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TENDER DOCUMENT
(Document No : B224-TENDER_DOC-B224-110-86-41-PM-T-7210)
Page 1 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
B224- A TENDER DOCUMENT 24
TENDER_DOC-
B224-110-86-41-PM-
T-7210
B224-110-86-41-PM- B EPCC-10 ( VGO-HDT & PSAOFF GAS RECOVERY) 658
T-7210
B224-110-86-41-SP- 0 Check list for bid completion 659
35
B224-110-16-43- A TECHNICAL CONFIRMATION LIST (PIPING) EPCC-10 662
TCL-0001
B224-110-80-43-CL- C TECHNICAL CONFIRMATION LIST 667
7210
B224-110-17-44- A TECHNICAL CONFERMATION FOR VGO HDT & OFF GAS PSA 673
TQS-5000
B224-110-81-41- A TECHNICAL CONFIRMATION LIST 676
TCL-7210
B224-110-16-50-LL- A Technical Compliance List 679
7210
B224-110-16-51- A TECHNICAL COMPLIANCE (INSTRUMENTATION) 683
TCL-7210
B224-110-80-45-TQ- 0 TECHNICAL COMPLIANCE (FIRED HEATER) 685
0001
B224-110-27-44-X- 0 MISC. REPORT (HO) 687
B224-00-110-19-41- 0 TECHNICAL COMPLIANCE FORMAT CONSTRUCTION 688
TC01
B224-110-86-41-SP- 0 Requirement for Preparation of Project Execution 690
20 Rev.1
B224-000-86-41-DP- 0 CONCESSION/DEVIATION PERMIT 718
7201_
B224-000-86-41-SP- 0 Project Procedure 720
21A
B224-000-86-41-SP- 0 ORGANISATION 723
22 Rev1
B224-000-86-41-SP- 0 Coordination and Communication 726
23 Rev1
RNOD FORMAT 0 Record note of discussion format 738
Annex II
B224-000-86-41-SP- 0 Meeting 739
24A
B224-000-86-41-SP- 0 Reporting 745
25A
B224-000-86-41-SP- 0 Procurement & Subcontracting 748
26A
B224-00-110-19-41- 0 CONSTRUCTION SUPERVISION AND MANAGEMENT 757
0001
B224-110-27-44-0- 0 JOB SPECIFIC PLANNING PROCEDURES FOR LSTK 1035
1003 CONTRACTOR/ PACKAGE CONTRACTOR
B224-B229-6-82- 0 MISCELLANEOUS 1096
0001
B224-000-86-41-SP- 0 Project Cost Control 1192
32_
B224-000-86-41-SP- 0 Closing Of Contract 1195
33_
B224-6-78-0001 0 MISCELLANEOUS 1200
6-78-0002 1 Specification for documentation requirement from contractors 1208
6-78-0003 1 Specification for documentation requirement from suppliers 1217
Page 2 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-86-41- 0 Special Technical Requirements 1226
SCT-01 Rev.1
B224-110-86-41- 0 SCT- Annex1 1241
SCT-Annex1 Rev1
B224-101-86-41- 0 MISCELLANEOUS 1244
SCT- ANNEX2
B224-110-16-43-SL- A MANDATORY SPARE PARTS (PIPING) EPCC-10 1249
0001
B224-110-80-43-SL- A MANDATORY SPARES-STATIC & MACHINERY EQUIPMENT 1251
7210
B224-110-17-44-SL- A MENDATORY SPARE PARTS 1258
5000
B224-110-16-50-SL- A MANDATORY SPARE LIST 1260
7210
B224-110-16-51-SL- 0 MANDATORY SPARES LIST (INSTRUMENTATION) 1265
01
B224-110-80-45- 0 MANDATORY SPARES 1267
MDX-0001
B224-000-86-41-SP- 0 Documentation and Software Requirements 1270
34 Rev1
B224-110-16-43- A VENDOR DATA REQUIREMENTS FOR OWNER/PMC REVIEW 1287
VDR-7210 OF PIPING WORK , EPCC-10 PACKAGE
B224-110-80-43- A VENDOR DATA REQUIREMENTS 1291
VDR-7210
B224-110-17-44- A VENDOR DOCUMENT REVIEW FOR VGO HDT AND REFINERY 1300
VDR-4001 OFF GAS PSA
B224-110-81-41- A VENDOR DATA REQUIREMENT FOR VGO HDT 1307
VDR-7210
B224-110-16-50-VR- A VENDOR DATA REQUIREMENTS 1312
7210
B224-110-16-51- A VENDOR DATA REQUIREMENTS (INSTRUMENTATION) 1316
VDR-7210
B224-110-80-45- A VENDOR DATA REQUIREMENTS (FIRED HEATER) 1320
VDR-7210
B224-110-2-44-VDR- B VENDOR DATA REQUIREMENT for heaters / exchangers thermal 1323
0001 requirements including burners
B224-110-86-41-SP- 0 Documents for licensor review 1326
36
B224-101-86-41-VL- 0 VENDOR LIST 1328
01
B224-110-86-41- 0 Licensor vendor list 2157
LVL-01
B224-79-41-BEDP- 0 VGO HDT BASIC ENGINEERING DESIGN PACKAGE 2168
110
B224-79-41-116-01 0 PROCESS SPECIFICATIONS ¿ ROG PSA 7151
B224-000-79-41- 0 PASSIVATION OF COOLING WATER SYSTEM 7160
CCS-001_Rev0
B224-000-79-41- 0 AMINE CIRCUIT DEGREASING 7168
CCS-003_Rev0
B224-000-79-41- 0 EXTERNAL CHEM CLEANING OF SS WELDS 7172
CCS-011_Rev0
B224-000-79-41- 3 Specification for surface preparation & protective coating 7175
PLS-01
B224-000-79-41- 0 WELDING SPECIFICATION CHARTS FOR PIPING CLASSES 7222
WSC-01
B224-000-79-41- 0 CHEMICAL CLEANING OF STEAM GENERATORS 7244
CCS-007_Rev0
Page 3 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
B224-000-79-41- 0 CHEM CLEANING OF COMPRESSOR CIRCUIT 7249
CCS-005_Rev0
B224-000-79-41- 0 JOB SPECIFICATION FOR EXTERNAL COATING OF BURIED 7262
PLS-04 PIPING AND FITTINGS
B224-000-79-41- 0 ALKALI BOILOUT PROCEDURE 7267
CCS-008_Rev0
B224-000-79-41- 0 CHEM CLEANING OF VHP/HP STEAM PIPING 7271
CCS-004_Rev0
B224-000-79-41- 0 CHEMICAL CLEANING MARK-UP VGOHDT 7275
SPC-VGOHDT
B224-110-86-41-SP- 0 Introduction and Brief Description 7310
01 Rev.1
B224-110-86-41-SP- 0 Preamble to scope of work 7318
02
B224-79-41-EPC- 1 Process engineering in EPCC scope 7322
110 R0
B224-110-16-43- A SCOPE OF WORK & SUPPLY 7632
SOW-0001
B224-110-80-43- C SCOPE OF SUPPLY / WORKS-STATIC & MACHINERY 7661
SOW-7210 EQUIPMENT
B224-110-17-44- A SCOPE OF WORKS FOR VGO HDT & OFF GAS PSA 7701
SOW-5000
B224-110-81-41- E SCOPE OF WORK (STRL,ARCH. & CIVIL) - VGO HDT 7710
SOW-7210
B224-110-16-50- B SCOPE OF SUPPLY & WORK (ELECTRICAL) 7732
SOW-7210
B224-110-16-51- B SCOPE OF WORKS (INSTRUMENTATION) 7749
SOW-7210
B224-110-80-45-SW- 0 SCOPE OF WORK AND SUPPLY 7765
0001
B224-5-1842-0005_ 0 Inspection Methodology 7769
B224-110-17-43- 0 HAZARD AND OPERABILITY STUDY PROCEDURE 7802
0002
B224-110-17-43-SIL- 0 GUIDELINES FOR LAYER OF PROTECTION ANALYSIS & SIL 7811
0001 STUDY
B224-110-17-43- 0 GUIDELINES FOR GAS DETECTOR MAPPING STUDY 7831
0003
B224-110-17-43- 0 GUIDELINES FOR PROJECT HSE REVIEW STUDY 7837
0004
B224-110-16-43- A PIPING BATTERY LIMIT SCOPE DRAWING EPCC-10 7845
3001
B224-110-16-50-OD- A BATTERY LIMIT INTERFACE 7846
7210
B224-110-16-51-OD- B BATTERY LIMIT INTERFACE 7854
7210
B224-999-16-43- 0 ENGINEERING DESIGN BASIS(PIPING) 7860
EDB-1001_0
B224-999-16-43- 0 ADDENDUM TO ENGINEERING DESIGN BASIS 7904
ADD-1001
B224-101-80-43- 0 DESIGN BASIS STATIC EQUIPMENT & ANNEXURE-1 7906
EDB-1001
B224-999-80-43- A Engineering Design Basis (Packaged Equipment) 7949
EDB-1002
B224-999-80-43- 1 Engineering Design Basis - Rotating Equipment 7979
EDB-1003
B224-999-81-41- 1 Engineering Design Basis (Structural, GC, Arch.) 8007
EDB-1001
Page 4 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
B224-999-80-45- 0 Engineering Design Basis (FEM) 8075
EDB-1001
B224-999-16-50-DB- 1 ELECTRICAL DESIGN BASIS 8088
1001
B224-110-16-51-DB- A DESIGN BASIS (INSTRUMENTATION) 8134
1001
B224-000-16-54-DB- 0 SITE SPECIFIC SEISMIC SPECTRA 8184
0001
B224-000-17-44- B EDB Plot Plan and Fire Protection System 8190
EDB-0001
B224-110-16-43-LL- A LIST OF JOB SPECIFICATIONS (PIPING) EPCC-10 8208
0001
B224-6-44-0005- B PIPING MATERIAL SPECIFICATION 8210
7210
B224-6-44-0006- B VALVE MATERIAL SPECIFICATION 8506
7210
B224-6-44-0083 A REQUIREMENTS FOR WET H2S/HIC SERVICES (AXN-1, AXN- 8738
2, AXN-3 & AXN-4) APPLICABLE TO CARBON STEELS
B224-6-44-0016 C JOB SPEC FOR NON DESTRUCTIVE TESTING 8742
B224-6-44-0082 A SPECIAL REQUIREMENTS FOR HYDROGEN SERVICE 8763
B224-110-16-43-SP- A JOB SPECIFICATION FOR 3D MODELING (PIPING) EPCC-10 8767
0001
B224-110-80-43-SP- C JOB SPECIFICATION- (STATIC & MACHINERY EQUIPMENT) 8779
7210
B224-110-80-43-DS- A List of DATA SHEETS 8921
7201
B224-110-80-43-ET- 2 ANY OTHER DOCUMENT 8925
0001
B224-110-80-43-DS- 0 Data Sheet for Feed Filter (Automatic Backwash type) 8932
0001
B224-110-80-43-DS- 0 Data Sheet for Cartridge Filter 8936
0002
B224-110-80-43-DS- 0 Data Sheet for Coalescer 8938
0003
B224-110-80-43-DS- 0 Data Sheet for Vapour Absorption Machine 8940
0004
B224-110-80-43-DS- 0 Data Sheet for Air Handling Unit (for AC System) 8941
0005
B224-110-80-43-DS- 0 Data Sheet for Fine Filter (for AC System) 8943
0006
B224-110-80-43-DS- 0 Data Sheet for Chemical Filter (for AC System) 8944
0007
B224-110-80-43-DS- 0 Data Sheet for Water Cooled Chiller 8945
0008
B224-110-80-43-DS- 0 Data Sheet for Water Cooled Condensing Unit 8949
0009
B224-110-80-43-DS- 0 Data Sheet for Chain Pulley Block 8953
0010
B224-110-80-43-DS- 0 Data Sheet for Electric Hoist 8955
0011
B224-110-80-43-DS- 0 Data Sheet for EOT Crane 8956
0012
B224-110-80-43-DS- 0 Data Sheet for PSA H2 Package 8959
0013
B224-110-80-43-DS- 0 Data Sheet for Basket Filter 8962
0014
Page 5 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-80-43-DS- A Datasheets-Rotating 8964
1001-1032
B224-110-80-43- A ERP-ROTATING 9116
ERP-1001-1022
B224-110-80-43-DS- A Column Sketch of 110-C-0001 9242
3001
B224-110-80-43-DS- A Column Sketch of 110-C-0002 9243
3002
B224-110-80-43-DS- A Column Sketch of 110-C-0003 9244
3003
B224-110-80-43-DS- A Column Sketch of 110-C-0004 9245
3004
B224-110-80-43-DS- A Column Sketch of 110-C-0005 9246
3005
B224-110-80-43-DS- A Column Sketch of 110-C-0006 9247
3006
B224-110-80-43-SK- A MISC 9248
0001
B224-000-80-43-SK- 0 JOB SKETCHES FOR CLADED HEAT EXCHANGER 9249
0001
B224-000-17-44-DS- 0 DATASHEET FOR LANDING VALVE 9250
4002
B224-000-17-44-DS- 0 DATASHEET FOR FIRE HYDRANT 9251
4003
B224-000-17-44-DS- 0 DATASHEET FOR HOSE CABINET 9252
4004
B224-000-17-44-DS- 0 DATASHEET FOR FIRST AID HOSE REEL 9253
4005
B224-000-17-44-DS- 1 DATASHEET FOR QBD 9254
4007
B224-000-17-44-DS- 0 DATASHEET FOR MV SPRAY NOZZLE 9255
4008
B224-000-17-44-DS- 0 DATASHEET FOR DELUGE VALVE 9256
4009
B224-000-17-44-DS- 0 DATASHEET FOR RO LR WATER CUM FOAM MONITOR 9257
4010
B224-000-17-44-DS- 1 DATASHEET FOR RESTRICTION ORIFICE 9259
4011
B224-000-17-44-DS- 0 DATASHEET FOR WATER CUM FOAM MONITOR (VARIABLE) 9260
4012
B224-000-17-44-DS- 0 BOOSTER PUMP PROCESS DATASHEET 9261
4020
B224-110-81-41-LL- B LIST OF JOB SPEC.& DS (STRL,UG CIVIL, ARCH) 9262
0004
B224-110-81-41-SP- B JOB SPECIFICATIONS 9264
7210
B224-110-81-41-DS- B DATASHEET FOR OWS PUMP 9309
4801
B224-110-81-41-DS- B DATASHEET FOR CRWS PUMP 9311
4802
B224-000-81-41-SP- B Job spec for protective coating sys of concrete 9314
0001
B224-000-81-41-SP- A JOB SPECIFICATIONS 9323
0002
B224-110-16-50-SP- B JOB SPECIFICATION 9327
7210
Page 6 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-16-50-SP- A Job Specification for ECS 9350
7211
B224-110-16-50-SP- A Job Specification for Solar Power System 9357
7212
B224-110-16-50-SP- A JOB SPECIFICATION 9380
7213
B224-110-16-50-DS- A DATA SHEET-EHV GAS INSULATED SWITCHGEAR 9387
1001
B224-110-16-50-DS- A DATA SHEET-HV SWITCH BOARD 9392
1002
B224-110-16-50-DS- A DATA SHEET- POWER TRANSFORMER 9396
1003
B224-110-16-50-DS- A DATA SHEET- DISTRIBUTION TRANSFORMER 9402
1004
B224-110-16-50-DS- A DATA SHEET- BUS DUCT 9406
1005
B224-110-16-50-DS- A DATA SHEET- NUMERICAL RELAY 9408
1006
B224-110-16-50-DS- A DATA SHEET- MV SWITCH BOARD 9414
1007
B224-110-16-50-DS- A DATA SHEET- DRY TYPE TRANSFORMER 9419
1008
B224-110-16-50-DS- A DATA SHEET-HV - MV CABLE 9423
1009
B224-110-16-50-DS- A DATA SHEET-COMMUNICATION & FIRE ALARM CABLES 9425
1010
B224-110-16-50-DS- A BATTERY & BATTERY CHARGER DATA SHEETS 9427
1011
B224-110-16-50-DS- A DATA SHEET- UPS SYSTEM 9431
1012
B224-110-16-50-DS- A DATA SHEET-NEUTRAL GROUNDING RESISTOR 9436
1013
B224-110-16-50-DS- A DATA SHEET- HV CAPACITOR BANK 9438
1014
B224-110-16-50-DS- A DATA SHEET-HV INDUCTION MOTOR 9441
1015
B224-110-16-50-DS- A DATA SHEET-MV INDUCTION MOTOR 9444
1016
B224-110-16-50-DS- A DATA SHEET- MOV ACTUATOR 9447
1017
B224-110-16-50-DS- A DATA SHEET-EHV CABLE 9449
1018
B224-110-16-50-DS- A DATA SHEET- VFD 9450
1019
B224-110-16-50-DS- A DATA SHEET- Elect. Load Data 9453
1020
B224-110-16-50-DS- A DATA SHEET- LIGHTING FIXTURE SCHEDULE 9455
1021
B224-110-16-50-DS- A DATA SHEET- HV SWBD FDR DETAILS 9465
1022
B224-110-16-50-DS- A DATA SHEET-ELECT. HEAT TRACING 9467
1023
B224-110-16-50-DS- A DATA SHEET-SOFTSTARTER 9470
1024
B224-110-16-50-DS- B DATA SHEET- MV SWBD COMPONENTS 9475
1025
Page 7 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-16-50-DS- A MV HARDWARE DATASHEET 9476
1026
B224-110-16-50-DS- A HV HARDWARE DATA SHEET 9486
1027
B224-110-16-50-DS- A HARDWARE DATA SHEET- EHV ISOL 9499
1028
B224-110-16-50-DS- A UPS BLOCK DIAGRAM 9500
1029
B224-110-16-50-DS- A DATA SHEET-DC LOAD FOR ECS 9501
1030
B224-110-16-50-DS- A DATA SHEET- HEAT LOAD ECS 9504
1031
B224-110-16-50-DS- A DATA SHEET- SPACE FOR ECS 9507
1032
B224-110-16-50-DS- A DATA SHEET-ECS IO LIST 9510
1033
B224-110-16-50-DS- A DATA SHEET- PCU 9519
1034
B224-110-16-50-DS- A DATA SHEET- PV Module 9520
1035
B224-110-16-50-DS- A DATA SHEET- HV VFD 9521
1036
B224-110-16-50-DS- A DATA SHEET- HV SYNCHRONOUS MOTOR 9524
1037
B224-110-16-50-DS- A DATA SHEET- HV INDUCTION MOTOR 9529
1038
B224-110-16-50-DS- A DATA SHEET- MV INDUCTION MOTOR 9532
1039
B224-110-16-51-SP- B Job Specifications (Instrumentation) 9535
7210
B224-110-16-51-ED- A ANNEXURE-1 FORMAT FOR FF DEVICES 9663
1001
B224-110-16-51-SP- 0 JOB SPECIFICATIONS FOR FIELDBUS CABLES 9664
0002
B224-110-16-51-SP- A JOB SPECIFICATIONS FOR FRP CABLE TRAYS 9673
0003
B224-110-16-51-SP- A JOB SPECIFICATIONS FOR WIRELESS INSTRUMENTATION 9677
0004
B224-110-16-51-ED- A I/O SUMMARY FORMATS 9685
7210
B224-110-16-51-DB- A GUIDELINES FOR INSTRUMENTATION 9689
0001
B224-110-80-45-SP- 0 JOB SPECIFICATION FOR FIRED HEATERS 9741
0001
B224-110-80-45-SP- 0 VENDOR QUALIFICATION CRITERIA 9756
0002
B224-110-80-45-SP- 0 BASIS OF STRUCTURE DESIGN 9760
0003
B224-110-2-44-SP- A JOB SPECIFICATIONS 9765
0011
B224-110-2-44-SP- 1 JOB SPECIFICATIONS 9771
001
B224-110-2-44-SP- 2 JOB SPECIFICATIONS 9774
002
B224-110-2-44-OD- A CHECKLIST FOR BURNERS 9776
0011
Page 8 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
B224-110-2-44-OD- A INSTRUCTIONS TO BIDDER FOR BURNERS 9780
0012
B224-110-80-44-RM- 0 JOB SPECIFICATION FOR REFRACTORY LINING (FIRED 9784
S001 HEATER)
B224-110-16-43- E EQUIPMENT LAYOUT 9795
00001
B224-80-43-SK-3001 A Scheme for VAM configuration of HVAC system 9796
Rev A.
B224-110-80-43-SK- A MISC 9797
0003
B224-110-17-44-LL- A LIST OF ATTACHMENT FOR DRAWINGS 9798
5001
B224-000-17-44-0- H OVERALL PLOT PLAN 9800
0001
B224-000-17-44- A SCEMATIC TAPPING DETAIL FOR SPRAY SYSTEM 9801
30101
B224-110-17-44- A FW P&ID FOR VGO HDT & Refinery OFF GAS PSA 9802
00101
B224-110-81-41-LL- B LIST OF DRAWINGS (STRL,UG CIVIL, ARCH) 9803
0001
B224-110-81-41-0- B ARCHITECTURAL DRAWINGS (PLANS ,ELEVATIONS 9805
2201 ,SECTIONS ) OF OTHER BUILDINGS NOT LISTED ABOVE
B224-110-81-41-0- B ARCHITECTURAL DRAWINGS (PLANS ,ELEVATIONS 9806
2202 ,SECTIONS ) OF SRR
B224-110-81-41-0- A ARCHITECTURAL DRAWINGS (PLANS ,ELEVATIONS 9807
2401 ,SECTIONS ) OF SUBSTATION
B224-110-81-41-0- A ARCHITECTURAL DRAWINGS (PLANS ,ELEVATIONS 9808
2402 ,SECTIONS ) OF SUBSTATION
B224-110-81-41- C SCOPE DRAWING FOR VGO-HDT 9809
04551
B224-110-81-41- B P&ID OWS CRWS PUMP & SUMP FOR VGO-HDT 9810
30201
TOPO 01 0 TOPOGRAPHICAL SURVEY DRAWING 01 9811
B224-110-16-50- B SINGLE LINE DIAGRAM 9812
00001
B224-110-16-50-SK- A SKETCHES- Scope Division ECS 9813
4001
B224-110-16-50-SK- A SKETCHES-Block Diagram for relay LAN & SAS 9814
4504
B224-110-16-51- B LIST OF DRAWINGS (INSTRUMENTATION) 9815
7210
B224-110-16-43-LL- A LIST OF STANDARD SPECIFICATIONS (PIPING) EPCC-10 9900
0002
6-44-0007 4 Standard specification for steam tracing. 9903
6-44-0007-A1 4 Annexure-1 Steam Tracing (typical diagrams) 9912
6-44-0007-A2 2 Annexure-2 Steam Tracing (typical diagrams) 9920
6-44-0012 4 Standard specification for fabrication and erection of piping 9928
6-44-0013 5 Standard specification for inspection, flushing and testing of piping 9943
systems.
6-44-0078 1 Standard specification for jacketed piping systems 9952
6-76-0002 2 Standard specification for application of torque and hydraulic bolt 9972
tension for flange joints
6-81-0001 3 Standard specification for positive material identification (PMI) at 10005
supplier's works
6-82-0002 4 Standard specification for positive material identification (PMI) at 10013
construction sites
Page 9 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-77-0001 4 Welding specification for fabrication of piping. 10023
6-44-0051 6 Technical notes for pipes. 10063
6-44-0052 7 Technical notes for valves. 10073
6-44-0053 6 Technical notes for flanges, spectacle blinds and drip rings. 10093
6-44-0054 6 Technical notes for butt welded, socket welded and screwed 10100
fittings.
6-44-0056 5 Technical notes for gaskets. 10109
6-44-0057 5 Technical notes for bolts and nuts. 10114
6-44-0064 2 Technical notes for hoses & hose couplings 10119
6-44-0066 2 Technical notes for steam and air traps 10125
6-44-0067 1 Technical notes for strainers 10132
6-44-0063 2 Standard Specification for clad pipes for refinery application 10141
6-81-0002 5 ITP for welded pipes 10166
6-81-0003 5 ITP for seamless pipes 10172
6-81-0004 6 ITP for valves 10178
6-81-0005 7 ITP for forged, seamless & welded fittings. 10185
6-81-0006 5 ITP for flanges, spectacle blinds & drip rings 10191
6-81-0007 4 ITP for bolting material 10197
6-81-0008 4 ITP for gaskets 10203
6-81-0133 3 ITP for strainers 10208
6-81-0134 3 ITP for steam traps 10213
6-81-0135 3 ITP for hose pipe and coupling 10218
6-81-0131 3 ITP for clad piping 10223
B224-110-80-43- A LIST OF STANDARD SPECIFICATIONS 10228
LSP-7210
6-24-0003 5 Standard specification for basket filter. 10239
6-24-0004 5 Standard specification for cartridge filter. 10248
6-24-0006 5 Standard specification for filter separator/coalescer. 10257
6-36-0002 4 Standard specification for ventilation / pressurisation system. 10266
6-36-0007 3 Standard specification for vapour absorption refrigeration package 10277
6-36-0015 0 Standard specification for PSA hydrogen package 10286
6-48-0002 6 Standard specification for E.O.T. crane. 10297
6-48-0003 4 Standard specification for H.O.T. crane. 10311
6-61-0014 4 Standard specification for electric wire rope hoist. 10320
6-61-0015 5 Standard specification for chain pulley block. 10328
6-61-0017 0 Standard specification for air conditioning system 10334
6-81-0029 3 ITP for basket filter 10367
6-81-0030 3 ITP for cartridge filter 10373
6-81-0031 3 ITP for filter separator/coalescer 10380
6-81-0032 3 ITP for EOT crane 10386
6-81-0035 3 ITP for chain pulley block/winch 10392
6-81-0136 1 ITP for HOT crane 10397
6-81-0142 1 ITP for electric hoist 10402
6-81-0154 0 Inspection & test plan for air conditioning package 10408
7-76-0103 1 Instructions to vendor for site performance guarantee 10419
requirements for package units
6-41-0006 3 Standard specification for centrifugal pumps (special purpose 10426
process service).
6-41-0002 4 Standard specification for centrifugal pumps (general purpose ). 10446
6-41-0003 4 Standard specification for centrifugal pumps (Water service). 10471
Page 10 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-41-0020 3 Standard specification for positive displacement pumps - 10492
reciprocating
6-41-0021 4 Standard specification for positive displacement pumps - 10503
controlled volume.
6-41-0022 4 Standard specification for positive displacement pumps - rotary. 10511
6-41-0301 0 Standard specification for dosing packages (skid mounted) 10522
6-41-0203 1 Standard specification for positive displacement pumps - 10547
controlled volume (offshore application)
6-42-0005 2 Standard specification for axial & centrifugal compressors and 10556
expander-compressors
6-43-0040 2 Standard specification for diesel engine and DG set. 10592
6-42-0002 4 Standard specification for centrifugal fans. 10612
6-42-0003 3 Standard specification for induced draft/forced draft fans. 10630
6-42-0011 6 Standard specification for reciprocating compressors. 10653
6-42-0012 2 Standard specification for diaphragm type positive displacement 10679
compressors.
6-42-0015 5 Standard specification for rotary type positive displacement 10699
compressors.
6-43-0042 3 Standard specification for general-purpose steam turbines. 10717
6-43-0043 2 Standard specification for special purpose steam turbines. 10725
6-42-0010 4 Standard specification for reciprocating compressor (utility air & 10740
instrument air service)
6-76-0001 3 Standard Specification for Erection of Equipment & Machinery 10767
7-44-0321 1 Standard for orientation of seal pot & auxiliary connections of 10789
centrifugal pumps
6-81-0024 3 ITP for pump centrifugal horizontal (special purpose process) 10790
6-81-0052 3 ITP for pump reciprocating (controlled volume) 10798
6-81-0054 3 ITP for induced draft fan & forced draft fan 10805
6-81-0147 1 ITP for reciprocating compressor 10810
6-12-0001 6 General specification for pressure vessels. 10816
6-12-0002 8 Supplementary specification for carbon steel vessels. 10831
6-12-0003 5 Supplementary specification for low alloy steel vessels. 10838
6-12-0006 6 Supplementary specification for austenitic stainless steel vessels. 10845
6-12-0011 8 Standard specification for boiler quality carbon steel plates. 10852
6-12-0014 6 Standard specification for weldable structural quality steel plates 10859
for tanks and vessels
6-12-0020 8 Standard specification for stainless steel plates. 10864
6-12-0030 8 Standard specification for pressure vessels for package items. 10869
6-15-0001 5 General specification for heat exchangers. 10888
6-15-0003 4 Standard specification for welded tube to tubesheet joints. 10909
6-15-0004 4 Standard specification for expanded tube to tubesheet joints. 10918
6-15-0006 5 Standard specification for U - tubes. 10925
6-15-0021 5 Standard specification for vendor-designed shell and tube heat 10931
exchangers.
6-15-0071 5 General specification for air cooled heat exchangers. 10944
6-15-0072 3 Standard specification for fibre reinforced plastic fans used in air 10968
cooled heat exchangers
6-79-0015 1 Specification for duplex stainless steel and super duplex stainless 10976
steel
6-79-0016 1 Specification for welding of duplex stainless steel and super 10988
duplex stainless steel
6-14-0003 5 Installation procedure for trays and tower internals. 10999
Page 11 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-14-0007 4 Specification for fabrication of support ring & b/bar for trays & 11015
tower internals.
6-14-0008 6 Standards specification for tray & tower Internals. 11021
6-14-0009 4 Packing, marking & shipping specifications for tray and tower 11033
internals.
6-14-0011 5 Standard specification for packing the column. 11039
6-14-0012 6 Fabrication, inspection and packing procedure for random tower 11046
packings.
6-14-0013 5 Inspection and performance test procedure for spray nozzles. 11051
6-14-0015 3 Standard specification for trays and tower internals (un- 11061
engineered).
6-14-0016 4 Specification for review of site installation of column internals 11086
6-14-0017 3 General specification for wire mesh demisters 11102
6-14-0018 2 Specification for preparation of TSR/BB/GA drawings of trays 11108
6-15-0091 3 Standard specification for hardness requirement of static 11122
equipments (pressure vessels, heat exchanger).
6-81-0009 3 ITP for heat exchangers 11127
6-81-0010 3 ITP for air cooled heat exchanger 11134
6-81-0011 3 ITP for pressure vessels / columns carbon steel. 11142
6-81-0012 3 ITP for pressure vessels/ columns/ reactors low alloy steel 11149
6-81-0013 3 ITP for SS clad pressure vessels/ columns/ reactors 11157
6-81-0014 3 ITP for stainless steel pressure vessels/ columns 11164
6-81-0015 2 ITP for Trays & Tower Internals 11171
6-81-0016 2 ITP for Tower Packagings 11177
6-81-0017 2 ITP for un-engineered Trays & Tower Internals 11182
6-81-0113 4 ITP for spray nozzles. 11188
6-81-0061 3 ITP for ejectors. 11192
6-81-0060 3 ITP for wire mesh demisters. 11198
6-82-0001 8 Standard specification for health, safety & environment (HSE) 11203
management at construction sites
B224-110-17-44-LL- A LIST OF ATTACHMENT FOR SPECIFICATION 11305
5002
6-66-0004 1 Standard specification for portable fire extinguisher 11308
6-66-0011 4 Standard specification for rubber lined or rubberized fabric lined 11313
woven jacketed fire fighting delivery hose
6-66-0012 4 Standard specification for standard post type fire hydrant (with or 11317
without pumper connection)
6-66-0018 4 Standard specification for first aid hose reel 11323
6-66-0027 5 Standard specification for water cum foam monitor single barrel 11327
type (fixed & variable flow)
6-66-0035 4 Standard specification for landing valve. 11333
6-66-0038 4 Standard specification for safety shower and eye wash. 11337
6-66-0042 3 Standard specification for remote operated foam / water monitor 11342
tower / grade mounted
6-66-0046 3 Standard specification for water spray nozzle for cooling. 11350
6-66-0047 4 Standard specification for hose cabinet. 11356
6-66-0048 3 Standard specification for deluge valve (with hydraulic detection 11361
system).
6-66-0050 2 Standard specification for Clean Agent System 11368
6-66-0061 4 Standard specification for 50 kg. & 75 kg. capacity dry chemical 11386
powder extinguisher.
6-52-0006 4 Std. specification for restriction orifice plate 11391
Page 12 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
3-78-0004 1 Format for completeness of final documentation 11397
6-81-2006 3 ITP for restriction orifice plates 11398
6-81-2034 2 ITP for solenoid valves 11403
B224-110-81-41-LL- B LIST OF STD. SPEC. (STRL,UG CIVIL, ARCH) 11408
0002
6-68-0005 5 Standard specification civil & structural works reinforced cement 11411
concrete for liquid retaining structures.
6-68-0016 1 Standard specification civil & structural works concrete block 11419
masonry
6-68-0017 0 Standard specification - civil & structural works - bipolar concrete 11428
penetrating corrosion inhibiting admixture
6-68-0019 1 Standard specification civil & structural works self compacting 11442
concrete (SCC)
6-68-0021 0 Standard specification civil - structural lump-sum turn-key works 11474
(LSTK works) general requirements
6-68-0022 1 Standard specification civil - structural lump-sum turn-key works 11504
(LSTK works) material & construction
6-68-0033 7 Standard specification civil & structural works passive fire proofing 11518
of steel structures (hydrocarbon pool fire).
6-68-0062 3 Standard specification civil & structural works vacuum dewatering 11534
concrete system
6-65-0006 4 Standard specification for earthwork for underground piping. 11541
6-65-0014 1 Standard specification for roads and flexible pavements (upto 11548
WMM layer)
6-65-0016 3 Standard specification for classification of soil for Earth Work in 11559
site grading
6-65-0016 4 Standard specification for classification of soil for Earth Work in 11565
site grading
6-65-0019 3 Standard specification for concrete pavement. 11571
6-65-0020 3 Standard specification for flexible pavements with bitumen premix 11581
carpet.
6-65-0021 4 Standard specification for pipe culverts & ERC / IRC crossing. 11590
6-65-0024 4 Standard specification for gravel filling. 11595
6-65-0027 5 Standard specification for underground and above ground G.I. 11600
pipeline system (water services)
6-65-0030 5 Standard specification for fabrication and Laying of Underground 11605
piping.
6-65-0035 3 Standard specification for misc. civil & structural works for U/G 11616
piping & other civil works
6-65-0036 4 Standard specification for underground C.I. piping system. 11623
6-65-0042 4 Standard specification for underground sewer system pre cast 11631
RCC pipes.
6-65-0044 4 Standard specification for underground sewer system - HDPE 11638
pipes.
6-65-0053 4 Standard specification for plumbing & building drainage. 11645
6-65-0061 4 Standard specification for acid/alkali proof lining with bitumen 11653
mastic.
6-65-0062 5 Standard Specification for acid proof tile lining. 11658
6-65-0066 3 Standard specification for general civil works (package unit). 11664
B224-110-16-50-LL- A LIST OF ATTACHMENTS 11677
01
6-51-0001 7 Specification for HV switchboards. 11680
6-51-0006 5 Specification for flameproof control stations. 11696
6-51-0008 5 Specification for flameproof lighting and power panels 11703
Page 13 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-51-0012 4 Specification for MV switchboards fixed type for package 11710
equipment
6-51-0014 5 Specification for industrial type control stations. 11718
6-51-0017 7 Specification for UPS system. 11724
6-51-0018 5 Specification for M.V. Switchboard. 11744
6-51-0019 5 Specification for battery charger. 11761
6-51-0020 6 Specification for H.V. capacitor bank 11775
6-51-0021 5 Specification for flameproof plugs, sockets & hand lamps. 11788
6-51-0031 6 Specification for high voltage induction motors. 11795
6-51-0033 5 Specification for high voltage synchronous motors. 11812
6-51-0036 0 Specification for soft starters for motors 11830
6-51-0037 0 Specification for skin effect heat tracing system 11843
6-51-0038 2 Specification for MV variable frequency drive system 11850
6-51-0041 6 Specification for oil filled transformers. 11865
6-51-0042 5 Specification for dry type lighting transformer. 11882
6-51-0043 7 Specification for neutral grounding resistor. 11889
6-51-0044 5 Specification for dry type distribution transformers 11896
6-51-0047 3 Specification for stationary nickel cadmium batteries 11903
6-51-0048 3 Specification for stationary valve regulated lead acid batteries 11909
6-51-0049 1 Specification for small MV variable frequency drive system 11916
6-51-0050 2 Specification for HV variable frequency drive system 11929
6-51-0051 8 Specification for medium and high voltage cables & accessories. 11945
6-51-0052 6 Specification for communication and fire alarm cables. 11955
6-51-0054 4 Specification for MV and HV bus duct 11965
6-51-0055 2 Specification for numerical relays & substation automation system 11972
6-51-0059 1 Specification for electrics of heaters 11987
6-51-0061 5 Specification for hazardous area light fixtures and junction boxes 11997
6-51-0064 1 Specification for energy efficient medium voltage induction motors 12004
6-51-0066 0 Specification for extra high voltage gas insulated switchgear 12016
6-51-0067 1 Specification for extra high voltage cables & accessories 12042
6-51-0072 6 Specification for plant communication system. 12055
6-51-0076 5 Specification for fire detection and alarm system. 12065
6-51-0080 1 Specification for electrical control system 12091
6-51-0081 4 Specification for electrical equipment installation. 12122
6-51-0082 5 Specification for cable installation. 12137
6-51-0083 5 Specification for lighting installation. 12148
6-51-0084 4 Specifications for earthing installation. 12161
6-51-0087 3 Specification for field inspection, testing and commissioning of 12168
electrical installations
6-51-0091 4 Specification for electrical motor operated valve actuators. 12176
6-51-0094 4 Specification for electrics for E.O.T. crane. 12186
6-51-0095 4 Specification for electric surface heating system. 12200
6-51-0099 6 Design philosophy for electrical facilities. 12213
6-81-0037 4 ITP for pump centrifugal horizontal (general purpose process) 12239
6-81-0038 4 ITP for pump centrifugal horizontal (general water service) 12246
6-81-0040 3 ITP for pump centrifugal vertical (general purpose process) 12253
6-81-0042 4 ITP for pump centrifugal vertical (general water service) 12260
6-81-0046 4 ITP for pump centrifugal horizontal and vertical (fire water service) 12267
6-81-0047 4 ITP for pump centrifugal multistage (special purpose process) 12274
Page 14 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-81-0048 4 ITP for centrifugal pumps (high speed integrally geared) 12282
6-81-0050 3 ITP for pump rotary screw type 12289
6-81-0051 3 ITP for pump rotary gear type 12295
6-81-1001 3 ITP for HV switchboards 12301
6-81-0053 3 ITP for pump reciprocating (plunger/piston) 12308
6-81-0056 3 ITP for diesel engine 12314
6-81-0057 3 ITP for steam turbine (general purpose) 12319
6-81-0058 3 ITP for steam turbine (special purpose) 12324
6-81-0059 2 ITP for diesel generating set 12329
6-81-0146 1 ITP for centrifugal compressor 12334
6-81-1006 3 ITP for flameproof control stations 12340
6-81-1008 2 ITP for flameproof lighting and power panels 12345
6-81-1012 2 ITP for MV fixed type switch board for package equipment 12350
6-81-1014 3 ITP for industrial type control stations 12356
6-81-1017 3 ITP for UPS system 12360
6-81-1018 3 ITP for MV switchboards 12366
6-81-1019 3 ITP for battery chargers 12373
6-81-1020 3 ITP for high voltage capacitor banks 12380
6-81-1021 2 ITP for flameproof plugs, sockets and hand lamps 12386
6-81-1031 3 ITP for HV induction motors 12391
6-81-1032 5 ITP for MV motors 12397
6-81-1033 3 ITP for HV synchronous motors 12403
6-81-1038 2 ITP for MV variable frequency drive system 12410
6-81-1041 3 ITP for oil filled transformers 12417
6-81-1042 2 ITP for dry type lighting transformer 12423
6-81-1043 3 ITP for neutral grounding resistor 12428
6-81-1044 2 ITP for dry type distribution transformer 12433
6-81-1047 2 ITP for stationary nickel - cadmium battery 12438
6-81-1048 2 ITP for stationary valve regulated lead acid battery 12443
6-81-1050 2 ITP for HV variable frequency drive system 12448
6-81-1051 3 ITP for MV & HV cables & accessories 12454
6-81-1052 3 ITP for communication & fire alarm cables 12460
6-81-1054 2 ITP for MV and HV bus duct 12467
6-81-1055 2 ITP for numerical relays 12471
6-81-1061 3 ITP for hazardous area lighting fixture & junction boxes 12478
6-81-1066 0 Inspection and test plan for EHV gas insulated switchboards (GIS) 12484
6-81-1067 0 Inspection and test plan for extra high voltage cables & 12494
accessories
6-81-1072 3 ITP for plant communication system 12501
6-81-1076 3 ITP for fire detection & alarm system 12508
6-81-1091 2 ITP for electrical motor operated valve actuators 12515
6-81-1097 0 Inspection and test plan for electrical heat tracer 12521
B224-110-16-51-SP- B LIST OF STANDARD SPECIFICATIONS (INSTRUMENTATION) 12527
02
B224-110-80-45- 0 LIST OF STANDARD SPECIFICATIONS 12918
MDX-0002
6-17-0001 5 Standard specification for execution of fired heaters and aph 12920
systems
6-17-0002 5 Standard specification of steel works for fired heaters and aph 12933
systems.
Page 15 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
6-17-0003 5 Standard specification of coil work for fired heaters. 12945
6-17-0005 5 Standard specification of finned tubes for fired heaters. 12964
6-17-0007 5 Standard specification of tube support castings for fired heaters. 12973
6-17-0009 5 Standard specification for natural draft burners for fired heaters. 12981
6-17-0013 0 Standard specification for design and supply of dampers / shut off 12999
blades
6-17-0018 0 Standard specification for heater system leakage testing through 13016
smoke generation
6-17-0020 1 Standard specification for miscellaneous refractory and auxiliary 13022
material used in fired heaters.
6-79-0003 2 Standard specifications for fire bricks. 13029
6-79-0005 3 Standard specification for ceramic fibre blankets 13035
6-79-0008 3 Standard specification for insulating castables. 13041
6-81-0114 2 ITP for burners for fired heaters. 13047
6-82-5000 0 Inspection & test plan (ITP) (heater packages) 13052
B224-110-16-43-LL- A LIST OF ENGINEERING/INSTALLATION STANDARDS (PIPING) 13096
0003 EPCC-10
7-44-0033 5 Details of mitered elbow. 13098
7-44-0162 4 Standard for spacers & blinds > 26"(150#,300# & 600# FF to B 13100
16.47 series B).
7-44-0300 5 Temporary strainer RF (all ratings), FF 125# - 300#. 13103
7-44-0302 5 T-strainer type- 3 2"-24"(150# RF, 300# RF & RTJ, 600# RF & 13104
RTJ)
7-44-0303 6 T-strainer type-1 2"-4" (150CL RF, 300CL RF & RTJ, 600CL RF & 13105
RTJ)
7-44-0304 6 `T' strainer type-1 6" to 24" ( 150# RF, 300# RF & RTJ, 600# RF 13106
& RTJ)
7-44-0305 5 T-strainer type-2 2"-24" (150# RF, 300# RF & RTJ, 600# RF and 13107
RTJ)
7-44-0350 4 Vent & drains (on lines 1 1/2" & below). 13108
7-44-0351 4 Vents and drains (on lines 2 and above). 13109
7-44-0352 4 Orientation of orifice taps (class 600 & below. 13110
7-44-0353 4 Wells installation 1 1/2" dia taps (up to class 600). 13112
7-44-0354 4 Pressure tappings (PA, PG, PC, PT, PIC etc). 13114
7-44-0401 4 Utility hose station. 13115
7-44-0403 4 Drip leg for steam lines. 13116
7-44-0476 5 Welding of pipe with different thickness. 13117
7-44-0477 4 Butt welding end preparation. 13118
7-44-0478 4 Fillet weld details. 13119
7-44-0479 4 Welding details for branch connections (not breaking into). 13120
7-44-0480 5 Butt weld details (dimensions). 13121
7-44-0481 5 Butt weld details (sequence of welds). 13122
7-44-0482 5 Welding detail for branch connections (stub in). 13123
7-44-0483 4 Branch connection (breaking into). 13124
7-44-0484 4 Branch connection (not breaking into). 13125
7-44-0485 5 Method of cutting and dimensions of field manufactured concentric 13126
reducers.
7-44-0486 5 Tolerances for fabrication. 13127
7-44-0487 5 Method of cutting & dimensions of field manufactured eccentric 13128
reducers.
7-44-0501 3 Clearances 13129
7-44-0502 3 Accessibility for valves and instruments 13132
Page 16 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
7-44-0503 3 Valve accessibility and clearances 13133
7-44-0504 3 Clearance requirements for orifice flange instrument piping 13134
7-44-0506 3 Table of basic span 13137
7-44-0507 3 Maximum spacing of guides for vertical and horizontal pipes 13138
7-44-0404 4 Pipe sleeves details for insulated lines under roads & dykes 13139
7-12-0001 6 Vessel tolerances. 13140
7-12-0002 6 Support for horizontal vessel 13142
7-12-0003 6 Wooden pillows for saddle support. 13143
7-12-0004 7 Skirt base details. 13144
7-12-0005 6 Skirt opening details. 13145
7-12-0006 6 Angle leg support. 13147
7-12-0007 6 Pipe leg support. 13149
7-12-0008 6 Bracket support for vertical vessel. 13150
7-12-0009 7 Manhole with hinged cover. 13151
7-12-0010 7 Manhole with davit. 13153
7-12-0011 6 Ladder rungs for manhole/demister. 13155
7-12-0012 6 Retaining plate. 13156
7-12-0013 6 Nozzle reinforcement and projection. 13157
7-12-0015 6 Standard bolt hole orientation. 13159
7-12-0016 6 Alloy liner details. 13160
7-12-0017 6 Sight glasses for pressure vessels. 13162
7-12-0018 6 Internal flanges. 13164
7-12-0021 6 Support ring & bolting bar. 13165
7-12-0022 6 Support ring sizes for packed tower's interns. 13166
7-12-0023 7 Pipe davit. 13167
7-12-0024 8 Lifting lug top head type (for vertical vessels / columns). 13170
7-12-0025 6 Fire proofing & insulation supports. 13171
7-12-0026 6 Earthing lug. 13173
7-12-0027 6 Name plate. 13174
7-12-0028 6 Manufacturer name plate. 13175
7-12-0029 6 Bracket for name plate. 13176
7-12-0030 5 Name plate for small equipment. 13177
7-12-0031 5 Details of forged nozzles. 13178
7-12-0032 5 Supports for internal feed pipe. 13179
7-12-0033 5 Hot insulation supports for horizontal vessel. 13181
7-12-0034 5 Pipe davit support detail for cold insulated vessels. 13182
7-12-0036 4 Typical details of wire mesh demister and its supports (for vessels 13183
and columns).
7-12-0037 4 S.R. nozzle neck. 13187
7-12-0038 0 Allowable nozzle loads 13188
7-14-0001 4 Construction tolerance for welded supports for tray/ tower internals 13192
7-14-0005 4 Details of beam ends and beam end sealing for trays. 13193
7-14-0012 4 Details of 2thk and 3thk SS 410S clamps assembly. 13195
7-14-0013 4 Detail of 2thk and 3thk SS/CS Clamp Assembly (excluding 410S 13196
material)
7-14-0112 3 Details of integral beam. 13197
7-14-0113 3 Details of integral beam with interrupter bar. 13200
7-14-0114 3 Details of integral beam with interrupter angle. 13203
7-14-0115 5 Details of integral beam. 13206
Page 17 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
7-14-0116 5 Details of integral beam (seal pan / recess seal pan). 13207
7-14-0117 5 Details of integral beam. 13208
7-14-0118 5 Details of integral beam & interrupter plate. 13209
7-14-0119 5 Details of integral beam with interrupter angle. 13210
7-14-0120 4 Details of inlet weir. 13211
7-14-0121 4 Details of integral beam with inlet weir angle. 13213
7-14-0122 4 Details of integral beam with inlet weir angle. 13214
7-14-0125 4 Details of integral beam with inlet weir plate. 13215
7-14-0128 3 Details of integral beam with inlet weir angle. 13216
7-14-0129 3 Details of integral beam with inlet weir angle. 13218
7-14-0130 3 Details of integral beam with inlet weir plate. 13220
7-14-0132 5 Details of valve pitch (MR2/MR6 valves) 13222
7-14-0136 5 Details of stud / pin welding. 13223
7-14-0138 4 Details of inlet weir sealing arrangement. 13224
7-14-0140 4 Details of rectangular washer for clamps. 13225
7-14-0142 4 Details of drain holes. 13226
7-14-0143 4 Details of downcomer bracket and spacer. 13227
7-14-0144 4 Details of joints for downcomers. 13228
7-14-0145 4 Details of deck plate stiffener. 13229
7-14-0151 3 Details of loose beam. 13230
7-14-0152 3 Details of loose beam with interrupter bar. 13232
7-14-0153 2 Details of loose beam with interrupter angle. 13234
7-14-0154 3 Details of loose beam with inlet weir angle. 13236
7-14-0155 3 Details of loose beam with inlet weir angle. 13239
7-14-0156 3 Details of loose beam with inlet weir plate. 13241
7-14-0161 4 Details of exit weir adjustability. 13243
7-14-0162 3 Details of exit weir blocking. 13244
7-14-0164 3 Details of vapour equalizer. 13245
7-14-0165 3 Details of side seal pan/recess seal pan. 13246
7-14-0166 3 Details of center seal pan/recess seal pan. 13250
7-14-0167 4 Details of side seal pan. 13253
7-15-0001 4 Part details (shell & tube exchangers). 13254
7-15-0002 4 Types of non standard gaskets (shell & tube exchangers) 13256
7-15-0003 4 Support for vertical exchangers (shell & tube exchangers) 13259
7-15-0004 4 Support for horizontal exchangers (Shell & Tube Exchangers) 13260
7-15-0005 4 Support for horizontal stack units (shell & tube exchangers) 13262
7-15-0006 4 Tube hole preparation and roller expanding (shell & tube 13264
exchangers & air cooled heat exchangers)
7-15-0007 4 Sliding & deflector strips to tube sheet welding details (shell & tube 13265
exchangers)
7-15-0008 4 Eye bolt detail (shell & tube exchangers) 13266
7-15-0009 4 Method of fastening nuts to the tie rods (shell & tube exchangers) 13267
7-15-0010 4 Jack screw tapping and arrangement (shell & tube exchangers) 13268
7-15-0011 4 Fixing detail of dowel pins (shell & tube exchangers) 13269
7-15-0012 4 Couplings and plugs (shell & tube exchangers) 13270
7-15-0013 4 Lifting lug detail (shell & tube exchangers) 13272
7-15-0014 4 Davit for shell & channel cover (shell & tube exchangers) 13273
7-15-0016 5 Earthig Lug (Shell & Tube Exchangers) 13276
7-15-0017 4 Name plate (shell & tube exchangers) 13277
Page 18 of 13748
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Table of Contents
Document Number Rev. Document Title Page
Number
7-15-0018 4 Warning plate (shell & tube exchangers) 13278
7-15-0019 4 Tolerances (shell & tube exchangers) 13280
7-15-0101 4 Half tube supports (air cooled heat exchangers) 13283
7-15-0103 4 Flanged header and cover plate detail (aircooled heat exchangers) 13284
7-15-0104 4 Tapped header and cover plate detail (aircooled heat exchangers) 13285
7-15-0105 4 Frame standard stationary header fixing (aircooled heat 13286
exchangers)
7-15-0106 4 Frame end top (aircooled heat exchangers) 13287
7-15-0107 4 Frame standard tube support top (aircooled heat exchangers) 13288
7-15-0108 4 Frame standard floating header support (aircooled heat 13289
exchangers)
7-15-0109 4 Frame bracing detail (aircooled heat exchangers) 13290
7-15-0110 4 Tube supprot bottom beam detail (aircooled heat exchangers) 13291
7-15-0111 4 Tube access plug (aircooled heat exchangers) 13292
7-15-0113 4 Jack screws (cover type header) (aircooled heat exchangers) 13293
7-15-0114 4 Lifting lug for cover plate (aircooled heat exchangers) 13294
7-15-0115 3 Frame standard lifting lug (for air coolers) 13295
7-15-0116 4 Fabrication tolerances (aircooled heat exchangers) 13296
7-15-0117 3 Name plate (for air coolers) 13299
7-15-0118 4 Tolerances and notes for gaskets (aircooled heat exchangers) 13300
7-15-0121 4 Tube bundle frame detail (equal tubes in each row) (aircooled heat 13301
exchangers)
7-15-0122 4 Tube bundle frame detail with spacer (aircooled heat exchangers) 13302
7-15-0123 4 Tube bundle frame detail (unequal tubes in row) (aircooled heat 13303
exchangers)
7-15-0142 4 Stiffening strips for nozzles less than 3¿NB (aircooled heat 13304
exchangers)
B224-110-17-44-LL- A LIST OF ATTACHMENT FOR STANDARD 13305
5003
7-65-0222 5 Valve pit type-III for ø 8¿ to ø 16¿ 13307
7-65-0223 5 Valve pit type-IV for ø 16¿ ¿ to ¿ ø 24¿ 13308
7-65-0407 7 Concrete sliding sleepers cast-in-situ Type - II. 13309
B224-110-81-41-LL- B LIST OF INSTALLATION STD. (STRL,UG CIVIL, ARCH) 13310
0003
7-75-0002 5 Skirting detail (with brick wall). 13315
7-75-0003 5 Skirting detail (with RCC column). 13316
7-75-0004 5 Dado detail (with brick wall and RCC col.) 13317
7-75-0006 5 Steel door hollow type single shutter. 13318
7-75-0007 5 Steel door hollow type double shutter. 13319
7-75-0011 5 Wooden flush door (with pressed steel frame). 13320
7-75-0012 5 Wooden flush door (with wooden frame). 13321
7-75-0013 5 Wooden glazed door double shutter. 13322
7-75-0014 5 Glazed aluminium door. 13323
7-75-0015 5 Glazed aluminium window. 13324
7-75-0016 1 Aluminium sliding window (2 track type) 13325
7-75-0017 1 Aluminium sliding window (3 track type) 13326
7-75-0025 5 Steel wire-mesh window. 13327
7-75-0027 5 Steel windows / ventilators general specifications. 13328
7-75-0028 5 Steel windows / ventilators use of sections. 13329
7-75-0029 5 Steel windows section details. 13330
7-75-0031 5 Steel windows / ventilator (with louvers). 13331
Page 19 of 13748
Click on the Document Title to go to that section of the document
Table of Contents
Document Number Rev. Document Title Page
Number
7-75-0032 5 Steel windows fittings and fixtures. 13332
7-75-0036 6 Pipe handrail with square up right type. 13333
7-75-0041 5 False ceiling details with aluminium grid. 13334
7-75-0042 5 Aluminium panel false ceiling (84C system). 13335
7-75-0043 5 Aluminium panel false ceiling (tray type). 13336
7-75-0049 1 False flooring 13338
7-75-0051 5 Transformer gate details (upto 6000mm. width) 13341
7-75-0052 4 Transformer gate details (beyond 6000mm. width) 13343
7-75-0054 5 Steel gate (for entrances upto 6.0m width). 13344
7-75-0060 5 Orissa pan W.C. (fixing detail). 13346
7-75-0062 5 European type W.C. (fixing detail). 13348
7-75-0063 5 Urinal fixing detail. 13350
7-75-0064 5 Wash basin fixing detail. 13351
7-75-0065 5 Plinth protection (with building drain) 13353
7-75-0066 5 Wooden panel door (toilet door). 13355
7-75-0068 5 Roof drainage and water proofing. 13356
7-75-0070 5 Steel door (pressed steel) single shutter. 13359
7-75-0071 5 Steel door (pressed steel) double shutter. 13360
7-75-0091 1 Metal sheet (flashing detail) 13361
7-75-0093 0 Stainless steel tubular handrail 13363
7-75-0095 0 Toilet Cubicles Details 13367
7-75-0096 0 Toilet for differently abled persons 13368
7-68-0056 7 Metal insert plates. 13369
7-68-0417 7 MS anchor bolt assemblies 13376
7-68-0501 7 Handrails 13383
7-68-0505 1 Spiral staircase 13391
7-68-0506 6 Steel stairs 13393
7-68-0507 7 Details of steel ladder 13399
7-68-0631 5 Liquid retaining structure concrete joints 13402
7-68-0697 4 Electroforged grating type-I & type-II 13407
7-68-0552 7 Circular platform for hot vessels 13415
7-68-0553 7 Details of brackets of circular platforms for hot vessels 13423
7-68-0555 7 Circular platform for cold vessels 13428
7-68-0556 6 Details of brackets of circular platforms for cold vessels 13433
7-65-0001 4 Abbreviations, legends and equipment symbols. 13436
7-65-0006 4 Cable crossings under road (PVC pipes). 13440
7-65-0008 4 Pipe sleeve details 13441
7-65-0010 5 Road curves and crossing. 13442
7-65-0103 4 Pipe culvert for storm water drainage. 13443
7-65-0104 5 Box culvert type I, II, III and IV. 13445
7-65-0206 4 Grating detail for catch basin (for both steel & galvanized material). 13446
7-65-0207 3 Valve pit (RCC) type-V for dia 2" to ¿ dia 6" valve 13447
7-65-0208 3 Valve pit (RCC) type-VI for Ø 8" >= to <= Ø 16" valve 13448
7-65-0209 3 Valve pit (RCC) type-VII for ø 16¿ ¿ to ¿ ø 24¿ dia valve 13449
7-65-0211 4 Details of rungs for manholes, valve pits, tanks, etc. 13450
7-65-0212 4 Standard miscellaneous details for manholes. 13451
7-65-0213 5 Conc. bedding and encasement for pipes. 13452
7-65-0214 5 Gully trap chamber. 13453
7-65-0215 4 Inspection chamber. 13454
Page 20 of 13748
Click on the Document Title to go to that section of the document
Table of Contents
Document Number Rev. Document Title Page
Number
7-65-0216 5 Septic tank type I, II, III & IV 13455
7-65-0217 5 Details of soak pit. 13456
7-65-0219 4 Vents for manholes. 13457
7-65-0220 5 Valve pit type-1 for dia. < 3¿". 13458
7-65-0221 5 Valve pit type-II for ø 4¿ to ø 6¿ valve 13459
7-65-0224 2 Chequered plate details (for masonry valve pit type-I, type-II, type- 13460
III & type-IV)
7-65-0230 4 Typical detail of bend pipe for manholes. 13461
7-65-0256 5 Manhole type-6 for depth <= 3m, (ø <= 800). 13462
7-65-0257 5 Manhole type-7 for depth <= 3m, (ø <= 800). 13463
7-65-0258 5 Manhole type-8 for depth < 5m for pipe ø < 1000 13464
7-65-0259 5 Manhole type-9 for depth ¿ 3m (ø ¿ 1000) 13465
7-65-0260 5 Manhole type-10 for depth < 3m for pipe ø < 500 13466
7-65-0261 5 Manhole type-11for depth < 5m for pipe ø < 800 13467
7-65-0262 5 Manhole type-12 for depth < 5m for pipe ø < 1000 13468
7-65-0263 5 Manhole type-13 for depth ¿ 5m (ø ¿ 800) 13469
7-65-0264 5 Manhole type-14 for depth ¿ 3m for pipe ø ¿ 500 13470
7-65-0265 5 Unit drainage details (for catch basin type-3). 13471
7-65-0266 5 Unit drainage details (equipment drain funnels). 13472
7-65-0267 5 Unit drainage details (O.W.S manhole type-15) (for Ø ¿ 600). 13473
7-65-0268 5 Unit drainage details (for OWS / CRWS manhole type-16) (for pipe 13474
ø <= 500)
7-65-0269 5 Unit drainage details (CBD & ABD header laying detail). 13475
7-65-0270 5 Unit drainage details (clean out for C.B.D header). 13476
7-65-0271 4 Unit drainage details typ. branch connection for C.B.D./O.W.S. 13477
7-65-0272 5 Unit drainage details (rectangular ditch details). 13478
7-65-0273 5 Unit drainage details (manhole combined with double valve pits). 13479
7-65-0274 1 Clean out for OWS & SS 13480
7-65-0310 4 Detail of neutralization pit. 13481
7-65-0404 3 RCC pavement details. 13482
7-65-0412 3 Typ. detail of acid/alkali proof lining. 13483
7-65-0420 4 Installation details of fire water hydrant. 13484
7-65-0421 3 Installation details of water or water cum foam monitor, long range 13485
foam / water monitor.
6-82-2700 3 ITP for civil, structural & architectural works (EPCC / LSTK 13486
contracts)
B224-110-16-50-LL- A LIST OF ENGINEERING/INSTALLATION STANDARDS 13524
02 (ELECTRICAL)
7-51-0002 5 Symbols single line diagrams. 13528
7-51-0003 1 Symbols - SLD based on IEC & international practice 13534
7-51-0011 5 Symbols wiring diagrams. 13546
7-51-0021 5 Symbols - plans (layout drawings). 13548
7-51-0022 0 Symbols ¿ layout based on IEC & international practice 13552
7-51-0101 5 Typical earth electrode for earthing system. 13564
7-51-0102 7 Typical earth electrode in test pit. 13565
7-51-0103 6 Typical earth plate and fixing details. 13566
7-51-0104 5 Typical arrangement for earthing of motor 13567
7-51-0105 6 Typical arrangement for earthing of transformer. 13568
7-51-0106 5 Typical earth connection for push button station. 13569
7-51-0107 5 Typical earth connection for lighting pole. 13570
Page 21 of 13748
Click on the Document Title to go to that section of the document
Table of Contents
Document Number Rev. Document Title Page
Number
7-51-0108 6 Typical earthing of tanks, vessel and spheres. 13571
7-51-0109 5 Typical arrangement for earthing of overhead cable tray and 13573
electric motor.
7-51-0111 5 Typical earthing arrangement for process equipment. 13574
7-51-0112 5 Earthing/bonding of pipes and pipe racks (in hazardous area). 13575
7-51-0115 5 Fence and gate earthing (Transformer yard). 13577
7-51-0116 7 Equipment earthing schedule. 13578
7-51-0201 5 Typical installation of lighting fixture at ground level. 13579
7-51-0202 5 Typical installation of lighting fixture on platform. 13580
7-51-0203 5 Typical installation of open area flood light fixture mounted on wall 13581
or column.
7-51-0205 5 Typical installation of flood light fixtures (two) mounted on pole. 13582
7-51-0207 5 Typical installation of street lighting fixture. 13584
7-51-0208 6 Typical Marshalling box details for lighting poles. 13586
7-51-0212 5 Typical installation of fluorescent / led fixture mounting in exposed 13587
wiring system.
7-51-0213 5 Typical installation of recessed mounted fluorescent / led fixture. 13588
7-51-0214 5 Typical installation of recessed mounted or below false ceiling 13589
mounted lighting fixture.
7-51-0215 5 Typical installation of recessed mounted lighting fixture block of 13590
four.
7-51-0216 5 Typical installation of high bay lighting fixture. 13591
7-51-0217 5 Typical installation of well glass lighting fixture (safe area). 13592
7-51-0218 5 Typical installation of bulkhead lighting fixture. 13593
7-51-0219 5 Typical installation of dispersive reflector fixture. 13594
7-51-0220 5 Typical installation of aviation obstruction light. 13595
7-51-0221 5 Typical installation of hazardous area well glass / dome glass / flat 13596
glass lighting fixture.
7-51-0222 5 Typical installation of hazardous area bulk-head fixture. 13597
7-51-0223 5 Typical installation of flood light fixture. 13598
7-51-0224 5 Typical installation of weather proof light fixture. 13599
7-51-0225 5 Typical installation of flame proof lighting / power panel. 13600
7-51-0226 5 Typical installation of lighting / power panel wall (surface) 13601
mounted.
7-51-0229 5 Typical installation details of lighting fixture mounting in concealed 13602
conduit system.
7-51-0230 5 Typical installation of lighting / power panel flush mounted. 13603
7-51-0232 4 Typical installation of metsec channel and lighting fixture. 13604
7-51-0233 0 Typical Installation of Ground Level Lighting Fixture with Precast 13605
Foundation
7-51-0236 0 Typical Details of Switchboard/ Conduit for Lighting 13606
Switches/MCP/FCS in Blast Proof Wall
7-51-0301 5 Marking of trenches for electric cables. 13610
7-51-0302 5 Typical section of cable trench in unpaved areas. 13611
7-51-0303 6 Typical section of RCC cable trench. 13612
7-51-0305 5 Installation details for conduit or cable support on wall/ slab/ beam. 13613
7-51-0306 5 Installation details for control station on structural channel in paved 13614
area.
7-51-0307 5 Installation details for control station on concrete/ steel column in 13615
paved area.
7-51-0311 5 Connection details for vertical motor and control station (cable 13616
below ground).
Page 22 of 13748
Click on the Document Title to go to that section of the document
Table of Contents
Document Number Rev. Document Title Page
Number
7-51-0312 5 Connection details for horizontal motor and control station (cable 13617
below ground).
7-51-0313 5 Connection details for horizontal motor (cable below ground). 13618
7-51-0314 5 Connection details for motor and control station (cable in tray). 13619
7-51-0315 5 Installation details for socket/ receptacle mounted on wall/ column 13620
(cable below ground).
7-51-0316 5 Installation details for socket/ receptacle mounted on column 13621
(cable in tray).
7-51-0317 5 Installation details for socket/ receptacle/ control station mounted 13622
on handrail.
7-51-0321 4 Details of RCC duct above finished grade level. 13623
7-51-0322 4 Details of ERC below grade level. 13624
7-51-0323 4 Cable termination for motors (Cable dropping from overhead trays) 13625
7-51-0324 4 Cable termination for motors Cable dropping along column (for HV 13626
/ MV Motors)
7-51-0325 4 Cable termination for motors (Cable laid in trench) 13627
7-51-0326 4 Arrangement for termination of cables laid in trench (for HV/MV 13628
motors)
7-51-0332 3 Safety measures for electrical installations during construction 13629
7-51-0333 3 Details for hot dip galvanized ladder type cable trays 13631
7-51-0335 3 Typ. installation details of electrical panels on false flooring 13634
7-51-0336 3 Typ. installation details of electrical panels on cable trench 13635
7-51-0337 1 Limiting dimensions for distribution transformer upto 2500KVA 13637
7-51-0338 1 Limiting dimensions for power transformer upto 31.5MVA 13638
7-51-0701 2 Notes, legend and details for area classification (Onshore Oil/Gas 13639
installation)
7-52-0041 4 Orifice plates and flanges dimensional details. 13660
B224-110-16-51-MD- A LIST OF ENGINEERING/ INSTALLATION STANDARDS 13674
7210 (INSTRUMENTATION)
B224-110-80-45- 0 LIST OF STANDARDS 13727
MDX-0003
7-17-0473 1 Fabricated sight door assembly with glass (120x220 opening) 13729
7-17-0474 1 Fabricated sight door assembly with glass (170x270 opening) 13738
7-17-0320 5 Insulation details at sight door. 13747
Page 23 of 13748
HPCL RAJASTHAN REFINERY LIMITED (HRRL)
RAJASTHAN REFINERY PROJECT (RRP)
AT
BIDDING DOCUMENT
FOR
EPCC-10 PACKAGE
VACUUM GASOIL HYDROTREATING UNIT &
REFINERY OFFGAS PSA (VGO HDT & ROGPSA)
Page 24 of 13748
MASTER INDEX
NO. OF
S. NO. DESCRIPTION
SHEETS
1. COVER PAGE 1
2. MASTER INDEX 2
3. INVITATION FOR BIDS (IFB) 21
4. INSTRUCTIONS TO BIDDERS (ITB) 36
i) APPENDIX – I: COMMERCIAL QUESTIONNAIRE 8
ii) APPENDIX – II: CONTENTS OF BID AND CHECK LIST 6
iii) APPENDIX – III: INTEGRITY PACT 11
iv) APPENDIX – IV: E-TENDERING METHODOLOGY 14
v) APPENDIX – V: TRC & FORM -10F 3
vi) APPENDIX – VI: POA format 2
vii) APPENDIX – VII: PREFERENCE UNDER DMI&SP POLICY 12
viii) APPENDIX – VIII: PURCHASE PREFERENCE (LINKED WITH LOCAL 25
CONTENT)
ix) APPENDIX – IX: AFFIDAVIT – INDIAN ESTABLISHMENT 2
x) APPENDIX – X: BIDDING FORMS 51
xi) APPENDIX – XI: PARENT COMPANY CORPORATE GUARANTEE 4
(PCCG) FORMAT
5. GENERAL CONDITIONS OF CONTRACT FOR WORKS CONTRACT 51
6. SPECIAL CONDITIONS OF CONTRACT (SCC) 138
i) ANNEXURE – I: TIME FOR COMPLETION 2
ii) ANNEXURE – II : LOADING AND GUARANTEES 2
iii) ANNEXURE – III : CONSTRUCTION SUB-CONTRACTOR’S APPROVAL 3
iv) ANNEXURE – IV : QUALIFICATION AND EXPERIENCE OF KEY 6
SUPERVISORY CONSTRUCTION PERSONNEL
v) ANNEXURE – V: DELETED -
vi) ANNEXURE – VI: LIST OF MAJOR TAGGED EQUIPMENTS 2
vii) ANNEXURE – VII: FREE ISSUE MATERIAL DETAILS 2
viii) ANNEXURE – VIII: DELETED -
ix) ANNEXURE – IX: WORK DURING MONSOON 3
x) J ANNEXURE – X: TERMS OF PAYMENT 12
xi) KANNEXURE – XI: DELETED -
A546_MI
Page 25 of 13748
xii) ANNEXURE – XII: DELETED -
xiii) ANNEXURE – XIII: QUALITY ASSURANCE SYSTEM 2
xiv) ANNEXURE – XIV: OISD GUIDELINES-192, OISD GUIDELINE-207 126
xv) ANNEXURE – XV: CONTRACTOR’s LABOUR REGULATIONS 6
xvi) ANNEXURE – XVI: MODEL RULES FOR LABOUR WELFARE 5
xvii) ANNEXURE – XVII: FORM OF CONTRACT 5
xviii) ANNEXURE – XIX: PRICE ADJUSTMENT FOR SLIPPAGE IN 2
COMPLETION
xix) ANNEXURE – XX: DELETED -
xx) ANNEXURE – XXI: DELETED -
xxi) ANNEXURE – XXII: DELETED -
xxii) ANNEXURE – XXIII: DELETED -
xxiii) ANNEXURE – XXIV: TAXES & DUTIES 10
xxiv) ANNEXURE – XXV: TERMS & CONDITIONS FOR POST WARRANTY 2
ANNUAL MAINTENANCE CONTRACT (PWAMC)
xxv) ANNEXURE – XXVI: LAND, POWER, WATER AND OTHER FACILITIES 6
xxvi) ANNEXURE – XXVII: CONDITIONS FOR ISSUE AND RECONCILIATION 10
OF MATERIALS
xxvii) ANNEXURE – XXVIII: PRICE REDUCTION FOR DELAY IN ACHIEVING 2
INTERMEDIATE MAJOR MILESTONE
A546_MI
Page 26 of 13748
HPCL RAJASTHAN REFINERY LIMITED (HRRL)
RAJASTHAN REFINERY PROJECT (RRP)
AT
BIDDING DOCUMENT
FOR
EPCC-10 PACKAGE
VACUUM GASOIL HYDROTREATING UNIT &
REFINERY OFFGAS PSA (VGO HDT & ROGPSA)
PREPARED BY:
Page 27 of 13748
INVITATION FOR BIDS (IFB)
FOR EPCC-10 PACKAGE - VACUUM GASOIL
HYDROTREATING UNIT & REFINERY OFFGAS PSA (VGO
HDT & ROGPSA) FOR RAJASTHAN REFINERY PROJECT
(RRP) OF M/s HRRL, BARMER, RAJASTHAN, INDIA
(BIDDING DOCUMENT NO.: AKR/B224-110-PM-T-7210/2006)
(INTERNATIONAL COMPETITIVE BIDDING)
1.0 INTRODUCTION:
1.2. The Owner (HRRL) is implementing Rajasthan Refinery cum Petrochemical Complex
Project hereafter called as “Rajasthan Refinery Project” (RRP) having a crude
processing capacity of 9 MMTPA. The Project shall broadly comprise of the following,
but not limited to, facilities:
a) The complex primarily consists of grass root refinery comprising of CDU/VDU, MS
Block, DHDT, VGO-HDT Unit, PFCC Unit, DCU and corresponding
treating/sweetening facilities along with an integrated grass root petrochemical
complex comprising of DFCU, 2 trains of PPU, Butene-1 and two trains of
LLDPE/HDPE.
b) Utilities & Offsite facilities, Captive Power Plant and other associated facilities
c) Crude oil receipt, handling and dispatch facilities for imported crude comprising of
SPM, offshore/ onshore pipeline, Crude Oil Terminal, and pumping facilities.
d) New gas pipeline and associated facilities for transfer of Natural Gas from Cairn’s
Rageshwari field to Refinery Site.
e) New Crude oil pipeline & associated facilities for transfer of crude from Cairn’s
Mangla Terminal to Refinery site.
f) Main Water intake facility, raw water reservoir and pumping facility & raw water
pipeline and associated facilities for transfer of raw water to Township Site. Raw
water reservoir & pumping facility at township, raw water pipeline and associated
facilities for transfer of raw water to Refinery Site. Construction water pipeline and
associated facilities.
1.3. HRRL has awarded EIL the job for carrying out execution of Project as Project
Management Consultant (PMC) for Rajasthan Refinery Project (RRP).
As part of this scope of work, selection of EPCC/LSTK Contractor to be carried out for
EPCC-10 PACKAGE - VACUUM GASOIL HYDROTREATING UNIT & REFINERY
OFFGAS PSA (VGO HDT & ROGPSA).
1.4. EIL on behalf of HRRL, invites e-Bids for above mentioned EPCC-10 PACKAGE on
Lump Sum Turnkey (LSTK) Basis under a single stage three part bid system (collectively
referred to as “Bidding Process”) from the competent EPCC/LSTK Contractors with
sound technical, commercial and financial capabilities meeting the qualification criteria
as stated in clause no. 5.0 below.
2.0 BRIEF SCOPE OF WORK OF EPCC/LSTK CONTRACTOR:
The scope of work of EPCC/ LSTK Contractor includes Project Management, Residual
Process Engineering, Detailed Engineering, Procurement, Fabrication, Inspection,
Transportation of all equipment/ materials to the work site, storage, assembly, erection,
installation, construction, pre-commissioning, commissioning and performance
Page 28 of 13748
guarantee testing in presence of Process Licensor(s), EIL & Owner’s Representative and
handing over of the Unit on lump sum turnkey basis including supply of mandatory /
recommended spares for EPCC-10 package (VGO HDT (3.5 MMTPA capacity) &
ROGPSA (33 KTPA capacity)).
The detailed scope of work of the EPCC/ LSTK Contractor including requirement of
statutory approvals is defined elsewhere in the Bidding Document.
3.0 TIME SCHEDULE FOR COMPLETION:
The Time Schedule for this work shall be 28 Months for Mechanical Completion plus 2
Months for Commissioning, from the date of issue of Letter of Acceptance (LOA).
4.0 SALIENT FEATURES OF BIDDING DOCUMENT:
S. SALIENT DETAILS
NO. FEATURES
Bidding Document
a) : AKR/B224-110-PM-T-7210/2006
No.
Contact Details:
Page 29 of 13748
S. SALIENT DETAILS
NO. FEATURES
Document:
Page 30 of 13748
S. SALIENT DETAILS
NO. FEATURES
Page 31 of 13748
S. SALIENT DETAILS
NO. FEATURES
time of e-bid submission and its scanned copy shall
be uploaded in the designated place in e-
procurement portal.
Notes:
4.1 If any of the dates indicated at Sl. No. 4.0 f), h), l) above happens to be a declared
holiday/closed day in EIL, Gurugram, the next working day shall be considered.
4.2 All Amendments/Addendums/Corrigendum, time extension, clarifications, etc. shall be
uploaded in the above mentioned e-tendering website only and shall not be published in
Newspapers. Bidders should regularly visit the above website(s) to keep themselves
updated and submit their Bids based on the latest information/instructions hosted in e-
tendering website.
4.3 Bidder shall submit all their requests for extension of Bid submission date (if
unavoidable) and/or any queries prior to and/or during the pre-bid meeting. Owner/EIL
may at its sole discretion extend Bid submission due date on such written requests.
4.4 However, request for extension of Bid submission date received from any bidder with
less than Seven working days prior to bid submission due date shall generally be
ignored, since there will not be adequate time for proper communication with the Owner
and other Bidders.
5.0 BIDDER’S QUALIFICATION CRITERIA (BQC):
5.1 TECHNICAL CRITERIA (BQC Technical):
The Bidder shall either be a
A sole bidder or
an incorporated JV (called sole bidder) or
a Consortium (including an unincorporated Joint Venture) having a maximum of 2
(two) members
The Bidder shall meet the following qualification criteria:
Page 32 of 13748
5.1.1 The bidder (in case of sole bidder) or leader of the consortium (in case the bidder is a
consortium) should have executed, as EPCC/LSTK Contractor with single point
responsibility, a contract, involving Project Management, Residual Process engineering,
Detailed Engineering, Procurement, Fabrication, Inspection, Erection, Construction, Pre-
commissioning and Commissioning / Commissioning Assistance of at least one
grassroots process plant in a process Industry out of Refinery, Petrochemical, On shore
Oil & Gas processing facilities, Offshore Oil & Gas processing facilities, Chemical,
Fertilizer, Metallurgy (Ferrous) and LNG. EPCC/LSTK jobs carried out on open book
estimate/cost reimbursable basis shall also be considered.
Bidder’s/leader of consortium’s experience as above involving at least one grass root
process unit in combination with any Utilities and/or offsite facilities within the same
complex shall also be considered acceptable.
Exclusive experience of Utility System / Utility block, waste water effluent treatment,
offsite facilities, etc. shall not be considered as relevant experience.
For the reference plant, in case the bidder/leader of consortium has used services of
engineering sub-contractor(s) for Residual Process engineering, Detailed Engineering
and pre-commissioning/commissioning assistance, the same shall be considered
acceptable and bidder has to declare details of such arrangement along with the bid
(documentary evidence to be provided as per Clause no.5.5.5 below).
5.1.2 In addition, bidder (either the sole bidder or one of the members of consortium) should
also have experience of residual process engineering, detailed engineering, engineering
for procurement, pre-commissioning/commissioning assistance of any of the grassroots
process plants as listed below:
o Delayed Coker Unit
o Crude / Vacuum Distillation Unit
o Fluid Catalytic Cracking Unit/ Resid FCC/Petrochemical FCC Unit
o Hydrocracker Unit
o Residue Hydrocracking Unit
o Diesel Hydrotreating Unit / Diesel Hydro desulphurization (DHDS) Unit
o Naphtha Hydrotreater and Catalytic Reforming Unit
o Naphtha Hydrotreater Unit and Naphtha Isomerisation Unit
o MS Block (Naphtha Hydrotreater and Catalytic Reforming Unit and Naphtha
Isomerisation Unit)
o VGO/CGO Hydrotreating Unit
o Hydrogen Unit (Steam reforming based)
o Gas Cracker Unit / Naphtha Cracker unit / Dual Feed Cracker Unit
o Polymer Unit (PP or HDPE or LLDPE/HDPE Swing or LDPE or LLDPE)
o Process unit(s) in Aromatic Complex (Comprising of Units like NHT/Catalytic
Reformer, Xylene Isomerization, Xylene Fractionation/ Para-Xylene Unit)
o Purified Terephthalic Acid (PTA) Unit
o Mono Ethylene Glycol(MEG) Unit
o Ammonia / Urea Plant
o Methanol Unit
Page 33 of 13748
o Linear Alkyl Benzene (LAB) Unit
o Lube Oil block process Units (Conventional / Hydro processing)
o Atmospheric Residue Desulphurisation (ARDS) Unit
o Vacuum Residue Desulphurisation (VRDS) Unit
5.1.2.1 In case the bidder (either the sole bidder or leader of the consortium) meets the criteria
at 5.1.1 above but neither the sole bidder nor any of the consortium members meet the
criteria at 5.1.2 above (i.e., sole bidder or none of the consortium members), bidder shall
be considered acceptable, provided the bidder engages an engineering sub-contractor
who meets the criteria at para 5.1.2 above.
