INDIAN OIL CORPORATION LTD.

(REFINERIES DIVISION)

TENDER DOCUMENT

FOR

Operation and Management of eKYC and Aadhaar Data Vault (ADV) Solution of
IndianOil

(TENDER NO: RHQCC23099)

PART – I (TECHNO - COMMERCIAL PART)

Issued By:

CONTRACT CELL DEPARTMENT

REFINERIES HEAD QUARTERS
INDIAN OIL CORPORATION LTD.
(REFINERIES DIVISION)
CORE-2, SCOPE COMPLEX, LODHI ROAD,
NEW DELHI – 110 003

RHQCC23099 Page 1 of 88
 INDEX

CHAPTER
DESCRIPTION PAGE NO.
NO.

PART- I (TECHNO- COMMERCIAL PART)

1. NOTICE INVITING TENDER (NIT)

2. OFFER CHECK LIST AND FORMATS

 Checklist for Submission of Offer
 Formats of Bidders Information, Undertakings &
Declarations.
(Attached Separately)

3. ADDITIONAL INSTRUCTIONS TO BIDDERS (AITB)

4. SPECIAL CONDITIONS OF CONTRACT - TECHNICAL

5A. GENERAL CONDITIONS OF CONTRACT (GCC) -

Not Applicable

5B. CONTRACTOR PERFORMANCE

(Attached Separately)

5C. BANK GUARANTEE FORMATS

(Attached Separately)

6. PERSONAL PROTECTIVE EQUIPMENT (PPEs)

(Attached Separately)
PART –II (PRICE PART)
7. PRICE PART

RHQCC23099 Page 2 of 88
 CHAPTER-1

NOTICE INVITING TENDER (NIT)

RHQCC23099 Page 3 of 88
 INDIAN OIL CORPORATION LIMITED
(REFINERIES DIVISION HEAD QUARTERS)
(New Delhi)
(Regd. Office : G-9, li Yavar Jung Marg, Bandra (East)
Mumbai-400051 (Bharat) CIN - L23201MH1959GOI011388)

NOTICE INVITING e-TENDER

RHQCC23099
1. Tender No.
Single Tender, Under Two Bid System
2. Type of Bid

Operation and Management of eKYC and Aadhaar Data Vault

3. Name of Work
(ADV) Solution of IndianOil
Contract duration shall be Two Years from the date of
4. Time Schedule Acceptance of Work Order or 08.11.2023 whichever is latter

From 11.10.2023, 15.00 Hrs to 18.10.2023, 15.00 Hrs Tender

documents can be downloaded free of charge from the website
5. Tender download schedule
www.iocletenders.nic.in during the above period.

Not Applicable
6. Pre-Bid Meeting
Last date of submission of
7. 18.10.2023, 15.00 Hrs
tender & EMD
Tender (Techno-commercial) shall be opened on 19.10.2023,
Techno-commercial Tender 15.00 Hrs or at a later date/time convenient thereafter. Date and
8.
opening date time of Priced Bid opening will be communicated only to techno-
commercially acceptable bidders.
Earnest Money Deposit
9. Not Applicable
(EMD)
Pre-qualification
10. Not Applicable
Criteria(PQC):
Additional Technical
11 Not Applicable
Requirement(if any)
Offer must be uploaded on e-tender website
www.iocletenders.nic.in before the last date & time of submission
12. Mode of Submission
of tender.
Offer submitted using any other mode will not be accepted.
1. Assessment Order or copy of Income Tax Returns(duly
acknowledged by Income Tax Department),for last 3(three)
financial years.
2. Proof of Authority in favour of person authorized to submit the
13 Other requirements
bid.
3. Copy of PAN card.
4. Certificate of Incorporation / Partnership deed/ Proprietor ship
affidavit/ Societies Registration Certificate.
Sangeeta Sinha
Deputy General Manager (Contracts),
14. Tender Inviting Authority
Indian Oil Corporation Ltd., Materials & Contract
Department,4th Floor, Room- 429, Core-2 Scope Complex,

RHQCC23099 Page 4 of 88
 Lodhi Road, New Delhi-110003, India
Tel. : +91-11-71725435
e-mail: [email protected] /
[email protected]
15. Integrity Pact Agreement Not Applicable
16. Preference to Start up
Not Applicable
available / Not
Available
Not Applicable
17. Reverse Auction

18. General

Bidder to note

i) Provisions/Conditions stipulated in NIT supersedes all of the sections of Tender document

ii) Offer from following types of bidder will not be accepted
a) Who are in the Holiday list of IOCL or its Administrative Ministry, MoPNG.
b) Who are under liquidation, court receivership or similar proceedings.
c) Who are undergoing insolvency resolution process or liquidation or bankruptcy proceeding
under Insolvency and Bankruptcy Code,2016(Code) or any other applicable law (in case
where Code is not applicable).
d) Whose insolvency resolution process or liquidation or bankruptcy proceeding is initiated
under the Code or any other applicable law (in case where Code is not applicable) at any
stage of evaluation of the bid.In case where the bid of the L-1 bidder is rejected on the
aforesaid grounds during the period between Price-Bid-Opening and Award-of-Contract,
then the bid of the next higher eligible bidder will be considered for further processing.
e) Consultant or their subsidiary Company or companies under the management of consultant
for execution of the same project for which they are working as consultant.
f) Foreign bidders are participating in Domestic /National tender.
g) Offer from Joint Bidders / Consortium
iii) In case the NIT publication date is within 06 (six) months from close date of preceding
financial /accounting year, the bidder can submit the balance sheets of any of the previous three
years (excluding the immediate preceding year), if the balance sheet of immediate preceding
year is not available.
iv) The subject work is indivisible and shall be awarded to single successful bidder unless stated
otherwise elsewhere in the tender document.
v) Experience of only the bidding entity shall be considered, unless specifically permitted in the
tender document to use the credentials of its parent or any group company to meet the
Experience Criteria. A work executed by a bidder for its own plant/projects shall not be
considered as experience for the purpose of meeting requirement of experience criteria of the
tender. However, jobs executed for Subsidiary / Fellow Subsidiary / Holding company will be
considered as experience for the purpose of meeting experience criteria subject to submission of
tax paid invoice(s) duly certified by Statutory auditor of the bidder towards payments of
statutory tax in support of the job executed for Subsidiary / Fellow Subsidiary /Holding
company. Such bidders shall submit these documents in addition to the documents specified in
the PQ Documents to meet Experience Criteria.
vi) Detail work order qualifying for similar in nature as described including covering letter and
RHQCC23099 Page 5 of 88
 schedule of rates and satisfactory completion certificate containing executed value & date of
completion of similar nature of work as defined above shall be required. However where the
executed value is not mentioned in the completion certificate, the copy of certified bill shall
also be acceptable for determining value if submitted along with completion certificate. In case
executed value is not mentioned in the completion certificate issued by the client, work order
value with amendments, if any, shall be considered for the purpose of evaluation. Executed
value or work order value, whichever is higher shall be considered for evaluation of pre-
qualification.
In case, the executed value of job is more than work order value and bidder claims for meeting
the PQC requirement on the basis of executed value then it is the responsibility of the bidder to
submit the documentary evidence of final executed value (such as copy of final bill, executed
value mentioned in completion certificate etc.) along with his bid.
vii) In case of Sub contract works, the bidder is also required to submit a Certificate from the end
user / Owner / Consultant of the Owner stating that the main contractor has intimated them
about the engagement of sub-contracting OR have been allowed/ permitted as a sub-contractor.
The offers with incomplete /irrelevant documents or anomalies are liable to be rejected without
viii) any communication. Hence, bidders are advised to take utmost care while uploading their
prequalification documents.
ix) In case of Rate Contracts, which are running under extension after original contractual
completion period, suitable document (certified by “WO issuing company” / Engineer-In-
Charge) indicating executed value up to the original/extended completion period along with
extension letter will be treated as proof of successful completion of work. For Rate Contract
tender of duration one year or more, evaluation of the experience criteria will done based on
annualized value of the Rate Contract.
x) If the value indicated is in currency other than INR the same shall be converted in equivalent
INR considering the conversion rate as on the date of issue of the reference order(s) based on
SBI bill selling rate.
xi) Relevant supporting documents towards other requirements specified are also to be uploaded
along with Techno-commercial bid failing which bid is liable for rejection.
xii) The completion certificate, submitted by the bidder shall separately indicate the Service
Tax/GST amount included in the value of completed job OR a separate certificate from the
respective client, mentioning the service tax/GST amount , if any, included in the value of
completed job under consideration should be submitted by the bidder.
xiii) The amount considered for meeting the experience criteria of PQC shall be exclusive of Service
Tax/GST. In case proof /certificate submitted by the bidder does not have clarity regarding
taxes i.e.The value of work specified in order /certificate is whether inclusion or exclusion of
Service tax/GST, the amount appearing in the certificate/order shall be considered exclusive of
tax and shall be evaluated accordingly.
xiv) IOCL reserves the right to reject any or all of the tenders or any parts of the tender so received
and may cancel the tender in part or full, extend the due date of Tender submission etc. without
assigning any reason.
xv) IOCL will allow Purchase Preference to MSE or other organization as per applicable Govt.
guidelines.
xvi) Bidders are to quote their most competitive rates. Negotiations will not be conducted with the
bidders as a matter of routine. However, Owner reserves the right to conduct negotiations.
Ordinarily the lowest responsive bids shall be preferred. However, the OWNER reserves the
right not to accept the lowest bid, if in its opinion this would not be in the interests of the
works/IOCL.
xvii) Legal dispute, if any, shall only be within the jurisdiction of Local Court unless mentioned
otherwise.

RHQCC23099 Page 6 of 88
xviii) All communication will be made through e-Tendering web site (www.iocltetenders.nic.in).
However, IOCL reserve the right to take cognizance of the communication made outside e-
Tendering Portal under exceptional circumstances.
xix) Bidder cannot make any claim against IOCL towards its expense incurred in connection with
the preparation and delivery of their bids, site visit, participating in the discussion and other
expenses incurred during bidding process.
xx) Bidder should make sure that their priced bid (Part-II/BOQ) contain only prices. Rates
mentioned elsewhere shall not be taken into cognizance. Offer shall be liable for rejection if any
condition directly or implied, recorded in Priced Bid (Part-II/BOQ).
xxi) Submission of authentic documents is the prime responsibility of the bidder. Wherever IOCL
has concern or apprehension regarding the authenticity/ correctness of any document, IOCL
reserves the right to get the documents verified from issuing authority/any relevant source. If
documents (part or full) are found forged, such offers will be summarily rejected and EMD will
be forfeited and may be debarred from future tenders.
xxii) After opening of the technical bids but before the opening of the price bids, the bids may be
rejected for unsatisfactory performance or adverse comments which have come to the notice of
the tender inviting authority.
xxiii) Offers not meeting statutory requirement are liable for rejection.
xxiv) Bidders are advised to visit Announcement section/ Information for DSC/ Bidders Manual Kit/
FAQ of e-Tender Portal before bidding.
xxv) Notwithstanding any other condition/ provision in the tender documents, bidders are required to
submit complete documents pertaining to PQC along with their offer. Failure to meet the PQC
will render the bid to be summarily rejected. IOC reserves the right to complete the evaluation
based on the details furnished by the bidder, with or without seeking any additional supporting
documents/ clarifications.
xxvi) Refer ITB of the tender document /Special Instruction to Bidder (SITB) of e-tender web site for
more details.
xxvii) Any Addendum/Corrigendum/Sale date extension in respect of above Tender shall be issued on
our website: https://iocletenders.nic.in only and no separate notification shall be issued in the
press. Bidders are therefore requested to regularly visit our website to keep themselves updated.
Failure of Bidder to submit tender without taking cognizance of Corrigendum / Amendment (if
any) issued by IOCL shall make bid liable for rejection.
xxviii) IOCL does not take any responsibility for the correctness of tender documents obtained from
any other source. Bidders are advised to visit above mentioned website before submitting their
offer for official version of the tender document including any corrigendum / amendment if
any, which shall be binding to the bidder.
xxix) EMD:
• EMD must be submitted online by Indian bidders. EMD in the form of Demand Draft /
Banker’s cheque, Swift Transfer will be accepted only from Foreign bidders. Tenders
without Earnest Money are liable to be rejected. However, MSE registered agencies covered
under MSMED act, Startups(recognized by DIPP), Central/State PSU and JVs of IOCL are
exempted from submission of EMD. Bidder claiming such exemption need to submit
necessary documentary proof of their eligibility along with their techno-commercial bid. The
certificate must be valid on the bid submission date. In absence of same their offer are liable
for rejection. Suo motto submission of MSE certificate after the due date of bid submission
will not be considered for EMD exemption / Purchase preference.
• BG in prescribed format from a scheduled bank is acceptable provided EMD amount
prescribed above is not less than Rupees One Lac. BG should be valid for a minimum period
of Bid Validity plus three months.

RHQCC23099 Page 7 of 88
 • Wherever applicable, scanned copy of EMD Instrument (i.e. B.G /MSEs/NSIC certificate
etc.) must be uploaded along with offer & original of BG should reach to the office of tender
issuing authority in sealed envelope super-scribing tender name, tender number, date of
opening and bidder’s name, before the deadline of submission but not later than 7 (seven)
days from tender opening date. Offers for which EMD BG is not received within 7 days from
tender opening date, are liable for rejection.
xxx) In case, a bidder submits any of the Pre Qualification supporting documents in any Foreign
language other than English, then it will be the responsibility of the bidder to also provide the
English translation copy of the such document duly certified, stamped and signed by their Local
Chamber of Commerce/ Notary.
xxxi) During the contract / engagement the organization, its employees, agents, other contractors,
sub-contractors and their employees, etc., may be exposed to certain unpublished price sensitive
information (UPSI), that is not generally available and which upon becoming generally
available is likely to materially affect the price of the securities issued by IndianOil. Such UPSI
shall be held by the organization, its employees, agents, other contractors, sub-contractors and
their employees etc., in strictest confidence and shall not be disclosed to any other party except
on need to know basis and with the prior consent of IndianOil.
It is hereby further cautioned that, the organization, its employees, agents, other contractors,
sub-contractors, their employees and immediate relatives thereof, should not trade in the
securities of IndianOil while in possession of such UPSI or communicate such UPSI to any
person except in furtherance of legitimate purposes, performance of duty or discharge of legal
obligations. Any trades in securities of IndianOil, while in possession of any UPSI would be
presumed to have been motivated by the knowledge and awareness of the UPSI and liable for
penal action under this contract / engagement as well as under SEBI (Prohibition and Insider
Trading) Regulations, 2015. It is therefore advised to familiarize with the “Code for Prevention
of Insider Trading in the Securities of IndianOil”, copy of which is hosted on the website
www.iocl.com.
Accordingly, it must be ensured that any UPSI, whenever received from the IndianOil,
(a) shall be used solely for the purpose for which it is being disclosed;
(b) shall be preserved and the secrecy of such information shall be maintained;
(c) shall not be disclosed to any third party;
(d) shall be kept securely and properly protected against theft, damage, loss and unauthorized
access (including access by electronic means) by deploying means similar to those being used
to secure their own confidential information;
(e) to notify IndianOil immediately upon becoming aware that any of the confidential
information has been disclosed to or obtained by a third party.
The organization shall undertake that its employees & their immediate relatives, agents, sub-
contractors and any other person associated with said contract / engagement does not violate
any of the provision of the SEBI (Prohibition of Insider Trading) Regulation, 2015. Any
violation shall be considered as breach of terms of contract / engagement and IndianOil shall
take necessary action for such breach in addition to reporting to SEBI for taking necessary
action under SEBI (Prohibition of Insider Trading) Regulations, 2015.

Deputy General Manager (Contracts)

Indian Oil Corporation Ltd.,
Scope Complex, Core-2,
Lodhi Road, New Delhi-110003

RHQCC23099 Page 8 of 88
 Chapter-2

CHECK LIST FOR SUBMISSION OF OFFER

&
IMPORTANT BIDDERS INFORMATIONS , UNDERTAKINGS AND DECLARATION
TO BE SUBMITTED WITH THE TECHNICAL BID

Checklist for Submission of Offer is provided in separate file titled “Annexure RHQCC23099.xls” ,

uploaded in the tender document. Bidders are advised to select appropriate options in the checklist

and also fill up required information, declarations and undertakings in formats provided in different

worksheets of that excel file (i.e. in the file titled “Annexure RHQCC23099.xls”) , save it in compatible

format i.e. in ‘*.xls or, *.xlsx’ format (as per system compatibility of e-tender site with the computer

being used for uploading) and upload the same with their digital signature in the space provided in

Technical Bid. Please note that few information / option(s) / details have been pre-filled in different

worksheets (Annexure) of the excel file as system default. Bidders are required to go through each

and every information provided / confirmed in all such worksheets (annexure) , get themselves

satisfied regarding applicability and relevance, choose / fill-up information / options relevant to the

bidder and then upload the file. Responsibility and onus of all such information / details / declarations /

undertakings submitted shall lie with the bidder even if those are submitted without changing any / few

/ all of the default values / options as in such case such submissions will be considered as submission

by the bidders only. Few undertakings / declarations are required to submitted on bidders letter head

with signature of authorized signatory (such requirements are clearly specified in the offer checklist

page). Bidders are requested to submit those documents in *.pdf format in the technical bid.

