Tender Doc Energy Audit 10319233018

ST-Electrical, ONGC Ahmedabad Asset
Oil and Natural Gas Corporation Ltd.

Surface Team- Electrical, Ahmedabad Asset
Office of DGM (Electrical)
124 & 127, Avani Bhavan, Chandkheda, Ahmedabad
380 005. Ph.: 079-2326056/6016, TeleFax: 079 - 23296891
Tender No : DY1VC10004
TENDER DOCUMENT
FOR
Energy Audit of 06 ST Installations of ONGC

Ahmedabad Asset
Issued to : M/S ………………………………
1
INDEX
Sr. No. Description Annexure Page No

1 NIT 3-6
2 Instruction to Bidders Annexure-1 7-11
Terms and Conditions of the
3 Annexure-2 12-32
Contract
4 Essential Qualifying Requirements Annexure-3 33
5 Scope of Work Annexure-4 34-36
6 List of equipments at each plant Annexure-5 37-39
7 Price-Bid ( Schedule of Prices) Annexure-6 40
8 Performa for Agreement Annexure-7 41-42
Performa for Bank Guarantee for bid
9 Annexure-8 43-45
bond/ EMD
Performa for Bank Guarantee for
10 Annexure-9 46-48
Security Deposit/ Performance Bond
Performa for certificate to be
11 Annexure-10 49
submitted
Note: This tender document consists of 49 pages including the cover page.
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Surface Team- Electrical, Ahmedabad Asset
Office of DGM (Electrical)
124 & 127, Avani Bhavan, Chandkheda, Ahmedabad
380 005. Ph.: 079-2326056/6016, Tele- Fax: 079 - 23296891
NO.AMD/ST/ELECT/ IV (18)/09-10 Date: 05.03.2010
NOTICE INVITING TENDER
Sealed item rate tenders under single bid system in prescribed form are invited by
DGM(E)-ST on behalf of ONGC for the work “ Energy Audit of 06 ST Installations of
ONGC Ahmedabad Asset” as per details given below –
1. Tender No. : DY1VC10004
2. Estimate Cost : Rs.1, 38,000/-
3. EMD : Rs. 2800/- in the form of crossed “Payee

Account” only Demand Draft/ Cashier’s/ Banker Cheques,
in favour of “F&AO, ONGC Ahmedabad ” from any
Nationalized Bank/Scheduled Bank (Except Co-operative
Banks) valid for 150 days from the last date of prescribed
submission of the bid or bid bond valid for 30 days
beyond the required validity of bid as per Performa at the
Annexure.
Earnest money / bid bond / bid security will not be

necessary for tenders from Central Govt. and Central
PSUs. The firms registered with NSIC will be exempted
from furnishing bid bond / bid security / earnest money
provided they submit evidence that they have a current
and valid registration for the item (s) they intend to
quote.
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4. Tender Fee : Rs. 200/- in the form of crossed “Payee

Account only” IPO/ DD/ Cashier’s Cheques/ Banker’s
Cheques from any Nationalized Bank/ Scheduled (not Co-
operative) Bank, valid for 90 days beyond the date of
closure of the sale of tender document drawn, in favour
of “F&AO, ONGC Ahmedabad ” payable at Ahmedabad.
The firms registered with NSIC will be exempted from

payment of tender fee provided they furnish evidence
that they are registered for the items they intend to
quote against ONGC tenders. The Govt. Depts. Will also
be exempted from the payment of tender fee.
5. a) Tender sale period : 19.03.2010 to 05.04.2010 (14.00 Hrs to

16.00 Hrs)
b) Tender submission Date : 09.04.2010 up to 15:00 Hrs.
c) Tender opening Date : 09.04.2010 at 15:30 Hrs. (if possible)
d) Job completion Time : Three months
6. Place of submission & : Room no 127-A, Avani Bhavan, ONGC

Opening of tender Chandkheda, Ahmedabad-380005
7. Validity of bid : 03 months from the date of submission (

The offers with lesser than the 03 months’
validity will be straightaway ignored).
8. Non-transferable blank tender documents can be obtained from the Office of

DGM (Elect) – ST, 124 & 127, Ist floor, Avani Bhavan, ONGC Ltd., Chandkheda,
Ahmedabad -380005 from 19.03.2009 to 05.04.2009 between 14.00 hrs to 16:00
hrs. on any working days on payment of requisite tender fees ( non-refundable).
Tender document shall be issued to the bidder on submission of application for
tender along with following undertaking on the official letter head of the bidder:
a) “We___________________( Name of agency ) hereby confirm the that

we comply with the Essential Qualification Requirements( EQR)
specified at Annexure-3 of tender document for tender no DY1VC10004
for the work “Energy Audit of 06 ST Installations of ONGC Ahmedabad
Asset”. We also confirm that we shall submit all the relevant supporting
documents for EQR along with bid, failing which our offer may be
treated as summarily rejected.”
b) “We further declare to the effect that neither we___________ ( Name

of the agency ) ourselves, nor any of our allied concerns, partners or
associates or directors or proprietors involved in any capacity , are
currently serving any banning orders issued by ONGC debarring us
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from carrying on business dealings with ONGC. If any stage, it is found

incorrect, our offer may be treated as summarily rejected.”
(Signature of bidder with seal)
9. The Essential Qualification Requirements, in brief, are as follows (Annexure-3 of

tender document):
a) The Bidders must have experience of having successfully completed similar

works of “Energy Auditing ” during last 7 years, ending last day of month
previous to the one in which applications are invited, should be either of the
following :
One similar completed work costing not less than the amounts equal to 80%
of the Estimated Cost, i.e., of Rs 1, 10,400/-
OR
Two similar completed works each costing not less than the amount equal to
50% of the Estimated Cost, i.e., of Rs 69,000/- each
OR
Three similar completed works each costing not less than the amount equal to
40% of the estimated cost, i.e., of Rs 55,200/- each
b) Average annual financial turnover as per Audited Annual Reports for the last
two accounting years, should be at least 30% of the estimated cost (in case
of contract period less than one year) and 30 % of annualized value of the
estimated cost.
c) Bidder must be an accredited energy auditor approved by Government of

Gujarat.
d) The bidder must submit copy of service Tax Registration Certificate.
e) The bidder must submit copy of EPF code no. In the form of certificate/ EPF
Challan issued by EPF authority.
10 The complete tender document is uploaded on Website www.tenders.ongc.co.in.
11 The bidders may also download the tender document from the site (if so
desired), www.tenders.ongc.co.in, within the time specified for sale of the tender
document and use the same for participation in tender. But, bidders downloading
the tender document from the website should ensure to submit tender fee so as
to reach the office of DGM (Elect.)- ST, ONGC, Room No. 124 & 127, Avani
Bhavan, Chandkheda, Ahmedabad - 380005 (Gujarat) before the deadline
specified for tender sale along with confirmation of EQR in the undertaking given
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above, which will be acknowledged by ONGC by issuing Request for Quotation

(RFQ) number specific to the tender and to bidder through Fax /email. If tender
fee and confirmation of EQR conditions in undertaking are not received before
the deadline specified for tender sale, the request of bidder to participate in
tender be will be summarily rejected. (ONGC shall not be responsible for any
postal delay).
12 If last date of receipt of tender and opening of tender happens to be holiday,

next working day will be treated as last date of receipt and opening of tender.
13 Offer sent without having the prescribed bidding document of ONGC and/or
without complying with the terms and conditions of bidding document for
submitting the offer will be ignored straightaway.
14 EMD must be submitted along with tender. The tender without EMD will be
summarily rejected.
15 ONGC reserves the right to reject any or all tenders at its own discretion without
assigning any reason, thereof.
CE (Elect) – ST
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ANNEXURE-1
INSTRUCTIONS TO BIDDERS
1. Tender shall be submitted in the prescribed form in the tender document.
2. The bidder should read carefully the scope of works along with terms and
conditions of the contract before proceeding for submission of the tender.
3. Before considering the submission of tender, the Bidder shall have visited the
Site and have inspected the equipment, parameters and lay out of the
Electrical system pertaining to the work to be executed and also the surrounding
in connection with the execution of the work. He shall make independent
inquiries and obtain complete information and carefully examine the form and
nature of site, local conditions, nature & magnitude of the work, the availability
of the labour, material necessary for the execution of the work, the means of
access, provisions for power and water, transportation of man and materials,
accommodation he may require and all matters and things affecting the
execution of the works including safety and security requirements, entry
passes etc, and be satisfied before making his offer .
4. The Bidders shall bear all costs associated with the preparation and delivery of
their Bid. The Company will, in no case, responsible or liable for those costs
regardless of the conduct or outcome of the tendering.
5. If any bidder withdraws his tender during the validity of the tender or makes
any modifications in the terms and conditions of the tender which are not
acceptable to ONGC, then ONGC shall without prejudice to any other right or
remedy is at liberty to forfeit the said earnest money deposit.
6. Earnest Money Deposit for the amount indicated in NIT in the form of crossed
“Payee Account” only DD/ Bank Guarantee/ Cashier’s/ Banker Cheques, in favour
of “F&AO, ONGC Ahmedabad” from any Nationalized Bank/ Scheduled Bank
(Except Co-operative Banks) valid for 150 days from the last date of prescribed
submission of the bid or bid bond as per Performa at the Annexure must
accompany the tender.
7. Priced bid shall contain only the rates and prices of the respective items. Each
figure quoted should be expressed in figures and words. Any qualifying remarks
or any conditions or deviation specified in the priced bid and also vague and / or
indefinite expressions and with striking/ corrections without proper
endorsement by full signature of the authorized signatory shall also be liable
for rejection. The tenders containing uncalled for works or any addition(s)
with any extraneous matter or not submitted in proper manner or contains too
many corrections/over writings or having absurd rates of items, are liable for
rejection.
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8. The bidder shall quote the rates in figures as well as in words and also
amount tendered by him. The amount on each item should be worked out and
the requisite total be written. The Bidder shall quote for all items his rates/prices
in the priced bid, for complete Scope of Work as per the specifications covered
under this Bidding Document. Bidder’s rates/price shall include all his liabilities
towards Taxes, Duties, and Levies etc. payable by him. Rates/prices shall be firm
during the validity of the bid, agreed extension(s), if any. No escalation,
whatsoever, in rate/price shall be allowed during the validity of the contract.
9. Submission of price bid & its evaluation: The bidder shall submit their bid
comprising of two distinct, sealed envelopes Viz. Envelope “A” & Envelope “B” as
under :
9.1. Envelope “A”: This envelope shall be super scribed as “EMD and
Compliance Declaration: Tender No DY1VC10004”. The envelope shall
contain the following :
9.1.1. Earnest Money Deposit in the prescribed form as stipulated.
9.1.2. A certificate in the following form on bidder’s official letter head

duly signed by him.
CERTIFICATE
WE HEREBY CERTIFY AND CONFIRM THAT:
a) All the terms and conditions of ONGC’s tender document for tender no
DY1VC10004: “Energy Audit of 06 ST Installations of ONGC Ahmedabad
Asset” are acceptable to us and we have not made any deviations from the
same or put forward any additional conditions in our offer.
b) Supporting documents with regard to Essential Qualifying Requirement laid
down in tender documents at Annexure- is duly submitted in Envelope “B”.
Signature of the Tenderer

