T13MC13001

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OIL AND NATURAL GAS CORPORATION LTD,MATERIAL MANAGEMENT DEPARTMENT

TRIPURA ASSETAGARTALA

BID DOCUMENT(OPEN TENDER INDIGENOUS UNDER TWO BID SYSTEM )

FORPROCURMENT OF SPECIFIC INDIGENOUS CHEMICALS

TENDER NO. T13MC13001

DATE AND TIME OF TENDER CLOSING : 09.07.2013 AT 14.00 HRS.DATE AND TIME OF TENDER OPENING : 09.07.2013 AT 15.00 HRS.

Office of DGM – I/c MM.Materials Management Deptt.

Tripura Asset , Badarghat Base Complex.Agartala -799 014

State -Tripura

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Index

Sl No. Description Page No.1. Invitation to Bid2. Annexure-I: Instructions To Bidders3. Annexure-II: General Terms of Contract4. Annexure- III: Description of Material

and Technical Specification , Packingand Marking.

5. Annexure-III ( A) . Standard Procedure ofSampling / Bonding of Chemicals.

6. Annexure-IV : Bid Evaluation Criteria

7. Annexure-IV (A): Bid Matrix.8. Annexure-V : Undertakings9. Annexure-VI : Declaration

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No. AGT/MM/CHEST/MC-04/12-13 Date:

To………………………………… . ………………………………… . ………………………………… .

INVITATION TO BID(TWO BID SYSTEM)

Dear Sirs,

Sealed Tenders in triplicate are invited for the supply of Stores in the prescribedBid Forms as per “Instructions to Bidders & General terms and conditions ” atAnnexure-I and Annexure-II, Technical specifications at Annexure-III, BidEvaluation Criteria at Annexure-IV, Bid Matrix at Annexure-IV (A), Price Bidformat at Appendix-9 and Undertakings & Declaration at Annexure- V to VI.

1.The details of the tender are given below:-

1.Tender No. T13MC13001 2. Description of Stores

& Qty.

Specific Indigenous Chemicals as per technical

specifications at Annexure- III. Qty as per Price Format atApendix-9.

3. Delivery Period Within 60 days from the date of fax NOA. ( Notification ofAward). However , the date of offering the material forsampling bonding shall be considered as date if deliveryprovided the material ( s) passes (pass) the inspection.

4.Tender sale period From 07.06.2013 to 28.06.20135. Tender Fee Rs 500/- ( Rupees Five Hundred only)6. Date and time oftender closing

09.07.2013 at 14.00 Hrs.

7. Date and time of

tender opening

09.07.2013 at 15.00 Hrs.

8. Bid validity 90 days from the date of opening of techno-commercialbid.

9. Earnest MoneyDeposit / Bid Security.

Total amount of EMD /Bid security = Rs 1,50,245/-( Rupees One Lakh Fifty Thousand Two Hundred FortyFive only) .Item wise EMD is mentioned at BEC Clause No.B.2.6.

ǕÉ Ĥ Ȳ ȡ ĒȢ Ĥ Ȳ ȡ ȡ OFFICE OF THE CHIEF MANAGER (MM)ȡ ĒȢ Ĥ Ȳ ǒ ȡ MATERIALS MANAGEMENT DEPARTMENT

h fÖ ȯǕ Ȱ Ȩ Ȫ ȯ Ǔ Ǔ ȯ OIL & NATURAL GAS CORPORATION LIMITED

ǒğ Ǖȡ ǐ à ǒƣ ȡ \ ȡ -IKKBCF TRIPURA ASSET, AGARTALA – 799014

FAX 0381 – 2374288/2231681 TEL. 0381 – 2378592

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10. Validity of Bid Bondtowards EMD

120 days from the date of opening of techno-commercialbid.

11. Value ofPerformance BankGuarantee and validity

7.5% of order value and the same shall be kept valid for 60days beyond the delivery completion date.

12. Place ofsubmission of Tender

In the Office of DGM(MM) , In – Charge MM , MMDepartment , ONGC , Tripura Asset , Badharghat BaseComplex , Agartala – 799 014 ( Tripura ) during officehours.

13. CorrespondenceAddress

DGM(MM),In – Charge MM, MM Department, ONGC,Tripura Asset, Badarghat Base Complex, Agartala – 799014 (Tripura)Fax No. 0381 -2374288 , Phone No. 0381-2378595/

2231681.14.Price Bid opening The date of opening of price bid shall be intimated to the

techno- commercially short listed bidder.15. Tender ReceivingOfficer

1.Shri Sudip Dey, AMMO2. Shri Kusum Debnath, DM(MM), (Leave Reserved officer)

2. Non – Transferable bidding document can be purchased from the Office ofthe DGM(MM), In-charge MM, MM Department , ONGC , Tripura Asset ,Badarghat , Base complex , Agartala -799 014 ( Tripura ) between 14.00 hrs to 16.00 hrs on any working day from 07.06.2013 to 28.06.2013 againstpayment of requisite tender fee for Rs 500/ - ( Rupees Five Hundred only) in theform of crossed IPO/ account payee Bank Draft / Cashier ’s Cheque / Banker ’sCheque drawn on any Nationalized / Scheduled Bank valid for 180 days fromthe date of issue . The tender fee should be made in favour of Oil and Natural

Gas Corporation Ltd payable at Agartala along with a request letter for thepurchase / issue of Tender document. The request letter should be on theletter head of the firm in whose name the tender is to be purchased along withphone no. , fax no , e-mail id.

No tender document will be sold after the closing date and time.

Bidders may also download the Tender Document within the period specifiedfor sale of tender document and use the same in participating in the tender .But, the bidders downloading the tender document from the website shouldensure to submit the tender fee along with the application containg

details such as phone no, fax no , e-mail id so as to reach this tenderinviting office before the deadline specified for the tender sale , whichwill be acknowledged by ONGC by issuing “ Request for Quotation (RFQ )“ number specific to the tender to the bidder through Fax/ e-mail.

3. Firm registered with NSIC will be exempted from payment of tender feeirrespective of the monetary limit mentioned in their registration certificate

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provided they furnish evidence that they are registered for the items theyintend to quote.

Micro and Small Enterprises (MSEs) registered with District Industry Centersor Khadi and Village Industries Commission or Khadi and Village IndustriesBoard or Coir Board or National Small Industries Corporation or Directorate ofHandicrafts and Handloom or any other body specified by Ministry of MSMEwill be exempted from payment of tender fee irrespective of the monetarylimit mentioned in their registration certificate provided they furnish evidencethat they are registered for the items they intend to quote.The Govt. Deptts. will also be exempted from the payment of tender fee.

3.1 The firms registered with ONGC will be exempted from payment ofearnest money / bid security or in lieu thereof for furnishing of bid bondmoney irrespective of monetary limit mentioned in their registrationcertificate provided they submit evidence that they are registered for theitem(s) they intend to quoteMSEs registered with District Industry Centers or Khadi and VillageIndustries Commission or Khadi and Village Industries Board or Coir Boardor National Small Industries Corporation or Directorate of Handicrafts and

Handloom or any other body specified by Ministry of MSME will beexempted from furnishing bid bond / bid security / earnest moneyirrespective of monetary limit mentioned in their registration certificateprovided they submit evidence that they are registered for the item(s) theyintend to quote.

Central Govt. Departments and Central Public Sector Undertakings are alsoexempted from submission of bid bond/ bid security / earnest money.

4. Bid Matrix for Techno Commercial Evaluation enclosed at Annexure- IV (A)should be filled in and submitted along with the Bid.

5. Bidder should note that they should meet all the terms and conditions of thetender including BEC. Bidder should submit the original bid document dulysigned on each pages of the bid document. Bidder should note that merely bythe fact that they are eligible for participation in tender does not make themtechno commercially acceptable.

6. In case of any unscheduled holiday on prescribed closing/opening date, thenext working day will be prescribed date for closing / opening of tender.

7. Offers not accompanied with prescribed Bid Bond/ EMD will be ignoredstraightway.

8. ONGC can accept or reject any or all the bids without assigning any reasonwhatsoever.

Yours faithfully,

(K.S. Munda)For DGM (MM)- I/C MM,

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Tripura Asset, Agartala

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ANNEXURE-I

INSTRUCTIONS TO BIDDERS

A: INTRODUCTION

1. ELIGIBLE BIDDERS

1.1 The bid should be from actual manufacturers.

1.2 The bids from sole selling agents/authorised distributors/ authoriseddealers/authorised supply houses can also be considered, provided suchbids are accompanied with back-up authority letter from the concernedmanufacturers who authorised them to market their product, provided furtherthat such an authority letter is valid at the time of bid opening. Offers withoutback-up authority from manufacturer will not be considered. Requiredwarranty cover of the manufacturers for the product will be provided bysuch supplier.

1.3 Bidders should not be associated, or have been associated in the past,directly or indirectly, with a firm or any of its affiliates which have beenengaged by the Purchaser to provide consulting services for the preparationof the design, specifications and other documents to be used for procurementof the goods to be purchased under this Invitation for Bids.

1.4 Provision deleted vide BL/02/46 dated 03.05.2010

2.0 TENDER FEE

(BL/02/58 dated 05.10.2012)

2.1 The offer will not be considered without tender fee. However, MSEs(and not their dealers/distributors) registered with District Industry Centers orKhadi and Village Industries Commission or Khadi and Village Industries Board

or Coir Board or National Small Industries Corporation or Directorate ofHandicrafts and Handloom or any other body specified by Ministry of MSME areexempted from payment of tender fee for the items they are registered withDistrict Industry Centers or Khadi and Village Industries Commission or Khadiand Village Industries Board or Coir Board or National Small IndustriesCorporation or Directorate of Handicrafts and Handloom or any other body

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Appendix 2 : Bid submission proformaAppendix 3 : Bid submission Agreement proforma.Appendix 4 : Bid Bond Bank Guarantee proformaAppendix 5 : Check List.Appendix 6 : Deleted. Appendix 7 : Proforma of Bidder's past suppliesAppendix 8 : Proforma of Information on BidderAppendix 9 : Proforma of Price Schedule.Appendix 10 : Proforma of Authorisation Letter for attending

Tender OpeningAppendix 11 : Proforma of Certificate on Relatives of DirectorsAppendix 11A : Extract of Section 297/299 of the Companies Act,

1956

ANNEXURE II : General Conditions of Contract (GCC) with followingappendices.

Appendix 1 : Proforma of Performance Bond Bank Guarantee.

Appendix 2 : Proforma for intimation regarding readinessof materials for stage/final inspection.

ANNEXURE III : Description of Materials and Technical Specifications

ANNEXURE IV : Bid Evaluation Criteria.

6.2 The Bidder is expected to examine all instructions, forms, terms andspecifications in the bidding documents. Failure to furnish all information requiredby the bidding documents or submission of bid not substantially responsive to thebidding documents in every respect will be at the Bidder's risk and may result in

the rejection of its bid without seeking any clarifications.

7. AMENDMENT TO BIDDING DOCUMENTS

7.1 At any time prior to the deadline for submission of bids, the Purchasermay, for any reason, whether at its own initiative or in response to clarification(s)requested by the prospective Bidder(s), modify the bidding documents byamendment(s).

7.2 All prospective Bidders that have received the bidding documents will benotified of the amendments in writing or by cable.

7.3 In order to allow prospective Bidders reasonable time in which to take theamendments into account in preparing their bids, the Purchaser may, at itsdiscretion, extend the deadline for the submission of bids.

C. PREPARATION OF BIDS

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8. LANGUAGE AND SIGNING OF BID

8.1 The bid prepared by the bidder and all correspondence and documentsrelating to the bid exchanged by the Bidder and the Purchaser, shall be written inEnglish language. Supporting documents and printed literature furnished by theBidder may be in another language provided they are accompanied by an

accurate translation of the relevant passages in English, in which case, forpurposes of interpretation of the bid, the translation shall prevail.

8.2 Bids shall be submitted in the prescribed bid proforma as per appendices1 to 11 of Annexure-I. The prescribed proforma at Appendices of Annexure I,duly filled in and signed should be returned intact whether quoting for any item ornot. When items are not being tendered for, the corresponding space should bedefaced by some such words as "Not Quoting".

8.3 In the event of the space on the bid proforma being insufficient for therequired purpose, additional pages may be added. Each such additional page

must be numbered consecutively, showing the tender number and duly signed. Insuch cases reference to the additional page(s) must be made in the bid.

8.4 The bid proforma referred to above, if not returned or if returned but notduly filled in will be liable to result in rejection of the bid.

8.5 The Bidders are advised in their own interest to ensure that all the pointsbrought out in the check list enclosed at appendix 5 are complied with in their bidfailing which the offer is liable to be rejected.

8.6 The bids can only be submitted in the name of the Bidder in whose name

the bid documents were issued by ONGC. The bid papers, duly filled in andcomplete in all respects shall be submitted together with requisiteinformation and Annexures/Appendices. It shall be complete and free fromambiguity, change or interlineations.

8.7 The bidder should indicate at the time of quoting against this tender theirfull postal and telegraphic/telex addresses and also similar information in respectof their authorised agents, if any.

8.8 The Bidder shall sign its bid with the exact name of the firm to whom thecontract is to be issued. The bid shall be duly signed and sealed by an executive

officer of the Bidder's organisation. Each bid shall be signed by a duly authorisedofficer and in the case of a Corporation the same shall be sealed with thecorporation seal or otherwise appropriately executed under seal.

8.9 The bidder shall clearly indicate their legal constitution and the personsigning the bid shall state his capacity and also source of his ability to bind theBidder.

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8.10 The power of attorney or authorisation, or any other document consistingof adequate proof of the ability of the signatory to bind the bidder, shall beannexed to the bid. ONGC may reject outright any bid not supported byadequate proof of the signatory's authority (Part provision deleted vide BL/02/14dated 4.7.03)

8.11 The Bidder, in each tender for procurement of goods, will have to give acertificate in its offer, that the terms and conditions (Annexure I and II), as laiddown in this model bidding document booklet no. ONGC/MM/02 are acceptableto it in toto.

8.12 Any interlineations, erasures or overwriting shall be valid only if they areinitialled by the person or persons signing the bid.

(BL/02/38 dated 12.08.2009)

8.13 The original bid should be signed manually by the authorised signatory(ies)of the bidder. The complete bid including the prices must be written by thebidders in indelible ink. Bids and/or prices written in pencil will be rejected.

(BL/02/41 dated 02.12.2009 )9.0 COMPLIANCE WITH THE REQUIREMENTS OF BID EVALUATIONCRITERIA (BEC) AND ALL OTHER TENDER CONDITIONS:

9.1 Advice to bidders for avoiding rejection of their offers:

ONGC has to finalise its purchase within a limited time schedule. Therefore, it

may not be feasible for ONGC to seek clarifications in respect of incompleteoffers.

Prospective bidders are advised to ensure that their bids are complete in allrespects and conform to ONGC ’s terms, conditions and bid evaluation criteria ofthe tender, for avoiding rejection of their offers.

9.2 Submission of ‘ Bid Matrix ’ duly filled -in, to re-confirm compliance withtender requirements :

Bidders should submit the ‘Bid Matrix ’ (as enclosed with the bid document) dulyfilled-in, so as to re-confirm compliance with each of the requirements of BECand other important conditions of the tender. Each such confirmation should beclearly stated in the ‘Bid Matrix ’ indicating “Confirmed ” or “Not Confirmed ”, asapplicable. Further, against each such confirmation, bidders should also indicatethe reference/location (page No. / Annexure etc.) of the respectivedetail(s)/document(s) enclosed in the bid, so as to easily locate the same in biddocument. Each entry in the ‘Bid Matrix ’ must be filled -in in indelible ink (entries

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written in pencil will be ignored). Further, each page of the ‘Bid Matrix ’ and thecorrections/overwriting/erasures (if any) should be signed manually by the person(or, persons) signing the bid.

Bidders are advised to ensure submission of the ‘Bid Matrix ’, duly filled -in as perabove requirements, for avoiding rejection of their offers.

9.3 Pre-bid conference – NOT APPLICABLE

10.0 DOCUMENTS COMPRISING THE BID

10.1 The bid prepared by the Bidder shall comprise of the followingcomponents, duly completed:

a) Price schedule.

b) Documentary evidence establishing that the Bidder is eligible to bid

and is qualified to perform the contract if its bid is accepted. Thedocumentary evidence of the Bidder's qualifications to perform theContract if its bid is accepted, shall establish to the Purchaser'ssatisfaction:

(i) that, in the case of a Bidder offering to supply goods under thecontract which the Bidder did not manufacture or otherwise produce,the Bidder has been duly authorised by the good's Manufacturer orproducer to supply the goods in India;

(ii) that the Bidder has the financial, technical and production

capability necessary to perform the Contract;

(iii) (Provision deleted vide MM/02/01 dated 19.6.2000)

(iv) that the Bidder meets the qualification criteria listed in the BidData Sheet.

c) Documentary evidence that the goods and ancillary services to besupplied by the Bidder are eligible goods and services and conform to therequirements of bidding documents.

(i) The documentary evidence of the eligibility of the goods and servicesshall consist of a statement in the price schedule on the country of originof the goods and services offered which shall be confirmed by certificateof origin from the concerned Chamber of Commerce at the time ofshipment.

