Providing vehicle (Bolero- 8 + 1 seater) for Finance and HR Department at PHBPL, Paradip
I N D E X
S.NO. DESCRIPTION PAGE NO.
1. Cover Page 1
2. Index 2
3. Notice Inviting Tender 3-5
4. Declaration 6
5. Special Instructions to tenderers 7-21
7. General Conditions of Contract 21A(1-168)
8. Special Conditions of Contract 22-34
9. Specification of Vehicle 35-48
10. Annexures (1-9) 49-57
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INDIAN OIL CORPORATION LIMITED
PIPELINES DIVISION, PHBPL, PARADIP DETAILED NIT
1 Name of Work Providing vehicle (Bolero- 8 + 1 seater) for Finance and HR Department at PHBPL, Paradip
2 Tender No./ Type of tender PHBPL/PDP/TS/06/2015-16/49/E-tender/open/Two Bid 3 Area/Location State of Odisha/ PHBPL Paradip 4 Duration of Contract Two year with the provision of extending one more year 5 a) Tender fee NIL; Since the bidders are required to download the tender documents from
IOCL e-tender website. b) Tender download period Tender available for downloading from 10:00 hrs w.e.f 27.08.2015 to
16.09.2015 ( up to 15:00 hrs) c) Time period of submission
of tender: From 27.08.2015 (12:00 Hrs) to 16.09.2015 (15:00 Hrs)
d) Date and time of opening of Tender
On 17.09.2015 at 16:00 Hrs.
6 Earnest Money Deposit (EMD)
₹ 25,200/- (Rupees Twenty five thousand and two hundred only)
7 Pre-qualification criteria The intending tenderer shall have to upload scanned copy of the required documents notarized/attested by gazetted officer in regards to pre-qualification and experience. Pre-qualification criteria will be checked at the time of techno-commercial evaluation of the offer.
a) Minimum Annual Turnover
₹ 7.54 lakh Minimum annual turnover required in any of three preceding financial years. Proof of annual turnover shall be submitted in form of Audited balance sheet or certificate from Chartered Accountant along with Income Tax return of last three preceding financial years i.e. F.Y. 2012-13, 2013-14 & 2014-15.
b) Minimum Value of Single Work Order
Completed value of similar nature of work against single work order, the intending tenderer should have executed as main or as sub-contractor during any of the last five year ending on 27.08.2015 i) 3 similar completed works each costing not less than ₹ 7.14 lakh OR ii) 2 similar completed works each costing not less than ₹ 9.51 lakh OR iii) 1 similar completed work costing not less than ₹ 11.89 lakh Detailed work order, completion certificate clearly specifying the details like description of work, executed value of work, starting & completion date of job shall be submitted with bid. The completion certificate submitted by the bidder shall separately indicate the Service Tax amount included in the value of completed job (OR) a separate certificate from the respective client, mentioning the Service Tax amount if any, included in the value of completed job under consideration should be submitted by the bidder. Incase service tax amount/component is not specified in the submitted completion certificate, then the amount equivalent to rate of applicable service tax for the subject tender shall be deducted from the value of completed job mentioned in the completion certificate to arrive at the value of completed job without service tax.
c) Similar Nature of work The similar nature of work shall be defined as: “Hiring of Vehicle”. 8 Special Instruction to
Tenderers Notwithstanding any other condition / provision in the tender documents, in case of ambiguity or incomplete documents pertaining to above mentioned Pre Qualification Criteria, bidders shall be given only one opportunity with a fixed deadline after bid opening to provide complete &
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unambiguous documents in support of meeting the Pre Qualification Criteria. In case the bidder fails to submit any documents or submit incomplete documents within the given time, the bidder’s tender will be rejected.
9 Copy of other documents to be submitted with Techno-commercial bid
1. PF code allotment letter. 2. PAN (Permanent Account Number) No. 3. Service Tax No. 4. Corresponding Annexure - A, B,C
11 Mode of submission Physical Bids are not accepted. Tender Document can be downloaded from https://iocletenders.gov.in and on line bids are required to be submitted with Digital signatures on the system. The Tenderers shall upload scanned copy of necessary documents in support of required qualification and experience along with their offer as per instruction given in the Special Instructions to Tenderers.
12 Others EMD to be paid by Demand draft/ Bankers Cheque/Pay Order/e-payment drawn in favour of Indian Oil
Corp. Ltd. (Pipelines Division) payable at State Bank of India, Paradip or payable at Paradip branch of any scheduled bank. The sealed EMD (DD/ Banker’s cheque/ Pay Order/e-payment (copy of e-payment receipt) shall reach on or before the time of opening of techno-commercial bid at the office of Technical Services Manager IOCL’s PHBPL, Paradip. Entity exempted from submission of EMD: As per MSMED Act, 2006 (or erstwhile NSIC Registered Parties), Central / State PSUs and JVs of IOC.
Tender issuing authority reserves the right to reject any or all of the tenders or any part of a tender so received and no compensation shall be paid. Reasons for rejection shall be disclosed on written representation by the concerned bidder whose bid is rejected.
In the event of any legal disputes arising out of the tender and/or contract shall be within the jurisdiction of Kujang (Odisha) courts only.
Micro and small Enterprises (MSEs) are eligible for purchase preference as per prevailing Govt. policy/Corporation policy.
The bidder, if is a Micro, Small or Medium enterprise as per the Micro, Small & Medium Enterprises Development Act, 2006 (MSMED Act 2006) and registered with the Authorities under the above Act for the items/services covered under this tender, then the party has to indicate the Entrepreneurs Memorandum Number and enclose a copy of the certificate issued by the Authorities under the Micro, Small & Medium enterprises Development Act 2006.
Place: Paradip Technical Services Manager Date: 27.08.2015 For more information please visit our website https://iocletenders.gov.in Distribution of NIT :
1) INDIAN OIL CORPORATION LIMITED : GM, PHBPL, PARADIP
PARADIP PORT TRUST, PARADIP/ IFFCO, PARADIP/ PARADIP PHOSPHATE LIMITED
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3) PRIVATE KNOWN BODIES
ESSAR STEEL LTD, PARADIP
REQUEST TO ARRANGE FOR DISPLAY ON NOTICE BOARD AT YOUR OFFICE.
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D E C L A R A T I O N
I/We have read thoroughly and understood the contents of the General Conditions of Contract. I/We fully understand that the above said General Conditions of Contract form a part of the Tender Documents. Signature of the Tenderer
D E C L A R A T I O N
1. I/We declare that I am / we are not relative of any Director of Indian Oil Corporation Limited. 2. In my/our Firm there is no Partner who is Director of Indian Oil Corporation Limited or any of his
relative is a Partner. Signature of Tenderer(s)
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SPECIAL INSTRUCTIONS TO TENDERERS
INDEX
CLAUSE NO.
DESCRIPTION
1.0.0 BRIEF DESCRIPTION
2.0.0 SITE VISIT
3.0.0 LOCAL CONDITIONS
4.0.0 TENDER DOCUMENT
5.0.0 PRICE OF TENDER DOCUMENT
6.0.0 SUBMISSION OF OFFER
7.0.0 CONSORTIUM BIDS
8.0.0 EARNEST MONEY DEPOSIT (EMD)
9.0.0 CRITERIA FOR EVALUATION
10.0.0 ADDENDA/ CLARIFICATION
11.0.0 VALIDITY OF OFFER
12.0.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDERS & CANCELLATION OF TENDER
13.0.0 AWARD OF WORK
14.0.0 CONFORMITY TO TERMS AND CONDITIONS OF BID DOCUMENT
15.0.0 CURRENCIES AND PAYMENT
16.0.0 PLACE OF PAYMENT
17.0.0 SPECIFIC REFERENCE TO GCC CLAUSES
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SPECIAL INSTRUCTIONS TO TENDERERS
1.0.0 BRIEF DESCRIPTION
1.1.0 Pipelines Division of Indian Oil Corporation Limited (IOCL), a Government of India Undertaking (hereinafter called as the Owner), owns and operates around 11,214 km km of pipeline network.
1.2.0 Indian Oil Corporation Limited, a company registered in India under the Companies Act, 1956, through its Technical Services Manager (Paradip Haldia Barauni Pipeline, Paradip) invites tenders under sealed covers from bona fide and experienced CONTRACTORS of financial standing and reputation for the following job(s): “ Providing vehicle (Bolero- 8 + 1 seater) for Finance and HR Department at PHBPL, Paradip”.
2.0.0 SITE VISIT
2.1.0 Paradip installation is located within the proposed Refinery at Paradip near Paradip Port area. It is located at about 125 km from Bhubaneshwar in ODISHA. The location is approachable by road, landrail from Bhubaneshwar.
2.2.0 The intending Tenderers shall be deemed to have visited the site and familiarized themselves thoroughly with the working conditions at the work site before submitting the tender. Non-familiarity with the site condition will not be considered a reason either for extra claims or for not carrying out the work in strict conformity with the specifications.
2.2.0 The tenderer may contact the following IOCL's site office for necessary guidance
and help during site visits. Senior Human Resource Manager / FM / SMNM Paradip-Haldia Barauni Pipeline P.O. Abhaychandrapur, Paradip, Odisha – 754142.
Phone :91-06722-226127;
3.0.0 LOCAL CONDITIONS
3.1.0 It will be imperative on each Tenderer to acquaint himself with all local conditions and factors which may have any effect on the execution of work covered under the scope of Tender document. The Tenderers are requested to familiarise themselves with the Indian Income Tax Act, Indian Companies Act, Indian Customs Act and other related Acts, Laws & Regulations of India with latest amendments as applicable. The successful Tenderer, to whom the work shall be awarded, shall arrange all necessary permissions / clearances on his own initiative and contingent costs thereto.
3.2.0 It must be understood & agreed that above factors have been properly investigated and considered while submitting the offer. No claim for financial or any other
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adjustments to contract price or completion time on account of lack of clarity of such factors, shall be entertained.
4.0.0 TENDER DOCUMENT
4.1.0 The tender documents include the following;
Volume No. Contents
Part-I
TECHNO-COMMERCIAL BID Special Instructions to Tenderers General Conditions of Contract (GCC) Special Conditions of Contract (SCC)
Part-II PRICE BID
Schedule of Rates (SOR)
4.2.0 Owner has hosted the complete tender document on the web site (https://iocletenders.gov.in) and has ensured its availability for downloading the full set comprising of the above. The tenderer is expected to download the complete tender document only from the above mentioned website i.e. https://iocletenders.gov.in, as per the index of the tender, fully read and understood the same and submit their acceptance to all tender terms and conditions except deviations, if any.
4.3.0 The tenderer is expected to examine the tendering documents, including all instructions, specifications and sketch/drawings in the tendering document. Failure to furnish all the information required by the tendering documents or submission of tender not substantially responsive to the tendering document in every respect shall result in the rejection of the tender.
4.4.0 Tenders shall be based strictly on the terms, conditions and specifications contained in the Tender document. Any deviation and exceptions taken to terms and conditions of the tender documents must be clearly listed out and submitted along with techno-commercial part of the offer as per proforma in Annexure-7
4.5.0 The Tender shall be submitted in “Two bid system” in two parts viz. PART-I (Techno-commercial Bid) and PART-II (PRICE BID) as detailed below through online mode only.
PART – I (Techno-commercial Bid)
: Technical and commercial aspects of the offer of the tender documents with NO PRICE indicated therein.
