Standard Document - SCC & Formats: Tender No.: CPCLV24177

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Tender no.

: CPCLV24177

Standard document
-SCC & formats

R4 Page 1 of 135
Tender no. : CPCLV24177

INDEX
S.No Description Sheets
Standard document (SCC and formats) (attached as (Total 134
a separate document comprising of following) pages)
a Special Conditions of Contract for Tendering 3
b Special Conditions of Contract for Execution 10
c Conciliation Rules 2018 40
d Safety
d.1  Penalty towards non compliance to safety 58
d.2  Contractor safety guidelines 60
f Formats
Format A Declaration for Acceptance of Tender Document 96
Format B Information about bidders 97
Format C Schedule of deviation 98
Format D Prequalification details submitted by bidder 99
Format E Declaration for confidentiality clause w.r.t compliance 102
with CPCL’s insider trading code
Format F Declaration for the purpose of Section 206AB & 104
206CCA of Income-tax Act, 1961
Format G Compliance with the government order on 106
procurement from bidders from countries sharing land
border with India
Format H1 Declaration of Local Content (for jobs upto Rs. 10 cr) 109
Format H2 Declaration of Local Content (for jobs above Rs. 10 cr) 110
Format I Declaration for independent ESI 112
Format J Consent Letter Format for E-Payment 113
Format K Declaration regarding submission of single bid 115
Annexure A Integrity Pact R2 116
Annexure B Reverse auction in e-tender portal 126
Annexure C Reverse auction in GeM portal 127
Annexure F GOI procurement policies 132
Annexure K MSE bidder details 134
Annexure L TreDs 135

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Special Conditions of Contract for Tendering:


3.1.1 GENERAL:

3.1.1.1 The following shall form the contract documents:

a)Statement of Agreed Variations, if any.


a)The detailed Letter of Acceptance along with its enclosures.
b)Fax of Acceptance awarding the works to the contractor.
c) Special Conditions of Contract. (SCC)
d)General Conditions of Contracts. (GCC)
e)Scope of work/ Technical Specification.
f) Addendum/Corrigendum to tender documents issued if any.
g)Original tender documents issued with its enclosures.

All other documents and correspondence exchanged prior to issue to Fax of


Acceptance/ Letter of Acceptance whichever is earlier, shall be treated as null and
void.

3.1.1.2 General Conditions of Contract" which is being enclosed as a annexure/enclosure


to this tender shall be read in conjunction with the Special Conditions of Contract &
Scope of work together with drawings, specifications and all Annexures which form
part of the contract including any corrigenda issued in lieu of any particular
clauses(s) forming part of GCC/SCC/Scope of work/FOA/LOA.

3.1.1.3 Notwithstanding the subdivision of the documents into these separate


sections/parts, every part 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.

3.1.1.4 Where any portion of the General conditions of contract is repugnant to or in


variance to any provisions of the special conditions of the contract, then the
provisions of the Special conditions of the contract shall supersede the provision of
General conditions of contract and shall, to the extent of such repugnancy or
variation prevail.

3.1.1.5 It will be the Contractor’s responsibility to bring to the notice of Engineer-in-Charge


any contradiction/irreconcilable conflict in the Contract documents before starting
the work (s) or making the supply with reference to which the conflict exists.

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

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3.1.1.7 The successful bidder shall take over the plant / site “as is” and no claim shall be
entertained by CPCL on any account unless specifically mentioned and exempted
elsewhere in the document.

3.1.1.8 Unless otherwise specified the work to be provided for by the contractor shall
include but not be limited to the following:

a) Provide all materials, supervision, testing, services, scaffolding, formwork,


temporary drainage, temporary fencing and temporary lighting as required for
safety and work purposes etc, for the execution of the work.

b) To take all the safety measures like using safety belt, helmet, goggles, hand
gloves, shoe, safety net, ladders, catwalks, etc. required for such type of work
and if required, insures the labourers against any accident, which may occur in
the course of execution of the job.

c) Making good any damage done to any property during execution of work.

d) All the construction materials shall be stocked neatly away from the battery
limits of plant area.

3.1.1.9 The materials, design and workmanship shall satisfy the relevant standards, the job
specifications contained herein and codes referred to. Where the job specifications
stipulate requirements in addition to those contained in the standard codes and
specifications, these additional requirements shall also be satisfied. Works shall be
carried out as per the instruction and directions of CPCL Engineer-in-charge, in the
absence of any standards/specification covering any part of the work covered in
this tender, the instructions/directions of Engineer-in-charge will be binding on the
contractor.

3.1.1.10 First Aid: The Bidder shall provide necessary first aid facilities to their personnel.
Depending on the availability at that time of need, CPCL may provide these facilities
entirely at its discretion. The cost of such assistance as worked out by CPCL shall
be recovered from the Bidder’s running bill as per EIC.

3.1.1.11 CPCL change house and toilet facilities are not available to contractor’s employees.
Contractor’s employees shall use the contractor’s toilet facilities located in Refinery.

3.1.1.12 Contractor’s vehicles and bicycles shall be allowed inside up to parking area
specified / allocated for contractors after obtaining proper entry passes and shall
be parked outside the Gate. CPCL assumes no responsibility for security of the
above.

3.1.1.13 No idle payment shall be applicable, incase if any power outage / work front not
provided due operational reason during the course of contract and no dispute shall
lie against this.
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3.1.1.14 CPCL reserve the right to award the contract for part of the quantities / area under
the subject work without the consent of contractor.

3.1.1.15 Whenever it is mentioned in the specification that the contractor shall perform
certain work or provide certain facilities / materials it is understood that the
contractor shall do so at his own cost unless otherwise specified.

3.1.2 LOCATION:

3.1.2.1 Manali Refinery: The Chennai Petroleum Corporation Ltd. (CPCL) Refinery is
situated in Manali in Thiruvallur District, Tamil Nadu, about 15 KM from Chennai
City. The site is located on the South of Thiruvottiyur – Ponneri Road.
3.1.2.2 Cauvery Basin Refinery :The Site, Cauvery Basin Refinery (CBR) of Chennai
Petroleum Corporation Limited is situated at Panangudi village in Nagapattinam
District, Tamilnadu and is about 5 km from Nagore Railway Station. CPCL’s main
refinery is situated at Manali in Thiruvallur District, Chennai, Tamilnadu.

3.1.3 SITE INSPECTION / SITE PARTICULARS:

3.1.3.1 The contractors shall inspect the site and assess the site conditions and satisfy
themselves as to the constraints, inadequacies, accessibility and such other
aspects and ensure that all such aspects are taken into consideration while
submitting quotes. No extra claims on these grounds shall be applicable.

3.1.3.2 The intending tenderers shall be deemed to have visited the site and familiarized
themselves thoroughly with the site conditions before submitting the tender. Non-
familiarity with the site conditions will not be considered a reason either for extra
claims or for not carrying out the work in strict conformity with drawings and
specifications. For site visit, the intending tenderer may contact the Manager
(Contracts Cell).

3.1.3.3 By virtue of 3.1.3.1 & 3.1.3.2 the successful contractor waives his right to dispute
at any point of time on any reason pertaining to “site”.

3.1.4 SPLITTING UP OF JOBS:

3.1.4.1 The acceptance of tender will rest with the CPCL. CPCL however, does not bind
itself to accept the lowest tender, and reserves to itself the authority to reject any or
all the tenders received without assigning any reason what so ever.

3.1.4.2 CPCL reserves the rights to take over the awarded jobs in full or part, if the progress
of the jobs are found behind schedules and unsatisfactory and carryout such jobs
through other agencies or departmentally. The risk and cost including supervising
cost upto 15 % of the total value of the reallocated job of such jobs taken over and
executed by CPCL will be recovered from the bidder.
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3.1.4.3 The total job shall be awarded to one single agency or as per methodology of
evaluation of offer.

3.1.5 TAXES:

3.1.5.1 Income Tax:

Income Tax shall be deducted from the Contractor’s bills as per the rules and
regulations in force in accordance with Income Tax Act prevailing from time to
time. Quoted rates shall be deemed to include this.

3.1.5.2 Goods and Service Tax (GST):

a) Type of contract: Refer Notice Inviting Tender

Services means anything other than goods, money and securities but includes
activities relating to the use of money or its conversion by cash or by any other
mode, from one form, currency or denomination, to another form, currency or
denomination for which a separate consideration is charged.

b) Rate of GST Applicable: Refer Schedule of rate

c) TDS :

GST TDS has been notified by the Government with effect from 01.10.2018. GST
TDS at the rate of 2% will be deducted from the payment made or credited to the
supplier of taxable goods or services or both where the total value of contract
exceeds Two Lakh and Fifty Thousand.

d) Quoted Price:

Bidders’ quoted price shall be INCLUSIVE OF GOODS & SERVICE TAX.


Applicable GST shall be reimbursed by CPCL. GST amount paid by CPCL to the
vendors is to be deposited by vendors and a necessary return as per the provisions
of GST law is to be filed by the vendors.

In respect of transactions / situations where CPCL is entitled to Input Tax Credit


(ITC) of the GST charged by the vendor in the invoices issued to CPCL, in case
the GST amount paid to the vendor against any such invoice or invoices does not
get reflected in GSTR-2A / GSTR-2B or any other prescribed form / return of CPCL,
or any notice / demand / letter / order is issued to CPCL due to non-payment of
tax, short payment of tax, non-filing of returns, wrong filing of returns or any default
or mistake committed by the vendor or CPCL is unable to avail ITC for default of
the vendor, then to the extent of such loss including interest or penalties, CPCL
reserves the right to get indemnified by vendor or to recover such amount from
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future payments, security deposit or monies available with CPCL. Such recovery
is towards compensating CPCL for the loss of ITC and the same will be in the
nature of damages.

e) CGST & SGST / IGST:

Goods and service tax in respect of intra state supplies will attract CGST and
SGST at the prevailing rates. The invoice should clearly mention the CGST and
SGST separately.

In respect of interstate supplies IGST will be levied at the prevailing rates.

3.1.6 PRICE BASIS / FIRM PRICE:

Bidders shall quote their rates for respective items in the Schedule of Rates (SOR)
/ Bill of Quantities (BOQ) including GST.

The prices shall be kept FIRM till the completion of work and no
escalation/remission will be admissible for any reason whatsoever. (If PVC clause
is applicable, the same shall supersede this clause).

3.1.7 UN QUOTED ITEM:

Where offers are received with some items left blank / not quoted, then these
tenders shall be straightway rejected as an incomplete tender. However, the final
decision will be rest with CPCL based on the existing tender procedure manual and
the same is binding on bidder.

3.1.9 STIPULATIONS AND DEVIATIONS TO TENDER CLAUSES:

Tenderers are advised to submit the quotations strictly based on the terms and
conditions and specifications contained in the tender documents and not to
stipulate any deviations.

3.1.10 VERIFICATION OF DOCUMENTS:

The Tenderer may please note that they are required to produce Originals of the
Experience certificates and other documents, copies of which were submitted by
them along-with their requisitions for issue of Tender Schedules at Works
Contracts Department before issue of work order / Letter of Intent for verification,
if required.
The tenderer shall note that if the documents submitted by them at the time of
Requisition for issue of Tender Documents or afterwards are found to be incorrect/
fraudulent/ forged, the contract shall be liable for termination without any further
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notice to the contractor and the work shall be got executed by CPCL at the risk &
cost of the contractor, other actions like debarring / blacklisting also may be taken
at the discretion of CPCL without prejudice to the right of CPCL to recover
loss/damage/cost and other remedies under loss.

3.1.11 SUBMISSION OF FALSE DOCUMENTS:

If at any time during the tendering process, prior to the award of contract, it is found
that the Bidder has submitted false/fabricated documents, as evidence towards
fulfillment of the Pre-Qualification Criteria or towards meeting any other
requirement of the tender, CPCL apart from exercising its other legal entitlements,
reserves the right to disqualify the Bidder from the tender and recover from the
Bidder, an amount equal to the Earnest Money Deposit / Bid Security, as
Liquidated Damages. They may be subject to other acts like debarring/
blacklisiting at the discretion of CPCL

3.1.12 ABNORMAL RATES:

The contractor is expected to quote rate after careful analysis of costs involved for
the performance of the complete item consisting all specifications and conditions
of the contract. If it is noticed that the rate quoted by the Tenderer is unusually high
or unusually low, it will be sufficient cause for rejection of the tender unless the
owner is convinced about the reasonableness of the rate on scrutiny of the analysis
for such rate to be furnished by the tenderer on demand. Notwithstanding anything
therein stated, the rate once accepted by the owner shall be FINAL and shall not
be subject to any claim either on account of unworkability of rates or on any other
ground whatsoever.

3.1.13 REDRESSAL OF GRIEVANCES OF TENDER PARTIES:

The grievances, if any, of tendering parties shall be lodged with the coordinator
of the Grievance Redressal Cell of CPCL, with a copy to the Tender Inviting
Authority.

Name of the Coordinator of the Grievance Redressal Cell:

Shri. S.Sadagopan,ChiefGeneral Manager (Logistics&Projects)

Chennai Petroleum Corporation Limited


536, Anna Salai, Teynampet,
Chennai-600 018
Telephone No: 044-25941192
Mail id:[email protected]

This Cell will examine the grievances and put up its recommendations to the
concerned Functional Director, who will be the Grievance Officer.
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Grievances regarding the pre-qualification shall be submitted to the coordinator


within five working days from the date of publication calling for pre-qualification bid.

Grievances regarding the Letter Inviting Tender (Challenging the condition of


tender) shall be submitted to the coordinator within three working days from the
last date of sale of tender documents. The grievances received later than three
working days will not be entertained.

Grievances regarding the tender process (other than LIT related grievances) shall
be submitted to the Coordinator before the tender document opening.

The decision taken by the Grievance Officer will thereafter be communicated to


the aggrieved party, in writing, by the Coordinator of the Grievance Redressal Cell.

In case the Tendering Party is not satisfied with the decision of the Grievance
Officer, he will have the right of appeal against the Orders of the Grievance Officer.
This Appeal will be considered and disposed of by a Committee of Functional
Directors of the Company. The Tendering Party shall file his Appeal before the
Coordinator of the Grievance Redressal Cell. The decision of the Committee shall
be final and binding.

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Special Conditions of Contract for Execution

3.2.1 SITE ORGANIZATION:

3.2.1.1 Subject to the provision in the tender document and without prejudice to contractor’s
liabilities and responsibilities to provide adequate qualified and skilled personnel on
the work, contractor shall deploy site organization and augment the same as
decided by EIC from time to time depending on the exigencies of work.

3.2.1.2 The tenderer shall submit the details of site organization proposed by them to the
EIC prior to commencement of work.

3.2.2 DEPLOYMENT DETAILS:

All key personnel shall be adequately qualified and experienced to handle the
relevant work. The contractor shall provide the list and qualifications of all
personnel proposed to be employed to carry out the jobs as per scope of work for
this contract the work. However, it shall be the contractor’s responsibility to ensure
timely, efficient, reliable, productive and safe completion of assigned work to the
best practice and system employed at similar refineries. The contractor shall
deploy his labour as per requirement of the EIC. It may be necessary to carry out
the work on round the clock based on requirement. Contractor has to submit the
required details of the work force as per the format attached. Contractor has to
take the responsibility of their working crew and stand guarantee for their integrity.

3.2.3 CONTRACTOR'S REPRESENTATIVE:

3.2.3.1 The Contractor’s Representative should be available round the clock with telephone
facilities at Chennai to attend and cater to urgent calls. The contractor’s
representative should also have a cell phone facility. The contractor’s
representative has to work on round the clock basis, including working on Sundays
and Company Holidays if situation so demands, without resorting to any extra claim.

3.2.3.2 Contractor's Representative / Site Engineer shall be stationed permanently at the


site inside CPCL, Manali Refinery during General Shift working hours on full time
basis and shall be responsible for all necessary liaison and coordination in
connection with this contract on Contractor's behalf. The Site supervisors shall be
dedicated exclusively for administration and execution of this contract for the
individual areas.

3.2.3.3 The contractor's supervisory personnel must at all times be available in cases of
emergency and the contractor must implement an efficient call-out procedure. To
this end, the contractor shall provide effective communication system, to his Site
supervisors for immediate contacts. They must also have telephones installed in
their place of residence, which should be operative at all times, so that they may be
reached for any work beyond normal general shift working hours.

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3.2.4 WORK TIMINGS AND SPECIFIC WORK REQUIREMENTS:

3.2.4.1 The contractor shall work on Round the clock basis including Saturday, Sunday and
Company declared holidays so as to complete the job within the stipulated time.
There shall not be any extra payment for working on extended hours, on Sundays,
Round the clock and Company declared holidays.

Normally the work will be carried out during the general shift hours on the CPCL’s
working days only. In case of any deviation from this the contractor shall have to
take prior permission from the Engineer-in-charge.

3.2.4.2 All jobs shall be performed from 07.30 hrs. to 16.00 hrs. on each day. Contractor
shall deploy adequate manpower so as to ensure smooth and uninterrupted
progress of work.

3.2.4.3 If required, the contractor shall work on Round the clock basis including Saturday,
Sunday and Company declared holidays so as to complete the job within the
stipulated time. There shall not be any extra payment for working on extended
hours, on Sundays, Round the clock and Company declared holidays.

3.2.4.4 Whilst the contractor is directed to comply with the CPCL shift timings / shift roster
for the work, the directions of the Engineer-in-charge will be final and binding on
the contractor.

3.2.4.5 The Engineer-in-charge can change the shift roaster of the contractor and re-
organize for Shift and General Shift requirements. The re-organization shall be
binding on the contractor.

3.2.4.6 Break Timings in work for coffee/tea/lunch/dinner shall be as per CPCL timings.
The contractor shall provide sufficient contact telephone numbers.

3.2.4.7 If required, the contractor shall be prepared to mobilize additional resources by way
of manpower, equipment, tools& Tackles etc as per instructions of Engineer-in-
charge without any additional compensation so as to complete all the shutdown
works within the contract period.

3.2.4.8 Contractor shall deploy adequate manpower in all the shifts so as to ensure smooth
and uninterrupted progress of work.

3.2.4.9 Normally, CPCL work timings is detailed below and until the reliever reaches the
work site the already deployed personnel shall not leave the work spot. The
supervisor shall report to EIC and then only leave the work site. A detailed logbook
shall be maintained by the contractor for all the works and shall be countersigned
by the EIC.

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 General Shift: 0730 hrs to 1600 hrs


 Morning Shift: 0615 hrs to 1415 hrs
 Evening shift: 1415 hrs to 2215 hrs
 Night Shift: 2215 hrs to 0615 hrs (next day)

3.2.5 ENTRY AND EXIT TIMINGS:

The contractor, his supervisors and workmen shall observe entry and exit timings
strictly. The Contractor’s men can enter Refinery premises only when in possession
of a valid security photo pass and through labour entry gate. CPCL will authorize
issue of the required number of security photo passes to the contractors. It is the
responsibility of the Contractor to collect the required security photo passes from
the Security and distributes the same to their workmen and sees that security
controls are strictly followed.

3.2.6 SECURITY:

The Refinery being a protected area, entry into the Refinery/Project area shall be
restricted and governed by issue of photo gate passes by the Security/CISF. The
Contractor shall arrange to obtain through the Engineer-in-Charge, well in
advance, all necessary entry permits/gate passes for his staff and labour and entry
and exist of his men and materials shall be subject to vigorous check by the
security staff. The Contractor shall not be eligible for any claim or extension of
time whatsoever on this account. The Contractor and his staff and labour shall be
bound by all the security, fire and safety regulations of the refinery and any default
of the Contractor or his staff and labour in this regard, as to which the opinion of
the Engineer-in-Charge shall be final and binding on the Contractor, shall
constitute an infringement of relevant clause of General Conditions of Contract
with consequences as laid down in the said clause and other associated clauses.

CPCL will not assume any responsibility for the security of Contractor’s materials,
equipment, tools and tackles.

3.2.7 ORDER OF WORKS / PERMISSIONS / RIGHT OF ENTRY / CARE OF EXISTING


SERVICE:

The order in which the work to be carried-out, shall be subject to the approval of
the Engineer-in-Charge (EIC) and shall be so as to suit the detailed method of
construction adapted by the contractor, as well as the agreed joint program.

The work shall be carried out in a manner so as to enable the other contractors, if
any, to work concurrently. Coordination with other agencies will be contractor’s
responsibility. In case of any disputes the decision of Engineer-in-charge shall be
final & binding on the contractor. Owner reserves right to fix up priorities which will
be conveyed by Engineer-in-charge and the contractor shall plan and execute work
accordingly. The contractor at his own cost shall guard drains, pipes, cables,

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overhead wires and similar services encountered in the course of the works from
damage. Should any damage done by the contractor to any mains, pipes, cables
or lines (whether above or below ground etc.) whether or not shown on the
drawings the contractor must make good or bear the cost of making good the same
without delay to the satisfaction of the Engineer-in-charge.

3.2.8 CO-ORDINATION WITH OTHER AGENCIES:

The contractor shall be responsible for proper co-ordination with all agencies within
the refinery for smooth completion of work. The contractor shall obtain the
necessary clearances / permits from for carrying out the entire work to the
satisfaction of the Engineer-in-charge.

3.2.9 FRONTS FOR WORKS:

The work involved under this contract includes such works as have to be taken up
and completed after other agencies on the job have completed their jobs. The
contractor will be required and bound to take up and complete such works as and
when the fronts are available for the same and no claim of any sort whatsoever
shall be admissible to the contractor on this account. Only extension of time limit
shall be admissible, if the availabilities of work fronts to the contractor are delayed
due to any reasons not attributable to the Contractor.

3.2.10 MAKE OF MATERIALS:

The materials required to be supplied by the contractor under this contract shall be
procured only from CPCL approved Tenderers. Where the makes of materials are
not indicated in the bidding document the contractor shall furnish the details of
makes shall obtain prior approval of Engineer-in -charge of Tenderers / sub
Tenderers before placing order.

3.2.11 CANTEEN ARRANGEMENTS:

The Bidder shall make his own canteen arrangement for his workmen, which shall
be operated only on restricted timings as followed by CPCL. The Bidder shall not
establish a canteen within the site premises. The place of taking lunch / dinner is
as per the prevailing practices. As a security measures the contract workmen are
not allowed to take their food items along with them to their work site and are
directed to keep in the designated place as per the prevailing practices.

3.2.12 TRANSPORTATION OF MEN / MATERIALS AND ACCOUNTING OF


MATERIALS:

3.2.12.1 Contractor shall ensure that the materials drawn by him from the Owners' Stores /
Tool room are properly identified and segregated and kept safely while in
Contractor's custody. Transportation to & fro the Owners' Stores and work site is
contractor's responsibility. Unused materials shall be returned by the Contractor to
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the Owners' Stores through the CPCL Engineer-in-charge through Material Return
Notes and proper accounting of materials shall be done by the Contractor while
bills are submitted for payment failing which twice cost of unaccounted materials
will be back charged to the Contractor.

3.2.12.2 All transportation requirements for manpower in General shift / shifts, materials etc
have to be arranged by the contractor. CPCL will not provide any mode of
assistance for transportation.

3.2.13 DRESS CODE:

3.2.13.1 While on duty, all employees will wear the IFR and PPE provided by the contractor.

3.2.13.2 Head gear / wear would be worn on duty for safety and as part of uniform.
Contractor shall ensure that their uniform is not similar to that of CPCL.

3.2.13.3 All the staff shall wear safety Shoes. The contractor shall provide closed shoes for
safety reasons. The staff will ensure wearing respective work masks, safety gloves
and belts as and when required.

3.2.13.4 All Staff should have been trained on Safety and First Aid. The company would
conduct training sessions on use of fire fighting equipment and Fire Drill for all the
contract workmen and the sessions have to be attended without fail. The staff
should be trained to face emergency situations, such programs could be industry
specific and as such it would be conducted in coordination with the Engineer-in-
charge.

3.2.14 STRIKE BY CONTRACTOR:

The Contractor shall not stop or cause stoppage of work during the period of the
contract by resorting to strike or other agitation methods or by their workmen / their
authorized applicator The Contractor agrees that they shall be liable for all
consequences for the delay caused or loss / damages suffered by CPCL due to
the stoppage / strike by the Contractor. CPCL shall recover the cost incurred on
this account from the contractors’ running account bills.

3.2.15 HOUSE KEEPING:

3.2.15.1 It shall be the contractor’s responsibility to keep the work area clean and tidy
always throughout the course of work. House keeping shall be done during every
shift / on a day-to-day basis.

3.2.15.2 Scrap material generated during the course of the work shall be dumped at the
designated area as per the instructions of Engineer-in-Charge issued from time to
time with in the Refinery premise by using suitable mobile equipment at no extra

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cost to owners. All metal scraps are to be segregated, weighed and handed over
to CPCL Materials Department.

3.2.15.3 Empty Paint drums / tins should not be left at the work place. Being fire hazard,
empty drums / tins shall be collected and stacked near their storage place safely.
The contractor shall clear the drums from site once in 6 months, with proper
gatepasses duly signed by EIC, supported by their inpasses.

