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MRPL Tender No 3300005988 GCC, Rev-0

MANGALORE REFINERY & PETROCHEMICALS LTD.


(A subsidiary of Oil & Natural Gas Corpn. Ltd – ONGC)
Regd. Office: Kuthethoor P.O., Via: Katipalla, Mangalore-575030 (India)
Phone: 0091-824-2270400 Fax: 0091-824-2271239

E- Public Tender No.: 3300005988 Date:10.10.2018

DHDT Breech Lock Exchangers Overhauling as per tender document

Tender Download Start Date 10.10.2018


Tender Download End Date & Time 30.10.2018; 15.00 Hrs
Bid Closing date & Time 30.10.2018; 15.00 Hrs
Unpriced Bid Closing date & Time 30.10.2018; 15.30 Hrs

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MRPL Tender No 3300005988 GCC, Rev-0
INDEX

SECTION DESCRIPTION Page Nos.

A Notice Inviting Tender (NIT) 3–4

Pre-Qualification Criteria (PQC) & Bid Evaluation


B 5–7
Criteria (BEC)

C Instruction to Bidder (ITB) 8 – 24

D General Conditions of Contract (GCC) 25 – 80

E Appendixes 81– 111

F Scope of work / SCC (Drawings attached Seperately 112-117

G Price bid Format 118

H Contractor worker safety policy 119-157

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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.

The brief details of the tender are as below;


SL.
Description Details
No.
1 Tender Number 3300005988
2 Brief Description of the DHDT Breech Lock Exchangers Overhauling as per tender
Tender
3 Tender Type Open
4 Bid Type Two Bid
5 Mode Electronic Procurement System (EPS)
6 Tender Document download 10.10.2018
start date
7 Bid Closing date/Time 30.10.2018 @ 15.00 Hrs (IST)
8 Date / Time of Technical 30.10.2018 @ 15.30 Hrs (IST)
Bid Opening
9 Prebid Conference Not Applicable
10 EMD Applicable Rs 1,86,000/-
(In words One Lakh Eighty Six Thousand only.)

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

Indenter’s Name: Mr. Manjunatha Sastry THM


E-mail: [email protected] /0824-288 2322
B Commercial Queries Section Incharge: Mr. Madhu Praveen G
email: [email protected] / 0824-288 2221

Dealing Officer’s Name: Mr. Vaibhav Agrawal


e-mail: [email protected] /0824-288-2249
Mr. Dilip Ranganath,
Email: [email protected]
Contact person For Queries
21 Phone No. 0824-288-2248
related to E-tendering
(Dealing officer / Section Incharge details as mentioned
above may also be contacted).

Mr. Mohan Kumar / Mr. Prabhuswamy,


22 Alternate Contact details for [email protected] /
E-Tendering [email protected]
Phone No. 080 - 49352000

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)

Contact details & Address for Site visit.


Contact Details Address
1. Shaik Sultan Basha
Mangalore Refinery & Petrochemicals Limited. (A
subsidiary of Oil & Natural Gas Corpn. Ltd – ONGC)
Kuthethoor P.O., Via: Katipalla, Mangalore-575030 (India)

Important information to be noted by the bidders:

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

Pre-Qualification Criteria & Bid Evaluation Criteria


Bidder shall fulfil the following qualification criteria in order to qualify for this work:

I. Pre-Qualification Criteria (PQC):


i) Financial Turnover:
The Average Annual Financial turnover of the bidder during any
a. one of the last 3 years ending 31st March of the previous Financial Rs. 92.90 Lakhs
year should be at least
b. Net worth of the bidder as per latest audited annual financial results shall be positive

ii) Past Experience:


The Bidder should have experience of having successfully carried out and completed similar work
during the last 3 years ending last day of the month previous to the one in which Tenders are
invited, which experience should be any one of the following:
a Three similar completed works, each costing not less than Rs. 37.00 Lakhs
b Two similar completed works, each costing not less than Rs. 46.50 Lakhs
c One similar completed works, costing not less than Rs. 74.50 Lakhs

Note: 1. “Similar work” is defined as experience of successfully Carried out complete


Overhauling jobs of TEMA DEU Type (High Pressure Screw plug exchangers) exchangers
including Assembly and Dismantling of Screw, Channel cover, Channel box, internals,
Bundle pulling, Boxup of tube bundle with the minimum Hydrotest pressure of 76 ksc in
any Refinery / Fertilizer / Petrochemical plants / Power Plant.
2. All above indicated amounts are exclusive of Service Tax / GST.
3. Pre-qualification criteria with respect to Prior Turnover and Prior experience may be
relaxed for Micro & Small Enterprises (to the extent of 15%) as per GOI guidelines
subject to meeting of quality and technical specifications.
(For example, if PQC value applicable to other than MSE bidders is Rs. 100/-, the same
shall be Rs. 85/- for MSE bidders).

iii) Other Criteria:


a. Bidders who have been issued orders for similar works in MRPL during the last 5 years and/or
Bidders who have executed similar jobs in MRPL shall provide Satisfactory Performance
Certificate from MRPL
b. Bidder has to quote for all items as per price bid and this is to be confirmed in the format
provided along with the technical bid.

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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.

3. Other relevant documentary evidence for all the above mentioned


criteria. (As applicable for the tender)

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.

iv) Rejection Criteria:


1. Bids received after the due date and time of bid submission shall be summarily rejected.
2. Bids without EMD: Bids received without/ with insufficient EMD (in original with the
Technical Bid), before the bid closing date & time shall be summarily rejected. However, Govt.
Dept. /PSUs/ firms registered with NSIC/MSE (Micro & Small Enterprise), vendors registered
with District Industries Center (DIC), are exempted from submission of EMD. Such bidders
shall submit relevant documentary proof towards exemption, along with technical bid of the
tender.
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MRPL Tender No 3300005988 GCC, Rev-0

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

II) Bid Evaluation Criteria (BEC):

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

CLAUSE. No. DESCRIPTION

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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MRPL Tender No 3300005988 GCC, Rev-0
SECTION – C

INSTRUCTION TO BIDDER(S) (ITB)

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.

2.0 COST OF BIDDING:


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

3.0 SITE VISIT :


3.1 Bidder is advised to visit and examine the site and its surrounding and shall familiarize
himself of the existing facilities and environment and shall collect all other information
which he may require for preparing and submitting the Tender and entering into the contract.
Claims and objections due to ignorance of existing conditions or inadequacy of information
will not be considered after submission of the Bid and during the contract period / after
contract period. All costs for and associated with site visits shall be borne by the bidder.
3.2 The bidder and any of his personnel or authorised representatives will be granted permission
by the OWNER to enter upon its premises and lands for the purpose of such inspection, but
only upon the explicit condition that the bidder, its personnel or authorised representative
shall be understood to have released and indemnified the OWNER and its personnel from
and against all liability in respect thereof and will be responsible for personal injury
(whether fatal or otherwise), loss of or damage to property and any other loss, damage, cost
and expenses incurred as a result of such visit.

4.0 TENDER INSTRUCTIONS:


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MRPL Tender No 3300005988 GCC, Rev-0

4.1 The Tender document comprises of following sections:-


• Notice Inviting Tender.
• Pre-Qualification Criteria/Bid Evaluation criteria.
• Instruction to Bidder.
• General conditions of Contract.
• Formats of Credentials / EMD / Security Deposit, etc.
• Integrity pact, etc.
• PQC Compliance, Deviation statement, declaration, etc
• Scope of work / Special Conditions of Contract,
• Price bid format.
• Contract Workers Safety Policy.
4.2 The Tender Documents shall always be & remain the exclusive property of the Owner
without any right with the Bidder to use them for any purpose except for submitting the
tender in accordance with the provisions of these instructions by the prospective Bidders and
for use by the successful Bidder with reference to the work. The Owner shall have no
obligation to return to the Bidder the Tender Documents submitted by the Bidder.
4.3 The Tender shall be completely filled in all respects and shall be tendered together with
requisite information & annexure. The Bidder is expected to examine the Tender Documents,
including all instructions, specifications and drawings in the tendering document. Failure to
furnish all the information required by the tendering documents or tender incomplete in
particulars or submission of tender not substantially responsive to the tendering document in
every respect shall result in rejection of the Tender.
4.4 It is hereby stipulated that the Tenderers shall not affect any corrections/ alterations/
modifications in the Tender Documents and various formats contained therein. Any
correction/ alteration/ modification in the Tender Documents by the Bidder shall make their
tender liable for rejection.
4.5 Originals of the documents related to the tender should be produced as and when asked for
verification, and failure to produce such Original document(s) at specified date, time and
place would mean rejection of tender for further evaluation.
4.6 When person signing the Tender / agreement is not the sole Proprietor of the company the
original Power of Attorney or a Notary certified copy thereof authorizing such person to act
and sign on behalf of the company must be enclosed.
4.7 Date format should be DD/MM/YYYY (Date/Month/Year).
4.8 Bidders should get clarified all the technical doubts and other points related to the tender
before submitting the priced and un-priced offer.
4.9 MRPL reserves the right to accept or reject any or all tenders and at any stage of the tender
evaluation process at the company's sole discretion and without assigning any reason thereof.
4.10 Any false/fake/incorrect information submitted by the bidder/contractor while submitting the
bid will be liable for rejection of bid, action like Forfeiture of EMD, Cancellation of the
Order, Forfeiture of Security deposit including Banning/Holiday listing of the Bidder’s
Company/ Contractor in all ONGC/MRPL establishments.
4.11 Any false/fake/incorrect information surfaced out after award of job would lead to action like
Forfeiture of EMD, Cancellation of the Order, Forfeiture of Security deposit including
Banning/Holiday listing of the Bidder’s Company/ Contractor in all ONGC /MRPL
establishments.
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MRPL Tender No 3300005988 GCC, Rev-0
4.12 If the successful bidder, backs out during finalization of tender/after award of order, action
will be initiated by MRPL as deemed fit.
4.13 The tender terms/ conditions as per SCC (Special conditions of the contract) Supercedes all
similar terms prescribed under GCC/ Other Conditions of Contract (OCC).
4.14 MRPL reserves it right to seek the Originals if needs or inspect the documents at its premises
for verification and return. In case, it is found that the bidder has attempted to mislead MRPL
on any counts, MRPL many proceed with any action that is deemed fit.
4.15 “The item supplied / service provided shall be Environment friendly and Energy efficient”.

5.0 CLARIFICATION REQUESTS BY BIDDER:


5.1 Although the details presented in this Tender document consisting of Conditions of Contract,
Scope of Work, Technical Specifications and Drawings have been compiled with all
reasonable care, it is the Bidder’s responsibility to ensure that the information provided is
adequate and clearly understood.
5.2 Bidder shall examine the Tender document thoroughly in all respect and if any conflict,
discrepancy, error or omission is observed, Bidder may request clarification at any time up
to one week prior to the tender closing date. Such clarification requests shall be directed as
per the contact details mentioned in the NIT.
5.3 Any failure by Bidder to comply with the aforesaid requirement shall not excuse the Bidder,
after subsequent award of contract, from performing the work in accordance with the
agreement.

6.0 CORRIGENDUM/ ADDENDUM/ CLARIFICATION :


6.1 MRPL may, for any reason whether at his own initiative or in response to the clarification
requested by the prospective bidder, issue amendment in the form of
addendum/corrigendum/clarification during the Tender period and subsequent to receiving
the Tenders. Any addendum / corrigendum / clarification thus issued shall become part of
Tender document.
6.2 For addendum/corrigendum/clarification issued during the Tender period, Bidder shall
consider the impact in his Tender. For addendum/corrigendum/clarification(s) issued
subsequent to receiving the Tenders, Bidder shall follow the instructions issued along with
addendum/corrigendum/clarification(s).
6.3 Such Addendum / Corrigendum/ Clarification(s) shall be uploaded on the MRPL website
(https://mrpl.co.in) / Owner’s e-tendering portal and it will not be published in news paper.
Prospective bidders should visit the above MRPL website / MRPL’s e-procurement site from
time to time to make note of corrigendum/addendum/clarification if any. MRPL is not
responsible for non receipt of any communication / information of
addendum/corrigendum/clarification.
6.4 All such Addendum / Corrigendum / Clarification(s) issued shall form part of the Tender
Documents.
6.5 It is incumbent on all the Bidders to view, download, understand and furnish Addendum /
Corrigendum / Clarification(s) along with his/its/their tender. Any deviation/ clarification due
to non-receipt of Addendum / Corrigendum / Clarification(s) at later stage should not be
entertained. Any bid without copy of Addenda/ Corrigenda/ Clarification(s), if issued, as
mark of its acceptance may not be accepted.
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MRPL Tender No 3300005988 GCC, Rev-0

7.0 CONFIDENTIALITY OF BIDDING DOCUMENT:


7.1 All information disclosed to the Tenderers by way of the Tender Documents shall be
considered confidential and any person/ Tenderer shall not part with possession of the Tender
Documents or copy or disclose information thereof to any party, except as may be necessary
for carrying out the work. It is being understood that the Tender Documents have been
downloaded by the eligible Tenderer solely for the purpose of bidding. Where it is found that
any Tenderer has violated and has disclosed sensitive and vital information impugning on the
security of the installation/ national security, necessary action, as may be called for, may be
taken against the Tenderer concerned in addition to his being liable to be black listed and/ or
barred from participating in future bids.

8.0 LANGUAGE OF BID:


8.1 The Bid and all correspondence incidental to and concerning the Bid shall be in the English
Language. For supporting documents and printed literature submitted in any other language,
an equivalent English Translation shall also be submitted. Responsibility for correctness in
translation shall lie with the Bidder. In case of any conflict, for the purpose of interpretation
of the Bid, the English Translation shall govern.
8.2 In the event of submission of any document / certificate by the Bidder in a language other
than English, the English translation of the same duly authenticated by Chamber of
Commerce of Bidder's country shall be submitted by the Bidder.

9.0 PREPARATION AND SUBMISSION OF BIDS:


9.1 The offer must be complete in all respects, leaving no scope for ambiguity. Bidder is fully
responsible for the bid submitted and no relief or consideration can be given for errors and
omissions.
9.2 Date & Time of submission: Bid must be submitted by the due date and time mentioned in
the notice Inviting Tender / Letter inviting Bid or any extension thereof as duly notified in
writing on MRPL / e-tender website.
9.3 Bidder shall submit the offer in two parts:
Part I - Techno-Commercial (un-priced) bid and
Part II - Priced bid.
9.4 Price bid & technical bids if submitted together shall be summarily rejected.

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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MRPL Tender No 3300005988 GCC, Rev-0
- 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.

10.0 TENDERS INVITED THROUGH E-PROCUREMENT SYSTEM:


10.1 For tenders invited through E-Procurement System, bids shall be submitted through online
(EPS) mode only on the Owner’s e-tendering portal for tenders invited through e-
procurement mode.
10.2 Bidders to upload the Un-priced and Price part of their bids strictly in the Unpriced & Priced
folders respectively at the designated place in the e-tender portal. Non Compliance to the
same may lead to rejection of their offer.
10.3 Bids submitted in any other form through Telex/ Fax/ Telegram/ E-mail/ Courier/
Registered Post/ manually shall not be accepted.
10.4 However, documents which necessarily have to be submitted in originals like EMD and any
other documents mentioned in the Tender Documents have to be submitted offline. The
Owner shall not be responsible in any way for failure on the part of the Bidder to follow the
instructions.
10.5 Bidders should avoid the last minute rush to the website for registration of user id and
password, enabling of user id and mapping of Digital Signature, SI no, etc., since this
exercise require activities from MRPL and EPS provider and needs time. In the event of
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MRPL Tender No 3300005988 GCC, Rev-0
failure in bidder’s connectivity with MRPL/Service provider during the last few hours,
bidder is likely to miss the deadline for bid submission. Due date extension request due to
above reasons may not be entertained.
10.6 Bidders to note that the very act of using Digital Signature Certificate (DSC) for
downloading the bids and uploading their offers shall be deemed to be a confirmation that
they have read all pages of the bid document without any exception.

10.7 E-Procurement System Instructions :


10.7.1 Tender is invited on-line on the website www.tenderwizard.com/MRPL from the firms
having Class IIB or above Digital Signature Certificate (DSC) (with Signing & Encryption
Certificate) issued by any agency authorized by Controller of Certifying Authority (CCA),
Govt. of India.
10.7.2 Offers received online on the e-procurement portal only will be considered for evaluation.
10.7.3 The server date and time as appearing on website www.tenderwizard.com/MRPL shall only
be considered as cut-off time for receipt of tenders. Offers received by any other mode will
not be considered.
10.7.4 Bidders are responsible for obtaining the digital certificates for participation / submission of
bids at their cost.
10.7.5 The digital certificate shall be registered on the portal www.tenderwizard.com/MRPL and
bidders shall upload the bid well in time.
10.7.6 Bidder shall download the bidding manual, system requirement and vendor registration
manual and JRE setup for portal www.tenderwizard.com/MRPL to get acquainted with the
procedures for submitting the online bids and load their Bids well within the time provided
for bid submission to avoid last minute hassles
10.7.7 MRPL shall not be responsible for any delays occurred due to reasons whatsoever in
receiving as well as on line submission of offers, including internet connectivity, document
uploading/downloading issues etc.
10.7.8 Any corrigendum / amendment to the tender will be uploaded on e-Procurement site
www.tenderwizard.com/MRPL and will not be published through other mode. Prospective
bidders should visit the above MRPL e-Procurement site from time to time to make note of
corrigendum / amendment if any.
10.7.9 In case of any queries regarding registration, bid submission procedure and system related,
the bidder shall contact help desk of our e-procurement service provider M/s. ANTRES
SYSTEM Ltd., contact person Mr. Dilip Ranganath, contact no. 0824-
2882248.Email;[email protected].
10.7.10 Support details as mentioned below;

Support
Name Contact No. Email ID
Location
[email protected]
Mangalore Mr.DilipRanganath 0824-2882248 n

Mr.Mohan Kumar 080-49352000 [email protected]


Bangalore
Mr.PrabhuSwamy 080-49352000 [email protected]

Page 14 of 157
MRPL Tender No 3300005988 GCC, Rev-0

11.0 TENDERS INVITED ON MANUAL MODE:


11.1 For tenders invited through Manual mode submission, Offer shall be submitted in two parts
in two separate sealed covers:
Part-I Technical & Commercial (un-priced) bid and
Part –II Priced bid.
11.2 Both the sealed covers containing Part-I (Un priced Technical Bid) and Part-II (Priced Bid)
shall be put in one single cover and submitted by duly super-scribing Enquiry Number &
Bid Closing date to the following address, before due date and time :
Materials Department,
Mangalore Refinery and Petrochemicals Limited,
Kuthethoor, Katipalla, Mangalore 575 030.
Karnataka, India
11.3 In case offer received without super-scribing Tender Number it will be treated as unsolicited
offer.
11.4 MRPL will not be responsible for any loss of postal delay.

12.0 PRICE / SCHEDULE OF RATES (SOR) / BILL OF QUANTITIES :


12.1 Unless otherwise agreed to in the terms of the Purchase Order, the price shall be firm and not
subject to escalation for any reason whatsoever till the execution of entire Purchase
order/Contract, even though it might be necessary for the Purchase order /Contract execution
to take longer than the Completion period specified in the Purchase order/Contract.
12.2 The SOR shall be read in conjunction with all other sections of Tender document.
12.3 The price quoted by the Bidder shall be firm and fixed for the completion period of the
tendered works, unless stated otherwise.
12.4 Rates / amount must be filled in ‘Schedule of Rates / price bid’ only. In any case, Bidder
shall be presumed to have quoted against the tendered description of work and the same
shall be binding on the Bidder.
12.5 Bidder shall quote for all the items of ‘Schedule of Rates / price bid’ after careful analysis of
cost involved for the performance of the completed item(s) considering all parts of the
Tender document. In case any activity though specifically not covered in description of item
under ‘Schedule of Rates / price bid’ but is required to complete the work as per Scope of
Work, Scope of Supply, Specifications, Standards, Drawings, General Conditions of
Contract, Special Condition of Contract or any other part of Tender document, the item(s)
quoted price will deemed to be inclusive of cost incurred for such activity.
12.6 All item(s) of work in the Bill of Quantities shall be carried out as per the specifications, and
directions / instructions of the Engineer-in-charge and the rates are inclusive of labour,
supervision, as well as preparatory, incidental, intermediate / auxiliary / ancillary or enabling
works.
12.7 The rate shall include all expenditure incurred towards mobilisation and de-mobilisation. All
prices shall be quoted in Indian Rupees unless otherwise instructed.
12.8 Bidder shall be considered only if the bidder has quoted for all the items of the ‘Schedule of
Rates / price bid’ unless stated otherwise. Tenders which are received with some item(s) left

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MRPL Tender No 3300005988 GCC, Rev-0
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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MRPL Tender No 3300005988 GCC, Rev-0
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.

13.0 BID CURRENCY:


13.1 Bidders should quote firm prices in Indian rupee only unless otherwise specified else where
in this tender. Prices quoted in any other currency shall not be considered.
13.2 For Global tenders, Foreign Bidders may quote prices for materials and services to be
imported into India either in Indian Rupees or in Foreign Currency. For the purpose of this
clause and any other relevant provisions in these documents, Foreign Currency (FC) shall
mean and be limited to US DOLLARS, GREAT BRITAIN POUND, EURO and
JAPANESE YEN.
13.3 Bidders shall quote the price for materials and services to be procured from India and for
expenses to be incurred in India only in Indian Rupees.
13.4 For evaluation purposes, the bid price shall be converted to Indian Rupees by converting the
Foreign Currency into Indian Rupees at the RBI Exchange Rate prevailing on the day of
opening of the price bid.

14.0 EARNEST MONEY DEPOSIT (EMD):


14.1 EMD shall be submitted by way of Demand Draft in favour of M/s Mangalore Refinery and
Petrochemicals Limited, and payable at Mangalore. Bank Guarantee in place of demand
draft shall also be accepted as per format enclosed. BG shall be valid for 180 days from
the date of bid submission. Offer submitted without requisite / insufficient EMD will be
summarily rejected without assigning any reason.

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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MRPL Tender No 3300005988 GCC, Rev-0
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.

16.0 LATE BIDS:


16.1 Any bid received by MRPL after the deadline for submission of the bids (including
any extension(s) hereof) will be declared “Late” and shall be rejected.
16.2 The “Late Bid” shall be returned unopened to the bidder in due course in case of Manual
Tenders.

17.0 MODIFICATION AND WITHDRAWAL OF BIDS(APPLICABLE FOR E-


TENDERS ONLY):
17.1 The Bidder may modify or withdraw its bid after the bid’s submission, provided that the
modification or withdrawal is uploaded on e-tender website prior to the deadline prescribed
for submission of bids.

18.0 BID OPENING:


18.1 UN-PRICED (TECHNO-COMMERCIAL) BID OPENING:
18.1.1 Techno-Commercial (Un-priced) Part (Part-I) will be opened on the scheduled date and time.

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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MRPL Tender No 3300005988 GCC, Rev-0
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.

18.2 PRICE BID OPENING:


18.2.1 Price part of only those bidders, whose bids are considered techno-commercially acceptable,
shall be opened. Bidders selected for opening of their price bids shall be informed about the
date of price bid opening.
18.2.2 The Price Bid opening shall be done of e-tender portal and Bidders can also witness bid
opening by logging on to the E-Tendering website through their system using their valid
digital signature/certificate.
18.2.3 In case of manual tenders, bidders may depute their authorised representative during the
price bid opening with necessary authorisation letter.
18.2.4 Any unsolicited reduction in price offered by a bidder within the bid validity by way of
discount or revised prices, subsequent to the bid due date, shall not be taken into account for
comparison. However, such reduction in price shall be taken into account for ordering if
such bidder happens to be recommended as per the originally quoted prices.
18.2.5 In the event of any unsolicited price increase sought by any bidder, subsequent to the bid due
date, the bid of such a bidder shall be rejected, in case the bidder does not agree to withdraw
the price increase. However, in case the unsolicited price increase is known only after price
bid opening and the bidder’s comparative ranking changes by withdrawal of the price
increase, the Bidder shall not be allowed to withdraw the price increase and the bid shall be
rejected outright. But, if such a bidder is lowest with or without the price increase, the order
shall not be placed with price increase and if the bidder does not agree, the enquiry shall be
refloated.
18.2.6 Wherever, decision is taken to reject a bid, EMD, if submitted, by the Bidder, shall also be
forfeited and action as deemed fit.

19.0 BID EVALUATION AND AWARD CRITERIA:


19.1 The Owner reserves the right to consider/ evaluate only substantially responsive tenders. A
substantially responsive tender is one, which, in the opinion of the Owner (which shall be
final and binding on the Tenderer(s)), substantially conforms to all the terms, conditions,
specifications and requirements of the Tender Document without material deviations or
reservations in respect of any of the following:
- Scope, Quality or Performance of the work;
- The Owner’s rights or the Tenderer’s obligations under the contract as per the tender
documentation;
- Such deviations the correction of which would affect the competitive position of
other tenderers, who have submitted substantially responsive bids;
- Any tender unaccompanied by the Earnest Money in a form which is not acceptable
as per the Tender Documents, or falling short of the requirement of the Tender
Document, shall be liable for rejection.
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MRPL Tender No 3300005988 GCC, Rev-0
- MRPL reserves the right to use in-house information for assessment of capability of
bidder and their performance on jobs completed / in progress for evaluation purpose.
- Directives issued by Govt. of India from time to time shall be given due
consideration during bid evaluation.
19.2 Expressions like "can offer if required/ will be submitted later/ will be taken up during
detailed engineering after order is placed/ noted etc." will be construed as “TOTAL
NON-COMPLIANCE” and the Bid shall be deemed “NON-RESPONSIVE AND
INCOMPLETE” and may be summarily REJECTED.
19.3 Prior to detailed evaluation of bids, the Owner will determine whether each bid is
substantially responsive to the requirement of bidding documents. If the bid is not
substantially responsive to the requirements of the Tender Documents, it will be rejected by
the Owner, and may not subsequently be made responsive by the Bidder having corrected or
withdrawn the non-conforming deviation or reservation.
19.4 The requirements of specifications shall be approximately studied for compliance on each of
the points. The Bidder may explain clearly his stand on the specifications not complied with.
However bids in compliance to each point would be deemed “Responsive Bid”.
19.5 Bids which do not cover the complete scope of work will be treated as incomplete and shall
be rejected.
19.6 Bid stipulating completion period/delivery schedule beyond that specified may not be
considered.
19.7 Substantially responsive bids shall be evaluated by the Owner to ascertain the relative
position of the best evaluated bid in the interest of the Owner, for the total of the complete
supplies and services covered by the Tender Documents including Technical Specifications
and as set out in the Price Schedule.
19.8 The evaluation of bids shall be done on the basis of total prices quoted for the complete
scope of work and Supply, Services, Composite Works and conditions elsewhere as
specified in the tender.