5.1.2.2 In such a case, the bidder, along with the bid, shall submit Memorandum of
Understanding (MoU)/Agreement with the Engineering Sub-contractor (either the same
subcontractor who was engaged in the reference job or any other subcontractor meeting
the requirement in 5.1.2 above) for executing the residual process engineering &
detailed engineering, engineering for procurement, HAZOP/ SIL studies, Technical &
Construction Audit, Pre-commissioning/Commissioning assistance & PGTR assistance,
which shall be binding on the bidder and is not to be changed thereafter and shall
remain in force at least till the pendency of the Contract.
The MOU/ Agreement shall be converted into definite contract agreement between
successful bidder & engineering sub-contractor after award of job and before signing of
contract with HRRL which shall be done within 45 days from the date of award to
LSTK/EPCC Contractor and this agreement must remain in force at least till the
pendency of the Contract.
5.1.2.3 The provision of engaging engineering subcontractor shall be mandatory, if the bidder’s
experience of the reference job (as per clause 5.1.1) is based on engagement of an
engineering sub-contractor meeting the requirement stated under clause no. 5.1.2.
5.1.3 The reference units provided by the bidder with respect to their experience as mentioned
in Clause No. 5.1.1 & 5.1.2 above must be Non Captive units (shall mean, other than In-
house units executed and completed for their Own (themselves) and bidder is required
to declare the same upfront in the bid. Experience of any Revamp/Debottlenecking of
units, Pilot plant & Demo plant - shall not be considered for qualification.
5.1.4 In case of Consortium, the member (other than leader) on his own or as a consortium
member, should have executed a contract wherein his scope involves either
Engineering, Procurement, Construction & Commissioning/ Commissioning assistance
(EPCC) or Procurement & Construction (PC) or only Construction (C) of a process plant
as per clause no. 5.1.1 above for a Grass root project or a Revamp project. However,
the above reference units must be Non Captive units (Shall mean, other than In-house
units executed and completed either for their Own or for Parent or for
Subsidiary/affiliate). Pilot plant & Demo plant shall not be considered for qualification.
Bidder is required to declare the same upfront in the bid.
5.1.5 The unit(s) as referred in Clause 5.1.1, 5.1.2 & 5.1.4 above must have been
commissioned and should have completed operation for at least one (1) year after
commissioning within the last 10 (Ten) years from the last day of the month immediately
previous to one in which bid is invited (floated) in e-tendering website
https://eprocure.gov.in/eprocure/app.
The clause 5.1.4 does not apply to the member of consortium if the member is an
affiliate/ subsidiary of the leader/ prime member of consortium.
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5.2 COMMERCIAL EXPERIENCE CRITERIA
5.2.1 The contract(s) under clause no. 5.1.1 of BQC Technical against which Bidder (In case
of sole Bidder, also including an incorporated Joint Venture) or Leader of the Consortium
(in case the bidder is a consortium) is getting qualified should have been completed
within the last 10 (Ten) years from the last day of the month immediately previous to one
in which bid is invited (floated) and must have the value(s) as under:
(i) One contract having value not less than INR 6210 Million or US $ 88.29 Million
Or
(ii) Two contracts, each having value not less than INR 4140 Million or US $ 58.86
Million
Or
(iii) Three contracts, each having value not less than INR 3105 Million or US $ 44.14
Million
5.2.2 In case of Consortium, the Member (other than the Leader) shall meet the following:
The contract(s) under clause no. 5.1.4 of BQC Technical against which Bidder (only
member of consortium other than the Leader) is getting qualified should have been
completed within the last 10 (Ten) years from the last day of the month immediately
previous to one in which bid is invited (floated) and must have value(s) as under:
(i) One contract of value not less than INR 3105 Million or US $ 44.14 Million
Or
(ii) Two contracts, each of value not less than INR 2070 Million or US $ 29.43 Million
Or
(iii) Three contracts, each of value not less than INR 1552.50 Million or US $ 22.07
Million
The above criteria 5.2.2 shall not be applicable for a member of consortium who is an
affiliate/ subsidiary of leader of the Consortium.
5.2.3 In case bidder has executed contract(s) meeting the requirements under clause no.
5.1.1 and 5.1.4 of BQC Technical above as a consortium, the value of work performed
by the respective consortium members shall be considered as the value of contract for
the purpose of qualification under 5.2.1 and 5.2.2 above, and bidder has to submit
documents as per clause 5.5.5.
5.2.4 In case bidder has executed contract(s) meeting the requirements under clause no.
5.1.1 and 5.1.4 of BQC Technical above, but such contracts(s) comprise of additional
scope and/or multiple process units under single contract, the value of complete contract
shall be considered for the purpose of qualification vis-a-vis the values given above. For
example, if the total value of multiple process units (and associated facilities, if any) is
more than INR 6210 Million, the same shall be considered qualified under 5.2.1 (i),
provided it is under a single contract.
5.3.1.1 Bidder (In case of sole Bidder, also including an incorporated Joint Venture) or Leader of
the Consortium (in case the bidder is a consortium) shall meet the following: -
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The average annual financial turnover during the last 3 years, ending 31st March /31st
December of the previous financial year, should be at least INR 3105 Million (for Indian
Bidder) OR US Dollar 44.14 Million (for Foreign Bidder).
5.3.1.2 In case of consortium, Member (other than the Leader) of the Consortium shall meet the
following:
The average annual financial turnover during the last 3 years, ending 31st March /31st
December of the previous financial year, should be at least INR 1552.50 Million (for
Indian Bidder) OR US Dollar 22.07 Million (for Foreign Bidder).
The financial net worth of the Bidder (sole Bidder or incorporated Joint Venture or
Leader of the Consortium) and second member of consortium as per the audited
financial results of immediate preceding financial year shall be positive barring CPSEs
approved by PMC and/or HRRL.
5.3.3.1 Bidder (In case of sole Bidder, also including an incorporated Joint Venture) or Leader of
the Consortium (in case the bidder is a consortium) shall meet the following:
Minimum working capital equal to INR 414 Million (for Indian Bidder) OR US Dollar
5.89 Million (for Foreign Bidder) as per the immediate preceding year’s audited
financial results.
5.3.3.2 In case of consortium, Member (other than the Leader) shall meet the following:
Minimum working capital equal to INR 207 Million (for Indian Bidder) OR US Dollar
2.94 Million (for Foreign Bidder) as per the immediate preceding year’s audited
financial results.
5.3.3.3 In case, Bidder (sole Bidder or an incorporated Joint Venture) or each member of the
Consortium (in case the bidder is a consortium) is unable to meet the working capital
requirements as above, the bidder/consortium member can supplement the respective
working capital requirement with a fund based line of credit from any scheduled bank in
India (letters from multiple banks not acceptable) having net worth more than equivalent
INR 1000 Million. In such a case, bidder/consortium member shall furnish a declaration
from the bank for availability of unutilized fund based line of credit for the shortfall in
working capital below the value as mentioned above, in the format enclosed as
Appendix – I attached herewith. Such declaration from bank shall present the availability
of unutilized fund based line of credit of the bidder/consortium member for a date
between the issue date of Bidding Document and the bid due date /extended bid due
date. The bidder/consortium member shall furnish the original declaration letter from the
bank for availability of line of credit.
The provisions of clause 14 of the ITB shall apply failing which the bid shall be
rejected.
5.4 GENERAL:
5.4.1 Sole Bidder being a foreign entity or any one of the member of the consortium bidder,
should have an operating Indian establishment which is either their own or
subsidiary/affiliate wherein they have controlling rights as on the last day of the month
immediately previous to one in which bid is invited (floated). This Indian establishment
must:
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a) have been in operation for more than 7 (Seven) years reckoned from the last day of
the month immediately previous to one in which bid is invited (floated) (i.e. the issue
of IFB on e-tendering website)
c) Indian PF registration certificate and ESI registration document in the name of Indian
Establishment and copies of challan/relevant documents in support of number of
employees for the month immediately previous to one in which the bid is invited
(floated).
d) Affidavit signed by from any one out of CEO or CFO or Company Secretary or any
Functional Director in Board of Directors confirming above requirements under
clause 5.4.1.
5.4.2 Parties who are affiliates of one another can decide which Affiliate will make a bid. Only
one affiliate may submit a bid. Two or more affiliates are not permitted to make
separate bids directly or indirectly. If two or more affiliates submit separate bids, then all
of them shall be summarily rejected. However, up to two affiliates may make a joint bid
as a Consortium, and in which case the conditions applicable to a consortium shall
apply to them.
Entities which are affiliate to one another are allowed to Bid either as a sole bidder or as
a consortium only.
5.4.3 "Affiliate" of a Party shall mean any company or legal entity which:
"Control" means actual control or ownership in excess of 50% voting or other controlling
interest that gives the power to direct, or cause the direction of, the management and
material business decisions of the controlled entity.
5.4.4 A firm which has been engaged by HRRL to provide licensing or services for this Project
(here “Project” shall mean the project embracing the works and/or unit(s) forming the
subject matter of the Bid and resultant Contract) and any of its affiliates that directly or
indirectly controls, is controlled by, or is under common control with that firm, are
disqualified from executing EPC works for the same project. Conversely a firm hired to
execute EPC works for implementation of this Project and any of its affiliates, are
disqualified from providing services related to the initial assignment for the same Project.
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Bidder/each member of consortium to provide declaration regarding this as per Appendix
– II attached herewith, in their letter head duly signed and stamped by their Power of
Attorney holder failing which their bid shall be rejected.
5.4.5 Fulfillment of Bidder’s Qualification Criteria and certain additional conditions in respect
of each type of bidders as per clause 5.0 are stated below, respectively:
5.4.5.1 Sole bidder or incorporated JV:
The sole bidder or incorporated JV shall fulfill each Bidder’s Qualification Criteria
(Technical, Commercial Experience, Financial and General) on their own.
5.4.5.2 Consortium:
In case the bidder is a Consortium (including an unincorporated JV), then the following
conditions shall apply:
a. The minimum scope of Bidder /Leader (in case of consortium) shall be as given
below:
(i) Overall Project management including Planning, monitoring, scheduling
and reporting.
(ii) Health, Safety and Environment(HSE) Management
(iii) Risk Management
(iv) Preparation / Approval of MR of Critical equipment and Package items as
defined in tender elsewhere.
(v) HAZOP/ SIL studies, Technical & Construction Auditing
(vi) Quality Assurance
(vii) Pre-commissioning/ Commissioning assistance and PGTR assistance.
In case bidder qualifies under Clause 5.1.2 through his engineering sub-
contractor/consortium member, activities listed at sr. no. iv, v, & vii shall be
included under scope of work of the engineering sub-contractor/consortium
member.
b. Each member in a consortium may only be a legal entity and not an individual
person;
c. The Bid shall specifically identify and describe each member of the consortium;
d. The consortium member descriptions shall indicate what type of legal entity the
member is and its jurisdiction of incorporation (or of establishment as a legal
entity other than as a corporation) and provide evidence by a copy of the articles
of incorporation (or equivalent documents);
e. One participant member of the consortium shall be identified as the “Prime
Member (Leader)” of the consortium and shall not be allowed to be altered at any
stage.
f. The consortium leader and the distribution of work among the Consortium
members shall be identified and submitted along with the bid and shall not be
changed thereafter.
g. The division of scope of work between the Consortium members shall be based
on their past relevant experience. However, this clause shall not be applicable to
the consortium where one member is affiliate/ subsidiary company of the prime
member/ leader of the consortium.
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h. The Prime member/ Leader and the member (other than the Leader) shall meet
the respective Bidder’s Qualification Criteria (Technical, Commercial Experience,
Financial and General) on their own.
i. No change shall be permitted in the number, nature or share holding pattern of
the Consortium members after bid submission, without the prior written
permission of the Owner.
j. No change in project plans, time schedule or lump sum contract price will be
permitted as a consequence of any withdrawal or failure to perform by a
consortium member.
k. No consortium member shall hold less than 25% stake in a consortium.
l. Entities which are affiliates of one another are allowed to bid either as a sole
bidder or as a consortium only.
m. Entity can bid either single or as a member of only one consortium.
n. Consortium member shall give power of attorney to the leader to represent it for
bid and contract execution, incur liabilities and receive instruction for and on
behalf of any and all members of Consortium.
o. The Prime Member (Leader) of the Consortium shall submit the bid on behalf of
the Consortium. Memorandum of Understanding (MoU) between the Consortium
members duly signed by the authority(ies), must accompany the techno-
commercial bid. All the members of the Consortium must resolve and affirm in
the MoU that each party shall be jointly and severally liable to the Owner for any
and all obligations and responsibility arising out of the Contract. MoU signed
between the members of the Consortium shall be converted to a definite
agreement and shall form part of the contract. In case of award of contract, the
Definite agreement shall be kept valid through the entire contract period, i.e. until
the issuance of Final Certificate by Project Owner to Consortium. After award of
contract, no alterations / modifications would be permitted in the Definite
Agreement.
p. Prime Member/Leader of the Consortium on behalf of the Consortium shall co-
ordinate with Owner and PMC till during bidding as well as during execution of
the contract. Owner/PMC shall correspond with the leader of a Consortium and
vice versa.
q. Any member of the Consortium shall not be permitted to participate either in an
individual capacity as a sole bidder or as a member of another Consortium for
the same work/ tender.
5.5 Documentation
5.5.1 Bidder shall furnish documentary proof of fulfilling the Bidder’s Qualification Criteria. For
Technical and Commercial Criteria under BQC, Bidder shall submit the documents as
per this clause.
5.5.2 Bidder shall submit complete audited annual financial statement along with auditor’s
reports, audited balance sheets and profit & loss accounts statement and all schedules
of the preceding 3 (Three) financial years. In case complete set of audited annual
financial statements (auditor’s reports, audited balance sheets and profit and loss
account) for the immediate preceding financial year is not available for Bid closing date,
the Bidder has an option to submit the audited balance sheets and profit & loss account
of the three previous years immediately prior to the last financial year as per following
provisions:
i) In case, the financial year closing date is within 9 months of bid due date and audited
annual report of immediate preceding financial year is not available, bidder has the
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option to submit the financial details of the three previous years immediately prior to
the last financial year. Otherwise, it is compulsory to submit the financial details of the
immediate three preceding financial years.
Example, in case, audited annual report of immediate preceding financial year (year
ending 31st March) is not available and where bid closing date is up to 31st December,
the financial details of the three previous years immediately prior to the last financial
year may be submitted. However, in case the bid closing date is after 31st December,
it is compulsory to submit the financial details of the immediate three preceding
financial years only.
5.5.3 In case a bidder (a Parent Company) is having wholly owned subsidiaries but only a
single consolidated annual report is prepared and audited which includes the financial
details of their wholly owned subsidiaries, consolidated audited annual report shall be
considered for establishing the financial criteria subject to statutory auditor of the bidder
certifying that separate annual report of bidder (without the financial data of subsidiaries)
is not prepared and audited.
5.5.4 Further, in case a sole bidder [Prime Member (Leader) and/or Member in case of
Consortium] is a subsidiary company and separate annual report of the bidder is not
prepared & audited, but only a consolidated audited annual report of the Parent
Company is available, consolidated audited annual report shall be considered for
establishing the financial criteria subject to statutory auditor of the parent company
certifying that separate annual report of bidder is not prepared and audited.
The Bidder to furnish documentary proof for all the information required for the Bidder
Qualification Criteria. The following documents shall be accepted as documentary proof
of the pre-qualification requirements:
a) Copy of relevant pages of work orders(s)/contract agreements(s)/contract
documents(s) mentioning the value and the scope of work for the reference unit(s)
submitted for qualification, the first page and the signature page.
e) Documents in support of Clause no. 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.1.5 of BQC
Technical and clause no. 5.2 above (i.e. Commercial Experience Criteria) in the
form of copy of the relevant pages of Work order(s)/Contract agreement(s)/
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Contract Document(s) mentioning the scope of work for the reference unit(s) to be
submitted for qualification.
Copy of Work order along with schedule of rates issued by main contractor.
Copies of completion certificates from the End User/ Owner/ PMC and also from
the Main Contractor. The completion certificates shall have details like work order
no. / Date, brief scope of work, ordered & executed value of the job, completion
date, etc.
However, in case bidder is not able to furnish the completion certificates from the
End User/ Owner/PMC in his name, then he shall furnish a copy of the approval by
End User/Owner/PMC for engaging the bidder as a sub-Contractor.
5.5.6 Authentication of documents:
5.5.6.1 All documents submitted by bidders in support of meeting the BQC shall be
Authenticated in following manner:
Either
Duly certified by Statutory Auditor of the bidder or practicing Chartered Accountant (not
being an employee / Director and not having any interest in the bidder’s company)
where audited accounts are not mandatory as per law.
OR
Duly notarized by any Notary Public in the Bidder’s Country or certified true copies duly
signed, dated and stamped by an official authorized for this purpose in Indian Embassy/
High Commission in Bidder’s country.
OR
Bidder shall submit self-certified documents in original from any one out of CEO or CFO
or Company Secretary or any Functional Director in Board of Directors of the bidder
(Limited company only) along with Self-Certification as per Appendix-III attached
herewith. This option shall not be applicable to Proprietorship/ Partnership firms.
Page 41 of 13748
5.5.6.3 The Bid and all correspondence incidental to and in connection with the Bid shall be in
the English Language only. In case a foreign bidder submits any of the Bidder
Qualification support documents in any language other than in English, then it shall be
the responsibility of such foreign Bidder to also provide the English translation copy of
the same duly certified by either of the following:
a) Local Chamber of Commerce of Bidder’s country.
b) Indian Embassy in Bidder’s Country
c) Bidder’s Embassy in India
d) Any translator in India recognized/ authorized by Bidder’s Embassy
5.5.6.4 Bidders shall be required to upload the digitally signed authenticated copies of
documents for meeting BQC on the e-tendering website only. Bidders shall not be
required to submit the original of authenticated documents in physical form to EIL. In
addition, bidder shall also confirm that all authenticated documents submitted for
meeting the BQC are certified as per the authentication requirement defined in the
Bidding Document.
5.5.6.5 Submission of authentic documents is the prime responsibility of the Bidder. HRRL /EIL
reserves the right of getting the document cross verified, at their discretion from the
document issuing authority. Bidder shall provide all necessary assistance in this regard.
With respect to Technical Criteria, Bidder shall also render assistance in facilitating visit
to the reference unit, if so considered necessary by the Owner. Cost of visit shall not be
to the Bidder’s account
In addition to the above, HRRL/EIL shall carry-out cross verification of the lowest evaluated
bidder’s credentials submitted in the bid and considered by HRRL/EIL for meeting the BQC-
commercial experience criteria and BQC - technical criteria from the document issuing
authority. It shall be the responsibility of the bidder to assist HRRL/EIL in carrying out this
exercise. HRRL/EIL shall also reserve the right to communicate directly with the certificate
issuing authority and /or carryout a visit to the office/works of the certificate issuing authority.
Bidder shall provide complete assistance towards the same. Bidder to note that first payment
against the contract, if placed, shall be released only on completion of the verification.
It shall, therefore, be the responsibility of the Bidder/ Contractor to get their BQC
documents considered for qualification successfully verified as above.
Accordingly, bidder shall ensure that bidder shall submit those executed works meeting
the qualification criteria for which they can arrange such verification.
Failure of cross verification shall entitle HRRL/EIL to reject the bid or terminate the
Purchase Order / Contract, if already issued.
5.5.7 HRRL/ EIL reserves the right to complete the evaluation based on the details furnished
(without seeking any additional information) and / or in-house data, survey or otherwise.
5.5.7.1 Failure to meet the above Qualification Criteria will render the Bid to be summarily
rejected. Therefore, the Bidder shall in their own interest furnish complete documentary
evidence in the first instance itself along with their bids, in support of their fulfilling the
Qualification Criteria as given above. Any additional documents, if deemed necessary to
establish the qualifying requirements may be submitted by the Bidder.
5.5.8 Post submission of Bids, Bidder shall not be allowed to furnish any new experience
details not included in experience list furnished in their Bid. Bidders are requested to
submit all qualification details along with relevant supporting authenticated documents at
the first instance itself. However, EIL/ HRRL also reserves the right to seek clarification /
additional document only amongst the jobs listed in Form N (i) and Form N (ii) provided
elsewhere in the Bidding Document, for completing evaluation, if so required.
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6.0 PRE-BID MEETING
6.1 Pre-bid Meeting shall be held at the address mentioned above. Bidders or their
authorized representatives are requested to attend the Pre-Bid Meeting so that their
queries, if any, related to the BIDDING DOCUMENT, Bidder’s Qualification Criteria and
Scope of Work etc. can be addressed during the pre-bid meeting.
6.2 The bidders are requested to send queries/clarifications, if any, as per Format enclosed
in the Bidding document through e-mail to reach EIL on or before the date mentioned at
Cl. 4.0 e) and g) above. The clarifications shall be provided during the pre-bid meeting.
Bidder shall send query in editable soft copy in the format included in the Bidding
document through e-mail.
6.3 Bidders are required to participate in pre-bid meeting after going through the entire
Bidding Document along with BQC. Bidder shall attend with all technical and commercial
issues on which they need clarification and also to ensure that they possess/bring all
supporting documents for meeting the BQC to get their queries clarified, if required,
during the pre-bid meeting to avoid any post-bid discussion/clarification on this issue.
6.4 Non-attendance of the pre-bid meeting shall not be a cause of disqualification of the
Bidder.
6.5 In case any Bidder does not attend the pre-bid meeting, it shall be understood that the
Bidder has a clear understanding of the BQC, scope, terms and conditions of the
Bidding Document and does not have any comment / deviation to the requirement of
Bidding Document and this shall not be considered a cause for extension of e- Bid
submission date.
7.0 SUBMISSION OF BID & IT’S VALIDITY
7.1 The Bid submitted online in the e-tendering website as stated in clause 4.0 k) shall only
be considered for evaluation and subsequent ordering. Bidders are required to enrol on
the e-Procurement module of the above mentioned e-tendering website
(URL:https://eprocure.gov.in/eprocure/app). No enrolment fee would be charged from the
bidders. It may also be noted that the price details are required to be filled & submitted
only on the Schedule of Price format downloaded from above mentioned e-tendering
website. Physical Bids/ Offers or Bids sent through Fax/ E-Mail or in any other electronic
mode shall not be accepted. The Bids submitted through above mentioned e-tendering
website shall only be considered for evaluation and ordering.
Bidders in their own interest are requested to upload/submit their bid well in time. In the
event of failure in bidder’s connectivity with the above mentioned e-tendering website
during the last few hours, bidder is likely to miss the deadline for bid submission. Due
date extension request due to above reason may not be entertained.
7.2 Bidders to refer Instruction to Bidders for e-Tendering Methodology provided in the
Bidding Document. Bidders are requested to get acquainted with the e-Tendering
System in advance and obtain/seek clarifications, if any from CPP Portal Helpdesk,
whose contact information is provided in the Appendix-IV to ITB.
7.3 Bids received after bid due date & time of submission shall be declared as “Late” Bid
and shall not be opened. Bidder’s representative of Late Bid shall not be allowed to
attend the Bid opening.
7.4 Validity of Bid shall be 8 (Eight) months from the final Bid Due Date. Owner/EIL
reserve the right to request bidders to further extend the validity period as stated above,
if required.
8.0 GENERAL
8.1 Conversion Factor for Order Value for Orders / Contracts submitted towards qualification
criteria:
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For Indian Bidders, Order value(s) (including Change Order (if any) in multiple
currencies shall be converted to equivalent INR at the exchange rate of SBI bill selling
rate as on the date of award of such order for main Order and date of award of change
order for Change Order (if any), submitted by bidder for qualification.
Similarly, for Foreign Bidder, Order value(s) (including Change Order (if any), in multiple
currencies shall be converted at the exchange rate of SBI bill selling rate to equivalent
USD as on date of award of such order for main Order and date of award of change
order for Change Order (if any), submitted by bidder for qualification.
In case of Foreign Bidders, if the Annual Turnover & Working Capital is in currency other
than USD, the same shall be converted into equivalent USD considering the conversion
factor indicated in Bidder’s Audited Financial Report. In case the same is not indicated,
the conversion rate of USD as on last date of Bidder’s financial year shall be considered
based on SBI bill selling rate.
8.3 HRRL/EIL reserves the right to assess Bidder’s capability to execute this work by using
in-house information and taking into account various aspects such as past performance
during evaluation of Bids.
8.4 The lump sum price of the contract as per the Contract(s)/Completion Certificate(s)
submitted by Bidder, shall be considered for meeting requirement under clause 5.2 of
BQC, irrespective of fact whether such lump sum price includes/excludes any taxes and
duties.
8.5 Bidder shall submit a self-certificate stating that they are not under liquidation, court
receivership or similar proceedings. Failure to do so or the bidder is under court
receivership or similar proceedings, their bids shall not be considered.
8.6 The bidders who are on Black-list /Holiday list / Suspension list/ Banning list/ Delisted
list/ Negative list of HRRL / EIL/ HPCL as on the due date / extended due date of
submission of Bid / during-the process of evaluation of the bids, the offers of such
bidders shall not be considered for bid opening/ evaluation/ Award.
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8.12 Bidder(s) shall give an undertaking that they are not in Holiday List of other Companies
and their performance is not far from satisfactory level in ongoing contracts in the recent
refinery projects under implementation.
8.13 Bidders to note that “Purchase Preference (linked with Local Content) (PP-LC)”for the
procurement of goods and services is applicable.
8.14 Bidders to note that “Purchase Preference under Public Procurement Policy, 2012 for
MSEs” is not applicable, being Works Contract Services.
8.15 Bidders to note that Policy for providing Preference to Domestically Manufactured Iron &
Steel Products in Government Procurement is applicable as per Bidding Document.
9.0 Owner/EIL reserves the right to reject any or all the Bids received or annul the bidding
process at any time at their sole discretion without assigning any reason thereof.
10.0 For terms and conditions and other details, refer complete Bidding document and
subsequent Amendment(s), if any.
For & on Behalf of
HPCL Rajasthan Refinery Limited
(Biswajit Mandal)
SGM (SCM)
Engineers India Limited
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Appendix-I
We declare that we are a scheduled bank in India having net worth more than or equivalent to
INR 1000 Million as per latest audited financial statements.
Yours Faithfully,
Signature
E-mail ID
Fax Number
PROFORMA OF UNDERTAKING
(To be submitted by the participating bidders)
(Authorized Signatory)
Signature:
Name :
Designation:
Page 47 of 13748
Appendix-III
SELF-CERTIFICATION
It is certified that none of the documents are false/forged or fabricated. All the documents
submitted has been made having full knowledge of (i) the provisions of the Indian laws in respect
of offences including, but not limited to those pertaining to criminal breach of trust, cheating and
fraud and (ii) provisions of bidding conditions which entitle the Owner/EIL to initiate action in the
event of such declaration turning out to be a misrepresentation or false representation.
I further certify that further documents, if any, required to be submitted by our company, shall be
submitted under my knowledge and those documents shall also be true, authentic, genuine, exact
copy of its original and shall not be false/forged or fabricated.
DECLARATION
Signature
Name & Designation (CEO or CFO or Company Secretary/any functional Director in Board of
Directors)
Page 48 of 13748
RAJASTHAN REFINERY PROJECT (RRP)
INSTRUCTIONS TO
BIDDER
FOR EPCC/LSTK WORKS
B224-ITB-LSTK-REV.0
30-APR-2019
Page 49 of 13748
INSTRUCTIONS TO BIDDER
(ITB)
Rev 0 Page 1 of 35
INDEX
Page 50 of 13748
INSTRUCTIONS TO BIDDER
(ITB)
Rev 0 Page 2 of 35
Page 51 of 13748
INSTRUCTIONS TO BIDDER
(ITB)
Rev 0 Page 3 of 35
1.0 INTRODUCTION
1.1 HPCL Rajasthan Refinery Limited (Owner/HRRL) was incorporated on 18th
September, 2013, as a Joint Venture between Hindustan Petroleum Corporation
Limited (HPCL) and Government of state of Rajasthan, India with an equity
participation of 74% and 26% respectively.
1.3 HRRL (hereinafter referred to as “OWNER” which expression shall for the Bidding
document include its Consultant or other agency authorized to undertake the
bidding process or any part thereof on behalf of the OWNER) invites e- Bids, under
Single stage two bids (Unpriced and Price Bid) system, for the entire supplies
and work covered under the Bidding Documents (hereinafter for the purpose of
these instructions collectively referred to as the “WORK”) based on the completion
of the WORK within the time given in the “Time Schedule” in Annexure-I to the
Special Conditions of Contract. All bids are to be completed and submitted in
accordance with and within the time provided in these Instructions to Bidder.
1.4 M/s Engineers India Limited (EIL), have been appointed as the Project
Management Consultant (PMC) to HRRL for RRP.
3.2 Bidder is advised to visit and examine the site (at his cost), its surroundings and
familiarise himself of the existing facilities & environment, and collect all other
information which he may require for preparing and submitting the bid and entering
into the Contract. Bidder shall satisfy himself of the site conditions and shall
apprise himself of the procedure for engagement of agencies / labour and shall
collect other relevant information that may be required before submitting the bid.
Claims and objections due to ignorance of existing conditions or inadequacy
of information will not be considered a reason for extra claim or delay in work
at later date after submission of the bid and during contract execution.
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3.3 The Bidder and any of his personnel or authorised representative/agent will be
granted permission by the Owner to enter upon his premises and land for the
purpose of such inspection, subject to the explicit condition that the Bidder, his
personnel or agents will release and indemnify the Owner and his personnel
and agents/consultant from and against all liabilities in respect thereof and
will also be responsible for personal injury (whether fatal or otherwise), loss of or
damage to property and any other loss, damage, cost and expenses incurred as a
result thereof. During such visits the Bidder shall abide by all the rules and
regulations, as applicable.
3.4 Bidder may contact in advance with the following person for site visit purpose:
4.2 It may please be noted that all the refineries are declared as “prohibited place”
under Official secrets Act 1923, where entry of personnel is restricted/conditioned. It
may also be noted that the visa to be issued by Govt. of India, normally contains the
clause towards no permission for entry/visit to such place, a default condition which
if not removed/struck-off by visa issuing authorities, will create
impediment/restriction in movement of personnel of foreign origin deployed at a
particular Refinery, to carry out an activity in terms of engagement/contract with M/s
HPCL Rajasthan Refinery Limited. The same should be kept in mind while
submitting request for issue of visa by your office.
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Bidding Documents in every respect may result in the rejection of the Bid.
5.2 Throughout this Bidding Document, the term "bid" and "tender" and their derivatives
("bidder/ tenderer", "Bid/tender", "bidding/tendering", etc.) are synonymous, and
day means calendar day. Singular also means plural.
5.3 Bidding Document once issued in case of limited competitive bidding is non-
transferable. However, in case of Open Competitive Bidding, since the Bidding
Document is available for free downloading on the portal
https://eprocure.gov.in/eprocure/app., any bidder may submit the Bid and the
same shall be evaluated in line with the provisions of the Bidding Document.
5.4 Bidders shall treat the Bidding Documents and contents therein as strictly
confidential.
5.5 The Bidding Document is and shall remain the exclusive property of the Owner/EIL
without any right to Bidder to use them for any purpose except for the purpose of
bidding.
5.6 Although all the details presented in this Bidding Document have been compiled
with reasonable care, the bidder is expected to examine the Bidding Document,
including all instructions, forms, terms, specifications and drawings in the Bidding
Document including all the documents as per Table of Contents/Master Index. In
case of any ambiguity or incompleteness, the bidder must bring it to the attention of
CONSULTANT immediately and prior to submission of Bid.
6.2 Bidder’s authorized representative(s) shall attend the pre-bid meeting on the
prescribed day at the given venue as per details indicated in IFB. During the pre-bid
meeting, technical and commercial issues shall be discussed and Bidders shall
ensure that the bid received subsequent to pre-bid meeting shall be without any
deviations to terms and conditions. Hence, bidders shall treat the pre-bid
meeting as utmost important and depute competent & senior person capable
of taking on the spot decision to sort out the technical and commercial
queries.
6.3 In case any bidder does not attend the pre-bid meeting, it shall be deemed
considered that the bidder has a clear understanding of the scope & terms &
conditions of the Bidding Document and does not have any comments/
deviations to the requirements of the Bidding Document.
6.4 In order to ensure fruitful discussions during pre-bid meeting, the bidder is
requested to submit any queries/clarification/information pertaining to
Bidding Document in writing delivered by e-mail/courier as per format enclosed in
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the Bidding Document so as to reach at least four working days prior to Pre-bid
meeting. These queries shall be replied during pre-bid meeting. The editable soft
copies (in table form) of the queries shall also be e-mailed to concern person as
specified in IFB to enable EIL/Owner to prepare replies to the queries against each
query in the same format expeditiously.
6.5 The bidders are required to participate in the pre-bid meeting after going through
the entire Bidding Document along with BQC. Bidder shall come with all
technical and commercial points on which they need clarifications and also to
ensure that they possess all the supporting documentation for meeting the
BQC. In case of any doubt, they may discuss the same during the meeting to avoid
any techno-commercial clarifications/ discussions post bid.
6.6 The outcome of the pre-bid meeting, including the essential questions raised and
the responses given by EIL/Owner shall be compiled as expeditiously as possible
and shall be uploaded on the e-tendering website if so required. After pre-bid
meeting, EIL/Owner at its discretion may not entertain any further queries
from the bidders.
6.7 Any modification in the Bidding Document, which may become necessary as
a result of the pre-bid discussion, shall be issued in the form of an
Addendum/Amendment, which shall be uploaded on e-tendering website and
the same may be downloaded by the bidder from the said e-tendering website
and shall be considered for submission of Bidder’s Bid.
6.9 After bid opening, deviation may not be accepted. Bidder in their own interest shall
submit Bid fully complying to Bidding Document requirements and EIL/Owner shall
reserve the right to proceed with the available compliant bids for evaluation and
Technical Queries (TQ)/ Commercial Queries (CQ) may not be issued once the bid
has been opened. However, wherever TQ/CQ are unavoidable, EIL/Owner at its
discretion may issue TQ/CQ for bidder to reply within the cut-off date along
with all relevant documents/information/clarification/confirmation as required
with the TQ/CQ reply(ies). EIL/Owner reserves the right not to consider any reply
after the cut-off date to complete the bid evaluation process.
6.10 Extension in bid due date shall not generally be granted due to tight Project
Schedule.
6.11 Non- attendance of the pre-bid meeting will neither be a cause for
disqualification of the bidder nor a cause for bidder’s ignorance to submit the
bid as per provisions of the bidding document and latest information
uploaded in the Central Public Procurement Portal (CPPP)/Website of
Government of India/ NIC Portal https://eprocure.gov.in/eprocure/app .
Engineers India Limited (EIL)
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7.3 Any Addendum/ Amendment thus issued shall become part of Bidding Document.
Bidder shall submit a copy of the Addendum/Amendment duly signed and
stamped along with all relevant documents/information (if applicable as per
Addendum) in token of their acceptance. Failure of the Bidder to submit Bid without
taking cognizance of Amendment issued by EIL/Owner shall be liable for rejection.
7.5 Bidders shall examine the Bidding Documents thoroughly and inform the EIL/Owner
of any apparent conflict, discrepancy or error, so that the OWNER may issue
appropriate clarification(s) or amendment(s), if required.
7.6 EIL/Owner may, at its discretion, extend the date of submission of Bids in
order to allow the bidders a reasonable time to furnish their most competitive
bid taking into account the amendments issued.
7.7 EIL/Owner may also for any reason issue amendment subsequent to
receiving the bids. Any amendment thus issued shall become part of Bidding
Document. Bidder shall follow the instructions issued along with Amendment with
regard to submission of impact on quoted price in the form of Price Implication or
revised price as instructed.
8.2 Any printed literature furnished by the bidder may be written in another language
provided that this literature is accompanied by an authenticated English
translation, in which case, for purpose of interpreting the Bid, the English
translation shall govern.
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9.2 Physical Bid, Bid through e-mail/Post/Fax/CD etc. are not permitted. The electronic
bids (e-bids) submitted online through above Central Public Procurement Portal
(CPPP) of Government of India shall only be considered for evaluation and
ordering. Bidders are required to upload the Bid along with all supporting
documents including Priced bid on above Central Public Procurement Portal
(CPPP) of Government of India only.
9.4 The Bid shall be submitted in three parts viz. Part-I, Part-II & Part-III in respective
folders provided in the website.
PART-I EMD/Bid Security
PART-II Techno-commercial / Un-priced Bid
PART-III Priced Bid
Bidders to upload the EMD, Un-price and Price part of their bids strictly in the
respective folders at the designated place in the e-tendering website. Non
Compliance to the same may lead to rejection of their offer.
Unpriced e-Bids folder shall contain following documents, duly signed and
stamped:
SECTION DESCRIPTION
i. Letter of submission & Synopsis of the proposal
SECTION-I
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SECTION DESCRIPTION
ii. Check-List dully filled in (Appendix-II to ITB)
The bidder shall submit the same format of signed integrity pact
(as provided in the bidding document duly signed by HRRL) duly
filled-in, signed & stamped by the authorised signatory of bidder.
ii. Experience details (IFB clause no. 5.1 & 5.2) for this EPCC
package [Form –N(ii)] along with supporting documents as per
SECTION-II IFB.
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SECTION DESCRIPTION
Document.
ii. Bidder shall submit the complete audited balance sheets and
profit and loss account along with Auditor’s Report including all
Schedules for the immediate three preceding financial years, for
evaluation and his qualification with respect to financial criteria.
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SECTION DESCRIPTION
on each page mentioning Quoted/Not Quoted (as applicable)
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SECTION DESCRIPTION
9.6.1 Bid shall be serially page numbered and indexed in detail. Wherever reference to
any document is made in support of Bidder’s qualification criteria, page number of
such document shall be clearly indicated.
9.6.2 In the event of the space on the bid proforma being insufficient for the required
purpose, additional pages may be added. Each such additional page must be
numbered consecutively, showing the bidding document number and should be
duly signed. In such cases reference to the additional page(s) must be made in the
bid.
9.6.3 The Bidders are advised in their own interest to ensure that all the points brought
out in the check list are complied with in their bid.
9.7 For convenience, the Bid shall be compiled in the form of specific Sections
conforming to the above. In case of non-submission of above documents or
submission of incomplete documents, the OWNER reserves the right not to
evaluate such offers further and not to enter into correspondence in this regard after
opening the Techno-commercial / Unpriced Bid.
9.8 PART-III (PRICE BID): Priced Bid shall be uploaded by the bidder on
designated e- tendering folder in the above e-tendering website and shall be
consist of:
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This part shall not contain any condition whatsoever failing which the Bid shall be
liable to be rejected. No stipulation, deviation, terms & conditions, presumption,
basis etc. shall be stipulated in Price Part of the bid. Any condition, if stipulated,
shall be treated as null and void and may render the bid liable for rejection.
No corrections, conditions, additions, deletions or modifications in Price Part are
permitted. All corrections in quoted rates must be signed and stamped.
9.9 Although all the details presented in this Bidding Document have been compiled
with all reasonable care, it is the Bidder’s responsibility to ensure that the
information provided is adequate and clearly understood.
9.10 The bid requirements are explicitly stated in the Bidding Documents. The Bidder is
required to study these requirements in detail & make a proposal in an outline as
defined above completely meeting these requirements. The offer must be
complete in all respects, leaving no scope for ambiguity. It is in the interest of the
Bidder to submit a complete & comprehensive proposal leaving no scope for
OWNER to raise or ask for any further questions or clarifications, with a view that
the proposal may be evaluated only on the basis of what has been submitted
by the bidder in the first instance in order to adhere to a very strict project
schedule. Bidder’s quotation is the responsibility of the bidder and no relief or
consideration can be given for errors and omissions.
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10.2 If the one member of the consortium is an affiliate/subsidiary of the Leader/ Prime
member of the consortium then following provision shall additionally apply:
The consortium bids as above shall necessarily confirm compliance to the above
and submit the Parent Company Corporate Guarantee (PCCG) as per the format
enclosed in the ITB Appendix-XI, failing which bid shall be liable for rejection.
11.2 The Total Lump sum Price shall be quoted in the FORM SP-0 of the Schedule of
Prices/ Price Schedule (SOP) considering the impact under Goods and Service Tax
(GST) of India, which is effective from 01.07.2017 as per Format included.
11.3 The Lump Sum Price in FORM SP-0 means aggregate of Lump Sum prices for
completing all activities as per Scope of Work defined in Technical and Commercial
Section of Bidding Document and subsequent Amendment (Technical and
Commercial).
The Lumpsum price in FORM SP-0 shall be deemed to be inclusive of all taxes
and duties, municipal taxes, IGST on built-in import content (if
applicable),statutory levies except “Goods and Services Tax” (hereinafter
called GST) (i.e. CGST and SGST applicable in case of intra state supply). The
GST as legally leviable & payable by the Contractor under the provisions of
applicable GST law(s) / act(s) shall be reimbursed by Owner according to
Contractor’s paid GST bill /invoice submitted to Owner.
11.3.1 Unless stated otherwise in the Bidding Document, the Contract shall be for the total
works as described in Bidding Document, based on the Schedule of Prices
submitted by the bidder and accepted by EIL/OWNER.
Engineers India Limited (EIL)
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11.3.2 Bidder shall quote for all the items of Schedule of Prices after careful analysis of
cost involved for the performance of the complete item considering all parts of the
Bidding Document. In case any activity is not specifically covered in description of
item under `Schedule of Prices' but is required to complete the work as per Scope
of Work, Scope of Supply, Specifications, Standards, Drawings, General Terms &
Conditions of Contract, Special Condition of Contract or any other part of Bidding
Document, the rates/ prices quoted shall be deemed to be inclusive of cost incurred
for such activity.
11.3.3 Rates/ prices quoted by the bidder, shall remain firm, fixed and valid till the
completion of the Works and will not be subject to variation on any account except
as otherwise specifically provided in the Bidding Documents.
11.3.4 All duties, taxes, and other levies payable shall be as per Special Conditions of
Contract.
11.4.1 FORM SP-1 and SP-2 shall have the limits as specified in the Preamble to
Schedule of Prices.
11.4.2 In case the price(s) quoted exceed the limits specified under clause 11.4.1
above, the excess amounts shall be paid in the Final Bill provided the total
Lumpsum Price (given in FORM SP-0) does not increase on account of such
payment.
11.4.3 It shall be the duty of the CONTRACTOR to duly observe and perform all laws,
rules, regulations, orders and formalities applicable to GST, Customs Duty, and
Custom related duties etc. on the import, manufacture, sale and/or supply of any
material to the OWNER and performance of the Works Contract Service under the
Contract. The CONTRACTOR shall keep the OWNER indemnified from and
against any and all claims, demands, prosecutions, actions, proceedings, penalties,
damages, demurrages and/or other levies whatsoever made or levied by any Court,
Tribunal or the Customs or other Authorities with respect to any alleged breach,
evasion or infraction of such duties, taxes, charges or levies or any breach or
infraction of any applicable laws, rules, regulations, orders or formalities concerning
the same and from the consequence thereof.
11.4.4 It is recognised by the OWNER that the Price of Materials may be loaded to cover
various factors other than the cost of materials, such as procurement costs and
profits as applicable including prices, taxes, duties and including GST on any
transaction between Bidder and their sub-supplier/sub-contractor in the Total
Lumpsum price quoted by the Bidder.
11.4.5 Deleted
11.4.6 In the CFR value of imported materials indicated in FORM SP-9, Bidders will be
expected to indicate the anticipated CFR value of the imported materials as
represented by the Supplier’s invoice(s).
11.4.7 The Liability of payment of excess Custom Duty on account of change in CFR
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Payment for indigenous materials to the extent indicated in the Bill of Materials shall
be made on the basis of Contractor’s invoice(s) which shall, without prejudice to the
CONTRACTOR’s full obligations to the OWNER in respect of such materials,
preferably be drawn on the OWNER to whom the materials shall be consigned by
the Contractor. Payment of their Supplier’s invoices shall be made directly by the
CONTRATOR, who will be exclusively liable to pay their Supplier(s).
11.4.8 While submitting Bill of materials, Contractor shall submit back up documents to
Owner.
12.1.1 Foreign Bidders may quote prices for materials and services to be imported into
India either in Indian Rupees or in Foreign Currency or in a combination of Indian
Rupees and a Foreign Currency. Bidders shall quote the price for materials and
services to be procured from India and for expenses to be incurred in India
only in Indian Rupees.
12.1.2 Indian bidders may quote the prices for materials and services to be imported into
India in Foreign Currency. Such bidders quoting in foreign currency shall separately
indicate in a list the materials and services to be imported into India and the Foreign
Currency price payable for such materials and services.
12.1.3 For evaluation purposes, the bid price shall be converted to Indian Rupees by
converting the Foreign Currency into Indian Rupees at the Bill selling rate of State
Bank of India, New Delhi prevailing on the day of opening of the price bid. In case
the rate is not available as on the day of priced bid opening, the latest available rate
prior to the day of priced bid opening, shall be considered.
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Or
14.2 Bids not accompanied with EMD shall be rejected and bidder shall not be allowed to
attend the bid opening. Issuance of Bank Guarantee shall be confirmed by the Bank
directly to the Owner/EIL preferably through Structured Financial Messaging System
(SFMS), as it provides an RBI supported Integrated Platform for Bank Guarantee
Verification.
14.3 Bidder should upload the scanned copy of Earnest money deposit (EMD) in the E-
Tendering website at designated place. Bank guarantee shall be revalidated for
extended period as required by Owner / EIL in writing. The original EMD should be
submitted to the Tender Inviting authority of EIL on or before the last date and time
of e-bid submission.
14.4 The bank guarantee in lieu of EMD shall be valid for 8 months plus 2 months
claim period from the due date/extended due date of submission of Bid.
14.5 EMD/ Bid securities of unsuccessful bidders will be returned upon placement of
order/ award. Also, EMD of late bids/ where unpriced bids not opened, shall be
returned after priced bid opening. In case of the successful Bidder, the same will be
returned after the Contract Agreement is signed and Contract Performance Bank
Guarantee is submitted. However, in case EIL/Owner decides to cancel / annul the
Tender at any stage during the bidding process but before the award of work, EMD
of the bidders shall be returned at the earliest from the date of such decision.
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iv) if a Bidder modifies his bid during the period of Bid Validity except if such
modification is solicited by OWNER/EIL in writing, or
v) if a Bidder does not accept the correction of arithmetical errors as per Sub-
Clause 23.0 of ITB hereof, or
vi) in case of a successful Bidder, if the Bidder fails, within the specified period:
a. To acknowledge receipt of Letter of Acceptance within 15 days from
the date of mailing of Letter of Acceptance.
b. To sign the Contract.
c. To furnish the Contract Performance bank guarantee / Security
deposit.
vii) Owner / EIL may at any time cancel or withdraw the Invitation to Bid without
assigning any reason and in such cases the earnest money submitted by
Bidder will be returned to him.
14.7 The successful Bidder shall be required to submit Contract Performance Bank
Guarantee (CPBG) to Owner in the manner and within the time period indicated in
SCC. Should the successful Bidder fail or refuse to sign the Agreement and/or
furnish the Contract Performance Bank Guarantee within the specified period, the
earnest money shall be forfeited without prejudice to his being liable to any further
loss or damage incurred in consequence by Owner.
14.8 Deleted.
14.9 Bids not accompanied with EMD shall be rejected. However, EMD shall not be
required to be submitted by Micro & Small units registered with District Industries
Centers or Khadi and Village Industries Commission or Khadi and Village Industries
Board or Coir Board or National Small Industries Corporation or Directorate of
Handicrafts and Handloom or any other body specified by Ministry of Micro, Small
and Medium Enterprises (MSME) as well as by Indian Central Public Sector
Undertakings (PSUs)/ Enterprises (PSEs).
14.12 Owner/PMC shall not pay any interest, commission, bank charges on EMD
furnished. Further, in case bank guarantee submitted is found to be fake, bid
of such bidder shall be rejected and may initiate action as deemed necessary as
per EIL / OWNER Policy.
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member is Foreign.
15.2 Notwithstanding the above, the OWNER may solicit the bidder’s consent to an
extension of the period of bid validity. The request and the responses thereto shall
be made in writing.
15.3 If the bidder agrees to the extension request, the validity period of the bid security/
EMD shall also be suitably extended, in case it is submitted in the form of Bank
Guarantee.
15.4 A bidder may refuse the request for extension of validity of the Bid. In such case
bidder will be allowed to withdraw his bid without forfeiting his bid Security.
15.5 A bidder accepting the request for extension shall not be permitted to modify
his bid because of the extension including change in prices, unless
specifically invited to do so. If a Bidder still deviates or changes prices, its bid
shall be rejected.
a) All bids submitted by such bidder (say ‘A’) either as a single bidder or as a
consortium, shall stand rejected and BID SECURITY/EMD, if any, in case of
all such bids submitted by bidder ‘A’ shall be forfeited.
b) If another bidder (say ‘B’) has proposed bidder ‘A’ as a sub-contractor then
bidder ‘B’’s bid shall also be rejected. However, in case the bidder ‘B’ has
also proposed an alternative sub-contractor who is other than the bidder ‘A’,
then bidder ‘B’’s bid shall be evaluated with the proposed alternative sub-
contractor only. Hence, every bidder shall ensure in his own interest that his
proposed sub-contractor is not submitting alternative/ multiple bids.
Wherever a bidder proposes a sub-contractor, consent/ MOU with the sub-
contractor shall be enclosed.
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17.3 Bidder shall clearly indicate their legal constitution and the person signing the Bid
shall state his capacity as also the source of his ability to bind the Bidder. The
Power of Attorney or Authorization or other document constituting adequate proof of
the ability of the signatory to bind the Bidder, shall be annexed to the POA. Owner
may reject outright any Bid unsupported by adequate proof of the signatory’s
authority.
17.4 Owner shall not be bound by any Power of Attorney granted by the Bidder or
changes in the constitution of the Company made subsequent to submission of the
Bid or after the award of the Contract. Owner may, however, recognise such Power
of Attorney and changes after obtaining proper legal advice, the cost of which will
be borne by the Bidder.
17.5 The cancellation of any document such as Power of Attorney, Partnership Deed,
etc. should be promptly communicated by the Bidder to the Owner in writing well in
time, failing which Owner shall have no responsibility or liability for any action taken
by Owner on the strength of the said documents
18.0 E-TENDERING
18.1 Methodology for e-tendering and Procedure for obtaining Digital Signature by
Foreign Vendors/Bidder shall be as per attached Appendix-IV to ITB. Bidders are
requested to get acquainted with the E-Tendering Website and the formalities and
load their Bid well within the time (extended time in case of extension of bid
submission date) provided for bid submission to avoid last minute hassles.
18.2 Bidders in their own interest are requested to register on e-Tendering portal and
upload/submit their bid well in time. Bidders should avoid the last hour rush to the
website for registration of User I.D. & Password, enabling of User I.D. and
mapping of Digital Signature Serial Number, etc. since this exercise require
activities from EIL & the Service Provider and needs time. In the event of failure in
bidder’s connectivity with EIL/Service Provider during the last few hours prior to bid
submission time, bidder is likely to miss the deadline for bid submission. EIL/Service
Provider shall not be held responsible for such failure to submit the Bid. Any due
date extension request due to aforesaid reason shall also not be entertained.
18.3 Bidders are requested to obtain/seek clarifications, if any from EIL and/or EIL’s
Authorised Service Provider, whose contact information is provided in the
Appendix-IV to ITB.
18.4 EIL/Owner shall not be responsible for any failure of Bidder to upload the bid for
reasons other than any problem in e-tendering website.
Engineers India Limited (EIL)
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19.1 Various links such as “Help for Contractor”, “Information about DSC”, “FAQ”,
“Resources Required”, “Bidders Manual Kit” etc. are available on home page of
https://eprocure.gov.in/eprocure/app facilitating Bidders to participate in the
bidding process. Bidders are advised to download & utilize the available
information/documents under these links for activities like Registration in CPPP,
obtaining User ID & Password, uploading & submission of e-bids etc. Bidders are
advised in their own interest to carefully go through Instructions for E-tendering and
other related document available against various help links so as to ensure that bids
are uploaded in E-tendering website well before the closing date and time of bid
submission.
19.2 The above CPP Portal mandates that the bidders are to be registered on the portal
before any enquiry can be issued to them. The enquiry can be downloaded by the
bidders from the above e-Procurement website as soon as their registration is
completed in the above e-procurement (NIC/CPPP) Portal.
19.3 All those bidders who have still not registered on the above NIC Portal are required
to register on the same (immediately after issue of enquiry on EIL portal but not
later than ten days before the bid due date) for facilitating issue of enquiry to them
on the NIC Portal failing which it will not be possible for them to upload their bids.
Pursuant to registration, the bidders are also required to login in EIL tender portal
and update NIC’s registration details and inform the undersigned regarding the
same for the subject enquiry.
19.4 In any case, the enquiry shall be issued on NIC portal to NIC registered bidders
about one week before the bid due date. Therefore, all those bidders who have not
complied with the above registration requirements will not be issued this enquiry on
NIC portal and will not be eligible to bid. Request for extension in due date of
submission of bids due to non-registration or delayed registration in NIC portal shall
not be entertained.
19.5 The bid has to be necessarily submitted on the NIC Portal and only those bidders
who are issued the enquiry through NIC Portal will be eligible to submit their bids.
In case a bidder does not register on the NIC Portal and as a consequence, cannot
be issued the enquiry through NIC Portal, it shall be deemed that he is not
interested in bidding against this enquiry and no further correspondence will be
entertained.
19.6 EIL shall be issuing all enquiries through NIC Portal alone and bidders who do not
register with NIC Portal may not be able to submit their bids. Therefore, it is in the
interest of the bidders that they register on the NIC Portal at the earliest.
19.7 The bidder registration on NIC Portal is a very user friendly process. However, in
case of any doubt, the bidder may contact as per the details given in NIT.
20.0 SUBMISSION OF ORIGINAL DOCUMENTS (IN HARD COPY)
20.1 The following documents shall be submitted in ORIGINAL, within the e- Bid
due date and time of submission as mentioned in the above CPP Portal, in a
sealed envelope, with proper index and covering letter in bidder’s letter head. The
envelope shall be titled “EMD, SIGNED INTEGRITY PACT AND POA” with the
Name of the Work, Bidding Document No., Name of the Project etc. along with the
Bidder’s name and address with contact no. etc. and shall be submitted to the
address at clause 20.3:
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20.2 If the Bidder is unable to submit the Earnest Money Deposit/Bid Security, in
original within the Bid due date and time (i.e date and time of submission of e-
bid on CPP Portal), in spite of the fact that scanned copy of the same has
been uploaded in the above CPP Portal, bid of such bidders shall be rejected.
Similarly, if scanned copy of the EMD has not been uploaded in the above
CPP Portal by the Bidder, in spite of the fact that Bidder has submitted the
original EMD within the Bid due date and time (i.e date and time of
submission of e-bid on CPP Portal), bid of such bidders shall be rejected.
20.4 Each envelope shall indicate name, address, contact details with email Id of the
bidder to enable the bid to be returned unopened, if required.
20.5 If the envelope is not sealed and marked as above, the Owner / EIL will assume no
responsibility for the misplacement or premature opening of the bid.
20.6 Document submitted in physical form shall be the exact copy of the documents
uploaded on the above CPP Portal.
21.1 The Detailed IFB along with Qualification Criteria , Non-Disclosure Agreement
Engineers India Limited (EIL)
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21.2 Bidder is required to execute a Non- Disclosure Agreement (NDA) before they can
view/download technical part of the bidding document from the e-tendering website.
Bidder to note that submission of duly signed and stamped NDA strictly as
per the format included in this Bidding Document without any deviation is
mandatory, failing which Bidder(s) shall not be able to view/download technical part
of Bidding Document.
22.1 The e-bid must be submitted on or before the date and time of submission specified
in the Letter Inviting Bid (LIB) / Invitation for Bids (IFB), as applicable.
22.2 EMD in accordance with ITB 14.0 and 20.0, in original, must be received by EIL at
the designated address and no later than the bid due date/extended bid due date (if
any) and time for Bid submission .
22.3 EIL/Owner may, at its discretion, extend the deadline for the submission of bids by
amending the Bidding Documents in accordance with Clause 7.0 of ITB, in which
case all rights and obligations of EIL/Owner and bidders previously subject to the
deadline shall thereafter be subject to the deadline as extended.
23.1 The bidder shall fill the Schedule of Lumpsum Prices both in figures as well as in
words in the Price Schedule forming part of the Bidding Documents. The tendered
amount for the work shall be entered in the Price schedule and duly signed by the
bidder.
23.2 When there is a difference between the prices in figures and words, the price in
words shall prevail.
23.3 In case of any contradiction between lumpsum price mentioned in SP-0, and the
break up of lumpsum price mentioned in SP-1, SP-2, SP-3, SP-4, SP-5, SP-6, the
Prices indicated in FORM SP-0 shall be Final & Binding and shall be
considered as “Total Lumpsum Contract Price” for complete Scope of Work
and Break-up of Prices shall be reworked to match with Prices as per Form
SP-0.
23.4 In case of contradiction between Break up of Prices as per Form SP-1,SP-2 and
SP-3 and further Breakup of prices as per Form SP-4, SP5 and SP-6, following
order of precedence shall apply :
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24.0 CORRECTIONS
24.1 Bidders are required to fill in the tender documents with due care so as to avoid any
cuttings/corrections/alterations in the entries made in the tender papers.
25.2 E-tendering system shall close immediately after the deadline for submission of bid.
25.3 Unsolicited bids or bids being submitted/ uploaded to address other than one
specifically stipulated in the Bidding Document will not be considered for opening /
evaluation / award.
26.1 The Bidder may modify or withdraw its Bid after the Bid's submission but prior to the
due date prescribed for submission of Bids by selecting the “Re-Submission” option
available in the e-tender portal.
26.2 No bid shall be modified subsequent to the deadline for submission of bids.
26.3 No bid shall be allowed to be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by the
bidder. Withdrawal of a bid during this interval shall result in the forfeiture of bidder's
EMD/Bid security.
26.4 There are two specific features in Central Public Procurement Portal (CPPP) viz,
“Withdraw” and “Re-Submission”. Bidders should not use the feature “withdraw”
unless they have decided to withdraw their bids. It is to be noted that once
“withdraw” feature is used they will not be allowed to re-submit their bid against this
Bidding Document. In case a Bidder desires to change his bid for any reason before
bid due date, Bidder shall use “Re-Submission” feature.
27.1 The Unpriced Bids shall be opened online through e-tendering portal, in the
presence of Bidder’s representative(s) duly authorized to attend such opening by a
person competent and having the Power of Attorney to bind the Bidder. The
Bidder’s representative(s) who choose to attend and are present shall sign a
register evidencing their attendance.
27.2 The Bidder’s names and the presence or absence of the requisite Bid Security, will
be announced and recorded at the opening.
28.1 A substantially responsive Bid is one that meets the requirement of bidding
document without any deviation as more specifically defined in clause 30.1 below.
It is expected that bidders will submit bids based on the terms and conditions and
Engineers India Limited (EIL)
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specifications contained in the Bidding Document and will not stipulate any
deviations/clarification etc. Bidders shall confirm compliance to Bidding Document
as per FORM E. Should it, however, become unavoidable, deviations should be
separately and specifically stipulated only in the prescribed Proposal FORM-F.
OWNER reserves the right to reject any bid containing unacceptable deviation(s) as
non-responsive.
28.2 Bidders should ensure that the Bid submitted is substantially responsive Bid in the
first instance itself. Evaluation may be completed based on the content of the Bid
itself without seeking any subsequent additional information which may result in
rejection of Bid. However, EIL / OWNER may, at its discretion, may request bidder
to submit the necessary information or documentation, within a reasonable period of
time, to withdraw material deviation, reservation, or rectify omission in the bid
related to documentation requirements. Requesting information or documentation
on such account shall not be related to any aspect of the price of the Bid.
EIL’s/Owner’s request for clarification and the response shall be in writing.
28.5 If a bidder does not provide clarifications of its bid by the date and time set in
EIL’s/Owner’s request for clarification, Owner/EIL reserves the right to evaluate the
bid with available information which may result in rejection of their bid.
28.6 If desired by the EIL/Owner, the Bidder shall be prepared to give presentation on
salient features of his bid including but not limited to Project Execution
Methodology.
29.1 Prior to price opening of bids, EIL will determine whether each bid is accompanied
with required Bid Security, Integrity pact, as applicable;
29.1.1 Fulfils the technical, financial, experience and other requirements as
specified in the Bidding Document;
29.1.2 Considering any clarifications and/ or requirement pursuant to
clause No. 28 of ITB
29.1.3 Any other relevant factor, if any that EIL / OWNER deems necessary
or prudent to be taken into consideration.
29.2 EIL / OWNER reserve the right to use in-house information for assessment of
capability of bidder and their performance on jobs completed/ in progress for
evaluation purpose.
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31.2 If a Bidder submits his bid, qualifies and does not get the contract because of his
being not the lowest, he will be prohibited from working as a subcontractor for the
contractor who is executing the contract.
31.3 If the CONTRACTOR is required to engage a Sub-Contractor for any part of work,
then such Sub-Contractors shall have prior proven experience of similar work and
shall require specific approval by OWNER/PMC after award of work.
The list of construction Sub-Contractors proposed in the Bids by the Bidders shall
Engineers India Limited (EIL)
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31.5 The Bidder shall along with the bid furnish its Project Execution Plan as per the
requirement specified in the Technical section, which shall be evaluated for
technical acceptability of the Bids.
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33.3 Suo moto price change: In case of any suo-moto change in price, following shall
apply :
35.2 Prior to the expiration of the period of bid validity, the OWNER shall notify the
successful bidder, in writing, that its bid has been accepted. The notification letter
(hereinafter and in the Special Conditions of Contract called the “Letter of Award
(LOA)/ Fax of Acceptance (FOA)”) shall specify the sum that the OWNER will pay the
Contractor in consideration of the execution and completion of the Works.
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loss caused by such breach will be recovered by the Owner by forfeiting earnest
money deposit/bid bond.
35.5 In the event of award of Contract to the Consortium, the Contract shall be signed by
each constituent of the Consortium as binding upon them. Alternatively, the Prime
Member/Leader of the Consortium may sign the Contract subject to submission of a
Power of Attorney (duly notarized) from each constituent authorizing the Prime
Member/Leader of the Consortium to sign the Contract on behalf of the individual
member of the Consortium. Irrespective of whether the Contract is signed by all the
constituents of the Consortium or by the Prime Member/Leader of the Consortium,
all the constituents of the Consortium shall be jointly and severally responsible
for faithful execution of the Contract considering the whole Contract as single
Works Contract Service.
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confidential.
38.1.1 A bidder may seek clarification regarding the bidding document provisions, bidding
process and / or rejection of his bid. CONSULTANT shall respond to such requests
within a reasonable time. However, such information relating to the evaluation of
bids and recommendation of contract award shall not be disclosed to any other
persons not officially concerned with the bidding process.
38.1.2 Any attempt by a bidder to influence CONSULTANT / Owner in the evaluation of the
bids or Contract award decisions shall render their Bid liable for rejection.
38.1.3 Notwithstanding Clause 38.1.2 of ITB, from the time of bid opening to the time of
Contract award, if a bidder wishes to contact CONSULTANT on any matter related
to the bidding process, it shall done so in writing only.
39.1 It is mandatory for the Foreign CONTRACTOR to furnish the following information
in case his receipts are subject to tax deduction at source in India:
i) PAN No. as per the Indian Income Tax requirements failing which the
CONTRACTOR shall be responsible for any additional tax deduction at
source as per the provisions of the Indian Income Tax Act/Rules and the
same shall be deducted from the payment made to CONTRACTOR.
iii) In additional to TRC, bidder in order to claim the benefits of DTAA shall also
submit additional information in Form no. 10F (enclosed as Appendix-V to
ITB). Form 10F has to be signed & verified by the assesse himself.
If some information is already contained in TRC, the bidder shall not be
required to provide that information in Form no. 10F but even then Form no.
10F is required to be provided by the bidder. However, the bidder may write
Not Applicable in the relevant column in case that information is already
contained in TRC.
The above shall be furnished before release of any payment or within one
month of the release of Order, whichever is earlier failing submission of the
above information, any additional tax liability on OWNER, will be deducted
from the payment due to the bidder.
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award of a Contract to the detriment of the Owner, and includes collusive practice
among bidders (prior to or after Bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the Owner of the benefits of free and
open competition.
40.2 The OWNER will reject a proposal for award if it determines that the bidder
recommended for award has engaged in fraudulent practices in competing for the
Contract in question.
40.3 Bidder is required to furnish the complete and correct information/ documents
required for evaluation of their Bids. If the information/ documents forming basis of
evaluation is found to be false/ forged, the same shall be considered adequate
ground for rejection of bids and forfeiture of Earnest Money Deposit.
40.4 In case, the information/ document furnished by the Bidder / Contractor forming
basis of evaluation of his Bid is found to be false / forged after the award of the
contract, Owner shall have full right to terminate the contract and get the remaining
job executed at the risk & cost of such Bidder/ Contractor without any prejudice to
other rights available to Owner under the contract such as forfeiture of CPBG /
Security Deposit, withholding of payment etc.
40.5 In case, this issue of submission of false documents comes to the notice after
execution of work, Owner shall have full right to forfeit any amount due to the Bidder
/ Contractor along with forfeiture of CPBG / Security Deposit furnished by the bidder
/ Contractor.
40.6 Further, such bidder / contractor shall be put on Blacklist/ Holiday/ Negative List of
OWNER/EIL debarring them from future business with Owner & EIL for a time
period, as per the prevailing policy of Owner & EIL.
42.1 There will be no Purchase Preference to Micro and Small Enterprises/ bidder as per
Public Procurement Policy for MSEs in this tender.
42.2 For facilitating promotion and development of micro and small enterprises, EIL/
HRRL is committed to promote the procurement of supplies/ services from MSEs in
Orders/ contracts awarded by EIL/ HRRL. Accordingly, bidders are also encouraged
to promote the same by considering MSE sub-suppliers/ sub-contractors to the
extent possible under the Orders/ Contracts awarded on them by EIL/ HRRL. After
award of work, supplier/ contractor shall furnish statement along with copies of
Engineers India Limited (EIL)
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43.4 In case of any complaint or doubt regarding the domestic value addition furnished
by a bidder in his bid, OWNER shall reserve the right to verify the domestic value
addition. The bidder shall provide unhindered access to his relevant records in this
regard, to the authorized representatives of OWNER.
Bidder to comply with the requirements of the Gazette. Also any change in Govt. of
India Policy in this regard is required to be followed in Totality.
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44.3 In order to avail the Purchase preference under this policy, bidder shall achieve
minimum Local Content (LC) of 35%. The Policy shall be implemented in the
following manner:
a) In case the lowest (L1) bidder meets the stipulated LC criteria, the order shall
be awarded to such bidder.
b) In case none of the bidders meets the stipulated LC criteria, the order shall be
awarded to the lowest bidder.
c) In case the lowest bidder does not meet the stipulated LC criteria, the bidders
shall be ranked in the ascending order of evaluated prices and next bidder
meeting minimum stipulated LC and with his evaluated price within a price
band of (+) 10% of lowest bidder’s evaluated price, shall be given opportunity to
supply 50% of the requirement by matching the lowest bidder’s evaluated price.
However, if 50% quantity works out to a fraction of quantity, the bidder shall be
considered for next higher quantity. In case the quantity cannot be split, the
order shall be placed with the entire quantity.
d) In case there are more than one bidder within the price band of (+) 10% of
lowest bidder’s evaluated price, they shall be ranked in ascending order of their
evaluated prices. The opportunity of matching the price shall be accorded
starting from the lowest bidder out of these bidders and in case of his refusal,
to the next bidder, and so on.
e) In case none of the bidders who meet the stipulated LC criteria agree to match
the lowest price, the natural lowest bidder will be awarded the job.
f) Certification of Local Content:
Manufacturers of goods and/or providers of service, seeking Purchase
Preference under the PP-LC policy, shall be obliged to certify as under:
At bidding stage:
Bidder shall furnish the percentage of the local content, taking into account the
factors and criteria listed out in the policy. These details shall be required only
at aggregate level like supply value, transport value and other heads given in
the price schedule.
The bidder claiming the PP-LC benefit shall comply the following:
The bidder shall submit an undertaking from the authorized signatory of
bidder having the Power of Attorney along with the bid stating the bidder
meets the mandatory minimum LC requirement and such undertaking
shall become a part of the contract as per Annexure-I to Appendix-VIII.
In cases of procurement for a value in excess of Rs. 10 crores, the
Undertaking submitted by the bidder shall be supported by a certificate from
the statutory auditor or cost auditor of the company (in the case of
companies) or from a practicing cost accountant or practicing chartered
accountant (in respect of other than companies) giving the percentage of
local content.
However, in case of foreign bidder, certificate from the statutory auditor or
cost auditor of their own office or subsidiary in India giving the percentage of
local content is also acceptable. In case office or subsidiary in India does
Engineers India Limited (EIL)
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Notes:
Format for providing the certification from the statutory auditor / cost
auditor / practicing cost accountant / practicing chartered accountant, is
enclosed as Annexure- II to Appendix-VIII.
However, in case the procuring company has any reason to doubt the
authenticity of the Local Content, it reserves the right to obtain the
complete back up calculations before award of work failing which the bid
shall be rejected.
The bidder shall submit an undertaking from the authorized signatory of bidder
having the Power of Attorney along with the bid stating the bidder meets the
mandatory minimum LC requirement and such undertaking shall become a part
of the contract.
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auditor or cost auditor of the company (in the case of companies) or from a
practicing cost accountant or practicing chartered accountant (in respect of other
than companies) giving the percentage of local content.
However, in case of foreign bidder, certificate from the statutory auditor or cost
auditor of their own office or subsidiary in India giving the percentage of local
content is also acceptable. In case office or subsidiary in India does not exists or
Indian office/ subsidiary is not required to appoint statutory Auditors or cost
auditor, certificate from practicing cost accountant or practicing chartered
accountant giving the percentage of local content is also acceptable.
However, procuring company shall also have the authority to audit as well as
witness production processes to certify the achievement of the requisite local
content and/or to obtain the complete back up calculation before award of work
failing which the bid shall be rejected and appropriate action may be initiated
against the bidder.
44.4 Failure of bidder in complying with the local content post award:
In case a bidder, who has specified in his bid that the bid meets the minimum
Local Content specified in the enquiry document, fails to achieve the same, the
following actions shall be taken by the procuring company:
a. Pre-determined penalty @ 10% of total contract value.
b. Banning business with the supplier/contractor for a period of one year.
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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) Commercial Questionnaire
Page 1 of 8
____________________________________________________________________________________
APPENDIX –I TO ITB
COMMERCIAL QUESTIONNAIRE
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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) Commercial Questionnaire
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____________________________________________________________________________________
COMMERCIAL QUESTIONNAIRE
NAME OF WORK : ____________________________________________
BIDDING DOCUMENT. : ___________________________
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____________________________________________________________________________________
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____________________________________________________________________________________
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____________________________________________________________________________________
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____________________________________________________________________________________
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____________________________________________________________________________________
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____________________________________________________________________________________
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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) Check-list for bid completion (Commercial)
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CONTENTS OF BID
AND
CHECK LIST
(COMMERCIAL)
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Bidder is requested to fill this check list and ensure that all details/documents have been
furnished under relevant sections as called for in the Bidding Document along with duly
filled in, signed & stamped.
This checklist is for guidance purpose. It shall be bidder’s responsibility to submit all
complete documents as per the requirements of Bidding Document.
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HRRL’S RAJASTHAN REFINERY PROJECT (RRP) Integrity pact
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____________________________________________________________________________________
APPENDIX-III TO ITB
INTEGRITY PACT
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ANNEXURE - I
TO INTEGRITY PACT
I, the above named deponent do hereby solemnly affirm and state as under :-
DEPONENT
VERIFICATION
I, ................................................. the deponent above named, do hereby verify that the
factual contents of this Affidavit are true and correct. No part of it is false and nothing
material has been concealed there from.
DEPONENT
https://eprocure.gov.in/eprocure/app .
REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Click
here to Enroll” on the CPP Portal is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique username
and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part of the
registration process and submit in EIL tender portal for updation of records
(http://tenders.eil.co.in) . These details would be used for any communication from the CPP
Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with
their profile.
5) Foreign Bidders have to refer “DSC details for foreign Bidders” for Digital signature
Certificates requirements which comes under Download Tab at
http://eprocure.gov.in/eprocure/app and the remaining part is same as above and below.
6) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.
7) Bidder then logs in to the site through the secured log-in by entering their user ID / password
and the password of the DSC / e-Token.
1) There are various search options built in the CPP Portal, to facilitate bidders to search active
tenders by several parameters. These parameters could include Tender ID, organization
name, location, date, value, etc. There is also an option of advanced search for tenders,
wherein the bidders may combine a number of search parameters such as organization
name, form of contract, location, date, other keywords etc. to search for a tender published
on the CPP Portal.
2) Once the bidders have selected the tenders they are interested in, the same can be moved
to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the
bidders through SMS / e-mail in case there is any corrigendum issued to the tender
document.
1) Bidder should take into account any corrigendum published on the tender document before
submitting their bids.
2) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
documents - including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
4) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
tender document and generally, they can be in PDF / XLS / RAR / DWF formats. Bid
documents may be scanned with 75 dpi with black and white option. However, Price
Schedule / SOR shall be strictly in XLS format without altering any contents of the
formats uploaded by EIL in their Bidding Document.
5) To avoid the time and effort required in uploading the same set of standard documents which
are required to be submitted as a part of every bid, a provision of uploading such standard
documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided
to the bidders. Bidders can use “My Documents” area available to them to upload such
documents. These documents may be directly submitted from the “My Documents” area
while submitting a bid, and need not be uploaded again and again. This will lead to a
reduction in the time required for bid submission process.
SUBMISSION OF BIDS
1) Bidder should log into the site well in advance for bid submission so that he/she upload the
bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay
due to other issues.
2) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as
applicable and enter details of the instrument.
4) Bidder should prepare the EMD as per the instructions specified in the tender document. The
original should be posted/couriered/given in person to the Tender Processing Section, with
in due date and time of bid submission. The details of the DD/any other accepted instrument,
physically sent, should tally with the details available in the scanned copy and the data
entered during bid submission time. Otherwise the uploaded bid will be rejected.
5) A Price Bid format has been provided with the tender document to be filled by all the bidders.
Bidders are requested to note that they should necessarily submit their financial bids in the
format provided and no other format is acceptable. Bidders are required to download the
Price Bid file, open it and complete the cells with their respective financial quotes and other
6) The server time (which is displayed on the bidders’ dashboard) will be considered as the
standard time for referencing the deadlines for submission of the bids by the bidders,
opening of bids etc. The bidders should follow this time during bid submission.
7) All the documents being submitted by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered cannot be viewed by
unauthorized persons until the time of bid opening. The confidentiality of the bids is
maintained using the secured Socket Layer 128 bit encryption technology. Data storage
encryption of sensitive fields is done.
8) The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
9) Upon the successful and timely submission of bids, the portal will give a successful bid
submission message & a bid summary will be displayed with the bid no. and the date & time
of submission of the bid with all other relevant details.
10) The bid summary has to be printed and kept as an acknowledgement of the submission of
the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.
RETENDER
Please note that if Tender has been retendered, than it is mandatory for the bidder to
submit their offer again on CPP Portal.
WITHDRAWAL OF BID
It may please be noted that bidders now have an additional feature of withdrawing their
bids before due date and time. After submitting the bid on the CPP Portal, if the bidder
wishes to withdraw his bid, he can do so. However, if the bidder withdraws his bid, he
will be exempted from further participation in the tender and won’t be able to submit
his bid again for that particular tender.
ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions contained therein
should be addressed to the Tender Inviting Authority for a tender or the relevant contact
person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries relating to CPP Portal
in general may be directed to the 24 x 7 CPP Portal Helpdesk. The contact number for the
helpdesk is 1800-3070-2232 and Mobile Nos +91-7878007972, +91-7878007973.
This document gives the procedure to be followed by bidders who are resident of countries other
than India for participating in Online Tendering Activity.
As per the IT ACT 2000, all bidders who participate in the online bidding process in this site
should possess a valid Digital Signature issued by any of the Digital Signature Certificate (DSC)
vendors approved by CCA, India (https://cca.gov.in). The following document gives the procedure
that is generally followed by various vendors.
Generally, the documents that are required to be submitted by Foreign Nationals are as follows:
1. Identity Proof (ID Proof) of the person in whose name DSC has to be issued (E.g.
Passport copy)
2. Bank account statement in country of residence, duly attested by Indian Embassy / High
Commission / Consulate / Apostille in the country where the applicant is currently
located. (At least 6 months of Bank transactions) with the proof indicating the account is
owned by the Individual.
3. Copy of the Trade license attested by any one of the authorities as specified in Point 2
above.
4. As the Individual is representing the company, an Authorization on company’s letter head
as given in the form
5. Copy of the Authorization letter or invitation letter from department for the
participation in the tender by any one of the tender inviting authority.
As of now, it is learnt that GNFC, TCS, eMudhra issue DSCs with the above procedure. The
copy of the nCodes, TCS and eMudhra Format is enclosed as Annexure; the Copies of other
vendors will be made available on receipt of information from these vendors.
Note: The Information given by the vendors is attached for facilitating the Foreign Nationals to
procure DSCs from the Indian CA authorized vendors for information purpose only as shared by
the respective CA's.
Please find below the details of various vendors and procedure for obtaining DSC:
GNFC
Tata Consultancy Services
eMudhra
____________________________________________________________________________________
APPENDIX-V TO ITB
TRC &10F
____________________________________________________________________________________
[TRC CERTIFICATE]
TRC obtained by the Non-resident from Government of foreign country shall contain the following
particulars:
____________________________________________________________________________________
FORM-10F
ON THE LETTER HEAD
[See sub-rule (1) of rule 21AB]
Information to be provided under sub-section (5) of section 90 or sub-section (5) of section 90A of the
Income-tax Act, 1961
I. ……………………………………..... *son/daughter of Shri……………………………….. in the capacity
of …………………………...(designation) do provide the following information, relevant to the previous
year………………………… *in my case/in the case
of………………………………………………………... for the purposes of sub-section
2. I have obtained a certificate to in sub-section (4) of section 90 of sub-section (4) of section 90A from the
Government of . . . . . . . . . . . . . . . . . . . (name of country or specified territory outside India)
Signature: . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . .
Permanent Account Number: . . . . . . . . . . . . . . . . . . .
Verification
I. . . . . . . . . . . . . . . . . . . do hereby declare that to the best of my knowledge and belief what is stated above
is correct complete and is truly stated.
Notes:
a. * Delete whichever is not applicable
b. # Write N.A. if the relevant information forms part of the certificate referred to in sub-section (4) of
section 90 or sub-section (4) of section 90A.
APPENDIX-VI TO ITB
POWER OF ATTORNEY OF
BIDDER
6 Appendix-VI -POA
APPENDIX – VI TO ITB
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant
to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall
be deemed to have been directly done by us.
We further certify that vide documents reference ______________ dated _______, we have the
power to sub-delegate and issue this POA as per Company Charter
__________________________
Signature of person in whose favour POA is issued
Name:
Designation:
Date:
_______________________ (signature)
(Name, Title and Address) of the Attorney
Designation:
Date & Seal
Note
Wherever required, the executant(s) should submit for verification the extract of the charter
documents and/or documents such as board of resolution passed for this purpose (in case of
company) in favour of the Person executing this Power of Attorney for the delegation of power
hereunder on behalf of the executant(s).
6 Appendix-VI -POA
____________________________________________________________________________________
APPENDIX-VII TO ITB
____________________________________________________________________________________
APPENDIX-VIII TO ITB
Bidders are requested to select ‘Yes’ or ‘No’ by putting ‘√’ mark against declaration column below.
Sr.
Parameter Declaration Remarks
no.
Note : This undertaking shall be certified by the authorized signatory of the bidder having the Power of
Attorney.
Page 1 of 2
to APPENDIX-VIII
To,
Item : ____________________
Designation
Seal :
Membership no. :
Notes:
1. This undertaking shall be certified by statutory auditor or cost auditor of the company (in the
case of companies) or from a practicing cost accountant or practicing chartered accountant (in
respect of suppliers other than companies).
2. The above format is indicative, the Statutory Auditor / Cost Auditor / Cost Accountant / Chartered
Accountant can modify the format without changing the intent of certification.
Page 2 of 2
____________________________________________________________________________________
APPENDIX-IX TO ITB
[Applicable for sole foreign bidder/ consortium of two foreign entities / consortium of one foreign & one Indian
entity / consortium of two Indian entities - delete those which are not applicable]
[The deponent must be any one out of CEO or CFO or Company Secretary or any Functional Director in
Board of Members]
FORMAT OF AFFIDAVIT
I, the above named deponent do hereby solemnly affirm and state as under:-
a) has been in operation for more than 7 (Seven) years reckoned from the last day of the month
immediately previous to one in which bid is invited (floated).