3.2.15.4 If house keeping is not done at work site on a day to day basis / on completion of
work to the satisfaction of the EIC / Inspecting authority, CPCL shall impose a
penalty, subject to max of 5% (Five Percentage) of the value of work for non-
performance of house keeping, at the discretion of EIC and the same will be
binding on the contractor.

3.2.16 SUB–CONTRACTOR:

3.2.16.1 At the commencement of the job the contractor shall supply to the Engineer–in–
Charge, list of all sub – contractors or other persons or firms engaged by the
contractor to work at the site. Any tenderer who had submitted the bid and pre-
qualified for the tender and does not get the contract because of his being not the
lowest will be prohibited from working as sub–contractor for execution of this
contract. List of unsuccessful tenderers shall be provided for in the contract
agreement.

3.2.16.2 The tenderer shall indicate in his offer the works, which he intends to sublet to the
sub– contractors. The Contract Agreement will specify the major works for which
the Contractor proposes to engage the sub – contractor. The contractor from time
to time propose an addition or deletion to the list and will submit proposals in this
regard to the Engineer–in–Charge for approval well in advance so as not to impede
the progress of work. Such approval of the Engineer–in–Charge will not relive the
contractor from any of his obligations, duties and responsibilities under the
contract.

3.2.17 SYSTEM AND DOCUMENTATION:

As part of the contract, it shall be responsibility of the contractor to follow


comprehensive systems, documentation and manuals for the maintenance
activities and safety practices for all activities within the scope of work as per the
direction of the EIC.

3.2.18 WORK SCHEDULE AND PROGRESS REPORT:

Time is the essence of the contract and timely completion is the primary
responsibility of the Contractor. Work Schedules will be drawn up by the Engineer-

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in-charge and the contractor shall scrupulously adhere to the targets by timely
deploying all resources as per the scope of work specified under this contract. In
all matters concerning the extent of targets set out in the work schedule and the
degree of achievement, the decision of Engineer-in-charge will be final and binding
on the contractor. Contractor shall attend co-ordination meetings with the
Engineer-in-charge for work without fail as and when required.

The contractor shall submit daily, reports for all the activities envisaged in the
various sections of the bid document.

3.2.19 AFTER THE AWARD OF CONTRACT (B) :

The contractor shall present the programme and status at various review meetings
as required.

A. Weekly Review Meeting:

Level of Participation : Contractor’s/Consultant’s RCM / Site


In charge and Job Engineers.

Agenda : a) Weekly programme v/s actual


achieved in the past week and
programme for next week.
b) Remedial Actions and hold up
analysis.
c) Client query/approval
Venue : Office of EIC

B. Monthly Review Meeting:

Level of Participation : Senior Officers of CPCL and contractors.

a) Progress Status/Statistics.
b) Completion Outlook.
c) Major hold ups/slippages.
d) Assistance required.
e) Critical issues.
f) Client query/approval

Venue : Office of EIC CPCL/ Site Office

3.2.20 PROGRESS REPORTS:

A) Monthly Progress Report:

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This report shall be submitted on a monthly basis within Ten Calendar days from
cut-off date as agreed upon, covering overall scenario of the work. The report shall
include but not be limited, to the following:

a) Brief introduction of the work.


b) Activities executed / achievements during the month.
c) Schedule v/s actual percentage progress and curves for engineering,
sub-ordering, manufacturing / delivery, sub-contracting, construction
and overall Work.
d) Quantum wise status of purchase orders against schedule shall also be
indicated.
e) Areas of concern / problem / hold ups, impact and action plans.
f) Resources deployment status.
g) Annexures giving status summary for Materials Requisitions and deliveries,
sub-contracting and construction.

B) Weekly Report:

This report will be prepared and submitted by the contractor on weekly basis and
will cover following items:

a) Activities programmed and completed during the week.


b) Resource deployed men and machine.
c) Qty achieved against target in construction.
d) Construction percentage progress, schedule and actual.

3.2.21 SUPERVISION:

The contractor shall have to engage sufficient number of skilled persons to


supervise and execute the work. The contractor shall solely be responsible for any
defective construction/ rectification as a result of poor supervision.

3.2.22 DISCREPANCIES IN THE CONTRACT DOCUMENTS:

In case of any discrepancies in the contract document, the decision of the


Engineer-In-Charge is final and binding on the Contractor regarding interpretation
of any clause(s).

3.2.23 SPECIFICATIONS / CODES AND STANDARDS:

All works under this Contract will be executed according to the Specification for
works are given in attachments. Whenever the details are not specifically covered
in the specifications, relevant provisions in the latest revision and/ or replacements
of the Indian Standard Specifications (IS) or any other Inter-national Code of
Practice/CPWD specifications will be followed. The Contractor shall have to
procure copies of such codes/ standards for ready reference of his own personnel

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as well as the CPCLs’ Engineers at site at his own cost and without any additional
reimbursement.

3.2.24 GOVERNMENT ACTS AND LOCAL RULES:

3.2.24.1 The contractor shall conform to the provisions of all local laws / bye-laws and
regulations relating to the work and pay all fees payable to such authorities for
execution of the work involved. CPCL shall not be responsible for such liabilities
and claims.

3.2.24.2 The contractor shall comply with the provisions of all labour legislation's including
the requirements of Payment of Minimum Wages Act 1948, Workmen
Compensation Act, Contract Labour (Regulation & Abolition Act, 1970 & Central
Rules, 1971) Act, EPF & ESI Acts, Prevention of Child Labour Act, (No child labour
shall be employed by the Contractor), Indian Contract Act., Shops & Establishment
Act, etc.

a. Payment of Minimum Wages:

1. Contractors should strictly comply with the provisions of the Minimum Wages Act
1948. In this regard, they should follow the directions / notifications issued by the
Ministry of Labour / Government of India from time to time on the above subject.
However, in case the Minimum Wages prescribed by the Commissioner of Labour
in Tamil Nadu are higher than the wages prescribed by the Commissioner of
Labour (Central) then the Contractor has to follow only the higher wages for
making payment. Contractor should accordingly comply with the aforesaid
provisions. Wages to the workmen should be paid on or before the 7th of the
subsequent month. If 7th falls on a holiday or weekly off day, the payment should
be made one day prior. PF for the month, both the employer’s (in this case
contractor) and employee’s (in this case workman employed by the contractor)
contributions should be deposited in the bank in the permanent PF code numbers
and challan should be obtained before the 15th of the subsequent month and
forwarded to the EIC. In case of failure of the contractor to comply with any of the
above, punitive action will be taken by EIC/CPCL as stipulated in this tender. It is
deemed to have understood and accepted that the payment of wages are done
upfront by the successful contractor.The relevant registers/documents in support
of the wage payment to workmen shall be maintained by the contractor and shall
be made available for inspection by the client statutory bodies as and when
required. In case of non- compliance of the provision of minimum wage act, the
contracts shall be terminated forthwith and contractor will be liable for legal
penalization.

2. The Contractor shall not pay his work force less than the minimum wages as
notified by the Government for the nature of jobs to be done by his workers in this
area and shall also be liable to pay at such rates in case of any increase revision /
change in minimum wages during the contractual period.

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b. Workmen Compensation Act & Contract Labour Act:

1. The contractor shall comply with statuary requirements such as possession of valid
labour license, adequate Insurance coverage for his workmen under workmen’s
compensation act, ESI Coverage, wages as per minimum wage act for is work
men to totally absolve CPCL of any and all liabilities which might result in case of
accidents.
2. All liabilities like salaries, wages and other statutory obligations in respect of the
persons engaged by the contractor shall be borne by the contractor during the
period of agreement. In view of the provisions of the ESI Act, P.F. and the EPF
Act and other Act as may be applicable to CPCL, the contractor shall take
necessary steps to cover their employees under the said enactment’s and shall
submit proof of such compliance to CPCL periodically, or at any date upon such
request, as may be made by CPCL to the contractor. In the event of non-
compliance with the statute or the provisions thereof, referred to above, it shall be
open to CPCL to withhold such amount as in its opinion is due and payable by the
contractor in respect of its employees from and out of dues, payable by CPCL to
the contractor and such due shall be held by CPCL with it until proof is submitted
by the contractor to CPCL indicating compliance with such statutes within
reasonable time, failing which CPCL shall deposit such amounts with the
authorities concerned on behalf of the contractor and inform the contractor of such
deposit or deposits.

3. The Contractor shall obtain necessary license 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.

4. 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.

5. The Contractor Shall maintains registers and records under contract labour
(Regulation & Abolition) Act 1970 and any amendment thereto as per following list.

- Register of workmen in Form No. XIII


- Employment card for each worker in Form No. XIV
- Service Certificate on termination of employment in Form No. XV
- Muster Roll in Form XVI
- Register of wages in Form No. XVII
- Register of wages cum muster Roll in Form No. XVIII
- Wage Slip to Each Workman in Form XIX.
- Register of Deductions for damages [or] loss in Form No. XX
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- Register of fines in Form No. XXI


- Register of Advances in Form No. XXII
- Register of Overtime in Form No. XXIII
- Display abstract of CLRA Act. 1970

6. The Contractor shall send a half-yearly return in Form No. XXIV in duplicate (one
copy to the Licensing Officer and another to the Management) within 30 days from
the close of half-year.

7. The Contractor shall have to produce Labour license from Labour department from
the office of the Assistant labour Commissioner (Central), before the
commencement of the work.

8. The Contractor shall maintain a register showing Name, Father’s Name,


Designation, Date of birth and address of the persons engaged along with
photographs of such person and shall produce the same for Inspection on demand
by the concerned authority.

9. Every Contractor shall furnish declaration in Form No.1 and list of persons to be
engaged by him / them for the subject work in Form No.11 prior to commencement
of job.

10. A statement in Form No. III verified by the concerned EIC shall have to be enclosed
with the Contractor’s monthly bills.

11. The Contractor shall abide by all the rules and follow the system/procedure framed
by the owner for securing compliance of various provisions of the statutory labour
Acts applicable to the owner.

12. The contractor shall obtain insurance coverage in respect of workmen towards
compensation as admissible under workmen’s’ compensation Act.1923 upon
disablement of workmen.

c. ESI & EPF Regulations:


1. The contractor shall follow the rules / regulations of EPF and ESI and any
amendment thereto submit the following and ensure total compliance.

2. The contractor shall ensure strict compliance with provisions of the Employee’s
provident Fund Act, 1952 and the scheme framed there under in so far as they are
applicable to their establishment and agencies engaged by them.

3. The provision of EPF Act and the Rules / Schemes 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.

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4. The contractor shall submit a copy of the Provident Fund membership certificate /
PF CODE number and ESIC certificate / Code number issued by concerned
authorities and it should be on individual name. A certificate from the Office of
Regional Provident Fund Commissioner, and ESIC authorities, certifying
submission of Provident Fund contribution towards all the employees engaged by
the contractor, to be submitted to EIC.

5. The Contractor has to maintain various records and registers of all details called
for by EPF organisation for the labour employed by them and has to submit the
same at any time if called for.
6. The Contractor shall send the following forms to the P.F. authorities.

Form No.2 -Declaration / Nomination from for P.F.


Form No.9 - Declaration Form
Form No.11 – Declaration/Nomination Form for pension schemes.
Monthly statement of contribution with triplicate copies of the copies of the
challan.
Form no.13 shall be required to be filled in case employees shifting from one
contractor to another.

7. The Contractor should submit copy of the EPF and ESI challans to the EIC, for
monthly remittances to the concerned authorities, by 25th of subsequent month
without fail.

8. Applicable amount will be deducted from the bill by EIC for non submission of the
documentary evidences towards the payments for ESI/PF and this shall be
minimum of 10 % or as per EIC.

9. Clearance of Final Bills by CPCL’s Contract Labour Management (CLM) Cell:

The Contractor shall


a. Enforce the provisions of ESI / EPF Act and Scheme framed there under with
regard to all the workmen / employees involved in the performance of the Contract.

b. Deduct ESI / EPF employee’s contribution from the wages of each of the
employees and deposit the same together with employer’s contribution of such
total wages payable to the employees in the appropriate account.

c. Submit documents / challan towards proof of remittance towards ESI / EPF for the
workers engaged for this work along with every RA bill to the Engineer-In-Charge.

d. Submit copies of ESI / EPF Challans every month during the Contract period to
CLM Cell.

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e. CLM Cell will not give clearance for the final bill unless ESI and EPF remittances
are made fully by the Contractor for the entire contract period and retained deposit
will be refunded to the contractor only on production of documents / challan.

d. Child Labour Prohibition:

The contractor shall strictly comply with provisions of various enactment on child
labour including "Child Labour (Prohibition & Regulation) Act, 1986 and shall not
engage any labour below the age of 18 years for any kind of work in the Refinery
premises. CPCL reserves the right to terminate the contract for violation of the
provisions of the above enactment. CPCL reserves the right to reject the persons
found not suitable for the job.

e. Compliance to Indian Factories Act & Tamil Nadu Factories Rules:

The contractor shall follow the provisions of Indian Factories Act and all rules made
there under from time to time as applicable and shall indemnify the employer
against all claims of compensations under the provisions of the act in respect of
workmen employed by the contractor in carrying out the work against all costs,
expenses and penalties that may be incurred by the employer in connection
therewith.

f. Wage Record:

The contractor shall maintain and submit wage records, work commencement/
completion certificate etc. for bill clearance. The Contractor should submit
Attendance / Salary Disbursement Register for the workmen engaged, by 25th of
subsequent month. The Contractor shall, whenever required by the Company or
Government Officials authorized under the Statutes, produce for inspection, all
forms, registers and other documents required to be maintained under various
statutes.

3.2.24.3 In the event of any claim arising due to breach of any of these laws, Rules and
regulations relating to the above subject, the contractor would be personally liable
for such breaches, violation [or] contravention of provisions of the above laws, rules,
codes etc., and in case of his failure to make payment, if owner is required to pay,
the contractor will indemnify the owner against all such claims.

3.2.24.4 The approval from any authority required as per statutory rules and regulations of
Central / State Govt., shall be responsibility of the contractor.

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

3.2.25 INDEMNIFICATION:

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The contractor is also required to indemnify the employer, if required and as decided
by the Engineer-in-charge, against any loss or claim or penalties or damages
whatsoever resulting out of non-compliance on the part of the contractor with the
provisions of aforesaid act and the schemes framed there under.

3.2.26 LAWS GOVERNING THE CONTRACT:

The Laws of India will govern the Contract for the time being in force and as
amended or made from time to time.

3.2.27 COMPLIANCE WITH STATUTORY & SAFETY REQUIREMENTS:

The contractor shall ensure that work procedures and actions fully conform with all
the relevant statutes, acts, laws and bye–laws applicable at time to time.

3.2.28 COMPLIANCE TO ISO:

The successful bidder shall comply with the guidelines and procedure of CPCL’s
ISO-9001, ISO-14001, ISO-18001. The documentation in this regard shall be
referred at the office of the CM (TPM/ISO) prior to bidding and during execution of
work.

3.2.29 INSURANCE:

3.2.29.1 Indemnity by the Contractor:

The contractor shall be responsible at all times during the currency of the contract
for and shall defend, hold harmless and indemnify the Owner and or the Owner
indemnified parties from and against any and all claims, liabilities, costs, damages
and expenses (including court cost and legal fees) arising whether by way of
indemnity or otherwise, in relation to any and all losses of every kind and nature
resulting from damage to or loss or, loss of use or recovery, or destruction of
property, or sickness, injury or death suffered by any personnel or consultant of
the contractor, its affiliates, agents or sub-contractors and damage to or loss or,
loss of use or recovery or destruction of any property or equipment belonging or
contracted to or otherwise in the custody of the contractor its affiliates, agents or
sub-contractors or its or their personnel or consultants (other than Owner
equipment) in connection with the performance of this contract regardless of any
cause howsoever arising specifically including but not limited to the default and /or
willful misconduct and / or negligence of the owner.

3.2.29.2 Contractor’s Personnel and Property:

The contractor shall be liable for and shall indemnify the owner, the participants
and owner’s personnel from and against all claims in respect of any death or injury
or contractor’s personnel and any damage to contractor’s property in each case

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caused by or arising out of the performance of this contract and whether or not
arising in respect of a serious event. The assumption of liability and the indemnity
contained in this clause extends to any claims made against the owner pursuant
to any provision of any agreement, whenever effective, under which owner
assumes liability in respect of and or indemnifies and or otherwise compensates
any other person or body in respect of the death or injury of contractor’s personnel
and any damage to contractor’s property arising in respect of a serious event.

All contractor’s personnel which may include permanent, temporary or casual,


servants, agents and / or representatives, contractual or otherwise, either
contractor’s and /or their sub-contractors, affiliates/subsidiaries/co-ventures shall
be covered under contractor’s workers compensation and employers liability
insurance of statutory benefits and any damages or compensation payable in
respect of accidents of injury as set forth and required by applicable law in the area
of operations or such other jurisdiction under which contractor may become
obligated to pay benefits. Employers’ liability insurance, including appropriate
coverage covering all contractors’ personnel shall be provided to meet the
requirement of this clause or as required by applicable statute, whichever is
greater. Workmen’s compensation and / or employers’ liability insurance covers
or coverage of comparable nature, to the full extent required by all statute/laws
applicable in any jurisdiction of operations hereunder in the course of contract shall
be effected by the contractor for the appropriate limits and for the entire period of
the contract.

3.2.29.3 Personnel Injury and Property Damages:

a. Contractor shall indemnify and hold harmless the indemnified all claims resulting
from personal injury to any personnel, employees, sub-contractors or agents of
contractor or damage to any property of contractor or any employees or agent or
sub-contractor arising out of the performance of the services, whether or not the
personnel injury or damage to property is caused by or contributed to by the
negligence or other legal fault of the indemnified.

b. Contractor shall further indemnify and hold harmless the indemnified against all
claims resulting from personal injury to any person (s) (other than employee or
agent of contractor or employee or agent of owner) or damage to any property to
the extent that the personal injury or damage is contributed to by negligence or
other legal fault of the contractor.

3.2.29.4 Third party and Third party property:

Third party liability insurance shall be provided for liability arising from all
operations of contractor including accidental / similar liabilities. The policy shall
include coverage for premises and operations including operations off shore. It is
expressly the term third party shall mean and include any person other than that
employed by contractor himself and shall not extend to any person in employment

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of owner or sub-contractor / associates / affiliates / subsidiaries/ co-ventures and


or other similar agencies.

Contractor shall be liable for and shall indemnify Owner and owner’s personnel
from and against all claims in respect of any death or injury of a third party and any
damage to third party property upto a sum of Rs. Five Lakh in respect of each and
any single incident caused by or arising out of the performance of this contract by
contractor or its sub-contractors. If any such claim or claims exceeds Rs. five Lakh
liability for the excess shall, as between the Owner and the contractor, be borne in
proportion to what the respective liabilities (if any) in the law of negligence are or
would be in respect of the incident in question.

3.2.29.5 Due Diligence:

Apart from complying with the various expressed conditions it is necessary for the
contractor to take reasonable precautions.

- For safety of the property insured.


- In selection of labour
- To prevent injury, loss or damage
- To ensure all compliances including safety, etc. at all times during terms
of contract

It is also requires that the insured

-To allow the insurer’s access to examine the insured’s premises plant and
equipment
-To minimize loss in the event of an accident

3.2.29.6 Compliance with Insurance Warranty:

The contractor is solely responsible for all the insurance warranties attached to the
policies taken by him. The owner should not be held responsible in any manner
for non-compliance of the warranty.

3.2.29.7 Description not Limitation:

The insurance coverage referred to the relevant clause connected with insurance
indemnity shall be set forth in full in the respective Policy forms, and the foregoing
descriptions of such Policies are not intended to be complete, nor to alter or amend
any provision of the actual Policies and in matters, if any, in which the said
description may be conflicting with such instruments, the provisions of the Policies
of the insurance mutually agreed by the parties shall govern, provided, however,
that neither the content of any Insurance Policy or Certificate nor owner’s approval
thereof shall relieve the Contractor of any of its obligations under the Contract.

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3.2.29.8 Any other Insurance as required under Law:

CONTRACTOR shall also carry and maintain any and all other insurance(s), which
may be required under any law or regulation from time to time without any extra
cost to OWNER. Contractor shall also carry and maintain any other insurance,
which may be reasonably required by OWNER.

3.2.29.9 General Insurance Requirement:

All insurance’s required under Clause shall be on terms and conditions issued by
insurance companies or underwriters acceptable to the Owner.

3.2.29.10 Non Performance of Contractors Insurance Companies:

The insolvency, liquidation, bankruptcy or failure of any insurance company


providing insurance for Contractor or its sub-contractors or failure or denial of any
such insurance Company to pay claims accruing, shall not be considered a waiver
of, nor shall it excuse Contractor from complying with, any of the provisions of this
Contract. Nevertheless, such liability shall be to the sole account of the Contractor.

3.2.29.11 Failure to provide required Insurance:

In the event that owner reasonably disapproves of the insurance companies


concerned, or if any of the insurance policies be not procured or maintained
pursuant to owner, at its option, may notify contractor that the failure to provide the
insurance is a material omission whereupon it is agreed that owner, at its sole
option, shall have the right either to purchase similar coverage, the cost thereof to
be reimbursed forthwith by Contractor to Owner, or alternatively, to be deducted
by the owner from any sum due or thereafter becoming due to contractor from
owner whether under this contract or any other contract to which both owner and
contractor are parties. In any case, the liability in such situations shall be to the
sole account of the Contractor.
Owner, exercising right to take appropriate policy under the above situation will in
no way make themselves liable even if there is any deficiency in the Policy so
availed of.

3.2.29.12 No Limitation of Liability

The required coverage referred to and set forth in the relevant Clause shall in no
way affect or limit Contractor’s liability with respect to performance of the work or
any obligation under the Contract.

3.2.29.13 Period of the Insurance:

The contractor shall take the required insurance cover as above for this work and
shall effective from the date of signing of agreement with the owner. Policies shall

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be renewed regularly till the completion of contract period including extension if


any.

3.2.29.14 Owner’s Personnel and Property:

Owner shall be liable for and shall indemnity contractor, its sub-contractors and
contractor’s personnel from and against all claims in respect of any death or injury
of Owner’s personnel and any damage to Owner’s property, in each case cause
by arising out of the performance of this contract and whether or not arising in
respect of a serious event.

The CONTRACTOR shall take required insurance cover for all personnel and
equipment controlled by him, including risk of consequential liabilities in the event
of accidents or incidents created by human error and / or break down of equipment
under the control of the contractor, so as to indemnify CPCL. Details of insurance
cover and cost considered for covering:

 Workmen compensation and / or Personal Accident for Contractors Personnel /


Staff including Crew Members.

 COMPREHENSIVE GENERAL LIABILITY (Consequential Liability) Subject to


an upper limit of Rs.5.00 Lakh covering Third Party Liability including property
and personal injury.

The Contractor will Co-Operate with CPCL for all disclosure and evidences to avoid
double costs of insurance. Insurance Policy covering all the work men against
injury, permanent disability, death etc., which shall be effective from the date of start
of contract and cover for the entire period of contract including extended
period/defect liability period, if any.

Insurance policy covering payment of ex-gratia amount of Rupees Five Lakh in case
of fatal accidents to the contract labour engaged by him. As and when a fatal
accident takes place. The contractor is required to pay the ex-gratia amount within
30 days from the date of accident to the legal heir of the deceased. This insurance
policy is to be taken by the contractor and above the provisions specified under
clause “Third Party” and “Workmen’s Compensation” in the given elsewhere in the
tender document.

3.2.29.15 PMJJBY AND PMSBY:

The contractor shall enroll all the workmen to be engaged for the subject work
under the Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) and Pradhan
Mantri Suraksha Bima Yojana (PMSBY) schemes. The proof for having enrolled
the workmen must be submitted to the EIC within 10 days from receipt of Letter of
Acceptance (LoA). The coverage period under these schemes is from 01st June
to 31st May ever year. If the subject work overlaps the said period, the contractor

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has to ensure coverage of the workmen deployed for such duration/coverage


period.

3.2.30 CONSTITUTION OF THE CONTRACTOR:

3.2.30.1 The Contractor shall not change the composition during the currency of the contract
without the prior approval of the Company. Any happening like Death/ Resignation
of any partner/director/member shall be notified within 24 hours of such happening,
in writing, immediately to CPCL, Manali, Chennai 600 068. On receipt of such
notice, the Company reserves the right either to terminate or continue the contract.

3.2.30.2 In the event of any dispute, legal or other proceedings by any party or parties
concerning the constitution or composition of the Contractor, the Company reserves
the right to take such necessary action as it deems fit, including termination of
contract and withholding payments due or accrued to the Contractor.

3.2.30.3 The contract shall be awarded on the basis of “PRINCIPAL-TO-“PRINCIPAL” and


the Contractor shall be deemed to be an independent Contractor engaged for the
performance of services in the manner and to the extent provided in these presents.

3.2.31 SCOPE OF WORK:

The Scope of work of the contractor covered by this contract shall be as stipulated
under Section 4 – Scope of Works & Scope of Supply, but not limited to the
same as detailed elsewhere in this tender document.

Note: Various preparatory work shall have to be carried out well in advance prior
to commencement of work and all precautionary safety measure for
obtaining the hot / cold work and entry permit on day to day basis need to
be strictly adhered by the Contractor for timely and successful completion
of work.