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.

21.0 NOTIFICATION OF AWARD :


21.1 The lowest evaluated bid shall be accepted by owner for award. The Bidder, whose bid is
accepted by Owner shall be issued Order/Letter/Fax of Acceptance(LOA/FOA) prior to
expiry of bid validity. Bidder shall acknowledge the receipt.
21.2 MRPL shall not be obliged to furnish any information / clarification / explanation to the
unsuccessful Bidders as regards non-acceptance of their bids. Except for refund of EMD to
unsuccessful Bidders, MRPL shall correspond only with the successful bidder.

22.0 UNSOLICITED POST TENDER MODIFICATIONS:

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MRPL Tender No 3300005988 GCC, Rev-0
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.

23.0 CONTACTING MRPL :


23.1 No bidder shall contact the OWNER on any matter relating to its bid from the time of bid
opening till the time Contract is awarded, unless requested to do in writing. Any effort by a
bidder to influence the OWNER in the Owner’s decisions in respect of bid evaluation or
Contract award will result in the rejection of that bidder’s bid and action as deemed fit shall
be initiated against the bidder.

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.

25.0 COLLUSIVE BIDS:


25.1 In case it appears to the owner, after examining the tenders received, that any 2 (two) or
more tenders are collusive or otherwise manipulated to the disadvantage of the owner and
against the spirit of ethical competition, the owner reserves the right to summarily reject
such tenders. It shall not be incumbent on the owner to prove any collusion or other
malpractice in this regard.

26.0 MULTIPLE/ALTERNATIVE BID :


26.1 A bidder (i.e., the bidding entity) shall, on no account submit more than one bid either
directly (as a single bidder or as a member of consortium) or indirectly (as a sub-contractor)
failing which following actions shall be initiated:

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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.

27.0 CARTEL FORMATION :


27.1 In case any Bidder is found to be involved in cartel formation, his bid will not be considered
for evaluation / placement of Order. Such bidder will also be banned from bidding in future.

28.0 CORRUPT AND FRAUDULENT PRACTICES:


28.1 Bidders are required to furnish the complete and correct information/ documents required for
evaluation of their bids. If the information/ documents forming basis of evaluation is found
to be false/ fake/ forged, the same shall be considered adequate ground for rejection of the
bids and forfeiture of earnest money deposit.
28.2 OWNER requires that the CONTRACTOR observes the highest standard of ethics during
the execution of Contract. In pursuance of this policy, OWNER defines, for the purposes of
this provision, the terms set forth below as follows:
a. “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of
value to influence the action of public official in contract execution; and
b. “Fraudulent Practice” means a misrepresentation of facts in order to influence the
execution of a Contract to the detriment of OWNER, and includes collusive practice
among bidders (prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive OWNER of the benefits of free and open
competition.
c. “False/Fake” means to make or construct falsely. “Faked alibi” is a made,
manufactured, or false alibi. Something that is not what is purports to be; counterfeit, an
imposter.
d. “Forgery” means the false making or the material altering of a document with the intent
to defraud. A signature of a person that is made without the person’s consent and
without the person otherwise authorizing it. A person is guilty of forgery if, with the
purpose to defraud or injure anyone or with knowledge that he is facilitating a fraud or
injury to be perpetrated by anyone, the actor;
i. alters any writing of another without his authority
ii. makes, completes, authenticates, executes, issues or transfers any writing, so that it
purports to be the act of another who did not authorize that act or to have been
executed at a time or place or in a numbered sequence other than was in fact the case,
or to, be a copy of an original when no such original exists.
Utters any writing which he knows to be false in a manner specified in (i) & (ii)
above.
28.3 OWNER may terminate the Contract if it discovers subsequently that the Contractor had
engaged in Corrupt Practices or Fraudulent Practices in competing for the Contract.

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MRPL Tender No 3300005988 GCC, Rev-0
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.

29.0 PUBLIC UTILITY SERVICE :


29.1 The Bidder / Contractor shall take on record that MRPL has been declared as a Public Utility
Service under Industrial Dispute Act 1947 and Essential Services Maintenance Act 1994 and
various other provisions hereby undertake on their behalf and on behalf of the employees
under their roll that they refrain from indulging in any activity(ies) which would hamper
Industrial peace in MRPL and also would extend their Assistance and support to MRPL to
comply with the requirements within mentioned statutory requirement / declaration.

30.0 INTEGRITY PACT: (If applicable)


Integrity Pact documents has been attached herewith. The said document shall be signed in
all the pages by the signatory of the bidder, who signs the bid and returned with the techno-
commercial bid. Offer of those bidders who do not attach the Integrity Pact duly signed shall
be summarily rejected without any further reference to the bidder.

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.

32.0 HOLIDAY LISTING POLICY:


32.1 The Guidelines and procedures for Holiday Listing are available in MRPL website as
Holiday Listing Policy and shall be applicable in the context of all tenders and consequently
all Orders / Contracts / Purchase Orders. This can be accessed at URL www.mrpl.co.in refer
to Tenders - Holiday Listing Policy.
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MRPL Tender No 3300005988 GCC, Rev-0
32.2 Agencies participating in tenders are deemed to have read, accepted and agreed for the
Holiday Listing Policy of MRPL and shall not seek any damages/compensation from MRPL
on account of the Holiday Listing of business with the Agency.
32.3 DECLARATION : Any party or its associated company if had been in the holiday list /
black-listed/ banned by any Central / State Government agencies or any Central / State PSU
company or any Regulatory Institution/Authority and such name appears in the list of the
above mentioned central / state Government agencies or central / state PSUs or any
Regulatory Institution/Authority as on date is disqualified and would not be considered.
An affidavit to this effect/ or an affidavit that the vendor is not holiday listed / black
listed / banned by above mentioned Agencies is required to be produced, if called for
by MRPL, in the event of award of work order.

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MRPL Tender No 3300005988 GCC, Rev-0
SECTION-D
GENERAL CONDITIONS OF CONTRACT (GCC)
INDEX

CLAUSE. No. DESCRIPTION


SECTION - I
1.0 DEFINITIONS
SECTION - II
2.0 LOCATION AND ACCESS OF SITE
3.0 SCOPE OF WORK
4.0 CONSTRUCTION POWER & WATER
5.0 ACCOMODATION
6.0 TRANSPORTION
7.0 CONSTRUCTION EQUIPMENT
8.0 PUTTING UP OF BUILDINGS ON PROJECT SITE
SECTION - III
9.0 GENERAL GUIDELINES
10.0 CORRECTNESS OF DOCUMENT
11.0 EARNEST MONEY DEPOSIT
12.0 BID VALIDITY / BID OPENING
13.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER
14.0 TIME SCHEDULE/MOBILISATION/COMPLETION PERIOD
15.0 SITE ORGANISATION
16.0 UNDERGROUND AND OVERHEAD STRUCTURES
17.0 CO-ORDINATION WITH OTHER AGENCIES
18.0 NOTE TO SCHEDULE OF RATES
19.0 ACCEPTANCE OF TENDER
20.0 ISSUE OF WORK ORDER / LOI
SECTION - IV
21.0 INTERPRETATION OF CONTRACT DOCUMENTS
22.0 SECURITY DEPOSIT
23.0 RECOVERY OF SUMS DUE
24.0 FORCE MAJEURE CLAUSE
25.0 PRICE REDUCTION SCEHDULE
26.0 PENALTY CLAUSES
27.0 SUB-LEASING / OPERATION OF CONTRACT
28.0 CANCELLATION
29.0 TERMINATION
30.0 INSPECTION / OPERATION CONTRACT
31.0 MAKE OF EQUIPMENTS/COMPONENTS
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MRPL Tender No 3300005988 GCC, Rev-0

32.0 QUALITY ASSURANCE SYSTEM


33.0 TEST AND INSPECTION OF WORKS
34.0 DEFECT LIABILITY
35.0 LIMITATION OF LIABILITY
36.0 RISK PURCHASE CLAUSE
37.0 COPY RIGHT / TRADE MARK OF MRPL RELATED DISCIPLINE
38.0 ROYALTY
39.0 BUSINESS SECRET/MARKETING DISCIPLINE
40.0 SEVERABILITY
SECTION - V
41.0 PAYMENT TERMS
42.0 ADVANCE PAYMENT / MOBILISATION ADVANCE
SECTION - VI
43.0 ARBITRATION & CONCILIATION
44.0 JURISDICTION
SECTION - VII
45.0 TAXES AND DUTIES
46.0 CHANGE IN LAW
SECTION – VIII
47.0 MANPOWER EMPLOYED BY TENDERER
48.0 MEDICAL
49.0 LABOUR LAWS
50.0 LABOUR RELATIONS
CONTRACTOR’S LABOURERS TO LEAVE SITE ON COMPLETION OF THE
51.0 WORK
52.0 TEMPORARY WORKS
53.0 PROVIDENT FUND
54.0 OBSERVATION OF FORMALITIES RELATING TO PF, ESI REGISTRATIONS
55.0 INSURANCE
56.0 CONTRACTOR FURNISHED INSURANCE
VERIFICATION OF CHARACTER AND ANTECEDANTS OF CONTRACTUAL
57.0 MANPOWER
BROAD GUIDELINES FOR EFFECTIVE IMPLEMENTION OF CONTRACT
MANAGEMENT SYSTEM AND MEETING OF STATUTORY REQUIREMENTS IN
58.0 ENGAGEMENT OF SECONDARY WORK FORCE
DETAILS OF MINIMUM PAYMENT TO WORKFORCE EMPLOYED BY
59.0 CONTRACTOR
SECTION - IX
60.0 STATUTORY REQUIREMENTS / SAFETY RELATED ASPECTS
SECTION – X
GENERAL GUIDELINES TO SUPPLIERS (AS APPLICABLE) FOR ENVIRONMENT
61.0 AND ENERGY COMPATIBILITY

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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

GENERAL CONDITIONS OF CONTRACT (GCC)

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

2.0 LOCATION AND ACCESS OF SITE :


2.1 The work site is located within MRPL Refinery complex, Mangaluru / Refer SCC.

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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.

4.0 CONSTRUCTION POWER & WATER (If APPLICABLE):


Please refer SCC / Scope of work

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.

8.0 PUTTING UP OF BUILDINGS ON PROJECT SITE (If applicable) :


8.1 The contractor shall put up temporary structures as required by him for his office fabrication
shop and stores only on the area allocated to him on the Project Site. No tea stalls/canteens
should be put up or allowed to be put up by contractor in plant area without written
permission of the owner.
8.2 No Person other than authorised watchman shall be allowed to stay in the plant area after
completion of the days work without prior written permission of the Engineer-in-charge.

SECTION - III

9.0 GENERAL GUIDELINES (As applicable) :

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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.

10.0 CORRECTNESS OF DOCUMENT:


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

11.0 EARNEST MONEY DEPOSIT :


11.1 Incomplete tender/ tenders without requisite / insufficient EMD will be rejected. The
Company reserves the right to reject a tender or all the tenders without assigning any reason
whatsoever.
11.2 EMD may be paid in one of the following forms in a separate sealed cover.
i. Demand drafts or Pay Order drawn on Scheduled Bank in favour of MRPL, Mangalore.
ii. Bank Guarantee in prescribed format (enclosed) which is enclosed, executed by
scheduled / Nationalised Bank and valid for a period of 180 days.
iii. EMD to be sent to the concerned officer before due date/ time.
11.3 Company will not be responsible for loss or late / non receipt of EMD.
i. No interest shall be payable on Earnest Money Deposit.
ii. Late receipt of EMD will be summarily rejected.
iii. No Cheques will be accepted towards EMD.
11.4 Tender will be summarily rejected under following circumstances
i) EMD submitted in form of cheque.
ii) The name of tender mentioned in the BG is different from the tender for which bids
have been invited.
iii) The firm on whose behalf the BG has been furnished is different from the bidder
iv) The EMD is not of prescribed/requisite value.
v) The validity of the BG is less than the stipulated period.

11.5 Earnest Money is liable to be forfeited if tenderer.


i) Withdraws or modifies offer in full or part during the validity period.
ii) Failure of the bidder to honor their offer.
iii) Non acceptance of Purchase / Work Order placed by MRPL.
iv) Does not Confirm of acceptance of order within the stipulated time after placement of
order.
v) Inability to perform satisfactorily after receipt of order in case of successful bidder.
vi) If document(s)/certificate(s) submitted along with the bid are found false/fake,
fabricated, incorrect information.
vii) The name of the tender mentioned in the BG is different from the tender for which
bids have been invited.
viii) The firm on whose behalf the BG has been furnished is different from the bidder.
11.6 The following are exempted from payment of EMD.
i. The unit is registered with NSIC for the item tendered.
ii. In- line with the Government Directives, Small Scale Industrial Units registered with
National Small scale Industries Corporation (NSIC) under the single point registration
scheme shall be exempted from submitting EMD for items registered with NSIC and
upto the monetary limit specified in the registration certificate.
iii. MSE (Micro &. Small Enterprises) registered with DIC.
iv. MSEs who are having Udyog Aadhar Memorandum.
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v. PSU’S are exempted from payment of EMD.

11.7 Refund of EMD :


i. If the successful tenderer commences supplies / work and also lodges the security
deposit in the manner prescribed and within the period specified, MRPL shall return to
him Earnest Money Deposit, paid by him without any interest thereon.
ii. Earnest Money Deposit will be refunded to all unsuccessful tenderers after finalisation
of the Tender.

12.0 BID VALIDITY / BID OPENING :


12.1 The rate quoted against this tender shall be valid for a period as mentioned in the NIT (as
specified in from the date of opening of tenders and once the quotation is accepted and order
placed on the successful tenderers, the rate shall be valid for the full period of the contract
(INCLUDING THE EXTENDED PERIOD, IF OPTED BY MRPL).
12.2 Tenderers are requested to carefully study the entire tender document and the conditions so
specified before quoting their rates, no alteration in the tender rates quoted will be allowed.
12.3 The Technical bid opening for Public Tenders will be done on the same day of Bid closure.
12.4 The price bid of the qualifying parties will be opened online as per MRPL Procedures for e-
procurement tenders.

13.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:


13.1 The right to accept the tender will rest with the OWNER. The OWNER, however, does not
bind himself to accept the lowest tender, and reserves to itself the authority to reject any or
all the tenders received without assigning any reason whatsoever. At the option of the
Owner, the work for which the tender had been invited, may be awarded to one Contractor
or split between more than one bidders, in which case the award will be made for only that
part of the work, in respect of which the bid has been accepted. The quoted rates should hold
good for such eventualities. Tenders in which any of the particulars and prescribed
information are missing or are incomplete in any respect and/or the prescribed conditions are
not fulfilled are liable to be rejected. The Tender containing uncalled for remarks or any
additional conditions are liable to be rejected. Canvassing in connection with tenders is
strictly prohibited and tenders submitted by the Tenderers who resort to canvassing will be
liable to rejection.

14.0 TIME SCHEDULE/MOBILISATION/COMPLETION PERIOD – Refer SCC :


14.1 The WORK shall be executed strictly as per the TIME SCHEDULE specified in
TENDER/CONTRACT Document. The period of construction given in Time Schedule
includes the time required for mobilisation as well as testing, rectifications if any, retesting
and completion in all respects to the entire satisfaction of the ENGINEER-IN- CHARGE.

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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.

15.0 SITE ORGANISATION :


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

16.0 UNDERGROUND AND OVERHEAD STRUCTURES :


16.1 The Contractor will familiarise himself with and obtain information and details from the
Owner in respect of all existing structures, overhead lines, existing pipelines and utilities
existing at the job site before commencing work. The Contractor shall execute the work in
such a manner that the said structures, utilities, pipelines etc are not disturbed or damaged
and shall indemnify and keep indemnified the Owner from and against any destruction
thereof or damages thereto.

17.0 CO-ORDINATION WITH OTHER AGENCIES :


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

18.0 NOTE TO SCHEDULE OF RATES:


18.1 The Schedule of Rates should be read in conjunction with all the other sections of the tender.
18.2 The tenderer shall be deemed to have studied the DRAWINGS, SPECIFICATIONS and
details of work to be done within TIME SCHEDULE and to have acquainted him of the
condition prevailing at site.
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18.3 Rates must be filled in the Schedule of Rates of original Tender Documents. If quoted in
separate typed sheets no variation in item description or specification shall be accepted. Any
exceptions taken by the tenderer to the Schedule of Rates shall be brought out in the terms
and conditions of the offer.
18.4 The quantities shown against the various items are only approximate. Any increase or
decrease in the quantities shall not form the basis of alteration of the rates quoted and
accepted.
18.5 The Owner reserves the right to interpolate the rates for such items of work falling between
similar items of lower and higher magnitude.

19.0 ACCEPTANCE OF TENDER:


19.1 The Owner reserves the right to reject, accept or prefer any or all or part of the Tender or to
annul the bidding process at any time prior to award of Contract, without thereby incurring
any liability to the affected Bidders.
19.2 Although ordinarily the lowest responsive bid amongst the bids submitted by tenderers and
considered by the Owner as qualified and competent shall be preferred, the Owner reserves
the right not to accept the lowest bid if in its opinion this would not be in the interest of the
work.
19.3 Tenders in which any of the particulars and prescribed information is missing or is
incomplete in any respect and/or the prescribed conditions are not fulfilled shall be
considered non-responsive and are liable to be rejected.
19.4 The Owner may waive any minor infirmity or non-conformity or irregularity in a bid which
does not constitute a material deviation, provided such waiver does not prejudice or affect
the relative ranking of any Bidder.
19.5 The price bid of only those Bidders will be opened who are considered techno-commercially
acceptable to the Owner. Date of opening of the price bid shall be informed to the
technically qualified Bidders.
19.6 The decision of Owner for acceptance of tender shall be final.

20.0 ISSUE OF WORK ORDER/LOI :


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

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

21.0 INTERPRETATION OF CONTRACT DOCUMENTS:


21.1 The several Contract documents forming the Contract are to read together as a whole and are
to be taken as mutually explanatory.
21.2 Notwithstanding the sub divisions of the document into these separate sections and volumes
every part of each shall be deemed to be supplementary to and complementary of every
other part and shall be read with and into the contract so far as it may be practicable to do so.
21.3 In case of an irreconcilable contradiction in the commercial terms or conditions to the extent
that the two provisions cannot co-exist, the following shall prevail in order of precedence.
i) Contract Agreement
ii) Detailed Letter of Acceptance/Purchase Order/Work Order/Contract
iii) Statement of Agreed Variations
iv) Special Conditions of Contract
v) Instructions to Bidders
vi) Price Schedule
vii) General Conditions of Contract
viii) Any other documents forming part of the Contract.
21.4 Where any portion of the Special Conditions of Contract (SCC) is repugnant to or at
variance with any provisions of the General Conditions of Contract them unless a different
intention appears. the provision of the Special Conditions of Contract shall be deemed to
override the provisions of the General Conditions of Contract only to the extent such
repugnancies or variations in the Special Conditions of Contract as not possible of being
reconciled with the provisions of General Conditions of Contract.
21.5 Wherever it is stated anywhere in this tender document that such and such a supply is to be
effected or such and such a work is to be carried out, it shall be understood that the same
shall be effected/carried out by the contractor at his own cost, unless a different intention is
specifically and expressly stated herein or otherwise explicit from the context.
21.6 The materials, design and workmanship shall satisfy the relevant Indian Standards, the
Technical Specifications contained herein and codes referred to. Where the job
specifications stipulate requirements in addition to those job contained in the standard codes
and specifications, these additional requirements shall also be satisfied.
21.7 In case of an irreconcilable conflict between Indian or other applicable standards. General
Conditions of Contract, Special Conditions of Contact, Specifications, Drawings and/or
Schedule of Rates, the following shall prevail to the extent of such irreconcilable conflict in
order of precedence.
i) Formal Contract
ii) Detailed Letter of Acceptance
iii) Statement of Agreed Variations
iv) Job specifications / Scope of Work
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v) Drawings
vi) Technical / Material Specifications
vii) Quality Assurance Procedures
viii) Applicable Codes & Standards
ix) Special Conditions of Contract
x) General Conditions of Contract
xi) Price Schedule
xii) Instructions to Bidders
xiii)Any Other documents forming part of contract
21.8 It will be the Contractor's responsibility to bring to the notice of Engineer-in-charge any
irreconcilable conflict in the Contract documents before starting the work(s) or marking the
supply / service with reference to which the conflict exists.
21.9 In the absence of any Specifications covering any material, design or work(s) the same
shall be performed/supplied/executed in accordance with standard Engineering practice as
per the instructions/directions of the Engineer-in-charge, which will be binding on the
Contractor.
21.10 Headings and Marginal Notes: All headings and marginal notes to the clauses of these
General Conditions of Contract or to the SPECIFICATIONS or to any other Tender
Document are solely for the purpose of giving a concise indication and not a summary of
the contents thereof, and they shall never be deemed to be part thereof or be used in the
interpretation or construction thereof the CONTRACT.
21.11 Singular and Plural: In CONTRACT DOCUMENTS unless otherwise stated specifically,
the singular shall include the plural and vice versa wherever the context so requires.

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.

23.0 RECOVERY OF SUMS DUE :


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

24.0 FORCE MAJEURE CLAUSE :


24.1 “ Force Majeure” means any act, circumstance or event or a combination of acts,
circumstances and events which wholly or partially prevents or delays the performance of
obligations arising under this Agreement if such act, circumstance or event is not reasonably
within the control of and not caused by the fault or negligence of the non-performing Party,
and provided that such act, circumstance or event is in one or more of the following
categories:
i. Flood, drought, lightning, cyclone, earthquake or geological disturbances, eruption of
gases and such like natural occurrences.
ii. Major explosion, fire and contamination of atmosphere by radio active or hazardous
substances.
iii. Civil disturbance including riot, terrorism, rebellion, sabotage and communal clashes.
iv. Acts of God or the public enemy.
v. Any law, ordinance or order of the Central or State Government, or any direction of a
statutory regulatory authority that restricts performance of the obligations hereunder.
Any of the above acts, circumstances or events that affect any of MRPL’s or Contractor’s
subcontractors under this Agreement shall be deemed a Force Majeure event of the MRPL
or Contractor, as the case may be.
Provided that a Force Majeure act, circumstance or event shall not include economic
hardship, equipment failure or breakdown other than as specifically set forth above.

24.2 BURDEN OF PROOF :


In the event the Contractor(s) are unable to agree in good faith that a Force Majeure act,
circumstance or event has occurred, the Contractor(s) shall resolve the dispute in accordance
with the provisions of this Contract/Agreement. The burden of proof as to whether a Force
Majeure act, circumstance or event has occurred shall be upon the Contractor(s) claiming the
occurrence or existence of such Force Majeure act, circumstance or event.

24.3 EFFECT OF FORCE MAJEURE :


If either Contractor(s) is rendered wholly or partially unable to perform its obligations under
this Contract/Agreement because of a Force Majeure act, circumstance or event, that
Contractor(s) shall be excused from whatever performance is affected by the Force Majeure
act, circumstance or event to the extent so affected, provided that;
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i. Within five (5) Business Days after the occurrence of the inability to perform due to a
Force Majeure act, circumstance or event, the non-performing Contractor(s) provides a
written notice to the other Contractor(s) of the particulars of the occurrence, including
an estimation of its expected duration and probable impact on the performance of its
obligations hereunder, and continues to furnish periodic reports with respect thereto,
every 7 days, during the period of Force Majeure;
ii. the non-performing Contractor(s) shall use all reasonable efforts to continue to perform
its obligations hereunder and to correct or cure as soon as possible the act,
circumstance or event constituting the Force Majeure;
iii. The suspension of performance shall be of no greater scope and no longer duration than
is reasonably necessitated by the Force Majeure act, circumstance or event;
iv. The non-performing Contractor(s) shall provide the other Contractor(s) with prompt
notice of the cessation of the Force Majeure act, circumstance or event giving rise to
the excuse from performance and shall thereupon resume normal performance of
obligations under this Contract/Agreement with utmost promptitude;
v. The non-performance of any obligation of either Contractor(s) that was required to be
performed prior to the occurrence of a Force Majeure act, circumstance or event shall
not be excused as a result of such subsequent Force Majeure act, circumstance or event;
vi. The occurrence of a Force Majeure act, circumstance or event shall not relieve either
Contractor(s) from its obligations to make any payment hereunder for performance
rendered prior to the occurrence of Force Majeure or for partial performance hereunder
during periods of Force Majeure;
vii. The Force Majeure act, circumstance or event shall not relieve either Contractor(s)
from its obligation to comply with Applicable Laws;
The non-performing Contractor(s) shall exercise all reasonable efforts, at their own
expense, to mitigate or limit damages to the other Contractor(s) .