4) I depose accordingly,
SIGNATURE OF DEPONENT
VERIFICATION
I, ................................................. the deponent above named, do hereby verify that the factual contents
of this Affidavit are true and correct. No part of it is false and nothing material has been concealed there
from.
SIGNATURE OF DEPONENT
APPENDIX-X TO ITB
BIDDING FORMS
FOR HRRL RRP PROJECT
TABLE OF CONTENTS
A FORM OF BID
D Deleted
J METHODOLOGY OF EXECUTION
P SELF DECLARATION
FORM-A
FORM OF BID
(TO BE SUBMITTED ON BIDDER’S LETTER HEAD)
From
To
Dear Sirs,
Having examined the Bidding Documents including Notice for Invitation for Bid, Instructions to
Bidders, General Terms and Conditions of Contract, Special Conditions of Contract,
Specifications, Technical requirements, Time Schedule, Form of Contract, Form of Bid, Price
Schedule and Amendment(s) to the Bidding Documents (if any), and having understood the
provisions of the said Bidding Documents and having thoroughly studied and understood the
requirements of HPCL Rajasthan Refinery Limited (HRRL) relative to the work for in
connection with the above work for HRRL’s Rajasthan Refinery Project (RRP) and having
conducted a thorough study of the job site(s) involved, the site conditions, soil conditions, the
climatic conditions, labour, power, water, material and equipment availability, the transport,
communication facilities and access to site, the availability and suitability of borrowed earth
areas, the availability of land and/or premises for temporary office and accommodation quarters
and all other factors and facilities and things whatsoever necessary or relevant to the
formulation of the Bid and the performance of Work, I/we hereby submit our bid/offer for the
performance of the proposed services and supplies in accordance with the terms and conditions
and within the time mentioned in the Bidding Documents at the lumpsum price quoted by me/us
in the Price Schedule(s) included in the Bidding Documents and arrived at by adding the Price
of Materials and the Price of Supplies and services in the format as per the Price Schedule. If
the Work is awarded to me/us, I/we undertake to perform the Work and make the supplies in
accordance with the Contract Documents as defined in the Form of Contract forming part of the
Bidding Documents and accept the terms and conditions of Contract as laid down therein and
undertake within 30 days of receipt of the Letter/FAX of Acceptance to deposit with the Chief
Finance Manager, HPCL Rajasthan Refinery Limited. (Rajasthan Refinery) a sum equivalent
to 10% (Ten percent) of the Lumpsum price as specified in the Letter of Acceptance by way of
Contract performance Bank Guarantee from a Scheduled Bank in India (other than cooperative
bank)/ Security deposit and Retention money as mentioned in SL.no. 4 of SCC, and to
commence work at the job site(s) involved within 30 days from the Acceptance of Bid, and to
sign the formal Contract in terms of the Form of Contract forming part of the Bidding Documents
within 30 (Thirty) days of receipt of the detailed Letter of Acceptance from or on behalf of
HPCL Rajasthan Refinery Limited., failing which HPCL Rajasthan Refinery Limited. shall
be at liberty, without further reference to me/us and without prejudice to any of its other rights or
remedies, to terminate the Contract.
I/ We further undertake to keep my/our this Bid/offer open for a period of not less than 8 (Eight)
months from the final Bid Due Date {Bid submission End Date mentioned in IFB, if no extension
in Bid Due Date (BDD) or extended Bid Due Date in case BDD is extended}.
I/We hereby further state that I/We/None of us (in the case of partnership firm) was/were
employed as Directors of HPCL Rajasthan Refinery Limited. during the period of 2 (Two)
years immediately preceding the date hereof OR I/We hereby declare that I Shri……………….
one of our partners (in the case of partnership firm) was employed as a director in HPCL
Rajasthan Refinery Limited., during the period of 2 (Two) years immediately preceding the
date hereof and that Shri ……………………. OR I/We has/have obtained previous permission
of HPCL Rajasthan Refinery Limited. to make this Bid. I/We hereby declare that Shri
……………… one of directors was employed as a director of HPCL Rajasthan Refinery
Limited. during a period of 2 (Two) years immediately preceding the date hereof and that Shri
……………. /I/We has / have obtained previous permission of HPCL Rajasthan Refinery
Limited. to make this Bid.
…………………………………………………………………………………………………
…………………………………………………………………
I/We hereby undertake that the statements made herein and the information given in the
Annexures referred to above are true in all respects and that in the event of any such statement
or information being found to be incorrect in any particular, the same may be construed to be a
misrepresentation entitling HPCL Rajasthan Refinery Limited. to avoid or terminate any
resultant Contract.
I/We further undertake as and when called upon by HPCL Rajasthan Refinery Limited,. to
produce for its inspection, original(s) of the documents(s) of which copies have been annexed
hereto.
We, the undersigned warrant our competence (experience wise and financially) to faithfully
execute the entire work to the highest levels of professional standards and practice.
We also declare that in case of award of the said LSTK contract to us, we shall fully comply with
all rules, regulations and Health, Safety and Environment guidelines set forth by Owner or any
other Government body at Barmer (Rajasthan) India
We declare that we or any of our subcontractor or personnel required to work on this project,
shall have no objection in signing secrecy agreement with Owner, if so requested.
We hereby confirm that we have submitted all details as mentioned in the CHECK LIST
included in various sections and as per provisions mentioned elsewhere in the Bidding
document and all such documents are page numbered serially and flag marked for easy
identification with proper index.
Yours faithfully,
(Signature(s) of the Bidders(s))
Name & Designation of authorised person signing the Bid on behalf of the Bidder(s)
Full Name and address of the Bidder(s)
FORM-B
(To be furnished with the Bid separately for each consortium member in case of bids on
consortium basis)
b) Name of Directors
a) Name of Partners
e) Age of Partners
Form –B(I)
INFORMATION ABOUT BIDDER
(OTHER DETAILS)
[in case of consortium bid, this form shall be submitted separately for each member of the consortium]
To
Engineers India Limited for
HPCL Rajasthan Refinery Limited
R&D Complex, Sector-16 (On N.H.-8)
Tower-1 (1st Floor),
Gurgaon-122 001
Haryana (India)
City :_____________________________
District :_____________________________
State :_____________________________
PIN/ZIP:_____________________________
City :_____________________________
District :_____________________________
State :___________________________
Name:
2.0 Affiliates / Associates / Subsidiary
Companies details
Address:
Name:
Address:
Name:
Address:
Address:
3.0 GENERAL
4 CONTRACTOR’s PROFILE
FORM–C
We are submitting the Table of Contents (Master index –Technical & Master index –
Commercial) of Bidding Documents and amendments, if any, as part of our Bid duly
signed and stamped on each page in token of our acceptance. We are not submitting
the total Bidding Document as part of our Bid but undertake that said the Bidding
Documents shall be deemed to form part of our bid and in the event of award of work
to us, the same shall be considered for constitution of Contract Agreement. Further,
we shall sign and stamp on each page of these documents as a token of Acceptance
and as a part of the Contract in the event of award of Contract to us.
_______________________________
(NAME OF BIDDER)
PLACE: ____________________
DATE: ____________________
FORM–D
DELETED
FORM–E
We confirm that during detailed engineering, we will review and recommend the required
Special tools & tackles and Commissioning spares, wherever specified in the enquiry document
and supply the same without any additional cost and time implication to Owner/Purchaser.
We further hereby waive, withdraw and abandon any and all assumptions, deviations,
variations, objections or reservations whatsoever hereto set out, given or indicated in our offer,
clarifications, correspondence, communications, or otherwise with a view that the price bid and
price implication (if any) submitted may be treated to conform to, in all respects, with the terms
and conditions of the said Bidding Document including all Technical and Commercial
Amendments.
We further hereby confirm that the price quoted in the price bid are as per the provisions of the
Bidding document and there is no deviation to the provisions in the price bid.
**
For and on behalf of
Authorised signatory
(Name and signature of authorized signatory)
Date:
FORM – F
BIDDING DOCUMENT
REFERENCE
SL.
PART PAGE CLAUSE SUBJECT DEVIATION
NO
NO./ NO. NO.
VOLUME
BIDDING DOCUMENT
REFERENCE
SL.
PART PAGE CLAUSE SUBJECT DEVIATION
NO
NO./ NO. NO.
VOLUME
3. Any deviations stated elsewhere in the bid shall not be taken into account
and may render the bid non-responsive and liable for rejection.
Deviation/Clarification in any other place shall be treated as null and
void.
DATE:
FORM–G
Name of Work:
e) I/We accept and undertake to respect and uphold the Owner's absolute
right to resort to and impose such exclusion.
FORM-H
FORMAT FOR BIDDERS’ QUERIES
NAME OF WORK : ____________________________________________
BIDDING DOCUMENT : ____________________________________________
NAME OF BIDDER : ____________________________________________
NOTE:
1. The Pre-Bid Queries may be sent by e-mail to concerned persons, the details of which is
provided in IFB
2. Also send the editable soft format through email.
FORM – I
PROFORMA OF CERTIFICATE OF
NON-INVOLVEMENT OF AGENT
DATE:
FORM - J
In this Proposal FORM, Bidder shall detail out Methodology of Execution of work, as
applicable for the following:
3. Heavy Equipments
4. Any Other
DATE:
FORM-K
The Bidder shall submit herein details of Head Office and Project/Site Organisation
proposed to be deployed for execution of work. Bidder shall also furnish the bio-data of
Site-in-Charge and key personnel to be deployed meeting the minimum criteria specified
in the SCC.
Bidder understand that the said proposal represents the minimum deployment and the
Bidder acknowledges that the said deployment may have to be augmented with
additional number and/or categories, if required if directed by Engineer-in-Charge in
order to compete the work within the completion schedule and quoted lumpsum price.
FROM-L
DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMRNT
SL. DESCRI CAPA DEPLOYMENT SCHEDULE (IN MONTH)
PTIO N -CITY
NO.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 TOTAL
1 CRANES
1.1 3200 MT
1.2 1250 MT
1000 MT
1.3
1.4 500 MT
1.5 300 MT
1.6 150 MT
1.7 75 MT
1.8 50 MT
1.9 20 MT
1.10
15 MT
1.11
10 MT
1.12
5 MT
2 DIESEL
GENER
ATORS
2.2 300
KVA/250
KV
2.3 150
KVA/125
KV
3 COMPR
ESSORS
4 WELDIN
G M/CS
4.1 DIESEL
WELDIN
G M/C
4.2 DIESEL
GENER
ATOR
4.3 WELDIN
G
TRANS
FORME
RS/
RECTIFI
ERS
4.4 TIG
WELDIN
G M/CS
5 GRIT
BLASTIN
G M/CS
6 SPRAY
PAINTIN
G M/CS
7 STRESS
RELIEVI
NG
M/CS
8 RADIOG
RAPHY
M/CS
9 TEST
PUMP
10 WATER
PUMP
11 TRANSP
ORTA-
TION
EQPT
11.1 TRACTO
R-
TRAILO
R
11.2 TRUCKS
11.3 BUS
12 JACKS
12.1 MECHA
NICAL
12.2 HYDRA
ULIC
13 CIVIL
13.1 EXCAVA
TORS
13.2 DUMPE
RS
13.3 BATCHI
NG
PLANT
13.4 CONCR
ETE
PUMP
CAR
TRANSI
T MIXER
13.5
MIXER
13.6
VIBRAT
ORS
13.7
COMPA
CTORS
13.8
THEOD
OLITES
13.9
OTHERS
14.0
INSULA
TION
14.1 TESTIN
G
EQUIPM
ENT
SECON
DARY
14.2 INJECTI
ON
TESTIN
G KIT
METERS
, TOOLS
14.3 &
TACKLE
S ETC.
CALIBR
ATION
14.4 EQUIPM
ENT
OTHER
TOOLS
14.5 &
TACKLE
S
MULTI
METERS
14.6 CALIBE
RAT-
ORS
ETC.
14.7 BATCHI
NG
PLANT
FORM-M
PROJECT
MANAGEM
1 ENT
PROJECT
MANAGER
1.1
PLANNING
MANAGER
1.2
PLANNING
ENGINEER
1.3 S
RESIDUAL
DESIGN
2 AND
DETAILED
ENGINEERI
NG
PROJECT
ENGINEERI
2.1 NG
MANAGER
ENGINEERI
NG
2.2 COORDINA
TOR
ENGG.
PERSONN
2.3 EL FOR
VARIOUS
DISCIPLINE
CIVIL
STRUCTUR
2.3. AL
1
(i) ENGINEER
S
PRESSURE
VESSELS
2.3.
2
MECHANIC
AL EQPT/
2.3. ROTARY
3 EQPT.
2.3. PIPING
4
ENGINEER
S
(i)
2.3. ELECTRIC
5 AL
(i) ENGINEER
S
2.3. INSTRUME
6 NTATION
(i) ENGINEER
S
2.3. MISCELLA
7 NEOUS
3 PROCURE
MENT
3.1 PURCHASE
3.1. PURCHASE
1 MANAGER
3.1. PURCHASE
2 COORDINA
TOR
3.1. PURCHASE
3 OFFICER
3.2 INSPECTIO
N
3.2. INSPECTIO
1 N
MANAGER
3.2. INSPECTO
2 RS
3.3 EXPEDITIN
G
3.3. EXPEDITIN
1 G
COORDINA
TOR
3.3. EXPEDITO
2 RS
3.4 CUSTOM
CLEARANC
E, IMPORT
LICENCE,
TRANSPOR
TATION
PERSONN
EL
4 SITE
CONSTRU
CTION
4.1 PROJECT
MANAGER
4.2 CONSTRU
CTION
MANAGER
4.3 CIVIL
STRUCTUR
AL
4.3. LEAD
I ENGINEER
4.3. SITE
2 ENGINEER
4.3. SUPERVIS
3 ORS
4.4 MECHANIC
AL WORKS
4.4. LEAD
I ENGINEER
4.4. SITE
2 ENGINEER
4.4. SUPERVIS
3 ORS
4.5 PIPING
WORK
4.5. LEAD
1 ENGINEER
4.5. SITE
2 ENGINEER
4.5. SUPERVIS
3 ORS
4.6 ELECTRIC
AL WORK
4.6. LEAD
1 ENGINEER
4.6. SITE
2 ENGINEER
4.6. SUPERVIS
3 ORS
4.7 INSTRUME
NTATION
WORK
4.7. LEAD
1 ENGINEER
4.7. SITE
2 ENGINEER
4.7. SUPERVIS
3 ORS
4.8 QUALITY
ASSURANC
E/ QUALITY
CONTROL
4.8. QC/QA
1 MANAGER
4.8. INSPECTO
2 R (CIVIL)
4.8. INSPECTO
3 R (PIPING)
4.8. INSPECTO
4 R (MECH
EQPT)
4.9 SAFETY
ENGINEER
4.1 SITE
0 ENGINEERI
NG WORKS
4.1 ENGINEER
0.1 S
4.1 SUPERVIS
0.2 ORS
4.1 COMPUTE
1 R
ENGINEER
4.1 ADMINISTR
2 ATION
MANAGER
4.1 MISCELLA
3 NEOUS
4.1 WAREHOU
4 SE
PERSONN
EL
4.1 MATERIAL
5 MANAGER
4.1 COMMISSI
6 ONING
i) COMMISSI
ONING
COORDINA
TOR
ii) COMM
ENGINEER
(SHIFT- IN-
CHARGE)
iii) CONTROL
ROOM
COORDINA
TOR
FIELD
SUPERVIS
iv) OR
v) TECHNICIA
N
Vi)
Any Other
Note – The Schedule shall be modified as per the Time Schedule mentioned in IFB
_____________________________________
1. SINGLE LSTK /
CONSORTIUM
2. SINGLE LSTK /
CONSORTIUM
3. SINGLE LSTK /
CONSORTIUM
4. SINGLE LSTK /
CONSORTIUM
5. SINGLE LSTK /
CONSORTIUM
6. SINGLE LSTK /
CONSORTIUM
7. SINGLE LSTK /
CONSORTIUM
8. SINGLE LSTK /
CONSORTIUM
9. SINGLE LSTK /
CONSORTIUM
FORM- N(ii)
Bidder shall furnish their experience details with reference to the Work, which pre-qualify them
in line with criteria mentioned in Invitation for Bid against IFB Clause no. 5.1 & 5.2
S. DESCRIPTION DETAILS
NO.
Name of project, location
1.
Description of work
2.
Contract Value
3.
S. DESCRIPTION DETAILS
NO.
Name of Consultant, Postal
5.
Address, Phone/ Fax No. &
e-mail
Names of domain/sector:
7.
[Refer IFB Clause no.: 5.1.1]
Detailed Engineering
Construction including
fabrication, erection
S. DESCRIPTION DETAILS
NO.
ACTIVITY PERFORMED UNDER BY SELF/ AS BY MEMBER BY SUB-
SCOPE OF WORK A LEADER OF OF CONTRACTOR
CONSORTIUM CONSORTIUM
(MARK FOR APPLICABILITY IN BOX)
Commissioning Assistance
Commissioning
operation :____________
__________________
Ref.No.:_________ Dated:_______
S. DESCRIPTION DETAILS
NO.
Copy of Proof of Completion in line with BQC
requirement
Ref.No.:_________ Dated:_______
Proof of Commissioning in line with BQC in
Ref.No.:_________ Dated:_______
A proof that plant has been under operation for
Last 1 year in line with BQC requirement [IFB
Clause no. 5.1.5]
Ref.No.:_________ Dated:_______
Ref.No.:_________ Dated:_______
11 Yes No
Confirm that you are meeting
the Technical Criteria of BQC
as mentioned in IFB clause
5.1.2.
12 Confirmed
If not, then confirm that you
have engaged Engineering
Sub-contractor as per IFB
Clause 5.1.2.1 and you have Furnished Experience Details of Engineering Sub-
furnished Experience Details of Contractor.
Engineering Subcontractor.
Yes No
Yes No
S. DESCRIPTION DETAILS
NO.
13 Confirmed that all supporting
documents pertaining to
qualification criteria submitted
as evidence are duly Confirmed
authenticated as per
requirement mentioned in IFB
[Clause no. 5.5.6] and
Instructions To Bidders.
Note:
1. In case of submitting multiple jobs for qualification, the above Form N (ii) sheet shall be
provided for each job separately.
CONFIRMATION:
1. We confirm that information furnished along with our Bid as per this format are true and
correct and in case of any original document is required by Owner/Consultant, the same
shall be submitted by us for verification.
2. We confirm that copies of the documents submitted/ uploaded with e-bid for meeting the
Bidder Qualification Criteria are authenticated copies and are true images of the original
document. In case some area has been omitted while taking the Photocopy of original
documents due to confidentiality requirement, then such portions of the documents
should be identified and informed in writing stating the reasons.
FORM-O
Bidder shall furnish details, which pre-qualify them in line with Financial Criteria mentioned under IFB Clause 5.3.
A. ANNUAL TURNOVER
Annual Turnover data for the last Three Financial years ending 31st March/ 31st December
F.Y.___________
F.Y.___________
F.Y.___________
AVERAGE ANNUAL
TURNOVER OF
ABOVE 3 YEARS
NOTE: Annual Turnover shall be calculated including Excise Duty / GST (as applicable) but excluding other Incomes
B. NET WORTH
Networth of the immediate preceeding financial year (based on audited financial results)
F.Y.__________________
Net worth calculation: Net worth means paid up share capital, Share Application Money pending allotment* and reserves# less
accumulated losses and deferred expenditure to the extent not written off. Net worth has been calculated using the following formula, as
per provisions of the enquiry document:
# Reserves to be considered for the purpose of net worth shall be all reserves created out of the profits and securities premium account but
shall not include reserves created out of revaluation of assets, write back of depreciation and amalgamation.
*Share Application Money pending allotment will be considered only in respect of share to be allotted.
S. No. Description Figure (In Bidder’s Currency Figure in US$ [Conversion Schedule
____________ ) factor, as on Date of Reference, Page
Audited Financial no., Clause no.
[F.Y. ______________ ] [As on Date of Audited Financial Statement , as shown in
Statement of Immediate Preceding Table A above]
Financial Year]
[Applicable if Turnover is
not in INR or US$]
D. In case of shortfall in Working Capital mentioned in the Financial Criteria, Letter from Scheduled Bank in India as per RBI Act
Name of Scheduled Bank in India and Bank Letter Reference and Date Fund Based Line of Credit [with Currency]
Branch
NOTES
1) Bidder to submit Copies of Audited Financial Statements (Balance Sheets and Profit & Loss account) for the above three
Financial years including Auditor’s Report, all Schedules etc. as per provisions of the Bidding Document
2) Net Worth, Working Capital and Turnover have been calculated using the above mentioned formulae and after giving effect to
the impact of audit qualification given in the auditor’s report.
SELF DECLARATION/CERTIFICATION
FORM-P
Bidder’s declaration as furnished herein below shall supersede the stipulations
mentioned elsewhere in their bid.
FORM–Q
DECLARATION OF BLACK-LIST /HOLIDAY LIST / SUSPENSION LIST/ BANNING
LIST/ DELISTED LIST/ NEGATIVE LIST
____________________________________________________________________________________
APPENDIX-XI TO ITB
____________________________________________________________________________________
WHEREAS:
The Beneficiary floated a tender dated inviting offers from Vendors
for (purpose). The Bidder (Joint
Venture/Subsidiary/Group/ Affiliate Company) has submitted its quotation and advised the
Beneficiary that the Bidder is a Joint Venture / Subsidiary/Group/Affiliate Company in which the
Guarantor is the promoter/ parent and a majority/ ultimate share holder and the Guarantor has
effective control of the Bidder. The Bidder seeks to take benefit of the experience and
qualifications of the Guarantor, in order to qualify in the tender. In terms of the tender conditions,
if the Bidder is to be given the benefit of the qualifications of the promoter member/ parent
company, then the said promoter member/ parent company is supposed to provide adequate
guarantees to the Beneficiary, in respect of technical, financial and other support to the Bidder,
in order to complete the job, if the Bidder is successful and the contract is awarded to the
Bidder. For this reason, the Guarantor is ready and willing to give a Promoter Member
Guarantee (PMG) inter alia for the performance of the obligations of the Bidder to the terms and
conditions of the tender and on Bidder's failure, to assume the said obligations.
We, the Guarantor are hereby recording the terms and conditions governing our obligations
under this Guarantee with the intent of being legally bound by the same and hereby agree,
covenant and bind ourselves as follows:-
1. The Guarantor hereby irrevocably and unconditionally guarantees to HRRL that its joint
venture/subsidiary/group/affiliate Bidder company will perform its obligations under the terms
and conditions of the tender, if the contract is being awarded to them in future for
and agrees to provide further comfort letters/ guarantees, if so desired by Beneficiary, in
terms of the tender.
2. The Guarantor unconditionally and irrevocably guarantees to the Beneficiary that it will make
available or cause to be made available to the Bidder all financial, technical and other
resources required to ensure that the Bidder can carry out its obligations as per the tender
terms and conditions and that the Bidder at all times fully and effectively discharge its
obligations under the terms and conditions of tender, including by discharging the obligations
within the time and cost so stipulated. This Guarantee is an absolute, unconditional and
continuing guarantee of the full and punctual payment and performance of obligations under
this Guarantee and is in no way conditioned upon any requirement that the
Beneficiary/HRRL first attempt to enforce any of the obligations against the Bidder, any other
guarantors of the Bidder or any other person or entity or resort to any other means of
obtaining performance of any obligations of the Bidder.
3. The Guarantor hereby agrees that if the Bidder shall in any respect commit any breach or
fails to fulfill any of the terms of the Contract/Tender or complete it in all respects or if there
____________________________________________________________________________________
is a failure to make any supplies or if any material, equipment or machinery under the
contract so supplied is not of the required specifications or does not perform as envisaged
under the contract/tender, then the Guarantor will forthwith perform the same and fulfill all
the obligations required under tender terms & conditions on behalf of their Bidder, without
any extra cost and time implications.
4. The Guarantor further undertakes to indemnify all losses, damages, expenses, claims, costs
and proceedings which may be suffered or incurred by Beneficiary due to the failure or
breach on the part of its Bidder Company.
5. The Guarantor assures and undertakes that during the term of the contract or of any
guarantee for performance as per the contract, the Guarantor shall continue to be the
promoter member/ parent company of the Bidder and further, that the Guarantor's liability
shall not be affected due to any incapacity or lack of power or legal personality or change in
the status of the Bidder or the Guarantor.
6. The Guarantor's liabilities under this Guarantee shall not exceed the liability of the Bidder
under the tender terms and conditions but this shall in any manner not affect the Guarantor's
own responsibilities and liabilities under the Guarantee. Guarantor shall be entitled to all the
rights and limitations as available/applicable to the Bidder under the Agreement, when called
upon under this Guarantee to complete / perform any obligations of the Bidder under the
Agreement.
7. The obligation of the Guarantor shall take effect from the date of this Guarantee and shall
remain in full force until all the obligations of the Bidder have been fully performed and
discharged and/or all sums of money payable to Beneficiary have been fully paid under the
contract being entered into by Beneficiary with the Bidder. The Guarantor further undertakes
to perform forthwith under this Guarantee without insisting on any proof of breach of
Contract by the Bidder and purely relying on Beneficiary's written demand.
8. The liabilities of the Guarantor shall not be discharged, diminished or otherwise affected by:-
b. Any time, indulgence, waiver or consent given to the Bidder Company by the Beneficiary.
c. Any amendment to the Contract or any security or other guarantee or indemnity to which
Bidder Company has agreed.
9. NOTICE:
Any notice, demand, declaration or other communication to be given by the Beneficiary or the
Guarantor to the other shall be in writing, in English language and delivered in person or by Air
Mail or by Courier Services or by Facsimile or by E-Mail to the address given in the tender
documents or in the beginning of this Guarantee.
____________________________________________________________________________________
This Guarantee shall be exclusively governed by and construed in accordance with the laws of
India without giving effect to the principles of conflict of laws therein. No party shall take a plea
that any forum is inconvenient. It may be enforced in terms of the Indian laws.
All and any disputes or differences arising out of or in relation to this Guarantee shall be finally
settled and resolved through Arbitration in terms of the Arbitration Clause contained in the
tender documents and agreed to between the Bidder and the Beneficiary. If the disputes are
raised by the Guarantor, then the same shall settled by Arbitration assuming that the Guarantor
is the Bidder under the said clause.
12. This Guarantee may be executed in one or more counterparts, all of which shall be read and
construed as one document and any fax copy or scanned copy or print of a scanned copy of
a signed Guarantee shall be deemed to be an original signature.
13. No modification, alteration or amendment of this Guarantee or any of its terms or provisions
shall be valid or legally binding unless the Beneficiary consents to the same in writing.
14. No failure to take any action with respect to a breach of this Guarantee or a default by any
other party shall constitute a waiver of the Beneficiary's right to enforce any provision of this
Guarantee or to take action with respect to such breach or default or any subsequent breach
or default.
15. Waiver of any breach or failure to comply with any provisions of this Guarantee shall not be
construed as, or constitute, a continuing waiver of such provision, or a waiver of any other
breach of or failure to comply with any other provision of this Guarantee, unless any such
waiver has been consented to by the concerned party in writing.
16. This document has been executed by a duly authorized signatory on behalf of the Guarantor
having the requisite power to do so.
IN WITNESS WHEEOF the Guarantor has duly executed this Guarantee as at the date first
above written.
Witness
(Signature): Signature:
Name: Name:
Designation: Designation:
B224-GCC-LSTK-Rev.0
25-FEB-2019
1.1 This is a Contract for execution of job as defined in tender document at the specified
location
1.2 The tenderer for the abovementioned item of work is the company/ proprietary
concern/ individual (as per details & address mentioned in the unpriced bid) and
undersigned (digitally) is authorized to submit the bid on behalf of tenderer.
1.3 The terms and conditions mentioned hereunder are the terms and conditions of the
Contract for the execution of the work mentioned under item 1.1 above.
1.5 Interpretation of Contract Documents: All documents forming part of the Contract are
to be taken mutually explanatory. Should there be any discrepancy,
inconsistency, error or omission in the contract, the decision of the Owner/Engineer-
in-Charge/Site-in-Charge shall be the final and the contractor
shall abide by the decision. The decision shall not be arbitrable. Works shown
upon the drawings but not mentioned in the specification or described in the
specifications without being shown on the drawings shall nevertheless be deemed to
be included in the same manner as if they are shown in the drawings and
described in the specifications.
It is the clear understanding that wherever it is mentioned that the Contractor shall
do/perform a work and/or provide facilities for the performance of the work, the doing
or the performance or the providing of the facilities is at the cost and expenses of
the Contractor not liable to be paid or reimbursed by the Owner.
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® 1.7 The Order of Precedence of documents shall be as follows with document at level 1 having the
highest precedence (Refer Annexure 22 – Govt. Guideline Sr. No. 12)
1. Contract Agreement
2. Detailed Letter of Acceptance along with its enclosures
3. Letter of Award / Fax of Acceptance
4. Job Specifications (specific to particular job only)
5. Drawings
6. Special Conditions of Contract
7. Technical Specifications
8. Instructions to Bidders
9. General Conditions of Contract
10. Other Documents
Any amendment / change order issued after signing of formal contract shall take precedence
over respective clauses of the formal contract and its annexures
2. DEFINITIONS
In this contract unless otherwise specifically provided or defined and unless a contrary intention
appears from the contract the following words and expressions are used in the following
meanings;
2.1 The term "Agreement" wherever appearing in this document shall be read as
"Contract".
2.2 The "Authority" for the purpose of this Contract shall be the Chairman and
Managing Director or any other person so appointed or authorised.
2.3 The "Chairman and Managing Director" shall mean the Chairman and Managing
Director of HINDUSTAN PETROLEUM CORPORATION LIMITED or any person so
appointed, nominated or designated and holding the office of Chairman &
Managing Director.
2.4 The "Change Order" means an order given in writing by the Engineer-in-Charge or by
Owner to effect additions to or deletion from or alterations into the Work.
2.5 The "Construction Equipment" means all appliances and equipment of
whatsoever nature for the use in or for the execution, completion, operation or
maintenance of the work except those intended to form part of the Permanent
Work.
2.6 The "Contract" between the Owner and the Contractor shall mean and include all
documents like enquiry, tender submitted by the contractor and the procurement
order issued by the owner and other documents connected with the issue of the
procurement order and orders, instruction, drawings, change orders, directions
issued by the Owner/Engineer-in-Charge/Site-in-Charge for the execution, completion
and commissioning of the works and the period of contract mentioned in the Contract
including such periods of time extensions as may be granted by the owner at the
request of the contractor and such period of time for which the work is continued by
the contractor for purposes of completion of the work.
2.7 "The Contractor" means the person or the persons, firm or Company whose tender has
been accepted by the Owner and includes the Contractor's legal heirs,
representative, successor(s) and permitted assignees.
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2.8 The "Drawings" shall include maps, plans and tracings or prints thereof with any
modifications approved in writing by the Engineer-in-Charge and such other
drawings as may, from time to time, be furnished or approved in writing by the
Engineer-in-Charge.
2.9 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed or
designated as such by the Owner and shall include those who are expressly authorised
by the owner to act for and on its behalf.
2.10 "The Owner" means the HINDUSTAN PETROLEUM CORPORATION LIMITED
incorporated in India having its Registered office at PETROLEUM HOUSE, 17,
JAMSHEDJI TATA ROAD, BOMBAY - 400020 and Marketing office at the
address mentioned for this purpose in the tender header or their successors or assignees.
2.11 The "Permanent Work" means and includes works which form a part of the work to
be handed over to the Owner by the Contractor on completion of the contract.
2.12 The "Project Manager" shall mean the Project Manager of HINDUSTAN
PETROLEUM CORPORATION LIMITED, or any person so appointed, nominated or
designated.
2.13 The "Site" means the land on which the work is to be executed or carried out and
such other place(s) for purpose of performing the Contract.
2.14 The "Specifications" shall mean the various technical and other specifications attached
and referred to in the tender documents. It shall also include the latest editions,
including all addenda/corrigenda or relevant Indian Standard Specifications and
Bureau Of Indian Standards.
2.15 The "Sub-Contractor" means any person or firm or Company (other than the
Contractor) to whom any part of the work has been entrusted by the Contractor with the
prior written consent of the Owner/Engineer-in-Charge/Site-in- Charge and their
legal heirs, representatives, successors and permitted assignees of such person,
firm or Company.
2.16 The "Temporary Work" means and includes all such works which are a part of the
contract for execution of the permanent work but does not form part of the
permanent work confirming to practices, procedures applicable rules and
regulations relevant in that behalf.
2.17 The "Tender" means the document submitted by a person or authority for carrying out
the work and the Tenderer means a person or authority who submits the tender
offering to carry out the work as per the terms and conditions.
2.18 The "Work" shall mean the works to be executed in accordance with the
Contract or part thereof as the case may be and shall include extra, additional,
altered or substituted works as maybe required for the purposes of completion of the
work contemplated under the Contract.
3. SUBMISSION OF TENDER
3.1 Before submitting the Tender, the Tenderer shall at their own cost and
expenses visit the site, examine and satisfy as to the nature of the existing roads,
means of communications, the character of the soil, state of land and of the
excavations, the correct dimensions of the work facilities for procuring
various construction and other material and their availability, and shall obtain
information on all matters and conditions as they may feel necessary for the
execution of the works as intended by the Owners and shall also satisfy of the
availability of suitable water for construction of civil works and for drinking purpose and
power required for fabrication work etc. Tenderer, whose tender may3 be | P accepted
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and with whom the Contract is entered into shall not be eligible and be able to make
any claim on any of the said counts in what so ever manner for what so ever reasons
at any point of time and such a claim shall not be raised as a dispute and shall not
be arbitrable.
A pre-bid meeting may be held as per the schedule mentioned in the tender.
3.2 The Tenderer shall be deemed to have satisfied fully before tendering as to the
correctness and sufficiency of his tender for the works and of the rates and prices
quoted in the schedule of quantities which rates and prices shall except as
otherwise provided cover all his obligations under the contract.
3.3 It must be clearly understood that the whole of the conditions and specifications are
intended to be strictly enforced and that no work will be considered as extra work
and allowed and paid for unless they are clearly outside the scope, spirit, meaning
of the Contract and intent of the Owner and have been so ordered in writing by
Owner and/or Engineer-in-Charge/Site-in-Charge, whose decision shall be final and
binding.
3.4 Before filling the Tender the Contractor will check and satisfy all drawings and materials
to be procured and the schedule of quantities by obtaining clarification from the
Owner on all the items as may be desired by the Tenderer. No claim for any alleged
loss or compensation will be entertained on this account, after submission of Tender
by the Tenderer/Contractor and such a claim shall not be arbitrable.
3.5 Unless specifically provided for in the tender documents or any Special Conditions, no
escalation in the Tender rates or prices quoted will be permitted throughout
the period of contract or the period of actual completion of the job whichever is later
on account of any variation in prices of materials or cost of labour or due to any
other reasons. Claims on account of escalation shall not be arbitrable.
3.6 The quantities indicated in the Tender are approximate. The approved schedule of
rates of the contract will be applicable for variations upto plus or minus 25% of the
contract value. No revision of schedule of rates will be permitted for such variations in
the contract value, including variations of individual quantities, addition of new items,
alterations, additions/deletions or substitutions of items, as mentioned above.
Quantities etc. mentioned and accepted in the joint measurement sheets shall alone
be final and binding on the parties.
3.7 Owner reserve their right to award the contract to any tenderer and their decision in
this regard shall be final. They also reserve their right to reject any or all
tenders received. No disputes could be raised by any tenderer(s) whose tender has
been rejected.
3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts viz.
cost of materials, transportation of machine(s), tools, equipments, labour, power,
Administration charges, price escalations, profits, etc. except to the extent of the
cost of material(s), if any, agreed to be supplied by Owner and mentioned
specifically in that regard in condition of Contract, in which case, the cost of such
material if taken for preparation of the Contractor's Bill(s) shall be deducted
before making payment of the Bill(s) of the Contractor. The description given in the
schedule of quantities shall unless otherwise stated be held to include wastage
on materials, carriage and cartage, carrying in and return of
empties, hoisting, setting, fitting and fixing in position and all other expenses
necessary in and for the full and complete execution and completion of works and in
accordance with good practice and recognised principles in that regard.
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3.9 Employees of the State and Central Govt. and employees of the Public Sector
Undertakings, including retired employees are covered under their respective
service conditions/rules in regard to their submitting the tender. All such persons
should ensure compliance to the respective/applicable conditions, rules etc. Any
person not complying with those rules etc. but submitting the tender in violation
of such rules, after being so noticed shall be liable for the forfeiture of the Earnest
Money Deposit made with the tender, termination of Contract and sufferance on
account of forfeiture of Security Deposit and sufferance of damages arising as
a result of termination of Contract.
3.10 In consideration for having a chance to be considered for entering into a
contract with the Owner, the Tenderer agrees that the Tender submitted by him
shall remain valid for the period prescribed in the tender conditions, from the date
of opening of the tender. The Tenderer shall not be entitled during the
said validity period, to revoke or cancel the tender without the consent in
writing from the Owner.
In case the tenderer revokes or cancels the tender or varies any of terms of the
tender without the Consent of the Owner, in writing, the Tenderer forfeits the right to
the refund of the Earnest Money paid along with the tender.
3.11 The prices quoted by the Tenderer shall be firm during the validity period of the
bid and Tenderer agrees to keep the bid alive and valid during the said period. The
Tenderers shall particularly take note of this factor before submitting their
tender(s).
3.12 The works shall be carried out strictly as per approved specifications. Deviations, if any,
shall have to be authorised by the Engineer-in-Charge/Site-in-Charge in writing
prior to implementing deviations. The price benefit, if any, arising out of the accepted
deviation shall be passed on to the Owner. The decision of Engineer- in-Charge shall
be final in this matter.
3.13 The contractor shall make all arrangements at his own cost to transport the
required materials outside and inside the working places and leaving the premises in a
neat and tidy condition after completion of the job to the satisfaction of Owner. All
materials except those agreed to be supplied by the Owner shall be supplied by the
contractor at his own cost and the rates quoted by the Contractor should be inclusive
of all royalties, rents, taxes, duties, statutory levies, if any, etc.
3.14 The Contractor shall not carry on any work other than the work under this Contract
within the Owner’s premises without prior permission in writing from the Engineer- in-
Charge/Site-in-charge.
3.15 The Contractor shall be bound to follow and ensure compliance to all the safety and
security regulations and other statutory rules applicable to the area. In the event of
any damage or loss or sufference caused due to non-observance of such rules and
regulations, the contractor shall be solely responsible for the same and shall keep the
Owner indemnified against all such losses and claims arising from the same.
3.16 At any time after acceptance of tender, the Owner reserves the right to add,
amend or delete any work item, the bill of quantities at a later date or reduce the
scope of work in the overall interest of the work by prior discussion and intimation to
the Contractor. The decision of Owner, with reasons recorded therefor, shall be final
and binding on both the Owner and the Contractor. The Contractor shall not have right
to claim compensation or damage etc. in that regard. The Owner reserves the
right to split the work under this contract between two or more contractors
without assigning any reasons.
3.17 Contractor shall not be entitled to sublet, sub contract or assign, the work
under this Contract without the prior consent of the Owner obtained in writing.
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3.18 All signatures in tender document shall be dated as well as all the pages of all
sections of the tender documents shall be initialed at the lower position and signed,
wherever required in the tender papers by the Tenderer or by a person holding
Power of Attorney authorising him to sign on behalf of the tenderer before
submission of tender.
3.19 The tender should be quoted in English, both in figures as well as in words. The rates and
amounts tendered by the Tenderer in the Schedule of rates for each item and in such a
way that insertion is not possible. The total tendered amount should also be indicated
both in figures and words with the signature of tenderer.
If some discrepancies are found between the rates given in words and figures of the
amount shown in the tender, the following procedure shall be applied :
(a) When there is a difference between the rates in figures and words, the rate which
corresponds to the amount worked out by the tenderer shall be taken as correct.
(b) When the rate quoted by the tenderer in figures and words tallies but the amount is
incorrect, the rate quoted by the tenderer shall be taken as correct.
(c) When it is not possible to ascertain the correct rate in the manner
prescribed above the rate as quoted in words shall be adopted.
3.20 All corrections and alterations in the entries of tender paper will be signed in full by
the tenderer with date. No erasures or over writings are permissible.
3.21 Transfer of tender document by one intending tenderer to the another one is not
permissible. The tenderer on whose name the tender has been sent only can
quote.
4. DEPOSITS
The tenderer will be required to pay a sum as specified in the covering letter, as
earnest money deposit along with the tender either thru a crossed demand draft or a
non-revokable Bank Guarantee in favour of Hindustan Petroleum Corporation Limited, from
any Scheduled Bank (other than a Co-Operative Bank) payable at Mumbai in favour of
Hindustan Petroleum Corporation Limited, Mumbai in the proforma enclosed
® or through e-payment. The earnest money deposit will be refunded after finalisation of the
contract.
Note: Public sector enterprises and small scale units registered with National Small Scale
Industries are exempted from payment of Earnest Money Deposit. Small scale units
registered with National Small Scale Industries should enclose a photocopy of their registration
certificate with their quotation to make their quotation eligible for consideration. The Registration
Certificate should remain valid during the period of the contract that may be entered into with
such successful bidder. Such tenderers should ensure validity of the Registration Certificate for the
purpose.
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b) SECURITY DEPOSIT:
The tenderer, with whom the contract is decided to be entered into and intimation is so
given will have to make a security deposit of one percent (1%) of the total contract
value in the form of account payee crossed demand draft drawn in favour of the
Owner, within 15 days from the date of intimation of acceptance of their tender, failing
which the Owner reserves the right to cancel the Contract and forfeit the EMD.
1% of PO/Contract value as Security deposit will be acceptable in the form of Demand
® draft or through e-payment upto r 50,000/- and in the form of Demand draft / Bank
guarantee or through e-payment beyond r 50,000/-.
5. EXECUTION OF WORK
All the works shall be executed in strict conformity with the provisions of the contract
documents and with such explanatory details, drawings, specifications and instructions as
may be furnished from time to time to the Contractor by the Engineer-in-Charge/ Site-
in-Charge, whether mentioned in the Contract or not. The Contractor shall be responsible
for ensuring that works throughout are executed in the most proper and workman- like
manner with the quality of material and workmanship in strict accordance with the
specifications and to the entire satisfaction of the Engineer-in- Charge/Site-in-Charge.
The completion of work may entail working in monsoon also. The contractor must
maintain the necessary work force as may be required during monsoon and plan to
execute the job in such a way the entire project is completed within the contracted time
schedule. No extra charges shall be payable for such work during monsoon. It shall
be the responsibility of the contractor to keep the construction work site free from water
during and off the monsoon period at his own cost and expenses.
For working on Sundays/Holidays, the contractor shall obtain the necessary permission
from Engineer Incharge/Site Incharge in advance. The contractor shall be permitted to
work beyond the normal hours with prior approval of Engineer-In-Charge/Site-In-Charge and
the contractors quoted rate is inclusive of all such extended hours of working and no extra
amount shall be payable by the owner on this account.
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5.a.2. The Contractor shall provide, fix and be responsible for the maintenance of all
necessary stakes, templates, level marks, profiles and other similar things and
shall take all necessary precautions to prevent their removal or disturbance and
shall be responsible for consequences of such removal or disturbance should
the same take place and for their efficient and timely reinstatement. The
Contractor shall also be responsible for the maintenance of all existing survey
marks, either existing or supplied and fixed by the Contractor. The work shall
be set out to the satisfaction of the Engineer-in-Charge/Site-in-Charge. The
approval thereof or joining in setting out the work shall not relieve the Contractor
of his responsibility.
5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all
necessary reference and level posts, pegs, bamboos, flags ranging rods, strings
and other materials for proper layout of the work in accordance with the
scheme, for bearing marks acceptable to the Engineer-in-Charge/Site-in-
Charge. The Centre longitudinal or face lines and cross lines shall be marked by
means of small masonary pillars. Each pillar shall have distinct marks at the
centre to enable theodolite to be set over it. No work shall be started until all
these points are checked and approved by the Engineer-in-Charge/Site-in-
Charge in writing. But such approval shall not relieve the contractor of any of
his responsibilities. The Contractor shall also provide all labour, materials and
other facilities, as necessary, for the proper checking of layout and inspection of
the points during construction.
5.a.4. Pillars bearing geodetic marks located at the sites of units of works under
construction should be protected and fenced by the Contractor.
5.a.5. On completion of works, the contractor shall submit the geodetic documents
according to which the work was carried out.
5.a.6. The Engineer-in-Charge/Site-in-Charge shall communicate or confirm his
instructions to the contractor in respect of the executions of work in a "work site
order book" maintained in the office having duplicate sheet and the authorised
representative of the contractor shall confirm receipt of such instructions by
signing the relevant entries in the book.
5.a.7. All instructions issued by the Engineer-in-Charge/Site-in-Charge shall be in writing.
The Contractor shall be liable to carry out the instructions without fail.
5.a.8. If the Contractor after receipt of written instruction from the Engineer-in-Charge/
Site-in-Charge requiring compliance within seven days fails to comply with such
drawings or 'instructions' or both as the Engineer-in-Charge/Site-in-Charge may
issue, owner may employ and pay other persons to execute any such work
whatsoever that may be necessary to give effect to such drawings or
`instructions' and all cost and expenses incurred in connection therewith as
certified by the Engineer-in-Charge/ Site-in-Charge shall be borne by the contractor
or may be deducted from amounts due or that may become due to the contractor
under the contract or may be recovered as a debt.
5.a.9. The Contractor shall be entirely and exclusively responsible for the horizontal
and vertical alignment, the levels and correctness of every part of the work and
shall rectify effectually any errors or imperfections therein. Such
rectifications shall be carried out by the Contractor, at his own cost.
5.a.10. In case any doubts arise in the mind of the Contractor in regard to any
expressions, interpretations, statements, calculations of quantities, supply of
material rates, etc. the contractor shall refer the same to the Site-in-Charge/
Engineer-in-Charge for his clarification, instructions, guidance or clearing of
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5.a.11."The Contractor shall take adequate precautions, to ensure that his operations
do not create nuisance or misuse of the work space that shall cause
unnecessary disturbance or inconvenience to others at the work site".
5.a.12. "All fossils, coins articles of value of antiquity and structure or other remains
of geological or archaeological discovered on the site of works shall be
declared to be the property of the Owner and Contractor shall take reasonable
precautions to prevent his workmen or any other persons from removing or
damaging any such articles or thing and shall immediately inform the Owner/
Engineer-in-Charge/Site-in-Charge."
The contractor shall after paying the requisite security deposit, commence work
within 15 days from the date of receipt of the intimation of intent from the Owner
informing that the contract is being awarded. The date of intimation shall be the
date/day for counting the starting day/date and the ending day/date will be accordingly
calculated. Penalty, if any, for the delay in execution shall be calculated accordingly.
A Letter of Intent is an acceptance of offer by the Owner and it need not be accepted by
the contractor. But the contractor should acknowledge a receipt of the purchase order
within 15 days of mailing of Purchase Order and any delay in acknowledging the receipt
will be a breach of contract and compensation for the loss caused by such breach will be
recovered by the Owner by forfeiting earnest money deposit/bid bond.
5.c.1. No part of the contract nor any share or interest thereof shall in any manner or
degree be transferred, assigned or sublet, by the Contractor, directly or
indirectly to any firm or corporation whatsoever, without the prior consent in
writing of the Owner.
5.c.2. At the commencement of every month the Contractor shall furnish to the Engineer-
in-charge/Site-in-Charge list of all sub-contractors or other persons or firms
engaged by the Contractor.
5.c.3 The contract agreement will specify major items of supply or services for which the
Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may
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from time to time propose any addition or deletion from any such list and will submit
the proposals in this regard to the Engineer-in-charge/Designated officer-in-
charge for approval well in advance so as not to impede the progress of work.
Such approval of the Engineer-in-charge/Designated officer-in-charge will not relieve
the contractor from any of his obligations, duties and responsibilities under the
contract.
5.c.4. Notwithstanding any sub-letting with such approval as resaid and notwithstanding
that the Engineer-in-Charge shall have received copies of any sub-contract, the
Contractor shall be and shall remain solely to be responsible for the quality and
proper and expeditious execution of the works and the performance of all the
conditions of the contract in all respects as if such subletting or sub-contracting had
not taken place and as if such work had been done directly by the
Contractor.
5.c.5 Prior approval in writing of the Owner shall be obtained before any change is made
in the constitution of the contractor/Contracting agency otherwise contract shall be
deemed to have been allotted in contravention of clause entitled “sub-letting of
works” and the same action may be taken and the same consequence shall ensue
as provided in the clause of “sub- letting of works”.
1) If the Contractor anticipates that he will not be able to complete the work
within the contractual delivery/ completion date (CDD), then the Contractor
shall make a request for grant of time extension clearly specifying the reasons
for which he seeks extension of time and demonstrating as to how these
reasons were beyond the control of the contractor or attributable to the Owner.
This request should be made well before the expiry of the Contractual Delivery/
Completion Date (CDD).
2) If such a request for extension is received with a Bank Guarantee for the full
Price Reduction amount calculated on the Total Contract Value, the concerned
CGM of the Owner shall grant a Provisional extension of time, pending a
decision on the request.
3) The concerned CGM of the Owner shall expeditiously decide upon the request
for time extension and decide the levy of price reduction within a maximum
period of 6 months fom the CDD or date of receipt of the request, whichever
is earlier.
5) In order to avoid any cash crunch to the Contractor, a Bank Guarantee could
be accepted against Price Reduction, as stated above. Once a decision is
taken, the Price Reduction shall be recovered from any pending bills or by
encashment of the BG. Any balance sum of Contractor or the BG (if Price
Reduction is fully recovered from the bills) shall be promptly
refunded/returned to the Contractor.
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5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in
writing by the Engineer- in-Charge/Site-in-Charge for reasons recorded suspend
the works or any part thereof for such period and such time so ordered and
shall not, after receiving such, proceed with the work therein ordered to suspended
until he shall have received a written order to re-start. The Contractor shall be
entitled to claim extension of time for that period of time the work was ordered to
be suspended. Neither the Owner nor the Contractor shall be entitled to claim
compensation or damages on account of such an extension of time.
5.e.3. The contractor shall, in case of suspension have the right to raise a dispute
and have the same arbitrated but however, shall not have the right to have the
work stopped from further progress and completion either by the owner or
through other contractor appointed by the owner.
Not withstanding anything contained elsewhere in this contract, the owner upon failure of
the Contractor to comply with any instructions given in accordance with the provisions
of this contract, may instead of Contract and undertaking charge of entire work,
place additional labour force, tools, equipment and materials on such parts of the work,
as the Owner may decide or engage another Contractor to carryout the balance of
work. In such cases, the Owner shall have the right to deduct from the amounts payable
to the Contractor the difference in cost of such work and materials with ten percent
overhead added to cover all departmental charges. Should the total amount thereof
exceed the amount due to the contractor, the Contractor shall pay the difference to the
Owner within 15 days of making demand for payment failing which the Contractor shall
be liable to pay interest at 24% p.a. on such amounts till the date of payment.
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measurement any work in order that the same may be inspected and
measured. In the event of breach of above, the same shall be uncovered at
Contractor's expense for carrying out such measurement and/or inspection.
5.g.2. No material shall be removed and despatched by the Contractor from the site
without the prior approval in writing of the Engineer-in-charge. The contractor is
to provide at all times during the progress of the work and the maintenance period
proper means of access with ladders, gangways, etc. and the necessary
attendance to move and adapt as directed for inspection or measurements of
the works by the Engineer-in-Charge/Site-in-Charge.
5.h. SAMPLES
5.i.1. All workmanship shall be of the respective kinds described in the contract
documents and in accordance with the instructions of the Engineer-in-Charge /
Site-in- Charge and shall be subjected from time to time to such tests at
Contractor's cost as the Engineer-in-Charge/Site-in-Charge may direct at the
place of manufacture or fabrication or on the site or at all or any such places.
The Contractor shall provide assistance, instruments, labour and materials as are
normally required for examining, measuring and testing any workmanship as may
be selected and required by the Engineer-in-Charge/Site-in-Charge.
5.i.2. All the tests that will be necessary in connection with the execution of the work
as decided by the Engineer-in- charge/Site-in-Charge shall be carried out at the
contractors cost and expenses.
5.i.3. If any tests are required to be carried out in connection with the work or
materials or workmanship to be supplied by the owner, such tests shall be carried
out by the Contractor as per instructions of Engineer-in-Charge/Site-in-Charge and
expenses for such tests, if any, incurred by the contractor shall be reimbursed
by the Owner. The contractor should file his claim with the owner within 15
(fifteen) days of inspection/test and any claim made beyond that period shall
lapse and be not payable.
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In other words, in case of service contracts (like car hire etc.) where there is no
question of damage or defect arising in future, the defect liability clause is not
applicable.
5.o.1. Contractor shall be responsible for making good to the satisfaction of the Owner
any loss of and any damage to all structures and properties belonging to the Owner
or being executed or procured by the Owner or of other agencies within the
premises of the work of the Owner, if such loss or damage is due to fault and/or
the negligence or willful acts or omission of the Contractor, his employees,
agents, representatives or sub-contractors.
5.o.2. The Contractors shall indemnify and keep the Owner harmless of all claims for
damage to Owner's property arising under or by reason of this contract.
6.a.1 The Contractor shall be solely and exclusively responsible for engaging or
employing persons for the execution of work. All persons engaged by the
contractor shall be on Contractor's payroll and paid by Contractor. All disputes or
differences between the Contractor and his/their employees shall be settled by
Contractor.
6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the
Contractor. The Contractor shall indemnify Owner against any loss or damage or
liability arising out of or in the course of his/their employing persons or relation
with his/their employees. The Contractor shall make regular and full payment of
wages and on any complaint by any employee of the Contractor or his sub
contractor regarding non-payment of wages, salaries or other dues, Owner
reserves the right to make payments directly to such employees or sub-
contractor of the Contractor and recover the amount in full from the bills of the
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The contractor shall comply with and give all notices required under any Government
authority, instruction, rule or order made under any act of parliament, state laws or
any regulations or by-laws of any local authority relating to the works.
6.c.1 Contractor shall maintain first aid facility for his employees and those of his
sub-contractors.
6.c.2. Contractor shall make arrangements for ambulance service and for the
treatment of all types of injuries. Names and telephone numbers of those
providing such services shall be furnished to Owner prior to start of
construction and their name board shall be prominently displayed in Contractor's
field office.
6.c.3. All industrial injuries shall be reported promptly to owner and a copy of
contractor's report covering each personal injury requiring the attention of a
physician shall be furnished to the Owner.
6.d.1. The Contractor shall at his own expenses arrange for the Safety provisions
as may be necessary for the execution of the work or as required by the
Engineer-in-Charge in respect of all labours directly or indirectly employed for
performance of the works and shall provide all facilities in connections
therewith. In case the contractor fails to make arrangements and provide
necessary facilities as aforesaid, the Owner shall be entitled to do so and
recover the cost thereof from the Contractor.
6.d.2. From the commencement to the completion of the works, the contractor shall
take full responsibility for the care thereof and of all the temporary works (defined
as meaning all temporary works of every kind required in or for the execution,
completion or maintenance of the works). In case damage, loss or injury shall
happen to the works or to any part thereof or to temporary works or to any
cause whatsoever repair at his (Contractor's) own cost and make good the
same so that at the time of completion, the works shall be in good order and
condition and in conformity in every respect with the requirement of the contract
and Engineer-in-Charge's instructions.
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6.d.3. In respect of all labour, directly or indirectly employed in the work for the
performance of the Contractor's part of this agreement, the contractor shall
at his own expense arrange for all the safety provisions as per relevant Safety
Codes of C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Rules.
The Mines Act and such other Acts as applicable.
6.d.4. The Contractor shall observe and abide by all fire and safety regulations of
the Owner. Before starting construction work, the Contractor shall consult
with Owner's Safety Engineer or Engineer-in-Charge/Site-in-Charge and must
make good to the satisfaction of the Owner any loss or damage due to fire to
any portion of the work done or to be done under this agreement or to any of
the Owner's existing property.
6.d.5. The Contractor will be fully responsible for complying with all relevant provisions
of the Contract Labour Act and shall pay rates of Wages and observe hours
of work/conditions of employment according to the rules in force from time to
time.
6.d.6. The Contractor will be fully responsible for complying with the provision
including documentation and submission of reports on the above to the
concerned authorities and shall indemnify the Corporation from any such
lapse for which the Government will be taking action against them.
6.d.7. Owner shall on a report having been made by an inspecting Office as
defined in the Contract Labour Regulations have the power to deduct from the
money due to the Contractor any sum required or estimated to be required for
making good the loss suffered by a worker(s) by reasons of non-fulfillment of
conditions of contract for the benefit of workers no-payment of wages or of
deductions made from his or their wages which are not justified by the terms of
contract or non observance of the said contractor's labour Regulation.
i. The Contractor agrees to and does hereby accept full and exclusive
liability for the compliance with all obligations imposed by Employees State
Insurance Act, 1948, and the Contractor further agrees to defend
indemnify and hold Owner harmless from any liability or penalty which may
be imposed by the Central, State or local authority by reason of any
asserted violation by Contractor, or sub-contractor of the Employees' State
Insurance Act, 1948 and also from all claims, suits or proceedings that
may be brought against the Owner arising under, growing out of or by
reason of the work provided for by this contract whether brought by
employees of the Contractor, by third parties or by Central or State
Government authority or any political sub-division thereof.
ii. The Contractor agrees to file with the Employees State Insurance
Corporation, the Declaration forms and all forms which may be required
in respect of the Contractor's or sub-contractor's employee whose
aggregate emuneration is within the specified limit and who are employed
in the work provided or those covered by ESI Act under any amendment to
the Act from time to time.
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The Contractor shall deduct and secure the agreement of the sub-
contractor to deduct the employee's contribution as per the first schedule of
the Employee's State Insurance Act from wages and affix the employee's
contribution cards at wages payment intervals. The Contractor shall remit
and secure the agreement of the sub contractor to remit to the State Bank
of India, Employee's State Insurance Corporation Account, the Employee's
contribution as required by the Act.
ii. The Contractor agrees to maintain all records as required under the Act
in respect of employees and payments and the Contractor shall secure the
agreement of the sub contractor to maintain such records. Any expenses
incurred for the contributions, making contribution or maintaining records
shall be to the Contractor's or sub-contractor's account.
iv. The Owner shall retain such sum as may be necessary from the total
contract value until the Contractor shall furnish satisfactory proof that all
contributions as required by the Employees State Insurance Act, 1948, have
been paid.
Contractor shall take out an Insurance to cover all risks to Owner for each
of his vehicles plying on works of this contract and these insurances shall
be valid for the total contract period. No extra payment will be made for this
insurance. Owner shall not be liable for any damage or loss not made good
by the Insurance Company, should such damage or loss result from
unauthorised use of the vehicle. The provisions of the Motor Vehicle Act
would apply.
Contractor shall within two weeks after award of contract insure the
Works, Plant and Equipment and keep them insured until the final
completion of the Contract against loss or damage by accident, fire or any
other cause with an insurance company to be approved by the
Employer/Consultant in the joint names of the Employer and the Contractor
(name of the former being placed first in the Policy). Such Policy shall
cover the property of the Employer only.
i. Contractor shall also provide and maintain any and all other insurance which
may be required under any law or regulations from time to time. He shall
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also carry and maintain any other insurance which may be required by the
Owner.
ii. The aforesaid insurance policy/policies shall provide that they shall not be
cancelled till the Engineer-in-Charge has agreed to their cancellation.
iv. The contractor shall ensure that similar insurance policies are taken out
by his sub-contractor (if any) and shall be responsible for any claims or
losses to the Owner resulting from their failure to obtain adequate
insurance protections in connection thereof. The contractor shall produce or
cause to be proceed by his sub-contractor (if any) as the case may be, the
relevant policy or policies and premium receipts as and when required by the
Engineer-in-Charge/Site-in-Charge.
® v. Contractor shall at his own expense cover all the workmen engaged
under him under “Pradhan Mantri Surksha Bima Yojana (PMSBY)” and
submit proof of the same to HPCL.
i. The contractor shall at his own cost employ persons during the period of
contract and the persons so appointed shall not be construed under
any circumstances to be in the employment of the Owner.
ii. All payments shall be made by the contractor to the labour employed by
him in accordance with the various rules and regulations stated above.
The contractor shall keep the Owner indemnified from any claims
whatsoever inclusive of damages/costs or otherwise arising from injuries
or alleged injuries to or death of a person employed by the contractor or
damages or alleged damages to the property.
iii. No labour below the age of eighteen years shall be employed on the
work. The Contractor shall not pay less than what is provided under the
provisions of the contract labour (Regulations and Abolition) Act, 1970 and
the rules made thereunder and as may be amended from time to time. He
shall pay the required deposit under the Act appropriate to the number of
workman to be employed by him or through sub contractor and get himself
registered under the Act. He shall produce the required Certificates to the
Owner before commencement of the work. The Owner recognises only the
Contractor and not his sub contractor under the provisions of the Act. The
Contractor will have to submit daily a list of his workforce. He will also keep
the wage register at the work site or/and produce the same to the Owner,
whenever desired. A deposit may be taken by the Owner from the
Contractor to be refunded only after the Owner is satisfied that all
workmen employed by the Contractor have been fully paid for the period of
work in Owner's premises at rates equal to or better than wages provided
for under the Minimum Wages Act. The contractor shall be responsible and
liable for any complaints that may arise in this regard and the
consequences thereto.
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iv. The Contractor will comply with the provisions of the Employee's Provident
Fund Act and the Family Pension Act as may be applicable and as
amended from time to time.
v. The Contractor will comply with the provisions of the payment of Gratuity
Act, 1972, as may be applicable and as amended from time to time.
The Contractor shall at his own expenses comply with or cause be complied
with Model rules for Labour Welfare as appended to those conditions or rules
framed by the Government from time to time for the protection of health
and for making sanitary arrangements for worker employed directly or
indirectly on the works. In case the contractor fails to make arrangements as
aforesaid the Engineer-in-Charge/Site-in-Charge shall be entitled to do so
and recover the cost thereof from the contractor.
6.f.1. All documents including drawings, blue prints, tracings, reproducible models,
plans, specifications and copies, thereof furnished by the Owner as well as all
drawings, tracings, reproducibles, plans, specifications design calculations
etc. prepared by the contractor for the purpose of execution of works
covered in or connected with this contract shall be the property of the Owner and
shall not be used by the contractor for any other work but are to be delivered
to the Owner at the completion or otherwise of the contract.
6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings
etc. issued to him for the execution of this contract and restrict access to such
documents, drawings etc. and further the Contractor shall execute a SECRECY
agreement from each or any person employed by the Contractor having access
to such documents, drawings etc. The Contractor shall not issue drawings and
documents to any other agency or individual without the written approval by
the Engineer-in-Charge/Site-in- Charge.
6.f.3. Contractor will not give any information or document etc. concerning details of
the work to the press or a news disseminating agency without prior written
approval from Engineer-in-charge/Site-in-Charge. Contractor shall not take
any pictures on site without written approval of Engineer-in-Charge/Site-in-
Charge.
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7.2. Running Account Bills and the final bill shall be submitted by the Contractor together
with the duly signed measurements sheet(s) to the Engineer-in-Charge/ Site-in-
Charge of the Owner in quadruplicate for certification.
7.3. All running account payments shall be regarded as on account payment(s) to be finally
adjusted against the final bill payment. Payment of Running Account Bill(s) shall not
determine or affect in any way the rights of the Owner under this Contract to make
the final adjustments of the quantities of material, measurements of work and
adjustments of amounts etc. in the final bill.
7.4. The final bill shall be submitted by the Contractor within one month of the date of
completion of the work fully and completely in all respects. If the Contractor fails to
submit the final bill accordingly Engineer-in-Charge/Site-in-Charge may make the
measurement and determine the total amount payable for the work carried out by the
Contractor and such a certification shall be final and binding on the Contractor.
The Owner/Engineer- in-Charge/Site-in-Charge may take the assistance of an outside
party for taking the measurement, the expenses of which shall be payable by the
Contractor.
7.5. Payment of final bill shall be made within 30 days from the date of receipt of the certified
bill by the Disbursement Section of the owner.
7.6 Wherever possible, payment shall be tendered to the contractor in electronic mode
(e-payment) through any of the designated banks. The contractor will comply by
furnishing full particulars of Bank acount (mandate) to which the payments will be
routed. Owner reserves the right to make payment in any alternate mode also.
10% of the total value of the Running Account and Final Bill will be deducted and retained
by the Owner as retention money on account of any damage/defect liability that
may arise for the period covered under the defect liability period clause of the Contract
free of interest. Any damage or defect that may arise or lie undiscovered at the time of
issue of completion certificate connected in any way with the equipment or materials
supplied by contractor or in workmanship shall be rectified or replaced by the contractor
at his own expense failing which the Owner shall be entitled to rectify the said
damage/defect from the retention money. Any excess of expenditure incurred by the
Owner on account of damage or defect shall be payable by the Contractor. The decision
of the Owner in this behalf shall not be liable to be questioned but shall be final and
binding on the Contractor.
Thus, deduction towards retention money is applicable only in case of job/works contracts
(civil, mechanical, electrical, maintenance etc.) where any damage or defect may arise
in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at
the time of issue of completion certificate.
7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all
taxes, duties, cess, levies and statutory payments payable under all or any of
the statutes etc.
Variations of taxes and duties arising out of the amendments to the Central / State
enactments, in respect of sale of goods / services covered under this bid shall be to
HPCL’s account, so long as :
They relate to the period after the opening of the price bid, but before the
contracted completion period ( excluding permitted extensions due to delay on
account of the contractors, if any) or the actual completion period, whichever is
earlier; and
The vendor furnishes documentary evidence of incurrence of such variations, in
addition to the invoices/documents for claiming Cenvat /Input Tax credit,
wherever applicable.
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All contributions and taxes for unemployment compensation, insurance and old
age pensions or annuities now or hereafter imposed by Central or State
Governmental authorities which are imposed with respect to or covered by
the wages, salaries or other compensations paid to the persons employed by the
Contractor and the Contractor shall be responsible for the compliance with all
obligations and restrictions imposed by the Labour Law or any other law affecting
employer-employee relationship and the Contractor further agrees to comply and
to secure the compliance of all sub-contractors with all applicable Central,
State, Municipal and local laws, and regulations and requirements of any
Central, State or Local Government agency or authority.
Contractor further agrees to defend, indemnify and hold harmless from any
liability or penalty which may be imposed by the Central, State or Local
authorities by reason of any violation by Contractor or sub-contractor of such
laws, regulations or requirements and also from all claims, suits or proceedings
that may be brought against the Owner arising under, growing out of, or by
reasons of the work provided for by this contract by third parties, or by Central
or State Government authority or any administrative sub-division thereof. The
Contractor further agrees that in case any such demand is raised against the
Owner, and Owner has no way but to pay and pays/makes payment of the same,
the Owner shall have the right to deduct the same from the amounts due and
payable to the Contractor. The Contractor shall not raise any demand or
dispute in respect of the same but may have recourse to recover/receive
from the concerned authorities on the basis of the Certificate of the Owner issued
in that behalf.
7.d.2. The rates quoted should be inclusive of all taxes. However, wherever a
tax to be deducted at source the same will be deducted from the bills of
the Contractor and paid to the concerned authorities. The proof of such
payments of tax on works contract will be furnished to the contractor.
The vendor shall comply with all the provisions of the GST
Act/Rules/requirements like providing of tax invoices, payment of taxes to the
authorities within the due dates, filing of returns within the due dates etc. to
enable HPCL to take Input Tax Credit. In case of imports, vendor shall
provide import documents and invoice fulfilling the requirement of Customs
Act and Rules. Vendor will be fully responsible for complying with the
Customs provisions to enable HPCL to take Input Tax Credit.
In case, HPCL is not able to take Input Tax Credit due to any
noncompliance/default/negligence of the seller of goods/service provider, the
same shall be recovered from the pending bills/dues (including security
deposit, BG etc.)
Vendor shall be responsible to indemnify the Corporation for any loss, direct
or implied accrued to the Corporation on account of supplier/service provider
failure to discharge his statutory liabilities like paying taxes on time, filing
appropriate returns within the prescribed time etc.
7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless
certificate, if any, for deduction at lesser rate or nil deduction is submitted by the
Contractor from appropriate authority.
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7.d.4 The contractor shall provide accurate particulars of PAN number as required, under
Section 206AA of Income Tax Act 1961.
7.d.5 The contractors having their ‘tax residency status’ outside India shall provide
Tax Residency Certificate (TRC), issued by Government of the Country or the
specified territory where the Contractor is a Resident. Rule 21AB of the
Income Tax Rules, 1962 has prescribed the contents of a TRC. This would
enable the Corporation to deduct tax at source by duly considering the ‘treaty
relief’, if any, under Double Taxation Avoidance Agreement (DTAA) entered
into between GOI and the respective country/specified territory in which the
Contractors’ ‘tax residency status’ is currently in force.
7.e.2. The Owner may give necessary recommendation to the respective authority if
so desired by the Contractor but assumes no responsibility of any nature.
The Contractor shall procure materials of ISI stamp/certification and
supplied by reputed suppliers borne on DGS&D list.
7.e.3. All materials procured should meet the specifications given in the tender
document. The Engineer-in-charge may, at his discretion, ask for samples and
test certificates for any batch of any materials procured. Before procuring, the
Contractor should get the approval of Engineer-in-Charge/Site-in-Charge for
any materials to be used for the works.
7.e.4. Manufacturer's certificate shall be submitted for all materials supplied by the
Contractor. If, however, in the opinion of the Engineer-in-Charge/Site-in-Charge
any tests are required to be conducted on the material supplied by the
Contractor, these will be arranged by the Contractor promptly at his own cost.
7.f.1. Steel and Cement maybe supplied by the Owner to the contractor against
payment by Contractor from either godown or from the site or within work
premises itself and the contractor shall arrange for all transport to actual work
site at no extra cost.
7.f.2. The contractor shall bear all the costs including loading and unloading, carting
from issue points to work spot storage, unloading, custody and handling and
stacking the same and return the surplus steel and cement to the Owner's
storage point after completion of job.
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7.f.3. The contractor will be fully accountable for the steel and cement received from the
Owner and contractor will give acknowledgement/receipt for quantity of steel and
cement received by him each time he uplifts cement from Owner's custody.
7.f.4. For all computation purposes, the theoretical cement consumption shall be
considered as per CPWD standards.
7.f.6. The contractor will be required to maintain a stock register for receipt, issuance
and consumption of steel and cement at site. Cement will be stored in a
warehouse at site. Requirement of cement on any day will be taken out of the
warehouse. Cement issued shall be regulated on the basis of FIRST RECEIPT
to go as FIRST ISSUE.
7.f.7. Empty cement bag shall be the property of the Contractor. Contractor shall
be penalised for any excess/under consumption of cement. The penal rate
will be twice the rate of issue of cement for this work.
7.f.8. All the running bills as well as the final bills will be accompanied by cement
consumption statements giving the detailed working of the cement used,
cement received and stock-on-hand.
7.f.9. The Contractor will be fully responsible for safe custody of cement once it is
received by him and during transport. Owner will not entertain any claims of the
contractor for theft, loss or damage to cement while in their custody.
7.f.10. The contractor shall not remove from the site any cement bags at any time.
7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles,
precast cement jali and any other bought out items which consume cement and
for temporary works.
7.f.13. Cement in bags and in good usable condition left over after the completion of
work shall be returned by the contractor to the Owner. The Owner shall make
payment to the Contractor at the supply rate for such stocks of cement they
accept and receive. Any refused stock of cement shall be removed by the
Contractor from the site at his cost and expenses within 15 days of completion of
the work.
8.1. Should the Owner have to pay money in respect of claims or demands as aforesaid the
amount so paid and the costs incurred by the Owner shall be charged to and paid by
the Contractor and the Contractor shall not be entitled to dispute or question the right of
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the Owner to make such payments notwithstanding the same may have been without
his consent or authority or in law or otherwise to the contrary.
8.2. In every case in which by virtue of the provisions of Workmen's Compensation Act,
1923, or other Acts, the Owner is obliged to pay Compensation to a Workman
employed by the Contractor in execution of the works, the Owner will recover from the
Contractor the amount of compensation so paid and without prejudice to the rights
of Owner under the said Act. Owner shall be at liberty to recover such amount or any
part thereof by deducting it from the security deposit or from any sum due to the
Contractor whether under this contract or otherwise. The Owner shall not be
bound to contest any claim made under Section 12 sub section (1) of the said Act,
except on the written request of the Contractor and upon his giving to the Owner full
security for all costs for which the owner might become liable in consequence of
contesting such claim.
The Contractor shall indemnify the Owner and every member, officer and employee
of the Owner, also the Engineer-in-Charge/Site-in-Charge and his staff against all the
actions, proceedings, claims, demands, costs, expenses, whatsoever arising out of or in
connection with the works and all actions, proceedings, claims, demands, costs,
expenses which may be made against the Owner for or in respect of or arising out of
any failure by the Contractor in the performance of his obligations under the contract.
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i) In case of any delay in completion of the work beyond the CDD, the Owner
shall be entitled to be paid Price Reduction by the Contractor. The price
reductionshall be initially at the rate of 0.5% (half percent) of the total contract
value for every week of the delay subject to a maximum of 5% of the total
contract value. The price reductionshall be recovered by the Owner out of
the amounts payable to the Contractor or from any Bank Guarantees or
Deposits furnished by the Contractor or the Retention Money retained from the
Bills of the Contractor, either under this contract or any other contract.
iii) Once a final decision is taken on the request of the Contractor or otherwise, the
price reduction shall be applicable only on the basic cost of the contract and on
each full completed week(s) of delay (and for part of the week, a pro-rata price
reduction amount shall be applicable).
iv) This final calculation of price reduction shall be only on the value of the
unexecuted portion/quantity of work as on the CDD.
v) Contractor agrees with the Owner, that the above represents a genuine pre-
estimate of the damages which the Owner will suffer on account of delay in the
performance of the work by Contractor. The Contractor further agrees that the
price reduction amount is over and above any right which owner has to risk
purchase under Clause 12.4 and any right to get the defects in the work rectified
at the cost of the contractor.
The Contractor shall remain responsible and liable to make good all losses or damages
that may occur/appear to the work carried out under this Contract within a period of 12
months from date of issue of the Completion Certificate and/or the date of Owner
taking over the work, whichever is earlier. The Contractor shall issue a Bank Guarantee
to the Owner in the sum of 10% of the work entrusted in the Contract, from any
Scheduled Bank (other than a Co-Operative Bank) acceptable to the Owner and if
however, the Contractor fails to furnish such a Bank Guarantee the Owner shall have
right to retain the Security Deposit and Retention Money to cover the 10% of the
Guarantee amount under this clause and to return/refund the same after the expiry of the
period of 12 months without any interest thereon. (Please refer to clause 4. Deposits)
12.1 The owner may terminate the contract at any stage of the construction for reasons to
be recorded in the letter of termination.
12.2 The Owner inter alia may terminate the Contract for any or all of the following reasons
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b) has failed to commence the works, or has without any lawful excuse under these
conditions suspended the work for 15 consecutive days.
c) has failed to remove materials from the site or to pull down and replace the work
within 15 days after receiving from the Engineer written notice that the said
materials or work were condemned and/or rejected by the Engineer under specified
conditions.
d) has neglected or failed to observe and perform all or any of the terms acts, matters
or things under this Contract to be observed and performed by the Contractor.
f) has acted in any manner to the detrimental interest, reputation, dignity, name or
prestige of the Owner.
g) has stopped attending to work without any prior notice and prior permission for a
period of 15 days.
i) has without authority acted in violation of the terms and conditions of this contract
and has committed breach of terms of the contract in best judgement of the owner.
12.3 The owner on termination of such contract shall have the right to appropriate the
Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the
contractor and to appropriate the same towards the amounts due and payable by the
contractor as per the conditions of Contract and return to the contractor excess
money, if any, left over.
12.4 In case of Termination of the contract, Owner shall have the right to carry out the
unexecuted portion of the work either by themselves or through any other
contractor(s) at the risk and cost of the Contractor. In view of paucity of time,
Owner shall have the right to place such unexecuted portion of the work on any
nominated contractor(s). However, the overall liability of the Contractor shall be
restricted to 100 % of the total contract value.
12.5 The contractor within or at the time fixed by the Owner shall depute his authorised
representative for taking joint final measurements of the works executed thus far and
submit the final bill for the work as per joint final measurement within 15 days of the
date of joint final measurement. If the contractor fails to depute their representative
for joint measurement, the owner shall take the measurement with their Engineer-in-
Charge/Site-in-Charge or any other outside representatives. Such a
measurement shall not be questioned by the Contractor and no dispute can be
raised by the Contractor for purpose of Arbitration.
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12.6 The Owner may enter upon and take possession of the works and all plant, tools,
scaffoldings, sheds, machinery, power operated tools and steel, cement and other
materials of the Contract at the site or around the site and use or employ the same for
completion of the work or employ any other contractor or other person or persons to
complete the works. The Contractor shall not in any way object or interrupt or do
any act, matter or thing to prevent or hinder such actions, other Contractor or
other persons employed for completing and finishing or using the materials and
plant for the works. When the works shall be completed or as soon thereafter the
Engineer shall give a notice in writing to the Contractor to remove surplus
materials and plant, if any, and belonging to the Contractor except as provided
elsewhere in the Contract and should the Contractor fail to do so within a period of 15
days after receipt thereof the Owner may sell the same by public auction and shall
give credit to the contractor for the amount realised. The Owner shall thereafter
ascertain and certify in writing under his hand what (if anything) shall be due or
payable to or by the Owner for the value of the plant and materials so taken
possession and the expense or loss which the Owner shall have been put to in
procuring the works, to be so completed, and the amount if any, owing to the
Contractor and the amount which shall be so certified shall thereupon be paid by the
Owner to the Contractor or by the Contractor to the Owner, as the case may, and the
Certificate of the Owner shall be final and conclusive between the parties.
12.7 When the contract is terminated by the Owner for all or any of the reasons mentioned
above the Contractor shall not have any right to claim compensation on account of
such termination.
(b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection of military or usurped power;
(c) ionising radiation or contamination, radio activity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel, radioactive toxic
explosive or other hazardous properties of any explosive assembly or nuclear
component;
For the avoidance of doubt, inclement weather, third party breach, delay in supply
of materials (other than due to a nationwide transporters’ strike) or commercial
hardship shall not constitute a Force Majeure event.
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Contractor shall notify within [10(ten)] days of becoming aware of or the date it
ought to have become aware of the occurrence of an event of Force Majeure giving
full particulars of the event of Force Majeure and the reasons for the event of Force
Majeure preventing the Affected Party from, or delaying the Affected Party in
performing its obligations under the Contract.
If an event of Force Majeure occurs and its effect continues for a period of 180
(one hundred eighty days) or more in a continuous period of 365 (three hundred
sixty-five) days after notice has been given under this clause, either Party may
terminate the Contract by issuing a written notice of 30 (thirty) days to the other
Party.
The Contract Price attributable to the Works performed as at the date of the
commencement of the relevant event of Force Majeure.
a) any costs, losses, expenses, damages or the payment of any part of the Contract
Price during an event of Force Majeure; and
b) any delay costs in any way incurred by the Contractor due to an event of Force
Majeure.
Time extension for such cases will be worked out appropriately.
14. ARBITRATION
14.1 All disputes and differences of whatsoever nature, whether existing or which shall at any
time arise between the parties hereto touching or concerning the agreement, meaning,
operation or effect thereof or to the rights and liabilities of the parties or arising out of or in
relation thereto whether during or after completion of the contract or whether before after
determination, foreclosure, termination or breach of the agreement (other than those in
respect of which the decision of any person is, by the contract, expressed to be final and
binding) shall, after written notice by either party to the agreement to the other of them
and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the
Sole Arbitrator to be appointed as hereinafter provided.
14.2 The appointing authority shall either himself act as the Sole Arbitrator or nominate some
officer/retired officer of Hindustan Petroleum Corporation Limited (referred to as owner or
HPCL) or a retired officer of any other Government Company in the Oil Sector of the rank
of Ch. Manager & above or any retired officer of the Central Government not below the
rank of a Director, to act as the Sole Arbitrator to adjudicate the disputes and differences
between the parties. The contractor/vendor shall not be entitled to raise any objection to
the appointment of such person as the Sole Arbitrator on the ground that the said person
is/was an officer and/or shareholder of the owner, another Govt. Company or the
Central Government or that he/she has to deal or had dealt with the matter to which the
contract
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® REVISION: PROC-021/01.07.2017
relates or that in the course of his/her duties, he/she has/had expressed views on all
or any of the matters in dispute or difference.