(Seal)
9.2. Envelope “B”: This envelope shall be super scribed as “Price-bid - Tender
No: DY1VC10004”. The envelope shall contain the following :
a. Original tender document issued by ONGC and signed and stamped by

the bidder in each page.
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b. Price bid, duly filled in, in original format given in the tender document
at Annexure-6.
c. Supporting documents with regard to Essential Qualifying Requirement

laid down in tender documents at Annexure-3.
The envelope “A” & “B” must be placed in a separate envelope “C” with
tender number, date & time of closing the tender and addressed to
DGM(Elect)-Surface Team, 124 & 127, Avani Bhavan, ONGC Chandkheda,
Ahmedabad-380005.
The duly filled tender should reach the office of DGM(E)-ST, 127, Avani
Bhavan, ONGC Chandkheda, Ahmedabad-380005 on or before 09.04.2009 By
1500 hours. Tenders will be opened on the same day, if possible.
Tenders delayed in post or for any other reason will not be entertained.
Note: Non submission of the Certificate or the earnest money shall straight away
lead to rejection of the tender. The Envelope B of such tenderers will not be
opened.
10. The bid along with EMD and all related documents in sealed envelopes as
mentioned above is to be submitted on or before closing time for tender
submission. The bid is to be addressed to Office of DGM (Elect) – ST, ONGC, and
Ahmedabad Asset. Tender no. Name of work, Date of Tender Opening and Name
& Address of bidder should be super scribed on the envelopes.
11. Care should be taken by the bidder to write the rates in figures & words in such a
way that interpolation is ruled out. In the event of discrepancy between the
amount stated in figures and words, the amount quoted in words shall be
deemed to be the correct amount.
12. The bidders are required to sign on each page of the original tender document
and submit it as proof of acceptance of all the terms & conditions.
13. Successful bidder has to enter into agreement as per Annexure-8 with ONGC on
non-judicial stamp-paper of Rs.100/- within 15 days time after issue of LOI,
failing which EMD is liable to be forfeited.
14. If any tenderer deliberately gives wrong information in his tender or creates
circumstances through unlawful means for acceptance of tender, ONGC reserves
right to reject such tender/termination of the contract, after words.
15. Tender document once submitted to ONGC will become property of ONGC and
shall not be returned to the tenderer.
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16. The rates are to be quoted in specified format only as given under head
“Scheduled of Prices” at Annexure-6.
17. The bidders are required to certify in prescribed format (Annexure-) whether
he/they is/are related to any of the Directors of ONGC (in terms of sec.6 of the
companies Act, 1956 as amended from time to time) in any of the ways
mentioned on the certificate. It is clarified that any such affirmative certificate
shall not, by itself, prejudice consideration of the bid. This certificate must
accompany the bid.
18. Unsolicited post-tender modifications by the bidder during the validity of the offer
are not acceptable. This will result in forfeiture of EMD/Bid Bond.
19. ONGC will not be responsible for any costs of expenses incurred by any bidder in
connection with the preparation and delivery of this tender or for any other
expenses incurred in connection with such bidding.
20. If the bidder finds discrepancies, omissions etc. in the tender document or have
any doubts as the meaning or intent of any part thereof, he shall at once inform
to the DGM (E) – ST, ONGC, Ahmedabad so as to facilitate him to send a written
interpretation/clarification or explanation to him/all the bidders.
21. Details of existing system are given in tender document. However, if any bidder
desired to visit site to get more information before submission of tender their
representative may visit site between 1:00 hrs. to 16:00 hrs on working days.
Request for site visit may be sent to DGM (Elect) – ST in advance. Bidder will
have to arrange transport for such visit.
22. The Bids must be firm throughout the period of contract and without any
qualifying conditions such as ‘subject to change without notice’, ‘subject to
minimum acceptance’, ‘subject to prior commitment’ etc. Conditional Bids are
liable to be rejected.
23. Validity: Bids must be unconditionally valid for 90 days from the date of opening
of the Bids.
24. Unsolicited clarification about the offer or any change in prices during its validity
period will lead to outright rejection of the Bid and forfeiture of EMD.
25. ONGC reserves the right to Reject any/ all the Bids without assigning any reason
whatsoever thereof. ONGC also reserves to itself the right to accept any tender in
part or split the order suitably between two or more parties depending upon the
requirement and Criticality of item.
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26. Bidders should submit original tender document, each page duly signed and
stamped, along with their Bid as confirmation of their going through complete
tender document and accepting the terms and conditions.
27. The rates are to be quoted inclusive of all taxes and duties. The Bidder should
ensure while Quoting that the rates cover the cost of any material, labour etc.
required for the completion of the work. ONGC will not entertain any Bill at later
stage for Additional Remuneration towards installation.
28. Quoted prices must be in Indian Currency, and shall remain firm throughout the
period of the contract.
29. Discount: Bidders are advised not to indicate any Separate Discount. Discount,
if any, should be merged with the quoted price. Discount of any type, indicated
separately, will not be taken into account for evaluation purpose. However, in the
event of such an offer, without considering discount, is found to be lowest, ONGC
shall avail such discount at the time of award of contract.
30. The bidder/ contactor is prohibited to offer any service/ benefit of any manner to
any employee of ONGC and that the contactor may suffer summary termination
of contract/ disqualification in case of violation.
31. Telegraphic/ Fax/ Telex/ Photocopy/ E-mail offers will be rejected.
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ANNEXURE-2
TERMS AND CONDITIONS OF THE CONTRACT
(1) Instruction and/or directions issued by the Engineer-in-charge to the

contractor shall be deemed to have been issued by ONGC and the
contractor shall be obligated to carry out these instructions and/or
directions.
(2) CONTRACTOR’S REPRESENTATIVE
The contractor shall designate in writing to ONGC, an individual as its

authorized representative for purpose of this contract who has the
authority to act for the contractor in matters affecting the work. Such
representative shall be available to ONGC easily for receiving instructions.
(3) The work is being carried out in “RESTRICTED AREA” and the Contractor
will have to work as per instructions of Engineer-in-Charge. He should
obtain permission in standard format for every employee working for him
inside the plant premises. These personnel are liable to be physically
checked by competent authority or Engineer-in-Charge at any time.
(4) The personnel to be deputed by the contractor shall observe all security,
fire and safety rules of ONGC. While at the site, ONGC engineers will
supervise his work and contractor has to strictly follow to their
instructions.
(5) Contractor shall provide proper identification cards for his employee to be
deputed by him for work, duly signed by contractor or authorized person
on behalf of contractor. Also the contractor should obtain entry passes
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from CISF/Security through Engineer-in-Charge of ONGC for his

employees.
(6) The personnel deputed by the contractor for the job shall meet following
requirements –
a. Should be medically fit to work at site.

b. Should posses good conduct and discipline.
c. The supervisor deputed by contractor will be minimum Diploma Holder
in Electrical Engineering.
(7) Accident Risk Responsibility for the contractor’s employees will be covered
by the contractor with suitable insurance and indemnity. ONGC will not be
responsible for loss of life of contractor’s crew members, its employees
and of a third party and also for loss of materials etc. compensation on
this account will be borne by contractor.
(8) All existing and amended safety/fire Rules of ONGC are to be followed
within the processing plant of service center.
(9) All mines rules are to be strictly adhered as per DGMS requirement.
(10) All type of transport connected with the work shall be in the scope of
contractor and contractor shall bear all expenses on this account.
(11) ONGC will provide free water, steam, air and electricity at suitable points,
if required, for contract work.
(12) COMPLETION TIME
Time shall be the essence of the Contract and the complete scope of work
shall be completed within 03 (Three) months which shall be reckoned
from the 15th day of issue of the work order.
(13) INSURANCE & DAMAGE TO PROPERTY
Contractor will be responsible for insurance coverage of his personnel and

ONGC will have no liability what so ever on this account. Damage, if any
to roads/buildings/structures, equipments, machinery, property of ONGC
during execution of work will be made good by the contractor. The
contractor shall maintain the equipments of ONGC in good working
condition and he will be the custodian of the ONGC equipments/property.
(14) PERFORMANCE
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a. The contractor undertakes to perform all its services under the contract
with all reasonable skill, diligence, and care in accordance with sound
industrial practice to the satisfaction of ONGC and accept full
responsibility for satisfactory quality of such services.
b. ONGC shall given contractor written notice specifying the cases of its
dissatisfaction to correct the specified deficiency, within 07 days, failing
which ONGC shall have the right to terminate this contract by giving 15
days advance written notice to the contractor unless the specified
deficiency is corrected within such thirty (30) days period and invoking
of performance bond due to failure of contractor in not executing the
contract faithfully.
(15) The governing language for the contract shall be English only.
(16) Rates shall be firm during the period of contract and also incase of
extension.
(17) No mobilization/demobilization charges shall be paid.
(18) Final Bill
Any and all claims not specifically reflected and included in the final bill
shall be deemed to have been waived by the Contractor and ONGC shall
have no liability in respect thereof and the contractor shall not be entitled
to raise or include in the final bill or subsequently at any time, any claims
other than those mentioned in the final bill.
No claim shall, on any account or ground 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
ONGC, arising out of or in connection with the contract or work performed
by the contractor hereunder or in relation thereto and the contractor shall,
notwithstanding any enabling provision in the contract or in any law and
not withstanding any claim in quantum merit that the contractor could
have in respect thereof be deemed to have waived any an all such claims
not included in the final bill and to have absolved and discharge ONGC
from and against the same even if not including the same as aforesaid the
Contractor shall have acted under a mistake of law or fact.
(19) DISCHARGE OF ONGC LIABILITY
The acceptance by the contractor of any amount paid by ONGC to the

contractor in respect of final bill of the contactor upon the condition that
the said payment is being made in full and final settlement of all the dues
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and claims of the contractor, be demand to be in full and final settlement

of all the due and claims of the contractor, be demand to be in full and
final any qualifying remarks, protest or condition imposed or purported to
be imposed by the contractor relative to the acceptance of such payment
with the intent that upon acceptance by the contractor of any payment
made as aforesaid all the dues and claims of the contractor under the
contract as well as the Attribution Clauses herein, shall stand extinguished.
(20) COMPLIANCE OF LABOUR LAWS AND OTHER LABOUR RELATED

MATTERS
The contractor shall at its own cost comply with the provision of labour
laws, rules, orders and notification whether central or state or local as
applicable to him or to this contract from time to time. These Acts/Rules
includes without limitation the following –
a. The Minimum Wages, Act, 1948 & Rules and orders and notifications
issued there under from time to time.
b. The contract Labour (Regulation & Abolition) Act, 1970 Rules orders
and notification made there under from time to time.
c. The Industrial Dispute Act, 1947 and Rules orders & notification issued
there under from time to time.
d. The workmen’s compensation Act, 1923 with Rules, Order &
Notification issued there under from time to time of the Employees
State Insurance Act, 1948, with rules orders whichever is applicable.
e. The payment of Gratuity Act, 1972 with rules order notification issued
f. The Mines Act, 1952 factories Act, 1948 or shops & Commercial
Establishments Act whichever is applicable with Rules Orders &
Notifications issued there under from time to time.
g. The payment of Bonus Act, 1965 with rules order & notification issued
h. The payment of Wages Act, 1936 with Rules, Orders & Notification
issued there under from time to time.
i. The Employees provident fund and miscellaneous provisions, Act, 1952
with rules, orders & notification issued the under from time to time.
j. Interstate migrant workmen (Regulation of Employment & Condition of
services), Act, 1979 & Central Rules framed thereunder.
k. Equal Remuneration Act.
l. All other Acts/Rules/Regulation, bye-laws, order, notification etc.,
present or future applicable to the contractor/society from time to time
for performing the aforesaid jobs.
(21) VERIFICATION OF CHARACTER AND ANTECEDENTS OF