3.2.32 MOBILIZATION ADVANCE:

No mobilization advance will be paid by CPCL for this contract.

3.2.33 CONSUMABLES, TOOLS & TACKLES:

3.2.33.1 The contractor shall arrange for all consumables like light, torch cells, cheap cloth,
cotton waste, manila rope, detergents etc., which may be required during the course
of work by the contractor at their own cost.

3.2.33.2 Contractor shall provide all required equipment / tools and tackles, etc., required for
the subject work.

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3.2.33.3 The contractor shall furnish their list of tools to be deployed for the work. They shall
arrange for affixing permanent identification marks for all his tools in the presence
of CPCL personnel. These tools shall be subjected to CPCL inspection and
approval.

3.2.33.4 The Contractor shall provide personal protective equipment like use safety shoes,
helmets, safety goggles, safety belts, gloves and fall arrestors for the works, to all
the workmen engaged by them and ensure the usage appropriate PPEs. The
contractor shall arrange for these safety appliances and other safety related items,
which may become necessary for the safe working at their own cost. Penalty will
be levied if any contractor’s workmen found not adhering to safety requirements.
The decision of the Engineer-in charge will be final on this matter.

3.2.34 MATERIAL SUPPLIED FREE OF COST:

Handling of owner’s free of issue material shall be as follows:

3.2.34.1 Materials supplied by owner shall be duly protected by the contractor at his own
cost. Before lifting the material from owners store, contractor shall ensure that
material received are free from any visual damage.

3.2.34.2 The material issued to the contractor, though the property of the owner, will remain
under the custody of the contractor. The contractor will be responsible to preserve
them in good working condition as required by Engineer-in-charge to the
satisfaction of the owner till such time they are erected, tested, handed over to and
taken over by the owner after the job is completed in all respects. For any loss or
damage to materials while in the contractor's custody, recoveries will be made from
the contractor’s bill and the decision of the Engineer-in-charge as to the amount of
recovery shall be final.

3.2.35 MATERIALS AND TRANSPORT:

All materials except mentioned otherwise in the items of the attached bill of
quantities, for successful completion of work shall have to be procured and
supplied by the successful tenderer at his own cost. The materials supplied by the
contractor shall be of approved quality and approval also shall have to be taken
from the Engineer at site before using the materials to the work. Rejected
materials, if any, shall have to be removed by the contractor with his own labour
and transport at his own cost immediately on receipt of the instruction.

3.2.36 CONSTRUCTION WATER AND POWER:

Clause Nos. 6.6 & 6.7 of GCC shall stand partially modified to following extent:

Construction water and construction power shall be provided free of cost by the
CPCL at one point. Contractor shall at his own cost make arrangements for further

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distribution to work site. The distribution network arrangement shall have the prior
approval of Engineer-in-charge. All electrical connections carried out by contractor
shall meet the statutory requirements.

3.2.37 DEDUCTIONS:

All the deductions like income tax, works contract tax and any other applicable
taxes and duties etc. that are required to be made as per prevailing laws and the
conditions of contract will be deducted from the bill before payment. Relevant
certificates will be issued by CPCL Finance Department.

3.2.38 FAILURE OF THE CONTRACTOR:

If the Contractor fails to complete the work and the order is cancelled / terminated,
the amount due to the Contractor on account of work executed, if payable, shall
be paid only after due recoveries including risk and cost and also supervisory
charges as per the provisions of the contract without prejudice to the right, other
alternatives / remedies available as per Law and that too after alternative
arrangements to complete the work has been made.

3.2.39 DEFAULT BY CONTRACTOR:

The successful tenderer may be debarred or shifted to Holiday List at the discretion
of the company, from issue of further tender documents work orders etc., for a
specified period to be decided by CPCL in case of Undue delay in starting and
execution of work awarded, poor performance, backing out from the tender, non-
accepting work order / LOI during the validity of tender or non-observance of safety
rules and regulations, misappropriation of company’s materials/property, non-
payment of due wages to labour or such similar defaults. without prejudice to the
right, other alternatives / remedies available as per Law

3.2.40 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK:

The work during its progress or during the defect liability period can also be
inspected by the Chief Technical Examiner or his authorized representatives of the
Central Vigilance Commission and any defects pointed out by him shall be
attended to by the contractor in the same manner as specified in Clause-77 of
General Conditions of Contract.

3.2.41 LIABILITY FOR BAD WORKMEN SHIP:

In the case, the work executed results in bad workmen ship due to material [or]
workman ship defects which is identified at a later date within the defects liability
period, the contractor has to made good the same within a reasonable period of
time, failing which the amount already paid for the subject work will be recovered

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from the balance payment of the contractor without prejudice to the right, other
alternatives / remedies available as per Law.

3.2.42 ECS PAYMENT:

3.2.42.1 The bidders are advised that all payments related to this subject work would be
made through Electronic Clearance Service (ECS). The bidder would be required
to provide particulars of their bank account along with the bid. The payment will be
made through ECS only.

3.2.42.2 Under this procedure, both CPCL and the bidders are contractually bound by the
correctness of the bank particulars given in the award of contract and is therefore
a more safe and secure method. In the event of change in bank account during the
pendency of the order, it is the responsibility of the bidder to advise CPCL of the
changes under the signature of an authorised person in their letterhead and seek
an amendment to the AOC if required.

3.2.42.3 Failure on the part of the bidder to communicate changes in bank account nos. (for
reasons which may include change in the constitution of a party due to
amalgamations/ mergers/take-over) or delay in receipt of communications or non-
updation of bank account nos. may result in payments being made to an unrelated
account for which CPCL will not be responsible.

3.2.42.4 Particulars of bank A/C

(a) Bank Name


(b) Branch Name & Address
(c) Phone No.
(d) Type of account
(e) Account Number
(f) Nine (9) Digit MICR code Number of the Bank and branch

Declaration letter from the bidder on the company letterhead to participate in ECS
of national clearing cell of Reserve Bank of India and the same to be attested by
the bank Manager.

3.2.43 QUANTITY VARIATIONS:

Quantity variation clause shall be as per relevant clause in General Conditions of


Contract (GCC)

3.2.44 INSPECTION:

3.2.44.1 The work is subject to inspection at all times by the CPCL Engineer-in-charge. The
contractor shall carryout all instructions given during inspection and shall ensure

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that the work is carried out according to the technical specifications of this tender
and with relevant codes of practice.

3.2.44.2 CPCL Engineer-in-charge or any person deputed by him shall test / inspect the
works carried out.

3.2.44.3 After completion of all tests as per specification the whole work will be subject to a
final inspection to ensure that the job has been completed as per requirement. If
any defects noticed in the work are attributable to the Contractor, these shall be
attended by the Contractor at his own cost as and when they are brought to his
notice by the Owner / Engineer-in-Charge. The Owner / Engineer-in-Charge shall
have the right to have these defects rectified at the risk and cost of the Contractor
if he fails to attend to these defects immediately.

3.2.45 FORWARDING OF MATERIALS

All dismantled unserviceable materials are to be disposed off to the earmarked


places within the Refinery premises as directed by Engineer-in-charge at the
contractor’s own cost. The contractor shall have to arrange transport for forwarding
any usable/ saleable materials that may be found during the process of execution
of the work to the CPCLs’ store / scrap yard or any other Site/ Godown including
labourers, transportations, loading, unloading all complete as per the direction of
the Engineer-In-Charge. No separate payment will be made to the contractor on
this account unless specifically mentioned in the B.O.Q.

3.2.46 DELAY COMPENSATION:

3.2.46.1 Delay compensation shall be as per General conditions of contract.

3.2.46.2 CPCL reserves the right to take over jobs in full or part the progress of which are
found to be behind schedule and unsatisfactory, and carry out such jobs through
other agencies. The cost of such jobs taken over and executed shall be recovered
from the original contractor at actual. Including risk, cost, damage that may be
incurred by CPCL

3.2.46.3 No bonus clause is applicable for this contract.

3.2.47 RECOVERIES:

3.2.47.1 Damage cause wilfully or through gross negligence to any of the CPCL issued
materials / equipment / tools by the contractor shall be made good by the contractor
at his own cost, failing which the actual cost working out by the Engineer-in-charge
shall be deducted from the contractor’s running account bill.

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3.2.47.2 While quoting the rate for the services to be rendered by him, the contractor shall
take into consideration all statutory obligations including the liabilities towards
Gratuity / Retrenchment, Compensation, Leave / Holiday wages etc.

3.2.47.3 The rate to be quoted by the contractor for different kinds of work, which should be
inclusive of all charges and no separate payment will be made whatsoever be the
reason.

3.2.47.4 If any of the workers employed by the contractor is found to indulge in act
subversive of discipline, the same will be brought to the knowledge of the contractor
and he shall arrange for replacement of such personnel.

3.2.47.5 It shall be clearly understood that the personnel to be deployed by contractor are
their own workers and they have no binding whatever with company. The contractor
shall indemnify the company from all liabilities arising out of deployment of
personnel and other issues related thereto.

3.2.47.6 In case the premises covered by this contract are not put into use by CPCL, the
same will be intimated to the contractor and due deductions will be made
accordingly.

If the service of the contractor is found to be unsatisfactory during the stipulated


contract period and for any other reasons, CPCL reserves the right to short close
the contract without assigning any reasons whatsoever. However, the contract is
terminable on either side by giving one month’s notice.

3.2.48 REDUCTION OF PAYMENTS:

If a breach of the Contract is committed by the Contractor or if there are


continual absence or non availability of personnel, unsatisfactory timekeeping,
poor progress in planned performances, failure of minimum resource
mobilization / deployment resulting in delayed completion / poor performance
, violation of safety rules or refusal or delay in acting upon any reasonable
instructions, the Engineer-in-Charge, without prejudice to any other rights and
remedies open to him, at his own option, shall reduce the amount payable for
performance of the work of the calculated amount as per requirements of the
Contract, during the period of default.

3.2.49 RIGHT OF DEDUCTION:

CPCL, without prejudice to any other method of recovery and other alternative
legal remedies, reserves the exclusive right to deduct the amount due to it or
reduction of payment as stipulated, hereof, from money in its hands, due or which
may become due to the Contractor under this Contract or any other contract or
from the Performance Bond. Such deduction shall not relieve the contractor from
his obligations to complete the work or from any other of his obligations and

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liabilities, all of which without any notice or legal action and the Contractor shall
have no right to object to the same.

3.2.50 TEMPORARY WORKS:

All temporary works, ancillary works, enabling works, underground clearances


including dewatering of surface and subsoil water, preparing approaches and
working areas, wherever required for execution of the work, shall be the
responsibility of the Contractor, and the price quoted by them shall be deemed to
have included the cost of such works.

3.2.51 EXISTING SERVICES/STRUCTURES:

Structures, drains, pipes, cables, overhead wires and similar services encountered
in the course of the works shall be guarded from injury by the contractor at his own
cost, so that they may continue in full and uninterrupted use to the satisfaction of
the OWNER.

Should any damage be done by the contractor to any structures, mains, pipes,
cables or lines (whether above or below ground etc.), whether or not shown on the
drawings, the contractor must make good, or bear the cost of making good the
same without delay to the satisfaction of the Engineer-in-charge.

3.2.52 CONTRACTOR’S FIELD OFFICE, GODOWN, WORKSHOP AND CAMP


FACILITIES:

Contractor shall, if required by him, for the entire duration of the execution of the
work arrange construction of Contractor’s office, warehouse and workshops
required for the execution of the Contract. The Contractor shall at his own cost
construct all temporary buildings/facilities and provide suitable water supply and
sanitary arrangement as required. Such facilities as constructed by Contractor
shall be maintained by Contractor at his own cost.

3.2.53 STATUTORY REQUIREMENT:

3.2.53.1 The approval from any authority required as per statutory rules and regulations of
Central/State Government shall be the contractor's responsibility unless otherwise
specified in the tender document.

3.2.53.2 The application on behalf of the Owner for submission to relevant authorities along
with copies of required certificates complete in all respects shall be prepared and
submitted by the contractor well ahead of time so that the actual construction /
commissioning of the work is not delayed for want of the approval/inspection by
concerned authorities. The inspection of the works by the authorities shall be
arranged by the Contractor and necessary coordination and liason work in this
respect shall be the responsibility of the Contractor. However statutory fees paid,
if any, for all inspections and approvals for permanent establishment by such
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authorities shall be reimbursed at actuals by the Owner to the Contractor on


production of documentary evidence. The statutory fees paid in the case of
approvals for the Contractors equipments, materials and workmanship shall not be
reimbursed.

3.2.53.3 Any change / addition required to be made to meet the requirements of the statutory
authorities shall be carried out by the Contractor free of charge. The inspection and
acceptance of the work by statutory authorities shall, however, not absolve the
contractor from any of his responsibilities under this contract.

3.2.54 DRAWINGS & DOCUMENTS:

3.2.54.1 The drawings accompanying the tender document are of indicative nature and
issued for tendering purpose only. Purpose of these drawings is to enable the
tenderer to make an offer in line with requirements of the Owner. However, no extra
claim whatsoever shall be entertained for any variation in the “Approved for
Construction” and “Tender Drawings” regarding any changes/units. Construction
shall be as per drawings/specifications issued / approved by the Engineer-in-
Charge during the course of execution of work. Detailed construction drawings on
the basis of which actual execution of work is to proceed will be furnished to the
Contractor progressively based on the detailed construction programme evolved
after the award of work and also based on construction progress achieved.

3.2.54.2 Detailed working drawings on the basis of which actual execution of the works is to
proceed, will be furnished from time to time during the progress of the work. The
contractor shall be deemed to have gone through the drawings and bring to the
notice of the Engineer-in-Charge discrepancies if any, therein before actually
carrying out the work.

3.2.54.3 Copies of all detailed working drawings relating to the works shall be kept at the
Contractor’s office on the site and shall be made available to the Engineer-in-
Charge at any time during execution of the contract. The drawings and other
documents issued by the Owner shall be returned to the Owner on completion of
the works.

3.2.55 Security DEPOSIT:

The bidder should deposit as per terms and conditions of GCC exclusive of taxes,
duties and other levies towards security deposit, by way of either Demand Draft or
Bank Guarantee for satisfactory performance and for completion of all obligations
under the said contract.

3.2.56 VERIFICATION OF CHARACTER & ANTECEDENT (C&A) OF CONTRACT


WORKERS:

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As per the directives of Intelligence Bureau, Ministry of Home Affairs, Government


of India, Character & Antecedent verification of all contract workers must be
carried out before employment. A recent certificate from the Police Head
Quarters of the respective States (based on the residential address of workers)
referring C&A verification be submitted, wherever and whenever required, before
the workers are deployed for work with appropriate validity.

C&A verification has to be done through online portal for the contract workers
domiciled from Tamil Nadu and other States. Contractors shall submit the
Police Verification Certificate for their workers along with copies of Aadhaar
Card, Bank Pass Book, ESI-Pehchan Card, EPF-UAN Number etc., while
applying for labour entry pass. Police verification cerificates will be checked
online to ensure genuinity. The cost of obtaining the above mentioned
documents should be borne by the contractor and CPCL will not reimburse.
3.2.57 REGISTRATION OF VENDORS IN GOVERNMENT E-MARKET PLACE:

It shall be mandatory for the bidders to be registered on GeM portal and obtain a
Unique GeM seller ID at the time of placement of order/acceptance of contract.
This unique GeM seller ID is required to be incorporated in the Purchase
order/contract. In case, bidder has alread obtained this Unique ID, the same is to
be provided along with the bid. Otherwise, in case of award of order/contract,
successful bidder is required to provide the Unique GeM seller ID with in ten days
from the last date of bid submission. As this unique ID is required to be
incorporated in Purchase Order/Contract, any delay in providing this will be on
account of the supplier/contractor.

3.2.58 INCOME TAX ACKNOWLEDGEMENT:

In order to ensure compliance of Sec-206AB/206CCA of Income Tax Act 1961,


Vendor needs to submit the ITR acknowledgements of previous two years and
declaration stating inapplicability of sections 206AB/206CCA while submitting the
tender documents and invoice thereon”. Bidders shall submit the same vide
Format titled “Declaration for the purpose of Section 206AB & 206CCA of Income-
tax Act, 1961” of the tender document.

3.2.59 CERTIFIED SKILLED WORKFORCE TO BE ENGAGED BY THE


CONTRACTOR:

Of the total workforce to be engaged for the subject works, it is mandatory that
minimum 10% or above of the workforce are to be skilled workers as certified by
Ministry of Skill Development and Enterpreneurship. However, the engagement
of skilled workforce is to be made 100% progressively in a phased manner, to
achieve the mission of Government of India on spreading the culture of utilizing
certified skilled workers by the year 2026-2027.

3.2.60 PRE/ TECHNICAL - QUALIFICATION DOCUMENTS VERIFICATION:

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3.2.60.1 Document verification with originals shall be carried out after opening of price bids.
Since documents are submitted by the bidder in the tender, the responsibility of
authenticity of documents shall be with the bidder.

3.2.60.2 Bidder shall be required to present their original documents to the tender inviting
authority within a period of 7 days from the date of intimation by CPCL.

3.2.60.3 In case it is observed that if any bidder submitted forged documents/credentials,


necessary action for holiday listing of the bidder shall be carried out including
forfeiture of EMD.

3.2.61 ARBITRATION:

The arbitration clause shall be as per GCC enclosed along with this tender except
GCC clause no. 12.2 – “Settlement of disputes with other than PSUs and Govt.
Departments”, which is replaced as detailed below:

“Any dispute arising out of or relating to this Agreement, or the breach or validity
thereof, shall be finally settled by arbitration in accordance with the Arbitration and
Conciliation Act, 1996 (the “Act”) by a sole arbitrator to be appointed by the
Managing Director of the Owner in the manner herein below stated. The Party
requiring that the dispute be referred to arbitration shall do so by a written
notification to the other Party with a copy to the Managing Director of the Owner.
Within 30 days of receipt of such notification, the Managing Director of the Owner
shall notify to both parties the name and address of three individuals who are not
connected with the Owner, for appointment as the sole arbitrator. Within 10 days
of receipt of such notification, the Party other than the Owner shall select one out
of the three individuals and communicate such person’s name to the Owner and
the Managing Director of the Owner. On receipt of such communication, the
Managing Director of the Owner shall forthwith appoint the individual so selected
as the sole arbitrator; provided that in the event the Party other than the Owner,
refuses or omits to so communicate within the said 10 days, the Managing Director
of the Owner shall forthwith appoint anyone out of the three individuals as the sole
arbitrator. The arbitration shall be held at Chennai and the arbitration proceedings
shall be conducted, and the award shall be rendered, in English. The award shall
state the reasons upon which it is based. The costs of the arbitration proceedings
shall be borne equally by the two parties. Interest, if awarded by the arbitrators,
shall be at a rate not exceeding the Cash Credit Rate prevailing on the date of the
award. This Agreement, and the rights and obligations of the Parties, shall remain
in full force and effect pending the award in any arbitration proceedings. For the
purposes of this clause, the term „dispute‟ shall include a demand or difference of
any kind whatsoever, arising out of this Agreement and respecting the performance
thereof, whether during the Term of this Agreement including extensions if any, or
after completion, and whether before or after termination, abandonment or breach
of the Agreement.” The fees payable for the Arbitrator shall be as per the Act.

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Others:

Web based Bill Tracking system (BTS):


Bill Tracking System (BTS) is to track the status of invoices raised by the vendors
on-line. Upon despatch of the materials, vendor shall submit their invoices as per
the payment terms and conditions stipulated in the purchase order. Vendor shall
also furnish the details of their invoices in the on-line web based BTS of CPCL,
details of which are furnished below.
The original invoices shall be sent to Engineer-In-Charge (EIC), Chennai
Petroleum Corporation Ltd, Manali, Chennai - 600068 along with the system
generated BTS acknowledgment slip with bar code. The payment term as per
purchase order shall be reckoned from the date of receipt of invoices duly
accompanied by the respective BTS acknowledgement slips. Invoices submitted
by the vendors accompanied by the BTS acknowledgement slips shall only be
processed by CPCL and payment shall be released on time.
Invoices submitted by the vendors without BTS acknowledgement slips will not be
processed and any consequent delay in payment shall be attributable to the
vendor. Hence, vendor is informed to enter the invoice details on the BTS system
and also attach the BTS acknowledgement slips along with the original invoices
without fail.
CPCL BTS Website Address:
https://pms.cpcl.co.in/cpclbts/Account/Login. To access the BTS system,Vendors
shall sign up (One time registration) using their Vendor Code as User ID. Password
cab be created by the Vendors on line. Vendors have to register their Email IDs
and Cell Phone numbers while signing up. BTS shall update the Invoice/Payment
status to the Vendors through their registered Cell numbers/E-mail IDs. HELP
menu is also available in the Bill Tracking System for reference".

Generation of E-Invoice:
A person having aggregate turnover of more than Rs.500 Crs. is mandatorily
required to generate e-invoice for B2B supplies w.e.f. 1st October, 2020. {Rule 48
(4) CGSTR 2017}. Supplier to provide/upload the required information in Form
INV-01 on e-invoice common portal which would generate "invoice reference
number" (IRN) and QR code. Supplier to print such IRN number and QR code on
his tax invoice. Any B2B invoice without IRN & QR code by notified person shall
be treated as invalid. Further, Notification No. 70/2019-CT dated 13.12.2019
provides that a person having turnover of more than Rs. 500 Crs. is required to
provide QR code for B2C invoices. For details please refer to GST Notifications
numbering 68/2019-CT to 72/2019CT dated 13.12.2019.

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The bidders who are covered under the mandatory requirement of e-invoice, is
requested to issue tax invoices in compliance with e-invoice provisions for the
supplies being made to CPCL from the notified date. Effective 01.10.2020, tax
invoice without IRN and QR code is an invalid invoice.

Trade Receivable e-Discounting System (TReDS).


TReDS is an online electronic institutional mechanism for facilitating the financing
of trade receivables of MSEs through multiple financiers. The TReDS Platform will
enable discounting of invoices/bills of exchange of MSEs Sellers / Contractors
against large Corporates including Govt. Departments and PSUs, through an
auction mechanism, to ensure prompt realization of trade receivables at
competitive market rates.

CPCL has registered itself on TReDS Platform with M/s RXIL, Mumbai.

You are requested to kindly on-board/ register on TReDS Platform.

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Chennai Petroleum Corporation Limited Conciliation Rules, 2018

Whereas Chennai Petroleum Corporation Limited (hereinafter referred as CPCL) is


increasingly focused on Conciliation as a Dispute Resolution Mechanism and hereby frames
the present Rules in conformity with Part – III of the Indian Arbitration and Conciliation Act,
1996 for speedier, cost-effective and amicable settlement of disputes through conciliation.

1. TITLE
These Rules shall be called the Chennai Petroleum Corporation Limited Conciliation
Rules, 2018.

2. (i) DEFINITIONS
“Conciliation” means a process, whereby parties by mutual consent appoint Settlement
Advisory Committee (SAC) to assist them in their attempt to reach an amicable settlement
of their dispute arising out of a contractual relationship. The SAC does not have the
authority to impose upon the parties a solution of or to the dispute.

“Contract” means Work Contract (including its Special and General Conditions)
covering jobs relating to Engineering, Procurement, Construction etc. / Material
Procurement agreements of CPCL , if applicable to the relationship out of which the
dispute arise.

“Contractor” means the contractor defined under the relevant contract who is a party to
the conciliation proceedings.

“Approving Authority” means the Director, Managing Director, Projects and Planning
Committee or Board of Directors as per the financial limit provided in Rule 17 of this
Rule.

“Dispute” means Notified claims of the Contractor as defined in the Contract or any
Claim mutually agreed by CPCL and the Contractor to be referred for settlement through
conciliation in terms of these Rules. It shall also include any claim of CPCL arising out of
the Contract.

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“CPCL” means Chennai Petroleum Corporation Limited.

“Rule(s)” means these Conciliation Rules.

“Panel of Conciliators” means the list of eligible persons selected by the Legal
Department of CPCL and approved by the Managing Director of CPCL to act as
Conciliators in Conciliation proceedings under the Rules.

“Party” means CPCL and the Contractor individually and “Parties” mean CPCL and the
Contractor collectively.

“SETTLEMENT ADVISORY COMMITTEE”: The Conciliators, as and when


appointed for a specific Conciliation proceeding, shall constitute and function by the name
and style of “Settlement Advisory Committee” (hereinafter also referred as “SAC”) in
regard to the dispute referred for Conciliation.

“Settlement Agreement” shall mean the agreement arrived between the parties in
settlement of all disputes forming the subject matter of the Conciliation.

“Working Day” means any day between Monday to Friday including both Monday and
Friday, between 10.00 A.M. and 5.00 P.M. (Indian Standard Time), excluding Gazetted
holidays and all other holidays declared by the Government of India or CPCL.

The masculine gender shall include female and neutral genders and vice-versa. The
singular shall include the plural and vice-versa.