14.3 In the event of the Arbitrator to whom the matter is referred to, does not accept the
appointment, or is unable or unwilling to act or resigns or vacates his office for any
reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person
as aforesaid, to act as the Sole Arbitrator.
14.4 Such another person nominated as the Sole Arbitrator shall be entitled to proceed with
the arbitration from the stage at which it was left by his predecessor. It is expressly
agreed between the parties that no person other than the Appointing Authority or a
person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator.
The failure on the part of the Appointing Authority to make an appointment on time shall
only give rise to a right to a Contractor to get such an appointment made and not to
have any other person appointed as the Sole Arbitrator.
14.5 The Award of the Sole Arbitrator shall be final and binding on the parties to the
Agreemen
t.
14.6 The work under the Contract shall, however, continue during the Arbitration
proceedings and no payment due or payable to the concerned party shall be withheld
(except to the extent disputed) on account of initiation, commencement or pendency of
such proceedings.
14.7 The Arbitrator may give a composite or separate Award(s) in respect of each dispute
or difference referred to him and may also make interim award(s) if necessary.
14.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by
the parties unless the Sole Arbitrator otherwise directs in his award with reasons. The
lumpsum fees of the Arbitrator shall be R 40,000/- per case for transportation
contracts and R 60,000/- for engineering contracts and if the sole Arbitrator
completes the arbitration including his award within 5 months of accepting his
appointment, he shall be paid R 10,000/- additionally as bonus. Reasonable actual
expenses for stenographer, etc. will be reimbursed. Fees shall be paid stage wise i.e.
25% on acceptance, 25% on completion of pleadings/documentation, 25% on
completion of arguments and balance on receipt of award by the parties
14.9 Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996
or any statutory modification or re-enactment thereof and the rules made thereunder,
shall apply to the Arbitration proceedings under this Clause.
14.10 The Contract shall be governed by and constructed according to the laws in force in
India. The parties hereby submit to the exclusive jurisdiction of the Courts situated
at “location given in tender header” (say Mumbai*) for all purposes. The Arbitration
shall be held at “location mentioned for such purpose in Tender header” (say Mumbai*)
and conducted in English language.
14.11 The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation
Limited.
(Note:- * = While printing the GTCs, each Procurement Authorities at various location,
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may mention the correct place before printing the GTC and not leave Clause 14.10 blank
or as stated above. Bracketed portion is to be removed.
15. GENERAL
15.1. Materials required for the works whether brought by the or supplied by the Owner
shall be stored by the contractor only at places approved by Engineer-in-
Charge/Site-in-Charge. Storage and safe custody of the material shall be the
responsibility of the Contractor.
15.3. In case of any class of work for which there is no such specification supplied by the
owner as is mentioned in the tender documents, such work shall be carried out in
accordance with Indian Standard Specifications and if the Indian Standard
Specifications do not cover the same the work should be carried out as per standard
Engineering practice subject to the approval of the Engineer-in-Charge/Site-in-
Charge.
15.4. Should the work be suspended by reason of rain, strike, lockouts or other cause the
contractor shall take all precautions necessary for the protection of the work
and at his own expense shall make good any damages arising from any of these
causes.
15.5 The contractor shall cover up and protect from injury from any cause all new work
also for supplying all temporary doors, protection to windows and any other
requisite protection for the whole of the works executed whether by himself or
special tradesmen or sub- contractors and any damage caused must be made
good by the contractors at his own expense.
15.6 If the contractor has quoted the items under the deemed exports, then it will be the
responsibility of the contractor to get all the benefits under deemed exports from the
Government. The Owner’s responsibility shall only be limited to the issuance of
required certificates. The quotation will be unconditional and phrases like “subject to
availability of deemed exports benefit” etc. will not find place in it.
16. Integrity Pact : Effective 1st September, 2007, all tenders and contracts shall comply with
the requirements of the Integrity Pact (IP) if the value of such tenders or contracts is ` 1
crore & above. Failure to sign the Integrity Pact shall lead to outright rejection of bid.
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® 18. The guidelines for Holiday Listing as adopted and available on HPCL website
shall be applicable to all tenders floated and all Purchase Orders/Contracts
placed by HPCL.
® REVISION : PROC-019/02.11.2016
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(Address as applicable)
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pending before any court, tribunal or arbitrator relating thereto, our liability under this
guarantee being absolute and unconditional.
5. We, Bank, further agree that the guarantee herein contained shall
remain in full force and continue to have full effect so long as the said amount
remains unadjusted.
9. This guarantee shall not be determined or affected by the liquidation or winding up,
dissolution or change of constitution or insolvency of "the Supplier/Contractor", but shall
in all respects and/for all purposes be binding and operative on "the Bank" until payment
of all moneys payable by "the Supplier/Contractor" in terms thereof.
10. "The Bank" has power to issue this guarantor in favour of "the Corporation" in terms of
the documents and/or the agreement/contract or MOU entered into between "the
Supplier/Contractor" and "the Bank" in this regard.
(FOR BANK)
(by its constituted attorney)
(signature of a person authorized
to sign on behalf of "the Bank")
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To,
Hindustan Petroleum Corporation Ltd.,
(Address as applicable)
2. We, Bank further agree that "the Corporation" shall be sole judge
whether the said "Supplier" has committed breach of any of the terms and conditions of
"the Order" and the extent of loss, damage, cost charges and expenses suffered or
incurred or would be suffered or incurred by "the Corporation" on account thereof and
we waive in favour of "the Corporation" all the rights and defences to which we as
guarantors and/or "the Supplier" may be entitled to.
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6. We, Bank further undertake not to revoke this guarantee during its
currency except with the previous consent of "the Corporation" in writing.
7. We, Bank lastly agree that "the Bank" liability under this
guarantee shall not be affected by any change in the constitution of "the Supplier".
(FOR BANK)
(by its constituted attorney)
(signature of a person authorized
to sign on behalf of "the Bank")
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To,
Government of India Company registered under the Companies Act, 1956, having its
registered office at 17, Jamshedji Tata Road, Bombay - 400 020 (hereinafter called "the
Corporation" which expression shall include its successors and assigns) having awarded to
M/s a partnership firm/sole
proprietor business/a company registered under the Companies Act, 1956 having its
office at (hereinafter referred to as "the Supplier"
which expression shall wherever the subject or context so permits includes its successors and
assigns) a supply contract in terms inter alia, of "the Corporation's" Order
No. dated and the General procurement conditions of
"the Corporation" and upon the condition of "supplier's" furnishing security for the
performance of "the Supplier's" obligations and/or discharge of "the supplier's" liability under
and/or in connection with the said supply contract upto a sum of `
(Rupees_ ) amounting to 10% (ten percent) of the
total contract value.
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Supplier's obligation/liabilities under and/or connection with the said supply contract,
and "the Corporation" shall have full authority to take recourse to or enforce this security
in preference to the other security(ies) at its sole discretion and no failure on the part of
"the Corporation" to enforcing or requiring enforcement to any other security shall have
the effect of releasing "the Bank" from its full liability hereunder.
3. "The Corporation" shall be at liberty without reference to "the Bank" and without affecting
the full liability of "the Bank" hereunder to take any other security in respect of "the
Supplier's" obligation and/or liabilities under or in connection with the said supply contract
and to vary the term vis-a-vis "the supplier" of the said supply contract or to grant time
and/or indulgence to "the Supplier" or to reduce or to increase or otherwise vary the prices
of the total contract value or to release or to forebear from enforcement of all or any of
the obligations of "the supplier" under the said supply contract and/or the remedies of "the
Corporation" under any other security(ies) now or hereafter held by "the Corporation" and
no such dealing(s), variation(s) or other indulgence(s) or agreement(s) with "the supplier"
or release of forbearance whatsoever shall have the effect of releasing "the Bank" from
its full
liability to "the Corporation" hereunder or of prejudicing rights of "the Corporation" against
"the Bank".
5. "The Bank" hereby waives all rights at any time inconsistent with the terms of this
Guarantee/Undertaking and the obligations of "the Bank" in terms hereof shall not be
anywise affected or suspended by reason of any dispute having been raised by "the
suppliers" (whether or not pending before any arbitrator, officer, tribunal or court) or any
denial of liability by "the supplier" or any other order of communication whatsoever by "the
supplier" stopping or preventing or purporting to stop or prevent any payment by "the
Bank" to "the Corporation" in terms hereof.
6. The amount stated in any notice of demand addressed by "the Corporation" to "the Bank"
as liable to be paid to "the Corporation" by "the supplier" or as suffered or incurred by "the
Corporation" on account of any losses or damages or costs, charges/and/or expenses
shall be as between "the Bank" and "the Corporation" be conclusive of the amount soliable
to be paid to "the Corporation" or suffered or incurred by "the Corporation", as the case
may be, and payable by "the Bank" to "the Corporation", in terms hereof.
ii. This Bank Guarantee shall be valid upto and including .......; and
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or # before
the expiry of 30 days from the date of expiry of this guarantee.
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8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of
the documents and/or the agreement/contract or MOU entered into between "the
supplier" and "the Bank" in this regard.
Bank
(by its constituted attorney) (signature of
a person authorized to sign on behalf of "the
Bank")
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2. We, ............................. Bank further agree that "the Corporation" shall be sole judge
whether the said "Supplier" has failed to perform or fulfill the said "order"in terms thereof
or committed breach of any terms and conditions of "the order" and the extent of loss,
damage, cost, charges and expenses suffered or incurred or would be suffered or incurred
by "the Corporation" on account thereof and we waive in the favour of "the Corporation" all
the rights and defences to which we as guarantors and/or "the Supplier" may be entitled to.
3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability
to pay and the amount demanded and "the Bank" undertake to pay "the Corporation" the
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amount so demanded first demand and without any demur notwithstanding dispute
raised by "the Supplier" or any suit or other legalproceedings including arbitration pending
before any court, tribunal or arbitrator relating thereto, our liability under this guarantee
being absolute and unconditional.
4. We, .................................. Bank further agreewith "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting inany manner our
obligations hereunder to vary any of the termsand conditions of the said "order"/or to
extend time of performance by "the Supplier" from time to time or to postpone for any
time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to
forbear to enforce any of the terms and conditions relating to "the order" and we shall not
be relieved from our liability by reason of any such variation or extension being granted to
"the Supplier" or for any forbearance, act or ommission on the part of "the Corporation" or
any indulgence by "the Corporation" to "the Supplier" or by any such matter or things
whatsoever which under the law relating to sureties would but for this provision have the
effect of relieving us.
5. However, it has been agreed between "the Supplier" and "the Corporation" that there shall
be only one Composite Bank Guarantee for both the advance and security deposit
performance guarantee/Retention Money @ of % valid till the end of the defects
liability period as per the terms of the P.O. No. dated
and that in proportion with the recovery of advance @ % per bill the same
amount/value automatically stands credited to the defects liability account/security deposit
or retention money as the case may be and will continue to be credited/treated till the
entire advance of ` is fully recovered from the running bills
and from the date of full recovery of the advance of ` this guarantee
automatically, shall stand valid towards the % retention money/defects liability, fully
valid in all
respects unto a further period of 3 (three) months, as per the Purchase Order of
"the Corporation".
8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this
guarantee shall not be affected by any change in the constitution of "the Supplier".
9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of
the documents and/or the Agreement/Contract or MOU entered into between "the
Supplier" and "the Bank" in this regard.
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IN WITNESS WHEREOF the Bank has executed this document on this .............................
day of ...........................
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(Address as applicable)
2. We, ........................................ Bank further agree that "the Corporation" shall be sole Judge
whether the said "Tenderer" has failed to perform or fulfill the said "tender" in terms thereof or
committed breach of any of the terms and conditions of "the order" and the extent of loss,
damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by
"the Corporation" on account thereof and we waive in favour of "the Corporation" all the rights
and defences to which we as guarantors and/or "the Tenderer" may be entitled to.
3. We, ................................. Bank further agree that the amount demanded by "the Corporation"
as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the
amount demanded and "the Bank" to undertake to pay "the Corporation" the amount so
demanded on first demand and without any demur notwithstanding any dispute raised by "the
Tenderer" or any suit or other legal proceedings including arbitration pending before any court,
tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and
unconditional.
4. We, ....................................... Bank further agree with "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said "tender"/or to extend
time of performance by "the Tenderer" from time to time or to postpone for any time to time any
of the powers exercisable by "the Corporation" against "the Tenderer" and to forbear to enforce
any of the terms and conditions relating to "the tender" and we shall not be relieved from our
liability by reason of any such variation or extension being granted to "the Tenderer" or for any
forbearance, act or ommission on the part of "the Corporation" or any indulgence by "the
Corporation" to "the tenderer" or by any such matter or things whatsoever which under the law
relating to sureties would but for this provision have the effect of relieving us.
6. We, ........................................ Bank further undertake not to revoke this guarantee during its
currency except with the previous consent of "the Corporation" in Writing.
7. We, ......................................... Bank lastly agree that "the Bank” 's liability under this
guarantee shall not be affected by any change in the constitution of "the Tenderer".
8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of the
documents and/or the Agreement/Contract or MOU entered into between "the Tenderer" and
"the Bank" in this regard.
IN WITNESS WHEREOF the Bank has executed this document on this .......................... day of
........................
a) not to insist upon immediate payment of Security Deposit for the fulfilment and performance
of the said order
b) that "the supplier" shall furnish a security for the performance of "the supplier's"
obligations and/or discharge of "the supplier's" liability in connection with the said "order";
and "the Corporation" having agreed with "the supplier" to accept Bank Guarantee for
the security deposit.
We, .................................................... Bank having office at ............................................
(hereinafter referred to as "the Bank" which expression shall includes its successors and
assigns) at the request and on behalf of "the supplier" hereby agree to pay to "the
Corporation"without any demur on first demand an amount not exceeding `...........
(Rupees.............................only) against any loss ordamage, costs, charges and expenses
caused to or suffered by "the Corporation" by reason of non performance and fulfilment or for
any breach on the part of "the supplier" of any of the terms and conditions of the said "order".
2. We, ............................. Bankfurther agree that “the Corporation" shall be sole judge
whether the said "Supplier" has failed to perform or fulfill the said "order" in terms
thereof or committed breach of any terms and conditions of "the order" and the extent of
loss, damage, cost, charges and expenses suffered or incurred or would be suffered or
incurred by "the Corporation" on account thereof and we waive in the favour of "the
Corporation" all the rights and defences to which we as guarantors and/or "the Supplier"
may be entitled to.
3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank's” liability
to pay and the amount demanded and "the Bank"undertake to pay "the Corporation" the
amount so demanded on first demand and without any demur notwithstanding any
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dispute raised by "the Supplier" or any suit or other legal proceedings including arbitration
pending before any court, tribunal or arbitrator relating thereto, our liability under this
guarantee being absolute and unconditional.
4. We, .................................. Bank further agree with "the Corporation" that "the Corporation"
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said "order"/or to
extend time of performance by "the Supplier" from time to time or to postpone for any
time to time any of the powers exercisable by "the Corporation" against "the Supplier" and to
forbear to enforce any of the terms and conditions relating to "the order" and we shall not
be relieved from our liability by reason of any such variation or extension being granted to
"the Supplier" or for any forbearance, act or ommission on the part of "the Corporation"
or any indulgence by "the Corporation" to "the Supplier" or by any such matter or
things whatsoever which under the law relating to sureties would but for this provision have
the effect of relieving us.
5. However, it has been agreed between "the Supplier" and "the Corporation" Bank
Guarantee for security deposit is Valid upto a period of 3 (Three) months beyond the
expiry of the defects liability period as per the terms of the Order No.
dated .
6. Not withstanding anything contained herein above :
ii. This Bank Guarantee shall be valid upto and including .......; and
iii. We are liable to pay the guarantee amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or # before
the expiry of 30 days from the date of expiry of this guarantee.
7. We, ........................................ Bank further undertake not to revoke this guarantee during
its currency except with the previous consent of "the Corporation" in writing.
8. We, ......................................... Bank lastly agree that "the Bank"'s liability under this
guarantee shall not be affected by any change in the constitution of "the Supplier".
9. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms of
the documents and/or the Agreement/Contract or MOU entered into between "the
Supplier" and "the Bank" in this regard.
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Procurement Manual HPCL, Mumbai
2. We, ........................................ Bank further agree that "the Corporation" shall be sole
Judge whether the said "Contractor" has failed to perform or fulfill the said "Contract"
in terms thereof or committed breach of any of the terms and conditions of "the purchase
order/Contract" or was not entitled to any extension of time and also the extent of loss,
damage, cost, charges and expenses suffered or incurred or would be suffered or
incurred by "the Corporation" on account thereof and we waive in favour of "the
Corporation" all the rights and defenses to which we as guarantor and/or "the
Contractor" may be entitled to.
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Procurement Manual HPCL, Mumbai
3. We, ................................. Bank further agree that the amount demanded by "the
Corporation" as such shall be final and binding on "the Bank" as to "the Bank" 's liability
to pay the amount demanded and "the Bank" undertakes to pay to "the Corporation" the
amount so demanded on fit demand without further proof or conditions and without any
demur, reservation, contest, recourse or protest and without any enquiry of you or the
Contractor, forthwith and in full without any deductions or set-offs or counterclaim
whatsoever, the sum claimed by you in such Demand, notwithstanding any dispute raised
by "the Contractor" or the pendency of any suit or other legal proceedings including
arbitration pending before any court, tribunal or arbitrator relating thereto, our liability
under this guarantee being absolute and unconditional. We further agree that the
Corporation shall not be bound to disclose any reasons while demanding any amount
under the Bank Guarantee.
4. We, ....................................... Bank further agree with "the Corporation" that "the
Corporation" shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder, to vary any of the terms and conditions of the said
"Contract"/or to extend time of performance by "the Contractor" from time to time or
to postpone for any time or from time to time any of the power exercisable by "the
Corporation" against "the Contractor" and to forbear to enforce any of the terms and
conditions relating to "the Contract" and we shall not be relieved from our liability by
reason of any such variation or extension being granted to "the Contractor" or for any
forbearance, act or omission on the part of "the Corporation" or any indulgence by
"the Corporation" to "the Contractor" or by any such matter or things whatsoever which
under the law relating to sureties would, but for this provision, have the effect of
relieving us. Any waive or other forbearance given or variations required under the
Contract or any invalidity, unenforceability or illegality of the whole or any part of the
Contract or rights of any party thereto, or amendment or other modification of the
Contract or any other fact, circumstance, provision of statute or law which might, were our
liability to be secondary and not primary, entitle us to be released in whole or in part from
our undertaking, shall not in any way release us from our obligations under this
Guarantee. Our obligations hereunder in respect of the sum or sums demanded by the
Corporation under this Guarantee are primary, independent and absolute and not by way
of surety only. The Corporation may make an unlimited number of Demands under this
Guarantee provided that the aggregate of all sums paid shall not exceed the entire
Guarantee Amount.
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Procurement Manual HPCL, Mumbai
7. We, ......................................... Bank lastly agree that "the Bank" 's liability under this
guarantee shall not be affected by any change in the constitution of "the Contractor" or
its insolvency winding up, reorganization, amalgamation or liquidation (including any
appointment of a receiver, administrator, administrative receiver or supervisor of the
Contractor or any of its assets) nor in case of any dispute or disagreement whatsoever
under the Agreement. We shall indemnify you immediately on demand against any cost,
loss or liability suffered by you as a result of our this obligation being or becoming
unenforceable, invalid or contrary to the laws of India (except in the case of a fraud by
you).
8. "The Bank" has power to issue this guarantee in favour of "the Corporation" in terms
of the documents and/or the Agreement/Contract or MOU entered into between "the
Contractor" and "the Bank" in this regard. This Guarantee shall be governed by and
construed in accordance with the laws of the Republic of India.
9. Any demand, notice or other communication given in connection with or required by this
Guarantee shall be made in writing in English be delivered by hand to, or sent by pre-paid
registered post, or facsimile transmission to:
IN WITNESS WHEREOF the Bank has executed this document on this ..........................
day of ........................
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Procurement Manual HPCL, Mumbai
SPECIAL CONDITIONS
OF CONTRACT
FOR EPCC/LSTK WORKS
B224_SCC_LSTK REV. 0
4-30-2019
1.0 GENERAL 5
2.0 INTERPRETATION OF CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE 13
3.0 DELETED 17
5.0 PLANS, DRAWINGS AND APPROVALS FURNISHED BY OWNER 19
6.0 PLANS, DESIGNS, DRAWINGS AND SPECIFICATIONS TO BE FURNISHED BY
CONTRACTOR 22
7.0 ALTERATIONS IN DESIGNS, PLANS, DRAWINGS, SPECIFICATIONS, ORDERS AND
INSTRUCTIONS 24
8.0 ALTERATION IN THE SCOPE OF WORK OR SUPPLY 25
9.0 CHANGE ORDERS 26
10.0 CANCELLATION OF CONTRACT 29
11.0 SUSPENSION 31
12.0 WORK FRONT 32
13.0 MATERIALS, LABOUR, EQUIPMENT AND FACILITIES 33
14.0 GENERAL PROVISION WITH REGARD TO MATERIALS 35
15.0 SUPPLY OF MATERIALS 39
16.0 MAKE OF MATERIALS 42
17.0 CERTIFICATE OF VERIFICATION AND GOOD CONDITION 43
18.0 MATERIALS WITHIN OWNER’S SCOPE OF SUPPLY 44
19.0 LAND, POWER, WATER AND OTHER FACILITIES: 44
20.0 SHIPPING AND OTHER DOCUMENTS 44
21.0 PACKING AND FORWARDING 45
22.0 TAXES, DUTIES AND OTHER LEVIES 48
23.0 PERFORMANCE 48
24.0 EXECUTION OF THE WORK 61
25.0 SUB-CONTRACTS 62
26.0 SUB-CONTRACTOR FOR CONSTRUCTION WORKS 63
27.0 ENGINEERING SUB-CONTRACTOR 64
28.0 MISCONDUCT 65
29.0 INSPECTION AND TESTING OF MATERIALS 65
30.0 INSPECTION AND TESTING OF WORKS 67
31.0 TESTS, COMMISSIONING AND POSSESSION OF WORKS 69
32.0 COMPLETION CERTIFICATE 72
33.0 DEFECT LIABILITY PERIOD AND LATENT DEFECTS 76
34.0 CONTRACTOR’S GUARANTEES 77
35.0 MEASUREMENTS, CERTIFYING INSPECTIONS AND PAYMENTS 84
36.0 CLAIMS BY THE CONTRACTOR 94
LIST OF ANNEXURES:
1.0 GENERAL
1.1 These Special Conditions of Contract (SCC) shall be read in conjunction with the
General Terms & Conditions of Works Contract (GTC), Notice Inviting Tender /
Instruction to Bidder, Schedule of Prices, specifications of work, drawings and
any other document forming part of this Contract wherever the context so
requires.
1.2 The provisions under clause 2.1 to 2.18 of the General Terms and Conditions
of Works Contract (GTC) stands replaced with the following expressions
hereunder and elsewhere in the Contract Documents used and their grammatical
variations shall unless repugnant to the subject or context thereof, have the
following meanings hereunder respectively assigned to them, namely:
1.2.1 “Agreed Variations” shall mean the statement of agreed variations annexed to
the Detailed Letter of Acceptance and any document subsequently signed by the
OWNER and the CONTRACTOR as an amendment of Contract.
1.2.2 Term "Agreement" wherever appearing in Bidding Document shall be read as
"Contract".
1.2.3 The "Authority" for the purpose of this Contract shall be the CEO or any other
person authorised by CEO.
1.2.4 “Approval” and its grammatical variations shall mean approved or confirmed in
writing by OWNER or Engineer-in-Charge.
1.2.5 “Battery Limit” shall mean the demarcated area within which the Unit is to be
located.
1.2.6 “Bid” shall mean the Contractor’s signed offer for the Works and all other
documents submitted along with the bid.
1.2.7 “Bid/Bidding/Tender Documents” mean the Notice Inviting Bids/ Letter Inviting
Bids, the instruction to bidders (including annexures), form of bid (including
appendices), the Contract Agreement, the General Terms &Conditions of Works
Contract, the Special Conditions of Contract, the Specifications and all other
reports, surveys, drawings and documents including amendments, if any,
provided to the Contractor by PMC.
1.2.8 “Bill of Materials” shall mean the Bill of Materials from time to time established
by the CONTRACTOR and approved by the OWNER pursuant to the provisions
of the Special Conditions of Contract and relevant provisions under clause No.
14.2.
1.2.9 “CATALYST” shall mean any catalyst or adsorbent or other like chemical(s) or
additive(s) required to be loaded to operate the UNIT.
1.2.10 The "CEO" shall mean the Chief Executive Officer of HPCL Rajasthan Refinery
Limited or any person so appointed, nominated or designated and holding the
office of Chief Executive Officer.
1.2.11 “Certificate of Verification and Good Condition” shall mean such certificate
referred to in Clause 17.0 hereof.
1.2.12 The "Change Order" means an order given in writing by the Owner to effect
additions to or deletion from or alterations into the Work.
1.2.20 The “Contract” shall mean the totality of agreement between OWNER and the
CONTRACTOR as derived from the Contract Documents.
1.2.21 The “CONTRACTOR” shall mean the bidder selected by the OWNER for the
faithful performance of the work and supply of materials and shall include the
successors, legal heirs, authorised representatives and permitted assigns of the
CONTRACTOR, and if the CONTRACTOR is joint venture or consortium, shall
include each member thereof.
1.2.22 “Contract Documents” shall mean the contract documents as defined in Article -
1 of the Form of Contract including Change Order(s), if any.
1.2.23 “Defect Liability Period” shall mean the defect liability period as specified in the
contract.
1.2.24 “Delivery Schedule” shall mean the delivery schedule of the supplies as
elsewhere provided for in the contract documents and Clause 15.0 hereof and
associated provisions.
1.2.25 The "Engineer-in-Charge or Site-in-Charge" shall mean the person appointed
or designated as such by the Owner and shall include those who are expressly
authorised by the owner to act for and on its behalf. This shall include the PMC or
CONSULTANT for the project wherever the Contract so reasonably admits.
1.2.26 “FEED Package” shall mean all technical details such as specifications,
drawings, documents, guidelines and/or instructions which will form the basis for
CONTRACTOR to take up detailed engineering, procurement and construction
activities for the UNIT.
1.2.27 “Final Certificate” shall mean the Final Certificate issued by the Engineer-in-
Charge under Clause 38.0 hereof.
1.2.28 “Mechanical Completion Certificate” also referred as “Final Test Certificate”
shall mean a Mechanical Completion Certificate in respect of Mechanical
Completion of the Unit, issued by the Engineer-in-charge under Clause 31.2
hereof.
1.2.29 “Foreign Currency” shall mean United States Dollar and EURO.
1.2.30 “Letter of Acceptance”/ “Letter of Intent” / ”Notification of acceptance” / “Letter of
Award” / “Fax of Acceptance” shall mean the Letter of Acceptance of bid issued
by the OWNER to the CONTRACTOR, and shall wherever the Contract so
requires include the “Detailed Letter of Acceptance” subsequently issued by the
OWNER to the CONTRACTOR.
1.2.31 “LICENSOR/PROCESS LICENSOR” shall mean the Process Licensor for the
UNIT or of any part thereof as per Technical section of Bidding Document.
1.2.32 “Lumpsum Price”/”Contract Value”/”Total Contract Value”/Contract Price”/”Total
Contract Price” shall mean the price indicated in form-SP-0 for execution of entire
scope and requirement as specified in Bidding Document and subsequent
amendments, if any. Break-up of the Lumpsum Price shall be provided in the
subsequent form for milestone payment and billing purpose i.e. price of Design
and Detailed Engineering specified in FORM SP-1 of the Price Schedule and
price of the Supply specified in FORM SP-2 and the price of the
Construction/Installation specified in FORM SP-3 of the Price Schedule as the
same is expressed in Indian Rupees and Foreign Currency.
1.2.33 “Materials” shall mean all materials, plant, machinery, instruments, components,
assemblies, parts, spares and any other items and things whatsoever required
for permanent incorporation in the works to establish the UNIT and/or works
complete in all respect, and will include the replacement of any defective
materials and of any materials damaged, lost, or destroyed during transit,
storage, fabrication, erection, installation, testing, pre-commissioning,
commissioning or otherwise upto and until issue of the Completion Certificate,
and shall also include all construction materials.
1.2.34 “Mechanical Completion” shall be as defined in the Technical Section of the
Bidding Document.
1.2.35 “Mobilisation” shall mean establishment of sufficient and adequate infrastructure
by the CONTRACTOR at and about the job site(s) comprising of construction
equipment, aids, tools, tackle including establishment of temporary works, with
facilities, utilities, man power and equipment ready to receive, transport and store
materials and to commence and execute work at site(s), in accordance with the
Progress Schedule to the satisfaction of the Engineer-in-Charge.
1.2.36 “Notified Claim” shall mean a claim of the CONTRACTOR notified in
accordance with the provisions of Clause 36.1.
1.2.37 “Order” and “Instruction” shall respectively mean any written order or
instructions given by the OWNER or by the Engineer-in-Charge to the
CONTRACTOR within the scope of their respective powers in terms of the
Contract.
1.2.38 “Outside Battery Limit (OSBL) Facilities” shall mean the Offsite Facilities &
Utilities (if any) which are required to be set up by the CONTRACTOR outside
the Battery Limit.
1.2.39 The “OWNER” shall mean HPCL Rajasthan Refinery Ltd. (HRRL), a Joint
Venture Company between Hindustan Petroleum Corporation Limited (HPCL)
and Government of Rajasthan (GOR) for the purpose in the Bidding Document or
their successor or assigns. HRRL is incorporated in India and has its registered
office at Tel Bhavan, Sahkar Marg, Lal Kothi Vistar, Jyoti Nagar, Jaipur
Rajasthan, India, PIN – 302005. Wherever “Hindustan Petroleum Corporation
Limited”/ “HPCL” is appearing in GTC, the same shall be read as “OWNER”.
1.2.40 “Performance Test” shall mean the test or series of tests to be carried out by the
CONTRACTOR to prove the contractual guarantees with respect to the UNIT or
any part thereof, whether with reference to its input, throughput, output, quality,
quantity or consumption or otherwise.
1.2.41 The "Permanent Work" means and includes works which form a part of the
work to be handed over to the Owner by the Contractor on completion of the
contract.
1.2.42 “Plans” and “Drawings” shall mean to include maps, plans, tracings and prints
forming part of the bid documents and any detail or working drawings,
1.2.49 “PROJECT” shall mean the project embracing the works and /or Unit(s) forming
the subject matter of the bid and the resultant contract.
1.2.50 “PROJECT MANAGEMENT CONSULTANT” or “PMC” or “CONSULTANT”
shall mean any person(s) nominated by the OWNER as the Project Management
Consultant for the Project. The words “PROJECT MANAGEMENT
CONSULTANT”, “PMC”& “CONSULTANT” are synonymous. Person means any
individual, partnership, limited partnership, corporation, trust, joint stock
company, unincorporated association, joint venture or authority.
1.2.51 “Running Account Bill / Invoice” shall mean a fully supportive Bill / invoice for
the payment of “on account” monies to the CONTRACTOR in terms of Clause
35.5 hereof and associated Clauses thereunder.
1.2.52 “Schedule of Activities” shall mean the Schedule of Activities from time to time
submitted by the CONTRACTOR and approved by the OWNER pursuant to the
provisions of these General Terms & Conditions of Works Contract.
1.2.53 “Scope of Supply” shall mean the totality of materials by expression or
implication envisaged in the Contract including (but not limited to) the supply as
identified in the Bid Document.
1.2.54 “Scope of Contract” shall mean the totality of work and services to be performed
by the CONTRACTOR within the Scope of Work and totality of materials to be
supplied by the CONTRACTOR within the Scope of Supply and shall include (but
not be limited to) all works/services and supplies by expression or implication
envisaged in the Bid Documents.
1.2.55 The "Site" means the land on which the work is to be executed or carried out and
such other place(s) for purpose of performing the Contract.
1.2.56 The definition of “Work” as mentioned against Sl. No. 2.18 of General Terms &
Conditions of Works Contract stands replaced as under:
The expressions “Scope of Work” and “Scope of Services” and “Work” are
synonymous and mean the totality of the work/services by expression or
implication envisaged in the Contract, including (but not limited to) the work as
detailed in the Bid Documents, and include all work, facilities, materials, utilities,
consumables and equipment and labour required for or relative or incidental to or
in connection with the preparation for, commencement, performance, completion,
testing, pre-commissioning, start up, commissioning, performance guarantees,
replacement and/or rectification of any work(s)/services and/or in the
maintenance or inspection of the work(s) and any and all temporary works
required for or incidental to any work/service.
1.2.57 “Security Deposit (SD) / Contract Performance Bank Guarantee (CPBG)”
shall mean duly executed, irrevocable, and unconditional on demand Bank
Guarantee(s) that is to be procured and maintained by the CONTRACTOR in
accordance with clause no. 4.0 hereof and associated Clauses thereunder to
secure the due and faithful performance of the contract.
1.2.58 The definition of “Specifications” as mentioned against Sl. No. 2.14 of General
Terms & Conditions of Works Contract stands replaced as under:
1.2.65 “UNIT” shall mean the totality of the Units and Facilities comprised in the Scope
of Contract, which form a distinct operating system.
1.2.66 “Unit Rate” shall mean the unit rate for the particular item of supply as specified
in Bill of Materials and for Services as specified in the Bill of Activity.
1.2.67 “Utilities” shall mean water (including raw water and treated water of all kinds),
steam, gases of all kinds, power, electricity, gas and other sources of energy,
lubricants, fuels, chemicals of all types (except catalysts and adsorbents forming
part of the Plant or Process) whatsoever required for or incidental to the
performance, testing or pre-commissioning of the works, not being materials
required for permanent incorporation in the works.
1.2.68 The expression “Works” means the product of materials and services to be
executed in accordance with the Contract or part thereof as the case may be and
shall include extra, additional, altered or substituted works as maybe required for
the purposes of completion of the work contemplated under the Contract.
1.2.69 Unless otherwise specifically stated, the masculine gender shall include the
feminine and neuter genders and vice-versa and the singular shall include the
plural and vice-versa.
1.2.70 The definitions shall apply to all the expressions defined above when used in the
contract documents, whether expressed wholly in capitals or partly in capital or
with the first letter in capital or wholly in ordinary letters.
1.2.71 “Confidential Information” means the Contract and everything contained
therein, all documentation, data, particulars of the Works and technical or
commercial information made by (or on behalf of) Owner/PMC or obtained
directly or indirectly from Owner/PMC by the Contractor or which is generated or
obtained by the Contractor or any Subcontractor in relation to the Works or any
information or data that the Contractor receives or has access to as a result of
the Contract, other than information:
(a) which is generally available in the public domain other than by any
unauthorised actions or fault of the Contractor; or
(b) that is in the possession of the Contractor with a right to disclose.
1.2.72 “Good Industry Practice” means the exercise of that degree of skill, diligence,
prudence and foresight in compliance by the Contractor with the undertakings
and obligations under the Contract, which would be expected from a skilled and
experienced professional person engaged in works that are of the type, nature
and scope similar to the Works.
1.2.73 “INR” or “Rupees” means the legal currency of the Republic of India.
1.2.74 “Government Authority” means the Government of India, any state government
or any local authority or any department, instrumentality or agency thereof or any
corporation (to the extent acting in a legislative, judicial or administrative capacity
and not as a contracting party with Owner or the Contractor) or commission
under the direct or indirect control of such central, state or local government or
any political sub-division thereof or any court, tribunal or judicial body within
India.
2.1.1 Notwithstanding the sub-division of the Contract into these separate documents
and/or volumes and/or heads, every part of each separate section/volume/head
shall be deemed to be supplementary of every other part and shall be read with
and into the contract so far as it may be practicable to do so.
2.1.2 Subject to the provisions of Clause 2.1.3 hereof, in case of an irreconcilable
contradiction in the commercial terms or conditions to the extent that the two
provisions cannot co-exist, the following shall prevail in order of precedence.
(i) Contract Agreement
(ii) Detailed Letter of Acceptance along with its enclosures
(iii) Letter of Award / Fax of Acceptance
(iv) Statement of Agreed Variations
(v) Special Conditions of Contract
(vi) Instructions to Bidders
(vii) Schedule of Prices/Price Schedule
(viii) General Terms & Conditions of Works Contract
(ix) Other documents
Note: Any Amendment/change order issued after signing of formal contract shall
take precedence over respective clauses of formal contract and its annexures.
2.1.3 If in respect of any commercial term or condition, if any provision in the General
Terms & Conditions of Works Contract is repugnant to or at variance with any
provision(s) of the Special Conditions of Contract and/or the Agreed Variations or
if any provision of the Special Conditions of Contract is repugnant to or at
variance with any provision(s) of the Agreed Variations, and the two cannot be
reconciled or otherwise co-exist, then unless a different intention appears, the
provision(s) of the Special Conditions of Contract shall be deemed to override the
provision(s) of General Terms & Conditions of Works Contract and the
provision(s) of the Agreed Variations shall be deemed to override the provision(s)
of the Special Conditions of Contract, but only to the extent that such
repugnancies in the General Terms & Conditions of Works Contract cannot be
reconciled with the Special Conditions of Contract and/or Agreed Variations or to
the extent that such repugnancies in the Special Conditions of Contract cannot
be reconciled with the Agreed Variations, as the case may be.
2.1.4 Without prejudice to the provisions of the General Terms & Conditions of Works
Contract, whenever in the Bidding documents it is mentioned or stated that the
CONTRACTOR shall perform certain work or provide certain facilities, it is
understood that the CONTRACTOR shall do so at his own cost and the
Lumpsum Price shall be deemed to have included the cost of such performance
and/or provision, as the case may be.
2.1.5 The materials, design and workmanship shall satisfy the applicable relevant
Indian Standards, the job specifications contained herein and the codes referred
to by expression or implication. Where the job specifications stipulate
requirements in addition to those contained in the standard codes and
specifications, these additional requirements shall also be satisfied. In the
any part thereof (if the CONTRACTOR has failed to make an application as
provided for in Clause 2.1.7), apply to the Engineer-in-Charge in writing for his
decision in resolution of any doubt, ambiguity or contradiction or for the correction
of any error or for making good the omission as the case may be.
2.1.9 The decision of the Engineer-in-Charge on any application under Clause 2.1.7or
Clause 2.1.8 hereof shall be in writing and shall be final and binding upon the
CONTRACTOR and shall form part of the Contract documents, with the intent
that the Contract documents shall be read as though the said decision is and was
at all times incorporated therein.
2.1.10 In the event of the CONTRACTOR performing or executing any work or making
any supply at variance with the decision of the Engineer-in-Charge as aforesaid,
then such work shall, if the Engineer-in-Charge so consider necessary, be
deemed to be a defective work/ supply and the provision of Clause 30.5 hereof
and associated clauses thereunder shall apply thereto.
2.2 Any work or supply shown, indicated or included in any description of the work,
plans, drawings, Specifications and/or Schedule of Price/Price Schedule or other
Contract or Bid documents shall be deemed to form part of the work and/or
supply contracted for, as the case may be, notwithstanding failure to show,
indicate or include such work or supply in any other or others among the
documents aforesaid with the intent that the indication or inclusion of the work or
supply within any one of the said documents shall be deemed to be a sufficient
indication or inclusion of the work or supply, as the case may be, within the work
and supply covered by the Contract.
2.3 No verbal agreement, assurance, representation or understanding given by any
employee or officer of the OWNER or so understood by the CONTRACTOR,
whether given or understood before or after the execution of the contract, shall
any-wise bind the OWNER or alter the Contract documents unless specifically
given in writing and signed by the OWNER or by the Engineer-in-Charge on
behalf of the OWNER and CONTRACTOR’S authorised representative as an
Agreed Variation and amendment of the relative term(s) in the contract
documents.
2.4 Clause headings given in this or any other contract documents are intended only
as a general guide for convenience in reading and segregating the general
subject of the various Clauses, but do not form part of the contract documents,
with the intent that the Clause headings shall not govern the meaning or import of
the Clauses thereunder appearing or confine or otherwise affect the interpretation
thereof.
2.5 The OWNER/PMC may, as a measure of convenience to the CONTRACTOR,
furnish Hindi or any other Vernacular translation of the several contract
documents or any of them. Such translation shall, however, not any–wise operate
as the contract between the parties or regulate upon the terms and conditions of
the contract documents, with the intention that all rights and obligations of the
parties in terms of the contract documents and any reference to the contract or
contract documents or any of them shall be deemed as the rights and obligations
arising out of the contract or contract documents or any of them as written in
English; and no claim, disputes, difference or other objection will lie or will be
entertained by the OWNER on account of any reference in the import or
interpretation between any provision contained in Hindi and/or any other
Vernacular translation of the contract documents or any of them and the contract
documents in English .
3.0 DELETED
4.0 SECURITY DEPOSIT (SD)/CONTRACT PERFORMANCE BANK
GUARANTEE (CPBG)
The Clause No. 4(b) and 7.c. of the General Terms and Conditions of
Works Contract, stand replaced with following :
4.1 The CONTRACTOR shall within 30 (Thirty) days from the date of issue of the
Acceptance of Bid furnish Security Deposit in an amount equivalent to 10% (Ten
percent) of the Lumpsum Price in the manner specified in Clause 4.2 hereof.
Such security deposit is to be held by the OWNER in lieu of cash as security for
the due performance of the CONTRACTOR’S obligation under the contract and
due discharge of CONTRACTOR’s liabilities under and/or arising out of the
Contract.
4.2 As and by way of the said Security Deposit, the CONTRACTOR shall within 30
(Thirty) days from the date of issue of Acceptance of Bid submit one or more
unconditional Bank Guarantee(s) from one or more Bank(s) in India acceptable to
the OWNER and in a format, provided by the OWNER, for a sum equivalent to
10% (Ten percent) of the Lumpsum Price of the Contract. Such Bank
Guarantee(s) to the extent that the Lumpsum Price as designated in Foreign
Currency, shall be for an amount of 10% (Ten percent) of the designated Foreign
Currency(ies), and to the extent that the Lumpsum Price as designated in Indian
Rupees, shall be for an amount of 10% (Ten percent) of the designated Indian
Rupees, and shall be valid in the first instance for a period of not less than 3
(three) months after the expiry of the defect liability period, reckoned from the
scheduled date of final completion under the Contract. PROVIDED that if and
after the CONTRACTOR has successfully completed all CONTRACTOR’s
obligations under the Contract as witnessed by the issue of a Completion
Certificate under Clause 32.3, so that the only surviving obligations of the
CONTRACTOR under the Contract concern or relate to and arise out of the
Defect Liability Period and obligations consequent thereto, the CONTRACTOR
may opt to replace the existing Bank Guarantee(s) aforesaid furnished by the
CONTRACTOR to the OWNER under this Clause with similar unconditional Bank
Guarantee(s) for a sum equivalent to 5% (five per cent) of the Lumpsum Price
designated in Foreign Currency and for a sum equivalent to 5% (five per cent) of
the Lumpsum Price designated in Indian Rupees. Such replacement Bank
Guarantee(s) shall be valid for a period of not less than 3 (three) months after the
expiry of the Defect Liability Period.
4.2.1 The Bank Guarantee(s) shall be extended by such further period(s) as the
OWNER may require until performance of all the Contractor’s obligations under
the Contract.
4.2.2 Without prejudice to any other right or remedy available to the OWNER, the
OWNER may at any time and from time to time before issue of the Final
Certificate under the Contract require the CONTRACTOR by notice in writing to
renew the Bank Guarantee(s) for such period(s) as the OWNER may deem fit,
and upon such request, the CONTRACTOR shall renew the Bank Guarantee(s)
for the required period(s), and without prejudice to any other right or remedy
under the Contract, and unless the OWNER shall not have required such
renewal, the OWNER shall be entitled to encash the Bank Guarantee(s) or any of
them which are not renewed at least 14 (Fourteen) days prior to the date of
expiry thereof .
4.3 The Security Deposit shall be held by the OWNER as security for the due
performance of the CONTRACTOR’S obligations under the contract, PROVIDED
that nothing herein stated shall make it incumbent upon the OWNER to utilise the
Security Deposit in preference to any other remedy which the OWNER may
have, nor shall be construed as anywise confining the claims of the OWNER
against the CONTRACTOR to the quantum of the Security Deposit.
4.4 The successful bidder shall furnish a Security Deposit, as stated in clause 4.2
and its sub-clauses, in the form of Demand Draft / Bank Guarantee(s) issued
by a Bank in India acceptable to the OWNER recognised as Scheduled Bank
(other than cooperative banks) by the Reserve Bank of India. A Bank
Guarantee from any Foreign Bank will be acceptable only if the same is issued
by its Indian Branch which is a Scheduled Bank. The Bank Guarantee shall be as
per the prescribed format enclosed in the bidding document. Each page of the
Bank Guarantee must be stamped & signed by the authorized
signatory(ies) of the Bank. Corrections, if any, must also be initialled by the
authorized signatory(ies) of the Bank. The Bank is required to send a copy of
the Bank Guarantee(s) in confirmation directly to HPCL Rajasthan Refinery
Ltd. - at the address given in the Instructions to Bidders.
4.5 The bank guarantee shall be in favour of “HPCL Rajasthan Refinery
Limited” from any Scheduled bank(s) (other than co-operative banks). All
bank guarantees must be unconditional and should be encashable on
presentation to the issuing bank.” Issuance of Bank Guarantee shall be
confirmed by the Bank directly to the Owner preferably through Structured
Financial Messaging System (SFMS), as it provides an RBI supported
Integrated Platform for Bank Guarantee Verification
4.6 Upon determination of the contract prior to completion of the work(s) for any
cause, the OWNER shall insofar as the Security Deposit constitutes cash refund,
and insofar as Security Deposit is in any other form, release/ discharge/ return,
as the case may be, to the CONTRACTOR the unutilized balance of the
Security Deposit, if any, for the time being remaining in the hands of the
OWNER, after settlement of accounts and discharge of all amounts due from
the CONTRACTOR to the OWNER and fulfilment of all obligations of the
CONTRACTOR.
by the OWNER within 10 (ten) working days of the receipt of such notice by the
Engineer-in-Charge and OWNER, the CONTRACTOR shall be entitled to resort
to the provisions of Clause 23.6.6 for extension of time, if so required.
5.1.2 The CONTRACTOR shall submit to OWNER/ Engineer-in-Charge, within the
periods specified by OWNER/ Engineer-in-Charge, such documents, write-ups,
designs, samples, patterns, models, data and other information as may be
required in order to enable OWNER/ Engineer-in-Charge to furnish the
requisite approval(s). The CONTRACTOR shall be responsible for any
discrepancy, error, or omission in any drawings or other matters or things or
documents and other particulars supplied by it whether or not such drawings,
documents and particulars or other matters and/or things have been approved by
the OWNER/ Engineer in-Charge.
5.1.3 Where the CONTRACTOR claims such deemed approval, pursuant to
Clause 5.1.1, the CONTRACTOR shall submit to the Chief General Manager –
Projects, Rajasthan Refinery, the supporting documents and notice(s) in
support of the claim of deemed approval and the Chief General Manager –
Projects, Rajasthan Refinery, shall, if satisfied of the existence of such deemed
approval, certify the approval on the drawing/document and upon such
certification the drawing/document shall be deemed to have been approved
in Code-I. The CONTRACTOR shall not be entitled to claim any extension of
time on this account.
5.1.4 The CONTRACTOR shall not depart from the approved documents,
drawings, samples, patterns, models or manuals except as directed in writing by
OWNER/ Engineer-in-Charge.
a) With a view to expedite OWNER’s approvals of critical drawings, the
CONTRACTOR shall furnish to the Engineer-in-Charge, in writing as
precisely as possible, a list of critical drawings (hereinafter referred to
“critical drawings”) within 25 (twenty five) working days of the Letter of
Acceptance or at the commencement of the kick-off meeting, whichever is
earlier.
b) At the initiative of the CONTRACTOR, the Engineer-in-Charge and the
CONTRACTOR shall discuss as soon as possible and finalise the schedule
for the presentation for approval of the critical drawings so as to enable
appropriate persons to be assigned for approval of the drawings.
c) The critical drawings requiring the OWNER’s approval shall be transmitted
to the office of the OWNER’s CONSULTANT electronically for which the
CONTRACTOR shall establish an electronic system compatible with that
of the OWNER’s CONSULTANT for document / data transfer. The details
of the system available with the OWNER’s CONSULTANT are provided in
the Bidding Documents. Failure by the CONTRACTOR to install such
compatible electronic transfer system shall constitute a breach of the
CONTRACTOR’s obligations to which the provisions of Clause 40.1 of
these Special Conditions of Contract shall be applicable, without prejudice
to any right of action available to the OWNER’s in this behalf. Until the
CONTRACTOR provides such system, the CONTRACTOR shall solely
assume all risks and delay, and shall personally deliver to OWNER’s
CONSULTANT’s office all drawings and documents requiring approval
and to depute to the OWNER’s CONSULTANT’s designated office, its
design engineer for across the table discussions with reference to the
drawings/documents and to personally pick up from the designated offices
of the OWNER’s CONSULTANT the reviewed/commented upon
drawings/documents.
d) It is anticipated that the non-critical drawings will be submitted periodically
in accordance with a schedule to be established by the CONTRACTOR
in consultation with the Engineer-in- Charge within 8 (eight) weeks of the
notification of award in conjunction with the Progress Schedule.
e) Bottlenecks in critical and non-critical drawings shall be removed by
discussion across the table between the OWNER / Owner’s CONSULTANT
with the CONTRACTOR and the CONTRACTOR’s consultants and/or sub-
vendors concerned. These meetings shall be held at the designated offices
of OWNER or the OWNER’s CONSULTANT once in a week or otherwise
as required
f) The CONTRACTOR shall as soon as possible, after issue of Letter of
Acceptance establish in consultation with the OWNER/CONSULTANT,
the schedule for and modalities of Licensor’s review of
CONTRACTOR’s drawings, so far as required.
5.2 The CONTRACTOR shall carefully study the plans/drawings and other Contract
documents and shall bring to the notice of the Engineer-in-Charge for
clarification/correction, any ambiguity, error, discrepancy, contradiction or
omission therein prior to the execution of related work(s) or undertaking the
related supply(ies) as the case may be, under the provisions of Clause 2.1.7
hereof.
5.3 Notwithstanding anything to the contrary in the contract documents expressed or
implied, and notwithstanding the absence of any ambiguity, error, discrepancy,
contradiction or omission in the plans/drawings as aforesaid, the Engineer-
in-Charge shall be entitled at any time before or during the making of the
related supplies or execution of the related works to amend/modify or alter any
plan(s) or drawing(s) furnished to the CONTRACTOR by the OWNER and
the CONTRACTOR shall, subject to the provisions of Clause 7.2 hereof,
thereafter perform and/or continue to perform the related work(s) or supply(ies)
as the case may be, according to the amended/modified/altered plans/drawings
without entitlement to any extra remuneration . Should the CONTRACTOR
thereafter execute any relative work(s) or make any supply at variance there with,
the provisions of Clause 30.5 hereof and associated clauses thereunder relating
to defective work and supply shall apply thereto, provided that if any such
amendment / modification/ alteration shall, in the opinion of the CONTRACTOR,
necessitate an extension of time, the provisions of Clause 23.6.6 hereof and
Clauses related thereto shall apply.
5.4 Copies of all approved plans and designs relating to the work(s) and supplies
shall be kept and maintained at the CONTRACTOR’S office at the site and shall
the or in the course of the execution of the relative works or supply or any other
part thereof, to alter or amend or modify any other requirement. If and so far as
the alteration, amendment and/or modification requires any consequential
amendment in any plan(s), drawing(s), design(s) or specification(s) within the
CONTRACTOR’S scope of work and/or supply, the CONTRACTOR shall make
such alternations, amendment(s) or modification(s) as the case may be.
7.1.2 If such alteration, amendment, modification or improvement under Clause 7.1 or
7.1.1 shall, in the opinion of the CONTRACTOR, necessitate an extension in the
time for completion, the provisions of Clause 23.6.6 hereof and related clauses
with regard to the extension of time shall apply.
7.2 If any alteration, amendment or modification under Clauses 7.1.1 shall, in the
opinion of the OWNER/PMC, result in a reduction in the scope of work or
specifications of the work or supply covered by the Lumpsum Price so as to
render unreasonable the Lumpsum Price, or if in the opinion of the
CONTRACTOR, the alteration, amendment or modification shall result in an
increase in the scope of work or specifications of the work or supply covered by
the Lumpsum Price so as to render unreasonable the Lumpsum Price, the
OWNER or the CONTRACTOR, as the case may be, shall serve written notice
thereof to the other, with a copy to the Engineer-in-Charge and the OWNER’s
PMC, and the provisions of Clause 9.0 and associated provisions thereunder
applicable to a Change Order initiated by the OWNER or CONTRACTOR, as the
case may be, shall mutatis mutandis apply. Such notice shall constitute and shall
comply with the requirements of a Change Order Proposal under Clause 9.1 (if
initiated by the OWNER) or Clause 9.2 (if initiated by the CONTRACTOR).
7.2.1 Pending finalisation of a change order pursuant to a notice/change order
proposal given under the provisions of Clause 7.2 hereof, the CONTRACTOR
shall continue and be bound to continue and perform the work(s) and/or make
the supply(ies) to completion in all respects according to the Contract (unless the
contract or works be determined by the OWNER) and the CONTRACTOR shall
continue to be liable and bound in all respects under the Contract.
8.0 ALTERATION IN THE SCOPE OF WORK OR SUPPLY
8.1 The OWNER may at any time(s), before or after the commencement of the work
or supply, by notice in writing issued to the CONTRACTOR, alter the scope
of work or supply, by increasing or reducing the quantities relative to any job(s)
or supply(ies) or by increasing or reducing the job(s) required to be done or
supplied with respect thereto or by omitting therefrom any specific job(s) or
portion(s) or by substituting any existing jobs or operations with other jobs and/or
operations, or by requiring the CONTRACTOR to perform any extra works and
upon receipt of such notice the CONTRACTOR shall execute the job(s) and/or
make supplies as required within the altered scope of work and/or supply.
8.2 If any alteration in the scope of work and/or supply shall in the opinion of the
CONTRACTOR, necessitate any extension in time for completion, the provisions
of Clause 23.6.6 hereof and related Clauses with regard to the extension of time
shall apply.
8.3 If an alteration under clause 8.1 shall, in the opinion of the OWNER, result in a
reduction in the scope of work or supply covered by the Lumpsum Price so as to
render unreasonable the Lumpsum Price, or if in the opinion of the
CONTRACTOR ,the alteration, amendment or modification shall result in an
increase in the scope of work or supply covered by the Lumpsum Price so as to
render unreasonable the Lumpsum Price, the OWNER or the CONTRACTOR as
the case may be, may initiate a Change Order Proposal by serving written notice
thereof to the other, with a copy to the Engineer-in-Charge and the OWNER’s
Project Management Consultant, and the provisions of Clause 9.0 and
associated provisions thereunder applicable to a Change Order initiated by the
OWNER or CONTRACTOR, as the case may be, shall mutatis mutandis apply.
Such notice shall constitute and shall comply with the requirements of a Change
Order Proposal under clause 9.1 (if initiated by the OWNER) or Clause 9.2 (if
initiated by the CONTRACTOR).
8.4 Pending finalization of a Change Order pursuant to a notice/Change Order
Proposal given under the provisions of Clause 8.3 hereof, the CONTRACTOR
shall continue and be bound to continue and perform the work(s) and/or make
the supply(ies) to completion in all respects according to the Contract (unless the
Contract or works be determined by the OWNER) and the CONTRACTOR shall c
o n t i n u e t o be liable and bound in all respects under the Contract.
9.0 CHANGE ORDERS
9.1 If initiated by the OWNER, the Change Order Proposal shall specify the reduction
in the Lumpsum Price proposed by the OWNER by virtue of the change(s)
referred to in the notice and shall set forth the basis for the calculation thereof.
9.2 A Change Order Proposal may be initiated by the CONTRACTOR only within 21
(twenty one) days from the date of issue of orders or instructions relative to any
works for which the CONTRACTOR claims the additional payment or
compensation. The Change Order Proposal made by the CONTRACTOR shall
set out the reasons for the proposal and the basis on which the increase in the
Lumpsum Price is proposed to be calculated and shall give particulars of the
order or instruction from which it arises..
9.2.1 If the CONTRACTOR fails to initiate a Change Order Proposal within the time
and in the manner specified in Clause 9.2, the OWNER shall not be liable for or
in respect of a claim or Change Order Proposal subsequently or otherwise made
or initiated by the CONTRACTOR in respect of such orders or instructions, and
the CONTRACTOR hereby waives and relinquishes any and all rights in respect
of any such claim or Proposal subsequently or otherwise made or initiated by the
CONTRACTOR.
9.3 The OWNER’s Project Management Consultant shall promptly consider a
Change Order Proposal submitted by the CONTRACTOR in compliance with
Clause 9.2 and shall submit its recommendations to the OWNER within 2 (two)
weeks of receipt of the Change Order Proposal.
9.3.1 The OWNER shall within 3 (three) weeks thereafter examine the Proposal and
the recommendations of its Project Management Consultant with respect thereto
(A) (i) For Materials covered under the CONTRACTOR’s scope of supply
(including equipment) incorporated in work(s) not being Civil and Structural
Works covered by (B) below, at cost of such materials involved in the
work(s) to which the Change Order Proposal relates, as witnessed by the
Supplier’s relative invoices;
(ii) For works and services, other than Civil and Structural works
covered by (B) below, at the cost of labour and consumables and utilities
involved in the works to which the Change Order Proposal relates and the
cost of equipment involved in the execution of such work, the cost of the
equipment to be worked out by amortization in the manner provide in
Clause 9.7.1;
(iii) 6 % (six per cent) of (i) and (ii) above to cover design and other
engineering and overall co-ordination costs.
(iv) 15% (fifteen per cent) of the total of (i), (ii) and (iii) above to cover
all other costs, overheads and profit.
(B) (i) For Civil and Structural works involved in the works to which the Change
Order Proposal relates, on basis of the CPWD rates then prevailing for the
location of the works or, in the absence of the existence of CPWD rates for
the location, at the applicable State PWD rates, which cover costs,
overheads and profit;
(ii) 6 % (six per cent) of (i) above to cover design and other engineering and
overall co-ordination costs.
9.7.1 Unless otherwise agreed, for the purposes of calculating the increase or
reduction in the Lumpsum Price consequent upon a Change Order Proposal with
respect to any works other than Civil and Structural work(s) covered by Clause
9.7 (B), as and from the date of the initiation of a Change Order Proposal, the
CONTRACTOR shall on each day prepare and submit to the OWNER, a
statement of time worked by all labour employed in the work/services to which
the Change Order Proposal relates and showing the description and quality and
invoiced costs of all CONTRACTOR supplied materials (including equipment)
incorporated in the works and the cost of materials and utilities and equipment
utilized for the work to which the Change Order Proposal relates. Such
statement shall be submitted by the CONTRACTOR on a daily basis to the
OWNER after obtaining the comments (if any) and signature of the Engineer-in-
Charge thereon. At the end of each month, the CONTRACTOR shall deliver to
the OWNER for approval a price statement of the cost of labour, materials,
utilities and equipment used in this behalf. The cost of mechanical equipment
utilized for the work shall be worked out on a capital amortization of 2000 (two
thousand) working days. Notwithstanding any dispute as to the cost allocation,
the Statement shall be signed by the Engineer-in-Charge with a Note of dissent
as a record of the views of the Engineer-in-Charge thereon.
9.7.2 Unless otherwise agreed, the amount calculated under Clause 9.7 shall solely
determine the rights of the OWNER or the CONTRACTOR, as the case may be,
pursuant to a Change Order Proposal in respect of which the OWNER is entitled
(ii) Not place any further orders or sub-Contracts for materials, services or
facilities other than as may be necessary or required for completing or
performing such portion of the work(s) or supplies which the
CONTRACTOR is required to complete or perform
(iii) Promptly make every reasonable effort to obtain cancellation or fulfilment,
as the case may be at the option of the Engineer-in-Charge/OWNER of all
orders and sub-contracts to the extent they relate to the performance of the
work(s) or supplies cancelled.
(iv) Assist the Engineer-in-Charge/OWNER, as specifically requested in
writing by the Engineer-in-Charge/OWNER, in the maintenance, protection
and disposition of property/works acquired by the OWNER pursuant to the
Contract
10.3 Upon Cancellation of the Contract, the OWNER shall take over from the
CONTRACTOR, the approved surplus materials supplied by the CONTRACTOR
for permanent incorporation in the work and lying at the job site on the date of
receipt of notice of cancellation by the CONTRACTOR, and the decision of the
Engineer-in-Charge as to the approved materials lying at the site on the date of
cancellation and the quantities thereof shall be final and binding upon the
CONTRACTOR
10.4 Upon cancellation of the Contract, the CONTRACTOR agrees to waive any claim
for damages, including loss of anticipated profits on account thereof, and as the
sole right and remedy of the CONTRACTOR against the OWNER resultant upon
such cancellation, the CONTRACTOR agrees to accept from the OWNER the
following, namely :
(i) The cost of settling and paying claims for cancellation or completion of
pending orders and/or subcontracts as provided for in sub-clause(iii) of
clause10.2 hereof.
(ii) The cost of protecting, securing and/or maintaining the works pursuant to
the provisions of sub-clause (ii) of Clause 10.1 hereof and/or sub clause (iv)
of Clause10.2 hereof.
(iii) Payment for the supplies actually made on the basis of the Bill of Materials.
(iv) Payment for the work actually performed by the CONTRACTOR, calculated
on the basis of the relative milestone achieved as derived from the
Payment Schedule specified in the Special Conditions of Contract.
(v) The cost of materials taken over by the OWNER pursuant to the provisions
of Clause 10.3 hereof.
(vi) An allowance, if any due, as determined by the Engineer-in-Charge (whose
decision shall be final) to cover the cost of CONTRACTOR’s actual
mobilisation and de-mobilisation at job site for the work to the extent
uncovered by payments under items (i) to (iv) above.
AND THE CONTRACTOR shall not be entitled to any compensation in addition to
the payments specifically provided for above, and the CONTRACTOR hereby
specifically waives any and all contrary rights and claims whatsoever.
contract. If the parties are unable to agree upon a suitable remedy, either party
may terminate the Contract by giving the other party written notice of such
termination, provided that any notice of termination by the CONTRACTOR shall
be operative only if the Engineer-in-Charge/ OWNER does not lift the suspension
within 4 (Four) weeks of receipt of the CONTRACTOR’s notice in this behalf,
and the CONTRACTOR’s notice shall so specify.
11.5 In the event of such termination being upon a suspension consequent to a default
or failure by the CONTRACTOR, the CONTRACTOR shall not be entitled to any
damage, compensation, loss of profit or other compensation whatsoever in
addition to payment for the completed supplies made and completed works done
in accordance with the terms of the Contract in accordance with the provisions of
sub-Clauses (iii) and (iv) of Clause 10.4 hereof
11.6 Except for a suspension by written order of the Engineer-in-Charge under Clause
11.1 hereof, the CONTRACTOR shall not suspend the work for any cause and
any such suspension, if occur shall be likely to be attended by consequences
under Clause 40.1.1(g) hereof.
11.7 Notwithstanding anything provided in Clause 10.0 and/or Clause 11.0 and related
Clauses thereunder, upon a cancellation of the Contract under the provisions of
Clause 10.1 hereof or termination of the Contract under provisions of Clause
11.4. hereof, the provisions of Clauses 40.3 to 40.7 hereof consequent upon
termination of Contract shall apply. Should the termination be one to which the
provisions of Clause 11.5. hereof apply, then the provision of Clauses 40.2, 40.8,
40.9, 40.10, 40.11 and 40.12 consequent upon termination of Contract shall also
mutatis mutandis apply.
12.0 WORK FRONT
12.1 The work front/ job site/ Free Issue Material (if applicable) required by the
CONTRACTOR for the performance of the works shall be handed over by the
OWNER to the CONTRACTOR sequentially in the stages meeting the
CONTRACTOR’s requirements for the works with a view that the CONTRACTOR
shall so plan his works as to perform and achieve completion in a sequential
manner without starting all the works at the same time.
12.2 To this end, within 4 (Four weeks) of the Letter of Acceptance, the
CONTRACTOR shall finalise in consultation with the Engineer-in-Charge,
sequential requirements of the work front/ job site/ Free Issue Material (if
applicable) taking into account other works concurrently being undertaken by the
OWNER at and about the same job site and/or on the performance or completion
of which the CONTRACTOR’s performance depends (the “Front Release
Programme”)
12.3 In the event that the OWNER for any reason(s) not attributable to the
CONTRACTOR, is unable to hand-over to the CONTRACTOR, the relative work
front/ job site/ Free Issue Material (if applicable) on the planned date of release
thereof as specified in the Front Release Programme, as a result of which the
CONTRACTOR is prevented from continuing with the work, the CONTRACTOR
shall give written notice thereof to the Engineer-in-Charge and the OWNER,
specifying the particular workfront/job site with reference to which the default has
occurred and specifying that notice is being given under this Clause12.3, and if
the work front/job site/ Free Issue Material (if applicable) is not there after
sufficiently made available to the CONTRACTOR within 10 (ten) days from the
receipt of such notice and the CONTRACTOR cannot commence or progress
with the work, the provisions of Clause 23.6.6 and 23.6.7 for extension of
time if so required as the CONTRACTOR’s sole remedy in accordance
with the provisions of clause 11.7.1 hereof
13.0 MATERIALS, LABOUR, EQUIPMENT AND FACILITIES
Clause No. 7. e. of GTC stands modified to the following extent:
13.1 CONTRACTOR’S RESPONSIBILITY
13.1.1 Notwithstanding anything to the contrary in the Contract Documents expressed
or implied, the CONTRACTOR shall be and remain at all times exclusively
responsible to supply all material and provide all labour, equipment, machinery
and facilities and utilities and other items and things whatsoever required for or in
connection with the work, including but not limited to those indicated by
expression or implication in the job description, Schedule of Prices, the
specifications, plans, drawings and/or other Contract documents or howsoever
otherwise as shall or may from time to time and at anytime be necessary for or in
connection with the work, either for incorporation in or within the permanent
works or relative to the execution and the performance of the work.
13.2 MATERIALS
13.2.1 The General Terms & Conditions of Contract alongwith this Special Conditions of
Contract shall, on issue of the Letter of Acceptance to the CONTRACTOR,
constitute a firm indivisible contract for the sale and supply, to the OWNER, of all
materials required for incorporation in the permanent works as determined by the
CONTRACTOR, within the scope of work, to be necessary to establish,
commission and operate (so far as concerns mandatory spares) the Plant/ Unit
delivered at site for imported materials as well as indigenous materials at the
price specified in the Price Schedule. It is hereby clarified that the said contract
shall include a contract for the sale and supply within the price of materials (and
any recoveries in respect thereof under any policy of insurance) of all materials
required for the replacement of any defective materials and any materials lost,
damaged or destroyed during transit, storage, fabrication, erection or otherwise
prior to the issue of the Completion Certificate.
13.2.2
a) Contractor shall be required to issue tax invoice in accordance with GST
Act and/or Rules so that input credit can be availed by Owner. In the event
that the Contractor fails to provide the invoice in the form and manner
prescribed under the GST Act read with GST Invoicing Rules thereunder,
Owner shall not be liable to make any payment against such invoice.
b) The Supplier’s invoices t o C o n t r a ct o r for imported materials shall include
the cost of all pre-delivery tests and third party inspections charges,
However the subsequent CONTRACTOR’s invoice shall include the
CONTRACTOR’s procurement charges.
within any local limits, for which purpose the OWNER shall give the
CONTRACTOR and/or CONTRACTOR’s designate(s) any and all
authority(ies) as may be reasonably required in this behalf. There will be no
materials under the scope of Contract which will be directly consigned to
Owner, unless otherwise specifically mentioned elsewhere in the tender.
The OWNER will not issue/provide Road Permits/e-Way bill /Entry
Permits/Transit Permitsto the CONTRCTOR except in respect of material
directly purchased by the OWNER.E-way bills, if applicable, from the
designated date shall be required to be filed on the Common Portal by the
CONTRACTOR and / or CONTRACTOR’s designate(s). Contractor and /
or CONTRACTOR’s designate(s) to ensure the validity of the e-way bill
during the transit of the goods. Owner’s decision on acceptance of E-way
bill shall be final and binding on the Contractor.
VI. All other acts, deeds, matters and things whatsoever ancillary, auxiliary or
incidental to the above including but not limited to the grading of the site
and/or creation of temporary approaches and ramps etc. as may be
required.
VII. Anti-dumping Duty and Safeguard Duty as applicable on Imported material
shall be in the Contractor’s scope. The OWNER will not bear any liability
towards payment of Safeguard Duty, Anti Dumping Duty, Protective Duty
and applicable IGST on same Or Countervailing Duty on subsidized
articles or any other such duties of Customs imposed by the Government
under Customs Tariff Act, 1975 applicable on import of any materials to
India for the subject work.
14.0 GENERAL PROVISION WITH REGARD TO MATERIALS
14.1 The CONTRACTOR shall, within the scope of work, undertake the following
activities and responsibilities with respect to and in addition and without prejudice
to the activities and responsibilities under Clause 13.2 and associated clauses
there under in respect of materials
I. The CONTRACTOR shall in taking delivery, ensure compliance of any
condition for delivery applicable to deliveries from the concerned authority
or carrier, and shall be exclusively responsible to pay and bear any
detention, demurrage or penalty or other charges payable by virtue of any
delay or failure by the CONTRACTOR in lifting the materials or in observing
any of the conditions aforesaid, and shall keep the OWNER/Consultant
indemnified from and against all consequences thereof.
II. The CONTRACTOR shall maintain a day-to-day account of all materials
indicating the daily receipt(s), consumption(s) and balance of each material
and category thereof. Such account shall be in the format, if any, prescribed
by the Engineer-in-Charge and shall be supported by all documents
necessary to verify the correctness of the entries in the account. Such
account shall be maintained at the CONTRACTOR’s relative officer(s) and
site(s) and shall be open for inspection and verification (by verification of
documents in support of the entry as also by feasible verification of the
stock) at all times by the Engineer-in-Charge and his representative(s)
with authority at all times without obstruction to enter into or upon any
godown or other place(s) or premise(s) where the materials or any part of
them are lying or stored and to inspect the same himself and/or through his
representative(s).
III. All materials shall be taken delivery of, held, stored and utilised by the
CONTRACTOR as Trustee of the OWNER, and delivery of the material to
the CONTRACTOR shall constitute an e n t r u s t m e n t thereof t o the
CONTRACTOR, with the intent that any utilisation, application or disposal
thereof by the CONTRACTOR otherwise than for permanent incorporation
in the contractual works in terms of the contract shall constitute a breach of
trust by the CONTRACTOR.
IV. All materials, including materials in respect of which licences/release
orders/permits/authorisation have been accorded in the name of the
OWNER shall, without prejudice to the responsibility/liability of the
CONTRACTOR in respect thereof, vest in the OWNER at the time when
it/they would have ordinarily vested in the OWNER on a direct delivery to
the OWNER, and the CONTRACTOR shall be deemed to be acting on
behalf of the OWNER and as an agent of the OWNER in respect of
deliveries taken by the CONTRACTOR
V. Deleted
VI. The CONTRACTOR shall at all times be exclusively responsible for any
and all losses, damages, deterioration, misuse, wastage, theft, or other
application or misapplication or disposal of the materials or any of them
hereof and shall keep the OWNER/Consultant indemnified from and
against the same and shall forthwith at its own cost and expenses replace
any such material, lost, damaged, deteriorated, misused, wasted, stolen,
applied, mis-applied and/or disposed as aforesaid with other material of
equivalent quality and quantity delivered at the CONTRACTOR’s risks and
costs in all respects.
VII. OWNER will take MCE policy and the bidder is free to take additional
coverage depending on their risk appetite. For the Materials in
Contractor’s possession and in his Warehouse/ Fabrication Yard (taken on
lease / hired by CONTRACTOR in his name), the CONTRACTOR shall
take out, at his own cost, Insurance policy(ies) for the full replacement
value of such materials and keep in force at all times during transit,
handling, storage and up to such time as the Owner’s MCE Policy takes
over the insurance. Such policies shall be in the joint names of the
OWNER and the CONTRACTOR, with exclusive right in the name of
OWNER to receive all monies due in respect of such policy(ies) and
with the right in the OWNER (but without obligation to do so) to take out
and pay the premia for any such policy(ies) and deduct the premia and any
other costs and expense in this behalf from the monies for the time being
due or in future becoming due to the CONTRACTOR.
a) Notwithstanding anything herein provided, the CONTRACTOR shall be
and remain solely and exclusively liable to repair, restore or replace,
Project surplus/ left over materials will have a notional value (which
will be based on purchase price of previous Purchase Orders or as
mutually decided by Owner and Contractor). This value shall be only
for the purpose of tax compliance.
e) Any project left over items, which are no longer required for project
and which has insignificant residual value, should be suitably
disposed of or be destroyed off by the Contractor, with prior approval
of Owner.
f) If the project left over/ surplus materials are not removed by the
Contractor from the Project site, within a period of 2 (two) months
after due intimation by Owner/Owner's representative to Contractor to
do so, Owner shall be free to dispose these left over/ surplus project
materials at its sole discretion without any recourse available to the
Contractor. Notwithstanding the same, value realized from disposal of
project left over/surplus project materials not so removed by
Contractor shall be retained by the Owner and Contractor shall not
raise any claim in any manner whatsoever for the value so realized
by Owner.
No other surplus material will be allowed to be taken out and deemed to be
the property of the OWNER and the same shall be transported properly to
the OWNER’s store or as directed by OWNER. Accordingly, the quoted
prices shall be deemed to be inclusive of the same.
X. If the CONTRACTOR shall default in replacing at the job site, free of any
cost to the OWNER, any material lost, damaged, deteriorated, misused,
wasted, short, stolen, misapplied or disposed of within the provisions hereof
above, or shall fail to return to the OWNER any surplus material or empties
within the provision hereof above, the CONTRACTOR shall be liable to pay
to the OWNER the cost of such materials or empties delivered at OWNER’s
stockpile/godown plus departmental charges calculated at 15% (Fifteen
percent) of the said costs determined by the Engineer-in-Charge, and the
decision of the Engineer-in-Charge as to such cost shall be final and binding
upon the CONTRACTOR.
XI. To enable OWNER to avail Input Tax Credit (ITC), the
CONTRACTOR/supplier shall furnish/submit any and all certificates,
documents and declarations as are required by OWNER to avail of the ITC.
14.2 Bills of Materials
14.2.1 The CONTRACTOR shall within (7) seven weeks from the date of acceptance of
bid, furnish to the OWNER a detailed Bill of Materials specifying the materials,
which on preliminary determination made by the CONTRACTOR, will be
required to be incorporated in the permanent works in order to establish the
Works/Unit and to operate the Plant/Unit (to the extent of the mandatory spares),
including construction materials.
14.2.2 Each item entered in the Bill of Materials shall be priced, so far as possible, in
conformity with the details given in this behalf in the priced bid. The Bill of
Materials and said price break–up therein and in the price bid are intended only
to form a basis for the purpose of calculating on account payments and for
calculating payments due to the CONTRACTOR under Clause10.4 hereof upon
cancellation of contract, and for no other purpose.
14.2.3 The OWNER shall review or cause to be reviewed the prima facie adequacy,
sufficiency, validity and/or suitability of the materials listed in the Bill of Materials
for the works for which they are intended, and of the prices indicated in the Bill of
Materials in respect thereof. Such review shall be performed in conjunction with
the design, engineering, specification and other technical reviews to be done by
the OWNER and all provisions applicable thereto with reference to critical
drawings shall be applicable to the review of the Bill of Materials.
14.2.3.1 The priced Bill of Materials as approved by the OWNER shall constitute the Bill of
Materials envisaged i n the contract documents. However, no such approval
shall, in any manner, absolve the CONTRACTOR of his full responsibility under
the contract to sell and supply to the OWNER at and within the price of materials
quoted in the Price Schedule, all materials required for the permanent
incorporation in the works and which are required to establish, commission and
operate(to the extent of mandatory spares) the Plant/Unit in accordance with the
contract and the specifications, complete in all respects including spares, tools,
tackles and testing equipment, so far as included within the scope of supply,
whether or not any particular material is actually included within or omitted in the
Bill of Materials and whether or not the price thereof is included in the price
indicated in the Bill of Materials and whether or not the price thereof is
inconformity with the price thereof indicated in the Bill of Materials. The review
and approval of the Bill of Materials and the prices therein are intended only for
the satisfaction of the OWNER that the priced Bill of Materials, prima-facie covers
the materials required to be supplied by the CONTRACTOR within the scope of
supply.
14.2.3.2 The Bill of Materials shall be subject to amendment in both items and prices in so
far as necessary consequent upon any amendment in any relevant related
technical particulars, and upon any amendment, the amended Bill of Materials
as approved by the OWNER, shall thereafter constitute the Bill of Materials as
envisaged in the contract documents, provided that unless the amendment
results from a Change Order and/or Agreed Variation, no such amendment shall
anywise impose any liability on the OWNER to pay customs and other import
duties in excess of the customs and other import duties payable on the value of
imported materials as indicated in the Price schedule/Schedule of Price but for
such amendment.
15.0 SUPPLY OF MATERIALS
15.1 The CONTRACTOR shall supply the materials required to be supplied within the
Contractor’s scope of supply for incorporation in the permanent works in
accordance with and to meet the requirements in quality, quantity and other
particulars of the descriptions, specifications, plans, drawings, designs and other
documents applicable thereto, and the CONTRACTOR shall be deemed to have
undertaken that all materials selected, procured and supplied by the
CONTRACTOR within the scope of supply shall be of the best quality and
workmanship and shall be capable of producing the designed and desired results
and to perform the designed and desired functions to meet the contractual
requirements in all respects for the project.
15.2 The CONTRACTOR shall undertake and complete the supply of materials within
the scope of supply to meet the scheduled progress and requirements of the
work within the scope of work, and on no account later than the delivery dates in
this behalf specified in the Delivery Schedule.
15.3 Within 6 (Six) weeks from the date of issue of the Letter of Acceptance, the
CONTRACTOR shall submit to the OWNER for approval in respect of each work
or groups of work, a detailed Delivery Schedule in Graphical or other suitable
form giving dates of starting and finishing the various supplies relative to the
work, providing sufficient margin to cover for contingencies. The Engineer-in-
Charge and the CONTRACTOR shall thereafter, within 2 (Two) weeks settle the
Delivery Schedule which shall form part of the contract with attendant obligations
upon the CONTRACTOR to make the various deliveries/supplies involved on or
before the date(s) mentioned in respect thereof in the Delivery Schedule and
default by the CONTRACTOR to make within the prescribed date(s) any supply
shall be deemed to be a breach by the CONTRACTOR to which the provisions of
clause 40.1 hereof relating to termination of contract shall be applicable, but
without prejudice to any other right or remedy that OWNER may have on this
behalf.
15.4 All materials shall be deemed to have been accepted only when the material is
received at the project site and accepted by the Engineer-in-Charge. Such
acceptance shall however, be subject to the terms and conditions hereof,
including the right of rejection and/or replacement as elsewhere herein specified.
15.5 If the CONTRACTOR fails to submit to the OWNER a Delivery Schedule as
envisaged above or if the Engineer-in-Charge and the CONTRACTOR shall fail
to agree upon the Delivery Schedule as envisaged above, then the Engineer-in-
Charge shall in consultation with the CONTRACTOR so far as reasonably
feasible, prepare the Delivery Schedule as best as he can and the dates of
delivery as fixed by the Engineer-in-Charge shall be final and binding upon the
CONTRACTOR except as herein otherwise expressly provided. The Engineer-in-
Charge shall issue the Delivery Schedule so prepared to the CONTRACTOR,
and the provisions of Clause15.3 hereof shall apply there to as though it was an
approved Delivery Schedule.
15.6 Any reference in the contract documents to the “approved Delivery Schedule” or
to the “Delivery Schedule” shall mean the approved Delivery Schedule specified
in Clause 15.3 above or the Delivery Schedule prepared and issued by the
Engineer-in-Charge as specified in Clause 15.5 above, whichever shall be in
existence.