CONTRACTUAL MANPOWER
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In all contracts involving deployment of Contractor’s manpower within

ONGC’s premises like plants, offices, installations, rigs stock yards etc., the
contractor shall submit the following documents to the ONGC prior to start
of work:
a. Undertaking from the Contractor that the character and the

antecedents of the person(s) proposed to be deployed by them is/are
impeccable;
b. Undertaking from the Contractor that they have scrutinized the

previous working of the person(s) proposed to be deployed by them
and there is nothing adverse as regards his/her character and
antecedent.
c. Along with the above mentioned undertaking, the Contractor will

provide certified photocopies of Police verification certificates for
inspection by the authorised representative of ONGC. The contractor
has to obtain Police verification report (signed by an officer equivalent
to DSP rank or higher) from the area where the person(s) to be
deployed has/have been residing since the last five years. In case the
person concerned has not resided at a place for five year at a stretch,
police verification reports should be obtained from that area where the
person has /have stayed earlier.
(22) FORCE MAJEURE:
a. In the event of either party being rendered unable by Force

Majeure to perform any obligation required to be performed by
them under the CONTRACT, the relative obligation of the
party affected by such Force Majeure shall be suspended for the
period during which such cause lasts.
b. The term “Force Majeure" as employed herein shall mean acts of
God, War, Civil Riots, Fire, directly affecting the performance of
the CONTRACT Flood and Acts and Regulations of respective
government of the two parties, namely ONGC and the
CONTRACTOR.
c. Upon the occurrence of such cause and upon its termination,
the party alleging that it has been rendered unable as aforesaid
thereby, shall notify the other party in writing, the beginning of
the cause amounting to Force Majeure and also the ending of
the said cause by giving notice to the other party within 72
hours of the beginning and ending of the cause respectively. If
deliveries are suspended by Force Majeure conditions lasting for
more than 2 (two) months, ONGC shall have the option of
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canceling this CONTRACT in whole or part at his discretion

without any liability at his part.
d. Time for performance of the relative obligation suspended by

Force Majeure shall then stand extended by the period for which
such cause lasts.
(23) LIQUIDATION DAMAGES
a. The time and date of completion shall be the essence of the

contract. If the Contractor fails to complete the contract or any
part thereof within the period fixed for such completion in the
job order or at any time repudiates the contract before the
expiry of such period, ONGC may, without prejudice to any other
right or remedy available to him, recover damages for breach of
contract.
b. Recover from the Contractor liquidated damages, and not by way of
Penalty, a sum equivalent to 1/2% of the work order value for each
Week’s delay or part thereof, beyond the scheduled completion date
subject to a maximum of 10 % of the Total Work Order value for the
purpose of L.D.
C. In case of RC for a period of more than one year, the Liquidated
damages will be levied on one year’s contract period value.
D. ONGC may cancel the contract/ order or a portion thereof, by
serving prior notice of 14 days to the contractor, unless during
these days notice period the contractor initiates remedial
actions acceptable to ONGC and recover L.D. and forfeit
security deposit made by contractor besides getting the work
completed by other means at the cost and risk of the contractor.
E. Notwithstanding anything stated above, works will be deemed
to have been completed only when all its components and parts
are also completed. If certain components of the works are not
completed in time, the works will be considered as delayed until
such time all the balance jobs are completed.
f. In the event of the ONGC, because of circumstances beyond its
control, cannot provide the materials as agreed in the contract,
the Contractor shall only be entitled for extension in time limit
and such extension shall not entitles the Contractor for any
compensation or payment of whatsoever nature.
g. In the event of ONGC because of circumstances beyond its
control, cannot make available/provide the number of
equipment for the execution of the work, it will not be binding on
the ONGC, for the payment of any losses incurred or claimed
whatsoever by the Contractor.
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(24) SECURITY DEPOSIT/ PERFORMANCE BANK GURANTEE/ CONTRACT

SECURITY:-
a. Within two weeks of placement of LOI the successful bidder has
to furnish security deposit of 10% of contract value ONGC in the
form Demand Draft drawn in favour of F&AO, ONGC, Avani
Bhavan, Ahmedabad Asset, Ahmedabad -380005 and payable
at Ahmedabad, or in the form of bank guarantee as per
prescribed format., out of which 5% shall be obtained as
Performance Bank Guarantee and the balance 5% shall be
retained from the running bills on prorate basis @10%.
b. In case the contracts with contract period of more than one
year the performance bank guarantee / Contract security will be
obtained on the basis of one year contract value with validity of
60 days beyond the expiry date of contract.
c. In case firm give Security deposit /Contract security/Performance
Security in the form of Bank Guarantee, the Bank Guarantee shall
be given by any of the Nationalized Bank or Scheduled Bank or
State Bank of India and its wholly owned subsidiaries.
d. If the contractor / sub contractor or their employees shall break,
deface or destroy the property belonging to the ONGC or other
during the execution of the contract, the same shall be made
good by the contractor at his own expenses and in default
thereof, the engineer-in-charge may cause the same to be
made good by other agencies and recover expenses from the
contractor (for which the certificate of engineer-in-charge shall
be final).
e. All compensation or other sums of money payable by the
contractor to ONGC or recoveries to be made under terms of
this contractor may be deducted from his security deposit or
from any sums which may be due or may become due to the
contractor on any account whatsoever.
f. No interest shall be payable by ONGC for the sum deposited as
security deposit.
g. The security deposit shall be refunded after the expiry of the
period of liability as stipulated in the contract and the work is
over to the full satisfaction of Engineer-in-charge as per
specifications.
(25) FORFEITURE OF SECURITY DEPOSIT/ BANK GUARANTEE: -
The ONGC shall have an unqualified option to claim the amount

including liquidated damages from the Security deposit or
Performance Guarantee in the event of contractor failing to honour
any of the commitments enter into under the Agreement and/or in
respect of any amount due to the ONGC from the Contractor. In
case, the ONGC is obliged to make any recoveries on any account
18
under the contract from the security deposit of the contractor, the
contractor shall be obliged to make good of the security deposit
amount within a period of 10 days after the receipt of information in
this regard, failing which the contractor has to pay 20% per annum
interest for the period of delay in making the good of security
deposit.
(26) ARBITRATION CLAUSE
ARBITRATION (Applicable in case of supply orders/ Contracts with firms,

other than Public Sector Enterprises)
a. Except as otherwise provided elsewhere in the contract, if any
dispute, difference, question or disagreement arises between
the parties hereto or their respective representatives or
assignees, in connection with construction, meaning, operation,
effect, interpretation of the contract or breach thereof which
parties are unable to settle mutually, the same shall be referred
to Arbitration as provided hereunder:
b. A party wishing to commence arbitration proceeding shall
invoke Arbitration Clause by giving 60 days notice to the other
party. The notice invoking arbitration shall specify all the points of
disputes with details of the amount claimed to be referred to
arbitration at the time of invocation of arbitration and not
thereafter. If the claim is in foreign currency, the claimant shall
indicate its value in Indian Rupee for the purpose of constitution
of the arbitral tribunal.
c. The number of the arbitrators and the appointing authority will

be as under:
Claim amount Number Appointing authority
(excluding of
claim for interest arbitrator
and counter
claim, if any)
Upto Rs. 5 crore Sole ONGC
Arbitrator
Above Rs. 5 3 One arbitrator by each party
crore Arbitrator and the 3rd arbitrator, who shall
s be the presiding arbitrator, by
the two arbitrators.
19
d. The parties agree that they shall appoint only those persons as
arbitrators who accept the conditions of this arbitration clause.
No person shall be appointed as arbitrator or presiding arbitrator
who does not accept the conditions of this arbitration clause.
e. Parties agree that there will be no objection if the Arbitrator
appointed holds equity shares of ONGC and/or is a retired
officer of ONGC / any PSU. However, neither party shall appoint
its serving employee as arbitrator.
f. If any of the Arbitrators so appointed dies, resigns, becomes
incapacitated or withdraws for any reason from the
proceedings, it shall be lawful for the concerned party/
arbitrators to appoint another person in his place in the same
manner as aforesaid. Such person shall proceed with the
reference from the stage where his predecessor had left if both
parties consent for the same; otherwise, he shall proceed de
novo.
g. Parties agree that neither party shall be entitled for any pre-
reference or pendente-lite interest on its claims. Parties agree
that any claim for such interest made by any party shall be void.
h. The arbitral tribunal shall make and publish the award within time
stipulated as under:
Amount of Claims and Period for making and publishing
Counter Claims of the award (counted from the
(excluding interest) date of first meeting of the
arbitrators):
Upto Rs. 5 Crore Within 8 months
Above Rs. 5 Crore Within 12 months
i. The above time limit can be extended by the arbitrator, for
reasons to be recorded in writing, with the consent of the parties.
j. Arbitrators shall be paid fees at the following rates:

Amount of Claims Lump sum fees (including fees for study of
and pleadings, case material, writing of the
Counter Claims award, secretarial charges etc.) payable to
(excluding interest) each arbitrator (to be shared equally by
the parties)
Upto Rs 50 lac Rs. 7,500.00 per meeting subject to a ceiling
of Rs. 75,000.00
Above Rs 50 lac to Rs. 90,000.00 plus Rs. 1,200.00 per lac or a
Rs 1 crore part thereof subject to a ceiling of Rs.
1,50,000.00
Above Rs. 1 Crore Rs. 1,50,000.00 plus Rs. 22,500.00 per crore or
and a part there of subject to a ceiling of Rs.
upto Rs. 5 Crores 2,40,000.00
20
Above Rs. 5 Crores Rs. 2,40,000.00 plus Rs. 15,000.00 per crore or
and upto Rs. 10 a part there of subject to a ceiling of Rs.
Crores. 3,15,000.00
Above Rs. 10 Crores Rs. 3,15,000.00 plus Rs. 12,000.00 per crore or
part thereof subject to a ceiling of Rs.
10,00,000.00
k. For the disputes above Rs 50 lacs, the Arbitrators shall be entitled
to an additional amount @ 20% of the fee payable as per the
above fee structure.
l. If after commencement of the Arbitration proceedings, the
parties agree to settle the dispute mutually or refer the dispute to
conciliation, the arbitrators shall put the proceedings in
abeyance until such period as requested by the parties. Where
the proceedings are put in abeyance or terminated on account
of mutual settlement of dispute by the parties, the fees payable
to the arbitrators shall be determined as under:
i) 25 % of the fees if the claimant has not submitted
statement of claim.
ii) 50 % of the fees if the award is pending
m. Each party shall pay its share of arbitrator's fees in stages as
under:
i) 25% of the fees on filing of reply to the statement of claims.
ii) 25% of the fees on completion of evidence.
iii) Balance 50% at the time when award is given to the
parties.
n. Each party shall be responsible to make arrangements for the
travel and stay etc of the arbitrator appointed by it. Claimant
shall also be responsible for making arrangements for travel I stay
arrangements for the Presiding Arbitrator and the expenses
incurred shall be shared equally by the parties.
o. In case of sole arbitrator, ONGC shall make all necessary
arrangements for his travel stay and the expenses incurred shall
be shared equally by the parties.
p. The Arbitration shall be held at the place from where the
contract has been awarded. However, parties to the contract
can agree for a different place for the convenience of all
concerned.
q. The Arbitrator(s) shall give reasoned and speaking award and it
shall be final and binding on the parties.
(27) (APPLICABLE IN CASE OF CONTRACT ON PUBLIC SECTOR ENTERPRISES)
In the event of any dispute or difference relating to, arising from or

connected with the CONTRACT, such dispute or difference shall be
referred by either party to the arbitration of one of the Arbitrators in the
Department of Public Enterprises, to be nominated by the Secretary to
21
the Government of India, In-charge of the Bureau of Public Enterprises.