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(ii) The documentary evidence of conformity of the goods and services tothe bidding documents may be in the form of literature, drawings and dataand shall consist of:

1) A detailed description of essential technical and performancecharacteristics of the goods.

2) A list giving full particulars including available sources and currentprices of spare-parts, special tool etc. necessary for the proper andcontinuing functioning of the goods for a period of one year.

3) An item by item commentary on the Purchaser's Technical Specificationsdemonstrating substantial responsiveness of the goods and services to thosespecifications, or a statement of deviations and explanation to theprovisions of the technical specifications.

d) Bid security.

e) (Provision deleted vide BL/02/12 dated 2.5.03)f) Bid must accompany necessary literature/catalogue of the equipment as

well as of the spare parts catalogue thereof failing which the bid will berejected.

g) Bidding Document Acknowledgement Form

h) Bid Submission Form

i) Bid submission Agreement Form.

j) Check List.

k) Exceptions/Deviations Form

l) Bidder's past supplies Form

m) Form on Information on Bidder

n) Authorisation letter for Tender Opening

o) Certificate on Relatives of Directors.

p) Back-up Authority Letter alongwith warranty cover of manufacturerin case the bid is from sole selling agent/ authorised distributor/ authorised dealer/authorised supply house.

(BL/02/59 dated 23.01.2013)

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q) Integrity Pact(IP) (applicable for tenders above Rs 1 crore)- NOTAPPLICABLE.(BL/02/32 dated 05.08.2008)

r) Bidders should submit copy of valid registration certificate under the VAT/SalesTax rules. Further, wherever the scope of supply involves rendering of anytaxable service alongwith supply of goods/materials, the Bidder should submitcopy of a valid registration certificate issued by concerned authorities of ServiceTax department. In case the registration certificate for the quoted category ofservice is not available at the time of submission of offer, an undertaking shouldbe furnished for submission of copy of requisite service tax registration certificatealongwith the first invoice submitted for payment against the purchase order.

(BL/02/33 dated 05.12.2008)

s) The bidder should submit a declaration to the effect that neither the bidder

themselves, nor any of its allied concerns, partners or associates or directors orproprietors involved in any capacity, are currently serving any banning ordersissued by ONGC debarring them from carrying on business dealings with ONGC.

11.0 PRICE SCHEDULE

11.1 The Bidder shall complete the appropriate price schedule furnishedin the bidding document, indicating the goods to be supplied, a briefdescription of the goods, their country of origin, quantity and prices.

11.2 Bid Prices

11.2.1 The bidders shall indicate on the appropriate price schedule the netunit prices (wherever applicable) and total bid prices of the goods theypropose to supply under the contract. Packing and delivery charges shouldbe shown separately.

11.2.2 Indian Bidders must quote firm FOR destination price by rail or road.

(BL /02/01 dated 19.6.2000)

11.2.3 The terms ex- works, FOR destination etc. shall be governed by the

rules prescribed in the current edition of INCOTERMS published by theInternational Chamber of Commerce, Paris.

11.2.4 Prices quoted by the bidder shall be firm during the bidder'sperformance of the contract and not subject to variation on any account.

11.2.5 Offer for whole as well as reduced quantity.

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(BL/02/20 dated 11.8.04)

Bidders must quote for the full quantity of goods for each of thetendered item or category or group, in case the Bid Evaluation Criteria stipulatedby ONGC provides for evaluation of bids separately for such item or category orgroup of items.

Bidders can however quote for part quantity of the tendered item /category /group, if the Bid Evaluation Criteria specifically provides for doing so. In suchevent, the bidders can send EMD/ Bid security according to the quantity offered,(not exceeding the EMD/ Bid bond/ Bid security specified for entire tender).Theamount of EMD/ Bid bond for part quantity must be as indicated in Bid EvaluationCriteria.

(BL/02/50 dated 13.07.2010)

11. 3 Payment of Excise Duty and VAT/Sales Tax (on ultimate products) andCustoms Duty (for Indian Bidders) and payment of Service Tax on taxableservices.

11.3.1 Payment of Excise Duty, VAT/Sales Tax (on ultimate products),Customs Duty (for Indian Bidders) and Service Tax (on taxable services, if any,which is part of scope of supply), as applicable on the closing date of tender willbe to SUPPLIER's / Contractor's account. In the case of "Two Bid" system whererevised price bids are permitted after techno-commercial discussions, paymentof these charges, as applicable on closing day of revised price bid, will be toSUPPLIER's/ Contractor's account.

In the event of introduction of any new legislation or any change or amendmentor enforcement of any Act or Law, rules or regulations of Government of India orState Government or Public Body which becomes effective after the date ofsubmission of Price Bid/revised priced bid, as the case may be, as indicatedabove, but within the contractual delivery/completion period, the ‘net impact ’ ofany variation (both plus and minus) in the value of supply order / contractthrough increased / decreased liability of taxes/duties (i.e. the amount oftaxes/duties payable minus eligible credit of taxes / duties paid on inputs / inputservices) will be to the account of ONGC.

The bidder(s) will indicate separately in their bid the amount with exact rate ofCustoms Duty and the applicable item of customs tariff under which it iscovered. Similarly the amount of Excise Duty and VAT/Sales Tax on ultimatefinished product, as applicable at bidding stage, will be shown separately in thebid.

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Wherever the scope of supply involves rendering of any service alongwith supplyof goods/materials, then bidder shall quote separate break-up for cost of goodsand cost of services and accordingly quote Service Tax as applicable for thetaxable services covered under scope of supply, clearly indicating the rate andthe amount of Service Tax included in the bid and the classification of therespective service (as per Service Tax rules) under which the Service Tax ispayable.

In case, the above information subsequently proves wrong, incorrect ormisleading:-

a) ONGC will have no liability to reimburse the difference in the duty/tax, if thefinally assessed amount is on the higher side.

b) ONGC will have the right to recover the difference in case the rate ofduty/tax finally assessed is on the lower side.

Any increase in ‘net impact ’ of any variation in Excise Duty/VAT/SalesTax/Customs Duty/Service Tax or introduction of any new taxes/duties/levy bythe Govt. of India or State Government(s) or Public Body, during extended periodof the contract / supply order will be to SUPPLIER's / Contractor's account wheresuch an extension in delivery of the material / completion of the project is due tothe delay attributable to the SUPPLIER/ Contractor. However, any decrease in‘net impact ’ of any variation in Excise Duty / VAT / Sales Tax / Custom Duty / Service Tax during extended period of the contract/ supply order will be to theaccount of ONGC.

11.4 DISCOUNT

Bidders are advised not to indicate any separate discount. Discount, if any,should be merged with the quoted prices. Discount of any type, indicatedseparately, will not be taken into account for evaluation purpose. However, in theevent of such an offer, without considering discount, is found to be lowest, ONGCshall avail such discount at the time of award of contract.

(BL/02/32 dated 05.08.2008)

11.5 CONCESSIONS PERMISSIBLE UNDER STATUTES

Bidder, while quoting against this tender, must take cognizance of all

concessions permissible under the statutes including the benefit under CentralSale Tax Act, 1956, failing which it will have to bear extra cost where Bidderdoes not avail exemptions/concessional rates of levies like customs duty,excise duty, VAT/sales tax, service tax etc. ONGC will not take responsibilitytowards this. However, ONGC may provide necessary assistance, whereverpossible, in this regard.

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Bidders must also consider benefits of CENVAT credit under the CENVAT CreditRules 2008 as amended from time to time, for excise duty, service tax etc againsttheir Input materials/Services, while quoting the prices. Similarly, the benefits ofinput VAT credit against their Input materials, under the relevant VAT Act of theState, should also be duly considered by the Bidders while quoting the prices.

11.5 (b) Undertaking to provide necessary documents, for enabling ONGC toavail Input VAT credit and CENVAT credit benefits (wherever applicable)

Further, the Bidders shall undertake to provide all the necessary certificates / documents for enabling ONGC to avail Input VAT credit and CENVAT creditbenefits (wherever applicable), in respect of the payments of VAT, Excise Duty,Service Tax etc. which are payable against the contract (if awarded). TheSupplier should provide tax invoice issued under Central Excise rule-11(indicating education cess and Secondary & Higher Education Cess) for ExciseDuty and tax invoice under respective State VAT Act for VATseparately for theindigenous goods and tax invoice issued under rule-4A of Service Tax for the

Services (if any form part of supply).

11.6 INCOME TAX LIABILITY

The bidder will have to bear all Income Tax liability both corporate and personaltax.

12.0 TERMS OF PAYMENT

12.1 100% payment subject to prior satisfactory inspection and proof of despatchprovided conditions laid down vide subparas (a) to (c) below are fulfilled:-

(BL/02/46 dated 03.05.2010)

(a) For all orders (including development orders) exceeding Rs.1.00lakh, security deposit/performance bond @ 7.5% of the value oforder in all cases with the exception of contracts for Turnkeyconstruction and platforms etc. for which securitydeposit/performance bond @ 10% of the value of the order hasbeen furnished.

(b) The goods have been insured by Supplier for losses, damages,

breakages and shortages during transit at Supplier's cost andinsurance cover in the name of ONGC sent alongwith documents.(c) Documents are negotiated through State Bank of India.

(BL/02/42 dated 13.01.2010)

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If transaction is taking locally and documents are not negotiated throughBank for payment, the payment against clear (undisputed) bills/invoicessubmitted by the vendor will be made by ONGC through ElectronicPayment Mechanism (as per details mentioned in the clause below),within 21 (twenty one) calendar days from the date of submission ofbills/invoices complete in all respects.

(BL/02/27 dated 28.02.2008)

12.2 MODE OF PAYMENT:

In all cases, except the cases involving payment through ‘Letter of Credit ’ orpayment in Foreign currency, ONGC shall make payments only throughElectronic Payment mechanism (viz. NEFT/RTGS /ECS). Bidders shouldinvariably provide the following particulars alongwith their offers:

1. Name & Complete Address of the Supplier / Contractor as per Bank records.

2. Name & Complete Address of the Bank with Branch details.3. Type of Bank account (Current / Savings/Cash Credit).4. Bank Account Number (indicate ‘Core Bank Account Number ’, if any).5. IFSC / NEFTCode (11 digit code) / MICR code, as applicable, alongwith a

cancelled cheque leaf.6. Permanent Account Number (PAN) under Income Tax Act;7. TIN/Sales Tax Registration Number (for supply of Goods) and Service Tax

Registration Number (for supply of Services), as applicable.8. e-mail address of the vendor / authorized official (for receiving the updates on

status of payments). ”

(BL/02/28 dated 29.02.2008)9. Confirmation as to whether the bidder belong to the category of Micro, Small

and Medium Enterprises as defined in the “Micro, Small and MediumEnterprises Development Act, 2006 (MSMEDA) ”. If yes, specify the categoryof Micro, Small or Medium Enterprises and whether the enterprise is inmanufacturing or service industry, alongwith valid documentary evidence.

For receiving payment through NEFT / RTGS, the bank/branch in which thebidder is having account and intends to have the payment should be either anNEFT enabled bank or SBI branch with core banking facility.

(BL/02/47 dated 25.05.2010)

13.0 CONCESSIONAL RATE OF CUSTOMS DUTY/EXCISE DUTY/ SALESTAX

13.1 In terms of Notification No.21/2002-cus dated 01.03.2002 (as amendedfrom time to time), imports of the items specified in List 12 of the Notification arefully exempted from payment of Customs Duty subject to conditions specifiedtherein. However, this is subject to change as per government guideline and the

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provisions ruling at the time of bid (price bid in case of 2 bid system) opening willbe applicable.

13.2 Deleted vide BL/02/47 dated 25.05.2010.

13.3 Also in terms of Notification No. 21/2002-cus dated 01.03.2002 (asamended from time to time), imports of raw materials and components, fallingunder First Schedule to the Customs Tariff Act, 1975 for manufacturing in bondof goods for supplies to offshore oil exploration and offshore oil exploitation,are exempted from payment of whole of the duty of customs leviable thereon.However, this is subject to change as per government guideline and theprovisions ruling at the time of opening of bid (price bid in case of 2 bid system)will be applicable.

13.4 Deleted vide BL/02/47 dated 25.05.2010.

13.5 ONGC is registered under the Central Sale Tax Act and is entitled to avail

concessional rate of Central Sales tax against form `C' in respect of inter-statepurchases.

13.6 As the above statutory provisions are frequently reviewed by the Govt., thebidders are advised to check the latest position in their own interest and ONGCwill not bear any responsibilities for any incorrect assessment of the statutorylevies by any bidder.

(BL/02/15 dated 15.7.03)

13.7 No sales tax will be paid on the Excise Duty component of the sale pricewhere Excise Duty is to be refunded to the Supplier / Manufacturer underDeemed Export Benefit Scheme.

Note: These provisions are incorporated pursuant to the judgement proclaimedby honourable Supreme Court in Commissioner of Sales Tax, UP VsIndian Aluminium Cables Ltd., (1999)8 Supreme Court Cases 586

14.0 CAPITAL ITEMS AND SPARES THEREFOR

The bidders, while quoting for equipment, will quote item wise separately forspares alongwith price for initial lot of spares for operation of the equipment forone/two years.

15. SAMPLES

Samples are not required unless specifically called for. When called for, eachsample should have a card affixed with it and sealed indicating:-

(a) Bidder's Name and Address.

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(b) Tender No.

(c) Date of opening of tender.

(d) Item No. against which tendered.

(e) Any other description.

15.2 The Bid Evaluation Criteria at Annexure IV specifies the criteria forevaluation of samples, wherever called for.

15.3 The samples should be sent to the purchasing authority alongwiththe offer. The cost and freight of sending the samples shall be borne by theBidder and there will be no obligation on the part of receiving officer for theirsafe custody. Samples received late will be ignored. If the samples are sentby Rail Parcel, the Railway Receipt (R/R) should be posted separately to theaddressee to whom the samples are sent (under covering letter giving theparticulars of tender number and due date) well in advance to enable theaddressee to get the parcel released before the date of opening of the tender.The R/R should not be sent alongwith the offer. Sample submitted with thetenders which have not been accepted, will, if have not been destroyed duringtesting, be delivered at the Bidder's cost provided the application for return ismade to the officer to whom the samples are sent within one month of the datefixed for the opening of tender or after modification/cancellation of demand.ONGC will not be liable for loss, damage or breakage in respect of the samples.If no application is received within the due date, samples will be disposed off bypublic auction and the sale proceeds credited to ONGC.

15.4. In the case of chemicals and items such as Oil Well Cement of thespecifications of International standards like API, the Bidder should submitalongwith their offer a report, obtained from an independent testing laboratory ofrepute, with regard to various parameters in accordance with the API standardor in accordance with other parameters specified in the tender enquiry. Suchtest report would be sent for a sample out of the recent lot of such materialsproduced by the Mill whose product is being offered. The bidder would alsoconfirm that in the event of placement of order, the materials to be suppliedwould be identical to the materials for which test report is furnished and in theevent there is any variation observed by a third party/Purchaser, at the time oftesting at manufacturer's works prior to shipment or after receipt of materials at

site then the complete lot would stand rejected.

16.0 SPECIFICATIONS

In case in tender ONGC asks for "Maker's Design" or alternative specifications,the Bidder will clearly indicate as to how the material being offered will serve

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ONGC's purpose and in what respect the offer differs from the requiredspecifications.

17.0 NAME OF MANUFACTURER AND CERTIFICATE OF ORIGIN

The name of the manufacturer and country of origin should be clearly mentioned

in the offer. In case of acceptance of his offer the Bidder shall have to furnish acertificate of origin from the concerned Chamber of Commerce of the exportingcountry along with negotiable shipping documents.

18. OFFERS FROM INDIGENOUS MANUFACTURERS.

Indigenous manufacturers quoting against this tender should clearly indicate:-

i) If the product offered is to be manufactured as per indigenous know-how/design or under concluded collaboration. In case of collaborationthe name of collaborator should be indicated.

ii) Details of manufacturing and testing facilities and quality controlprocedures available with them.

iii) Number of qualified persons and total employees etc.

iv) Details of latest Income Tax Clearance

v) Sales Tax Registration.

19.0 DELIVERY TERMS:

19.1 The delivery of the stores is required as stated at "Invitation for Bid".Any deviation must be clearly mentioned.

20.0 VAGUE AND INDEFINITE EXPRESSIONS

20.1 Bids qualified by vague and indefinite expressions such as "Subject toprior sale" etc. will not be considered.

21. CATALOGUE/LITERATURE OF THE EQUIPMENT AND SPAREPARTS.

21.1 Bid must accompany necessary literature/catalogue of the equipmentas well as the spares parts catalogue thereof failing which the offer will be

rejected.

22.0 PERIOD OF VALIDITY OF BIDS

22.1 The Bid shall be valid for acceptance for the period as indicated in the"Invitation for Bid" (hereinafter referred to as validity period) and shall not be

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withdrawn on or after the opening of bids till the expiration of the validityperiod or any extension agreed thereof.

22.2 The Bidder will undertake not to vary/modify the bid during the validityperiod or any extension agreed thereof.

23.0 BID SECURITY

23.1 The Bid Security is required to protect the purchaser against therisk of Bidder's conduct which would warrant the security's forfeiture inpursuance to clause 23.8.