RHQCC23099 Page 9 of 88
 CHAPTER-3

ADDITIONAL INSTRUCTIONS TO BIDDERS (AITB)

RHQCC23099 Page 10 of 88
 CONTENTS TO AITB

SL. NO. DESCRIPTION

1. INTRODUCTION
2. BIDDING DOCUMENT
3. BID VALIDITY
4. EARNEST MONEY DEPOSIT
5. BID SUBMISSION
6. COST OF BIDDING
7. ARRANGEMENT OF BID
8. BID REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED AGAINST PQC
AND OTHER TENDER REQUIREMENTS.
9. BIDDER RESPONSIBILITY FOR QUOTATION
10. PRE BID MEETING
11. BID CLARIFICATION / AMENDMENT BY IOCL
12. CONFIDENTIALITY OF DOCUMENTS
13. IOCL’S RIGHTS
14. APPLICABLE LANGUAGE
15. CURRENCIES OF BID AND PAYMENT
16. PRICES, TAXES & DUTIES
17. SITE LOCATION/ SITE VISIT
18. OWNERS RIGHT TO ACCEPT/ REJECT ANY OR ALL BIDS
19. CONTACTING THE OWNER
20. CONTRACT PERIOD
21. TENDERER / CONTRACTOR
22. INTEGRITY PACT AGREEMENT (IF MENTIONED AS APPLICABLE IN THE NIT)

23. PENALTIES FOR VIOLATION / NON-ADHERENCE OF SAFETY PROCEDURES AND

PRACTICES AND GUIDELINES FOR PERSONAL PROTECTIVE EQUIPMENTS
(PPE)
24. SPECIAL INSTRUCTION TO THE BIDDERS FOR PARTICIPATING IN E-
TENDER
25. IMPLEMENTAION OF INSOLVENCY AND BANKRUPTCY CODE, 2016 (IBC)
26. MOBILIZATION ADVANCE
27. REVERSE AUCTION
28. CONFIDENTIALITY CLAUSE FOR COMPLIANCE WITH INDIANOIL’s INSIDER
TRADING CODE
29. ADDITIONAL SPECIFIC TERMS AND CONDITIONS APPLICABLE FOR FOREIGN
BIDERS PARTICIPATING IN GLOBAL TENDERS (NOT APPLICABLE IN DOMESTIC
TENDERS).

30. OPENING AND EVALUATION OF BIDS

31. PREFERENTIAL PURCHASE

RHQCC23099 Page 11 of 88
 32. DISCUSSION & NEGOTIATION
33. MODIFICATIONS & WITHDRAWAL OF BIDS
34. AW ARD OF WORK
35. INITIAL SECURITY DEPOSIT
36. CONTRACT AGREEMENT/ CONTRACT DOCUMENT
37. BILLING AND PAYMENTS
38. HOLIDAY LISTING OF VENDORS

Note : The Annexure / formats, as applicable for the subject tender (as mentioned in
the NIT or elsewhere in the tender document including Additional Instruction
to Bidders), are available in this document or in the separate excel file
attached with the tender document titled “Annexure-RHQCC23099.xls”.
Bidders are advised to fill up all such annexure, formats, declarations &
undertakings and submit along with technical bid.

Bidders are also advised to go through the ‘Special Instructions to the Bidder
for participating in e-Tender’ and other announcements / guidelines available
at home page of IOCL e-Tender portal to get them acquainted with the
system, procedures & requirements, bidders liabilities, visibility of
documents, latest updates of IOCL’s e-tendering procedures and associated
instructions thereof and bid accordingly.

RHQCC23099 Page 12 of 88
 Chapter – 3..cont

ADDITIONAL INSTRUCTIONS TO BIDDERS (AITB)

1.0 INTRODUCTION
Indian Oil Corporation Limited (IOCL), one of the largest commercial undertakings in
India, is engaged in the business of refining, transportation and marketing of
petroleum products. Indian Oil Corporation Limited (IOCL), India's largest petroleum
refining & marketing player is a Fortune 'Global 500' company. As a group, IOCL
owns and operates eleven refineries in India. The group refining capacity is 80.7
million metric tonnes per annum (MMTPA) or 1.6 million barrels per day - the largest
share among refining companies in India. It also owns and operates a wide network
of crude & products pipelines. It has its own Research & Development Centre
situated at Faridabad, Haryana, near New Delhi.

GENERAL

1.1 This tender is an e-tender and available on Indian Oil e-tender website
“https://iocletenders.nic.in”. The bidding / Tender documents are and shall
remain the exclusive property of IOCL without any right of the Bidder to use
them for any other purpose except bidding and for use by successful Bidder with
reference to the work.

1.2 The bidder shall submit their offer through e-tendering site as mentioned above,
following the steps & procedures guided / stated in the e-tendering portal.
Physical Bids sent through Fax / E-mail / Courier / Post will not be accepted.
Bidder(s) are advised to quote strictly as per terms and conditions of the tender
documents for e-bidding and not to stipulate any deviations / exceptions. Bidder
must ensure that the EMD is made online or Bank Guarantee, if applicable, is
received by IOCL as per the schedule indicated in the NIT.

1.3 In order to bid for Indian Oil e-tenders, all the agencies are required to
obtain a legally valid Digital Signature Certificate (DSC) for their user who is
authorized to submit bids on-line , from the licensed Certifying Authority (CA).
Bidders already possessing the digital signature issued from authorized CAs
can use the same in this tender. Further, the bidder should ensure that the
email address given in the Registration Form is valid & active as all the
communications will be made through this e-mail.

1.4 On no account will any person to whom bidding documents are furnished, part
with possession thereof or copy or disclose the provisions thereof or any of
them or disclose or take copies of tracings or of any drawing, plan or route
forming part thereof, it being understood that the information therein is
confidential, and that the bidding documents are therefore being furnished only
to bidders in strictest confidence.

1.5 The details as called for in the bidding documents shall be filled and
completed by the Bidders in all respect and shall be submitted with requisite
information and Annexure.

1.6 If the space in any Performa of bidding document is insufficient, additional

pages shall be separately added. These shall be page numbered and shall also
carry the bidding document number and shall be signed by the Bidder and
entered in the Index for Bid / in the annexure specifically provided for submitting

RHQCC23099 Page 13 of 88
 deviations (if any). It may be noted that any additional information / details /
additional unsolicited documents uploaded along with technical bid but no
reference of such information / details / documents mentioned in the annexure
will be liable to be summarily ignored by IOCL.

1.7 Bidder shall clearly indicate their legal constitution and the person signing the
bid shall state his capacity as also the source of his ability to bind the Bidder.
The Power of Attorney or Authorization or other document constituting
adequate proof of the ability of the signatory to bind the Bidder, shall be
annexed to the bid. IOCL may reject outright any bid unsupported by adequate
proof of the signatory’s authority.

1.8 Digital signature Certificate (DSC)

Authority of the person uploading the bids with his DSC shall be required to
be submitted in the bids. Document required showing the authority of the person
uploading & submitting the bid with his Digital Signature Certificate shall be as given
in the following table:

In case of Proprietary Concern  If the bid is submitted by the proprietor, no

POA required. However, he will upload
undertaking certifying that he is sole
proprietor.
 If the bid is submitted by person other than
proprietor, POA authorizing the person to
submit bid on behalf of the concern.
In case of Company  Certified copy of Board Resolution
authorizing the person submitting the bid on
behalf of the company
OR
 POA and the supporting Board Resolution
authorising the person submitting the bid on
behalf of the company
In case of Partnership Firm/ POA along with Deed of Partnership / LLP
LLP Agreement.
In case of Co-Operative Copy of resolution passed as per Society Rules
Society

1.9 Bidders / Agencies shall submit their eligibility and qualification documents,
Technical bid, Financial part etc in the standard formats prescribed in the
Tender Documents, uploaded in e-tender website. The bidder shall upload the
scanned copies of all the relevant certificates, documents etc in support of their
eligibility criteria / technical bids in the e-tender website. The bidder shall
digitally sign on the statements, documents, certificates uploaded by him,
owning responsibility for their correctness/authenticity. If any of the documents
/ declarations furnished by the bidder is found to be false / fabricated /
forged, the bidder is liable for black listing, forfeiture of EMD &
cancellation of work.

1.10 Tendering can be abandoned by IOCL at any stage of the tendering process,
without assigning any reason. No compensation shall be paid for the efforts
made by the bidder. The OWNER reserves the right to reject, accept or prefer
any tender or to abort the bidding process without assigning any reason
whatsoever.

RHQCC23099 Page 14 of 88
 1.11 Although ordinarily the lowest responsive bid amongst the bids submitted by
tenderers and considered by the OWNER to be qualified and competent shall
be preferred, the OWNER reserves the right not to accept the lowest bid if in
its opinion this would not be in the interests of the works.

1.12 Consultant(s) appointed for the project / work shall not be allowed to participate
in the tender either directly or indirectly. An indirect participation shall include
participation through an affiliate or as a sub- contractor, consultant or
supplier. The expression ‘affiliate’ for the purpose of this clause will
include any person, or company or association (howsoever designated)
who/which is a member of the consultant (if the consultant is a joint venture or
consortium or who or which directly or indirectly holds 10% (ten percent) or
more of the capital or voting capital of consultant (if the consultant or any
of its members is a company or a body corporate) or who or which is a
consultant or sub-contractor of the consultant with regard to the project.

1.13 Consultants or their subsidiary company or companies under the

management of consultant, are not eligible to quote for the execution of the
same job for which they are working as consultant.

1.14 Any legal dispute shall be within the jurisdiction of local court.

1.15 Notwithstanding any other terms and conditions and circumstances leading to
rejection of offer, Offer of any bidder is liable for rejection in any of the
following circumstances:

i. Does not pay the EMD / does not submit Original BG against EMD before
deadline specified in NIT
ii. Does not fulfill minimum pre qualification criteria (PQC) as per the
Tender Documents
iii. Submits the tender late i.e. after due date and time
iv. Unsolicited tenders
v. Stipulates the validity period less than what is stated in the
Tender Documents
vi. Stipulates his own conditions and does not agree to withdraw the
deviations, rendering his bid unacceptable
vii. Does not disclose the full names and addresses of all his partners
or Directors as applicable wherever specifically called for in the tender.
viii. Does not fill in and sign the required annexures, Formats, specifications,
etc. as specified in the tender.
ix. Does not submit bid in the prescribed format making it impossible to
evaluate the bid
x. Indulges in tampering of tender documents
xi. Does not conform to any tender condition which stipulates
nonconformance of tender conditions as a rejection criteria.
xii. Does not have his PF Code/ Number from the Regional Provident
Fund Commissioner, if the relaxation in this regard is not stipulated in the
tender. However, PSUs / organizations having their own PF trust /
Govt. PF are considered ‘At Par’ with the bidders registered with the PF
authorities, the necessary documentary evidence shall be submitted along
with the bid.
xiii. Within the validity period, if the party increases the price or refuses to
keep their offer valid without variation, the bid shall be rejected and EMD
shall be forfeited, in addition to initiation of other punitive actions, as deem
fit.

2.0 BIDDING DOCUMENT:

RHQCC23099 Page 15 of 88
 The bidding document that is downloaded shall be submitted on-line as per the
procedure stipulated in the website with the digital signature. The bidding document
shall not be transferred to any other agency. The digital signature shall be considered
as bidders confirmation that he / they have read and accepted all the conditions laid
down in the Tender Documents.

2.1 Any bidder submitting his / their bid through e-tender portal using Digital
Signature shall be considered as he / they have downloaded the entire tender
document from the e-tender website, have read and considered all details ,
constituents of tender documents, terms & conditions and submitted their offer in
complete compliance of the requirement of the tender.

2.2 Any addendum / corrigendum / sale date extension in respect of this tender
shall be issued on our website: ‘https://iocletenders.nic.in’ only and no separate
notification shall be issued in the press and no separate communication shall
be issued / sent to the bidders either as a notification or as reply to their query /
request for such addendum / corrigendum / sale date extension. Bidders are
therefore requested to regularly visit our website to keep themselves updated
and bid accordingly.

3.0 BID VALIDITY:

Unless otherwise any higher period of bid validity specified in the NIT or elsewhere in
the tender document, the Bid (Offer along with the quoted rates) shall remain valid for
acceptance for a period of 04 (Four) months from the date of opening of Tender
(Opening of Technical Bid) as mentioned in the NIT or extensions granted thereof
through addendum /corrigendum, if any. The bidder shall not be entitled to modify,
vary, revoke or cancel his bid during the said period. On account of exigencies or
as per requirement of IOCL, in case bids have to be revalidated beyond the originally
sought validity, the same may be extended by the bidder on request of IOCL.

4.0 EARNEST MONEY DEPOSIT (EMD), IF APPLICABLE, AS MENTIONED IN THE NIT :

4.1 The bid must be accompanied by Earnest Money of amount mentioned in the
Notice Inviting Tender and in the manner as specified in the NIT. No interest
shall be payable by IOCL for this Earnest Money Deposit. However no EMD is
to be paid in case the EMD amount is specified as Nil /Not Applicable in the
NIT.

4.1.1 Exemption from Paying EMD :

Bidders in the following categories shall be exempted from paying EMD :
i. Micro & Small Enterprises (MSE) registered with agencies as
per the notification issued by the Ministry of Micro, Small and
Medium Enterprises.
ii. Government organization & Public Sector Undertaking of the
iii. Central / State Government.
iv. JV/ Subsidiary companies of IOCL
v. Start up recognised by DIPP

Bidders claiming exemption from paying EMD, must upload relevant

valid supporting document along with their technical bid failing which
their bid will be liable to be treated as Bid without EMD.
4.2 Unless otherwise the bidder is exempted from paying EMD (as per eligibility of
exemptions specified in NIT), “Earnest Money Deposit” (EMD) mentioned
above shall be paid online. However, in case of EMD amount is more than
Rs. 1.00 Lakh the bidders shall have option to submit EMD through a “Bank
Guarantee” from any Bank recognized as Scheduled Bank by Reserve Bank of
RHQCC23099 Page 16 of 88
 India, in favour of Indian Oil Corporation Ltd. (Refineries Division) New Delhi as
per the format given in Tender Document.

a. Bidders may get the Bank Guarantee issued from any Bank
recognized as Scheduled Bank by Reserve Bank of India. Earlier, upon
receipt of the Original Bank Guarantee, IOCL was seeking confirmation of
the same directly from the issuer Bank / branch to consider it a valid
instrument. However, for faster confirmation of the Bank Guarantee i.e.
faster processing of the tender, henceforth BG issuing bank will send
SWIFT copy of BG details to SBI who in turn will confirm authenticity of the
issuance of BG to IOCL directly in the form of signed hard copy through
courier/post/e-mail. Only after this confirmation, BG will be issued by
issuing bank to IOC directly. This process will make the BG confirmation
system faster by reducing the BG confirmation time. To avail this facility ,
BG issuing bank will send SWIFT copy of BG to SBI at the following IFSC
code: (i) Bank Name : State Bank of India (ii) Branch Address : Corporate
Accounts Group Branch II, New Delhi (iii) IFSC Code : SBIN0017313

b. Details of IOCL’s Bank Account for the purpose of Issuance of Bank

Guarantee against EMD is as under :

Beneficiary Name :Indian Oil Corporation Limited

Bank Name :State Bank of India
Branch :CAG Branch II, 4th / 5th Floor, Redfort Capital
Parasvnath Towers, Bhaiver Singh Marg, New Delhi -
110001
Account No. :10813608818
Account Type :Special Withdrawal Account
IFSC / RTGS Code :SBIN0017313

c. The Bank Guarantee towards EMD shall be furnished on non-judicial stamp

paper or e-stamp paper of value not less than Rs.100/- (Rupees One
Hundred only) and as per Performa mentioned in General Conditions of
Contract of the Tender Document. The Bank Guarantee shall be kept
valid for a period of minimum 7 (Seven) months from the date of opening
of Tender or till validity of the offer, whichever is later. Tenders without
Earnest Money are liable to be rejected. However, MSE’s agencies covered
under MSME act, Central/State PSU and JVs of IOCL are exempted from
submission of EMD. Bidder claiming such exemption needs to submit
necessary valid documentary proof of their eligibility.
d. The scanned copy of the BG/ Receipt of online deposit shall be submitted
along with Techno-commercial Bid.
e. The Original BG (if applicable) shall be submitted / delivered in person
or sent by post so as to reach the Tender issuing Authority as stipulated in
the NIT.

f. The rating of the bank sanctioning the BG should not fall below the rating
of 'A' from Moody's or equivalent (from other rating agency) in case of
foreign bank and rating of 'AA' from CRISIL or equivalent (from other rating
agency) in case of Indian banks during the tenor of the BG. In case the
rating falls below threshold level at the time during the tenor of BG, the
party will arrange to replace the BG, at its own cost, through bank
acceptable to IOCL.

g. If BG is submitted against EMD then preferably the bidders will specify the
complete contact details (Postal address, Telephone Number and Official

RHQCC23099 Page 17 of 88
 email id) of BG issuing bank / branch to facilitate IOCL seek faster
confirmation of authenticity of the BG.

