2a.appendices of Annexure-i-Instructions to Bidders (Itb)

8/19/2019 2a.appendices of Annexure-i-Instructions to Bidders (Itb)

1/24


2/24

28 | P a g e UP14C15018

ANNEXURE – I Appendix - 2

BID SUBMISSION PROFORMA

Email address: ___________________________FAX No.:_______________________________Telephone No.:___________________________ Vendor code used: ________________________

To,

GM(E)- I/C Facility Engineering Group (FEG),ONGC, Dronagiri Bhavan, Uran Plant, Uran,Dist. Raigad, Maharashtra – 400 702

Dear Sirs,

1. I/We hereby offer for Tender No.-____________ and agree to hold this offer opentill ______________.

2. I/We have understood and complied with the "Instructions to Bidders” at ANNEXURE-I, "Bid Evaluation Criteria" at ANNEXURE-IV , accepted the"General Conditions of Contract" at ANNEXURE-II for providing services andhave thoroughly examined and complied with the Scope of Work & TechnicalSpecifications at ANNEXURE-III hereto and I/we am/are fully aware of the natureof the services required and my/our offer is to provide services strictly in accordance with the requirements.

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

4. Agreement at Appendix-3 of ANNEXURE-I on purchase of Bidding documents andsubmission of Tender has been returned herewith.

_______________________________

Sign, Name & Seal of Authorized Bid Signatory


3/24


4/24

30 | P a g e UP14C15018

condition and the Bidder agrees to keep the bid open for the required period. Thesereciprocal promises form the consideration for this separate initial contract between theparties.

If Bidder fails to honour the above terms and conditions, ONGC shall haveunqualified, absolute and unfettered right to encash/forfeit the bid security submittedin this behalf.

_______________________________


(BIDDER) (ONGC)


5/24

31 | P a g e UP14C15018

ANNEXURE – I Appendix – 4

PROFORMA OF BANK GUARANTEE TOWARDSEARNEST MONEY DEPOSIT (EMD)/BID SECURITY /BID BOND

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

To,GM(E)-I/C CONTRACT CELLOil & Natural Gas Corporation Ltd.Mumbai Region, Uran Plant, Uran-400702.Dist.-Raigad, Maharashtra StateDear Sirs,

1) Whereas Oil & Natural Gas Corporation Ltd. Incorporated under the Companies Act,1956, having its registered office at Jeevan Bharati, Tower-II, 124 Connaught Circus,New Delhi - 110001 - India and one of its offices at Mumbai Region, Dronagiri Bhavan, Uran Plant, Uran-400702, Dist.-Raigad, Maharashtra(hereinafter called `ONGC' which expression shall unless repugnant to the contextor 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' whichexpression shall unless repugnant to the context or meaning thereof mean and includeall its successors, administrators, executors and permitted assignees)have submitteda bid Reference No........................ and Bidder having agreed to furnish as acondition precedent for participation in the said tender an unconditional and irrevocableBank Guarantee of Indian Rupees (in figures)___________________ (IndianRupees (in words)_________________ only) for the due performance of Bidder's

obligations as contained in the terms of the Notice Inviting Tender (NIT) and otherterms and conditions contained in the Bidding documents supplied by ONGC whichamount is liable to be forfeited on the happening of any contingencies mentioned insaid documents.

2) We (name of the bank)_________________ registered under the lawsof_____________ having head/registered office at _________ (hereinafterreferred to as "the Bank" which expression shall, unless repugnant to the context ormeaning thereof, include all its successors, administrators, executors and permittedassignees) guarantee and undertake to pay immediately on first demand by ONGC,the amount of Indian Rs.______ (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 byONGC shall be conclusive and binding on the Bank irrespective of any dispute ordifference raised by the Bidder.

3) The Bank confirms that this guarantee has been issued with observance of appropriatelaws of the country of issue.

4) The Bank also agree that this guarantee shall be irrevocable and governed and construedin accordance with Indian Laws and subject to exclusive jurisdiction of Indian Courtsof the place from where tenders have been invited.

5) This guarantee shall be irrevocable and shall remain in force upto 14.01.2016 which

includes thirty (30) days after the period of bid validity and any demand in respectthereof should reach the Bank not later than the aforesaid date.