The Arbitration and Conciliation Act 1996 shall not be applicable to the
Arbitration under this clause. The award of the Arbitrator shall be
binding upon the parties to the dispute, provided, however; any party
aggrieved by such award may make a further reference for setting
aside or revision of the award to the Law Secretary, Department of
Legal Affairs, Ministry of Law and Justice, Government of India. Upon
such reference, the dispute shall be decided by the Law Secretary or
the Special Secretary / Additional Secretary, when so authorised by
Law Secretary, whose decision shall bind the parties finally and
conclusively. The parties in the dispute will share equally the cost of the
arbitration as intimated by the Arbitrator.
(28) JURISDICTION AND APPLICABLE LAW:-

This Agreement including all matter connected with this Agreement,
shall be governed by the laws of India (both substantive and
procedural) for the time being in force and shall be subject to exclusive
jurisdiction of the Indian Courts at Ahmedabad. Foreign companies,
operating in India or entering into Joint ventures in India, shall have to
obey the law of the Land and there shall be no compromise or excuse
for the ignorance of the Indian legal system in any way.
(29) WARRANTY
a. The contractor agrees to ensure that all materials, equipment and

components used in execution of the works under this contract, shall
be new and unused (not Reconditioned) and of recent manufacture
which shall is no case be of a date of manufacture older than one year
from the date of shipment to the site as the case may be. However,
structural steel shall in no case be of a date of manufacture older than
two (02() year fro the date of shipment to the yard/site as the case
may be. The contractor shall warrant that every work executed under
this contract shall be free from all defects and faults in design and
engineering, materials, workmanship and handling etc. and shall be
consistent with established and accepted standards for materials and
workmanship of the type ordered and in full conformity with the
design, drawings, specification or sample, if any, and shall if operable,
operate as per design, drawings, specifications and samples if any, and
other stipulated conditions in accordance with the contract. This
warranty shall survive inspection of, payment for an acceptance of the
plant, machinery and equipment and shall be valid for a period of 12
months from the date of issue of certificate of completion and
acceptance. The warranty/guarantee for a punch list item will start
from the date of completion of that punch list item.
22
b. If ONGC desired to takeover at its sole discretion any part of the work
and accordingly contractor handovers a part of the work, then
warranty/guarantee for that part of the work shall be kept valid up to
12 months from the date of issue of part certificate of completion and
acceptance of the respective part(s) of the works taken over by ONGC.
c. In case the commissioning is delayed due to the reasons solely

attributable to the ONGC, whereas the plant has been completed and
made ready for commissioning by the contractor, such
warranty/guarantee shall be valid for a period of 18 (eighteen) months
reckoned from the date of plant made ready for commissioning or 12
(twelve) months from the date of issue of certificate of completion and
acceptance whichever is earlier.
d. If during the aforesaid period, the said plant machinery and equipment
be discovered not to conform to the description and quality aforesaid
or have deteriorated otherwise than by fair wear and tear, the
contractor shall upon notification by the ONGC promptly and at its own
cost repair/replace or otherwise make good such defects as well as any
damage to the works caused by such defects. If the contractor fails to
replace/repair such defective plant, machinery, equipment within a
reasonable time depending upon exigency of the situation, the ONGC
will be entitled to deploy other agencies to carry out the same an dif
such work which in the opinion of the ONGC’s representative was the
liability of the contractor to do at his own expenses under the contract,
then all expenses consequent thereon or incidental thereto and also
damage sustained on account of such defective material by any other
associated or allied plant, equipment and structures and other facilities
forming part of the works shall be recoverable from the contractor.
e. The contractor agrees to make payment against such claim within 30

days of receipt thereof. If the contractor fails to pay the amount to the
ONGC within 30 days from the receipt of the invoice then amount may
be deducted by the ONGC from any money, which is due or may
become due to the contractor including ONGC’s right to en-cash the
performance guarantee furnished by the contractor in accordance with
provisions of Clause.
f. The period of Guarantee for any part of the works shall be as specified
above. If the works or any part thereof cannot be used by reasons of
such defect/damage and or making good of such defect and or
damage the warranty period of the works or such part thereof as the
case may be shall be extended by a period equal to the period during
which the works or such part thereof cannot be used by the ONGC due
to any of the aforesaid reasons. The contractor shall arrange for the
23
performance guarantee to remain valid until the expiration of the

extended warranty period with respect to such part of the works.
g. To the intent that during the period of guarantee the works shall
remain in as good condition (fair wear and tear expected) as they were
at the beginning of the period of guarantee. The contractor shall do all
repair, amendment, reconstruction rectification and making good of
defects, imperfections, shrinkages and settlements, including where
necessary the repair or, if repair proves impossible, the replacement of
any part or complete Machinery/equipment, which the ONGC requires
of the contractor in writing during the guarantee period or within
fourteen days after the expiration of the period of guarantee as a
result of any inspection made during the period of the guarantee.
h. The contractor shall ensure that all guarantee or warranties issued by
manufacturers of plant, machinery, equipment supplied by contractor
and covering the performance of the said material and equipment
supplied by them be issued in the joint name of the contractor and the
ONGC such that the ONGC enjoys the same benefits and protection
provided by any such guarantee or warehouse as does the contractor.
The issuance or existence of any such guarantee or warranties shall
however is no way relieve the contractor of his obligations under the
contract in particular with reference to the provisions of this section.
i. The contractor shall be and remain responsible during the period of

guarantee for making good with all possible speed any defected arising
from contractor’s defective design and engineering (other than a
design made, furnished or specified by the ONGC) of the aforesaid
equipment which may develop under the conditions provided for in the
contract and under proper use in the works or any portion thereof.
j. The contractor shall carry out all the works and supply and install all
replacement materials and equipment pursuant to this section at no
additional cost to the ONGC including the cost of timely transport of
materials and equipment to site of the need for the work is due to poor
workmanship or faulty materials, plant equipment or process supplied
by the contractor or due to the use of materials or equipments not in
accordance with the contract or specification or due to neglect or
failure of the contractors to comply with any obligations.
k. In case of Spare parts supplied under the contract the contractor shall
be fully responsible during the warranty period for the correctness of
the parts and their proper fitment to the machine for which the same
are ordered. The contractor shall replace such parts which may require
replacement under the manufacturer’s warranty clause free of cost to
the ONGC within the shortest possible time. The contractor shall also
guarantee that the vendor OEM will supply spare parts and when
24
required for period of 10 (ten) years from the date of issuance of

certificate of completion and acceptance of the work. Further it is also
clarified that contractor shall obtain joint guarantee in this regard in
the name of both ONGC and contractor from the original equipment
manufacturers while purchasing the equipments, and this guarantee
shall be passed on to the ONGC. The agreed basis would be –
i) Any agreed discount on the published price may be passed on

to the ONGC.
ii) Before going out of production for spare parts. Vendor

should give adequate advance notice to the ONGC so that the
ONGC may decide on procurement of the balance of the life
time requirement of spares.
iii) Vendor will make available manufacturing drawings f the

spares if required in connection with the manufacture of the
spares for the main equipment.
l. During the guarantee period if the contractor is requested by the

ONGC to visit the site for checking and carrying out remedial work of
facilities and equipment, al expenses to wards personnel, traveling to
and from the site living and accommodation etc., while in India for
remedial works shall be borne by the contractor unless such defects
are caused by the ONGC its agents or other contractors.
m. No warranty other than what is mentioned above expressed or implied
is made by contractor and all such warranties are hereby specifically
excluded. ONGC specifically waives any right to assert such claims for
any other warranties not provided for in this section 6 irrespective of
the basis for such claims.
(30) TERMINATION
A. TERMINATION ON EXPIRY OF THE CONTRACT:
This Agreement shall be deemed to have been automatically
terminated on the expiry of the CONTRACT period unless the ONGC
has exercised its option to extend this CONTRACT in accordance
with the provisions, if any, of this CONTRACT.
B. TERMINATION ON ACCOUNT OF FORCE MAJEURE:
Either party shall have the right to terminate this CONTRACT on
account of Force Majeure, as set forth in Clause 25.
C. TERMINATION ON ACCOUNT OF INSOLVENCY:

In the event the CONTRACTOR or its collaborator at any time during
the term of this Agreement becomes insolvent or makes a voluntary
assignment of its assets for the benefit of creditors or is adjudged
bankrupt, then the ONGC shall, by a notice in Writing have the right
25
to terminate this CONTRACT and all the CONTRACTOR’s rights and

privileges hereunder, shall stand terminated forthwith.
D. TERMINATION FOR UNSATISFACTORY PERFORMANCE:

If the ONGC considers that the performance of the CONTRACTOR is
unsatisfactory or, not upto the expected standard, the ONGC shall
notify the CONTRACTOR in writing and specify in detail the cause of
such dissatisfaction. The ONGC shall have the option to terminate
this Agreement by giving 10 days notice in writing to the
CONTRACTOR, if, CONTRACTOR fails to comply with the requisitions
contained in the said written notice issued by the ONGC.
e. TERMINATION FOR DELAY IN MOBILISATION:

Successful bidder shall be required to mobilise complete equipment
alongwith crew (only manpower/ crew in case of repair and
Maintenance Contracts) for commencement of services at the
specified site within a maximum of 15 days from the date of Fax
order/ LOI/ NOA. If the CONTRACTOR (successful bidder) fails to
mobilise as above, ONGC shall have, without prejudice to any other
clause of the contract, the right to terminate the contract.
(31) CONSEQUENCES OF TERMINATION:

a. In all cases of termination herein set forth, the obligation of the
ONGC to pay shall be limited to the period upto the date of
termination. Notwithstanding the termination of this Agreement,
the parties shall continue to be bound by the provisions of this
Agreement that reasonably require some action or
forbearance after such termination.
b. In case of termination of CONTRACT herein set forth except
under clause 19.1 and clause 19.2, the CONTRACTOR shall be
put on holiday [i.e. neither any enquiry will be issued to the party
by ONGC against any type of tender nor their offer will be
considered by CORPORATION against any ongoing tender(s)
where contract between CORPORATION and that particular
CONTRACTOR (as a bidder) has not been finalized] for two years
from the date of termination by CORPORATION to such
CONTRACTOR.
(32) SUBLETTING AND ASSIGNMENT
a. ASSIGNMENT BY CONTRACTOR
26
The contractor agrees not to sublet or assign this contract or interest or

any part thereof without first obtaining the written consent of ONGC. Such
consent, if any, shall not absolve the contractor of any of his liabilities
whatsoever. In case of violation, ONGC may at its sole discretion,
terminate the contract.
b. ASSIGNMENT BY ONGC
ONGC shall have the right at any time to assign all or any part of its rights
hereunder, to an affiliated company or a third party provided that ONGC
shall remain fully liable and responsible to contractor to complete
performance of all its obligations imposed by this contract.
(33) INSURANCE: -
a. CONTRACTOR shall, at his own expense, arrange appropriate
insurance to cover all risks assumed by the CONTRACTOR under
this CONTRACT in respect of its personnel deputed under this
CONTRACT as well as CONTRACTOR’s equipment, tools and any
other belongings of the CONTRACTOR or their personnel during
the entire period of their engagement in connection with this
CONTRACT. ONGC will have no liability on this account.
b. However, CONTRACTOR shall not be required to take insurance
cover for their equipment, tools when these are in the custody of
ONGC.
c. Waiver of subrogation: All insurance policies of the CONTRACTOR
with respect to the operations conducted hereunder as set forth
in clause 12 hereof, shall be endorsed by the underwriter in
accordance with the following policy wording:-
“The insurers hereby waive their rights of subrogation against
any individual, CORPORATION, affiliates or assignees for
whom or with whom the assured may be operating to the
extent of the Contractual indemnities undertaken by the
CONTRACTOR”.
d. Certificate of Insurance: Before commencing performance of
the CONTRACT, CONTRACTOR shall upon request furnish
CORPORATION with certificates of insurance indicating (1) kinds
and amounts of insurance as required herein (2) insurance
CORPORATION or companies carrying the aforesaid coverage
(3) effective and expiry dates of policies (4) that CORPORATION
shall be given thirty (30) days written advance notice of any
material change in the policy (5) waiver of subrogation
endorsement has been attached to all policies and (6) the
territorial limits of all policies. If any of the above policy expire or/
are cancelled during the term of this CONTRACT and
CONTRACTOR fails for any reason to renew such policies, then
CORPORATION may replace it and charge the cost thereof to
CONTRACTOR. Should there be lapse in any insurance required
27
to be carried out by CONTRACTOR hereunder for any reason,

losses resulting there from shall be to the sole account of the
CONTRACTOR. Such insurance shall be affected within Insurance
Company incorporated and registered in India or jointly with
Company of International repute and an Insurance Company
incorporated and registered in India.
e. Deductible: - That portion of any loss not covered by insurance
provided for in this article. Solely by reason of deductible
provision in such insurance policies shall be to the account of the
CONTRACTOR.
f. CONTRACTOR shall require all of its SUB-Contractors to provide
such of the foregoing insurance cover as the CONTRACTOR is
obligated to provide under this CONTRACT.
g. Accident or injury to workman: The ONGC shall not be liable for
or in respect of any damage or compensation payable at law in
respect or in consequence of any accident or injury to any
workman or other person in the employment of the contractor or
any sub contractor save and except an accident or injury
resulting from any act or the default of the ONGC, his agents or
servants and the contractor shall indemnify and keep
indemnified the ONGC against all such damages and
compensation (save except as aforesaid) and against all claims,
demands, proceedings, costs, charges, and expenses what so
ever in respect or in relation thereto.
h. Transit insurance: In respect of all items to be transported by the
contractor to the site of work, the cost of transit insurance should
be borne by the contractor and the quoted price shall be
inclusive of this cost.
(34) INNDEMNITY AGREEMENTS

a. INDEMNITY BY CONTRACTOR:
Unless otherwise specified elsewhere in this CONTRACT,
CONTRACTOR shall indemnify and keep indemnified
CORPORATION, its CONTRACTORs (other than the CONTRACTOR)
and/or sub-CONTRACTORs and its/their employees from all
actions, proceedings, suits, claims, demands, liabilities, damages,
losses, costs, charges, expenses(including without limitation,
wreck or debris, removal costs, where wreck or debris removal is
ordered by a competent authority) judgements and fines arising
out of or in the course of or caused by the execution of work
under the CONTRACT or other obligations hereunder directly or
indirectly associated herewith and or arising from :
i) Personal injury, illness or death of:
• any of CONTRACTOR’s or sub CONTRACTOR’s
personnel (even if caused by or contributed to by
the negligence or fault of CORPORATION); and
28
• any other person to the extent the injury, illness or

death is caused by the negligence or fault of the
CONTRACTOR or CONTRACTOR’s personnel or sub
CONTRACTORs or sub CONTRACTOR’s personnel
and
ii) Loss or damage to:
Any property owned, hired or supplied by Contractor or
Contractor’s personnel or subcontractors or
subcontractor’s personnel including Constructional
Plant (even if caused by, or contributed to by, the
negligence or fault of CORPORATION); or
any other property to the extent the loss or damage is
caused by the negligence or fault of the Contractor or
Contractor’s personnel or subcontractors or
subcontractor’s personnel.
(35) INDEMNITY BY CORPORATION:

a. Unless otherwise specified elsewhere in this CONTRACT,
CORPORATION shall indemnify and keep indemnified
CONTRACTOR (which expression in this clause includes, unless
the context otherwise requires. Sub-CONTRACTORs of any tier
and their employees) from all actions, proceedings, suits, claims,
demands, liabilities, damages, losses, costs, charges, expenses
and fines arising from:
i) Personal injury, illness or death of Any employee of the
CORPORATION (even if caused by or contributed to by
the negligence or fault of Contractor);
ii) any other person to the extent that the injury, illness
or death is caused by the negligence or fault of
CORPORATION; and
b. Any loss or damage to:
i) Any property owned, hired or supplied by CORPORATION
(even if caused by or contributed to by the negligence or
fault of Contractor); except to the extent that such
property is in the care or custody of Contractor in
connection with the work under the Contract.
ii) any loss or damage to any other property to the
extent the loss or damage is caused by the negligence or
fault of CORPORATION
(36) PRICE SCHEDULE AND PAYMENT TERMS & CONDITIONS
a. The bidder should quote the rate in specified format only as given
under Schedule of Prices at Annexure in this tender.
29
b. The rates quoted shall be inclusive of all Taxes, Duties, Levies, Fees
etc. ONGC shall not pay anything extra over and above the quoted
rates.
c. Rates quoted shall be firm during the entire duration of the contract
including extension period, if any.
d. No advance payment and mobilization/demobilization charges at any

stage and at any time will be made to the contractor.
e. In case of any damage to ONGC’s property during the work by

contractor or his employees, deduction will be made from the total
claims according to the evaluated cost of damaged article. Evaluation
of damage will be at the sole discretion of ONGC and the decision of
ONGC shall be binding on the contractor.
f. The contractor shall submit invoices along with four copies, with all
required supporting documents and details of the said work to the
Engineer-in-charge for certification of said invoice, for approval of the
amount payable and payment thereafter.
g. Such certification of the work completed shall be done by Engineer-in-

charge within 15 days of receipt of contractor’s application for
certification with all required supporting documents. Within 15 working
days of the receipt of invoice , the undisputed amount of each invoice
so approved/ certified, will be released for payment and remittance to
the contractor.
h. In the event of any dispute in a portion or whole of any invoice, ONGC

shall make payment of undisputed portion. In the event of ONGC
objecting to any portion of work covered by said invoice, such
objection shall be communicated to the contractor within 10 (Ten)
working days from the date of receipt of certified invoice by ONGC.
The contractor shall have the right to claim the payment of such
amounts objected by ONGC in subsequent invoice after removal of
cause of such objection.
i. Payment Terms : Interim Payment as secured advance for an

amount not exceeding 75% of the value ( material element cost
in the tendered rate) of the material received at ONGC site in good
condition can be released to the contractor, only once, as secured
advance against submission of indemnity bond for the relevant
amount and insurance. Payment of such advance shall be made only
when :
30
a. The quantities of materials up to which advances

are made have actually been brought to site.
b. Full quantities of the materials, for which advance
is to be made, are required by the contractor for
use on items of work for which rates for finished
work have been agreed upon.
c. The quality of material is as per desired
specifications.
The remaining amount shall be paid to the contractor after successful

completion of erection, testing and commissioning in all respect.
j. All the payments by ONGC shall be remitted to the Contractor’s bank

account to be specified by the contractor in writing to ONGC before
submission of the first invoice.
k. In the event of ONGC noticing at any time that any amount has been
disbursed wrongly to the Contractor or any other amount is due from
the Contractor to ONGC, ONGC without prejudice to its rights recover
such amounts by other means after notifying the contractor or deduct
such amount from any payment falling due to the contractor. Details of
such recovery, if any, will be intimated to the Contractor. The
contractor shall receive payment of undisputed amount under
subsequent invoice for any amount that has been omitted in previous
invoice by mistake on the part of ONGC or the contractor.
l. Deduction of taxes/ duties shall be made as per applicable laws.
(37) NON LIABILITY OF THE GOVT. OF INDIA
It is expressly understood and agreed by and between the contractor and

ONGC that ONGC is entering into his contract solely on its own behalf and
not on behalf of any other person of entity. In particular, it is expressly
understood and agreed that the Government of India is not a party to this
contract and has no liabilities/obligations or rights hereunder. It is
expressly understood and agreed that ONGC is an independent legal entity
with power and authority to enter into contracts solely on its own behalf
under the applicable laws of India and general principals of contract law,
the contractor expressly agrees, acknowledges and understand that ONGC
is not and agent/representative or delegate of the Government of India. It
is further understood and agreed that Government of India is not and shall
not be liable for any acts commissions, breaches or other wrongs arising
out of the contract. Accordingly contractor hereby expressly waives,
releases and for goes any and or actions or claims including cross claims,
Impleader claims or counter claims against the Government of India as to
31
any manner, claims cause of action or thing whatsoever arising out of or

under this contract.
(38) SET OFF CLAUSE

Any sum of money due and payable to the contractor (including the
security deposit returnable to him under this contract)may be
appropriated by ONGC or government or any other person contracting
through the ONGC or government for payment of a sum of money
arising out of any claim against this contract.
(39) PURCHASE PREFERENCE TO CENTRAL PSUS
ONGC reserves the right to allow to the Central PSUs, Purchase Preference
facilities as admissible under the existing policy, the parameters of which
are defined in Office Memorandum No. DPE/13(1)/2002-Fin dated
14/6/2002 (as amended from time to time) issued by DPE, under the
Ministry of Heavy Industries and Public Enterprises.
(40) SPECIFIC TERMS OF THE CONTRACT
a. This contract shall be deemed to have come into force with effect form
1st day of the date of LOI.
b. Duration of the contract. The duration of the contract shall be 03

months which shall be reckoned from the 15th day of issue of work-
order.
c. ONGC will give access to work site to the contractor any time after the
issue of LOI. The contractor may plan his activities accordingly.
d. The contractor will provide cotton/woolen uniform and necessary

personnel protective equipment as per the safety practice of the
relevant area i.e. different kits and liveries like overalls, Helmets,
safety, Shoes, Raincoats, hand gloves etc. to his workmen/employees.
Consumables such as cotton waste etc. shall also be provided by
contractor.
e. ONGC will provide free utilities at available points for justified work.
Utilities shall mean water, air, steam and electricity.
f. The contractor has to follow the instructions of Engineer-in-charge

strictly and co-operate & co-ordinate with engineer-in-charge
32
for execution of work in case of emergencies, instruction of