PART – II (PRICE BID)
: It shall be noted that this part shall contain only PRICES and no conditions whatsoever. Any condition mentioned in Part-II of the tender shall not be considered at the time of evaluation of the tender and
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may make the offer liable for rejection.
5.0.0 PRICE OF TENDER DOCUMENT
5.1.0 No Tender fee is applicable for this tender, since the bidders are required to download the tender documents from IOCL e-tender website (https://iocletenders.gov.in).
5.2.0 The tender documents shall remain the exclusive property of the Owner without any right with the Bidder to use them for any purpose except for the purpose of tendering and for use by the successful Bidder with reference to the work.
5.3.0 Any person/ bidder downloading the tender document from Owner’s web site or purchasing shall do so in strict confidence and shall not part with possession thereof or copy or disclose the provision thereof or any of them or disclose or take copies or tracings of any drawings, plans or routes forming part thereof, it being understood that the information therein are confidential and that the tender documents have been downloaded by the eligible bidder solely for the purpose of bidding.
6.0.0 SUBMISSION OF OFFER
6.1.0 Tenderers shall quote for the work subject to their meeting the criteria for evaluation specified in clause No. 9.0.0 hereafter.
6.2.0 Tenders shall be based strictly on the terms, conditions and specifications contained in the Tender document. Any deviation and exceptions taken to terms and conditions of the tender documents must be clearly listed out and submitted along with techno-commercial part of the offer.
6.3.0 All Amendments to tender documents issued by Owner subsequently, if any, must be signed and submitted on line along with the bid. The Tender submitted on line by the Tenderer shall take into account all such amendments. Submission of the information and details shall be done strictly in the manner described.
6.4.0 PRICE SHALL NOT APPEAR ANYWHERE IN PART – I OF THE TENDER. The price bid shall be submitted online only. Prices should not be submitted in a sealed envelope.
6.5.0 The bidders are required to upload the scanned copy of the following list of documents within the period of bid submission:
i) Tender forwarding letter duly signed by the authorized signatory.
ii) In the case of Consortium tender, duly signed and executed Memorandum of Understanding (MOU) indicating the name of the Leader of the Consortium, the roles and responsibilities of each of the parties.
iii) Power of Attorney or other proof of authority, in favour of the person who has signed the tender (or a copy thereof duly attested by a Gazetted Officer) as
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required by Clause 4.13 of Instructions to Tenderers of GCC.
iv) Earnest Money Deposit.
v) Duly attested Audited Balance sheets or certificate from Chartered Accountant along with Income Tax return for the last 3 (three) financial years. In case of Consortium, the Audited Balance sheets shall be furnished by all the consortium members.
vi) Information regarding the tenderer in the form annexed to the Form of Tender
vii) In case of Consortium, the Information About Tenderer shall be furnished by all the consortium members.
viii) Provident Fund Code Number (for Indian Bidders only) as per Clause 4.18 of General Conditions of Contract and ESI code allotment letter. In case of Consortium, the P.F. Code shall be furnished by all the Indian consortium members.
Parties not having PF code Allotment letter during submission of tender may submit along with the offer copy of application submitted to respective authorities, duly acknowledged by the Authority or give an undertaking that the PF Code will be obtained and submitted. Work order will not be issued unless PF Code is produced.
ix) Solvency certificate from a Scheduled bank in India or a reputed foreign Bank acceptable to the Owner. In case of Consortium, the Solvency Certificate shall be furnished by all the consortium members.
x) Details of experience meeting criteria for techno-commercial evaluation as per clause 9.0.0 along with relevant documents, such as duly attested copies of Work Order and Completion Certificate, supporting the claim.
xi) Exceptions/deviations pertaining to Instructions to Tenderers, General Conditions of Contract (GCC), Special Conditions of Contract (SCC) and other general tender conditions to be indicated only .
xii) Duly signed addendum, if any, issued to the tenderer at a later date.
xiii) Techno-commercial volumes of the tender documents, duly stamped and signed on each page.
xiv) Tenderer should have valid registration numbers for – PAN, Service tax, sales tax/VAT.
xv) Organisation chart giving details of field management at site, including bio-data of the Site-in-Charge and key personnel as per format at Annexure-II.
xvi) Information about tenderer’s experience related to works during the last 5 years.
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xvii) Details of present commitments of work, indicating contract value, details of work, date of commencement, %age of work completed, scheduled and anticipated date of completion alongwith contact address / Phone / Fax / E-mail ID of the clients.
xviii) Exceptions/deviations pertaining to Specifications, if any, to be indicated only .
6.5.0 The tenderer shall quote firm prices in the price schedule. The bid prices shall conform to the provisions of Clause No. 15.0.0, Currencies & payments, amplified hereunder.
6.6.0 i) All duties, taxes and other levies including cess on all duties, VAT, taxes and other levies (excluding service tax & cess thereon) payable by the contractor under the Contract, shall be included in the rate and prices submitted by the bidder.
ii) The price offer for the subject work shall exclude service tax as applicable under Finance ACT, 1994 and subsequent amendments thereto. The bidder shall indicates in its bid the service Tax registration number and in case of service tax registration number is not obtained, the bidder will give confirmation for obtaining registration with a copy of application for registration.
6.7.0 Bids complete in all respects should be submitted on or before due date and time of Last date of Bid submission. The Bids submitted on line in IOCL’s E-tendering site https://iocletenders.gov.in will only be considered for evaluation. Physical Bids sent through Fax / E-mail / Courier / Post will not be accepted.
6.7.0 Tender documents as submitted by tenderer shall become the property of OWNER and OWNER shall have no obligation to return the same to the tenderer.
6.8.0 Owner shall not be liable for any obligation until such time Owner has communicated to the successful tenderer its decision to entrust the work.
6.9.0 INSTRUCTIONS TO BIDDERS FOR PARTICIPATION IN E-TENDERING
6.9.1 Indian Oil Corporation Ltd. has developed a secured and user friendly system which will enable Vendors/Bidders to Search, View, Download tenders directly from Indian Oil Corporation Ltd., secured website and also enables them to participate & submit Online Bids on the e-tendering site https://iocletenders.gov.in directly from the website in secured and transparent manner maintaining confidentiality and security throughout the tender evaluation process and award.
6.9.2 All interested bidders are requested to register themselves with the portal indicated above and enroll their digital certificate with the user id for participation in the tender.
6.9.3 Bidders are requested to read following conditions in conjunction with various conditions, wherever applicable appearing with this bid invitation for e-Tendering..
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6.9.4 How to submit On-line Bids / Offers electronically against E-tendering?
6.9.4.1 Vendors / Bidders are advised to read the following instructions for participating in the electronic tenders directly through internet:
i) Late and delayed Bids / Offers after due date / time shall not be permitted in E-tendering system. No bid can be submitted after the last date and time of submission has reached. (However if bidder intends to revise the bid already submitted, they may change / revise the same on or before the last date and time of submission of bid). The system time (IST) that will be displayed on e-tendering web page shall be the time and no other time shall be taken into cognizance.
ii) Bidders are advised in their own interest to ensure that bids are uploaded in e-tendering system well before the closing date and time of bid.
iii) No bid can be modified after the dead line for submission of bids.
iv) No Manual Bids / Offers along with electronic Bids / Offers shall be
permitted.
6.9.5 What is a Digital Signature?
This is a unique digital code which can be transmitted electronically and primarily identifies a unique sender. The objective of digital signature is to guarantee that the individual sending the message is who he or she really claims to be just like the written signature. The Controller of Certifying Authorities of India (CCA) has authorized certain trusted Certifying Authorities (CA) who in turn allot on a regular basis Digital Certificates, Documents which are signed digitally are legally valid documents as per the Indian IT Act (2000).
6.9.6 Why is a Digital Signature required?
In order to bid for Indian Oil e-tenders all the vendors are required to obtain a legally valid Digital Certificate as per Indian IT Act from the licensed Certifying Authorities (CA) operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India. The Digital Certificate is issued by CA in the name of a person authorized for filing Bids / Offers on behalf of his Company. A Vendor / Bidder can submit their Bids / Offers On-line only after digitally signing the bid / documents with the above allotted Digital Signatures.
6.9.6.1 Bidders have to procure Digital Certificate (Class 2 / 3) on their own from any of the Certifying Authorities in India.
7.0.0 CONSORTIUM BIDS
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7.1.0 Bids submitted by a Consortium of two or more companies as members shall comply with the following requirements:
(a) Detailed Memorandum of Understanding / Consortium agreement, clearly indicating the roles and responsibilities of each member of the Consortium, shall be submitted along with the offer. In case, the Consortium is awarded the work, a duly executed and Notarised Consortium Agreement shall be submitted before signing of Contract agreement with the Owner.
(b) The Consortium shall nominate one of their members to act as Leader of the Consortium and in case the Consortium is awarded the work, all correspondence in respect of the Contract, if any, shall be done with the Leader of the Consortium only.
(c) The tender shall be signed by an authorised representative of consortium members and submitted so as to be legally binding on all the members jointly & severally. This authorization shall be evidenced by submitting a power of attorney signed by legally authorised signatories of all the Consortium members.
(d) Each and every member of the Consortium shall jointly execute the Contract agreement with the Owner for legal binding.
(e) Each and every member of the Consortium shall be jointly and severally responsible for successfully execution of work.
(f) The Consortium leader shall be authorised to incur liabilities and receive instruction for and on behalf of all members of the Consortium including payments which shall be done exclusively with the Leader. However, payments shall be made in line with the modalities enlisted hereunder vide Clause No. 15.0.0 ‘Currencies & Payment’.
(g) It is specifically agreed by the Consortium members that in the event of the Leader of the Consortium running into any financial problem and/ or otherwise fails to comply with any of Leader's obligations under the Contract at any time, other members shall fully undertake total responsibility to provide all necessary financial resources for the project and shall comply with all the obligations of the Leader under the Contract, in addition to the other partner’s own obligations, for completing the project in time, without prejudice to the joint and several responsibilities of all members and Leader.
7.2.0 A Consortium once established at the time of submitting the bid shall not be allowed to be altered with respect to constituting members of the Consortium or their respective roles/ scope of work, except, if and when approved by Owner.
7.3.0 A Consortium once established at the time of submitting the bid shall not be allowed to be altered with respect to the Leader of the Consortium or its roles/ scope of work.
7.4.0 All dealing with, and /or acts, deeds, matters and things done by or negotiated by a person appointed or nominated by the Consortium as aforesaid shall be binding
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upon the Contractor and each member of the Consortium and insofar as the Owner shall require to discharge in respect of any dealing and or act, deed, matter or thing done or payment made as aforesaid, the same constitute a valid discharge to the Owner.
8.0.0 EARNEST MONEY DEPOSIT (EMD)
8.1.0 The EMD amount for this tender is ₹ 25,200/- ( Twenty five thousand and two hundred only)
8.2.0 The tenderer shall, as a condition for the consideration of the tender, pay the sum specified as EMD through Bank Draft/ Banker’s cheque/Pay order drawn in favour of Indian Oil Corporation Limited (Pipelines-Division), Paradip. The EMD shall be reached to office of Technical Services Manager, IOCL, PHBPL, Paradip on or before the tender opening time, failing which tender is liable for rejection.
8.3.0 EMD may also be deposited through e-payment directly in the IOC account and receipt shall be uploaded along with the Techno-commercial Bid.