25.0 PRICE REDUCTION SCHEDULE (PRS)FOR DELAYS EXECUTION OF


CONTRACT:
25.1 If the successful tenderer commits any default or breach of terms and conditions of the Work
Order to be placed on them or fail in the due performance thereof within the time fixed by the
contract (which is the essence of the contract) and do not complete the entire supplies / work
on the stipulated due date, MRPL shall be entitled to recover from the successful tenderer by
way of compensation or Price Reduction schedule an amount calculated at the rate ½% value
of the contract price subject to a maximum of 5 % of value of the contract for every week or
part thereof the delay beyond the stipulated date.
25.2 PRS will be imposed on the cost of contract price of delayed in completing the work within
the scheduled time, except however, where, in the judgment of MRPL the executed partial
job/work quantity does not fulfil the operating need, PRS will be imposed on full value of
the Work Order.

25.3 Non Acceptance of PRS:


If the technically and commercially acceptable bidders are 3 or more, offers of other bidders,
if any, who are taking deviation in commercial terms, shall be rejected though they are
technically acceptable. However, if this tender result in less than 3 technically and
commercially acceptable offer, then the offers of those bidders who are technically

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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.

26.0 PENALTY CLAUSES:


26.1 Subject to non–compliance to any terms and conditions of the contract, the Engineer-in-
Charge may instruct the Contractor through written communication (by way of mail/ letter
or SMS) to suspend all/any ongoing activity (ies) at work site. The Contractor shall
immediately stop the ongoing work till further clearance from the Engineer-in-Charge to
restart the work is obtained. Time lost in the process shall be attributable to the Contractor
and shall not be entertained for request for time extension.
26.2 Penalty, subject to violation of terms attributable to the Contractor, shall be levied in RA
bills of the Contractor on failure to comply with terms and conditions of the contract.

27.0 SUB-LEASING/OPERATION OF CONTRACT:


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

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.

30.0 INSPECTION / OPERATION CONTRACT:


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

31.0 MAKE OF EQUIPMENTS/COMPONENTS :


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

32.0 QUALITY ASSURANCE SYSTEM ( As applicable) :


32.1 The Contractor shall include in his offer the Quality Assurance Programme containing the
overall quality management and procedures which is required to be adhered to during the
execution of contract. After the award of the contract, detailed quality assurance programme
to be followed for the execution of contract under various divisions of works will be
mutually discussed and agreed to.
32.2 The Contractor shall establish document and maintain an effective quality assurance system
as outlined in recognised codes.
32.3 Quality Assurance System plans/procedures of the Contractor shall be furnished in the form
of a QA manual. This document should cover details of the personnel responsible for the
quality assurance. , plans or procedures to be followed for quality control in respect of
Design, Engineering, Procurement, Supply, Installation, Testing and Commissioning. The
quality assurance system should indicate organizational approach for quality control and
quality assurance of the construction activities at all stages of work at site as well as at
manufacturer’s works and despatch of materials.
32.4 The Owner/or their representative shall reserve the right to inspect/witness review any or all
stages of work at shop/site as deemed necessary for quality assurance.
32.5 The Contractor has to ensure the deployment of quality Assurance and Quality control
Engineer(S) depending upon the quantum of work. This QA/QC group shall be fully
responsible to carryout the work as per standards and all code requirements. In case
Engineer-in-Charge feels that contractor’s QA/QC Engineer(S) are incompetent or
insufficient contractor has to deploy other experienced Engineer(s) as per site requirement
and to the full satisfaction of Engineer-In-Charge.

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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

33.0 TEST AND INSPECTION OF WORKS :


33.1 The Contractor shall carry out the various tests as per direction of Engineer-in-Charge either
on field or outside/laboratories concerning the execution of work and supply of the material
by contractor. All the expenses shall be borne by the contractor and shall be considered as
included in the rates quoted.
33.2 The inspection shall be done by the following agencies:
(a) Representative deputed by Engineer-in-charge
(b) Representative deputed by Statutory Authority
33.3 Contractor shall give prior notice sufficiently ahead of time to the Engineer-in-charge and
also to the authorities to conduct inspection/to witness such test.
33.4 The work is subject to inspection at all times by the Engineer-in-Charge. The Contractor
shall carry out all instructions given during inspection and shall ensure that the work is being
carried out according to the technical specifications of this tender, the technical documents
and the relevant codes of practice furnished to him during the performance of the work.

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.

34.0 DEFECT LIABILITY (If Applicable) :


34.1 PBG for 10% of the Contract value/Executed value for the defect liability period (Pl refer
SCC) shall be submitted. This shall be after completion of the contracted work/from the date
of Issue of Completion Certificate. SD shall be released after successful completion of the
contract subject to submission of PBG for 10% of the Contract value/Executed value for the
defect liability period.
34.2 The CONTRACTOR shall guarantee the installation/WORK for a period of 12 months from
the date of completion of WORK (or as specified in the SCC/Scope of work) as certified by
the ENGINEER-IN-CHARGE which is indicated in the Completion Certificate. Any
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damage or defect that may arise or lie undiscovered at the time of issue of Completion
Certificate, connected in any way with the equipment or materials supplied by him or in the
workmanship, shall be rectified or replaced by the CONTRACTOR at his own expense as
deemed necessary by the ENGINEER-IN-CHARGE or in default, the ENGINEER- IN-
CHARGE may carry out such works by other work and deduct actual cost incurred towards
labour, supervision and materials consumables or otherwise plus 100% towards overheads
(of which the certificate of ENGINEER-IN-CHARGE shall be final) from any sums that
may then be or at any time thereafter, become due to the CONTRACTOR or from his
Contract Performance Security, or the proceeds of sale thereof or a sufficient part on thereof.
34.3 If the CONTRACTOR feels that any variation in WORK or in quality of materials or
proportions would be beneficial or necessary to fulfil the guarantees called for, he shall bring
this to the notice of the ENGINEER- IN-CHARGE in writing. If during the period of
liability any portion of the WORK/equipment, is found defective and is rectified/ replaced,
the period of liability for such equipment/ portion of WORK shall be operative from the date
such rectification/ replacement are carried out and Contract Performance Guarantee shall be
furnished separately for the extended period of liability for that portion of WORK/
equipment only. Notwithstanding the above provisions the supplier's, guarantees/warrantees
for the replaced equipment shall also be passed on to the EMPLOYER.

35.0 LIMITATION OF LIABILITY :


35.1 The aggregate total liability of the Contractor to Owner under the Contract shall not exceed
the total Contract Price, except that this Clause shall not limit the liability of the Contractor
for following:
(a) In the event of breach of any Applicable Law;
(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross negligence
of the Contractor or any person acting on behalf of the Contractor; or
(c) In the event of acts or omissions of the Contractor which are contrary to the most
elementary rules of diligence which a conscientious Contractor would have followed in
similar circumstances; or
(d) In the event of any claim or loss or damage arising out of infringement of Intellectual
Property; or
(e) For any damage to any third party, including death or injury of any third party caused by
the Contractor or any person or firm acting on behalf of the Contractor in executing the
Works.
35.2 Neither Party shall be liable to the other Party for any kind of indirect nor consequential loss
or damage like, loss of use, loss of profit, loss of production or business interruption which
is connected with any claim arising under the Contract.
36.0 RISK PURCHASE CLAUSE :
In the event of Contractor not accepting/not meeting the indent/order/contract placed by the
Owner with in the stipulated time, then Owner would be free to use the services of any
others and recover the difference in such services and additional expenses incurred by the
Owner from the Contractor.

37.0 COPY RIGHT /TRADE MARK OF MRPL RELATED DISCIPLINE:

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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.

39.0 BUSINESS SECRET/MARKETING DISCIPLINE :


39.1 It is hereby specifically agreed by the successful tenderer that this clause shall be deemed to
be a condition going to the root of this offer, that the successful tenderer shall not at any time
during the subsistence of this contract or any time after its termination, call itself or hold out
itself, advertise in any manner whatsoever by publication or otherwise, by printing, in
writing or by any visual representation, either in it's letter heads or news paper or magazines
or leaflets, or by broadcasts over radio or by television or by any other media communication
or In any manner whatsoever other than the appropriate Government Authorities to the extent
necessary unless so permitted in writing by MRPL.
39.2 The successful tenderer hereby agrees and undertakes not to disclose to any party
whatsoever any formulate blend order, specifications, trade secrets, marketing projection or
intelligence or any other data or information and shall keep absolute secrecy in all matters
pertaining to this offer, all correspondence relating thereto, all instructions given or anything
having any relevance with the offer on any matter touching or arising out of this
arrangement including the Books, Accounts, papers and correspondence and shall keep
strictest secrecy and confidence thereto to any person whomsoever other than appropriate
Government Authorities to the extent necessary, unless directed to do so by MRPL in
writing.

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.

41.4 PAYMENT MODE :


All payments shall be through electronic mode (RTGS/NEFT). Therefore, vendors are
requested to furnish the information as per attached format on issue of order to successful
bidder. Any change in the particulars shall be immediately informed to MRPL.

42.0 ADVANCE PAYMENT/MOBILISATION ADVANCE :


42.1 MRPL do not entertain Advance payment to the successful bidder.
42.2 In case, mobilization advance is insisted by any bidder, the same shall be decided on need
basis only with Interest bearing. Such Advance will be made only after submission of bank
guarantee for 110 % of advance amount.
42.3 The bank guarantee shall be submitted strictly as per the BG format enclosed with this tender
document. No changes in Format will be allowed.
42.4 The advance payment will be released only after receipt of confirmation of BG directly from
the BG Issuing bank. Such confirmation is accepted in the form of E-Mail from Bank
directly, Direct Fax message, are through mails(Register/speed post/courier etc).
42.5 Interest charges shall be payable on the advance amount paid @ SBI lending rate prevailing
at the time of release of payment plus 2 %.
42.6 Interest bearing advance payment shall be released in 2 or more installments/Stages as
mutually agreed, based on progress of the work/Mobilization. The next/subsequent
installment of such Advance shall be released only after submission of utilization certificate
for the previous Advance installment made to the party.
42.7 Part BG’s based on advance installments are also allowed.
42.8 The advance payment is recoverable proportionately from the progressive bills duly certified
by the Engineer in Charge. Full Advance will be recovered against payments due on
Mechanical completion of the work/completion of supply as applicable. Such recovery shall
be time based, but not essentially linked with progress of work.
42.9 Interest free advance payment is not allowed for any cases.
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SECTION - VI

43.0 ARBITRATION & CONCILIATION:


Parties hereby agree as under:
If any difference or dispute (hereinafter referred as “Dispute”) under the Contract arises, the party
shall give a 60 days written notice ("Dispute Notice") to the identified officer of the other party
mentioned in the Contract giving details of the Dispute. The Parties shall use all reasonable
endeavours to resolve the Dispute mutually and amicably. All efforts by either party within these 60
days Dispute Notice Period shall be kept confidential by both the parties under Section 75 of the
Arbitration and Conciliation Act, 1996. Parties shall not rely upon any views expressed or
suggestions made by the other party, admissions made by the other party or the fact that the other
party had indicated his willingness to enter into a settlement as evidence in any Forum / arbitration /
court proceeding.
If Parties are unable to resolve the Dispute amicably within 60 days of receipt of the Dispute
Notice, then after expiry of the 60 days’ Dispute notice period, the aggrieved Party can refer the
Dispute to conciliation and / or arbitration subject to terms and conditions contained herein below:
1) Parties further agree that following matters shall not be referred to Conciliation or Arbitration:
i) Any claim, difference or dispute relating to, connected with or arising out of MRPL decision to
initiate any proceedings for suspension or banning, or decision to suspend or to ban business
dealings with the Bidder / Contractor and/or with any other person involved or connected or dealing
with bid / contract / bidder / contractor.
ii) Any claim, difference or dispute relating to, connected with or arising out of MRPL decision
under the provisions of Integrity Pact executed between MRPL and the Bidder / Contractor.
2) Part-I :Conciliation(Not applicable in contracts valuing less than Rs. 10 lakhs)
3) Part-II :Arbitration (Not applicable in contracts valuing less than ` 5 lakhs) If the parties are not
able to resolve the dispute through OEC or do not opt for conciliation through OEC, the party may
invoke arbitration clause as provided in the contract.
PART - I : CONCILIATION :Resolution of disputes through conciliation by OEC (Not
applicable in Contracts valuing less than Rs.10 lakhs):
If any dispute, difference, question or disagreement arises between the parties hereto or their
respective representatives or assignees, in connection with construction, meaning, operation, effect,
interpretation of the contract or breach thereof which parties are unable to settle mutually, the same
may first be referred to conciliation through Outside Expert Committee (“OEC”) to be constituted
by MD, MRPL as provided hereunder:
Submission of proposal for OEC
1. Conciliation through OEC will be resorted in all cases involving disputed amount upto` 250
crores only. The disputed amount will be calculated by considering the amount of claim and
counter-claim of the parties.
2. Claimant shall give a 30 days notice for conciliation. In cases where the contractor is
claimant then the notice shall be given to the concerned MRPL office as per the contract,
clearly bringing out the points of dispute and the amount claimed with documents in support
of the claim and the party concerned shall not raise any new issue thereafter.

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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.

Proceedings before OEC


7. The claimant shall submit its statement of claims to OEC members, and to the party(s)
prescribed in the appointment letter within 30 days of the issue of the appointment letter.
The claims shall be raised as per the format at Annexure A2.
8. The respondent shall file its reply and counter claim (if any) within 30 days of the receipt of
the statement of claims. (As per aforesaid format at Annexure A2).
9. Parties may file their rejoinder/additional documents, if any in support of their claim/counter
claim within next 15 days. No documents shall be allowed thereafter.
10. OEC will commence its meetings only after completion of the pleadings.
11. In case of 3 members OEC, 2 members will constitute a valid quorum and the meeting can
take place to proceed in the matter after seeking consent from the member who is not
available. If necessary video conferencing may be arranged. However, OEC
Recommendations will be signed by all Members. Further, efforts must be made for
unanimous recommendations.

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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MRPL Tender No 3300005988 GCC, Rev-0
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.

Actions after OEC Recommendations


21. The recommendations of OEC are non-binding and the parties may decide to accept or not
to accept the same. Parties are at liberty to accept the OEC recommendation with any
modification they may deem fit.
22. The contractor shall give its response to MRPL within 7 days of receiving OEC
Recommendation.
23. If the recommendations are acceptable to the contractor partly or fully, MRPL will consider
and take a decision on OEC recommendations. MRPL shall communicate its decision to the
contractor. If decision of MRPL is acceptable to the contractor, a settlement agreement
under Section 73 of the Arbitration and Conciliation Act, 1996 will be signed within 15 days
of contractor’s acceptance and same shall be authenticated by all the OEC Members.
24. The timelines mentioned in the above guidelines are with an objective to achieve
expeditious conclusion of OEC proceedings. However, it does not mean that any action
beyond the timelines will be invalid. However, the party concerned will make all efforts to
complete the actions within the stipulated time.
25. Parties shall keep confidential matters relating to the conciliation proceedings including
minutes of OEC meeting and Recommendations of OEC. Parties shall not rely upon them as
evidence in any Forum/arbitration/court proceeding, whether or not such proceedings relate
to the dispute that is the subject of the conciliation proceedings,
a. Views expressed or suggestions made by the other party in respect of a possible
settlement of the dispute.
b. Admissions made by the other party in the course of the OEC proceedings;
c. Proposals made by the OEC;
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MRPL Tender No 3300005988 GCC, Rev-0
d. The fact that the other party had indicated his willingness to accept a proposal for
settlement made by the OEC.
26. Confidentiality extends also to the settlement agreement, except where its disclosure is
necessary for purposes of implementation and enforcement. This stipulation will not apply
to disclosure made by MRPL to Govt. of India, if required.
27. Subject to terms and conditions contained in the above paras, the provisions of the Part III of
Arbitration and Conciliation Act, 1996 shall be acceptable to the conciliation proceedings
and the parties and the OEC members shall be bound by the same.
28. If the parties are not able to resolve the dispute through OEC or do not opt for conciliation
through OEC, the party may invoke arbitration clause as provided in the contract.

29. Fees and Facility to the OEC Members :


OEC members shall be entitled for the following fees plus applicable taxes per member and
facilities :

Sl. No Fees/Facility Entitlement To be paid by


1. Fees Rs 20,000/- per meeting subject to Contractor
maximum of Rs. 2,00,000/-* for the
whole case. In addition, one OEC
member chosen by OEC shall be paid
an additional amount of Rs 10,000/-
towards secretarial expenses in
writing minutes/ OEC
Recommendations.
2. Fee for attending meeting/s to Rs 10,000/- Contractor
authenticate the settlement
agreement.
3. Transportation in the city of Car as per entitlement or Rs 2,000/- Contractor
meeting per day
4. Venue of the meeting MRPL conference rooms/Hotels MRPL
Facilities to be provided to the out-stationed member
5. Travel from the city of Business class air tickets/first class Contractor
residence to the city of meeting train tickets/ car/ reimbursement of
actual fare. However, entitlement of
air travel by Business class shall be
subject to austerity measures, if any,
ordered by Govt. of India.

6. Transport to and fro airport / Car as per entitlement or Rs3,000/- Contractor


railway station in the city of
residence
7. Stay for out stationed members 5 Star Hotel MRPL
8. Transport in the city of meeting Car as per entitlement or Rs 2,000/- Contractor
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per day
* except in exceptional cases, where the no. of meetings may extend beyond 10.

PART – II :ARBITRATION (Applicable in case of supply orders/Contracts with firms, other


than Public Sector Enterprises) (Not applicable in contracts valuing less than ` 5 lakhs)
Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or
disagreement arises between the parties hereto or their respective representatives or assignees, in
connection with construction, meaning, operation, effect, interpretation of the contract or breach
thereof which parties are unable to settle mutually or through conciliation, the same shall be
referred to Arbitration as provided hereunder:
1. There shall be no arbitration for disputes involving claims upto` 25 lakhs and more than `
100 crores. The disputed amount will be calculated by considering the amount of claim and
counter-claim of the parties. Unresolved disputes involving claims above ` 100 crores shall
be adjudicated under the Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts Act, 2015.
2. A party wishing to commence arbitration proceeding shall invoke Arbitration Clause by
giving 60 days’ notice to the other party. The notice invoking arbitration shall specify all the
points of disputes with details of the amount claimed to be referred to arbitration at the time
of invocation of arbitration and not thereafter. If the claim is in foreign currency, the
claimant shall indicate its value in Indian Rupee for the purpose of constitution of the
arbitral tribunal.
3. Arbitration can be invoked by giving Invocation Notice only after expiry of the 60 days’
period as per Dispute Notice.
4. For a dispute involving claims above ` 25 lacs and upto` 5 crores, in case other party is
Claimant, MRPL will forward a list containing names of five jurists to the other party for
selecting one from the list who will be appointed as sole arbitrator by MRPL. In case MRPL
itself is the Claimant, it shall appoint the Sole Arbitrator by invoking the Arbitration clause
and inform the Contractor. Such dispute shall be resolved on fast track procedure specified
in Section 29B of the Arbitration and Conciliation Act, 1996.
5. For a dispute involving claims above ` 5 crores and upto` 100 crore, the claimant shall
appoint an Arbitrator and communicate the same to the other Party in the Invocation Notice
itself along with the copy of disclosure made by nominated Arbitrator in the form specified
in Sixth Schedule of the Arbitration & Conciliation Act, 1996. For the purpose of Section
21, the Arbitration Proceeding shall commence only upon date of receipt of Invocation
Notice complete in all respects mentioned above. The other Party shall then appoint the
second Arbitrator within 15 days from the date of receipt of written notice. The two
Arbitrators appointed by the Parties shall appoint the third Arbitrator, within 30 days, who
shall be the Presiding Arbitrator. The parties agree that they shall appoint only those persons
as arbitrators who accept the conditions of this arbitration clause. No person shall be
appointed as arbitrator or presiding arbitrator who does not accept the conditions of this
arbitration clause.
6. For the purpose of appointment of Arbitrator(s), claims amount shall be computed excluding
claim for interest, if any.
7. The parties agree that they shall appoint only those persons as arbitrators who accept the
conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding
arbitrator who does not accept the conditions of this arbitration clause.
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8. Parties agree that there will be no objection if the Arbitrator appointed holds equity shares of
MRPL and/or is a retired officer of MRPL / any PSU. However, neither party shall appoint
its serving employee as arbitrator and shall have been retired before 3 years on the date of
commencement of the Arbitration.
9. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for
any reason from the proceedings, it shall be lawful for the concerned party/arbitrators to
appoint another person in his place in the same manner as aforesaid. Such person shall
proceed with the reference from the stage where his predecessor had left if both parties
consent for the same; otherwise, he shall proceed de novo.
10. Parties agree that neither party shall be entitled for any pre-reference or pendente-lite
interest on its claims, i.e. date of cause of action till date of Award by Arbitral Tribunal.
Parties agree that claim for any such interest shall not be considered and shall be void. The
Arbitrator / Tribunal shall have no right to award pre-reference or pendente-lite interest in
the matter.
11. The arbitral tribunal shall make and publish the award within time stipulated as under:

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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MRPL Tender No 3300005988 GCC, Rev-0
(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.

Arbitration Clause applicable in case of Purchase Orders/ Contracts on Public Sector


Enterprises
Ref: No.4 (1) /2011-DPE (PMA)-GL, Government of India, Department of Public Enterprises.
th
Dated 12 June 2013
In the event of any dispute or difference relating to, arising from or connected with the
CONTRACT, such dispute or difference shall be referred by either party to the arbitration of one of
the Arbitrators in the Department of Public Enterprises, to be nominated by the Secretary to the
Government of India, In charge of the Bureau of Public Enterprises.
The Arbitration and Conciliation Act 1996 shall not be applicable to the Arbitration under this
clause.
The award of the Arbitrator shall be binding upon the parties to the dispute, provided however, any
party aggrieved by such award may make a further reference for setting aside or revision of the
award to the Law Secretary, Deptt. of Legal Affairs, Ministry of Law and Justice, Government of
India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special
Secretary / Additional Secretary, whose decision shall bind the parties finally and conclusively.
The parties in the dispute will share equally the cost of the arbitration as intimated by the Arbitrator

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Annexure A1
Declaration of independence and impartiality by OEC Member
To,
1. MRPL …………………

2. Contractor…………………….

Subject: Declaration of independence and impartiality by OEC Member in the dispute


between MRPL ………..And………………….under Contract No…………………………..
I, the undersigned, hereby accept to act as Member of the Expert Committee and conciliate in the
disputes under reference between the parties above named.
I confirm that I am aware of the requirements of law particularly of the Arbitration and Conciliation
Act, 1996, to act as a conciliator. I am able to act as conciliator and I am available to act as Member
of the Expert Committee.
I hereby declare that I am independent of each of the parties and have no ownership interest in any
part of the contract under reference or any financial interest in the said contract. I have no interest in
the outcome of the dispute or its settlement.
I hereby affirm that I shall act with honesty, integrity, diligence, and will remain independent and
impartial while discharging my duties as conciliator/OEC Member. I will disclose any interest or
relationship with the parties or the subject matter which might compromise in any manner my
ability or capacity to remain impartial and independent in the matter.
The fees and other facilities offered to me and the terms and conditions contained in the appoint
letter and guidelines issued by MRPL are acceptable to me. I will not demand for enhancement of
the same.
(Signature)
Name:
Address:
Phone:
Email:
Date:

Annexure - A2
STATEMENT OF CLAIM(S)/COUNTERCLAIM(S)
1. Chronology of the dispute

2. Brief of the contract

3. Brief history of the dispute:

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MRPL Tender No 3300005988 GCC, Rev-0
4. Issues:

5. Details of claim(s)/Counter Claim(s):


Sl. Description of claim(s)/Counter Amount (in Relevant
No. Claim INR/USD) contract Clause

6. Basis/Ground of claim(s)/counter claim(s) (along with relevant clause of contract)


Statement of claims may kindly be restricted to maximum limit of 20 pages. Relevant documents
may be compiled and submitted along with the statement of claims. The statement of claims is to be
submitted to all OEC members, to other party and to the office of Head Legal Services-MRPL, by
post as well as mail.