Engineer-in-charge/his representative are to be complied with.
g. All safety/fire rules of ONGC, Ahmedabad Asset are to be strictly

followed by the employees/worker of the contractor. If any of
the worker/employees of the contractor is found violating any of the
rules he will be removed immediately form the work-site and strict
action shall be taken against the contractor.
h. All the photo gate passes issued to the contractor’s workers/ site
supervisors have to be surrendered essentially after completion of the
work.
i. Whenever any photo gate pass is lost, the contractor or the

contractor’s employees concerned should lodge a police complaint
immediately stating actual facts in the complaint.
j. If the contractor withdraws any of their employees deployed at the site

of ONGC during execution of the job, it is advised to surrender the
photo gate pass immediately to In-charge Security Pass Section, ONGC
Ahmedabad and submit the proof of cancellation of the said gate pass
to the Engineer-in-charge. Any outstanding photo gate pass against
the contractor will lead to non-clearance of their final bill after
completion of work.
33
ANNEXURE-3
ESSENTIAL QUALIFICATION REQUIREMENT (EQR)
The Essential Qualification Requirements are as follows:
a) The Bidders must have experience of having successfully completed similar

works of “Energy Auditing ” during last 7 years, ending last day of month
previous to the one in which applications are invited, should be either of the
following :
One similar completed work costing not less than the amounts equal to 80%
of the Estimated Cost, i.e., of Rs 1, 10,400/-
OR
Two similar completed works each costing not less than the amount equal to
50% of the Estimated Cost, i.e., of Rs 69,000/- each
OR
Three similar completed works each costing not less than the amount equal to
40% of the estimated cost, i.e., of Rs 55,200/- each
Note: Bidder shall submit copies of documentary evidence in support of their

experience like work orders/ LOI along with detailed scope of work &
completion certificate of works successfully completed.
b) Average annual financial turnover as per Audited Annual Reports for the last
two accounting years, should be at least 30% of the estimated cost (in case
34
of contract period less than one year) and 30 % of annualized value of the
estimated cost. The bidder shall submit notarized copy of audited annual
reports.
c) Bidder must be an accredited energy auditor approved by Government of

Gujarat and should submit the necessary approval/ authorization/ certificate.
d) The bidder must submit copy of service Tax Registration Certificate.
e) The bidder must submit copy of EPF code no. In the form of certificate/ EPF
Challan issued by EPF authority.
Note: All the documents submitted in support of EQR should be duly notarized /
attested by notary.
35
ANNEXURE-4
SCOPE OF WORK
1. General
1.1. This Energy Audit is a statutory Audit and it is to be carried out in following 06
installations of ONGC Ahmedabad Asset.
Sl No Area Name of Installation Contract Demand (KVA)
1 Area - I CTF Kalol 3800 KVA
2 Area -II GGS 2 Nawagam 250 KVA
3 Area- II GGS Nandej 275 KVA
4 Area -III GGS 1 Jhalora 750 KVA
5 Area- III GGS Viraj 550 KVA
6 Area- III GCP Sanand 1000 KVA
1.2. The broad objective of Energy Audit is to identify the technical feasibility to
energy saving opportunities which are economically viable and practically feasible
to implement in the system.
1.3. The installations where Energy Audit is to be carried out are located at a distance
of approx 40 KM radius around Ahmedabad.
1.4. The work shall be carried out in accordance with the prevailing guidelines given
by central / state Govt. Authorities.
2. Broad scope of work
2.1. To update the single line diagram and equipment list with details. (Tentative list
of equipments given below ).
2.2. Performance evaluation of electrical distribution networks, major utilities and
process equipment as follows :
a) System, THD & Measurements all major electrical parameters viz voltage,
power factor current, KW, frequency etc. Check loads susceptible to
generation of harmonics. Check system unbalance with
respect to voltage and current. Measurements of harmonic
distortion & displacement and power factor at various points
viz PCC, MCC load centre etc and analysis of the same for
optimizing the network losses
b) Transformer Performance evaluation through simultaneous measurements

of major electrical parameters on HT & LT side (24Hrs load
profile study), load curves and load factors, possibility of
staggering/ diversification of loads and rationalization of
Transformers if needed
c) Motors Performance evaluation of major motors through

measurements of major parameters to ascertain actual load
36
and efficiency, possibility of rationalization and optimization of

size/rating.
d) Pumps and blowers Measurement of Head/pressure, flow etc of pumps and
blowers. Determine pump/blower efficiencies based on
measured parameters & critical study of piping /ducting,
valve/damper pressure losses, system layout etc.
e) Compressor Determination of compressor capacities, specific power
consumption (KWH/CFM), leakage detection and
quantification, pressure losses in auxiliary equipments/ piping,
identify areas of wasteful use.
f) Refrigeration & air Determination of refrigeration system cooling capacity through
conditioning systems measured operational parameters viz flow inlet/ outlet
and Cooling tower temperatures of cooling media, specific power consumption
(KW/TR) review temperature maintained. Critical examination
of coils, filters, AHUs ducts etc. Evaluation of cooling
performance by measurement of cooling water flow,
inlet/outlet temperatures and ambient air DBT/WBT air flow,
power consumed etc. Co-relation of cooling tower
performance with due consideration of cooling water system
as a whole
g) Heaters & Furnaces Determination of specific power consumption (KWH/TON)
based on measurements work out heat balance to identify
major factors contributing to energy loss. Explore possibility of
alternate mode of heating.
h) Capacitor banks Review the performance of the PF correction capacitor banks,

measure parameters and health, and rationalization of
capacitors.
i) D.G. Sets Review of performance including major auxiliaries and
suggestions for optimization
j) Metering and Review of existing meters for adequate monitoring
monitoring status Requirement
k) Illumination Enumerate the luminaries installed in various parts of the
Installation, measurement of lux level, lighting load and major
electrical parameters viz Voltage, Amp.,p.f, KW etc study of
type of lamps and chokes used, optimizing illumination by
energy efficient luminaries, possibility of enhancing natural
light etc.
2.3. Analysis of Electricity consumption and bills(UGVCL Billing Data shall be provided
by ONGC):
a) Calculation of load factor as per as per Energy Audit rules & regulations
Govt. of Gujarat and recommend methods to reduce Maximum Demand
wherever possible.
b) Comments on Average power factor and method to improve power factor.
c) Explore possibility of better use of time of use tariff. Recommendations on
availing any other benefits available under prevailing UGVCL tariff.
d) Calculate Specific Energy Consumption (KWH/TON of materials produced,
KWH/M2 etc.) and comments on the same. (required production data shall
be provided)
37
2.4. Enumerate details of measures to be taken to improve Energy Efficiency and

reduce losses for all above areas. Estimate energy and monitoring savings,
investment requirement and simple pay back periods. The measures shall be
categorized in to operational changes, minor modification and retrofits
(negligible& moderate investment) and use of more efficient equipment/ process
(major investment). The investment proposals should be backed up with
quotations received from vendors.
2.5. Recommend possible substitution of electricity use by any other Techno-
commercial viable form of energy.
2.6. Submit draft report on Energy Audit and energy conservation study with all the
details and findings and get approval from the Company. Submit three sets of
comprehensive Final Report in hard copies and in CD ROM. The report shall
provide existing Energy profile of the unit with percentage share of major
equipment/processes utilities etc, so that it becomes a basic document for future
monitoring.
3. Others
3.1. All measuring and testing instruments and meters etc. required for undertaking
the energy audit will be under the scope of Contractor.
3.2. The contractor shall furnish the details of manpower employed in conducting
Energy Audit.
3.3. Energy audit report should include a work schedule sheet duly signed by energy
auditor and concerned consumer.
3.4. The Contractor shall arrange and bear the expenditure on boarding, lodging and
transportation of Contractor’s personnel, machines, tools, tackles etc in
connection with the Work.
3.5. Attempts should also be made to carry out the measurements of various
parameters to the extent practically possible. In the event of inability of
measurement due to some constraints reasonable estimation can be made.
Reasons for estimation shall have to be justified.
3.6. The Contractor must submit an Acceptance Certificate duly approved by Chief
Electrical Inspector, Gandhinagar (Gujarat) along with necessary supporting
documents.
3.7. The quoted rates shall be inclusive of all taxes and duties (other wise
tender will be cancelled ) works contract tax, if any, service tax
against all materials and also man power,tools , irrespective of any
numbers utilized in the work.
38
Annexure – 5
(FOR ENERGY AUDIT)
TENTATIVE LIST OF MAJOR EQUIPMENTS
KW KVA KW KVA
GGS Viraj (Contract Kalol CTF ( Contract
1 Demand 550 KVA) 5 Demand 3800 KVA)
Transformers- 5000/
1000 66KV/11KV- main 6500 x
Transformer 11KV/415V switchyard 2
Transformers- 2500 x
125
Standby DG Set 11KV/433V- VFC S/S 3
ASP Injection Pump Motor P- Transformers- 11 KV/ 1500 x
75
002A 433 V-FWP S/S 2
ASP Injection Pump Motor P- Transformer-11 2500 x
75
002B KV/3.3 KV- New GCP 2
ASP Injection Pump Motor P- Transformer- 500 x
75
002D 11KV/433V- New GCP 2
Transformer-11 2500 x
Submersible Pump Motor KV/3.3 KV- Old GCP 2
Transformer- 500 x
15
Filter Feed Pump Motor P-001A 3.3KV/433V- Old GCP 2
Transformer-
300 x
30 11KV/433 V- Electrical
2
Oil Dispatch Pump No1 Motor Control Room no 1
Oil Dispatch Pump No2 Motor Lighting Transformer –
55 15
66 KV S/S
Oil Dispatch Pump No4 Motor Lighting Transformer –
55 15
11 KV FWP
Lighting Transformer-
110 30 x 2
Effluent Disposal Pump no 5 ECR No 1
Lighting Transformer-
50
Capacitor Panel ( 260 KVAR ) ECR No 1
Lighting Transformer- ASP Plant Lighting Transformer-
50 15 x 1
ECR No 2
Lighting Transformer- GGS Lighting Transformer-
40 30
PLant New GCP
Lighting Load Lighting Transformer-
48 30
Old GCP
GGS 1 Jhalora ( Contract
125
2 Demand- 750 KVA ) Standby DG Set
Capacitor Panel FWP
1000
Transformer 11KV/433V S/S- 75 KVAR
Electrical Control
380
Standby DG Set no 1 Room- 185 KVAR
Standby DG Set no 2 Capacitor Panel New
437.5
GCP APFC 1- 80 KVAR
APFC for PMCC- ETP – 205 Capacitor Panel New
KVAR GCP APFC 2- 85 KVAR
Capacitor for BPCL Pump- 25 Capacitor Panel Old
KVAR x 3 GCP APFC 1-70 KVAR
APFC for Old MCC- I/C for GGS Capacitor Panel Old
39
1- 50 KVAR GCP APFC 2-30 KVAR