(BL/02/58 dated 05.10.2012)

23.2 Central Government Departments and Central Public SectorUndertakings are exempted from payment of Bid Security. MSEs units (andnot their dealers/distributors) which are themselves registered with District

Industry Centers or Khadi and Village Industries Commission or Khadi andVillage Industries Board or Coir Board or National Small Industries Corporation orDirectorate of Handicrafts and Handloom or any other body specified by Ministryof MSME are also exempted from payment of Bid Security irrespective ofmonetary limit mentioned in their registration certificate provided they areregistered for the items they intend to quote. Firms registered with ONGCare also exempted from payment of Bid Security for purchases exceedingRs.1.00 lakh only against limited tenders in normal tender procedure (presentmonetary limit for inviting limited tenders is Rs 25.00 lakhs) provided suchfirms are registered for the item (s) they intend to quote and they enclosewith their offer a copy of latest and current registration certificate..

23.3 Firms registered with ONGC under Indigenisation Programme will notqualify for exemptions from payment of the Bid Security.

23.4 The Bidders not covered under Para 23.2 above must enclose with theiroffer ( in case of two bid system, with techno-commercial bid) bid security.The amount for bid security has been indicated at Sl. No. 8 of "Invitation ForBid" (to be supplied separately with each tender).

23.5 The Bid Security shall be acceptable in any of the following forms:i) Bank Draft in favour of ONGC valid for 180 days from its date

of issue.

(BL/02/35 dated 06.03.2009)

ii) Bank Guarantee in the prescribed format as per Appendix 4 of

Annexure-I, valid for 30 days beyond the date of required

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validity of offer. The bank guarantee by Indian bidder will have to

be given from the Nationalized/Scheduled banks only, on non-

judicial stamp paper / franking receipt as per stamp duty

applicable at the place from where the bid has emanated.

The non-judicial stamp paper / franking receipt should be either

in the name of the issuing bank or the bidder. The Foreign

bidder will give Bank Guarantee from an Indian bank situated in

their city. In case no Indian Bank is situated in the foreign

bidder's city, then bank guarantee from foreign bank acceptable

to ONGC, either situated in bidder ’s country or in India (list of

acceptable Foreign Banks is indicated at Appendix 12 of

Annexure -I) or from an Indian Scheduled Bank situated in India,

will be considered.

23.6 ONGC shall not be liable to pay any bank charges, commission orinterest on the amount of Bid Security.

23.7 Subject to provisions in para 23.2 above, offers without Bid Security willbe ignored.

23.8 The Bid Security shall be forfeited by ONGC in the following events:

a) If Bid is withdrawn during the validity period or any extensionthereof duly agreed by the Bidder.

b) If Bid is varied or modified in a manner not acceptable to ONGCduring the validity period or any extension of the validity dulyagreed by the Bidder.

(BL/02/29 dated 19.06.2008)

c) If a Bidder, having been notified of the acceptance of its bid, fails tofurnish Security Deposit / Performance Bond within 15 days from the

date of issue of LOA/NOA.(BL/02/23 dated 07.06.2007)

d) (applicable for tenders above Rs. 1 crore)- Not applicable.

If the Bidder has been disqualified from the tender process prior to theaward of contract according to the provisions under Section 3 of Integrity

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Pact. ONGC shall be entitled to demand and recover from bidderLiquidated damages amount by forfeiting the EMD/Bid security (Bid Bond)as per section 4 of Integrity Pact

23.9 The Bid Security of unsuccessful Bidders will be returned on finalisation

of the bid. The Bid Security of successful bidder will be returned on receipt ofSecurity Deposit/Performance Bond (Performance Security).

(BL/02/54 dated 03.06.2011)

24.0 OFFERS WITH FAX BID BONDS

24.1 Normally offers received alongwith Fax Bid Bond shall not be considered.However, ONGC reserves the right to consider the offer, provided it isfollowed by confirmatory original Bid Bond executed in prescribed proforma andlegally operative on or before the date fixed for opening of bids (techno-commercial bid opening date in case of Two Bid System) and received bytender inviting authority within 7 calendar days, after the opening date of bids(techno-commercial bid opening date in case of Two Bid System).

24.2 If Bidder fails to submit original Bid Bond with the same content as inFax Bid Bond and in accordance with bidding document, irrespective of theirstatus/ranking in tender, the bid will be rejected and ONGC may consider todebar the Bidder from participating against its future tenders.

(BL/02/38 dated 12.08.2009)

25.0 TELEX / TELEGRAPHIC / TELEFAX / e-MAIL / XEROX / PHOTOCOPY BIDS

AND THE BIDS CONTAINING SCANNED SIGNATURE:

25.1 Telex / Telegraphic / Telefax / e-mail / Xerox / Photocopy bids and bidswith scanned signature will not be considered.

Original bids should be signed manually failing which they shall be rejected.

D. SUBMISSION AND OPENING OF BIDS

26.0 SEALING AND MARKING OF BIDS.

Single Bid System - Not applicable.26.1 The original copy of the Bid is to be submitted in a double cover. Theinner cover should be sealed and superscribed as "Tender Number ……… and due for opening on......". The outer cover should duly bear the tendernumber and date of closing/opening prominently underlined, alongwith theaddress of Purchaser's office, as indicated in Invitation For Bids.

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26.2 The inner cover shall also indicate the name and address of the Bidderto enable the bid to be returned unopened in case it is declared "late".

26.3 The right to ignore any offer which fails to comply with the aboveinstructions is reserved. Only one bid should be included in one cover.

Two Bid System26.4.1 In case of "Two Bid System", offers are to be submitted in triple sealedcovers. The first inner sealed cover will contain Techno-Commercial bids havingall details but with price column blanked out. This cover will clearly besuperscribed with "Techno-Commercial bid" alongwith tender number and itemdescription. The second sealed inner cover will contain only the price scheduleduly filled in and signed and will be clearly super scribed with "Price Bid"alongwith tender number. These two covers shall be put into outer cover andsealed. The outer cover should duly bear the tender number and date of

closing/opening prominently underlined, alongwith the address of this office.

(BL/02/17 dated 02/01/04 )

26.4.2 Price Bids, which remain, unopened with ONGC, will be returned to theconcerned bidders within a period of 5 working days of receipt of PerformanceGuarantee Bond(s) from the successful bidder(s).

26.5 Any change in quotation after opening of the tender WILL NOT BECONSIDERED.

26.6 ONGC will not be responsible for the loss of tender form or for the delayin postal transit.

27.0 DEADLINE FOR SUBMISSION OF BIDS

27.1 The Bid must be received by the Purchaser at the address specified inInvitation for Bids not later than 1400 Hrs (IST) on the notified date of closingof the tender. Offers sent by hand delivery should be put in the Tender Box atthe specified office not later than 1400 Hrs. (IST) on the specified date. Allout-station tenders, if sent by post, should be sent under registered cover.

28.0 LATE BIDS

28.1 Bidders are advised in their own interest to ensure that bid reaches thespecified office well before the closing date and time of the bid.

28.2 Any bid received after dead line for submission of bid, will be rejected andreturned unopened.

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29.0 MODIFICATION AND WITHDRAWAL OF BIDS

29.1 No bid may be modified after the dead line for submission of bids.

30.0 OPENING OF BIDS:

30.1 The bid will be opened at 1500 Hrs. (IST) on the date of openingindicated in "Invitation for Bid". The Bidder or his authorisedrepresentative may be present at the time of opening of bid on the specifieddate, but a letter in the form annexed at Appendix-10 hereto must be forwardedto this office alongwith bid and a copy of this letter must be produced in theoffice by the person attending the opening of bid. Unless this letter is presentedby him, he may not be allowed to attend the opening of bid.

30.2 In case of unscheduled holiday on the closing/opening day of bid ,the next working day will be treated as scheduled prescribed day of

closing/opening of bid, the time notified remaining the same.

E. EVALUATION OF BIDS

31.0 EVALUATION AND COMPARISON OF BIDS

31.1 Evaluation and comparison of bids will be done as per provisions of BidEvaluation Criteria at Annexure-IV to be supplied separately alongwith biddingdocument against individual tenders.

(BL/02/59 dated 23.01.2013)

31.2 CLARIFICATIONS OF BIDS:

31.2.1 During evaluation of bids, Purchaser may at its discretion ask the Bidderfor clarifications/ confirmations/ deficient documents of its bid. The request forclarification and the response shall be in writing and no change in the price ofsubstance of the bid shall be sought or permitted

32.0 UNSOLICITED POST TENDER MODIFICATIONS:

32.1 In case certain clarifications are sought by ONGC after opening of bidthen the reply of the Bidder should be restricted to the clarification sought. Anybidder who modifies his bid (including all modifications which have the effect ofaltering his offer) after the closing date, without any specific reference by ONGC,shall render his bid liable to be ignored and rejected without notice and withoutreference to the bidder.

(BL/02/49 dated 09.07.2010)

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33.0 PUTTING SUPPLIER ON HOLIDAY DUE TO CANCELLATION OFPURCHASE ORDER.

In case of cancellation of the purchase order(s) on account of delay in executionof the order or non-execution of the order and / or annulment of the award due to

non-submission of Performance Security or, failure to honour the commitmentsunder ‘Warranty & Guarantee ’ requirements following actions shall be takenagainst the Supplier:

i. ONGC shall conduct an inquiry against the Supplier and consequent to theconclusion of the inquiry, if it is found that the fault is on the part of theSupplier, then they shall be put on holiday [i.e neither any tender enquirywill be issued to such a Supplier by ONGC against any type of tender northeir offer will be considered by ONGC against any ongoing tender(s)where contract between ONGC and that particular Contractor (as a bidder)has not been concluded] for a period of two years from the date the orderfor putting the Contractor on holiday is issued. However, the action takenby ONGC for putting that Supplier on holiday shall not have any effect onother ongoing PO(s), if any with that Supplier which shall continue tillexpiry of their term(s).

ii. Pending completion of the enquiry process for putting the Supplier onholiday, ONGC shall neither issue any tender enquiry to the defaultingSupplier nor shall consider their offer in any ongoing tender.

34.0 EXAMINATION OF BID

34.1 The Purchaser will examine the bids to determine whether they arecomplete, whether any computational errors have been made, whetherrequired sureties have been furnished, whether the documents have beenproperly signed and whether the bids are generally in order.

34.2 Prior to detailed evaluation, the Purchaser will determine thesubstantial responsiveness of each bid to the bidding documents. Bidsfalling under the purview of "Rejection Criteria" of the Bid Evaluation Criteriaof the bidding document will be rejected and may not subsequently be maderesponsive by Bidder by correction of the inconformity.

35.0 SPECIFICATIONS:

35.1 Unless otherwise asked for, the Bids of "Maker's Design" or foralternative specification, the Bidder must note that its Bid will be rejected in casethe tender stipulations are not complied with strictly or the goods offered do notconform to the required specifications indicated therein. The lowest Bid will bedetermined from among those Bids which are in full conformity with the requiredspecifications.

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(BL /02/03 dated 21.8.2000)

36. PRICE PREFERENCE FOR PRODUCTS OF SMALL SCALE UNITS

36.1. ONGC reserves its right to allow to the Indian Small Scale Sector price

preference facility as admissible under the existing policy.

35.2 (Clause deleted as BL /02/03 dated 21.8.2000)

37.0 CONTACTING THE PURCHASER

No bidder shall contact the Purchaser on any matter relating to its bid, from the

time of the opening to the time the contract is awarded.

F. AWARD OF CONTRACT

38 AWARD CRITERIA.

Subject to clause 41.0, the Purchaser will award the contract to thesuccessful bidder whose bid has been determined to be substantiallyresponsive and has been determined as the lowest evaluated bid.

39. PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECTANY OR ALL BIDS.

39.1 ONGC reserves the right to reject, accept or prefer any bid and to annulthe bidding process and reject all bids at any time prior to award of contract,without thereby incurring any liability to the affected Bidder or Bidders or anyobligation to inform the affected Bidder or Bidders of the ground for ONGC'saction. The ONGC also reserves to itself the right to accept any bid in part orsplit the order between two or more bidders.

40.0 ORDER ON HIGHER BIDDER

40.1. It should be noted that if a supply order is placed on a higher Bidder inpreference to the lowest acceptable offer in consideration of an earlier delivery,the supplier will be liable to pay to the Purchaser the difference between the

contract rate and the rate quoted by the lowest acceptable bidder in case hefails to complete the supply in terms of such contract within the specified date ofdelivery. This is without prejudice to other rights under terms of contract.

41.0 VARIATION IN QUANTITY

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41.1 ONGC is entitled to increase or decrease the quantities againstany/all the items of the tender by not more than 20% (twenty percent) whileplacing the order. However, in case of procurement of goods under Two Bidsystem, any variations upto 20% of the tendered quantity can be asked onlybefore price bid opening.

42.0 NOTIFICATION OF AWARD

42.1 Prior to the expiration of the period of bid validity, the Purchaser willnotify the successful bidder in writing by registered letter or by cable/telex/fax tobe confirmed in writing by registered letter that its bid has been accepted.

42.2 The notification of award will constitute the formation of the contract.

42.3 Upon the successful bidder's furnishing performance security, pursuantto clause 43, the Purchaser will promptly notify each unsuccessful bidder anddischarge their bid securities.

43.0 SIGNING OF CONTRACT

43.1 At the same time as Purchaser notifies the successful Bidder that its bidhas been accepted, the Purchaser will send the Bidder the contract/supplyorder in duplicate. The contract against this tender will be governed inaccordance with the General Conditions of Contract (G.C.C.) at Annexure-II.The successful Bidder will return one copy of the supply order/contractduly signed on each page as token of confirmation/acceptance.

44.0 PERFORMANCE SECURITY

(BL/02/29 dated 19.06.2008)

44.1 Within 15 (fifteen) days from the date of issue of LOA/NOA from thePurchaser, the successful Bidder shall furnish the Performance Security inaccordance with the conditions of the contract, in the Performance SecurityForm provided at Appendix 1 of Annexure-II of the bidding documents, oranother form acceptable to the Purchaser.

43.2 Provision deleted vide BL/02/46 dated 03.05.2010

44.2 No Performance Security in the form of bank draft or in lieu thereofPerformance Bond is necessary for purchases upto Rs.1.00 Lakh.Performance Security in the form of bank draft or in lieu thereof performancebond is also not necessary for purchase of spares or stores/capitalitems/equipment of proprietary nature from original equipmentmanufacturers / Distributors / Sole Selling Agents/ authorised dealers.

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In case, any bidder while making such representations to Competent PurchaseAuthority (CPA) also involves other officials of ONGC and / or solicits / invokesexternal intervention other than as may be permitted under the law and if thetender has to be closed because of the delays / disruptions caused by suchinterventions and has to be re-tendered, then the particular bidder will not beallowed to participate in the re-invited tender.

47. Placement of Development Order: (Applicable only for tenders invited for itemsspecific to oil field industry)

ONGC may consider development of new sources, at its sole discretiondepending upon merit of the situation, for the category of items specific to oil fieldindustry.

However, bidders should note that mere sale / issue of tender document for

development order, does not qualify any party for any assured developmentorder(s) from ONGC.

Domestic bidders, who participate in the tender and fulfill all the criteria of BEC,excluding past supply experience criteria, would be considered for placement ofdevelopment order after satisfactory inspection of their plant and facilities andprovided no development order is pending with such parties. Offers of suchbidders for development order will be considered, only if they submit sufficientdocumentary evidence in support of their capability to manufacture the materialsof the required quality and specifications, besides submitting an undertaking tothe effect that no development order of ONGC is pending with them forexecution.

Development order shall be placed for a smaller quantity, maximum upto 20% ofthe tendered quantity, as necessary to carry out field trial testing.

Rates at which development order is placed shall be the L-1 rate received in thetender or the rate quoted by the bidder in the tender which is being consideredfor development order, whichever is lower. As this bidder would not beconsidered in the regular tender, their price bid would be opened only afterfinalization of the tender.

A development order shall be considered as executed and the respective biddershall be considered as developed / proven source, only after satisfactorycompletion of field trial testing and issuance of a certificate by the authorizedofficer of ONGC to this effect. Thereafter, offers of such developed / provensource will be considered against future tenders for the item(s) which has beenso developed by the party.

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Payment for the item(s) supplied against development order will be made onlyagainst the satisfactory performance certificate issued by ONGC after field trialtesting.

Notwithstanding the above provisions, successful development and or supply toONGC thereof does not guarantee the vendor any assured order(s) from ONGC.

(BL/02/51 dated 04.10.2010)

48. Bidders should simply confirm that they have read the ONGC ’s following“Policy on Climate Change & Sustainability ” and they are working upon todevelop their policy as well.

i . ONGC is committed to enhance contribution to sustainable development

through a greater integration of economic, environmental and social dimensions.

ii. ONGC shall endeavour for GHG emission mitigation from our operations andparticipate in Kyoto and other protocol where India is a signatory. We shall striveto achieve quantifiable milestones in these aspects.

iii. ONGC shall partner with sustainability advocacy organizations where ourstrengths are complementary and also actively propagate the idea of GHGmitigation at national and international operations where we are business partner.

iv. ONGC shall develop and invest in advanced low carbon technologies to meetgrowing demand for affordable energy products while improving security ofsupply and reducing environmental impacts.

v. ONGC ’s aim shall be to achieve competitiv e business advantage from GHGabatement programmes, particularly through process efficiency, besidesimproving environmental performance.

vi. ONGC shall endeavour to develop new business opportunities throughinvestment in climate change.

vii. ONGC shall try to adopt triple bottom line accounting and reporting to raiseawareness of the true cost and benefits.

viii. Above all, ONGC shall make sustainability a foundation of our businessstrategy.

