewhether 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
Bidder shall provide details in the below format, of at least one Authorised Contact person in
Bidder’s organization with whom MRPL may correspond on the matter for seeking any
clarifications:
1 Primary Contact Details of the Bidder
Name
Designation
Landline Nos.
Cell Phone nos.
Email IDs
2 Alternate Contact Details of the Bidder
Name
Designation
Landline Nos.
Cell Phone nos.
Email IDs
Note: The Bidder to fill up the above and enclose along with Technical Bid.
Authorized Signatory
(With Company Seal & Signature)
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APPENDIX-VI
Vendor data - ver-6
VENDOR FORM FOR ELECTRONIC FUNDS TRANSFER PAYMENT & TAX DETAILS
Please use additional copies of this form if your Company has additional Branches/ Divisions dealing with
MRPL/ if Material/ Service/ Invoice will be provided from different GST Nos.
To: GGM - Materials
Mangalore Refinery & Petrochemicals Ltd., Kuthethoor P.O., via
Katipalla Mangalore. (Karnataka), Pin Code-575030, INDIA
The following is a confirmation/ updation of our bank account details and I/we hereby affirm our choice to opt for payment
of amounts due to us under various contracts through electronic mode.
1. Vendor/ Contractor particulars:
(i) Name of the Company:
(ii) Corporate Identity No. (CIN)
(iii) Existing Vendor Code (given by MRPL)
(iv) Complete Postal Address:
(v) Contact Names, Nos.& email IDs for GST matters (Please mention primary and secondary contacts):
Accounts Deptt. 1.
2.
Material Dispatch Deptt./ Services Deptt. 1.
2.
4. Organization information (MSMEs refer to Micro, Small and Medium Enterprises Development Act, 2006):
(i) Company /Partnership Firm /Proprietary Concern / Society/Trust /NGO/Others (Please Specify):
(ii) Whether Proprietor/ Partner belongs to SC/ ST category. (Please
specify names and percentage of shares held by SC/ST Partners):
(iii) Micro/Small / Medium Enterprise/ SSI/ Govt. Deptt./ PSU/ Others:
(iv) Name of MSME Registering Body (NSIC/ DIC/ KVIC/KVIB etc.):
(v) MSME Registration no. (with copy of registration)
(vi) Udyog Aadhaar Memorandum no.
I/we hereby confirm that the particulars given above are correct and complete and also undertake to advise any
future changes to the above details. Original Notarized copy of MSME registration is attached.
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MRPL Tender No 3300005988 GCC, Rev-0
______________________________________
Name, Seal & Signature of Authorised Signatory with date
Certified that the Particulars as in Sr. No. 2 above are correct as per our records
__________________________
Bank Seal & Signature with date
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MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –VII
DECLARATION & UNDERTAKING BY MICRO & SMALL SCALE ENTERPRISES / STARTUP COMPANIES
SL.
Particulars Details
No.
Is your organization Proprietary / Partnership /
Private Limited Companies / Public Limited …………………………………
1
Company / Others
Micro
Does your organization belong to Micro / Small /
Small Scale
Medium scale Industry / Start-ups/ others
Medium
2 (Please tick mark appropriate box. If bidder is
Startup Company
Startup & MSE, then please tick mark both)
Others
Yes
In case you belong to Micro / Small/Medium
No
Scale Enterprises whether you are registered
4 if yes,
under SC / ST Category
SC
(Please tick mark the appropriate)
ST
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We declare the above details are true. In case any of the details are found to be false/untrue,
our offer will be liable for rejection /cancellation of order/ subjected to appropriate actions/
including Holiday Listing as per tender Terms & Conditions.
Authorized Signatory
(With Company Seal & Signature)
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MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –VIII
Bidder shall indicate herein his annual turnover during the following 3 years based on the
audited balance sheet/profit and loss account statement.