15.7 Within 1 (one) Week of the occurrence of any act, event or omission which, in the
opinion of the CONTRACTOR, is likely to lead to delay in the commencement or
completion of delivery of any particular material or of all material and is such as
would entitle the CONTRACTOR for an extension of the time specified in this
behalf in the Delivery Schedule(s), the CONTRACTOR shall in form the
17.6 Notwithstanding that any area(s) or source(s) has/have been suggested by the
OWNER to the CONTRACTOR from which any material for incorporation in the
works can be obtained, the CONTRACTOR shall independently satisfy himself of
the suitability, accessibility and sufficiency of the source(s) of supply suggested
by the OWNER and suitability of the material available from such source(s) with
the intent that any suggestion as aforesaid shall not anywise relieve the
CONTRACTOR of his full liability in respect of the suitability and quality of the
material(s) obtained from said source(s) and the Contractor shall obtain
material(s) there from and incorporate the same within the permanent works
entirely at his own risks and costs in all respects, with the intent that any such
suggestion by the Owner shall only be by way of assistance to the Contractor
and shall not entail any legal responsibility or liability upon the OWNER.
18.0 MATERIALS WITHIN OWNER’S SCOPE OF SUPPLY
Clause No. 7. f. of GTC stands replaced by following:-
18.1 The OWNER does not warrant or undertake the provision of any materials and
the CONTRACTOR shall not imply, by conduct, expression or assurance or by
any other means, any promise or obligation on the part of the OWNER in this
respect understood by the CONTRACTOR. Any free issue material (FIM) shall
be governed by provisions as specified elsewhere in this Special Conditions of
Contract (SCC).
19.0 LAND, POWER, WATER AND OTHER FACILITIES:
19.1 The provisions of Land, Power, Water and Other Facilities shall be as per Annexure –
XXVI of this SCC.
20.0 SHIPPING AND OTHER DOCUMENTS
20.1 Without prejudice to any other obligations of the CONTRACTOR under the
Contract, and in addition to any other documents required to be furnished by the
CONTRACTOR under the Contract, the CONTRACTOR shall, in respect of all
items and materials imported into India, after making necessary payments to
Customs and clearing the consignments, obtain and furnish to the OWNER,
along with his monthly invoices, the following documents (hereinafter for the
sake of brevity collectively referred to as the “the said documents”) according to
the provisions of the following clauses, namely:
I. Invoice and any other document as required under Applicable Laws
(including but not limited to GST Laws)
II. Clean Bill of Lading/Air way bill ;
III. Packing lists/Mill Tally Sheets;
IV. Certificate of origin(If applicable) and other relevant documents relating to
the identification of the materials
V. Consular’s Invoice, if necessary;
VI. Export License/documents, if applicable; and
VII. Phytosanitary Certificate (in original) for packing material as per
International norms
VIII. Third party inspection release note
road, rail and/or sea and during storage at CONTRACTOR’s own warehouse
and at the site, as the case may be, till the time of erection. Without prejudice to
any other liabilities or obligations of the CONTRACTOR, the CONTRACTOR
shall be responsible for all damage(s) to the materials due to improper packing.
21.1.2 The CONTRACTOR shall notify the OWNER and Engineer-in-Charge of the date
of each shipment from the port of embarkation as well as of the expected date of
arrival of such shipment at the designated port of arrival only for the
OWNER’s/Engineer-in-Charge’s information.
21.1.3 The CONTRACTOR’s notification shall give complete shipping information
concerning the weight, size and content of each package and such other
information as the OWNER may require.
21.1.4 The packing material used should be duly certified by a Phytosanitary Certificate
issued as per international norms.
21.2 INDIGENOUS SUPPLIES
21.2.1 The CONTRACTOR shall, wherever applicable, after proper painting, pack and
crate all items in such a manner as to protect them from deterioration and
damage during rail and road transportation, during storage at CONTRACTOR’S
own warehouse and at the site, as the case may be till the time of erection.
Without prejudice to any other liabilities or obligations of the CONTRACTOR, the
CONTRACTOR shall be responsible for all damage(s) due to improper packing.
21.2.2 The CONTRACTOR shall notify OWNER/Engineer-in-Charge of the date of each
shipment from the works and expected date of arrival at the site for the
information of OWNER/ Engineer-in-Charge.
21.2.3 The CONTRACTOR’s notification shall also give all shipping information
concerning the weight, size and content of each packing and such other
information as the OWNER/ Engineer-in-Charge may require.
21.2.4 The following documents shall be sent to the OWNER/Engineer-in-Charge within
3 (three) days from the date of shipment:
Tax invoice (2 copies)
Packing List (2 copies)
Test Certificate (4 copies)
Railway Receipt/Lorry Receipt (2 copies)
Insurance Certificate (2 copies) or copy of CONTRACTOR’s Policy
Third Party Inspection Release Note or Inspection Certificate as per QAP
approved by OWNER/ Engineer-in-Charge or waiver certificate issued by
OWNER/ Engineer-in-Charge (2 copies).
21.3 EQUIPMENT
21.3.1 The CONTRACTOR shall be exclusively responsible to arrange for importation
into India in its own name on drawback or re-export or other basis all equipment,
if any, required to be imported into India for the purposes of the work and to pay
and bear the customs, import and other duties and levies (if any) payable thereon
or in respect thereof, and will be solely responsible for the timely and proper
compliance of all applicable terms and conditions and formalities relative thereto.
21.3.2 The CONTRACTOR shall within 4 (Four) Weeks from the date of receipt of
Acceptance of Bid, furnish to the Engineer-in-Charge a list of the said equipment
which he proposes to import into India on a draw-back/re-export basis for the
purposes of the work, together with complete details thereof. The OWNER may
without obligation or responsibility render such assistance as may be reasonably
required by the CONTRACTOR from the OWNER to enable the CONTRACTOR
to obtain the relative Import License(s)/Permit(s) for the importation of the said
equipment on a draw-back/re-export basis.
21.4 MISCELLANEOUS IMPORTS
21.4.1 The CONTRACTOR shall be exclusively responsible at his own costs and
initiative to arrange for importation into India, to import into India, to pay Custom
duties EC, SHEC. GST compensation cess ( If applicable ) and IGST and Port
and other charges and levies, to clear from Customs and to transport to job site
all consumables, spares for the CONTRACTOR’s equipment and other materials
and things provided that the OWNER may, without obligation or responsibility,
render the CONTRACTOR such assistance by way of recommendation to the
Import Control authorities in India or otherwise as may be reasonably required by
the CONTRACTOR from the OWNER to enable the CONTRACTOR to obtain
Import License(s)/Permit(s) for importation of such consumables, spares,
material and other items as the OWNER considers necessary for importation by
the CONTRACTOR for the purpose of the Contract, taking into account local
availability.
21.4.2 Any obligation undertaken or recommendation, facility or assistance provided by
the OWNER to the CONTRACTOR for or in relation to the importation of any
equipment or material whatsoever into India by or on behalf of the
CONTRACTOR pursuant to the provisions hereof or otherwise shall be without
any responsibility or liability whatsoever upon the OWNER and without right in
the CONTRACTOR to raise any claim or demand or to seek extension of time on
account of any delay or failure on the part of the OWNER or any delay or failure
by the CONTRACTOR in obtaining Import License(s) and/or permits for
importation thereof into India.
21.4.3 All materials and equipment Imported into India by or on behalf of the
CONTRACTOR for and in connection with the work and any obligation
undertaken or recommendation, facility or assistance provided by the OWNER
relative thereto shall be on the clear understanding that the materials and
equipment shall be utilised only for and relative to the performance of the work
covered by the Contract.
21.4.4 All the equipment and temporary works and materials when brought to or erected
on the job site, shall be exclusively intended for execution of works and the
CONTRACTOR shall not remove the same or any part thereof, except for the
purpose of moving it from one part of the job site to another, without the prior
consent in writing of the Engineer-in-Charge.
21.4.5 Upon completion of the works, the CONTRACTOR shall within the scope of
work remove from the job site all the equipment and temporary works remaining
thereon.
21.4.6 All equipment, materials and temporary works shall at all times be and remain at
the risks of the CONTRACTOR in all respects. The OWNER shall not, at anytime,
be liable for the loss or destruction of or damage to any equipment, temporary
works or materials for any reason whatsoever.
22.0 TAXES, DUTIES AND OTHER LEVIES
a) Clause No. 7.d.2. of GTC and 15.6 of GTC stands modified to the extent of
provisions as per Annexure – XXIV of this SCC.
23.0 PERFORMANCE OF WORKS
Notwithstanding anything to the contrary stated in the relevant provisions in the
General Terms & Conditions of Works Contract, under clause 5 and its sub-
clauses thereunder, the following additional clauses shall be applicable
23.1 GENERAL
23.1.1 All works shall be performed and executed by the CONTRACTOR in strict
conformity with the job description(s), Specification(s), Plan(s), drawing(s),
design(s) and other contract documents applicable to the specific work(s) and
any relative instructions as may be issued to the CONTRACTOR by the
Engineer-in-Charge from time to time.
23.1.2 The Engineer-in-Charge shall be entitled from time to time or at any time, at his
discretion, to issue written orders or instructions to the CONTRACTOR relative to
the performance and/or execution of work(s) by the CONTRACTOR or
otherwise, relative to any matter touching or affecting the Contract or arising
there from and to revise or revoke any orders or instructions previously issued,
and the CONTRACTOR shall, subject to the provisions of the clause no. 23.1.3
given below, obey and/or abide thereby.
23.1.3 Should the CONTRACTOR require any clarification in respect of any orders or
instructions issued by the Engineer-in-Charge, or should there appear to the
CONTRACTOR to be any contradiction between any orders or instructions
issued by the Engineer-in-Charge and the Contract documents or any of them,
the CONTRACTOR shall refer the matter immediately in writing to the Engineer-
in-Charge for his decision before proceeding further with the work and the
decision of the Engineer-in-Charge on any such matters shall be final and
binding upon the CONTRACTOR, who shall perform the work accordingly,
without entitlement to any claim against or compensation from the OWNER
resultant upon such order, instruction or decision.
23.1.4 The CONTRACTOR shall, within 4 (Four) weeks of receipt of notification of
acceptance of bid, name Engineer(s) responsible for the work at the job site on
behalf of the CONTRACTOR. The said Engineer(s) of CONTRACTOR shall be
the representative(s) of the CONTRACTOR at the job site for and relative to all
actions and transactions and dealings on behalf of the CONTRACTOR and to
whom all plans, designs, drawings, orders and instructions or other documents or
communications for or relative to the job site may be given, with the intent that all
transactions and dealings had with the said Engineer(s) shall be deemed to have
been had with the CONTRACTOR, and any and all plans, drawings, orders,
instructions, documents or communications delivered to said Engineer(s) shall
be deemed to have been delivered to the CONTRACTOR. The CONTRACTOR
shall also independently or from amongst the said Engineer(s) designate one
person to be the CONTRACTOR’s Project Manager with whom the OWNER may
also deal with as the CONTRACTOR’s representative in the manner specified
above, and who is authorized to take decisions on behalf of the CONTRACTOR
and to co-ordinate amongst the aforesaid Engineer(s) of the CONTRACTOR.
23.1.5 The CONTRACTOR shall also nominate, at the job site, a Deputy Site
Representative (which nomination shall also be subject to the approval of the
Engineer-in-Charge) to deputize for the CONTRACTOR’s Representative(s)
during periods of unavoidable absence.
23.1.6 The CONTRACTOR shall also provide and maintain, at or about the job site, an
office for the working accommodation of the CONTRACTOR’s engineer and
staff. Such office shall remain open and attended at all hours during which work
is being performed at the job site, for the receipt of instructions, notices, and
other communications.
23.1.7 The CONTRACTOR shall, within the scope of work erect and/or cause to be
erected any and all temporary works, ancillary works and enabling works,
including preparing approaches and working areas for movement and operation
of cranes, preparing and levelling areas for assembly and erection , dewatering
of surface and sub-soil water and protection of existing works, drains, pipes,
trenches, cables overhead and underground works and other facilities and
utilities falling within the job site and/or approximate thereto and repair and/or re-
placement of any and all existing works, drains, pipes, trenches, cables, wires
and facilities and/or utilities damaged or destroyed by the CONTRACTOR or
which may have to be temporarily or permanently diverted or re-routed to enable
the contractual works.
23.1.8 The CONTRACTOR shall co-operate with and afford the OWNER and other
contractors engaged at site, access to the work and shall supply at cost as
determined by the Engineer- in-Charge (whose decision will be final), power and
water for the performance of the work entrusted to them and/or for the carriage
and storage of materials by them and whenever any work by the CONTRACTOR
is being done in association, collaboration or in proximity with any other
contractors, the CONTRACTOR shall co-operate with the OWNER or other
contractor(s)/agency(ies) involved in such work and shall ensure the harmonious
working between the CONTRACTOR and the
OWNER/CONTRACTOR(s)/agency(ies) involved, and shall comply with any
instructions issued by the Engineer-in-Charge for the purpose.
23.1.9 The OWNER shall be entitled, at its discretion, to appoint one or more engineers
and/or other personnel at or about its job site on behalf of the OWNER to do
such acts, deeds, matters and things as may be necessary to safeguard the
OWNER’S interests including (but not limited to), at the discretion of the
OWNER, supervision and testing of the works being conducted by the
CONTRACTOR at the job site and/or for rendering such assistance to the
CONTRACTOR relative thereto as the OWNER or such Engineer(s) or personnel
shall or may deem fit, it being understood, however, that the presence of any
engineers or personnel of the OWNERS at or about the job site for any
supervision, inspection or test performed or conducted by any such engineer(s)
or any personnel of the OWNER in respect of any work(s) or any other
assistance rendered by such engineer(s) and/or personnel to the
CONTRACTOR relative thereto, shall be without any attendant obligation or
liability of the OWNER vis-à-vis the CONTRACTOR, nor shall relieve the
CONTRACTOR of his/its full responsibility in respect of the work(s) under the
contractor bind the OWNER to accept as satisfactory or complete and/or in
accordance with the contract, any work(s) performed by the CONTRACTOR
which has/have been supervised, inspected, tested or assisted by the said
engineer(s) and/or personnel of the OWNER.
23.1.10 If the CONTRACTOR’s work or any part thereof shall be consequent or resultant
upon any works performed by any other person or shall be in continuance thereof
or otherwise based or founded or dependant thereon, the CONTRACTOR shall
before commencing with his/its work, bring to the notice of the Engineer-in-
Charge, in writing, any defects existing in said prior works.
23.1.11 It is an express condition of this Contract that the CONTRACTOR shall not
engage the services of the other contractors and/or their employees/workers
presently working in the Refinery, without prior written permission of the Owner.
23.2 THE JOB SITES
23.2.1 The CONTRACTOR shall provide, fix and be responsible for the maintenance of
all stakes, templates, level marks, profiles and the like and shall take all
precautions necessary to prevent their removal or disturbance and for their
efficient and timely reinstatement. The CONTRACTOR shall also be responsible
for the maintenance of all survey marks, boundary marks, distance marks,
whether existing or supplied/fixed by the CONTRACTOR.
23.2.2 Before commencing the work, the CONTRACTOR shall at his/its own cost and
initiative provide all necessary reference and level posts, pegs, bamboos, flags,
ranging rods, strings and other materials for proper layout of the work in
accordance with the scheme for benchmarks acceptable to the Engineer-in-
Charge. The centre, longitudinal or faceline and cross line shall be marked by
means of small masonry pillars. Each pillar shall have a distinct mark at the
centre to enable a theodolite to be set over it. No work shall be started until all
these points are approved by the Engineer-in-Charge in writing, but such
approval shall not relieve the CONTRACTOR of any of his responsibilities in
respect of the adequacy or accuracy thereof. The CONTRACTOR shall also
provide all labour, material, tools and other facilities necessary for the proper
checking of layout and inspection of the points during construction.
23.2.3 The CONTRACTOR shall be exclusively responsible for the provision and
maintenance of horizontal and vertical alignments and levels and for the
correctness of every part of the work in accordance therewith and shall, at his
own cost, rectify any error or imperfections therein.
other protection as shall or may be necessary for work during adverse weather
conditions.
23.5.6 The CONTRACTOR shall also arrange and bring to job site and install such
pumps and special equipment and machinery as may be necessary to enable
work during the monsoon or adverse weather conditions and shall, at his own
cost and initiative, arrange for dewatering the job sites so as to keep the
construction site and areas to be worked upon free of water.
23.5.7 The CONTRACTOR shall not be entitled to any extra compensation or
remuneration for or relative to any work during the monsoon or adverse weather
conditions or for or relative to any special arrangements to be made and/or
equipment or machinery to be brought to the job sites and/or operated to enable
such workings.
23.5.8 The completion of work may entail working in monsoon also. The contractor must
maintain the necessary work force as may be required during monsoon and plan
to execute the job in such a way the entire project is completed within the
contracted time schedule. No extra charges shall be payable for such work
during monsoon. It shall be the responsibility of the contractor to keep the
construction work site free from water during and off the monsoon period at his
own cost and expenses.
23.6 TIME FOR COMPLETION
23.6.1 The CONTRACTOR shall complete in all respects in accordance with the
Contract, the entire work within the time specified in this behalf in the Time
Schedule given in Annexure- I to this SCC.
23.6.2 Within 4 (Four) weeks from the date of receipt of notification of acceptance of Bid
the CONTRACTOR shall submit to the OWNER for approval a detailed Progress
Schedule in graphical or other suitable form, giving dates of starting and finishing
of various operations and works within the scope of work, providing sufficient
margin to cover for contingencies and for final testing and commissioning and
consequential repairs, replacement and/or supply. The Engineer-in-Charge and
the CONTRACTOR shall thereafter within another 14 (Fourteen) days settle the
Progress Schedule and the Progress Schedule so settled shall be the approved
Progress Schedule and shall form part of the contract with attendant obligations
upon the CONTRACTOR to commence the various works/operations involved on
or before date(s) mentioned in this behalf in the approved Progress Schedule
and to conclude the said works/operations on or before date mentioned in this
behalf in the approved Progress Schedule and default by CONTRACTOR to
commence or complete within prescribed date(s) any work or operation shall be
deemed to be a breach by the CONTRACTOR to which the provisions of clause
40.1 hereof relating to termination of contract shall apply, but without prejudice to
any other rights or remedies which the OWNER may have in this behalf.
23.6.3 The said Progress Schedule(s) to be submitted to the Engineer-in-Charge for
approval shall be accompanied as part thereof by a document which will list,
relative to each operation, the labour, machinery and equipment to be employed
by the CONTRACTOR to achieve the desired rate of progress, it being
understood, however, that the quantity and types therein indicated shall merely
constitute an indication of minimums, and shall not any wise absolve the
CONTRACTOR from his/its obligations to complete the work in all respects within
the time for completion specified in this behalf elsewhere in the bid documents
and/or to employ additional labour, machinery and equipment necessary to
achieve the desired rates of progress and/or to complete the work within the
specified time.
23.6.4 If the CONTRACTOR shall fail to submit to the OWNER a Progress Schedule as
envisaged above or if the Engineer-in-Charge and CONTRACTOR shall fail to
agree upon the Progress Schedule as envisaged above, then the Engineer-in-
Charge shall in consultation with the CONTRACTOR prepare the Progress
Schedule (the dates of progress as fixed by the Engineer-in-Charge being final
and binding upon the CONTRACTOR except as herein otherwise expressly
provided), and shall issue the Progress Schedule so prepared to the
CONTRACTOR, and the provisions of clause 23.6.2 shall apply relative thereto
as though it was as approved Progress Schedule
23.6.5 Any reference in the contract documents to the “approved Progress Schedule” or
to the “Progress Schedule” shall mean the “approved Progress Schedule”
specified in clause 23.6.2 above or the “Progress Schedule” prepared and issued
by the Engineer-in-Charge as specified in clause 23.6.4 above, whichever shall
be in existence.
23.6.6 Within 7 (Seven) days of the occurrence of any act, event of omission which, in
the opinion of the CONTRACTOR, is likely to lead to delay in the
commencement or completion of any particular work(s) or operation(s) or the
entire work at any job site(s) and is such as would entitle the CONTRACTOR to
an extension of time specified in this behalf in the Progress Schedule(s), the
CONTRACTOR shall inform the Engineer-in-Charge, in writing, of the occurrence
of the act, event or omission and the date of commencement of such occurrence.
Thereafter, if even upon the cessation of such act or event or the fulfilment of the
omission, the CONTRACTOR is of the opinion that an extension of the time
specified in the Progress Schedule relative to particular operation(s) or item(s)
or works or the entire work at the job site(s) is necessary, the CONTRACTOR
shall, within 7(Seven) days after the cessation or fulfilment as aforesaid, make a
request to the Engineer-in-Charge for extension of the relative time specified in
the Progress Schedule. The Engineer-in-Charge may on such request at any
time prior to completion of the works extend the relative time of completion in the
Progress Schedule for such period(s) as he considers necessary, if he is of
opinion that such act, event, or omission constitutes a ground for extension of
time in terms of the Contract and that such act, event, or omission has in fact
resulted in insurmountable delay to the CONTRACTOR. The opinion/decision of
the Engineer-in-Charge in this behalf and as to the extension necessary shall
subject to the provisions of clause 23.6.7 hereof, be final and binding upon the
CONTRACTOR.
23.6.7 Notwithstanding the provisions of clause 23.6.6 hereof, the OWNER may at any
time after final completion of the Unit or works in all respects of its own initiative
consider a request for extension of time made by the CONTRACTOR to the
23.7.1.7 Contractor agrees with the Owner, that the above represents a genuine pre
estimate of the damages which the Owner will suffer on account of delay in
the performance of the work by Contractor. The Contractor further agrees
that the price reduction amount is over and above any right which owner
has to risk purchase under Clause 12.4 of General Terms & Conditions of
Works Contract and any right to get the defects in the work rectified at the
cost of the contractor.
23.7.2 EXCESS CONSUMPTION OF UTILITIES
23.7.2.1 In the event that the total consumption/generation of respective utility as detailed
in Annexure-II to SCC exceeds the guaranteed utility consumption/generation by
more than as specified in FORM SP-10 of Schedule of Prices, then the
CONTRACTOR shall first remedy/rectify the problem or make necessary
replacements within such time as may be fixed on this behalf by the Engineer-in-
Charge after consulting the CONTRACTOR, so as to ensure that the
consumption/generation of utility is brought within the guaranteed utility
consumption/generation. If even after remedy/rectification / replacement of the
equipment the total utility exceeds the guaranteed utility
Consumption/generation, the OWNER shall be entitled to remedies/penalities as
defined in Annexure-II to these Special Conditions of Contract.
23.7.2.2 The Contractor shall not be entitled to any extension of time for any
remedy/replacement/rectification as specified above
23.8 SCHEDULE OF ACTIVITIES
23.8.1 The CONTRACTOR shall within 4 (Four) weeks from the date of issue of the
Letter of Acceptance, furnish to the OWNER a detailed Schedule of Activities
specifying in detail the various activities which the CONTRACTOR would be
required to perform and the milestones with respect to each which the
CONTRACTOR would have to achieve in order to set-up, complete, establish and
successfully commission the UNIT/ works in accordance with the Contract.
23.8.2 Each activity entered in the Schedule of Activities and each milestone therein shall
be priced so as to break-up so far as possible, the Lumpsum Price of services into
various priced milestones of achievements and priced activities required to
achieve those milestones. The Schedule of Activities and the said priced break-up
of activities therein are intended only to provide a basis for the purpose of
calculating on account payments for services and for calculating payments due to
the CONTRACTOR under clause 10.4 hereof upon cancellation of Contract, and
for no other purpose.
23.8.3 The prices in Schedule of Activities shall be in conformity with the price(s) quoted
by the CONTRACTOR for the various activities and the Contractual provisions for
on account payments.
23.8.4 The OWNER shall review or cause to be reviewed the prima facie adequacy,
sufficiency, validity and/or suitability of the activities listed in the Schedule of
Activities for the works for which they are intended, and of the prices indicated in
the Schedule of Activities in respect thereof. Such review shall be performed in
conjunction with the design, engineering, specification and other technical reviews
to be done by the OWNER and all provisions applicable thereto shall be
targets upto the previous month and the steps being taken and to be taken to
catch up and the catch up plan of the CONTRACTOR relative thereto. The said
Report shall also indicate in a separate statement, the equipment(s) received at
the jobsite during the previous month, the date of receipt of each equipment at site
and whether the equipments have been erected or deployed or not.
23.9.3 The failure by the CONTRACTOR to submit the reports as specified in Clause
23.9.2,23.9.2.1,23.9.2.2 and/or 23.9.2.3 shall:
(i) disentitled the CONTRACTOR from submitting any Running Account Bill or
other Bill or Invoice for material or equipment or for work done until the
CONTRACTOR shall have duly made up any short fall in the compliance(s).
(ii) constitute a breach of contract under Clause 40.1.1 (e) of the SCC
23.9.4 The receipt and/or acceptance of any such report by the Engineer-in-Charge
and/or the OWNER shall be without prejudice to the full rights and remedies of
OWNER and obligations/liabilities of CONTRACTOR under the Contract, and shall
not anywise operate as and stopped against OWNER by reason only of the fact
that no notice or objection was taken of any information contained in any such
report; nor shall any statement in any such report be deemed to be correct merely
by virtue of the existence of such statement, and it being uncontroverted by the
OWNER or the Engineer-in-Charge.
23.10 QUALITY ASSURANCE/QUALITY CONTROL PROGRAMME
23.10.1 The CONTRACTOR sh a ll establish, document and maintain an effective Quality
Assurance Programme conforming to ISO9001. Within 4 (Four) weeks of the issue
of the Letter o f acceptance, a detailed Quality Assurance Programme
conforming to the said specifications to be followed for the execution of the
contract shall be submitted by the CONTRACTOR to the Engineer-in-Charge for
approval.
23.10.2 The Quality Assurance Programme, plans and procedures shall be furnished in
the form of a QA manual. This document should cover details of the personnel
responsible for the quality assurance plan or procedures to be followed for quality
control in respect of design, engineering, procurement, supply, work(s),
fabrication, installation, testing and commissioning. The quality assurance system
should indicate organizational approach for Quality Control and quality assurance
of the construction activities, at all stages of work at site as well as at
manufacturer’s works and dispatch of materials.
23.10.3 The Engineer-in-Charge shall review the Quality Assurance Programme within
3(three) weeks of receipt.
23.10.4 The CONTRACTOR shall within the Scope of Supply, arrange for and carry out
inspection activities in respect of imported equipment/ materials through an
approved Third Party Inspection Agency. Third party inspection shall be carried
out by TPI office of the country(ies) from where materials are being procured/
sourced. The Third Party shall within its scope of work, examine the existence,
correctness and completeness of all test and other certificates and Reports
required to be furnished under the approved Quality Assurance Procedure (QAP),
the applicable codes and specifications and the contract documents.
23.10.5 Payments to be made to the Third Party Inspection Agency shall be the
responsibility of the CONTRACTOR. The responsibility for ensuring inspection/
testing as per specifications, approved documents and agreed QAP and plans
shall be that of the CONTRACTOR. Inspection activities of the Third Party
Inspection Agency shall be coordinated by the Inspection Coordinator of the
CONTRACTOR.
23.10.6 The CONTRACTOR shall ensure the following to maintain utmost quality in
supply of equipment/materials:
a) No supply will be accepted unless drawings (wherever required) are
approved under Code-1
b) The Inspection Agency shall carryout inspection based on Code-1 approved
drawings and approved QAP.
c) The Inspection Release Note issued by the Inspection Agency shall clearly
stipulate that materials/equipment(s) has/have been inspected as per Code-1
approved drawings and approved QAP, and that the Certificate and Reports
referred to in Clause 23.10.4 which have been examined by the Inspection
Agency are correct and complete and have been signed by the Inspection
Agency in token thereof. Payment shall be released only after receipt of the
said Release Note from the Inspection Agency.
d) No clearance shall be given to the CONTRACTOR for erection works or for
installation of the equipment without receipt of the Inspection Release Note
as indicated in para (c) above
e) Pre-commissioning and commissioning of the plant and equipment and of the
UNIT shall be undertaken only after complete satisfaction/verification of
supplies as per final approved drawings (Code-1) and QAP (Code-1).
23.10.7 The CONTRACTOR has to ensure the deployment of quality Assurance and
Quality Control Engineer(s) depending upon the quantum of work. This QA/QC
group shall be fully responsible to carry out the work as per standards and all
code requirements. In case the Engineer-in-charge feels that QA/QC Engineer(s)
of the CONTRACTOR or any of them are in competent or that the designated
Engineer(s) are insufficient, the CONTRACTOR shall deploy other experienced
Engineer(s) to the satisfaction of Engineer-In-Charge.
23.10.8 If the CONTRACTOR fails to comply with the requirements of the QAP and the
above provisions or to follow the instructions of Engineer-in-charge under Clause
23.10.7, the next payment due to him shall not be certified, or if already certified,
shall not be released unless the CONTRACTOR complies there with to the
satisfaction of Engineer-in-charge.
23.10.9 If Third Party Inspection is specifically excluded from the CONTRACTOR’s
responsibility under the Contract, the inspection shall be carried out by the
Engineer-In-charge (EIC) or by any other Inspection Agency nominated by the
OWNER, and Cl. 23.10.4, 23.10.5, 23.10.7 and 23.10.8 shall stand accordingly
modified.
employed for the performance of the particular work with full responsibility on
CONTRACTOR for all acts, omissions and defaults of the Sub-Contractor.
25.3 Subject as herein above in this behalf specifically permitted and provided, the
CONTRACTOR shall not sub-contract or sub-let or assign any work under the
Contract, and any sub-contract or sub-let in breach hereof shall be deemed to
be an assignment of the Contract or part or portion thereof sub-contracted, as
the case may be.
25.4 If any sub-contractor engaged upon the work at the site executes any work
which in the opinion of the Engineer-in-Charge is not of the requisite standard
(the opinion of the Engineer-in-Charge being final in this behalf), the Engineer-
in-Charge may after consulting the CONTRACTOR, by written notice to the
CONTRACTOR require the CONTRACTOR to terminate such sub-contract,
and the CONTRACTOR shall upon the receipt of such notice, terminate such
sub-contract at the risks and cost of the CONTRACTOR, and shall keep
OWNER indemnified against the consequences
25.5 Notwithstanding such sub-contract being approved by Engineer-in Charge as
herein envisaged, the CONTRACTOR shall, at the commencement of every
month, furnish the Engineer-in- Charge with a list of all sub-contractors
engaged and working at the site during the previous month, with particulars of
the general nature of the works performed by them.
26.0 SUB-CONTRACTOR FOR CONSTRUCTION WORKS
26.1 Following the issue of the Letter of Acceptance, the CONTRACTOR will submit
to the OWNER and Engineer-in-Charge for approval the details of sub-
Contractors for construction in the Format prescribed by the OWNER for the
purpose. The CONTRACTOR shall ensure that only competent and
resourceful agencies with proven track record and performance should be
proposed for the work to be sub-contracted.
26.2 The list of construction sub-contractors proposed by the Bidders in the Bid
shall be considered as indicative only.
26.3 Subject to the provisions of IFB/NIT, A minimum of the following construction
activities shall be performed by the CONTRACTOR directly and shall not be
sub-contracted:
(i) Total Project Management
(ii) Planning, Scheduling, Monitoring
(iii) Procurement: (except for procurement of Cement, Steel and aggregate)
(iv) Quality Assurance including HSE
(v) Construction Management
(vi) Mechanical Completion, Pre-commissioning, Start up and Commissioning
26.4 Additionally, the CONTRACTOR must deploy its own manpower for planning,
supervision and quality of works at site including Project Manager(s), Quality
Control Engineer(s) for various disciplines, Planning Engineer(s) and front line
supervisors for Civil, Electrical, Mechanical, Piping and Instrumentation jobs.
28.0 MISCONDUCT
28.1 If and whenever any of the CONTRACTOR’s or Sub-contractor’s agents, sub-
agents, assigns, consultants or employees shall in the opinion of the Engineer-
in-Charge (whose opinion in this behalf shall be final), be guilty of misconduct
or be incompetent or indifferently qualified or negligent in the performance of
his/their duties, or if in the opinion of the Engineer-in-Charge (which shall be
final), it is undesirable for any reason (which need not be disclosed to the
CONTRACTOR) for such person(s) to be employed in the works, the
CONTRACTOR, if so directed by the Engineer-in-Charge, shall forthwith
remove or cause to be removed such person(s) from employment thereon, and
any person(s) so removed shall not be re-employed in the works except with
the prior permission in writing of the Engineer-in- Charge. Should the
CONTRACTOR be requested to repatriate any person removed from the
works, the CONTRACTOR shall do so forthwith at his own cost. Any person(s)
so removed from the works shall be immediately replaced at the expense of
CONTRACTOR by a qualified and competent substitute.
28.2 The CONTRACTOR shall keep the OWNER/Consultant indemnified from and
against all personal and third party claims whatsoever (inclusive of all costs
incurred between attorney and client) arising out of any act or omission on part
the of any sub-contractor or agent, sub-agent, consultant or employee of the
CONTRACTOR or any Sub-contractor, whether committed, omitted or arising
within or without the scope of the contract, sub-contract, agency or
employment, as the case may be.
29.0 INSPECTION AND TESTING OF MATERIALS
29.1 All materials to be supplied by the CONTRACTOR within the scope of supply
shall each be individually inspected, tested and analysed in terms of the
specifications, applicable codes and the relevant practices specified therein or
elsewhere in the contract document by expression or implication.
29.2 Inspection, tests and analysis shall be carried out in so far as possible, at the
place of manufacture, production or fabrication of the materials, at the cost of the
CONTRACTOR/ manufacturer.
29.3 In each and every instance, the CONTRACTOR shall give the OWNER and its
specified representatives, adequate advance (minimum 15 days) notification of
the schedule of inspection or test so that the OWNER/its representative may
witness the same. The CONTRACTOR shall afford the OWNER/its authorised
representatives, access to any and all parts of manufacturer’s facilities or other
places where manufacture, production or fabrication is being done, of any
material intended for supply within the scope of supply.
29.4 The OWNER shall be entitled at all times whether prior to despatch of stores, by
itself and/or through inspectors appointed by the OWNER to inspect, test and/or
analyse and/or to direct the manufacturers to inspect, test and/or analyse, any
materials used or proposed to be used in the manufacture, production or
fabrication of any material to be supplied by the CONTRACTOR within the scope
of supply. The said inspection, test and analysis as far as required, shall be
conducted in the presence of the inspector. The manufacturer shall ensure that
the inspecting personnel referred to above are given free access to all the
required places and information connected with their work, besides working
facilities to carry out their functions. The said inspection, test and analysis shall
be so conducted as not to interfere with the manufacturer’s normal production.
29.5 The OWNER shall be entitled at any time at the risk of the CONTRACTOR to
inspect and/or test by itself or through any independent person(s) or agency(ies)
appointed by the OWNER any materials, items and components whatsoever
supplied or proposed to be supplied for incorporation in the works
29.6 Further, the OWNER may, if he so considers necessary for reasons to be
recorded in writing, direct the CONTRACTOR to conduct such inspection or tests
in addition to the inspection/ tests specified in the Contract or the applicable
codes, standards and/or practices. The inspection and/or tests, if conducted by
the CONTRACTOR, shall be conducted at the expense of CONTRACTOR and
may be directed by the OWNER to be conducted by agency(ies) nominated by
the OWNER. Such tests may include destructive and/or non- destructive tests by
ultrasonic, electromagnetic, radiological, visual and other means.
29.7 Where the manufacture or fabrication of any materials intended for incorporation
in the works is being done by any person(s) other than the CONTRACTOR,
and/or in the premises/workshop of any person other than the CONTRACTOR,
the CONTRACTOR shall procure and arrange for the inspection or testing and/or
analysis thereof by such other person(s) and shall provide the OWNER and/or its
authorised representative(s) every facility and assistance necessary for the
inspection and/or testing thereof.
29.8 The CONTRACTOR shall also, on receipt of intimation or any communication of
any inspection or tests by the OWNER or any agencies nominated by the
OWNER in this behalf, present himself or his authorised representative(s) at the
place of inspection and/or testing to receive any orders or instructions
consequent thereto, as shall be necessary.
29.9 The CONTRACTOR shall furnish to the OWNER and/ or agency specified by the
OWNER for the purpose of inspection or approval when requested, or as
required by the inspection or other contract documents, adequate samples of all
materials and finishes intended for incorporation in the works. Such samples
shall be submitted before the work is commenced, permitting sufficient time for
tests/examination(s) thereof by the OWNER. All materials furnished and finishes
incorporated in the work shall conform to the approved sample(s) in all respects.
29.10 The CONTRACTOR/manufacturers including their authorised
Subcontractors/Suppliers shall make available to the OWNER and any other
individual/agency authorised by the OWNER, for the purpose of inspection, all its
records and results in respect of inspection, test and analysis conducted by it as
part of their manufacturing and testing operations under the applicable codes
and practices
29.11 Should the manufacturers fail to comply with any of the provisions aforesaid
relating to inspection, testing and/or analysis, the OWNER shall be entitled by
itself and/or through inspect or to conduct the inspection, test and/or analysis at
the risk and expense of the manufacturer/CONTRACTOR in all respects.
in-Charge shall have the power to inspect or cause to be inspected the works in
all respects at any and all times upto completion of the works, as also, to test or
to instruct the CONTRACTOR to test the works or any structure, material or
component thereof at the risk and cost of the CONTRACTOR, either by the
CONTRACTOR or by any agency(ies) nominated by the Engineer-in-Charge in
this behalf.
30.1.1 The CONTRACTOR shall provide all facilities, instruments, material, labour and
equipment required for testing the work (including checking the setting out of the
works) and shall afford the Engineer-in-Charge all assistance necessary to
conduct or have conducted the inspection and tests.
30.1.2 The CONTRACTOR shall also provide and keep at all times during the progress
of the work and maintenance period, proper means of access to the works and
every part thereof by means of ladders, gangways etc. And the necessary
attendants to move and setup the same as directed by the Engineer-in-Charge
for inspection or measurement of the works.
30.2 On no account shall the CONTRACTOR proceed with cover up or otherwise
place beyond reach of inspection, test or measurement any work before
necessary inspection entries are filled in the Site Inspection Register by the
Engineer-in-Charge or his authorised representative. Should the CONTRACTOR
do so, the same shall be uncovered at CONTRACTOR’S risk and expense for
carrying out of the inspection, test and/or measurement.
30.3 Should the CONTRACTOR fail to comply with any provisions foregoing relative to
inspection and/or testing of the works, the Engineer-in-Charge shall in his
absolute discretion been titled to remove, dismantle and/or uncover, as the case
may be, at the risk and cost of the CONTRACTOR, such cover-up thereof
installed, erected or put up by the CONTRACTOR and to conduct or have
conducted the test(s) and/or examination at the risk and cost of the
CONTRACTOR. In such event the CONTRACTOR shall also bear the risk and
cost of the replacement, re installation or re-erection of the concerned work(s) or
part thereof, as case maybe.
30.4 Notwithstanding anything provided in the foregoing clauses hereof, the
CONTRACTOR shall be and remain liable at his own cost and initiative to
conduct all tests at all relevant times during performance, erection and
installation of any work(s), as shall be required in terms of the contract
documents or the codes, standards or practices referred to therein, or as
reasonably required by the Engineer–in-Charge, such tests to be conducted
through agency(ies) or Laboratory(ies) specified or approved by the Engineer in-
Charge in this behalf
30.5 Should the Engineer-in-Charge on inspection or test be not satisfied with the
quality or workmanship of any work(s), or any part thereof (the decision of the
Engineer-in-Charge being final in this behalf), the CONTRACTOR shall
reperform, replace, re-install and/or re- erect, as the case may be, such work(s)
or part as the case may be and no such rejected work(s) or part shall be used or
reused with reference to the works except with the prior permission of the
31.7 As and from the date of issue of Performance Test Certificate, the OWNER shall
be deemed to have taken over the work(s) as mentioned in the Performance
Test Certificate but without prejudice to CONTRACTOR’s liability under clause
32.4 hereof. In respect of works where Commissioning is in the CONTRACTOR’s
scope and Performance Test is not in the CONTRACTOR’s scope, the OWNER
shall be deemed to have taken over the works as and from the date of successful
commissioning of the works and stated in the Commissioning Certificate, but
without prejudice to the CONTRACTOR’s liability under Clause 32.4 hereof. In
respect of works which are not required to be commissioned by the
CONTRACTOR, the OWNER shall be deemed to have taken over the works as
and from the date of successful completion of the final tests and stated in the
Final Test Certificate, but without prejudice to the CONTRACTOR’s liability under
Clause 32.4 hereof.
31.8 If during Final Tests and/or pre-commissioning, startup, commissioning and/or
Performance Tests or at any time prior thereto, any defect(s) in the design or in
any work performed or structure erected or component installed or in any
installation or erection(s) or material(s) incorporated in the works is/are noticed,
the CONTRACTOR shall forthwith within the scope of the work remove and/or
demolish the same and re-perform, replace, re-install and re-erect the same and
otherwise do and provide whatever is necessary to be done to correct, repair
and/or rectify the defect(s) to the satisfaction of the Engineer-in-Charge, and if
the defect(s) be discovered during Final Tests or commissioning or
Performance Tests, the CONTRACTOR shall thereafter repeat the Final Tests
or commissioning or Performance Tests or such of them as may be required
to be repeated, and so on until successful conclusion of Final Tests,
commissioning of the total system without defect, and/or successful completion
of the Performance Tests. Any and all lubricants, consumables and spares
required for commissioning the UNIT and to undertake the Performance Tests
shall be provided by the CONTRACTOR within the scope of supply.
31.8.1 Should the CONTRACTOR fail to correct, repair or rectify any defects as
aforesaid, the provision of Clause 30.7 hereof shall mutatis mutandis apply as for
defects under Clause 30.5.
31.9 Notwithstanding anything provided in Clause 31.7, Clause 31.8 and Clause
31.8.1 hereof, the OWNER shall be entitled without prejudice to any other rights
of the OWNER or liabilities of the CONTRACTOR under the foregoing provisions
hereof or otherwise under the Contract, including the rights of the OWNER under
clause 23.7 hereof and associated clause thereunder and clause 40.1 hereof
and associated clauses thereunder:
I. If by reason of any default on the part of the CONTRACTOR a
Commissioning Certificate and/or Performance Test Certificate has not
been issued in respect of the entire works within 4 (Four) weeks after the
date fixed for completion of the entire works in the Progress Schedule(s),
to take over and use any portion of works in respect of which
Commissioning Certificate and/or Performance Test Certificate has not
been issued, with or without affording the CONTRACTOR further
other costs and expenses incurred in this behalf by the Owner from the monies
for the time due or payable or becoming due or payable to the Contractor.
PROVIDED ALWAYS THAT:
(i) Notwithstanding anything herein provided, the CONTRACTOR shall be and
remain solely and exclusively liable to repair, restore or replace, as the case
may be, works (including the materials therein incorporated) damaged or
destroyed as a result of any force majeure or other act or omission,
notwithstanding the existence or otherwise of any policy(ies) of insurance
aforesaid, with the intent that any policy(ies) of insurance aforesaid taken
out by the CONTRACTOR or by the OWNER on default by the
CONTRACTOR, shall not anywise absolve the CONTRACTOR from his full
liability under Clause 32.4 hereof or otherwise but shall constitute merely an
additional security and not a substitution of liability.
(ii) It shall be the exclusive responsibility of the CONTRACTOR to lodge and
pursue any or all claims in respect of the insurance aforesaid.
(iii) The CONTRACTOR shall, as a condition to the certification of any Running
Account Bill, satisfy the OWNER/ Engineer-in-Charge of the existence of
one or more policy(ies) of insurance covering the materials as specified
herein. The policy(ies) of insurance aforesaid shall cover all insurable risks
including but not limited to any loss or damage in handling at storage point,
transit from storage point, storage at job site and during erection and upto
issue of Completion Certificate against theft, pilferage, riot, civil commotion,
force majeure (including earth quake, flood, storm, cyclone, tidal wave,
lightening and other adverse weather conditions), accidents of kinds, fire,
war risks and explosion.
Notwithstanding anything herein provided the Provisions of clause No. 65.0
shall also be applicable.
32.6 APPLICATION OF PROCEEDS OF INSURANCE
(a) Proceeds of any policy(ies) of insurance received by the OWNER pursuant
to Clause 14.1(vii) or Clause 32.5 hereof shall be utilized at the sole
discretion of the OWNER either for payment to the CONTRACTOR for
repair, restoration or replacement, as the case may be, of the relative
materials or works, or to meet the costs of repair, restoration or
replacement in the event of the CONTRACTOR refusing or failing or
neglecting to undertake such repair, restoration and/or replacement, as the
case may be, without prejudice to any other right or remedy available to the
OWNER in respect of such default, failure or neglect.
(b) If the CONTRACTOR repairs, restores or replaces, as the case may be, the
lost, damaged or destroyed materials or works affected to the satisfaction of
the OWNER, the CONTRACTOR shall be entitled to the disbursement by
the OWNER of the full monies received by the OWNER under the relative
policy(ies) of insurance with respect to such materials or works repaired,
restored or replaced, as the case may be, by the CONTRACTOR.
months from the date of correction, repair, rectification, replacement and/or re-
installation thereof, as the case may be, with the intent that the provisions of
Clause 33.2 hereof and associated provisions thereunder shall apply thereto in
respect of all defects discovered during a period of 12 (Twelve) months from the
date of completion of the relative correction, repair, rectification, replacement
and/or re- installation, as the case may be, in the same manner and to the same
extent as applicable in respect of the original works. For the purpose of
clarification, it is stated that such extended defect liability period shall be
applicable only to the particular work, system, material, component or other
item corrected, repaired rectified, replaced, re-performed or re-installed, as the
case may be (example: if the bearings of an equipment are replaced, the
extended defect liability shall be applicable only with respect to the bearings,
while the basic defect liability period shall be applicable to the relative
equipment).
33.4 Should the CONTRACTOR fail to fulfil his obligations under Clause 33.1, 33.2
and / or 33.3 and associated clauses there under, the provisions of Clause 30.7
hereof shall mutatis mutandis apply.
33.5 In fulfilment of the CONTRACTOR’s obligations relative to defects, the
CONTRACTOR shall so arrange the working as to cause the least inconvenience
to the OWNER in operating the UNIT and/or avoid shut-downs thereof except
during the periods of planned shut-down or idleness in the course of normal
operation of the system (s).
34.0 CONTRACTOR’S GUARANTEES
34.1 The guarantees herein set forth are without prejudice and in addition to any other
guarantees or liabilities of the CONTRACTOR. The CONTRACTOR guarantees
and undertakes that:
34.2 GENERAL
(i) The UNIT designed, supplied and installed and/or erected by the
CONTRACTOR shall on operation under local conditions when operated
under the specified operating conditions operate to the desired capacity to
produce the desired product(s) of desired purity(ies) and quantity(ies) at
desired economy(ies). Excluded from the scope of this guarantee are
defects and shortcomings arising wholly out of defects in design(s)
furnished by a Process Licensor other than CONTRACTOR.
(ii) The materials supplied and incorporated in the UNIT including plant and
machinery and instruments shall be of good quality and workmanship and
shall conform in all respects to the specifications and the provisions of the
Contract.
(iii) The work performed pursuant to the Contract including civil and associated
work shall be of good quality and workmanship and shall conform in all
respect to the specifications and the provisions of the Contract.
(iv) The plant, machinery and systems incorporated in the UNIT shall be so
designed and arranged that even after the expiry of the said 2 (Two) years
period, the spares, spare parts and/or suitable replacement parts shall be
d. Fabrication/manufacturing workmanship
e. Engagement of experienced, reliable and qualified suppliers, engineers
and/or sub- Contractors.
34.5 PERFORMANCE GUARANTEE
34.5.1 The CONTRACTOR is not responsible for the process guarantees of the
LICENSOR. However, within and to the extent applicable to the scope of supply
& work, the CONTRACTOR shall be responsible for performance guarantees of
the UNIT in terms of product quality and design and rated capacities, including
turndown capacity and facilities/systems incorporated therein as well as for
guaranteed consumption of power. This guarantee shall cover the guaranteed
mechanical performance for each and every related equipment, their efficiencies
and their performance as laid down in the Process Package including guarantee
for power consumption. Equipment which does not perform to the guarantees
shall, in consultation with the OWNER/ Engineer-in-Charge either be replaced or
altered or repaired in parts or components or wholly (including dismantling,
transportation, erection, hook-up, commissioning etc.) within the relative scope of
supply and/or services at no extra cost to the OWNER and without entitlement of
extension of time to the CONTRACTOR. Although the CONTRACTOR is not
responsible for process guarantees, he shall carry all activities in collecting the
required data during Performance Tests or other process guarantee runs to
identify problems of non-performance, for further analysis and modifications
required to meet process performance parameters.
34.5.2 The CONTRACTOR shall select the equipment considering the economy of
power consumption and minimum effluent or pollution discharge.
34.5.3 All instruments required to establish performance are within the CONTRACTOR’s
scope of contract at no extra cost to the OWNER.
34.5.4 The CONTRACTOR shall provide a list of laboratory test procedures and
frequencies thereof required for validating the CONTRACTOR’s Performance
Guarantees.
34.5.5 Performance tests shall be started when the operation of the UNIT is stabilized
under design conditions. The UNIT shall be operated and controlled in
accordance with procedures setup beforehand. One or more performance tests
shall be carried out for a maximum of 120 hours under the technical direction of
OWNER/Licensor and/or their designated representatives after successfully
commissioning the UNIT in accordance with the procedures and conditions
detailed in the Bid documents. At the end of the performance tests, an
uninterrupted period of 72 hours shall be selected by OWNER/ Engineer-in-
Charge and average results obtained during that period shall form the basis of
comparison between the actual performance and the Guaranteed performance..
34.5.6 (a) If on any testing, any material or equipment or the UNIT does not meet
the design, rated or guaranteed performance relative thereto, the
CONTRACTOR shall forthwith, within the CONTRACTOR’s scope of
Work and at no additional cost to the OWNER, undertake such additional
tests and/or operations as are necessary to identify the cause of such
failure. Such tests and/or operations shall be conducted in conjunction
with the Process Licensor, if the UNIT as a whole fails to meet the
Process Licensor’s process guarantees.
(b) If as a result of such tests and/or operations it is determined that the
design, rated and/or guaranteed outputs or capacities have not been met
because of a defect in any material(s) (including plant and equipments)
supplied by the CONTRACTOR, the CONTRACTOR shall forthwith in
consultation with the Engineer-in-Charge take steps necessary to cause
the defect to be identified and rectified, either by replacement of the
defective material, plant or equipment or part there of or by repair or
replacement thereof. After such repair/replacement is carried out, the
guarantee performance tests shall be repeated. The costs for such
repeated tests (including charges payable to the Process Licensor or any
other agency) shall be borne by the CONTRACTOR. The CONTRACTOR
shall forthwith establish a Time Schedule acceptable to the Engineer-in-
Charge for such replacement/rectification bearing in mind the exigencies
of the Project requirement. Should the CONTRACTOR fail to establish
such Time Schedule, the Engineer-in-Charge shall establish the Time
Schedule, and the Time Schedule so established shall be binding on the
CONTRACTOR.
(c) Should the CONTRACTOR thereafter fail to adhere to a Time Schedule
so established for the replacement/rectification, the OWNER may (but
without obligation to do so) takeover in whole or part such
replacement/rectification at the risk and cost of and as agent of the
CONTRACTOR. In so doing, the OWNER shall be entitled to identify and
employ through private negotiations, the quickest available resources of
supply and/or Work without resorting to the tender process or any other
form of competitive bidding.
34.6 COMMISSIONING
34.6.1 The CONTRACTOR shall be responsible to commission the UNIT and to prove
the CONTRACTOR’s performance guarantees with respect thereto. The
commissioning shall, to the extent necessary, be carried out under the
supervision of Licensor, Engineer-in-Charge and with the assistance of the
OWNER’s personnel. The CONTRACTOR shall, within his responsibilities for
and the scope of Commissioning the UNIT, train OWNER’s personnel at the site
of the UNIT in such number and for such period as the CONTRACTOR
considers reasonably necessary for Commissioning the PLANT.
34.6.2 It is envisaged that the UNIT will be commissioned within Time period for
Commissioning specified in Annexure-I to SCC, and the mobilisation and/or
a) In case any Operation and maintenance spares are required during defect
liability period the same shall be provided by the Contractor free of cost to
the Owner without any implication/tax liability to the Owner.
b) The CONTRACTOR shall, within 3 (three) months of finalisation of all the
suppliers by the CONTRACTOR, furnish to the OWNER the current price
list for O&M spares for 2 (two) years operation beyond the Defect Liability
Period as recommended by manufacturers of various equipment (other than
commissioning, mandatory and O&M spares required during the defect
liability period). Price lists of these spares are intended for information
purpose only shall not be included in quoted Lumpsum Price.
35.0 MEASUREMENTS, CERTIFYING INSPECTIONS AND PAYMENTS
35.1 CERTIFYING INSPECTIONS
All provisions herein after referred to in Clauses 35.2 in respect of measurement
shall mutatis mutandis apply to all inspections required to be made in order to
qualify the CONTRACTOR for any payment(s) under the Contract and any
reference in the said clauses to measurements shall, for the purpose of this
clause, be deemed to be a reference to certifying inspections and any reference
therein to the measurement book shall, for the purpose of this clause, be
deemed to be a reference to the certifying inspection book.
35.2 MEASUREMENT
Clause 7.a. of GTC stands replaced with following:
35.2.1 All measurements shall be in the metric system, and except where expressly
indicated to the contrary in the Contract, all measurements shall be taken in
accordance with the procedure set forth in the Contract documents
notwithstanding any provision(s) in the relative standard method of measurement
or any other general or local custom to the contrary.
35.2.2 All measurements shall be taken jointly by the Engineer-in-Charge or his
representative on the one hand and the CONTRACTOR or his representative on
the other hand, and the CONTRACTOR shall be bound to present himself or his
authorised representative for measurement(s) whenever so required by the
Engineer-in-Charge or his designated representative, and shall remain present
throughout the time required for joint measurements.
35.2.3 If the CONTRACTOR absents himself for any reason whatsoever on any date
appointed for joint measurements, the joint measurements shall be taken by the
Engineer-in-Charge or his representative in the absence of the CONTRACTOR
and such measurements signed by the Engineer-in-Charge or his representative
shall be final and binding upon the CONTRACTOR. Such a measurement shall
not be questioned by the Contractor and no dispute can be raised by the
Contractor for purpose of Arbitration.
35.2.4 Measurements shall be signed and dated on each page by the
CONTRACTOR/CONTRACTOR’s representative and Engineer-in-Charge or his
representative. If the CONTRACTOR objects to any of the measurements
recorded, including the mode of measurement, such objection shall be noted in
the Measurement Book/Sheet against the item objected to and such note shall be
35.3.5 Payments of the amount(s) due on the Final Bill to the extent certified by the
Engineer-in- Charge, shall be made within12(Twelve) weeks from the due date
as specified in Clause 35.3.4 hereof, subject to the deductions provided in
Clause 35.3.5.1.
35.3.5.1 All payments due to the CONTRACTOR on the Final Bill shall be subject to
deduction of “on- account” payments and other amounts due from
CONTRACTOR to the OWNER, tax deductions as provided for in Clause 35.6.2
and associated clauses thereunder, and any other deduction provided for herein
or agreed to between the parties or required to be made under any law, rule or
regulation having the force of law for the time being applicable, or elsewhere
provided for in the Contract documents.
35.4 PRICE SCHEDULE/ SCHEDULE OF PRICES
35.4.1 The remuneration determined due to the CONTRACTOR as provided for in
Clause 35.3.1 hereof shall constitute the entirety of the remuneration and
entitlement of the CONTRACTOR in respect of the work under the Contract, and
no further or other payment whatsoever shall be or become due or payable to the
CONTRACTOR under the Contract.
35.4.2 Without prejudice to the generality of the provisions of Clause 35.4.1 hereof, the
Price Schedule and Lumpsum Price shall be deemed to include and cover
(unless otherwise expressly specified to the contrary in any contract
document(s)):
35.4.2.1 All costs, expenses, outgoings and liabilities of every nature and description
whatsoever and all risks whatsoever (foreseen or unforeseen, including force
majeure) to be taken or which may occur in or relative to execution, completion,
testing, commissioning and/or handing over the works to the OWNER and/or
in or relative to acquisition, loading, unloading, transportation, storing,
working upon, using, converting fabricating, or erecting any item, equipment,
system, material or component in or relative to the works, and the
CONTRACTOR shall be deemed to have known the nature, scope, magnitude
and the extent of the works and items, materials, equipment, and components
required for the proper and complete execution of the works though the Contract
documents may not fully and precisely set out, describe or specify them, and the
generality hereof shall not be deemed to be anywise limited, restricted or
abridged because in certain cases the Contract documents or any of them shall
or may and/ or in other cases they shall or may not expressly state that the
CONTRACTOR shall do or perform any particular labour or service or because
in certain cases the Contract documents state that a particular work, operation,
supply, labour or service shall be performed/made by the CONTRACTOR at his
own cost or without additional payment, compensation or charge or without
entitlement of claim against the OWNER or words to similar effect, and in other
cases they do not, or because in certain cases it is stated that the same are
included in or covered by the Price Schedule and in other cases it is not so
stated.
35.4.2.2 The cost of all construction and related vessels, craft, vehicles, movements,
plant, equipment, supply of water and power, construction of temporary roads
site and/or access roads and approaches thereto, suspension of work, sabotage
and other cause whatsoever.
35.4.2.7 The cost of all inspections, tests and certificates relative thereto including third
party tests and/or inspections where necessary, and of items, instruments, plant
and/or tools and appliances required to conduct such inspection and tests.
35.4.2.8 The cost of all materials supplied and/or intended for incorporation in the works
supplied within the scope of work, delivery thereof to the job site, loading,
transportation and unloading thereof, waste on materials, and return of empties
and surpluses.
35.4.2.9 The cost of all escalations(foreseen and unforeseen)including but not limited to
increase in Government taxes and duties, labour costs and material costs and
other inputs whatsoever, except for new, altered or increased taxes elsewhere
specifically provided for in these Special Conditions of Contract or other
Contract document(s).
35.4.2.10 All supervision charges, establishment’s overheads, finance charges and other
costs and expenses and charges to the CONTRACTOR, and the
CONTRACTOR’s profit of and relative to the work and/or supply.
35.4.2.11 The cost of all deductions, reductions, discounts, adjustments and withholdings
whatsoever under or in connection with the Contract.
35.4.3 The rates stated in the Price Schedule and the lumpsum price(s) shall not be
subject to escalation or increase for any reason whatsoever.
35.4.4 Notwithstanding any provision to the contrary in these conditions, the Engineer-
in-Charge may at his absolute discretion agree to accept as complete any
incomplete works or items of work performed or supply made by the
CONTRACTOR at variance with the specifications, subject and upon the terms
and conditions of this clause. Upon such acceptance in writing by the Engineer-
in-Charge, such works/materials shall be deemed to have been accepted as
complete (but without prejudice to any right(s) of the OWNER or obligation(s) of
the CONTRACTOR relative thereto under the Contract) subject to the terms and
conditions of this clause. The conditions of such acceptance shall be that the
CONTRACTOR shall be entitled to reduced remuneration therefor only as
determined by the Engineer-in-Charge in accordance with the provisions of
Clauses 7.2 hereof, and the provisions of the said clause shall in all respects
mutatis mutandis apply to such work and/or supply, as the case may be, and for
the determination of the reduced remuneration to the CONTRACTOR in respect
thereof, provided always that the remuneration therefor shall on no account
exceed the Lumpsum price or remuneration therefor payable under the Price
Schedule in respect of the relative completed works or supply.
35.5 ADVANCE AND ON ACCOUNT PAYMENT
35.5.1 Without prejudice to the provisions of Clause 35.3.4 hereof, the OWNER shall by
way of assistance to the CONTRACTOR, make “advance” or “on-account”
payments to the CONTRACTOR during the progress of the work and/or supply
on the basis of Running Account Bills or otherwise as elsewhere more
specially provided for in the Contract documents.
35.5.2 The following provisions shall apply with respect to “advance” payments to
the CONTRACTOR:
35.5.2.1 Advance(s) paid to the CONTRACTOR shall carry interest at the rates specified
in the Special Conditions of Contract, and shall be adjustable (without prejudice
to the any other mode of recovery) from the Running Account Bills of the
CONTRACTOR as provided in the Special Conditions of Contract.
35.5.2.2 The advances paid to the CONTRACTOR shall be used for execution of this
contract only and the CONTRACTOR shall satisfy the OWNER in this regard
whenever required. If it is found that an advance has been utilised by the
CONTRACTOR in whole or part for any other purpose, the OWNER may at its
discretion forth with recall the entire advance and, without prejudice to any other
right or remedy available to the OWNER, recover the same by recourse to any
Bank Guarantee(s).
35.5.3 The approved Bill of Materials shall form the basis for the calculation of “on-
account” payments with respect to supplies of materials. It is understood,
however, that the Bill of Materials or approval thereof by the OWNER shall not in
any way relieve the CONTRACTOR of its full responsibility to supply to the
OWNER within the scope of supply, any and all materials whatsoever required
for the performance of the work within the scope of work, or otherwise
howsoever confine the responsibility of the CONTRACTOR within the scope of
supply to the supply of materials indicated in the Bill of Materials, nor shall it
otherwise be assumed or be deemed or construed as an acceptance by the
OWNER of the adequacy or sufficiency of the materials listed in the Bill of
Materials to meet the quantitative and/or qualitative requirements of the
materials required to be supplied by the CONTRACTOR under the scope of
supply or otherwise in any manner operate to bind the OWNER or to limit the
liability of the CONTRACTOR, such Bill(s) of Materials being designed only to
provide a basis for making “on account” payments to the CONTRACTOR for
materials supplied, with a view that the OWNER shall make “on account”
payments to the CONTRACTOR for the various materials supplied on the basis
thereof in the manner and at the time in this behalf provided for in the contract.
35.5.4 The approved Schedule of Activities shall form the basis for the calculation of on
account payments with respect to services/works performed by the
CONTRACTOR. It is however understood that the Schedule of Activities or
approval thereof by the OWNER shall not in any way relieve the CONTRACTOR
of his full responsibility to perform within the scope of services/works whatsoever
is required for the performance of the work covered by the scope of work or
otherwise however confine the responsibility of the CONTRACTOR to the
performance of the services indicated in the Schedule of Activities, nor shall
otherwise be assumed or be deemed or construed as an acceptance by the
OWNER of the adequacy or sufficiency of the work/activities listed in the
Schedule of Activities to meet the quantitative and/or qualitative requirements of
services required to be performed or work required to be done by the
CONTRACTOR under the scope of services or otherwise in any manner operate
to bind the OWNER or to limit the liability of the CONTRACTOR, such Schedule
35.5.8 All “on account” payments shall be subject to deduction of previous payments
on account and of all claims of the OWNER, adjustments and/or deductions
provided for in the Contract or agreed to between the parties, tax deductions
and any other deductions required to be made under any law, rule or
regulation for the time being in force.
35.5.9 All “advance” and “on account” payments shall be regarded merely as
advance payments against the amounts due to the CONTRACTOR in terms
of the Contract, and any such payments shall be without prejudice to the full
rights of the OWNER under the contract and the liabilities of the CONTRACTOR
thereunder, and specially shall not be regarded as an acceptance or completion
of any works or the acceptance of any materials paid for in terms of any Running
Account Bill or otherwise, notwithstanding any verification or certification by the
Engineer-in-Charge or otherwise in respect thereof.
35.5.10 Except as elsewhere herein to the contrary provided, the Schedule of Activities
or Bill of Materials or other criterion applied by the CONTRACTOR in respect of
any work or supply in his Running Accounts Bill(s) or acceptance thereof by the
Engineer-in-Charge in verifying the bill in respect of such work or supply or
criterion applied shall not be deemed to be binding upon the OWNER as
determining the completeness, acceptance or price payable for relative work or
supply.
35.5.11 Unless or until an extension of time has been granted by the Engineer-in-charge
under Clause 23.6.6 hereof or by the OWNER under Clause 23.6.7 hereof on
account payments made under Running Account Bills raised by the
CONTRACTOR for the works executed after the expiry of the date of Mechanical
Completion of the works under the approved Progress Schedule, shall be subject
to provisional withholding of an amount towards adjustment by way of discount in
the price calculated in accordance with the provisions of Clause 23.7.1.1 hereof.
The amount so withheld shall be adjusted towards the Price Adjustment (if any)
finally determined after Mechanical Completion of the works, without prejudice to
the OWNER’s right to recover from the CONTRACTOR any shortfall between the
Price Adjustment finally determined and the amount provisionally withheld. Any
excess amount provisionally withheld in excess of Price Adjustment finally
determined shall upon such determination be paid to the CONTRACTOR.As an
alternative, the CONTRACTOR shall have an option to provide a Bank
Guarantee from a schedule bank and in a format acceptable to the OWNER for a
sum equal to 5% (five percent) of the total contract value which shall be available
for recovery of the Price Adjustment For Slippage In Completion (if any) finally
determined after Mechanical Completion of the works/Unit(s). This Bank
guarantee shall be in addition to any other guarantee to be provided by the
CONTRACTOR and shall be valid for a period of not less than 12 (twelve)
months from the date of Mechanical Completion of the works.
35.5.12 Deleted.
35.5.13 Deleted.
35.6 MODE OF PAYMENT AND TAX DEDUCTIONS
break up is not specified in the priced bid, all payments against this contract
shall be made only to the Leader of the consortium.
vi) In case of award to the consortium, only the Prime Member/leader of the
Consortium shall submit the CPBG for the entire requisite amount of the
CPBG on behalf of the Consortium. Separate CPBG’s of respective values
corresponding to their share in the Lumpsum Price from consortium
members are also acceptable, the combined CPBG shall be 10% of the
Lumpsum Price of contract. In such a case, OWNER at its discretion, has
the right to invoke any or both the CPBG’s irrespective of the default by any
or both the member(s) of the consortium.
vii) The consortium should obtain and submit its GST & IT-PAN registration.
viii) In case payment is sought directly to the members of the consortium, then
the members of the consortium should also obtain and submit their GST &
IT-PAN registration.
ix) In any situation, the Consortium and all members shall be responsible and
liable for all Direct and Indirect Tax compliances and consequences.
x) The constitution of the Consortium or the relative distribution of the Work(s)
and/or activities amongst the consortium members as approved by PMC
/OWNER shall not be altered or assigned, as the case may be except with
the prior written consent of PMC/OWNER and any contrary alteration or re-
assignment shall be deemed to be an unauthorized assignment of the
Contract with attendant liabilities including termination of the Contract.
xi) If the Consortium/ Joint venture contains a foreign member or partner,
deduction of tax at source on all payments shall be as per the rate certified
by the Indian Income Tax authorities in respect of each member/ partner for
such payments. Pending receipt of such certificate from Income Tax
Authorities, the owner shall not release any payment to the members/
partner.
xii) Payments shall be made by the OWNER to the separate members/
partners against their separate certified Invoices transmitted through the
consortium leader and any such payment shall constitute payment to the
consortium/ joint venture and shall give a valid discharge to the OWNER in
the same manner as if made directly to the Consortium Leader.
xiii) It shall be up to the consortium members/ partners claiming the separate
payments to obtain such sanctions, consents and/ or permits required from
the Reserve Bank of India or other authorities concerned to authorize
separate payments to and/or separate accounts of each consortium
member, failing of which all payments will be made only to the Consortium
leader disregarding of any agreed distribution.
36.0 CLAIMS BY THE CONTRACTOR
36.1 Should the CONTRACTOR consider that he is entitled to any extra payment or
compensation in respect of the works or supplies over and above the amounts
due in terms of the Contract as specified in Clause 35.4.1 hereof, the
CONTRACTOR shall give notice in writing of its claim in this behalf to the
Engineer-in-Charge and the OWNER within14(Fourteen) days from the date of
the issue of orders or instructions relative to anywork(s) for which the
CONTRACTOR claims such additional payment or compensation, or from the
date of the happening of any other event upon which the CONTRACTOR bases
such claim, as the case may be. Such notice shall give full particulars of the
nature of such claim, grounds on which it is based, and the amount claimed. The
OWNER shall not anywise be liable in respect of any claim by the
CONTRACTOR unless notice of such claim shall have been given by the
CONTRACTOR to the Engineer-in-Charge and the OWNER in the manner and
within the time aforesaid, and the CONTRACTOR hereby waives and
relinquishes any and all claims and all his rights in respect of any claim which is
not notified by the CONTRACTOR to the Engineer-in-Charge and the OWNER in
writing in the manner and within the time aforesaid.
36.2 The Engineer-in-Charge and/or the OWNER shall be under no obligation to reply
to any notice of claim given or claim made by the CONTRACTOR within the
provisions aforesaid or otherwise, or to otherwise reject the same, and no
omission or failure on the part of the Engineer-in-Charge or the OWNER to
reject any claim made or notified by the CONTRACTOR nor any
consideration thereof or dealing there with shall be deemed to be an admission
by the OWNER of the validity of such claim or waiver by the OWNER of the
provisions of Clause 36.1 hereof
36.3 Any or all claims of the CONTRACTOR notified in accordance with the provision
of Clause 36.1 hereof as shall remain /persist at the time of preparation of the
Final Bill by the CONTRACTOR shall be separately included in the Final Bill
prepared by the CONTRACTOR in the form of a Statement of Claims attached
thereto, giving particulars of the nature of such claim, grounds on which it is
based, and the amount claimed, and shall be supported by copy(ies) of the
notice(s) sent in respect thereof to the Engineer-in-Charge and the OWNER
under Clause 36.1 hereof. In so far as such claim shall in any material particular
be at variance with the claim notified by the CONTRACTOR within the provisions
of Clause 36.1 hereof, it shall be deemed to be a claim different from the notified
claim with consequence in respect thereof indicated in Clause 36.1 hereof, and
with consequence in respect of the notified claim as indicated in Clause 36.4
hereof.
36.4 Any and all notified claims not specially reflected and included in the Final Bill in
accordance with the provisions of Clause 36.3 hereof shall be deemed to
have been waived and relinquished by the CONTRACTOR, and the
CONTRACTOR hereby waives and relinquishes all rights to raise or include in
the Final Bill any claim(s)other than a notified claim conforming in all respects to
and in accordance with the provisions of Clause 36.3 hereof.
36.5 No claim(s) shall on any account be made by the CONTRACTOR after the Final
Bill, with the intent that the Final Bill prepared by the CONTRACTOR shall reflect
any and all claims whatsoever of the CONTRACTOR against the OWNER
arising out of or in connection with the Contractor any supply made or work
hereof on successful completion of the defect liability period. But nothing herein
stated shall affect the CONTRACTOR’s undischarged liabilities and obligations
under the Contract.
37.2 The acceptance by the CONTRACTOR of any amount paid by the OWNER to
the CONTRACTOR in respect of the notified claims of the CONTRACTOR
included in the Final Bill, in settlement of the claims of the CONTRACTOR, shall
be deemed to be in full and final settlement of all claims of the CONTRACTOR
notwithstanding any qualifying remarks, protest or condition imposed or
purported to be imposed by the CONTRACTOR relative to the acceptance of
such payment made as aforesaid with the intent that upon acceptance by the
CONTRACTOR of any payment made as aforesaid, the Contract shall stand
discharged and extinguished insofar as relates to and/or concerns the claims of
the CONTRACTOR except for the CONTRACTOR’s rights to receive payments
of the unadjusted balance, if any, of the Contract Performance Bank Guarantee
in accordance with clause 38.3 hereof on successful completion of the defect
liability. But nothing herein stated shall affect the CONTRACTOR’s undischarged
liabilities and obligations under the Contract.
37.3 Notwithstanding anything provided in Clause 37.1 and/or Clause 37.2
hereof, the CONTRACTOR shall be and remain liable for defects in terms of
Clause 33.0 and associated clause thereunder and for any indemnity to the
OWNER in terms of Clause 38.2 and shall be and remain entitled to receive the
unadjusted balance of the Contract Performance Bank Guarantee r e m a i n i n g
in the hands of the OWNER in terms of Clause 38.3 hereof and associated
clauses thereunder.
38.0 FINAL CERTIFICATE AND RELEASES OF SECURITY
38.1 Forthwith on the CONTRACTOR’s application made after the expiry of the period
of defect liability provided for in Clause 33.0 hereof and associated clauses
thereunder and satisfaction of all liabilities of the CONTRACTOR in respect
thereof, the Engineer-in-Charge shall issue a Final Certificate to the
CONTRACTOR Certifying that the CONTRACTOR has performed his
obligations in respect of the defect liability period in terms of Clause 33.0 hereof
and associated clauses thereunder, and until issue of such Final Certificate, the
CONTRACTOR shall be deemed not to have performed such liabilities
notwithstanding issue of the Completion Certificate or payment of the Final Bill
by the OWNER.
38.2 Upon application for the Final Certificate, the CONTRACTOR shall:
(i) Be deemed to have warranted that it had been fully paid and satisfied all
claims for or arising out of the work, labour, materials, supplies and
equipment used in or connected with the Contract and all other liabilities
whatsoever touching or affecting the Contract, or its performance, including
in relation to sub-contractors and suppliers, and
(ii) To have undertaken to indemnify and keep indemnified the
OWNER/Consultant from and against all claims, demands, debts, liens,
obligations and liabilities whatsoever arising therefrom or relating thereto.
38.2.1 Upon issue of the Final Certificate, the CONTRACTOR shall be deemed to have
released, acquitted and discharged the OWNER from and against all claims
(known or unknown), liens, demands or causes of action of any kind whatsoever
arising out of or relating to the Contract or otherwise howsoever touching or
affecting the same.
38.3 Forthwith on application made by the CONTRACTOR in this behalf accompanied
by the Final Certificate, or within12(Twelve) Weeks of the OWNER passing the
CONTRACTOR’s Final Bill, whichever shall be later, the OWNER shall cancel
and return to the CONTRACTOR all previous Bank Guarantees remaining
unutilised in the hands of the OWNER, and upon such cancellation and return,
the OWNER shall stand discharged of all obligations/liabilities under the Contract
provided that the cancellation and return of any Bank Guarantee(s) furnished by
the CONTRACTOR as and by way of CPBG shall be subject to the
CONTRACTOR replacing such Bank Guarantee(s) with a Bank Guarantee from
any Bank in India (including the Indian Branch of foreign Bank) in a format
acceptable to the OWNER covering10%(ten percent) of the value (as determined
by the OWNER) of equipments/works replaced or repaired during the Defect
Liability Period for the unexpired term of defect liability in respect thereof plus a 3
(three) months claim period.
39.0 CLAIMS OF OWNER
In addition to clause 8.1 & 8.2 of General Terms & Conditions following clauses
are applicable:-
39.1 No release/payment of any unadjusted balance of the CPBG(furnished in the
form of a Bank Guarantee or otherwise) by the OWNER to the CONTRACTOR
as aforesaid or otherwise shall be deemed or treated as a waiver of any right(s)
or claim(s) of the OWNER or shall stop or prevent the OWNER from there after
making or enforcing any claim or any rights against the CONTRACTOR with the
intent that the claims of the OWNER, against the CONTRACTOR shall continue
to survive and shall not get extinguished notwithstanding the issue of Final
Certificate and/or the release of CPBG to the CONTRACTOR.
40.0 TERMINATION
40.1 Notwithstanding anything elsewhere herein provided and in addition to any other
right or remedy of the OWNER under the CONTRACT or otherwise (including the
right of the OWNER to discount by way of price adjustment under the provisions
of Clause 23.7 hereof and associated Clauses thereunder), the OWNER shall
be entitled to terminate the CONTRACT by written notice at any time during its
currency on or after occurrence of any one of the following events/contingencies,
namely:
40.1.1 Breach or failure by the CONTRACTOR of any of the obligations of the
CONTRACTOR under the Contract, including:
a) Failure to start the work within 12 (Twelve) weeks of the date of issue of the
Acceptance of Bid by the OWNER, notwithstanding the OWNER having
made available to the CONTRACTOR the work front necessary for the
commencement of work.
refuses in its sole discretion to Continue the Contract with the re-constituted
firm or Company;
o) If the CONTRACTOR or any person employed by him shall make or offer for
any purpose connected with the contract, any gift, gratuity, royalty,
commission, gratification or other inducement (whether money or in any
other form) to any employee or agent or CONSULTANT of OWNER;
p) If the CONTRACTOR shall assign or attempt to assign his interest or any
part thereof in or under the Contract.
q) If CONTRACTOR does not start to remedy the breach within 7 days
from receipt of OWNER’s notice.
r) If the CONTRACTOR has acted in any manner to the detrimental interest,
reputation, dignity, name or prestige of the Owner.
s) If the CONTRACTOR has become untraceable.
t) If the CONTRACTOR has without authority acted in violation of the terms
and conditions of this contract and has committed breach of terms of the
contract in best judgement of the owner.
40.1.2 The decision of the General Manager– Projects, Rajasthan Refinery, as to
whether any of the events or Contingencies mentioned in Clause 40.1 hereof
entitling the OWNER to terminate the Contract has occurred or not shall be final
and binding upon the CONTRACTOR.
40.1.3 The methodology for processing Termination for default shall be as follows:
a. Any material breach in contractual obligations shall be dealt on mutual
discussion basis, so as to correct breach. In case of failure to correct the
breach, OWNER shall initiate Termination action as per the contract.
b. In case of non-submission of CPBG within the period stipulated, required
CPBG amount along with interest @ 10.05 % per annum for the delayed
period shall be recovered from the first RA bill / first Milestone payment,
onwards, on proportionate basis, till full recovery.
c. However, in case, if the CONTRACTOR submits CPBG before the first RA
bill, then interest @ 10.05 % per annum shall be recovered from the first RA
bill, for the delayed period beyond the period stipulated for CPBG.
d. In case of non-submission of CPBG within one month beyond the period
stipulated for it, coupled with non-mobilization / non-performance within the
period stipulated for the same, the Termination action along with other
contractual penal provisions shall be initiated, as per the contract provisions.
e. Further, in case of submission of CBPG within scheduled period, but
CONTRACTOR being at default in terms of Contract, a) above shall be
applicable.
f. In case of occurrence of any of the above specified events, CONTRACTOR
shall be understood to have defaulted and the OWNER shall have the right to
terminate the contract, at its sole and absolute discretion by issuing a Show
Cause notice of 15 calendar days to the CONTRACTOR, stating the reason
and the intention of OWNER to terminate the Contract and to take other
penal actions in terms of the contract including extant policy for Suspension/
Banning of OWNER.
g. The CONTRACTOR may also request for a personal hearing.
h. OWNER based on the CONTRACTOR’s response to the Show Cause Notice
and the personal hearing, shall decide the action regarding Termination and/
or Suspension / Banning or otherwise.
i. The decision taken as above shall apply to both Termination as well as
Suspension / Banning.”
40.2 The notice of termination shall set forth, in addition to statement of the reason or
reasons for terminating the Contract, the time(s) and place(s) for conducting a
survey and inspection/measurement of the work performed and materials
supplied under the Contract upto the date of termination for the purpose of
determining the final amount(s) due to the CONTRACTOR therefor. The reasons
for the termination stated in the notice of termination shall be final and binding
upon the CONTRACTOR.
40.2.1 Forthwith upon receipt of notice of termination, the CONTRACTOR shall at his
own risks and costs within the scope of relative work, do and perform to the
satisfaction of the Engineer-in-Charge all and whatsoever is necessary, in the
opinion of the Engineer-in-Charge (which shall be final and binding upon the
CONTRACTOR) to secure and protect all complete and incomplete works
performed by the CONTRACTOR upto termination, and should it fail to do so, the
OWNER shall be entitled by itself or through an independent Contractor(s) or
partly by itself and partly through an independent Contractor(s), to do and
perform at the risks and costs of the CONTRACTOR all such work(s) not done
by the CONTRACTOR, and the provisions of Clause 40.9 therefore shall mutatis-
mutandis apply thereto.
40.3 For the purpose of measurements, the provisions of Clause 35.1 and 35.2 hereof
shall apply. The decision of the Engineer-in-Charge as to whether or not any
works have or supply has been completed for the purpose of measurement
shall be final and binding upon the CONTRACTOR. Incomplete items or
works shall be measured and paid for only on the basis of materials (if any)
supplied by the CONTRACTOR, and the decision of the Engineer-in-Charge as
to the quantity of material involved in or relative to any incomplete works shall be
final and binding upon the CONTRACTOR.
40.4 Work done and/or supplies made by the CONTRACTOR qualifying for payment
under Clause 40.3 hereof shall be paid for in respect of work done on the basis
of on account payment due thereon based on Schedule of Activities, and for
materials supplied on the basis of on account payment due thereon on the basis
of Bill of Materials and the provisions of Clause 35.5.6, 35.5.7, 35.5.8, 35.5.9,
35.5.10, 35.5.11, 35.5.12, 35.5.13.1 and 35.5.13.2 hereof shall mutatis mutandis
apply and accounting done and bill prepared by the CONTRACTOR on the basis
thereof shall be the Final Bill and no other amount(s) shall be due to the
CONTRACTOR in respect thereof, subject to the provisions of 36.0 and
shall forthwith pay over the excess/balance to the CONTRACTOR and in the
event of the security deposit and other dues of the CONTRACTOR in the
hands of the OWNER being insufficient to meet the dues of the OWNER
as aforesaid, the CONTRACTOR shall forthwith on demand by the OWNER pay
the OWNER the shortfall. For calculating the excess/balance aforesaid in
the hands of the OWNER any price discount or adjustment due to the
OWNER from any other contractor under the provisions of Clause 23.6.7
hereof or any equivalent or similar provisions in the Contract in this behalf
between the OWNER and the other CONTRACTOR shall not be reckoned.