3. SCOPE AND APPLICABILITY

a) These Rules shall be apply to the Disputes involving claims of not less than Rs.
10,00,000/- (Rupees Ten Lakhs).
b) These Rules shall be applicable if the works forming the subject matter of the Contract
have been successfully completed and the Contractor/ CPCL has requested in writing
for Conciliation of specific dispute under the Rules. However, in exceptional cases
Dispute(s) under an ongoing Contract may also be referred based on specific approval.
For clarity, Disputes pertaining to Contracts which have been abandoned by the Parties
would not be covered under the said Rules.
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c) Subject to sub-rule (a) & (b) these Rules shall be applicable to Conciliation of Disputes
involving CPCL in domestic or international Contracts.
d) Conciliation under these Rules shall be applicable only to disputes which the parties
have agreed to be referred to for Conciliation in accordance with these Rules and a
party shall not during the period of Conciliation raise a claim, counter claim or defense
as dispute which the parties had not or do not agree to refer to Conciliation.
e) With the consent of the Parties, Conciliation under these Rules may be invoked, even if
Conciliation is not the prescribed Dispute Resolution Mechanism and/ or these Rules
are not the prescribed Conciliation Rules under the relevant Contract/Agreement.
f) Pendency of Arbitral or Judicial proceedings shall not constitute any bar on
commencement of Conciliation proceedings under the Rules, even if the proceedings
under these Rules are on the same dispute as the subject matter of the Arbitral or
Judicial proceedings.
g) The Rules embody a broad standard Conciliation Procedures for a flexible, systematic,
expedient and amicable settlement of disputes and Parties. Any departure or deviation
from the Rules shall not however render a Conciliation Proceeding void or defect or
affect the validity or any Settlement Agreement reached pursuant thereto. However,
such departure or deviation shall be in writing.

4. PANEL OF CONCILIATORS
a) The Legal Department of CPCL shall with the approval of the Managing Director,
CPCL prepare and maintain a Panel of Conciliators consisting of persons having good
standing in the field of Technical or Finance/Commerce or Legal. The note categorizing
eligible persons, in this regard would be put up by Legal Department through Director
(Finance) for approval of the Managing Director. The Managing Director may add any
name to or delete any name from the Panel of Conciliators.
b) Following persons shall be eligible for consideration for empanelment in the Panel of
Conciliators:

i. Retired Civil Servants of Govt. of India not below the rank of Additional
Secretary.
ii. Retired Directors/Chairman of any “Maharatna” / “Navratna Company in India
other than Chennai Petroleum Corporation Limited, Indian Additives Limited
and Indian Oil Corporation Ltd.
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iii. Retired Independent Directors who have served on the Board of any
“Maharatna” / “Navratna”/ Company in India other than Chennai Petroleum
Corporation Limited, Indian Additives Limited and Indian Oil Corporation
Ltd.
iv. Independent Experts in their respective fields preferably registered with the
Indian Council of Arbitration or The Madras High Court Arbitration Centre or
Federation of Indian Chambers of Commerce and Industry or SCOPE Forum
for Conciliation and Arbitration.
v. Serving and Retired Independent External Monitors of Maharatna, Navratna
Companies in India.

Explanation: In the sub-rule (b) in regard to Conciliators from legal field Director
shall be read as Chief General Manager.

c) In preparing the Panel of Conciliators the appointing authority shall have regard to such
considerations as are likely to secure the appointment of independent and impartial
conciliators who are neither Employees nor Consultants nor Professionals or Advisors
of CPCL including its Subsidiaries and Joint Ventures and also Indian Oil Corporation
Limited.
d) A person shall be empanelled as a conciliator only after obtaining his consent to be so
empanelled.
e) The Panel of Conciliators shall contain an Annexure, giving details of the qualifications
of the conciliator and his professional or technical experience and qualifications.
f) When a person is approached in connection with his possible appointment as
Conciliator, he shall disclose any circumstances likely to give rise to justifiable doubts
as to his impartiality or independence. A Conciliator, from the time of his appointment
and throughout the conciliation proceedings, shall without delay disclose any such
circumstances to the Parties unless they have already been informed of such
circumstances. Such person shall not act or continue to act as Conciliator if a party
objects to his so acting or continuing to act. Such circumstances shall include:

i. An interest in or connection with the subject matter of the dispute;

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ii. A relationship with a party or his representative, including a relationship of


lawyer and client

g) An appointment on the Panel of Conciliators under sub-rule (a) shall ordinarily be for a
period of 3 (Three) years from the date of appointment. Such period may be extended
or curtailed at the discretion of the Managing Director, CPCL. The Panel of
Conciliators shall be reviewed on bi-annual basis by the Managing Director, CPCL.
Conciliators exceeding the age of 75 years shall cease to exist on the Panel of
Conciliators and/or to be empanelled/appointed as Conciliators, notwithstanding the
date of said appointment. However, Conciliators already appointed to SAC shall
continue as conciliators up to the conclusion of conciliation by a Settlement Agreement
or otherwise in terms of these Rules, notwithstanding the fact that they have attained
the age of 75 years.
h) A person shall not cease to act as Conciliator in an existing SAC by virtue only of
ceasing to be on the Panel of Conciliators.
i) The following persons shall be disqualified for being empanelled as Conciliators:

i. A person who has been declared insolvent.


ii. A person against whom criminal charges involving moral turpitude are framed
by a criminal court and the same are pending for final disposal.
iii. A person who has been convicted by a criminal court for an offence involving
moral turpitude.
iv. A person against whom disciplinary proceedings initiated by the appropriate
disciplinary authority are pending or have resulted in the imposition of a
punishment.

j) A person appointed as a Conciliator shall give an undertaking in the manner prescribed


in the Schedule A to the Rules.
k) A person in the Panel of Conciliators shall not be entitled to any monetary benefit or
remuneration or fees or other facilities only by virtue of his name being in the Panel of
Conciliators.

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5. APPOINTMENT & NUMBER OF CONCILIATORS

a) Conciliators will be appointed to constitute the SAC from the Panel of Conciliators
maintained by CPCL and endeavour shall be made to appoint local Conciliators in order to
minimize the cost of the Conciliation proceedings. In each conciliation, the number of
Conciliators to be appointed to constitute the SAC shall be determined on the following
basis:

i. One Conciliators shall be appointed in case the amount of the disputed claim is
or less than Rs. 1,00,00,000/-(Rupees One Crore ).
ii. Two Conciliators shall be appointed in case the amount of the disputed claim
is more than Rs. 1,00,00,000/- (Rupees One Crore ) but less than Rs.
10,00,00,000( Rupees Ten Crores).
iii. Three Conciliators shall be appointed in case the amount of the disputed claim
is Rs. 10,00,00,000 (Rupees Ten Crores ) or more.

b) In Conciliation proceedings with One Conciliators, same may be from Technical or


Financial / Commercial field shall be appointed by CPCL from the Panel of Conciliators.
c) In Conciliation proceedings with two Conciliators, one each from Technical and Financial
/ Commercial field shall be appointed by CPCL from the Panel of Conciliators.
d) In Conciliation proceedings with three Conciliators, preferably one each from Technical,
Financial / Commercial field and Legal fields shall be appointed by CPCL from the Panel
of Conciliators.
e) If a Conciliator withdraws himself from the SAC is otherwise unavailable for the
Conciliation proceeding or is removed by the Parties from the SAC on the ground of
continued absence in at least two scheduled meetings/hearings or cannot act further
because of the objection of a party pursuant to Rule 4(f) hereof, the vacancy shall be filled
by the appointment of an alternative Conciliator appointed in the same manner as the
outgoing Conciliator.
f) No person shall be appointed as Conciliator in more than two matters at a time.

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6. COMMENCEMENT OF CONCILIATION PROCEEDINGS

a) A Contractor willing to settle a dispute with CPCL, shall give written notice to the Owner
as defined under the Contract of its proposal to settle all the disputes and requesting for
initiation of Conciliation Proceedings under the Rules preferably after exhausting the
normal official avenues of communication for resolving the dispute proposed to be
referred to conciliation. Such notice can be accepted or rejected by the CPCL with the
approval of Functional Director. Any written notice partly to settle the dispute through
Conciliation and partly through Arbitration shall not be entertained.
b) If CPCL is willing to settle such dispute by Conciliation, with any Contractor, Owner
shall, with the prior approval of the Functional Director, give written notice of such
willingness to the Contractor for initiation of Conciliation Proceedings under these Rules.
c) CPCL may, if it so deems fit, accept the request for Conciliation conditional upon the
disputed claims of CPCL being also settled through Conciliation in accordance with these
Rules, or may accept the proposal for settlement by Conciliation of only some of the
disputed claims referred to in the proposal for Conciliation and not in respect of the rest of
the disputed claims specified in the proposal. Such conditional or limited acceptance shall
constitute a counter proposal by CPCL for the settlement of the disputed claims mentioned
therein by Conciliation in accordance with these Rules, and shall be subject to acceptance
by the Contractor.
d) A proposal or counter proposal by a Party expressing its desire to initiate Conciliation
proceedings shall, inter alia, contain the following details:

i. Identity of the Party – Name, Official Address, Contact & E-Mail Address, Telephone
Number(s), Official Representative etc.
ii. Details of dispute sought to be settled through Conciliation with details of the
amount(s) claimed and consequently the party serving the notice of shall not raise any
fresh issue thereafter.
iii. Specific consent for Conciliation under these Rules.

iv. An undertaking that:

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• No interest shall be claimed before any court, arbitration or other forum including the
SAC for the period commencing from the request for conciliation upto the conclusion of
the conciliation by a Settlement Agreement or otherwise in terms of these Rules;

• Not to claim at any time in any proceedings before any Court or arbitrator(s) or before
the SAC any other than that or those specified in the notice, waiving without reservation
or condition the right to raise or pursue any such claim(s) if the request/invitation for
Conciliation is accepted.

• During the pendency of the conciliation proceedings, not to initiate any arbitral or
judicial proceedings in respect of the dispute which is the subject matter of the request to
conciliation, and if any such proceedings have been initiated to maintain status quo in
respect thereof as long as conciliation proceedings are pending.

e) The Party receiving a written proposal for Conciliation under Sub-rule (a) & (b) hereof
above shall, within 30 (Thirty) days of receipt of such written proposal for Conciliation,
intimate the other its acceptance or rejection of the proposal. However, if CPCL desires to
give any counter proposal as mentioned in sub-rule (c) it may do so in writing within the
said 30 (Thirty) days period and if the CPCL gives such counter-proposal, the Contractor
shall, within 15 (Fifteen) days of receipt of such counter proposal, intimate to the CPCL its
acceptance or rejection of the counter proposal. Within 15 (Fifteen) days of acceptance of
the Contractor’ proposal or receipt of acceptance of proposal or counter proposal from the
Contractor, the CPCL shall formally appoint Conciliators under intimation to the
Contractors.
f) If no reply to a proposal or counter proposal for conciliation under sub-rule (a) or (b) or (c)
hereof above is received from the other Party within the stipulated time as mentioned in
Sub- Rule (e) the proposal/counter-proposal for Conciliation may be treated as having
been rejected.
g) Conciliation proceedings under these Rules shall be deemed to commence on the day of
receipt of the proposal/counter-proposal for conciliation by the Party, in the event that the
proposal/counter-proposal is accepted.
h) If the Parties fail to agree on appointment of Conciliators and constitution of SAC within
the stipulated time as mentioned in sub-rule (e) the efforts at dispute settlement through
Conciliation shall be treated as ‘failed’ and the dispute can be referred for Arbitration as
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per agreement between the parties or parties shall be free to recommence the arbitration or
Judicial proceedings, if any pending.

7. PROCEDURE TO BE FOLLOWED BY THE SAC

a) The SAC shall, within 6 (six) working days of its constitution, request the Parties to file a
brief Written Statement for the disputed claims, describing the general nature of the
dispute and the amount claimed. Each Party shall also file along with its Written
Statement, the salient documents which it considers vital to the disputed claim and its
opening proposal for the settlement of the disputes.
b) The SAC may, if it so considers necessary, permit or request the Parties or any of them to
submit further Written Statements of the concerned Party’s position explaining the facts
and grounds in support thereof, supplemented by any further document necessary to
support its position.
c) All statements, documents and proposals presented by a Party to the SAC, shall be
submitted in such number of copies as the members constituting the SAC. Simultaneously,
a copy of the presentation shall be given to the other Party.
d) The first meeting of the Parties shall be called by the SAC, after consulting the Parties
within 10 working days of receipt of documents mentioned in the sub-rule (a) or sub-rule
(b), as the case may be. It is anticipated that before this meeting the SAC would have met
to consider the prima facie merits and de-merits of the respective positions of the Parties
on the disputed claims.
e) At the first meeting, the Parties shall state their respective positions and will identify the
points of divergence which would have to be addressed by them to achieve a settlement of
the dispute. During the first meeting, the Parties and the SAC shall work out a tentative
time-frame and broad work-Schedule for the further conduct of the Conciliation
proceedings.
f) It is envisaged that at subsequent conciliation meetings it shall be the endeavour of the
SAC to narrow the divergence between the proposals of the Parties and to bridge the gap
between the perceptions of the Parties. To this end, the SAC may request the Parties to
submit fresh and/or revised proposals for the settlement of the dispute, and may guide the
parties to the possible direction and content of the proposal to be submitted by each party
to achieve a settlement of the dispute.

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g) To this end, and with a view to assist the Parties, the SAC shall prepare and distribute to
the Parties within 7 (seven) days of the conclusion of each conciliation hearing a minutes
summarizing the proceedings and setting out the further steps suggested and/or discussed
with a view to achieving a settlement of the disputed claims.
h) Advocates shall not be permitted to participate in the Conciliation Proceedings and Parties
shall be expected to present their respective positions themselves. Parties shall, however,
be free to appoint their duly authorized in-house Legal Officials to present their case.
i) Opportunity shall be given to the Parties during conciliation proceedings to openly and
fearlessly express their views so as to enable the Parties to better understand and
appreciate each other’s view points.
j) The official language of Conciliation proceedings under these Rules shall be English.

8. ROLE OF THE SAC


a) The SAC shall act as honest interlocutor and facilitators of a settlement by the Parties of
their disputes. To this end the SAC shall encourage the Parties to meet and discuss
amongst themselves to possible solutions.
b) The SAC may express its views on the merits of the dispute and/or of the defense thereto
by a party, provided that the SAC shall on no count be entitled to impose it’s will on the
Parties or on a party or determines or decides any matter or dispute between the Parties.
c) The SAC may suggest to the Parties or any of them for their consideration the possible
terms of a proposal for a settlement.
d) The SAC shall be guided by the principles of objectivity, fairness and justice and shall
assist the Parties in an independent, impartial and dignified manner to reach an amicable
settlement of the dispute.
e) The SAC may meet or communicate with Parties together or with each of them separately.

9. CO-OPERATION OF PARTIES
a) The Parties shall in good faith co-operate with the SAC and, in particular, shall endeavor
to comply with any request of the SAC to submit written materials, provide evidence, give
clarification, attend meetings/hearings etc.
b) Conciliation being an amicable Dispute Settlement Mechanism, the Parties shall not take
adversarial roles, but instead make every reasonable effort to accommodate the other
Party’s viewpoint, without, however, diluting the correct legal position.

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c) The Parties shall make every reasonable effort to render optimum co-operation for a
speedy, efficient and yet mutually acceptable & amicable resolution of the disputes.
d) The Parties shall not in any manner make any attempt to unduly influence the Conciliation
process or the SAC or the Conciliator(s) by way of inducement in any form or manner and
shall conduct themselves with full dignity, honesty and integrity.

10. VENUE FOR CONCILIATION PROCEEDINGS


Conciliation Proceedings may ordinarily be held at the corporate office of CPCL situated
at Teynampet in Chennai or any other place where refinery/Factory of CPCL is situated.

11. TIME FRAME


a) The total number of meetings of the SAC in a Conciliation proceeding shall be not more
than 6 (Six) unless in exceptional cases the Parties and the SAC agree for further
meetings.
b) The SAC shall attempt to complete the entire Conciliation process on its part (except for
finalization of Settlement Agreement) within a time-frame of 6 ( Six) months from the
date of appointment of the SAC, which period may be extended by the SAC in
consultation and with the consent of the Parties, upto a further period of 2 (two) months
and not further, and the Conciliation shall be deemed to have failed if a draft Settlement
Agreement cannot be prepared within the said period / extended period. This shall not,
however, prevent the Parties from independently agreeing to a draft Settlement
Agreement and/or in finalizing and/or entering into a Settlement Agreement covering the
disputes.
c) CPCL shall give its final consent/dissent on the draft Settlement Agreement within 3
(three) months from the date of draft Settlement Agreement. CPCL may request an
extension of time for a further period of upto 1 (one) month for reasons to be stated in
writing to convey the approval.
d) Notwithstanding the provisions of Sub-rule (b) hereof above, the SAC may earlier
terminate the Conciliation process or proceedings if it is of the view that because of the
vastly divergent, extreme and/or rigid views of the Parties or for any other substantial
reason it is no longer possible or practicable to meaningfully conduct conciliation
proceedings.

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12. REMUNERATION & COST


a) Each conciliator constituting the SAC shall be entitled to a reading fee of Rs.15,000/-
(Rupees fifteen thousand ).
b) Each conciliator would be entitled to facilitation fee of Rs. 15,000/- (Rupees fifteen
thousand) if they prepare and finalize the draft Settlement Agreement.
c) In addition to the above, each Conciliator shall be paid a fee of Rs. 15,000/- (Rupees
fifteen thousand) for each hearing/meeting.
d) The fee under Sub-rule (a), (b) and (c) hereof above shall on no account exceed a
maximum of Rs. 2,00,000/- (Rupees Two Lakh ) per case per Conciliator excluding
applicable taxes.
e) The concerned Legal department of CPCL shall act as the Coordinator for the SAC
through whom Parties may communicate with the SAC and the SAC may communicate
with the Parties and through whom the parties may do all filing and present all
statements, documents and submissions to be presented to the SAC. For this purpose by
appointing the Conciliator to be appointed by the CPCL will intimate the name of the
person who will act as the Coordinator of the SAC.
f) The SAC will make its own arrangements for secretarial services. For Secretarial
Services, a lump sum amount of Rs.5,000/- (Rupees Five Thousand) shall be jointly
paid by the Parties to the SAC for the whole Conciliation proceedings.
g) Apart from fees and payment for Secretarial Services fees, the Conciliator(s) will also
be entitled to payment or re-imbursement of the expenses incurred for attending the
conciliation proceedings including Railway/Air fare, accommodation, and local travel.
The accommodation to Conciliators shall be provided by CPCL.
h) Conciliators’ Fees, payment for Secretarial Services and expenses incurred by the SAC
relating to a Conciliation proceeding and the Settlement Agreement, shall be equally
borne by the Parties, to which end once the SAC is appointed the Contractors shall
deposit with the Coordinator, who will be responsible for the payments/disbursements,
Rs. 2.00 Lakhs (Rupees two Lakhs) in case of 1(one) Conciliator, Rs. 4.00 Lakhs
(Rupees Four Lakhs) in case of 2(two) Conciliators and Rs. 6.0 Lakhs (Rupees Six
Lakhs) in case of 3(three) Conciliators, on or prior to first meeting with SAC towards
the fee and cost of Conciliators and Conciliation proceedings. Any disbursement made
from this deposit shall be matched by an equal contribution by CPCL. In the event that

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the amount of the deposit is insufficient to defray the Contractor’s share of the deposit,
the Contractor shall make such further deposit as may be specified by the Coordinator.
i) Final accounts towards Fees, payment for Secretarial Services and expenses of the
Conciliation shall be reconciled and settled between the parties on the termination of
the conciliation proceedings.

13. NON DISCLOSURE OF INFORMATION BY THE SAC


When a Party to a Conciliation proceeding provides any information concerning any issue
of dispute to the SAC, subject to a specific condition that such an information is to be
treated confidential, the SAC shall not disclose that information to the other Party.

14. SETTLEMENT AGREEMENT


a) After discussing with and hearing the Parties involved, if the SAC is of the view that it
is possible for the parties to settle the disputed claims the SAC shall formulate and
prepare the draft terms of settlement and submit the same to the Parties for their
consideration and comments.
b) If any part of the draft terms of settlement is not acceptable to any of the Party, further
meetings/hearings shall be held for possible resolution till mutually acceptable terms of
Settlement are arrived.
c) Once the parties agree on the settlement of the dispute, the SAC shall cause a draft
Settlement Agreement to be prepared and initialled by the parties and by members of
the SAC. Such draft Settlement Agreement shall be binding on the Contractor but shall
be subject to the approval of Approving Authority of CPCL which shall convey such
approval within 3 (three) months of the draft Settlement Agreement being initialed in
the manner aforesaid. Should CPCL fail to convey the approval to the draft Settlement
Agreement within the said 3 (three) months period or extension thereof sought by
CPCL, the approval shall be deemed to have been declined. It is the intent of the
Corporation that the disputes are resolved in line with the Settlement Agreements
arrived, as much as possible, unless there are reasonable grounds not to approve the
Settlement Agreement in which case such grounds shall be duly recorded by the
Corporation.
d) The final Settlement Agreement shall be signed by the parties and authenticated by the
SAC within 15 (fifteen) days of the approval being communicated by the CPCL.

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e) The Settlement Agreement shall contain a statement to the effect that each of the
persons signing thereto (i) is fully authorized by the respective Party he/she represents,
(ii) has fully understood the contents of the same, (iii) is signing on the same out of
complete free will and consent, without any pressure, undue influence, and (iv) the
same shall be final and binding on and enforceable against the Party and the persons
claiming under/through him.
f) The Settlement Agreement shall be signed by the parties and authenticated by the SAC.
The SAC shall make as many original copies of the Settlement Agreement as there are
parties and every Party shall be given an original copy of the Agreement.

15. CONFIDENTIALITY AND ADMISSIBILITY IN EVIDENCE IN OTHER


PROCEEDINGS

a) The Conciliators and the Parties and their representatives shall keep confidential all
information furnished, documents filed, evidence or opinions produced and proposals
and submissions whatsoever exchanged during the course of Conciliation proceedings
and the contents of any Terms of Settlement, draft Settlement Agreement except where
its disclosure is necessary for purposes of implementation and enforcement of the
Settlement Agreement.
b) A Conciliator, a Party or the representative of a Party unless required by applicable law
or unless all the Parties agree otherwise in writing, shall not give testimony in any
judicial, arbitration or similar proceedings concerning any aspect of the conciliation
proceedings.
c) A Party to the Conciliation proceedings, the Conciliator and any third person,
representing a Party in any conciliation proceedings shall not in arbitral, judicial or
similar proceedings rely on, introduce as evidence or give testimony or evidence
regarding any of the following:

i. An invitation by a Party or counter proposal by a Party to engage in


conciliation proceedings or the fact that a Party was willing to participate in
conciliation proceedings;
ii. Views expressed or suggestions or proposals made by a party in the
Conciliation in respect of a possible settlement of a dispute or the terms of
a possible settlement;
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iii. Statements or admissions made by a party in the course of the Conciliation


proceedings;
iv. Proposals or suggestions made or views expressed by a Conciliator;
v. The fact that a Party had indicated its willingness to accept a proposal for
settlement made by a Conciliator or by a Party;
vi. A document prepared solely for purposes of the Conciliation proceedings.

d) Sub-rule (a) to (c) herein above applies irrespective of the form of the information or
evidence referred to therein.
e) The provisions of sub-rule (a) to (d) herein above will apply whether or not the arbitral,
judicial or similar proceedings relate to the dispute(s) that is, was or were the subject
matter of the conciliation proceedings.
f) Subject to the limitations of sub-rule (a) to (e) herein above, evidence that is otherwise
admissible in arbitral or judicial or similar proceedings does not become inadmissible
as a consequence of having been used in conciliation.
g) Any Invitation or proposal or counter proposal for Conciliation by a Party of any
dispute in terms of these Rules and any acceptance by a party of any invitation or
proposal or counter-proposal to any dispute for settlement by conciliation in terms of
this Rule and the acceptance of an appointment to act as a Conciliator shall be deemed
to carry with it the unconditional undertaking of the Party or the Conciliator, as the case
may be, to be bound by and to abide by the provisions of these Rules.

16. PERSONAL EXEMPTION OF CONCILIATORS

a) A Conciliator shall neither be held liable for anything done or omitted to be done by him
during the course of conciliation proceedings in civil or criminal action nor shall he be
summoned by any Party as witness in any arbitration or Judicial proceedings in regard to
any information received or action taken by him or in respect of or during the course of
conciliation proceedings.
b) No Conciliator shall be engaged by the parties in any arbitral or judicial proceedings in
respect of a dispute which is the subject matter of the conciliation proceedings.

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17. APPROVING AUTHORITY OF CPCL

a) Once the Parties come to a consensus and the draft Settlement Agreement is prepared
by the SAC, the draft Settlement Agreement shall be placed by the Functional Head for
the approval of Approving Authority. The Agenda for the draft Settlement Agreement
required to be approved by the Managing Director shall be moved by the Functional
Director with the concurrence of Director (Finance). Further, the draft Settlement
Agreement required to be approved by Planning and Projects Committee / Board of
Directors shall be moved by the Concerned Director through Managing Director with
the concurrence of Director (Finance).
b) The primary Role of Approving Authority shall be ensuring that disputes are resolved
through Conciliation, as much as possible.
c) In line with the existing Delegation of Authority, Draft Settlement Agreement
containing the financial implication shall be approved as under: -

Authority Financial implication


Managing Director Upto Rs. 10 Lakhs
Planning and Projects Committee Above Rs. 10 Lakhs and upto Rs.50 Lakhs
Board of Directors Above Rs. 50 Lakhs

* The above limits shall be revised upon revision of Delegation of Authority.

d) All the settlement claim proposals placed before the Board shall be first considered by
the Planning and Project Committee and only after its recommendations, the Board
shall consider for its approval. The decision of the Approving Authority shall be final
regarding the terms of Settlement Agreement in so far as CPCL is concerned.