Authorized Signatory of the Claimant


Place : Contact No. :
Date : Email :

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

45.0 TAXES and DUTIES:


45.1 INDIAN TAXES / DUTIES

45.1.1 Goods and Services Tax (GST)


45.1.2 The quoted price shall be inclusive of all taxes / duties / cess / levies / fees / charges etc.
except "Goods and Services Tax" (hereinafter called GST, i.e. IGST or CGST and
SGST/UTGST) as levied with respect to vendor/supplier/contractors’ scope of work / scope
of supply, till the completion of the work / supply and shall be borne and paid by the
Vendor/Supplier/Contractor.
45.1.3 The quoted price shall be deemed to be inclusive of all taxes / duties / cess / levies / fees /
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charges etc. including GST as applicable and bidder shall only within their quoted price be
liable to pay and bear any and all duties, taxes, levies, fees, cesses, charges etc. payable or
liable to be payable on any goods, equipment, materials or services imported into India or
procured within any local limits for incorporation in the work(s).
45.1.4 Applicable GST as quoted shall not be considered for evaluation to the extent of input Tax
credit (as applicable) %, as MRPL will claim Input credit on the same. Balance (as
applicable) % of GST shall be considered for evaluation.
45.1.5 Vendor/Supplier/Contractor shall issue tax invoice in accordance with GST laws so that
input credit of GST paid can be availed by MRPL. All essential documents such as credit /
debit notes for any reason, if any, shall be issued to MRPL as per GST laws. In case
Vendor/Supplier/Contractor fails to provide the invoice / other documents in the form and
manner prescribed under the GST Act read with GST Rules thereunder, MRPL shall not be
liable to make payment of GST against such invoice/documents.
45.1.6 Vendor/Supplier/Contractor shall forthwith upload the appropriate documents / details at
GST common portal complying with all GST regulations including but not limited to
payment of GST by Vendor/Supplier/Contractor and submit proof of payment of GST. In
case of non-receipt of tax invoice or non-payment of GST by the
Vendor/Supplier/Contractor, MRPL shall withhold the payment.
45.1.7 GST payable under reverse charge, if any, shall not be paid to the
Vendor/Supplier/Contractor if the same has already been reimbursed / paid to the
Vendor/Supplier/Contractor for any reason whatsoever, the said amount shall be deducted /
recovered / adjusted from payment or any due of the Vendor/Supplier/Contractor.
45.1.8 Notwithstanding anything contained anywhere in the Purchase Order/Work Order, in the
event that the input tax credit of the GST charged by the Vendor/Supplier/Contractor is
denied by the tax authorities to MRPL, due to reasons attributable to
Vendor/Supplier/Contractor, MRPL shall be entitled to recover such amount from the
Vendor/Supplier/Contractor by way of adjustment from the next invoice or from Bank
Guarantee or any manner possible. In addition to the amount of GST, MRPL shall also be
entitled to recover interest and/or penalty, as the case may be, imposed by the tax authorities
on MRPL.
45.1.9 TDS under GST, if applicable, shall be deducted from Vendor/Supplier/Contractors’ bill/Tax
Invoice/Debit Note at applicable rate in force under GST law and a certificate as per
prescribed Rules under GST laws for tax the deducted shall be provided to the
Vendor/Supplier/Contractor.
45.1.10 All the returns and details required to be filed under GST laws & rules shall be timely filed
by the bidder with requisite details. The Bidder shall be liable for and shall pay any and all
fees, cesses, taxes, duties, charges, levies etc. assessable against the bidder.
45.1.11 In addition, the Bidder shall be liable for payment of all duties, levies, taxes, cesses,
charges, fees etc. assessable against the bidder or bidder’s employees or their Sub
Vendor/Supplier/Contractor whether corporate or personal or in respect of property.
45.1.12 MRPL reserves the right to suspend / cancel / terminate the contract in the event of frequent
/ multiple / repeated defaults by the Vendor/Supplier/Contractor in complying with the
above requirements as per GST.
45.1.13 Payment to Vendor/Supplier/Contractor shall be net of tax deduction / tax collection at
source, if any, applicable as per laws / rules from time to time.
45.1.14 Any errors of interpretation of applicability of all taxes / duties / cess / levies / fees / Page
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MRPL Tender No 3300005988 GCC, Rev-0
charges etc. by the Bidder shall be to Bidder’s account and shall be deemed to have been
included in the quoted price.

45.2 STATUTORY VARIATIONS OF TAXES/DUTIES:


45.2.1 No variation on account of taxes / duties / cess / levies / fees / charges etc., statutory or
otherwise, shall be payable by MRPL to Bidder except for GST. However, any statutory
variation for GST shall be payable up to date of completion or approved extended date
against documentary evidence.
45.2.2 Any increase in the rates of GST beyond the CDD [contractual delivery date or approved
extended date] will be borne by MRPL to the extent of Input Tax Credit available to MRPL
and MRPL is in a position to get/avail the Input Tax Credit from the GST authorities.
45.2.3 Any reduction in Taxes / duties / cess / levies / fees / charges etc. shall be passed on to
MRPL.
45.2.4 Any variation in GST at the time of supplies for any reasons, other than statutory, including
variations due to turnover, shall be borne by bidder and shall be deemed to have been
included in the quoted price.

45.3 NEW TAXES AND DUTIES:


45.3.1 All new taxes / duties / cess / levies / fees / charges notified after the date of unpriced bid
opening / submission of any subsequent price implication / revised prices, but within
delivery or completion period / extended delivery or completion period, shall be to MRPL’s
account. These shall be reimbursed against documentary evidence. However, in case of
delay attributable to Vendor/Supplier/Contractor, any new taxes / duties / cess / levies / fees
/ charges imposed after contractual time of delivery / completion, shall be to
Vendor/Supplier/Contractor account.

45.4 IMPORTS AND CUSTOMS DUTIES:

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.

45.4.3 Direct imported supplies by Foreign suppliers

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.

45.6 LOADING OF TAXES/DUTIES:


45.6.1 Taxes and duties will be loaded as quoted by the bidder. However, if a BIDDER states that
taxes/duties are not applicable at present and will be charged as applicable at the time of
delivery then his bid shall be loaded by the maximum rate of taxes/duties applicable at the
time of evaluation of Bids.
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46.0 CHANGE IN LAW :

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

47.0 MANPOWER EMPLOYED BY TENDERER :


47.1 The successful tenderer shall deploy adequate staff of the requisite competence that may be
required for meeting the scope of services/work called for. It is hereby specifically agreed
that the responsibility for the employment of staff and their salary, wages remuneration, etc,
shall be the sole responsibility of the successful tenderer and that MRPL shall not be
responsible in any manner directly or indirectly for such employment or expenses so
incurred by successful tenderer thereof. Successful tenderer shall give a declaration to this
effect. The Contractor has to comply with all Labour related laws/rules in force w.r.t
Minimum wages Act, Factories Act, Labour ACT and all other such
regulations/amendments made from time to time and in force and maintain all documents as
required by Law enforcing Authorities and produce the same as and when called for.
47.2 It is understood and agreed that there is no Employer- Employee relationship between
MRPL and the Contractor AND /or Contractor’s employees in any way whatsoever and the
contractor shall be the ‘Employer’ within the meaning of different Labour legislations in
respect of workmen employed by the Contractor. The Contractor has to carry on their
business or occupation as Independent Contractors and this point shall be made clear in
writing to all persons engaged by the Contractor before engagement of the person(s). The
Contractor shall issue an Employment card in Form XIV as per Contract Labour Regulation
and Abolition Act 1970 OR Photo Identity card to each Worker.

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).

49.0 LABOUR LAWS :


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49.1 The Contractor shall obtain necessary licence from the Licensing Authority under the
Contract Labour (Regulation & Abolition) Act, 1970 and the Central Rules framed there
under and produce the same to the Engineer-in-charge before start of work.
49.2 The Contractor shall not undertake or execute or permit any other agency or sub-contractor
to undertake or execute any work on the contractor’s behalf through contract labour except
under and in accordance with the licence issued in that behalf by the Licensing Officer or
other authority prescribed under the Factories Act or the Contract labour (Regulation &
Abolition) Act- 1970 or their applicable law rule or regulation if applicable.
49.3 The provision of EPF & MP Act. 1952 and the Rules/Scheme thereunder shall be applicable
to the Contractor and the employees engaged by him for the work. The Contractor shall
furnish the code number allotted by the RPFC Authority, to the Engineer-in-Charge before
commencing the work.
49.4 The Contractor shall be exclusively responsible for any delay in commencing the work on
account of delay in obtaining a license under clause 6.1 above or in obtaining the code
number under Clause 6.3 above and the same shall not constitute a ground for extension of
time for any purpose.
49.5 The Contractor shall enforce the provisions of ESI Act and Scheme framed thereunder with
regard to all his employees involved in the performance of the Contract and shall deduct
employee's contribution from the wages of each of the employees and shall deposit the same
together with employer’s contribution of such total wages payable to the employees in the
appropriate account.

50.0 LABOUR RELATIONS :


50.1 In case of labour unrest/labour dispute arising out of non-implementation of any law, the
responsibility shall solely lie with the contractor and he shall remove/resolve the same
satisfactorily at his cost and risk.
50.2 The Contractor shall deploy only duly qualified and competent personnel for carrying out the
various jobs as assigned by the Engineer-in-Charge from time to time. The workmen
deployment by the contractor should also possess the necessary licence etc., if required
under any law, rules and regulations.
50.3 The Contractor shall ensure that local labour, skilled and/or unskilled, to the extent available
shall be employed in this work. Special preference shall be given to persons and/or
dependents of persons whose land has been acquired for the project work. In case of non-
availability of suitable labour in any category out of the above persons, labour from outside
may employed.
50.4 The Contractor shall not recruit personnel of any category from among those who are
already employed by the other agencies working at site but shall make maximum use of
local labour available.
50.5 Payment to contract workmen: In case of manpower based Contracts, Contractor shall be
responsible to make payment to his workers/ employees in respect of their salaries/ wages
through bank cheques/ crediting to bank A/c; the consent of the labour should be obtained
before crediting wages to the bank account, the contractor shall pay wages to all his
th
employees on or before 7 of the following month under the supervision of authorised
MRPL personnel and a copy of proof of payments to be submitted to MRPL; MRPL may
demand such payment of wages under supervision of MRPL, if found necessary. The rates
of wages shall be in conformity to the minimum wages act.
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51.0 CONTRACTOR'S LABOURERS TO LEAVE SITE ON COMPLETION OF THE
WORK :
51.1 The Contractor's labourers must leave the location of the project site/township after the work
is tapered/ completed to avoid creation of a Slum in the areas adjoining the project/township.

52.0 TEMPORARY WORKS :


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

53.0 PROVIDENT FUND :


53.1 The Contractor should strictly comply with the provision of the Employees Provident Fund
Act.
a) Obtained licence under Contract Labour (Abolition and Regulation)Act 1970
b) P.F. Registration Number allotted to them by RPFC.
c) The agencies should promptly deposit P.F. deduction of the eligible contract employees
plus the employers contribution to the RPF. For this purpose agency must submit a
certificate in their Bill that PF amount has been deducted from the eligible employees
and along with the employers contribution has been deposited with RPFC. In support of
this the agency must furnish the challan / receipt for the payment made to RPFC for the
earlier months
53.2 If the certificate and the challan / receipt are not furnished, the Finance & Accounts
Dept. of Owner reserve the right to deduct 16% of the Running Account bill amount in
case of Man power based contract and 5% of the Running Account bill amount in case
of Composite / LSTK Orders. Deducted amount will be refunded to the contractor only
on submission of Challan / receipt.
54.0 OBSERVATION OF FORMALITIES RELATING TO PF, ESI, REGISTRATIONS :
54.1 It should be confirmed by the successful tenderer that his/their organisation is already
registered with the Provident Fund Commissioner and the details may please he furnished to
us for MRPL'S records and the reference. MRPL will reserve its right to inspect the records
pertaining to Provident Fund rules (Annexure V).
54.2 PF / ESI Code: The Tenderer shall indicate his / their PF Code / ESI Number in their tender.
54.3 Income Tax: The Tenderer shall in all cases indicate his income tax Permanent Account
Number.(PAN). Income Tax Permanent Account Number will be required as precondition of
release of payment.
Note: The bidder will have to bear all Income Tax Liabilities both corporate & personal tax.
Income Tax along with surcharge of Income Tax as applicable at the prevailing rate on the
gross amount billed shall be deducted from the Contractor's bill as per applicable laws.

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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.

56.0 CONTRACTOR FURNISHED INSURANCE: As applicable to the Service


56.1 Insurance Cover for Workmen:
The contractor shall obtain adequate Insurance Policy in respect of his workmen to be
engaged for the work compulsorily towards compensations as admissible under the
Workmen’s Compensation Act 1923, and Rules framed there under upon death/disablement
of a worker and the same has to be produced to the concerned in charge of Administration
Section before start of the work.
All workers whose salary is more than Rs 21,000/- per month ( Prevailing rate as per the act)
need not to be covered by ESI. However, contractor to take insurance policy to cover the
risk towards temporary disablement and permanent disablement for the workmen.
56.2 CONTRACTOR shall at his cost and expense take out from a suitable insurance company
acceptable to owner and maintain for the entire period until ACCEPTANCE OF WORKS or
until such time thereafter as the CONTRACTOR may consider appropriate the following
insurances.
(1) Workmen's Compensation Insurance (WCI)
This insurance shall confirm to and satisfy all the requirements of the applicable laws
and regulations of the country, state territory or province having jurisdiction over the
CONTRACTOR 's employees engaged in the WORKS.
(2) Employer's Liability Insurance (ELI)
The insurance shall cover the liability of the CONTRACTOR as employer, for
compensation beyond the coverage of the Workmen's Compensation Insurance for
bodily injury to or loss of life the CONTRACTOR's employees while engaged in the
WORKS.
(3) Third Party Liability Insurance (TPL)
This insurance shall cover legal liability for bodily injury to loss of life of and/or
damage to and loss of properties of the third person party arising out of the performance
by the CONTRACTOR of the works.
(4) Automobile Liability Insurance (ALI)
This insurance shall cover all the CONTRACTOR's liabilities in connection with use by
the CONTRACTOR for the WORKS of any mobile equipment and automobile

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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.

57.0 VERIFICATION OF CHARACTER AND ANTECEDENTS OF CONTRACTUAL


MANPOWER:
In all contracts involving deployment of contractor's manpower within MRPL premises like
Plants and Offices etc. the contractor shall submit the following documents to MRPL prior to
start of work:
57.1 Undertaking from the contractor that they have scrutinised the previous work history of the
person(s) proposed to be deployed by them and character and antecedents of person(s)
proposed to be deployed by them is / are impeccable.

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.

58.0 BROAD GUIDELINES FOR EFFECTIVE IMPLEMENTION OF CONTRACT


MANAGEMENT SYSTEM AND MEETING OF STATUTORY REQUIREMENTS
IN ENGAGEMENT OF SECONDARY WORK FORCE:
A. Whenever a work order is issued following documents are required to be submitted to
HR Department by Contractor duly signed by Engineer In Charge:

I) Where Labour engaged by the Contractors is less than 19:

1. Copy of the Valid Work Order / LOA Copy.


2. Work Commencement letter by the Contractor in Form 6A / Notice of Commencement
3. Register of Workmen in Form No. XIII
4. Copy of the PF code allotted by the Competent Authority.
5. Copy of the ESI code allotted by the Competent Authority.
6. Workmen’s compensation policy.
7. Age proof, Aadhar card number and Bank Account details of the worker.

II ) Where Labour engaged by the Contractors is more than 19:

1. Copy of the Valid Work Order / LOA Copy.


2. Work Commencement letter by the Contractor in Form 6A / Notice of Commencement
3. Register of Workmen in Form No. XIII
4. Copy of the PF code allotted by the Competent Authority.
5. Copy of the ESI code allotted by the Competent Authority.
6. Request letter from the contractor for issuance of Form No.V for apply labour license
through EIC.
7. Submission of Form No. IV for proof of applying labour license attested by the ALC.
8. Interstate migrant license copy if labour engaged more than five from other states.
9. Workmen’s compensation policy.
10. Age proof, Aadhar card number and Bank Account details of the worker.

III ) Documents required on monthly basis duly certified by Engineer In charge:

1. Wage register duly certified by the Engineer Incharge


2. Attendance Register duly certified by the Engineer Incharge
3. Payment of wages should be disbursed within 7 days from the close of wages period.
4. ESI / PF Challans receipt along with PF-ECR Copy & Monthly contribution details for
payment to Statutory Authorities in respect of the wages paid for the previous month with
covering letter.
5. Bank statement for wages paid
6. Insurance copy for those who are not covered under ESI Act.
7. Form No. 5 & 10 and Male and Female data for each month.
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B. Documents required on annual basis for release of bank Guarantee / security deposit
duly certified by the Engineer Incharge.

1. Work Completion letter by the Contractor in Form 6A/ Notice of completion.


2. Annual medical check-up data.
3. Payment of bonus as per statute.
4. Payment of leave with wages @ 1 days for the every 20 days worked by workers.
5. Payment of gratuity if applicable (on completion of 5 years of continuous service).
6. NOC from Security Dept. On Surrendering of punch card and entry pass issued by MRPL.
7. Register of over time. Form no. XXIII.
8. Wage slip in form no. XIX.
9. Register of damages or loss form no XX.
10. Register of fine. Form no. XXI.
11. Register of advance. Form no. XXII
12. Employment card XIV.
13. Indemnity bond.
14. Half yearly / Yearly labour return in form XXIV(sec rule 82(1) to the licensing officer under
contract labour returns.
15. Half yearly return in form 5A (regulation 26) on ESI contribution.

C. PROCEDURE ADOPTED BY HR IN DEALING WITH CONTRACTORS

• 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.

59.0 DETAILS OF MINIMUM PAYMENT TO WORKFORCE EMPLOYED BY


CONTRACTOR

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

Sl no Description Payment basis


1 Basic Wages per day As per Minimum wages act issued from time to time by ALC
2 PF/Admin charges 13.15 % of Basic Wages & MRPL Special Allowance
3 ESI 4.75 % of Basic Wages, MRPL Special Allowance & Shift
allowance (if applicable).
4 Leave Wages 5 % of Basic Wages (As per ALC)
5 Bonus 8.33 % of min wages or Rs 7000 /- per annum whichever is
higher
6 Holiday wages 10 days per year

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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).

The following to be complied:


a. Shift allowance (if applicable) – Shift allowance @ Rs 25 /- per shift to be provided to
Secondary work force coming in rotational shift (i.e., morning, evening and night shifts)
working in plant area.
b. Annual Medical Check-up for Workforce to be complied by the contractor.
c. PF/ESI remittance to be ensured on MRPL Special Allowance.
d. Rates of MRPL special allowance shall be Rs 34, Rs 50, Rs 70 & Rs 90 for Unskilled, Semi-
Skilled, Skilled & Highly Skilled Category respectively.
e. Gratuity to be paid as per the statutory norms based on the government directives.
f. Number of closed Holidays shall be 10 days per year.
g. Extended working hours shall be compensated suitably as per statutory provisions.
h. Group term life Insurance cover to be taken having a risk coverage 24 X 7 death
coverage(Natural /Accidental death) with a sum assured of Rs.10,00,000/-(Rs.Ten lacs only).
i. Statutory provisions if in contradiction will prevail over any Special conditions of the Contract.
j. Transportation facility in respect of Secondary Workforce for commuting to entry gates of
MRPL shall be in the scope of the contractor. However, for internal transport from entry gate to
place of work; existing circular vehicles to be utilised.
k. For ensuring compliance to the above, suitable number of welfare officers to be placed by
contractors with respect to all statutory provisions.
l. Uniform/ Boiler suit-2 sets per year, Helmet, Shoes, Raincoat to be provided to the workforce
and proof to be submitted.

SECTION - IX
60.0 STATUTORY REQUIREMENTS/ SAFETY RELATED ASPECTS :

(Please refer Safety Policy).


a) This shall be read in conjunction with the MRPL General Conditions of Contract, Special
Safety Precautions to be taken by the Contractors working in Operating Refinery,
Specification of Work, Drawing or any other document forming part of this contract
wherever the context so requires.
b) Contractor shall be responsible for the safety and health of all his employees.
c) All Liabilities under IE rules 1956/labour laws, insurance on account of this contract for
personnel/labour shall be done by the contractor. Engineer In-charge in co-ordination with
P&A dept will be ensuring that all these statutory requirements pertaining to labour and
safety is complied by the Contractor during the execution of the said contract. Workmen
employed by the contractor are required to comply with/maintain the following under
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contract labour (regulation and abolition) act and also make it available for the inspection by
GM (P &A).
• Workmen register
• Attendance register
• Wage register (payment to be made strictly as per minimum wages act)
• Work commencement certificate from labour commissioner and labour license if required
• Insurance cover towards temporary disablement and permanent disablement for the
workmen
• PF Contribution -As per PF act the contractor has to obtain separate code for the PF of their
employee from the PF commissioner/MRPL. Details of payment of PF for the wages
disbursed by the contractor to the workmen shall be submitted to GM (P & A) periodically.
d) The contractor should give an Undertaking that he has gone through all terms and conditions
of MRPL General Conditions of Contract and all terms and conditions are agreeable to them.

e) Contractor shall ensure strictly all Safety Precautions to be taken in an Operating Refinery.
Special safety precautions to be taken by the contractors working in operating refinery is 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

61.0 GENERAL GUIDELINES TO SUPPLIERS (AS APPLICABLE) FOR


ENVIRONMENT AND ENERGY COMPATIBILITY

MRPL is an organization which is certified to ISO 14001 Environment Management System


and ISO 50001 Energy Management System and looks forward to its service providers to
help them maintain the system that is designed for this purpose.
All suppliers are to ensure compliance to the following while they are providing Materials to
MRPL or providing services within the premises of MRPL .
a) Ensure that the products supplied are Eco friendly (easily disposable as bio-degradable
waste and the end of life or with a buy back condition), when not covered by PO
specification.
b) Products supplied should be non-polluting when in operation/service.
c) Items supplied are to be energy efficient i.e. “Star rated”.
d) Ensure that the packing and Packaging material used are disposal as bio-degradable waste or
with buy back condition.
e) Material Safety Data Sheets contain environment /energy related data /information on
energy efficiency usage, storage, spillage and easy disposal.
f) Specify action to be taken for spillages, if any to prevent contamination of air, land and
water.
g) Ensure that there is no threat to environment during transportation to and returns from
MRPL, during delivery / while supplying materials.
h) Material supplied should not lead to damage or harm to vegetation and greenery while usage
and disposal.
i) Supplier shall comply with all applicable regulations regarding the supplied Goods
including all materials used and shall provide all information necessary by such regulation
and/or requested by MRPL
j) Supplier shall be responsible, where physically possible, to take the Goods back for the
purpose of recycling them within the scope of the statutory requirements or to dispose them
in an environmentally-friendly manner.
k) Suppliers are to take action and comply with requirements when failures are intimated by
MRPL and repeated failures /failure to act may lead to termination of contracts.
l) Ensure that the noise and pollution levels of vehicles and equipment when used to deliver
goods are as per regulatory norms and are subject to verification.
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62.0 GENERAL GUIDELINES TO SERVICE PROVIDERS (AS APPLICABLE) FOR


ENVIRONMENT AND ENERGY COMPATIBILITY

MRPL is an organization which is certified to ISO 14001 Environment Management System


and ISO 50001 Energy Management System and looks forward to its service providers to
help them maintain the system that is designed for this purpose.
All service providers are to ensure compliance to the following while they are providing
Materials to MRPL or providing services within the premises of MRPL.
a) Ensure that the products used while providing service are Eco friendly (easily disposable as
bio-degradable waste and the end of life or with a buy back condition), when not covered by
PO specification
b) Activities of the service provider should be non-polluting either by design or
through control.
c) Equipment’s brought for providing service are energy efficient i.e. star rated
d) Ensure that the packing and Packaging material brought are disposal as bio-degradable
waste or with buy back condition.
e) Material Safety Data Sheets are available for material brought for providing service and
contain environment /energy related data / information on energy efficiency usage,
storage, spillage and easy disposal.
f) Follow action specified by MRPL to be taken for spillages, if any to prevent contamination
of air, land and water.
g) Ensure that there are no threats to environment during transportation of material to and
returns from MRPL to be used for providing service to MRPL.
h) Material brought for usage and disposed at MRPL, should not lead to damage or harm to
vegetation and greenery.
i) Supplier shall comply with all applicable regulations regarding the materials used and shall
provide all information necessary by such regulation and/or requested by MRPL
j) Supplier shall be responsible, where physically possible; to take the Goods back for the
purpose of recycling them within the scope of the statutory requirements or to dispose them
in an environmentally-friendly manner, when covered by contract.
k) Suppliers are to take action and comply with requirements when failures are intimated by
MRPL and repeated failures /failure to act may lead to termination of contracts.
l) Ensure that the noise and pollution levels of vehicles and equipment used for providing
service within MRPL are as per regulatory norms and are subject to verification
m) Segregate waste generated when providing service as per the scope of work as per MRPL
norms i.e. Metal, Bio-degradable, Non-biodegradable, Solid waste and Hazardous waste,.
n) Dispose waste generated as per MRPL norms in the appropriate waste bins provided.
o) Prevent / minimize /control /contain pollution by control on emission of gases, spillages
when providing service as per the scope of work
p) Supplier shall be responsible, where physically possible, to take its Goods back for the
purpose of recycling them within the scope of the statutory duties or to dispose of them in an
environmentally-friendly manner.
q) Follow safety precautions as per MRPL norms, when providing service as per the scope of
work.
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r) Prevent wastage, excessive consumption and misuse of Electricity, steam and water.

SECTION – XI (MSEs & STARTUP COMPANIES)


63.0 CONDITIONS FOR MICRO AND SMALL ENTERPRISES (MSEs)
1. As per Public Procurement policy (PPP) for Micro & Small Enterprises (MSEs) Order, 2012
issued vide Gazette Notification dated 23.03.2012 by Ministry of Micro, Small and Medium
Enterprises of Govt. of India, MSEs must be registered with any of the following in order to
avail the benefits / preference available vide Public Procurement Policy MSEs Order, 2012.
a) District Industries Centers (DIC)
b) Khadi and Village Industries Commission (KVIC)
c) Khadi and Village Industries Board
d) Coir Board
e) National Small Industries Corporation (NSIC)
f) Directorate of Handicraft and Handloom
g) Any other body specified by Ministry of MSME (MoMSME)
h) Udyog Aadhaar Acknowledgment / Udyog Aadhaar Memorandum issued by MoMSME.

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).

3. Bidder shall be Manufacturer for supply items


As per the MoMSME, the benefits of the PP Policy extended only to manufacturers registered
under this and are not applicable to traders/ dealers/resellers/ distributors/authorized agents etc.
Accordingly, the eligible MSE bidders shall be registered for the item tendered.
Bidder shall submit proof that he is a manufacturer of the item for which he is quoting and he
shall highlight the details of his manufacturing status in the MSE certificate against the item he
is proposing to bid in the tender. However, in cases where installation / commissioning and
related activities along with Purchase of item(s)is/are involved and the bidder has relevant MSE
certification, then he shall be eligible for claiming benefits of the PP Policy.