2 2016-17
3 2017-18
Average Annual Turn Over during the above three financial years.: Rs._________
NETWORTH DETAILS
(Please highlight the above indicated values in the supporting documents for easy reference)
NOTE:
Copies of audited balance sheets with Profit & Loss account statement for last 3 years and Net
worth Certificate certified by Chartered Accountant shall be submitted along with the offer.
Furnished below are the details required for meeting the qualifying requirements/ prior experience
criteria;
Note: Please attached supporting documents in the form of work order(s) with Proof of completion
/ Satisfactory completion / execution / experience certificate issued by the client.
OTHER CRITERIA
Furnished below are the details required for meeting the PQC - other criteria;
I hereby declare that neither I in my personal name or in the name of my Proprietary concern,
M/s…………………………………….., submitting the Bid / Tender nor any other concern in
which I am Proprietor nor any partnership firm in which I am involved as a Managing partner have
been been placed on blacklist or holiday list declared by any Government Department / Quasi-
Government / Public Sector Undertaking or its Administrative Ministry (presently the Ministry of
Petroleum & Natural Gas) / Regulatory authorities except as indicated below:
(Here give particulars of banning or blacklisting or holiday listing and in the absence thereof state
“NIL”)
(Here give particulars of banning or blacklisting or holiday listing and in the absence thereof state
“NIL”)
We hereby declare that we have not been placed on any holiday list or black list declared by any
Government Department / Quasi-Government / Public Sector Undertaking or its Administrative
Ministry (presently the Ministry of Petroleum & Natural Gas) / Regulatory authorities except as
indicated below:
(Here give particulars of banning or blacklisting or holiday listing and in the absence thereof state
“NIL”)
Any false information will be liable for rejection of bid, severe action like Forfeiture of EMD,
Cancellation of the Order, Forfeiture of Security deposit including Black listing of the Bidder
Company in all ONGC /MRPL establishments.
APPENDIX - XII
APPENDIX –XIII
The bidder shall declare the following information in exhaustive details on his company’s
letter head with the document duly signed and stamped;-
APPENDIX –XIV
DEVIATION STATEMENT
I. Technical Deviations
Note:
1. Bidder to note this Annexure has been included in the bidding document solely for the
convenience of the bidder so as to facilitate them to list out the deviations / exceptions both of
technical and commercial nature from / to the bidding document. Owner will not recognise
any deviation(s)/ exception(s) which are not listed in this format
2. Any remarks / comments to any clause may also be submitted in the above performa.
3. Any Deviation taken or noted elsewhere in the submitted bid will not be considered and MRPL
will not be responsible for the same
4. In case of “No deviation” Bidder to write ‘NIL’ & sig n.
5. If the above table is left blank (unfilled), it will be construed that the bidder have not taken any
deviation to this tender
APPENDIX - XV
CHECK LIST FOR SUBMISSION OF OFFER
Bidders are requested to submit / upload scanned copy of this check list. It shall also be
ensured that all the details and the relevant documents mentioned below must be submitted /
uploaded on e-tender portal.
Tender No: _____________________________________________________________________
Name of the Bidder: _____________________________________________________________
MRPL Vendor Code (If Available):_________________________________________________
Address for Correspondence: ______________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Telephone No.: _________________________________________________________________
Mobile No.: _____________________________________________________________________
Fax No.: ________________________________________________________________________
Email Address:__________________________________________________________________
(In case of any change in the above details, same may please be communicated to this office)
SI DESCRIPTION DETAILS
No
1 Earnest Money deposit (EMD) details, if
DD No:__________________________
submitted in the form of DD / Bank
Guarantee (BG). BG No:__________________________
The Scanned copy of the DD/BG shall be Dated:__________________________
uploaded in EPS (as applicable)
Amount: ________________________
Validity:_________________________
Name & Address of Issuing
bank:___________________________
________________________________
2 Registered under Micro or Small Enterprise
development Act 2006 and claiming Yes / No
exemption from payment of EMD ?