18. TERMINATION OF CONCILIATION PROCEEDINGS

a) The conciliation proceedings are terminated on the occurrence of any one of the
following:

i. On the date of the signing of the Settlement Agreement by the Parties.


ii. On the date of written declaration by the SAC, after consulting with the Parties that no
further efforts at Conciliation are justified.

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iii. On the date of written declaration by the Parties, addressed to the SAC to the effect
that the conciliation proceedings are terminated.
iv. On the date of written declaration of a Party to the other Party and the SAC, if
appointed, to the effect that the conciliation proceedings are terminated.
v. On the expiration of any time set for the completion of conciliation proceedings, or
any extension thereof by the Parties.
vi. On the non-payment of deposit by a Party as required to be made under these Rules.
vii. On the failure of a Party to appoint a Conciliator to constitute the SAC in accordance
with these Rules.

19. MISCELLANEOUS

These Rules shall be subordinate to and supplementary to Part-III of the Indian Arbitration
and Conciliation Act, 1996 and the later would prevail over the former to the extent of any
inconsistency.

20. FURTHER AMENDMENT


Managing Director is authorised to bring amendment/modification in the Conciliation
Rules as and when necessary under intimation to the Board of Directors.

******

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SCHEDULE - A: DECLARATION OF ACCEPTANCE AND INDEPENDENCE BY


MEMBERS OF SETTLEMENT ADVISORY COMMITTEE

REF: Conciliation Between __________and arising out of Contract No.__________ dated


___________

I, the undersigned, do hereby agree to serve as a member of the Settlement Advisory


Committee in the instant case and hereby make the following declarations:

i. I am familiar with requirements of law, particularly the Arbitration and Conciliation


Act of 1996 and Chennai Petroleum Corporation Ltd. Conciliation Rules, 2018.
ii. I am available to serve as a Member of the Settlement Advisory Committee and I am
independent of any of the Parties involved in the instant Conciliation proceeding and
have no interest – financial or otherwise - in any part of the Contract under reference or
subject matter of the Conciliation proceeding.
iii. I have not dealt earlier with the Contract under reference or the subject matter of the
conciliation proceeding in any manner or capacity, which could compromise my ability,
independence or impartially.
iv. In future I will not act as an arbitrator or as a representative or Counsel of any party in
any arbitral or judicial proceedings in respect of a dispute which is the subject matter of
the conciliation proceedings.
v. The fees and other facilities for conciliation offered to and accepted by me, will remain
fixed and under no circumstances will there be any demand from me for any alteration
or change therein.

(Signature)

Name:

Address:

Date:

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PENALTY TOWARDS NON-COMPLIANCE TO SAFETY

Date of Observation:
Contractor Name :
Name of the Person/No of the Person/ No of Occasion/ No of Unsafe Condition
Observed:

Description of Safety Violation:

Penalty Amount as per Contractor safety Guidelines 15.1 (Details attached back
side):

------------------------/- (Amount in Words: )

I accept that the above mentioned safety violation persist and assure that it will
not be repeated. I also agree to deduct the above said amount from the
forthcoming running bill as per Safety guideline

Signature and Name of the Contractor Representative:

Signature and Name of the CPCL EIC

____________________________________________________________________________________________________________________

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Sl EVENT PENALTY AMOUNT


no
1 Absence of Resident Engineer of Contractor in CPCL‟s safety meeting Rs.5000 per Meeting
2 Non deployment of Safety Engineer / Supervisor Rs.1000/- per Person per day
3 Failure to submit monthly safety reports Rs.1000/- month
4 Failure to have regular site safety Inspection (by contractors themselves) every
Rs. 1000/- Week
week
5 Failure to conduct Health / Safety / Environment (HSE) meetings and HSE
Rs. 1000/- Month
Audit by Contractor at site (in-house) and maintain records
6 Failure to report & follow up of accident, fire, explosion and property damage Rs.1000/- per occasion
incident (including Near Miss Incidents)
7 Poor House Keeping Rs.1000/- per occasion
8 For non use of Personal Protective Equipment (Helmet, goggles, gloves, Safety Rs. 250/- per day / item /
belts, Safety shoes, Full body harness, face shield, etc.) person
9 Working without Work Permits / Clearance Rs.5000/- per occasion
10 Non-use of safe electricity at work sites (Not installing / bypassing ELCB, poor
jointing of cables, non-use of plugtops / insertion of naked wire ends into
Rs.1000/- per item per day
socket holes, laying cables/wires across roads/drains,etc., absence of
competent electrician)
11 Working at height / depth without permit and/or failure to
arrange fall-protection arrangement such as scaffolding /barricading, Safety
Nets, etc. Working at height without full body harness Working at height using Rs.1000/-case/day
nonstandard / rejected scaffolding and not arranging fall protection
arrangement as required like
12 Unsafe handling of compressed gas cylinders (No trolley, jubilee clips double
Rs.100/- per item per day
gauge regulator, improper storage / handling)
13 Use of domestic LPG for cutting purpose Rs.1000/- per occasion
14 No fencing/barricading of excavated areas Rs.1000/- per occasion
15 Non providing shoring / strutting / proper slope and not keeping the excavated
Rs.1000/- per occasion
earth at least 1.5M away from excavated area
16 Inadequate First Aid Box Rs.500/- per occasion
17 Traffic rules violations like over speeding of vehicles, rash
driving, wrong parking, not using seat belts, vehicles not fitted with reverse Rs.1000/- per occasion
warning alarms
18 Degradation of environment (not confining toxic spills, spilling oil / lubricants
Rs.1000/- per occasion
onto ground)
19 Not medically examining the workers before allowing them to work at height,
not providing ear muffs while allowing them to work in noise polluted areas,
Rs.1000/- per occasion
made them to work in air polluted areas without respiratory protective
devices, etc.
20 Use of Grinder without wheel guard Rs.500 per occasion
21 Rs.1000/- per item per
occasion. On third repeated
occurrence, contractor shall
Non-use of CCOE approved spark arrestors; Fire extinguishers in vehicles
be prohibited from taking
vehicles into the Refinery
beyond the Main Gate
22 Non-use of flash back arrestors in oxy-acetylene cylinders Rs.1000/- per occasion
23 Blocking of roads without permission (OR) Not providing barricade & caution
Rs.5000/-per occasion
boards
24 Movement of crane with suspended loads; people travelling in cranes &
Rs.5000/- per occasion
forklifts.
25 To be decided by Engineer-
Any violation not covered above
incharge

____________________________________________________________________________________________________________________

R4 Page 59 of 135
Tender no. : CPCLV24177

Page 1

Chennai Petroleum Corporation Limited


(A group company of Indian Oil)
Manali, Chennai – 600 068

CONTRACTORS SAFETY GUIDELINES

Note:CPCL’s Safety Guidelines shall be read in the context of


the units / facilities / establishments available / proposed
in the Cauvery Basin Refinery at Nagapattinam, Tamilnadu. The
safety guidelines are applicable to the extent of Scope of
Services / Works specified in the tender.
Thus, the terms, “CISF” & “Manali / Chennai” occurring in these
Safety Guidelines shall be read as “CPCL Security” &
“Nagapattinam” respectively.
The Safety Assembly points specified under Clause No.12.5 of these
Safety Guidelines shall be replaced with the following:
• In front of OM&S Control Room
• In front of Fire & Safety Office.

Revision: November-2018

Signature of Bidder
With seal

R4 Page 60 of 135
Tender no. : CPCLV24177

Page 2

INDEX

CLAUSE PARTICULARS

1. INTRODUCTION

2. GENERAL

3. GATE ENTRY / EXIT PROCEDURE

4. PERSONAL PROTECTIVE EQUIPMENT

5. SAFETY TRAINING

6. JOB SAFETY ANALYSIS

7. CONTRACTOR‟S SAFETY OFFICERS

8. WORK PERMIT & CLEARANCE

9. SAFETY OF LIFTING EQUIPMENTS

10. HOUSEKEEPING

11. EMERGENCY PROCEDURES

12. EMERGENCY RESPONSE PLAN

13. ACCIDENT / NEAR MISS REPORTING

14. SAFETY REPORT

15. PENALTIES FOR NON COMPLIANCEOF SAFETY

16. RADIOGRAPHY

17. STATUTORY / OISD / BIS GUIDELINES

18. ANNEXURES

Signature of Bidder
With seal

R4 Page 61 of 135
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Page 3

1. INTRODUCTION:

The guidelines listed herein comprise contractor’s obligations towards safety and its
compliance to work. Contractor working within the refinery premises shall adhere to
these guidelines and shall also follow any additional precautions that may be prescribed
from time to time by CPCL to prevent any injury to contract workmen and any loss or
damage to the property. CPCL reserves its right to modify or replace the contents of this
manual, orally or in writing, without prior notice. Contractor shall keep their personnel
and subcontractors informed about the potential health and safety hazards to which they
are exposed to and shall ensure that their personnel and their subcontractors are
supplied with all necessary personal protective equipment and aware of the applicable
emergency response and mitigation plans.

2. GENERAL:

Security Awareness

Contract personnel shall be alert to any suspicious situations or persons and report them
to their supervisor or CISF personnel available nearby. The contractor shall keep their
tools, equipment, or materials securely with lock for all toolboxes, buildings, and
compounds. All such preservations shall bear the signage of the respective contractor for
easy identification. Briefcases, purses, wallets, keys, or other valuables should not be
left unattended or unsecured.

Loss of Property
Thefts or suspected thefts of CPCL or contractor’s material should be reported to the
CISF. Any loss of property of the contractor from the parking lots outside CPCL Gate
should be reported to the local Police.

Traffic Accidents in the Plants


All traffic accidents shall be immediately reported to CISF and to the Engineer-in-Charge
with details of driving license, vehicle registration, insurance, etc. Driver of the vehicle
involved in an accident shall stop the vehicle at the scene of the accident, for further
action by the concerned authorities.

Traffic Rules
Fire fighting is important activity in a refinery. Hence, road users should give Right of
Way to the fire trucks, ambulances and rescue vehicles at all times. Contractors are
advised not to proceed beyond any red flashing warning light that indicates an
emergency in an area unless the contractor has the specific duties or responsibilities
related to the emergency. Contractors shall not park the vehicles near Fire hydrants,
manifolds, MCPs, etc. blocking them. All drivers should possess and practice exemplary
driving courtesy and defensive driving techniques. The speed limit for all vehicles should
not exceed beyond 25 KMPH. Persons operating motor vehicles within CPCL premises
shall possess relevant valid Driving License and Registration and Insurance for the
vehicles. They shall comply with traffic signs, parking rules and other regulations listed
from time to time. Vehicles movement into refinery processing areas and tank farms
shall be permitted only with a valid permit/clearance.
Signature of Bidder
With seal

R4 Page 62 of 135
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Page 4

Prohibited Items /Acts

Items such as cellular phones, Radio, Transistor, Tape recorder, SLR / Video Camera,
cigarettes, Matchbox, Crackers, alcohol, Arms & Ammunition, Flammable materials are
prohibited inside the CPCL.

a) Cameras: Contractor while seeking entry into CPCL should declare the camera in
their possession to CISF, who in turn shall keep the camera under safe custody and
return the same on exit. Contractors who need to take photographs within CPCL
must obtain prior approval from Functional Director of CPCL through their respective
Engineer-in-Charge.

b) Cell Phones: Contractor shall deposit their cellular phones at the plant main Gate to
CISF and the cell phone could be collected on exiting the refinery.

c) Movement: Loitering within CPCL and near the gates of CPCL by Contractor
personnel without any specific business and without their photo passes is prohibited.

d) Smoking: Smoking is strictly prohibited within the premises of CPCL.

e) Gambling: Gambling in all forms is prohibited within the premises of CPCL.

3. GATE ENTRY / EXIT PROCEDURE

Entry of personnel and materials into the Refinery is restricted on account of the safety and
security of the installation. Contractor shall comply with the prevailing guidelines and regulations
for entry of their men and material to the refinery. All the contract workmen and their supervisory
staff shall obtain passes for themselves duly authorized by the appropriate authorities of CPCL and
must display their passes at the gates and at the sites whenever demanded by CPCL officials or
CISF. Recording of attendance and compliance of statutory provisions for contractors and
contract labours is done through an agency under the control of CLM cell. Gate pass systems in
CPCL are as follows:

Permanent Photo Gate Pass

Permanent Photo Gate Passes will be issued to contractor’s workmen for a period requested in
the pass request form for a period of maximum six months subject to fulfilling the following
terms and conditions:
a. Work order validity shall be there for the pass request period
b. Valid Safety Pass
c. Valid Labour license
Proof of residence and 2 copies of photographs are to be provided.
Permanent pass will be issued to people between 18 and 60 years of age only. Pass will be
issued to people above 60 years and upto 65 years with appropriate medical certificate.
Above pass can be extended further on recommendation of the EIC (Engineer-in- charge). The
pass shall be duly certified & issued by CLM cell. Application format for permanent photo gate
pass is available with CPCL-CLM Cell.

Signature of Bidder
With seal

R4 Page 63 of 135
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Page 5

Temporary Gate Pass

In order to attend emergency works in the refinery, Temporary Gate passes will be issued to
contractor’s workmen at the Labour entry gate. Respective EIC has to create the pass online
through CPCL intranet. This is valid for a maximum period of 3 days. In case the work is
extended for more than 3 days, the Contractor has to apply for Regular Pass. Application
format for temporary gate pass is available online CPCL intranet.
In addition, ONE DAY temporary passes are issued to drivers/cleaners/ load men coming with
vehicles. ID proof is required for obtaining one day pass and for drivers valid driver license is
also to be produced.

Vehicle Pass for Contractors

Entry of contractor’s vehicles in to CPCL is restricted. For execution of work, contractor shall
apply for Vehicle Pass through respective Engineer in charge and the same will be approved
by the competent authority of CPCL and the Pass will be issued by CPCL CISF.

Special permission for working on holidays/Sundays/Nights.

Special permission is required for working on holidays/Sunday/nights. The contractor shall


submit a request letter to CISF through the EIC.

Entry and Exit of Contractor’s Material

Entry / Exit of contractor’s materials will be allowed through CPCL Gate as per CPCL
procedures. All entries of contractor’s materials into CPCL shall be endorsed on the delivery
challan or authorized document by CISF. The endorsed challan shall be preserved for
reconciliation. The material shall be subjected to CPCL inspection / checking before it is
taken to site or put to beneficial use. Contractor while taking the materials out of CPCL shall
ensure possession of CPCL Gate Pass indicating the materials to be taken out with respective
inward challans endorsed by CISF.

4 PERSONAL PROTECTIVE EQUIPMENT


All Contractor’s officials and workmen entering CPCL must wear BIS certified steel - toed
safety shoes and helmets complying with the relevant BIS standard. Other personnel
protective Equipment such as Chemical Splash & Impact Resistant Face shields and
Goggles, Safety Glasses with Molded Side Shields, Eye and Face Protectors, Appropriate
Gloves and Hearing Protection shall be used by the contractor’s workmen while carrying out
specialized work. All the PPEs shall be BIS compliant.
Contract workers involved in hot jobs shall wear IFR (Inherently Fire retardant) suit which shall
be of minimum 150 GSM fabric approved to the requirements of BS EN ISO 11612:2015 OR ISO
11612 2015 (E).

5 SAFETY TRAINING
Contractor’s supervisory staff and workmen shall undergo Induction safety briefing given by CPCL
Fire & Safety department, before issue of Safety pass. They shall be required to undergo safety
training / demonstrations periodically through CPCL Fire & Safety department. Further,
Contractor shall release their staff and workmen for training and specific subjects given by
CPCL from time to time.

Contractor’s supervisory staff and workmen shall be in possession of valid safety training badge
while working in CPCL premises.
Signature of Bidder
With seal

R4 Page 64 of 135
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Page 6

It shall be the responsibility of the contractor to provide detailed Induction training to


new staff and workmen and provide periodic training to them.
The contractor‟ JOB SUPERVISORS shall deliver safety talks/tool box talk (5-minute) to
their workmen on a daily basis prior to commencement of the day’s work covering the
jobs planned during the day and with specific reference to the Job Safety Analysis
document for the jobs. The Owner will monitor the same and any violation in this regard
will be viewed seriously.
Sub-contracting of work shall be dealt as per the relevant clause of the tender
document. However, for all purposes contractor’s employed workmen and the sub-
contractor’s employed workmen at site will be considered as “Contractor’s Workmen” on
whom the contract is awarded by CPCL and any shirking of liability by the contractor
citing the reason as sub-contractor will not be acceptable. The contractor shall take all
practical efforts to ensure safety of their own workmen and their sub-contractor’s
workmen at site at any point of time.

6 JOB SAFETY ANALYSIS (JSA):

Before starting of the work, contractor has to prepare “Job Safety Analysis” for all the
activities involved in the contract and submit the same to the Engineer in charge for their
review and acceptance. The preventive measures stipulated in the JSA have to be strictly
complied by the contractor to ensure safety at work site. A sample JSA format is
enclosed as Annexure - 1.

7 CONTRACTOR’S SAFETY OFFICERS

Deployment

Contractor shall deploy the following minimum safety personnel atsite:

Labour Strength Minimum No. of Safety Staff


Less than 20 One Engr./Supervisor with safety experience on Part Time
basis
20 – 100 One safety supervisor on Full time basis
101 – 250 For „manpower supply oriented contract – One safety
Supervisor on full time basis- Full time
For „works contract” - One safety Engineer on full time basis +
One safety supervisor full time basis
One safety Engineer full time basis + One safety supervisor on
251 – 500 full time basis for every 250 employees deployed atsite
More than 500 One safety Engineer on full time basis + One Environment
Engineer on full time basis + One safety Supervisor on full
time basis for every 250 employees deployed atsite

The number of safety personnel has to be augmented by the Contractor, considering the
hazardous nature of work, as per the instructions of the Engineer in charge, without
claiming any compensation from CPCL.

Signature of Bidder
With seal

R4 Page 65 of 135
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Page 7

Safety personnel deployed at site should possess certificate/Diploma/Degree in safety from a


recognized institute. However, exclusive supervisors with other qualifications viz. Diploma,
Graduate, etc. can also be deployed, with the permission of the engineer in charge, if
they possess sufficient knowledge on safety or if they have previous experience as Safety
personnel at work site.

In case of non deployment of safety personnel as above, penalty shall be imposed as


mentioned in the Penalty clause ofthese guidelines.

Responsibilities

To assess the hazards associated with jobs in consultation with all concerned andestablish
safe working procedure including identification of the escape routes.

To establish a written record of factors this can cause injuries & illnesses.

To undertake routine/ surprise inspections of all work sites and identify unsafe
conditions & practices, if any. Check for compliance of the safety practices beingfollowed
with approved HSE Plan.

To investigate promptly the incidents (including near-miss) in order to advise corrective


and/or preventive action.

To maintain statistical information for use in analyzing all phases of incidents and events
involving contract personnel.

To provide the means for complying with the reporting requirements for occupational
injuries and illnesses.

To check whether the proposed working arrangements are safe and satisfactory,
particularly at the interface between the contractors‟ planned work and CPCL‟s existing
facilities.

To communicate to the Contractor the imposed restrictions which may affect the work/
personnel such as the temporary closure of a corridor or electrical isolationof equipment?

To review and monitor the contractor's adherence to approved HSE plan and all
applicable environmental, health, and safety requirements.

To ensure that Consultant, Contractor‟s Managers, Supervisors and workmen at all levels
(who will plan, monitor, oversee and carry out the work) undergo Health, Safety and
Environmental training in their respective responsibilities with respect to conducting work
safely and with due regard for the protection of the environment.

To identify areas of operations where specialized training is required to deal with


potential dangers.

Signature of Bidder
With seal

R4 Page 66 of 135
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Page 8

To document and to bring to the attention of plant Supervisor and Contractor any non-
compliance/violation of the safety norms against approved safety and health planner
safety and health requirements and also raises these issues in the Safety Committee
Meetings.

To take part in Tool Box Meetings at random & to ensure maintenance of records.

To attend weekly meeting with Refinery Safety Officer with their weekly safety
performance and submit action plan / status of recorded points of last meeting and
discuss the safety, health and environment issues at work site of contractor.

To get assessed the health of equipment /appliances of contractor before they begin the
job. The thorough assessment shall be done for all such equipment appliances before
first use and at regular interval to ensure that their health is okay and statutory
requirements are complied. The example is as below:

- Healthiness of all lifting machine (cranes, derrick, forklifts, etc.), tools and tackles
and their test certificate.

- Healthiness of gas cylinders and their test certificate. No cylinder shall be allowed to
enter without a test certificate.

- Adequacy and healthiness of Scaffolding materials.

- Health of portable machines/ tools such as grinding machine and hand tools

- Health of welding machine, other machines and IC engine, standard and


health of Electric equipments, cables, protective devices

- Standard and health of battery operated equipment with their certificate

- Health assessment checks certificate of all contractor vehicles and fitness certificate
of RTO for vehicles, if entry allowed.

- Safety items such as materials for barricading & shoring, gas testing equipment,
instruction boards, flash back arrester, fire proof cloth, ELCBs, including PPE
(Adequacy, quality and certification)

Contractor’s job supervisor shall deliver toolbox talks daily and safety talks on a
weekly basis respectively to the workmen to familiarize the work site hazards,
hazardous materials being used at site, safe work procedures to be followed at site, etc.

Investigate thoroughly, document and submit reports in case of injury, accident


or near misses involving any of the workmen in the work site. Necessary follow up
actions to be taken with the workmen to avoid recurrence of such acts in future.

Adequate job specific safety procedures have to be developed to suit the site
condition and the same should be followed meticulously, wherever potential safety risks
are identified.

Signature of Bidder
With seal

R4 Page 67 of 135
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Page 9

Safety meetings have to be conducted to create commitment amongst all the


stakeholders of the site work.

Increase safety awareness by providing signboards, posters, etc.

Perform at least one safety audit per month and submit the audit report to CPCL
for review. Carry out Continuous motivation to the workmen for safe working practices,
attitudes, etc.

Device methods, viz., incentive for longer safety man-hours for a team among
workmen for improving the motivation among the workers.

To ensure the safety compliance as per CPCL Safety/ERDMP Manual.

To ensure that no hazardous material/chemical is stored in the site.

The following precautions shall be taken during execution of welding & cutting
works at site:

- Certified welder alone should carry out the welding work.


- Welding machine with proper routing with ELCB and double body
earthing should be ensured.
- Proper lugs and return lead with crocodile lamp.
- Both end flashback arrester (Cylinder & Torch) should be made available
before the start of welding work.
- Cylinder trolley for gas cutting sets
- Fire blanket, Fire hose and Fire extinguishers
- Proper house keeping

8 WORK PERMIT & CLEARANCE SYSTEM

General

Contractor shall obtain the necessary entry permits for all his labour before commencing
the job and abide by the instructions in this regard. Presently, CPCL has the following
Permit System:

Hot Work Permit


Cold work Permit
Height work & Scaffolding Permit
Electrical Isolation / Energization Permit
Excavation Clearance
Road Block Clearance
Radiography permit

CPCL may introduce new permit system, which shall be followed by the contractor as and
when introduced.

Before commencement of any work, contractor shall intimate at least a day in advance
to Engineer-in-Charge, who in turn will arrange for work permits. The
Signature of Bidder
With seal

R4 Page 68 of 135
Tender no. : CPCLV24177

Page 10

contractor shall take all the precautions given in the permit before starting of the
work to the satisfaction of the Engineer-in-Charge. On account of operational
problem it is possible that the clearance and permit may get delayed for which the
contractor shall not be paid any compensation whatsoever. Fire equipment such
as fire extinguishers, fire hoses, control type nozzles, personal protective
equipment, Blow man air apparatus, etc. required for safety precautions are to be
arranged by contractor himself. However, in case of emergency upon
authorization from Engineer-in-Charge such of those items cited above, can be
issued to the contractor from the Refinery‟s Fire Station on chargeable basis and
shall be returned after completion of the work/works in working condition, to the
satisfaction of the Fire & Safety Officer. In case of any damage to the fire & safety
equipments issued or used by the contractor, the contractor shall bear the cost of
such damage in full as decided by the Engineer-in-charge and the same must be
recovered from the contractor‟s bills.

All safety measures stipulated in the respective Work Permits shall be strictly complied
at all times while carrying out the work within the premises of the Owner.

Owner reserves the right to cancel a work permit without assigning reasons. When called
upon to stop the work by the Engineer-in-Charge, the Contractor shall immediately
cease to continue the work. Before re-commencement, work permit must be obtained
afresh.