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.

i) For more clarity in this regard, following table is furnished;


Type of
Price quoted by MSE Finalization of tender
Tender
Can be Split L1 Full order on MSE
20% order on MSE subject to
Can be Split Not L1 but within L1+15%
matching L1 price
Cannot be Split L1 Full Order on MSE
Full Order on MSE subject to
Cannot be Split Not L1 but within L1+15%
matching L1 price

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:

a) In case of proprietary MSE, proprietor(s) shall be SC/ST


b) In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares
in the enterprise.
c) In case of Private Limited Companies, at least 51% share shall be held by SC/ST
promoters.
10. If the bidder does not provide appropriate document or any evidence to substantiate the above,
then it will be presumed that he does not qualify for any preference admissible under the Public
Procurement Policy, 2012.

64.0 CONDITIONS FOR START-UP COMPANIES

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.

5. However, there may be circumstances like procurement of items/services related to public


safety, health, critical security operations and equipment, etc wherein MRPL reserves the right
to not consider relaxation of Prior Turnover and Prior Experience for Start-up Companies as
per 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.

Sl no Relevant Policy Guidelines related to Items/services Applicability


PP Policy-Make in India
1 Preference to domestically manufactured Procurement of iron Applicable for estimated
iron and steel products-issued by and steel products procurements of Rs 50
Ministry of Steel Crores and above having at
least local value addition of
15%
2 Electronic products -issued by MeITy 11 items as given Applicable for estimated
under table below procurements of Rs 5 Lakhs
and above
3 Purchase Preference linked with local Procurement by Applicable for procurement
content under MoPNG MRPL for other than under Global Open Tender
items under serial no for estimated value>Rs 5.0
1 & 2 mentioned Lakhs
above

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)

Examples of Purchase Preference:


Non divisible item
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L1 bidder is non MSE, non PP-LC bidder
L2 bidder is PP-LC (within 10%)
L3 bidder is MSE bidder (within 15%)
MSE bidder shall be given preference to match the L1 price. If L3 bidder matches the L1 price,
Order shall be placed on him, otherwise, option for matching the L1 price shall be given to L2
bidder (PP-LC).
Divisible item
L1 bidder is non MSE, non PL-LC bidder
L2 bidder is PP-LC (within 10%)
L3 bidder is MSE bidder (within 15%)
MSE bidder shall be given preference to match the L1 price. If bidder matches the L1 price, order
shall be placed on him for the quantity specified in the bidding document. For the balance quantity
(i.e. 50% of tendered quantity/value) option for matching the L1 price shall be given to L2 bidder
(PP-LC). Balance quantity shall be awarded to natural lowest bidder.

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.

Certification of Local Content For electronics goods

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

1. Domestic Bill of Materials


a) Sum of the costs of all the inputs which go into the product (including duties and taxes levied on
procurement of inputs except those for which credit/setoff can be taken) and which have not been
imported directly or through a domestic trader or a intermediary

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

2. Total Bill of Materials


a) Sum of the costs of all the inputs which go into the product (including duties and taxes levied on
procurement of inputs except those for which credit/setoff can be taken)
b) Ex-factory price of product minus profit after tax, minus warranty costs
c) Market price minus post production freight, insurance and other handling cost minus profit after tax
minus warranty cost minus sales and marketing expenses.
The percentage domestic value addition shall be calculated as per the following formula,
% Domestic Value addition = Domestic Bill of Material/Total Bill of Material

c) Certification of local content for other than Electronics goods

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.

Failure of bidder in complying with the local content post award:


In case a bidder, who has specified in his bid that the bid meets the minimum Local Content
specified in the enquiry document fails to achieve the same the following actions shall be taken by
the procuring company:
a. Pre-determined penalty @ 10% of total contract value.
b. Banning business with the supplier/contractor for a period of one year
To ensure the recovery of above pre-determined penalty, payment against dispatch/shipping
document shall be modified to the extent that the 10% payment out of this milestone payment shall
be released after completion of this milestone as well as submission of certification towards
achievement of Local Content, as per provision of enquiry document. Alternatively, this payment
can be released against submission of additional bank guarantee valid till completion schedule plus
3 months or as required by purchasing company.

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”

Purchase Preference in case where Negotiation is also required:


In case purchase preference is applicable, but negotiation is to be conducted with L1 bidder,
negotiation shall be carried out MSE and/or LC-complied bidder shall be offered to match the Page
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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

M/s............................................................................. hereinafter referred to as "The Bidder/Contractor"

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.

Section 1 - Commitments of the Principal

(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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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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MRPL Tender No 3300005988 GCC, Rev-0
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.

Section 5 - Previous transgression

(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.

Section 6 - Equal treatment of all Bidders / Contractors / Subcontractors

(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.

Section 7 - Criminal charges against violating Bidders / Contractors / Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a


representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the
Principal has substantive suspicion this regard, the Principal will inform the Vigilance Office.

--------------------------------- ------------------------------------
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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MRPL Tender No 3300005988 GCC, Rev-0
(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.

Section 9 – Pact Duration

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)

Place: Mangalore Witness 1:…………………………

Date:……………………… Witness 2:…………………………

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MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –II

PROFORMA OF BANK GUARANTEE

(FOR EARNEST MONEY DEPOSIT AS APPLICABLE)


(On non-judicial paper of appropriate value)

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

at________________________………….. and Head Office at


………………………………………. (hereinafter referred to as “The Bank” which expression
shall, unless repugnant to the context or contrary to the meaning thereof, include its successors
and assigns at the request and on behalf of the Tenderer hereby agree to pay to MRPL without
any demur on first demand an amount not exceeding
Rs._______________(Rupees______________________only) against any loss or damage,
costs, charges and expenses caused to or suffered by MRPL by reason of non-performance and
non-fulfillment or for any breach on the part of the Tenderer of any of the terms and conditions
of the said Tender.

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
Page 87 of 157
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

IN WITNESS WHEREF the Bank has executed this document on this_________day


of__________2018.

For_________Bank

*Pl. mention/put specific date

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MRPL Tender No 3300005988 GCC, Rev-0

APPENDIX – III

PROFORMA OF BANK GUARANTEE FOR SECURITY


DEPOSIT/PERFORMANCE BOND

(To be executed ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)

Ref: Bank Guarantee No………………

Date……………
To:

M/s. Mangalore Refinery & Petrochemicals Ltd.,


Regd. Office: Kuthethur P.O
Katipalla
Mangalore 575 030

Dear Sir,

1. In consideration of Mangalore Refinery & Petrochemicals Ltd., having its Registered


Office at Kuthethur, Katipalla, Mangalore 575 030 (hereinafter referred to as the
“Company” which expression shall unless repugnant to the context or meaning thereof,
include all its successors, administrators, executors) and having entered into a contract
dated ……………. (hereinafter called the “Contract” which expression shall include all the
amendments thereto) with M/S. …………………………. ………………………………..
having its Head/Registered Office at……………

………………………………..(hereinafter referred to as the “Contractor” (which


expression unless repugnant to the context or meaning thereof, shall include all its
successors, administrators, executors and assigns) and the contract having been
unequivocally accepted by the contractor resulting in a contract bearing No.
………………. dated…… …………. Valued at for …………………………… (scope of
work) ………………….. and the Company having agreed that the Contractor shall furnish
to the Company a performance guarantee for the faithful performance of the entire contract
to the extent of …….. % of the contract price, i.e. Rs……………… (in word) we
……………….. (bank)…………………….. having its registered office at……………..
…………………………………..(hereinafter referred to as the
“Bank” which expression shall unless repugnant to t he context or meaning thereof, include all
its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay
on demand to the Company any money or all moneys to the extent of Rs………….
……. (Rupees ……………………………………………) in aggregate at any time without
any demur, reservation, recourse, contest or protest and/or without any reference to the
Contractor. Any such demand made, by the Company on the Bank shall be conclusive and
binding notwithstanding any difference between the Company and the Contractor or any
dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree that
Guarantee herein contained shall be irrevocable and shall continue to be enforceable till it is
discharged by the Company in writing.

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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.

6. Notwithstanding anything contained hereinabove, our liability under this Guarantee is


limited to Rs……………………. (Rupees
…………………………………………………………..) I aggregate and it shall remain in
full force upto and including sixty days after ………………….. unless extended further,
from time to time, for such period as may be instructed in writing by
M/S…………………………………………………. on whose behalf this Guarantee has
been given, in which case it shall remain in full force upon and including 60 days after
extended date. Any claim under this Guarantee must be received by us before the expiry of
the 60 days from ………………………. or before the expiry of the 60 days from the
extended date. If no such claim has been received by us within the sixty days has been
received by us within the sixty days after the said date/extended date, the Company’s right

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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.

Dated this …………………. Day of …………………20….

WITNESS:

________________________ ________________________
(SIGNATURE) (SIGNATURE)

________________________ ________________________
(NAME) (NAME)

_______________________ ________________________
(OFFICIALADDRESS) (Designation with Bank Stamp)

________________________ Attorney as per power of

Attorney No………………………
Dated:……………………………..

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MRPL Tender No 3300005988 GCC, Rev-0

APPENDIX -IV

FORM OF AGREEMENT BY THE SUCCESSFUL BIDDER

ON NON JUDICIAL STAMP PAPER OF RS.100/-PERFORMANCE GUARANTEE

SUB: CONTRACT/WORK ORDER NO:

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-
Page 92 of 157
MRPL Tender No 3300005988 GCC, Rev-0
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.

To be witnessed by Notary or Contractor signature

By an official of MRPL Authorised Attorney

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MRPL Tender No 3300005988 GCC, Rev-0

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

6 Telegraphic Address, if any


7 Telephone No. (s)
8 Fax No. (s), if any
9 E-mail ID, if any
10 Address of Branches, if any
11 Name of Directors/ partners / Proprietor ( as The
case may be) with address & Telephone No.(s).
12 Permanent Income Tax No.

13 Last Income Tax Clearance (Attach Photocopy)


14 Name of Bankers & Branch with full address
15 Type of Account & A/C No.
16 Name (s) of Authorised Representatives (s)
Note : Power of Attorney signed by the Director(s)/
Partners / Proprietor in favour of the authorized
Person signing the tender documents must be
enclosed.

17 Type of job in which engaged as independent


manufacturer . contractor
18 Maximum value of the Job the
Contractor/ manufacturer is capable of
Handling per year. ( Furnish details of your
Financial standing together with the Bank
References and necessary Solvency certificate From
their banker (Nationalised) as per Bank’s Format).
19 Were you associated with MRPL in any Other
contract in the past
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MRPL Tender No 3300005988 GCC, Rev-0
20 Are you currently having any contract with MRPL
21 Are you on the approved list of other Oil Cos/
Public Sector Undertakings / govt. Dept. Etc. If so,
furnish true copies of Certificates certifying your
performance
22 Please confirm that you have qualified/ trained /
experienced staff on your payroll to handle this job
23 Furnish Audited Balance sheet for last 3 Years
ending previous finanicial year
24 Details of technical collaboration. Please provide
Documentary support ( Xerox copies ) if any and
the brief experience of the parties
25 Confirmed that Bank Guarantee for acceptance of
the Security Deposit as per tender will be provided
26 Brief Description of the job methodology/Quality
Assurance :
27 Details of Testing methods and equipments that will
be made available
28 Details of your Past Experience in the country
(India) in this nature of job.
29 Whether the bidder is put on Holiday list of any of
the PSU. (If sought later, an affidavit to be
produced later to MRPL.)

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)

Page 95 of 157
MRPL Tender No 3300005988 GCC, Rev-0
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) Pin code/ ZIP code:


(vi) Telephone nos. (with country/area codes):
(vii) Fax No.: (with country/area codes):
(viii) Cell phone Nos.:
(ix) Contact persons /Designation:
(x) Email IDs:
2.Bank Account Particulars:
(i) Name of the Account holder:
(ii) Complete Bank Account No. (for
Electronic Funds Transfer):
(iii) Account type :
(iv) Bank Name :
(v) Bank Branch:
(vi) Bank Branch Contact Nos.:
(vii) 11 Digit IFS Code (for Bank Branches in India)
(viii) Swift Code (for Bank Branches not in India)
3. Tax Registration numbers: *(Please fill in the applicable fields and attach relevant proofs)
(i) Income Tax PAN no.:
(ii) Vendor type as per GST Act (tick any one) Registered Not Registered Compounding SEZ
(iii) GST No.:
(iv) Registered address as per GST No.

(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.

Page 96 of 157
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

Page 97 of 157
MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –VII

(To be in the Company letter head)


Date: …………………

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

Manufacturer of items quoted


Whether Manufacturer for the tendered items
Service Provider for services
(supply) / Service Provider for the tendered
3 Trader/reseller/authorized agent/
services as per MSE certification.
distributor
(Please tick mark the appropriate)
Non MSE Bidder

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

In case you are claiming benefits under Public


Procurement (Make in India Policy), whether you
Yes
are meeting the minimum local content as
5 No
mentioned in the tender document/concerned
Ministry guidelines/ Policy. Documents under
prescribed policy is enclosed.

In case you are both a valid MSE bidder-PP


MSE PP Policy 2012
Policy 2012 and you are also meeting the Local
6 Make in India Policy
Content (Make in India Policy), please give your
preference. Please tick any one.

Page 98 of 157
MRPL Tender No 3300005988 GCC, Rev-0

A) CATEGORISATION OF MSE/SC-ST VENDORS

1. In case of Micro/Small/Medium scale Enterprises, kindly attach Registration Certificate


issued by DIC/KVIC/KVIB/Coir Board/NSIC/Directorate of Handicrafts and Handlooms, or
any other body specified by MSME for authentication such as Udyog Aadhaar
Memorandum/Acknowledgment.
2. SC/ST entrepreneurs registered under MSEs need to submit valid documentary evidence.

B) CATEGORISATION OF START-UP COMPANIES


Bidder who intends to participate as “Start-up’’ company should also enclose the Certificate
of Recognition issued by Department of Industrial Policy and Promotion, Ministry of
Commerce & Industry, Govt. of India.

C) DECLARATION IN CASE OF MSE BIDDERS/ START-UP COMPANIES


In terms of Tender Conditions applicable for Micro & Small Enterprises (MSEs)/ Startups,
we hereby declare as under-
a) We are a Micro / Small Enterprise, as on bid closing date of this tender.
b) We are a Manufacturer /system integrators of the quoted supply item(s)/service provider
for quoted services and valid documentary evidence for same is submitted.
c) MSE certificate submitted by us is authentic & valid as on bid closing date of this
tender.
d) We are a “Start-up’’ company and meeting all conditions and therefore eligible as Start-
up company as on the date of tender bid closing. We are also enclosing copy of
certificate of recognition issued by Department of Industrial Policy and Promotion,
Ministry of Commerce & Industry, Govt. of India.

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)

Page 99 of 157
MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –VIII

PRE QUALIFICATION CRITERIA DETAILS

ANNUAL TURNOVER DETAILS and NETWORTH DETAILS

Bidder shall indicate herein his annual turnover during the following 3 years based on the
audited balance sheet/profit and loss account statement.

SI No Financial Year Annual Turnover (in Rs)


1 2015-16

2 2016-17

3 2017-18

Average Annual Turn Over during the above three financial years.: Rs._________

NETWORTH DETAILS

SI No Description Amount (in Rs)

Net worth as per last audited


1
Financial statement

(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.

Signature of the bidder with stamp shall be affixed

Page 100 of 157


MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –IX

PRE QUALIFICATION CRITERIA DETAILS

DETAILS OF SIMILAR COMPLETED WORK

Furnished below are the details required for meeting the qualifying requirements/ prior experience
criteria;

SI Detailsof Name & WO No Contract Completed Completion Remarks


No Work Address of & Date value (in Value (in Period / if any
Executed Client Rs) Rs) date

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.

Signature of the bidder with stamp shall be affixed

Page 101 of 157


MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –X

PRE QUALIFICATION CRITERIA DETAILS

OTHER CRITERIA

Furnished below are the details required for meeting the PQC - other criteria;

SI No Other criteria (Pre-Qualification) Compliance


a Bidders who have been issued orders for similar works in
MRPL during the last 5 years and/or Bidders who have
executed similar jobs in MRPL shall provide Satisfactory Yes / No
(If yes, Please submit
Performance Certificate from MRPL.
satisfactory performance
certificate mentioning the
order details)
b Bidder has to quote for all items as per price bid and this is
to be confirmed in the format provided along with the Yes / No
technical bid
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 Yes / No
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 Yes / Not Applicable
(including PSUs).
Bidder shall give a declaration to this effect. (If Not Applicable, Please
submit the declaration)

e Joint venture / Consortium bids Joint venture


(Please tick mark the applicable) Consortium bids
Not Applicable

f Any other Criteria as applicable to the tender

Signature of the bidder with stamp shall be affixed

Page 102 of 157


MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX - XI

PROFORMA OF DECLARATION OF BANNING / BLACK LISTING / HOLIDAY


LISTING

A. In the case of a Proprietary Concern :

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”)

B. In the case of a Partnership Firm :

We hereby declare that neither we, M/s…………………………………….., submitting the Bid /


Tender nor any partner involved in the management of the said firm either in his individual capacity
or as proprietor or managing partner of any firm or concern have or has 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”)

C. In the case of a Company :

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.

Place : Signature of Bidder :

Date : Name of Signatory :

Page 103 of 157


MRPL Tender No 3300005988 GCC, Rev-0

APPENDIX - XII

UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR

I/We hereby declare that:


I. We are committed to elimination of child labour in all its forms.
II. Neither we nor any of our nominated sub-contractor(s) are engaging Child Labour in any of
our work(s) in terms of the provisions of The Child Labour (Prohibition and Regulation)
Act, 1986 and other applicable laws.
III. We as well as our nominated sub-contractor(s) undertake to fully comply with provisions of
The Child Labour (Prohibition and Regulation) Act, 1986 and other applicable labour laws,
in case the work is awarded to us.
IV. It is understood that if I/We, either before award or during execution of Contract, commit a
transgression through a violation of Article b/c above or in any other form, such as to put
my/our reliability or credibility in question, the Owner is entitled to disqualify us from the
Tender process or terminate the Contract, if already executed or exclude me/us from future
contract award processes. The imposition and duration of the exclusion will be determined
by the severity of transgression and determined by the Owner. Such exclusion may be for a
period of 1 year to 3 years as per the procedure prescribed in the guidelines for holiday
listing of the Owner.
V. I/We accept and undertake to respect and uphold the Owner’s absolute right to resort to
and impose such exclusion.

Place : Signature of Bidder :

Date : Name of Signatory :

Page 104 of 157


MRPL Tender No 3300005988 GCC, Rev-0

APPENDIX –XIII

DECLARATION REGARDING RELATIONS WITH ANY OF THE MRPL DIRECTORS

The bidder shall declare the following information in exhaustive details on his company’s
letter head with the document duly signed and stamped;-

i) Where the Proprietor is a Sole proprietor – Yes / No


Whether the proprietor is a Director or any relative of Director of MRPL present or retired within
past 2 years.

ii) Where the Tenderer is a firm – Yes / No


Whether any partner or member of the firm is a Director or a relative of any Director of MRPL,
present or retired, within last two years.

iii) Where the Tenderer is a Company – Yes / No


Whether a Director (present or retired within the past two years) of MRPL or relative of such
Director is a substantial member holding more than 10% (ten percent) of the paid up capital in
the Company, or a Director of the Company.

Place : Signature of Bidder :

Date : Name of Signatory :

Page 105 of 157


MRPL Tender No 3300005988 GCC, Rev-0

APPENDIX –XIV

DEVIATION STATEMENT

I. Technical Deviations

SL. Tender Clause No Description of clause Deviation taken by the


No document bidder
Page No

II. Commercial Deviations

SL. Tender Clause No Description of clause Deviation taken by the


No document bidder
Page No

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

Seal & Sign of the Bidder:

Page 106 of 157


MRPL Tender No 3300005988 GCC, Rev-0

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

Page 107 of 157


MRPL Tender No 3300005988 GCC, Rev-0
4 Confirm validity of offer as per NIT Yes / No
If No, Valid up to: __________________

5 Information / details of the bidder as per Submitted / Not Submitted


proforma ……………..

6 Vendor form for electronic funds transfer Submitted / Not Submitted


payment & tax details

7 Power of Attorney or other proof of authority,


in favour of person who has signed the Submitted/Not Submitted/Not Applicable
Tender
8 Partnership Deed / Memorandum of
Association / Articles of Association / Submitted/Not Submitted/Not Applicable
Certificate of incorporation / Memorandum of
understanding (as applicable) Please mention:_____________________

9 Annual turnover Details of previous three


Financial years Submitted Yes / No

10 NetWorth of the bidder as per latest audited Yes / No


financial result shall be positive
Networth: Rs_______________________

Relevant document Submitted Yes / No

11 Details of Single Order Value along with


Order Copies, Completion details as per Yes / No
tender Prior Experience Criteria Submitted
12 Details and documents w.r.t. Other criteria as
per PQC submitted Yes / No
13 Income Tax Pan No Submitted / Not submitted / Not Available
Pan No:____________________________
14 GSTIN (GST Identification No.) Submitted / Not submitted / Not Available
GSTIN:____________________________
15 Employees Provident Fund Registration Submitted / Not Submitted / Not available
Certificate PF Code No:________________________
16 If EPF Registration is not available, duly
acknowledged (by the EPF Authorities) copy
of application or undertaking on Bidder’s Submitted / Not Submitted / Not
Company letterhead for obtaining the same in applicable
case of award of contract
17 ESI obtained from the Competent Authority Submitted / Not Submitted / Not available
ESI No:________________________

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MRPL Tender No 3300005988 GCC, Rev-0
18 If ESI No is not available, duly acknowledged Submitted / Not Submitted / Not
(by ESI Authority) copy of application or Applicable
undertaking on Bidder’s Company letterhead
for obtaining the same in case of award of
contract
19 Integrity pact Submitted / Not Submitted / Not
Applicable
20 Declaration of banning / black listing / holiday Submitted / Not Submitted
listing as per proforma attached
21 Undertaking for non-Engagement of Child Submitted / Not Submitted
Labours as per proforma attached
22 Declaration regarding relations with any of Submitted / Not Submitted
the MRPL directors as per proforma attached
23 Undertaking by the Bidders as per Proforma - Submitted / Not Submitted
-------------------------------
24 Signed & Sealed tender document including Submitted / Not submitted
Corrigendum/Addendum / Clarification (if
any)
25 Confirm that quoted for Complete Scope of
Work, Supply, Services, Composite Works as Yes / No
per the terms & Conditions of Subject tender
26 Confirm that Quoted as per price bid Format Yes / No
27 Confirm that applicable GST is mentioned in Yes / no
Technical As well as Price bid
28 Confirm that applicable Service Tariff code / Yes / no
HSN Mentioned

Signature of the bidder with stamp shall be affixed

Page 109 of 157


MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –XVI

INDEX:

Bidder shall make an Index page as per the below proforma, serially number all the pages and
submit the technical bid ;

SI No Description Page Nos.


1 Information about the Bidder
2 Vendor form for electronic funds transfer payment & tax details
3 Power of Attorney
4 EMD document
5 GST Registration
6 Declaration & undertaking by micro & small scale enterprises /
startup companies
7 Annual turnover documents (Vendor(s) audited balance Sheets and
Profit & Loss Accounts for last three financial years shall be
submitted)
8 Networth details/documents
9 Latest Income Tax Clearance
10 Details of similar completed work (Order copies along with proof
of completion shall be submitted)
11 Compliance to PQC - Other criteria
12 Integrity pact (if applicable)
13 Declaration of banning / black listing / holiday listing
14 Undertaking for Non-engagement of Child Labour
15 Declaration regarding relations with any of the MRPL directors
16 PF & ESI Details, Other Statutory documents
17 Deviation statement
18 Undertaking by the bidder
19 Technical writeup (if any)
20 Any other Documents
21 Signed & Sealed Tender document (on each page) as a
confirmation of acceptance.
22 Price bid format with the indication as ‘quoted’ but without the
price.

Page 110 of 157


MRPL Tender No 3300005988 GCC, Rev-0
APPENDIX –XVII

UNDERTAKING BY THE BIDDERS

(in letter head)

Tender No: _____________________________________________________

Name of the Work: _____________________________________________________

We _________________________________________(Name of the Tenderer) hereby certify that


we have fully read and thoroughly understood all the tender requirements and accept all terms and
conditions of the tender including all corrigendum / addendum / clarification issued, if any. Our
offer is in confirmation to all the terms and conditions of the tender including all corrigendum /
addendum / clarification, if any and minutes of the pre-bid meeting. In the event our offer is found
acceptable and contract is awarded to us, the complete tender document shall be considered for
constitution of Contract Agreement.

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)

Place : Signature of Bidder :

Date : Name of Signatory :

Note: This declaration should be signed by the Tenderer’s authorised representative on


Company Letterhead who is signing the Bid and Scanned copy to be uploaded.

Page 111 of 157


MRPL Tender No 3300005988 GCC, Rev-0

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.

1. SCOPE OF THE JOB


Render resources, Tools & tackles, Bolt tensioners, hydraulic Torque wrenches , Equipment,
Transportation, and Supervision to carry out Overhauling of Reactor Effluent –Combined Feed
Exchanger EA 33301 A/B/C,EA 33302 A/B and EA 33303 installed in DHDT Unit during the
above mentioned period as per the detailed scope of work below. This breech lock Exchangers is
located at Ground Level. Refer Annexure C for Exchanger details. GGM (MM) or the officer
nominated by him is the Engineer In Charge (EIC) for this Tender.