Account no – 108 7214 6862 IFSC Code: SBIN0003945. Indian Oil Corporation Limited, Pipelines Division State Bank of India; Paradip Main Branch
SBI MICR NO. 754002003 9.0.0 CRITERIA FOR EVALUATION
9.1.0 Evaluation of the tenderer shall be primarily done based on the following qualifying criteria:-
(A) Experience (Technical): Completed value of similar nature of work (as defined in NIT) against single work order, the intending tenderer should have executed as main or as sub-contractor during any of five preceding financial years ending on ending on 27.08.2015
i) 3 similar completed works each costing not less than ₹ 7.14 lakh OR
ii) 2 similar completed works each costing not less than ₹ 9.51 lakh OR
iii) 1 similar completed work costing not less than ₹ 11.89 lakh
(B) Financial criteria: Annual turnover of the tenderers for at least one of the last 3 (three) financial years shall not be less than ₹ 7.54 lakh (₹ Seven lakh and Fifty four thousand Only).
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In the case of Consortium, the Leader of the Consortium will have to meet the experience criteria mentioned at (A) above. Any one of the consortium members may satisfy the Financial criteria in (B).
In the case of offers from Joint Venture Company, any of the partners of the Joint Venture Company will have to meet the experience criteria mentioned in (A) and any one of the partners will have to meet the financial criteria in (B).
9.2.0 Notwithstanding any other condition / provision in the tender documents, in case of ambiguity or incomplete documents pertaining to above mentioned Pre Qualification Criteria, bidders shall be given only one opportunity with a fixed deadline after bid opening to provide complete & unambiguous documents in support of meeting the Pre Qualification Criteria. In case the bidder fails to submit any documents or submit incomplete documents within the given time, the bidder’s tender will be rejected
9.3.0 Besides the above, the offer shall also be evaluated keeping in view the Tenderer’s present commitment, deployment capability of specified equipment & manpower, past work experience of executing similar activities and capabilities of the sub-contractors proposed for this works and their confirmation about their ability to strictly adhere to the proposed completion schedule.
9.4.0 In addition to the above the performance of party/ongoing work execution for
IOCL if any shall have important bearing in evaluating the bidder’s techno-commercial capability.
9.5.0 Bidder to note that the issuance of the tender document is not to be construed as the qualification for the tendered work. While bidding, prospective bidder(s) shall ensure on their own that the above qualifying criteria have been fully understood and complied with and the same shall be evaluated based on the documents submitted with their offer in line with tender conditions.
10.0.0 ADDENDA/ CLARIFICATION
10.1.0 Corrigendum/ Addenda/ Clarifications may be issued prior to the date of opening of the tender to clarify issues arising out of various queries/ clarifications relevant to the tender documents from tenderers or to reflect modification in the design or contract terms. Such addendum/ addenda shall be issued to each party at the E-mail ID furnished while registering with the Indian Oil e-tendering site https://iocletenders.gov.in for downloading the tender document. Each recipient shall retain one copy of such corrigendum/ addendum/ addenda for submission along with the tender in acknowledgement of receipt thereof. All such addendum issued shall form part of the tender document.
10.2.0 If a party does not view / fails to view the corrigendum/ addenda / clarification hosted on the website while registering with IndianOil e-tendering site https://iocletenders.gov.in on any accounts whatsoever and their offer is without considering the corrigendum / addenda / clarification, then owner may
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reject the offer.
11.0.0 VALIDITY OF OFFER
11.1.0 Tender submitted by the tenderer shall remain valid and open for acceptance for a period of 4 (four) months from the date of opening of Techno-commercial part of the tender.
11.2.0 In exceptional circumstances, prior to expiry of the original bid, the owner may request the Bidder for a specified extension in the period of validity. The request and the responses thereto shall be made in writing or by fax/ e-mail. A Bidder may refuse the request without forfeiting his bid security. A Bidder agreeing to the request will not be permitted to modify his bid, but will be required to extend the validity of his bid security correspondingly. The provisions of discharge and forfeiture of bid security shall continue to apply during the extended period of the bid validity.
12.0.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDERS & CANCELLATION OF TENDER
12.1.0 Tender issuing authority reserves the right to reject any or all of the tenders or any part of a tender so received and no compensation shall be paid. Reasons for rejection shall be disclosed on written representation by the concerned bidder whose bid is rejected
12.2.0 Tenders in which any of the particulars and prescribed information are missing or are incomplete in any respect and/or the prescribed conditions are not fulfilled, shall be considered non-responsive and are liable to be rejected.
12.3.0 The tender shall be completely filled in all respects and shall be tendered together with requisite information and annexures. Any tender incomplete in particulars shall be liable to be rejected.
12.4.0 The tenders are also liable for rejection in following events : 1. Tenders with deliberately furnished wrong information. 2. Not meeting pre-qualification criteria. 3. Non furnishing required details in time. 4. Vendor not having PAN card. 5. Vendor does not submit requisite EMD amount. 6. Conditional tender. 7. Tender from Holiday listed party
12.5.0 After opening of the Bid, no suo motto reduction in price by the tenderers will be permitted within the validity period of the offers except from the lowest tenderer. In case of any suo motu reduction by the tenderer other than lowest, the concerned tender shall be liable for rejection.
12.6.0 Cancellation of tender: 12.6.1 Tender issuing authority reserves the right to cancel/ annul the tender at any time
before the finalization of tender.
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13.0.0 AWARD OF WORK
13.1.0 The tenders received and accepted will be evaluated by Owner to ascertain the relative position of the best-evaluated techno-commercially acceptable lowest quoted tender in the interest of owner, for the work covered by the Tender documents.
14.0.0 CONFORMITY TO TERMS AND CONDITIONS OF BID DOCUMENTS 14.1.0 Bids shall be based strictly on the terms, conditions and specifications contained in
the Bid documents.
15.0.0 CURRENCIES AND PAYMENT
15.1.0 Tenderers shall quote their prices in Indian Rupees (₹)only.
15.2.0 All payments will be made through E-payment mode in Indian Rupees ((₹) only. In case tenderers are required to pay any amount in foreign exchange to their sub-Contractor or for any imported items, necessary arrangement for such foreign exchange payment shall be made at their end.
15.3.0 The format for vendor details is enclosed herewith. The contractors have to submit their bank details at the time of submission of bid.
15.4.0 In the case of Consortium tenders, the payments shall be released only to the Leader of the Consortium.
16.0.0 PLACE OF PAYMENT
16.1.0 All the payments shall be released from the office of the General Manager, Indian Oil Corporation Ltd. (Pipelines Division), Paradip (Odisha).
17.0.0 SPECIFIC REFERENCE TO GCC CLAUSES
17.1.0 The following document(s) as stated in clause No. 4.8 of Instructions to Tenderers (Page-81) & Form of Tender (Page 94) of General Conditions of Contract are not required to be submitted with the bidder’s offer.
(a) Income Tax Clearance Certificate (in the case of Indian Bidders)
17.2.0 In the form of tender for price bid (page-91), commercial bid (page 93) and Format for Bank Guarantee in lieu of Earnest Money Deposit (page 100-102) of GCC, the following changes may be incorporated while submitting the bid:
As per GCC To be changed as
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Page-91 & 93 (Form of Tender – Price bid/ Commercial bid) To, Indian Oil Corporation Ltd. (Refineries/ Pipelines Division) ______ Refinery/ Project)
To, Indian Oil Corporation Ltd. (Pipelines Division) Indian Oil Bhawan A-1, Udyog Marg, Sector-1, Noida (U.P.)
Page-100 (format for BG in lieu of EMD) To, Indian Oil Corporation Ltd. (Refineries Division)
To, Indian Oil Corporation Ltd. (Pipelines Division) Indian Oil Bhawan A-1, Udyog Marg, Sector-1, Noida (U.P.)
Page-100 (format for BG in lieu of EMD) In consideration of Indian Oil Corporation limited (Refineries / Pipelines Division)..
In consideration of Indian Oil Corporation limited (Pipelines Division) …….
Page-103 (format for BG in lieu of SD) To, Indian Oil Corporation Ltd. (Refineries Division)
To, Indian Oil Corporation Ltd. (Pipelines Division) Indian Oil Bhawan A-1, Udyog Marg, Sector-1, Noida (U.P.)
Page-103 (format for BG in lieu of SD) In consideration of Indian Oil Corporation limited (Refineries / Pipelines Division) ..
In consideration of Indian Oil Corporation limited (Pipelines Division) …….
The following clauses are to be read along with Clause 8.1.0.0 Taxes, in General Conditions of Contract
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I N D E X SPECIAL CONDITIONS OF CONTRACT (SCC)
Clause No. Description
1.0.0 GENERAL
2.0.0 SCOPE OF WORK
3.0.0 WATER & POWER SUPPLY
4.0.0 TIME OF COMPLETION
5.0.0 MEASUREMENT AND PAYMENT
6.0.0 CONDITIONS OF WORK
7.0.0 SETTING OUT OF THE WORKS
8.0.0 ARBITRATION AND JURISDICTION
9.0.0 PERSONAL ACTS AND LIABILITIES
10.0.0 SAFETY & POLLUTION CONTROL
11.0.0 ADHERENCE TO SAFETY PROCEDURES AND PRACTICES
12.0.0 INDEMNITY
13.0.0 RESTRICTION OF VISITORS
14.0.0 FORCE MAJEURE
15.0.0 TAXES , LABOUR LAWS & OTHER REGULATIONS
16.0.0 SCHEDULE OF RATES
17.0.0 SUFFICIENCY OF TENDER
18.0.0 NON-ASSIGNABILITY
19.0.0 LOCAL REPRESENTATION
20.0.0 DEFECT LIABILITY PERIOD
21.0.0 SPECIAL ATTENTION TO TENDERERS
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SPECIAL CONDITIONS OF CONTRACT
1.0.0 GENERAL
1.1.0 Special Conditions of Contract (SCC) shall be read in conjunction with the General Conditions of Contract (GCC), specifications of work, drawings and other documents forming part of this contract wherever the context so requires.
1.2.0 Notwithstanding the sub-division of the documents into these separate parts and volumes, every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the contract in so far as it may be practicable to do so.
1.3.0 Where any portion of the GCC is repugnant to or at variance with any provision of the SCC, then the provision of the SCC shall be deemed to override the provisions of the GCC and shall, to the extent of such repugnance or variations, prevail.
1.4.0 Wherever it is mentioned in the specifications that the Contractor shall perform certain works or provide certain facilities, it is understood that the Contractor shall do so at his own cost, being deemed to be part of the relevant item in the Schedule of Rates (SOR) whether expressly stated or not.
1.5.0 The materials, design and workmanship shall satisfy the relevant Indian Standards, the specifications contained herein and codes referred to. Where the specifications stipulate requirements in addition to these contained in the standard codes and specifications, these additional requirements shall also be satisfied.
2.0.0 SCOPE OF WORK
2.1.0 The scope of work covered by this tender document shall include but not limited to the following types of jobs, in general:
“To provide, operate and maintain diesel driven two wheel drive Jeep model not earlier than April.2015 (Bolero-plus, 8+1 seater) at Paradip-Haldia-Barauni Pipeline, Paradip as per Vehicle Specifications for two year period”.
2.2.0 The work comprises of providing 2 (Two) vehicles, both of them working 10 hrs a day
2.3.0 The job shall be inclusive of all materials (consumables & other), tools and appliances, including all wages of drivers, crew and competent supervisors as required, taxes etc.
2.4.0 Bidder has to submit documentary evidence in support of his Pre-qualification criteria.
2.5.0 The detailed specification of work is given in the Technical Specification of deployment of vehicle, in the next section.