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APPENDIX - 1

BIDDING DOCUMENT ACKNOWLEDGEMENT PROFORMA

Dated:.................................Oil & Natural Gas Corporation Ltd.

............................ …………………………………… .

............................... ………………………………… ..

Dear Sirs,

We hereby acknowledge receipt of a complete set of Bidding Documentsconsisting of Four Annexures (alongwith their Appendices) enclosed to the"Invitation for Bid" pertaining to procurement of Specific IndigenousChemicals against tender no.

We have noted that the closing date for receipt of the tender byONGC is _______________________ at 1400 hrs. (IST) and opening at 1500hrs. (IST) on the same day.

We guarantee that the contents of the above said Bidding Documentswill be kept confidential within our organization and text of the said documentsshall remain the property of ONGC and that the said documents are to be usedonly for the purpose intended by ONGC.

Our address for further correspondence on this tender will be as under :

………………………........................……………………… ........................

……………………… ........................TELEX NO: FAX NO:TELEPHONE NO ; Yours faithfully,PERSONAL ATTENTION OF:(IF REQUIRED) (BIDDER)

Note : This form should be returned along with offer duly signed

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APPENDIX-2Tender No............................ Contractor's Telegraphic Address :

______________________ ________________________

Oil & Natural Gas Corporation Ltd Telephone No.TELEX NO:FAX NO:

Dear Sirs,

1. I/We hereby offer to supply the materials detailed in schedule hereto or suchportion thereof as you specify in the Acceptance of Tender at the pricegiven in the said schedule and agree to hold this offer open till

__________________________________.

2. I/We have understood and complied with the "Instructions to Bidders" atAnnexure - I, "Bid Evaluation Criteria" at Annexure IV and accepted the"General Terms and Conditions" at Annexure II for supply and havethoroughly examined and complied with the specifications, drawings and/orpattern stipulated at Annexure III hereto and am/are fully aware of the natureof the materials required and my/our offer is to supply materials strictly inaccordance with the requirements.

3. The following pages have been added to and form part of this tender:-

4. Agreement at Appendix 3 on purchase of Bidding documents and submission

of Tender has been duly signed and returned herewith.

Yours faithfully,

Signature of Bidder

AddressDated

Signature of witnessAddress

Note : This form should be returned alongwith offer duly signed.

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reciprocal promises form the consideration for this separate initial contractbetween the parties.

If Bidder fails to honour the above terms and conditions, ONGC shallhave unqualified, absolute and unfettered right to encash/forfeit the bidsecurity submitted in this behalf.

Yours faithfully Yours faithfully

(BIDDER) (PURCHASER)

(One copy of this agreement duly signed must be returned alongwithoffer.)

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APPENDIX – 3-A

AGREEMENT - NOT APPLICABLE(Applicable for tenders above Rs. 1 crore)

No. Dated

To,

___________________________

Oil & Natural Gas Corporation Ltd.,

______________________________

_______________________________

Sub: PURCHASE OF BIDDING DOCUMENTS

Ref: TENDER No. ______

ONGC and the Bidder agree that the Notice Inviting Tenders (NIT) is anoffer made on the condition that the bidder will sign the Integrity Pact and the Bid

would be kept open in its original form without variation or modification for aperiod of __________ (state the number of days from the last date for thereceipt of tenders stated in the NIT) days AND THE MAKING OF THE BIDSHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTEACCEPTANCE of this condition of the NIT. They confirm acceptance andcompliance with the Integrity Pact in letter and spirit. They further agree thatthe contract consisting of the above conditions of NIT as the offer and thesubmission of Bid as the Acceptance shall be separate and distinct from thecontract which will come into existence when bid is finally accepted byONGC. The consideration for this separate initial contract preceding the maincontract is that ONGC is not agreeable to sell the NIT to the Bidder and to

consider the bid to be made except on the condition that the bid shall be keptopen for ______ (so many) days after the last date fixed for the receipt of thebids and the Bidder desires to make a bid on this condition and after enteringinto this separate initial contract with ONGC. ONGC promises to consider thebid on this condition and the Bidder agrees to keep the bid open for therequired period. These reciprocal promises form the consideration for thisseparate initial contract between the parties.

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If Bidder fails to honour the above terms and conditions, ONGC shallhave unqualified, absolute and unfettered right to encash/forfeit the bidsecurity submitted in this behalf.

Yours faithfully Yours faithfully

(BIDDER) (PURCHASER)

(One copy of this agreement duly signed must be returned alongwith offer.)

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Appendix - 4

Proforma of Bank Guarantee towards Bid Security

BID BOND

Ref. No.................... Bank Guarantee No ……… ..........

Dated .. ……………… ..................

To,

Oil & Natural Gas Corporation Ltd. __________________________________ __________________________________

Dear Sirs,

1. Whereas Oil & Natural Gas Corporation Ltd., incorporated under theCompanies Act, 1956, having its registered office at Jeevan Bharti, Tower-II,124 Connaught Circus, New Delhi - 110001 - India and one of itsoffices at __________________________________ (hereinafter called`ONGC' , which expression shall, unless repugnant to the context ormeaning thereof, include all its successors, administrators, executors andassignees) has floated a Tender No. ________________

__________________ and M/s ____________________________ havingHead/Registered office at _______________________________ (hereinafter called the 'Bidder', which expression shall unless repugnant

to the context or meaning thereof, mean and include all its successors,administrators, executors and permitted assignees)have submitted abid Reference No........................ and Bidder having agreed to furnishas a condition precedent for participation in the said tender an unconditional andirrevocable Bank Guarantee of Indian Rupees/- (infigures)___________________ (Indian Rupees / (inwords)_________________________________________ only) for the dueperformance of Bidder's obligations as contained in the terms of the NoticeInviting Tender (NIT) and other terms and conditions contained in theBidding documents supplied by ONGC which amount is liable to be forfeitedon the happening of any contingencies mentioned in said documents.

2. We (name of the bank)______________________________, registeredunder the laws of_____________ having head/registered office at

_____________________ (hereinafter referred to as "the Bank", whichexpression shall, unless repugnant to the context or meaning thereof, include allits successors, administrators, executors and permitted assignees) guaranteeand undertake to pay immediately on first demand by ONGC, the amount of

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INSTRUCTIONS FOR FURNISHING BANK GUARANTEETOWARDS BID SECURITY

1. The Bank Guarantee by Indian Bidders will be given on non- judicialstamp paper/franking receipt as per stamp duty applicable at the place where

the tender has emanated. The non-judicial stamp paper/franking receipt shouldbe either in name of the issuing Bank or the bidder.

2. The expiry date, as mentioned in clause 5 & 6 should be arrived at byadding 30 days to the date of expiry of the bid validity unless otherwisespecified in the bidding documents.

3. The Bank Guarantee by Indian bidders will be given fromNationalised/Scheduled Banks only.

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APPENDIX - 5

CHECK LIST

The bidders are advised in their own interest to ensure that the followingpoints/aspects in particular have been complied with in their offer failing whichthe offer is liable to be rejected.1. Please tick the box whichever is applicable and cross the box(es)whichever is/are not applicable.2. Please sign each sheet.3. The check-list duly filled in must be returned along with the offer.

COMMERCIALGROUP 'A'

1.1 Whether requisite tender fee has been paid ?

Yes No Not applicable

1.2 If so, furnish the following :-

(i) By IPO/Bank Draft/Cashier's cheque(ii) Name of the Bank/post office

(iii) Value(iv) Number of IPO/Bank Draft/Cashier's cheque(v) Date of issue of IPO/Bank Draft/Cashier's cheque.

2.1 Whether Bank Draft/Bank Guarantee for the requisite earnest money hasbeen enclosed with the offer ?


2.2 If so furnish the following:-(i) Name of the Bank(ii) Value

(iii) Number(iv) Date of issue(v) Period of validity of the Bank Draft/Bank Guarantee(The validity of Bank Draft should not be less than 180 days).

Signature of the Bidder

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3. Have the rates, prices and totals, etc. been checked thoroughly beforesigning the tender?

Yes No

4. Has the statement incorporating the exceptions/deviations as perthe proforma at Appendix - 6, been prepared and enclosed with the offer?

Yes No

5. Has the bidder's past supplies proforma (Appendix-7) been carefully filled

and enclosed with the offer ?

Yes No

6. Whether charges for training of ONGC officers included in the prices? Ifnot, whether these have been quoted separately.


7. Whether firm Ex-works and FOR destination prices have been quotedby indigenous bidders

Yes No

8. Whether firm FOB, C&F, CIF and CIAF prices have been quoted byforeign bidders

Yes No

9. Whether the cost of installation/erection/commissioning at site isincluded in the prices? If not, whether it has been quoted separately ?



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10. Whether fixed monthly rates have been quoted uniformly for entirecontract period ?


11. Whether the period of validity of the offer is as required in biddingdocument ? If not, mention the extent of variation.

Yes No Extent of variation in days12. Whether the offer has been signed indicating full name and clearlyshowing as to whether it has been signed as

Secretary Manager Partner

Sole Proprietor Active Partner Pre procuraterium

13. If the Bidder is seeking business with ONGC for the first time, has hegiven the details of the parties to whom the offered items/services have beenprovided in past alongwith their performance report ?

Yes No

14. Whether the offer is being sent in double cover, both the covers dulysealed and superscribed with tender Number and closing/opening date?

Yes No

15. Has the offer been submitted in triplicate ?

Yes No

16. Is the offer being sent by Registered post or proposed to be dropped intender box ?

Sent by Registered Post Dropped in Tender Box

Yes No Yes No


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APPENDIX - 8

BIDDER'S INFORMATION PROFORMABIDDER MUST GIVE SPECIFIC ANSWERS AGAINST EACH OF

THE FOLLOWING QUESTIONS

1. Whether materials offered conform to particulars quoted at Annexure III (to besupplied separately by ONGC against each tender). If not, details of deviations mustbe stated here :

2. (i) Brand :(ii) Name & address of the manufacturer:(iii) Country of Origin:

3. Guarantee date by which delivery can be completed:

4. Packing : Whether specification packing will be adhered to :

5. Gross weight of Consignment/net Weight of each item:

6. Here please state specifically whether the price offered by you, as to thebest of your knowledge and belief, is not more than that of the price which ispermissible for you to charge a private purchaser for the same class and descriptionof goods under the provision of any law for the time being in force. If not, state thereason and margin of profit:

7. Is the firm registered under :(i) The Indian Companies Act, 1913.(ii) The Indian Companies Act, 1932/1956(iii) Any other Act, if any, who are owners?(Please give full name)

8. Sales Tax Registration No. if any:

9. Central Sales Tax Registration No. if any:

10. Annual Turnover for last 3 years (Enclose audited Annual Reports)

11. Present worth of bidding firm :

Signature of the BidderDate................

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Appendix – 9PRICE FORMAT

Tender No.: T13MC13001 Tenderer ’s Name:

Quotation No & Date.:

Validity of quotation:-

Due date :

Delivery Period :

Qty Unit

basicpriceincludingpacking &Forwarding(Rs)

Excise

dutyincludingeducationcess ( %and value)

Sales

tax (%andvalue )

Unit

freightcharges (Rs)

Unit

InsuranceCharges( Rs)

Unit

FORdestination rate( Rs)

Total FOR

Destinationprice ( Rs)

Item

Slno.

Item

description

a b c d e f g=b+c+d+e+f

h = a x g

1. LostCirculationControlAdditive( LCCA)Mat code :100101237

50 MT

2. CausticisedLignite.Mat code :100203306

250 MT

3. Citric Acid .Mat Code:100203047

9000 Kg.

4. GraphitePowder.MatCode:100101048

9000 kg.

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APPENDIX - 10

AUTHORISATION LETTER FOR ATTENDING TENDER OPENING

NO. Date _____________

To,

The ___________________________

Oil & Natural Gas Corporation Ltd.,

______________________________

_________________________ (India)

Subject : Tender No. T13MC13001 due on

Sir,

Mr............................... . has been authorised to be present at the time ofopening of above tender due on............ .... at ....................., on my/our behalf.

Yours faithfully

Signature of Bidder

Copy to : Mr....................... ……………………… for information and for productionbefore the ______________________ (MM)____ at the time of opening of bids.

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1.7 DELIVERY PERIOD :

Shall mean the date by which shipment/airfreighting/despatch, as indicated inthe ORDER, is effected.

1.8 DESTINATION :

Shall mean the location of the consignee for which this ORDER has beenissued.

1.9 EQUIPMENT/MATERIALS/GOODS :

Shall mean and include any equipment, machinery, instruments, stores, goodswhich SUPPLIER is required to supply to the PURCHASER for/under theORDER/CONTRACT and amendments thereto.

1.10 SERVICES :

Shall mean those services ancillary to the supply of goods, such astransportation and insurance and any other incidental services, such asinstallation, commissioning, provision of technical assistance, training and othersuch obligations of the SUPPLIER covered under the contract.

1.11 DRAWINGS : Not applicable .

Shall mean and include all Engineering sketches, general arrangements/ layout drawings, sectional plans, all elevations, etc. related to the ORDER

together with modification and revision thereto.

1.12 SPECIFICATIONS :

Shall mean and include detailed description, statements to technical data,performance characteristics, and standards (Indian as well as International) asapplicable and as specified in the ORDER.

1.13 INSPECTORS :

Shall mean any person or outside Agency nominated by ONGC to inspect

equipment, materials and services, if any, in the contract stage wise as well asfinal before despatch at SUPPLIER ’s Works and on receipt at destination asper the terms of the ORDER.

1.14 TESTS :

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Shall mean such process or processes to be carried out by the SUPPLIERas are prescribed in the ORDER considered necessary by ONGC or theirrepresentative in order to ascertain quality, workmanship, performance andefficiency of equipment or part thereof.

1.15 APPROVAL :

Shall mean and include the written consent either manuscript, type written orprinted statement under or over signature or seal as the case may be of theONGC or their representative or documents, drawings or other particulars inrelation to the ORDER

1.16 F.O.R. /Ex-works.

Shall mean the terms as explained in INCO Terms.

1.17 EFFECTIVE DATE OF CONTRACT/SUPPLY ORDER

Unless otherwise specified to the contrary, the date of LOI indicating followingdetails will be start of the contract for all practical purposes.

(i) Prices

(ii) Price basis

(iii) Delivery Schedule

(iv) Liquidated Damages

(v) Performance Guarantee

(vi) Payment terms(vii) Special conditions and deviations, if any, taken by

SUPPLIER/CONTRACTOR but not agreed by ONGC.

2. SCOPE OF ORDER :

2.1 Scope of the ORDER shall be as defined in the ORDER, specifications,drawings and annexures thereto.

2.2 Completeness of the EQUIPMENT shall be the responsibility of theSUPPLIER. Any equipment, fittings and accessories, which may not bespecifically mentioned in the specification or drawing(s) but which are usual ornecessary for the satisfactory functioning of the EQUIPMENTS (successfuloperation and functioning of the equipment being SUPPLIER's responsibility),shall be provided by the SUPPLIER without any extra cost.

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2.3 The EQUIPMENT shall be manufactured in accordance with soundengineering and good industry standards and also the SUPPLIER shall in allrespect design, engineer, manufacture and supply the same within deliveryperiod to the same within delivery period to the entire satisfaction of ONGC.

2.4 WORK TO BE CARRIED OUT UNDER THE ORDER :

All equipment to be supplied and work to be carried out under the ORDERshall conform to and comply with the provision of relevant regulation/Acts(State Govt. or Central Govt.) as may be applicable to the type ofequipment/work carried out and necessary certificate shall be furnished.

2.5 LEGAL RIGHT TO TRANSFER OWNERSHIP OF EQUIPMENT/MATERIALS:

The SUPPLIER/SUB-CONTRACTOR hereby represents that it has full legalright, power and authority to transfer the ownership of the equipment/materials

to ONGC.

3. SPECIFICATION, DRAWING, TECHNICAL MANUALS : NotAPPLICABLE.

3.1 The SUPPLIER shall furnish two copies of technical documents, finaldrawing, preservation instructions, operation and maintenance manuals, testcertificates, spare parts catalogue before despatch of the equipment as under :-

(i) Inspection Authority.(ii) Incharge, Reference Book Cell, Materials Management

(TBG), ONGC, Tel Bhavan, Dehra Dun.- 248003 (India).

3.2 The SUPPLIER shall be responsible for any loss to the ONGCconsequent to the furnishing of the incorrect data/drawings.

3.3 The SUPPLIER shall provide cross-sectional drawing to identify thespare parts numbers and their location. The size of bearing, their make andnumber shall be furnished.

3.4 Specifications, design and drawings issued by ONGC to the SUPPLIERalongwith tender specification and ORDER are not to be sold or given on loan.These documents continue to remain property of ONGC OR THEIR ASSIGNEEAND ARE SUBJECT TO RECALL BY ONGC. The SUPPLIER and itsemployees shall not make use of the drawings, specification and technicalinformation for any purpose at any time and shall not disclose the same to anyperson, firm or corporate authorities, without written permission of ONGC. Allsuch details shall be kept confidential.

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accordingly, by the SUPPLIER, before final acceptance of thegoods/equipment/project after installation and commissioning.