4.2.1 ACCEPTANCE OF BANK GUARANTEES (BG)

BG upto Rs. Two crore can be accepted if it is issued by an Indian branch of

any scheduled bank appearing in the Second Schedule to the RBI Act, 1934.

BG of above Rs. Two crore can be accepted if it is issued by an Indian branch

of:

Any Nationalized / PSU bank appearing in the Second Schedule to the RBI
Act, 1934

Or
Any scheduled bank (other than a Nationalized Bank / PSU bank) having at
least Desired Credit Rating at the time of acceptance of BG

Desired Credit If the tenor of LC / BG is If the tenor of LC /

Rating as defined more than 1 year, credit BG is upto 1 year,
as under: Bank rating of credit rating of
In case of foreign 'A' of Moody's or equivalent 'P-1' of Moody's
banks or equivalent i.e.
highest short term
rating
In case of Indian 'AA' of CRISIL or equivalent 'A 1 +' of CRISIL
banks or equivalent i.e.
highest short term
rating

In case if the credit rating falls below the Desired Credit Rating during
the validity period, the concerned party shall either submit a fresh BG or
get the existing BG confirmed/ counter Guaranteed, at its own cost,
through a bank meeting the Desired Credit Rating requirement.

Ann-I
Bank Relationship Panel of IOC

S No Bank Name Indian / Foreign

1 Allahabad Bank Indian

2 Andhra Bank Indian
3 ANZ Bank Foreign
4 Axis Bank Indian
5 Bank of America Foreign
6 Bank of Baroda Indian
7 Bank of India Indian
8 Bank of Maharashtra Indian
9 Bank of Nova Scotia Foreign
RHQCC23099 Page 18 of 88
 10 Bank of Tokyo - Mitsubishi UFJ Foreign
11 Barclays Bank Foreign
12 BBVA Bank Foreign
13 BNP Paribas Bank Foreign
14 CAJA Madrid Foreign
15 Canara Bank Indian
16 Central Bank of India Indian
17 Citibank Foreign
18 Corporation Bank Indian
19 Credit Agricole -CIB Foreign
20 DBS Bank Foreign
21 Dena Bank Indian
22 Deutsche Bank Foreign
23 DNB Bank ASA Foreign
24 DZ Bank AG Foreign
25 Exim Bank of India Indian
26 Federal Bank Indian
27 First Rand Bank Foreign
28 HDFC Bank Indian
29 HSBC Bank Foreign
30 ICICI Bank Indian
31 ICBC Bank Foreign
32 IDBI Bank Indian
33 IFCI Indian
34 Indian Bank Indian
35 Indian Overseas Bank Indian
36 Indusind Bank Indian
37 Intesa Sanpoulo Bank Foreign
38 JP Morgan Chase Bank Foreign
39 Karur Vysya Bank Indian
40 Kotak Mahindra Bank Indian
41 Mizuho Corporate Bank Foreign
42 National Bank of Abu Dhabi PJSC Foreign
43 Oriental Bank of Commerce Indian
44 Punjab & Sind Bank Indian

RHQCC23099 Page 19 of 88
 45 Punjab National Bank Indian
46 Royal Bank of Scotland Foreign
47 SIDBI Indian
48 South Indian Bank Indian
49 Standard Chartered Bank Foreign
50 State Bank of India Indian
51 Sumitomo Mitsui Banking Corporation Foreign
52 Syndicate Bank Indian
53 UCO Bank Indian
54 Union Bank of India Indian
55 United Bank of India Indian
56 United Overseas Bank Foreign
57 Vijaya Bank Indian
58 Westpac Foreign
59 YES Bank Indian

4.3 If the Bidder, after submitting his bid, revokes his offer or modifies the
items and conditions thereof during the validity of his offer except where IOCL
has given opportunity to do so, the Earnest Money shall be liable to be
forfeited. Bids not accompanied by Earnest Money will not be considered.
4.4 Should an “Invitation to Bid” be withdrawn or cancelled by IOCL, which it
shall have the right to do so at any time, the Earnest Money paid with the bid
will be returned to the Bidder.
4.5 Should the successful Bidder fail or refuse to sign the agreement and
submit the necessary Bank Guarantee(s) towards Security Deposit within the
stipulated time, the Earnest Money shall be forfeited without prejudice to his
being liable to any further loss or damage incurred in consequence.
4.6 Earnest Money shall also be liable for forfeiture in the following
circumstances:
4.6.1 The Earnest Money deposited by a successful bidder / tenderer shall be
liable to be forfeited / encashed if the successful bidder / tenderer fails to
deposit or furnish the requisite Initial Security Deposit (ISD) as specified in
the General Conditions of Contract within 10 (ten) days [30 days in case of
LSTK contacts where LSTK GCC is applicable] of the receipt of the
Acceptance of Tender or any extension thereof permitted by the OWNER
and/or fails to execute the contract in accordance with the Form of Contract
within 30 (thirty) days of receipt of Letter of Acceptance in this behalf
from the OWNER or within such extended period as may be permitted by
the OWNER for the purpose. Such forfeiture or encashment shall not be by
way of penalty or liquidated damages but by way of recovery of the agreed
pre estimate of costs incurred by the OWNER in the process relative to the
bid and in the examination and / or evaluation of the bid.
4.6.2 A bidder / tenderer who purports to alter, modify or withdraw its / his /
their bid / offer after submission within the period during which it / he / they
promised to keep its / his / their bid valid, shall be liable to have its/ his /
RHQCC23099 Page 20 of 88
 their tender rejected and its / his / their Earnest Money deposit or bank
guarantee submitted by way of earnest money forfeited / encashed not
by way of penalty or liquidated damages but by way of mutually agreed
pre-estimate of costs incurred by the OWNER in the process relative to the
bid and in the examination and / or evaluation of the bid.
4.6.3 In case the bid is rejected due to submission of false / fake / forged
documents.
4.6.4 In case the lowest (or Rank – 1) bidder backs out before the work order is
placed or before the starting of execution of the work order, EMD of the
lowest (or Rank -1) bidder shall be forfeited in addition to initiating other
punitive actions, as deem fit.
4.7 Release of EMD :
4.7.1 EMD of bidders disqualified during techno-commercial bid evaluation shall
be released (WITHOUT INTEREST) after completion of Techno
commercial evaluation of offers (Acceptance & Rejection) at e-tender
portal towards Price Bid Opening.
4.7.2 EMD of bidders qualified in the techno-commercial bid but unsuccessful in
the price bid stage shall be released after final approval of the ordering
proposal by the competent authority and completion of financial evaluation at
e-tender portal.
4.7.3 In the above two cases, EMD paid through online mode shall be refunded
automatically after completion of Techno commercial evaluation / financial
evaluation , in the same account / source from which the amount was paid
online. For details please refer to FAQ about EMD.
4.7.4 EMD of the successful bidder shall be released after receipt of an
acceptable ISD (Initial Security Deposit)/ Security Deposit in the form of
BG. If the bidder pays EMD in the form of Online, the bidder shall be
allowed to submit the balance ISD after adjusting amount submitted
against EMD by Online transfer / BG.

The Earnest Money of the successful Bidder will be discharged when the
Bidder has signed the Contract Agreement and furnished the necessary
Bank Guarantee(s) towards Security Deposit / Initial Security
Deposit. Earnest Money of the unsuccessful Bidders shall be returned
at different stages of evaluation /award as per the details mentioned in
instruction to bidders for participating in e-tender / Frequently Asked
Questions (FAQ) about EMD uploaded in IOCL e-tender portal. Bidders are
advised to go through the instruction to bidders for participating in e-tender /
Frequently Asked Questions (FAQ) about EMD uploaded in IOCL e-tender
portal for guidelines /clarification regarding payment /deposit of EMD.

Bidders are also advised to go through the documents, instructions and

FAQs provided in e-tender home page (In the scrolling message bar, in
RHS bottom portion of the home page and other sections, a typical view of
the e-tender home page is appended below for reference) to get them
acquainted about the system and requirements and bid accordingly.

RHQCC23099 Page 21 of 88
5.0 BID SUBMISSION:

5.1 Bidders shall submit their offers online after completing the download and
must be submitted by the time and date mentioned in the Notice Inviting
Tender at the website address (IOCL e-Tender site) stated therein.

5.2 Each e-Tender will provide access to Techno - Commercial as well as Price
part of tender. Along with the Techno - Commercial part, Bidders can attach
the required documents with their offers on line as per clause no. 5.3.

5.3 Agencies are advised to digitally sign the documents that are uploaded and
encrypt the file data before submitting to the e-tendering portal of IOCL by
following the given procedure on-line mentioned in the e-portal site.

5.4 The successful bid submission can be ascertained once acknowledgement is

given by the system through bid submission number after completing all the
process & steps. Users may also note that the incomplete bids will not be saved
by the system and are not available for processing and evaluation.

5.5 The PRICE PART shall contain only “Schedule of Rates” duly filled in and any
other information / document which has been specifically asked to be furnished
along with the price part. It is to be noted that the Price bid shall contain only
PRICES and no conditions whatsoever.

5.6 The bid shall be digitally signed by someone legally authorized to enter
into commitment on behalf of the Bidder. Bidder shall upload among other
documents, Power of Attorney in favour of the person who is authorized
to enter into commitments on behalf of the Bidder.

5.7 IOCL will not be bound by any Power of Attorney granted by the Bidder or
changes in the constitution of the firm made subsequent to submission of the bid
or after the award of the contract. He may, however, recognize such Power of
Attorney and changes after obtaining proper legal advice, the cost of which will
be borne by the Bidder.

5.8 The cancellation of any document such as Power of Attorney, Partnership

Deed, etc. should be communicated by the Bidder to IOCL in writing well in
time, failing which IOCL shall have no responsibility or liability for any action
taken by IOCL on the strength of the said documents.

5.9 Should the Bidder have a relative or relatives in IOCL or one or more
of its shareholders are employed in a superior capacity in IOCL, the relevant
RHQCC23099 Page 22 of 88
 authority inviting bids shall be informed of the facts at the time of submission of
the bid, failing which the bid may be disqualified or if such fact subsequently
comes to light, IOCL reserves the right to take any other action as it deems fit in
accordance with any applicable law, Rules, Regulations of the like in force.

6.0 COST OF BIDDING:

The bidder shall bear all direct and indirect costs associated with the preparation or
delivery/ submission of their Bid, participating in discussions etc. including costs and
expenses related with visits to the OWNER’s offices, visit of work site(s), digital
signatures etc. IOCL will in no case be responsible or liable for reimbursement of
those cost and expenses regardless of the outcome of the bidding process.

7.0 ARRANGEMENT OF BID

Bids should not contain any terms and conditions, which are not applicable to the bid.
Insertions, postscripts, additions and alterations shall not be recognized unless
digitally signed by a person, legally authorized to enter into agreement on behalf of
the Bidder.

8.0 BID REQUIREMENTS

8.1 PROPOSAL OF THE BIDDER

The Bidder shall arrange his bid as detailed in Clause-5.0 herein above. In the
Techno- commercial & Un-priced Bid (Part-I) apart from the Tender submitted
on-line, the following attachments, as applicable, shall be uploaded along
with the Part-I of the offer:

FOLLOWING DOCUMENTS ARE TO BE UPLOADED ALONG WITH

TECHNO- COMMERCIAL PART OF E-BID (PART-I), UNLESS
OTHERWISE INDICATED AS ‘ NOT APPLICABLE’ IN THE NIT OR
ELSEWHERE IN THE TENDER DOCUMENT:
a. Acceptance of Tender Document on letterhead of the bidder on the format
specified as per Annexure - XVI.
b. Copies of Statutory Documents (PAN, PF, ESI, GSTIN, Proprietorship
Affidavit / Partnership Deed / Certificate of Incorporation, M & A o A) and
Power of Attorney of both bid signatory as well as DSC holder.
c. Valid Income-Tax Assessment orders/copy of the Income Tax
return duly acknowledge by Income tax Department for the last three
years.
d. Copy of EMD instrument or its exemption document
e. Integrity Pact Agreement (IPA), if applicable
f. Offer checklist, undertakings, declarations as per Annexure provided in
separate file titled “Annexure-RHQCC23099.xls”.
g. Other documents as mentioned in the NIT and / or in the check list &
Instruction to Bidders / Additional Instruction to Bidders, if any.
h. Vendor bank account details on bidders letter head with supporting
documents, in case the bidder is not an existing vendor of IOCL.
i. Any other information required in the Bidding Documents or considered
relevant by the Bidder
j. Documents in Support of Pre Qualification Criteria (PQC) of the
Tender additional Technical Criteria (if applicable).

RHQCC23099 Page 23 of 88
 8.1.1 Additional Notes / details for submission / evaluation of PQC
documents :
i. In case, the executed value of job is more than work order value and
bidder claims for meeting the PQC requirement on the basis of executed
value then it is the responsibility of the bidder to submit the
documentary evidence of final executed value (such as copy of final bill
OR, executed value mentioned in completion certificate etc.) along with his
bid.
ii. If the documentary evidence of executed value is submitted by the
bidder along with his bid then the work order value or executed value,
whichever is higher, shall be considered for meeting PQC requirement and
his offer will be evaluated accordingly. If no documentary evidence is
submitted by the bidder for the completion value then his offer will be
considered on the basis of the work order value of successfully completed
work (completion certificate has to be submitted specifying completion of
work and date of completion) and no further query in this regard will be
made.

iii. For ARC jobs (more than one year duration), evaluation for experience
criteria shall also be based on annualized value of work order or annualized
executed value, whichever is higher and submitted by the bidder.

iv. The amount considered for meeting the experience criteria of PQC shall be
exclusive of Service Tax / GST. In case the value of job submitted by
the bidder does not have clarity with regard to inclusion / exclusion of
Service tax / GST, the amount appearing in the certificate shall be
considered exclusive of tax and shall be evaluated accordingly.

v. If the work order or completion value are specified in any foreign currency
then evaluation shall be done by working out equivalent INR value based
on currency conversion rate prevailing as on date of issuance of such work
order / completion certificate.

vi. For fulfilling the experience criteria against work order(s) following
documents may be considered as valid proof for meeting the criteria:
a. Purchase/ Work Order copy with Schedule of Rates/ Scope of
Works and,

b. Satisfactory Completion certificate by client with executed value,

date of completion of the job and reference work order number
mentioned in the certificate. In case executed value is not
mentioned in the completion certificate issued by the client, work
order value with amendments, if any, shall be considered for the
purpose of evaluation.
vii. Unless otherwise specific relaxation specified in the NIT, the work order
submitted by the bidder towards meeting PQC has to be completed i.e.
ongoing contracts / works in progress will not be considered even though
the executed amount of work till the date of issuance of certificate by
respective client / owner meets the value of similar nature of works criteria.
viii. However, ARC jobs successfully completed by the bidder for the
originally awarded / extended period of such ARC shall be considered as
completed works even though such ARC is under execution on account
of extension. However in such cases completion of original contract
period has to be mentioned in the completion certificate, preferably as
per the format specified below.

RHQCC23099 Page 24 of 88
 Format for Certification of Contractual Completion for ARC’s running
Under Extension. (To be submitted in case work order and
completion certificate of any Annual rate Contract which is under
extension is submitted by the bidder against the pre qualification for
similar nature of work criteria).