The Engineer-in-Charge reserves the right to terminate the contract or forfeit amounts
due to the contractor in case the contractor does not strictly adhere to the precautions
written on the permit.

Hot Work Permit (For Hot works, Radiography & Vessel Entry)

Hot work permit issued by the concerned department or area-in-charge covers for
the work to be carried out in that specific area within the refinery premises only. In
addition, clearance must be obtained from the concerned officer or supervisor prior to
commencement of any job. A hot permit is required for:

a) Any work involving open flames, spark such as welding, gas cutting, soldering,
grinding, concrete breaking, use of hurricane lamps and internal combustion driving
vehicles / Radiography / Crane lifting / Vessel entry.

b) Sand blasting, Trucks, Jeeps, Cranes, Lifts, Cars or any kind of vehicle driven by an
internal combustion engine or by batteries. Use of gasoline, diesel or electrical power
engines or tools.

c) Entry of vehicles inside battery limits of process area within tank dykes and adjacent
to pump houses and loading gantries, etc.

Open fire such as burning of wood, coal, etc. is strictly prohibited inside the
battery area. Flammable / combustible materials should either be removed from the
work place or should be properly protected.

Signature of Bidder
With seal

R4 Page 69 of 135
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Page 11

Hot work permit must be obtained on every shift basis in a day, for works inside
columns, Vessels, tanks or any enclosed area where chemicals, hydrocarbons or
hazardous materials is either used or stored. Contractor shall ensure stand by persons,
provision of exhaust fan and use of breathing apparatus, etc. for vessel entry.

While carrying out the hot job, the contractor and his workmen must ensure the
following minimum safety measures without which, the work shall not be executed:
- Valid hot Work permit,
- Availability of tested and proper fire extinguisher at the work places
- Provision of running firewater hose at work place.

Cold Work Permit

Any work with in CPCL premises which are not covered under Hot work Permit are
classified as Cold works and Cold work permit on daily basis shall be obtained from
the issuing authority which can be extended further for the next consecutive days.

Height Work & Scaffolding Permit

The contractor’s workmen have to take adequate protection while working atheight.

Contractor’s workmen desire to work at a height more than 1.8 meters shall get
them examined and certified at CPCL OHS Center for their Medical Fitness. In case, if it
is not possible for medical examination at CPCL OHS Center, Medical officers in CPCL
OHS Center may prescribe the medicals tests to be done by the workmen by a
Registered Medical practitioner who is possessing allopathic qualification recognized by
the Indian Medical Council. Contractor shall produce the test report and the certificate
issued by the registered medical practitioner to CPCL OHS for verification. After
verification, CPCL OHS will retain the test report and issue Medical Fitness certificate for
the workmen, which will be valid for One-year period from the date of issue. Format for
Medical Fitness Certificate is enclosed as Annexure - 2. Every contract workmen shall
keep this certificate with them during work at site.

Safety devices used by the workmen while working at height are called as Fall
Protection device. Wherever fall protection devices are used, 'TIE-OFF' must be used.
Fall protection devices shall comply with relevant BIS standards and shall be used in the
following situations:

- When working at unprotected elevations (including ladders) 6' (ft) or more above
grade level.
- When working from elevated personnel platforms, such as a man lift, man basket,
aerial lift, etc.
- When erecting or dismantling scaffolding as directed by the Scaffolding Supervisor.

Snap-hooks used in fall protection devices should not be hooked to another (or
hooked together). More than one snap hook should not be attached to D or O-ring.
Locking type of snap hooks should be used.

Tying point or anchoring point of the fall protection device should be located above
the wearer’s attachment. Minimum slack shall be maintained in between the wearer of
Signature of Bidder
With seal

R4 Page 70 of 135
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Page 12

the device and the anchoring point, so that even during a fall, the wearer is not hit by
any obstruction in the lower level. The structure to which the fall protective device is
anchored shall be strong enough to sustain the load of the wearer, in case of a fall.
Weak structures should be avoided for tying or anchoring. Structures preferred for
anchoring are Structural beams / angles, 4” dia. Pipes for one person and more than 6”
dia. for more than one person, Fixed ladder rails and clips, etc. Structures should not be
used for anchoring are Temporary platform or scaffold handrails, Ladders made out of
scaffolding, Conduit pipes / electrical cable tray, Parts of valve / equipments /
instruments, Cages / rungs of ladders, etc.

In case of use of lifelines, 2 or more persons shall not be permitted at a time.


Such lifeline should possess sufficient tensile strength and shall be properly secured at
the anchorage points with proper connecting & locking devices.

While working at height, at more than 2 Meter from floor level, following safety
precautions has to be followed:
i) Contractor has to obtain Height work permit issued by competent authority
ii) Proper type of scaffolding/platform/ladder should be made to facilitate the job at
height. Minimum 2 nos. of ladders should be provided at opposite sides.
iii) Use of bamboo scaffolding is strictly prohibited inside CPCL. Only steel scaffolding
shall be used for work inside the Refinery. The steel scaffolding material and its
erection shall be done as per relevant IS specification.
iv) Contractor shall ensure the use of safety belts by the person who is working at
heights. Safety belt to be used should be of good quality (IS marked), double
Lanyard type with snap hook and shall be hooked up with firm support.
v) Full body safety belt, horizontal & vertical fall arrestors are to be used. Safety nets
also to be used as per site conditions
vii) Before starting the job, scaffolding shall be inspected by competent person and a
record of the same shall be kept at site.

Suitable scaffolding should be provided for workmen for all works that cannot
safely be done from the ground or from solid construction except such short period work
as can be done safely from ladders. When a ladder is used, an extra Mazdoor shall be
engaged for holding the ladder and if the ladder is used for carrying materials as well,
suitable footholds and handholds shall be given in inclination not steeper than 1 in 4 (1
horizontal and 4 vertical).

Scaffolding or staging more than 12 meters above the ground or floor, swing or
suspended from an overhead support or erected with stationery support shall have a
guard rail properly attached, bolted, braced and otherwise guarded at least 1 meter
above the floor or platform of such scaffolding or staging and extending along the entire
length of the outside and ends thereof with only such openings as may be necessary for
the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent
from swaying from the building or structure.

Working platform, gangways and stairways should be so constructed that they


should not sag unduly or unequally and if the height of the platform or the gangway or
the stairway is more than 12 meters above ground level or floor level, they should be
closely guarded, should have adequate width and should be suitably fastened.

Signature of Bidder
With seal

R4 Page 71 of 135
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Page 13

Any opening in the floor of a building or in working platform shall be provided


with suitable means to prevent the fall of persons or materials by providing suitable
grills, fencing or railing having a minimum height of 1 meter.

Safe means of access shall be provided to all working platforms and other
working places. Every ladder shall be securely fixed. No portable single ladder shall be
over 900 cm in length, while the width between the side rails in rung ladder shall in no
case be less than 30 cms for ladder up to and including 300 cm in length. For longer
ladders, this width should be increased by at least 6 mm for each additional foot of
length. Uniform step spacing shall not exceed 30 cm. Adequate precautions shall be
taken to prevent danger from electrical equipment. No materials on any of the sites of
work shall be so stacked or placed as to cause danger or inconvenience to any person or
public. Contractor shall also provide all necessary fencing and lights to protect the
workers and staff from accidents.

Scaffolding wherever erected inside CPCL, shall be done after obtaining approval
in the prescribed format enclosed in Annexure - 3. The tags to be used for scaffolding
certification shall be as given in Annexure - 4. A register shall be maintained for the
scaffolding erected by the contractor. Format for the register shall be as detailed in
Annexure - 5.

General Guidelines for erection and use of scaffolding:

i) Wooden Planks bent / damaged scaffold tubes and repaired / defective aluminum
ladders shall not be used.
ii) During erection of scaffoldings, full body harness with double hook lanyard shall
be used.
iii) Erection of scaffoldings should be avoided during heavy raining & high wind.
iv) General requirements to be verified during inspection of scaffold before clearing
for use / periodical inspection after erection is given in the Checklist below.
v) Scaffoldings shall be inspected & certified at frequency not exceeding 7 days or
whenever some modification / alteration carried out or whenever scaffold is
exposed to adverse weather condition.
vi) Scaffoldings under modification/alteration shall be provided with RED tag.
vii) Contract workmen certified fit under the supervision of competent supervisor of
the contractor shall dismantle the scaffolding after job completion.
viii) The following Checklist shall be considered for scaffolding inspection:
ix) Has the surrounding area near the scaffold been cordoned off?
x) Are base plates provided to scaffold?
xi) Is longitudinal / transverse (cross) bracing provided to ensure the stability?
xii) Is base lift provided not more than 6 inch height?
xiii) Guard railing should be in between 95 cm & 120 cm but space between toe board
& guard shall not exceed 2‟-6‟‟ (76 cm)
xiv) Are toe boards with minimum 4 inches height provided?
xv) Is working platform covered by planks with no gap & free of cracks or damage?
xvi) Are all braces, bearer, and clamps well secured?
xvii) Is ladder is well secured & provided at a safe place to get up and down the
scaffold?
xviii) Is ladder provided above the landing platform?
xix) Is the front of the scaffold within 14 inches of the work place?
Signature of Bidder
With seal

R4 Page 72 of 135
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Page 14

xx) Is there any projection of Scaffold pipes, which obstructs pathway?


xxi) Ladder shall rise to a height of at least 3‟–6‟‟ above the landing place.
xxii) Overlapping of planks at working platform should be avoided.
xxiii) Upper lift should not more than 2 meter (6‟-6‟‟) height.

Electrical Isolation / Energization Permit

The Contractor shall deploy a competent Engineer / Electrician to attend to


electrical matters. All temporary power supply boards shall conform to IE Regulations.

Contractor or his nominated subcontractor should have valid electrical contractor’s


license for working in State. Contractor shall furnish a copy of the same to Engineer-in-
Charge before commencement of any work pertaining to Electrical System. In any case,
no work shall be permitted to be executed at site without a valid Electrical Contractors
License, and the decision of the Engineer-in-charge in this regard shall be final and
binding. Any claim / or compensation towards the same will not be made on this
account.

Motors, Gearing, Transmission, Electric wiring and other dangerous parts of


hoisting appliances should be provided with efficient safeguards.

The contractor should ensure that the portable electrical equipment like grinding
machine, drilling machine etc. is in healthy condition. The contractor should take all
precautionary safety action, as providing of earth leakage circuit breakers( 30mA rating)
for their portable electric machines, also double insulated portable equipment may be
used.

All portable electrical apparatus shall be regularly examined, tested and


maintained to ensure the apparatus and leads are in good order. Temporary jointing of
extension wire, power cables etc. is not allowed.

Ensure that all portable appliances are provided with 3 pin plug and socket
connections and that the metal body of the apparatus is effectively earthed. All loose
wiring such as flexible cables for portable lamps, tools & trailing cables and other
portable and transportable apparatus shall be tested regularly at frequent intervals to
ensure safety. All temporary board shall have ELCB of 30 ma sensitivity for personnel
safety and double earthed / double insulated hand tools.
When workers are employed on electrical installations, which are already
energized, insulating mats, wearing apparel, such as tested rubber gloves, sleeves and
boots as may be necessary, shall be provided. The workers should not wear any metallic
rings, watches, keys or other materials, which are conductors of electricity.

While working on electrical system, the contractor and his workmen shall ensure
that the following safety measures are in place:-

- Proper & valid Electrical line clearance is obtained for the


equipment;

- The cables are properly insulated and are without any temporary joint;

Signature of Bidder
With seal

R4 Page 73 of 135
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Page 15

- All Flammable / combustible materials should either be removed from the


work place or should be properly protected;

- Suitable Earth leakage Circuit Breaker (ELCB) is provided for incoming and all
outgoing feeders;

- Proper earthing is provided to distribution board and other electrical


equipments like welding machines & grinding machines etc.

- Pipe sleeves are provided for road crossings of temporary cables laid by the
contractor for his work;

- The power connection should not be overloaded and suitable overload


protection should be provided;

- The tools used by the contractor personnel should be properly insulated and
in good condition;

- The grinding machine & other power tools should have proper guard.

Do not attempt to work on electrical apparatus unless authorized by an electrical


department, and without obtaining clearance or permit from the area-in-charge. Use
only approved electrical fitting gadgets or equipment. Obtain clearance from electrical
personnel and produce the clearance to area-in-charge prior to obtaining permit to start
the work. Electrical personnel will check the norms and should sign the register/permit.
Keep the register/permit at the site. Time to time the equipment is to be checked by
contractor’s authorized electrical supervision and necessary entry shall be made in the
register. If any norms are found violated, the work of those equipment to be stopped till
the equipment is either rectified or replaced, the norms are as below:

i) Contractor should use approved quality earth leakage circuit breakers (ELCB) on
their portable distribution board for all type of electrical equipment used including
welding sets etc. Checking with the polarity meter by contractor.
ii) Also use ELCB on their main distribution board for each feeder. Contractor should
ensure the healthiness of their Electrical Portable Apparatus by competent
electrical supervisors. Contractor shall provide proper earthing for their
distribution board.
iii) Contractor should engage licensed electrical supervisors for certifying their
equipment and ensuring safety of their connection.

The work area shall always be kept accessible for switching off power supply in
case of emergency. Before leaving the work place, the Contractor shall ensure power
supply is switched off properly. For this purpose a record shall be maintained of the last
person leaving the concerned work site on all days of activity.

No dry battery or accumulator type of electric hand lamp or torch, which is not of
the flameproof safety type, shall be taken inside the Refinery.

Signature of Bidder
With seal

R4 Page 74 of 135
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Page 16

Excavation Clearance

All trenches 1.2 meters or more in depth shall at all times be supplied with at least
one ladder for each span of 30 meters length.

Ladder shall be extended from bottom of the trench to at least 100 cm. above the
surface of the ground. The site of the trenches which are 152 cm. or more in depth shall
be stepped back to give suitable slope or securely held by timber bracing, so as to avoid
the danger of sides to collapse. The excavated material shall not be placed within 152
cm. of the edge of the trench or half of the trench depth whichever is more. Cutting shall
be done from top to bottom. Under no circumstances undermining or under cutting be
done.

All the areas where the existing grading is disturbed in the course of work by the
contractor shall be made good by him to the full satisfaction of the Engineer-in-Charge.

Excavation is executed only after obtaining a valid Excavation Clearance and Hot
Work permit. For deeper excavation, precautions viz. barricading, sloping trenches
instead of vertical cutting, adequate shoring / strutting, etc. shall be ensured. Wherever
required sufficient illumination, escape ladders, etc. should be provided. Minimum
number of workmen should be permitted to work inside the excavated trenches. Heavy
machineries viz. Crane, etc. should not be permitted near the excavated trenches.

Road Block Clearance


Wherever required, Road Block Clearance has to be obtained as detailed in Annexure 6.

9 SAFETY OF LIFTING EQUIPMENTS

All lifting machines (cranes, forklifts, elevators, hydra cranes, etc.), lifting tools and
tackles (includes slings, chain pulley blocks, wire rope, chains, shackles hooks, etc.)
brought inside refinery by contractor shall have identification marks, Safe Working Load
(SWL) displayed on equipment and certified by the competent authority as per
Tamilnadu Factories Rules. All lifting equipment shall be exposed to “Pre-use check”
before use every time. Pre-use check must include checking of all critical controls such as
brake, limit switches, interlock, warning devices, etc. Contractor shall maintain record of
pre-use check conducted at site.

All lifting machines, lifting tools and tackles shall be removed from service before expiry of
testing date. Visual inspection of such equipment shall also be carried out regularly to look
for deformation/physical damage and the defective equipment shall be removed after
such observations.

The methodology of erection shall be got approved by the Owner prior to carrying out
equipment erection/lift by lifting machines. Contractor shall provide all required data of
the lifting machines for this purpose. All crane operators and riggers deployed for the
purpose of erection shall be well trained and certified for the specific purpose. The area
below crane boom shall be barricaded when the equipment lift is being made and it shall
be ensured that no person shall come under suspended load at any given time. When
cranes are used in night, there shall be adequate illumination and the crane operator
and rigger shall wear fluorescent and light reflective jackets.

Signature of Bidder
With seal

R4 Page 75 of 135
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Page 17

The following should be ensured for material handling equipments:

- Third party approved certificate for Sling, Chain sling, Shackles & webbing slings
- Insurance
- Third Party License
- Reverse light, front light & warning light during night & reverser horn.
- Driving License for heavy vehicle driving for the driver.
- Limit switches
- Angle Indicator
- Safe workload marking
- Safety Hook Latch
- Load Chart
- Signal man

No cranes shall be left unattended with hanging load. On completion of work, the boom/
jib of the crane may be brought down and kept in horizontal condition. No crane
including hydra crane shall be allowed to move on road with suspended load.

10 HOUSEKEEPING

Housekeeping is a very important aspect towards maintaining a healthy & safe work
environment inside any Industry. Most of the safety related issued can be addressed if
proper housekeeping is done and maintained. . The Contractor therefore must ensure for
removal of scrap, inflammable material, waste and debris at appropriate interval
including proper storage of materials and equipment. The debris, scrap and other
unwanted materials generated out of the activities carried out by the Contractors must
be removed from site and shifted to the designated location or as instructed by
Engineer-in-Charge. The Contractor may ensure the following.

Ensure proper storage of both Owners‟ / Contractor’s materials & equipment at site used
for carrying out the maintenance or construction job.

Remove the loose materials, which are not required for use. Accumulation of these at
the site can obstruct means of access to workplaces and passageways. Scrap generated
out of the maintenance job should also be removed.

Workplaces and passageways, that are slippery due to spillage of oil, grease or other
causes, should be cleaned up or strewn with sand, sawdust, ash, chalk powder etc.

The workplace should be kept clean on continuous basis. Even for continuous nature of
work, the work place must be cleaned, non-compliance of which shall be treated as
violation of safety norms.

Before offering a completed job for final inspection/acceptance Contractor must ensure
that all maintenance waste, scrap and other disposable items are removed from the
workplace. Failing the same will call for rejection of inspection call and the contractor
shall be penalized for the wastage of inspection time through necessary recovery from
their bill.

Signature of Bidder
With seal

R4 Page 76 of 135
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Page 18

All disposable material and scrap shall be dumped in the specified location only and
penal recovery shall be made if found dumped in other than designated locations. It may
be noted that in all contracts engaged by the Owner, housekeeping is a part of the scopeof
work and as such deduction made in case of non-compliance is deemed to be accepted
by the Contractor.

The following procedures shall be complied while stacking materials at the worksite:

- Barricading of materials arriving at site


- Proper access for materials stacked
- Proper identification of materials stacked
Precautions to be visibly displayed for chemical materials viz. Paint, thinner,
solvents, etc.
- Proper storage of cylinders with bifurcation for empty and filled cylinders.

11 EMERGENCY PROCEDURES

In case of Emergencies such as fires, explosion, leakages or accidents noted by


contractors‟ personnel, such events should be immediately informed to the nearby CPCL
employees and Fire Station. They may use any of the modes of communication available
nearby viz. Intercom telephone to Fire Control room - 3630 / 3663 or 101 or Breaking
MCP (Manual call point) or PA system or nearby control room to intimate Fire Station
about the incident / accident. For ambulance call 2222.
In case of fire, until assistance arrives at the scene of fire, contractor’s workmen should
use Fire water or portable Fire Fighting media available nearby. The following Siren Code is
practiced in CPCL to communicate in emergency:

Minor fire : No siren

Major Fire : Wailing siren for 2 minutes. Sirens will be sounded six
times for fifteen seconds with an interval of six seconds in
between
Disaster : Same type of siren as in case of Major Fire butsiren will be sounded
three times at the interval of one minute.

All clear : Sounding of Fire sirens continuously for two minutes.

If the Contractor’s employees notice any oil leak or fire, they should immediately report
such matters to the Owner’s representatives and the Fire Station by using any one of
the communication mode mentioned above and stop all the jobs.

On hearing the alarm/ siren the work in progress should be stopped immediately, shut -
off the machinery, such as welding machines and take advice from owner’s
representatives.

Those using firewater for any purpose must immediately stop using the same and must
shut off the hydrant valve from which water being drawn.
Only when the all-clear siren is blown, work should be resumed. Fresh permits should be
taken before commencing work in such cases.

Signature of Bidder
With seal

R4 Page 77 of 135
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Page 19

Assist owner personnel in mitigating emergency situation as per advice.

Any contractor-driving vehicle at the site of fire should park his vehicle at a suitable
location away from the site of fire and firefighting equipment deployed by the Owner.

12 EMERGENCY RESPONSE PLAN

Contractor’s working within the refinery premises is deemed to have studied the
emergency response plan of the Owner. An emergency response plan can be seen at the
Owner’s Fire & Safety Department. Contractor has to adhere and respond to the on- site
emergency plan and coordinate with the site main controller of Refinery in such a
circumstance.

Contractor personnel shall stop their work and proceed to a safe area in the event an
emergency arises in the area where they are working such as fire, oil spillage, power
failure, etc. Before re-commencement of the job they should obtain clearance of Owner‟s
supervisor of area involved.

In view of the hazards associated with Hydrocarbon processing; on site emergency plan
has been prepared in the event of major accident occurring on site. The plan envisages
handling emergency situation, which shall be communicated through siren, based on
nature of emergency as mentioned below.

In case of major emergency, it is the responsibility of the contractor to head count his
personnel and takes them out with the help of concerned Refinery coordinator to safer
location. Contractor must confirm the safe evacuation of his personnel to Refinery
coordinator. In case of missing personnel, it must be brought into the notice of Refinery
authorities immediately in writing.

In case of emergency/major accident or disaster, site-in-charge shall coordinate with Site


Main Controller for sheltering & evacuation and advise his workmen to rush to one of the
following Assembly points:

Refinery-I Control Room


Refinery-II Control Room
Lube Expansion Block/ DHDS Control Room
Power & Utilities – I Control Room
Workshop / Garage
Main Fire Station
Mounded bullet SS
Office Indcoserve
Office Southgate
Power & Utilities-II Control Room
Power & Utilities -III Control Room
Refinery-III Control Room
Refinery-III Fire Station
Mandatory Tank Farm Main gate
Mandatory tank Farm South gate
Mandatory Tank Farm Fire station
Tertiary Treatment Plant Main Gate
Signature of Bidder
With seal

R4 Page 78 of 135
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Page 20

13 ACCIDENT / NEAR MISS INCIDENTS REPORTING

Accidents happen within the CPCL premises or in other work sites of CPCL, should be
reported to the Engineer in Charge in the format available with the Engineer in charge /
Fire & Safety department.

Contractor’s safety supervisors and workmen shall report the Near Miss Incidents to the
Engineer in charge, who in turn will forward it to Fire & Safety department. At least one
Near Miss incident should be reported in each working day during the contract period.

CPCL may constitute a “Contractor’s Safety Steering Committee” who will interact with
CPCL Fire & safety regularly, share best practices amongst themselves, carryout cross
audit of work spots and report areas of improvement.

14 SAFETY REPORT
Contractor shall submit a monthly safety report as per the format enclosed marked as
Annexure - 7.

15 PENALTIES FOR NON-COMPLIANCE OF SAFETY

The contractor has to take full precautions to implement all provisions of Safety
requirements of CPCL. In case of non-compliance of procedure, the owner shall impose
the following penalties on the contractor and such penalties imposed will be deducted
from their running/final bill. EIC or any other authorized personnel of CPCL are
authorized for imposition of penalties.

Above violations resulting in any reportable physical injury as per Factories Act, a
penalty of 0.50% of contract value (Maximum of Rs. 2,00,000/- (Rs. Two lakh only) per
injury shall be levied. In addition to the above, penalty for safety violation as given
below shall be levied by CPCL.