9.3. Damage to the machinery and/or EQUIPMENT due to incompleteand erroneous instructions issued by SUPPLIER will be the responsibility of theSUPPLIER and will be treated according to the provisions of warranty clause.Normal wear & tear shall not come under purview of this clause.

9.4. In case defects are of such nature that EQUIPMENT shall have to betaken to SUPPLIER's works for rectification etc., SUPPLIER shall take theEQUIPMENT at his costs after giving necessary undertaking or security asmay be required by ONGC. ONGC shall, if so required by the SUPPLIER,despatch the EQUIPMENT by quickest mode on "Freight-to-pay" basis to theSUPPLIER's works. After repairs SUPPLIER shall deliver the EQUIPMENT ATSITE on freight pre-paid basis. All risks in transit to and fro and all expenses onaccount of to and fro freight, insurance, customs clearance, transportation andhandling, port charges and customs duty etc. shall be borne by the SUPPLIER.

9.5. Equipment or spare parts thereof replaced shall have further warranty fora period of 12 months from the date of acceptance.

9.6. If the repairs, replacement or modification referred are of such nature asmay effect the efficiency of the EQUIPMENT, ONGC shall have the right to giveto the SUPPLIER within one month of such replacement/ renewal, notice inwriting to carry out test as may be required for acceptance of the equipment.

9.7. If the SUPPLIER fails to honour his obligation to repair or replacedefective goods within a reasonable period of time, if SUPPLIER refuses to

carry out work under the guarantee clause and implied guarantee conditions, ifdanger is anticipated or in case of severe urgency, ONGC shall be entitled tocarry out, at SUPPLIER's cost and risk, repair work or replacement deliveries orhave it done by a third party. In case not all goods have been delivered bySUPPLIER, ONGC is entitled to procure the remaining goods at SUPPLIER'scost and risk. This does not relieve SUPPLIER of any of his guaranteeobligations. Taxes and duties of any kind whatever imposed by the authoritiesof the country of the SUPPLIER or his sub-contractors until delivery shall beborne by SUPPLIER.

10. PERFORMANCE GUARANTEE

10.1. SUPPLIER shall guarantee that the "performance of theEQUIPMENT/MATERIAL" supplied under the order shall be strictly inconformity with the specifications and shall perform the duties specified underthe ORDER.

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10.2 Materials/equipment that shall be purchased from the subcontractor(s)shall have to fulfil the requirement as laid down vide paras 10.1 to 10.7 above.

11.0. REJECTION(BL /02/07 dated 11.11.02)

If ONGC finds that the goods supplied are not in accordance with thespecification and other conditions stated in the order or its sample(s) arereceived in damaged condition (of which matters ONGC will be the sole judge),ONGC shall be entitled to reject the whole of the goods or the part, as thecase may be, and intimate within 14 from the date of receipt at site/store houseas per terms of Contract to the SUPPLIER the rejection without prejudice toONGC other rights and remedies to recover from the SUPPLIER any losswhich the ONGC may be put to, also reserving the right to forfeit theperformance security/performance Bond if any, made for the due fulfilment ofthe contract. The goods shall be removed by the SUPPLIER and if notremoved within 14 days of the date of communication of the rejection, ONGC

will be entitled to dispose-of the same on account and at the risk of theSUPPLIER and after recovering the storage charges at the rate of 5% of thevalue of goods for each month or part of a month and the loss and expenses ifany caused to ONGC, pay balance to the SUPPLIER.

12. FAILURE AND TERMINATION CLAUSE/LIQUIDATEDDAMAGES CLAUSE

Time and date of delivery shall be the essence of the contract. If thecontractor/supplier fails to deliver the stores, or any instalment thereof within theperiod fixed for such delivery in the schedule or any time repudiates the contract

before the expiry of such period, the purchaser may, without prejudice to anyother right or remedy, available to him to recover damages for breach of thecontract :

(a) Recover from the Contractor/Supplier as agreed liquidated damagesand not by way of penalty, a sum equivalent to 1/2%(half percent) of thecontract/supply order price of the whole unit per week for such delay orpart thereof(this is an agreed, genuine pre-estimate of damages dulyagreed by the parties) which the contractor has failed to deliver withinthe period fixed for delivery in the schedule, where delivery thereof isaccepted after expiry of the aforesaid period. It may be noted that suchrecovery of liquidated damages may be upto a ceiling of 5% of thecontract/supply order price of the whole unit of stores which thecontractor/supplier has failed to deliver within the period fixed for delivery;or

Cancel the contract/supply order or a portion thereof by serving priornotice to the contractor/supplier.

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(b) It may further be noted that clause(a) above provides for recoveryof liquidated damages on the cost of contract/supply order price ofdelayed supplies(whole unit) at the rate of 1/2%(half per cent) of thecontract/supply order price of the whole unit per week for such delay orpart thereof upto a ceiling of 5% of the contract/supply order price ofdelayed supplies (whole unit). Liquidated damages for delay in suppliesthus accrued will be recovered by the paying authorities of the purchaserspecified in the supply order, from the bill for payment of the cost of thematerials submitted by the contractor/supplier or his foreign principals inaccordance with the terms of supply order/contract or otherwise.

(c) Notwithstanding anything stated above, equipment and materialswill be deemed to have been delivered only when all its componentsand parts are also delivered. If certain components are not delivered intime the equipment and material will be considered as delayed untilsuch time all the missing parts are also delivered.

13. LEVY OF LIQUIDATED DAMAGES(LD) DUE TO DELAY IN SUPPLIES

13.1 LD will be imposed on the total value of the order unless 75% of thevalue ordered is supplied within the stipulated delivery period. Where 75% ofthe value ordered has been supplied within stipulated delivery period, LDwill be imposed on the order value of delayed supply(ies). However, wherein judgement of ONGC, the supply of partial quantity does not fulfil theoperating need, LD will be imposed on full value of the supply order.

13.2 Calculation of liquidated damages

Liquidated damages will be calculated on the basis of contract/ supply orderprice of services/materials excluding duties and taxes, where such duties/taxeshave been shown separately in contract/supply order.

13.3 Extension in delivery period due to delay on the part of ONGC

When the extension of time is required due to any delay on the part of ONGC,extension of delivery time for the period of such delay involved may be grantedprovided the firm produces documentary evidence of the delay.

14. ACCEPTANCE OF HIGHER OFFER BY IGNORING LOWER OFFERFOR TIMELY DELIVERY-LIQUIDATED DAMAGES IN CASE OF DELAY

In the cases where initially lower offer has been ignored on account ofloading and a higher offer has been accepted for timely delivery, the differentialprices will be treated as price preference for earlier delivery. In the event ofdelay in completion of supply/project the extra expenditure paid on account of

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15.8. No rejected raw material shall be used for the contracted work or re-tendered for inspection and/or test except with the prior permission of ONGCor concerned Inspectors.15.9. Unless otherwise specifically authorised by ONGC in writing, thecontractor shall not ship or despatch for shipment under the contract enteredinto, any material which has not been properly inspected/tested, marked andsealed, and/or analysed as herein contemplated and in respect of which acertificate of quality has not been issued or signed by the Inspectors.

15.10. In addition to the general conditions of the inspection stated above, thecontractor shall also satisfy all the specific conditions of inspection asenumerated in the specification attached.

15.11. In addition to Inspector (s), ONGC shall be entitled to nominate,depute or designate a representative to be stationed at the Contractor's factoryin order to supervise and/or co-ordinate operations related to the contract. In the

event of there being more than one factory involved in the work entrusted to thecontractor, ONGC shall be entitled to nominate, depute or appoint suchrepresentative (s) as necessary in respect of each such factory.

15.12. The Contractor shall, at his cost, afford and ensure proper workingfacilities to the said representative (s) at the factory (ies) to enable him toperform his functions, and shall furnish him with all such information, data andassistance as he may require for the proper performance of his functions.Availability of measuring instrument/test fixtures/special tools to carry outinspection/functional test will be ensured by Contractor. In the absence ofnecessary infrastructure facilities to perform the necessary tests, the

Contractor shall arrange to carry out the test in an outside laboratory/test houseapproved by Govt./BIS/ONGC.

15.13. The posting of such a representative by ONGC or his actions in anymanner does not absolve the Contractor of any liability and/or responsibilityunder this contract. The representative ’s posting shall be treated as advisoryto ONGC.

15.14. For false calls for inspection and for the cases where material is rejectedon inspection, the SUPPLIER will bear the actual cost of inspectionincurred/suffered by ONGC.

15.15. Place of inspections specified in supply order will not be changedwithout written confirmation from Purchase Authority.

15.16. The SUPPLIER shall give at least 10 days advance notice to inspectionauthority in format placed at Appendix 2.

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15.17. Supplies in part (s) can be offered for inspection only if it is a condition ofthe contract failing which the SUPPLIER shall bear the actual cost ofinspection incurred/suffered by ONGC.

15.18. If Contractor requests for second inspection of materials on the groundthat the materials originally inspected and accepted have been disposed of thesame shall be inspected on merit of the case but at Contractor's cost.

16. SUB-STANDARD MATERIAL/REPLACEMENT OF REJECTED GOODS

16.1. If ONGC finds that material supplied are not of the correct quality or notaccording to specifications required or otherwise not satisfactory owing toany reason of which ONGC will be the sole judge, ONGC will be entitled toreject materials, cancel the contract and buy its requirement in the open marketat the risk and cost of SUPPLIER, reserving always to itself the right to forfeitthe performance security/Performance Bond placed by the SUPPLIER for thedue fulfilment of the contract.

16.2. Rejected goods should be removed and replaced within 14 days of thedate of communication of rejection.

17. SUBLETTING AND ASSIGNMENT

The Contractor shall not, save with the previous consent in writing of thePurchase Authority, sublet, transfer or assign the contract or any part thereofor interest therein or benefit or advantage thereof in any mannerwhatsoever, provided nevertheless that any such consent shall not relieve theContractor from any obligation, duty or responsibility under the contract.

18.0 VARIATION IN QUANTITY

ONGC is entitled to increase or decrease the quantities against any/all the itemsof the tender by not more than 20% (twenty percent) while placing the order.

19.0. TERMINATION FOR INSOLVENCY:

The Purchaser may at any time terminate the contract by giving written noticeto the SUPPLIER if the SUPPLIER becomes bankrupt or otherwise insolvent.In this event, termination will be without compensation to the SUPPLIER,provided that such termination will not prejudice or affect any right of action orremedy which has accrued or will accrue thereafter to the Purchaser.

20.0 INTER-CHANGEABILITY OF PARTS : Not applicable.

20.1 If against any item it becomes necessary to supply spare parts otherthan specified, the SUPPLIER shall be required to give the following certificateto the Purchaser before arranging supply of spare parts bearing different part

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The term " Force Majeure" as employed herein shall mean acts of God, War,Civil Riots, Fire directly affecting the performance of the Contract, Flood andActs and Regulations of respective government of the two parties, namelyONGC and the CONTRACTOR.

Upon the occurrence of such cause and upon its termination, the party allegingthat it has been rendered unable as aforesaid thereby, shall notify the other partyin writing, the beginning of the cause amounting to Force Majeure as also theending of the said clause by giving notice to the other party within 72 (seventytwo) hours of the alleged beginning and ending of the cause respectively. Ifdeliveries are suspended by Force Majeure conditions lasting for more than 2(two) months, ONGC shall have the option of cancelling this contract in whole orpart at its discretion without any liability at its part.

Time for performance of the relative obligation suspended by Force Majeure shallthen stand extended by the period for which such cause lasts.

25. LANGUAGE/TERMINOLOGY :

The SUPPLIER shall ensure that the language/terminology/Description ofgoods used in supply order/ Bill of Lading/ Airway Bill/Invoice is verbatim inEnglish and not at variance.

26. PACKING & MARKING :

The SUPPLIER shall consign/ship the materials in worthy packing conformingto the prescribed standards in force to withstand journey and ensuring the

safety of cargo en-route and also arrival of materials at ultimate destination ingood condition. The consignment shall be comprehensively insured againstall risks by the SUPPLIER in case of FOR destination contracts fromCONTRACTOR's ware-house to ultimate consignee's ware-house basis andeach case/packing shall have on its outer side the following marking inEnglish in indelible ink:

(a) Supply Order No. and date(b) Name of SUPPLIER.(c) Case number (running number upon total number of boxes).(d) Gross and net weight in Kilogram on each box.(e) Dimension of packages(f) Consignee(g) TOP/DON'T TURNOVER/HANDLE WITH CARE(h) The equipment which cannot be packed shall bear metal

tags with above marking indicated thereon. Each box shallcontain one copy of packing list in English.

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(BL /02/07 dated 11.11.02)

26.1.1 In case of hazardous chemicals / materials the bidder will provide materialsafety data sheets along with quotation and also while dispatching the materials.The bidder will also provide special hazard identification symbols / markings oneach packing of hazardous chemicals.

(BL/02/50 dated 13.07.2010)

27. PAYMENT OF EXCISE DUTY, VAT/SALES TAX (ON ULTIMATEPRODUCTS), CUSTOMS DUTY (FOR INDIAN BIDDERS) AND SERVICE TAX(ON TAXABLE SERVICES, IF ANY).

Payment of Excise Duty, VAT/Sales Tax (on ultimate products), Customs Duty(for Indian Bidders) and Service Tax (on taxable services, if any, which is part ofscope of supply), as applicable on the closing date of tender will be toSUPPLIER's / Contractor's account. In the case of "Two Bid" system where

revised price bids are permitted after techno-commercial discussions, paymentof these charges, as applicable on closing day of revised price bid, will be toSUPPLIER's/ Contractor's account.

In the event of introduction of any new legislation or any change or amendmentor enforcement of any Act or Law, rules or regulations of Government of India orState Government or Public Body which becomes effective after the date ofsubmission of Price Bid but within the contractual delivery/completion period,the ‘net impact ’ of any variation (both plus and minus) in the value of supplyorder / contract through increased / decreased liability of taxes/duties (i.e. theamount of taxes/duties payable minus eligible credit of taxes / duties paid on

inputs / input services) will be to the account of ONGC.

Any increase in ‘net impact ’ of any variation in Excise Duty/VAT/SalesTax/Customs Duty/Service Tax or introduction of any new taxes/duties/levy bythe Govt. of India or State Government(s) or Public Body, during extended periodof the contract / supply order will be to SUPPLIER's / Contractor's account wheresuch an extension in delivery of the material / completion of the project is due tothe delay attributable to the SUPPLIER/ Contractor. However, any decrease in‘net impact ’ of any variation in Excise Duty / VAT / Sales Tax / Custom Duty / Service Tax during extended period of the contract/ supply order will be to theaccount of ONGC.

27.1 SUPPLIER shall provide all the necessary certificates / documents forenabling ONGC to avail Input VAT credit and CENVAT credit benefits , in respectof the payments of VAT, Excise Duty, Service Tax etc. which are payable againstthe contract. The SUPPLIER should provide tax invoice issued under CentralExcise rule-11 (indicating excise duty, education cess and Secondary & HigherEducation Cess) for Excise Duty and tax invoice under respective State VAT Act

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for VAT separately for the indigenous goods. For the Services (if any) forms partof the supply, SUPPLIER should also provide tax invoice issued under rule-4A ofService Tax Rules (indicating service tax education cess and Secondary &Higher Education Cess). Payment towards the components of Excise Duty, VAT,CVD, SAD, Service Tax etc shall be released by ONGC only against appropriatedocuments ie tax invoice/Bill of entry for availing CENVAT / VAT credit (asapplicable).

The tax invoices as per above provisions should invariably contain the followingparticulars:

(i) Name, Address and the Registration Number (under the relevant TaxRules) of the SUPPLIER

(ii) Name and Address of the Purchaser (Address of ONGC)

(iii) Description, Classification and Value of goods / taxable services and theamount of applicable tax (i.e. VAT / Excise Duty / Service tax – separatelyindicating education cess and Secondary & Higher Education Cess,wherever applicable).

In case of imported goods, contractor/supplier is required to provide original Billof entry or copy of Bill of Entry duly attested by Custom authority which isrequired for availing CENVAT Credit.

27.2 While submitting the invoice for payment, CONTRACTOR should submitthe following details / statement as an attachment to the invoice:

a. Cost of Service Rs.__________

b. Service Tax/Excise Duty (Central Levy)/VAT (stateLevy), as applicable

Rs. __________

c.

Total amount including Service Tax/Excise Duty/VAT( i.e. a+b)

Rs.__________

d. Less: CENVAT Credit / VAT Credit, legally becomesavailable due to Change in Law [alongwith details ofdisclosure as per clause ___ (i.e. 27.3 ) below].

Rs. __________

e. Net payable by ONGC Rs. __________

27.3 In order to ascertain the net impact of the revisions / enactment of variousprovisions of taxes / duties, the SUPPLIER is liable to provide followingdisclosure to CORPORATION:

(i) Details of Inputs (material/consumable) used/required in manufacturing / supplying the ordered materials, including estimated monthly value of inputand excise duty/CVD paid/payable on purchase of inputs.

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(ii) Details of each of the input services used/required in manufacturing / supplying the ordered materials, including estimated monthly value of inputservice and service tax amount.