Sr. Description Details to be filled

No
1 Name of Work
2 Name of company under
which work is executed
3 Work Order Number
4 Work Order Value
5 Date of Commencement
6 Contractual Completion
Date
7 Executed Value up to
Contractual Completion date
8 WO extended up to date

The above details have to be duly certified by Engineer-in-Charge /

WO Issuing Company on their letter head with signature and stamp.

ix. Whenever a contractor had worked as a sub-contractor to main

contractor, their experience also can be considered. However, with
regard to such Sub-Contracted work order, in addition to submission of
work order and completion certificate issued by the main contractor to
the sub-contractor, the bidder has also to submit a Certificate from the
end user / Owner / Consultant of the Owner stating that the main
contractor has intimated them about the engagement of sub-contracting
OR have been allowed / permitted as a sub-contractor.
x. For experience, the work executed by the bidder, as main or sub-
contractor, during any of the last five years (unless otherwise any
other increased period specified in the NIT in this regard) ending on
last day of the month immediately previous to the month in which the last
date of bid submission falls shall be considered (in case of extended bid
submission date, original bid submission date shall be considered). For
the purpose of determination of valid cutoff date for past work
experience the completion date shall be within last five years
(irrespective of work order issue date and date of commencement) as
mentioned above.
xi. For fulfilling the financial criteria (Annual Turn Over), an audited balance
sheet and audited profit and loss account statement (P&L Account
Statement) of the bidder shall be considered as acceptable proof.
Published Annual report available in the public domain shall
also be acceptable is such reports are submitted by the bidder . In case
the NIT publication date is within 06 (six) months from close date of
preceding financial /accounting year, the bidder can submit the balance
sheets of any of the previous three years (excluding the immediate
preceding year), if the balance sheet of immediate preceding year is not
available and the bidder has to submit a declaration in this regard that
audited balance sheet of the immediate preceding year is not available
as on date of submission of offer. As per prevailing financial rules of GOI,
all audited balance sheets shall mandatorily have the Document
RHQCC23099 Page 25 of 88
 Identification Number (DIN) mentioned by the auditor for AY 2019-20
onwards.

xii. The experience of bidding entity will only be considered unless

specifically permitted in the tender document to use the credentials of its
parent OR sister OR associated OR subsidiary OR any group company
to meet the Experience Criteria.

xiii. Submission of authentic documents is the prime responsibility of the

bidder.

xiv. Wherever IOCL has concern or apprehension regarding the authenticity/

correctness of any document, IOCL reserves the right of getting
the authenticity of documents cross verified from the document issuing
authority. For convenience of IOCL i.e. for faster processing of the
tender, bidders are advised to state complete contact details with email id
and telephone number of work order / completion certificate issuing
authorities (against the documents submitted by them for meeting PQC)
in Annexure- IV.

xv. Notwithstanding any other condition / provision in the tender documents,

bidders are required to submit complete documents pertaining to PQC
along with their offer. Failure to meet the PQC will render the bid to be
summarily rejected. IOCL reserves the right to complete the evaluation
based on the detailed furnished by the bidder, with or without seeking
any additional supporting documents / clarification.

xvi. Foreign bidders are not permitted to bid against domestic tender.
xvii. In case of Global Tenders, a foreign bidder submits any of the
Pre Qualification supporting documents in any language other than
English, then it will be the responsibility of such foreign bidder to also
provide the English translation copy of the same duly certified, stamped
and signed by their Local Chamber of Commerce / Notary.

xviii. In case of involvement of foreign contractors (against Global Tenders),

tenders can be submitted either by the contractor directly OR by their
Indian Agent on behalf of them, but not both. The Indian Agent should
represent only one contractor and he should not be allowed to quote on
behalf of another contractor for subsequent or parallel tender for the
same job.

xix. Notwithstanding any other condition / provision in the tender

documents, bidders are required to submit complete documents
pertaining to PQC along with their offer. Failure to meet the PQC will
render the bid to be summarily rejected. IOCL reserves the right to
complete the evaluation based on the details furnished by the
bidder, with or without seeking any additional supporting documents
/ clarification.

8.2 PART-II - PRICED PART

Priced Bid shall contain Schedule of Rate(s) / percentage (as per the given
BoQ quotation file) duly filled up in the Excel Sheet and uploaded in Price Bid of
the tender.

RHQCC23099 Page 26 of 88
 No stipulation, deviation, additional terms & conditions, presumption, basis etc.
shall be stipulated in Price part of the bid. Owner shall not take cognizance of
any such additional statement / facts / figures stated in price bid and may at
their s o l e discretion reject such Price Bids. Bidders are also to note that
Prices / rates are to be quoted in the Price Bid only in the given format.
Scanned / Photocopy of Price bid are not acceptable and such bids shall be
summarily rejected. BOQ (Bill of Quantity) is to be submitted after making
entries in highlighted cells, without changing any format. Price bid /quotation
/price offer submitted in any format other than the given BoQ format shall be
ignored and shall not be considered for evaluation. Price (s) quoted / indication
of prices given at any other place / with any other document submitted in
Technical Bid or elsewhere in the bid shall be ignored and shall not be given
any cognizance for the purpose of evaluation. Selection of "L-1 bidder" / “Rank
– 1 bidder” / "Landed Cost" shall be determined based on the prices / rates /
percentage (as applicable) quoted by the bidders in price bid and by including
the applicable 'Goods & Service Tax' as quoted / confirmed by the bidder.

9.0 BIDDER’ S RESPONSIBILTY FOR QUOTATION

Although all details presented in this bid documents have been complied with all
reasonable care, it is the Bidder’s responsibility to ensure that the information
provided are adequate and clearly understood.

Bidder, if desired, may inspect the site and surrounding area and shall satisfy
himself of the existing facilities and shall collect any other information, which he may
require before submitting the bid. Bidder’s quotation is the responsibility of the
Bidder and no relief or consideration can be given for errors and omissions or
misunderstanding (if any).
10.0 PRE BID MEETING
a. Pre-bid meeting, if schedule & venue are mentioned in the NIT, shall be held
in the office of the tender inviting authority as per schedule mentioned in the
NIT. If, pre-bid meeting is there (as per NIT), bidders are advised to inform their
participation (maximum two persons per bidder) through email to tender inviting
authority (email id specified in the NIT) at least two days in advance. They are
also advised to send the pre-bid queries, if any, at least two days before the
scheduled pre-bid meeting date strictly as per the format provided below.

PAGE NO.
SL. OF BID
NO CLAUSE NO. SUBJECT PRE- BID QUERY
DOCUMENT

b. In case it is mentioned in the NIT that Pre Bid meeting is Not Applicable / Shall
Not be held but any interested bidder finds it essential to have some clarification
on any / few terms & conditions of the tender OR, on scope of works OR, any
other query related to the subject tender, then he /they may send such query, in
the above format, within 7 days of publication of NIT through email to the Tender
Inviting Authority.

11.0 BID CLARIFICATION / AMENDMENTS BY IOCL:

IOCL may issue clarifications / amendments in the form of addendum / corrigendum
during the bidding period and may also issue amendments subsequent to receiving
of the bids. For the addendum / corrigendum issued during the bidding period i.e.
before the last date of bid submission, bid submitted by any bidder shall be
RHQCC23099 Page 27 of 88
 considered as inclusive and in compliance of the said addendum / corrigendum in
their bid. For clarifications issued by IOCL subsequent to receiving of the bids, the
bidder shall confirm receipt on line through e-tender portal and for any impact on the
quoted prices, the bidder shall follow the instructions issued, if any, along with said
addendum / corrigendum.

Bidders shall examine the Bidding documents thoroughly and submit to IOCL any
apparent conflict, discrepancy or error as pre-bid query or directly through email to
Tender Inviting Authority. IOCL shall issue appropriate clarification or amendment, if
required. Any failure by bidder to comply with the aforesaid shall not excuse the
bidder from performing the contract / services in accordance with the agreement, if
subsequently awarded the contract.

All questions and clarifications related to Bidding documents shall be

addressed in writing only to the Tender Inviting Authority (TIA).

All replies to such queries / questions / concerns, if found relevant and required, as
per sole decision of IOCL, will be circulated to all bidders i.e. published through
addendum / corrigendum at e-tender portal without identifying the source of such
inquiry. No separate clarification / reply shall be issued to individual bidder(s) in
any other mode.

It will be open to the OWNER either to respond in writing to the query or

clarification sought by a prospective bidder, or to issue any clarification at a pre -
bid meeting of prospective bidders, and thereafter if it deems fit, to issue an
Addendum with respect to any of the clarifications so given. Any
clarifications given in writing to a prospective bidder shall be deemed to be
an Addendum to the Tender Documents and shall be circulated together with the
query to all the prospective bidders (addendum / corrigendum through e-tender
portal) with a view that it shall form part of the Tender Documents in the same
manner as any other Addendum issued by the OWNER. Any oral clarification
given to a prospective bidder either in the pre-bid meeting or otherwise shall be
a mere courtesy and shall neither be binding on the OWNER or on the
CONTRACTOR nor shall constitute a part of the Tender Documents. Owner is not
bound to respond to each and every queries so raised which in the opinion of the
Owner are not required to be responded. Any query / clarification (raised during
pre-bid meeting/ asked through any other communication to TIA), unless and
otherwise responded by Owner in the form of clarification /addendum /corrigendum
shall not affect the terms and conditions of the tender document and shall be
deemed to cease to exist. Agencies raising such queries will not have any right or
remedy in future during execution of contract (if awarded) for interpretation of
tender terms and conditions based on such un-responded queries.

Also please note that any addendum / corrigendum / sale date extension in respect
of subject tender shall be issued on our website: ‘https://iocletenders.nic.in’ only and
no separate notification shall be issued in the press . We may not also issue any
such communications / clarifications directly to individual prospective bidders.
Bidders are therefore requested to regularly visit our website to keep themselves
updated and bid accordingly.

12.0 CONFIDENTIALITY OF DOCUMENTS

The Bid documents are and shall remain the exclusive property of the OWNER
without any right in the Bidder to use them for any purposes except for the purpose of
bidding and for use by the successful Bidder with reference to the resultant contract.

On no account will any person to whom the Bid documents are furnished, part with
the possession thereof or copy or disclose the provision thereof or any of them or
RHQCC23099 Page 28 of 88
 disclose or take copies of any drawings, plans or other documents comprised therein,
it being understood that information given in the Bid documents is the proprietary and
confidential information of the OWNER, and that the Bid documents are therefore
being furnished only in the strictest confidence. The intending Bidder may, however,
disclose the Bid documents and/or furnish copies in whole or part thereof to
employees, Contractors and/or potential Indian Engineering subcontractors involved
in the preparation of the Bid who have understood the proprietary and confidential
nature of the documents and have undertaken to be bound by and maintain
confidentiality. The Bid of any bidder who contravenes any of the foregoing
provisions hereof is liable to be rejected.

13.0 IOCL’s RIGHTS

13.1 I OCL reserves the right to accept a bid other than the lowest and to accept or
reject any bid in whole or part, or to reject all bids with or without assigning any
reasons. Such decision by IOCL shall bear no liability whatsoever consequent
upon such decisions.

13.2 The intending tenderer as a pre-requisite must produce documentary

evidence(s) of all documents required as mentioned in this document and
upload the same along with the techno-commercial part of their offer. In case of
non-submission of above documents or submission of incomplete documents as
per above documents or submission of incomplete documents as per above
clause along with Part-I, IOCL reserves the right not to evaluate such offers
further and not to enter into correspondence in this regard after opening of offer.

13.3 Unless otherwise specifically mentioned in the NIT regarding (i) IOCL’s intent
to split the tender to line up more than one agency OR, (ii) splittabliity to give
purchase preference to MSE bidder OR, (iii) any different evaluation and
award methodology ;the subject work shall be treated as indivisible and shall
be awarded in part or full to single successful bidder. The bidder's bid shall be
valid for part or whole work of the tender as per the instructions and Terms &
conditions stated in BOQ / Price Part. The bidder cannot revoke/ modify/ alter his
bid due to modification and the EMD of such bidder revoking/ modifying/ altering
his bid shall be forfeited.

14.0 APPLICABLE LANGUAGE:

The bids and all correspondence incidental to and concerning to this bid shall be in
English language only. For documents submitted in any other language, an English
Translation shall also be submitted, in which case, for interpretation of the offer, the
English Translation shall govern.

15.0 CURRENCIES OF BID AND PAYMENT

Unless otherwise specifically permitted in the Price Quotation Form (BoQ) file
uploaded in the tender document for submission in the price bid, Bidders shall quote
their prices in Indian Rupees (INR) only.
In case of Tenders floated as “Global Tender” (Specified in NIT), foreign bidders may
choose appropriate currency from the dropdown menu available in the BoQ quotation
file. Indian Bidders participating in Global tenders has to choose INR only as currency
and quote accordingly. In case any Indian bidder has chosen any currency other than
INR then his bid will be evaluated considering his quote deemed to be in equivalent
INR with firm exchange rate prevailing as on date of opening of price bid. In case of
multi currency BOQs, drop down option will be there for selection of currency. In the
tender document any one currency shall remain pre selected (default) due to system
requirement and it will be the responsibility of the bidder to recheck and select
relevant currency applicable to them.

RHQCC23099 Page 29 of 88
16.0 PRICES, TAXES, DUTIES
The Bidder should quote firm prices / rates taking into account of all Duties, Levies,
Personal Tax, Corporate Tax and all other expenditure required to be incurred by
him/her for providing required services / deliverables etc. during the contract period
as indicated under this contract and after wards no variation on any account unless
otherwise specifically mentioned will be allowed. The quoted prices for all the items
should be inclusive of all levies & duties etc. all complete basis except Goods &
Services Tax (GST) which shall be paid at the applicable rate as quoted /
confirmed by the bidder as under :
(a) In Annexure –XVII for tenders floated without Reverse Auction i.e. where quotation
/ confirmation of GST is not asked in the priced BoQ and,
(b) In the Price Bid itself in case of Tenders floated with Bid Cum Auction mode where
quotation of landed cost (including GST) are asked to be quoted in the price bid .

Goods & Service Tax (GST)

16.1 The Owner /IOCL intends to avail Input Tax Credit (ITC) under GST , if
applicable, on the supply of services in the subject work Bidder has to obtain
GSTIN registration at the location where Works Contract Services are to be
performed or carried out. In case of other type of services, Bidder may decide
depending upon their business requirement and provisions of GST Laws.
However, it is advisable to obtain GSTIN in the State where job is required to be
carried out/executed.

16.2 Bidders are to necessarily indicate their Goods & Service Tax Identification
Number (GSTIN) along with their techno commercial bids unless and
otherwise they are exempted as per GST Laws & Rules. Offers without
GSTIN shall be treated at par with “Unregistered” Taxable Person as
described in para (16.6) below.

16.3 Depending upon the nature of service of subject tender, category of services,
service accounting code(SAC) and applicable rate of GST (SGST+CGST OR
IGST as the case may be) is to be confirmed by bidder as per prescribed format
given in the AITB of Techno Commercial bid .

16.4 If the bidder deviates w.r.t. category of services, service code and GST rate
as per the format given by IOCL in the technical bid, then details with proper
justification must be provided.

16.5 In case a Bidder declares that he is not required to be registered under GST
laws and Rules, he shall be treated as “Unregistered Taxable Person”. In
such case, Owner is liable to pay GST under reverse charge and therefore for
the purpose of evaluation, bid shall be evaluated after considering GST Rates
and Service Accounting Code(SAC) as determined by the Owner.

16.6 In case a Bidder declares that he has applied for GSTIN registration at the
time of submission of Bid but GSTIN is not available, he must attach a copy of
Application Reference Number(ARN) as proof of his declaration. And in such
cases, Bid shall be evaluated after considering GST Rates and Service
Accounting Code(SAC) as determined by the Owner if Bidder has not confirmed
or quoted the same. In such cases, Work Order may be awarded pending
submission of GSTIN by such Bidder. However, Bidder must submit GSTIN
before first payment under Contract is released.

RHQCC23099 Page 30 of 88
 16.7 In case Service is specified where Service Recipient is liable to pay GST
under Reverse Charge, same shall be clearly mentioned in the Annexure-XVII.

16.8 Bid evaluation shall be done after considering GST Rates and Service
Accounting Code(s)( SAC) quoted or confirmed by the bidder as per the
format provided in the Technical Bid and shall be evaluated on gross tax
basis i.e. after including amount of GST so quoted or confirmed. Owner shall not
be liable to pay or reimburse rate of GST actually invoiced which is in excess of
GST rate quoted or confirmed by the bidder as under :

16.8.1 Rate of GST as quoted / confirmed by the bidder in Annexure- XVII to

AITB in case of Tenders without Reverse Auction and in cases where
rate of GST is not asked to be quoted / confirmed in the Price Bid and,
16.8.2 Rate of GST as quoted / confirmed in the Price Bid in case of Tenders
with ‘Bid cum Auction’ mode where bidders are asked to quote the GST
rate in Price Bid also.

Any higher rate of tax actually invoiced shall be adjusted in price.