3.0.0 DEFINITIONS
3.1.0 “Corporation” or “Owner” shall mean the Indian Oil Corporation Limited, a company registered in India under the Indian Companies Act 1956, having its registered office at G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai – 400051, with the head office
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of its Pipelines at A-1, Udyog Marg, Sector-1, NOIDA-201301, with the office of its Paradip Haldia Barauni Crude Oil Pipeline at Abhaychandrapur, Paradip-754142.
3.2.0 “Contractor” shall mean the tenderer selected for providing Transport Services by way of supplying vehicles on contract basis under the terms and conditions of this tender document and shall include the successors and permitted assigns of the contractor.
3.3.0 “Vehicle Base” means the place to which the vehicle is attached. Vehicle base may change from time to time as per requirement. Presently the vehicle base shall be at our office premises at Paradip Haldia Barauni Crude Oil Pipeline.
3.4.0 “Pipeline route” means the Right of Way acquired by the Corporation for laying the cross country pipeline which has rough terrain including wasteland, agricultural land, river bed and nallahs, etc.
3.5.0 “Engineer in Charge” shall mean the Officer/Engineer for the time being nominated by the owner for the purpose of executing the contract or any work covered thereunder.
4.0.0 PERIOD OF CONTRACT
3.1.0 The contract shall be valid for a period of Two year from date of clearance by Engineer-in-Charge in this respect.
3.2.0 The contract may be extended for another one year or term based on the same rate, terms & conditions upon mutual consent.
3.2.0 The contract may be terminated as per General Conditions of Contract.
3.3.0 Total completion period mentioned above shall be inclusive of mobilization period.
5.0.0 MEASUREMENT AND PAYMENT
5.1.0 In addition to stipulations mentioned in Technical Specifications and Schedule of Rates, the following sub-clauses shall also apply for determination of mode of payment.
5.2.0 Payment to the contractor shall be made only by e-Payment mode. Tenderers are required to furnish bank details such as A/C name, A/C No. Branch, Branch code, IFSC code etc) along with a copy of recently cancelled cheque in the given format.
5.3.0 All taxes like Income tax, Sales tax and any other Government taxes applicable during the currency of contract shall be deducted from the contractor’s running bills.
5.4.0 In case of non-performance by the contractor or in the event of owner required to terminate the contract for the reason attributed to the contractor, the ISD will be forfeited.
5.5.0 If any penalty is imposed on the contractor due to any act whatsoever within the purview of the clauses of the tender, the same shall be deducted from the RA bill of the Contractor.
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6.0.0 CONDITIONS OF WORK
6.1.0 In addition to the provisions of relevant clauses of GCC and other associated clauses thereunder, the contractor is required to operate the vehicle throughout the year in all weather conditions.
6.2.0 The vehicles are required to be plied in all types of roads, whether metalled or Murram or normal village pathway. No extra claim will be applicable other that entitled under SOR.
6.3.0 The vehicle(s) and their drivers should be ready to perform duty as instructed and as per requirement of IOCL. The duty hour is 10 hr with 1hr recess in between, from 08:00hr to 19:00hr, however the timing of duty hour may change according to the need of the corporation.
7.0.0 SETTING OUT OF THE WORKS
7.1.0 The Contractor shall be responsible for the operating and maintaining the vehicles in proper condition including providing fuel etc at the right time so that no work is disrupted or delayed.
7.2.0 The Contractor is also responsible to provide the vehicle and manpower as per specifications detailed elsewhere in the tender.
7.3.0 The acceptance of vehicle and the associated manpower is at the full discretion of Engineer-in-Charge.
8.0.0 ARBITRATION AND JURISDICTION
8.1.0 In the event of any dispute or difference between parties regarding the contract or any matter relating to it, the General Manager, Indian Oil Corporation Ltd., Paradip Haldia Barauni Crude Oil Pipeline , Abhaychandrapur, Paradip-754142 (Odisha) shall be the final authority to decide regarding subject matter of arbitration.
8.2.0 Not withstanding any other court or courts having jurisdiction to decide the question(s) forming the subject matter of the reference if the same had been the subject matter of a suit, any and all actions and proceedings arising out of or relative to the contract (including any arbitration in terms thereof) shall lie only in the court of competent civil jurisdiction in this behalf at Kujang and only the said court(s) shall have jurisdiction to entertain and try such action(s) and/or proceedings to the exclusion of all other courts.
9.0.0 PERSONAL ACTS AND LIABILITIES
9.1.0 Any money paid to any director, attorney, agent, officer or employee of the Contractor and any receipt, settlement, acknowledgement of liability or other arrangement, agreement or document whatsoever signed by any such director, attorney, agent, officer, or employee of the Contractor or erstwhile director, attorney, agent, officer or employee of the Contractor (without notice of his cessation of interest) or by any person held out to be a director, attorney, agent, officer or
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employee of the Contractor authorised to act on behalf of and/or to bind the Contractor, be binding upon the Contractor and shall constitute a full release and discharge to the Owner and/or settlement, acknowledgement or obligation of, upon or with the Contractor, as the case may be, and the Owner shall not be concerned with the actual application of any money so paid or of the actual authority of such director, attorney, agent, officer or employee (actual, erstwhile or purported as the case may be) vis-à-vis the company to make the settlement, receipt, acknowledgement, agreement or other document concerned.
10.0.0 SAFETY & POLLUTION CONTROL
10.1.0 In addition to the provisions of relevant clauses of GCC, the Contractor shall take all reasonable precautions to avoid pollution or contamination of the air, land or water arising out of the performance of the work. Should there be a discharge or escape of appreciable quantity of pollutants or contaminants during performance of its obligations under this contract which occurs as a result of activities of the Contractor or its sub-contractor, the Contractor shall immediately take all necessary actions to contain, control, recover or disperse the substance and to eliminate the safety and environmental risks and correct the damage resulting therefrom.
10.2.0 The use of spark arrestor in the exhaust of vehicle shall be ensured, whenever the vehicle is in Pipeline installation
11.0.0 ADHERANCE TO SAFETY PROCEDURES AND PRACTICES
11.1.0 With a view to improve the safety aspects of execution of the job based on the job requirements following penalties will be imposed for violation/non-adherence of safety procedures, as applicable from time to time in the present contract:
Sl No.
Nature of Violation Penalty
a For non use of PPE (Personal Protective Equipment)
Rs. 1000/- per occasion
b Working without clearance Rs. 5000/- per occasion
c* Violation of applicable safety, health and environment related norms
Rs. 5000/- per occasion
d Violation of applicable safety, health and environment related norms resulting in
(i) Any physical injury 0.5% of the contract value (maximum of Rs. 2 lakh) per injury + Rs. 5000/-
(ii) Fatal accident 1% of the contract value (maximum of Rs. 10 lakh) per fatality + Rs. 5000/-
e Hot work without proper Clearance / permit Rs. 10000/- per occasion f Non Display of name board / Permit etc. Rs. 500/- per occasion g Non fencing of excavated area in operating
station Rs. 1000/- per occasion
h Non-protection of deep excavation by way Rs. 10000/- per occasion
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of shoring and strutting. i Over speeding of jeep / bus etc. in operating
station Rs. 1000/- per occasion
j Inadequate or non-availability of First Aid Box
Rs. 500/- per occasion
*Aforesaid penalty clause is over and above, the applicable statutory requirements.
In case of accidents depending on the seriousness of injury etc. in addition to the hospitalisation/ Treatment charges and Group insurance amount, compensation shall be paid by the Contractor to the affected person/ his family members in presence of Engineer-in-charge as per Workmen Compensation Act.
12.0.0 INDEMNITY
12.1.0 The contractor shall indemnify and keep indemnified the Corporation and its every member, officer and staff against all actions, proceedings, claims, costs and expenses whatsoever in respect of or arising out of any failure or default by the contractor in due performance of his obligations under this contract.
13.0.0 RESTRICTION OF VISITORS
13.1.0 The Contractor shall not allow any of his visitors on the work or office premises or the sites without approval of the Engineer-in-Charge and/or Site Engineer.
14.0.0 FORCE MAJEURE
14.1.0 In partial modification to the relevant clauses of GCC, Local “Bandh” or “Cyclone” shall be included in “FORCE MAJEURE”.
15.0.0 TAXES, LABOUR LAWS AND OTHER REGULATIONS
15.1.0 The contractor shall be fully and exclusively responsible for the payment (and liable for all consequences in the event of default) in case of any and all taxes now or hereafter imposed, increased, or modified from time to time in respect of the above job and all contribution and taxes for unemployment compensation, insurance and old age pensions and amenities now or hereafter imposed by any law of the Government / local bodies which are imposed with respect to or covered by the wages, salaries or other compensation paid to the persons employed by the Contractor. The Corporation shall have no liability whatsoever concerning the employees of the Contractor.
15.2.0 The Contractor shall keep the Corporation indemnified against all losses or damage or liability arising out of or imposed in the course of employing the persons or out of his relation with his employees. The Contractor shall make regular and full payment of wages / salaries including overtime, night halt allowance as per rules in force and any other payments due to his employees and furnish necessary proof whenever required by the Corporation.
15.3.0 The contractor shall comply with all Acts, Laws and regulations applicable to the area with regard to the performance of work including but not limited to the Minimum wages Act, Contract Labour (Regulation and Abolition) Act, Factory Act, workmen’s compensation Act, Payment of wages Act, Bonus Act, Employee’s Provident Fund
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Act etc. and such other applicable central / state Acts from time to time and shall take such steps as may be deemed necessary in this regard.
15.4.0 Minimum wage to the personnel under the contract, as decided by the State Government from time to time, shall be paid by 10th of every month and records maintained, including other payments like overtime, night halt charges, bonus etc. If acceptable, payment to the contract personnel may be made by a/c payee cheque. The payment record should be readily available and if asked for, at any time the same shall be produced for verification.
15.5.0 Personnel engaged to drive the vehicle should be paid as per Minimum wages payable to contract personnel in Paradip,Odisha. Drivers of the vehicles are to paid under Skilled category. Whenever there is revision in minimum wages, the revised wages are to be paid by the contractor.
15.6.0 It is assumed that the personnel engaged under this contract shall be given one paid holiday in a week.
15.7.0 The contractor must fulfil obligation viz EPF/ESI etc. PF amounts shall be deposited in the Drivers’ names and monthly challan for the same are to be submitted along with monthly RA bills.
15.8.0 The contractor shall at his own cost and initiative take out and maintain at all times up to the conclusion of the contract, insurance policies in respect of workmen engaged by him for providing services under this tender, in order to keep himself as also the Corporation fully indemnified from and against all claims whatsoever including but not limited to those arising out of the provisions contained in Employee’s compensation Act 1923.
15.9.0 Should the contractor fail to take out / or keep afoot insurance as provided for in the foregoing paragraph, the Corporation shall be entitled (but without any obligation to do so) to tackle out and / or keep afoot such insurance at the cost and expense of the contractor and without prejudice to any other rights or remedies of the Corporation in this behalf, to deduct the sum(s) incurred thereof from any amount due to the contractor.
15.10.0 The contractor shall defend, indemnify and hold the corporation harmless from any liability or penalty which may be imposed by the Central, State or local authorities by reason of any regulations or requirements and also from all claims, suits arising out of or by reason of the work provided by this contract including any liability that may arise out of accident whether brought by the employees of the Contractor or by the third parties or by the Central or State Government authority or any sub-division thereof.
15.11.0 Contractor shall not employ any driver below the age of 23 years. For any infringement of these provisions, the Owner shall be at liberty to rescind the Contractor without any liability to pay any compensation whatsoever to the contractor.