2. DETAILED DESCRIPTION OF THE


JOB. Contractors Scope of Work

HEAT EXCHANGER OVERHAULING (OPENING, BUNDLE PULLING, TUBE TEST,


SHELLTEST)

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

Page 112 of 157


MRPL Tender No 3300005988 GCC, Rev-0
3. MRPL SCOPE OF SUPPLY
3.1. All the required spares, Spades, End blinds, Plugs, Plug gaskets, Fixtures, Fittings,
Bolts, Nuts etc.
3.2. Consumables like molycote, grease, rustlick / rustoline, Exchanger Gaskets, Packing
etc required for the job.
3.3. Air, water, DM water, Nitrogen, Steam, Cleaning agents and other utilities etc required
for the job.
3.4. Heavy equipments like crane, hydra, forklift Truck etc with Operator assistance
required for the job.
3.5. Electricity and power connections for carrying out the job.
3.6. Scaffolding as required for the job by MRPL thru scaffolding contractor , however
Contractor to provide the details of scaffolding required to MRPL in advance
3.7. Machining of any component ,if required during the job,
3.8. Welding jobs, Hot group assistance, if required during the job
3.9. Insulation removal and re fixing
3.10. Passivation of the equipment
3.11. Any Civil, Electrical and Instrumentation work
3.12. Fixtures, structural material as required for the job
3.13. Weather protective shed, tarpaulins etc
3.14. Exchanger drawings and QC documents during the work
3.15. Gate pass, Work permits as required on round the clock basisincluding Sundays and
holidays
See also attached Table I “schedule of Equipment/Tools/Utilities etc.” describing
the responsibilities of MRPL.

The above mentioned resources shall be provided by MRPL for carrying outthe job on
free of charge basis.

4. CONTRACTOR SCOPE OF SUPPLY

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

5. SPECIAL CONDITIONS OF CONTRACT

5.1. Contractor to refer attached Annexure C for details of Heat Exchanger.


5.2. The Contractor shall strictly adhere to Annexure A (safety policy) of the contract and
follow Housekeeping and Safety regulation.
5.3. The Contractor has to ensure use of experienced resources and specialised riggers to
Page 113 of 157
MRPL Tender No 3300005988 GCC, Rev-0
carry out Job of this nature in the process unit.
5.4. The Contract personnel should have relevant experience in the Operation and
maintenance of equipment like Hydraulic Bolt tensioners, Hydraulic Torque wrenches,
Hydrotest Pumps, Hydroblast Machines, Pneumatic Tools, etc. If found not suitable, in
the opinion of the EIC, the services of such personnel shall be discontinued and the
contractor shall provide suitable alternate personnel immediately.
5.5. The Contractor must ensure that all good and reusable fittings are serviced and reused.
5.6. All the Slings, belts, Chain Pulley Blocks etc used for the job by the contractor shall
have valid certificates, issued by competent authority and shall have to be furnished
whenever asked by EIC. Damaged tools, tackles shall not be used for the job.
5.7. Entire Job is subject to Stage-Wise Inspection and Approval by MRPLEIC / Inspection.
The Job acceptance is subject to the entire satisfaction of EIC/ Inspection.
5.8. If any of the Tests fail due to leakage from the Flanges opened and boxed up by the
Contractor, They shall repeat the Test, till it is passed, at no extra cost.
5.9. The Contractor shall return the entire special tools, special safety equipment and other
items taken from MRPL on completion of work duly certified by the Owner/EIC. For
any items lost or damaged by the Contractor, the replacement cost shall be recovered
from the Contractor’s bills.
5.10. The Contractors are advised to go thru all the attachments carefully before quoting for
the Job. For any Clarification/ Doubt may contact GM (Mech Maint) and visit the site
in case required
5.11. MRPL reserves the right to terminate the Contractor without assigning any reason at
any time during the validity of the Contractor period.
5.12. The contractor to arrange sufficient quantity of tools, tackles, special tools along with
accessories during job execution.
5.13. A contractor canteen is being operated inside MRPL Refinery; Contractor may use the
services of the canteen at his own cost.
5.14. No payment will be done for idle charges/ mobilization charges.
5.15. The quantities mentioned in the SOR is indicative only. No minimum quantity is
guaranteed.
5.16. The passivation period, repair time if any is excluded from completion period of the
job..

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.

7. VALIDITY OF THE CONTRACT

The contract should be valid for a period of One year from the date of placement of Order.

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MRPL Tender No 3300005988 GCC, Rev-0
8. TERMS OF PAYMENT
Payment will be made as per the quantity executed by the contractor and Certified by EIC as per
Schedule of Rates.

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MRPL Tender No 3300005988 GCC, Rev-0

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

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MRPL Tender No 3300005988 GCC, Rev-0

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MRPL Tender No 3300005988 GCC, Rev-0
Price Bid Format

Schedule of Rates
JWS for DHDT Breech Lock Exchangers Overhauling
(To be quoted in EPS System directly)

SL No Service JOB DESRIPTION Qty UOM Unit RATE


No
(Rs)
1 1018823 Overhauling of Reactor Effluent –
To be quoted in EPS
Combined Feed Exchanger Lump-
3 System
EA33301 installed in DHDT Unit Sum
as per attached tender documents
Overhauling of Reactor Effluent –
2 1018824 Combined Feed Exchanger Lump- To be quoted in EPS
2 System
EA33302 installed in DHDT Unit Sum
as per attached tender documents
Overhauling of Reactor Effluent –
3 1018825 Combined Feed Exchanger EA Lump- To be quoted in EPS
1 System
33303 installed in DHDT Unit as Sum
per attached tender documents
In the event of opening of Screw
4 1018826 Plug and removal of channel Lump- To be quoted in EPS
1 System
internals during overhauling of Sum
EA33303

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.

Name: Seal & Signature of Bidder


Date:
Place:
Contact No:
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Section - H
MANGALORE REFINERY AND PETROCHEMICLAS LTD.
CONTRACT WORKER’S SAFETY POLICY
INDEX
Sr. no. Topic Page no.
1 1.SCOPE 3
2 2.REFERENCE 3
3 3.SAFETY REQUIREMENTS FOR CONTRACTORS 3
4 4.PERSONNEL 4
5 5.HEALTH AND HYGIENE 8
6 6.VEHICLE MOVEMENT 9
7 7.SAFE MEANS OF ACCESS 10
8 8.EXCAVATION, TRENCHING AND EARTH REMOVAL 11
9 9.DEMOLITION 12
10 10.PERSONAL PROTECTIVE EQUIPMENTS 13
11 11.PAINTING 14
12 12.LIFTING MACHINES TOOLS AND TACKLES 15
13 13.TEMPORARY SHEDS 16
14 14.ERECTION 17
15 15.WORK ON TALL CHIMNEYS 20
16 16.SAFETY OF ELECTRICAL WORKS 21
17 17.CATCH NETS 21
18 18.PROTECTION AGAINST MOVING VEHICLES 22
19 19.HANDLING MATERIALS 22
20 20.STACKING AND PILING 22
21 21.WELDING AND GAS CUTTING 22
22 22.GRINDING 23
23 23.HOUSE KEEPING 23
24 24.FIRE SAFETY 24
25 25.WORK PERMIT SYSTEM 24

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26 26.WORK IN AND AROUND WATER BODIES 25
27 27.PUBLIC PROTECTION 25
28 28.OTHER STATUTORY PROVISIONS 25
29 29.GUIDELINES AND GENERAL PROCEDURES FOR 26
SUPPLY AND USE OF ELECTRICITY AT SITE
30 30.PORTABLE ELECTRICAL EQUIPMENT 32
31 31.ROLE OF CONTRACTOR INCASE OF EMERGENCY AND 34
SIREN
32 32.TRAINING 34
33 33.LIST OF PERSONAL PROTECTIVE EQUIPMENTS 34
34 34.MANDATORY FOR THE CONTRACTOR EMPLOYEES 34
WHILE WORKING AT SITE
35 35.SPECIFICATIONS FOR SAFETY HELMETS-HDPE 35
36 36.SPECIFICATION FOR SAFETY BELT 35
37 37.SPECIFICATION FOR FALL ARRESSTOR DEVICE 36
38 38.SPECIFICATION FOR DUST MASK 36
39 39.SPECIFICATION FOR REPLACEABLE FILTERS 36
40 40.SPECIFICATION FOR SAFETY SHOES 36
41 41.STANDARD SPECIFICATION FOR PVC HAND GLOVES 36
42 42.SPECIFICATION FOR ELECTRICAL PPE(SHOCK 36
PROOF)
43 43.PENALTY / FINE 37

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MANGALORE REFINERY AND PETROCHEMICLAS LTD.
CONTRACT WORKER’S SAFETY POLICY
1.SCOPE :
This policy is applicable to all the contractors and their employees working in MRPL. This is
also applicable to sub-contractors, suppliers, vendors and visitors. All the contractors are required
to ensure that they and their employees comply with relevant safety requirements as mentioned in
this Safety Policy depending on the nature of work. This policy is not a substitute to the statutory
rules and regulations and also the prevailing MRPL Safety Requirements. This is to further
reinforce the existing Safety Standards in Refinery.
2.REFERENCE : This document should be read in conjunction with following :
- General Conditions of contract (GCC)
- Special Conditions of Contract (SCC)
- Job specifications
3.SAFETY REQUIREMENTS FOR CONTRACTORS:
-Contractor shall furnish Safety policy and Safety Manual of their Company and his track record in
safety for past three years to the Engineer Incharge.
Contractor shall furnish details of their safety department with CVs of safety officers in his bid
document to Engineer Incharge.
-The contractor MUST employ Qualified Safety Officers as per the table below, having about 5
years of relevant experience in chemical units or Petrochemical Plants or refineries, as per The
Factories Act 1948 / Building and other construction workers (Regulation of Employment and
conditions of service) Act 1996 and Central Rules 1998 / The Karnataka Factories Rules 1969.
Contractor shall ensure that all his workmen are aware about the nature of risk involved in their
work and have adequate training for carrying out their work safely. Such Safety Officers appointed
shall be dedicated and responsible only for safety. They should not be given any other
responsibility. The contractor and his sub-contractor, if any, shall comply with the instructions
given by MRPL Engineer In- Charge or his authorized nominee regarding safety precautions,
protective measures, house-keeping requirements etc. Engineer-In-Charge from MRPL shall have
the right to stop the work of the contractor, if in his opinion, proceeding with the work will lead to
an unsafe and dangerous condition. Engineer-In-Charge shall get the unsafe condition removed or
provide protective equipment at the contractors cost, which ever is applicable.

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Table

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

Qualification criteria of safety officer:

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.

Qualification criteria of safety supervisor:

BSc (Physics Chemistry only)/Diploma (Mech/Elect/Civil only) with qualification in industrial


safety with relevant experience.
4.PERSONNEL :
- Personnel / workmen (age 18 years & above) deployed at site should be physically / medically
fit. Labours/workers shall not bring children/babies inside the refinery.
SMOKING IS STRICTLY prohibited inside the refinery.
- Contractors and their workmen should restrict their activities to the site allocated to them.
- All contract men shall wear IS make PPEs like gloves, goggles, face shields, full body safety
harness, safety belt, Safety Helmets, Safety Shoes etc during the work. They will not be permitted

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to enter the Refinery without wearing Safety Helmet, Safety Goggles & Safety Shoes. Damaged
PPEs shall be taken out from use and disposed off properly.
- The contractor shall ensure that their men do not tamper with the facilities in operation. They
shall not operate any Valves/ Switches etc.
- The contractor shall ensure that his workmen do not move around freely inside refinery premises
other than the assigned place of work & also do not sleep anywhere (Below piperacks / equipments
/ trucks / etc.) inside refinery premises.
- 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.
- The contractor Supervisors and Engineers must get themselves conversant with MRPL’s
Standard Operating Procedures (SOP), safety norms, Rules and Regulations that are in force. They
must also be conversant with the MRPL’s Emergency Procedures and Emergency telephone
numbers and should ensure display of same at prominent place.
- Special safety precautions to be taken by the contractor or their personnel working in an
operating refinery are given below. The safety procedure may undergo a change from time to time,
which will be intimated to the contractor to follow and implement them.
- In addition to the following minimum safety requirements, the contractor must comply with the
safety requirements, norms, rules and regulations as per the Factories Act 1948 and Karnataka
Factories Rules 1969, OISD Guidelines 207 and other OISD standards / guidelines and Indian
Standards.
- The contractor must prepare a detailed “Safety Programme” and submit it to Engineer In-charge
of MRPL immediately after the finalization of contract / placing of LOI / order. This will include
Safety Policy, Safety Responsibilities at various levels, Formations of Safety Committees and
meetings, Method statements, Job Safety Analysis (JSA), Safety inspections, various pre-
inspection checklists, Safety manuals, Safety Audits, Emergency Plans, Safety procedures to be
implemented for all the activities, deputation of Safety Officers, enforcement of safety practices.
- Contractor shall devise a procedure on Accident Reporting. All accidents including Near Misses
and property damages to be reported as per the MRPL’s Accident Reporting Procedure in force.
All Accidents including Near Misses to be communicated immediately to Engineer Incharge over

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telephone / verbally / and later submit the accident report. All accidents must be investigated,
classified, analysed & comply with the recommendations to avoid its recurrence. Monthly
Accident statistics must be developed and circulated. Contractor shall maintain a register of all
such accidents.
- During the mobilization, equipments, machines, tools, tackles etc. to be inspected at the site from
where it is being mobilized. Damaged ones should be discarded and ensured not mobilized at
MRPL site. The statutory checks, inspections and certification is carried out before mobilizing at
MRPL site. Necessary repairs and maintenance to be carried out and equipment, machine, tools,
tackles etc. is mobilized at MRPL site in working condition. The previous records of maintenance
and the competent person’s certificates to be made available during mobilization and submitted to
MRPL Engineer Incharge. The equipments, machines, tools, tackles, etc to be tagged and
mobilized.
- A Safety Committee must be formed to discuss accidents, Unsafe Acts and Unsafe conditions.
This should be chaired by the High ranking Official / Site-In-Charge with equal participation both
from supervisory and non-supervisory cadres of employees. Engineer In-Charge of MRPL also
should be involved in such meetings as an observer. The frequency of meetings shall be once in a
month minimum and actions taken to avoid recurrence of Nearmiss, Minor injuries etc.
Circular of the meeting must also be issued to MRPL Engineer Incharge at least one week in
advance. Minutes of the meetings to be prepared on the same day and submitted on next day of
the meeting.
The contractor shall take all safety precautions during the execution of awarded work and shall
maintain and leave the site safe at all times. At the end of each working day and at all times when
the work is temporarily, suspended, he shall ensure that all materials, equipment and facilities will
not cause damage to existing property, personal injury or interfere with other works of the
Refinery. The contractor shall comply with all applicable provisions of the safety regulations,
clean up programme and other measures that are in force at the site.
- Safety Inspections of the site to be conducted daily and Safety Audits to be conducted once in
three months by a team of Senior Officials of the contractor. Report on findings of such Audit to
be submitted to the Engineer Incharge and compliance report of the suggestions on findings to be
submitted weekly to Engineer Incharge.

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Daily Safety Inspection of jobs and safety audit to be conducted every month and the report and
protocol signed by all parties, Contractor’s safety officers with signatures of Site Incharges of
contractor shall be part of subsequent RA bill.
- Method statement along with Job Safety Analysis to be submitted at least 15 days in advance
before starting of any activity.
Prior information of high risk jobs as planned shall be informed with short details of the work, job
safety analysis report to the Engineer Incharge at least 48 hours before starting of such jobs.
High risk jobs like fabrication at height, lifting and shifting, erection of equipments etc shall be
video recorded by the contractor.
- The contractor shall provide and maintain all lights, guards, fencing, warning sign, caution
boards, other safety measures and provide for vigilance as and where necessary or as required by
the Engineer-In-Charge or by any duly constituted authority for the protection of workers or for the
safety of others. The caution boards shall also have appropriate symbols visible during night also.
- Adequate lighting facilities, including emergency lighting, such as floodlights, hand lights and
area lighting shall be provided along with ELCBs by the contractor at the site of work with
isolation switch known to all at site with proper display, storage area of materials and equipment
and temporary access roads within his working area. The contractor shall obtain written approval
of the Engineer-In-Charge to the lighting scheme and place of tapping prior to its installation.
Use of devices like Distress alarm system for all personnel entering into confined space to be
mandatory. Biometric attendance of personnel entering confined space should be maintained.
Necessary Biometric punch machine to be arranged by the contractor at his own cost for this
purpose. Staircases shall have temporary hand rail and guard till permanent handrails are
fabricated and installed.
The contractor shall plan his operations so as to avoid interference with the other departmental
works, other contractors or sub-contractors at the site. In case of any interference, necessary
coordination shall be sought by the contractor from the Department for safe and smooth working.
The contractor shall be held fully responsible for non-compliance of any of the safety measures,
procedures and delays, implications, injuries, fatalities, property damage and environmental
degradation and compensation arising out of such situations or incidents. The contractor should
device a procedure to maintain head count of his personnel manually or with an installation of

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punching machine at site and ensure evacuation of his personnel through defined emergency exit
in case if situation demands and also during confined space entry. - Smoking is prohibited in the
Refinery / work site / offices.
Consumption of alcohol and any other intoxicating material shall be also treated as safety violation
and heavy penalty shall be levied on the main contractor.
- Radiography source and also the Explosives used for controlled blasting will not be permitted to
be stored at site. Detailed accident report with photographs to be submitted to factory manager and
Engineer In-charge from MRPL immediately.
- Contractor’s Vehicles/Engines and approved electrical / mechanical equipments & lifting tools /
tackles, welding generator that are to be used inside refinery are to be certified by competent
authority. Statutory checks are to be carried out and records are to be maintained by contractors to
ensure healthiness. These certificates will be regularly checked by MRPL engineer in-charge.
- The Contractor shall ensure that all industrial consumables such as Oxygen, Acetylene, Argon,
Nitrogen, welding electrodes etc. are approved by MRPL, tested and records maintained by the
contractor as per Gas Cylinder Rules before they are used for the job. LPG for gas cutting purpose
is not allowed.
- The Fire prevention / protection and safety equipments (including Personal Protective
Equipments) should be certified by MRPL engineer in-charge.
5.HEALTH AND HYGIENE :
- Sufficient number of toilets shall be provided by the contractor for its workmen and hygiene
standard should be maintained.
Contractor to ensure no water stagnation at site.
Potable water facility for all workers shall be provided and maintained by the contractor.
Inspection of drinking water, sanitation, shall be done by MRPL. Availability of dust masks shall
be ensured by the contractor at site.
Contractor to maintain affordable hygienic canteen for the workers.
- The contractor must maintain record of medical examinations of its employees as per The
Factories Act 1948 and The Karnataka Factories Rules, 1969 and The Building and other
construction workers (Regulation of Employment and conditions of service) Act 1996 and Central
Rules 1998. This will include eye test of crane operators, vehicle drivers and all others. Also

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Fitness certificate by the Medical Officer for working at height to be produced for each employee
requiring to work at height.
- Adequate means and personnel for rendering first aid should be readily available at site and
during working hours at places where work is carried out.
- Medical aid for First-Aid should be available.
- First Aid kits or boxes, as appropriate, should be provided at the workplaces and on motor
vehicles, cranes, etc. and be protected against contamination by dust, moisture, etc.
- When workers are employed underground or beneath structures or pits or other conditions in
which they may need to be rescued, suitable rescue equipment like tripod with pulley and safety
belt should be readily available at site at or near the work site along with trained rescue workers.
6.VEHICLE MOVEMENT :
- The contractor shall conduct his operation so as not to interfere with the use of existing roads at
or near locations where the work is being performed.
- Speed limit inside the refinery is 16 KMPH which should be strictly followed. For heavy
machinery like cranes / forklift / RMC trucks, etc. the speed limit is 5 KMPH maximum.
- Special precautionary measures should be taken during transportation of long sized cargo, route
as defined should be followed and for safety of personnel (with proper escort) and damages to the
facilities should be avoided. Procedure for vehicle entry and Speed limits in Refinery should be
strictly followed. Vehicles and cargos passing through refinery should have PESO approved spark
arrestor fitted.
- When interference to traffic is inevitable, notice of such shall be given to the Engineer- In-Charge
of MRPL well in advance with the details of start of the work and time required, storage of
materials, and details of the proposed methods of providing the required facilities for safe and
continuous use of roads and obtain his clearance.
- The contractor shall exercise full care to ensure that no damage is caused by him or his workmen,
during the operation, to the existing water supply, sewerage, power or telecommunication lines or
any other services or works. The contractor shall be required to provide and erect before starting of
the work, substantial barricades, guardrails and warning signs. He shall furnish, place and maintain
adequate warning lights, signals etc, as required by the Engineer-In-Charge.
- Vehicles must have green red flags and whistles for the cleaner to guide driver. All
vehicles entering MRPL premises shall have cleaner / helper.

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- The vehicles must be maintained as per the preventive maintenance schedule of the manufacturer
/ supplier. Only Drivers that are trained in Defensive Driving shall be deployed inside Refinery.
- Vehicles to be inspected fortnightly by trained technicians as per the inspection checklist.
Pre-inspection checklist to be formed to that effect.
- All vehicles to bear a sticker. “If you notice this vehicle is over speeding then please inform
on telephone no 08242882192 / 2191 / 2194 / 2771 / 2731”.
- Tractors and trucks / cranes / forklift should not be used for transporting personnel.
- Every vehicle should have the contractor's name prominently displayed on Tractor Trolleys,
trucks, jeeps, cranes, JCBs, Poclains, trailers. The display board should be put on front and rear
side of each of the vehicle.
Tractor trolleys must have independent brake systems both on tractor as well as on trolleys.
- All vehicles must be fitted with PESO approved spark arrestors.
Tippers/trucks carrying debris and soil/mud/sand shall ensure that there is no spillage of material
on road. If any such spillage observed the same need to be cleaned and cleared by the contractor
immediately. Wheels of the trucks and vehicles shall be clean and free from mud.
- Contractor to maintain Inspection and maintenance logs for every vehicle.
- Any kind of repair work on contractor's vehicle is to be carried out only inside the work shop or
designated place and not allowed inside the battery area or any where at on road or at site.
7.SAFE MEANS OF ACCESS :
- The contractor must possess adequate numbers of self retractable type fall arresstors (of different
sizes viz. 6 m, 20m, 40m, and 60 m), Safety nets and Safety Belts (Full Body Safety Harness) (ISI
approved).
- Adequate and safe means of access and exits shall be provided for all work places, at all
elevations. Using of scaffolding members (avoiding a ladder) for approach to high elevation shall
not be permitted.
- Suitable scaffolds shall be provided for workmen for all works that cannot be done safely from
the ground, or from solid construction except such short duration work as can be done safely from
ladders. Ladder shall be of rigid construction having sufficient strength for the intended loads and
made of metal and all ladders shall be maintained well for safe working condition. If the ladder is
used for carrying materials as well, suitable foot holds and handholds shall be provided on the
ladder. Ladders shall not be used for climbing carrying materials in hands. While climbing both the

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hands shall be free. Ensure positioning of person at base / grade level while it is in use. All ladders,
platforms, full body safety harness and safety nets should be inspected regularly and records
should be maintained. Damaged items shall immediately be taken out of service and disposed off.
- Scaffolding staging more than 1.5 m above the ground or floor, swung or suspended from an
overhead support or erected with stationary support and ladder shall conform to relevant IS
specification. Timber bamboo scaffolding is not allowed inside the Refinery.
- Working platforms of scaffolds shall have toe boards 15cms in height to prevent materials from
falling down.
- A sketch of the scaffolding proposed to be used shall be prepared and approval of the contractor’s
Mechanical Engineer obtained prior to start of erection of scaffolding. All scaffolds shall be
examined and certified with proper display of tags by contractors Mechanical Engineer before use.
- Safe means of access shall be provided to all working platforms and other elevated working
places. Every ladder shall be securely fixed. No single portable ladder shall be over 9m in length.
For ladders upto 3m in length the width between side rails in the ladder shall in no case be less
than 300mm. For longer ladders this width shall be increased by atleast 20mm for each additional
metre of length. Step shall be uniform and shall not exceed 300mm.
- Working platform and gangway along the side of pipe racks shall be provided. Under no
circumstance the contractor employees should step on pipes at pipe racks.
8.EXCAVATION, TRENCHING AND EARTH REMOVAL :
- A Work Permit must be taken for any excavation or earth removal inside the existing refinery
premises from Engineer In-Charge MRPL, as the area of work has underground pipelines, cables
etc.
- All trenches 1.2m or more in depth shall at times be supplied with at least one ladder for each
spacing of 3.0m in length or fraction thereof. Ladder shall be extended from bottom of the trench
to at least 1m above the surface of the ground.
- The sides of the trench which are 1.2m or more in depth shall be stepped back to give suitable
slope (angle of repose) or securely held by timber bracing (i.e. shoring of the excavated trench or
pit should be done), so as to avoid the danger of sides from collapsing. The excavated material
shall not be placed within 2m of the edges of the trench or half of the depth of the trench,
whichever is more. Cutting shall be done from top to bottom. Under no circumstances under-
cutting shall be done.