16.9 In case a Bidder claim that he has opted for Composition Scheme as defined in
Section 10 of CGST Act, 2017, he shall submit Form GST CMP 01 and GST
CMP 02. His Bid shall be evaluated without considering GST. [Please note that
Composition Scheme is available only for Restaurant and Outdoor Catering
Services]

16.10 CGST & SGST (or UTGST) or IGST, as the case may be, shall be released
only on receipt of GST Invoice containing the following details:

(a) Name, address and GSTIN of the supplier;

(b) A consecutive serial number of the invoice;
(c) Date of issue;
(d) Name, address and GSTIN or UIN, if registered of the recipient;
(e) Name and address of the recipient and the address of the delivery, along with
the State and its code,
(f) HSN Codes or Service Accounting Code(SAC);
(g) Description of goods or services;
(h) Total value of supply of goods or services;
(i) Taxable value of supply of goods or services taking into discount or
abatement if any;
(j) Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply),
Union Territory Tax or cess);
(k) Amount of tax charged in respect of taxable goods or services (Central Tax,
State Tax, Integrated Tax (for inter-state supply), Union Territory Tax or
cess);
(l) Place of supply along with the name of State, in case of supply in the course
of inter-state trade or commerce;
(m) Address of the dispatch point where the same is different from the place of
supplier;
(n) Whether the tax is payable under Reverse Charge basis and
RHQCC23099 Page 31 of 88
 (o) Signature or digital signature of the supplier or his authorized representative.

16.11 It shall be the obligation on the part of Bidder/ Vendor to discharge his liability by
payment of GST to Government of India in cash OR utilization of Input Tax credit
in respect of such supply of goods or services through GST Invoice under
this Contract, so that Owner can avail Input Tax Credit( ITC) on such supply. In
the event that the input tax credit of the GST charged by the Bidder / Vendor is
denied by the tax authorities to due to delay by Bidder / Vendor / Contractor
/Consultant, in issue of Invoice, Debit Notes or Credit notes, filing of Return of
Outward Supplies, payment of taxes or filing of any other Returns as required
under GST Laws and Rules, or timely corrections, rectification or modification in
the detail of Return of Outward Supplies or any other Returns, Owner shall be
entitled to recover such amount from the Bidder / Vendor / Contractor /
Consultant by way of adjustment from the next invoice or from Bank Guarantee.
In addition to the amount of GST, Owner shall also be entitled to recover
interest and penalty, in case same is imposed by the tax authorities on Owner.

16.12 It shall be obligatory for the Bidder to issue Credit Note for Price reduction on
account of delay in delivery as defined in the Bid or Contract Documents in the
month immediately following the month in which deduction of account of delay in
delivery is effected by the Owner.

16.13 In case of any advance including Mobilization Advance given as per Contract,
the CONTRACTOR shall issue a GST Invoice containing all the details
required as per GST Laws and Rules. Subsequent recoveries / adjustment of
Advance amount shall be separately indicated in the GST Invoice for actual
supply of Goods and Services.

16.14 In case any recovery is made for any facility or services provided by the
Owner and such recoveries are subject to GST, amount of recovery plus
applicable GST shall be deducted / recovered from the Invoices/Claim of the
Bidder.

17.0 SITE LOCATION / SITE VISIT

Bidder is advised to visit & examine the site (s) of work & its surrounding & obtain for
himself on his own responsibility all information that may be necessary for preparing
the bid & entering into the contract. The cost of visiting the site shall be at Bidders
own expenses. For site visit, tenderers may contact the tender issuing authority
mentioned in the NIT. The Tenderer or his authorized representative(s) will be
granted permission by the Owner to enter upon his premises and lands for the
purpose of such inspection, but only upon the explicit condition that the Tenderer or
his authorized representative(s) will release and indemnify the Owner from and
against all liability in respect thereof and will be responsible for personnel injury
(whether fatal or otherwise), loss of or damage to property and any other loss,
damage, cost and expenses incurred as a result thereof.

18.0 OWNER’ S RIGHT TO ACCEPT ANY BID AND REJECT ANY OR ALL BIDS
IOCL reserves the right to accept or reject any Bid and to annul the Bidding process
and reject all Bids at any time without thereby incurring any liability to the affected
Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds for the
IOCL’s action.

RHQCC23099 Page 32 of 88
19.0 CONTACTING THE OWNER
No bidder, their representatives or agents shall contact the OWNER on any matter
relating to this Bid from the time of submission of Bids, unless requested so in
writing. Any effort by a Bidder to influence the OWNER in the OWNER’s decisions in
respect of Bid evaluation will result in the rejection of that Bidder’s Bid.

20.0 CONTRACT PERIOD

The contract shall be valid for the period as mentioned in NIT and / or elsewhere in the
Tender Document.

21.0 TENDERER / CONTRACTOR, TENDER DOCUMENT / BIDDING DOCUMENT AND

TENDER / BID

The terms BIDDER/ TENDERER or CONTRACTOR/CONSULTANT, TENDER

DOCUMENT or BIDDING DOCUMENT and TENDER or BID appearing in this
document are synonymous.

22.0 INTEGRITY PACT

If mentioned as ‘applicable for this tender’ in NIT point No. 15 , submission

of duly signed Integrity Pact (IP), along with the Technical Bid is a
mandatory prerequisite for bids to be eligible for further evaluation. The
signed IP should be complete in all respect and is required to be uploaded in
the e-tender portal along with the bid. In cases where requirement of
submission of IP agreement has been specified in NIT but bids are not
having the duly signed IP attached with it then the bid will be rejected.
Partial submission of IP document will also not be considered.

In case it is mentioned in the NIT that 'Integrity Pact is not applicable'

then this clause and associated annexure are not required to be signed and
uploaded in the tender document and this clause will be treated as Not
Applicable in the Tender.

22.1 Indian Oil Corporation Limited (OW NER) has signed an MOU
with Transparency International India for adoption of the Integrity
Pact Program. The MOU is available at IOCL website
http://www.iocl.com/aboutus/DraftMOU.pdf. Owner is committed to follow
the principles of transparency, equity and competitiveness in public
procurements.
22.2 Bidder has also to commit the same through executing an
Integrity Pact Agreement ( IPA) and declarations which is now a
part of the tender document. In absence of the same, the tender would
be summarily rejected. Format of Integrity Agreement and declaration
are available at Indian Oil website www.iocl.com and also appended
below.
22.3 IPA will prevail over General Conditions of Contract with regard to
specific clauses of the IPA including consequential breaches by the
bidders.
22.4 Any violations/alleged violation of IPA would not be subject matter
of arbitration.

RHQCC23099 Page 33 of 88
 22.5 Integrity Pact shall be returned by the Bidder along with the bid
documents, duly signed by the same signatory who is authorized
to sign the bid documents. Bidder’s failure to submit the Integrity Pact
duly signed shall result in the bid not being considered for further
evaluation.
22.6 Bidders may raise disputes/ complaints, if any, with the
nominated Independent External Monitor.
22.7 Names of members appointed by the Commission as IEM (Independent
External Monitor) for the subject work are specified in IOCL website
“https://www.iocl.com/Talktous/IntPact.aspx”.

22.8 IEM members can be contacted at the following address:

IP Secretariat:
Indian Oil Corporation Limited, Room No. 516,
5th Floor, Core 6, Scope Complex, Lodhi
Road, New Delhi - 110003 E-mail : [email protected]

RHQCC23099 Page 34 of 88
Ref : Tender No. : RHQCC23099 Dated: (Date of Publication of NIT)

To,
The Bidder

Sub: Tender no. -------------- for Comprehensive Annual Maintenance Contract for
Toshiba make VRF and Treated fresh air units installed at COIS extension
building, IIPM building at IIPM Complex, Gurgaon.

Dear Sir

Declaration by Indian Oil Corporation Limited

IndianOil Corporation Limited (IOCL) hereby declares that IOCL has signed an MOU
dated 18th January 2008 with Transparency International India for the adoption of the
Integrity Pact Program and stands committed to following the principles of
transparency, equity and competitiveness in public procurement. The said MOU can
be accessed at the IOCL website i.e. http://www.iocl.com/Aboutus/DraftMOU.pdf

The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition
that the Bidder will sign the Integrity Agreement, which is an integral part of tender
documents, failing which the tenderer/bidder will stand disqualified from the tendering
process and the bid of the bidder would be summarily rejected.

This Declaration shall form part and parcel of the Integrity Agreement and signing of
the same shall be deemed as acceptance and signing of the Integrity Agreement on
behalf of the Corporation.

Yours faithfully,
For and on behalf of IndianOil Corporation Limited

Deputy General Manager (Contracts)

Indian Oil Corporation Ltd.,
Scope Complex, Core-2,
Lodhi Road, New Delhi-110003

Note: The copy of the Integrity Agreement, duly signed by the Authorized Signatory
shall be provided to the bidders on specific request.

RHQCC23099 Page 35 of 88
 Covering Letter required be signing and submitting by the tenderer

(For tenders where Integrity Pact is applicable)

Ref : Dated:
To,
IndianOil Corporation Limited
-------------------------------------------------
---------------------------------------------

Sub: Submission of Offer for Tender no. ----------- for Comprehensive Annual
Maintenance Contract for Toshiba make VRF and Treated fresh air units
installed at COIS extension building, IIPM building at IIPM Complex, Gurgaon.

Dear Sir

The Bidder acknowledges that Indian Oil Corporation Limited (IOCL) has signed the
MOU with Transparency International India for the adoption of the Integrity Pact
Program and stands committed to following the principles thereof as enumerated in the
Integrity Agreement enclosed with the tender document.

The Bidder agrees that the Notice Inviting Tender (NIT) is an invitation to offer made
on the condition that the Bidder will sign the enclosed Integrity Agreement, which is an
integral part of tender documents, failing which the tenderer will stand disqualified from
the tendering process. The Bidder acknowledges that the Bid would be kept open in its
original form without variation or modification for a period of 180 days (state the
number of days from the last date for the receipt of tenders stated in the NIT) AND
THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND
ABSOLUTE ACCEPTANCE of this condition of the NIT.

Bidder confirms acceptance and compliance with the Integrity Agreement in letter and
spirit and further agrees that execution of the said Integrity Agreement shall be
separate and distinct from the main contract, which will come into existence when bid
is finally accepted by IOCL. The Bidder acknowledges and accepts the duration of the
Integrity Agreement, which shall be in line with Article 8 of the enclosed Integrity
Agreement.

Bidder acknowledges that in the event of Bidder’s failure to sign and accept the
Integrity Agreement, while submitting the Bid, IOCL shall have unqualified, absolute
and unfettered right to disqualify the tenderer and reject the Bid in accordance with the
terms and conditions of the tender.

Yours faithfully,

(Duly authorized Signatory of the Bidder)

(Note - One copy of this letter along with the Integrity Agreement duly signed must be returned
along with offer).
(To be executed on plain paper and submitted along with Technical Bid. To be signed by the
same signatory competent/authorised to sign the relevant contract on behalf of IOCL).

RHQCC23099 Page 36 of 88
 Refinery Division
Tender No.: RHQCC23099
INTEGRITY AGREEMENT

This Integrity Agreement is made at ____________ on this _______________ day of

____________ 2023.
BETWEEN
Indian Oil Corporation Limited, a company duly incorporated and validly existing under
the provisions of Companies Act, 1956 and having its registered office at Indian Oil
Bhavan, 9, Ali Yavar Jung Marg, Bandra (East), Mumbai 400051 (hereinafter referred
as the 'Principal/Owner', which expression shall unless repugnant to the meaning or
context hereof include its successors and permitted assigns)
AND
___________________, (name and address of the Individual/firm/Company/consortium
members through _______________________ (mention details of duly authorized
signatory) hereinafter referred as the "Bidder/Contractor" and which expression shall
unless repugnant to the meaning or context hereof include its successors and permitted
assigns.
Preamble
WHEREAS the Principal/Owner has floated a tender (Tender No.:---------) (hereinafter
referred to as "Tender" and intends to award, under laid down organizational
procedures, contract/s purchase order/work order for ----------------------------------------.
(name of contract/order) or items covered under the tender hereinafter referred to as
the "Contract".
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of 'the
land, rules, regulations, economic use of resources and of fairness/transparency in its
relation with its Bidder(s) and Contractor(s).
AND WHEREAS, in order to achieve these goals, the Principal/Owner has appointed
Independent External Monitors (IEM), to monitor the Tender process and the execution
of the Contract for compliance with the principles as laid down in this Agreement.
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter
into this Integrity Agreement (hereinafter referred to as "Integrity Pact" or "Pact"), the
terms and conditions of which shall also be read as integral part and parcel of the
Tender documents and Contract between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the
parties hereby agree as follows and this Pact witnesseth as under:
Article 1: Commitment of the Principal/Owner
1) The Principal/Owner commits itself to take all measures necessary to prevent
corruption and to observe the following principles:
a) No employee of the Principal/Owner, personally or through any of his/her family
members, will in connection with the Tender, or the execution of Contract,
demand, take a promise for or accept, for self or third person, any material or
immaterial benefit which the person is not legally entitled to.
b) The Principal/Owner will, during the Tender process treat all Bidder(s) with equity
and reason. The Principal/Owner will, in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential/additional information through which the Bidder(s) could
obtain an advantage in relation to the Tender process or the Contract execution.
c) The Principal/Owner shall endeavour to exclude from the Tender process any
person, whose conduct in the past has been of biased nature.
2) If the Principal/Owner obtains information on the conduct of any of its employees
which is a criminal offence under the Indian Penal Code (IPC) /Prevention of
Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned
or if there be a substantive suspicion in this regard, the Principal/Owner will inform
RHQCC23099 Page 37 of 88
 the Chief Vigilance Officer and in addition can also initiate disciplinary actions as
per its internal laid down policies and procedures.

Article 2-Commitments of the Bidder(s)/Contractor(s)

1) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his
participation in the Tender process and during the Contract execution:
a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm,
offer, promise or give to any of the Principal/Owner's employees involved in the
Tender process or execution of the Contract or to any third person any material or
other benefit which he/she is not legally entitled to, in order to obtain in exchange
any advantage of any kind whatsoever during the Tender process or during the
execution of the Contract.
b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular
to prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to cartelise
in the bidding process.
c) The Bidder(s)/Contractor(s} will not commit any offence under the relevant
IPC/PC Act. Further the Bidder(s)/Contractor(s) will not use improperly, (for the
purpose of competition or personal gain), or pass on to others, any information
or document provided by the Principal/Owner as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained or transmitted electronically.
d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and
addresses of agents/representatives in India, if any. Similarly
Bidder(s)/Contractor(s) of Indian Nationality shall disclose names and addresses
of foreign agents/representatives, if any. In a tender, either the Indian agent on
behalf of the Principal/OEM or Principal/OEM itself can bid but both cannot bid
simultaneously for the same item/product in the same tender. Further, if an agent
submits bid on behalf of the Principal/OEM, the same agent shall not submit a
bid on behalf of another Principal/OEM in the same tender for the same
item/product.
Copy of CVC guidelines dated 13/01 /2012 is annexed hereto as Annexure A.
e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with each
tender as per proforma enclosed) any and all payments he has made, is
committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the Contract.
2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.

Article 3 - Disqualification from Tender Process and exclusion from future contracts
1) If the Bidder(s)/Contractor(s), either before award or during execution of Contract has
committed a transgression through a violation of Article 2 above or in any other form,
such as to put his reliability or credibility in question, the Principal/Owner is entitled
to disqualify the Bidder(s)/Contractor(s) from the Tender process or terminate the
Contract, if already executed or exclude the Bidder/ Contractor from future contract
award processes. The imposition and duration of the exclusion will be determined
by the severity of transgression and determined by the Principal/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 Principal/Owner.

RHQCC23099 Page 38 of 88
2) The Bidder/ Contractor accepts and undertakes to respect and uphold the
Principal/Owner's absolute right to resort to and impose such exclusion.
3) Apart from the above, the Principal/Owner may take action for banning of business
dealings/holiday listing of the Bidder/Contractor as deemed fit by the Principal/Owner.

Article 4-Conseguences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under law
or the Contract or its established policies and laid down procedures, the
Principal/Owner shall have the following rights in case of breach of this integrity Pact by
the Bidder/Contractor(s):
1) Forfeiture of EMD/Security Deposit: If the Principal/Owner has disqualified the
Bidder(s) from the Tender process prior to the award of the Contract or terminated the
Contract or has accured the right to terminate the Contract according to Article 3, the
Principal/Owner apart from exercising any legal rights that may have accrued to the
Principal/Owner, may in its considered opinion forfeit the Earnest Money Deposit/ Bid-
Security amount of the Bidder/Contractor.
2) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder
or Contractor, or of an employee or a representative or an associate of a Bidder or
Contractor which constitutes corruption within the meaning of PC Act, or if the
Principal/Owner has substantive suspicion in this regard, the Principal/Owner will
inform the same to the Chief Vigilance Officer.