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15.12.0 The workmen employed by the Contractor shall have no relation whatsoever with Indian Oil Corporation Ltd., (Pipelines Division).
15.13.0 The Owner may instruct the contractor to furnish proof of having made payments to the workmen or ask the contractor to make such payment in the presence of their representatives as and when desired.
15.13.0 INCOME TAX
Income Tax along with surcharge of Income Tax as applicable at the prevailing rate on the gross amount billed shall be deducted from the Contractor's bill as per applicable laws. Present rate is 2% .
15.14.0 SALES TAX ON WORKS CONTRACT
The sales tax/VAT on works contract shall be deducted from the Contractor’s bills as per applicable rules of state government. The tenderer shall be deemed to have included such sales tax/VAT & cess thereon in their offer. The tenderer shall get their name registered with Salex tax/VAT authority of the state government. Present rate is 4%.
15.15.0 SERVICE TAX
15.15.1 The price offer for the subject work shall exclude service tax as applicable under Finance act, 1994 and subsequent amendments thereto. The bidder shall indicate in its bid the service tax registration number and in case the service tax registration number is not obtained, the bidder will give confirmation for obtaining registration with a copy of application for registration.
15.15.2 Bidders are required to clearly indicate the rate of service tax considered for this job after abatement, if any, in the format given below and to be submitted along with techno-commercial bid which shall be used in evaluation of price part of bid.
(Table indicating different options available under service tax rules has been attached as Annexure-“M” for reference.) Bidders to note that prices quoted for the subject work shall be exclusive of the applicable service tax.
Type of service as per Finance
Act 1994
Normal rate of Service Tax
Availment of any
exemption /abetment
Rate of service tax under abetment scheme (to be
charged on value submitted in price
part of bid)
Whether CENVAT on inputs/input services/capital
goods (as applicable. Refer
Table at Annexure “M”) to be claimed
( Yes/No)* Supply Composite works Services *Service tax on the abated value is applicable wherever the service provided has not availed any CENVAT credit on inputs/input services/capital goods (as applicable, refer reference table at Annexure-“M”). Therefore, in case of contractor opts for abatement scheme, contractor has to furnish a certificate confirming that CENVAT credit has not been availed on inputs/input services/capital good.
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Annexure-“M”
Reference table on service tax composite part with abatement
Sl. No. Taxable
portion of total value of
contract
Effective rate of service Tax
including Cess and HSEC
Applicable services
1 100% 14% For all type of composite contract which is not covered under any of the following
categories and Vendor is claiming CENVAT Credit on Inputs
2 40% 5.6% For all type of new constructions, additions or alteration jobs, erection commissioning or installation of plant, machinery or equipment or structure where service provider is not availing CENVAT credit on inputs
3 70% 9.8% Repair and Maintenance of machinery, equipment or appliances, software where service provider is not availing CENVAT credit on inputs
4 40% 5.6% Renting of motor vehicle where the contractor is not availing CENVAT credit on inputs, input services and capital goods and there is no separate reimbursement on account of fuel. In other cases serial (1) is applicable.
5 100% 14% Renting of motor vehicle where the contractor is availing CENVAT credit on inputs, input services and capital goods and the cost of fuel is added into the total value of contract.
6 30% 14% For railway freight. CENVAT credit is not availed by the service provider on the input, capital goods and input services
7 30% 4.2% For GTA ( Road Transport Operator )service. CENVAT credit is not availed by the service provider on the input, capital goods and input services
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8 30% 4.2% For transport of goods through vessel ( voyage charter). NO CENVAT credit on inputs, capital goods & input services
9 100% 14% Transport of goods through vessel ( time charter)
10 100% 14% Air Fright
11 60% 8.4% Outdoor catering ( including canteen) if the above is composite in nature and service provider is not availing CENVAT credit on inputs
12 100% 14% Catering contract ( including canteen) where VAT is paid on food items and contractor is claiming separate service charge or if the contract is composite in nature and the contractor is availing CENVAT credit on inputs.
13 100% 14% Manpower supply Service/ private security service when provided by individual/HUF/partnership firm to a body corporate.
14 100% 14% Housekeeping/ Cleaning services ( not applicable on consumables supplied )
15 100% 14% Horticulture services ( not applicable on material supplied)
16 100% 14% Non-Comprehensive AMC service ( no replacement of defective components under the work order )- Not treated as works contracts.
17 100% 14% Any other service not specified elsewhere
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Note:
(1) Above annexure has been attached as a reference table only and in case of dispute, service tax rate(s) as quoted by the bidder limited to the respective rates as per latest Act shall prevail.
(2) Bidders are requested to ascertain the applicable effective rate of service tax applicable on the quoted price on this job and quote accordingly and the same shall be used in evaluation of bids.
15.15.3 Bidders to note that prices quoted for the subject work shall be exclusive of applicable service tax and their offer shall be evaluated in regard to their declaration of service tax as follow:
15.15.3.1 Rates as quoted by the bidder shall be shall be considered for evaluation of the bids. The declaration regarding service tax submitted with the bid shall be treated as final and no communication/ correspondence shall be entertained from the bidder after opening of the techno-commercial bids.
Further, in case of entities other than companies or business entity registered as body corporate where reverse charge mechanism is applicable, for evaluation purposes, the service tax implication shall be worked out based on sum of the following:
(i) For the value on which service provider(bidder/contractor) is liable to pay service tax, amount of service tax calculated based on rates quoted by the bidder, and
(ii) For the value on which service receiver (owner) is liable to pay service tax based on rates as determined by the owner, i.e. for supply @0%, for services @14%, for composite @5.6% (without adding any value of material issued by the owner to the contractor) and AMC services @9.8%. These rates are subject to change as notification of Govt. Of India issued from time to time.
Payment of service tax will be made in accordance with the invoice (s) raised by the contractor, limited to the rate considered during evaluation, as above.
15.15.3.2 Bidders to note that, in case of non-submission of service tax rates or submission
of blank service tax formats etc. with the techno commercial offer, evaluation of the bid shall be done by loading service tax @14% on all items of SOR other than supply items. Payment of service tax will be made in accordance with the invoice (s) raised by the contractor, limited to the rate considered during evaluation, as above.
15.15.3.3 As mentioned at cl 15.15.1 above, the quoted price shall be exclusive of service tax.
However, if a bidder is found to have quoted prices inclusive of service tax in the techno-commercial bid, the owner reserves its right to bifurcate the quoted prices into basic price and service tax based on: (i) Service tax rates quoted by the bidder or in the absence of such information. (ii) Service tax rates as determined by the owner, i.e. for supply @0%, for services @14%, for composite @5.6% (without adding any value of material issued by the
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owner to the contractor) and AMC services @9.8%. These rates are subject to change as notification of Govt. Of India issued from time to time.
Payment of service tax will be made in accordance with the invoice (s) raised by the contractor, limited to the rate considered during evaluation, as above.
15.15.4 Upon award of work, service tax shall be paid by the owner to the contractor at the
rate mentioned in the invoice raised by the contractor, limited to the rate(s) considered during evaluation as per clause no. 15.15.3 and its sub-clauses above in accordance with the provisions of Rule 4A of the service tax Rules 1994 which state that each invoice shall be serially numbered and shall contain the following details: (i) The name, address and registration number of the service provider (ii) The name and address of the recipient of the taxable service
a. Description, classification and value of taxable service provided and b. The service tax and cess payable on such services
The above details are required to enable owner to claim CENVAT credit on service tax paid. In case contractor does not furnish such invoices enabling the owner to claim CENVAT benefit, then such amount shall not be paid to the contractor irrespective of the payment of such amount by the contractor to the Tax Authorities. However, the contractor’s liability shall be limited to furnishing of CENVATABLE invoices.
15.15.5 Statutory variation on service tax (as payable to the bidder) as applicable for the
category/service shall be to Owner’s account up to the contractual completion period. Any statutory variation in service tax after expiry of the contractual completion period shall be to contractor’s account.
15.15.6The service tax payable by the owner to the contractor shall be limited to the rate(s)
considered during evaluation as per cl. No. 15.15.3 and its sub-clauses above (except for condition mentioned in clause 15.15.5 irrespective of the amount payable by the contractor towards service tax to statutory authorities.
15.16.0 OCTROI
The contractor shall within the scope of work be liable to pay and bear any or all octroi or terminal tax payable on any materials, goods or equipment supplied or deployed by the contractor for the work.
16.0.0 SCHEDULE OF RATES
16.1.0 All the items of work mentioned in the schedule of rates and covered by the Contract shall be carried out as per the drawings, specifications and direction of Engineer-in-Charge and shall include all labour, materials, tools, tackles, etc. required to complete the job.
16.2.0 The Contractor shall be and remain at all time exclusively responsible to provide all material, consumables, labour supervision, equipment tools machines, permits, licenses, casements and facilities and other items and things whatsoever required for
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or in connection with the work, included but not limited to those indicated by expression or implication in the Schedule of Rates, Specification, plans, drawings and/or other Contract documents or howsoever otherwise as shall be or may from time to time at any time be necessary for or in connection with the work either for incorporation within the permanent works or in relative to the execution and performance of the work.
17.0.0 SUFFICIENCY OF TENDER
17.1.0 The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and of the rates stated in the Schedule of Rates, which shall cover all his obligations under the contract and all matter and things necessary for proper completion of the works.
18.0.0 NON-ASSIGNABILITY
18.1.0 No part of the contract or any share or interest therein shall in any manner or degree be transferred, assigned or sublet by the Contractor directly or indirectly to any person, firm or company whatsoever.
19.0.0 LOCAL REPRESENTATION
19.1.0 Subject to the provisions concerning clarification of Bids, no BIDDER shall contact the OWNER on any matter relating to its bid from the time of the bid opening up to the time that the contract is awarded.
19.2.0 Any effort by a Bidder or Bidder’s representative however described to influence the OWNER in any way concerning scrutiny, consideration, evaluation of the Bid(s) or decision concerning award of contract shall entail rejection of Bid.
19.3.0 The OWNER will deal with the BIDDER on a principal bases, without involvement in any manner in India or abroad of any agent or consultant or associate or other person howsoever described.
20.0.0 DEFECT LIABILITY PERIOD
20.1.0 Being a service contract, there is no defect liability period. Security Deposit deducted from the monthly running bills shall be refundable to the Contractor after completion of period of contract along with last and Final bill submitted by the party.
21.0.0 SPECIAL ATTENTIONS TO TENDERERS
21.1.0 After opening of the Bid, no suo motto reduction in price by the tenderers will be permitted within the validity period of the offers except from the lowest tenderer. In case of any suo motu reduction by the tenderer other than lowest, the concerned tender shall be liable for rejection.
TECHNICAL SPEICIFICATIONS FOR DEPLOYMENT OF VEHICLES
1.0.0 SCOPE OF WORK
“To provide, operate and maintain diesel driven two wheel drive Jeep model not earlier than April.2015 (Bolero-plus, 8+1 seater) at Paradip-Haldia-Barauni Pipeline, Paradip as per Vehicle Specifications for two year period”.
The work comprises of providing 2 (Two) vehicles, both of them working 10 hrs a day
1.1.0 The job shall be inclusive of all materials (consumables & other), tools and appliances, including all wages of drivers, crew and competent supervisors as required, taxes etc.