40.13 Termination for Convenience: Owner shall, in addition to any other right
enabling it to terminate the Contract, have the right to terminate the Contract at
any time by giving prior written notice to the Contractor. Such termination shall be
without prejudice to the rights of the Parties that have accrued on or before the
date of termination of the Contract. In case Termination is due to Convenience
of Owner, the risk Purchase will not be applicable
40.14 Without prejudice the provisions of Clause40.0 above, the provisions as
mentioned in clause No. 12 of General terms & conditions of works contract
(GTC) shall also mutatis mutandis apply
41.0 PERSONAL ACTS AND LIABILITIES
41.1 No director, officer or other employee of the OWNER shall anywise be personally
bound or liable to the CONTRACTOR for the acts, commissions or obligations of
the OWNER under the contract or otherwise or be personally answerable to the
CONTRACTOR for on in respect of any default or omission in the performance of
any act(s), deed(s), or things to be observed and/or performed by the OWNER
under the contract.
41.2 The CONTRACTOR shall not be entitled to any increase in the rate(s) mentioned
in the Price Schedule or in any of them or to any other payment, right, benefit or
claim whatsoever by reason of any representation, explanation, statement,
assurance or understanding given or alleged to have been given to him by the
Engineer-in-Charge, PMC or any other agent or consultant of the OWNER, nor
shall any director, officer or other employees or the Engineer- in-Charge, PMC or
agent or consultant of the OWNER be personally liable for or in respect of any
representation, explanation, statement or assurance or understanding given or
alleged to have been given by him to the CONTRACTOR or any other person
relative to the contract, nor shall the OWNER be responsible in respect thereof
unless the same has been jointly signed by the CONTRACTOR and the
OWNER as an agreed variation or amendment to Contract.
42.0 LABOUR LAWS AND REGULATIONS
42.1 The CONTRACTOR shall be responsible for strict compliance of and shall
ensure strict compliance by its sub-contractors, servants and agents of all laws,
rules or regulations having the force of law affecting the relationship of employer
and employee between the CONTRACTOR/sub-contractors and their respective
employees and/ or otherwise concerning labour, social welfare and provident
fund, pension, bonus, gratuity and other benefits to employees. Without prejudice
to the generality of this provision, the CONTRACTOR shall comply with and
ensure that his subcontractors and other agencies employed by him comply with
the provisions of the Payment of Wages Act 1936, Minimum Wages Act 1948,
Employers Liability Act1938, Workmen's Compensation Act 1923, Industrial
Disputes Act 1947, Maternity Benefit Act 1961, Mines Act 1952, The Child
Labour (Prohibition & Regulation) Act 1986, Contract Labour (Abolition &
Regulation) Act 1970, Payment of Bonus Act, Gratuity Act, Factories Act and the
Employees Provident Fund and Miscellaneous Provisions Act 1952 and
Employees State Insurance Act 1948, as amended from time to time and all
rules, regulations and schemes framed thereunder from time to time.
42.1.1 In addition, the CONTRACTOR shall abide by and observe the provisions of
(i) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979,
(ii) The Building and Other Construction Workers’ (Regulation of Employment and
Conditions of Service) Act, 1996,
(iii) The Building and Other Construction Workers’ Welfare Cess Act, 1996,
(iv) The Child Labour (Prohibition and Regulation) Act, 1986.
42.1.2 The CONTRACTOR shall also be responsible at its own cost and initiative to pay directly
to the prescribed authorities and bear any and all cess(es) payable under the Building
and Other Construction Workers’ Welfare Cess Act, 1996 with respect to the contract
and work covered thereunder and with respect to any subsidiary contract or sub-contract
entered into by the CONTRACTOR for the performance thereof, and shall indemnify and
keep indemnified the OWNER from and against any liability in respect thereof.
42.1.3 To this end, the CONTRACTOR shall as a document to be submitted to the Engineer-in-
Charge for the Completion Certificate under Clause 32.2 hereof, submit to the Engineer-
in-Charge satisfactory proof of having paid in full the cess payable with respect to the
contract under the Building and other Construction Workers’ Welfare Cess Act, 1996.
42.2 The contractor and sub-contractor(s) of the CONTRACTOR shall obtain from the
authority(ies) designated in this behalf under any applicable law, rule or
regulation (including but not limited to) the Factories Act and Labour (Abolition
and Regulation) Act, 1970 (in so far as applicable) any and all such Iicence(s),
consent(s), registration(s) and/ or other authorisation(s) as shall from time to time
be or become necessary for or relative to the execution of the work or any part or
portion thereof or the storage or supply of any material(s) or otherwise in
connection with the performance' of the Contract and shall at all times observe
and ensure due observance by the sub-contractors, servants and agents of all
terms and conditions of the said Iicence(s), consent(s), regulation(s) and other
authorisation(s) and laws, rules and regulations applicable thereto Without
prejudice to the generality of this provision, the CONTRACTOR shall obtain and
ensure that his sub-contractors and other agencies employed by him on the
Work, obtain a valid Licence under the Contract Labour (Regulation & Abolition)
Act, 1970 and shall duly and faithfully observe and comply with the provisions of
the The Child Labour (Prohibition & Regulation) Act 1986, Contract Labour
(Regulation & Abolition) Central Rules 1971 and other Central and State Rules
as amended from time to time and applicable to the work, and shall duly,
promptly and faithfully maintain and/ or cause to be maintained all records and
CONTRACTOR, for making good or compensating for the liability or possible liability of
the OWNER by reason of the said breach, non-fulfillment or non-observance and/or
inaccuracy aforesaid.
42.9 The CONTRACTOR shall indemnify and keep indemnified the OWNER from and
against all actions, claims, demands and liabilities whatsoever under and in
respect of the breach of any of the provisions hereof and/ or against any claim,
action or demand by any workman/ employee of the CONTRACTOR or any
subcontractor and/or from any liability anywise to any subcontractor under any
law, rules or regulation having the force of law including (but not limited to) claims
against the OWNER under the Workmen's Compensation Act 1923, the
Employees Provident Funds and Miscellaneous Provisions Act 1952, the
Employee's State Insurance Act 1948, the Contract Labour (Abolition &
Regulation) Act 1970 and/ or The Child Labour (Prohibition & Regulation) Act
1986.
42.10 The CONTRACTOR and his sub-contractors and agents employed by him for
and/or in the performance of the Works shall strictly abide by and observe the
provision of the "CONTRACTORS' Labour Regulations" and the "Model Rules for
Labour Welfare" as set out in Annexure- XV and Annexure-XVI to these
Special Condition of contract , which shall be binding on the CONTRACTOR, his
sub-contractors and agents.
42.11 In the event of an irreconcilable conflict between the provisions herein and the
provisions contained in the "Contractors' Labour Regulations" and/or the "Model
Rules of Labour Welfare" (as set out in Annexure- XV and Annexure-XVI hereto),
the "Contractors' Labour Regulations" and "Model Rules for Labour Welfare"
shall prevail to the extent of the irreconcilable conflict.
42.12 In the event of irreconcilable conflict between the "Contractors' Labour
Regulations" and/or the "Model Rules for Labour Welfare" (set out in Annexure-
XV and Annexure-XVI hereto) and any applicable law, rule or regulation, the law,
rule or regulation shall prevail over the "Contractors' Labour Regulation" and/or
the "Model Rules for Labour Welfare", as the case may be, and shall be complied
with.
43.0 RISK, ACCIDENT AND DAMAGE
43.1 The CONTRACTOR shall take due precaution to avoid damages to any
pipelines, Railway lines, roads, canals, cables, culverts, bridges, drains, sewer,
telegraph and telephone lines, water mains, dykes, poles, pillars, fences, wires,
supports and embankments and other underground or over ground works,
structural or constructions whatsoever and shall at his own cost and initiative
forthwith restore and repair any damage thereto to the satisfaction of OWNER
and/or the person or authority concerned relative to the line, pipe or other works,
construction of installation as the case may be.
43.2 The CONTRACTOR shall be responsible at his own cost in and relative to
performance of the work(s) and contract to observe and to ensure observance
by his sub-contractor’s agents and servants, of the provisions of the safety code
as hereinafter appearing and all fire, safety and security instructions and
regulations as may be prescribed by the OWNER, the Central Government or
any State Government, any Marine or Port Authority or any other body or
authority legally authorised to issue such instructions or regulations, from time
to time and such other precautions and measures as shall be necessary, and
shall employ/deploy all equipment necessary to protect all works, materials,
properties, structures, equipment, installations, communications and facilities
whatsoever from damage, loss or other hazard whatsoever (including but not
limited to fire, collision or explosion) and shall during construction and
other operations, minimise the disturbance and inconvenience to the
OWNER, shipping, transportation, the public and the adjoining land and
property of the OWNER and occupiers, and crops, trees and vegetation
43.3 The CONTRACTOR shall indemnify and keep indemnified the OWNER from and
against all losses and damages (including relative to any gas, crude oil, refined
products and other commodities lost) and costs, charges and expenses and
penalties, actions, claims, demands and proceedings whatsoever suffered or
incurred by or against the OWNER, as the case may be, by virtue of any loss,
alteration, displacement, disturbance or destruction or accident to any vessel,
works, material, property, structure, equipment, installation, communication and
facility and land and property of the OWNER and occupiers and crops, trees and
vegetation as aforesaid, with the intent that the CONTRACTOR shall be
exclusively responsible for any accident, loss, damage, alteration,
displacement, disturbance or destruction as aforesaid directly or indirectly
from any breach by the CONTRACTOR of his obligations aforesaid or upon any
operation, act or omission of the CONTRACTOR, his Sub-contractor(s) or his
or their agent(s) or servant(s).
44.0 INDEMNITY
44.1 The CONTRACTOR shall at all times indemnify and keep indemnified the
OWNER and its officers, servants, agents from and against all third party claims
whatsoever (including but not limited to property loss and damage, personal
accident, injury or death of/or to property or person of any Subcontractor and/or
the servants/agents of the CONTRACTOR or any Subcontractor(s) and/or the
OWNER) arising out of any act or omission of the CONTRACTOR
and the CONTRACTOR shall at his own cost and initiative at all times upto the
successful conclusion of the defect liability period specified in Clause 33.1 hereof
take out and maintain all insurable liabilities under this Clause, including but not
limited to third party insurance and liabilities under the Motor Vehicles Act,
Worker’s Compensation Act, Fatal Accidents Act, Personal Injuries Insurance
Act, Emergency Risk Insurance Act and/or other Industrial Legislation from time
to time in force in India with Insurance Company(ies) approved by the
OWNER, and such policy(ies) shall be of not lesser limit then the limits
hereunder specified with reference to the matters hereunder specified, namely.
a) Workmen’s Compensation Insurance to the limit to which compensation
may be payable under the laws of the Republic of India.
b) Third party Insurance for body injury and property damage to the limit as
per applicable statutory laws but not less than Rs. 10,00,000 (Rupees One
Million only) in each accident at each job site and to a limit of not less than
Rs. 100,00,000 (Rupees Ten Million only) for all accidents at all job sites.
Provided that the limits specified above shall operate only as a specification
of minimum limits for insurance purposes, but shall not anywise limit the
CONTRACTOR’S liability in terms of this clause or otherwise to the limit(s)
specified.
44.2 Should the CONTRACTOR fail to take out and/or keep afoot insurance as
provided for in the foregoing clause the OWNER shall be entitled (but without
obligation to do so) to take out and/or keep afoot such insurance at the cost and
expense of the CONTRACTOR, and without prejudice to any other rights or
remedies of the OWNER in this behalf, to deduct the sum(s) incurred therefore
from any amounts howsoever becoming payable to the CONTRACTOR.
44.3 In addition, the CONTRACTOR shall protect, defend, indemnify and hold
the OWNER harmless from and against:
a) Any and all losses arising directly or indirectly from or incurred by reason of
the acts or omissions of the CONTRACTOR, its Affiliates, Subcontractors or
Suppliers or any of the irrespective officers, directors, employees, servants
or agents in the performance of CONTRACTOR’s obligations under this
Contract, whether or not resulting from any defect in or condition of the
premises on which the Works are or are to be performed, or any equipment
thereon or any materials furnished by OWNER, including any losses arising
from or in respect of or in consequence of any illness, accident or injury to
any employees, directors, servants or agents of the CONTRACTOR, its
affiliates, subcontractors or suppliers.
b) Any and all losses, arising directly or indirectly from or incurred by reason of
claims or sanctions or penalties imposed by any Governmental Authorities
or others for any actual or asserted failure by the CONTRACTOR or its
affiliates, sub-contractors or suppliers or any of their respective officers,
directors, employees, servants or agents to comply with any applicable law
or applicable consent(s), sanction(s) and/or authorization(s) or with any
rules or regulations applicable to it or them or to obtain or maintain any
such consent, sanction or authorization.
c) any and all losses, arising directly or indirectly from or incurred by reason of
any failure of CONTRACTOR or any sub-contractor or supplier (i) to pay
any taxes relating to income or any other taxes required to be paid by such
person (ii) to pay any amounts in respect of taxes which are to be paid
by such person in connection with the performance of its obligations
relating to this Contract or (iii) to file tax returns as required by
applicable laws or comply with reporting or filing requirements under
applicable law relating to taxes or (iv) arising directly or indirectly from or
incurred by reason of any misrepresentation by or on behalf of such
person to any competent authority in respect of taxes (nothing in this
clause shall restrict any person’s right to bonafide contest the amount of any
tax or other liability owed to a competent authority provided such contest is
bonafide and made in good faith); and
d) any and all losses arising directly or indirectly from or incurred by reason of
hazardous materials introduced to the job site or works or any
other location by the CONTRACTOR, its affiliates, sub-contractors or
this behalf, to fulfill all obligations of the employer under the said Act,
including liability for payment to apprentices as required thereunder.
48.0 RECORDS AND INSPECTION
48.1 The CONTRACTOR shall if and when required by the Engineer-in-Charge
relative to the execution of the Contract produce or cause to be produced before
the Engineer-in-Charge or any other person designated by the Engineer-in-
Charge in this behalf, for examination, any records and documents in the
possession of the CONTRACTOR or any subcontractor or subsidiary or
associated firm or company or the CONTRACTOR or any sub-CONTRACTOR,
and/or copies or extracts thereof and/or other information or returns relative
thereto. Such returns shall be verified in the manner prescribed by the Engineer-
in-Charge or other officer aforesaid designated in this behalf. The
CONTRACTOR shall in addition produce and/or caused to be produced before
the Engineer-in-Charge or any other person designated by the Engineer-in-
Charge in this behalf, for examination any vouchers, bills and orders etc. required
for verifying or ascertaining the cost of any material, labour, service or item
or thing, to calculate any monies payable under the Contract for which item
rates are not mutually agreed. The decision of the Engineer-in-Charge as to
whether any book, record, document, information or return is relevant for any of
the purpose aforesaid, shall be final and conclusive
49.0 PATENTS AND ROYALTIES
49.1 The CONTRACTOR undertakes that all equipment, machinery, instruments and
materials used or supplied by the CONTRACTOR or methods or processes
practiced or employed by the CONTRACTOR in the works shall not be covered
by any third party patent, design or other rights, with the intent that the OWNER
shall be entitled to the unfettered use of and right to the same and any
subsequent works in which the same are incorporated without any third party
right, claim or entitlement.
49.2 If any equipment, machinery, instruments and/or materials, used or
supplied by the CONTRACTOR, or methods or processes practiced or
employed by the CONTRACTOR in the performance of this contract or
resultant works, is/are covered by a patent, design or other rights under which
the CONTRACTOR, is not licensed, the CONTRACTOR shall before supplying or
installing or using or employing or practicing the same obtain such license(s) and
pay such royalty(ies) and license fees as may be necessary in connection
with the performance of this contract. In the event that the CONTRACTOR fails
to pay such royalty or obtain such license, the CONTRACTOR shall defend
at its own expense, any suit for infringement of patent, design or other right
which is brought against the CONTRACTOR and/or the OWNER as a result of
the failure, and shall pay any damages and costs awarded in such suit and shall
keep the OWNER indemnified from and against all other consequences thereof,
including (but not limited to) the costs incurred by the OWNER relative to such
proceedings and in obtaining legal advice or opinion(s) relative to such
proceedings, and shall perform all remedial and consequent works as shall
be necessary, and the provision of Clause 49.3 shall mutatis mutandis apply.
or claim and/or if such lien or claim be found to be valid, the OWNER may pay
and discharge the same and deduct the amount so paid together with any legal
and other costs, charges and expenses incurred by the OWNER in defending
any action and/or in obtaining legal advice or opinion relative to the lien, claim or
action, from any monies retained as aforesaid and any monies then due or
thereafter becoming due to the CONTRACTOR, and if no monies have been
retained and/or if the same be insufficient to satisfy the payment(s) aforesaid, the
CONTRACTOR shall on demand pay to the OWNER the same, and failing such
payment within 10(ten) days or demand by the OWNER in this behalf, shall be
liable to pay interest on the amount due from the date of demand upto and until
the date of payment in full at the State Bank of India lending rate applicable to
the OWNER plus1%(one percent) per annum and the provisions hereof (insofar
as such notice shall be deemed to be necessary in addition to the contractual
provisions herein) shall be deemed to constitute a notice for the payment of
interest under the provisions of the Indian Interest Act,1978.
53.0 COLLECTION OF INDEBTEDNESS
53.1 Without prejudice to any other rights or remedies of the OWNER and in addition
to any other provisions thereof, the OWNER shall be entitled to deduct out of the
CPBG or the proceeds of any Bank Guarantee or any monies for the time being
of the CONTRACTOR in its hands and any payment then due or becoming due
to the CONTRACTOR on any account, any and all amounts claimed by the
OWNER from the CONTRACTOR arising out of or in connection with the
Contract.
53.2 Where the OWNER makes any deduction pursuant to the provisions of Clause
53.1 hereof, the OWNER shall furnish to the CONTRACTOR all details of the
deduction(s) with copies of the documents, if any, in support of the deduction(s).
54.0 LIABILITIES OF SUB – CONTRACTOR (S)
54.1 Without prejudice to any other liabilities or obligations of the CONTRACTOR
relative to Sub- contractor(s) in terms hereof or otherwise, the
CONTRACTOR shall require every Sub- contractor to whom any portion of the
work to be performed under the contract has been sub- contracted, to comply
with the provisions of the Contract insofar as applicable to each Sub- contractor,
and the CONTRACTOR shall hold the OWNER harmless and indemnified, from
and against any and all penalties, actions, claims and demands and costs,
charges and expenses whatsoever arising out of or occasioned by failure of
the CONTRACTOR or any Sub-contractor(s) to fully and properly comply
with any of the terms and conditions of Contract.
55.0 CONFIDENTIAL HANDLING OF INFORMATION
55.1 The CONTRACTOR and his employees, agents and Sub-contractors and
employees and agents of the Sub-contractors shall treat as strictly
confidential and shall take all steps necessary to ensure confidential handling
of all maps, plans, charts, designs, drawings, photographs, data, reports, tests,
specifications, methods and other information developed or acquired by the
CONTRACTOR from or by means of the tender documents or any facility
extended to the CONTRACTOR pursuant thereto or the award or performance of
authorities and undertakes to indemnify the OWNER from and against all levies,
damages, penalties and payments whatsoever as may be imposed by reason of
any breach or violation by the contractor or its sub contractors or agents or by the
respective personnel of any law, rule or regulation whatsoever and from and
against all actions, claims and demands arising there from and/or relative thereto.
v) The insurance policies covered under 6.e of GTC other than OWNER’s
MCE Policy
65.14 Deleted.
66.0 DELETED
67.0 SUB-CONTRACTING
67.1 If the CONTRACTOR is required to engage a Sub Contractor for any part of work
then such sub-Contractors shall have prior proven experience of similar work and
shall require specific approvals by OWNER after award of this Work.
67.2 Following the notification of acceptance of Bid the CONTRACTOR will submit to
the OWNER for approval, the details of Sub-Contractors as per Annexure-III to
these Special Conditions of Contract. CONTRACTOR shall ensure that every
competent and resourceful agencies with proven track record and performance
should be proposed for the work to be sub-contracted.
67.3 Any bidder who had submitted the bid for this tender and does not get the
contract because of his being not the lowest will be prohibited from working as
sub-contractor for execution of this contract.
68.0 QUALIFICATION AND EXPERIENCE OF THE SUPERVISORY PERSONNEL
68.1 Qualification and experience of key supervisory construction personnel to be
deployed for this works shall be as per Annexure-IV to these Special Conditions
of Contract. CONTRACTOR shall submit bio data of key supervisory personnel
meeting the requirement of this Annexure after award, which will be reviewed and
approved by Engineer-in-charge.
68.2 All key staff employed at the site by the CONTRACTOR shall be considered
essential to the performance of the work, and all key staff shall be subjected to
approval of OWNER/ Engineer-in-Charge. However such approval shall not relieve
the CONTRACTOR of any of his contractual obligations. No staff including Resident
Engineer and other technical supervisory staff shall be removed or transferred from
the work with the prior written permission of the OWNER/ Engineer-in-Charge. The
OWNER / Engineer-in-Charge shall however have the authority to order the removal
of staff from site of any undesirable personnel, the replacement of such personnel
shall be carried out by the CONTRACTIR within 15 (fifteen) days from the
notification from OWNER/ Engineer-in-Charge. If key staff becomes unavailable for
assignment to the work for reasons beyond the CONTRACTOR’s control, the
CONTRACTOR shall immediately notify the OWNER/ Engineer-in-Charge to
evaluate the impact on the project. Prior to substitution or addition of any key staff,
the CONTRACTOR shall obtain OWNER’s / Engineer-in-Charge’s written consent
as to the acceptability of replacements or additions to such personnel. The
CONTRACTOR shall at all times be fully responsible for the acts, omissions,
defaults and neglect of all his representatives, agents, servants, workmen and
suppliers and this of his Sub-Contractors.
69.0 CRITICAL EQUIPMENTS
69.1 Deleted.
any dealing had or act, deed, matter or thing done or payment made as
aforesaid, the same shall constitute a valid discharge to the OWNER.
75.3 Each and every member of the consortium shall be jointly and severally liable to
the OWNER for and in respect of all liabilities and obligations of the
CONTRACTOR under the Contract.
75.4 The constitution of the consortium or the relative distribution of work(s) and/or
activities amongst the consortium members within the relative expertise of each
as approved by the OWNER shall not be altered or assigned, as the case may
be, except with the prior written consent of the OWNER with the intent that any
contrary alteration or assignment shall be deemed to be an unauthorised
assignment of contract with attendant liabilities including termination of contract.
76.0 ERRANT BIDDER
In case after price bid opening the lowest evaluated bidder (L1) is not awarded
the job for any mistake committed by him in bidding or withdrawal of bid or
varying any term in regard thereof leading to re-tendering, OWNER shall forfeit
Earnest Money paid by the bidder and such bidders shall be debarred from
participation in re-tendering of the same job(s)/ item(s).
77.0 CORRUPT AND FRAUDULENT PRACTICES
77.1 The CONTRACTOR during the bidding stage are required to furnish the
complete and correct information/ documents required for evaluation of their bids.
If the information/ documents forming basis of evaluation is found to be false/
fake/ forged, the same shall be considered adequate ground for rejection of the
bids and forfeiture of earnest money deposit.
77.2 OWNER requires that the CONTRACTOR observes the highest standard of
ethics during the execution of Contract. In pursuance of this policy, OWNER
defines, for the purposes of this provision, the terms set forth below as follows:
a) “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything
of value to influence the action of public official in contract execution;
b) “Fraudulent Practice” means a misrepresentation of facts in order to influence
the execution of a Contract to the detriment of OWNER, and includes collusive
practice among bidders (prior to or after bid submission) designed to establish
bid prices at artificial non-competitive levels and to deprive OWNER of the
benefits of free and open competition.
c) “False/Fake” means to make or construct falsely. “Faked alibi” is a made,
manufactured, or false alibi. Something that is not what is purports to be;
counterfeit, an imposter.
d) “Forgery” means the false making or the material altering of a document with the
intent to defraud. A signature of a person that is made without the person’s
consent and without the person otherwise authorizing it. A person is guilty of
forgery if, with the purpose to defraud or injure anyone or with knowledge that he
is facilitating a fraud or injury to be perpetrated by anyone, the actor (i) alters any
writing of another without his authority (ii) makes, completes, authenticates,
executes, issues or transfers any writing, so that it purports to be the act of
another who did not authorize that act or to have been executed at a time or
place or in a numbered sequence other than was in fact the case, or to, be a
copy of an original when no such original exists. Utters any writing which he
knows to be false in a manner specified in d (i) & (ii) above.
77.3 OWNER may terminate the Contract if it discovers subsequently that the
CONTRACTOR had engaged in Corrupt Practices or Fraudulent Practices in
competing for the Contract.
78.0 SITE ORGANISATION
78.1 The CONTRACTOR shall without prejudice to his overall responsibilities and
liabilities to provide adequate qualified and skilled personnel on the work. and
augment the same as decided by the Engineer-in-Charge from time to time
depending on the exigencies of work. In addition to this CONTRACTOR shall
deploy qualified and experience Safety Supervisors to ensure safer working
conditions at site. In case where the works are Sub-Contracted by the main
CONTRACTORs, Safety Supervisors are to be provided by the main
CONTRACTOR.
79.0 GENERAL GUIDELINES DURING AND BEFORE ERECTION:
79.1 The CONTRACTOR shall be responsible for organizing the lifting of the
equipment in the proper sequence for orderly progress of the work and to ensure
that access routes for erecting the other equipment’s are kept open.
79.2 Orientation of all foundations, elevations, lengths and disposition of anchor bolts
and diameter of holes in the supports and saddles shall be checked by the
CONTRACTOR well in advance of the installation. Rectifications, including
chipping of foundations, shall be carried out where necessary in consultation with
the Engineer-in-Charge. If a structural member needs to be dismantled to
facilitate the equipment erection, this shall be done by the CONTRACTOR after
ensuring proper stability of the main structure, based on design calculations, safe
workloads etc with the approval of Engineer-In-charge. All such dismantled
members shall be put back in position to the satisfaction of Engineer-in-Charge
after the completion of the equipment erection.
79.3 During the performance of the work the CONTRACTOR shall at his own cost
keep structures, materials and equipment adequately braced by guys, struts or
other approved means which shall be supplied and installed by the
CONTRACTOR as required till the installation work is satisfactorily completed.
Such guys, shoring, bracing, strutting, planking supports etc. shall not interfere
with the work of other agencies and shall not damage or cause distortion to other
works executed by the CONTRACTOR or other agencies.
79.4 The CONTRACTOR shall duly comply with manufacturer(s) recommendations
and detailed specifications for the installation of the various equipment and
machines.
79.5 Various tolerances required as marked on the drawings and/or in accordance
with the specifications and/or instructions of the Engineer-in-charge shall
be maintained. Verticality shall be verified with the Theodolite and shall be
maintained.
79.6 CONTRACTOR shall comply to OWNER’s work permit system before any
erection activities.
87.1 Steel manufactures having valid BIS certificate and listed in the BIS website as on
date of procurement of steel shall be allowed for supply of steel (Structural steel and
TMT bars) and CONTRACTOR shall procure from them with prior intimation to
Engineer-in-charge.
87.2 Tests after receipt of structural steel at site:
In addition to availability of valid BIS license and MTC, testing at site shall be
conducted by the CONTRACTOR as per following requirement:
a) For each category / size of structural steel procured, one sample from every
50 MT or part thereof shall be drawn and tested in approved laboratory.
b) The charges for such testing shall be borne by the CONTRACTOR.
87.3 Tests after receipt of TMT bars at site:
In addition to availability of valid BIS license and MTC, testing at site in approved
laboratory shall be conducted by the contractor as per the following requirement:
a) Under 10 mm bars, one sample (diameter wise) for each 25 MT (or part
thereof) for consignment below 100 MT and one sample (diameter wise) for
each 40 MT for consignment above 100 MT shall be tested.
b) For 10 mm to 16 mm bars, one sample (diameter wise) for each 35 MT (or
part thereof) for consignment below 100 MT and one sample (diameter
wise) for each 45 MT (or part thereof) for consignment above 100MT shall
be tested.
c) Over 16 mm bars one sample (diameter wise) for each 45 MT (or part
thereof) for consignment below 100 MT and one sample (diameter wise) for
each 50 MT (or part thereof) for consignment above 100 MT shall be tested.
d) The charges for such testing shall be borne by the CONTRACTOR.
87.4 Acceptance of Cement manufacturer shall be subject to compliance of following
87.4.1 Cement manufacturers having valid BIS certificate and listed in the BIS website
as on the date of procurement of cement shall be allowed for supply of cement
and CONTRACTOR shall procure cement from them with prior intimation to
Engineer-in-charge.
87.4.2 Tests after receipt of cement at site: Each batch of cement (week wise as
mentioned on cement bags) supplied by the CONTRACTOR after delivery at site
shall be subject to the tests and analysis required by the relevant Indian Standard
codes. The contractor shall carry out and bear the cost of all tests and analysis to
ensure quality of cement before using in actual works.
88.0 CONSTRUCTION
88.1 The CONTRACTOR shall within the scope of work observe in addition to
specifications, all national and local laws, ordinances, rules and regulation and
requirements pertaining to the work.
88.2 Various procedures and methods to be adopted by CONTRACTOR during the
construction as required in the respective specifications shall be submitted to
OWNER/ CONSULTANT in due time and well in advance of the specific work for
approval.
88.3 The CONTRACTOR shall carry out required supervision as per Quality Assurance
Plan and furnish all assistance required by OWNER/ CONSULTANT in carrying out
inspection work. OWNER/ CONSULTANT will have authorized representatives
present who shall have free access to the work at all times. If an OWNER/
with the welding activity and quantum of Radiography/ NDT work load to avoid delays
in Radiography/ NDT and consequent generation of back log. In the event of
generation of back log leading to Delay/ Holdup of subsequent, activities
OWNER/PMC has right to engage additional agency for carrying out the radiography
at the risk and cost of CONTRACTOR including 100% overhead charge.
92.3 Radiography Check Shots
a) To verify that radiographs are being taken on the prescribed / selected
welds / spots only, 5% of already radiographed spots shall be selected by
the Engineer-in-Charge or his designated person for check shots. The
check shots shall be taken up before any further radiography work.
b) Radiography of all check shots shall be taken by CONTRACTOR at no
extra cost to PMC/OWNER .If mismatch / variation is found in any of the
check shot as per para 92.3 a), CONTRACTOR shall have to take re-
radiography of the entire lot represented by mismatched check shot (a days
production or more as decided by Engineer In-Charge) at his own cost
c) In the event of any non-matching / variation is observed in re-radiography of
the entire lot as per para 92.3 b) above with reference to the earlier
radiographs taken, the radiography agency shall be forthright debarred from
site. CONTRACTOR shall then carryout re-radiography up to maximum of
100% of all the prescribed / selected welds/ spots radiographed by the
debarred radiography agency (as per direction of the Engineer In-Charge)
at his own cost by engaging a separate Radiography agency acceptable to
OWNER/PMC. The process for verification of radiographs through check
hots shall be continued as per clause 92.3 a) above from the lots selected
by the Engineer In- Charge till 2 (two) consecutive lots are found with
matching check shot radiographs to the satisfaction of PMC/ OWNER.
92.4 Digital recorded close proximity/PAUT/TOFD only allowed inside the refinery /unit
premises except in fabrication yards
93.0 DELETED
94.0 THIRD PARTY INSPECTION AGENCIES
94.1 Pursuant to clause no 23.10.4 of SCC the CONTRACTOR shall carry out the various
tests as enumerated in the bidding document and as per direction of Engineer-in-
charge either on field or outside laboratories concerning the execution of work and
supply of the material by CONTRACTOR. All the expenses shall be borne by the
CONTRACTOR and shall be considered as included in the quoted Lumpsum price.
The inspection shall be done by following:
a) Any third Party Inspection (TPI) agency for all supply items among:
(i) American Bureau of Shipping (ABS)
(ii) Bureau Veritas (BVIS)
(iii) Det Norske Veritas (DNV)
(iv) Certification Engineers International Ltd. (CEIL)
(v) Indian Register of Shipping ( IRS )
(vi) Lloyd’s Register Inspection Services ( LRIS )
95.1 The bills will be prepared by the CONTRACTOR on their PCs as per the
standard formats and codification scheme proposed by OWNER/ CONSULTANT.
The CONTRACTOR will arrange for necessary software (CONSULTANT / OWNER
may indicate any specific software) for data entry to capture the relevant billing data
for subsequent processing.
95.2 The CONTRACTOR will submit these data to OWNER/CONSULTANT in an
electronic media along with the signed hard copy of the bill, necessary enclosures and
documents. The CONTRACTOR will also ensure the correctness and consistency of
data so entered with the hard copy of the bill submitted for payment.
95.3 OWNER/CONSULTANT will utilise these data for processing and verification of bill of
the CONTRACTOR
96.0 QUALITY ASSURANCE SYSTEM
96.1 The CONTRACTOR shall adhere to the quality assurance system specified in the
Technical Section of Bidding Document. After the award of the contract, detailed
quality assurance programme to be followed for the execution of contract shall be
submitted by CONTRACTOR.
97.0 SETTLEMENT OF DISPUTE BETWEEN GOVT. DEPT. / PUBLIC SECTOR
UNDERTAKINGS
97.1 Refer Sl No. 99.0 Below.
98.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT / SAFETY
NORMS
98.1 In addition to the, OISD Guidelines-192, OISD Guideline-207(enclosed as
Annexure-XIV), PMC specifications on Health, Safety and Environment (HSE)
Management included in Technical specification and OWNER prescribed work
permit system and job safety analysis procedure shall be followed before under
taking any work inside OWNER’s premises.
98.2 Considering the above, the CONTRACTOR shall establish, document and maintain
an effective Health, Safety and Environment (HSE) management system.
98.3 The Engineer-in Charge is responsible for ensuring that CONTRACTOR conforms
to the safety requirements as set forth in the Contract documents at all times. In the
event of CONTRACTOR violations of the safety requirements, and violations that
result in physical injury or fatality, OWNER has the right to deduct from any payment
due to CONTRACTOR, as per Health, Safety and Environment (HSE)
Management document included in Technical specification of the Bidding
Document.
98.4 In the event of violation by the CONTRACTOR of any stipulation mentioned in the
above documents or violation of any statutory provisions related to HSE, PMC shall
impose immediate stoppage of work without any time or cost implication to the
OWNER, till the CONTRACTOR takes remedial action to the satisfaction of up to
Engineer-in-charge. The decision for stoppage of work shall be final and binding on
the CONTRACTOR.
98.5 The CONTRACTOR may take suitable Insurance Policy with a view to cover
themselves against the above penalties and submit a copy of the said policy to the
Engineer-in-charge.
98.6 In case of conflict between the requirements of the various specifications and/or the
requirements specified in the bidding document including penalties, the more
stringent requirement shall be followed.
99.0 ARBITRATION
99.1 The Clause No 14 of General Terms and Conditions (GTC) of Works Contract
stands modified to the following extent:.
99.1.1 No Change in Clause 14.1 of GTC.
99.1.2 Clause No 14.2 of GTC stands replaced as follows:
This Agreement, and the relationship between OWNER and Bidder (party) under
this Agreement, shall in all respects be interpreted in accordance with and
governed by the laws of India. Any dispute, controversy or claim arising out of
or in connection with the Agreement between the Parties to this Agreement,
whether in contract or otherwise, shall be finally and exclusively resolved by
arbitration in Jaipur in English Language under the Indian Arbitration and
Conciliation Act 1996 (and including any amendments thereof). There will be
a Sole Arbitrator to be mutually agreed upon and appointed. The parties agree
that the award of the sole arbitrator shall be final and binding upon them.
In case mutual appointment of arbitrator is not taking place, then party invoking
Arbitration can approach the court and file application u/s 11 of the Arbitration
and Conciliation Act for appointment of arbitrator.
99.1.3 Clause 14.3, 14.4, 14.5 of GTC stands deleted.
99.1.4 No change in Clause 14.6 & 14.7 of GTC.
99.1.5 Clause No 14.8 of GTC stands replaced as follows:
The fees of the Arbitrator and expenses of arbitration, if any, shall be borne
equally by the parties unless the Sole Arbitrator otherwise directs in his award
with reasons.
99.1.6 No change in Clause 14.9 of GTC.
99.1.7 Clause No. 14.10 stands replaced as under:
The Contract shall be governed and construed according to the laws in force in
India. The Parties hereby submit to the exclusive jurisdiction of the Courts situated at
Jaipur.The Seat of arbitration will be Jaipur (India). The Arbitration shall be held at
“Jaipur, India” and conducted in English language.
99.1.8 Clause 14.11 of GTC stands deleted.
99.1.9 If the CONTRACTOR is a PSU or Public Sector Enterprise or is a Govt. Dept,
any disputes or differences between the CONTRACTOR and the OWNER hereto
arising out of any notified claim of the CONTRACTOR in terms hereof and/or
arising out of any amount claimed by the OWNER (whether or not the amount
claimed by the OWNER or any part thereof shall have been deducted from the
final bill of the CONTRACTOR or any amount paid by the OWNER to the
CONTRACTOR in respect of the work), then in suppression of the provisions of
Clause 14 of GTC, the following provisions shall apply, namely; such disputes of
differences shall be resolved amicably by mutual consultation or through the
good offices or empowered agencies of the Government. If such resolution is not
possible, then the unresolved disputes or differences shall be referred by either
party for resolution through Administrative Mechanism for Resolution of CPSES
Disputes (AMRCD) as mentioned in DPE OM No. 4(1)/2013-DPE (GM)/FTS-
1835 dated 22-05-2018"
99.2 Notwithstanding the existence of any dispute or arbitration in terms hereof or
otherwise, the CONTRACTOR shall continue and be bound to continue and perform
the works to completion in all respects according to the Contract (unless the Contract
or Works be determined by the OWNER) and the CONTRACTOR shall remain liable
and bound in all respects under the Contract.
100.0 CHANGE IN SOURCE OF SUPPLY
100.1 Deleted.
100.2 Deleted.
100.3 Deleted.
100.4 Change in source should be without any implication (including tax implication) to
OWNER. However any tax benefit shall be passed on to the OWNER.
101.0 MISCELLANEOUS:
In case of any dispute or disagreement in terms of the contract provisions and/or
decisions of Engineers-in-Charge (EIC) /Owner during execution of the Contract,
the Engineers-in-Charge (EIC) /Owner’s decision shall be final and binding to the
Contractor. In case of any disagreement with such decision, the Contractor shall
have the right to contest such decision in writing with reasons and documentary
evidence, expressing their disagreement and also have the right to take other
contractual provisions for final resolution of dispute.
However, Contractor’s disagreement or such action shall not affect the work in
any manner and the CONTRACTOR shall continue and be bound to continue
and perform the works to completion in all respects according to the
Contract (unless the Contract or Works be determined by the OWNER) and
the CONTRACTOR shall remain liable and bound in all respects under the
Contract as per time schedule.
Accordingly, the words “decision of Engineer-in-Charge’s shall not be arbitrable”
wherever appearing in the General Terms and Conditions (GTC) of Works
Contract included in the bidding document, shall stand modified to the above
extent.
102.0 INTEGRITY AGREEMENT
102.1 Bidders are required to sign the Integrity Agreement & Covering Letter and
submit the same along with the covering letter in the proforma attached as
Annexure to ITB. Offers of the Bidders who signed and accepted the Integrity
Agreement will only be taken up for evaluation.
102.2 In case, the information/ document furnished by the CONTRACTOR forming
basis of evaluation of its Bid is found to be false / fake/ forged after the award of
the Contract, OWNER shall have the right to terminate the Contract and get the
remaining Works executed by a third party at the risk & Cost of the
CONTRACTOR and without any prejudice to other rights available to OWNER
under the Contract such as forfeiture of the Contract Performance Bank
Guarantee, withholding of payment etc.
102.3 In case, this issue of submission of false/fake documents comes to the notice
after execution of the Works, OWNER shall have full right to forfeit any amount
due to the CONTRACTOR along with forfeiture of the Contract Performance
Bank Guarantee furnished by the CONTRACTOR.
102.4 Further, any CONTRACTOR which is found guilty of any Corrupt or Fraudulent
Practice or submission of false/fake /forged documents, shall be put on the
negative/ holiday list of OWNER debarring them from future business with
OWNER.
103.0 POLICY FOR PROVIDING PREFERENCE TO DOMESTICALLY (INDIAN)
MANUFACTURED IRON & STEEL PRODUCTS IN GOVERNMENT
PROCUREMENT (DMI &SP)
103.1 CONTRACTOR shall mandatorily comply with the provisions under DMI & SP
policy as enclosed with the ITB.
104.0 PURCHASE PREFERENCE LINKED WITH LOCAL CONTENT
104.1 In case the CONTRACTOR has availed preference under PPLC policy as
enclosed with the ITB, he shall be required to comply with all the provisions
under the same.
105.0 Contractor shall furnish statement along with copies of orders/ FOAs placed by
them on their sub-suppliers/ sub-contractors who are MSEs, to Engineer-in-
charge.
106.0 MODIFICATIONS TO GTC
106.1 Following clauses of GTC stands deleted/modified as under
(i) Clauses: 1.5 & 1.6 stand deleted.
(ii) Clause: 3.6 stands deleted.
(iii) The word “Rates” appearing in the first line of clause 3.8 stands replaced
with “Lumpsum Price”.
(iv) Clause: 3.10 & 3.11 stand deleted.
(v) Second sentence of clause 3.13 i.e. “All materials except ……… levies, if
any, etc.” stands deleted.
(vi) The word “bill of quantities” appearing in second line of clause 3.16 stands
deleted.
The last sentence in clause 3.16 i.e. “The Owner………without assigning
any reason.” stands deleted.
(vii) Clause: 3.18 to 3.22 stands deleted.
(viii) Clause: 4(a) stands deleted.
(ix) Clause: 5 stands deleted (First three paragraphs of clause 5 – “All the
works payable on this account.”
TIME SCHEDULE
[ANNEXURE- I TO SPECIAL CONDITIONS OF CONTRACT]
Note:
The time of completion shall be reckoned from the date of issue of award, i.e. date of Letter/Fax
of Acceptance (LOA/FOA).
_______________________________
(STAMP & SIGNATURE OF BIDDER)
The average annual financial turnover during the last 3 years (as
evidenced by Balance Sheets)
II.
8.
CRITERIA FOR QUALIFICATION OF SUB-CONTRACTOR
9.
Based on above information, we M/s. (Name of Main Contractor)
propose M/s. (Name of Sub-Contractor) as our sub-
contractor for the above mentioned works. We understand that notwithstanding above approval,
we shall remain fully responsible for the performance of the said sub-contractor and any failure of
the sub-contractor shall not absolve/relieve us of our responsibility to complete the works as
per the terms of conditions of the Contract.
NOTE: Bidders to fill all the details in the above proforma. Further Bidder shall also fill- in the
details at Sl.no.5 above based on the estimated value of the proposed work to be
subcontracted.
NON-MOBILIZATION Page 1 of 5
Abbreviations:
CV : Curriculum Vitae
EPC : Engineering, Procurement & Construction
EPCC : Engineering, Procurement, Construction & Commissioning
ISO : International Organization for Standardization
NDT : Non Destructive Testing
QA/QC : Quality Assurance /Quality Control
RT : Radiography Testing
UT Ultrasonic Testing
CONTENTS
Safety Officer/ Supervisor As per specification for HSE Management at construction sites enclosed elsewhere in the bid.
Quantity Surveyor Contract value (Rs) • < 20 Cr. works > 20 Cr. works
Degree holders 2 yrs. 5 yrs.
Diploma holders 5 yrs. 10 yrs.
Discipline Engineer (Including Degree in relevant Engineering Discipline with minimum 2 years of relevant experience in
construction or Diploma in relevant Engineering Discipline with minimum 4 years of relevant
welding/ NDT, QA/QC and
Planning) experience in Construction. Welding /NDT engineer shall possess valid Level-II certificate in
the relevant NDT methodology (RT/UT)
1. For Mechanical, Composite, EPC or EPCC Contracts of value more than Rupees 20 crores, the
Lead QA/QC Engineer shall be a qualified internal auditor for ISO 9001.
2. CVs of key construction personnel proposed to be deployed shall be submitted to
Owner/Engineer-in-Charge prior to their mobilization at site. The mobilization of key
personnel shall be done at site subject to prior approval of their CVs by Owner/Engineer-in-
Charge.
Penalty for non-mobilization per day per person after the contractual mobilisation period /
mobilisation schedule agreed during Kick off Meeting / jointly agreed between contractor
and PMC / owner based on front availability etc.
- Rs. 3000/- for Lead QA/QC Engineer, Lead Planning Engineer, Warehouse In-charge Lead
Discipline Engineer, Lead Welding/ NDT Engineer and the Quantity Surveyor
Page 1 of 1
1. Contractor must take due cognizance of the presence of rainy season / days in
his scheduled completion period and accordingly, shall take all necessary actions
to protect, reorganize and progress the work , uninterruptedly during the monsoon
period.
2. Contractor to collect all meteorological data from the local authority and collect
necessary information about the intensity, frequency and period of rainy season.
3. Noextensionoftimeduetointerruption/suspensionofwork,waterlogging,reduced
7. The contractor must indicate the structures / areas that he would like to progress
(as per the project schedule and priority) particularly during the monsoon clearly
indicating the sub-phases of construction like foundation / sub structure, super
structure etc.
8. Contractor shall procure and stock sufficient quantities of materials (if required,
outside the plant premises, the land for which is to be arranged by the contractor
at his cost and expenses) viz. coarse and fine aggregates, bricks etc. adequate
for the planned volume of the work during the monsoon, well in advance of the
onset of same so that progress of work is not affected on this account. The
Engineer-in-charge shall be free to inspect such storing arrangement (particularly
at places outside of the pant areas), at any appropriate time as deemed fit by him.
10. Contractor shall organize his work particularly for the underground activities in
foundation, excavation in a way that instead of opening up fronts everywhere and
in scattered locations (provided there is no priority concern) only those many
structures and/or areas should be worked where concerted and continuous effort
and resources could be engaged to bring the work up to the desired level
expeditiously to minimize any rework resulting from water accumulation /rain.
11. To maintain the standard welding quality and progress, localized welding booth in
sufficient numbers as per instruction of Engineer- in charge shall be installed for
protection against wind and rain.
12. Contractors item rates shall be include all costs and expenses including supply of
materials required for monsoon protection like tarpaulins, shed, structural, GI
sheet etc. for the above provisions and no separate payment shall be made on
this account.
TERMS OF PAYMENT
[ANNEXURE- X TO SPECIAL CONDITIONS OF CONTRACT]
Rev 00 Page 1 of 11
5% (Five percent) of Lumpsum Contract Price shall be payable as the first instalment of
mobilization advance after fulfilling the following formalities by the Contractor:
a) Signing of the formal Contract between the OWNER and the CONTRACTOR and
completion of kick off meeting.
b) Submission of Bank Guarantee(s) equivalent to 110% of advance i.e. 11% of
Lumpsum Contract Price of the said advance(s), valid for 3 months beyond
scheduled date of commissioning of the UNIT(s), from a Scheduled Bank (other
than co-operative banks ) in India recognised by RBI (including the Indian Branch of a
Foreign Bank which is recognised as a Scheduled Bank( other than co-operative
banks) by the Reserve Bank of India) and in a format acceptable to the OWNER. The
CONTRACTOR shall at the request of the OWNER suitably extend the validity of the
Bank Guarantee (s) for such period or periods as may be required failing which,
without prejudice to any other right or remedy available to the OWNER, the OWNER
shall be entitled to encash the Bank Guarantee (s). However, Contractor may submit
Bank Guarantee of 11% as above in two stages of 5.5% each for availing
advance against sub-clause 2.2 below.
c) Submission of Bank Guarantee(s) by way of CPBG as stipulated in Clause 4.0 of the
SCC. The CONTRACTOR shall at the request of the OWNER extend the validity of
the Bank Guarantee(s), where it is necessary to do so for the interest of the Project,
for such further period or periods as may be required failing which, without prejudice to
any other right or remedy available to the OWNER, the OWNER shall be entitled to
encash the Bank Guarantee(s).
2.2 SECOND INSTALLMENT
Balance 5% Mobilisation Advance shall be payable to the Contractor after Contractor has
constructed site Office, storage shed, fabrication yard etc. and has physically mobilized
equipments and is ready to start the work to the entire satisfaction of Engineer -in-Charge
and commencement of work at site and on submission of Bank Guarantees equivalent
to 5.5% of the Lump sum Contract price in case contractor has provided Bank
Guarantee equivalent to 5.5% of lump sum Contract price against 1st instalment of
mobilisation advance.”.
Rev 00 Page 2 of 11
2.3 The advance paid to the CONTRACTOR shall be used only for execution of this Contract
and the CONTRACTOR shall satisfy the OWNER/Engineer-in-Charge in this regard
whenever required. If it is found that the said advance has been utilised by the
CONTRACTOR in whole or part for any other purpose, the OWNER may at its discretion
forthwith recall the entire advance and without prejudice to any other right or remedy
available to the OWNER, recover the same by recourse to any Bank Guarantee(s).
2.4 The Indian Rupee advance(s) shall carry interest @ 10.05 % per annum (as on the date
of payment of mobilisation advance) calculated on the reducing unadjusted
balance(s) of the Indian Rupee advance(s) and the advance(s) shall, without prejudice to
any other mode of recovery available to the OWNER, be recovered from the Running
Account Bills and Final Bill of the CONTRACTOR @ 10% (Ten percent) of the Certified
Bill amount. The interest accrued thereon shall be additionally deducted from the amount
payable.
2.5 Foreign Currency Advance(s) : Foreign Currency Advance(s) shall carry interest @ 10.05
% per annum on the reducing unadjusted balance(s) for relative foreign currency.
The advance (s) shall, without prejudice to any other mode of recovery as may be available
to the OWNER, be recovered from the Running Account bills and other bills of the
Contractor made out in the relative foreign currency @ 10% (ten percent) of the amount
payable against the bill. The interest accrued thereon shall be additionally deducted from
the amount payable.
2.6 All recoveries against advances shall first be apportioned to interest (along with GST
applicable on Interest) and then to principal. At the request of the CONTRACTOR, the
Engineer-in-Charge shall certify the mobilization advance repaid and the Bank Guarantee,
issued on behalf of the CONTARCTOR to secure the mobilization advance, shall be allowed
to be reduced by the amount and the currency of the repayment certified. Such reduction
shall be allowed not more than 06 (six) occasions during the currency of Bank Guarantee
2.7 TDS on interest recovered on mobilization advance will be deposited by the Contractor and
same would be reimburse by the Owner against submission of Form-16.
2.8 The Contractor to ensure the validity of all bank guarantee as stipulated elsewhere in the
contract and no payment shall be released to the Contractor's if the validity of the bank
guarantee is less than 30 days unless otherwise specifically intimated to the Contractor.
2.9 The CONTRACTOR shall note that the rating of bank sanctioning the Bank Guarantee(s)
should not fall below the rating of ‘A’ from Moody’s or equivalent (from other rating agency)
in case of foreign bank and of at least ‘AA’ from CRISIL or equivalent (from other rating
agency) in case of Indian banks during the tenor of the Bank Guarantee(s). In case the
rating falls below threshold level at any time during the tenor of the Bank Guarantee(s), the
CONTRACTOR will arrange to replace the Bank Guarantee(s), at its cost, through a bank
acceptable to OWNER. In case of non-submission of replaced Bank Gurantee (s), without
prejudice to any other right or remedy available to the OWNER, the OWNER shall be
entitled to en-cash the Bank Guarantee(s).
2.10 The unadjusted balance of the Mobilisation Advance shall be adjusted in full against
payments due on Mechanical Completion
2.11 In case GST is applicable on Mobilization advance as per prevailing GST Law, such GST on
mobilization advance shall be borne & paid by CONTRACTOR only
Rev 00 Page 3 of 11
The CONTRACTOR, if so required, shall submit further breakup for various activities
through a billing schedule for Design and Engineering, Procurement and Supplies and
Construction which will be reviewed and approved by Engineer-In –Charge within 30 days of
submission of complete document in this regard by CONTRACTOR. For the purpose of
billing for each discipline under Construction, further break up such as Civil and Structural,
Mechanical, Piping, Electrical, Instrumentation, Insulation, Painting, etc. shall be made
which will be reviewed and approved by Engineer-in-charge. The CONTRACTOR shall be
paid monthly running account bills at stages of completion of individual item/work, based on
the value assessment by Engineer-in-charge in the following manner after deductions of
necessary dues payable by CONTRACTOR to the OWNER in accordance with various
provisions made elsewhere in the Bidding document.
At any given point of time, the cumulative percent payment made shall not exceed the
cumulative percent of actual physical progress of the PLANT.
Subject to the other provisions of the Contract documents, on account payments shall be
made as follows:
3.1 DESIGN & ENGINEERING SERVICES (as per FORM SP-1) (Maximum limit for quoted
prices shall be as per “Preamble to Schedule of Prices” )
i) 55% on submission of drawings and P&IDs (defined for review category in tender
document) and their approval under Code II on pro- rata basis. The breakup of 55%
shall be as given below:
o 8 % on P&IDs approval
o 5 % on Equipment Layout approval
o 2% on Completion of HAZOP meeting and finalization of report
o 1% on submission of compliance report of HAZOP and its acceptance
by PMC/OWNER
o 5 % on balance residual basic engineering (related with Process,
Thermal, Hydraulic, etc.) documents approval
o 10 % on Civil/ Structural Engineering drawings/ documents approval
o 5% on piping related drawings- documents approval
o 10 % on Mechanical equipment drawings/ documents approval
o 4% on Electrical Engineering drawings/ documents approval
o 5 % on Instrumentation Engineering drawings/ documents approval
Note: The payment is applicable even for all “Information” category documents. For all
“Information” category documents, the payment milestone shall be the cumulative of Code-2
and Code-1.
Rev 00 Page 4 of 11
ii) 15% submission of drawings and P&IDs (defined for review category in tender
document) and their approval under Code I on pro- rata basis.
o 2 % on P&IDs approval
o 1 % on Equipment Layout approval
o 1 % on balance residual basic engineering documents approval
o 4 % on Civil/ Structural Engineering drawings/ documents approval
o 1% on piping related drawings- documents approval
o 4% on Mechanical equipment drawings/ documents approval
o 1% on Electrical Engineering drawings/ documents approval
o 1 % on Instrumentation Engineering drawings/ documents approval
Note: The payment is applicable even for all “Information” category documents. For all
“Information” category documents, the payment milestone shall be the cumulative of Code-2
and Code-1.
iii) 5 % on submission and approval of 3D model at 30%, 60%, 90% stages and final
issuance to site.
o 1.5% against 30% 3-D Model Review
o1.5% against 60% 3-D Model Review
o1.5% against 90% 3-D Model Review
o0.5% against submission of 3-D Model Review after incorporation of all
accepted resolutions.
iv) 5% on Completion of “project documentation & data handover system”:
o 1.5% against submission of all Code-2 approved/information category
drawings in the designated Project Documentation system
o 1.5% against submission of all Code-1 approved/information category
drawings in the designated Project Documentation system
o 2% against submission of all the As-Built drawings in the designated
Project Documentation system .
Note: The payment is applicable even for all “Information” category documents. For all
“Information” category documents, the payment milestone shall be the cumulative of
Code-2 and Code-1.
v) 10 % on submission of As Built drawings for the Unit(s) along-with its electronic files
against the CONTRACTOR’s certified Running Account Bill(s) along with operation
and instruction manuals
viii) 2% on completion of Performance Guarantee Test Run of the Unit(s) against the
CONTRACTOR’s certified Running Account Bill(s).
Rev 00 Page 5 of 11
ix) 1% on completion of all work in all respect and acceptance thereof and submission of
all final documents against contractor’s certified Final bill.
3.2 SUPPLIES (as per FORM SP-2) (Maximum limit for quoted prices shall be as per “Preamble
to Schedule of Prices”)
Subject to the other provisions of Contract documents, on account payments for the
supplies will be made as follows:
i) 10% (Ten percent) of total supply value (including mandatory spares) on placement of
Purchase Order for major tagged items as per Annexure –VI on pro-rata basis. This
payment shall be released after submission of Bank Guarantee for equivalent value.
This bank guarantee shall be valid up to the Contractual Date of Completion plus 1
month. However, this bank guarantee shall be released after receipt of all materials at
site and issue of Certificate of Verification and Good Condition in respect thereof in
accordance with the provisions of SCC.
a) Signed invoice(s)
B INDIGENOUS MATERIALS
Rev 00 Page 6 of 11
a) Signed Invoice(s)
b) Packing list.
iii) On Issue of Certificate of Verification and Good Condition at Refinery Site, against
Contractor's Certified Running Account Bill(s) :
45% (Forty Five percent) of price of imported material as indicated in the Bill of
Materials and 45% (Forty Five percent) price of indigenous materials as indicated in
the Bill(s) of Materials on submission of:
Rev 00 Page 7 of 11
I. Payment of the amount payable against inland transportation shall be paid as follows:
Rev 00 Page 8 of 11
A. PIPING
Rev 00 Page 9 of 11
Rev 00 Page 10 of 11
Rev 00 Page 11 of 11
Assistance during operation being an additional activity after Commissioning of the unit
and the same shall not affect closure of the Contract of LSTK Work.
Note:
I. All bank guarantees shall be submitted from Scheduled Bank in India as per RBI Act
on Non-Judicial Stamp Paper of appropriate value.
II. The unadjusted balance of the Mobilisation Advance, if any, shall be adjusted in full
against payments due on Mechanical Completion of entire work under this contract.
III. All payments other than the Mobilization Advance shall be released only after
finalization of the planning and monitoring documents and Progress Schedule.
The Contractor shall always comply with the requirements of applicable laws and
provide necessary documents as prescribed under the Rules & Regulations, as
applicable from time to time. In particular, if any tax credit, refund or other benefit is
denied or delayed to Owner due to any non-compliance / delayed compliance by the
Supplier under the Goods & Service Tax Act (such as failure to upload the details of
the sale on the GST portal, failure to pay GST to the Government) or due to non-
furnishing or furnishing of incorrect or incomplete documents by the Contractor, the
Contractor shall be liable to reimburse Owner for all such losses and other
consequences including, but not limited to the tax loss, interest and penalty.
Page No. I
FOR RESTRICTED
CIRCULATION ONLY
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SAFETY PRACTICES DURING CONSTRUCTION
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OISD-GDN-192
Second Edition, April, 2016
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Page No. II
FOR RESTRICTED
CIRCULATION ONLY
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SAFETY PRACTICES DURING CONSTRUCTION
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Prepared by
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COMMITTEE ON
SAFETY PRACTICES DURING CONSTRUCTION
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Preamble
Indian petroleum industry is the energy lifeline of the nation and its continuous performance is
essential for sovereignty and prosperity of the country. As the industry essentially deals with
inherently inflammable substances throughout its value chain – upstream, midstream and
downstream – Safety is of paramount importance to this industry as only safe performance at all
times can ensure optimum ROI of these national assets and resources including sustainability.
While statutory organizations were in place all along to oversee safety aspects of Indian petroleum
industry, Oil Industry Safety Directorate (OISD) was set up in 1986 Ministry of Petroleum and Natural
Gas, Government of India as a knowledge centre for formulation of constantly updated world-scale
standards for design, layout and operation of various equipment, facility and activities involved in this
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industry. Moreover, OISD was also given responsibility of monitoring implementation status of these
standards through safety audits.
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In more than 25 years of its existence, OISD has developed a rigorous, multi-layer, iterative and
participative process of development of standards – starting with research by in-house experts and
iterating through seeking & validating inputs from all stake-holders – operators, designers, national
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level knowledge authorities and public at large – with a feedback loop of constant updation based on
ground level experience obtained through audits, incident analysis and environment scanning.
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The participative process followed in standard formulation has resulted in excellent level of
compliance by the industry culminating in a safer environment in the industry. OISD – except in the
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Upstream Petroleum Sector – is still a regulatory (and not a statutory) body but that has not affected
implementation of the OISD standards. It also goes to prove the old adage that self-regulation is the
best regulation. The quality and relevance of OISD standards had been further endorsed by their
adoption in various statutory rules of the land.
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the OISD philosophy of continuous improvement keeping pace with the global developments in its
target environment. To this end, OISD keeps track of changes through participation as member in
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large number of International and national level Knowledge Organizations – both in the field of
standard development and implementation & monitoring in addition to updation of internal knowledge
base through continuous research and application surveillance, thereby ensuring that this OISD
Standard, along with all other extant ones, remains relevant, updated and effective on a real time
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Together we strive to achieve NIL incidents in the entire Hydrocarbon Value Chain. This, besides
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other issues, calls for total engagement from all levels of the stake holder organizations, which we, at
OISD, fervently look forward to.
Jai Hind!!!
Executive Director
Oil Industry Safety Directorate
Page No. IV
FOREWORD
At the time of development of this document, 113 OISD standards, recommended practices
and guidelines are applicable to the Oil and Gas installations of Public sector Oil
Companies in India. 11 of these standards have been adopted by Petroleum and
Explosives Safety Organisation (PESO) in various rules administered by them and thus the
provisions of these standards are mandatory for entire Oil & Gas sector to that extent.
A few serious accidents have occurred in the recent past in India and abroad including
vapour cloud explosion and fire at Oil terminal near Jaipur emphasised the need for the
industry to review the existing provisions of various guidelines and statutory requirements.
With the above in view the Government of India directed the Oil Industry Safety directorate
to develop a comprehensive document covering all the facets of Safety in Design,
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Operation and Maintenance, of depots and terminals being run by marketing divisions of
Oil companies with an objective to strengthen the existing system.
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The present guideline on “Safety Practices During Construction” has been prepared by the
functional committee based on, existing standards, guidelines & recommended practices of
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OISD, the recommendations arising out of recent major accidents and their analysis, the
accumulated knowledge and experience of industry members in India and updation of
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National and International codes and practices.
Users are cautioned that no standard can be substitute to the “judgment and experience of
Engineers”
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This document will be reviewed periodically for improvements based on the new
experiences and better understanding. Suggestions are also invited from the users after it
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is put into practice to improve the document further. Suggestions may be addressed to:
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The Co-ordinator
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Government of India
Ministry of Petroleum & Natural Gas
8th Floor, OIDB Bhavan, Plot No. 2, Sector – 73, Noida – 201301 (U.P.)
Website: www.oisd.gov.in
Tele: 0120-2593800, Fax: 0120-2593802
Page No. V
NOTE
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Though every effort has been made to assure
the accuracy and reliability of the data contained in these
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documents, OISD hereby expressly disclaims any liability
or responsibility for loss or damage resulting from their
use.
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These documents are intended to supplement
rather than replace the prevailing statutory requirements.
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Page No. VI
LIST OF MEMBERS
S/Shri
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Ashok Dashputre Vice President, RIL Member
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P K Agarwal CM (HSE), IOCL Member
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Udoay Payyadi Sr. Manager-Maintenance, HPCL Member
Vijay Mohan
B K Rabha
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Addl. Director, CHT
Member
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Sankar Raman V CM-E&C, BPCL - Kochi Refineries Ltd. Member
In addition to the above, several other experts from Industry contributed in the
preparation, review and finalisation of this Guideline.
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NAME ORGANISATION
LEADER
Shri A.K. Tandon EIL, New Delhi.
MEMBERS
1. Shri U.M. Rao GAIL, Noida.
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2. Shri K.N. Ravindran CRL, Cochin
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3. Shri P.K. Anand ONGC, Mumbai.
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5. Shri Jagnandan Tyagi IOC(PL) Nodia.
Member-Coordinator
Shri A.K. Ranjan OISD, New Delhi
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CONTENTS
1.0 Introduction 1
2.0 Scope 1
3.0 Definitions 1
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4.2 General Duties Of Owners 4
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5.0 Safety Practices At Work Places 4
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5.2 Means Of Access And Egress 5
5.3 Housekeeping di 5
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5.4 Precautions against The Fall Of Materials and Persons
and Collapse Of Structures 6
5.7 Lighting 7
6.1 Excavation 10
6.5 Cutting/Welding 27
Page No. IX
6.11 Electrical 40
6.12 Offshore 43
6.13 Demolition 48
6.14 Radiography 49
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8.0 Environment Protection 53
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9.0 Occupational Health 55
10.0 Documentation 56
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11.0 Safety Awareness & Training 56
12.0 References di 57
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Annexure I 58
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1.0 INTRODUCTION
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The reasons for accidents during construction activities are related to unique
nature of the industry, human behaviour, difficult work-site conditions, extended
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odd duty hours, lack of training & awareness and inadequate safety
management. Unsafe working methods, lack of proper JSA (Job Safety Analysis)
and use of improper / inadequate PPEs, equipment failure and improper
housekeeping also tend to increase the accident rate in construction.
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Ensuring good quality of materials, equipment and competent supervision along
with compliance of standard engineering practices shall go a long way to in built
safety into the system.
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The objective of this document is to provide practical guidance on technical and
educational framework for health, safety and environment in construction with a
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view to:
(a) prevent accidents and harmful effects on the health of workers arising
from employment in construction;
(b) ensure appropriate safety during implementation of construction;
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2.0 SCOPE
including green field projects in oil industry. However, before commencing any
job, specific hazards and its effects should be assessed and necessary
corrective/preventive actions should be taken by all concerned. The document is
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3.0 DEFINITIONS
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
Construction site:
A worksite involving new construction, modification or maintenance of
existing facility, shutdown related activity, demolition, housekeeping etc.
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Environment:
Environment includes water, air and land and the interrelationship which
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exists among and between water, air and land and human beings, other
living creatures, plants, microorganisms and property.
Execution agency:
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Any entity / person, having contractual obligation with the owner and who
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employs one or more workers on a construction site.
Owner: Any entity / person for whom construction job is carried out.
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a lifting appliance.
Safety : Prevention & protection from exposure to Hazard.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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safety and environment protection point of view;
(c) working methods are adopted to safeguard workers against
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the harmful effects of chemical, physical and biological
agents.
iii) establish committees with representatives of workers and
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management or make other arrangement for the participation of
workers in ensuring safe working conditions.
iv)
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arrange for periodic safety inspections by competent persons of
all buildings, plant, equipment, tools, machinery, workplaces and
review of systems of work, regulations, standards or codes of
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practice. The competent person should examine and ascertain the
safety of construction machinery and equipment.
v) provide such supervision to ensure that workers perform their
work with due regard to safety and health of theirs as well as that
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of others.
vi) employ only those workers who are qualified, trained and suited
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ix) organise for and remain always prepared to take immediate steps
to stop the operation and evacuate workers as appropriate, where
there is an imminent danger to the safety of workers.
x) establish a checking system by which it can be ascertained that
all the members of a shift, including operators of mobile
equipment, have returned to the camp or base at the close of
work on dispersed sites and where small groups of workers
operate in isolation.
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xii) ensure that workers do not operate or interfere with plant and
equipment that they have not been duly authorised to operate,
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maintain or use.
xiii) ensure that workers do not sleep, rest or cook etc in dangerous
places such as scaffolds, railway tracks, garages, confined
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spaces or in the vicinity of fires, dangerous or toxic substances,
machines or vehicles and heavy equipment etc.
xiv)
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obtain the necessary clearance/permits as required and specified
by owner.
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Arrangement for drinking water, toilet facilities, a creche and
transport arrangement etc. to be provided as per statutory
requirement.
xv) deploy a safety officer at site as per the requirement of Factory
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
5.1.1 All openings and other areas likely to pose danger to workers should be
clearly indicated and accident prevention measures taken as required.
The working area should be clearly de-marketed to keep the workers in
that area only.
5.1.2 Workers & Supervisors should use the safety helmet and other
requisite Personal Protective Equipment according to job & site
requirement as per OISD-STD-155 (Part I & II). They should be trained
to use personal protective equipment including their limitations.
5.1.3 Never use solvents, alkalis and other oils to clean the skin.
5.1.4 Lift the load with back straight and knees bent. The contractor shall
ensure at his construction site, no worker lifts by hand or carries
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overhead or over his back or shoulders any material, article, tool or
pipelines exceeding in weight as per The Factory Act 1948 / Rule 38 of
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Building & Construction Workers Regulation (BOCWR), unless aided by
another worker or device.
5.1.5 Ensure the usage of correct and tested tools and tackles. Don't allow
the make shift tools and tackles. Also the tools should be suitable for a
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particular job and rated accordingly.
5.1.6
5.1.7
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No loose clothing should be allowed while at construction site.
Start work only after proper authorization viz Work permit etc.
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5.1.8 Job safety analysis to be done for all critical works.
5.1.9 Hydra should not be used for transportation of hook loaded materials.
5.1.10 Rope ladders should not be used at construction sites.
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Adequate and safe means of access (atleast two, differently located) to and
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egress from all workplaces should be provided. Same should be displayed and
maintained. Escape routes should be marked prominently in workers friendly
language. The escape routes should not be blocked at any point of time and
same to be made understand to the workers.
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5.3 HOUSEKEEPING
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5.3.1 General Housekeeping shall be carried out by the contractor and he will
ensure;
i) proper storage of materials and equipment;
ii) removal of scrap, inflammable material, waste and debris at
appropriate intervals including slippery materials. (construction
sand on road, oil/ lubricants, resins, etc.).
iii) to provide containers for segregation of disposal of debris at
required places and regular cleaning of the same.
5.3.2 Removal of loose materials, which are not required for use, to be
ensured. Accumulation of these at the site can obstruct means of
access to and egress from workplaces and passageways.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
5.3.3 Workplaces and passageways, that are slippery owing to oil, grease or
other causes, should be cleaned up or strewn with sand, sawdust, ash
etc.
5.3.4 All surplus earth and debris are removed/disposed off from the working
areas to officially designated dumpsites. The debris like plastics,
packing material, rubber items should not be allowed to burn. Trucks
carrying sand, earth and any pulverized materials etc. in order to avoid
dust or odour impact, shall be covered while moving.
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5.4.1 Precautions should be taken such as the provision of fencing, look-out
men or barriers to protect any person against injury by the fall of
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materials, or tools or equipment being raised or lowered.
5.4.2 Where necessary to prevent danger, guys, stays or supports should be
used or other effective precautions should be taken to prevent the
collapse of structures or parts of structures that are being erected,
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maintained, repaired, dismantled or demolished.
5.4.3
5.4.4
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All openings through which workers are liable to fall should be kept
effectively covered or fenced and displayed prominently.
SOP of crane operation should be adhered to. The crane jacks/legs
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should be parked on compacted surface to avoid tilting.
5.5.1 Construction sites located in built-up areas and alongside vehicular and
pedestrian traffic routes should be fenced to prevent the entry of
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unauthorised persons.
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to have photo IDs including the staff of vehicles used in the job.
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5.6.1 All necessary measures should be taken by the executing agency and
owner to:
i) avoid the risk of fire;
ii) control quickly and efficiently any outbreak of fire;
iii)bring out a quick and safe evacuation of persons.
iv)Inform unit/fire station control room, where construction work is
carried out within existing operating area.
v) DMP should be in place for the same.
5.6.2 Combustible materials such as packing materials, sawdust, greasy/oily
waste and scrap wood or plastics should not be allowed to accumulate
in workplaces but should be kept in closed metal containers in a safe
place. To be disposed periodically away from site at designated place
and assigned manner.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
5.6.3 Places where workers are employed on works prone to danger of fire
should be provided with:
i) suitable and sufficient fire-extinguishing equipment, which should be
easily visible and accessible;
ii) an adequate water supply at sufficient pressure meeting the
requirements of various OISD standards.
iii) required PPEs.
5.6.4 To guard against danger at places having combustible material, workers
should be trained in the action to be taken in the event of fire, including
the use of means of escape.
5.6.5 At sites having combustible material, suitable visual sign boards should
be provided to indicate clearly the direction of escape in case of fire.
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5.6.6 Means of escape should be kept clear at all times. Escape routes
should be frequently inspected and if possible marked in fluorescent
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colours particularly in high structures and where access is restricted.
5.7 LIGHTING
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5.7.1 Where natural lighting is not adequate, working light fittings or portable
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hand-lamps should be provided at workplace on the construction site
where a worker will do a job.
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5.7.2 Emergency lighting should be provided for personnel safety during night
time to facilitate standby lighting source, if normal system fails.
5.7.2 Artificial lighting should not produce glare or disturbing shadows.
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construction operations.
5.7.5 For temporary lighting connection, mostly neutral and phases are
connected and insulation tapes are provided. It is better to stagger the
neutral and phase connection so that even if the tape gets removed from
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the joints, there will be no short circuit/ spark between neutral and phase
due to staggering of neutral and phase.
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5.7.6 All the temporary lighting/ machine connections are to be provided from
a three core cable for better safety.
i) Plant, machinery and equipment including hand tools, both manual and
power driven, should:
a) be of proper design and construction, taking into account health,
Safety and ergonomic principles.
b) be maintained in good working order;
c) be used only for work for which they have been designed.
d) be operated only by workers who have been authorised and given
appropriate training.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
iii) Standard operating procedures should be established and used for all
plant, machinery and equipment.
v) Plant, machinery and equipment should be switched off when not in use
and isolated before any adjustment, clearing or maintenance is done.
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vi) Where trailing cables or hose pipes are used they should be kept as
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short as practicable and not allowed to create a hazard.
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viii) Every power-driven machine and equipment should be provided with
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adequate means, immediately accessible and readily identifiable to the
operator, of stopping it quickly and preventing it from being started again
inadvertently.
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ix) Operators of plant, machinery, equipment and tools should be provided
with PPEs, including where necessary, suitable ear protection.
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ii) Heads of hammers and other shock tools should be dressed or ground to
a suitable radius on the edge as soon as they begin to mushroom or crack.
iii) When not in use and while being carried or transported, sharp tools should
be kept in sheaths, shields, chests or other suitable containers.
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ii) Hose and hose connections for compressed air supply to portable
pneumatic tools should be:
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
a) designed and tested for the pressure and service for which they
are intended;
b) fastened securely on the pipe outlet and equipped with the safety
chain, as appropriate.
iii) Pneumatic shock tools should be equipped with safety clips or retainers to
prevent dies and tools from being accidentally expelled from the barrel.
iv) Pneumatic tools should be disconnected from power and the pressure in
hose lines released before any adjustment or repair is made.
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ii) All electrical tools should be earthed, unless they are "all insulated" or
"double insulated" tools which do not require earthing.
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iii) All electrical tools should get inspected and maintained on a regular basis
by a competent electrician and complete records kept.
iv) No temporary connected appliance shoud be left connected in the socket.
Its plug should be immediately removed after use.
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5.8.5 Engines
i) Engines should:
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a) be installed so that they can be started safely and the maximum
safe speed cannot be exceeded.
b) have controls for limiting speed.
c) have devices to stop them from a safe place in an emergency.
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
Proof/Pressure Testing
Working at Heights
Handling & Lifting Equipment
Vehicle Movement
Electrical
Offshore
Demolition
Radiography
Shot blasting/ spray painting
Work above water
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Work permit system as per requirement of OISD-STD-105 shall be followed for
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various construction activities. As regards the activities at work places including
grass root project sites if not covered under OISD-STD-105, owner shall develop
a suitable methodology for execution of various construction activities under work
permit system for safe execution of the works.
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The safe practices to be followed during the implementation of above construction
activities are given below:
6.1 EXCAVATION
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6.1.1 All excavation work should be planned and the method of excavation and
the type of support work required should be decided considering the
following:
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roadways;
iii) to prevent hazard, the Hydrocarbon lines, water, electrical and other
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above ground & underground public utilities should be shut off, re-
routed or disconnected, if necessary; If such a presence is envisaged,
clearance to be taken from respective competent authority/ person.
iv) the position of culvert/bridges, temporary roads and spoil heaps
should be determined;
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6.1.2 Before digging begins on site, all excavation work should be planned and
the method of excavation and the type of support work required should be
decided based on good engineering practices and recorded.
6.1.3 All excavation work should be supervised by a competent person.
6.1.4 Sites of excavations should be thoroughly inspected:
i) daily, prior to each shift and after interruption in work of more than one
day;
ii) after every blasting operation;
iii) after an unexpected fall of ground;
iv) after substantial damage to supports;
v) after a heavy rain, frost or snow;
vi) when boulder formations are encountered.
vii) for cracks in the nearby buildings or area as the excavation
progresses and the same to be reviewed.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
6.1.5 Safe angle of repose while excavating trenches exceeding 1.5m depth
upto 3.0m should be maintained. Based on site conditions, provide
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proper slope, usually 45 ,and suitable bench of 0.5m width at every 1.5m
depth of excavation in all soils except hard rock or provide proper shoring
and strutting to prevent cave-in or slides.
6.1.6 As far as possible, excavated earth should not be placed within one
meter of the edge of the trench or depth of trench whichever is greater.
6.1.7 Don't allow vehicles to operate too close to excavated area. Maintain
atleast 2m distance from edge of excavation or depth of trench whichever
is greater. No load, plant or equipment should be placed or moved near
the edge of any excavation where it is likely to cause its collapse and
thereby endanger any person unless precautions such as the provision of
shoring or piling are taken to prevent the sides from collapsing.
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6.1.8 Adequately anchored stop blocks and barriers should be provided to
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prevent vehicles being driven into the excavation. Heavy vehicles should
not be allowed near the excavation unless the support work has been
specially designed to permit it.
6.1.9 If an excavation is likely to affect the stability of a structure on which
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persons are working, precautions should be taken to protect the structure
from collapse.
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6.1.10 Barricade at 1m height (with red & white band/self glowing caution board)
should be provided for excavations beyond 1.0 m depth. Provide two
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entries/exits for such excavation through proper means. Lighting
arrangements to be made to avoid any accidental fall in the excavated
portion even when work is not in progress.
6.1.11 Necessary precautions should be taken for underground utility lines like
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6.1.12 Water shall be pumped/ bailed out, if any accumulates in the trench.
Necessary precautions should be taken to prevent entry of surface water
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in trenches.
6.1.13 During / after rains, the soil becomes loose. Take additional precaution
against collapse of side wall. During rains excavation should be avoided.
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6.1.14 In hazardous areas, air should be tested to ascertain its quality. No one
should be allowed entry till it is suitable for breathing.
En
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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General Requirements
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Categories and Classification
a
Tube and coupler scaffold
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System scaffolds e.g. Cup lock, Ring lock, H frame scaffold
Suspension(or Suspended) scaffold
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Mobile scaffold
Special scaffold
Light duty
Medium duty (General Purpose)
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Heavy duty
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Kg/m
Tubular with clamps Max. bay length (distance 2.7 2.2 1.8 1.4 1.0 0.8
between two verticals) in
En
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
For all such cases, but not limited to, in addition to checklist, a plant
specific procedure cum checklist based on additional risk is to be
prepared & validated by a competent person (example: procedure for
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erection/ dismantling shall be prepared and followed. If need felt, help
from Engineering Cell/Third Party may be taken for checking proposed
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scaffold in respect of design and load carrying capacity etc.).
Specifications of Scaffolds
a
Applicable to all Scaffolds
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1. All elevated structures/ working platform areas should be guarded on
all sides.
In
2. Railings and toe boards should be provided on the platform.
4. Make certain that all scaffolds are in plumb and level at all times.
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less.
8. The members of scaffolds should extend at least 6" on either ends but
not more than 12". They should be fastened on both ends and laid
tight by clamps.
10. Scaffold which spread to 20 meter or more should have two accesses
preferably opposite side.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
11. Plastic Checklist holder with red marked to be used as a “Not Fit-for-
Purpose” warning signboard and Green colour combined checklist to
be used as “Fit-for-Purpose” signboard.
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1. Tube and coupler scaffolds over 30 meter in height must be Designed
by a competent professional engineer (who by extensive knowledge,
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training, and experience have successfully demonstrated his ability to
carry out scaffold design and load calculations).
2. Maximum height of first horizontal member (Ledger) of scaffolds from
the Ground shall be 2.2 meters. Lower lift can be considered for heavy
a
loads depending upon the scaffold design. When scaffold is more than
6 meter height for carrying heavy load, kicker lift should be provided at
a height of 150mm from ground.
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3. The top rail shall be at height of 900-1200 mm and Mid rails must be
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installed approximately halfway between the top rail and the platform
surface. Toe boards (150mm) should be securely attached to the
working platform. Toe boards are generally applicable to working
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4. The bay length & width depends on the height and the load to be
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coupler.