Article 5- Previous Transgression

1) The Bidder declares that no previous transgressions occurred in the last 3 years
with any other Company in any country confirming to the anti-corruption approach
or with any other Public Sector Enterprise in India that could justify his exclusion from
the Tender process.
2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
Tender process or action can be taken for banning of business dealings/holiday
listing of the Bidder/Contractor as deemed fit by the Principal/Owner.
3) If the Bidder/Contractor can prove that he has resorted \recouped the damage
caused by him and has installed a suitable corruption prevention system, the
Principal/Owner may, at its own discretion, as per laid down organizational
procedures, revoke the exclusion prematurely.

Article 6- Equal Treatment of all Bidders/Contractors/Subcontractors

1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a
commitment in conformity with this Integrity Pact. The Bidder/Contractor shall be
responsible for any violation(s) of the principles laid down in this agreement/Pact by
any of its Sub-contractors/ sub-vendors.
2) The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and
Contractors.
3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed
Pact, between the Principal/Owner and the bidder, along with the Tender or violate
its provisions at any stage of the Tender process, from the Tender process.

Article 7-Independent External Monitor (IEM)

1) The Principal/Owner has appointed competent and credible Independent External
Monitor(s) (IEM) for this Pact. The task of the Monitor is to review independently
and objectively, whether and to what extent the parties comply with the obligations
under this Pact.

RHQCC23099 Page 39 of 88
2) The IEM is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairman, Indian
Oil Corporation Limited.
3) The Bidder(s)/Contractor(s) accepts that the IEM has the right to access, without
restriction, to all Project documentation of the Principal/Owner including that provided
by the Contractor. The Contractor will also grant the IEM, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his or any
of his Sub-Contractor's project documentation. The IEM is under contractual
obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
4) In case of tenders having value of Rs 150 Crores or more, the Principal/Owner will
provide to the IEM sufficient information about all the meetings among the parties
related to the Project and shall keep the IEM apprised of all the developments in the
Tender Process.
5) As soon as the IEM notices, or believes to notice, a violation of this Pact, he will
so inform the Management of the Principal/Owner and request the Management to
discontinue or take-corrective action or to take other relevant - action. The IEM can in
this regard submit non-binding recommendations. Beyond this, the IEM has no right to
demand from the parties that they act in a specific manner, refrain from action or tolerate
action.
6) The IEM will submit a written report to the Chairman, Indian Oil Corporation Limited
within 6 to 8 weeks from the date of reference or intimation to him by the
Principal/Owner and, should the occasion arise, submit proposals for correcting
problematic situations.
7) If the IEM has reported to the Chairman, Indian Oil Corporation Limited a
substantiated suspicion of an offence under the relevant IPC/PC Act, and the
Chairman, IOCL has not, within reasonable time taken visible action to proceed
against such offence or reported it to the Chief Vigilance Officer, the IEM may also
transmit the information directly to the Central Vigilance Commissioner.
8) The word "IEM" would include both singular and plural.

Article 8- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the
Contractor 12 months after the completion of work under the Contract, or till the
continuation of defect liability period, whichever is more and for all other Bidders, till the
Contract has been awarded.
lf any claim is made/lodged during the time, the same shall be binding and continue to
be valid despite the lapse of this Pact as specified above, unless it is
discharged/determined by the Chairman, IOCL.
Article 9-Other Provisions
1) This Pact is subject to Indian law, place of performance and jurisdiction is the Head
Office/Head Quarters of the Division of the Principal/Owner, who has floated the
Tender.
2) Changes and supplements need to be made in writing. Side agreements have not been
made.
3) If the Contractor is a partnership or a consortium, this Pact must be signed by all
the partners and consortium members. In case of a Company, the Pact must be
signed by a representative duly authorized by board resolution.
4) Should one or several provisions of this Pact turn out to be invalid, the remainder
of this Pact remains valid. In this case, the parties will strive to come to an agreement to
their original intentions.

RHQCC23099 Page 40 of 88
 5) Any dispute or difference arising between the parties with regard to the terms of this
Agreement/Pact, any action taken by the Owner/Principal in accordance with this
Agreement/ Pact or interpretation thereof shall not be subject to arbitration.

Article 10- LEGAL AND PRIOR RIGHTS

All rights and remedies of the parties hereto shall be in addition to all the other legal
rights and remedies belonging to such parties under the Contract and/or law and the
same shall be deemed to be cumulative and not alternative to such legal rights and
remedies aforesaid. For the sake of brevity, both the Parties agree that this Pact will
have precedence over the Tender/Contract documents with regard to any of the
provisions covered under this Pact.
IN WITNESS WHEREOF the parties have signed and executed this Pact at the place and date
first above mentioned in the presence of following witnesses:

_______________________________
(For and on behalf of Principal/Owner)

_______________________________
(For and on behalf of Bidder/Contractor)

WITNESSES:
1. ___________________________
(Signature, Name and address)

2. ____________________________
(Signature, Name and address)

Note: In case of Purchase Orders wherein formal agreements are not signed references to
witnesses may be deleted from the last part of the Agreement.

RHQCC23099 Page 41 of 88
 Annexure-A

Annexure-A to Integrity Pact

(As referred in Point No. 1.d of Article No. 2)

RHQCC23099 Page 42 of 88
23.0 PENALTIES FOR VIOLATION / NON-ADHERENCE OF SAFETY PROCEDURES
AND PRACTICES AND GUIDELINES FOR PERSONAL PROTECTIVE
EQUIPMENTS (PPE) :

23.1 PENALTIES FOR VIOLATION / NON-ADHERENCE OF SAFETY

PROCEDURES AND PRACTICES
In case of any violation / Non –Adherence of Safety Procedure and Practices during
execution / discharging of the contract following penalties shall be imposed :

23.1.1 Violation of applicable Safety, Health and Environment related norm- a

penalty of Rs.5000/per occasion

23.1.2 Violation as above resulting in :

23.1.2.1 Any physical injury, a penalty of 0.5% of the contract value
(maximum of Rs.2,00,000) per injury in addition to Rs.5000/per
occasion as in item 1.
23.1.2.2 Fatal accident, a penalty of 1% of the contract value
(maximum of Rs.10,00,000) per injury in addition to
Rs.5000/per occasion as in item 1.

The contractor is advised to take appropriate insurance policy for the effective
implementation of the above penalty provision.

In case of accidents depending on the seriousness of injury etc. in addition to the

hospitalization / 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.

23.2 GUIDELINES FOR PERSONAL PROTECTIVE EQUIPMENTS (PPE)

In addition to the provisions /guidelines/ stipulations made in the
General Conditions of Contract /Special Conditions of Contract
/elsewhere in the tender document , it will the successful tenderer's
obligation to provide PPEs to their workmen during discharge of the contract.
The bidder's quoted price / rates shall be deemed to be inclusive of
cost of providing the relevant PPEs. Guideline on Personal Protective
Equipments (PPE) is uploaded separately with the tender document (file
named "ppeguideline.pdf" - 50 pages) which will also form part of the
tender document / terms & conditions.

24.0 SPECIAL INSTRUCTION TO THE BIDDERS FOR PARTICIPATING IN E-TENDER :

Bidders are advised to download and go through the instruction documents
available in IOCL e-tender site titled ‘FAQs-IOCL-Online-EMD.pdf’, Announcement-
on-usage-of-EMD-Exemption-Clause’, ‘Special_Instruction_to_the_Bidders.pdf’ and
‘FAQ’ for further clarifications / instructions / guidelines / procedures and bid
accordingly.

25.0 IMPLEMENTAION OF INSOLVENCY AND BANKRUPTCY CODE, 2016 (IBC)

25.1 It will be the responsibility of the bidder to inform IOCL within 15 days from the
order passed by the Adjudicating Authority, namely National Company Law
Tribunal (NCLT) or Debt Recovery Tribunal (DRT) under the Code or any
other applicable law (in case where Code is not applicable).

RHQCC23099 Page 43 of 88
 25.2 If bidder refuses or fails to share the information regarding their status of
insolvency resolution process or liquidation or bankruptcy proceeding in
their bid or at any later stage, their offer is liable to be rejected by IOCL.
25.3 After the award of contract, IOCL reserves the right to cancel and terminate
the contract without any liability on the part of IOCL immediately on the
commencement of insolvency resolution process or liquidation or bankruptcy
proceeding of any party under the contract. Any unsettled advance paid to the
party shall be immediately refunded to IOCL.

25.4 IOCL reserves its right to evaluate and finalise the bid without
considering the bid of any party undergoing insolvency resolution process or
liquidation or bankruptcy proceeding under the Code regardless of the stage of
tendering
25.5 A declaration / undertaking shall be submitted by the bidder in the Format
(as per ANNEXURE-XVIII) along with techno commercial bid.
25.6 Binding Contract
This Contract has been duly executed and delivered on behalf of such Party
and constitutes a legal, valid and binding obligation of such Party and is
enforceable against it in accordance with the terms hereof subject to the
effects of Insolvency and Bankruptcy Code, 2016 (Code) or any other
applicable law (in case where Code is not applicable), or other laws of general
application affecting the enforcement of creditor rights and judicial principles
affecting the availability of specific performance and general principles of
equity, whether enforceability is considered a proceeding at law or equity.

25.7 Termination of Contract

25.7.1 IOCL shall be entitled to immediately terminate this Contract upon
written notice to the Party, without any liability whatsoever, if any of the
following events occur :
a. order of insolvency resolution process or liquidation or bankruptcy
proceeding is passed by the Adjudicating Authority, namely
National Company Law Tribunal (NCLT) or Debt Recovery Tribunal
(DRT) under the Insolvency and Bankruptcy Code, 2016 (Code) or
any other applicable law (in case where Code is not applicable),
against the Party; or
b. the Party seeks corporate insolvency resolution process or liquidation
of itself; or
c. the Party is insolvent or evidence exists as to its insolvency; or
d. an Interim Resolution Professional/Resolution Professional or
Liquidator is appointed to take possession, custody, or control of
all the assets and property of the Party; or
e. the Party adopts any resolution of its Board of Directors or stakeholder
for the purpose of effecting any of the foregoing.

Such termination shall not affect any claim for damages available to IOCL or for costs
or fees accrued to date. IOCL shall be entitled to directly deal with the sub- vendor (s)
/sub-contractor(s) of the Party in case any of the aforesaid events occur.

RHQCC23099 Page 44 of 88
26.0 MOBILIZATION ADVANCE (If mentioned in the Offer Check List as applicable
for the tender and the bidder has confirmed for the Interest Bearing
Mobilization Advance in their Techno Commercial Bid) :

Subject to meeting Terms and Conditions mentioned in the General

Conditions of Contract (GCC), Interest Bearing Mobilization Advance may be given
as under against submission of Bank Guarantee of 110% of Advance
amount + applicable tax (if any) :

Mobilization advance (maximum of 10%) is payable in minimum 02 equal

installments only where the order value is Rs. 500 lakhs and above and interest rate
1% (one percent) above the State Bank of India declared rate for cash credit
advances prevailing on the date of opening of Price Bids (unless any higher rate of
interest is specified elsewhere in the tender document) shall be payable by the
bidder. The mobilization advance shall be released after fulfilling the following
conditions:

(i) The CONTRACTOR shall have signed and sent back a copy (or copies if so
required) of the Acceptance of Tender issued by the OW NER in token of
unqualified acceptance thereof.
(ii) The CONTRACTOR shall have furnished the Initial Security Deposit as
stipulated in Clause 2.1.1.0 of GCC and associated clauses hereof.
(iii) The CONTRACTOR shall have executed the formal contract in terms of
the Form of Contract.

The above clauses are to be read in conjunction with GCC clause no.6.4.5.0 and
its sub clauses. Interest on advance shall be recovered by IOCL from running
account bills. Contractor, therefore, shall deposit the amount of TDS with the
Income Tax Dept and claim reimbursement from IOCL against submission of TDS
certificate.

27.0 REVERSE AUCTION [THIS PARA SHALL BE TREATED AS NOT APPLICABLE

IF IN THE NIT IT IS NOT MENTIONED AS REVESE AUCTION IS APPLICABLE
AND / OR TYPE OF TENDER IS SPECIFIED AS BID CUM AUCTION] :
If in the NIT, it is specified that Reverse Auction (RA) will be conducted for finalizing this
Tender, i.e. if the Tender is Floated in ‘Bid cum Auction’ mode then the methodology for
evaluation of the bids shall be as under:

i. Bid of only those bidders who have submitted their Technical / Commercial bid online
and submitted required EMD before due date and time shall be opened.

ii. The price bid of only those bidders shall be opened who are techno-commercially
qualified as per tender terms & conditions.

iii. Following may please be noted for Reverse Auction:

a. Bidders are informed that Reverse Auction will be conducted for finalizing this
Tender.

b. Criteria of Qualifying for Reverse Auction (Elimination Clause):

RHQCC23099 Page 45 of 88
 1. In case of tenders without preferential bidding:
If there are more than three (3) techno-commercially acceptable bids,
bidder having highest quote (H1 bidder) will be rejected.
2. In case of tenders with preferential bidding and if there are more than
three (3) techno-commercially accepted bidders:

a. H1 bidder will be rejected if he is a non-preferential bidder;

b. In case if H1 bidder is a preferential bidder, H1 bidder will be
rejected if his quote is beyond the defined tolerance limit of L1 price
as per his preferential category.

c. In case of more than one H1 bidders (H1 tie), latest bid received (bidder
whose bid is received at the last) out of all H1 bidders will be rejected as per
provisions mentioned above.
d. In case of multi-lot auction, itemwise H1 bidder will be disqualified as per the
provision mentioned above.
e. An intimation by mail/SMS shall be provided to the eligible bidders for
Reverse Auction.

iv. The lowest price as well as bidder’s latest price shall be available on the Reverse
Auction screen at any point of time during the Auction process. This displayed price
is the evaluated price based on which the lowest bid is determined as per evaluation
criteria / Tender Terms & conditions. Accordingly the bidder will put his quote in the
Auction window if he wants to offer the reduced price considering the evaluation
criteria as per Price Bid (BoQ) / Tender Terms & Conditions.

v. Wherever required, the Evaluation factor/criteria shall be informed to the bidders

before start of RA. In other cases the bidder shall calculate his final evaluated price
as per BoQ or evaluation criteria mentioned in the tender document and quote
accordingly.

vi. The lowest quote after end of Reverse Auction shall be considered for further
processing.

vii. For the purpose of extending MSME or any other preference /benefit as per
guidelines, the latest quote of respective MSME bidder(s) during the tender-cum-
auction process shall be considered.

viii. IOCL reserves the right to conduct price negotiation with overall L1 bidder based on
price quoted in BoQ and RA.

ix. In case of any mismatch in GST tax rate confirmed by bidder in techno-commercial
bid & quoted by bidder in financial bid(BoQ) following will be considered:
a. GST Tax rate quoted in BOQ is less than GST confirmed/quoted in techno-
commercial bid:
RHQCC23099 Page 46 of 88
 GST tax rate quoted by bidder in BoQ shall be considered final & binding.
Owner shall not be liable to pay or reimburse rate of GST actually invoiced
which is in excess of GST rate quoted by the bidder in Financial bid (BoQ).
Any higher rate of tax actually invoiced shall be adjusted in price. Price
adjustment shall be done through credit note raised by bidder.

b. GST Tax rate quoted in BoQ is higher than GST confirmed/quoted in

techno-commercial bid:
Owner will pay or reimburse rate of GST actually invoiced subject to max
limit of GST tax rate quoted in BoQ.

x. Auction Start Price shown in the e-tender portal is the evaluated Lowest Price /
Landed Cost (including GST) as per BOQ. Decrements offered by bidders
during Reverse Auction/ Live Auction will be on L-1 quoted value (Including
GST). However, tax rate shall be applicable as per clause no. ix above.

xi. Post Reverse Auction, the final offered rates of the adjudged L-1 bidder shall be
computed as under :

The quoted rate of GST shall be applied on the final total quoted price to arrive at net
price excluding GST.
a. The net price so worked out shall be compared with estimated price (in case of
percentage rate tender) to derive the percentage above /below the estimate.
The percentage so worked out shall be rounded off in lower side to three
decimal place to suite the requirement of ERP system of IOCL . Accordingly
final amount and landed cost thereof shall be calculated.
b. In case of Item Rate tenders (i.e. where rates are quoted against individual
items) and evaluation is done on overall L-1 basis (including all items) then the
discount offered through reverse Auction shall be proportionately distributed
amongst all items. Accordingly final amount and landed cost thereof shall be
calculated.
c. In case of Item Rate tenders (i.e. where rates are quoted against individual
items) and evaluation is done on Item-wise evaluation basis (item wise L-1
bidder is evaluated) then the reverse Auction process shall be held for each
such line items, as detailed above . Accordingly final amount and landed cost
thereof shall be calculated.

xii. Reverse auction for foreign bidders quoting prices in currency other than INR
In case of foreign bidders who have quoted their prices in currencies other than INR,
the evaluated price shall be considered based on State Bank of India (SBI) bill selling
rate on the date of opening of price bids. Thereafter, the lowest price (in INR) as
displayed on the e-tendering portal shall be considered as the Auction Start Price for
reverse auction process.