1.2.0 Bidder has to submit documentary evidence in support of his Pre-qualification criteria.
WORK LOCATION
2.0.0 The vehicles are required for day-to-day official work for PHBPL, Paradip office. As per official requirement the vehicle may be required to be driven across Odisha including Pipeline route, within Paradip Port and up to Haldia/ Kolkata or in neighbouring states.
3.0.0 JOB SPECIFICATIONS
3.1.0 The vehicle Bolero plus of Model not earlier than April 2015 shall have hard top and good quality cushioned seats, back rests and shall be provided with excellent upholstery with additional cloth seat covers and with 5 doors along with suitable locking arrangements for the doors.
3.2.0 Viewing the high dust and tropical nature of environment in and around Paradip, the vehicles are required to be driven in closed window condition without sacrificing comfort to the passengers and in safe manner even in heavy downpour.
3.3.0 Ownership of the vehicles: Full particulars of the vehicle(s) including details of the Engine, etc. shall be furnished by the Contractor in Annexure–A of the Tender Documents. For balance vehicles, written confirmation for obtaining Power of attorney from owner of vehicle or Affidavit from Bidder, as given in Annexure- B has to be submitted.
3.4.0 The vehicles shall have the tyres compatible to drive in mud and snow pattern for all terrain plying.
3.5.0 The vehicles shall always be maintained in clean and excellent condition throughout the contract period. Seats should be dust free and comfortable.
3.6.0 The front seats are to be provided with required safety belts as per prevailing regulations.
3.7.0 The vehicle(s) shall have always at least 3/4th tank full of fuel, while reporting of duty in the morning. It is to be ensured that fuel tank may be filled to the full capacity in short notice.
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3.8.0 Whenever the vehicle enters PHBPL Pipeline Installation, it shall be fitted with spark arrestor, the complete scope of which lies with the contractor, no separate payment shall be made for its usage.
3.9.0 Proof of having paid all taxes, Insurance, Ownership etc. shall be submitted along with bid by the Contractor. During the currency of contract, these documents are to be furnished for verification, on demand.
3.10.0 Details of experience of handling contractual work of requisite values by the Bidders should be furnished along with the Tender Document with documentary evidence. However, the bidder need not be an existing vehicle contractor but shall have the required trade licenses/ certificates as per rules.
3.11.0 In line with clause 3.3.0 above, the Bidder is required to deploy the vehicles and for other vehicle(s) he should submit Registered Power of Attorney on the prescribed format (Annexure B) for virtual ownership. Since required vehicle model is of April 2015 and vehicle will be available in/or after April.2015, bidder at the time of tender submission, may submit written confirmation for obtaining Power of attorney from owner’s vehicle as the case may be. But, the driver of such other vehicle necessarily be the staff of the Contractor and not of the vehicle owner.
3.12.0 Bidders not having their own vehicle at the time of tender submission, has to submit an affidavit on prescribed format (Annexure–C), separate Format for each vehicle, to provide a brand new vehicle within 1½ months from the date of issue of Letter of Intent or LOA, in case of contract is awarded to the Bidder.
3.13.0 Placement of vehicle meeting the type of vehicle (subject to acceptance by Engineer-In-Charge) for 1½ months (from the date of Letter of Intent or LOA) or till the availability of new vehicle whichever is earlier, may be accepted in such cases where affidavit for new vehicle or written confirmation for obtaining power of attorney for use of owner’s vehicle has been submitted .
3.13.0 In case of failure of the contractor to place new vehicle within specified 1½ months, a price discount equivalent to @2.5% of monthly charge shall be imposed on per day basis. In case of failure to place new vehicle beyond 3 months, the contract may be terminated. The EMD/ISD/security deposits shall stand forfeited in favour of the Corporation and any other action as deemed fit by corporation (Owner) will be taken.
3.14.0 The work involves providing and operating vehicles inclusive of all operating and maintenance expenditure, for transporting officials and materials/goods of the Corporation and/or its guests as also tools, tackles, equipment’s and materials etc., in general in the states of Odisha. The Vehicles shall be required to ply from one place to another as per the Corporation’s requirements including plying on kachcha/ muddy roads and hilly terrain. At times vehicle may be required to enter in the state of West Bengal.
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3.15.0 The contractor shall be responsible for the safe custody of any material being transported through his vehicle(s). Any damage caused to or loss of material shall be made good by the Contractor at his own cost.
3.16.0 Reverse gear beeping alarm shall be provided in all the Jeeps as a safety feature for which no extra payment will be made. Vehicle shall have hook to pull trailer (wherever applicable). If contractor will not provide the Reverse alarm in vehicle a penalty @ Rs 500.00 per item per event will be imposed.
3.17.0 The vehicles shall be under the contractual obligation round the clock. Driver(s) shall be available always with the vehicle, whenever called for duty. While going out of Paradip, the drivers are required to have their own boarding and lodging arrangements for which no compensation will be paid by IOCL, except as per SOR..
TIMINGS
4.1.0 The vehicle with driver shall report for duty at the specified time and place communicated to contractor/driver from time to time by the Engineer-in-Charge or his authorized representative. In normal circumstances the duty timings will be 0800hr to 2100 hr with one hour recess in between. The starting and closing times and km reading shall be recorded at the location where the vehicle is asked to report or from vehicle base if not told specifically. Vehicle base may change from time to time, as and when, as per site conditions/ work requirement. Presently the vehicle base is PHBPL, Paradip station.
4.2.0 On any normal working day, the vehicles are required to perform duty on 10 hr/day basis, 6-days a week. However, on emergency or otherwise instructed, the vehicle need to perform duty beyond 10 hr and on holidays/ rest-days. For performing additional duty, payment shall be made, only as per Schedule of Rates.
4.3.0 The contractor shall ensure that timings are strictly adhered to and shall, whenever necessary, deploy alternate equivalent vehicle to ensure uninterrupted service in the case of breakdown or servicing to be carried out, on regular vehicle.
4.4.0 The contractor shall give local address and contact phone numbers. Each of the drivers shall be provided with Mobile so that they can be contacted on requirement.
4.5.0 A schedule, showing the routes, as well as hours during which the vehicle is required to ply shall be furnished to the Contractor and the Contractor shall ensure that these routes and timings are adhered to at all costs and if necessary, by pressing into service alternate vehicle in case of temporary/major break-down. The Owner shall have the discretion to change the schedule/ route and accordingly inform the Contractor. No extra claim shall be paid on account of these changes.
5.1.0 The Contractor shall ensure that the vehicle(s) deployed by him under this contract shall at all times during the currency of the contract be adequately insured under comprehensive insurance policy, Paid all up-to-date Road taxes, State entry taxes, Route permits, RTO License, Passenger tax, Taxi Operating Permit etc as applicable, obtained other necessary permits/clearance such as that for pollution control etc. as
39
may be applicable or may become applicable from time to time as per requirement of Statutory Authorities. All expenses towards obtaining insurance cover, road tax permits for running in the state of Odisha etc. shall be borne entirely and exclusively by the contractor.
5.2.0 Toll tax, port pass, temporary state (other than Odisha) entry pass and parking charges shall be reimbursed on production of slip/receipt along with monthly bills. A Photostat copy of Registration Certificate(s) (for Commercial vehicle only) should accompany the tender document. It shall be responsibility of the contractor to get valid Paradip port pass of vehicles & their drivers during the currency of contract. The charges for the same shall be reimbursed on submission of proof of the same.
5.3.0 The contractor shall be fully responsible for compliance with all obligations and restrictions imposed by the Labour Laws or any other laws affecting employer-employee relationships and the Contractor shall also comply with all applicable controls; State Municipal and local laws and requirement of any control; State, of local Govt. agency or authority. The Contractor shall defend, indemnify and hold owner harmless from any liability or penalty which may be imposed by the Central, State or Local Laws, regulations or requirements and also from all claims, suit or proceedings that may be brought against the owner arising under/growing out or by reason of the work provided for by this contract, whether brought on by employees of the Contractor, by third parties or by Central or State Government authority or any political sub-division thereof.
5.4.0 The Contractor shall also be responsible for compliance with all obligations and restrictions imposed under or by the Motor Vehicles Act, as applicable from time to time in the State of Odisha.
6.0.0 OPERATING AND MAINTENANCE CREW
6.1.0 The Contractor shall, at his cost, maintain sufficient number of Drivers, as required for smooth and efficient running of the vehicle(s) for all routes and all timings as stipulated above. The contractor should obtain Character Certificate & Police verification report (C&A verification) for all his employees engaged under the contract and submit the same to EIC for issuance of Photo Gate passes.
6.2.0 The drivers shall possess at all times necessary valid Commercial (Transport) driving license with at least 5-years experience of driving the vehicle as in this contract. Thus minimum age of the drivers should be 23years.
6.3.0 The drivers should be well behaved, neatly dressed and should at least be able to “speak & write local language and English” and “understand & speak Hindi”. They should not have any addiction to drugs/ liquor/ tobacco etc.
6.4.0 Drivers should have basic and required knowledge of vehicles and its engines so as to spot any mechanical trouble in time to avoid disaster or handle the situation in case of any unwanted breakdown.
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6.5.0 Before handing over the vehicles to any driver, he should be got cleared from the EIC regarding his eligibility. The Contractor should beforehand submit details of the drivers, including their qualification/ experience/ License details etc.
6.6.0 In the event of the Corporation not being satisfied with the conduct of any driver provided by the Contractor, the Contractor shall forthwith replace the driver concerned on being advised by the Corporation to do so.
6.7.0 Drivers may be required to stay at places other than the headquarters (which in this case is at Paradip) for which payment shall be made only as per SOR and the Corporation is not bound provide/arrange any amenities to the driver(s) at any location. The Contractor is required to provide the required amenities to the drivers at his own cost.
6.8.0 The contractor’s operating/maintenance and supervisory staff will be required to carry at all times photo identity cards issued to them for security measures. The contractor and his employees shall pledge to maintain the secrecy and confidentiality regarding the nature of the work of the Corporation that may prejudice the Corporation’s interests.
6.9.0 Photo IDs, and C&A verification report of the personnel proposed to be engaged (drivers/ supervisor) must be submitted to EIC before deployment of vehicle.
6.10.0 Authorized representative of the contractor should be readily available for taking necessary instructions regarding assigned jobs and for proper co-ordination.
6.11.0 The contractor shall issue uniform (White Safari suit), 2-sets for summer and 1-set for winter and 1-set shoe on yearly basis to his drivers. The drivers also should be undergone medical check-ups 2-times a year. The medical check up should include general health required for long distance driving, eye sight test, test for any contagious diseases etc.
6.12.0 The contractor shall ensure that the wages of the Drivers be paid within 10th of every month only through cheque/online transfer/cash (in the presence of EIC). The drivers’ pay will be as per wage of Skilled category for 10 hr duty basis.
6.13.0 Wage of the drivers shall be revised in line with revision done by Central Government authorities as per minimum wages notification.
6.14.0 Overtime as per SOR rate shall be paid for running the vehicle beyond normal 10 hr duty time (0800hr to 19 00hr), as well on Sundays and National holidays.
6.15.0 For outstation duties, night halt charges shall be paid to the drivers as per SOR. The duty hours of drivers for outstation will be considered for the period the vehicle is driven.
7.0.0 RUNNING AND MAINTENANCE
7.1.0 The vehicle should be in perfect road worthy operating condition with excellent outlook and interior in all respects viz. cleaned and hygienic seat covers, intact seat with cushion etc. at all times. Spare wheel, tools and tackles and other essential items like first aid box must be available in the vehicles at all times.