28. CONCESSION PERMISSIBLE UNDER STATUTES

28.1 The Supplier/Contractor must take cognizance of all concessionspermissible under the statutes including the benefit under Central Sales Tax Act,1956, failing which he will have to bear extra cost where SUPPLIER/Contractordoes not avail concessional rates of levies like customs duty, sales tax, etc.ONGC does not take any responsibility towards this. However, ONGC mayprovide necessary assistance wherever possible, in this regard.

29. PROGRESS ON MANUFACTURING OF ITEMS:

From the date of receipt of order, the manufacturer will send report on monthlybasis to the Purchase Authority about the progress on manufacturing of item (s)ordered on him. The monthly progress report will be sent on regular basis tillcompletion of entire supply as per delivery date indicated in supply order.

30. TERMS OF PAYMENTS

The terms of payment shall be as stipulated in main body of the purchase order.

The original invoice should accompany the following documents/details:

Applicable for cases involving payment through Bank against proof ofdespatch & satisfactory inspection:

a) Copy of valid registration certificate under the VAT/Sales Tax rules. (Copy ofvalid registration certificate under the Service Tax rules, if applicable, incases where supply involves rendering of any service also).

b) Particulars required for making payments through ‘Electronic PaymentMechanism ’, in accordance with the clause on ‘MODE OF PAYMENT ’ appearing in Annexure-I (i.e. ‘Instructions to bidders ’) of bid document.

c) Mobile No. (Optional).d) Tax Invoice ( Original and duplicate) issued under relevant rules Central

Excise, respective State VAT Act and Service Tax (as applicable), clearly

indicating rates and amount of various taxes/ duties shown separately).e) Proof of despatch (RR/GCN/LR etc.) freight paid/ to be billed basis (as perterms of delivery)

f) Proof of insuring material, in favour of ONGC, against losses, damages,breakages and shortages during transit (in the form of insurance certificate / policy/receipt of premium paid).

g) Sampling, Bonding , Debonding and test report .

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(Bl/02/53 dated 01.03.2011)

33. ARBITRATION (Applicable in case of supply orders/Contracts withfirms, other than Public Sector Enterprises) ( Not applicable in cases valuingless than Rs 5 lakhs)

Except as otherwise provided elsewhere in the contract, if any dispute,difference, question or disagreement arises between the parties hereto or theirrespective representatives or assignees, in connection with construction,meaning, operation, effect, interpretation of the contract or breach thereof whichparties are unable to settle mutually, the same shall be referred to Arbitration asprovided hereunder:

1. A party wishing to commence arbitration proceeding shall invokeArbitration Clause by giving 60 days notice to the other party. The notice invokingarbitration shall specify all the points of disputes with details of the amountclaimed to be referred to arbitration at the time of invocation of arbitration and notthereafter. If the claim is in foreign currency, the claimant shall indicate its valuein Indian Rupee for the purpose of constitution of the arbitral tribunal.

2. The number of the arbitrators and the appointing authority will be asunder:

Claim amount(excluding claimfor interest andcounter claim, ifany)

Number ofarbitrator

Appointing authority

Upto Rs. 50 lakhs Sole Arbitrator tobe appointedfrom a panel ofretired officersfromONGC/otherPSU/Non-PSUorganizations.

ONGC[Note: ONGC will forward a listcontaining names of five retiredofficers from ONGC/other PSU/Non-PSU organizations for selecting onefrom the list who will be appointed assole arbitrator by ONGC]

Above Rs. 50lakhs to Rs.5crores

Sole Arbitrator tobe appointedfrom a panel ofretired Jurists

ONGC[Note: ONGC will forward a listcontaining names of five jurists to theother party for selecting one from thelist who will be appointed as solearbitrator by ONGC]

Above Rs. 5 crores 3 Arbitrators One arbitrator by each party and the3rd arbitrator, who shall be thepresiding arbitrator, by the twoarbitrators. ONGC will appoint itsarbitrator from the panel of jurists.

3. The parties agree that they shall appoint only those persons as arbitrators

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who accept the conditions of this arbitration clause, including the fees scheduleprovided herein. No person shall be appointed as arbitrator or presiding arbitratorwho does not accept the conditions of this arbitration clause.

4. Parties agree that there will be no objection if the Arbitrator appointedholds equity shares of ONGC and/or is a retired officer of ONGC / any otherPSU. However, neither party shall appoint its serving employee as arbitrator.

5. If any of the Arbitrators so appointed dies, resigns, becomesincapacitated or withdraws for any reason from the proceedings, it shall be lawfulfor the concerned party/arbitrators to appoint another person in his place in thesame manner as aforesaid. Such person shall proceed with the reference fromthe stage where his predecessor had left if both parties consent for the same;otherwise, he shall proceed de novo.

6. Parties agree that neither party shall be entitled for any pre-reference orpendente-lite interest on its claims. Parties agree that any claim for such interestmade by any party shall be void.

7. The arbitral tribunal shall make and publish the award within timestipulated as under:

Amount of Claims and CounterClaims(excluding interest)

Period for making and publishing of the award(counted from the date of first meeting of thearbitrators):

Upto Rs. 5 crores Within 8 months

Above Rs. 5 crores Within 12 months

The above time limit can be extended by the arbitrator(s), for reasons to berecorded in writing, with the consent of the parties.

8. Arbitrators shall be paid fees at the following rates:Amount of Claims and CounterClaims(excluding interest)

Lump sum fees (including fees for studyof pleadings, case material, writing ofthe award, secretarial charges etc.)payable to each arbitrator(to be shared equally by the parties)

Upto Rs 50 lakhs Rs. 10,000 per meeting subject to a ceilingof Rs. 1,00,000/-.

Above Rs 50 lakhs to Rs 1 crore Rs. 1,35,000/- plus Rs. 1,800/- per lakh or apart there of subject to a ceiling of Rs.2,25,000/-.

Above Rs. 1 crore and upto Rs. 5Crores

Rs. 2,25,000/- plus Rs. 33,750 per crore ora part there of subject to a ceiling of Rs.3,60,000/-.

Above Rs. 5 crores and upto Rs.10 crores.

Rs. 3,60,000/- plus Rs. 22,500/- per croreor a part there of subject to a ceiling of Rs.

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4,72,500/-.

Above Rs. 10 crores Rs. 4,72,500 plus Rs. 18,000/- per crore orpart thereof subject to a ceiling of Rs.15,00,000/-.

9. If after commencement of the Arbitration proceedings, the parties agreeto settle the dispute mutually or refer the dispute to conciliation, the arbitratorsshall put the proceedings in abeyance until such period as requested by theparties. Where the proceedings are put in abeyance or terminated on account ofmutual settlement of dispute by the parties, the fees payable to the arbitratorsshall be determined as under:

(i) 20%of the fees if the claimant has not submitted statement of claim.(ii) 40% of the fees if the pleadings are complete.(iii) 60% of the fees if the hearing has commenced.(iv) 80% of the fees if the hearing is concluded but the award is yet tobe passed.

10. Each party shall pay its share of arbitrator ’s fees in stages as under:

(i) 20% of the fees on filing of reply to the statement of claim.(ii) 40 % of the fees on completion of pleadings.(iii) 20% of the fees on conclusion of the final hearing.(iv) 20% at the time when award is given to the parties.

11. Each party shall be responsible to make arrangements for the travel andstay etc of the arbitrator appointed by it. Claimant shall also be responsible formaking arrangements for travel / stay arrangements for the Presiding Arbitratorand the expenses incurred shall be shared equally by the parties.

In case of sole arbitrator, ONGC shall make all necessary arrangements for histravel/ stay and the expenses incurred shall be shared equally by the parties.

12. The Arbitration shall be held at the place from where the contract hasbeen awarded. However, parties to the contract can agree for a different placefor the convenience of all concerned.

13. The Arbitrator(s) shall give reasoned and speaking award and it shall befinal and binding on the parties.

14. Subject to the aforesaid conditions, provisions of the Arbitration andConciliation Act, 1996 and any statutory modifications or re-enactment thereofshall apply to the arbitration proceedings under this clause.

33.1 Resolution of disputes through conciliation by OEC ( Not applicable incases valuing less than Rs 5 lakhs) :

If any dispute, difference, question or disagreement arises between the partieshereto or their respective representatives or assignees, in connection with

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construction, meaning, operation, effect, interpretation of the contract or breachthereof which parties are unable to settle mutually, the same may first be referredto conciliation through Outside Expert Committee ( “OEC ”) to be constituted byCMD, ONGC as provided hereunder:

1. The party desirous of resorting to conciliation shall send a notice of 30 (thirty)days to the other party of its intention of referring the dispute for resolutionthrough OEC. The notice invoking conciliation shall specify all the points ofdisputes with details of the amount claimed to be referred to OEC and theparty concerned shall not raise any new issue thereafter.

1. CMD, ONGC shall nominate three outside experts, one each fromFinancial/commercial, Technical and Legal fields from the Panel of OutsideExperts maintained by ONGC who shall together be referred to as OEC(Outside Experts Committee).

1. Parties shall not claim any interest on claims/counterclaims from the date ofnotice invoking conciliation till execution of settlement agreement, if so arrived

at. In case, parties are unable to reach a settlement, no interest shall beclaimed by either party for the period from the date of notice invokingconciliation till the date of OEC recommendations in any further proceeding.

1. The Proceedings of the OEC shall be broadly governed by Part III of theArbitration and Conciliation Act, 1996 including any modifications thereof.

1. OEC shall hear both the parties and recommend possible terms of settlementbetween the parties. The recommendations of OEC shall be non-binding andthe parties may decide to accept or not to accept the same. Parties shall beat liberty to accept the OEC recommendation with any modification they maydeem fit.

1. Where recommendations are acceptable to both the parties, a settlementagreement will be drawn up in terms of the OEC recommendations or withsuch modifications as may be agreed upon by the parties. The settlementagreement shall be signed by both the parties and authenticated by all theOEC members either in person or through circulation. This settlementagreement shall have the same legal status and effect as that of anarbitration award on agreed terms on the substance of the dispute renderedby an arbitral tribunal under Section 30 of the Arbitration and Conciliation Act,1996.

1. The parties shall keep confidential all matters relating to the conciliationproceedings. Confidentiality shall extend also to the settlement agreement,

except where its disclosure is necessary for purposes of implementation andenforcement.

1. The parties shall not rely upon or introduce as evidence in any further arbitralor judicial proceedings, whether or not such proceedings relate to the disputethat is the subject of the conciliation proceedings,

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1.1. views expressed or suggestions made by the other party in respect of apossible settlement of the dispute;

1.1. admissions made by the other party in the course of the OECproceedings;

1.1. proposals made by the OEC;1.1. the fact that the other party had indicated his willingness to accept a

proposal for settlement made by the OEC.

1. The parties shall present their case before OEC only through their in-houseexecutives. Neither party shall be represented by a lawyer unless OECspecifically desires that some issue of legal nature is in dispute that needs tobe clarified / interpreted by a lawyer.

1. OEC members shall be entitled for the following fees and facilities:

Sl.No

Fees/Facility

Entitlement To be paid by

1. Fees Rs. 10,000 per meeting subject to maximum

of Rs. 1,00, 000 for the whole case. Inaddition, one OEC member chosen by OECshall be paid an additional amount of Rs.10,000 towards secretarial expenses inwriting minutes / OEC recommendations.

Claimant

2. AdditionalFee forattendingmeeting toauthenticate thesettlementagreement

Rs. 10,000/-. Claimant

3. Transportation inthe city ofthemeeting

Luxury car or Rs. 1,500 per day. Claimant

4. Venue formeeting

ONGC conference rooms/Hotels ONGC

Facilities to be provided to the out -stationed member

5. Travel from thecity of residenceto the city ofmeeting

Business class air tickets/ first classtrain tickets/ Luxury car/ reimbursement of actual fare.However, entitlement of air travel byBusiness class shall be subject to

Claimant

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austerity measures, if any, ordered byGovt of India.

6. Transport to andfro airport / railway station inthe city ofresidence

Luxury car or Rs. 2,000/-. Claimant

7. Stay for outstationedmembers

5 Star Hotel. ONGC

8. Transport in thecity of meeting

Luxury car or Rs. 1500 per day. Claimant

1. All the expenditure incurred in the OEC proceedings shall be shared by theparties in equal proportion. The parties shall maintain account of expenditure

and present to the other for the purpose of sharing on conclusion of the OECproceedings.

12. If the parties are not able to resolve the dispute through OEC or do not opt forconciliation through OEC, the party may invoke arbitration clause as providedin the contract.

34. ARBITRATION CLAUSE (Applicable in case of supplyorders/ contracts on public sector enterprises)

In the event of any dispute or difference relating to, arising from or connectedwith the contract, such dispute or difference shall be referred by either party tothe arbitration of one of the Arbitrators in the Department of Public Enterprisesto be nominated by the Secretary to the Government of India, Incharge ofBureau of Public Enterprises. The Arbitration and Conciliation Act 1996 shallnot be applicable to the arbitration under this clause. The award of thearbitrator shall be binding upon the parties to the dispute, provided, however,any party aggrieved by such award may make a further reference for settingaside or revision of award to the Law Secretary, Department of Legal Affairs,Ministry of Law & Justice, Government of India. Upon such reference, thedispute shall be decided by the Law Secretary or the Special Secretary/ Additional Secretary, when so authorised by Law Secretary, whose decisionshall bind the parties finally and conclusively. The parties in the dispute willshare equally the cost of arbitration as intimated by the Arbitrator.

35. APPLICABLE LAW AND JURISDICTION

34.1 The supply order, including all matters connected with this supply ordershall be governed by the Indian law both substantive and procedural, for the time

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Notwithstanding the above provisions, successful development and or supply toONGC thereof does not guarantee the vendor any assured order(s) from ONGC.

(BL/02/23 dated 07.06.2007)

40 . INTEGRITY PACT (applicable for cases above Rs 1 Crores): NOTAPPLICABLE.

41. PUTTING SUPPLIER ON HOLIDAY DUE TO CANCELLATION OFPURCHASE ORDER.

In case of cancellation of the purchase order(s) on account of delay in executionof the order or non-execution of the order and / or annulment of the award due tonon-submission of Performance Security or, failure to honour the commitmentsunder ‘Warranty & Guarantee ’ requirements following actions shall be takenagainst the Supplier:

i. ONGC shall conduct an inquiry against the Supplier and consequentto the conclusion of the inquiry, if it is found that the fault is on the partof the Supplier, then they shall be put on holiday [i.e neither anytender enquiry will be issued to such a Supplier by ONGC against anytype of tender nor their offer will be considered by ONGC against anyongoing tender(s) where contract between ONGC and that particularContractor (as a bidder) has not been concluded] for a period of twoyears from the date the order for putting the Contractor on holiday isissued. However, the action taken by ONGC for putting that Supplieron holiday shall not have any effect on other ongoing PO(s), if anywith that Supplier which shall continue till expiry of their term(s).

ii. Pending completion of the enquiry process for putting the Supplier onholiday, ONGC shall neither issue any tender enquiry to the defaultingSupplier nor shall consider their offer in any ongoing tender.

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Appendix – 1

Proforma of Bank Guarantee towards Performance Security.

PERFORMANCE GUARANTEE

Ref. No.____________________________ Bank Guarantee No ____________ Dated _______________________

To,

Oil & Natural Gas Corporation _____________________________ _____________________________ India

Dear Sirs,

1. In consideration of Oil & Natural Gas Corporation Limited, incorporatedunder the Companies Act, 1956, having its Registered Office at Jeevan Bharti,Tower-II , 124 Connaught Circus, New Delhi-110001, India and one of itsoffices at _____________________ (hereinafter referred to as `ONGC', whichexpression shall, unless repugnant to the context or meaning thereof, include allits successors, administrators, executors and assignees) having entered into acontract No. __________________ dated _______________ (hereinaftercalled 'the Contract' which expression shall include all the amendmentsthereto) with M/s __________________________ having its registered/headoffice at ______________________(hereinafter referred to as the 'Contractor')which expression shall, unless repugnant to the context or meaning thereofinclude all its successors, administrators, executors and assignees) andONGC having agreed that the Contractor shall furnish to ONGC a performanceguarantee for Indian Rupees .............. for the faithful performance of the entirecontract.

2. We (name of the bank) ______________________________ registeredunder the laws of _______ having head/registered office at

__________________________ (hereinafter referred to as "the Bank", whichexpression shall, unless repugnant to the context or meaning thereof, includeall its successors, administrators, executors and permitted assignees) dohereby guarantee and undertake to pay immediately on first demand in writingany /all moneys to the extent of Indian Rs./- (in figures) __________ [Indian Rupees/- (in words)_____________________________] without any

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demur, reservation, contest or protest and/or without any reference to theContractor. Any such demand made by ONGC on the Bank by serving a writtennotice shall be conclusive and binding, without any proof, on the bank as regardsthe amount due and payable, notwithstanding any dispute(s) pending beforeany Court, Tribunal, Arbitrator or any other authority and/or any other matteror thing whatsoever, as liability under these presents being absolute andunequivocal. We agree that the guarantee herein contained shall be irrevocableand shall continue to be enforceable until it is discharged by ONGC in writing.This guarantee shall not be determined, discharged or affected by theliquidation, winding up, dissolution or insolvency of the Contractor and shallremain valid, binding and operative against the bank.

3. The Bank also agrees that ONGC at its option shall be entitled to enforcethis Guarantee against the Bank as a principal debtor, in the first instance,without proceeding against the Contractor and notwithstanding any security orother guarantee that ONGC may have in relation to the Contractor's liabilities.