Such bidders may kindly note that the reverse auction process shall be conducted
only in INR. Foreign bidders to offer discount during the reverse auction process only
in INR after taking cognizance of exchange rate available on the portal i.e. State Bank
of India (SBI) bill selling rate on the date of opening of price bids.

In case a foreign bidder is the L-1 bidder after conclusion of the reverse auction
process, the evaluated item wise price shall be converted in the currency quoted by
the bidder (as per conversion rates on the date of opening of price bid).

RHQCC23099 Page 47 of 88
 xiii. Additional Guidelines for bidders to participate in online Reverse Auction is as
mentioned below (For further details and updates in this regard, please go
through the Instructions / guidelines / Manuals / FAQ etc. as provided in
homepage of IOCL e-tender site :

1. “Electronic reverse auction” means an online real-time purchasing technique

utilized by the procuring entity to select the successful submission, which involves
presentation by suppliers or contractors of successively lowered bids during a
scheduled period of time and the automatic evaluation of bids.”

2. Reverse Auction (RA) module is integrated with tendering process in the existing
IOCL e Tendering portal (https://iocletenders.nic.in).

3. Existing Reverse Auction Module supports reverse auction for single line item
(Single-lot RA) as well as for multiple line items (Multi-lot TA).

4. The lowest quote available after RA shall be considered as L1.

Definitions
Various terms used in e-Tendering Portal relevant to RA are defined below:
1. Current Price:
Current Price available against any line item (lot) under “Live Auction” tab shows
the latest L1 value received against that lot.

2. Decremental Value/ Decremental Price / Decrement Price:

It is the minimum value (in Rs.) which shall be decremented by any competing
bidder from “Current Price” while entering his quote. The bidder can decrement
only in multiples of this value.

3. My Auction Price:
Bidder enters and submits his quote in the space provided against “My Auction
Price”.

E.g. If Current Price at a moment is X and Decremental value = Y. Then Bidder

shall be able to enter My Auction Price = Z where Z= X – n*Y and n is an integer
greater than zero (0).

4. Elapse Time in Minutes and Auto Extension Time in Minutes:

These values (in minutes) will be specified by Tender creator while maintaining
basic details.

Elapse Time is the quantum of period before Auction End Time.

Auto Extension Time is the quantum of period by which the auction End Time will
get extended in case of any quote received during Elapse Time.

E.g. Let Auction period is from 11:00 Hrs. to 13:00 Hrs., Elapse Time is 5 Minutes
and Auto Extension Time is 10 Minutes.

If any quote is received between 12:55:01 and 12:59:59, Auction End Time
will be extended up to 13:10 Hrs. otherwise the auction will end at
prescheduled time i.e. 13:00 Hrs.

RHQCC23099 Page 48 of 88
 5. Maximum Seal Percentage:
Maximum Seal percentage restricts the bidder from quoting abnormally low price
by mistake.

If Maximum Seal Percentage defined in an auction=p, Decremental Value = Y

and Current Price = X. Then bidder cannot quote a price less than [{(100-p) % of
X}-Y]. If a bidder quotes a price less than this, system will not accept it.

E.g. Maximum Seal Percentage = 25% Decremental Value = 500

Current Price = 10000
The Bidder can’t Quote below 7000 i.e. [{(100-25) % of 10000} - 500].

6. Auction Start Date:

Auction gets available under “Live Auction” tab and open for bidders to quote
from this time onwards. This time shall be at least 48 hours after publishing of
Auction details.

In case of multi lot auction, this will be the earliest auction start time of each of
the line items (lots).

7. Auction End Date:

Auction window available to the bidder expires and auction shall not be available
under “Live Auction” tab from this time onwards subject to auto extension of the
auction.

In case of multi lot auction, this time will be auction end time of the line item
(lot) whose auction is going to end at the last.

Live Auctioning

After auction has been published on e-Tendering Portal, system will make the tender available
to the bidder from scheduled auction start date & time (as defined in auction basic details) onwards
for live auction. Live auction process has been described below for bidder’s view along with various
screens.

Bidder’s view of Live Auction: After tender has been published, it will be available to all the
qualified bidders under “My Auctions” tab where bidders shall be able to check all the details of
auction as defined by the tender creator as shown below.

a. Bidder shall click on the “My Auction” tab, he will get the list of tenders for which auction has
been opted and published but auction has not ended till now as shown below:

RHQCC23099 Page 49 of 88
b. Bidder shall click on View option which will open a separate page having all the basic details of
auction as defined by the tender creator as shown below. Accordingly bidders shall prepare
themselves to participate in the auction. From scheduled Auction Start Date & time onwards,
tender will be available to all the qualified bidders under “Live Auctions List” tab from where
bidders shall be able to participate in the auction and quote the price.

c. After Auction Start Date as indicated in the above screenshot, Bidder shall click on “Live
Auctions List” tab where list of tenders whose auction start date & time has started will be
available as shown below:

d. Bidder shall click on the hammer (as indicated in above screen shot) against the respective
tender; it will take bidder to the new page. In case of single lot auction, new page will be like
as shown below:

e. Here bidder will quote his price in “My Auction Price: Rs” field.
My Auction Price field will accept any value arrived by deducting Current Price by
Multiples of Decrement Price. E.g. in above screen Bidder shall be able to quote X
RHQCC23099 Page 50 of 88
 where X=49700000- n*100000 where n is any integer. After quoting the price in My
Auction Price field, bidder shall sign his bid digitally by clicking on symbol and then
submit the bid.

Provided bidder shall not be able to quote any value below maximum seal value (ref.
clause 3.8 for detail on maxim Seal value). Bidder shall quote the prices keeping Price
Evaluation criteria in mind as these prices shall be deemed to be the evaluated price.

f. If any bidder quotes within Elapse Time before auction end time or extended auction end time,
Auction End time will be auto extended by the system for Auto Increment Time (refer details
on Elapse Time and Auto Increment Time). Screen with extended auction end time is as given
below:

g. After Auction End Date/Time or Extended Auction End Date/Time whatsoever is later is over,
tender will no more be visible under “Live Auction List”.

h. In case of Multi-lot auction, when a bidder shall click on the hammer as referred in clause
6.1.3, system will take the bidder to new page where all the lots of auction will be visible as
shown below:

In above screen, following combination will tell whether auction has started
for a particular lot or not.

My Latest Value & L1 View Status of Lot

Rate
Nil Nil Auction NOT YET started
Some Value Hammer Auction started
Some Value Nil Auction Ended / Expired

Bidder shall get the option of hammer and to quote only against those
RHQCC23099 Page 51 of 88
 line items for which he is qualified after price bid opening.

i. Bidder shall click on the hammer available against individual lot which will take the bidder to new
screen as shown in clause c above and quote for each lot separately as described in clause d &
e.

j. In case of multi lot auction, after Auction End Date & Time or Lot wise Auction End Date & Time
/ Extended date & Time for all items (which so ever is later) is over, tender will no more be
visible under “Live Auction List”.

28.0 CONFIDENTIALITY CLAUSE FOR COMPLIANCE WITH INDIANOIL’s INSIDER TRADING CODE

During the contract / engagement the organization, its employees, agents, other
contractors, sub-contractors and their employees, etc., may be exposed to certain
unpublished price sensitive information (UPSI), that is not generally available and which
upon becoming generally available is likely to materially affect the price of the securities
issued by IndianOil. Such UPSI shall be held by the organization, its employees, agents,
other contractors, sub-contractors and their employees etc., in strictest confidence and
shall not be disclosed to any other party except on need to know basis and with the prior
consent of IndianOil.

It is hereby further cautioned that, the organization, its employees, agents, other
contractors, sub-contractors, their employees and immediate relatives thereof, should not
trade in the securities of IndianOil while in possession of such UPSI or communicate such
UPSI to any person except in furtherance of legitimate purposes, performance of duty or
discharge of legal obligations. Any trades in securities of IndianOil, while in possession of
any UPSI would be presumed to have been motivated by the knowledge and awareness of
the UPSI and liable for penal action under this contract / engagement as well as under
SEBI (Prohibition and Insider Trading) Regulations, 2015. It is therefore advised to
familiarize with the “Code for Prevention of Insider Trading in the Securities of IndianOil”,
copy of which is hosted on the website www.iocl.com.

Accordingly, it must be ensured that any UPSI, whenever received from the IndianOil,
a) shall be used solely for the purpose for which it is being disclosed;
b) shall be preserved and the secrecy of such information shall be maintained;
c) shall not be disclosed to any third party;
d) shall be kept securely and properly protected against theft, damage, loss and
unauthorized access (including access by electronic means) by deploying means
similar to those being used to secure their own confidential information;
e) to notify IndianOil immediately upon becoming aware that any of the confidential
information has been disclosed to or obtained by a third party.

The organization shall undertake that its employees & their immediate relatives, agents,
sub-contractors and any other person associated with said contract / engagement does not
violate any of the provision of the SEBI (Prohibition of Insider Trading) Regulation, 2015.
Any violation shall be considered as breach of terms of contract / engagement and

RHQCC23099 Page 52 of 88
 IndianOil shall take necessary action for such breach in addition to reporting to SEBI for
taking necessary action under SEBI (Prohibition of Insider Trading) Regulations, 2015.

29.0 Other special conditions / INSTRUCTIONS FOR FOREIGN BIDDERS (Participating in

Global Tenders) – Applicable if the Tender Type is Specified as “Global” in the NIT :

29.1 Indian Provident Fund (PF) & Employee State Insurance (ESI):

(i) For Indian Bidders: Indian bidders must have PF registration with the respective
authorities. For ESI registration:
a. Submit their ESI registration certificate along with techno-commercial bid ‘OR’
b. Submit a declaration that they are presently not registered with ESI authorities, in case
job is awarded to them, they will acquire independent ESI code within 15 days of the
date of issue of Work order.
c. In case of seeking exemption from ESI registration, please refer the instructions given in
the tender.

(ii)For Foreign Bidders: Indian PF & ESI registration are not mandatory for foreign bidders.
The foreign bidders who do not have permanent establishment in India and not having
registration with Indian PF & ESI authorities have to submit an undertaking clearly stating
that they will not employ any man power from India for this work or if they are willing to
employ the man-power from Indian sub contractor they will ensure the compliance of Indian
PF & ESI regulations as per rule.

29.2 Copy of PAN card:

(i)Indian bidders: Indian Bidders are required to submit the copy of PAN card or
in absence of the same undertaking as per Indian Income Tax
Rules.
(ii) Foreign bidders: Foreign bidders are required to submit the same, If they are
having the same. In absence of the Indian PAN card, foreign
bidders are required to submit an undertaking clearly stating
that they are not having Indian PAN Card.

29.3 Annual Turn Over (ATO)

29.3.1 For Indian Bidders: Indian bidders have to submit copies of audited balance sheets &
Profit and Loss Account Statement against meeting minimum ATO criteria as
mentioned in the NIT.

29.3.2 For foreign bidders : The bidders are required to submit the following documents in
support of financial criteria:

29.3.2.1 Bidder to evidence the meeting of financial criteria shall furnish

complete audited annual report including auditor’s report, Balance Sheet,
Profit & Loss Account Statement and all other schedules for the preceding
three financial years.

29.3.2.2 In case the financial year closing date is within 09 months of bid due
date and audited annual report of immediate preceding financial year
is not available, bidder has the option to submit the financial details of
the three previous years immediately prior to the last financial year.
Otherwise, it is compulsory to submit the financial details of the
immediate three preceding financial years. Example, In case, audited
RHQCC23099 Page 53 of 88
 annual report of immediate preceding financial year (year ending
31st March) is not available and where bid closing date is up to 31st
December, the financial details of the three previous years
immediately prior to the last financial year may be submitted.
However, in case the bid closing date is after 31st December, it is
compulsory to submit the financial details of the immediate three
preceding financial years only.
29.3.2.3 In case a bidder (a Parent Company) is having wholly owned
subsidiaries but only a single consolidated annual report is
prepared and audited which includes the financial details o f their
wholly owned subsidiaries, consolidated audited annual rep ort shall
be considered for establishing the financial criteria subject to statutory
auditor of the bidder certifying that separate annual report of bidder
(without the financial data of subsidiaries) is not prepared and
audited.
29.3.2.4 Further, in case a bidder is a subsidiary company and separate annual
report of the bidder is not prepared & audited, but only a
consolidated annual report of the Parent Company is available,
consolidated audited annual report shall be considered for establishing
the financial criteria subject to statutory auditor of the parent company
certifying that separate annual report of bidder is not prepared and
audited.
29.3.2.5 For Foreign bidders, Financial details indicated in currencies other than
US $ in the annual reports, shall be converted to US $ at the exchange
rate indicated in the annual report and if not indicated in the annual
report, then exchange rate as applicable on last date of the
respective accounting year shall be considered.
29.3.2.6 If the bidder, as a internal policy could not be able to submit the
complete set of audited annual financial statements, bidder can
submit a letter from the statutory auditor/ practicing Chartered
Accountant (not being an employee or a Director and not having any
interest in the bidder’s company) of the bidder (as per Annexure - A)
or a letter from the bidder duly certified by statutory auditor/
practicing Chartered Accountant (not being an employee or a Director
and not having any interest in the bidder’s company) (as per Annexure -
B). In case, as per the company policy, letter from statutory auditor/
practicing Chartered is not possible, bidder can submit the letter from
CEO or CFO of the bidder (as per Annexure - C).

29.4 All supporting documents, pertaining to “Pre Qualification Criteria” shall be submitted.

a) Duly certified by Statutory Auditor of the bidder or a practicing Chartered Accountant (not
being an employee or a Director and not having any interest in the bidder’s
company) where audited accounts are not mandatory as per law (in line with the
present system)”, OR
b) Duly notarized by any notary public in the bidder’s country, OR
c) Duly certified true copies duly signed, dated and stamped by an official authorized for
this purpose in Indian Embassy/ High Commission in Bidder’s country. OR
d) Bidder shall submit self-certified documents in original from any one out of CEO or
CFO or Company Secretary of the bidder (Limited company only) along with Self-
Certification as per Annexure - D. This option shall not be applicable to Proprietorship/
Partnership firms.
Requirement of above certification shall not be applicable to published audited annual
financial statements in English, if original booklets are submitted.
RHQCC23099 Page 54 of 88
 29.5 If the above supporting documents are not in English language, then the English translation
copy of the same shall also be furnished duly certified, stamped and signed by Local Chamber
of Commerce in addition to the certification of original documents.

Annexure – A to IFB (Letter from Statutory Auditor/CA)

(To be printed on Letter Head of Statutory Auditor/CA)

FINANCIAL DETAILS

We, _, a CA firm having our registered office address

and certificate number certify that we are statutory auditor of
the Company M/s _______, having its registered office at ________________
OR
We, _,a CA firm having our registered office address
and certificate number certify that statutory auditor is not
mandatory for the company M/s , having its registered office at _ as
per prevailing law and we are practicing Chartered Accountant, not being an employee or a Director or not
having any interest in the company.

Financial details of the above mentioned Company, as per latest available audited balance sheet are as
follows: Auditor/CA to select either of the following options and strike off the other.

a. In case bidder is a parent company, i.e., having its wholly owned subsidiaries: Auditor to select
either of the following options and strike off the other.

i. Financial details are of parent company without the financial data of subsidiaries

ii. Financial details are of parent company including the financial data of subsidiaries. It is
certified that separate annual report of bidder, without the financial data of subsidiaries, is not
prepared and audited.

OR

b. In case bidder is a subsidiary company: Auditor to select either of the following options and strike
off the other.

i. Financial details are of subsidiary company

ii. Financial details are of parent company including the financial data of subsidiaries. It is
certified that separate annual report of bidder, i.e., subsidiary,
is not prepared and audited.

OR
c. In case bidder does not have any subsidiary or parent company, financial details of are of the company
itself.
S no. Description Year Value
Currency ( )

1. Turnover Latest financial year

( )

RHQCC23099 Page 55 of 88
 st
Preceding 1 year
( )

nd
Preceding 2 year
( )

Note:
1. In case the financial year closing date is within 9 months of bid due date and audited annual report of
immediate preceding financial year is not available, bidder has the option to submit the financial
details of the three previous years immediately prior to the last financial year. Otherwise, it is
compulsory to submit the financial details of the immediate three preceding financial years.
st
Example, In case, audited annual report of immediate preceding financial year (year ending 31
st
March) is not available and where bid closing date is up to 31 December, the financial details
of the three previous years immediately prior to the last financial year may be submitted. However,
in case the bid closing date is after
st
31 December, it is compulsory to submit the financial details of the immediate three preceding
financial years only..
2. In case a bidder (Parent Company) is having wholly owned subsidiaries but only a single consolidated
annual report is prepared and audited, which includes the financial details of their wholly owned
subsidiaries, consolidated audited annual report shall be considered for establishing the financial
criteria subject to statutory auditor of the bidder certifying that separate annual report of bidder
(without the financial data of subsidiaries) is not prepared and audited.