6/24

32 | P a g e UP14C15018

6) Notwithstanding anything contained hereinabove, our liability under this Guarantee islimited to Indian Rs. (in figures) _________________ (in words) ________________ only) and our guarantee shall remain in force until (indicatethe date of expiry of bank guarantee) _________.

We must receive any claim under this Guarantee 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 thisGuarantee will cease. However, if such a claim has been received by us by the said date, all therights of ONGC under this Guarantee shall be valid and shall not cease until we have satisfiedthat claim. In witness whereof, the Bank, through its authorized officer, has set its hand andstamp on this ........ day of ........... at .....................

WITNESS NO. 1(Signature) (Signature)

Full name and official address (inlegible letters) Full name, designation and official address(in legible letters) with Bank stamp.


Full name and official address (inlegible letters)

Attorney as per Power of AttorneyNo........….…….. Dated …………

Note:(i) This Bank Guarantee/all further communications relating to the Bank Guarantee

should be forwarded to Chief Engineer (E), I/C Contract Cell, Room No.-102, DronagiriBhavan, Uran Plant, Uran –400702.

(ii) Bank guarantee, duly executed as per the above format, is to enclosed with the offer1.1(a) 2.1(a) INSTRUCTIONS FOR FURNISHING BANK GUARANTEE

3.1(a) TOWARDS BID SECURITY

1. The Bank Guarantee by Indian Bidders will be given on non- judicial stamp paper as perstamp duty applicable at the place where the tender has emanated. The non-judicial stamppaper should be in name of the issuing Bank.

2. Foreign Bidders are requested to execute Bank Guarantee as per law in their country.

3. Please indicate the currency in which Bank Guarantee is being given Indian Rupees have

been mentioned only for illustration. Therefore, in case where Bank Guarantee is beinggiven in a currency other than Rupees, these terms may be deleted and replaced by relevantcurrency.

4. The expiry date as mentioned in Clause 5 & 6 should be arrived at by adding 30 days tothe date of expiry of the bid validity unless otherwise specified in the bidding documents.

5. The Bank Guarantee by Indian bidders will be given from Nationalized/Scheduled Banksonly. The Foreign bidders will give Bank Guarantees from an Indian Bank situated in theircity. In case no Indian Bank is situated in bidder’s city then Bank Guarantee from foreignBank acceptable to ONGC (whether situated in bidder's country or in India) will beconsidered. If any foreign bidder desires to furnish guarantee from a bank other than any

Indian Bank, such bidder should furnish collateral security/guarantee/confirmation fromany foreign banks operating in India or the state Bank of India.


7/24

33 | P a g e UP14C15018

ANNEXURE – I

Appendix - 5PROFORMA FOR BANK GUARANTEE TOWARDS

PERFORMANCE SECURITY/PERFORMANCE BOND

Ref. No. _________________________ Bank Guarantee No ___________Dated: ______________

ToGM(E),I/C-Contract-Cell, Oil & Natural Gas CORPORATION, Mumbai Region,Uran Plant, Uran-400702,Dist:-Raigad, Maharashtra State, India.

Dear Sirs,

1. In consideration of Oil & Natural Gas CORPORATION Limited, incorporated under theCompanies Act, 1956, having its Registered Office at Jeevan Bharti, Tower-II, 124Connaught Circus, New Delhi-110001, India and one of its offices at Mumbai Region,Uran Plant, Uran –400702, Dist.-Raigad, Maharashtra State (hereinafterreferred to as `ONGC', which expression shall, unless repugnant to the context ormeaning thereof, include all its successors, administrators, executors and assignees)having entered into a CONTRACT No. __________________ Dated _______________ (hereinafter called ‘the CONTRACT’ which expression shallinclude 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 ormeaning thereof include all its successors, administrators, executors and assignees)and ONGC having agreed that the CONTRACTOR shall furnish to ONGC a performanceguarantee for Indian Rupees .............. for the faithful performance of the entireCONTRACT.