Fixed Capacitors in oil pumps- Oil dispatch pump
400
20 KVAR, 25 KVAR motor 415 V
Fixed Capacitors in 415 V Main Oil dispatch pump
400
I/C- 25 KVAR x 2 motor 415 V
Oil dispatch pump
45 400
Oil Pump motor Kirloskar motor 415 V
Oil Pump motor Kirloskar Oil Transfer Pump
75 15
motor
Oil Pump motor Kirloskar Oil Transfer Pump
35 15
motor
Oil Transfer Pump
200 15
BPCL Pump Motor motor
Oil Transfer Pump
110 11
Kalol CTF
GGS 1 Jhalora continued…… continued……
KW KVA KW KVA
Oil Transfer Pump
200 11
Submersible Pump
125 30
BPCL Pump Motor 211 Air Compressor Motor 7.5
Lighting Load 62 Air Compressor Motor 5.5
Lighting Transformer at GGS 40 Air Compressor Motor 3.7
Lighting Transformer at ETP 40 Effluent Pump motor 22
Effluent Pump motor 22
GGS Nandej ( Contract Gas Compressor Motor
300
3 Demand- 275 KVA) 3.3 KV – New GCP
Gas Compressor Motor
630 300
Transformer 11KV/433V 3.3 KV- New GCP
125 300
Standby DG Set no 1 3.3 KV- New GCP
APFC Panel- 60 KVAR Gas Compressor Motor
300
3.3 KV- Old GCP
Fixed capacitors on COP no 1 to Gas Compressor Motor
300
4; 10 KVAR each 3.3 KV- Old GCP
Fixed capacitors on WIP 1 & 50 Gas Compressor Motor
300
KVAR each 3.3 KV- Old GCP
Water injection pump motor 200 Gas Compressor Motor
300
3.3 KV- Old GCP
Water injection pump motor 200 Gas Compressor Motor
300
3.3 KV- Old GCP
30 300
Unloading Pump Motor 3.3 KV- Old GCP
Cooling Water Pump
30 30
Unloading Pump Motor Motor- New GCP
Cooling Water Pump
30 45
Unloading Pump Motor Motor- Old GCP
Cooling Water Pump
30 45
Unloading Pump Motor Motor- Old GCP
Crude Oil Pump motor Cooling Water Pump
30 37
Motor- Old GCP
Crude Oil Pump motor Cooling Water Pump
30 37
Motor- Old GCP
40
Crude Oil Pump motor Cooling Tower Fan

30 5.5
Motor
Crude Oil Pump motor Cooling Tower Fan
30 5.5
Motor
Submersible Pump motor 40 RO Feed Pump 18.5
Inst. Air Compressor
25 18.5
Lighting Load Motor
New Raw Water Pump
15
Motor
GGS 2 Nawagam ( Contract RO Feed Pump Motor
18.5
4 Demand- 250 KVA)
Transformer 11KV/433V 630 ID Fan Motor 5.5
Standby DG Set no 1 62.5 Lighting Load in KW 134
APFC Panel- 60 KVAR
Fixed capacitors on WIP GCP Sanand (
Motors- 25 KVAR each Contract Demand-
6 1000 KVA)
Fixed capacitors - oil transfer Transformer-11 2500 x
pumps- 10 KVAR each KV/3.3 KV 2
BPCL WIP motor 127 Transformer- 500 x
3.3KV/433V 2
BPCL WIP motor 110 APFC Panel I - 40
KVAR
APFC Panel II - 40
30
33 RSL Pump motor KVAR
GGS 2 Nawagam GCP Sanand
continued……… continued……
KW KVA KW KVA
3.3 KV Capacitor
30 Bank- 2 x 100 KVAR; 1
Voltas Oil dispatch Pump Motor x 65 KVAR
Gas Compressor
37 300
Voltas Oil dispatch Pump Motor Motor 3.3 KV
30 300
Submersible Pump motor 3.3 KV
11 300
Submersible Pump motor 3.3 KV
Water transfer pump motor Gas Compressor Motor
18.5 300
3.3 KV
Water transfer pump motor 18.5 RO Pump motor 30
Lighting Load 15 Lub.oil pump motor 2.2
Lighting Transformer Inst. Air compressor
40 11
motor
Inst. Air compressor
11
motor
CT Fan motor 5.5
CT Fan motor 5.5
Cooling water pump
22
motor
Cooling water pump
22
motor
Cooling water pump
22
motor
Cooling water pump
22
motor
41
Raw water feed pump

5.5
motor
Note: All the plants mentioned above have other loads also in addition to those listed above. These
are lighting loads, battery banks & battery chargers , UPS system, cranes etc. Wherever necessary
these equipments also will be taken for energy audit.
42
ANNEXURE-6
SCHEDULE OF PRICES
Item Item Description Amount ( in Rs )

no Rate ( in Rs.)
1 Energy Audit at CTF KALOL as per the
requirements stipulated in Gujarat Use
of Electrical Energy (Regulation) Order,
1999 and as per the scope of work &
terms and conditions of tender.
2 Energy Audit at GGS NANDEJ as per the
3 Energy Audit at GGS VIRAJ as per the
4 Energy Audit at GGS II NAWAGAM as
per the requirements stipulated in
Gujarat Use of Electrical Energy
(Regulation) Order, 1999 and as per the
scope of work & terms and conditions
of tender.
5 Energy Audit at GCP SANAND as per the
6 Energy Audit at GGS 1 JHALORA as per
the requirements stipulated in Gujarat
Use of Electrical Energy (Regulation)
Order, 1999 and as per the scope of
work & terms and conditions of tender.
TOTAL
(Rupees…………………………………………………………………………….Only )
43
Signature of bidder with Seal

ANNEXURE – 7
Profoma agreement
CONTRACT NO. ---------------------------------------------------------------

FOR THE JOB OF -------------------------------------------------------------------
This CONTRACT is made and entered into on this …..day of …Two thousand and ten.
by and between OIL & NATURAL GAS CORPORATION LIMITED, a CORPORATION
registered under the Companies Act 1956, having its registered office at Jeevan
Bharati, Tower-II, 124, Indira Chowk, New Delhi- 110 001, India and one of its work
centre at ONGC, Ahmedabad Asset, Ahmedabad-380005 (hereinafter referred to as
“CORPORATION” which expression shall include its successors, administrators,
executors and assignees) on the one part and M/s ……………., a company registered
under the companies Act with its Registered office at ……… referred to as the
“CONTRACTOR” (which expression shall include its successors, administrators,
executors and permitted assignees) on the other part.
WHEREAS the Company is desirous of carrying out the job of “------------------------

-----------------------------------------------------------------------------------------“ as per
specifications and scope of work as set forth attached (i.e. Scope of work &
Technical details) for carrying out CORPORATION’s operations conforming to
specifications as set forth in the Scope of Work at Annexure-II of this agreement.
WHEREAS the Company had invited Tender vide their Tender No. -------------------
----------------------------------------- dated --------------------------------------------- for
the above cited work.
And Whereas the CONTRACTOR represents that it has the necessary
experience for carrying out CORPORATION's work as referred to herein and has
submitted a bid for providing the required services against CORPORATION’s Tender
No………. dated ------ all in accordance with the terms and conditions set forth herein
and any other reasonable requirements of the CORPORATION from time to time.
And Whereas CORPORATION's has accepted the bid of the CONTRACTOR and has
placed Fax order/ Letter of Intent/ Notification Of Award vide its letter No. ……..
dated…. on the CONTRACTOR.
Now it is hereby agreed to by and between the parties as under:
NOW THIS AGREEMENT WITNESS AS FOLLOWS:
a. The following documents annexed herewith shall be taken as mutually

explanatory of one another and shall be deemed to form and be read and
construed as integral parts of this contract and in case of any discrepancy,
conflict, dispute, they shall be referred to in the order of priority as cited below:-
44
1. Agreement.
2. Annexure- General Condition of the contract

3. Annexure- Detailed Scope of Work and other details.
4. Annexure- Schedule of Rate.
5. NOA Letter of Intent dated -------------------
c. The contract constituted the entire Agreement between the Company and the
Contractor, with respect to the subject matter of the Contract and supersedes
all communication and Agreement (whether written or oral) of the parties with
respect thereto made prior to the date of Agreement.
d. The Contractor hereby covenants with Company to perform the work in
conformity in all respect with provisions of the Contract and in consideration of
the carrying out and completion of the works by the Contractor, the Company
hereby covenants to pay the amounts at the times and in the manner described
hereinafter.
IN WITNESS WHEREOF the parties hereto have hereunto set their respective
hands at MUMBAI on the day and year first above written.
For and on behalf of Contractor) (For and on behalf of

(CONTRACTOR) Oil and Natural Gas Corporation Ltd)
(COMPANY)
WITNESS:-
1. ___________________________ 1) -------------------------------
-
2. ________________________ 2) ---------------------------
--
45
Annexure- 8
Proforma of Bank Guarantee towards Bid Security/ BID BOND
Ref. No.................... Bank Guarantee No………..........

Dated ..………………..................
To,
GM (F&A)
Oil and Natural Gas Corporation Ltd.,
Avani Bhavan, Ahmedabad Asset,
Ahmedabad-380005
Dear Sirs,
1. Whereas Oil and Natural Gas Corporation Ltd. incorporated under the
Companies Act, 1956, having its registered office at Jeevan Bharti, Tower-II,
124 Indira Chowk, New Delhi - 110001 - India and one of its work
centre at Ahmedabad Asset, having its office at Avani Bhavan, Chandkheda
and Sabarmati Complex, Ahmedabad-380005, Gujarat (hereinafter called
`ONGC' which expression shall unless repugnant to the context or
meaning thereof include all its successors, administrators, executors and
assignees) has floated a Tender No. ________ and M/s
____________________________ having Head/ Registered office at
_______________________________ (hereinafter called the 'Bidder' which
expression shall unless repugnant to the context or meaning thereof mean
and include all its successors, administrators, executors and permitted
assignees)have submitted a bid Reference No........................
and Bidder having agreed to furnish as a condition precedent for
participation in the said tender an unconditional and irrevocable Bank
Guarantee of Indian Rupees (in figures)___________________ (Indian Rupees /
(in words)_________________ only) for the due performance of Bidder's
obligations as contained in the terms of the Notice Inviting Tender (NIT) and
other terms and conditions contained in the Bidding documents supplied by
ONGC which amount is liable to be forfeited on the happening of any
contingencies mentioned in said documents.
2. We (name of the bank)_________________ registered under the laws

of_____________ having head/ registered office at _________ (hereinafter
referred to as "the Bank" which expression shall, unless repugnant to the
46
context or meaning thereof, include all its successors, administrators,

executors and permitted assignees) guarantee and undertake to pay
immediately on first demand by ONGC, the amount of Indian Rs. (in figures)
__________________ (Indian Rupees (in words) _______________ only) in
aggregate at any time without any demur and recourse, and without ONGC
having to substantiate the demand. Any such demand made by ONGC shall be
conclusive and binding on the Bank irrespective of any dispute or difference
raised by the Bidder.
3. The Bank confirms that this guarantee has been issued with observance of
appropriate laws of the country of issue.
4. The Bank also agrees that this guarantee shall be irrevocable and governed and
construed in accordance with Indian Laws and subject to exclusive jurisdiction of
Indian Courts of the place from where tenders have been invited (i.e.
Ahmedabad).
5. This guarantee shall be irrevocable and shall remain in force upto
________________ which includes thirty days after the period of bid validity
and any demand in respect thereof should reach the Bank not later than the
aforesaid date.
6. Notwithstanding anything contained hereinabove, our liability under this
Guarantee is limited to Indian Rs (in figures) _________________ (Indian
Rupees (in words) ________________ only) and our guarantee shall
remain in force until (indicate the date of expiry of bank guarantee)
_________.
Any claim under this Guarantee must be received by us before the expiry of
this Bank Guarantee. If no such claim has been received by us by the said date,
the rights of ONGC under this Guarantee will cease. However, if such a claim
has been received by us by the said date, all the rights of ONGC under this
Guarantee shall be valid and shall not cease until we have satisfied that claim. In
witness whereof, the Bank, through its authorised officer, has set its hand
and stamp on this ........ day of ........... at .....................
WITNESS NO. 1
--------------------- --------------------------
(Signature) (Signature)
Full name and official Full name, designation and
address (in legible letters) official address (in legible letters)
with Bank stamp.
Attorney as per Power of