Above violations resulting in a Fatal Accident, a penalty of 1.0% of contract value


(Maximum of Rs. 10,00,000/- (Rs. Ten lakh only)) per fatality shall be levied. In additionto
the above major and minor non-compliances, the following penalties shall be levied for the
events listed:

SN Event Penalty
1 Rs.5000 per Meeting
Absence of Resident Engineer of Contractor in
CPCL‟s safety meeting
2 Non deployment of Safety Engineer / Rs.2000/- per
Supervisor Person per day
3 Failure to submit monthly safety reports Rs.1000/- month
4 Failure to conduct Health / Safety/ Environment
Rs. 1000/- Week
(HSE) meetings and HSE Audit by Contractor at site
(in-house) and maintain records
5 Failure to conduct Health / Safety Rs. 2000/- Month
/ Environment (HSE) meetings and HSE Audit by
Signature of Bidder
With seal

R4 Page 79 of 135
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Page 21

Contractor at site (in-house) and maintain records


6 Failure to report & follow up of accident, fire, Rs.5000/- per
explosion and property damage incident (including occasion
Near Miss Incidents)
7 Poor House Keeping Rs.1000/- per
occasion
8 For non use of Personal Protective Equipment Rs. 500/- per day /
(Helmet, goggles, gloves, Safety belts, Safety item / person
shoes, Full body harness, face shield, etc.,)
9 Working without Work Permits / Clearance Rs.5000/- per
occasion
10 Non use of safe electricity at work sites( Not Rs.2000/- per item
installing, bypassing ELCB, poor joining of cables, per day
non use of plug tops/ insertion of naked wire ends
into socket holes, laying cables/wires across roads/
drains etc, absence of competent electricians)
11 Working at height/ depth without permit and/or Rs 2000/- per case
failure to arrange fall protection arrangement such per day.
as scaffolding/barricading, safety nets etc.
Working at height without full body harness,
working at height using non standard/rejected
scaffolding not arranging fall protection
arrangements as required.
12 Unsafe handling of compressed gas cylinder( No Rs.500/- per item
trolley, jubilee clips, double gauge regulator, per day
improper storage/handling)
13 Use of domestic LPG for cutting purpose Rs.1000/- per
occasion
14 No fencing/barricading of excavated area. Rs.1000/- per
occasion
15 Not providing shoring, shuttering, proper slope and Rs.1000/- per
not keeping the excavated earth at least 1.5 meter occasion
away from the excavated area.
16 Inadequate first aid box. Rs.500/- per
occasion
17 Traffic rules violations like over speeding, rash Rs.1000/- per
driving, wrong parking, not using seat belt, vehicles occasion
not filled with reverse parking alarms, without
proper certificates, without driving license, without
fire extinguisher, using phone while driving etc
18 Degradation of environment ( Not confining toxic Rs.1000/- per
spills, spilling oil/ lubricants onto ground) occasion

19 Rs.1000/- per
Not medically examining the workers before allowing
occasion
them to work at height, not providing ear muffs while
allowing them to work in noise polluted areas, made
them to work in air polluted areas without respiratory
protective devices, etc.
20 Use of Grinder without wheel guard Rs.1000 per occasion
Signature of Bidder
With seal

R4 Page 80 of 135
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Page 22

21 Non-use of CCOE approved spark arrestors; Fire


Rs.2000/- per item
extinguishers in vehicles
per occasion. On
third repeated
occurrence,
contractor shall be
prohibited from
taking vehicles into
the Refinery beyond
the Main Gate
22 Non-use of flash back arrestors in oxy-acetylene
Rs.1000/- per
cylinders
occasion
23 Blocking of roads without permission (OR) Not Rs.5000/-per
providing barricade & caution boards occasion
24 Movement of crane with suspended loads; people Rs.5000/- per
travelling in cranes & forklifts. occasion
25 To be decided by
Any violation not covered above
Engineer-in- charge

The rate of above penalty shall be double in case of violation of aforesaid acts more than
three times during the pendency of the contract. In addition, CPCL reserves the right to
cancel the pass of contractor supervisors / workmen in case of violations and ban them
from entering the refinery.

Signature of Bidder
With seal

R4 Page 81 of 135
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Page 23

16 RADIOGRAPHY

Radiography is a potential hazard to all concerned. Hazardous conditions for both users of
radioisotopes and the general public have to be prevented. Procedure no. CPCL-INSP-
RAD-01, titled “Procedure for the safe use of Industrial Radiography sources during field
Radiography” (all sheets), issued by CPCL has to be followed, to prevent a hazardous
condition during radiography.

Hot work Permit should be obtained for any Radiography works with CPCL premises. The
Engineer-in-charge shall inform F&S Department about the radiography works in
progress.

Details such as the type and strength of the source, the model and the serial number of
the Radiography camera proposed to be used at the site, the names of the
Radiographers and the name of the site-in-charge should be communicated to the
Engineer-in-charge along with the request for approval of the proposed site. A sketch of
the site (to scale) indicating the location of the Radiography operators should also be
sent.

Each Radiography site should possess the specified and calibrated survey meters. At
least one radiation survey meter with calibration certificate shall be made available in
good working condition at all times.

Enough care should be taken before dispatch of the Radiography camera to site. As far
as possible the package containing radiography camera and source should be duly
escorted to the site by an authorized person along with all documents pertaining to the
camera including a certificate stating that the camera is safely packed for transport.

All accessories required for the safe use of the Radiography source such as the
manipulator rod should also be necessarily transported to the Radiography site along
with the Radiography Camera.

Upon arrival at site, the Radiography Camera should be inspected by the Site-in-Charge
and Owner’s nominated Engineer-in-charge and an appropriate entry made in the
relevant logbook.

The Radiography Camera and source when not in use should always be stored in a
separate storage room / pit under lock and key. It should never be left at the work site
unattended. If a number of Cameras and source are to be stored, individual
compartments may be provided in the same storage room or alternatively individual
underground pits with lids bearing appropriate identification markings / tags may be
provided. Care should be taken to avoid water seepage into the pits, which should be
duly protected. Prior approval for the proposed design of the site storage facility should
be obtained from the Owner.

Radiation warning signs should be conspicuously posted on the entrance door of the
storage room. The storage room should be provided with adequate illumination and
ventilation. Site-in-Charge shall be the custodian of the Radiography Cameras and
sources at the site and shall maintain a logbook / issue register regarding the sources or
cameras.
Signature of Bidder
With seal

R4 Page 82 of 135
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Page 24

As far as possible, field radiography should be done only during night when there is littleor
no movement of personnel around the site of radiography.

Field Radiography during daytime may be permitted on a restricted scale when the
occupancy is minimum e.g. during lunch interval or on holidays. If field radiography is
done at the same location repeatedly, it is advisable to provide either a wire fencing
around or a temporary brick enclosure.

A suitable area around the radiation source should necessarily be cordoned off during
field radiography so that the radiation levels outside the area do not exceed the
maximum permissible radiation levels.
The distance to be cordoned off around the source is decided by the nature and strength of
the radiation source used the type of exposure given, the nature of occupancy around and
the total exposure time per week.

Radiation warning symbols should be conspicuously posted all along the cordon. Red
warning lights should be conspicuously displayed during night all along the cordon and
especially at the point of entry.

The concerned radiographer shall be physically present outside the cordoned area during
exposures.

All personnel working with the radiography sources should wear appropriate personnel
monitoring badges during radiography. The film badge should be work on the chest. In
addition, the worker may also wear a wrist badge depending upon the type of operationsto
be conducted.
As soon as the radiation work is over, the film badges should always be stored in a
radiation free area along with the control film. It should never be carried home or left at a
place where radiation sources are stored.
The Site-in-Charge should arrange to collect and return all used films to his Head Officeor
direct to the Owner, as appropriate, at the end of every radiographic examination
without fail.
Any accidental exposure to the film badge or damage to the film due to mishandling
should be immediately reported to the Owner and the film sent to Owner for urgent
processing. The person affected should be provided with a new film.
To facilitate proper evaluation of radiation exposure the film badge should be protected
from excessive heat, moisture and pressure.
In addition to the film badge, each radiation worker may be provided with a pocket
dosimeter, which has a range of 200 mR full scales. These dosimeters should be charged
each day prior to use. The pocket dosimeter reading should be noted in a register
against the name of each radiation worker at end of the day’s work. The pocket
dosimeter should be handled carefully so as to avoid self-discharge due to excessive
humidity conditions, accidental fall, etc.
Radiation emergencies may be caused due to loss of sources or damages to the camera or
source pencil or due to improper functioning of the equipment.

Signature of Bidder
With seal

R4 Page 83 of 135
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Page 25

Contractor with the assistance of contractor’s Safety Officer and Owner should institute
strict internal management procedure to ensure that accidents are avoided.

17 STATUTORY / OISD / BIS GUIDELINES:

Contractors and their supervisors must acquaint themselves with all the relevant
statutory guidelines like Factories Act, Tamilnadu factories rules, Indian Explosives Act
and Rules, Petroleum Act and Rule, Indian Electricity Act and rules, relevant IS
codes, OISD standards / guidelines, etc. relating to safety equipment and safe
working practices. The list of such standards, guidelines and codes are given in
Annexure-8.

Use of Hydra Cranes: Contractor shall follow strictly the guidelines for usage of
Hydra cranes as given below:
•.Hydra cranes with Front cabin only should be engaged for the works at CPCL.
•.Hydra cranes should not be used for transportation of materials.
•.Guiding Ropes should be used always for guiding the loads.
•.In no case, Rear cabin Hydra cranes shall be allowed in the worksite anywhere
in CPCL.
•.Any violation in this regard will be viewed seriously and a penalty of Rs.5,000/-
will be imposed on violators and necessary action will be initiated against the
concerned.

Signature of Bidder
With seal

R4 Page 84 of 135
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Page 26

ANNEXURE – 1

FORMAT OF JOB SAFETY ANALYSIS

Signature of Bidder
With seal

R4 Page 85 of 135
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Page 27

ANNEXURE – 2

SAMPLE MEDICAL CERTIFICATE FORMAT

Certified that I have examined

Shri , Age , ESI Number

on and I find him medically fit to work at height more than 2

meters / work in confined space.

Signature and Rubber stamp Date of Medical Practitioner

(Name, Qualification and Registration Number)

Signature / Thumb Impression of the workman ID Card No.

Note:

1. This certificate is to be given on the letterhead of the registered medicalpractitioner


who is possessing allopathic qualification as recognized by the Indian medical
council.

2. The detailed medical examination report shall be given to the workman for handing
over to CPCL-OHS Centre.

Signature of Bidder
With seal

R4 Page 86 of 135
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Page 28

ANNEXURE – 3

Scaffold Pre-erection cum Periodical Inspection Clearance Form


Location of work (Unit /Area/ Equipment no.)

Name of Contractor: SAP Work order No.:


Scaffold Pre-erection Clearance:
Sl. No. Requirements Yes No Remarks (if any)
Scaffold site erection site inspected and surface is firm
1
/ hard
2 Scaffold erectors have medical certificate

3 Scaffold pipes- , Scaffold couplers - , Base plates - , Toe boards- , Tags (Red &
Green) - , Metal Scaffold planks - , Metal wire - , Aluminum ladder- , Barricading
tape - , Full body harness with double lanyard - , Warning signs - .
Performing authority Authorized Engineer
Date of Request & Clearance for
erection

Designation & PR .No

After pre-erection clearance, RED tag shall be handed over to Performing Authority for
providing in the scaffold till the erected scaffold is offered for inspection & cleared for use.
Scaffold Cleared for use:
Performing authority Authorized Engineer
Date of Request & Clearance for
use

Designation & PR .No


After clearing for use, GREEN tag shall be provided in the scaffold.
Scaffold Clearance Renewal:

Sl. Date Authorized Engineer


Remarks
No. From To PR. No. Name Signature

Signature of Bidder
With seal

R4 Page 87 of 135
Tender no. : CPCLV24177

Page 29

ANNEXURE – 4

TAGS TO CERTIFY SCAFFOLDING

SCAFFOLD INSPECTION TAG SCAFFOLD INSPECTION TAG


(Red Color)
Location:
(Green Color)
Erected by:
Location:
Erected by:

DO NOT USE FIT FOR USE


Name of the authorized engineer: Name of
Date of
Authorized Signature
Signature: Inspection
Engineer

Date of inspection:

Signature of Bidder
With seal

R4 Page 88 of 135
Tender no. : CPCLV24177

Page 30

ANNEXURE – 5

FORMAT OF SCAFFOLDING REGISTER

Remark
INSPECTION RECORD
Name of Contractor’s Name of CPCL‟s
Date Signature Signature
Safety supervisor Engineer-in-Charge

Signature of Bidder
With seal

R4 Page 89 of 135
Tender no. : CPCLV24177

Page 31

ANNEXURE – 6

ROAD BLOCK CLEARANCE

Signature of Bidder
With seal

R4 Page 90 of 135
Tender no. : CPCLV24177

Page 32

ANNEXURE – 7

MONTHLY SAFETY REPORT


(To be submitted by each Contractor)

Actual Work start Date: for the Month of:

Project: Report No.:

Name of the Contractor: Status as on:

Name of work: Name of Designated Safety Officer:

Item This Month Cumulative

Remarks, if any

Date:
Safety Officer / Resident Engineer
(Signature and Name)
To

Signature of Bidder
With seal

R4 Page 91 of 135
Tender no. : CPCLV24177

Page 33

ANNEXURE - 8

APPLICABLE CODES / STANDARDS / GUIDELINES

BIS CODES

SP: 53 Safety code for the use, care and protection of hand operated tools.
IS: 818 Code of practice for safety & health requirements in electric and gas welding and
cutting operations
IS: 1179 Eye & Face precautions during welding, equipment, etc.
IS: 1860 Safety requirements for use, care and protection of abrasive grinding wheels
IS: 1989 Leather safety bolts and shoes (Part-II)
IS: 2925 Industrial Safety Helmets
IS: 3016 Code of practice for fire safety precautions in welding & cutting operation
IS: 3043 Code of practice for earthing
IS: 3764 Code of safety for excavation work
IS: 3786 Methods for computation of frequency and severity rates for Industrial injuries
and classification of industrial accidents
IS: 3996 Safety Code of scaffolds and ladders
IS: 4082 Recommendations on stacking and storage of construction materials and
components at site
IS: 4770 Rubber gloves for electrical purposes
IS: 5121 Safety code for piling and other deep foundations
IS: 5216 Recommendations on Safety procedures and practices in (Part-I) electrical works
IS: 5557 Industrial and Safety rubber lined boots
IS: 5983 Eye protectors
IS: 6519 Selection, care and repair of Safety footwear
IS: 6994 Industrial Safety Gloves (Leather & Cotton Gloves) (Part-I)
IS: 7293 Safety Code for working with construction Machinery
IS: 8519 Guide for selection of industrial safety equipment for body Protection
IS: 9167 Ear protectors
IS: 11006 Flash back arrestor (Flame arrestor)
IS: 11016 General and safety requirements for machine tools and their operation
IS: 11057 Specification for Industrial safety nets
IS: 11226 Leather safety footwear having direct mounded rubber sole

Signature of Bidder
With seal

R4 Page 92 of 135
Tender no. : CPCLV24177

Page 34

IS: 11972 Code of practice for safety precaution to be taken when entering a sewerage
system
IS: 13367 Code of practice-safe use of cranes
IS: 13416 Recommendations for preventive measures against hazards at workingplace

INTERNATIONAL STANDARDS

Safety Glasses ANSI Z 87.1, ANZI ZZ 87.1, AS 1337, BS 2092, BS 1542, BS 679, DIN 4646
/58211
Safety Shoes ANSI Z 41.1, AS 2210, EN 345
Hand Gloves BS 1651
Ear Muffs BS 6344, ANSI S 31.9
Hard Hat ANSI Z 89.1 / 89.2, AS 1808, BS 5240, DIN 4840
Goggles ANSI Z 87.1
Face Shield ANSI Z 89.1
Breathing Apparatus BS 4667, NIOSH
Welding & Cutting ANSI Z 49.1

OISD GUIDELINES

OISD-GDN-207 Contractor Safety


OISD-STD-105 Work Permit System
OISD-GDN-192 Safe practices during Contract

Signature of Bidder
With seal

R4 Page 93 of 135
Tender no. : CPCLV24177

Page 35

ANNEXURE – 9

FORMAT FOR ELECTRICAL ISOLATION / ENERGISATION

Signature of Bidder
With seal

R4 Page 94 of 135
Tender no. : CPCLV24177

Chennai Petroleum Corporation Limited


HR Personnel
DepartmentNotice
No: PD/07/2021

Sub: Additional Penalties for safety violations w.e.f


20/01/2021

The following Penalties will supersede the penalties indicated in Sl. No. 15.3 (Pages 20-22):
.

Penalties
S No Lapses/ Violations 1 st
2nd 3rd
Violation Violation Violation
Road Safety
Suspension of
1 Over speeding of vehicle Rs. 1000/- Rs. 2000/- vehicle pass for
03 months
Suspension of
Not wearing seat belts while driving
2 Rs. 500/- Rs. 1000/- vehicle pass for
inside the battery area
15 days
Suspension of
3 Vehicle parking at non-designated area Rs. 500/- Rs. 1000/- vehicle pass for
03 months
Work Permit System
Failed to comply prescribed Work
4 Rs. 1000/- Rs. 2000/- Rs. 3000/-
permit procedure
Non-compliance to conditions of
5 Rs. 500/- Rs. 1000/- Rs. 2000/-
Work Permit system
6 Use of Hydra without flag man Rs. 1000/- Rs. 1500/- Rs. 2000/-
Safety
Non-wearing of required PPEs such
7 as safety Helmet & safety shoe inside Rs. 500/- Rs. 750/- Rs. 1000/-
battery area
Not using special PPEs (such as safety
8 belt, safety lanyard, full body harness Rs. 500/- Rs. 750/- Rs. 1000/-
etc.) while working at height#
Non wearing required PPEs (hand
glove, face shield, Goggles etc. for jobs
9 Rs. 500/- Rs. 750/- Rs. 1000/-
such as welding chemicals handling
etc)
Non-compliance to Logout / Tagout
10 Rs. 500/- Rs. 1000/- Rs. 2000/-
(LOTO)
Rs. 1000/-* Rs. 1500/-* Rs. 2000/-*
11 Carrying Mobile inside Refinery
*or / and disciplinary action

# - In addition to each penalty, the pass of the concerned contract worker will be
withdrawn forone month for violation of safety while working at height.

R4 Page 95 of 135
Tender no. : CPCLV24177

Format A

Declaration for Acceptance of Tender Document


I/ we confirm that we have quoted the rates in the tender considering Inter-alia the
following documents, as applicable for the subject tender:

1. Price bid (BoQ) sheets


2. Techno-Commercial Bid Document
3. General Conditions of Contract (GCC), Other Conditions of Contract,
4. Addendum / Corrigendum (if any)
5. All other attachments, drawings, specifications etc. which are part of the tender
document.

I/we hereby certify that we have fully read and thoroughly understood the tender
requirements and accept all terms and conditions of the tender including all documents
mentioned above and all corrigendum/addendum issued. Our offer is in confirmation to
all the terms and conditions of the tender including all corrigendum/addendum and
minutes of the pre-bid meeting, if any except the deviations stated in format of
“Deviations / Exceptions”. In the event of award of contract to us, the complete tender
document along with addendum /corrigendum, if any as uploaded by CPCL at e-tender
portal / GeM portal (as applicable) under the subject referring to the above-mentioned
tender number shall be considered for constitution of Contract Agreement.

I/ we declare that none of the electronic documents have been tampered with. In case
of tampering of electronic documents, the bid shall be rejected outright and EMD
forfeited without prejudice to any other rights or remedies available to CPCL.

I / we further undertake and confirm that all the documents submitted by us along with
the bid are true and genuine to the best of our knowledge and belief. In case at any time,
any document / information furnished by us are found to be forged / false / fabricated /
misleading, we shall be solely liable for any legal consequences, penal actions including
holiday listing by CPCL.

Signature of the bidder with stamp

Name : ………………………..…… Designation : ………………….…………………….


Company Name : ………………...
Contact Number : ……………….………………….
Email ID : ………………………….…………………

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Tender no. : CPCLV24177

Format B
Information about the bidder

Sl.
Description Details
No.
1 Name of Bidder /
Organisation
2 Name & Designation of
the Person in whose
name Power of
Attorney is given for
this tender
3 Name & Designation of
the Person in whose
name DSC has been
taken and the offer is
being submitted for this
tender
Details of the Contact Person / alternate person for this Tender
Name
Address

Phone No.
Mobile No.
E-mail ID
5 ESI Code No.
6 EPF Code No.
7 Vendor code at CPCL
8 IT Pan No.
9 GST Registration No.

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Tender no. : CPCLV24177

Format C
Schedule of deviations

Bidder may stipulate exceptions and deviations to the tender document, if considered
unavoidable as per the following format:

Page No. of Clause No. of


Sl
tender tender Subject Deviation
no
document document
COMMERCIAL

1.

2.

3.

TECHNICAL

1.

2.

3.

All exceptions/deviations taken by the Bidder to the stipulations of the tender document
shall be brought out in the Techno-Commercial bid (and not in the Tender document or
Price Bid) strictly as per this format.

Note: 1) If the above table is left blank (unfilled), it will be construed that the bidder has
not taken any deviation to this tender.

2) Any exceptions/deviations brought out elsewhere in the bid shall not be


construed as valid.

Signature of the bidder with stamp

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Tender no. : CPCLV24177

Format D
Pre-qualification details submitted by bidder

S.No. Requirement Details

1 EMD details

2 PQ Experience criteria

2.1 Reference # 1

a. Work order ref.,

b. Work order date

c. Name of the job

Work order amount (excl.


d.
GST)

e. Executed value (excl. GST)

f. Completion date of job

g. Name of the client

Name, Designation, email


h.
address, e-mail id, contact

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Tender no. : CPCLV24177

phone nos. of Work order

and Completion certificate

issuing authority

2.2 Reference # 2

a. Work order ref.,

b. Work order date

c. Name of the job

Work order amount (excl.


d.
GST)

e. Executed value (excl. GST)

f. Completion date of job

g. Name of the client

Name, Designation, email

address, e-mail id, contact


h. phone nos. of Work order

and Completion certificate

issuing authority

2.3 Reference # 3

a. Work order ref.,

b. Work order date

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Tender no. : CPCLV24177

c. Name of the job

Work order amount (excl.


d.
GST)

e. Executed value (excl. GST)

f. Completion date of job

g. Name of the client

Name, Designation, email

address, e-mail id, contact


h. phone nos. of Work order

and Completion certificate

issuing authority

3 PQ Financial criteria

a Turn over details for

2020-21 Rs.

2021-22 Rs.

2022-23 Rs.

b Networth for 22-23

4 Technical PQ criteria, if any

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Tender no. : CPCLV24177

Format E

Declaration for confidentiality clause w.r.t compliance with cpcl’s insider trading code

During the contract / engagement with CPCL, the organization, its employees, agents,
other contractors, sub-contractors and their employees, etc., may be exposed to certain
unpublished price sensitive information (UPSI), that is not generally available to the public
or in public domain and which upon becoming generally available is likely to materially
affect the price of the securities of CPCL traded in Stock Exchanges. Such UPSI shall be
held by the organization, its employees, agents, other contractors, sub-contractors and
their employees etc., in strictest confidence and shall not be disclosed to any other party
except on need to know basis and with the prior consent of CPCL.

It is hereby further cautioned that, the organization, its employees, agents, other
contractors, sub-contractors, their employees and immediate relatives thereof, should not
trade in the securities of CPCL while in possession of such UPSI or communicate such
UPSI to any person except in furtherance of legitimate purposes, performance of duty or
discharge of legal obligations. Any trades in securities of CPCL, while in possession of
any UPSI would be presumed to have been motivated by the knowledge and awareness
of the UPSI and liable for penal action under this contract / engagement as well as under
SEBI (Prohibition and Insider Trading) Regulations, 2015. It is therefore advised to
familiarize with the “Code for Prevention of Insider Trading in the Securities of CPCL”,
copy of which is hosted on the website www.cpcl.co.in/policies.

Accordingly, it must be ensured that any UPSI, whenever received from the CPCL,
(a) shall be used solely for the purpose for which it is being disclosed;
(b) shall be preserved and the secrecy of such information shall be maintained;
(c) shall not be disclosed to any third party;
(d) shall be kept securely and properly protected against theft, damage, loss and
unauthorized access (including access by electronic means) by deploying means
similar to those being used to secure their own confidential information;
(e) To notify CPCL immediately upon becoming aware that any of the confidential
information has been disclosed to or obtained by a third party.

The organization shall undertake that its employees & their immediate relatives, agents,
sub-contractors and any other person associated with said contract / engagement does
not violate any of the provision of the SEBI (Prohibition of Insider Trading) Regulation,

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Tender no. : CPCLV24177

2015. Any violation shall be considered as breach of terms of contract / engagement and
CPCL shall take necessary action for such breach in addition to reporting it to SEBI for
taking necessary action under SEBI (Prohibition of Insider Trading) Regulations, 2015.”

NOTE: The above Confidentiality Clause will also be included in the contract work order.

Signature of the bidder with stamp

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Tender no. : CPCLV24177

Format F
Declaration for the purpose of Section 206AB & 206CCA of Income-tax Act, 1961
TO WHOMSOEVER IT MAY CONCERN
Name of the Vendor/Contractor/Supplier:
Address:

PAN:
SAP Vendor Code:
Financial Type of Income- Due date Date of Aggregate of Tax
tax u/s filing of Deducted at Source
Year (recent Return 139(1) / (TDS) and Tax
Return Income-
2 years for Collected at Source
Acknowle 139 (5) tax return (TCS) claimed in
which return
is filed) dgement Income-tax Return is
not less than Rs.
Number
50,000 (Y/N)

Original
FY 2020-21

Revised

FY 2021-22 Original

Revised

FY 2022-23 Original

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Tender no. : CPCLV24177

I/We_____________________(Name of the person signing the declaration) hereby


declare that particulars provided are true and correct.

I/We understand that based on this declaration, CPCL will not apply higher rate of
TDS/TCS as per provisions of Section 206AB and 206CCA respectively. In case any
of the particulars submitted appears to be false or are found to be false and the Income-
tax Authorities raises any tax demand including interest and penalty on account of
non-compliance of the provision of Section 206AB or 206CCA, as the case may be,
w e hereby undertake to keep CPCL indemnified against any such demand of tax,
interest and penalty.

I/We hereby declare that I/we am/are competent to sign and submit this
declaration.

For
Date :
Place : [ Authorized Signatory]

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Tender no. : CPCLV24177

Format G

Compliance with the government order on procurement from bidders from countries
sharing land border with india

I. Any bidder from a country which shares a land border with India will be
eligible to bid in this tender only if the bidder is registered with the Competent
Authority.