4. The Bank further agrees that ONGC shall have the fullest liberty without ourconsent and without affecting in any manner our obligations hereunder to varyany of the terms and conditions of the said contract or to extend time ofperformance by the said Contractor(s) from time to time or to postpone for anytime or from time to time exercise of any of the powers vested in ONGCagainst the said Contractor(s) and to forbear or enforce any of the terms andconditions relating to the said agreement and we shall not be relieved from ourliability by reason of any such variation, or extension being granted to the saidContractor(s) or for any forbearance, act or omission on the part of ONGC orany indulgence by ONGC to the said Contractor(s) or any such matter or thingwhatsoever which under the law relating to sureties would, but for this provision,

have effect of so relieving us.

5. The Bank further agrees that the Guarantee herein contained shall remain infull force during the period that is taken for the performance of the contract andall dues of ONGC under or by virtue of this contract have been fully paid andits claim satisfied or discharged or till ONGC discharges this guarantee inwriting, whichever is earlier.

6. This Guarantee shall not be discharged by any change in our constitution, inthe constitution of ONGC or that of the Contractor.

7. The Bank confirms that this guarantee has been issued with observanceof appropriate laws of the country of issue.

8. The Bank also agrees that this guarantee shall be governed andconstrued in accordance with Indian Laws and subject to the exclusive

jurisdiction of Indian Courts of the place from where the purchase order hasbeen placed.

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9. Notwithstanding anything contained hereinabove, our liability under thisGuarantee is limited to Indian Rs./ (in figures) ______________ [Indian Rupees/-(in words) ____________________] and our guarantee shall remain inforce until ______________________.(indicate the date of expiry of bankguarantee)

Any claim under this Guarantee must be received by us before theexpiry of this Bank Guarantee. If no such claim has been received by us by thesaid date, the rights of ONGC under this Guarantee will cease. However, if sucha claim has been received by us within the said date, all the rights of ONGCunder this Guarantee shall be valid and shall not cease until we have satisfiedthat claim.

In witness whereof, the Bank through its authorised officer has set itshand and stamp on this ........ day of ........ 20 at .....................

WITNESS NO. 1

-------------------------- -------------------------(Signature) (Signature)

Full name and official Full name, designation andaddress (in legible letters) address (in legible letters)

with Bank stamp

Attorney as per Power ofAttorney No.............Dated ....................

WITNESS NO. 2

--------------------------(Signature)

Full name and officialaddress (in legible letters)

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INSTRUCTIONS FOR FURNISHING PERFORMANCE GUARANTEE

1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamppaper /franking receipt as per stamp duty applicable at the place from where thepurchase order has been placed. The non-judicial stamp paper /franking receiptshould be either in name of the issuing bank or the contractor.

2. The expiry date as mentioned in clause 9 should be arrived at by adding60 days to the contract completion date unless otherwise specified in the biddingdocuments/Purchase order.

3. The Bank Guarantee by Indian bidders will be given fromNationalised/Scheduled Banks only.

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Appendix – 2

From : M/s __________________________________ __________________________________ __________________________________ NO. DATE :

TOHEAD, QUALITY ASSURANCE DIVISION,OIL & NATURAL GAS CORPORATION LTD...................................................................................................................................................................

SUB: INTIMATION REGARDING READINESS OF MATERIALS FORSTAGE/FINAL INSPECTION.

REF : SUPPLY ORDER NO. _______________________________ ___________________________DATED ________________

Sir,Against subject supply order, the materials are ready

for inspection as follows (strike out which is not applicable ) :

i) Full Quantity as specified in the Supply Order.ii) Materials ready only in part quantities

Item No. Qty. Ordered Qty. Ready-------- ------------------ ---------------

iii) Materials are ready for Ist/IInd/Final Stage as per Quality Plan already approved.iv) Materials are ready after Ist Rework/IInd Rework in full quantity.Our factory is closed on ___________ for weekly off.Kindly arrange to inspect the materials accordingly.On arrival, please contact Mr. _____________________of our firm (Phone No.

_____________), who will coordinate the job of inspection.

Yours faithfully,

(Signature with name andfull address of supplier)

Copy for information to Order Placing Authority

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ANNEXURE-III

SPECIFICATIONS OF SPECIFIC INDIGENOUS CHEMICALS

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ANNEXURE-B

STANDARD PROCEDURE OF SAMPLING/BONDING OF CHEMICALS

(A) Sampling of Solid Chemicals

The sampling/bonding job is the responsibility of the Chemistrepresentative. The sample is to be drawn by Chemist, who has also toensure that the party offering the material has to provide the requiredfacility for uniform random coverage and does not obstruct the job qualityin any manner.The supplier/were housing agency/manufacturer-offering bulk-materialshall be liable to ensure the following arrangements before sampling & bonding.

a) A safe Godown/warehouse located suitably and it must be incomplete custody/security supervision of the supplier from offer of the material to completion of despatch of the material to theconsignee/MM Divns. Of ONGC through compliance of Formsprocedures as applicable. The godown should also protect thematerial from bad weather.

b) The warehouse shall preferably have separate enclosure free spaceswhere the material covered under sampling/bonding certificate of sampling/bonding exercise by the chemist can be securely anddistinctly thread bonded & sealed and locked if possible.

c) Adequate space to move around and have access to anybag/container that the chemist chooses for sampling should beavailable. Proper height of stack, making passages to coversampling thoroughly is obligatory. In view of the responsibility of the chemist to have complied with the procedures of sampling,sampling chemist is empowered to exercise discretion in this regardon the party offering the material to create these facilities withoutwhich sampling may be refused as it may not end up with arepresentative sample of whole stack as desired i.e. representativesample of the whole stack.

d) Items required for sampling/bonding. Sampling scope/sampler,

thread,, needle, lead, sealing wax, bucket, polythene lined emptybags for mixing of sample and empty bags for mixing of sampleand empty packing of same specifications as in supply order etc. tobe provided by the supplier.

Sampling is to be carried out as per procedure given below :1. Sampling will be done from a stack

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c) One sample to be retained by the supplier.

PACKING AND MARKINGAs attached alongwith specification

(B) SAMPLING OF LIQUID CHEMICALS AND ADDITIVES

The sampling is to be carried out as per procedure given below :

1. Sampling will be done from a stack.2. Each stack shall not exceed 250 Drums/barrels/containers/Jerycans

etc. ( Whichever is less).3. Each stack will be placed properly and separately4. The stack shall be accessible from all the sides for proper sampling5. The containers/barrels/drums etc. should preferably be placed in

single layer.6. The sample will be drawn by ONGC chemist in presence of

representatives of the firm.7. The sample will be withdrawn from 10% number of

drums/containers at random from the stack.8. The containers to be stacked in such a manner that it is feasible to

draw sample from each member of the group.9. The containers if these are round can be rolled for 10-20 minutes

each, so that the inside contents are uniformly mixed. The followingsupport items for the job must be available.

i) A liquid pump for emptying Barrel/containerii) A hollow metallic tube with a sliding solid insert rod suitable to slidefull Length of the hollow tube.

iii) Stainless steel/enameled bucket in which the material to besampled has no chemical action.

iv) Few empty containers conforming to specification.v) Manpower for handling the barrels/containers

10. Randomly examine/prove the uniformity of some homogenisedbarrels by pouring out the full contents into another emptycontainer. Visually ensure uniformity; and the same may be

recorded in the sampling/bonding certificate.c) Choose few barrels at random and ensure that they are free from

sludge. To do this, the hollow tube may be inserted upto bottomfrom then barrel opening and taken out. In case of the sludge andsame will plug the bottom of the tube and liquid will be supportedwithout top close, rather easily. With the insert tube, presence of

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the sludge can be confirmed. This will be visually noticeable intranslucent polythene containers.

d) In case the sludge material is of thermodynamic origin separatingout due to temperature cycles, allow to attain equilibrium, Roll the

containers if they are Drums, Jerrycans can be shaken carefullykeeping the handling hazard in mind. At the end of this exercise theentire contents must be easily homogenized and parable to emptycontainers without visual change in the flow.

e) For Sampling and verifying the barrel for uniformity of content, thebarrel pump shall also be immersed to full depth. Slowly withdrawthe barrel pump after drawl of the sample. The lower end may beseen for any abnormal sludge.

With this the sampling can be carried out from a randomly chosenpopulation of containers. For better discretion all the members chosen forsampling may be stacked together as a sub-stack of the same stack at anidentified location of the stack.

11. The sample from individual barrels is collected in the bucket, mixedthoroughly and packed 500 ml. Each in suitable, unreactive, leak-proof, sea-label containers. Each sample container will be closedwith lead proof stopper, called and sealed with ONGC and suppliersseal.

12. The distribution of four samples will be as follows :

a) Two samples to be sent to testing labb) One sample for Material Management Deptt.c) One sample to be retained by the supplier.

PACKING & MARKINGAs attached alongwith specification.

GENERAL (AS PER GENERAL I.S.I. METHODOLOGY FOR SAMPLING)

1. Precautions shall be taken to protect the samples, the materialbeing sampled, the sampling instrument and the container forsamples from adventitious contamination.

2. To draw a representative sample, the contents of each containerselected for sampling shall be mixed as thoroughly as possible bysuitable means.

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3. The sample shall be placed in suitable, clean, dry and airtight glassor other suitable containers on which the material has no action.

4. Each sample container shall be sealed airtight after filling andmarked with full details of sampling, the date of sampling and the

year of manufacture of the material.

SCALE OF SAMPLING

5. LOT- All the containers in a single consignment of the material of one grade and drawn from a single batch of manufacture shallconstitute a lot. If a consignment is declared or known to consist of different grades or batches of manufacture, the containersbelonging to the same grade and batch shall be grouped togetherand each such group shall constitute a separate lot.

6. Sample shall be tested from each stack for ascertaining conformityof the material to the requirements of the specification.As the sampling operation has to be practical in terms of physicalaccessibility of each container/bag/packing, stability for threadbonding, the specified quantity is to be grouped in one stack. Thiswill be referred to as stack number and will be covered under onesampling/bonding certificate.

7. The containers to be selected for sampling shall be chosen atrandom from the log/stack and for this purpose random numbertables shall be used.

Alternatively when the random tables are not available thecontainers may be numbered serially 1,2,3 …………… . and so on.Suppose, we have to take sample from 10% quantity then will be10 and thus continuous from 1 to r will cover 10 containers/bags.Sampling frequency should be so maintained that any randomposition in the continuous sequence if 1 to r (i.e.1 to 10) is counted,any one bag/container will be sampled.

PREPARATION OF TEST SAMPLES8. Draw with an appropriate sampling instrument a small portion of

the material from different parts of each container selected. Thetotal parts of each container selected. The total quantity of thematerial drawn from each container shall be sufficient to conduct

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the tests for all the characteristics given under 3 and shall notexceed 1 kg.

9. Thoroughly mix all portions of the material drawn from the same

container. Out of these portions a small but equal quantity shall betaken from each selected container and shall be well mixedtogether so as to form a composite sample weighing not less then600 g. This composite sample shall be divided into three equalparties: as for the purchaser, another for the supplier and the thirdto be used as reference sample.

10. The remaining portion of the material from each container (after asmall quantity needed for the formation of composite sample hasbeen taken) shall be divided into three equal parts, each partweighing not less than 100g. These parts shall be immediatelytransferred to thoroughly dried bottles, which are then sealed airtight with stoppers and labeled with all the particulars of samplingas per para 4 above. The material in each such sealed bottle shallconstitute an individual test sample. These individual samples shallbe separated into three identical sets of samples in such a way thateach container is selected. One of these three sets shall be sent tothe purchaser, another to the supplier and the third shall be usedas reference sample.

11. Reference Sample-The reference sample shall consist of the

composite sample (See para 9) and a set of individual samples (seepara 10) marked for this purpose and shall bear the seals of thepurchaser and the supplier. These shall be kept at a place agreed tobetween the purchaser and the supplier and shall be used in case of dispute between the two.

12. The standard method of sampling should be as per BIS:883 for allchemicals.

13. In case of Indian supplies, in the event of bulk samples failing toconform to supply order specification, the supplier will be asked to

reprocess it and offer again or offer fresh material against that lot.However if the product fails even second time, the supplier willhave the option to get it tested on payment basis in his presencefrom the same laboratory where it was tested earlier on followingconditions:-

i) ONGC will refund the testing fee if the earlier results are foundfaulty.

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ii) The supplier on his part will be debarred from participating in ONGCtenders for a period of one year, if the earlier results are confirmed

14. Before the material is dispatched. ONGC will undertake sampling

,bonding , testing and debonding of each lot at firm premises.

15. After the issue of detailed order, the supplier shall offer the materialfor sampling and bonding as per schedule of date of deliveryindicated in the supply order.

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ANNEXURE-IV.

BID EVALUATION CRITERIAA. VITAL CRITERIA FOR ACCEPTANCE OF BIDS: -Bidders are advised not to take any exception/deviations to the bid document. Ifexceptions /deviations are maintained in the bid, such conditional/ non-conformingbids shall not be considered and may be rejected outright..

B. REJECTION CRITERIAB.1 Technical rejection criteria

The following vital technical conditions should be strictly complied with, failingwhich

the bid will be rejected.

B.1.1 Bid should be complete in all aspects covering entire scope of supply andshould conform to the technical specifications indicated in the bid document.Incomplete and non-conforming bids will be rejected outright.

B.1.2 Edibility and Experience of the bidder :Bidder can be either actual Manufacturer or their sole selling agents / authorized distributors / authorized dealers / authorized supply houses.

B.1.2.1 Manufacturer ’s experience: - In case the bidder is a manufacturer of theoffered item (s), he should satisfy the following alongwith documentaryevidence, which should be enclosed alongwith the techno-commercial bid:

B.1.2.1 (a ) Minimum 02 (Two) years of experience of manufacturing of tendereditems . [For this purpose, the period reckoned shall be the period prior to thedate of opening of the techno-commercial bid].

B.1.2.1 (b) Should have manufactured and supplied minimum 30% of tenderedquantities of the tendered item to ONGC / Govt. Departments or some othercompanies of repute or to companies which are in the business of exploration& production and /or refining and/or processing of hydrocarbons, during thelast 05 (Five) years . [ For this purpose , the period reckoned shall be theperiod prior to the date of opening of the techno-commercial bid ].

Documentary evidence in respect of the above should be submitted in theform of copies of relevant Purchase Orders alongwith copies of any of thedocuments in respect of satisfactory execution of each of those PurchaseOrders, such as - (i) Satisfactory Inspection report (OR) (ii) Satisfactorysupply completion / Installation report (OR) (iii) Consignee Receipted DeliveryChallans (OR) (iv) Central Excise Gate Pass / Tax Invoices issued underrelevant rules of Central Excise / VAT (OR) (v) any other documentary

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evidence that can substantiate the satisfactory execution of each of thepurchase orders cited above.

B.1.2.2 In case the bidder is not a manufacturer, then the bidder is required to submit documentary evidence in respect of the above B.1.2.1(a) & B.1.2.1(b) of theconcerned manufacturer (having supplied such items either by manufacturer himselfor his distributor), along with the techno-commercial bid..

B.1.3. TEST REPORT

1.(i) No tender Sample is required to be submitted alongwith bid.

(ii) Bidder shall submit laboratory Test Report(s) in original or Notarized copy orphotocopy duly attested by an officer of the issuing lab of latest production batch ofthe item(s) quoted not older than one year from the date of opening Techno-commercial Bid, from any one of the laboratories indicated against the chemicals.

(iii) Such Test Report(s) should be in the name of bidder only. In case the TestReport is in the name of Manufacturer, the Test Report shall clearly indicate theresult against all the technical parameters given in the specifications.

(iv) Test Report in respect of bulk supplies made against ONGC Supply order, notolder than one year from the date of opening of Techno-commercial Bid, will also beaccepted, if the specifications of such order and the present tender are same. Biddermust submit copy of such supply order(s), in case issued from Asset/Basin/Regionsother than Tripura Asset, along-with the Test Report.

2. The bidder must indicate the place where the material will be offered forInspection/Sampling-Bonding and De-bonding at source to ONGC. The samples willbe tested at ONGC Laboratories as per ONGC specifications.

3. All the ordered items in full quantity shall be offered for sampling and bonding at atime, failing which supplier shall bear the expenditure for deputing sampling andbonding chemist and testing charges as prescribed by ONGC.

4. ONGC reserves the right to Test/inspect the material at destination which howevershall be resorted to only in cases where the supplied material fails in performance asreported by the user. In case the material is found substandard on such testing at

destination, the result of which shall be final and binding on supplier, the suppliershall re-place the material free of cost on freight pre-paid basis. An undertaking tothis effect shall be submitted along with the bid.5. The bidder must submit Material Safety Data Sheet ( MSDS) of the item quotedalong with Techno-Commercial bid. In case the same is not submitted with the bid ,an undertaking must be submitted to the effect that the same shall be submittedwith the material in case of placement of order .

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6. List of authorized / approved laboratories :List of authorized /approved laboratories having facilities for testing oil fieldchemicals in ONGCSlno.