2. We (name of the bank) ______________________________ registered under thelaws of _______ having head/registered office at __________________________(hereinafter referred to as "the Bank", which expression shall, unless repugnant to thecontext or meaning thereof, include all its successors, administrators, executors andpermitted assignees) do hereby guarantee and undertake to pay immediately on firstdemand 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 tothe CONTRACTOR. Any such demand made by ONGC on the Bank by serving a writtennotice shall be conclusive and binding, without any proof, on the bank as regards theamount 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 theguarantee herein contained shall be irrevocable and shall continue to be enforceable untilit is discharged by ONGC in writing. This guarantee shall not be determined, dischargedor affected by the liquidation, winding up, dissolution or insolvency of the CONTRACTORand 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 Guaranteeagainst the Bank as a principal debtor, in the first instance, without proceeding against


8/24

34 | P a g e UP14C15018

the CONTRACTOR and notwithstanding any security or other guarantee that ONGC mayhave 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 andconditions of the said CONTRACT or to extend time of performance by the saidCONTRACTOR(s) from time to time or to postpone for any time or from time to timeexercise of any of the powers vested in ONGC against the said CONTRACTOR(s) and toforbear or enforce any of the terms and conditions relating to the said agreement and weshall not be relieved from our liability by reason of any such variation, or extension beinggranted to the said CONTRACTOR(s) or for any forbearance, act or omission on the partof ONGC or any indulgence by ONGC to the said CONTRACTOR(s) or any such matteror 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 forceduring the period that is taken for the performance of the CONTRACT and all dues ofONGC under or by virtue of this CONTRACT have been fully paid and its claim satisfiedor 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 theconstitution of ONGC or that of the CONTRACTOR.

7. The Bank confirms that this guarantee has been issued with observance of appropriatelaws 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 placefrom where the purchase CONTRACT has been placed.

9. Notwithstanding anything contained herein above, our liability under this Guarantee islimited 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) excludingthe claim period of sixty (60) days.

Any claim under this Guarantee must be received by us before the expiry of this BankGuarantee. If no such claim has been received by us by the said date, the rights of ONGC underthis Guarantee will cease. However, if such a claim has been received by us within the saiddate, all the rights of ONGC under this Guarantee shall be valid and shall not cease until wehave satisfied that claim.

In witness whereof, the Bank through its authorized officer has set its hand and stampon this ........ day of ........200__ at .....................


Full name and official address (inlegible letters) with Bank Stamp

Full name, designation and official address (inlegible letters) with Bank stamp.



9/24

35 | P a g e UP14C15018

Full name and official address (inlegible letters)

Attorney as per Power of AttorneyNo........….…….. Dated …………

INSTRUCTIONS FOR FURNISHING PERFORMANCE GUARANTEE

1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamp paper as perstamp duty applicable at the place from where the purchase CONTRACT has beenplaced. 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 tothe CONTRACT completion date unless otherwise specified in the bidding documents.

3. The Bank Guarantee by Indian bidders will be given from Nationalized/ Scheduled

Banks only.


10/24

36 | P a g e UP14C15018


PROFORMA FOR BIDDERS PAST SERVICES (SIMILAR)

SL.

NO.

NAME & ADDRESS

OF CLIENT

PERIOD DESCRIPTION OF

SERVICES

COMPLETED

SUCCESSFULLY

REMARKFROM TO

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

NOTE: CERTIFICATES FROM CLIENTS TO BE ENCLOSED ALONG WITH THIS PROFORMA.

Signature of the Bidder ___________________________

Name _________________________________________

Seal of the Company _____________________________


11/24

37 | P a g e UP14C15018


PROFORMA FOR AUTHORIZATION LETTERFOR ATTENDING TENDER OPENING

No.-______________________ Dated: ________

To,


Sir,

Mr./Ms._______________________has been authorized to be present at the time ofopening of above tender due on____________ at _____________, on my/ our behalf.

_______________________________


Hard copy to: Mr._____________________ for information and for production at thetime of opening of bids.


12/24

38 | P a g e UP14C15018


PROFORMA CERTIFICATE ON RELATIVESOF DIRECTORS OF ONGC

This has reference to our proposed contract regarding _______________________________________________________________ ____________against Tender No.-____________to be entered in to with Oil andNatural Gas Corporation Limited (ONGC).

For the purpose of Section 297/299 of the Companies Act, 1956, an extract given here under, 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 or his relative is a partner.

(iv) We are not a private company in which a Director of ONGC is a Member ofDirector.