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- The contractor shall ensure the stability and safety of the excavation, adjacent structures, services
and the works.
- Open excavations shall be fenced off by railing (ledger pipes) and warning signals installed at
well-lit places so as to prevent persons falling into the excavations.
- All blasting operations shall be carried out on the basis of procedures approved by Inspector of
explosives. All works in this connection shall be carried out as per IS code of practice. Barricades,
Warning signs etc. shall be placed on the roads / open area. Prior approval of such operation shall
be obtained from Engineer-In-Charge of works. The blasting procedure being followed by the
contractor must be submitted with MRPL engineer in-charge.
- The contractor must submit the methodology, safety aspects, schedule, License and other relevant
features of control blasting operations.
- Wherever manual removal of earth is involved, earth shall be removed from the top by
maintaining the proper slope equal to the angle of re-pose of the earth. Manual removal of earth /
lowering of person in a pit should be done with tripod and pulley besides use of Full body Safety
Harness by person.
- Such work shall be constantly supervised by the contractor’s responsible persons.
9.DEMOLITION :
Before any demolition work is commenced and also during the progress of the work :
- Proper approvals shall be taken from Engineer in-Charge MRPL before commencing demolition.
- Area around shall be barricaded with cautionary signs and posting of security guards or
supervisors for preventing unauthorised entries of personnel.
- All roads and open area adjacent to the work site shall either be closed or suitably protected.
Appropriate warning signs shall be displayed for cautioning approaching persons.
- No floor, roof or other part of the building shall be overloaded with debris or materials as to
render it unsafe.
- Entries to the demolition area shall be restricted to authorized persons only.
Contractor to place separate collection facility of waste like metal, on metal non degradable and
bio degradable wastes and shall dispose to designated place daily basis.
Contractor shall be responsible to clear dry grass and wooden items etc from and around his
working site/storage/fabrication yard etc to prevent any fire accidents.

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10.PERSONAL PROTECTIVE EQUIPMENTS :
- All proper “ISI” marked Personal Protective Equipments (PPEs) as considered necessary by the
Engineer-In-Charge shall be kept available by contractor for the use of the persons employed on
the site and maintained in a condition suitable for immediate use. Also the contractor shall take
adequate steps to ensure proper use of equipment by those concerned. The PPEs are to be provided
by the contractor.
- All persons employed at Refinery shall use safety helmets, safety shoes and safety goggles as
minimum safety gears. For other types of works, persons working in that area shall also use the
required PPEs, as advised by the Engineer-In-Charge of MRPL.
- Workers employed on mixing asphaltic materials, cement and lime mortars shall use Gumboots,
safety goggles, hand gloves and proper respirator.
- Persons engaged in welding and gas-cutting works shall use suitable welding face shields with
welder’s helmet. The persons assisting the welders shall use suitable goggles. Protective goggles
shall be worn while chipping and grinding.
- Stonebreakers shall use protective goggles. They shall be seated at sufficiently safe intervals or
distance.
- Persons engaged in or assisting in shot blasting (Sand blasting is prohibited) operations and
cleaning the equipment after shot blasting shall use suitable gauntlets, overalls, dust mask, dust
proof goggles, safety shoes and protective hood supplied with fresh air.
- All persons working with 3M lifeline and hook at height above ground or floor and exposed to
risk of falling down shall use safety belts (Full Body Safety Harness with double life line and
scaffolding hooks, ISI marked) which should be properly secured to solid object unless otherwise
protected by cages, guard railings, etc. In places where the use of full body safety harness is
impractical, suitable safety net of adequate strength fastened to substantial supports shall be
employed under proper valid permit.
- When workers are employed in sewers and inside manholes, which are in use, the contractor shall
ensure that the manholes are opened and are adequately ventilated at least for an hour. The
atmosphere inside the space shall be checked for the presence of any toxic gas or oxygen
deficiency and recorded in the confined space entry permit, availability of standby person at
manhole must be ensured before the personnel are allowed to get into the man-holes. The
manholes opened shall be cordoned off with suitable railing and provided with warning signals or

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caution boards or barricade tape to prevent accidents. There shall be proper illumination in the
night.
11.PAINTING :
- Respirators shall be provided by the contractor for use when paint is applied, safety of personnel
in vicinity also should be considered while painting.
- Overalls shall be supplied by the contractor to the workmen and adequate facilities shall be
provided to enable the painters for decontamination at the cessation of work.
- All solvent-based paints, thinners shall be stored in separate well ventilated storage kept under
proper surveillance.
- Smoking, open flames or sources of ignition / hot work shall not be allowed in places where
paints and other flammable substances are stored, mixed or used. A caution board, with the
instructions written in national / regional language, “SMOKING / HOT WORK – STRICTLY
PROHIBITED” shall be displayed in the vicinity where painting is in progress or where paints are
stored. Symbols shall also be used for caution boards.
- Suitable IS marked First Aid Fire Fighting equipments shall be kept available at a place where
flammable paints are stored, handled or used.
- When painting work is done in a closed room or in a confined space, adequate ventilation shall be
provided. Workers shall wear suitable supplied air type breathing apparatus. Work shall be carried
out under a valid work permit.
- Epoxy resins and their formations used for painting shall not be allowed to come in contact with
the skin. The workers shall use PVC gloves and / suitable barrier creams.
- Adequate ventilation shall be provided especially when working with hot resin mixes.
- Increased personal hygiene shall be practiced to control inadvertent contact with the resin and
eliminate its effects.
- Workers shall thoroughly wash hands and feet before leaving the work. Work clothes shall be
changed and laundered frequently.
-Care must be taken while carrying out painting inside confined space. There shall be safety
devices to monitor the personnel working inside confined space like vessels during painting of
internal surface. Suitable painting methods shall be adopted as specified elsewhere. It should not
be clubbed with hot work and proper ventilation should be available to draw out the solvent
vapours. Manual painting is to be adopted instead of spray painting.

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12.LIFTING MACHINES TOOLS AND TACKLES :
- Supplier’s / Manufacturer’s manual for operations / safety / periodical maintenance of all Cranes,
winches, JCBs, Poclains, Excavators, Trucks, tractors, Vehicles, etc. MUST be made available at
site from the moment it is brought at site and the same should be strictly adhere to.
- Lifting machines, tools and tackles shall be of good mechanical construction, sound material,
adequate strength, free from any defects and shall be kept in good working condition.
- Lifting machines, tools, tackles, equipments etc. to have identification tags of steel plate of size
2”x 2” tied to it using steel wire of 4 mm size. The details like reference number, Safe Working
Load (SWL), date of testing, next due date of testing, etc. to be punched on this plate.
- Contractor must produce Competent Authority’s (Authorised by The Directorate of Factories,
Karnataka state) Certificate of testing in the prescribed form of Lifting Machines, Chains, ropes
and lifting tackles well in advance. Only valid Lifting Machines, tools etc. to be used and to be re-
certified before expiry of certificate. Also, these equipments will be inspected by Engineer In-
Charge of MRPL as and when required. The same procedure is applicable for all other Electrical
Equipments, tools, machines, D.G sets, compressors, etc.
Lifting equipments for testing by competent authority to include JCB, Poclain, Excavators, etc.
The ringer crane to be tested and certified every time by Competent Person it is dismantled
and reassembled. This certification must also include stability of soil on which it is assembled.
Use of Hydra is not permitted inside refinery/construction premises. Hydraulically jacked lifting
machines to be used.
- Lifting machines, tools, tackles, equipments etc. to be inspected in addition to the Competent
Authority’s certification. This should be done fortnightly by experienced trained mechanical
foreman and technicians and record of such inspection to be maintained.
- Every rope and sling used in hoisting or lowering of materials or as a means of suspension shall
be of good quality and adequate strength and free from any defect.
- Every crane operator or lifting appliance operator shall have a driving License for Heavy Vehicle,
proper physical fitness such as eye sight etc. and with adequate experience. No persons under the
age of 21 years shall be in charge of any hoisting machine or give signal to operator of such
machine.
- In case of every lifting machine (and of every chain, ring, hook, shackle, swivel and pulley block
used in hoisting or as means of suspensions) the safe working load shall be ascertained and clearly

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marked. In case of a lifting machine having a variable safe working load, each safe working load
and the conditions under which it is applicable shall be clearly indicated. No part of any machine
or any gear referred to above in this paragraph shall be loaded beyond the safe working load.
- The contractor shall notify the safe working load of the machine to the Engineer-In- Charge
whenever he brings any machinery to site for work and get it verified by the Engineer-In-Charge,
supported by a valid test certificate by the competent person.
- Motors, gearing transmission, couplings, belts, chain drives and other moving parts of hoisting
appliances shall be provided with adequate safeguards. Hoisting appliances shall be provided with
such means as to reduce to the minimum risk of any part on a suspended load becoming
accidentally displaced or lowered.
- The contractor must have a team of Experienced Mechanical Personnel (having minimum of 5
yrs. experience in carrying out safety inspection and testing of Lifting machines, Tools and
Tackles etc.), to conduct periodical (Daily, fortnightly, monthly and quarterly) inspection and
testing of Lifting machines, Tools and Tackles and to maintain its records.
- Crane shall not be used as hoist. Incase cranes are used as hoist then factory Inspector’s
permission to be taken in advance and to be subject to biannual testing by competent person as
required for hoist under Factories Act 1948. Also, the design of cage to be got approved by the
competent person well in advance. Two ropes or chains to be provided to the cage, separately
connected with the cage, suspended independently and capable of carrying the whole weight of the
cage.
- Contractor to maintain operation, inspection and maintenance logs for every lifting equipment,
tool and tackle.
13.TEMPORARY SHEDS :
- Before erecting temporary shelters like sheds or tents anywhere at site, written permission of the
concerned Engineer In-charge must be obtained.
- Temporary sheds for site office should be avoided. Instead contractor shall arrange for portal
cabins for site office / stores.
- Temporary shed should not be erected using scaffolding pipes. The shed should be made of safe
construction material.
- The temporary shed should be erected after proper designing following engineering design
practices in conformance with normal safety standards to ensure the stability and safety.

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- Temporary shed should bear the contractor's name.
- Temporary piping, hose connections and electrical wiring to these temporary sheds must be laid
in such manner that they do not cause tripping, hitting or electrocution hazards.
14.ERECTION :
- At the planning stage consideration should be given, by those responsible for the design, to the
safety of the workers who will subsequently be employed in the erection of such structures. A
detailed erection scheme / schedule shall be furnished well in advance for all the critical erections.
- Care should be exercised by design engineers and other professional persons, not to include
anything in the design which would necessitate the use of unwarrantably dangerous structural
procedures and undue hazards, which could be avoided by design modifications.
- Facilities should be included in the design for such work to be performed with the minimum risk.
- Detailed Safety Procedure should be submitted as a part of Heavy Equipment erection scheme.
Heavy Equipment erection scheme must be submitted at least one month in advance.
- Erection engineer to conduct training on rigging before every heavy lift / erection for crane
operator, foreman and riggers.
- Erection of structural platforms, gratings and hand rails to be done on priority. The procurement
of gratings, structural members for hand rails to be done on priority.
- Prefabricated parts should be so designed and made that they can be safely transported and
erected.
- As far as practicable the safety of prefabricated parts while erection should be ensured by
appropriate means, such as provision and use of :
a) Ladders;
b) Gangways;
c) Fixed platforms;
d) Platforms, Buckets, boatswain’s chairs, etc. suspended from lifting appliances;
e) Safety belts and lifelines; and
f) Safety nets or catch platforms.
- Ladders to be inspected fortnightly by experienced trained mechanical foreman and mechanical
technicians and record of such inspection to be maintained.
- The boatswain’s chairs/ platforms used in structural erection to be inspected and checked once in
fortnight and record maintained.

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- In addition to the conditions of stability of the part when erected, when necessary to prevent
danger the design should explicitly take into account:
a) the conditions and methods of attachment in the operations of stripping, transport, storing and
temporary support during erection; and
b) Methods for the provision of safeguards such as railings and working platforms, and, when
necessary, for mounting them easily or prefabricated parts.
- The hooks and other devices incorporated in prefabricated parts that are required for lifting and
transporting them should be so shaped, dimensioned and positioned as:
a) to withstand with a sufficient margin the stresses to which they are subjected; and
b) not set up in the part stresses that could cause failures, or stresses in the building not provided
for in the plans.
- Prefabricated parts made of concrete should not be stripped before the concrete has set and
hardened sufficiently to ensure the safety of the operation.
- Store places should be so constructed that:
a) There is no risk of prefabricated parts falling or overturning; and
b) Storage conditions generally ensure stability having regard to the method of storage and
atmospheric conditions.
- Prefabricated parts made of concrete should not be erected before the concrete has set and
hardened to the extent provided for in the plans.
- While they are being stored, transported, raised or set down, prefabricated parts should not be
subjected to stresses prejudicial to their stability.
- Trailers only to be used for transportation of pipes. Crane to be used for erection at site.
- Every lifting appliance should :
a) be suitable for the operation; and
b) be approved by a competent person, or tested under a roof load 20 percent heavier than the
heaviest prefabricated part.
c) Ringer mode of a heavy crane MUST be inspected, checked and certified by competent person
every time it is dismantled and erected. The report must bear the stability of the soil on which it
is erected.
- Lifting hooks should have the maximum permissible load marked on them.
- Tongs, clamps and other appliances for lifting prefabricated parts should :

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a) be of such shape and dimensions as to ensure a secure grip without damaging the part ; and
b) be marked with the maximum permissible load in the most unfavourable lifting conditions.
- Prefabricated parts should be lifted by methods or appliances that prevent them from spinning
accidentally.
- The temporary basket cages / Platforms / Buckets / boatswain’s chairs, etc. used for lifting /
working at height suspended from lifting appliances or suspended from structures or beams MUST
be certified by competent person and provisions or conditions as stipulated during certification to
be adhere to.
- While prefabricated parts are being lifted measures should be taken to prevent workers from
being struck by objects falling from a height and area around such site should be barricaded with
cautionary signs.
- When necessary to prevent danger, before they are raised from the ground, prefabricated parts
should be provided with safety devices such as railings and working platforms to prevent falls of
persons.
- If workers are exposed to danger when releasing prefabricated parts from lifting appliances,
adequate safety measures should be taken.
- At workplaces adequate instructions should be given to the workers on the methods,
arrangements and means required for the construction, storage, transport, lifting and erection of
prefabricated parts.
- When it is not practicable to install protective guardrails and toe boards the workers should be
provided with and use safety belts and lifelines to limit the height of the fall.
- Overhead screens to be provided to prevent workers from being struck by falling objects.
- The safety devices (guard-rails, toe-boards, safety belts and lifelines) should not be removed so
long as the risk remains.
- Precautions should be taken to prevent fires being caused by rivet-heating equipment.
- Rivet heaters should extinguish their fires before leaving work.
- Extra care should be taken to prevent fall of objects, tools, etc. from height.
- Before structural steel parts are lifted, care should be taken that any object that could fall is
fastened or removed.
- Structural steel parts should not be dragged while being lifted if that could cause danger.

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- Steel trusses that are being erected should be adequately shored, braced or guyed until they are
permanently secured in position.
- While structural members are being moved into place the load should not be released from the
hoisting rope until the members are securely fastened in place.
- Structural members should not be forced into place by the hoisting machine while any worker is
in such a position that he could be injured by the operation.
- No load should be placed on open-web steel joists until they have been placed in position and
secured.
- Erection of pipes to be done using web belts only. Web belts must be inspected and checked
fortnightly internally by the contractor and records maintained. Damaged ones to be cut to
pieces and record to be maintained.
- Nipples and other accessories used for hydrotest and subject to high pressures to be inspected,
checked and tested by experienced trained mechanical foreman and mechanical technicians and
records maintained. Damaged parts to be replaced immediately with the new ones.
- Discarding criteria of web belts to be procured from the supplier / manufacturer by the contractor
and submitted to MRPL Engineer Incharge.
15.WORK ON TALL CHIMNEYS :
SCAFFOLDS :
- All workmen should be certified medically fit by medical practitioner before working at height.
Mock up drills MUST be conducted by the contractor for all these workmen and issue Working at
Height passes to only those who has experience of working at height, is declared medically fit and
shows confidence during mock up drills.
- For the erection and repair / painting of tall chimneys and vertical structures scaffolding should
be provided. Scaffolds after erection should be certified by competent mechanical engineer for its
strength before use and be displayed with a tag “Certified for use”.
-Scaffolds should confirm to relevant Indian Standards. Contractor MUST have a team of trained
scaffolders including trained Scaffolding engineer.
- Fixed inside scaffolding should be securely anchored in the chimney wall.
- The scaffold floor should always be at least 65 cm (26 in) below the top of the chimney.
- Under the working floor of the scaffolding the next lower floor should be left in position as a
catch platform.

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- Suspended outside platform (inspection scaffolds) should be provided as per the relevant
standards as stated above.
- Use of Catch platforms, stairs, ladders and Iron rung, lifting tools, tackles and work with hot
asphalt, tar should be carried out as per the procedures outlined in relevant ILO manual.
- Full Body Safety Harness (Safety Belt) with lifelines (of various sizes 2’, 5’ and 9’ double
lanyards) and safety nets being used should confirm to relevant standards and are to be inspected,
tested, periodically and records be maintained. Damaged safety belts and nets should be discarded,
taken out of service and disposed off.
- Safety belts must be used while working at height. The life lines (lanyard) MUST be tied to firm
support. Incase of absence of firm support provision of wire rope of adequate size tied with lifting
tackles to be made to tie the safety belt life line (lanyard).
- All Safety belts to be inspected once in a month and damaged ones to be discarded. Suppliers /
Manufacturers Discarding criteria of safety belts to be submitted to MRPL. The record of
inspection and the results to be maintained. And a copy to be submitted to Engineer Incharge.
- The scaffolds to be inspected and certified by the competent mechanical Engineer before use and
subsequently, at least once in a week.
16.Safety of Electrical works:
Before starting work in live electrical panels, proper electrical isolation shall be ensured. The same to
be inspected by the electrical in charge and necessary isolation tag shall be attached. Proper electrical
isolation permit system along with LOTO (Locking Out / Tagging Out) system shall be maintained by
the contractor. Triplicate copy of such permits shall be submitted to MRPL.
17.CATCH NETS :
- Where workers cannot be protected against falls from heights by other means they should be
protected by catch nets.
- Catch nets should be made of good quality fiber cordage, wire or woven fabric or material of
equivalent strength and durability.
- The perimeter of catch nets should be reinforced with cloth-covered wire rope, manila rope or
equivalent material.
- Catch nets should be provided with adequate means of attachment to anchorage.
- Catch nets to be inspected fortnightly, tested and records maintained. Damaged safety nets
should be discarded and record maintained.

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18.PROTECTION AGAINST MOVING VEHICLES :
Workers who are regularly exposed to danger from moving vehicles should wear;
a) distinguishing clothing, preferably bright yellow or orange in colour; or
b) devices of reflecting or otherwise conspicuously visible material.
Light Vehicle shall have reverse horn and Heavy Vehicles shall have trained helpers with
whistle and red and green flags for directing the driver.
19.HANDLING MATERIALS :
- Mechanical means should be provided and used for lifting and carrying loads.
- Personnel should have knowledge of safe ways of material handling.
20.STACKING AND PILING :
- Materials and objects should be so stacked and unstacked that no person can be injured by
materials or objects falling, rolling, overturning, falling apart or breaking.
- Area earmarked for stacking and piling should be barricaded and only authorised personnel be
allowed to carry out stacking and piling jobs.
- Proper stacking and piling should be done as per the guidelines of ILO.
21.WELDING AND GAS CUTTING :
- Welding and gas cutting operations shall be done only by qualified and authorised persons and as
per IS specification and code of practice.
- All the hoses used on compressed gas cylinders (Acetylene, Oxygen etc.) to be as per IS.
- Welding and gas cutting shall not be carried out in places where flammable or combustible
materials are kept and where there is danger of explosion due to presence of flammable / gaseous
mixtures. Contractor shall continuously monitor the area with Explosimeter / H2S meters.
- Welding and gas cutting equipments including hoses and cables shall be maintained in good
condition. It should be checked daily by the user and fortnightly by the supervisor and recorded.
- Barriers shall be erected to protect other persons from harmful rays from the work. When
welding or gas cutting is done in elevated positions / on trenches / inside refinery units, precautions
shall be taken to prevent sparks or hot metals falling on persons or flammable materials (Welding
booths shall be constructed).
- Use of proper PPEs by personnel involved in Gas cutting / Electric Arc welding should be
ensured. Use of Welders Helmet with face shield by the welders is a MUST.

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- Fire extinguisher shall be available near the location of welding operations. Valid permit shall be
obtained before flame cutting / welding is taken up & comply with all the permit requirements.
- Contact of personnel with the electrode or other live parts of electric welding equipment shall be
avoided.
- Extreme caution shall be exercised to prevent accidental contact of electrodes with ground.
- The welding cables shall not be allowed to get entangled with power cables. It shall be ensured
that movement of materials does not damage the cables.
- Oxy-Acetylene cylinders must be mounted on trolley with chain holding the compressed gas
cylinders. The compressed gas cylinders must have pressure gauges fitted over it and Oxy-
Acetylene Gas cutting set should be fitted with flash back arrestor at both the torch and cylinder
ends.
- Under no circumstance the compressed gas cylinder should be taken inside the confined space or
excavated pits. Hydraulic test certificates of all compressed gas cylinders should be maintained
and furnished as and when required.
22.GRINDING :
- All portable grinders shall be used only with their wheel guards in position to reduce the danger
from flying fragments should the wheel break during the use.
- Grinding wheels of specified diameter only shall be used on a grinder – portable or pedestal- in
order not to exceed the prescribed peripheral speed.
- Helmet with face shield shall be used during grinding operation.
23.HOUSE KEEPING :
The contractor shall at times keep his work spot, site office and surroundings clean and tidy from
rubbish, scrap, surplus materials and unwanted tools and equipment.
- Welding and other electrical cables shall be routed as to allow safe traffic by all concerned.
- No materials on any of the sites of works shall be so stacked or placed as to cause danger or
inconvenience to any person or the public. The Engineer-In-Charge may require the contractor to
remove any materials which, are considered to be of danger or cause inconvenience to the public.
- At the completion of the work, the contractor shall have removed from the work premises all
scaffoldings, surplus materials, rubbish and all sheds and sanitary arrangements used / installed for
his workmen on the site.

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- 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 as defined by MRPL authorities.
- A separate house keeping team to be formed and made available round the clock.
24.FIRE SAFETY :
- Adequate number of duly calibrated Explosimters, Oxygen meters, Hydrogen Sulphide detectors
(Portable / Fixed) or any other multiple gas detector should be made available at site by the
contractor.
- Combustible materials like timber, bamboos, paints etc. shall not be used at MRPL site for
scaffolding or for supports.
Containers of paints, thinners and allied materials shall be stored in a separate room, which shall
be well ventilated, and free from excessive heat, sparks, flame or direct rays of the sun. The
containers of paint shall be covered or properly fitted with lid shall not be kept open except while
using.
- Fire extinguishers as approved by Engineer-In-Charge shall be located at the work site at
appropriate places.
- Adequate number of contract workmen shall be given education and training in fire fighting and
extinguishing methods.
25.WORK PERMIT SYSTEM :
- MRPL’s Work Permit system (As per MRPL Safety Manual) to be strictly followed.
- All jobs within refinery should be executed with a safety work permit only. These will be issued
by the concerned operating personnel of MRPL (Refinery Shift Manager or any authorised person).
However, he can withdraw the permit when the stipulated conditions are not complied with at the
work spot.
- Area is safe for performing the Work. Job is continuously supervised by qualified supervisor.
Responsibility of Performing Authority :
To obtain an approved Work Permit duly filled and signed by authorities as per the MRPL’s Work
Permit System before starting the work in the area.
- To visit job sites and ensure that it is prepared accordingly.

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- The person performing the job shall be in possession of the permit till the completion of the job.
The permit should be produced for inspection at any time. The Work Permit shall be displayed at
job site in the plastic folder.
- To understand the scope of the work and implications involved.
- To restrict the work to the area / equipment specified in the work permit.
- To comply with the instructions given on the Work Permit.
- To follow Plant Safety Rules and Procedures.
- To be alert at all times for the development of unexpected situations.
To stop the work immediately on detecting any unsafe condition and promptly inform the Issuing
Authority. Follow MRPL’s Onsite Disaster Management Plan (DMP).
- To return the Permit duly signed after completion of the job to the Issuing Authority. Contractor
must adhere to work permit system and other safety regulations.
26.WORK IN AND AROUND WATER BODIES:
When the work is done near any place, where there is a risk of drowning, all necessary rescue
equipment such as life buoys and life jackets shall be provided and kept ready for use and all
necessary steps taken for prompt rescue of any person in danger and adequate provision shall be
made for prompt first-aid treatment of all injuries likely to be sustained during the course of the
work. Persons who do not know swimming shall not be engaged alone for any work where risk of
drowning exists. Sufficient number of life buoys or life jackets shall be provided.
27.PUBLIC PROTECTION :
The contractor shall make all necessary provisions to protect the public. He shall be bound to bear
the expenses for defense of every action or other proceedings of law that may be brought by any
person for injury sustained owing to neglect of any precaution required to be taken to protect the
public. He shall pay the damage and cost which may be awarded in any such suit, action or
proceedings to any such person, or the amount which may be fixed as a compromise by any such
person.
28.OTHER STATUTORY PROVISIONS :
Notwithstanding the above clauses there is nothing in these to exempt the contractor from the
provisions of any other Act or Rules or Indian Standards or OISD standards or OISD guidelines in
force in the Republic of India. In particular all operations involving the transport, handling, storage
and use of explosives shall be as per the standing instructions and conform with Indian Explosives

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Act, 1884 and the explosives Rules, 1983. The Factories Act 1948 and The Karnataka Factories
Rules, 1969, Handling, transport, storage and use of Compressed gas cylinders and Pressure
vessels shall conform with the Gas Cylinders rules 1981 and Static and Mobile pressure Vessels
(Unfired) Rules 1981. In addition, The Building and other construction workers (Regulation of
Employment and conditions of service) Act 1996, The Indian Electricity Act, 1910 and Indian
Electricity Rules 1956, The Atomic Energy Act 1962, The Radiation Protection Rules 1971,
Radiation Protection Manual of Nuclear Facilities and the Atomic Energy (Factories) Rules 1988
and various rules and Act relevant to the activities being performed shall also be strictly complied
with.
- No Child labour should be brought in for work.
- MRPL holds the right to issue warnings / Heavy penalties (monetary fine) / suspend work at any
time or terminate the contract for a loss / damage and a pattern of frequent failure to adhere to
Safety Laws, regulations and Onsite Safety procedures. In general a heavy monetary fine will be
deducted straight from the contractor’s bill for each violation of Safety Rules / Unsafe Act /
Unsafe Condition observed, for each First-Aid injury, for each Lost Time injury / Near Miss
Accident and for each fatality.
29.GUIDELINES AND GENERAL PROCEDURES FOR SUPPLY AND USE OF
ELECTRICITY AT SITE :
Following safety requirements shall be complied with before the contractor uses the power supply.
- The contractor shall submit a list of licensed electrical staff to be posted at site.
- It shall be the responsibility of the contractor to provide and maintain complete installation on the
load side of the supply point with regard to the safety requirements at site. All cabling and
installation shall comply with the appropriate statutory requirements given below and shall be
subject to approval of the Departmental Engineer-In-Charge / Electrical Engineer.
(a) Indian Electricity Act, 1910
(b) Indian Electricity Rules, 1956
(c) National Electric code, 1985
(d) Other relevant rules of Local bodies and Electricity Boards.
- Where distribution boards are located at different places the contractor shall submit schematic
drawing indicating all details like size of wires, overhead of cable feeders, earthing etc. The
position and location of all equipment and switches be given.