Name ofchemical

RLPanvel

RLVadodara

RL.Sibasagar

RLChennai

RLRajahmundry

IDTDehradun

1 LostCirculationControlAdditive(LCCA)

Yes Yes No No No Yes

2 Causticised Lignite

Yes Yes No. Yes Yes Yes

3 Citric Acid Yes Yes No Yes Yes -----

4 GraphitePowder

Yes Yes Yes Yes Yes Yes

Note: Bidder must submit the sample of the tendered items to any of the laboratories listed above well in advance of closing /opening of techno- commercial bids so that enough time is available to the laboratories to test it and issue the test report in time. ONGC will not be responsible for any delay in issue of test report on ground what so ever .

B.1.4 Delivery period : Date of delivery shall be 60 days from the date of NOA,however, date of offering the material for sampling bonding shall beconsidered as date of delivery provided the material (s) passes(pass) theinspection.

B.2 Commercial rejection criteria:The following vital commercial conditions should be strictly complied withfailing which the bid will be rejected.

B.2.1 Eligibility of Bidders:Bidder should preferably be a Manufacturer. In case the bidder is not a

manufacturer, its bid can also be considered provided such bid is accompaniedwith back-up authority letter from the concerned manufacturer, who authorizesthem to market their product provided further, such an authority letter is valid atthe time of bidding and should remain valid during the entire execution period ofthe order. Required warranty cover of the manufacturer (as per the warrantyclause .. of the bid document) for the product will be provided by such a bidderand an undertaking to this effect shall be provided by the bidder in the techno-commercial bid. Offers without back-up authority letter from manufacturers willnot be considered.

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B.2.2 Proof of the sale/issue of bid document :

The forwarding letter, in original, for the sale/issue of the Bid document, dulysigned by tender issuing officer, will be sent by the bidder along with the offer.In case the Bid document has been received free of cost, bidder must alsosubmit the forwarding letter along with valid Registration certificate.

B.2.3 Acceptance of terms and conditions:The bidder must submit an undertaking along with their techno-commercialbid that all conditions as contained in the ‘Instructions to bidders ’ atAnnexure-I and ‘General Terms & Conditions ’ at Annexure -II are acceptableto them unconditionally.

B.2.4 Bid should be submitted in Two Bid system in two separate envelopes. TheTechno Commercial bid shall contain all details but with the price column of

the price bid format blanked out. However, a tick mark ( ) shall be providedagainst each item of the price bid format to indicate that there is a quoteagainst this item in the Priced bid. The Priced bid shall contain only theprices duly filled in as per the price bid format.

B.2.4.1 The offers of the bidders indicating/disclosing prices in techno-commercial(un-priced bid) or at any stage before opening of price-bid shall bestraightaway rejected.

B.2.5 Offers of following kinds will also be rejected:(a) Offers made without Bid Bond/Bank Guarantee/Earnest money alongwith

the offer (Refer clause 23 of Instructions to Bidders {Annexure-I of TenderDocument }).

(b) Telex / Telegraphic / Fax / e-Mail / Xerox / Photo copy offers and bids withscanned signature. Original bids which are not signed manually.

(c) Offers which do not confirm unconditional validity of the bid for 90 days fromthe date of opening of bid.

(d) Offers where prices are not firm and /or with any qualifications.(b) Offers which do not conform to ONGC ’s price bid format at Appendix 9 of

Annexure – I of the Tender document.

(c) Offers which do not conform to the delivery/ completion period indicatedin the bid document i.e. 60 days from the date of NOA ( Notification ofAward )

(g) Offers not accompanied with an undertaking to provide all the necessarycertificates / documents for enabling ONGC to avail Input VAT credit andCENVAT credit benefits (wherever applicable),in respect of the payments

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of VAT, Excise Duty, Service Tax etc. which are payable against thecontract (if awarded), alongwith documentary evidence for payment ofExcise Duty and Service Tax.

(h) Offers not accompanied with a declaration that neither the biddersthemselves, nor any of its allied concerns, partners or associates ordirectors or proprietors involved in any capacity, are currently serving anybanning orders issued by ONGC debarring them from carrying on businessdealings with ONGC.

B.2.6 EMDThe bidders may quote for any number of items. However, they are to quote fullquantity of that item(s). Item wise EMD/ bid bond amount are as under:

Sl.No.

Item description andmat code

Qty Amount of EMD/ BidBond

( Rs)1 Lost Circulation Control

Additive (LCCA)50 MT 49905.00

2 Causticised Lignite 250 MT 72800.00

3 Citric Acid 9000 Kg 12060.00

4 Graphite Powder 9000 Kg. 15480.00

Total 150245.00

In case ,bidder quoting for all the 04 items , the amount of EMD shall be Rs150245.00

C . PRICE EVALUATION CRITERIA:

C.1.I Bids will be evaluated item-wise on FOR Destination basis ( on Door DeliveryBasis) inclusive of all taxes and duties etc. as per the price format.

Bidder may quote for any number of item (s) and shall submit EMD accordingly forquoted item(s). However, they have to quote for full quantity for that item , failingwhich bid will not be considered for that particular item ( s).

C.1.II If Customs Duty/Excise Duty/Sales Tax/Service Tax are being taken intoaccount for the purpose of evaluation of bids then the rate of Customs Duty/ExciseDuty/Sales Tax Service Tax as prevailing on the date of bid closing/date of revisedprice bid closing as the case may be will be taken into consideration for the purposeof evaluation of bids. However, if there is any change in the rate of CustomsDuty/Excise Duty /Sales Tax Service Tax after the date of bid closing/date of revisedprice bid closing but prior to award of the contract due to which there is any change in

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the original ranking of Bidders, then the Bidder who has emerged lowest based onthe rate of Customs Duty/Excise Duty/Sales Tax Service Tax as prevailing on thedate of bid closing/bid submission/opening of revised prices would be considered foraward of contract but subject to matching his prices with the Bidder who has emergedlowest as a result of modification in duties & taxes. In case originally evaluated L-1Bidder fails to match the price (with the Bidder who emerges L-1 due to change inDuties) then the award of contract will go to the Bidder who subsequently emerges L-1 due to change in Duties.

C.2 Price Preference to Small Scale Sectors registered with NSIC:(a) ONGC reserves the right to allow to Small Scale Sectors registered with NSIC

purchase preference facility as admissible as per existing Government policy.

(b) The bidders are requested to check the latest position on the subject on theirown and ONGC does not accept any liability whatsoever, on this account.

C.3 Import Content: Indian bidders must indicate in their bid, the following details

of the import content , if any, (i) list of materials to be imported, (ii) the quantity,(iii) their CIF value, (iv) relevant Customs tariff and (v) currency(ies) involvedthereof, in the supply which shall be indicated in the supply order / contract.

D GeneralD.1 Discount: Bidders are advised not to indicate any separate discount. Discount,

if any should be merged with the quoted prices. Discount of any type indicatedseparately will not be taken into account for evaluation purpose. However in theevent such offer without considering discount is found to be lowest, Corporationshall avail of such discount at the time of award of contract.

D.2 The bidder/contractor is prohibited from offering any service / benefit of anymanner to any employee of ONGC and that the contractor may suffer summarytermination of contract / disqualification in case of violation.

D.3 On site inspection will be carried out by ONGC ’s officers / representative /ThirdParties at the discretion of the ONGC.

D.4 The BEC over-rides all other similar clauses operating anywhere in the BidDocuments.

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should satisfy the following alongwithdocumentary evidence, which should beenclosed alongwith the techno-commercial bid:

Dealer

B.1.2.1(a)

Minimum 02 (Two) years of experience ofmanufacturing of tendered items . [For thispurpose, the period reckoned shall be theperiod prior to the date of opening of thetechno-commercial bid].

ConfirmedNot confirmed

B.1.2.1(b)

Should have manufactured and suppliedminimum 30% of tendered quantities of thetendered item to ONGC / Govt. Departments orsome other companies of repute or tocompanies which are in the business ofexploration & production and /or refining and/orprocessing of hydrocarbons, during the last 05(Five) years . [ For this purpose , the periodreckoned shall be the period prior to the date ofopening of the techno-commercial bid ].

Documentary evidence in respect of the aboveshould be submitted in the form of copies ofrelevant Purchase Orders alongwith copies of

any of the documents in respect of satisfactoryexecution of each of those Purchase Orders,such as - (i) Satisfactory Inspection report (OR)(ii) Satisfactory supply completion / Installationreport (OR) (iii) Consignee Receipted DeliveryChallans (OR) (iv) Central Excise Gate Pass / Tax Invoices issued under relevant rules ofCentral Excise / VAT (OR) (v) any otherdocumentary evidence that can substantiatethe satisfactory execution of each of thepurchase orders cited above.


CompliedNot complied

B.1.2.2 In case the bidder is not a manufacturer, thenthe bidder is required to submit documentaryevidence in respect of the above B.1. 2.1(a) &B.1.2.1(b) of the concerned manufacturer (having supplied such items either by manufacturer himself or his distributor), along


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with the techno-commercial bid.

B.1.3 TEST REPORT

1. (i) No tender Sample is required to besubmitted alongwith bid. Complied

Not complied(ii) Bidder shall submit laboratory TestReport(s) in original or Notarized copy orphotocopy duly attested by an officer of theissuing lab of latest production batch of theitem(s) quoted not older than one year from thedate of opening Techno-commercial Bid, fromany one of the laboratories indicated againstthe chemicals.


(iii) Such Test Report(s) should be in the nameof bidder only. In case the Test Report is in thename of Manufacturer, the Test Report shallclearly indicate the result against all thetechnical parameters given in thespecifications.


(iv) Test Report in respect of bulk suppliesmade against ONGC Supply order, not olderthan one year from the date of opening ofTechno-commercial Bid, will also be accepted,if the specifications of such order and thepresent tender are same. Bidder must submitcopy of such supply order(s), in case issuedfrom Asset/Basin/Regions other than TripuraAsset, along-with the Test Report..


B.1.3.2 The bidder must indicate the place where thematerial will be offered for Inspection/Sampling-Bonding and De-bonding at source to ONGC.The samples will be tested at ONGCLaboratories as per ONGC specifications.


B.1.3.3 All the ordered items in full quantity shall beoffered for sampling and bonding at a time, Agreed

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the concerned manufacturer, who authorizesthem to market their product provided further,such an authority letter is valid at the time ofbidding and should remain valid during theentire execution period of the order. Requiredwarranty cover of the manufacturer (as per thewarranty clause .. of the bid document) for theproduct will be provided by such a bidder andan undertaking to this effect shall be providedby the bidder in the techno-commercial bid.Offers without back-up authority letter frommanufacturers will not be considered.

B.2.2 Proof of the sale/issue of bid document :

The forwarding letter, in original, for the

sale/issue of the Bid document, duly signed bytender issuing officer, will be sent by thebidder along with the offer. In case the Biddocument has been received free of cost,bidder must also submit the forwarding letteralong with valid Registration certificate.

SubmittedNot submitted

B.2.3 Acceptance of terms and conditions:

The bidder must submit an undertaking alongwith their techno-commercial bid that allconditions as contained in the ‘Standard

Booklet ’ enclosed with the tender document(including the ‘Instructions to bidders ’ atAnnexure-I and ‘General Terms & Conditions ’ at Annexure-II) are acceptable to themunconditionally.


B.2.4 Bid should be submitted in Two Bid system intwo separate envelopes. The TechnoCommercial bid shall contain all details butwith the price column of the price bid formatblanked out. However, a tick mark ( ) shall

be provided against each item of the price bidformat to indicate that there is a quote againstthis item in the Priced bid. The Priced bidshall contain only the prices duly filled in asper the price bid format.

SubmittedNot submtted

B.2.4.1 The offers of the bidders indicating/disclosingprices in techno-commercial (un-priced bid) or

AgreedNot agreed

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at any stage before opening of price-bid shallbe straightaway rejected.

B.2.5 Offers of following kinds will also be rejected:

B.2.5 (a) Offers made without Bid Bond/BankGuarantee/Earnest money alongwith the offer(Refer clause 23 of Instructions to Bidders{Annexure-I of Tender Document }).


B.2.5 (b) Telex / Telegraphic / Fax / e-Mail / Xerox / Photo copy offers and bids with scannedsignature. Original bids which are not signedmanually.


B.2.5 (c) Offers which do not confirm unconditionalvalidity of the bid for 90 days from the date ofopening of bid.


B.2.5 (d) Offers where prices are not firm and /or withany qualifications..


B.2.5 (e) Offers which do not conform to ONGC ’s pricebid format at Appendix 9 of Annexure – I of theTender document.


B.2.5 (f) Offers which do not conform to the delivery/ completion period indicated in the biddocument i.e. 60 days from the date of NOA (Notification of Award)


B.2.5 (g) Offers not accompanied with an undertaking toprovide all the necessary certificates / documents for enabling ONGC to avail InputVAT credit and CENVAT credit benefits(wherever applicable),in respect of thepayments of VAT, Excise Duty, Service

Tax etc. which are payable against thecontract (if awarded), alongwith documentaryevidence for payment of Excise Duty and

Service Tax.


B.2.5(h) Offers not accompanied with a declaration thatneither the bidders themselves, nor any ofits allied concerns, partners or associates ordirectors or proprietors involved in anycapacity, are currently serving any banning ordeissued by ONGC debarring them from carrying


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business dealings with ONGC.B.2.6 Whether the bidder has submitted EMD for

their quoted items ( s)Confirmed

Not confirmedNot Applicable

C. Price Evaluation Criteria:

C.1.I Bids will be evaluated item-wise on FORDestination basis ( on Door Delivery Basis)inclusive of all taxes and duties etc. as per theprice format.

Bidder may quote for any number of item (s)and shall submit EMD accordingly for quoteditem(s). However, they have to quote for fullquantity for that item , failing which bid willnot be considered for that particular item ( s).


C.1.II If Customs Duty/Excise Duty/SalesTax/Service Tax are being taken into accountfor the purpose of evaluation of bids then therate of Customs Duty/Excise Duty/Sales TaxService Tax as prevailing on the date of bidclosing/date of revised price bid closing as thecase may be will be taken into considerationfor the purpose of evaluation of bids. However,if there is any change in the rate of CustomsDuty/Excise Duty /Sales Tax Service Tax afterthe date of bid closing/date of revised price bidclosing but prior to award of the contract due towhich there is any change in the originalranking of Bidders, then the Bidder who hasemerged lowest based on the rate of CustomsDuty/Excise Duty/Sales Tax Service Tax asprevailing on the date of bid closing/bidsubmission/opening of revised prices would beconsidered for award of contract but subject tomatching his prices with the Bidder who hasemerged lowest as a result of modification induties & taxes. In case originally evaluated L-1Bidder fails to match the price (with the Bidderwho emerges L-1 due to change in Duties)then the award of contract will go to the Bidderwho subsequently emerges L-1 due to changein Duties.

AgreedNot agreed

C.2 Purchase preference to Small Scale

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Sectors :

C.2. (a) ONGC reserves the right to allow to SmallScale Sectors registered with NSIC purchasepreference facility as admissible as per existingGovernment policy.

AgreedNot agreed

C.2.(b) The bidders are requested to check the latestposition on the subject on their own and ONGCdoes not accept any liability whatsoever, onthis account.

AgreedNot agreed

C.3 Import Content: Indian bidders must indicatein their bid, the following details of the importcontent , if any, (i) list of materials to beimported, (ii) the quantity, (iii) their CIF value,(iv) relevant Customs tariff and (v)currency(ies) involved thereof, in the supplywhich shall be indicated in the supply order / contract.

CompliedNot Complied

Not applicable

D. General:

D.1 Discount: Bidders are advised not to indicateany separate discount. Discount, if any shouldbe merged with the quoted prices. Discount ofany type indicated separately will not be takeninto account for evaluation purpose. However

in the event such offer without consideringdiscount is found to be lowest, Corporationshall avail of such discount at the time ofaward of contract.


D.2 The bidder/contractor is prohibited fromoffering any service / benefit of any manner toany employee of ONGC and that thecontractor may suffer summary termination ofcontract / disqualification in case of violation.

AgreedNot Agreed

D.3 On site inspection will be carried out by

ONGC ’s officers / representative /Third Partiesat the discretion of the ONGC.

Agreed

Not agreed

D.4 The BEC over-rides all other similar clausesoperating anywhere in the Bid Documents.

AgreedNot Agreed

Name, Signature & Seal of Bidder

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ANNEXURE – V.( Ref: BEC Clause No. B.2.3 )

UNDERTAKING

I / we hereby undertake that all the conditions as contained in the tenderdocument including the “ Instructions to Bidders ” at Annexure – I and “ GeneralTerms and Conditions ” at Annexure -II are acceptable to us unconditionally.

( Signature of the bidder with seal ).

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ANNEXURE – VI.( Ref: BEC Clause No. B.5.(g )

UNDERTAKING

I / we hereby undertake that we will provide all the necessary certificates / documents for enabling ONGC to avail Input VAT credit and CENVAT creditbenefits (wherever applicable), in respect of the payments of VAT, Excise Duty,Service Tax etc. which are payable against the contract (if awarded), alongwithdocumentary evidence for payment of Excise Duty and Service Tax.


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ANNEXURE – VI.( Ref: BEC Clause No. B.2.5 (h) )

DECLARATION

I / we hereby undertake that neither we, nor any of the our allied concerns, partnersor associates or directors or proprietors involved in any capacity , are currentlyserving any banning orders issued by ONGC debarring us from carrying anybusiness dealing with ONGC..