If yes, copy of NSIC/ DIC / UAM registration Submitted/Not Submitted/Not Applicable
certificate uploaded ?
3 Registered as Startup company with DIPP and
claiming exemption from payment of EMD ? Yes / No
If Yes, copy of Startup certificate (DIPP)
uploaded ? Submitted/Not Submitted/Not Applicable
INDEX:
Bidder shall make an Index page as per the below proforma, serially number all the pages and
submit the technical bid ;
We confirm that we have quoted the rates in the tender considering inter-alia the
1) Tender Document(s)
2) Safety Policy
3) Pre-bid meeting Minutes (if any)
4) SOR / Price bid format
5) Corrigendum / Addendum/ Clarification (if any)
SECTION F
SCOPE OF WORK
Tender for Overhauling of Reactor Effluent –Combined Feed Exchanger EA 33301 A/B/C,EA
33302 A/B and EA 33303 installed in DHDT Unites per attached tender documents,PHASE-
3,for the period of one year from the date of issue of work order.
2.1 Blind the Exchanger Shell side Nozzles, Tube side Nozzles, Drain, Vent & Flushing
Lines on Shell & Tube side of Exchanger with proper gaskets as required.
2.2 opening of Breech lock & removal of channel internals is required during overhauling
of heat exchangers( for EA 33301A/B/C ,EA33302 A/B)
2.3 Opening of Breech lock & removal of channel internals may be required during
overhauling for EA 33303.
2.4 Carryout the shell test, if required as per instruction of EIC
2.5 Pull the Heat Exchanger Tube Bundle as per the instruction of EIC
2.6 Any repair works like machining, welding, heating etcidentified while carrying out the
exchanger jobs shall be attended by MRPL and contractor shall assist in doing so.
2.7 After attending the repair work, Box up the tube bundle as per instructions of EIC.
2.8 Box up the exchanger and successful Hydro-test shell side , tube side and differential
pressureat required pressure.
2.9 De blinding of the flanges with proper gaskets
2.10 Inspection of the jobs by MRPL
2.11 Hydro jetting machine with operating team in case cleaning is required
2.12 Hydro testing machines, hoses ,fittings for the machine
2.13 All flanges to be tightened to the torque values given by EIC Using Hydraulic bolt
tensioners, Hydraulic torque wrenches and contractor shall issue the final certificate of tightness in
their format
2.14 Hot bolting to be carried out, if required while taking Heat Exchanger back in
operation. Stand by personnel to be provided till the Exchanger reaches normal operating
temperature & pressure.
2.15 Housekeeping of the area shall be carried out as per instructions of EIC.
2.16 Contractor shall maintain the records of the jobs done for exchanger and submit to EIC
The above mentioned resources shall be provided by MRPL for carrying outthe job on
free of charge basis.
4.1. Mobilise Necessary manpower ,supervisors, site in charge, safety supervisor etc
4.2. All the tools & Tackles required for the job
4.3. Special tools like Hydraulic torque wrenches, Hydraulic Bolt Tensioning equipments
along with accessories, Hydro jetting machine with operating team and Hydro testing
machines required for the job.
4.4. Personnel protective equipments required for the safe execution of the job.
4.5. Complete safety induction and site permit requirements to comply with MRPL Safety
system.
4.6. Lodging, Boarding, transportation, tea, snacks for the contractor personnel.
4.7. Transportation of tools and tackles, special tools
4.8. Complying to all labour rules and regulation prevailing as on date
See also attached Table II “schedule of Equipment/Tools/Utilities etc.” describing
the responsibilities of Contractor
6. TIME OF COMPLETION
6.1. Contractor will be given a notice of 21days for mobilisation and should beready to
take up Job immediately as per the instruction of EIC.
6.2. The jobs awarded to the contractor should be completed within 12days (twelve days)
from the date of issue of clearance by working on 24 hours / day basis including
Sundays and holidays.