(v) We are not a company in which Directors of ONGC hold more than 2% of the paid-upshare capital of our company or vice-versa.

_______________________________


Place: ___________

Date: ___________


13/24


14/24


15/24

41 | P a g e UP14C15018


PROFORMA FOR REGRET LETTER TO BE SUBMITTED BY THE BIDDERON LETTERHEAD

(IN CASE THE BIDDER IS NOT SUBMITTING HIS OFFER)

Ref No: ______________________ Dated: ___________

To,


Sub: Regret Letter

Dear Sir,

With reference to subject tender, we are unable to quote due to the reason mentioned below(√ marked). We are returning the total tender document to you.

1) The item/service does not fall in our product/servicing range2) We do not meet BEC (Bid Evaluation Criteria) as specified in tender3) We cannot meet the technical specifications as specified in tender4) There is an order overbooking5) Any other reason (please specify)___________________________________

__________________________________________________________ __________________________________________________________

6) We need some more time for submission of offer and hence request for extension of bid submission date

_______________________________



16/24

42 | P a g e UP14C15018


PROFORMA FOR BIDDER’S INFORMATION

Sl. No. Description Details1 Annual turnover of the Bidder Not applicable2 Net worth of the Bidder (As per balance sheet

of immediate previous year’s audited annualaccounts)

Not applicable

3 Name & address of the Bidder in detail forthe purpose of signing of contract

______________________

E-mail address ______________________Phone & Mobile no. ______________________Fax ______________________

4 Name of Bid Signatory(Enclose Power of attorney / Authorization

letter in favour of the bid signatory.Proprietor to submit an affidavit for soleproprietorship)

______________________

5 Indicate legal constitution of the biddercompany.(Enclose Company’s Incorporationdocuments like certificate of incorporation,partnership deed, MOA & AOA etc.)

______________________

6 Details of bank account in which payment will be received in the event of award ofcontract through Electronic Paymentmechanism (viz. NEFT/RTGS /ECS).

(i) Name & Complete Address of theContractor as per Bank records.

(ii) Name & Complete Address of the Bank with Branch details.

(iii) Type of Bank account (Current /Savings/Cash Credit)

(iv) Bank Account Number (indicate ‘CoreBank Account Number’, if any).

(v) IFSC / NEFT Code (11 digit code) / MICRcode, as applicable, alongwith a cancelledcheque leaf.

(vi) Permanent Account Number (PAN)under Income Tax Act;

(vii) TIN/Sales Tax Registration Number(for supply of Goods) and Service TaxRegistration Number (for supply ofServices), as applicable.

________________________

_______________________

________________________

_______________________

_______________________

_______________________

________________________

_______________________


17/24

43 | P a g e UP14C15018

(viii) e-mail address of the vendor /authorized official (for receiving theupdates on status of payments).

7 Specify Category to which the bidder belongs :a. Micro, Small and Medium Enterprises as

defined in the “Micro, Small and MediumEnterprises Development Act, 2006(MSMEDA

b. Manufacturing or service industry,(Enclose valid documentary evidence)

________________________

________________________8 Service tax Registration No. for Indian bidder

(Enclose certificate or give undertaking as perBEC clause)

________________________

9 Details of POs/Contracts with any work centerof ONGC, which had been cancelled/terminated in last 03 years.

_______________________

__________________________



18/24

44 | P a g e UP14C15018


PROFORMA FOR INTEGRITY PACT

(To be executed on plain paper and applicable for all tenders of value above

Rs1 crore)

Preamble

The Principal intends to award, under laid down organizational procedures, contract/sfor__________________ The Principal values full compliance with all relevant laws andregulations, and the principles of economic use of resources, and of fairness and transparencyin its relations with its Bidder/s and Contractor/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organization “Transparency International” (TI). Following TI’s national andinternational experience, the Principal will appoint an external independent Monitor who willmonitor the tender process and the execution of the contract for compliance with the principlesmentioned above.

Section 1: Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and toobserve the following principles:-

(i) No employee of the Principal, personally or through family members, will inconnection with the tender for , or the execution of a contract, demand, take a promise

for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

(ii) The Principal will, during the tender process treat all Bidders with equity and reason.The Principal will in particular, before and during the tender process, provide to allBidders the same information and will not provide to any Bidder confidential /additional information through which the Bidder could obtain an advantage inrelation to the tender process or the contract execution.