En
8. Base plate 150 x 150 x 6mm shall be used to support all vertical pipes
of Scaffolds.
9. Sole plate shall be used at all unpaved area to support base late.
10. Scaffolding platform Grating shall be tied with clamp at both ends, and
scaffolding platform Grating shall not overhang more than 150 mm
and shall be at least 150 mm away from hot surface.
11. Every scaffold shall be provided with certified ladder and extending its
free end shall be above platform by 1000 mm/ four rungs.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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5. Do not try to move rolling scaffolding without sufficient help. Watch
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out for holes protrusions in the floor and for overhead obstructions.
a
Design Criteria
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All types of scaffolds shall be strong enough of carrying and
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transmitting all types of loads to the ground. All scaffolds shall be
adequately secured, stiffened, both longitudinally and transversely.
such as:
o Purpose of scaffolding
e
o Required height
o Surrounding environment
En
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
d
Special safety care to be taken while shifting or lifting pipes manually.
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Rope and pulley should be used to lift pipe from height.
a
Safety requirements
di
A risk assessment to access scaffold hazards through inspection and work
method statement for relevant work activities shall be made before erecting,
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dismantling, moving, or modifying scaffold. Examples of hazards to be
considered include the following:
The presence of nearby electrical lines or process equipment (e.g. hot line,
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The condition and loading of working surfaces /platform /scaffold pipes and
other components or loose material such as clamps/ bolts on the working
gi
platforms.
En
The presence and activity of other people and equipment in the vicinity of
the work.
The weather (Heavy rain, high wind velocity-more than 20 knots, etc).
Scaffold collapse.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
This assessment is a part of the work permit process but should also be
extended to the specific job planning of the crew performing the work.
Appropriate actions shall be taken to mitigate the hazards identified during the
assessment.
d
of the scaffold or by using scaffold systems and components that are
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approved by the manufacturer as adequate anchorages. Employees/workmen
shall use appropriate fall-arrest equipment.
The footing for supported scaffolds shall be sound, rigid, and capable of
a
supporting the maximum intended load, including the weight of the scaffold.
di
Scaffold platform grating shall be fastened on both ends and laid tight by
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scaffold clamps/couplers.
Manufacturer’s guidelines for proprietary scaffolds (e.g. Cup lock, ring lock, H
frame, Insulating modular scaffolds) shall be followed unless a competent
rs
person approves the variance and provided the variance complies with
applicable regulations and generally accepted scaffold engineering practices.
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There shall be firm foundation for all scaffoldings. All scaffolding shall be
En
Provide adequate Base for scaffolding posts. Metal base plate is used
under all upright or standard scaffoldings. Correct type of couplers shall be
used for all connections. Use right angle couplers for joining vertical to
horizontal members and swivel type couplers for joining bracing with
ledgers. For joining vertical load bearing members (standards), “joint pin”
type couplers can also be used. The couplers shall be of a structural
metal, such as drop-forged steel, malleable iron, or structural grade
aluminum (use of gray cast iron is prohibited).
Plumb and level scaffoldings as erection proceeds, so that braces will fit
without forcing. Fasten all braces securely.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
Where scaffoldings are erected above walkways or work areas, the space
between toe board and railing should be screened (e.g. Safety net, Metal
sheets).
Whenever work is being done over men who are working on scaffolding,
overhead protection should be provided on the scaffolding.
d
runway or stairway. The ladder shall be so installed that there supporting
member (pipe) is just below ladder rung. This is to avoid tripping hazard,
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especially while using the ladder.
a
not later than first two horizontal members (Ledgers). This is to facilitate
Scaffolder while erecting the scaffold.
di
During erection/ dismantling, scaffolder shall use ‘T’ steps to minimize risk
of accidental fall/ slip.
In
Ladder should be provided with tie rods/studs at top and bottom rungs and
secured to scaffolding with ladder clamps, at least 2 locations for a ladder
of length up to 4 m & at 3 locations for more than 4 m long ladder.
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the height.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
Scaffold shall be removed from top bracings. Ties, rackers etc. should not
be removed from section lower than the one which is being dismantled.
Dismantled scaffold material shall be neatly stacked, away from the site
until whole of scaffold has been dismantled.
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and suitable provision should be made where work cannot safely
be done on or from the ground or from part of a building or other
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permanent structure.
ii) Scaffolds should be provided with safe means of access, such as
stairs, ladders or ramps. Ladders should be secured against
inadvertent movement.
a
iii) Every scaffold should be constructed, erected, properly secured/
di
tied and maintained so as to prevent collapse or accidental
displacement during erection, while in use, in idle state or
dismantling.
In
iv) Every scaffold and part thereof should be constructed :
(a) in such a way so as not to cause hazards for workers during
erection and dismantling;
rs
(c) with sound material and of requisite size and strength for the
purpose for which it is to be used and maintained in a proper
ne
condition.
v) Boards and planks used for scaffolds should be protected against
splitting.
gi
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
d
(b) materials used in its construction are sound and of sufficient
strength;
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(c) it is of sound construction and stable;
(d) that the required safeguards are in position.
xvi) A scaffold should not be erected, substantially altered or
a
dismantled except by or under the supervision.
xvii) If out-rigger scaffolding is to be used, it should be specifically
di
designed and inspected before putting in use.
In
6.2.3 Lifting appliances on scaffolds (CHAIN PULLEY BLOCKS,
PULLERS)
measures required;
(b) any movement of the scaffold members should be prevented;
ne
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
d
to prevent tipping.
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xi) The platform edges shall be provided with 150mm high toe board to
eliminate hazards of tools or other objects falling from platform.
xii) Erect ladders in the “four up-one out position”
a
xiii) Ladder shall be properly secured with the structure.
xiv) Use non-slip devices, such as, rubber shoes or pointed steel
di
ferules at the ladder foot, rubber wheels at ladder top, fixing
wooden battens, cleats etc.
In
xv) When ladder is used for climbing over a platform, the ladder must
be of sufficient length, to extend at least one meter above the
platform, when erected against the platform in “four up-one out
position.”
rs
xvi) Portable ladders shall be used for heights not more than 4mt.
Above 4mt flights, fixed ladders shall be provided with at least 600
mm landings at every 6mt or less.
e
xvii) The width of ladder shall not be less than 300mm and rungs shall
ne
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
(a) platforms should be designed and built with dimensions that are
compatible with the stability of the structure as a whole, especially
the length;
(b) the number or anchorage should be compatible with the
dimensions of the platform;
(c) the safety of workers should be safeguarded by an extra rope
having a point of attachment independent of the anchorage
arrangements of the scaffold;
(d) the anchorage and other elements of support of the scaffold
should be designed and built in such a way as to ensure sufficient
strength;
(e) the ropes, winches, pulleys or pulley blocks should be designed,
assembled, used and maintained according to the requirements
established for lifting gear adapted to the lifting of persons
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according to national laws and regulations;
(f) before use, the whole structure should be checked by a competent
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person.
a
i) It should not be used in oil & gas installations and in the areas
where hot work is to be done.
ii) di
For construction and maintenance of low rise residential and office
buildings, situated outside explosive licensed area, bamboo
In
scaffold, if unavoidable, should conform to provisions given in lS-
3696 (Part 1)-1987.
rs
structure.
iii) Formwork, falsework and shoring should be so designed,
En
constructed and maintained that it will safely support all loads that
may be imposed on it. Conformity with design during job execution
shall be certified by the competent person and the relevant records
shall be maintained.
iv) Formwork should be so designed and erected that working
platforms, means of access, bracing and means of handling and
stabilising are easily fixed to the formwork structure.
v) Proper methodology based on the design of the building /
structure to be developed and approved by competent person
before resorting to dismantling / modifications.
vi) All works / facilities should be certified for structural stabilities by a
competent person and on statutory requirement completed before
putting to use.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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ii) Steel and prefabricated structures should be so designed and
made that they can be safely transported and erected. Route
survey to be carried out from works to construction site route
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considering the load bearing capacity of the bridges, height of the
bridges en-route and maximum width and length permissible
without causing any hazard to public, the route and the equipment.
a
iii) In addition to the need for the stability of the part when erected, the
design should explicitly take following into account:
(a) di
the conditions and methods of attachment in the operations of
transport, storing and temporary support during erection or
dismantling as applicable;
In
(b) Methods for the provision of safeguards such as railings and
working platforms, and, when necessary, for mounting them
easily on the structural steel or prefabricated parts.
rs
iv) The hooks and other devices built in or provided on the structural
steel or prefabricated parts that are required for lifting and
transporting them should be so shaped, dimensioned and
e
positioned as:
(a) to withstand with a sufficient margin the stresses to which
ne
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
d
Workers Regulation (BOCWR).
Lt
x) Structural steel or prefabricated parts should be lifted only after
rigging plan approved by competent person to prevent them from
spinning, slipping or dropping accidentally.
a
xi) When necessary to prevent danger, before they are raised from the
ground, structural steel or prefabricated parts should be provided
xii)
prevent falls of persons. di
with safety devices such as railings and working platforms to
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xxiii) Steel trusses that are being erected should be adequately shored,
braced or guyed until they are permanently secured in position.
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xxiv) Load-bearing structural member should not be dangerously
weakened by cutting, holing or other means.
xxv) Structural members should not be forced into place by the hoisting
a
machine while any worker is in such a position that he could be
injured by the operation.
xxvi) di
Open-web steel joists that are hoisted singly should be directly
placed in position and secured against dislodgment.
In
xxvii) All structures should be designed for either permanent anchors or
provision for erection of anchors as and when required to support
life line during any Maintenance work etc. during life of the
structure. The point of provision of anchor should be indicated
rs
6.3.3 Reinforcement
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
rd
extend 1/3 of deck length or 1.5 Meters whichever is less and tied
with red flags/lights.
x) Reinforcement rods, cut pieces etc. should be properly stored at
identified locations and the scrap should be disposed off promptly
on regular basis.
6.3.4 Concreting
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conditions and mechanically locked.
iv) Pipelines in concrete pumping system shall not be attached to
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temporary structures such as scaffolds and formwork support as
the forces and movements may affect their integrity.
v) Check safety cages & guards around moving motors/parts etc.
a
provided in concreting mixers.
vi) Use Personal Protective Equipment like gloves, safety shoes, full
di
body safety harness, safety goggles, etc. while dealing with
concrete and wear respirators for dealing with cement.
In
vii) Earthing of electrical mixers, vibrators, etc. should be done and
verified.
viii) Cleaning of rotating drums of concrete mixers shall be done from
outside. Lockout devices shall be provided where workers need to
rs
xii) Don't allow the same workers to pour concrete round the clock.
Insist on shift pattern.
En
6.4.1 Site shall be barricaded and provided with warning signs, including night
warning lamps at appropriate locations for traffic diversion. This should
be done sufficiently advance as a warning to the approaching drivers for
the impending dander ahead.
6.4.2 Filled and empty bitumen drums shall be stacked separately at
designated places.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
6.4.3 Mixing aggregate with bitumen shall preferably be done with the help of
bitumen batch mixing plant, unless operationally non-feasible.
6.4.4 Road rollers, Bitumen sprayers, Pavement finishers shall be driven by
experienced drivers with valid driving license.
6.4.5 Workers handling hot bitumen sprayers or spreading bitumen aggregate
mix or mixing bitumen with aggregate shall be provided with PVC hand
gloves and rubber shoes with legging up to knee joints.
6.4.6 At the end of day's work, surplus hot bitumen in tar boiler shall be
properly covered by a metal sheet, to prevent anything falling in it,
6.4.7 If bitumen accidentally falls on ground, it shall be immediately covered by
sprinkling sand, to prevent anybody stepping on it. Then it shall be
removed with the help of spade.
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6.4.8 For cement concrete roads, besides site barricading and installation of
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warning signs for traffic diversion, safe practices mentioned in the
chapter on "Concreting", shall also be applicable.
6.4.9 Any excavation for road work should be done only after surveying
underground utilities and after taking suitable precautions. The
a
underground utilities to be rerouted as required after approval of
competent person / authority.
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6.4.10 All the raw material for road construction/ maintenance to be stored on
designated place which should be away from the running road. The
In
running road should not be used for storing the sand, hot bitumen, etc..
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
vi) The welding receptacles shall be rated for 63 A suitable for 415V,
3-Phase system with a scraping earth. Receptacles shall have
necessary mechanical interlocks and earthing facilities.
vii) All cables, including welding and ground cables shall be checked
for any worn out or cracked insulation before starting the job and
such cables shall not be used. Ground cable should be separate
without any loose joints.
viii) Cable coiling shall be maintained at minimum level, if not
avoidable. Criss-crossing of welding/electrical power supply
cables & gas cutting hoses shall be avoided. Care to be taken
against damage of gas cutting hoses.
ix) An energised electrode shall not be left unattended.
d
x) The power source shall be turned off at the end of job.
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xi) All gas cylinders shall be properly secured in upright position.
xii) Acetylene cylinder shall be turned and kept in such a way that the
valve outlet points away from oxygen cylinder.
a
xiii) Acetylene cylinder key for opening valve shall be kept on valve
stem, while cylinder is in use, so that the acetylene cylinder could
xiv)
di
be quickly turned off in case of emergency. Use flash back
arrestors to prevent back-fire in acetylene/oxygen cylinder.
When not in use, valves of all cylinders shall be kept closed.
In
xv) All types of cylinders, whether full or empty, shall be stored at
cool, dry place under shed.
xvi) Forced opening of any cylinder valve should not be attempted.
rs
xxii) If cylinders have to be moved, be sure that the cylinder valves are
shut off.
En
xxiii) Before changing torches, shut off the gas at the pressure reducing
regulators and not by crimping the hose.
xxiv) Do not use matches to light torches, use a friction lighter. Gas
torch should be ignited with the lighter only. It should not be
ignited by touching other hot surfaces.
xxv) Move out any leaking cylinder immediately and cap it. No hot work
should be permitted in the vicinity of such leaked cylinders.
xxvi) Use trolleys for oxygen & acetylene cylinder and chain them.
xxvii) Always use Red hose for acetylene and other fuel gases and
Black for oxygen, and ensure that both are in equal length.
xxviii) Ensure that hoses are free from burns, cuts and cracks and
properly clamped.
xxix) Avoid dragging hoses over sharp edges and objects
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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6.6 WORKING IN CONFINED SPACES
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6.6.1 Following safety practices for working in confined space like towers,
columns, tanks and other vessels should be followed in addition to the
safety guidelines for specific jobs like scaffolding, cutting/welding etc.
a
i) Shut down, positively isolate, depressurise and purge the vessel
as per laid down procedures.
ii) di
Entry inside the vessel to carry out any job shall be done after
issuance of valid permit only in line with the requirement of OISD-
In
STD-105.
iii) Ensure proper and accessible means of exit before entry inside a
confined space.
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iv) The number of persons allowed inside the vessel should be limited
to avoid overcrowding. Record of entering person shall be
maintained with in and out time.
e
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
d
before opening the vessel. Attempt should be made to remove the
pyropheric substances. Otherwise, these should be always kept
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wet by suitable means.
xviii) The cutting torches should also be kept outside the vessel
immediately after the cutting.
a
xix) The gas cylinders used for cutting/welding shall be kept outside.
Care to be taken for the integrity of gas hoses and welding cables
xx)
di
while work is in progress.
All cables, hoses, welding equipment etc., shall be removed from
In
confined space at end of each work day, even if the work is to be
resumed in the same space the next day.
xxi) To the extent possible sludge shall be cleared and removed from
outside before entering.
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xxii) No naked light or flame or hot work such as welding, cutting and
soldering should be permitted inside a confined space or area
e
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
6.7.1 Review test procedure before allowing testing with water or air or any
other fluid. Testing should be done only after proper Job Safety Analysis
(JSA) and its approval.
6.7.2 Provide relief valves of adequate size while testing with air or other gases.
6.7.3 Ensure compliance of necessary precautions, step wise loading,
tightening of fasteners, grouting etc. before and during testing.
6.7.4 Inform all concerned in advance of the testing.
6.7.5 Keep the vents open before opening any valve for filling/draining of liquid
used for hydrotesting. The filling/draining should not exceed the designed
rate for pressure testing.
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6.7.6 Provide separate gauges of suitable range for pressurising pump and the
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equipment to be tested.
6.7.7 Provide gauges at designated locations for monitoring of pressures.
6.7.8 Check the calibration of all pressurising equipment and accessories and
a
maintain records.
6.7.9 Take readings at pre-defined intervals.
di
6.7.10 Arrangement to be made to ensure that the pressurizing system i.e.
motor-pump set is out of circuit so that the system under hydro testing is
In
not re-pressurized by the contractor due to pressure drop before a pre-
defined time.
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i) While working at a height of more than 2.2 meters, ISI approved full
body harness shall be used.
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ii) While working at a height of more than 2.2 meters, permit should
be issued by competent person before commencement of the job.
iii) Worker should be well trained on usage of full body harness
gi
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
xi) Keep both hands free while climbing. Don't try to bypass the steps
of the ladder. Same to be followed while climbing down. Further on
climbing down, front of the body to be towards the ladder.
xii) Try to maintain calm at height. Avoid over exertion.
xiii) Avoid movements on any structural member without fall protection.
xiv) Elevated workplaces including roofs should be provided with safe
means of access and egress such as stairs, ramps or ladders.
xv) Fall protection hierarchy to be followed as below:
(a) Elimination: Explore possibility whether job can be done
avoiding work at height.
(b) Prevention: Prevent fall of a worker by providing appropriate
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fall prevention system.
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(c) Fall arrest system: Arrest the fall using suitable fall arrest
system. Ensure to have a strong suitably designed anchor
point.
(d) Warning Lines: Use a warning line using a rope or wire barrier
a
around roof to warn workers that they are getting close to the
roof edge.
(e)
(f)
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Safety Monitoring: Use a safety monitor to warn the workers.
Administration: Prepare a written administrative procedure to
In
ensure workers are doing the best that they can.
v) Roofing brackets should fit the slope of the roof and be securely
supported.
vi) Where it is necessary for a person to kneel or crouch near the edge
of the roof, necessary precautions should be taken.
vii) On a large roof where work have to be carried out at or near the
edge, a simple barrier consisting of crossed scaffold tubes
supporting a tubing guardrail may be provided.
viii) All covers for openings in roofs should be of substantial
construction and be secured in position.
ix) Roofs with a pitch of more than 10 should be treated as sloping.
x) When work is being carried out on sloping roofs, sufficient and
suitable crawling boards or roof ladders should be provided and
firmly secured in position.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
xi) During extensive work on the roof, strong barriers or guardrails and
toe-boards should be provided to stop a person from falling off the
roof.
xii) Where workers are required to work on or near roofs or other
places covered with fragile material, through which they are liable
to fall, they should be provided with suitable roof ladders or
crawling boards strong enough and when spanning across the
supports for the roof covering to support those workers.
xiii) A minimum of two boards should be provided so that it is not
necessary for a person to stand on a fragile roof to move a board or
a ladder, or for any other reason.
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6.8.3 Work on tall chimneys
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i) For the erection and repair of tall chimneys, scaffolding should be
provided. A safety net should be maintained at a suitable distance
below the scaffold.
a
ii) The scaffold floor should always be at least 65 cm below the top of
the chimney.
iii)
di
Under the working floor of the scaffolding the next lower floor
should be left in position as a catch platform.
In
iv) The distance between the inside edge of the scaffold and the wall
of the chimney should not exceed 20 cm at any point.
v) Catch platforms should be erected over:
rs
vii) When workers use the outside rungs to climb the chimney, a
securely fastened steel core rope looped at the free end and
hanging down at least 3 m should be provided at the top to help the
En
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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6.9 HANDLING AND LIFTING EQUIPMENT:
6.9.1 General Provisions
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Following are the general guidelines to be followed with regard to all types
of handling and lifting equipment in addition to the guidelines for specific
type of equipments dealt later on.
a
i) There should be a well-planned safety programme to ensure that
di
all the lifting appliances and lifting gear are selected, installed,
examined, tested, maintained, operated and dismantled with a
view to preventing the occurrence of any accident;
In
ii) All lifting appliances shall be examined by competent persons at
frequencies as specified in "The Factories act".
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iii) Check thoroughly quality, size and condition of all lifting tools like
chain pulley blocks, slings, U-clamps, D-shackles etc. before
putting them in use.
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iv) Safe lifting capacity of all lifting & handling equipment, tools and
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v) Check periodically the oil, brakes, gears, horns and tyre pressure,
lighting fixtures of all moving equipments like cranes, forklifts,
trailers, etc. as per manufacturer's recommendations.
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vi) Check the weights to be lifted and accordingly decide about the
crane capacity, boom length and angle of erection.
vii) Allow lifting slings as short as possible and check packing at the
friction points.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
xi) Only trained operators and riggers should carry out the job. While
the crane is moving or lifting the load, the trained rigger should be
there for keeping a vigil against hitting any other object.
xiii) Allow crane to move on hard, firm and leveled ground. Ensure that
all the crane pedestals/ hydraulic jacks taking weight of the crane
and load are on a firm compacted surface.
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crane boom should either be lowered or locked as per
manufacturer's guidelines.
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xv) Hook and load being lifted shall remain in full visibility of crane
operators, while lifting, to the extent possible.
a
xvi) Don't allow booms or other parts of crane to come within 3 meters
reach of overhead electrical cables.
xvii)
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No structural alterations or repairs should be made to any part of
a lifting appliance, which may affect the safety of the appliance
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without the permission and supervision of the competent person.
6.9.2 Hoists
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and there is no risk of any person coming into contact with any
moving part of the hoist, but in no case should the enclosure be
less than 1 meter in height.
iii) The guides of hoist platforms should offer sufficient resistance to
bending and, in the case of jamming by a safety catch, to buckling.
iv) Where necessary to prevent danger, adequate covering should be
provided above the top of hoist shafts to prevent material falling
down them.
v) Outdoor hoist towers should be erected on firm foundations, and
securely braced, guyed and anchored.
vi) A ladderway should extend from the bottom to the top of outdoor
hoist towers, if no other ladderway exists within easy reach.
vii) Hoisting engines should be of ample capacity to control the
heaviest load that they will have to move.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
viii) Hoists should be provided with devices that stop the hoisting
engine as soon as the platform reaches its highest stopping place.
ix) Winches should be so constructed that the brake is applied when
the control handle is not held in the operating position.
x) It should not be possible to set in motion from the platform a hoist,
which is not designed for the conveyance of persons.
xi) Winches should not be fitted with pawl and ratchet gears on which
the pawl must be disengaged before the platform is lowered.
xii) Hoist platforms should be capable of supporting the maximum load
that they will have to carry with a safety factor.
xiii) Hoist platforms should be equipped with safety gear that will hold
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the platform with the maximum load if the hoisting rope breaks.
xiv) If workers have to enter the cage or go on the platform at landings
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there should be a locking arrangement preventing the cage or
platform from moving while any worker is in or on it.
xv) On sides not used for loading and unloading, hoist platforms should
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be provided with toe-boards and enclosures of wire mesh or other
suitable material to prevent the fall of parts of loads.
xvi)
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Where necessary to prevent danger from falling objects, hoist
platforms should be provided with adequate covering.
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xvii) Counterweights consisting of an assemblage of several parts
should be made of specially constructed parts rigidly connected
together.
xviii) Counterweights should run in guides.
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legible characters:
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xxii) On each side in which access is provided, the cage should have a
gate fitted with devices which ensure that the gate cannot be
opened except when the cage is at a landing and that the gate
must be closed before the cage can move away from the landing.
xxiii) Every gate in the enclosure of the hoist shaft which gives access
from a landing place to the cage should be fitted with devices to
ensure that the gate cannot be opened except when the cage is at
that landing place, and that the cage cannot be moved away from
that landing place until the gate is closed.
6.9.3 Derricks
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Stiff-leg derricks
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combined weight of the crane structure and maximum rated load.
ii) Devices should be used to prevent masts from lifting out of their
seating.
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iii) Electrically operated derricks should be effectively earthed from the
sole plate or framework.
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Counterweights should be so arranged that they do not subject the
backstays, sleepers or pivots to excessive strain.
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v) When derricks are mounted on wheels:
a) a rigid member should be used to maintain the correct
distance between the wheels;
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the manufacturer.
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vii) The jib of a scotch derrick crane should not be erected within the
backstays of the crane.
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Guy derricks
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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iv) Gin poles, which are moved from place to place and re-erected,
should not be taken into use again before the pole, lifting ropes,
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guys, blocks and other parts have been inspected, and the whole
appliance has been tested under load.
v) When platforms or skips are hoisted by gin poles, precautions
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should be taken to prevent them from spinning and to provide for
proper landing.
iii) Care should be taken in the assessment of wind loads both during
operations and out of service. Account should also be taken of the
effects of high structures on wind forces in the vicinity of the crane.
iv) The ground on which the tower crane stands should have the
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v) Bases for tower cranes and tracks for rail-mounted tower cranes
should be firm and level. Tower cranes should only operate on
gradients within limits specified by the manufacturer. Tower cranes
should only be erected at a safe distance from excavations and
ditches.
vi) Tower cranes should be sited where there is clear space available
for erection, operation and dismantling. As far as possible, cranes
should be sited so that loads do not have to be handled over
occupied premises, over public thoroughfares, other construction
works and railways or near power cables.
vii) Where two or more tower cranes are sited in positions where their
jibs could touch any part of the other crane, there should be direct
means of communication between them and a distinct warning
system operated from the cab so that one driver may alert the other
of impending danger.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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crane immobilised.
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xi) A windspeed measuring device should be provided at an elevated
position on the tower crane with the indicator fitted in the drivers'
cab.
xii) Devices should be provided to prevent loads being moved to a
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point where the corresponding safe working load of the crane
would be exceeded. Name boards or other items liable to catch the
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wind should not be mounted on a tower crane other than in
accordance with the manufacturers' instructions.
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xiii) Tower cranes should not be used for magnet, or demolition ball
service, piling operations or other duties, which could impose
excessive loading on the crane structure.
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iv) Where multiple independent ropes are used, for the purpose of
stability, to lift a work platform, each rope should be capable of
carrying the load independently.
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
6.10.8 All vehicles used for carrying workers and construction materials
must undergo predictive/preventive maintenance and daily checks
6.10.9 Driver with proper valid driving license shall only be allowed to
drive the vehicle
6.10.10 Routes shall be leveled marked and planned in such a way so as
to avoid potential hazards such as overhead power lines and
sloping ground etc.
6.10.11 While reversing the vehicles, help of another worker should be
ensured at all times
6.10.12 An unattended vehicle should have the engine switched off
6.10.13 Wherever possible one-way system shall be followed
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6.10.14 Barriers/fixed stops should be provided for excavation/openings to
prevent fall of vehicle
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6.10.15 Load should be properly secured
6.10.16 The body of the tipper lorry should always be lowered before
driving the vehicle off.
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6.10.17 Signs/signals/caution boards etc. should be provided on routes.
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6.10.18 All vehicles in a running process plants to use spark arrester on
the exhaust.
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6.10.19 No material should be protruding outside the vehicle for the safety
of the public. If necessary, same to be marked as per RTO
regulations.
6.10.20 Proper caution tag should be available on the vehicle for
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6.11 ELECTRICAL
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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same should be high enough to avoid contact with water
due to water logging.
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x) Don't work wet on electrical system.
xi) Don't overload the electrical system.
xii) Use only proper rated HRC fuses / ELCB / MCB.
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xiii) Only ISI marked or equivalent industrial type extension
xiv)
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boards and Plug sockets are to be used.
ELCB for all temporary connections must be provided
using 3 pin plug.
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xv) All power supply cables should be laid properly and neatly
so that they don't cause hindrance to persons working and
no physical damage also takes place to the cables during
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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xxx) ISI marked Insulating mats shall be provided in the front
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and back end of switch boards.
xxxi) All parts of electrical installations should be so constructed,
installed and maintained as to prevent danger of electric
shock, fire and explosion.
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Periodic checking of electrical safety appliances such as
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gloves, insulating mats, hoods etc. to be done/witnessed in
line with OISD-STD-137, and records to be maintained duly
endorsed by the concerned.
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xxxii) A notice displaying following, should be kept exhibited at
suitable places in local language also:
a) prohibiting unauthorized persons from entering electrical
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cables.
xxxiv) Utmost care should be taken while excavating Earth from
cable trench to avoid damage or any accident.
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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work permit is returned back, lock/tag on isolated feeder
are removed and the workplace is reported safe.
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v) Electricians should be provided with approved and tested
tools and personal protective equipment such as rubber
gloves, arc flash suit etc.
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vi) All conductors and equipment should be considered to be
live unless there is a proof of the contrary.
vii)
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When work has to be done in dangerous proximity to live
parts the power supply should be cut off. If for operational
reasons this is not possible, the live parts should be fenced
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off or enclosed by qualified staff from the sub-station
concerned.
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6.11.3. Testing
6.12 OFFSHORE
6.12.1 General
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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as standby for any eventuality.
vi) Periodical health check-up of all personal on platforms
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shall be ensured and remedial measures shall be taken
as per statutory and other requirements.
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6.12.2 Drilling Rigs
i)
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Location of jack up rigs should not be less than 5 Kms from
shipping route. Orientation of the rig, wind direction, etc.
are required for safe landing of helicopter. Information w.r.t.
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sea currents, wind speed, Hi- Low tide, etc. are required for
mooring of supply vessels.
ii) Sea bed condition at every location should be ensured for
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safety of rig.
iii) Radio and other communication facilities should be such to
maintain contact with base all times.
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iv) During toeing of rig, the rig deck should be clear of load,
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6.12.3 Drilling
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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phone should be available between the crane operator,
supervisor and helper.
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xi) Crane operation should be completely stopped during
helicopter landing/ taking off.
xii) Except for helicopter landing deck, all decks, platforms,
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bridges, ladders should have rigid and fixed guard rails
atleast one meter high and should have one intermediate
xiii)
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rail midway between the handrail and 100 mm toe board.
Wooden ladders shall not be used at offshore.
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xiv) Flow sensor in the flow line should be ensured for safe
working and to avoid blow out.
xv) Hydrogen sulphuide gas In offshore is of great risk and at
10 ppm (0.001%) concentration in air, a person should not
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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access it immediately in emergency for safety. Safety
officer should judge the requirement & inform FPS for the
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same.
viii) Railings and Gratings etc. in and around work area should
be O.K. and inspected to avoid slippage of man into sea.
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ix) Emergency Shut Down (ESD) system is initiated when an
abnormal condition is detected. ESD should be checked
x)
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once in six months.
Platform should be manned round the clock.
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xi) Welding and cutting work should be regulated by hot work
permit.
xii) All detectors should be calibrated as per recommendation
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of the manufacturer.
xiii) No system should be by-passed which affects the system
of platform.
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recommendations.
xv) Follow the instructions of F.P.S. during stay at platform
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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6.12.6 Life Saving Appliances
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ii) No. of life boats on one installation should have a capacity
to accommodate twice the number of persons onboard
iii)
installation.
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Launching appliances and life boat equipment should be
checked every week.
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iv) Boat landing areas should be adequately illuminated.
v) Life raft has no power and they rely on drift.
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
6.13 DEMOLITION
6.13.1. General provisions
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(a) necessary precautions, methods and procedures
should be adopted, including those for the disposal of
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waste or residues;
(b) the work should be planned and undertaken only
under the supervision of a competent person.
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ii) Before demolition operations begin:
(a) structural details and builders' drawings should be
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obtained wherever possible;
(b) details of the previous use should be obtained to
identify any possible contamination and hazards from
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chemicals, flammables, etc.;
(c) an initial survey should be carried out to identify any
structural problems and risks associated with
flammable substances and substances hazardous to
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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xii) Structures should not be left in a condition in which they
could be brought down by wind pressure or vibration.
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xiii) Where a deliberate controlled collapse technique is to be
used, expert engineering advice should be obtained, and:
(a) it should only be used where the whole structure is to
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come down because it relies on the removal of key
structural members to effect a total collapse;
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(b) it should only be used on sites that are fairly level and
where there is enough surrounding space for all
operatives and equipment to be withdrawn to a safe
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distance.
xiv) When equipment such as power shovels and bulldozers
are used for demolition, due consideration should be given
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points of impact.
6.14 RADIOGRAPHY
6.14.1 All radiography jobs shall be carried out as per BARC Safety
Regulations
6.14.2 During field radiography, nearby area around the radiation source
should be cordoned off.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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6.14.8 The radiation level alongwith the cordon should be monitored by a
suitable and well-calibrated radiation survey meter.
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6.14.9 All personnel working with radiography sources should wear
appropriate protective equipment and film badges issued by
BARC.
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6.14.10 Protection facilities such as manipulator rod, remote handling
tongs, lead pots, radiation hazard placards and means of cordon
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off shall be available at each site.
6.14.11 The radiography source shall never be touched or handled directly
with hands.
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6.14.12 The package containing radiography cameras and sources should
never be carried by public transport like bus, train etc.
6.14.13 Radiography sources and cameras, when not in use, should be
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level outside the storage room should not exceed 0.25 mR/hr as
per BARC Regulations.
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6.15.1 Blasting for surface preparation should be used only after approval
from competent person.
6.15.2 Air Compressor used for grit/shot/slag blasting/painting should
have guard and positioned away from the work place.
6.15.3 Exhaust of the prime mover, if IC engine is used, should be fitted
with PESO approved spark arrester (in case of work in hazardous
area) and directed away from the work place.
6.15.4 In case of motor driven compressor, the body of the motor as well
as the compressor to be properly earthed.
6.15.5 The hoses used for compressed air should be of proper quality,
and health of the same to be ensured through regular check/ test.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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6.15.11 “No Smoking Zone” boards should be displayed prominantly in
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paints shop/ spray paint area.
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6.16.1 General Provisions
i)
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Where work is done over or in close proximity to water &
where possibility of drowning exists, provision should be
made for:
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a) preventing workers from falling into water;
b) the rescue of workers in danger of drowning;
c) safe and sufficient transport.
d) deputation of lifeguards/divers.
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adequate:
a) fencing, safety nets and safety harnesses;
b) lifebuoys, life jackets and manned boats;
c) protection against such hazards as reptiles
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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sufficient buoyancy to bring persons to the surface and
keep them afloat face upwards, be easily secured to the
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body, be readily visible by way of self luminous paint/strip.
ii) Nobody should work alone on or above water.
iii) Each worker should be trained in the procedure to be
followed in the event of an emergency.
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iv) Necessary rescue arrangements like divers, rescue boats
etc to be in place.
v)
vi)
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Persons to be trained for CPR/ Artificial resuscitation as
an first aid to the rescued person.
Also for off shore operations. Speed of water current and
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water temperature to be considered.
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i) No job shall be carried out without a valid permit. Permit should be in line
with OISD-STD-105 "Work Permit System".
ii) Smoking should be prohibited in all places containing readily combustible
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iii) In confined spaces and other places where flammable gases, vapours or
dusts can cause danger, following measures should be taken:
(a) only approved type electrical installations and equipment,
including portable lamps, should be used;
(b) there should be no naked flames or source of ignition;
(c) oily rags, waste and clothes or other substances liable to
spontaneous ignition should be removed without delay to a safe
place;
(d) Air operated ventilation system should be provided.
iv) Regular inspections should be made of places where there are fire risks.
These include the vicinity of heating appliances, electrical installations and
conductors, stores of flammable and combustible materials, welding and
cutting operations.
v) Welding, flame/gas cutting and other hot work should only be done after
issuance of work permit in line with the requirement of OISD-STD-105
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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all parts of the site where persons are liable to work. There should be an
effective evacuation plan so that all persons are evacuated.
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ix) Notices should be posted at conspicuous places indicating:
(a) the nearest fire alarm;
(b) the telephone number and address of the nearest emergency
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services.
x) The work site shall be cleared of all combustible materials, as Sparks and
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molten metal coming from the welding job can easily ignite combustible
materials near or below the welding site. If the combustible materials
cannot be removed from the area, the same shall be properly shielded.
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xi) A dry chemical type fire extinguisher (DCP) shall be made available in the
work area. Also fire protection facilities like running hoses etc. as per
permit should be complied with.
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free area and verifying the same with the suitable hydrocarbon detector.
xiv) The confined space/equipment shall be made gas free (hydrocarbon and
toxic) and cleaned and shall be ensured, with the help of suitable gas
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detectors.
xv) Used and hot electrode stubs shall be discarded in a metal bucket.
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xvi) Use PESO approved and certified spark arrestors for vehicles, wherever
applicable.
xvii) Relevant work permit ( hot work, cold work, vessel entry etc. as the case
maybe) to be obtained, if construction work is carried out within existing
operating area.
xviii) Precaution against pyrophoric material shall be ensured.
8.1 Waste
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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The Contractor shall handle waste in a manner that ensures they are held
securely without loss or leakage thus minimizing potential for pollution
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and fire. The Contractor shall maintain and clean waste storage areas
regularly.
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designated location and maintain the site free from obstruction. The scrap
to be disposed as per owner instruction at regular interval.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
The Contractor shall maintain the MSDS of the chemicals used / stacked
at site and same shall be handled as per the standard prescribed
procedure. The quantity shall be stored strictly as per the norms and
emergency handling procedure shall be known and displayed
prominently.
8.4 Noise
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or off the Site, will not cause any unnecessary or excessive noise.
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8.5 Occupational Noise
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prescribed.
ii) When employees are subjected to expose the sound levels beyond
should be ensured. di
the prescribed limit, feasible administrative or engineering controls
iii) If such controls fail to reduce sound levels within the levels, personal
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protective equipment shall be provided and used to reduce sound
levels within the prescribed limit.
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Regulation (BOCWR).
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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iv) First-aid kit or boxes should not contain anything besides material
for first aid in emergencies.
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v) First-aid kits and boxes should contain simple and clear
instructions to be followed, be kept under the charge of a
responsible person qualified to render the first aid and be regularly
inspected and replenished.
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vi) Where the work involves risk of drowning, asphyxiation or electric
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shock, first-aid personnel should be proficient in the use of
resuscitation and other life saving techniques as specified in
rescue procedures.
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vii) Emergency telephone numbers of nearby Hospitals, Police, Fire
Station and Administration should be prominently displayed.
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10.0 DOCUMENTATION
All accidents (major, minor or near miss) should be investigated, analysed and
recommendations should be documented along with implementation status.
All related data should be well-documented and further analysis highlighting the
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major cause(s) of accidents be done. This will help in identifying thrust areas and
training needs for prevention of accidents.
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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deptts/categories of workers. The sense of reward/recognition also will
improve safety awareness and result in enhancing safety levels.
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vi) Exhibitions: Exhibitions also make the workers acquainted with hazards and
means of preventive measures.
vii) Safety Publication: Safety publications including pocket books dealing with
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ways of investigation and prevention in the field of safety and so on, may be
distributed to workers to promote the safety awareness.
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viii) Safety Drives: From time to time, an intensive safety drive by organising a
safety day or a safety week etc. should be launched.
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ix) Training: Training for covering the hazards for different trade should be
imparted. Training should also include the specific hazards related to a job in
addition to the general safety training as has been dealt in various chapters
and should include all workers. Reference may be drawn from OISD-STD-
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154.
12.0 REFERRENCES
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vi) IS 1161: 2006 or latest edition - Steel tubes for structural purposes —
specification
vii) IS 2750: 1964 or latest edition - Specification for steel scaffolding.
viii) IS : 3696 (Part 1) – 1987 (Scaffolds) Safety code of scaffolds and ladders
ix) IS : 3696 (Part 2) – 1987 (Ladders)Safety code of scaffolds and ladders
x) IS 4014 Part I: 2006 or latest edition - Code of practice for steel tubular
scaffolding - definitions and materials.
xi) IS 4014 Part II: 2005 or latest edition - Code of practice for Steel tubular
scaffolding - Safety regulations for scaffolding.
xii) Building & Other Construction Workers(Regulation on employment
&conditions of service) central rules, 1998 (Provision related to Scaffold).
xiii) OHSA Standard on Scaffold (CFR 1926.452)
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
ANNEXURE I
LIST OF SAFETY CODES FOR CIVIL WORKS PUBLISHED BY BUREAU OF
INDIAN STANDARDS
Sr.no Code No. Title
01. IS : 818 Code of Practice for Safety and Health Requirements in Electric
and Gas Welding and Cutting Operations – First Revision.
02. IS : 875 Code of practice for Structural safety of buildings: Masonry walls
03. IS : 933 Specification for Portable Chemical Fire Extinguisher, Foam
Type – Second Revision.
04. IS : 1179 Specification for Equipment for Eye and Face Protection during
Welding – First Revision.
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05. IS : 1904 Code of practice for Structural safety of buildings: Shallow
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foundations
06. IS : 1905 Code of practice for Structural safety of buildings: Masonry walls
07. IS : 2171 Specification for Portable Fire Extinguishers, Dry Powder Type –
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Second Revision.
08. IS : 2361 Specification for Building Grips – First Revision.
09. IS : 2750
10. IS : 2925
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Specification for Steel Scaffoldings.
Specification for Industrial Safety Helmets – First Revision.
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11. IS : 3016 Code of Practice for Fires Precautions in Welding and Cutting
Operations – First Revision.
12. IS : 3521 Industrial safety belts and harnesses
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13. IS : 3696 – Part I Safety Code for Scaffolds and Ladders : Part I – Scaffolds.
14. IS : 3696 – Part II Safety Code for Scaffolds and Ladders : Part II – Ladders.
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16. IS : 4014 -Part I & II Code of practice for Steel tubular scaffolding
17. IS : 4081 Safety Code for Blasting and Related Drilling Operations.
18. IS : 4082 Recommendations on staking and storage of construction
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materials at site
19. IS : 4130 Safety Code for Demolition of Buildings – First Revision.
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
29. IS : 7069 Safety Code for Handling and Storage of Building Materials.
30. IS : 7293 Safety Code for Working with Construction Machinery.
31. IS : 7323 Guidelines for operation of Reservoirs
32. IS : 7969 Safety code for handling and storage of building material
33. IS : 8758 Recommendation for Fire Precautionary Measures in
construction of Temporary Structures and Pandals.
34. IS : 8989 Safety Code for Erection of Concrete Framed Structures.
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35. IS : 9706 Code of Practices for construction of Arial ropeways for
transportation of material
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36. IS : 9759 Guidelines for de-watering during construction
37. IS : 9944 Recommendations on safe working load for natural and man-
made fibre rope slings
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38. IS : 10291 Safety code for dress divers in civil engineering works
39. IS :10386 – Part I
building
43. IS : 13416 Recommendations for preventive measures against hazards at
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working places
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
Page No. I
FOR RESTRICTED
CIRCULATION ONLY
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CONTRACTOR SAFETY
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OISD – GUIDELINES – 207
Page No. II
FOR RESTRICTED
CIRCULATION ONLY
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CONTRACTOR SAFETY
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Prepared by
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FUNCTIONAL COMMITTEE ON CONTRACTOR SAFETY
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Preamble
Indian petroleum industry is the energy lifeline of the nation and its continuous performance is essential for
sovereignty and prosperity of the country. As the industry essentially deals with inherently inflammable
substances throughout its value chain – upstream, midstream and downstream – Safety is of paramount
importance to this industry as only safe performance at all times can ensure optimum ROI of these national
assets and resources including sustainability.
While statutory organizations were in place all along to oversee safety aspects of Indian petroleum industry,
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Oil Industry Safety Directorate (OISD) was set up in 1986 Ministry of Petroleum and Natural Gas,
Government of India as a knowledge centre for formulation of constantly updated world-scale standards for
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design, layout and operation of various equipment, facility and activities involved in this industry. Moreover,
OISD was also given responsibility of monitoring implementation status of these standards through safety
audits.
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In more than 25 years of its existence, OISD has developed a rigorous, multi-layer, iterative and participative
process of development of standards – starting with research by in-house experts and iterating through
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seeking & validating inputs from all stake-holders – operators, designers, national level knowledge
authorities and public at large – with a feedback loop of constant updation based on ground level experience
obtained through audits, incident analysis and environment scanning.
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The participative process followed in standard formulation has resulted in excellent level of compliance by
the industry culminating in a safer environment in the industry. OISD – except in the Upstream Petroleum
Sector – is still a regulatory (and not a statutory) body but that has not affected implementation of the OISD
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standards. It also goes to prove the old adage that self-regulation is the best regulation. The quality and
relevance of OISD standards had been further endorsed by their adoption in various statutory rules of the
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land.
Petroleum industry in India is significantly globalized at present in terms of technology content requiring its
operation to keep pace with the relevant world scale standards & practices. This matches the OISD
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philosophy of continuous improvement keeping pace with the global developments in its target environment.
To this end, OISD keeps track of changes through participation as member in large number of International
and national level Knowledge Organizations – both in the field of standard development and implementation
& monitoring in addition to updation of internal knowledge base through continuous research and application
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surveillance, thereby ensuring that this OISD Standard, along with all other extant ones, remains relevant,
updated and effective on a real time basis in the applicable areas.
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Together we strive to achieve NIL incidents in the entire Hydrocarbon Value Chain. This, besides other
issues, calls for total engagement from all levels of the stake holder organizations, which we, at OISD,
fervently look forward to.
Jai Hind!!!
Executive Director
Oil Industry Safety Directorate
Page No. IV
FOREWORD
At the time of development of this document, 113 OISD standards,
recommended practices and guidelines are applicable to the Oil and Gas
installations of Public sector Oil Companies in India. 11 of these standards have
been adopted by Petroleum and Explosives Safety Organisation (PESO) in
various rules administered by them and thus the provisions of these standards
are mandatory for entire Oil & Gas sector to that extent.
A few serious accidents have occurred in the recent past in India and abroad
including vapour cloud explosion and fire at Oil terminal near Jaipur emphasised
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the need for the industry to review the existing provisions of various guidelines
and statutory requirements.
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With the above in view the Government of India directed the Oil Industry Safety
directorate to develop a comprehensive document covering all the facets of
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Safety in Design, Operation and Maintenance, of depots and terminals being run
by marketing divisions of Oil companies with an objective to strengthen the
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existing system.
The present guideline on “Contractor Safety” has been prepared by the functional
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committee based on, existing standards, guidelines & recommended practices of
OISD, the recommendations arising out of recent major accidents and their
analysis, the accumulated knowledge and experience of industry members in
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India and updation of National and International codes and practices.
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Users are cautioned that no standard can be substitute to the “judgement and
experience of Engineers”
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This document will be reviewed periodically for improvements based on the new
experiences and better understanding. Suggestions are also invited from the
users after it is put into practice to improve the document further. Suggestions
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This guideline in no way supercedes the statutory regulations of Chief Controller of Explosives
(CCE), Factory Inspectorate or any other statutory body, which shall be followed as applicable.
Page No. V
NOTE
OISD (Oil Industry Safety Directorate) publications are prepared for use in the Oil
and Gas Industry under Ministry of Petroleum & Natural Gas. These are the
property of Ministry of Petroleum & Natural Gas and shall not be reproduced or
copied and loaned or exhibited to others without written consent from OISD.
Though every effort has been made to assure the accuracy and reliability of the
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data contained in these documents, OISD hereby expressedly disclaims any
liability or responsibility for loss or damage resulting from their use.
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These documents are intended to supplement rather than replace the prevailing
statutory requirements.
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Page No. VI
LIST OF MEMBERS
S/Shri
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Dharmvir Addl. Director, OISD Member Coordinator
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A K Gupta DGM (HSE), IOCL Member
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S Mukharjee DGM (C), EIL Member
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Udoay Payyadi Sr. Manager-Maintenance, HPCL Member
In addition to the above, several other experts from Industry contributed in the preparation,
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LIST OF MEMBERS
S/Shri
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K Prakash Bharat Petroleum Corporation Ltd. Member
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A Tilwankar Bharat Petroleum Corporation Ltd. Member
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Thomas Chacko Kochi Refineries Ltd. Member
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R Chakravarty Numaligarh Refineries Ltd.
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In addition to the above, several other experts from Industry contributed in the preparation,
review and finalisation of this Guideline.
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CONTRACTOR SAFETY
CONTENTS
1.0 INTRODUCTION 1
2.0 SCOPE 1
3.0 DEFINITIONS 1
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4.0 DUTIES / RESPONSIBILITIES 2
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4.1 Owner 2
4.2 Contractor 5
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4.3 Consultant 8
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4.4 Designer 9
5.5 Training 13
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6.0 REFERENCES 24
CONTRACTOR SAFETY
1.0 INTRODUCTION
Oil and Gas operations like Drilling, Production, Refining, Storage, Transportation and
Distribution, etc. are inherently hazardous. A large number of contractor workforce is
deployed to carry out construction, maintenance and other jobs. The analysis of the
incidents in the Petroleum Sector indicates that a large number of incidents involved
contractor workforce and have resulted in either casualty or injury besides leading to
property damage and operational interruptions and environmental degradation.
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In order to improve the safety levels of hydrocarbon installations, the contractor safety
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is of utmost importance and there is a need to institute a good contractor safety
system.
2.0 SCOPE
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This document covers broadly the guidelines on the HSE management system for
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enhancing the safety levels of the contractor workforce deployed in construction,
maintenance and operation activities in the hydrocarbon industry.
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The safety precautions to be taken while carrying out different activities during
construction / maintenance have separately been covered in OISD-GDN-192 on
"Safety Practices during Construction".
3.0 DEFINITIONS
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A place / unit where the job is carried out by contractor/executing agency in specified
manner with safety, during construction phase or in operation phase.
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Owner
Any physical or legal person/entity for whom prescribed job is carried out.
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A physical or legal person/entity having contractual obligation with the owner, and who
deploys one or more worker on the site.
Contractor Worker
It covers all workmen who are either self-employed or employed through contractor,
the casual workers and includes contractor’s supervisor, working at a location / site
employed directly by Owner or through their contractor.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
Incident
Consultant
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Designer
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Designer is a physical or legal person / entity engaged by owner to provide design
services of a work site.
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Owner's Representative / Engineer In Charge
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The Owner’s representative/Engineer-in-charge is the one, who has been designated
by the owner to manage the contract. In
Owner's Safety Officer
A properly trained person designated by owner who ensures safety at work site.
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4.0 DUTIES/ RESPONSIBILITIES
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4.1 OWNER
The commitment to safety has to be emphasized by the owner by practice by its own
management and employees at all levels. The duties and responsibilities of owner
should include:
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ii) To provide specific information to contractors and make workers aware on the
hazards associated with job assigned.
iii) To provide information about Risk Mitigation measures available at the place of
work.
iv) To provide the contractor with information on Owners Safety Plan & Regulations,
Emergency Management Plan, lockout / tag out procedure, confined space entry,
work permit system, excavation / trench permit system etc.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
v) To specify rules (e.g. for security including access arrangements) and safety rules
such as fire protection, first aid arrangements, Work Permit systems etc.
vii) To ensure training of the contractor workforce, medical examination, and proper
usage of safety equipment.
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(commensurate with the nature of job) in Pre- Qualification criteria.
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ix) To designate Engineer-in-charge and safety officer.
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xi) To introduce suitable schemes for motivation of the contractor worker to adhere to
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safety guidelines.
xii) To review safety practices & their implementation through periodic surprise visit of
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the work sites and monthly review meeting.
xiii) To develop the HSE plans and incorporate the same in the tender document.
xiv) To liaise with external agencies like press, public etc and with law enforcement,
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regulatory, statutory agencies etc.
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i) To ensure that all Contract requirements including Health, Safety, Environment &
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ii) To ensure that contractor workforce deployed is adequately qualified, trained and
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iii) To ensure that the Tools / Tackles and Machinery being used are properly tested
and are in sound working conditions and necessary resources proposed for
providing safe place of work and necessary PPE are being used.
iv) To take the required necessary corrective action immediately upon noticing or
receipt of a report on noncompliance or any such condition which poses a threat
to health, safety or environment. If during the course of execution of the contract,
any situation of non-compliance with the contractor's safety and health plan are
noticed / reported, the same will be taken up with the contractor for correction. In
the event of repeated non compliance, suitable action to be initiated as per the
contract.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
v) To ensure that the incidents are reported to all concerned within stipulated time
frame.
vi) To ensure submission of a plan for safe working (Method Statement) from
contractor and approval of the same by competent person / department.
vii) To ensure that Work Permit System in line with OISD-STD-105 is adhered to.
viii) To ensure availability of all the documentation needed for the execution of
contract.
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ix) To ensure that the quality controls have been maintained during
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fabrication/erection and all jobs required for safe commissioning have been
carried out.
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contractor, after completion of work.
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xi) To compile a report on the safety performance (at the conclusion of each contract
or periodically such as annually for renewable and long-term contracts), which is
to be considered in future when selecting contractors.
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xii) To ensure that the Consultant, contractor and sub-contractor employ / designate
qualified & trained Safety Engineer / Officer commensurate with requirement of
the job.
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xiii) To comply with all applicable safety and health standards, rules, regulations and
orders issued by competent authority pertaining to the assigned activities.
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The duties & responsibilities of the Owner's Safety Officer should include:
i) To assess the hazards associated with jobs in consultation with all concerned and
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
vii) To advise whether the proposed working arrangements are safe and satisfactory,
particularly at the interface between the contractor's planned work and owner’s
existing facilities.
viii) To communicate to the Contractor the imposed restrictions which may affect the
work/personnel such as the temporary closure of a corridor or electrical isolation
of equipment.
ix) To review and monitor the contractor's adherence to approved HSE plan and
compliance thereof.
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x) To design and conduct either independently or in collaboration with the training
department, suitable HSE training programme for the prevention of personal
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injuries to Consultant, Contractor’s Managers, Supervisors and workmen at all
levels
xi) To identify areas of operations where specialized training is required to deal with
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potential dangers.
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xii) To document and to bring to the attention of the Owner's Supervisor and
Contractor any non-compliance/violation of the safety norms against approved
safety and health plan or safety and health requirements and also raise these
issues in the Safety Committee Meetings.
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xiii) To take part in Tool Box Meetings at random and to ensure maintenance of
records.
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I. Establish, implement, maintain and review HSE objectives and programs
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with the concerned departments, which will develop and maintain the interest of
the contractor and contractor workers in establishing and maintaining safe
conditions of work and procedures;
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4.2 CONTRACTOR
i) To implement safe methods and practices, deploy appropriate machinery, tools &
tackles, experienced supervisory personnel and skilled work force etc. required
for execution.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
iii) To nominate qualified & trained Safety Engineers / Officers reporting to the Site in
charge, for supervision, co-ordination and, liaison for the implementation of the
safety plan.
Similar HSE Plan should be implemented at the sub- contractor’s or supplier’s site
/office. However the compliance with the HSE Plan is to be the sole responsibility
of the Contractor.
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iv) To arrange facilities at suitable location in liaison with the owner for drinking
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water, toilets, lighting, canteen, lunch shelter, crèche etc. as applicable as per
Laws/ Legislation at site and also arrange for workmen compensation insurance,
third party liability insurance, registration under ESI / PF act etc as applicable.
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v) To arrange for fire protection equipment as per the advice of owner.
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vi) To ensure that its employees have completed appropriate health and safety
training as required by the statute / regulation and also as per requirements of the
Owner / Consultant. The documentation of such training imparted to all its
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employees should be maintained and produced for verification as required.
viii) To ensure that the plant and equipment used on-site by contractor / employees is
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correctly registered, controlled and maintained in sound working condition.
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ix) To ensure availability of First Aid boxes and First Aid trained attendant and other
facilities as per requirement of factory Act / Building & Construction Workers
Regulation (BOCWR).
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x) To ensure that all incidents including near misses are reported immediately.
Investigated with corrective and preventive action and learning are shared with all
workers and all concerned at the earliest.
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xii) Maintain HSE performance data on yearly basis and submit to owner for
evaluation
In construction projects where sub-contractors are engaged, the contractor should set
out the responsibilities, duties and safety measures that are expected of the sub-
contractor’s workforce. These measures should include the provision and use of
specific safety equipment, methods of carrying out specific tasks on safety and the
inspection and appropriate use of tools.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
Contractor only. However the specific detailing as above has been given separately for
guidance and operational convenience.
The selection of sub contractors, if employed, should be approved by the owner. Sub-
contractor should comply fully with all safety rules and conditions applicable to the
main contractor.
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i) To ensure strict compliance with work permit system by carrying out work only
with appropriate work permits and after ensuring that all safety precautions /
conditions in the permit are complied with and closing the same after job
completion.
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ii) To ensure that required guards and standard personal protective equipment are
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provided, used, and properly maintained including contingency requirement.
iii) To ensure inspection, tested, certification and maintenance of all tools and ensure
removal of defective tools.
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iv) To plan the workload and assign workers to jobs in commensuration with their
qualification, experience and state of health.
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v) To ensure that all the preventive measures for identified hazards (e.g. Job Safety
Analysis, Job Hazard Analysis, HIRA, etc.) are in place and communicated to
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workers
vi) To take immediate corrective action against the violation of safety rules observed
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or reported.
ix) To ensure that all workers have proper training for their job assignments,
including use of appropriate PPE, first aid and fire fighting equipment.
x) To ensure that only medically fit person shall be engaged in work and also ensure
that sick / or injured workers during course of work should receive timely and
appropriate first aid and/or medical attention.
xiii) To report each incident and/or injury in accordance with established procedures
and assist in investigation.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
Maintain the published HSE literature, HSE regulations, codes and other
communications. Advise management of compliance and conditions requiring
attention.
A fulltime / dedicated Safety Officer should be assigned, where more than 100 workers
are employed at site. For smaller jobs, the supervisor should assume the role of the
safety officer also.
The duties & responsibilities of the contractor worker should include the following:
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i) To perform work safely as per the job requirement and instructions.
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ii) To inform all concerned regarding unsafe conditions / and unsafe acts.
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iv) To inform promptly to their supervisor regarding all work related incidents resulting
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in personal injury, illness and/or property damage.
Where the consultant‘s scope involves Engineering and Design, those factors under
Designer (Para 4.4) should also be applicable.
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In all cases, the Consultant's scope should include submission of latest HSE plans for
work under his and Contractor's purview and implementing the same till job
completion. It should conform to owner's overall HSE plan. This should include
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The Consultant shall review the documents submitted by the contractor and advise
owner on acceptance as well as advise suitability and number of Contractor's safety
officers / supervisors.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
4.4 DESIGNER
The Process Designer should identify all hazards and risks likely to be encountered
during fabrication, erection including dismantling, Pre-commissioning, commissioning
and Performance run to meet the Guarantees and advise the risk mitigation measures.
All the hazards and safety measures to be adopted while handling Dangerous
chemicals and Catalysts should be detailed by the Process Licensor and the same
should be again included in the scope of the suppliers. Specific write ups/MSDS
should be obtained from Patented single source suppliers also.
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Designs should recognize, include and apply safe practice during preparation,
construction and subsequent operational use and maintenance after completion of the
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Project.
All documents including drawings and calculations are to be originated, checked and
approved in accordance with latest international codes, standards, specifications and
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design basis philosophy.
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Use of low risk materials, non hazardous substances, use of low noise and dust-
suppressed equipment etc. should be encouraged.
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5.0 SAFETY MANAGEMENT
Job safety analysis (JSA) provides a mechanism by which the contractor / owner,
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safety officer(s) and job supervisor(s) take a detailed look at how an individual task is
performed , and its inherent hazards and preventive measures. This procedure helps
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in integrating accepted safety and health principles and practices into a particular
operation. In a JSA, each step of the job is examined to identify potential hazards and
to determine the safest way to do the job.
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Select a job
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“Contractor Safety” can be ensured to a large extent if competent agency for execution
of assignment or job, based on HSE system agreed upon by owner, is selected. It is
necessary to assess his capabilities and competencies to perform work safely.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
A databank should be developed for all the contractors for their past performance on
HSE aspects. An attempt should also be made to get similar data from other similar
industries.
The data required will depend upon complexity involved in the job and type / size of
resources required. Format needs to be suitably developed depending upon size,
nature of the job & hazard associated therein. The format designed should also take
care of the skill required to carry out the job.
Performance review is essential for all type of contractors. It helps in recording actual
performance/experience with contractors while the contract is in progress. It is
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essential that resources agreed as per the contract are reviewed at mobilization stage
for ensuring compliance from the day one and thorough effective supervision /
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monitoring system are at place.
This activity also helps in taking timely action in case of unsatisfactory performance to
correct the situation and ensure safe work during execution period and deciding about
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suitability of the contractor for future jobs.
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The periodicity of such performance review will depend upon size/type/complexity of
contract. However, the performance should be reviewed periodically from mobilisation
stage till the demobilization stage. Appropriate corrective action should be ensured.
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5.3 SITE PLANNING AND LAYOUT
ii) The resources required to meet any emergency situations like fire fighting, first
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aid etc. should be planned and mobilized as per the job requirement.
iii) The sequence or order in which work to be done and any hazardous operations
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iv) Free access to site shall be provided with clear roads, passage, gangways,
staircases etc. Access to construction site should be leveled, open and free from
any obstructions like construction material or scrap/waste, exposure to hazards
such as falling materials, material handling equipment and vehicles. Any pit or
ditch shall be covered or barricaded.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
vi) Suitable warning notices and also the routes to and from welfare facilities should
be displayed prominently.
vii) Pedestrian pathways and routes for vehicular traffic (light/heavy vehicles including
material handling equipment) should be earmarked.
viii) Artificial lighting to be provided at places where work continues or workers pass
by after sunset or in case natural light is insufficient like confined spaces.
ix) Keep all equipment /machines under cover to prevent them from dust, rain/flood
water, heat etc. and follow storage instructions as applicable for each of them.
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5.4 GATE ENTRY PROCEDURE
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Gate entry at any site / workplace / unit is to be restricted to ensure entry of only
authorised persons / vehicles.
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5.4.1 Entry procedure for all contractor workers should be as follows:
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A. Issuance of Pass
ii) The actual deployment of the workers at the construction site should be done after
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imparting the necessary safety induction training.
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iii) With regard to issuance of passes for all vehicles including material handling
equipment, owner’s representative / engineer-in-charge should forward the application
only after ensuring that all documents pertaining to the fitness of the vehicle/equipment
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and valid driving license of the driver, PUC of the vehicle, insurance of vehicle, etc. are
available.
iv) The passes should be serially numbered with address, contractor name, identification
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v) Special colour code for passes should be used for persons entering different areas like
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vi) Contractor workers engaged on routine basis for long periods should be provided with
monthly photo pass.
vii) Special permit is required separately for working beyond normal working hours and
holidays.
B. Gate Entry
i) Entry of the contractor’s employees should be permitted with valid gate passes only.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
iv) At the entry gate of the location, a physical checking for non-carrying of lighter,
matchboxes, explosives etc. should be carried out.
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separate gate for entry of contractor workers and also the project areas should be
segregated fencing from operational area by fencing / other physical means.
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vii) No vehicle should be allowed to enter in an operational area without proper flame
arrestor.
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viii) Awareness on Safety through training / posters etc. highlighting Do's and Don'ts
should be spread within entire contractor workforce. Video/Audio tapes on Safety
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Topics should be played preferably.
ix) For occasionally engaged workers such as for material handling etc., spot photograph
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should preferably take with two copies (one for preparing the pass and other for
attachment with gate register). Specific advice and recommendation of User
Department should be given due cognizance. Relevant details are to be written. The
pass should be collected back at the gate after day’s work.
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5.4.2 Tank Truck Loading (TTL) Operation :
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At the loading / unloading location, a large no. of Tank Trucks of petroleum products
enter the installation. Crew members are generally not regular entrants. The
procedure should be as follows:
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i) The gate pass should be issued to the individual crew members on written
request of the transporter mentioning TT registration nos., License and certificate
of training as per MV rule 9.
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ii) Character & Antecedent (C & A) verification of the TTL crew through local police
is to be done preferably and record maintained.
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iii) For loading/unloading purpose, register entry at security gate is made before
allowing entry into the premises with recording of names of crew members, time
of entry, pass Sr. No., TT no. etc.
iv) For loading/unloading, crew is allowed entry alongwith TT only, after checking of
TT from explosive/security point of view.
v) Out time, invoice no., Destination etc., are recorded while TTs go out of the
security gate.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
5.5 TRAINING
(a) informed of potential safety and health hazards to which they may be
exposed to at their workplace;
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(b) instructed and trained in the measures available for the prevention, control
and protection against those hazards.
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ii) No person should be employed in any work at a workplace unless that person
has received the necessary information, instruction and training so as to be able
to do the work competently and safely. The competent authority should, in
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collaboration with employers, promote training programs to enable all the workers
to read and understand the information / instructions related to safety and health
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matters.
iv) Every worker should receive instruction and training regarding the general safety
and health measures common to the workplace. This should include:
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(b) means of access and egress both during normal working and in an
emergency;
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(d) location and proper use of welfare amenities and first aid facilities
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provided;
(e) proper use and care of the items of personnel protective equipment and
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(j) training on hazards and mitigation measures for specific area where
worker is assigned to work shall be given as part of entry procedure
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
(k) Job specific training / refresher course shall also be given at regular
intervals.
(l) It is also expected that behaviour based safety culture shall be encouraged
and all the workers will be involved.
Copies of the relevant safety and health rules, regulations and procedures should be
available to workers upon the commencement of and upon any change of employment.
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a) Lectures
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This technique should be applied when it is required to transfer information in local
language to a large contractor workforce with controlled content and time.
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b) Case Study
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This is an effective technique based on the presentation of case of real events by Trainer
to highlight probable causes like Human Error, ignorance about the job etc.
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c) Videos
Right way to do a job should invariably be demonstrated to workers at the site itself. The
right way is also a safe way. Hazards due to wrong procedures, short cuts and their
adverse effects etc. should also be highlighted.
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i) Mandatory uses of PPE like Cotton clothes, Helmet, Safety Shoes, Full Body
Safety harness, dust masks, safety goggles, etc.
v) First Aid
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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B. Contractor Supervisor
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Contractor Supervisor should be trained in accordance with the provision of clause
no. 5.1.1.2, 5.2.7, 5.3.10, 5.6.12 and 5.7.8 of OISD-STD-154 on 'Safety Aspects in
Functional Training'
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C. Contractor Worker
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Yearly training programme should be carried out for contractor worker and the
records should be maintained. The training programme should cover at least the
following:
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i) Worker responsibility for safety of himself and work area.
ii) Associated hazards with the job and job area including electrical shock hazards.
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iii) Importance of First Aid fire fighting equipment, their use & operations
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- Working at height
- Confined space entry
- X ray / radiation
- Erection / Dismantling of scaffolding
- Tank construction and repairs
- Handling of chemicals etc.
- Hydrojetting
- Leak testing of pipelines and equipment (hydro and pneumatic testing)
- Grit / other methods of blasting for surface preparation blasting etc.
- Chemical cleaning & pickling
- Catalyst loading & storage
- ELCB
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
x) Assembly Points
D. Consultant / Contractor
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the time of induction. This program should cover at least the following:
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i) Responsibility of contractor for safety of their personnel and work area
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iii) Communication system
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iv) Fire / Accident Reporting procedure
- X ray / radiation
- Erection / Dismantling of scaffolding
- Tank construction and repairs
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
General points:
Workers should not be allowed to take meals or take rest inside the construction / plant
area.
E Security Personnel
Training program should be carried out for Security personnel at the time of induction and
annually thereafter and the records should be maintained. The training program should
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cover at least the following:
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i) Layout of Plant and Facilities
ii) Vulnerable locations
iii) Safety regulations (Statutory and in company)
iv) Fire Protection Facilities and Locations
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v) Role in case of Fire / Disaster
vi) Emergency Procedure and Drills
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vii) Industrial First Aid
viii) Use of Personnel Protective Equipment
ix) Disaster Management Plan
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5.6 INSPECTION / AUDIT
A checklist, while carrying out different type of jobs, should be developed based on
hazards associated with the job being performed and requirements as per OISD-GDN-
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192 on "Safety Practices during Construction". Typical format is enclosed at Annexure II,
which should be modified to suit the requirement of the site / job to be done.
Before starting the work and at regular intervals thereafter, Contractor’s Supervisor/safety
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Financial or other type of penalties like seizure of gate passes, stoppage of work for a
limited period etc. should be levied on the contractors or their workers for non-compliance
of safety rules. A provision of suitable accident severity based penalty clause for
contractor should be incorporated to ensure adherence of systems and procedures.
The financial deterrent clauses shall be included in the general terms and conditions of
the contract. The violators of the clauses shall be suitably punished. Following list shall
be taken as a guide while preparing the financial deterrent clauses but need not be
limited to these conditions only.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
I. Working without valid work permit/ Violation of any of the conditions specified
in the permit.
II. Throwing up/down any material from height or not making proper provision to
bring down material safely from height
III. Non standard/unsafe platform/ladder, Non standard/unsafe Scaffolding
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IV. Non-usage of PPEs like Safety helmet / Safety shoes / Safety goggles /
Welding Shield / Respiratory protection etc. by the contractor personnel
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V. Non use of ELCB , using poor joints of cable, using naked wire without top
plug into the socket, laying wire/cables on the roads without sleeve.
VI. Carrying out electrical jobs by un-authorised person
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VII. Non deployment of the licensed electricians for electrical job.
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VIII. Unsatisfactory fencing / barricading of excavated areas, Not providing
proper shoring /strutting /proper slope and Not keeping the excavated earth
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at least one meter away from excavated area
IX. Over speeding of vehicles, rash driving, wrong side parking & parking in front
of any fire-fighting equipment.
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X. Riding on material handling vehicles or trolleys or hydra.
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1948 and/or the rules framed there under including all amendments thereto.
XIV. Failure to furnish a first information report (FIR) as per prescribed Pro-Forma
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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confined space, uncertified / non standard lifting tools, earth leakage
protection & earthing connections for electrical appliances as per Indian
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Electricity Rules, emergency isolation switches etc.
XXIV. Keeping gas cylinders inside the confined spaces.
XXV. Non-usage of the full body safety harness and fall back arrester with life line
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properly anchored by the workers while working at height
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XXVI. Violation of Safety Permit conditions like Firefighting equipment.
XXVII. Non-barricading of area while rigging, digging etc.
XXVIII.
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Working without valid work permit.
XXIX. Un-authorised road closure/blockage.
XXX. Not clearing the work site on regular basis.
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XXXI. Leaving contractor owned leftover material at site at the time of
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demobilization.
The contract employees should be suitably rewarded as per a scheme, with monetary
benefits/ prizes for timely reporting of the Near miss incidents/ Unsafe conditions/ Unsafe
Acts based on the accident potential if it could have occurred.
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The best safety conscious worker as recommended by the safety officers of different
contractors during short term jobs such as the turnaround maintenance activities shall be
suitably rewarded for motivating the workers to comply with safety requirements.
The best safety officer/supervisors of the contractor shall be recognized and shall be
suitably rewarded during the safety week celebrations.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
All accidents regardless of the extent of injury or damage should be investigated in order
to find probable causes, lessons learnt thereof and remedial measures required to
prevent its recurrence.
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The incident investigation should be done as per provision of clause no. 4.12 of OISD-
GDN-206 on 'Safety Management System'.
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All the recommendations of investigation / Enquiry Report need to be monitored closely
for its implementation. A proper record should be maintained to ensure implementation of
all the recommendations and same should be reviewed from time to time.
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5.9 SAFETY COMMITTEE MEETINGS
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Following three type of safety committee meetings should be held aiming at raising the
level of safety consciousness at the site:
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5.9.1 Toolbox meeting
To maintain awareness, update training and convey important safety and health
information, contractor supervisors should conduct tool box meetings at least weekly and
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also prior to start of any work. All the contractor workers should attend this meeting. The
owner’s supervisor/Engineer-in-charge and safety officers should also attend these
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meetings on random basis. Tool box meeting should be conducted more frequently
depending upon circumstances. Record of the same can be maintained in the following
typical format.
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A Toolbox Talk is a safety meeting allowing open environment for discussion with the
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work force. It focuses on safety topics related to the specific job, such as workplace
hazards and safe work practices. It is aimed to refresh workers' knowledge, cover last
minute safety checks, to raise workers’ awareness of specific problems on site. Toolbox
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Talks are also intended to facilitate health and safety discussions on the job site and
promote safety culture. It also helps to remind workers that health and safety are an
important part of the working day.
Toolbox talk should be short in duration and conducted at the job site prior to the
commencement of a new job or work shift. Toolbox Talks can be used for post-accident
communications / accident case study, re-enforcement of safe work practice and pre-task
planning etc.
Contractor supervisors should conduct tool box meetings at least weekly and also prior to
start of any work. All the contractor workers should attend this meeting. The owner’s
supervisor/Engineer-in-charge and safety officers should also attend these meetings on
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
random basis. Tool box meeting should be conducted more frequently depending upon
circumstances.
Review of the hazards related to job being done. What safety equipment and
PPEs should be used? What procedures should be followed?
Review and analyse recent safety violations— What was the violation? What
hazard did it create? What injury could have occurred?
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Review and analyse recent injuries— What happened? Why did it happen? What
should have been done?
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Ergonomics and behaviour related tips.
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Housekeeping
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Records of such talks should be maintained. Following information should be included
when completing a Toolbox Talk Form:
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Names and signatures of all persons present,
Topics discussed,
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Any job specific training or instructions that have been given in the meeting and who
raised the issue or added to the discussion, to show that there has been active
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consultation with all persons attending the meeting and that all parties have had a chance
to raise issues.
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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Other points or issues raised by attendees
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NAME SIGNATURE NAME SIGNATURE
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Primary purpose of this safety committee is to enable owner, contractor and workers to
work together to monitor the site safety and health plan so as to prevent accidents and
improve working condition on site. Its size and membership will depend on the size and
nature of job.
The safety committee should have regular and frequent meetings, atleast fortnightly, to
discuss the safety and health program on site and to make suggestions for improvement.
The meetings should be documented with a time bound action plan. The functions carried
out by safety committee should include:
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
i) Review compliance of pending items of last Safety meetings. All critical items
should be identified and their compliance ensured.
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v) Dissemination of acquired knowledge through training programs and information
sharing sessions.
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vi) Discussion & review of Fire Prevention & Disaster Management Plan.
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5.9.3 Safety Review Meeting by Location Head
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This meeting should be headed by the Location head and attended by Owner’s
Supervisor / Engineer-in-charge, owner’s safety Officer and all concerned department
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heads. Prime purpose of this review is to ensure that all the recommendations of various
committees are being complied with and to take decisions on critical points raised. This
meeting should take place at least once in every quarter. All the investigation reports /
audit findings with status of implementation of recommendations should be discussed.
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5.10 SAFETY EQUIPMENT / PERSONNEL PROTECTIVE EQUIPMENT
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The type of safety equipment to be used is decided based on the job requirement.
Selection should be made based on OISD-GDN-192, OISD-STD-155 (Part I & II) and the
job requirement. Safety equipment / Personnel Protective Equipment (PPE) shall be of
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approved make. Contractor shall provide necessary training to each employee regarding
proper usage and upkeep of PPE including its limitation.
A register showing stock and issue of PPE should be maintained by the contractor at site
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
REFERENCES
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
ANNEXURE I
LIST OF SAFETY CODES FOR CIVIL WORKS PUBLISHED BY BUREAU OF
INDIAN STANDARDS
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3 IS: 933 Specification for Portable Chemical Fire Extinguisher, Foam
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Type – Second Revision.
4 IS: 1179 Specification for Equipment for Eye and Face Protection during
Welding – First Revision
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5 IS: 1904 Code of practice for Structural safety of buildings: Shallow
foundations
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6 IS: 1905 Code of practice for Structural safety of buildings: Masonry
walls
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7 IS: 1989 – Part II Leather Safety Boots and shoes for heavy metal industry
8 IS: 2171 Specification for Portable Fire Extinguishers, Dry Powder Type
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– Second Revision
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12 IS: 3016 Code of Practice for Fires Precautions in Welding and Cutting
Operations – First Revision
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14 IS: 3696 – Part I Safety Code for Scaffolds and Ladders: Part I – Scaffolds
15 IS: 3696 – Part II Safety Code for Scaffolds and Ladders: Part II – Ladders
17 IS: 4014 – Part I & II Code of Practice for Steel Tubular Scaffolding
18 IS: 4081 Safety Code for Blasting and Related Drilling Operations
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
21 IS: 4138 Safety Code for working in compressed air – First Revision
23 IS: 4912 Safety requirements for Floor and Wall openings, Railings and
toe boards – First Revision
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25 IS: 5121 Safety code for piling and other deep foundations
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26 IS: 5916 Safety Code for Construction involving use of Hot Bituminous
materials
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27 IS: 6994 – Part I Specifications for safety gloves: Part I – Leather and Cotton
gloves
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28 IS: 5983 Specification for Eye Protectors – First Revision
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29 IS: 6922 Criteria for safety and design of structures subject to
underground blasts
32 IS: 7069 Safety Code for Handling and Storage of Building Materials
35 IS: 7969 Safety Code for handling and storage of building materials
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41 IS: 10667 Guide for selection of industrial safety equipment for protection
foot and leg
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
42 IS: 10291 Safety Code for dress divers in civil engineering works
43 IS: 10386 – Part I Safety Code for Construction, Operation and Maintenance for
River Valley Projects
44 IS: 10386 – Part II Safety Code for Construction, Operation and Maintenance for
River Valley Projects
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46 IS: 13415 Code of Practice on safety for Protective barriers in and around
building
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47 IS: 13416 Recommendations for preventive measures against hazards at
working places
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Statutory Regulations
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Latest Statutory Acts and Rules, as given below, should be referred:-
Factory Rules
3. The Water (Prevention and Control of Pollution) Act 1974 & Rules 1975
4. The Environment (Protection) Act 1986 and rules thereunder
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9. The Gas Cylinder Rules 1981and the static & Mobile Pressure Vessels (Unfired) Rules 1981
10. The Indian Boiler Act 1923 and Regulations 1950
11. The Public Liability Act 1991 as amended in 1992
12. The Motor Vehicle act 1988 and Central Motor Vehicle rules 1989
13. Building & Other Construction workers (Regulation of Employment & Condition of Service)
Act 1996
In addition to above, various other statutory acts like EPF, ESIS, Minimum wage act and other
local statutory requirements shall also be complied with.
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
ANNEXURE II
CHECK LIST FOR SAFETY INSPECTION / AUDIT
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1.0 PERSONNEL PROTECTIVE EQUIPMENT (PPE):
Are following PPEs being used as per the job requirements?
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A. Minimum mandatory PPEs
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A2 Safety Shoes
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A3 Safety Goggles In
A4 Safety hand gloves
lanyard
B2 Fall arrester
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B4 Gum Boots
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B5 Face shield
B7 Breathing Apparatus
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
B11 Others
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its workmen and the same is being
complied with ?
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2.0 HOUSE KEEPING
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being maintained accordingly?
2.2 Whether areas are identified and marked
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for stacking of material like scrap, pipes,
plates, cement, sand, loose excavated
material etc.?
2.3 Whether surplus excavated material,
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debris and scrap material is being
removed and disposed on regular basis
as per contract?
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2.4 Whether path ways, roads, stairs etc. in
the vicinity of work place are maintained
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hazard?
2.8 Others
3.0 EXCAVATION
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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being excavated?
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3.6 Whether proper precautions have been
taken if the excavation is adjoining to
heavy structure like building, street and
roadways?
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3.7 While excavating whether proper slope
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0
usually 45 & suitable benches of 0.5 m
width at each 1.5 m depth are provided? In
3.8 Whether barricading of 1m height with
glowing caution board is provided for
excavation beyond 1.5m depth?
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3.9 Whether excavating earth is placed
beyond 1m or depth of the excavation
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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trenches or excavation?
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3.17 Whether necessary precautions like
regular gas testing are being taken in
areas having hydrocarbons and toxic
gases so that no gas accumulation takes
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place in the trenches.
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3.18 Whether IS: 4081-1986 & Indian
Explosive act & rules for storage, handling
& carrying of explosive material and
execution of blasting operation is
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followed?
f) Water logging
g) Unexpected utility/cabling
3.21 Others
4.0 PERMITS
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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compliance of all the recommendations
are ensured during entire duration of the
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job?
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4.7 Whether hot work permit registered in fire
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station / designated safety officer?
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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2002?
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5.9 Whether gas cylinders are kept at safe
location particularly in case job is being
done at different elevations while in use?
5.10 Whether color coding is being used for
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easy identification of different type of
cylinders and hoses?
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5.11 Whether cylinder keys are available near
the cylinder?
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5.12 Whether gas torches with flash back
arrestors of approved make are only
being used?
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5.13 Whether pressure gauges are in working
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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5.24 Others
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6.0 ABRASIVE (SHOT/GRIT/SLAG) BLASTING
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authority / work permit?
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6.2 Whether air compressor used for abrasive
blasting are positioned away from work
place?
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6.3 Whether exhaust of the prime mover is
directed away from the work place?
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6.4 Whether in case of motor driven
compressor, the body of the motor as well
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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shock absorber are used while working at
heights?