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7.2.0 Procurement of fuel, lubricants, spares etc. will be arranged by the Contractor at his own cost. Maintenance repairs, check-up etc. will also be arranged by the Contractor at his cost. Expenses by way of salary and expenses of the operating and maintenance crew etc. shall also entirely and exclusively be borne by the Contractor.
7.3.0 In case of break-down/accident or withdrawal of vehicle by the Contractor for any reason whatsoever, the said vehicle should be replaced by another vehicle of similar type & condition acceptable to EIC. Otherwise penalty as per clause 9.3.0 may apply.
7.4.0 If, in the opinion of the owner, the vehicles are found unfit for service the same shall be replaced by another vehicle acceptable to the Owner. In the event of failure on the part of the Contractor to do so, penalty charges shall be levied on the Contractor by the corporation as per the provisions of the penalty clauses hereafter, for the number of days such alternate vehicle is not provided by the Contractor.
7.5.0 During election (State/Central) and/or any other requirement by State/Central Govt.; the responsibility of taking exemption from election duty, from district Administration/ concerned authorities lie with the contractor. In case contractor fails to do so, he has to make alternate suitable arrangement otherwise penalty shall be imposed as per clauses 9.1 & 9.2 of this contract.
7.6.0 In the case of abandonment of the work of supplying and operating vehicles to the corporation, within the contract period, the corporation shall be at liberty to make alternative arrangement for meeting its requirement at the sole risk and cost of the Contractor.
8.0.0 LOG BOOK
8.1.0 Separate Log Book with one carbon copy page, for each vehicle is to be provided by the Contractor(s) at his own cost in each vehicle to record the mileage covered during each completed trip on each day.
8.2.0 As soon as a trip is completed, the Log Book must be got signed by the authorized representative for this purpose or the user of the vehicle indicating the journey details.
8.3.0 The reading on the odometer of the vehicle at the vehicle base in the morning is considered the opening reading (“kilometerage”) for the day. If the vehicle is advised to report at different place other than the vehicle Base, the opening KM reading at the reporting point shall include the distance from vehicle base to the reporting location.
8.4.0 Similarly, the closing (“kilometerage”) for any day shall be the one appearing on the vehicle’s odometer at the vehicle base when its service is over for the particular day. If the vehicle service for that day is getting over at different place other than the vehicle Base, the closing KM reading shall include the distance from corresponding location to the vehicle base. The difference between opening and closing readings of the odometer shall be the actual run of the vehicle for any given day.
8.5.0 The contractor shall ensure that all meters/devices of vehicle particularly the odometer are correctly calibrated and in working condition and tamper-proof. In case of failure of odometer, necessary corrective action should be taken immediately, failing which
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the kilometre-mileage certified by the officer using the vehicle shall be final and no further claim shall be entertained.
8.6.0 The Contractor will submit the first copy of relevant logbook for verification of the bill for each vehicle.
8.7.0 Parking of the vehicle will be responsibility of the Contractor. To and fro distance between the actual parking place and the place of vehicle base shall not be reckoned for the purpose of calculation of total actual run of the vehicle.
9.0.0 PENALTY
9.1.0 The Contractor shall provide the required transport each day at the appointed place and time. In case of default of not providing vehicle or failing to follow the timing/ route and also late reporting of the vehicle, a proportionate deduction of charges at twice the average schedule of rate per day shall be made from the Contractor's bill. Average rate per day will be arrived at by dividing the fixed rate/amount per month divided by 30 days.
9.2.0 For delay in reporting at the instructed place by more than 30min without any valid reason will attract a penalty of ₹ 500/- per incidence. Similarly refusal by the driver to work beyond 21:00 hr will also attract same penalty.
9.3.0 In case the Contractor replaces (other than vehicle breakdown and regular Maintenance Works) the vehicle with another one with lower specification without prior intimation or permission of EIC or otherwise, a penalty of ₹ 2,000/- per day will be imposed at the discretion of EIC/Site Engineer during the period of non-availability (continued to maximum 7 days) of the original vehicle. Beyond 7-days, the penalty @5% of monthly charge shall be imposed on per day basis till the vehicle is replaced.
9.4.0 In case of drivers are found to be in without dress or shoe, a penalty @ ₹200 shall be imposed per driver.
9.5.0 In case deployed drivers are not as per tender conditions, the contractor may be imposed a penalty of ₹ 750 per day for such non-deployment.
9.6.0 In case of non-payment of wages to the drivers in time and as per minimum wage rules, the payment against bill of contractor may be withheld and the Corporation will be at liberty to deduct from the bill of the contractor and pay the unpaid wages to the affected drivers, if found to be true.
10.0.0 PAYMENT
10.1.0 The contractor shall be entitled for monthly payment through e-payment as per SOR item(s) with escalation of fuel price or wage revision if applicable. Payment shall be made strictly as per the provisions of the schedule of rates on monthly basis. No other charges shall be admitted separately.
10.2.0 Schedule of rates envisages lump sum rate for initial free run km (as indicated in the SOR) on monthly basis as fixed charges. However, if in a particular month the km run
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falls short of stipulated monthly free run km, such shortfall will be carried forward to subsequent month(s).
10.3.0 If in any month, aggregate km run exceeds the fixed mileage envisaged under the contract and paid for at lump sum rate, the excess mileage will be paid extra as per the SOR only subject to the provisions of clause 10.1.0.
10.4.0 The payment of “excess aggregated kilometre” will be made on the basis of 6 months durations in group-wise. In any group, for 6 month period, total running of all vehicles in that group shall be added together and extra mileage, if any, over the aggregated initial free run of all vehicles in that group shall be paid as per SOR rate.
10.5.0 In case of termination of contract prior to expiry of one-year period, for any reason not attributed to the Contractor, the Contractor shall be paid for full months as covered under SOR item No. 10 and for part of the month the payment shall be made on pro-rata basis, for which one month shall be considered of 30 days.
10.6.0 Upon expiry of the contract the total run shall be calculated as per duly certified log sheets and payment shall be made for running of vehicle(s) over & above of cumulative free run per annum as per the SOR.
11.0.0 VARIATION IN FUEL PRICE
11.1.0 Following any change (increase / decrease) in the price of Diesel (HSD), the adjustment in the rates of the vehicle hired under this contract shall be based on the diesel (HSD) rates prevailing at Paradip and shall be effectively from the first of the following month in which the price have been enhanced as per the following formula :
=
(*) Average run in KM/Ltr shall be taken as 10 Km/Litre of diesel (HSD) for the purpose of the clause. Present rate of normal diesel at Paradip is ₹ 48.97/litre.
11.2.0 During the currency of the contract, if there is any change (increase/decrease) in the prices of diesel (HSD) by the Central Government or after opening of techno-commercial bid offer, then such change in prices quoted would be effected for price adjustment on the basis of the price escalation formula. Necessary copy of diesel bill from IOCL Retail Outlet in this regard shall be arranged and produced by the Contractor.
11.3.0 The change in rates shall be effective only if there is a cumulative change of 3.0 % or more in the present rate. The change in rates, if any, will be effective from 1st day of the following month of the month in which change of rate by Government of India is considered for rate revision.
11.4.0 Once the rate is revised, next revision shall be made again if the increase/decrease in rate of diesel price is more than 3% of the revised rate.
Difference payable per km (Rs./km)
Difference in rate of diesel (₹/Ltr.)
Distance covered by the Vehicle per litre of diesel (HSD)*
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11.5.0 Illustrative Example for Operation of the Escalation Clause
The following have been assumed:
1. Rate of diesel at the time of submission of tender : Rs.42.00/litre (assumed) 2. Lump sum rate for first 2000 km/ month as per Item No.0010 of SOR: Rs.25000.00
(assumed) 3. Rates per Km in excess of 2000 Km/ month as per item No. 0020 of SOR: Rs.
4/Km (assumed)
Based on the above: Example of revision of rates after increase in diesel rate
Assume the diesel price has increased to say, Rs. 47.00 per litre.
A. Difference in Rs. Payable per Km = (47.00 – 42.00) for 10 km
= Rs. 5.00/10
= Rs. 0.50/km
B. Revised lump sum rate for first 3000 Km/month
= Rs.25,000.00 + 3000 x Rs. 0.50
= Rs.25,000.00 + Rs.1500.00
= Rs.26,500.00
C. Revised rate for excess run beyond runs of 2500 KM/month
= Rs. 4.00 + Rs. 0.50
= Rs. 4.50 per KM
Note:
1. Rate and figures used in this example have been assumed based on convenience and have no bearing on the rates which may be quoted by the Bidders.
2. Rates taken in the above formula are for illustration only. However, for calculation of escalation actual rates prevailing shall be considered.
12.0.0 VARIATION IN MINIMUM WAGE
12.1.0 As is practice, there is revision of minimum contract labour wage on six monthly period. As indicated in clause 6.13.0, the wage of the personnel engaged under this contract shall also be revised.
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ANNEXURE `A '
DETAILS OF VEHICLE
Bolero plus of Model not earlier than April 2015
1. Chassis No.
2. Year of purchase/Original registration
3. Registered seating capacity
4. No. of seats
5. Type of seats
Whether Ordinary, cushioned, Deluxe
6. Route permit No.
7. Registration No.
8. Engine No.
a) Type
b) Make
c) HP (rated)
9. Wheel
a) Size of tyres
10. Name of Owner of the vehicle
11. Any other information pertaining to the vehicle.
Note: Enclose the Photo Copy of Registration Book of above Vehicle.
(FORMAT FOR POWER OF ATTORNEY TO BE EXECUTED ON NON-JUDICIAL STAMP PAPER OF ₹ 100/-, EMBOSSED BY TREASURY)
FORM OF POWER OF ATTORNEY
KNOW ALL MEN BY THIS POWER OF ATTORNEY That I ...............................S/o………………………......................………………………..Resident of ……………...…………….................. PS ............ Distt .................. hereby appoint and constitute Shri...................... S/o ...................... Resident of ....................... PS ................... Distt ............ as my lawful attorney WHEREAS I am the owner of vehicle having Registration No........... bearing Engine No...... Chassis No....... of which I am the sole owner and the said vehicle is not required by any legal agency for any illegal act done by it or purported to have been done by the said vehicle.
WHEREAS I have agreed to give this vehicle to Shri..................... for using it by him for running the vehicle against Tender No. PHBPL/PDP/TS/06/2015-16/49 of Indian Oil Corporation Limited, Paradip-Haldia-Barauni Pipeline, Paradip and in my name or otherwise to give, make, enter into, execute or sign every such bond / paper or document in this regard.
NOW THEREFORE BY THIS DEED I authorize and empower the said Shri.......………............. for me and in my name and on behalf of me to use the vehicle as if, he himself is the owner of the vehicle and in usage of the vehicle all the responsibilities/duties/ liabilities shall lie on him.
AND IOC PIPELINE will in no way responsible/answerable with regard to any dispute / claim/payment pertaining to the vehicle save and except the agreed amount of the bid that too will be in-between Shri............……........... and the Management of IOC Pipeline and I will in no way be concerned with the vehicle, or its payment throughout the entire period of the Contract with IOCL Pipeline and Shri.........................
AND Shri ...................is fully authorized on my behalf in my name and for me to run the vehicle in accordance with the provisions of the Tender No................, smoothly and further he is authorised to change/replace any or all staff/crew of the vehicle as and when he finds that their behavior or their acts are not up to the mark and are hurdle in running of the vehicle smoothly.
AND Shri..................., by this deed is authorized to look after the maintenance, running schedule etc., i.e. the entire duties/liabilities/ ownership of the vehicle.