Attorney No........….……..
Dated …………………….
WITNESS NO. 2
______________________
47
(Signature)
Full name and official address
(in legible letters)
Note:
1. This Bank Guarantee/ all further communications relating to the Bank Guarantee
should be forwarded to the Dy. General Manager(Elect), ST-Electrical , Ist Floor,
Avani Bhawan, ONGC, Ahmedabad-380005 only.
2. Bank guarantee, duly executed as per the above format, is to be enclosed with the
offer.
3. The full address along with the Telex/Fax No. of the issuing Bank to be mentioned
INSTRUCTIONS FOR FURNISHING BANK GUARANTEE TOWARDS BID SECURITY:-
1. The Bank Guarantee by Indian Bidders will be given on non- judicial stamp paper as
per stamp duty applicable at the place where the tender has emanated. The non-
judicial stamp paper should be in name of the issuing Bank.
2. The expiry date as mentioned in clause 5 & 6 should be arrived at by adding 30

days to the date of expiry of the bid validity unless otherwise specified in the
bidding documents.
3. The Bank Guarantee by Indian bidders will be given from Nationalised / Scheduled
Banks or State Bank of India and its wholly owned subsidiaries only.
48
ANNEXURE – 9
Proforma of Bank Guarantee towards Performance Security PERFORMANCE

GUARANTEE
Ref. No. __________________________ __________________________

Bank Guarantee No ___________________
Dated:
To,
The GM(F&A),
Avani Bhavan, Ahmedabad Asset,
Ahmedabad-380005 (GUJARAT)
India.
Dear Sirs,
1. In consideration of Oil & Natural Gas CORPORATION Limited, incorporated

under the Companies Act, 1956, having its Registered Office at Jeevan Bharti,
Tower-II, 124 Indira Chowk, New Delhi-110001, India and one of its offices at
Ahmedabad Asset, Avani Bhavan, Chandkheda, Ahmedabad-380005
(hereinafter referred to as `ONGC', which expression shall, unless repugnant to
the context or meaning thereof, include all its successors, administrators,
executors and assignees) having entered into a CONTRACT No. & Subject
__________________ Dated _______________(hereinafter called ‘the
CONTRACT’ which expression shall include all the amendments thereto) with
M/s __________________________ having its registered/head office at
______________________(hereinafter referred to as the 'CONTRACTOR')
which expression shall, unless repugnant to the context or meaning thereof
include all its successors, administrators, executors and assignees) and
ONGC having agreed that the CONTRACTOR shall furnish to ONGC a
performance guarantee for Indian Rupees .............. for the faithful performance
of the entire CONTRACT.
2. We (name of the bank) ______________________________ registered under

the laws of _______ having head/registered office at
__________________________ (hereinafter referred to as "the Bank", which
expression shall, unless repugnant to the context or meaning thereof, include all
its successors, administrators, executors and permitted assignees) do hereby
guarantee and undertake to pay immediately on first demand in writing any
/all moneys to the extent of Indian Rs. (in figures) __________ (Indian
Rupees (in words) __________________ ___________) without any demur,
reservation, contest or protest and/or without any reference to the
CONTRACTOR. Any such demand made by ONGC on the Bank by serving a
49
written notice shall be conclusive and binding, without any proof, on the bank as
regards the amount due and payable, notwithstanding any dispute(s) pending
before any Court, Tribunal, Arbitrator or any other authority and/or any other
matter or thing whatsoever, as liability under these presents being absolute and
unequivocal. We agree that the guarantee herein contained shall be
irrevocable and shall continue to be enforceable until it is discharged by ONGC in
writing. This guarantee shall not be determined, discharged or affected by the
liquidation, winding up, dissolution or insolvency of the CONTRACTOR and shall
remain valid, binding and operative against the bank.
3. The Bank also agrees that ONGC at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance, without
proceeding against the CONTRACTOR and notwithstanding any security or other
guarantee that ONGC may have in relation to the Contractor’s liabilities.
4. The Bank further agrees that ONGC 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 said CONTRACTOR(s) from time to time or to postpone for
any time or from time to time exercise of any of the powers vested in ONGC
against the said CONTRACTOR(s) and to forbear or enforce any of the terms
and conditions relating to the said agreement and we shall not be relieved from
our liability by reason of any such variation, or extension being granted to the
said CONTRACTOR(s) or for any forbearance, act or omission on the part of
ONGC or any indulgence by ONGC to the said CONTRACTOR(s) or any such
matter or thing whatsoever which under the law relating to sureties would, but
for this provision, have effect of so relieving us.
5. The Bank further agrees that the Guarantee herein contained shall remain in full
force during the period that is taken for the performance of the CONTRACT and
all dues of ONGC under or by virtue of this CONTRACT have been fully paid and
its claim satisfied or discharged or till ONGC discharges this guarantee in writing,
whichever is earlier.
6. This Guarantee shall not be discharged by any change in our constitution, in the
constitution of ONGC or that of the CONTRACTOR.
7. The Bank confirms that this guarantee has been issued with observance of
appropriate laws of the country of issue.
8. The Bank also agrees that this guarantee shall be governed and construed in
accordance with Indian Laws and subject to the exclusive jurisdiction of Indian
Courts of the place from where the purchase CONTRACT has been placed.
9. Notwithstanding anything contained herein above, our liability under this
Guarantee is limited to Indian Rs. (in figures) ______________ (Indian Rupees
(in words) ____________________) and our guarantee shall remain in force
until ______________________. (indicate the date of expiry of bank
guarantee) excluding the claim period of sixty (60) days.
In witness whereof, the Bank through its authorised officer has set its hand
and stamp on this ........ day of ........2010__ at .....................
WITNESS NO. 1
50
-------------------------- ------------------------
-
(Signature)
(Signature)
Full name and official Full name, designation and
address (in legible letters) address (in legible letters) with Bank
stamp
Attorney as per power of
Attorney No.............
Dated ....................
WITNESS NO. 2
--------------------------
(Signature)
Full name and official
address (in legible letters)
INSTRUCTIONS FOR FURNISHING PERFORMANCE GUARANTEE
1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamp

paper as per stamp duty applicable at the place from where the purchase
CONTRACT has been placed. The non-judicial stamp paper should be in
name of the issuing bank.
2. The expiry date as mentioned in Clause No. 9 should be arrived at by adding
60 days to the CONTRACT completion date unless otherwise specified in the
bidding documents.
3. The Bank Guarantee by Indian bidders will be given from Nationalised /
Scheduled Banks or State Bank of India and its wholly owned subsidiaries
only.
51
ANNEXURE-10
PROFORMA FOR CERTIFICATE TO BE SUBMITTED PURSUANT TO SECTION 297 OF

COMPANIES ACT, 1956
This has reference to our proposed contract for Rs.

Regarding “_____________________________________________” to be entered in
to with Oil And Natural Gas Corporation Limited (ONGC).
For the purpose of section 297/299 of the companies act, 1956, we certify that to
the best of my / our knowledge:
i) I am not a relative of any director of ONGC.

ii) We are not a firm in which a director of ONGC or his relative is a
partner.
iii) I am not a partner in a firm in which a director of ONGC is a
director or member.
iv) We are not a private company in which a director of ONGC is a
director or member.
v) We are not a company in which directors of ONGC hold more than
2% of paid up share capital of our company or vice versa.
Date: Authorized signatory of contracting

party
Place:
Note: (Relative means as mentioned in Section-6 of Indian Companies Act – 1956.)
52

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ST-Electrical, ONGC Ahmedabad Asset

Oil and Natural Gas Corporation Ltd.

Energy Audit of 06 ST Installations of ONGC

Issued to : M/S ………………………………

Sr. No. Description Annexure Page No

Oil and Natural Gas Corporation Ltd.

NO.AMD/ST/ELECT/ IV (18)/09-10 Date: 05.03.2010

NOTICE INVITING TENDER

1. Tender No. : DY1VC10004

2. Estimate Cost : Rs.1, 38,000/-

3. EMD : Rs. 2800/- in the form of crossed “Payee

Earnest money / bid bond / bid security will not be

4. Tender Fee : Rs. 200/- in the form of crossed “Payee

The firms registered with NSIC will be exempted from

5. a) Tender sale period : 19.03.2010 to 05.04.2010 (14.00 Hrs to

6. Place of submission & : Room no 127-A, Avani Bhavan, ONGC

7. Validity of bid : 03 months from the date of submission (

8. Non-transferable blank tender documents can be obtained from the Office of

a) “We___________________( Name of agency ) hereby confirm the that

b) “We further declare to the effect that neither we___________ ( Name

from carrying on business dealings with ONGC. If any stage, it is found

(Signature of bidder with seal)

9. The Essential Qualification Requirements, in brief, are as follows (Annexure-3 of

a) The Bidders must have experience of having successfully completed similar

c) Bidder must be an accredited energy auditor approved by Government of

d) The bidder must submit copy of service Tax Registration Certificate.

10 The complete tender document is uploaded on Website www.tenders.ongc.co.in.

above, which will be acknowledged by ONGC by issuing Request for Quotation

12 If last date of receipt of tender and opening of tender happens to be holiday,

1. Tender shall be submitted in the prescribed form in the tender document.

9.1.1. Earnest Money Deposit in the prescribed form as stipulated.

9.1.2. A certificate in the following form on bidder’s official letter head

WE HEREBY CERTIFY AND CONFIRM THAT:

Signature of the Tenderer

a. Original tender document issued by ONGC and signed and stamped by

c. Supporting documents with regard to Essential Qualifying Requirement

31. Telegraphic/ Fax/ Telex/ Photocopy/ E-mail offers will be rejected.

TERMS AND CONDITIONS OF THE CONTRACT

(1) Instruction and/or directions issued by the Engineer-in-charge to the

(2) CONTRACTOR’S REPRESENTATIVE

The contractor shall designate in writing to ONGC, an individual as its

from CISF/Security through Engineer-in-Charge of ONGC for his

a. Should be medically fit to work at site.

(12) COMPLETION TIME

(13) INSURANCE & DAMAGE TO PROPERTY

Contractor will be responsible for insurance coverage of his personnel and

(17) No mobilization/demobilization charges shall be paid.

(18) Final Bill

No claim shall, on any account or ground be made by the contractor after

(19) DISCHARGE OF ONGC LIABILITY

The acceptance by the contractor of any amount paid by ONGC to the

and claims of the contractor, be demand to be in full and final settlement

(20) COMPLIANCE OF LABOUR LAWS AND OTHER LABOUR RELATED

(21) VERIFICATION OF CHARACTER AND ANTECEDENTS OF

In all contracts involving deployment of Contractor’s manpower within

a. Undertaking from the Contractor that the character and the

b. Undertaking from the Contractor that they have scrutinized the

c. Along with the above mentioned undertaking, the Contractor will

(22) FORCE MAJEURE:

a. In the event of either party being rendered unable by Force

canceling this CONTRACT in whole or part at his discretion

d. Time for performance of the relative obligation suspended by

(23) LIQUIDATION DAMAGES