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- The contractor shall make his won arrangements for main earth electrode and tapings thereof.
The existing earth points available at site can be used at the discretion of the Departmental
Electrical Engineer with prior permission. Method of earthing, installation and earth testing results
shall conform to relevant I.S. Specifications.
- Overhead High Tension (HT) cable routes to be marked and physically barricaded to prevent
crane coming in contact with it.
-All three-phase equipment shall be provided with double earthing. All light fixtures and portable
equipment shall be effectively earthed to main earthing.
- All earth terminals shall be visible. No gas pipes and water pipes shall be used for earth
connection. Neutral conductor shall not be treated as earth wire.
- Every electrically operated machine or equipment to be independently earthed.
- Earth pits to be provided near DG sets, electrically operated machines, equipments etc.
DG sets used in Refinery shall be installed inside acoustic enclosure to minimise noise pollution.
Exhaust of DG sets shall be routed to safe height.
- Continuity and resistance of all earth connections to be inspected and checked and tested
fortnightly and records to be maintained.
- The contractor shall not connect any additional load without prior permission of Departmental
Electrical Engineer.
- Joints in earthing conductors shall be avoided. Loop earthing of equipment shall not be allowed.
However, tapings from an earth bus may be done.
- The entire installation shall be subjected to the following tests before energisation of installation
including portable equipment :
a) Insulation resistance test
b) Polarity test of switches
c) Earth continuity test
d) Earth electrode resistance
- The test procedures and their results shall conform to relevant IS specifications. The contractor
shall submit a test report for his complete installation every 2 months or after rectifying any faulty
section in the specimen test report. One such test report for the complete installation shall be
submitted before onset of monsoon.

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- Only persons having valid wireman’s license shall be employed for carrying out electrical work
and repair of electrical equipment installation and maintenance at site. The job shall be supervised
by a qualified licensed supervisor.
- Electricians to be provided with red helmet for easy identification.
- Electrical equipment and installations shall be installed and maintained as to prevent danger from
contact with live conductors and to prevent fires originating from electrical causes like short
circuits, overheating etc. Installation shall not cause any hindrance to movement of men and
materials.
- Materials for all electrical equipment shall be selected with regard to working voltage, load and
working environment. Such equipment shall conform to the relevant Indian Standards.
- The minimum clearance to be maintained for all overhead lines along roads and across roads
shall be as per the statutory requirements.
- Grounding conductor of wiring system shall be of copper or other corrosion-resistant material.
An extra grounding connection shall be made in appliances / equipment where chances of electric
shock is high.
- Electric fuses and / or circuit breakers installed in equipment circuits for short circuit protection
shall be of proper rating. It is also recommended that high rupturing capacity (HRC) fuses are used
in all circuits. The Earth Leakage Circuit Breaker (ELCB) of 30mA max capacity shall be
provided in the circuits. (ELCB) of 30mA max shall me provided on each Extension board.
- Wherever cables or wires are laid on poles, a guard wire of adequate size shall be run along the
cables / wire and earthed effectively. Metallic poles as a general rule, shall be avoided and if used
shall be earthed individually. Anticlimbing guards and danger notices shall be provided on poles.
Each equipment shall have individual isolating switches.
-Wires and cables shall be properly supported and an approved method of fixing shall be adopted.
Loose hanging of wires and cables shall be avoided. Lighting and power circuits shall be kept
distinct and separate.
-Reinforcement rods or any metallic part of structure shall not be used for supporting wires and
cables, fixtures, equipment, earthing etc.
- All cables and wires shall be adequately protected mechanically against damages. In case the
cable is required to be laid underground, it shall be adequately protected by covering the same with

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bricks, Plain Cement Concrete (PCC) tile or any other approved means and provided with cable
markers.
- All armored cables shall be properly terminated by using, suitable cable glands. Multistranded
conductor cables shall be connected by using cable lugs/sockets. Cable lugs shall preferably be
crimped. They shall be of proper size and shall correspond to the current rating and size of the
cable. Twisted connections will not be allowed.
- All cable glands, armoring and sheathing of electric cables, metal circuits and their fittings,
metallic fittings and other non-current carrying parts of electrical equipment and apparatus shall be
effectively grounded.
- All the Distribution Boards, switches, fuse units, bus bar chambers, ducts, cubicles etc. shall have
MS enclosures and shall be dust, vermin and water proof. The Distribution Boards, switches etc.
shall be so fixed that they shall be easily accessible, change shall be done only after the approval of
the Departmental Electrical Engineer. Distribution Boards used inside the process units shall be of
Flame Proof type (Intrinsically safe type).
- Each Distribution Board shall have ELCB of 30mA max capacity.
- The contractor shall provide proper enclosures / covers of approved size and shape for protection
of all the switchboards, equipment etc. against rain. Exposed live parts of all electrical circuits and
equipment shall be enclosed permanently. Crane trolley wires and other conductors which cannot
be completely insulated shall be placed such that they are inaccessible under normal working
conditions.
- Iron soclad industrial type plug outlets are preferred for additional safety.
- Open type Distribution Boards shall be placed only in dry and ventilated rooms; they shall not be
placed in the process units, vicinity of storage batteries or otherwise exposed to chemical fumes.
- Isolating switches shall be provided close to equipment for easy disconnection of electrical
equipment or conductors from the source of supply when repair or maintenance work has to be
done on them.
- In front of distribution boards a clear space of 90cm shall be maintained in order to have easy
access during emergency.
- Adequate working space shall be provided around electrical equipment, which require adjustment
or examination during operation.

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- As far as possible electrical switches shall be excluded from a place where there is danger of
explosion. All electrical equipment such as motors, switches and lighting fittings installed in
workroom where there is possibility of explosion hazard shall be explosion proof.
- All connections to lighting fixtures, starters or other power supplies shall be provided with PVC
insulated, PVC sheathed twin/three/four core wires to have better mechanical protection for
preventing possible damage to equipment or injury to personnel. Taped joints shall not be allowed.
Electric starter of motors, switches shall not be mounted on wooden boards. Only sheet mounting
or iron framework shall be used.
- All the lighting fixtures and lamp holders shall be of good quality and in good condition. Badly
repaired or broken holders, etc. shall not be used.
- Only PVC insulated and PVC sheathed wires or armoured PVC insulated and sheathed cables
shall be used for external power supply connections of temporary nature. Weatherproof rubber
wires shall not be used for any temporary power supply connections.
- Taped joints in the wires shall not be used. Incase joints are required on electrical cables then
only heat shrinkable PVC sleeves will be allowed.
- The bulbs/lamps used for illumination and testing purpose shall have cover or guard to protect
them from accidental breakages. Only 24V supply system shall be used for hand lamps etc. while
working inside metallic tanks or conducting vessels(Confined spaces).
- After installation of new electric system and or other extensive extensions to existing installations,
thorough inspection shall be made by Contractor’s Electrical Engineer before the new system or
new extension is put in use.
- All persons who work with electrical installation/equipment shall be aware of the electrical
hazards, use of protective devices and safe operational procedures. They shall be given training in
fire fighting, first aid and artificial resuscitation techniques, location of isolation switches, etc.
- The supervisor shall instruct the workers in the proper procedure, specify and enforce the use of
necessary protective equipment such as adequately insulated pliers, screw drivers, fuse pullers,
testing lamps and similar hand tools. Only wooden ladders shall be used to reach the heights in
electrical work.
- No material or earthwork shall be allowed to be dumped below or in the vicinity of the bare
overhead line conductors.

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- Separate work permits shall be issued for individual group leaders working on the same system
which shall be returned after the completion of the work to the Engineer-In-Charge.
- Before any maintenance work is commenced on electrical installations/equipment, the circuits
shall be de-energised and ascertained to be dead by positive test with an approved voltage testing
device. Switches shall be tagged or the fuse holders withdrawn before starting the work. Adequate
precautions shall be taken in two important aspects viz. LOTO system to be followed.
- That there shall be no danger from any adjacent live parts and
- That there shall be no chances of re-energisation of the equipments on which the persons are
working. (Tag out and lock out LOTO system to be strictly followed).
- While working on or near a circuit, whenever possible the use of one hand may be practiced even
though the circuit is supposed to be dead. The other hand may preferably be kept in pocket.
- When it is necessary to touch electrical equipment (for example when checking for overload of
motors) back of the hand may be used. Thus, if accidental shock were to cause muscular
contractions, one would not “freeze” to the conductor.
- Operation of electrical equipment shall be avoided when standing on wet floor or when hands are
wet. Rubber mats should be placed infront of Panels / Distribution Boards as per Indian Standrads.
- Before blown fuses are replaced, the circuit shall be locked out and an investigation shall be
made for the cause of the short circuit or overload.
- When two persons are working within reach of each other, they shall never work on different
phases of the supply.
- When structural repairs, modification or painting work are to be undertaken, appropriate
measures shall be taken for the protection of persons whose work may bring them into the
proximity of live equipment / circuit.
- It shall be ensured that the insulation and wire size of extension cords is adequate for the voltage
and current to be carried.
- While tapping electricity from the socket, plug top must be used. It shall be ensured that no
extension boards are over loaded while tapping. Only standard three pin plugs (Naked Wire is
prohibited ) shall be used for tapping electricity. Broken sockets/plugs shall be replaced
immediately with good ones. Only joint free cables shall be used for connecting equipment/Use of
apparatus.
- Floors shall be kept free from trailing electrical cables to avoid tripping hazard.

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- Power supply to all the machines and lighting fixture shall be switched off when not in use.
- Temporary electrical connections shall be removed as soon as the stipulated work is over. After
completion of the works, the contractor shall dismantle the distribution boards and the other
facilities he may have erected.
- Unauthorised tapping of power by others from distribution boards under the control of the
contractor shall be prohibited at all circumstances.
- No flammable materials shall be stored in any working area near the switchboards.
- Safety work permits shall be used for switching off the main feeder and equipment by the
contractor.
- “MEN ON LINE” “DO NOT SWITCH ON” “DANGER” or “CAUTION” boards as
applicable shall be used during maintenance works on the electrical equipment.
30.PORTABLE ELECTRICAL EQUIPMENT :
- Portable electrical tools must be examined, maintained and tested daily, fortnightly and quarterly
so that the equipment and its leads are in good order. Register shall be maintained for inspection
recording the testing dates and results of the equipments. Inspection checklists to be formed to that
effect. The recertification of lifting tools, tackles, equipments etc. must be carried out well before
the expiry of its validity period.
- All portable appliances shall be provided with three core cable and three pin plugs. The third pin
of the plug shall invariably be earthed. It shall be ensured that the metal part of the equipment shall
be effectively earthed.
- All connections to portable equipment or machines from the panel/distribution board/extension
board shall be taken using 3 core double insulated PVC flexible copper wire in one length. No
joints shall be allowed in this flexible wire. In case length of wire is not sufficient for a particular
location then the supply can be tapped by providing another extension board comprising of switch,
socket and ELCB of 30mA max..
- Flexible cables for portable lamps, tools and apparatus shall be regularly examined, tested
periodically and maintained to ensure safety.
- For excavations, one time clearance from electrical is required for a particular area.
- Contractor shall get their welding machine / Stress Relieving (SR) electrical equipment / all

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portable machine certified by MRPL / MRPL authorised contractor and seal will be fixed on
machine to that effect. Certificate from third party mentioning the checks carried out, repairs
carried out and safe to use to be submitted to Engineer Incharge.
Revalidation to be done once in 4 months. Incase contractor does not comply, it will be done by
MRPL and four times the cost of repair will be back charged to contractor.
- Incase of welding, separate return cable from job piece to welding machine to be connected.
Wires not to be used. PVC insulated cables only to be used.
- All lighting circuits/temporary connections for portable machine should have ELCB's of 30mA
capacity max.
- All ELCBs to be tested once in 15 days using ELCB testers (and not by the lamp with open
wires) and record maintained. Also separate register for ELCB trips (TRIP REGISTER) shall
be maintained. It shall be daily signed by the site Incharge of the contractor.
- Earthing of Neutral, which will act as return path, is not allowed.
- Electricians should have wireman license.
- During monsoons, monsoon protection for electrical equipment to be done.
- All feeders in contractor distribution panel to be clearly lettered with load details for isolation
incase of emergency.
- Insulated tools like screwdriver, cutting plier, tester to be used.
- Each contractor should have one set of multimeter, ELCB tester and tong tester.
- First aid kit to be available.
- The contractor must have a team of Experienced Electricians (having minimum of 10 yrs.
experience in carrying out safety inspection and testing of Electrical Equipments, tools, portable
electrical machines and appliances etc.). to conduct periodical (Daily, fortnightly, monthly and
quarterly) inspection and testing of Electrical Equipments, tools and portable electrical machines,
tools and appliances and to maintain its records.
- All power cable ends should have industrial plug on one side and other end directly into
the machine. (No naked end pinning into will be permitted).
- For any job within MCC / SRR a work permit will be issued by MRPL operation. Job should not
be started without these permits.

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31.ROLE OF CONTRACTOR INCASE OF EMERGENCY AND SIREN :
- Contractor shall instruct his workers to follow instructions strictly in case of fire siren /
emergency or if advised or felt necessary by Engg. In-charge. If evacuation is ordered they must
leave the work site and proceed towards the nearest designated assembly point. The contractor and
its employees MUST follow specific instructions (Roles and Responsibilities incase of fire / onsite
emergency) that will be given during training from time to time. All contractor employees MUST
undergo such training, before their deployment at the work site. Contractor shall arrange &
conduct such trainings for his employees and also employees of sub-contractors.
- Contractor shall instruct his workers to stop all jobs immediately incase release of
liquid/gas/toxic/hazardous chemicals etc, and inform the concerned MRPL personnel available at
site.
32.TRAINING :
- The contractor to conduct Induction training of all employees and record maintained.
- The contractor will have to depute all his employees (including Engineers, supervisors and
workmen), before they commence work for the first time at MRPL site and subsequently once in a
year, to undergo Safety training. They will get photo gate passes only after the completion of the
training. Contractors MUST have and get conversant with Material Safety Data Sheets of all the
Chemicals in MRPL. It is a MUST for them to carry the photo passes with them and produce it
when demanded at site.
- Tool box talks to be conducted every day before starting of each sift and before commencing
of work after lunch break by the concerned Engineer.
33.LIST OF PERSONAL PROTECTIVE EQUIPMENTS
The contractor must poses the following minimum safety Items cum Personal Protective
Equipments. All Personal Protective Equipments used at site to be of approved make.
34.MANDATORY FOR THE CONTRACTOR EMPLOYEES WHILE WORKING INSIDE
REFINERY :
* Deployment of adequate nos. of safety officers as per table above and making available the
mandatory items as per the minimum list below is a MUST as a part of mobilization activity.
1. Safety Helmet.
2. Safety shoes (Conforming to IS standards with ankle protection, steel toe and anti-skid /
acid, alkali and water proof soles).

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3. Hand gloves (Leather impregnated cotton hand gloves).
4. Spectacle type goggles with toughened glass lenses, plain face shields with and without
chin guards.
The contractor must use the “ISI” marked Personal Protective Equipments specific to the job .
It is mandatory to have minimum backup stock of all the PPEs in addition to what is already in
use at site.
35.SPECIFICATIONS FOR SAFETY HELMETS-HDPE.
1) Helmet Safety Industrial HDPE white colour.
2) Contractor’s Logo at front side.
3) Conforming to IS 2925, ISI marked & DGMS approved.
4) Nape strap type adj. type 6 point adj. head band & sweat band with
3/4"Cotton Chin strap.
* Green helmets for Safety Personnel and Red helmets for electricians to be provided and used by
them.
36.SPECIFICATION FOR 9FULL BODY SAFETY HARNESS) SAFETY BELT
Full Body Safety Harness (Safety belts) must be double lanyard type with scaffolding hook having
self closing latch (spring type).
Different type of hooks to be available based on the nature of job / type of support. Safety belts
should be ISI marked and should conform to IS 3521 and DGMS approved and stamped.
Safety belts, safety straps, lifelines, permanent anchors and connections should both separately and
when assembled :
a) be capable of supporting safely a suspended load of at least 450 kg (1,000 lb) ; and
b) have a breaking strength of at least 1,150 kg (2,500 lb).
If hooks are used for attaching safety belts to fixed anchors, they should be self closing safety
hooks of various types and sizes.
When a lifeline or safety strap is liable to be served, cut, abraded or burned, it should consist of a
wire rope or a wire-cored fiber rope.
Safety straps should be so fastened to safety belts that they cannot pass through the belt fittings if
either end comes loose from its anchorage.
Metal thimbles should be used for connecting ropes or straps to eyes, rings and snaps. Safety belts,
safety straps and lifelines should be so fitted as to limit the free fall of the wearer to 1m (3ft 3in).

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37.SPECIFICATION FOR FALL ARRESSTOR DEVICE
Fall arresstor device with self-retracting cable integrating locking mechanism combined
with an energy deception element fully automatic having cables of various lengths, ISI and
DGMS and or any international approval. Only Poly Amide rope shall be used.
38.SPECIFICATION FOR DUST MASK
Dust Mask made of superior quality non-aging chemical-resistant rubber half face
piece with reflex sealing flaps for protection against nuisance dust, (<0.5 micron) toxic
dusts, gases and vapours with replaceable filters.
39.SPECIFICATION FOR REPLACEABLE FILTERS
For protection against nuisance dust, toxic dusts, gases and vapours upto a
concentration of 500 ppm. To be fitted on aforesaid Dust Mask.
40.SPECIFICATION FOR SAFETY SHOES
1. Safety Shoes, Jodhpury style- as per is 11226- 1985 with guarantee for 1& 1/2 years (all
weather).
2. Acid/ alkali/ waterproof heat resistant, antiskid green PVC Nitrile sole.
3. Steel toe cap as per relevant “IS”.
4. Upper plain leather, high ankle, with metallic 4 eyelets.
5. ISI marked.
6. The supplier should give guarantee of use of safety shoes during rainy season.
41.STANDARD SPECIFICATION FOR PVC HAND GLOVES
Hand contoured for greater comfort & feature an embossed nonslip grip for handling wet
or greasy objects cotton flock lining absorbs perspiration maximises easy on/off black with straight
cuff each pair pack.
42.SPECIFICATION FOR ELECTRICAL PPE (SHOCK PROOF)
Hand gloves used for live electrical works shall be of proper electrical rating.
Electrical (shock proof) Safety Shoes (Jodhpury type) with acid/ alkali/ water proof, heat resistant,
antiskid sole with guarantee for 1&1/2 years (all weather).
1. Upper plain leather.
2. ISI marked & latest certificate of testing from any of the govt. recognised institution for
electrical resistance.

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GUMBOOTS with steel toe should be used by personnel during rainy season.
The aforesaid guidelines are the minimum safety requirements and the contractor should
exceed them so as to achieve “ZERO ACCIDENT” which is our MOTO.
43.PENALTY / FINE :
Heavy penalty / fine will be imposed on contractor for the following safety violations.
1. Any accident, near misses resulting into serious bodily injury, property damage and
degradation of environment on and around MRPL.
2. Violation of standard safety practices, norms and Rules, carelessness and negligence.
3. Violation of proper use of PPEs by workmen.
4. Lack of supervision.
5. Violation of work permit procedures inside Refinery and process plant areas.
6. Improper planning of critical jobs if resulted into Accident, Injury or Fire.
7. Failure to take corrective actions as advised by Engineering In-charge.
8. Frequency or Severity Rate of Accident is found to be high.
9. Improper planning of activity / ies if results into nearmiss and bodily injury to personnel.
10. Unauthorised entries into process plant areas.
11. Horseplay.
12. Failure in taking corrective actions on unsafe conditions / acts as and when noticed and advised
by Engineer In-Charge.
13. Misuse of Fire Prevention / Protection and safety equipments.
14. Personnel working under intoxication.
15. Smoking.
16. Deployment of child labours.
17. Penalty charges are as below
TYPE OF SAFETY VIOLATIONS AND PENALTY SYSTEM :
Penalty Type of Safety Violations Penalty
clause
1 For not using Personal Protective Equipment like Rs. 250/- Per day / per item /
(Safety Helmet, Safety Goggles, Safety Shoes, per person.
Hand gloves, Boiler suit, etc)
2 Working without permit / Clearance (Cold Work) Rs.5,000/- per occasion
3 Hot work without proper permit / Clearance Rs. 10,000/- per occasion and
delisting /holiday listing for 3
years.

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4 Non-use of safe electricity at work site (non Rs. 3,000/ per item per day.
installation of ELCB, using poor joints of cables,
using naked wire without top plug into socket,
laying wire / cables on the roads, electrical jobs
by incompetent persons).
5 Working at heights without safety belt (Full Body Rs. 1,000/ per case per day.
Safety Harness), using non-standard scaffolding
and not arranging fall protection arrangement as
required.
6 Unsafe handling of compressed gas cylinders (No Rs 100/- per item per day.
trolley, jubilee clips, double gauge regulator,
Improper storage / handling).
7 Non fencing / barricading of excavated areas. Rs. 1,000/- per occasion.
8 Use of LPG for cutting purpose. Rs. 1,000/- per occasion.
9 Non-display of name board, permit, etc. at site. Rs. 500/- per occasion.
10 Not providing shoring / strutting / proper slope Rs. 5000/- per occasion.
and not keeping the excavated earth at least 1.5 m
away from the excavated area.
11 Wrong parking of vehicles or parking the vehicles Rs. 1,000/- per occasion.
at non-designated places inside refinery.
12 Absence of contractor representative in refinery Rs. 1,000/- per meeting.
safety meetings whenever called.
13 Non-deployment of safety supervisor / supervisor Rs. 7,500/- per week.
responsible for safety at work site required as per
Special Safety Conditions.
14 Failure to maintain safety register and records by Rs. 1,000/- per month.
contract Safety Supervisor or the Supervisor
responsible for safety.
15 Failure to have daily safety site inspection / Rs. 1,000/- per week or month
audits, monthly safety meetings and maintain and Rs. 100/- per day.
records (by contractors themselves).
th
16 Failure to submit monthly safety report by the 5 Rs. 1,000/- per month and Rs.
of the next month to the Engineer -in -Charge. 100/- per day for further
delay.
17 Poor Housekeeping. Rs. 1,000/- per site / per day.
18 Failure to follow injury reporting system. Rs. 10,000/- per occasion.
19 Violation of any other safety condition as per Job Rs. 1,000/- per Occasion.
Safety Analysis (JSA), work permit and safety
conditions of contract such as using crowbar on
cable trenches improper welding booth, not
keeping fire hose, extinguisher ready at hot work
site, unsafe rigging etc.
20 Over-speeding of vehicle i.e speed > 16 KMPH 1.The driver will be removed
while driving inside refinery. and gate pass will be
withdrawn.
2.Contract will be cancelled

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upon repeated three violations.
21 Overtaking of vehicles while driving inside 1.The driver will be removed
refinery. and gate pass will be
withdrawn.
2.Contract will be cancelled
upon repeated three violations.
22 Driving of vehicle without valid license. 1.The driver will be removed
and gate pass will be
withdrawn.
2.Contract will be cancelled
upon repeated three violations.
23 Driving vehicle without PESO approved or PESO 1.The driver will be removed
approved but damaged spark arrester. and gate pass will be
withdrawn.
2.Contract will be cancelled
upon repeated three violations.
24 Driving vehicle on “NO ENTRY ROADS”. 1.The driver will be removed
and gate pass will be
withdrawn.
2.Contract will be cancelled
upon repeated three violations.
25 Denying to produce the photo Gate Pass on Rs. 500/- per person per
demand. occasion
26 Consumption of alcohol and any other INR 15000 / - per person per
intoxicating material shall be treated as Safety occasion.
Violation.

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.

Discalimer Clause : “The Contractor’s Safety Policy is not a comprehensive collection of


statutory obligations, Rules or compendium of safety practices. This is for general Guidelines and
Contractor, sub-contractor, vendors and visitors are not absolved from obligations to follow all
relevant and applicable statutory obligations, safety compliances and practices not absolved from
their accountability and obligations due to any statements of omissions and commissions in this
document”.

*******

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