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7.6 Whether life line of full body safety
harness with shock absorber is anchored
to an independent secured support
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capable of withstanding load of a falling
person?
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7.7 Whether the area around the scaffold is
cordoned off to prohibit the entry of
unauthorized person?
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7.8 Whether lifeline ropes used are of good
condition and adequate strength free of
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defects?
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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7.19 Whether the scaffolding has been
designed for the load to be borne?
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7.20 Whether the erection and dismantling of
the scaffolding is being done only by
trained persons and under competent
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supervision?
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7.21 Whether safety net with proper working
arrangement and life line has been
provided?
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7.22 Others
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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8.9 Whether provision of 24V (Hand lamps
with cage as per OISD-STD-155) light for
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working inside space is made?
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before a person enters a confined space
and communication is being maintained
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all the time with workers working inside?
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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9.4 Whether all parts including the working
gears fixed or movable of every lifting
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machine, chain, rope, tackles specify the
following condition:
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person at least once a year or such
interval as required by statutory
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authority.
sound condition?
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
means?
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is obtained before working on or near an
overhead crane?
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9.13 Whether trained riggers are available all
the time along with crane?
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9.14 Whether barricading has been done to
ensure no unauthorised person enters in
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the working area of the crane?
crane?
9.21 Others
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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Men at work signboards been displayed
at both Sub Station as well as the work
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site?
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work with probable electrical hazards and
mitigation measures to be adopted?
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10.4 Whether contractor has engaged
electrician (s) having valid electrical
license in line with provisions in Indian
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Electricity Rules?
obtained subsequently?
line/ apparatus?
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
PVC conduits?
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10.13 Has Earth Leakage Circuit Breaker
(ELCB) been used on the incoming side
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to protect against leakage of current? Is
the device tested every time the work is
started?
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10.14 Whether all portable appliances are
provided with insulated Three pin plugs
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and socket arrangement?
10.20 Others
11.0 ROAD WORK
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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11.4 Whether the worker handling hot bitumen
sprayers or spreading bitumen aggregate
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mix or mixing bitumen with aggregate are
provided with PVC hood, hand gloves
rubber shoes (gum boot) with pegging
upto knee joints?
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11.5 Others
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12.0 FORM WORK, REINFORCEMENT In
12.1 Whether form work, shuttering, shoring
etc. are adequately designed and
provided to erect the structure and to
support the expected load?
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12.2 Whether staging (support) for shuttering is
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12.7 Others
13.0 CONCRETING
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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around moving parts are provided in
concrete mixer/ machines?
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13.5 Whether earthing of electrical mixers,
vibrator etc. are provided?
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13.6 Whether entry of unauthorised person in
the concreting area is restricted?
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13.7 Whether adequate lighting arrangement is
made in the concreting area if working
during night?
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13.8 Whether PPEs like gum boots, gloves,
helmet with chin strap, goggles and dust
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masks etc. are being used?
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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14.7 Whether required PPEs like helmet with
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chin strap, goggles, ear plug/muff, hand
gloves, safety shoes, dust mask, etc.
used?
14.8 Others
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15.0 RADIOGRAPHY
authority (BARC)?
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
available at site?
15.10 Others
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materials and "No Smoking" notices
prominently displayed?
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16.3
Are only approved type electrical
installations and equipment, including
portable lamps, being used?
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16.4 Are oily rags, waste, wooden materials
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and clothes or other substances liable to
spontaneous ignition being removed?
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16.5 Are the combustible materials properly
shielded in case same cannot be
removed from the area?
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16.6 Has welding screens (like metal/ fire
retardant cloth/ water curtain) been put up
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required?
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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site where persons are liable to work?
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16.13 Is there an effective evacuation plan in
place so that all persons are evacuated
speedily without panic?
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16.14 Others
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17.0 EMERGENCY PROCEDURES
emergency situation?
doctors exist?
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
compliance check)
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18.2 Are First Aid facilities available?
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18.3 Does proper sanitation exist at site office
and labour camps?
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facilities like tie ups with nearby hospital
exist?
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18.5 Is proper drinking water facility available
for workmen & staff?
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18.6 Are crèches provided for children (if
applicable)?
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18.7 Is any proper place/canteen/restroom
provided for eating food and taking rest?
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18.11 Others
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19.0 GENERAL
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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intended purpose and not for any other
purpose?
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19.9 Are only proper clothes and not loose
clothes being used while working around
machinery?
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19.10 Are nails or other sharp objects being
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removed or bent?
“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
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19.22 Others
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Signature of the Auditor
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“OISD hereby expressly disclaims any liability or responsibility for loss or damage resulting
from the use of OISD Standards/Guidelines.”
(NOTE: The expression "ordinary rate of wages" means the fair wage the worker is entitled to.)
5. Display of notice regarding Wages, Weekly Day of Rest etc. : The CONTRACTOR shall, before the
commencement of his work on the Contract, display and correctly maintain and continue to
display and correctly maintain in a clean and legible condition in conspicuous places on the works,
notice in English and in the local Indian language, spoken by majority of workers, giving the rate of
fair wages, the hours of work for which such wages are payable, the weekly rest days workers are
entitled to and name and address of the Inspecting Officer. The CONTRACTOR shall send a copy
each of such notices to the Inspecting Officers.
6.1 Fixation of Wage Periods: The CONTRACTOR shall fix wage periods in respect of which wages shall
be payable. No wage period shall normally exceed one month.
(NOTE: The term "working day" means a day on which labour is employed, and the work is
in progress)
7. Register for Workmen: A register of workmen shall be maintained in the prescribed form and
kept at the work site or as near to it as possible, and the relevant particulars of every workmen
shall be entered therein within THREE days of his employment.
8. Employment Card: The CONTRACTOR shall issue an employment card in the Form appended to
these regulations to each worker on the day of work or entry into his employment. If a worker
already has any such card with him issued by the previous employer, the CONTRACTOR shall
merely endorse that Employment Card with relevant entries. The CONTRACTOR may,
alternatively, issue an attendance-cum-wage slip to each worker in the form appended. This card
shall be valid for a wage period. The CONTRACTOR shall mark attendance on the cards twice each
day and again after the rest interval, before he actually starts the work. On termination of
employment, the Employment Card shall again be endorsed by the CONTRACTOR, service
certificate issued and returned to the Worker.
9. Register of Wages etc.:
(i) A register of Wages-cum-Muster Roll in the prescribed Form shall be maintained and kept
at the work site or as near to it as possible.
(ii) A wage slip in the prescribed Form shall be issued to every worker employed by the
CONTRACTOR at least a day prior to disbursement of wages.
10. Fines and deductions which may be made from Wages:
(i) Wages of a worker shall be paid to him without any deduction of any kind except the
following:
(a) Fines ;
(b) Deduction for absence from duty, i.e. from the place of his employment he is
required to work. The amount of deductions shall be in proportion to the period for
which he was absent;
(c) Deduction for damage to or loss of goods expressly entrusted to the employed
person for custody, or for loss of money which he is required to account for, where
such damage or loss is directly attributable to his neglect or default ;
(d) Deductions for recovery of advances or for adjustment of overpayment of wages.
Advance granted shall be entered in a register ; and
(e) Any other deduction which the Corporation may from time to time allow.
(ii) No fines shall be imposed on any worker say in respect of such acts and omissions on his
part as have been approved by the Chief Labour Commissioner or Competent Authority.
(iii) No fine shall be imposed on a worker and no deductions for damage or loss shall be made
from his wages until the worker has been given an opportunity of showing cause against
such fines or deductions.
(iv) The total amount of fines which may be imposed in any one wage period on a worker shall
not exceed an amount equal to three paise in a rupee of the wages payable to him in
respect of that wage period.
(v) No fine imposed on a worker shall be recovered from him in installments, or after expiry of
sixty days from the date on which it was imposed. Every fine shall be deemed to have been
imposed on the day of the act or commission in respect of which it was imposed.
(vi) The CONTRACTOR shall maintain both in English and the local Indian language, a list
approved by the Chief Labour Commissioner or Competent Authority clearly stating the acts
and commissions for which penalty or fine may be imposed on a workman and display it in
good condition in a conspicuous place on the work site.
(vii) The CONTRACTOR shall maintain a register of fines and the register of deductions for
damage or loss in the prescribed Forms which should be kept at the place of work.
(viii) The CONTRACTOR shall display in a conspicuous place of work the list of acts and omissions
for which the fines can be imposed. They are as under :
a. Willful insubordination or disobedience, whether alone or in combination with other.
b. Theft, fraud or dishonest in connection with the CONTRACTORs beside a business or
property of Corporation.
c. Taking or giving bribes or any illegal gratification.
d. Habitual late attendance.
e. Drunkenness, fighting, riotous or disorderly or indifferent behaviour.
f. Habitual negligence.
g. Smoking near or around the area where combustible or other materials are locked.
h. Habitual indiscipline
representing Workers' dues and amount of penalty to be imposed on the CONTRACTOR for
breach of these Regulations, that have to be recovered from the CONTRACTOR, indicating full
details of the recoveries proposed and the reasons therefor. It shall be obligatory on the part of
the Engineer in-charge on receipt of such a report to deduct such amounts from payments due to
the CONTRACTOR.
14. Disposal of amounts recovered from the CONTRACTOR: The Engineer-in-charge shall arrange
payment to workers concerned within FORTY FIVE days from receipt of a report from the
Inspecting Officer. In cases where there is an appeal, payment of workers dues would be
arranged by the Engineer-in-charge wherever such payments arise, within THIRTY days from the
date of receipt of the decision of the Regional Labour Commissioner (RLC).
15. Appeal against decision of Inspecting Officer: Any person aggrieved by a decision of the
Inspecting Officer may appeal against such decision to the RLC concerned within THIRTY days from
the date of decision, forwarding simultaneously a copy of his appeal to the Engineer-in-charge.
The decision of the RLC shall be final and binding upon the CONTRACTOR and the workmen.
16. Representation of parties:
(i) A workman shall be entitled to be represented in any investigation or enquiry under these
Regulations by an officer of a registered trade union of which he is a member or by an
officer of a Federation of Trade Unions to which the said trade union is affiliated or where
the workman is not a member of any registered trade union, by an officer of a registered
trade union, connected with, or by any other workman employed in the industry in which
the worker is employed.
(ii) A CONTRACTOR shall be entitled to be represented in any investigation of enquiry under
these Regulations by an officer of an Association of Contractors of which he is a member or
by an officer of a Federation of Association of Contractors to which the said association is
affiliated or where the CONTRACTOR is not a member of any Association of Contractors, by
an officer of association of employers, connected with, or by any other employer engaged
in the industry in which the CONTRACTOR is engaged.
(iii) No party shall be entitled to be represented by a legal practitioner in any investigation or
enquiry under these Regulations.
17. Maternity benefits for female employees: The CONTRACTOR shall extend the leave, pay and
other benefits as admissible to the female employees. No maternity benefits shall be admissible
to a female worker unless she has been employed for a total period of not less than 6 months
immediately proceeding the date on which she proceeds on leave. The CONTRACTOR shall
maintain a register of maternity benefits in prescribed form, and shall be kept in all places of
work.
18. Inspection of Books and other documents : The CONTRACTOR shall allow inspection of the
Registers and other documents prescribed under these Regulations by Inspecting Officers and the
Engineer-in-Charge or his authorised representative at any time and by the worker or his agent on
receipt of due notice at the convenient time.
19. Submission of Returns: The CONTRACTOR shall submit periodical returns as may be specified
from time to time.
20. Amendments: The Corporation may, from time to time, add to or amend these Regulations, and
issue such directions as it may consider necessary for the proper implementation of these
Regulations or for the purpose of removing any difficulty which may arise in the administration
thereof.
1. Definitions
(a) "Workplace" means a place at which, on an average, twenty or more workers are
employed on any day during which the Contract work is in progress.
(b) "Large Workplace" means a place at which, on an average 500 or more workers are
employed.
2. First Aid
i) At every workplace, there shall be provided and maintained in a readily accessible
place First Aid appliances including an adequate supply of sterilized dressings and
sterilized cotton wool as prescribed in the Factory Rules of the State in which the
work is carried on. The appliances shall be kept in good order and in large work
places, they shall be placed under the charge of a responsible person who shall be
trained in First Aid treatment and who shall also be readily available during working
hours. The First Aid boxes at the rate of not less than one box for 150 contract
labour or part thereof shall be ordinarily employed. Adequate arrangement shall be
made for immediate recoupment of items/equipment when necessary.
ii) At large work places, where hospital facilities are not available within easy distance
of the Works, First Aid posts shall be established and be run by a trained
compounder.
Where large work places are remotely situated far away from regular hospitals, an
indoor ward shall be provided with one bed for every 250 employees.
Where large work places are situated in cities, towns or in their suburbs and no beds
are considered necessary owing to proximity of city or town hospitals, suitable
transport shall be provided to facilitate removal of urgent cases to these hospitals.
At other workplaces, some conveyance shall be kept readily available to take injured
person or persons suddenly taken seriously ill to the nearest hospital.
At large work places, there shall be provided and maintained an ambulance room of
the prescribed sizes, containing the prescribed equipment and in the charge of such
medical and nursing staff as may be prescribed. For this purpose, the relevant
provisions of the Factory Rules of the State Government area where the work is
carried on may be taken as the prescribed standard.
3. Accommodation for labour : The CONTRACTOR shall during the progress of the
Works, provide, erect and maintain necessary temporary living accommodation and
ancillary facilities for labour at his own expense and to standard and scales as approved
by the Engineer-in-charge. However, following specifications shall be followed :
(a) (i) The minimum height of each hut at the eaves level shall be 2.10m (7ft) and the
floor area to be provided will be at the rate of 2.7 sq.m (30sq.ft.) for each member of
the worker's family staying with the labourer.
(ii) The CONTRACTOR shall in addition construct suitable cooking places having
a minimum area of 1.80mX 1.50m (6' x 5') adjacent to the hut for each family.
(iii) The CONTRACTOR shall also construct temporary latrines and urinals for the
use of the labourers, each on the scale of not less than four per each one
hundred of the total strength. Separate latrines and urinals shall be provided
for women.
(iv) The CONTRACTOR shall construct sufficient number of bathing and washing
places, one unit for every 25 persons residing in the camp. These washing
and bathing places shall be suitably screened.
(b) (i) All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar or
other suitable local material as may be approved by the Engineer-in-Charge. In
case of sun-dried bricks, the walls should be plastered with mud gobri on both sides.
The floor may be katcha, but plastered with mud gobri and shall be at least 15cm.
(6") above the surrounding ground. The roofs shall be laid with thatch or any other
materials as may be approved by the Engineer-in-Charge and the CONTRACTOR
shall ensure that throughout the period of their occupation, the roofs remain water-
tight.
(ii) The CONTRACTOR shall provide each hut with proper ventilation.
(iii) All doors, windows and ventilators shall be provided with suitable leaves for
security purposes.
(iv) There shall be kept an open space at least 7.2m (8 yards) between the rows of
huts which may be reduced to 6m (20ft) according to the availability of site with
the approval of the Engineer-in-charge. Back to back construction will be
allowed.
4. Drinking Water : In every workplace, there shall be provided and maintained at suitable
places, easily accessible to labour, a sufficient supply of cold water fit for drinking.
Where drinking water is obtained from an intermittent public water supply, each workplace
shall be provided with storage where drinking water should be stored.
Every water supply storage shall be at a distance of not less than 15 meters from any
latrine, drain or other source of pollution. Where water has to be drawn from an existing
well, which is within such proximity of latrine, drain or any other source of pollution, the
well shall be properly chlorinated before water is drawn for drinking. All such wells shall
be entirely closed in and be provided with a trap door which shall be dust and water proof.
A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and
opened only for cleaning or inspection which shall be done at least once a month.
5. Washing and Bathing Places : Adequate washing and bathing places shall be provided
separately for men and women. Such places shall be kept in clean and drained conditions.
6. Scale of accommodation in latrines and urinals : There shall be provided within the
precincts of every workplace, latrines and urinals in an accessible place and the
accommodation separately for each of these, shall not be less than at the following scales
:
No. of seats
receptacies on dry earth system which shall be cleaned at least four times daily and at
least twice during working hours and kept in strictly sanitary condition. Receptacies shall
be tarred inside and outside at least once a year.
If women are employed, separate latrine and urinals screened from those for men and
marked in the vernacular in conspicuous letters "For Women Only" shall be provided on
the scale laid down in Rule 6. Those for men shall be similarly marked "For Men Only". A
poster showing the figure of a man and a woman shall also be exhibited at the entrance to
latrines for each sex. There shall be adequate supply of water close to latrines and urinals.
The CONTRACTOR shall, at his own expense, carry out all instructions issued to him by
the Engineer-in-charge to effect proper disposal of soil and other conservancy work in
respect of CONTRACTOR's work people or employees at the site. The CONTRACTOR
shall be responsible for payment of any charges which may be levied by municipal or
cantonment authority for execution of such work on his behalf.
10. Provision of shelters during rest : At every workplace shall be provided, free of cost,
four suitable sheds, two for meals and two others for rest, separately for use of men and
women labour. Height of each shelter shall not be less than 3 meters from the floor level
to lowest part of roof. Sheds shall be kept clean and the space provided shall be on the
basis of at least 0.5 sq.m per head.
11. Creches : At a place at which 20 or more women workers are ordinarily employed, there
shall be provided at least one hut for use of children under the age of 6 years belonging to
such women. Huts shall not be constructed to a standard lower than that of thatched roof,
mud floor and wall with wooden planks spread over mud floor and covered with matting.
Huts shall be provided with suitable and sufficient openings for light and ventilation. There
shall be adequate provision of sweepers to keep the places clean. There shall be two
dais in attendance. Sanitary utensils shall be provided to the satisfaction of local medical,
health and municipal or cantonment authorities. Use of huts shall be restricted to children,
their attendants and mothers of children.
Where the number of women workers is more than 25 but less than 50, the
CONTRACTOR shall provide at least one hut and one Dai to look after the children of
women workers.
Size of creche(s) shall vary according to the number of women workers employed.
Creche(s) shall be properly maintained and necessary equipment like toys etc. provided.
12. Canteen : A cooked food canteen on a moderate scale shall be provided for the benefit of
workers wherever it is considered necessary.
13. Planning, setting and erection of the above mentioned structures shall be approved by the
Engineer-in-charge and the whole of such temporary accommodation shall at all times
during the progress of the works be kept tidy and in a clean and sanitary condition as per
requirements of the local bodies and to the satisfaction of the Engineer-in-charge and at
the CONTRACTOR's expense. The CONTRACTOR shall conform generally to sanitary
requirements of local medical, health and municipal or cantonment authorities and at all
time adopt such precautions as may be necessary to prevent soil pollution of the site.
On completion of the Work, the whole of such temporary structures shall be cleared away,
all rubbish burnt, excreta or other disposal pits or trenches filled in and effectively sealed
off and the whole of site left clean and tidy to the entire satisfaction of the Engineer-in-
Charge and at the CONTRACTOR's expense.
14. Anti-malarial precautions: The CONTRACTOR shall, at his own expense, conform to all
anti-malarial instructions given to him by the Engineer-in-Charge, including filling up any
burrow pits which may have been dug by him.
15. Enforcement: The Inspecting Officer mentioned in the Contractors' Labour Regulations or
any other officer nominated in his behalf by the Engineer-in-charge shall report to the
Engineer-in-charge all cases of failure on the part of the CONTRACTOR and or his sub-
contractors to comply with the provisions of these Rules either wholly or in part and the
Engineer-in-charge shall impose such fines and other penalties as are prescribed in the
conditions.
16. Interpretations etc: On any question as to the application, interpretation of effect of these
Rules, the decision of the Chief Labour Commissioner or Deputy Chief Labour
Commissioner (Central) shall be final and binding.
17. Amendments: Government/Corporation may, from time to time, add to or amend these
rules and issue such directions as it may consider necessary for the proper
implementation of these Rules or for the purpose of removing any difficulty which may
arise in the administration thereof.
FORM OF CONTRACT
[ANNEXURE- XVII TO SPECIAL CONDITIONS OF CONTRACT]
FORM OF CONTRACT
CONTRACT NO.:
THIS CONTRACT made at New Delhi/Jaipur this ………….. day of 20__ BETWEEN HPCL RAJASTHAN
REFINERY LIMITED, which was incorporated on 18th September, 2013, as a Joint Venture between
Hindustan Petroleum Corporation Limited (HPCL) and Government of state of Rajasthan, India with an
equity participation of 74% and 26% respectively, having its registered Office at Tel Bhavan, Sahkar Marg,
Lal Kothi Vistar Jyoti Nagar, Jaipur Rajasthan, India, PIN - 302005 (hereinafter referred to as the
“OWNER” which expression shall include its successors and assigns) of the One Part;
AND
____________________, a Company registered in India under the Indian Companies Act 1913/1956
having its registered office at ___________________ (hereinafter referred to as the “CONTRACTOR”) of
the other part:
WHEREAS
WHEREAS the OWNER issued Tender No.__________ for Residual Process Design, Detailed Engineering,
Procurement, Supply, Transportation, Storage, Fabrication, Construction, Installation, Testing, Pre-
commissioning, Commissioning, Performance, Guarantee Test Run and handing over of Unit for the
__________________________ of HPCL RAJASTHAN REFINERY LIMITED at ________________.
AND WHEREAS the Contract with respect to the said Tender has been awarded to the CONTRACTOR,
pursuant whereto, the CONTRACTOR has to make supplies of materials and to execute works and to
undertake services with the use of the said material as more specifically mentioned and described in the
Contract Documents as hereinafter defined.
AND WHEREAS it is desirable to have a formal Document setting out the documents which comprise the
Contract and determining certain other aspects as hereinafter appearing.
1.2 A copy of each of the Tender Documents is annexed hereto and the said copies have been
collectively marked Annexure ‘A’ while a copy of the Detailed Letter of Acceptance of Tender
alongwith Annexures thereto and a copy of Notification of Acceptance of Bid dated……………….are
annexed hereto & said copies have been collectively marked as Annexure-‘B’.
1.3 Where the CONTRACTOR is a Consortium of one or more entities or persons, all members of the
Consortium shall be jointly and severally liable for the performance of the Contract and of all
obligations of the CONTRACTOR arising under the Contract and for the discharge of all the
CONTRACTOR’s liabilities to the OWNER under or in respect of the Contract and any claim of the
OWNER without any limitation of liability as between the OWNER and the members aforesaid,
notwithstanding the existence of any agreement between the said members inter se limiting the
liability of any member for or in the performance of any duties or obligations under the Contract.
2.1 The CONTRACTOR shall make the Supplies specified in the Contract Documents upon the terms
and conditions and within the time specified in the Contract Documents.
2.2 The CONTRACTOR shall undertake the works and perform the services specified in the Contract
Documents upon the terms and conditions and within the time specified in the Contract
documents.
ARTICLE 3: PRICE AND COMPENSATION
3.1 Subject to and upon the terms and conditions contained in the Contract Documents, the OWNER
shall pay CONTRACTOR the price for the said supplies and Compensation for the said works and
services as specified in respect to each in the Contract Documents upon the satisfactory
completion of the said supplies and satisfactory performance of the services and/or otherwise as
may be specified in this behalf in the Contract Documents.
4.1 Notwithstanding any other Court or Courts having jurisdiction to decide the question(s) forming
the subject matter of the reference if the same had been the subject matter of a suit, any and all
actions and proceeding arising out of or relative to the contract or any award arising therefrom,
shall lie only in the Court of competent civil jurisdiction in this behalf at New Delhi/Jaipur (where
this Contract has been signed on behalf of OWNER) and only the said Court(s) shall have
jurisdiction to entertain and try any such action(s) and/or proceeding(s) to the exclusion of all
other Courts.
4.2 The Contract shall be governed in all aspects by the law of the Republic of India, without
application of the doctrine of Renvoi.
The Contract Documents mentioned in Article-1 hereof embody the entire Contract between the parties
hereto, and the parties declare that in entering this Contract they do not rely upon any previous
representation, whether express or implied and whether written or oral, or any inducement,
understanding or agreements of any kind not included within the Contract Documents and all prior
negotiations, representations, contracts and/or agreements and understandings are hereby cancelled.
ARTICLE 6: NOTICES
6.1 Subject to any provisions in the Contract documents to the contrary, any notice, order or
communication sought to be served by the CONTRACTOR on the OWNER with reference to the
CONTRACT shall be deemed to have been sufficiently served upon the OWNER notwithstanding
any enabling provisions under any law to the contrary, only if delivered by hand or by Courier to
the Engineer-in-Charge as defined in the General Conditions of Contract.
6.2 Without prejudice to any other mode of service provided for in the Contract Documents or
otherwise available to the OWNER, any notice, order or other communication sought to be served
by the OWNER on the CONTRACTOR with reference to the CONTRACT, shall be deemed to have
been sufficiently served if delivered by hand or through Courier to the principal office of the
CONTRACTOR at ______________________ or other address for service subsequently notified by
CONTRACTOR to the OWNER in this behalf in writing.
ARTICLE 7: WAIVER
No failure or delay by the OWNER in enforcing any right or remedy of the OWNER in terms of the
CONTRACT or any obligation or liability of the CONTRACTOR in terms thereof, shall be deemed to be a
waiver of such right, remedy, obligation or liability, as the case may be, by the OWNER and
notwithstanding such failure or delay, the OWNER shall be entitled at any time to enforce such right,
remedy, obligation or liability, as the case may be.
ARTICLE 8: NON-ASSIGNABILITY
The Contract and benefits and obligations thereof shall be strictly personal to the CONTRACTOR and shall
not on any account be assignable or transferable by the CONTRACTOR.
The language of the Contract shall be English and all communications, drawings, design, data, information,
codes specifications and other document whatsoever supporting the bid or otherwise exchanged under
the Contract shall be in English. In the event that any technical documentation is in any language other
than English, the document should be translated and presented to the OWNER/Engineer-in-Charge in
English and English document/translated document shall be regarded as the only authentic document.
It is expressly understood and agreed by and between the CONTRACTOR and the OWNER that the OWNER
is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In
particular, it is expressly understood and agreed that the Government of India is not a party to this
agreement and has no liabilities, obligations or rights thereunder. It is expressly understood and agreed
that the OWNER is an independent legal entity with power and authority to enter into contracts, solely in
its behalf under the applicable laws of India and general principles of Contract Law. The CONTRACTOR
expressly agrees, acknowledges and understands that the OWNER is not an agent, representative or
delegate of the Government of India. It is further understood and agreed that the Government of India is
not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of
the Contract. Accordingly, CONTRACTOR hereby expressly waives, releases and foregoes any and all
actions or claims, including cross claims, impleader claims or counter claims against the Government of
India arising out of this Contract and covenants not to sue the Government of India on any matter, claim,
cause of action or thing whatsoever arising out of or under this Contract.
No Director, employee, consultant or agent of the OWNER or other person representing the OWNER or
acting on behalf of the OWNER in or pursuant to the Contract or in the discharge of any obligation to the
OWNER under the Contract or otherwise in relation to the Contract shall have any personal liability to the
CONTRACTOR or any Sub-Contractor, agent, representative, director or employee of the CONTRACTOR or
to any other person acting for or on behalf of the CONTRACTOR and the CONTRACTOR on its own behalf
and on behalf of its Sub- Contractors, directors, employees, agents and representatives hereby waives
and disclaims any and all right of action which it or they may have whether under tort or Contract or
otherwise against the OWNER or any director, employee, agent, consultant or representative of the
OWNER for act of omission or commission done or omitted to be done.
IN WITNESS WHEREOF THE PARTIES hereto have executed this Contract in duplicate at the place, day and
year first above written.
(CONTRACTOR)
BY________________________ BY___________________________
1. 1.
2. 2.
The Clause No. 10. of GTC (General terms and condition of Work Contract) stand partially modified to
following extent:
a) Time is the essence of the Contract. The Parties agree and acknowledge that it is of paramount
importance that the Works are executed strictly in accordance with the Works Completion Schedule
as mentioned in Annexure-I to SCC. The Lumpsum Price shall be subject to adjustment by way of
discount as hereinafter specified, if the Unit(s) is/are not mechanically completed by the
CONTRACTOR or if the Unit(s) is/are mechanically completed subsequent to the date of Mechanical
Completion specified in the Time Schedule.
b) In case of any delay in mechanical completion (for the reasons not attributable to the Owner) of work
beyond the Time schedule as mentioned in Annexure-I of SCC, the Owner shall be entitled to a
discount in the Lumpsum Price (Form SP-0). The discount shall be applicable at the rate of 0.5% (half
percent) of the Lumpsum Price (Form SP-0) for every week of the delay or part thereof subject to a
maximum of 5% of the Lumpsum Price (Form SP-0).The above discount shall be recovered by the
Owner out of the amounts payable to the Contractor or from any Bank Guarantees or Deposits
furnished by the Contractor or the Retention Money retained from the Bills of the Contractor, either
under this contract or any other contract.
a) The AMC Charges quoted in SOP shall be inclusive of all the charges for Transportation,
Lodging, Boarding, all insurances including third party insurance, all Taxes /Duties / Cess /
Levies / Fees and all other incidental charges etc. but excluding GST which shall be
payable extra at actual on Submission of Invoice as per GST Invoicing rules. Owner will
not have any liability, whatsoever, over and above the quoted prices.
b) The payment terms for the AMC shall be on quarterly basis after completion of each
quarter against submission of Bills duly certified by the Engineer-in-charge.
c) The order for AMC will be placed before the expiry of contractual Warranty Period. The
price of AMC services will remain firm & fixed for the complete execution of AMC contract.
In case there is delay in start of AMC from the date of expiry of warranty period, the
charges shall be paid on pro-rata basis for the duration curtailed from original specified
AMC period.
d) Within 2 weeks of placement of Order for AMC, CONTRACTOR shall submit CPBG for
5% of the Maximum annual AMC amount which shall be valid for the entire AMC period
plus 2 months claim period.
e) Periodic and Preventive maintenance: CONTRACTOR shall depute their engineers to
installation site as & when required for regular check-ups, as part of periodic maintenance.
CONTRACTOR shall also depute their service engineers periodically for preventive
maintenance, major repairs / replacement and reporting. Price shall also include
emergency visits as necessary.
f) Scope of AMC shall be as per Bidding Document. The quoted lump-sum price shall
include providing all manpower, machineries and materials, including any special tools &
tackles required to carry out the work as per scope of work of AMC defined in the Bidding
Document.
1.1 Land for Construction, fabrication, site office and Warehouse shall be
provided FREE OF COST by Owner within HRRL’s Project site as per
Instruction of Engineer In-Charge based on assessment of quantum of work.
Land shall not be provided for Labour colony. The CONTRACTOR shall be
responsible to arrange at his own cost and initiation within the scope of work,
all facilities necessary for performance of the work including (but not limited
to) water, power, transportation, handling and construction equipment,
vehicles, vessels etc. If contractor need more land than Engineer In-Charge
assessment at or around the job site(s) required for the CONTRACTOR’s field
office(s), camps, godowns, workshops and residential accommodation for
CONTRACTOR’s staff, Labour colony, quarry rights, borrow areas and
access roads to or around the job site(s) and CONTRACTOR’s offices,
camps, godowns, workshops, accommodations, and temporary works and
facilities whatsoever shall arrange at their cost.
1.2 The OWNER does not warranty or undertake the provisions of any
facility aforesaid or otherwise whatsoever to the CONTRACTOR or
assistance in obtaining, procuring the same or other assistance whatsoever
for or in the performance or testing the work(s) and the CONTRACTOR shall
not imply by conduct, expression or assurance or by any other means any
promise or obligation on the part of the OWNER contrary to the provisions
hereof, and any such promise or obligation understood by the CONTRACTOR
shall not be binding upon the OWNER.
1.3 Any assistance which the OWNER renders to the CONTRACTOR, in
terms hereof or otherwise relative to the work by provision of any facility,
water, power, transportation, tools, vessels, vehicles, construction and/or
testing equipment and machinery, provision of land for quarries or borrow
areas or for CONTRACTOR’s Office, godown(s), workshop(s) or
accommodations and/or access road(s) or otherwise howsoever in the
performance or testing of the work(s), shall be, without any attendant
obligation upon the OWNER or liability on the OWNER for any failure,
omission, delay or refusal in providing or continuing to provide the same, and
shall not for any cause afford a basis of defence to the CONTRACTOR for
any breach by the CONTRACTOR of any of his obligations under the Contract
or a ground for extension of time for completion.
1.4 After the completion of the works, certain areas shall be declared as
Restricted Areas by the OWNER. If the CONTRACTOR is still in location or
occupation of any such Restricted Area, the CONTRACTOR shall vacate
the same forthwith on being required to do so by the OWNER, and
meanwhile shall at all times comply with and ensure strict compliance with all
regulations as the OWNER may from time to time issue with reference to
such Restricted Area(s).
1.5 The CONTRACTOR shall, at his own costs and initiative, on
completion or prior determination of work or otherwise during execution of
the work, if required by the Engineer- in-Charge because of hindrance caused
thereby or for any other cause, forthwith remove or re-route the distribution
lines, installations and/or works or part(s) thereof, as the case may be
required to be removed or re-routed.
1.6.1 Without prejudice the provisions of clause No. 1.1 to 1.5 above, subject to
availability, construction power shall be supplied by OWNER on
chargeable basis at single point near the battery limit through Compact Sub-
station (CSS), approx. distance from CSS will be 500 Mtr. All onward power
distribution from the locations of issue (i.e.CSS) of power shall be by the
CONTRACTOR. However, non-availability of construction power due to delay in
commissioning of OWNER’s construction power system or due to any other
reasons shall not entitle the CONTRACTOR for any claim on OWNER on
account of time and cost implications. Contractor shall make his own back-up
arrangement for continuous power supply.
1.6.2 The cost of power supply shall be recovered by the OWNER every month at
the rate of Rs. 12.5 per KW Hour (without prejudice to any other mode of
recovery available to the OWNER) by deduction from the CONTRACTOR’s bills
along with any applicable Taxes. The energy meter to be installed by the
CONTRACTOR shall be tested and certified by State Electricity Board or any
other agency approved by the OWNER. The Construction power as above shall
be made available to the CONTRACTOR and no time extension or compensation
shall be payable on account of grid disturbance. Therefore, the CONTRACTOR
shall within the price of services make alternate arrangement to cope with such
eventuality. Additional power, if required, to meet the contractual requirements,
shall be arranged by the CONTRACTOR at its own cost. Contractor shall install
Capacitor Bank for improving the Power Factor wherever required.”
1.6.3 No construction power shall be provided outside the Battery Limit of the
Plant by the OWNER. CONTRACTOR shall make his own arrangement for
construction power at his own cost for fabrication outside the Battery Limit of the
Plant.
1.6.4 The CONTRACTOR shall, at his own costs and initiative, on completion or prior
determination of work or otherwise during execution of the work, if required by
the Engineer-in-Charge because of hindrance caused thereby or for any other
cause, forthwith remove or re-route the distribution lines, installations and/or
works or part(s) thereof, as the case may be required to be removed or re-routed.
1.6.5 In the event of failure or defect of meter(s), power charges shall be calculated on
the consumption determined by the Engineer-in-Charge (whose decision shall
be final both as regards the existence of a defect or failure and as regards the
power consumed).
1.6.6 All arrangements for the distribution or power from source and the work relative
there to shall be made, performed and/or installed in conformity with Indian
Electricity Act and other applicable Laws and Regulations governing the supply
and transmission, distribution of electricity and shall be subject to prior approval
by the Engineer-in-Charge.
1.6.7 The OWNER may at any time without notice and without specifying any cause,
suspend or discontinue power supply as aforesaid to the CONTRACTOR, and
such suspension or discontinuance shall not entitle the CONTRACTOR to any
compensation or damages or constitute a basis for extension of time for
completion.
1.6.8 Power supplied by the OWNER to the CONTRACTOR shall be entirely at the
risk of the CONTRACTOR as to the continuity and regularity of supply,
maintenance of voltage and adequacy of load and frequency without any
warranty by or liability of the OWNER in respect thereof and without entitlement
to the CONTRACTOR for any compensation, damages, extension of time or
1.7 WATER
1.7.1 Owner shall provide Water for construction purposes on chargeable basis @
Rs. 26.62 per M3. However water will be available from Nagnachi at a distance
of 50 Km (approx.) from HRRL’s Refinery gate. Contractor to arrange water from
this point till completion of Pipeline laying work. Pipeline laying from Bagundi to
Project site is under progress and Water will be available at Construction water
reservoir within Refinery complex by 31.03.2020..Contractor shall make his own
arrangement for adequate supply, transportation through tankers, storage and
distribution of the same to avoid any stoppage of work till 31.03.2020 after that
water will be made available from within Refinery at Construction water reservoir.
CONTRACTOR shall make their own arrangement for construction water and
cost of the same shall be deemed to be inclusive in the Lumpsum Price.
1.7.2 The CONTRACTOR shall, at CONTRACTOR’s own cost and initiative provide
suitable pumping installations and piping for the transportation of water to and
distribution at the CONTRACTOR’s place or work.
1.7.3 Such installations, pipes and other equipment shall be laid out/installed by
the CONTRACTOR only with the prior approval of the Engineer-in-Charge so as
not to interfere with the layout and progress of the other construction work at the
site and access to or about the job site.
1.7.4 The CONTRACTOR shall forth with on completion of the work or earlier
determination of the Contract or during the execution of the work(s), if so required
by the Engineer-in-Charge, on grounds of hindrance or obstruction caused
thereby or other cause whatsoever at his/its own cost and initiative remove or
re-route, as the case may be, any installation, pipes and/or other equipment put
up or erected by the CONTRACTOR for the transportation and/or distribution of
water, and fill any trenches, ditches or other excavations done by the
CONTRACTOR for the purpose thereof and restore the site to the same
condition in which it was prior to the installation.
1.7.5 Drinking Water for the contract labour, sub-contractors and employees of
the CONTRACTOR shall be in the scope of Contractor. Owner will not provide
Drinking Water and water for other use.
1.7.6 Without prejudice the provisions of clause No. 1.1 to 1.5 above, the Water
Required during Pre-Commissioning, Hydro testing may be provided by
OWNER based on the availability of these utilities on chargeable basis. Further
Owner does not guarantee the supply of these utilities and this does not relieve
CONTRACTOR of his responsibility in making his own arrangement and for the
timely completion of the various works as stipulated.
In case water provided by Owner to contactor, the Charges of Water shall be
recovered from the LSTK Contractor’s bills along with any applicable Taxes.
Permission for bore well drilling inside the premises shall not be granted. Agency
to make water arrangements from indicated water source.
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1 24.01.2014 Reaffirmed & Issued as Standard SM DJ RKD SC
Doc. No. 6-10-0001 Rev 0 has been revised
0 21.05.2008 AS GKI SCB VC
and issued as Standard
Standards Standards
Committee Bureau
Rev. Prepared Checked
Date Purpose Convenor Chairman
No by by
Approved by
Abbreviations:
MS Mild Steel
CONTENTS
3.0 CEMENT 5
6.0 EQUIPMENTS 7
7.0 CABLES 7
Whenever any material is issued by Owner, following conditions for issue of material in
addition to other conditions specified in the contract shall be applicable:
1.1 Necessary indents shall be raised by the Contractor as per procedure laid down by the
Engineer-in-Charge from time to time, when the materials are required for incorporation in
permanent works.
1.2 Materials shall be issued only for permanent works and not for temporary works, enabling
works etc. unless specifically approved by the Engineer-in-Charge.
1.3 The Contractor shall bear all other cost including lifting, carting from issue points to work
site/Contractor's store, custody and handling etc. and return of surplus/serviceable scrap
materials to Owner's storage points to be designated by the Engineer-in-Charge. No separate
payment for such expenditure shall be made.
1.4 No material shall be allowed to be taken outside the plant without a gate pass.
1.5 The Contractor shall be responsible for proper storage, preservation and watch & ward of
the materials.
2.1 All unused/scrap materials shall be the property of the Owner and shall be returned in good
and acceptable condition category wise by the Contractor at his own cost to Owner's Store(s).
2.2 No credit shall be given to the Contractor for return of scrap. The Contractor should quote the
rates accordingly. Contractor shall make his own arrangements for weighing the cut offs to be
returned to Owner's stores.
2.3 In case the Contractor fails to return unused materials/ accountable scrap, then recovery for
such quantity of materials, not returned by the Contractor shall be affected at following penal
rates from the Contractor's bilis or from any other dues of the Contractor to the Owner:
S.
Material Penal Rates
No.
Penal rates for non return of Unused material and Twice the Issue Rates
(a) or penal rate for generating scrap in excess of or
2. permitted % allowances Twice the Landed Rates
(in case Issue Rates are
Penal rate for using excess amount of materials not indicated in the
(b)
like cement than permitted % allowances Contract)
NOTE : 1) Landed Rate shall be arrived from the latest Purchase Order of respective
material received at site by Owner/EIL.
2) In case more stringent penal rates have been indicated elsewhere in the
Contract (based on Project requirement), the same shall supersede the above
rates.
3.0 CEMENT
3.1 Cement as received from cement Manufacturer/Stockists shall be issued to the Contractor.
The theoretical weight of cement in each bag for issue purpose shall be considered as 50 Kg or
20 bags per MT. However, cement bags weighing upto 4% less shall be accepted by the
Contractors and charged for as full bag.
3.2 The Contractor is required to submit the design mix for different grades of concrete, keeping
in view the requirements stipulated in IS:456 and IS 10262, specifically regarding durability,
slump and water cement ratio and specific gravity of materials brought to site as analyzed in
the laboratories. The design shall be based upon absolute volume method and theoretical
consumption of cement shall be worked out on this basis. For other than concrete items, the
coefficients for consumption of cement shall be adopted as per CPWD practice.
3.3 The permissible variation between Cement actually used on the job and theoretical
consumption worked out on the basis stipulated in above para 3.2 and as determined by
Engineer-in-Charge shall be 3% (Three percent only).
If the actual consumption is more than 103% of the theoretical consumption, then recovery at
the penal rates for the quantity of cement beyond the limit of 103% of theoretical consumption
shall be affected as per clause 2.3 above.
3.4 Unused quantity of cement shall be returned by the Contractor to the Owner's stores in good
condition only.
3.5 The Contractor shall maintain a good store for storing cement issued to him. The flooring of
the storage house, the clearances of cement bags from the side walls/ floor & stack height etc.
shall be as instructed by the Engineer-in-Charge.
3.6 The contractor shall maintain a Cement Register in prescribed format and update the entries
on daily basis.
3.7 The cement store shall be offered for inspection and verification by the Engineer-in-Charge or
his authorized representative at any time when the Engineer-in-Charge feels the need to do so.
3.8 Empty cement bags shall be the property of the Contractor and shall have to be disposed off
by him.
4.1 The scrap allowance for the reinforcement bars/structural steel including steel plate issued by
the Owner, shall be total 3% (2.5% accountable and 0.5% unaccountable) of the actual
consumption as incorporated in the works.
4.2 All serviceable reinforcement bars/structural steel/steel plates shall be issued in available
length/shapes/sizes and no claims for extra payment on account of issue of non-standard
lengths/shapes/sizes and bending etc. shall be entertained. Reinforcement bars and structural
steel shall be issued on weighment basis as per normal warehousing practice. In exceptional
circumstances, the reinforcement bars/ structural steel, if issued on linear measurement, the IS
coefficients for unit weight shall be considered. For the purpose of billing and accounting,
only linear measurements shall be taken and weight shall be calculated as per IS coefficients
in three decimals. The difference in unit weight as per IS and actual as issued, if any, shall be
to Contractor's account and Contractor is deemed to have considered the same at the time of
bidding.
4.3 Reinforcement bars/structural steel/steel plates shall be issued only for those items where
Owner's supply has been specifically mentioned in Schedule of Rates/ Scope of Supply. The
storage of these items shall be done in such a way so as to avoid rusting/ damage to any kind
to the materials.
4.4 All reinforcement bars/structural steel (except M.S. Plates) in length of 2 meters and above
shall be considered as serviceable materials provided the material is in good and acceptable
condition. Reinforcement bars/structural steel section (except M.S. Plates) in lengths less than
2M shall be treated as scrap.
The contractor shall strive to avoid generation of cut pieces of length 2m and above, as far as
practicable, by effectively planning & executing the construction works.
4.5 For the purpose of accounting of the plates, all plates measuring not less than 1 Sq.m in area
and having any dimensions not less than 200mm when returned to Owner's store, shall be
considered as serviceable material. All other pieces shall be treated as wastage/scrap. The
Contractor shall prepare a plate cutting diagram in such a way that the minimum scrap is
generated. Also the cut plates should be used at proper places to reduce the scrap.
4.6 The serviceable cut pieces as mentioned in 4.4 & 4.5 above shall be considered as unused
material for reconciliation purpose.
4.7 Material appropriation shall be done and wherever applicable, the recovery at penal rates as
per clause 2.3 above shall be affected from the contractor.
5.1 All serviceable pipes shall be issued in available lengths/shapes and no claims for extra
payments on account of issue of non-standard length & shape shall be entertained. Pipes shall
be issued on linear measurement basis. All valves, flanges, fittings etc. shall be issued on
number(s) basis. Contractor shall store the materials in such a way so as to avoid mixing of
different types of material and shall maintain complete identification and traceability at all
times.
5.2 The scrap allowance for pipes issued by the Owner shall be 3% (2.5% accountable + 0.5%
unaccountable) of the actual consumption as incorporated in the works.
5.3 All pipes in length of 2 meters and above shall be considered as serviceable material provided
the material is in good and acceptable condition and has clear identification and traceability
(Manufacturer's name, heat number/batch number and test certificates). Pipes in lengths less
than 2M shall be treated as scrap.
The contractor shall strive to avoid generation of cut pieces of length 2m and above, as far as
practicable, by effectively planning & executing the construction works.
5.4 All unused/scrap pipes, valves, flanges, forged fittings like elbows, reducers tees shall be
returned by the Contractor category wise duly cleaned, greased and spec. marked at his own
cost to Owner's stores.
5.5 Material appropriation shall be done and wherever applicable, the recovery at penal rates as
per clause 2.3 above shall be affected from the contractor.
6.0 EQUIPMENTS
All materials supplied by the Owner shall be duly protected by the Contractor at his own cost
with appropriate preservative like primer, lacquer coating, grease etc. as required.
7.0 CABLES
7.1 Al1 the surplus and serviceable cables out of the cables quantity(ies) issued by the Owner to
the Contractor shall be returned by the Contractor to the Owner's store in good condition and
as directed by the Engineer-in-Charge.
7.2 The Contractor shall be allowed a cutting/wastage allowance (accountable scrap) of 1.5% for
power cables and 3% for the control cables. This cutting/wastage allowance shall be
computed on the length of cables actually laid, measured and accepted.
7.3 All cables being returned to store should carry Aluminium sheet tags indicating the size &
type of cable. Cables of less than 15 meters length shall be termed as scrap. Cables of lengths
15M and above shall be termed as serviceable material & shall be returned size wise and
category wise to the Owner's store in wooden drums. Cables of serviceable length being
returned to stores in drum(s) shall be accepted only after Megger value continuity test and
physical measurement is carried out by the Contractor to the satisfaction of Engineer-in-
Charge. Empty cable drums and major packing material (as decided by Engineer-in-charge)
shall be Owner's property and shall be returned to Owner's Store/designated place without
any additional cost.
The contractor shall strive to avoid generation of cut pieces of length 15m and above, as far as
practicable, by effectively planning & executing the construction works.
7.4 While carrying out material appropriation with the Contractor, the above points shall be taken
into account. All serviceable materials returned by the Contractor (size wise & category wise)
shall be deducted from the quantity(ies) issued to the Contractor for the respective sizes.
Scrap generated for power cable and control cable shall also be returned to Owner's store on
Lot basis. Wherever applicable, the recovery at penal rates as per clause 2.3 above shall be
affected from the contractor.
8.1 All bare/ coated line pipes as per Line Pipe specifications shall be issued on linear
measurement basis. The serviceable line pipes shall be issued in available lengths and shapes
and no claim for extra payment on account of issue of non-standard length and shape shall be
entertained. Contractor shall store and maintain the line pipes in proper manner to avoid
mixing of different classes of pipes. Contractor shall maintain complete identification and
traceability at all times. Al1 cut pieces when returned to Owner's storage points after beveling,
shall be considered as serviceable material provided:
b) Pipe pieces have pipe specifications, manufacturer's logo/name and heat number duly
authenticated with hard stamp of the authorized inspector as per approved procedure.
A11 cut pieces of pipes measuring less than 2 M shall be treated as wastage/scrap.
The contractor shall strive to avoid generation of cut pieces of length 2m and above, as far as
practicable, by effectively planning & executing the construction works.
8.2 For the purpose of accounting of bare/ coated line pipes, following allowances shall be
permitted:
a) Unaccountable wastage
- upto 100 Km 0.1%
- 101 to 500 Km 0.07%
- beyond 500 Km 0.05%
The percentage allowance shall be accounted on the basis of pipe book chainage for main
pipeline.
8.3 Material appropriation shall be done and wherever applicable, the recovery at penal rates as
per clause 2.3 above shall be affected from the contractor.
9.1 For the purpose of accounting of optical fibre cable, all cut pieces measuring in length of 40 m
and above when retumed to Owner's storage points shall be treated as serviceable materials.
All cut pieces of cable measuring less than 40 M shall be treated as scrap.
For the purpose of accounting of OFC (Optical Fibre Cable) following allowances shall be
permitted:
The percentage allowance shall be accounted on the basis of pipe book chainage for main
pipeline.
Cables returned in original drum (measuring 750m and above) with Optical Time Domain
Report (OTDR) shall be considered as unused material.
9.2 The contractor shall strive to avoid generation of cut pieces of length 40m and above, as far as
practicable, by effectively planning & executing the construction works.
9.3 Material appropriation shall be done and wherever applicable, the recovery at penal rates as
per clause 2.3 above shall be affected from the contractor.
The Contractor shall make a schedule for use of Cable jointing kits and get the same approved
from Engineer-in-charge. The quantity mentioned in this schedule shall be termed as
`planned' usage quantity which shall be issued to the Contractor. However, any jointing based
on site requirements as decided by Engineer-in-charge shall be included in planned quantity.
Any unplanned jointing required to be carried out by the Contractor due to reasons not
attributable to Owner/EIL shall be issued from spare quantity, if available with Owner. Such
unplanned OFC Jointing Kits shall be charged from the contractor at penal rates as per clause
2.3 above.
APPENDIX -XXVIII
Total 1.2
In the event of delay in achieving the above intermediate milestones, Price adjustment for delay in
achieving each intermediate major milestones shall be a sum equivalent to 0.2% of the Total Lumpsum
Price for every week of delay or part thereof, limited to a maximum of 1.2% of the Total Lumpsum Price
in respect of any or all the intermediate major milestones put together. However, the total adjustment
on account of delay in achieving the intermediate major milestones as mentioned above and delay in
Mechanical completion of work beyond the Time schedule as mentioned in Annexure-I of SCC shall be
limited to 5% of Total Lumpsum Price only.
AT
BIDDING DOCUMENT
FOR
EPCC-10 PACKAGE
VACUUM GASOIL HYDROTREATING UNIT &
REFINERY OFFGAS PSA (VGO HDT & ROGPSA)
PREPARED BY:
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT
(VGO HDT) AND REFINERY OFF GAS PSA
SCHEDULE OF PRICES
(SOP)
(Rev. 0)
1. PREAMBLE
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
1. Bidder’s quoted prices shall be strictly as per various FORMS included under Schedule of Prices. Bidder shall
quote LUMPSUM PRICE for entire scope of work as per provisions of the Bidding Document in FORM SP-‘0’.
This LUMPSUM PRICE may also be referred to as Lumpsum Price or Contract Price. Bidder shall also quote
break up of LUMPSUM PRICE separately for Design and Detailed Engineering (FORM SP-1), Supply (FORM
SP-2) and Construction/Installation (FORM SP-3). Bidder shall furnish further rbreak up of lumpsum prices as
per FORM SP-4, SP-5 and SP-6.
These Breakup of Prices (i.e. FORM SP-1, SP-2, SP-3 and further break-up in FORMs SP-4, SP-5 and SP-6)
are only meant for the purpose of Milestone Payment and finalization of Billing Break-up during the execution
of the Contract.
2. Bidder to note that breakup of lump sum price is for reference only and total price payable under the Contract
shall be restricted to the Lump sum Price / Contract Price indicated in Schedule of Price FORM SP-0. The
Price evaluation shall be based on the Lump sum Price quoted in FORM SP-0, in line with provisions of
Bidding Document.
The above Lumpsum Price (FORM SP-0) shall be considering entire Contract as “Works Contract
Service”.
3. The quoted price shall be deemed to be inclusive of all the taxes& duties except GST (i.e. IGST or CGST and
SGST/UTGST applicable in case of interstate supply or intra state supply respectively and GST Compensation
cess, if applicable). It is clarified that prices, taxes, duties including GST on any transaction between
Contractor and their sub-contractor/ sub-supplier shall be included in the Lumpsum price quoted by the
Contractor.
4. The quoted price shall also include the insurance, all applicable taxes, Duties, Cesses, Royalty and Levies as
per Bidding Documents.
5. The price quoted shall be lumpsum price for the entire scope of work, whether specifically mentioned or not, to
be executed on Lumpsum turnkey (LSTK) basis. Unless the basic parameter changes or additional/ extra
requirements (scope of work and/or supply and/or services) are made, total payments to be made to the
Contractor shall be limited to lumpsum price indicated/finally accepted as per FORM SP-0 only.
6. Obligation of the Contractor is not limited to the quantities that the Contractor may either indicate in the
Breakup of Lumpsum Prices along with his bid or in further detailed breakup of lumpsum prices furnished after
award of Work during billing breakup finalization. Contractor shall carry out entire scope of
work/supplies/Services as detailed in various sections/volumes of the Bidding Document within the quoted
Lumpsum Price.
Break up of LUMPSUM PRICE is required to be submitted in FORM SP -1, SP-2, SP-3, SP-4, SP-5 and SP-
6 which shall be used for milestones payment purpose only. Further Break-up of these forms as required shall
be submitted and got approved from Engineer-in-charge/Owner in the billing schedule after award of Contract.
Billing schedule shall be allowed to revise two times only, one after achieving 50% overall Project progress and
second time after achieving 90% Overall progress.
7. Lumpsum price shall be deemed to be inclusive of the cost of any other supplies/work(s)/Services not
specifically mentioned in the Bidding Document but are essentially required for the efficient, trouble free
operation of the complete package, irrespective of whether the above unspecified supplies/work(s)/services
are specifically mentioned in the bidder’s bid or not.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
8. The Bidder shall carefully examine the various clauses of Bidding document inclusive of Scope of Enquiry,
General Terms and Conditions for Works Contract, Special Conditions of Contract, Tender Specifications,
Technical and Commercial Amendment( if any) etc. The bidder shall include in his prices any sum he may
consider necessary to cover the fulfilment of the various clauses contained therein. The items of work
described and the Lumpsum Price stated in the Schedule of Price shall be inclusive of everything necessary to
complete the said items of work within the contemplation of the Contract.
9. General directions and descriptions of work and materials given in the specifications are not necessarily
repeated in the Schedule of Price.
10. Bidder to note that breakup of Lumpsum Price is for interim payment purposes only and total price payable
under the Contract shall be restricted to the Lumpsum Price/Contract Price mentioned in FORM SP-0.
11. The Price for Design and Detailed Engineering quoted in FORM SP-1 shall not exceed 9% of the Lumpsum
Price of FORM SP-0.
12. The Price of Supply quoted in FORM SP-2 shall not exceed 57% (Fifty Seven Percent) of the Lumpsum Price
of FORM SP-0.
13. In case the prices are beyond the limits mentioned under Sl. Nos. 11, 12, then such additional amount shall be
raised by Contractor in the final bill and shall be paid to the Contractor in the final bill/invoice only. Billing
schedule shall be prepared as per above clause no.11 & 12 only.
14. In case of any contradiction between Lumpsum Price mentioned in FORM SP-0 and subsequent Break-up of
price mentioned in FORMs SP-1, SP-2, SP-3, SP-4, SP-5, SP-6, the Prices indicated in FORM SP-0 shall be
final & binding and shall be considered as “Lumpsum Price” for complete Scope of Work and break-up of
Prices shall be reworked to match with Price as per FORM SP-0.
15. 15. In case of contradiction between Break up of Prices as per FORM SP-1, SP-2 and SP-3 and further
Breakup of prices as per FORM SP-4, SP-5 and SP-6, following order of precedence shall apply :
SP-1, SP-2, SP-3.
SP-4, SP-5, SP-6.
16. Following Forms of Schedule of Price are also enclosed.
i) FORM SP-7, indicating Recommended spares for 2 years Operation and Maintenance (O&M spares). Prices
as per FORM SP-7 shall be submitted within 03 Months of award of work as per provision of SCC clauses.
ii) FORM SP-8A, indicating the details of Goods and Service Tax (GST) in respect of Lumpsum Price quoted
under FORM SP-0.
iii) FORM SP-8B, indicating the details of Goods and Service Tax (GST) in respect of PWCAMC prices quoted
under FORM SP-11.
iv) FORM SP-9 indicating details of Custom and Custom related duties for the Built-in import content.
v) FORM SP-10 Guarantee Values to be quoted by bidder.. Refer Loading & Guarantees attached as Annexure-
II to SCC of the Bidding Document.
vi) FORM SP-11 i) to x) for Prices for Post Warrantee Comprehensive Annual Maintenance Contract (PWCAMC)
Services.
vii) FORM SP-12 for Prefilled Heavy Lift Crane Retention Charge.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
i) INR and/or
ii) Any one Foreign currency out of USD and EURO
Bidder to carefully mention the applicable foreign currency in the specified columns.
18. It shall be the sole responsibility of the CONTRACTOR to duly observe and perform and fulfil all obligations of
all laws, rules, regulations, orders and formalities during the entire period/currency of the Contract, applicable
to Good and Service Tax (GST), Customs Duty, etc. on the import, manufacture, sale and/or supply of any
material(s)/equipment to the OWNER and performance of the works contract service under the Contract. The
CONTRACTOR shall keep the OWNER and its Project Management Consultant (PMC) indemnified from and
against any and all claims, demands, prosecutions, actions, proceedings, penalties, damages, demurrages
and/or other levies whatsoever made or levied by any Court, Tribunal or the Customs or other Authorities with
respect to any alleged breach, evasion or infraction of such duties, taxes, charges or levies or any breach or
infraction of any applicable laws, rules, regulations, orders or formalities concerning the same and from the
consequence thereof.
19. The Lumpsum Price of Works Contract Service shall be deemed to cover various factors including but not
limited to cost of materials/equipment/Services, overheads, bidding cost, financing costs, profits, mobilization &
demobilization cost, etc., as applicable. Unless the scope expressly excludes certain provisions from the
CONTRACTOR’s scope in the Bidding document/Contract, no additional payment on any such head expressly
not mentioned herein in the Bidding Document/Contract shall be entertained on a later date.
20. Bidder shall submit their Priced Bid duly filled in with prices, stamped & signed by Bidder on each page and
scanned & uploaded in the respective “PRICE BID” folder only on the e-Procurement Portal as mentioned in
the ITB/IFB in the following manner:
i) Lumpsum Price as per FORM SP-0.
ii) Breakup of Prices as per FORM SP-1,SP-2 &SP-3and further Break-Up of Prices as per FORM SP-4,SP-5 &
SP-6.
iii) Break-up of Goods and Service Tax (GST) in FORM SP-8A& SP-8B and Details of Custom Duty as per FORM
SP-9.
iv) Guaranteed Values to be submitted by bidder in FORM SP-10.
v) Duly filled in Prices for Post Warrantee Comprehensive Annual Maintenance Contract Services FORM SP-
11(i) TO SP-11(x).
vi) Duly stamped and signed FORM SP-12 towards pre-filled Heavy Lift Crane(1600 Ton) retention charges
21. Lump sum price shall be exclusive of Comprehensive Insurance (Marine cum transit cum storage and
erection) till handing over of the package, as per provision of the Bidding Document. However, all other
insurances to be taken by the Contractor, required, if any, as per provision of the Bidding Document shall be
included in the quoted Lumpsum price.
22. BREAK-UP OF DESIGN AND DETAILED ENGINEERING PRICE (SP-1) shall include, Design and Detailed
engineering and Training, as per requirement of Technical Part of the Bidding Document for complete work in
accordance with the various provisions of the Bidding Document.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
23. BREAK-UP OF SUPPLY PRICE (SP-2) shall include Sale and Supply of all Materials (except CIVIL AND
STRUCTURAL MATERIALS AND OTHER MATERIALS FOR CONSTRUCTION AS SPECIFIED IN FORM SP-
3) required for incorporation in the permanent Works as determined by Bidder, within the scope of work, to be
necessary to establish, commission and operate the Plant/Unit, delivered in respect of imported
materials/equipment and delivered for Indigenous materials/equipment, at the price of materials/equipment, as
specified in the Schedule of Prices. SUPPLY PRICE shall include price of all Materials/equipment required for
completion of the Works in all respects and also shall include all associated activities. The guidelines for
covering the materials/equipment and associated activities under Supply Price is specified herein below:
a) SUPPLY PRICE (SP-2) shall include supply and transportation up to Project Site/fabrication yard of all
materials as mentioned under SP-2, and SP-5.
b) SUPPLY PRICE(SP-2) shall include supply of any other Materials, not mentioned under SP-2 and SP-5, but
required as per provisions of the Bidding or Contract Documents, and as per the guidelines mentioned under
this clause 23.0
c) SUPPLY PRICE (SP-2) shall include the price of mandatory spare parts but exclude the price of 2 years
recommended spare parts.
d) SUPPLY PRICE(SP-2) shall include the price of spare parts for pre-commissioning, commissioning and the
price for such spares shall be included in the individual equipment.
e) SUPPLY PRICE(SP-2) shall include price for special tools and tackles, if any.
f) SUPPLY PRICE (SP-2) shall include first fill of lubricant, catalyst, chemicals etc.
g) SUPPLY PRICE(SP-2) shall include prices for Built-In Import content billed to and shipped to in the name of
Contractor.
h) SUPPLY PRICE(SP-2) shall include the cost of all inspections including Third Party Inspection.
i) SUPPLY PRICE(SP-2) shall also include any incidental or auxiliary supplies which are not specified in the
Bidding Document specifically but which are required for completion of Works in all respects which could be
reasonably implied from the contents of the Bidding Document.
j) SUPPLY PRICE(SP-2) Price shall include all materials which are in the form of finished goods. Construction
materials such as civil, structural shall not be included under SP-2 and shall be included under the Price of
Construction.
a) SP-3 Price shall include supply of all construction materials as required for completion of the Work in all
respects. Construction Materials, in general, shall include cement, Iron/Steel, reinforcement bar, sand, M-sand,
aggregates, stones, bricks, earth and clay, woods and boards of all kinds, sanitary pipes and fittings, sewage
pipes and fittings, drainage pipes and associated fixtures and fittings, cisterns, toilets, toilet seats and other
sanitary fittings of any kind whatsoever, water proofing compounds, chemicals, paints, varnishes, white-
washes, distempers, plaster of paris and other finishing materials whatsoever, barricading materials of all kinds
and welding and other electrodes, lead, alloys& other material, compounds and consumables whatsoever
involved for and / or incorporated in the permanent Works.
b) SP- 3 Price shall include prices of all type of construction services required for completing the Works in all
respects including construction, testing, pre-commissioning, commissioning and handing over to Owner. This
shall include all type of Services required for completing the works in all respects as per the scope of work
specified in the Bidding Document. The major services are specified here in below, without being limited to :
i) SP-3 Price shall include - Supply, procurement, mobilization and deployment of all Skilled/ Unskilled
Manpower/ labour, construction plant/equipment/machinery necessary for lifting, loading, handling, removing,
transporting, unloading or securing the materials.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
ii) SP-3 Price shall include - The cost of mobilization including but not limited to mobilization of vehicles,
movements, machinery, equipment, gear, tools, tackles, Heavy lift cranes of different capacities for erection of
FIMs supplied by Owner and Contractor’s own scope of equipments& structural items, and other items and
goods and personnel necessary for or to perform the works contemplated under the Contract.
iii) SP-3 Price shall include - The cost of all construction plants and equipment, vehicles, movements, supply of
water and power, construction of temporary roads and access, temporary works, pumps, wiring, pipes,
scaffolding, piling, shuttering and other materials, supervision, labour, fuel, stores, geo technical investigation
iv) SP-3 Price shall include - All supervision charges, establishment charges, overheads, contingencies, site
organization, charges etc.
v) SP-3 Price shall include - The cost of all indemnities under the Contract, and insurance premium for the
“Insurance” not covered under Owner’s Insurance policy but are required as per provisions of the Bidding
Document.
vi) SP-3 Price shall include - The cost of all rents, royalties, licenses, permits, permission and any other fee, duty,
penalty, levy payable on the excavation, removal of transportation of any material or acquisition or use of any
right of way or other right, licenses, permit, privilege, permission or uses required for the performance of work.
This provision shall apply for the construction materials.
vii) SP-3 Price shall include - Assembly of sub-assemblies, installation, alignment, welding, and completion up to
Erection of all the disciplines – civil and structural, mechanical, pressure vessels, rotary equipment, package
equipment, HMTD equipment, piping, electrical, instrumentation, insulation, fire proofing, refractory, painting,
etc. as required according to the specifications and drawings.
viii) SP-3 Price shall include – All Testing works including Hydraulic /pneumatic testing at Site.
ix) SP-3 Price shall include - Pre-commissioning of the Complete Unit
xiii) SP-3 Price shall include - The incidental cost arising out of Punch list/ check list issued by commissioning team
of licensor or owner or operations group of owner during pre-commissioning / commissioning for smooth and
trouble free operation of the system/ units.
xiii) SP-3 Price shall include the cost of transportation from the factory or ware house or other places of delivery in
respect of construction materials and to transport these to the Contractor’s stockpiles, godowns or other
places of storage approved by the Owner, and to transport the same from the said godowns or places of
storage to the work site (including for SP-2 Material) for incorporation in the permanent work.
xiv) SP-3 shall also include any incidental or auxiliary works which are not specified above or in the specifications
or in the Conditions of Contract or in the Bidding Document specifically but which are required for completion
of Works in all respects and which could be reasonably inferred from the contents of the Contract Document.
25. The unpriced commercial bid shall contain the unpriced copy of price bid with the word “QUOTED” mentioned
in the Price Column. Also, the unpriced copy must indicate the GST percentage(%) along with correct SAC
codes in FORM-SP8A and FORM-SP 8B of this Schedule of Prices (SOP). Bidder to ensure, filling correct
applicable SAC codes as the quoted Price shall be FIRM and binding for the capping of payment. In case of
any ambiguity indicated in SAC code, then the Owner reserves the right to evaluate the offers with applicable
taxes under the relevant SAC code of particular services.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
Spares for start-up/commissioning and mandatory spares and any other Tools and Tackles as required are in
CONTRACTOR's scope and are deemed to be included in their quoted Lumpsum Price, irrespective of
whether such spares/items are categorically mentioned or not in the bidder’s bid. No claim on this issue shall
be entertained at a later date after award of work and at any stage during the faithful execution of the contract.
26. The Prices for Post Warranty Comprehensive Annual Maintenance Contract (PWCAMC) quoted in FORM SP-
11 shall not be included in the Lumpsum Price quoted in FORM SP-0.
27. Prices of PWCAMC shall be inclusive of all applicable taxes and duties except GST as quoted in FORM-SP-
8B, which shall be paid extra against submission of documentary evidence.
28. The prices for PWCAMC shall remain valid upto the defect liability period. In case of award, the price for
PWCAMC shall remain firm till the completion of scope of PWCAMC.
29. The Prices for PWCAMC shall be considered for evaluation. OWNER reserves the right to place the order
for PWCAMC before completion of defect liability period.
30. The OWNER will place separate Purchase Order/ Contract for PWCAMC on the CONTRACTOR.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
NAME OF BIDDER
FORM-SP-0
LUMPSUM PRICE
Note: In case of any discrepancy between Prices quoted “In Fig.” and “In Words”, the Prices quoted “In Words” shall be considered for evaluation and award.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS PSA
a) In case of consortium bids, Leader of consortium shall submit in the unpriced part, the certificate from any one out of their CEO or their CFO or their Company Secretary or any of their
Functional Director in their Board of Members, certifying that each member of the consortium holds at least 25% stake in the consortium and the prices are quoted in the price bid
accordingly. The reference exchange rate for calculation of stakeholding shall be the SBI Bill selling rate of the relevant Foreign Currency as on the first day of the month in which the
bid due date / extended bid due date falls.
b) In case separate payments to consortium members has been opted by the Bidder, then providing the break-up of price between Leader and the other Member is mandatory, else the
payment shall be made to the Leader of the consortium only.
c) Wherever, Bidder has provided break-up of Price between Leader and the other Member of the consortium, after opening of prices, for the purpose of ascertaining the stake of each
consortium member, the stakeholding of leader and the other member shall be arrived by considering the reference exchange rate as the SBI Bill selling rate of the relevant Foreign
Currency as on the first day of the month in which the bid due date / extended bid due date falls.
In accordance with the above calculation methodology, Bidder to quote above “BREAKUP OF LUMPSUM PRICE BETWEEN LEADER AND OTHER MEMBER FOR CONSORTIUM
BID” such that the stake of each consortium member corresponds to the respective percentage of stake specified by the Bidder in the MoU as submitted in the Un-priced part.
In case, after opening of Price Bid it is noticed that the stake breakup worked out as above, does not comply with the break-up of stakeholding declared in the MoU submitted by Bidder,
HRRL shall adjust the prices stake between Leader and Member prior to award of work and as deemed appropriate by them, so that the same are in accordance with the percentage
stake in MoU.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS PSA
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF
GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-1
BREAK UP OF LUMPSUM PRICE
Schedule of Lump-sum Price for Design and Detailed Engineering
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF
GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-2
BREAK UP OF LUMPSUM PRICE
Schedule of Lump-sum Price for Supply
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-3
BREAK UP OF LUMPSUM PRICE
Schedule of Lump-sum Price for Construction/Installation
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-4
FURTHER BREAK-UP OF PRICE FOR DESIGN & DETAILED ENGINEERING
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-5
FURTHER BREAK-UP OF PRICE FOR SUPPLIES
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-5
FURTHER BREAK-UP OF PRICE FOR SUPPLIES
NOTES:
i) The minor materials for Mechanical Equipment, Electrical, Instrumentation which are required in connection with site installation activities are included under construction – FORM SP-6 in
relevant items.
ii) Prices are inclusive of Third Party Inspection (TPI) charges and Ocean Freight charges and Air freight charges (If any).
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-6
FURTHER BREAK-UP OF PRICE FOR CONSTRUCTION / INSTALLATION
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-6
FURTHER BREAK-UP OF PRICE FOR CONSTRUCTION / INSTALLATION
NOTES:
1) The breakup of prices given above are exclusive of supply of materials covered in SP-5 but are inclusive of materials for Civil, Structural, General Civil, Architectural, Painting, Insulation,
Acid/Alkali proofing, consumables, etc.
2) Total price as per FORM SP-6 shall be inclusive of Construction/Erection, testing and commissioning of the materials supplied by Owner (if any, as specified in job specification) including
transportation of materials from Owner's storage point within the Refinery Complex to the Contractor's ware house/work site.
3) Bidder is required to indicate Break-up of Prices for “Assistance services during plant Operation for a period of 6 Months after commissioning” against Sl. No. 1 (viii) above.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY
OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-6
FURTHER BREAK-UP OF PRICE FOR CONSTRUCTION / INSTALLATION
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS
PSA
FORM-SP-6
PRICE SCHEDULE OF RECOMMENDED SPARES FOR TWO YEARS OPERATION AND MAINTENANCE
i) NO.
ii) NO.
iii) NO.
iv) NO.
v) NO.
NOTE :
1) Prices as per FORM SP-7 shall be submitted within 3 months of award of work as per provisions of SCC Cl. No. 34.8.3 (b).
2) These two years Operation and Maintenance (O&M) spares shall not be considered for evaluation.
Prices of two years Operation and Maintenance (O&M) spares shall be kept valid for a period of 12 Months after Contractual Commissioning Owner reserves the right
3)
to place the Order for such O & M Spares.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS
PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-8A
DETAILS OF GOODS AND SERVICE TAX (GST) ON LUMPSUM PRICE QUOTED AT SP-0 CONSIDERING CONTRACT AS WORKS CONTRACT
SERVICE
The GST shall be payable to the Contractor only upon submission of GST invoice in accordance with GST Act, subject to the ceiling mentioned in FORM- 8A. Bidder
5)
while submitting the Invoice shall clearly give the break-up of Creditable / Non-creditable GST, so that OWNER can avail Input credit as per GST Act/Rules.
For evaluation purposes, the foreign currency shall be converted to equivalent Indian Rupees by converting the Foreign Currency into Indian Rupees at the Bill selling
6) rate of State Bank of India, New Delhi prevailing on the day of opening of the price bid. In case the rate is not available as on the day of priced bid opening, the latest
available rate prior to the day of priced bid opening, shall be considered.
7) GST shall be paid in Indian rupees only as per the provisions of GST Act/Rules.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS
PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-8B
The GST shall be payable to the Contractor only upon submission of GST invoice in accordance with GST Act, subject to the ceiling mentioned in FORM- 8B. Bidder
5)
while submitting the Invoice shall clearly give the break-up of Creditable / Non-creditable GST, so that OWNER can avail Input credit as per GST Act/Rules.
For evaluation purposes, the foreign currency shall be converted to equivalent Indian Rupees by converting the Foreign Currency into Indian Rupees at the Bill selling
6) rate of State Bank of India, New Delhi prevailing on the day of opening of the price bid. In case the rate is not available as on the day of priced bid opening, the latest
available rate prior to the day of priced bid opening, shall be considered.
7) GST shall be paid in Indian rupees only as per the provisions of GST Act/Rules.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT) AND REFINERY OFF GAS PSA
FORM-SP-9
DETAILS OF CUSTOMS DUTY AND CUSTOMS RELATED DUTIES
GST
Basic Custom
Other Custom Related Compensation Custom
CFR VALUE Duty based
CIF VALUE INCLUDED IN duties included in IGST Cess, if Tariff
INCLUDED IN on Import
LumpsumPrice (included in applicable Considered
included in
LUMPSUM (Other than Lumpsum (included in (Bidder to
DESCRIPTION LUMPSUM the Lumpsum
PRICE IGST) Price) Lumpsum indicate)
PRICE Price
Price)
Amount Amount Amount Amount Amount Amount
IN INR IN INR IN INR IN INR IN INR IN INR
(1) (2) (3) (4) (5) (6) (7) (8)
NOTE :
Under the column 2 CFR values of imports shall be indicated. The CIF value under column 3 shall be based on CFR value indicated in Column 2 plus marine insurance charges. Marine Insurance
1)
charges shall be considered @ 0.15% of the CFR value quoted by the Bidder.
2) The Customs Duty and other custom related duties as indicated above shall be included in the quoted price as per the provisions of the Bidding Document.
In column 6 of the above SP FORM, Bidder to indicate Total IGST Amount (Creditable/Non-creditable to contractor) on Built-in import content. The Lumpsum price quoted shall be inclusive of the
3) impact if any, towards the credit/non-credit applicable to the bidder for the IGST on built-in import content. No IGST and /or any variation thereof on such built-in import content shall be separately
payable by the OWNER.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT
(VGO HDT) AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-10
GUARANTEED VALUES
SL. Remarks
ITEM UNIT Bidder’s Guarantee Figure
NO.
NOTE :
II) The guarantee values as above should be quoted in Priced Bid. Guaranteed values should not be quoted/ mentioned in the Un-priced Bid.
All the guarantees as quoted by bidder in this format shall be used for loading purposes at the time of evaluation of the bid and also shall be
III)
guarantee points for demonstrating the same during PGTR.
IV) Reduction of price shall be applicable if bidder fails to meet the Guarantees as quoted herein.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (i)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR MACHINE MONITORING SYSTEM
PRICE
SL.
DESCRIPTION FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
NO.
COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of MACHINE MONITORING SYSTEM
after 2 years extended warrantee of all types
comprising of deployment of minimum one
1
Supervisor including supply of spare parts and
deployment of extra personnel required for repair or
replacement of the above systems for the following
periods:
a) First year after expiry of defect liability
d) TOTAL PRICES (a + b + c)
NOTE :
EPCC-10 Contractor to provide 2 years extended warrantee of all MACHINE MONITORING SYSTEM after completion of Defect liability period, Comprehensive
1)
post warrantee Annual maintenance(CPWAMC) contract period shall start after completion of 2 years extended warrantee period.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (ii)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR ANALYSERS
PRICE
SL.
DESCRIPTION FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
NO.
COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
TOTAL PRICES (a + b + c)
NOTE :
EPCC-10 Contractor to provide 2 years extended warrantee of all Analysers after completion of Defect liability period, Comprehensive post warrantee Annual
1)
maintenance(CPWAMC) contract period shall start after completion of 2 years extended warrantee period.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (iii)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR VFD
PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of VFD after 2 years extended
warrantee of all types comprising of deployment of
1 minimum one Supervisor including supply of spare
parts and deployment of extra personnel required for
repair or replacement of the above systems for the
following periods:
TOTAL PRICES (a + b + c + d + e)
NOTE :
EPCC-10 Contractor to provide 2 years extended warrantee of all VFD after completion of Defect liability period, Comprehensive post warrantee Annual
1)
maintenance(CPWAMC) contract period shall start after completion of 2 years extended warrantee period.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (iv)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR PLC
PRICE
SL.
DESCRIPTION FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
NO.
COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of PLC after 2 years extended
warrantee of all types comprising of deployment of
1 minimum one Supervisor including supply of spare
parts and deployment of extra personnel required for
repair or replacement of the above systems for the
following periods:
TOTAL PRICES (a + b + c)
NOTE :
EPCC-10 Contractor to provide 2 years extended warrantee of all PLCs after completion of Defect liability period. Comprehensive post warrantee Annual
1)
Maintenance Contract (CPWAMC) period shall start after completion of 2 years extended warrantee period.
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (v)
PRICES FOR POST WARRANTEE COMPREHENSIVEANNUAL MAINTENANCE CONTRACT SERVICES FOR SOFT STARTERS
PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of SOFT STARTERS comprising of
deployment of minimum one Supervisor including
1
supply of spare parts and deployment of extra
personnel required for repair or replacement of the
above systems for the following periods:
TOTAL PRICES (a + b + c + d + e)
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (vi)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR SUBSTATION AUTOMATION SYSTEM (SAS)
PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of complete SUBSTATION
AUTOMATION SYSTEM (SAS)comprising of
1 deployment of minimum one Supervisor including
supply of spare parts and deployment of extra
personnel required for repair or replacement of the
above systems for the following periods:
TOTAL PRICES (a + b + c + d + e)
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (vii)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR UPS
PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
TOTAL PRICES (a + b + c + d + e)
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (viii)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR DC SYSTEM
PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
TOTAL PRICES (a + b + c + d + e)
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (ix)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR THYRISTOR CONTROL PANEL FOR HEATER
PRICE
SL. FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
DESCRIPTION
NO. COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
Comprehensive post warrantee Annual charges for
maintenance of Thyristor control panel for heater of
all types comprising of deployment of minimum one
1 Supervisor including supply of spare parts and
deployment of extra personnel required for repair or
replacement of the above systems for the following
periods:
a) First year after expiry of defect liability
TOTAL PRICES (a + b + c + d + e)
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT (VGO HDT)
AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-11 (x)
PRICES FOR POST WARRANTEE COMPREHENSIVE ANNUAL MAINTENANCE CONTRACT SERVICES FOR CATHODIC PROTECTION SYSTEM
PRICE
SL.
DESCRIPTION FOREIGN CURRENCY INDIAN CURRENCY COMPONENT
NO.
COMPONENT (IN CURRENCY AS (IN INR)
INDICATED IN FORM SP-0)
NOTE :
1) EPCC-10 Contractor to provide CPWAMC of all CATHODIC PROTECTION SYSTEM after completion of Defect liability period,
NAME OF WORK: EPCC-10 PACKAGE FOR VACUUM GAS OIL HYDROTREATING UNIT
(VGO HDT) AND REFINERY OFF GAS PSA
BIDDING DOCUMENT NO.: AKR/ B224-110-PM-T-7210/2006
FORM-SP-12
PREFILLED HEAVY LIFT CRANE RETENTION CHARGE
NOTE :
I) Additional retention charges on per day basis shall be payable only for Erection of Reactor.
III) Mobilization and demobilization already covered in main scope of work, hence no additional mobilization & demobilization charges shall be given.
IV) Additional Retention of Heavy lift crane need approval and certification of retention days from Engineer In-charge for settlement of payment.
V) Bidder to submit signed & stamped copy along with un-priced and priced bid submission.