The contract should be valid for a period of One year from the date of placement of Order.
TABLE I
Schedule of Equipment/Tools/Utilities etc.
MRPL’S SCOPE OF SUPPLY (Free of Charge basis)
Sr. Description MRPL Remarks
No
1 - Air (6-10 bar) X
2 - Electricity (220/240v 400/440v) X
3 - Water (6-10 bar)/DM water X
4 All required spares like Fasteners, Gaskets, X
Studs ,plugs etc, Tail blinds, End blinds,
Fittings, Fixtures and Consumables like Grease,
Oil etc
5 Lighting Near Exchanger Area X
6 Passivation X
7 Electrical connection of equipment X
8 Erection of Scaffolding as required X Scaffolding requirement shall be given by the
contractor prior to start of the job
9 Insulation removal and application X
10 Crane, Hydra, Truck etc as required X
11 Hot works ,Machining if any
12 Empty Drums X
TABLE II
Schedule of Equipment/Tools/Utilities etc.
CONTRACTOR’S SCOPE OF SUPPLY.
Sr Description Contr. Remarks
No
1 Supervisor ,Site in charge, Safety Supervisor X
2 Skilled Manpower required for the job X
3 Lodging, Boarding Tea, Snacks, Lunch/Dinner X
/ Transportation at site for the contractor
personnel.
4 All the Tools, Tackles, Hydraulic torque X
Wrenches, Bolt tensioners,hydraulic testing
machine, hydro jet etc. required for the
completion of work within the scheduled time
5 Personal Protective Equipment like Safety X
Shoes, safety Helmets, Boiler suit, gloves, dust
masks, eye wear, etc.
6 Transportation of Tools and Tackles X
Schedule of Rates
JWS for DHDT Breech Lock Exchangers Overhauling
(To be quoted in EPS System directly)
Note:
1. Quoted rates shall be inclusive of all supplies, Labour, materials, required PPE’S for the
deployed personnel, consumables, overheads and all other costs, charges, expenses
including all applicable taxes/ duties, excluding GST.
2. GST shall be extra at actuals to MRPL A/c.
3. Quantities shown in SOR are indicative only. No minimum Quantity/Value is guaranteed.
However Payment shall be released based on the actual Quantity executed by the
contractor.
4. Rates shall be firm and fixed till execution of the contract.
5. MRPL may call for detailed breakup of the quotes, if required later.
6. All expenditure related to the scope of work to be included in the quote.
7. Bidder shall quote the service tariff code (STC) for each of the items.
Max. no. of employees < 30 One discipline (Engr. / Supervisor) with safety experience
can function as Safety Staff on part time basis.
No. of employees : 30 – 100 One Safety Supervisor on full time responsibility.
No. of employees : 101 – 250 For Manpower Supply – Oriented Maintenance contract –
One Safety Supervisor on full time responsibility.
For Service – Oriented Maintenance / Project contract
One Safety Engineer on full time responsibility +
One Safety Supervisor on full time responsibility
Upto 250 Persons deployed by him at site Deploy one Safety Officer and additionally
deploy Three Safety Supervisors
For 251 to 500 Persons Two Safety Officers, Six Safety Supervisors and Ten Safety
Stewards
For more than 500 persons Three Safety Officers, Ten Safety Supervisors and Twenty
Safety Stewards
BSc (Physics Chemistry only)/Diploma (Mech/Elect/Civil only) with post graduate Diploma in
Industrial safety with min of 5 years experience in
supervisory cadre.
OR
BE/BTech (Mechanical/Electrical/Civil only) with post graduate Diploma in Industrial safety with
min of 2 years experience in supervisory cadre.
Note : The contractor is solely responsible for any accident and under any circumstance MRPL
will not be responsible / held responsible for the accident to his contract labours. Incase of
repeated violation for three times or Reportable Lost Time Injury the contract will be terminated
and the contractor will be considered for holiday listing.
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