(iii) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India, or if there be asubstantive suspicion in this regard, the Principal will inform its Vigilance Office and inaddition can initiate disciplinary actions.

Section 2: Commitments of the Bidder/ contractor

(1) The Bidder / Contractor commits itself to take all measures necessary to preventcorruption. He commits himself to observe the following principles during hisparticipation in the tender process and during the contract execution.

(i) The Bidder / Contractor will not, directly or through any other person or firm, offer,promise or give to any of the Principal’s employees involved in the tender process or

the execution of the contract or to any third person any material or immaterial benefit


19/24

45 | P a g e UP14C15018

which he/she is not legally entitled to, in order to obtain in exchange any advantage ofany kind whatsoever during the tender process or during the execution of the contract.

(ii) The Bidder / Contractor will not enter with other Bidders into any undisclosedagreement or understanding, whether formal or informal. This applies in particular toprices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introducecartelization in the bidding process.

(iii) The Bidder / Contractor will not commit any offence under the relevant Anti-corruption Laws of India; further the Bidder / Contractor will not use improperly, forpurposes of competition or personal gain, or pass on to others, any information ordocument provided by the Principal as part of the business relationship, regardingplans, technical proposals and business details, including information contained ortransmitted electronically.

(iv) The Bidder / Contractor will, when presenting his bid, disclose any and all paymentshe has made, is committed to or intends to make to agents, brokers or any otherintermediaries in connection with the award of the contract.

(2) The Bidder / Contractor will not instigate third persons to commit offences outlined aboveor be an accessory to such offences.

Section 3: Disqualification from tender process and exclusion from futurecontracts

(1) If the Bidder / Contractor, either before contract award or during execution of contract,has committed a transgression through a violation of Section 2 such as to put his reliabilityor credibility into question, the Principal is entitled to disqualify the bidder from the

tender process or terminate the contract, if already executed. The principal is also entitledto exclude the Bidder / Contractor from future contract award processes. The impositionand duration of the exclusion will be determined by the severity of the transgression. Theseverity will be determined by the circumstances of the case, in particular the number oftransgressions, the position of the transgressors within the company hierarchy of theBidder and the amount of the damage. The exclusion will be imposed for a minimum of 6months and maximum of 3 years.

(2) A transgression is considered to have occurred, if the Principal after due consideration ofthe available evidence, concludes that no reasonable doubt is possible.

(3) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to

resort to and impose such exclusion and further accepts and undertakes not to challengeor question such exclusion on any ground, including the lack of any hearing before thedecision to resort to such exclusion is taken. This undertaking is given freely and afterobtaining independent legal advice.

(4) If the Bidder / Contractor can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal mayrevoke the exclusion prematurely.

Section 4: Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover from the Bidderliquidated damages equivalent to Earnest Money Deposit / Bid Security.


20/24

46 | P a g e UP14C15018

(2) If the Principal has terminated the contract according to Section 3, or if the Principal isentitled to terminate the contract according to Section 3, the principal shall be entitled todemand and recover from the Contractor liquidated damages equivalent to SecurityDeposit / Performance Bank Guarantee.

(3) The bidder agrees and undertakes to pay the said amounts without protest or demursubject only to condition that if the Bidder / Contractor can prove and establish that theexclusion of the Bidder from the tender process or the termination of the contract afterthe contract award has caused no damage or less damage than the amount of theliquidated damages, the Bidder / Contractor shall compensate the Principal only to theextent of the damage in the amount proved.

Section 5: Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years with anyother Company in any country conforming to the TI approach or with any other PublicSector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from thetender process or the contract, if already awarded, can be terminated for such reason.

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

(1) The Bidder / Contractor undertakes to demand from all subcontractors a commitment inconformity with this Integrity Pact, and to submit it to the Principal before contractsigning.

(2) The Principal will enter into agreements with identical conditions as this one with all

Bidders, Contractors and Subcontractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pactor violate its provisions.

Section 7: Criminal charges against violatingBidders/Contractors/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or ofan employee or a representative or an associate of a Bidder, Contractor or Subcontractor whichconstitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8: External Independent Monitor / Monitors (three in numberdepending on the size of the contract) (to be decided by the Chairperson of thePrincipal)

(1) The Principal appoints competent and credible external independent Monitor for thisPact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties andperforms his functions neutrally and independently. He reports to the Chairperson of theBoard of the Principal.