AND I HEREBY AGREE TO UNDERTAKE
(i) I shall have no concern, claim etc. with IOC Pipeline Management with regard to the vehicle at any point of time for any matter whatsoever.
(ii) I shall rectify or confirm all and whatsoever my said attorney Shri.................... shall lawfully do or cause to be done by virtue these presents.
IN WITNESS WHEREOF I, the said........................have hereto signed at .............., the ...........day of ............2015
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WITNESSES EXECUTANT
1.
2.
NOTARY
48
ANNEXURE-C
FORMAT FOR AFFIDAVIT TO BE EXECUTED ONNON-JUDICIAL STAMP PAPER WORTH ₹ 100/-
Before,
The Notary Public at ............
OR,
The Executive Magistrate at..............
A F F I D A V I T
I, _____________________________ Son of ___________________________ resident of ___________________________________ P.S._______________ District_______________, do hereby solemnly swear and affirm as follows :
1) That I am bidding with respect to the NIT No. PHBPL/PDP/TS/06/2015-16/49 dated 11.8.2015 for Providing, Operating & Maintaining Mahindra Bolero Plus diesel driven Jeep model not earlier than Apr. 2015, hard top, closed door two wheel drive vehicle, operating for one year period at PHBPL, Paradip.
2) That if I am called upon by the Corporation to provide the vehicle, I will provide brand new vehicle as per the conditions specified in clause 3.11.0 & 3.13.0 of the specifications of Tender document.
3) That I will be providing the brand new vehicle along with all the papers related to the vehicle e.g. Owner book, Insurance Certificate, Tax token etc. within 1 1/2 months from the date of issuance of the Letter of Intent/ LOA (Letter of acceptance)
4) That I bind myself to follow all the terms and conditions specified in the tender document as well as to follow all the rules and laws including that of Motor Vehicle Act- 1988.
5) That if I fail to provide the above mentioned vehicle within the time specified in this affidavit by me my offer shall stand automatically cancelled and the Earnest Money deposited by me shall stand forfeited in favour of the Corporation and for which the Corporation shall not be liable in any way.
6) That on my failing to provide the vehicle the Corporation (IOC PHBPL) shall be at liberty to claim damages from me.
7) That the contents of this affidavit, has been read by me/has been explained to me in Oriya/Hindi which I fully understood, and are correct to the best of my knowledge and belief.
(DEPONENT)
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ANNEXURE-1
DATE: ______________
DECLARATION BY THE TENDERER(S)
We _______________________ (Name of the Tenderer) hereby represent that we have fully read and understood the tender requirements and accept all the terms and conditions of the tender, General Conditions of Contract, tender amendments / addendum, if any, except for the ones mentioned in the Exceptions and Deviations statement as per Annexure-2. Our offer is in confirmation to all the terms and conditions of the tender. In the event of award of contract to us, the complete tender document shall be considered for constitution of Contract Agreement. Name of Bidder: Place: Company Address: NOTE: This declaration should be signed by the Tenderer's authorized representative who is signing the Bid.
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ANNEXURE-2
DATE: ______________
EXCEPTIONS AND DEVIATIONS STATEMENT
Bidder may stipulate exceptions and deviations to Tender Document, if considered unavoidable as per the following format:
SL. NO
PAGE NO. OF
BID DOCUMENT
CLAUSE NO.
SUBJECT
DEVIATIONS
All exceptions/ deviations taken by Bidder to the stipulations of the Tender Document shall be brought out in the techno-commercial bid (and not in the price bid) as per this format. No cognizance will be taken of any exceptions/ deviations brought out elsewhere in the bid and the same shall be treated as null & void. In case of no exceptions and deviations, “NIL” shall be marked by the tenderer. Name of Bidder: Place: Company Address:
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ANNEXURE - 3
CHECK LIST FOR SUBMISSION OF TENDER (Mark √ In Appropriate Box As Applicable)
1. Confirm that copies of all required documents,
including annexures of tender, have been digitally signed and uploaded by authorised signatory for this tender
Yes No
2. Confirm all item rates have been filled without any condition & deviation and submitted in “Priced Part”.
Yes No
3. Confirm that rates have been quoted for all items indicated in the Price Bid.
Yes No
4. Confirm EMD is submitted with Part – I of offer.
Yes No
Details of EMD – Value Rs. _______________ Demand Draft/ Bank Guarantee No. _______________ Banker Name _______________ Date of D.D./ P.O. _______________ Reference of e- challan
5. Confirm latest Assessment order /IT return/Audited balance sheet enclosed.
Yes No
6. Confirm details and copy of Service Tax Registration Furnished.
Yes No
Service Tax Registration No. _______________
7. Declaration regarding relationship with IOCL’s Director.
Yes No
8. Submission of PAN, P.F & ESI & Licenses (as applicable)
9 Indicated service tax as in Annexure-M
table in tender SCC clause 15.16.1 (or) in annexure-9.
Yes No Yes No
Name of Bidder: Place: Company Address:
52
ANNEXURE – 4
DATE: ______________
FINANCIAL DETAILS
ANNUAL TURNOVER STATEMENT The Bidder shall indicate here the turnover during preceding 3 years based on the audited balance sheets & profit & loss account statement.
FINANCIAL YEAR ANNUAL TURNOVER (IN RS.) REMARKS
2014 – 2015 2013 - 2014
2012 - 2013
SERVICE TAX REGISTRATION DETAILS (IF APPLICABLE) SERVICE TAX REGISTRATION NUMBER: PAN CARD NUMBER: PF REGISTRATION NO : ESI REGISTRATION (IF APPLICABLE) : VAT REGISTRATION NUMBER: Name of Bidder: Place: Company Address:
53
ANNEXURE – 5
DATE: ______________
UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR
I/We hereby declare that:
a) We are committed to elimination of child labour in all its forms.
b) Neither we nor any of our nominated sub-contractor(s) are engaging Child Labour in any of our work(s) in terms of the provisions of The Child Labour (Prohibition and Regulation) Act, 1986 and other applicable laws.
c) We as well as our nominated sub-contractor(s) undertake to fully comply with provisions of The Child Labour (Prohibition and Regulation) Act, 1986 and other applicable labour laws, in case the work is awarded to us.
d) It is understood that if l/We, either before award or during execution of Contract, commit a transgression through a violation of Article b/ c above or in any other form, such as to put my/our reliability or credibility in question, the Owner is entitled to disqualify us from the Tender process or terminate the Contract, if already executed or exclude me/ us from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Owner. Such exclusion may be for a period of 1 year to 3 years as per the procedure prescribed in the guidelines for holiday listing of the Owner.
e) I/ We accept and undertake to respect and uphold the Owner’s absolute right to resort to and impose such exclusion.
Name of Bidder: Place: Company Address:
54
Annexure 6
DATE: ______________
EXPERIENCE QUESTIONNAIRE
(To be furnished with the Tender) The Tenderer has completed the following similar works in the last five years ending on 27.08.2015
S.No Type and Name of Work executed
Year of Completion
Owner Value of Work
Executed
Name of Bidder: Place: Company Address:
55
ANNEXURE-7 DATE: ______________
FORMAT FOR GIVING CONSENT AND BANK DETAILS ON THE LETTER-HEAD OF BIDDER’S FIRM .
To, M/s Indian Oil Corporation Ltd. PHBPL, Paradeep. Dear Sir, With reference to your advice, we hereby agree to accept the payment of our bills through “RTGS/NEFT/Electronic Mode”. The desired bank account details are given below:
1. Vendor Code allotted by IOCL in SAP
2. Name of Beneficiary (i.e. IOCL Vendor)
3. Name of the Beneficiary’s Bank
4. Address of the Beneficiary’s Bank Branch
5. Contact details of Branch with STD Code
6. Beneficiary’s Bank Account No. (as per cheque copy) 7. Beneficiary’s Bank Account Type (SB/CC/CA)
8. Beneficiary’s Bank Branch IFSC Code (11 Digit)
9. Mobile No. of Beneficiary (One Number only)
10. E-mail Id of Beneficiary (One Mail Id only)
A blank cancelled cheque leaf relating to the above bank account is enclosed for verifying the accuracy of the bank account details. I hereby declare that the particulars given above are correct and complete. I agree to receive transactional SMS/E-Mail Alerts from IOCL with regard to my bill payments.
(Signature of Account Holder) Seal of the Vendor
Encl: Cancelled Cheque _____ **** We hereby confirm that the above bank account details of beneficiary are correct in all respects and the account of Beneficiary (IOCL Vendor) is maintained at our Branch.
(Name of Bank & Branch) Authorised Signatory
****Verification required only in case vendors name is not printed/appearing on the cancelled cheque leaf being submitted to IOCL Office.
Encl: As above. Name of Bidder: Place: Company Address:
56
ANNEXURE-8 DATE: ______________
DECLARATION OF RELATIONSHIP WITH DIRECTORS OF IOCL The Tenderer shall declare the following information in exhaustive details on his company’s letter head with the document duly signed and stamped:-
No Director of the Owner is allowed to tender for a period of two years after his retirement from the employment of the Owner, without the previous permission of the Owner. The contract, if awarded, is liable to be cancelled if the tenderer is found at any time to be such a person, and has not obtained the permission of the Owner before submission of the tender. Any tender by a person aforesaid shall carry a disclosure thereof on the fact of the tender, and shall be accompanied by a copy of the document by which the requisite consent is given. Such disqualification shall apply to every partner of a partnership firm. i Where the Proprietor is a sole proprietor
Whether the proprietor is a Director or any relative of Director of IOCL present or retired within the past 2 years.
ii Where the Tenderer is a firm
Whether any partner or member of the firm is a Director or a relative of any Director of IOCL, present or retired, within the last two years.
iii Where the Tenderer is a Company whether a Director(present or retired within the past two years) of IOCL or relative of such Director is a substantial member holding more than 10% (ten percent) of the paid up capital in the Company, or a Director of the Company.
LIST OF BOARD OF DIRECTORS
Mr. B. Ashok,Chairman Indian Oil
Mr. Sanjiv Singh Director (Refineries)
Mr. Debasis Sen Director (P&BD)
Mr. A. K. Sharma Director (Finance)
Mr. Verghese Cherian Director (HR)
Mr. Anish Aggarwal Director (Pipelines)
Prof. Devang Khakhar Director,
Indian Institute of Technology, Bombay
Dr. Archana S. Mathur Economic Adviser
Ministry of Petroleum & Natural Gas
Mr. A. P. Sawhney
Additional Secretary Ministry of Petroleum & Natural Gas
57
ANNEXURE-9
DATE: ______________
SERVICE TAX DETAILS
Bidder shall submit scanned copy of certificate containing Service Tax Registration Number (If applicable). The bidder shall also furnish the following information alongwith the bid with regard to Service Tax.
Type of Service as per Finance Act 1994
Normal rate of Service Tax
Availment of any exemption / abetment
Rate of Service tax under abetment scheme (to be charged on value submitted in the price bid)
Whether CENVAT on inputs / input services / capital goods (as applicable, Refer Reference table at Annexure “M”) to be claimed. (Yes/No)*
1 2 3 4 5 COMPOSITE WORKS
SERVICES
* Service tax on abated value is applicable wherever the services provider has not availed any CENVAT credit on inputs / input services / capital goods (as applicable, Refer Reference table at Annexure “M”). Therefore, in case of contractors opts for abatement scheme, contractor has to furnish a certificate confirming that CENVAT credit has not been availed on inputs / input services/ capital goods.