Competent Authority for the purpose of this registration shall be the


Registration Committee constituted by the Department for Promotion of
Industry and International Trade (DPIIT). Registration with the competent
authority shall be valid at the time of submission of bid and at the time of
acceptance of bids. Where applicable, bidder shall attach copy of valid
registration certificate issued by the Competent Authority.
II. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain
contexts) means any person or firm or company, including any member of a
consortium or joint venture (that is an association of several persons, or firms
or companies), every artificial juridical person not falling in any of the
descriptions of bidders stated hereinbefore, including any agency branch or
office controlled by such person, participating in a procurement process.
.
III. "Bidder from a country which shares a land border with India" for the purpose
of this Order means: -

a. An entity incorporated, established or registered in such a country; or

b. A subsidiary of an entity incorporated I established or registered in such


a country. or

c. An entity substantially controlled through entities incorporated,


established or registered in such a country; or

d. An entity whose beneficial owner is situated in such a country; or

e. An Indian (or other) agent of such an entity; or

f. A natural person who is a citizen of such a country. or

g. A consortium or joint venture where any member of the consortium or


joint venture falls under any of the above

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Tender no. : CPCLV24177

IV. The beneficial owner for the purpose of (III) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial
owner is the natural person(s), who, whether acting alone or together,
or through one or more juridical person, has a controlling ownership
interest or who exercises control through other means.
Explanation-
a. "Controlling ownership interest" means ownership of or
entitlement to more than twenty-five per cent. of shares or capital
or profits of the company;

b. "Control" shall include the right to appoint majority of the directors.


or to control the management or policy decisions including by
virtue of their shareholding or management rights or shareholder’s
agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s)


who, whether acting alone or together, or through one or more juridical
person, has ownership of entitlement to more than fifteen percent of
capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals, the


beneficial owner is the natural person(s), who, whether acting alone or
together, or through one or more juridical person, has ownership of or
entitlement.to more than fifteen percent of the property or capital or profits
of such association or body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position of
senior managing official;

5. In case of a trust, the identification of beneficial owner(s) shall include


identification of the author of the trust, the trustee, the beneficiaries with
fifteen percent or more interest in the trust and any other natural person
exercising ultimate effective control over the trust through a chain of
control or ownership.

V. An Agent is a person employed to do any act for another or to represent another


in dealings with third person.

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Tender no. : CPCLV24177

Certificate by the Bidder:

(Bidder to choose from the following terms according to their applicability & put tick
mark against the applicable one).

o Certified that "I have read the clause regarding restrictions on procurement from
a bidder of a country which shares a land border with India. I certify that this
bidder is not from such a country”

( or)

o If from such a country, has been registered with the Competent Authority.

“I hereby certify that this bidder fulfills all requirements in this regard and is
eligible to be considered. [Where applicable, evidence of valid registration by
the Competent Authority shall be attached]”.

Bidders shall submit the above certificate duly signed and stamped as part of the
Techno commercial bid failing which the offer shall not be considered. If the certificate is
found to be false, this would be a ground for immediate termination of Contract and
further legal action.

Signature of the bidder with stamp

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Tender no. : CPCLV24177

Format H1
Declaration of Local Content
(to be submitted on Company’s Letterhead for jobs upto Rs.10 Cr)
Tender ID -………………………….

Certification by bidder

I_______________________, Son/Daughter of _______________________, do


solemnly affirm and state as under:

1. That I am the__________________________ of _________________and I am duly


authorized to furnish this undertaking declaration on behalf of__________________ _.

2. That___________________ has submitted its bid no __________dated __________


against bidding document No _____________dated_______ for________ ____ ____
____ ____ ____ ____ ____ ____ ____ _item/works for ________ _____________

3. That the company is fully aware of the provisions of Policy to Provide Purchase
Preference (linked with local content) (PPP-MII) dated 17.11.2020 and amendments
thereof.

4. We hereby confirm that our offer is achieving the local content (LC) of

Declaration of Local Content (Local means India)


[ ] Equal to or above 50%
[ ] 20 % and above but upto 50 %
[ ] Less than 20 %
(Tick whichever is applicable)
5. I confirm that I am aware of the implication of the above undertaking and our liability
on account of wrong declaration.

(Authorized signatory)

Note: This undertaking shall be certified by the authorized signatory of the bidder,
signing the bid. Preference is applicable only when Local Content is minimum 50 %

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Tender no. : CPCLV24177

Format H2
Declaration of Local Content
(to be submitted on Company’s Letterhead for jobs of Rs. 10 Cr and above)

I_______________________, Son/Daughter of _______________________, do


solemnly affirm and state as under:

1. That I am the__________________________ of _________________and I am duly


authorized to furnish this undertaking declaration on behalf of__________________ _.

2. That___________________ has submitted its bid no __________dated __________


against bidding document No _____________dated_______ for________ ____ ____
____ ____ ____ ____ ____ ____ ____ _item/works for ________ _____________

3. That the company is fully aware of the provisions of Policy to Provide Purchase
Preference (linked with local content) (PPP-MII) dated 17.11.2020 and amendments
thereof.

4. We hereby confirm that our offer is achieving the local content (LC) of

Declaration of Local Content (Local means India)


[ ] Equal to or above 50%
[ ] 20 % and above but upto 50 %
[ ] Less than 20 %
(Tick whichever is applicable)
5. I confirm that I am aware of the implication of the above undertaking and our liability

on account of wrong declaration.

(Authorized signatory)

R4 Page 110 of 135


Tender no. : CPCLV24177

Certification by the Statutory Auditor / Chartered Accountant of the bidder

We,___________________, a CA firm having our registered office address

_____________ _____________________________and certificate number

_____________ certify that we are statutory auditor of the company

M/s________________________, having its registered office at ___________________.

OR

We,___________________, a CA firm having our registered office address

_________________and certificate number ____________________ certify that

statutory auditor is not mandatory for the company. We,___________________, a CA

firm having our registered office address __________________________and certificate

number _________________ certify that we are statutory auditor of the company

M/s________________________, having its registered office at

____________________________

OR

M/s__________________, having its registered office at __________________ as per

prevailing law and we are practicing Chartered Accountant, not being employee/ Director

and not having any interest in the company.

We have understood the provisions of Policy Purchase Preference (linked with local

content) (PPP-MII) dated 17.11.2020. We hereby confirm that the local content (LC)

details certified above by M/s _________________________

(Statutory auditor / Chartered Accountant of the bidder)

Note: This undertaking shall be certified by the authorized signatory of the bidder, signing
the bid. Preference is applicable only for suppliers claiming minimum 50 % Local Content.

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Tender no. : CPCLV24177

Format I

Declaration for independent ESI

Strike out Not Applicable Clause / section and furnish relevant document.

(a) If Available:

If independent ESI code is available, please indicate code _______________________


and annex the copy of the same.

(b) If independent ESI code is presently not available:

Party will be governed by the following:

“In case job is awarded, party will acquire independent ESI code within 15 days of the
date of issue of Work order. The gate pass for labour shall be issued only after furnishing
the independent ESI code to Engineer-in-Charge (EIC). In case party fails to acquire the
independent ESI code, EIC reserves the right to cancel the work order, forfeit the EMD
and initiate suitable penal action as deemed fit by CPCL.

(c) In case of exemption claim:

In case bidder claims exemption from obtaining independent ESI code, bidder must
submit documentary evidence towards the same along with the bid. CPCL will examine
the submitted documents during tendering and convey the decision to the party. If the
exemption claim is accepted by CPCL, the party will have to furnish an indemnity bond
indemnifying CPCL against any eventuality regarding ESI becoming applicable to the
party during the tenure of the contract. In case the exemption claim of party is not
acceptable to CPCL the same will be conveyed to the party and party will be governed
by above clause (b). In response to CPCL communication conveying non acceptance of
party’s exemption claim, party will submit acceptance to above clause (b).

In case party does not agree to any of the above clauses (a), (b) or (c) the offer of party
shall be liable for rejection.

(Signature of bidder with stamp)

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Tender no. : CPCLV24177

Format J
Consent Letter Format for E-Payment

(On the Letterhead of the Vendor / Contractor / Supplier)


Date :

To
Chennai Petroleum Corporation Ltd
Manali
Chennai

Dear Sir,
With reference to the Tender/P.O./W.O / Contract Ref. No.________________
Dtd.____________ issued to us by CPCL, we hereby give our consent to accept the
related payments of our claims/ bills on CPCL through Cheques or Internet based online
E-payments system at the sole discretion of CPCL. Our Bank account details for the said
purpose are as under:

S.No. Particulars Details


1. Name and Address of the
Beneficiary
2. Account No. of Beneficiary
3. Account classification (CA / CC-11
or 29) & SB-10 as per cheque leaf.
4. Name and address of the Bank
Branch (where payments are to be
sent by CPCL)
5. Branch Name / Code
6. The 9 Digit MICR code of the
Branch (as appearing
on the MICR cheque)
7. IFSC Code of the Bank Branch for
RTGS mode
8. IFSC Code of the Bank Branch for
NEFT mode
9. E-mail ID of Beneficiary
10. Any other Particulars (to be advised
by Beneficiary for the E-payments
purposes
11. Permanent Account Number (PAN)
12. Mobile number (for sms alerts)

A blank copy of a cancelled cheque / photocopy of a cancelled cheque relating to the


above account number for verifying the accuracy of the bank account details is enclosed.

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Tender no. : CPCLV24177

A copy of PAN Card duly attested by authorized signatory for verifying the accuracy of
the PAN is enclosed.

I/We hereby declare that the particulars given above are correct and complete.

Date: Signature of Account Holder


Place: with Company Stamp (If a Company)

Encl: One Cheque / Photocopy of Cheque duly Cancelled & Copy of PAN Card.

***We hereby confirm that the above bank account details of beneficiary are correct in all
respects and the account of Beneficiary (CPCL Vendor) is maintained at our bank branch.

(Name of the Bank & Branch)


Authorized Signatory

***Verification required only in case (a) vendors not providing a cancelled cheque leaf or
if vendors name is not printed/appearing on the cancelled cheque leaf submitted to CPCL
Office. (b) Change in existing bank details.

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Tender no. : CPCLV24177

Annexure K
Declaration Regarding Submission of Single Bid
We hereby agree to fully comply with, abide by and accept without variation, deviation or
reservation all technical, commercial and other conditions whatsoever of the Tender
Documents and Addendum to the Tender Documents for the subject work.

We hereby further confirm that any terms and conditions if mentioned in our bid (Un-
priced as well as Priced Part), shall not be recognized and shall be treated as null and
void. I_________________________________________(Name of authorized person)
declare hereby in the capacity of__________________________________(State
designation) that Bidder
M/s____________________________________________________is submitting only
one bid for this tender and has not made any other bid or multiple bid.

Note: As per following, the submitted bids shall be considered as multiple bids.
i. A person shall be deemed to have submitted more than one bid if a person bids
in an individual or proprietorship format at and/or in a partnership or association
of persons format and/or in a company format.
ii. A company shall for this purpose include any artificial person whether constituted
under the laws of Indian or of any other country.
iii. A person shall be deemed to have bid in a partnership format or in association of
persons format if he is a partner of the firm which has submitted the bid or is a
member of any association of persons which has submitted a bid.
iv. A person shall be deemed to have bid in a company format if the person holds
more than 10% (ten percent) of the voting share capital of the company which has
submitted a bid, or is a director of the company which has submitted a bid, or holds
more than 10% (ten percent) of voting share capital in and/or is a director of a
holding company of that company which has submitted the bid.

In case it is found that bidder has submitted more than one bid, all the bids shall be
rejected and the Earnest Money Deposit (if applicable) for all such bids shall be forfeited,
not by way of penalty or liquidated damages but by way of reimbursement of the pre-
estimated costs likely to be incurred by the OWNER towards bidding process and in the
scrutiny and evaluation of bids.

(STAMP & SIGNATURE OF TENDERER)

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Tender no. : CPCLV24177
Annexure A

INTEGRITY PACT:

Chennai Petroleum Corporation Ltd has entered into a Memorandum of


Understanding(MoU) with Transparency International India on 24 th March 2009 for
implementing the Integrity Pact Programme focused on enhancing transparency in its
business transactions, contracts and procurement processes.

The contact details of Independent External Monitors and Nodal Officer are furnished
below.

Independent External Monitors:


1) Shri Pidatala Sridhar , IRS(Retd) 2) Shri Girraj Prasad Gupta,
ICAS(Retd)
Flat-2C, Kanaka Lakshmi Apartments, E 94 (First floor), GK 1,
3-6-467 & 468, Street Number: 6 New Delhi-110 048
Himayatnagar, Hyderabad-500 029 Mobile no:91-9868266056
Mobile no:91-8762302646 Email id:[email protected]
Email id:[email protected]
CPCL Nodal Officer:
Shri P C Ramesh Babu, CGM (Corporate Planning & Business Development)
CPCL, Corporate Office,
536, Anna Salai, Teynampet
Chennai-600 018
Mobile no: 9940473469
Email id: [email protected]

Note: Bidders are advised to approach tender inviting officer only for any
information related to the tender.

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Covering Letter required to be signed and submitted by the tenderer

Ref: Dated:

To

M/s. Chennai Petroleum Corporation Limited


------------------------------------------------
------------------------------------------------

Sub: Submission of Offer for Tender No… … ………..…………………………………

Dear Sir,

The Bidder acknowledges that Chennai Petroleum Corporation Limited (CPCL) has signed
the MOU with Transparency International India for the adoption of the Integrity Pact
Program and stands committed to following the principles thereof as enumerated in the
Integrity Agreement enclosed with the tender document.

The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer made on
the condition that the Bidder will sign the enclosed Integrity Agreement, which is an
integral part of tender documents, failing which the tenderer will stand disqualified from
the tendering process. The Bidder acknowledges that the Bid would be kept open in its
original form without variation or modification for a period of 180 days (state the
number of days from the last date for the receipt of tenders stated in the NIT) AND THE
MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE
ACCEPTANCE of this condition of the NIT.

Bidder confirms acceptance and compliance with the Integrity Agreement in letter and
spirit and further agrees that execution of the said Integrity Agreement shall be separate
and distinct from the main contract, which will come into existence when bid is finally
accepted by CPCL. The Bidder acknowledges and accepts the duration of the Integrity
Agreement, which shall be in line with Article 8 of the enclosed Integrity Agreement.

Bidder acknowledges that in the event of Bidder’s failure to sign and accept the Integrity
Agreement, while submitting the Bid, CPCL shall have unqualified, absolute and
unfettered right to disqualify the tenderer and reject the Bid in accordance with the terms
and conditions of the tender.

Yours faithfully,
(Duly authorized Signatory of the Bidder)

(Note - One copy of this letter along with the Integrity Agreement duly signed must be
returned along with offer).

For CPCL For Bidder

Tender No and Title: Page 1 of 9


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Annexure B

Reverse auction process in e-tender portal

1.1 Live Auctioning

After auction has been published on E-Tendering Portal, system will make the
tender available to the bidder from scheduled auction start date & time (as
defined in auction basic details) onwards for live auction. Live auction process
has been described below from bidder’s view along with various screens.

i) After tender has been published, it will be available to all the qualified bidders
under “My Auctions” tab where bidders shall be able to check all the details of
auction as defined by the tender creator as shown below.

ii) Bidder shall click on the “My Auction” tab, he will get the list of tenders for which
auction has been opted and published but auction has not ended till now as
shown below:

Bidder shall click on View option which will open a separate page having all the
basic details of auction as defined by the tender creator as shown below.
Accordingly bidders shall prepare themselves to participate in the auction. From
scheduled Auction Start Date & time onwards, tender will be available to all the
qualified bidders under “Live Auctions List” tab from where bidders shall be able
to participate in the auction and quote the price.

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iii) After Auction Start Date as indicated in the above screenshot, Bidder shall click
on “Live Auctions List” tab where list of tenders whose auction start date & time
has started will be available as shown below:

iv) Bidder shall click on the hammer (as indicated in above screen shot) against
the respective tender; it will take bidder to the new page. In case of single lot
auction, new page will be like as shown below:

v) Here bidder will quote his price in “My Auction Price: Rs” field. My Auction Price
field will accept any value arrived by deducting Current Price by Multiples of
Decrement Price. E.g. in above screen Bidder shall be able to quote X where
X=49700000- n*100000 where n is any integer. After quoting the price in My
Auction Price field, bidder shall sign his bid digitally by clicking on symbol and
then submit the bid. Provided bidder shall not be able to quote any value below
maximum seal value (ref. above detail on maxim Seal value). Bidder shall quote
the prices keeping Price Evaluation criteria in mind as these prices shall be
deemed to be the evaluated price.

vi) If any bidder quotes within Elapse Time before auction end time or extended
auction end time, Auction End time will be auto extended by the system for Auto
Increment Time (refer above for details on Elapse Time and Auto Increment
Time). Screen with extended auction end time is as given below:

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vii) After Auction End Date/Time or Extended Auction End Date/Time whatsoever
is later is over, tender will no more be visible under “Live Auction List”.

viii) In case of Multi-lot auction, when a bidder shall click on the hammer as referred
in clause “iv”, system will take the bidder to new page where all the lots of
auction will be visible as shown below:

In above screen, following combination will tell whether auction has started for
a particular lot or not.

My Latest Value & L1 Rate View Status of Lot


Nil Nil Auction NOT YET started
Some Value Hammer Auction Started
Some Value Nil Auction Ended/Expired
Some Value Nil Auction Ended/Expired

Bidder shall get the option of hammer and to quote only against those line
items for which he is qualified after price bid opening.

ix) Bidder shall click on the hammer available against individual lot which will take
the bidder to new screen as shown in clause “iv” and quote for each lot
separately as described in clause v & vi.

x) In case of multi lot auction, after Auction End Date & Time or Lot wise Auction
End Date & Time / Extended date & Time for all items (which so ever is later)
is over, tender will no more be visible under “Live Auction List”.

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Annexure C
General guidelines for Reverse Auction (RA) IN GeM

GeM portal is dynamic and the bidder shall make themselves conversant with
seller’s screen before making entry in the system.

a) Bidders are informed that Reverse Auction will be conducted for finalizing
this Tender in GeM Portal as per GeM guidelines. (i.e. General terms and
conditions on GeM 3.0).

b) H1 bid received in Price Bid (BoQ) against a Tender shall not be eligible to
participate in the Reverse Auction process and the bid would be rejected by the
system wherever techno-commercially accepted bidders are more than three (3).

c) Reverse Auction would be conducted amongst all the technically qualified


bidders except the Highest quoting bidder. The technically qualified Highest
Quoting bidder will not be allowed to participate in RA. However, H-1 will also be
allowed to participate in RA in following cases:

i. If number of technically qualified bidders are only 2 or 3.


ii. If Buyer has chosen to split the bid amongst N sellers, and H1 bid is
coming within N (Not applicable for this tender)
iii. In case Primary product of only one OEM is left in contention for
participation in RA on elimination of H-1 (Not applicable for this tender)
iv. If L-1 is non-MSE and H-1 is eligible MSE and H-1 price is coming within
price band of 15% of Non-MSE L1
v. If L-1 is non-MII and H-1 is eligible MII and H-1 price is coming within price
band of 20% of Non-MII L-1 (Not applicable for this tender)
d) If techno-commercially accepted bidders are three are more, then all of the
bidders / 50% of the bidders (If more than six techno-commercially bidders are
accepted) shall be allowed to participate in the Reverse Auction process.

e) Intimation by mail / GeM portal shall be provided to the eligible bidders for
Reverse Auction along with its scheduled start time and other relevant details.

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f) The lowest price shall be available on the Reverse Auction screen at any point of
time during the Auction process. This displayed price is the evaluated price based
on which the lowest bid is determined as per evaluation criteria / Tender Terms
& conditions. Accordingly, the bidder will put their quote in the Auction window if
they want to offer the reduced price considering the evaluation criteria as per
Price Bid (BoQ) / Tender Terms & Conditions.

g) Bidder shall calculate his final evaluated price as per BoQ or evaluation criteria
mentioned in the tender document and quote accordingly inclusive of GST.

h) The lowest quote after end of Reverse Auction shall be considered for further
processing.

i) For the purpose of extending MSME or any other preference /benefit as per
guidelines, the latest quote of respective MSME bidder(s) during the tender-cum-
auction process shall be considered.

j) CPCL reserves the right to conduct price negotiation with overall L1 bidder based
on price quoted in BoQ and RA.

k) CPCL reserves the right to cancel reverse auction and finalize the tender on the
basis of prices quoted in BoQ.

l) CPCL reserves the right to issue corrigendum on auction detail, suspend,


resume, reopen and cancel the auction and any other corrigendum.

i) Starting Price:
As the name describes, Reverse Auction starts from this value. By default,
Starting Price will be L1 price emerged from the rates quoted by the bidders
in BOQ. This may be reduced, if required.
ii) Current Price:
As the name describes, Current Price is the latest L1 value by the bidder.
iii) Minimum price
Minimum price will not be indicated.
Note: GeM states that minimum price is not applicable

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iv) Live Auctioning


After auction has been published on GeM Portal, system will make the
tender available to the bidder from scheduled auction start date & time (as
defined in auction basic details) onwards for live auction.
Live auction process data’s are as indicated below (Screen shot attached):

Note:
Bidders shall calculate, confirm and offer their final price before making entry in
the system
v) Auction Start Date:
Auction gets available under “Live Auction” tab and open for bidders to
quote from this time onwards. This time shall be at least 24 hours after
publishing of Auction details.
vi) Auction End Date:
Auction window available to the bidder expires and auction shall not be
available under “Live Auction” tab from this time onwards subject to auto
extension of the auction.

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Annexure F
GOI Procurement Policies

1) MSE related points:


a) As mentioned in Section 7(4) of Ministry of MSME's Notification No. S.O2119(E)
dated 26th June, 2020, an enterprise registered with any other organization under
the Ministry of MSME shall register itself under Udyam Registration. With effect
from 01.07.2020, MSEs registered under Udyam Registration are eligible to avail
the benefits under the Policy.
b) To reduce transaction cost of doing business, MSEs will be facilitated by providing
them tender sets free of cost, exempting MSEs from payment of earnest money
deposit, adopting e-procurement to bring in transparency in tendering process.
However, exemption from paying of Performance Bank Guarantee is not covered
under the policy.
c) Policy is meant for procurement of only goods produced and services rendered by
MSEs. However, traders/ distributors/ sole agent/ Works Contract are excluded
from the purview of Public Procurement Policy for MSEs Order,2012
d) In case of tender item cannot be split or divided, etc. the MSE quoting a price within
the band L1+15% may be awarded for full/ complete supply of total tendered value
to MSE, considering the spirit of the Policy for enhancing Govt. Procurement from
MSEs.

2) MII related points:


a) 'Class-I local supplier' means a supplier or service provider, whose goods, services
or works offered for procurement, has local content more than or equal to 50% as
defined under this Policy.
b) 'Class-II local supplier' means a supplier or service provider, whose goods,
services or works offered for procurement, has local content more than or equal to
20% but less than 50%, as defined under this Policy.
c) 'Non-local supplier' means a supplier or service provider, whose goods, services
or works offered for procurement, has local content less than 20%, as defined
under this Policy.
d) The margin of purchase preference shall be 20%.
e) The bidder shall provide the percentage of local content in their offer as per for
format provided in the tender (Format H1/ H2).
f) For all local tenders, Class-I local supplier and Class-II local supplier shall be
eligible to bid irrespective of purchase value, but preference to be given as per
PPP-MII to the Class-I

3) The applicability of PPP-MSE Order and PPP-MII Order in various scenarios, involving
simultaneous purchase preference to MSEs and Class-1 local suppliers under PPP-
MSE Order and PPP-MII Order respectively, shall be as DOE circular dated 18.5.23

4) Relaxation of norms for startups and micro & small enterprises on prior experience
and prior turnover criteria

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a) Criteria of prior experience and Turnover may be relaxed by 15% for MSEs subject
to meeting the quality and technical specification of the of the tendered items and
where tendered items/ services are not Critical in nature.
b) No turnover and prior experience criteria with respect to start-up shall be
considered subject to meeting the quality and technical specification of the
tendered items and where tendered items I services are not critical in nature.

5) For further / latest details on Procurement Policies, website of respective GOI


departments may be visited;
a) Public Procurement Policy for Micro & Small Enterprises-2012.
b) Relaxation of Norms for Startups and Micro & Small Enterprises-2016
c) Purchase Preference (linked with local content) 2017 (PP-LC)
d) Domestically Manufactured Electronic Products (DMEP)
e) Domestically Manufactured Iron & Steel Products-2017.

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Annexure K

MSE bidder details

Are you an MSE bidder? YES /NO

If YES, kindly fill the following details

Name of the bidder

Udyam Registration No

MSE category (select the  MSE – General


appropriate category)  MSE – Reserved (SC/ST)
 MSE - Women General
 MSE- Women Reserved(SC/ST)

MSE classification (select the  Micro


appropriate classification)  Small
 Others

Area of specialization (brief details of nature of service provided by you / fields where
you have expertise)

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Annexure L
Tender no. : CPCLV24177

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