21/24

47 | P a g e UP14C15018

(3) The Contractor accepts that the Monitor has the right to access without restriction to allProject documentation of the Principal including that provided by the Contractor. TheContractor will also grant the Monitor, upon his request and demonstration of a validinterest, unrestricted and unconditional access to his project documentation. The same isapplicable to Subcontractors. The Monitor is under contractual obligation to treat theinformation and documents of the Bidder / Contractor / Subcontractor withconfidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings amongthe parties related to the Project provided such meetings could have an impact on thecontractual relations between the Principal and the Contractor. The parties offer to theMonitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he willso inform the Management of the Principal and request the Management to discontinueor heal the violation, or to take other relevant action. The monitor can in this regardsubmit non-binding recommendations. Beyond this, the Monitor has no right to demandfrom the parties that they act in a specific manner, refrain from action or tolerate action.However, the Independent External Monitor shall give an opportunity to the bidder /contractor to present its case before making its recommendations to the Principal.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 6 to 8 weeks from the date of reference or intimation to him by the ‘Principal’ and,should the occasion arise, submit proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended to /provided to Outside Expert Committee members / Chairman as prevailing with Principal.

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of

an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported itto the Vigilance Office, the Monitor may also transmit this information directly to theCentral Vigilance Commissioner, Government of India.

(9) The word ‘Monitor’ would include both singular and plural.

Section 9: Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12months after the last payment under the respective contract, and for all other Bidders 6months after the contract has been awarded.

If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined byChairperson of the Principal.

Section 10: Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is theRegistered Office of the Principal, i.e. New Delhi. The Arbitration clause provided in themain tender document / contract shall not be applicable for any issue / dispute arisingunder Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing.Side agreements have not been made.


22/24

48 | P a g e UP14C15018

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by allpartners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainderof this agreement remains valid. In this case, the parties will strive to come to anagreement to their original intentions.

…………………………….. ……………………………………………… For the Principal For the Bidder / Contractor

Place …………………. Witness 1 : ……………………………..

Date …………………. Witness 2 : ……………………………..


23/24

49 | P a g e UP14C15018

NNEXURE – I Appendix – 14

NOTIFICATION FOR BANNED CATEGORY OF WORKERS

The contractor must not deploy following categories of employees, which have beenprohibited by the Govt. of India, Ministry of Labour vide Govt. of India Notification No.-U-23013/4/92-LW dated 08/09/1994:-

Schedule

(1) Fire Fighting (Fire Supervisor, Fireman, Fire Technician)

(2) Typist

(3) Clerics (Including accounts clerks)

(4) Steno Typist and Stenographer

(5) Data Operator(6) Computer operators

(7) Store keepers

(8) Boiler operators

(9) Telephone operators

(10) Attendants / Helpers / peons

(11) Instrument Technical helper

(12) Radio operators

(13) Drivers (wherever driving works is not done by hiring vehicles on contract but by vehicles owned by the Oil and Natural Gas Commission)

The contractor shall abide to the above directives of notification and give anundertaking to this effect.

As per Govt. of India, Ministry of Labour vide Govt. of India Notification No.Notification No. U-23013/8/2000-LW S.O.162(E) dated- 26/02/2001, the followingnotification is passed against W.P.No.-5847/98.

(14) “In exercise of powers conferred by sub-section(1) of section 10 of the contract labour( Regulation & Abolition ) Act,1970 (37 of 1970 ), the central government, afterconsultation with the central advisory contract labour board hereby prohibits witheffect from the date of publication of this notification the employment of helperengaged for executing the work of repairing pipes & replacing pipe lines in theestablishment of Oil & Natural Gas Corporation Limited at their plant, Uran(Maharashtra )”

The bidder hereby undertakes that he (they) shall abide to the above directives of Notificationas above.

_______________________________



24/24

Date post:	07-Aug-2018
Category:	Documents
Upload:	dipali
View:	227 times
Download:	0 times

2a.appendices of Annexure-i-Instructions to Bidders (Itb)

Documents