3. Further, in case a bidder is a subsidiary company and separate annual report of the bidder is
not prepared and audited, but only a consolidated annual report of the Parent Company is
available, consolidated audited annual report shall be considered for establishing the financial
criteria subject to statutory auditor of the parent company certifying that separate annual report of
bidder is not prepared and audited.

4. Turnover: Turnover shall be calculated including Excise Duty but excluding other
Incomes.

5. M/s. ______________________________(Bidder) is not in a position to submit its Financial Statement

as per local / internal regulation ______________________ (Cite the appropriate Act / Regulations &
Provisions).

Signature

Name & Designation

RHQCC23099 Page 56 of 88
 Annexure – B to IFB (Certification by Statutory Auditor/CA)
(To be printed on Letter Head of Company)
FINANCIAL DETAILS

W e,M/s ,having our registered office at

_ certify that M/s _______________ is a CA firm having their registered office
address having certificate number are our
statutory auditor.
OR
W e, M/s , having our registered office
at _ certify that statutory auditor is not mandatory for the
company as per prevailing law and M/s _ _ _ _ _ _ _ _ _ _ _ _ , a CA firm having
their registered office address _____________ having certificate
number are practicing Chartered Accountant, not being an employee or a Director or
not having any interest in our company.

Financial details of our Company, as per latest available audited balance sheet are as follows: Company
to select either of the following options and strike off the other.
a. In case bidder is a parent company, i.e., having its wholly owned subsidiaries: Company to
select either of the following options and strike off the other:

i. Financial details are of parent company without the financial data of subsidiaries
ii. Financial details are of parent company including the financial data of subsidiaries. It is
certified that separate annual report of bidder, without the financial data of subsidiaries,
is not prepared and audited.
OR
b. In case bidder is a subsidiary company: Auditor to select either of the following options and strike
off the other.
i. Financial details are of subsidiary company
ii. Financial details are of parent company including the financial data of subsidiaries. It
is certified that separate annual report of bidder, i.e., subsidiary, is not prepared and
audited.
OR
c. In case bidder does not have any subsidiary or parent company, Financial details of are of
the
company itself.
S no. Description Year Value
Currency ( ______)

1. Turnover Latest financial year

( )

st
Preceding 1 year
( )
nd
Preceding 2 year
( )
Note:
1. In case the financial year closing date is within 9 months of bid due date and audited
annual report of immediate preceding financial year is not available, bidder has the option to
submit the financial details of the three previous years immediately prior to the last financial
year. Otherwise, it is compulsory to submit the financial details of the immediate three preceding
financial years.
RHQCC23099 Page 57 of 88
 Example, In case, audited annual report of immediate preceding financial year
st
(year ending 31 March) is not available and where bid closing date is up to
ST
31 December, the financial details of the three previous years immediately prior to the last
st
financial year may be submitted. However, in case the bid closing date is after 31 December, it is
compulsory to submit the financial details of the immediate three preceding financial years only.
2. In case a bidder (Parent Company) is having wholly owned subsidiaries but only a
single consolidated annual report is prepared and audited, which includes the financial
details of their wholly owned subsidiaries, consolidated audited annual report shall be
considered for establishing the financial criteria subject to statutory auditor of the bidder certifying
that separate annual report of bidder (without the financial data of subsidiaries) is not prepared and
audited.
3. Further, in case a bidder is a subsidiary company and separate annual report of the bidder is not
prepared and audited, but only a consolidated annual report of the Parent Company is
available, consolidated audited annual report shall be considered for establishing the
financial criteria subject to statutory auditor of the parent company certifying that separate
annual report of bidder is not prepared and audited.
4. Turnover: Turnover shall be calculated including Excise Duty but excluding other Incomes.

5. M/s. ______________________________(Bidder) is not in a position to submit its Financial

Statement as per local / internal regulation ______________________ (Cite the appropriate Act /
Regulations & Provisions).

Signature

Name & Designation

Sign and Stamp of Statutory auditor / CA (on all pages)

RHQCC23099 Page 58 of 88
 Annexure – C to IFB (Certification by CEO/ CFO)
(To be printed on Letter Head of Company)

FINANCIAL DETAILS
I, _ S/o/D/o of __, working as
CEO/CFO/ (indicate, as applicable) of the Company having its
registered office at
certifies the Financial details of our Company, as per latest available
audited balance sheet are as follows : Company to select either of the following options and strike off the
other.

a) In case bidder is a parent company, i.e., having its wholly owned subsidiaries: Company to
select either of the following options and strike off the other:

i. Financial details are of parent company without the financial data of subsidiaries

ii. Financial details are of parent company including the financial data of subsidiaries. It is
certified that separate annual report of bidder, without the financial data of subsidiaries, is
not prepared and audited.
OR

b) In case bidder is a subsidiary company: Auditor to select either of the following options and
strike off the other.

i. Financial details are of subsidiary company

ii. Financial details are of parent company including the financial data of subsidiaries.
It is certified that separate annual report of bidder, i.e.,
subsidiary, is not prepared and audited.
OR
c) In case bidder does not have any subsidiary or parent company, Financial details of
are of the company itself.

S no. Description Year Value, Currency ( )

1 Turnover Latest financial year

( )

st
Preceding 1 year
( )

nd
Preceding 2 year
( )

Note:

1. In case the financial year closing date is within 9 months of bid due date and audited
annual report of immediate preceding financial year is not available, bidder has the option to
submit the financial details of the three previous years immediately prior to the last financial
year. Otherwise, it is compulsory to submit the financial details of the immediate three preceding
financial years.
Example, In case, audited annual report of immediate preceding financial year (year ending
st st
31 March) is not available and where bid closing date is up to 31 December, the financial

RHQCC23099 Page 59 of 88
 details of the three previous years immediately prior to the last financial year may be submitted.
However, in case the bid closing date is after
st
31 December, it is compulsory to submit the financial details of the immediate three
preceding financial years only.
2. In case a bidder (Parent Company) is having wholly owned subsidiaries but only a single
consolidated annual report is prepared and audited, which includes the financial details
of their wholly owned subsidiaries, consolidated audited annual report shall be considered for
establishing the financial criteria subject to statutory auditor of the bidder certifying that separate
annual report of bidder (without the financial data of subsidiaries) is not prepared and audited.
3. Further, in case a bidder is a subsidiary company and separate annual report of the bidder is not
prepared and audited, but only a consolidated annual report of the Parent Company is
available, consolidated audited annual report shall be considered for establishing the
financial criteria subject to statutory auditor of the parent company certifying that separate
annual report of bidder is not prepared and audited.

4. Turnover: Turnover shall be calculated including Excise Duty but excluding other
Incomes.
5. M/s. ______________________________(Bidder) is not in a position to submit its Financial
Statement as per local / internal regulation ______________________ (Cite the appropriate Act /
Regulations & Provisions).

6. To declare that Chartered Accountant / Statutory Auditor / Certified Public Accountant is not in a
position to endorse the certificate issued by CEO / CFO due to local / internal regulation
______________________ (Cite the appropriate Act / Regulations & Provisions).

Signature

Name & Designation

Sign and Stamp of CEO/ CFO (on all pages)

RHQCC23099 Page 60 of 88
 ANNEXURE-D TO IFB

SELF- CERTIFICATION
I, __________________, S/o / D/o ________________________, working as CEO / CFO /
Company Secretary (indicate as applicable) of the company having its registered office at
___________ ___________________ ___________________, certify that all details including
documents pertaining to Bidder Qualification Criteria signed by undersigned, vide our reference
___________________ against your Enquiry Document (Tender No. RHQCC20105), are true,
authentic, genuine and exact copy of originals.

It is certified that none of the documents are false / forged or fabricated. All the documents
submitted has been made having full knowledge of (i) the provisions of the Indian Laws in
respect of offences including, but not limited to those pertaining to criminal breach of trust,
cheating and fraud and (ii) provisions of bidding conditions which entitle the Owner/ to initiate
action in the event of such declaration turning out to be a misrepresentation or false
representation.

I further certify that further documents, if any, required to be submitted by our company, shall be
submitted under my knowledge and those document shall be true, authentic, genuine, exact
copy of its original and shall not be false / forged or fabricated.

DECLARATION

I, ____________________, S/o / D/o _______________________, working as CEO / CFO /

Company Secretary (indicate as applicable) of the company having its registered office at
___________ ___________________ ___________________, with reference to our bid vide our
reference ___________________ against your Enquiry Document (Tender No. RHQCC20105),
declare that in case, at a later date, any of the document submitted in our bid referred above is
found to be false / forged or fabricated, I, shall be held responsible for the same and / Owner has
every right to take action against me and my company, as deemed fit as per provisions of the
bidding documents including / Owner’s right to put our company on Holiday / Blacklist for future
business with/ Owner.

Specimen Signature of Authorized representative

Signature

Name & Designation (CEO or CFO or Company Secretary)

RHQCC23099 Page 61 of 88
29.6 Taxes applicable for foreign bidders :

INCOME TAX :

29.6.1 Notwithstanding anything mentioned in the contract, Letter of Acceptance, Bid

Documents or any correspondences, following clauses shall be applicable with
respect to Indian Income Tax including Withholding Tax.

29.6.2 The CONTRACTOR shall be exclusively responsible and liable to pay all income taxes on
any payments arising out of the Contract, whether payable in India or in other jurisdiction.

29.6.3 Any payment to non-resident or its permanent establishment (PE) in India which is
chargeable to tax in India attracts withholding tax in India under Income Tax Act, 1961 shall
be subject to provisions of Double Taxation Avoidance Agreement (DTAA), wherever
applicable, for withholding tax purpose only.

29.6.4 Contractor shall not include Withholding Tax /Tax deductible at source in its quoted
price. Withholding tax as applicable as per Indian Income Tax Act read with respective
Double Taxation Avoidance Agreement (Herein referred as "DTAA") will be borne by IOCL.

29.6.5 Notwithstanding Clause "3" above, where contractor intends to obtain a Certificate of Lower
or NIL Withholding Tax /Tax deductible at source in terms of provisions of Indian Income Tax
Act 1961 and rules made there under and same shall not be borne by IOCL.

29.6.6 In all cases whether Withholding Tax /Tax deductible at source is borne by IOCL as
described in Clause "4" above or deducted from amount payable as per contract as
described in Clause "5" above, Certificate of Withholding Tax /Tax deducted at source will be
provided by IOCL enabling contractor to claim credit of the same in their country of
residence.

29.6.7 To facilitate benefits of DTAA, contractor shall provide copy of (Tax Residence Certificate
(TRC), (i) Form 10F as described in Rule 21AB of Income Tax Rules, 1962, (iii) NO
PERMANENT ESTABLISHMENT CERTIFICATE (NO PE) as may be required, (iv)
Permanent Account Number (PAN), if available, (v) any other document(s) which might be
required to enable IOCL to apply Lower or NIL rate of withholding tax.

29.7 Additional terms and Conditions for Bidders from Countries which shares land
border with India :
I) Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if bidder is registered with Competent Authority. The Competent authority for the
purpose of registration shall be the Registration Committee constituted by the Department of
Promotion of Internal Trade (DPIIT) of Govt of India.

II) “Bidder” (Including the term ‘Tenderer’, ‘Consultant’ or ‘Service Provider’ in certain contexts)
means any person or firm or company, including any member of a consortium or joint venture
(that is an association of several persons, or firms or companies), every artificial juridical person
not falling in any of the descriptions of bidders stated herein before, including any agency branch
or office controlled by such person, participating in a procurement process.

III) “Bidder from a country which shares a land border with India” for the purpose means:

a) An entity incorporated , established or registered in such country; or

b) A subsidiary of an entity incorporated , established or registered in such country; or
c) An entity substantially controlled through entities incorporated , established or registered in
such country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian ( or other) agent of such an entity ; or
RHQCC23099 Page 62 of 88
 f) A natural person who is a citizen of such a country ; or
g) A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above.

IV) The beneficial owner for the purpose of (iii) above will be as under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is the nature
person(s), who, whether acting alone or together, or through one or more juridical person,
has a controlling ownership interest or who exercises control through other means.

Explanation-

a. “ Controlling ownership interest “ means ownership of a entitlement to more than

twenty-five percent of shares or capital or profits of the company;

b. “ Control shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial owner is the

natural person(s), who, whether acting alone or together, or through one or through one or
more juridical person, has ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is
the relevant natural person who holds the position of senior managing official;

5. In case of a trust , the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust
through a chain of control or ownership.

V. An Agent is a person employed to do any act for another, or to represent another in dealings with
third person.

VI. In tenders for works contracts, including Turnkey contracts, the successful bidder shall not be
allowed to sub-contract works to any contractor from a country which shares a land border with
India unless such contractor is registered with the Competent Authority

In addition to the copies of certificates/ documents to be submitted in compliance of the

above requirement, bidders shall also submit undertaking / certificate as per following
format (as applicable) in the technical bid.

Model Certificate for Tenders

“I have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India; I hereby certify that this bidder is not from such a country and is
eligible to be considered.”

Model Certificate for Tenders

“I have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India; I certify that this bidder is not from such a country or, if from
such a country, has been registered with the Competent Authority. I hereby certify that this
bidder fulfills all requirements in this regard and is eligible to be considered. [Where applicable,
evidence of valid registration by the Competent Authority shall be attached.]’

RHQCC23099 Page 63 of 88
 Model certificate for Tenders for works involving possibility of sub-contracting

“I have read the clause regarding restrictions on procurements from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries; I
certify that this bidder is not from such a country or, if from such a country, has been registered
with the Competent Authority and will not sub-contract any work to a contractor from such
countries unless such contractor is registered with the Competent Authority. I hereby certify
that this bidder fulfills all requirements in this regard and is eligible to be considered. [Where
applicable, evidence of a valid registration by the Competent Authority shall be attached.]”

29.8 Other conditions :

i) Foreign bidders who do not have any permanent establishment in India

shall select the appropriate currency in BoQ sheet and quote in US Dollar /
Euro only. For the purpose of evaluation in equivalent INR the exchange
rate as prevailing as on date of price bid opening shall be considered.
Landed cost shall be worked out by adding taxes , as applicable as per
Indian Income tax Act. The bidder with overall lowest landed cost quotation
shall be the L-1 bidder.
ii) The foreign bidder shall submit an undertaking duly signed by their
authorized personnel in the techno- commercial bid that they do not have
any permanent establishment in India.
iii) While making payment to foreign contractor, if any bank charge is payable,
then the same shall be in the Contractor’s account.
iv) The bidder shall take necessary insurance policy to their personnel
deployed at site.
v) EMD from the foreign bidder shall be obtained in the form of DD/BG only
either issued by nationalized / scheduled Indian bank or by foreign bank
with counter guarantee from nationalized / scheduled Indian bank.
FORM NO. 10F
[See sub-rule (l) of rule 21AB]
Information to be provided under sub-section (5) of section 90 or sub-section (5) of section 90A
of the Income-tax Act, 1961
I _______________________________* son /daughter of Shri ____________________________in the
capacity of _______________________ (designation) do provide the following information, relevant to
the previous year______________________*in my case/in the case of ___________________ for the
purposes of sub-section (5) of *section 90/section 90A:-
Sl. Nature of information Details#
No.
(i) Status (individual; company, firm etc.) of the assessee
(ii) Permanent Account Number (PAN) of the assessee if allotted
(iii) Nationality (in the case of an individual) or Country or specified
territory of incorporation or registration (in the case of others)
(iv) Assessee’s tax identification number in the country or specified
territory of residence and if there is no such number, then, a
unique number on the basis of which the person is identified by
the Government of the country or specified territory of which the
assessee claims to be a resident
(v) Period for which the residential status as mentioned in the
certificate referred to in sub-section (4) of section 90 or sub-
section (4) of section 90A is applicable
(vi) Address of the assessee in the country or territory outside India
during the period for which the certificate, mentioned in (v)
above, is applicable.

2. I have obtained a certificate referred to in sub-section (4) of section 90 of sub-section (4) of section
90A from the Government of ___________________ (name of country or specified territory outside
India).
RHQCC23099 Page 64 of 88
Signature :___________________________________________________
Name : ______________________________________________________
Address:_____________________________________________________
Permanent Account Number:__________________________________

Verification
I __________________ do hereby declare that to the best of my knowledge and belief what is stated
above is correct complete and is truly stated.

Verified today the _____________________ day of ________________________________

________________________________________
Signature of the person providing the information
Place :___________

Notes :
1. *Delete whichever is not applicable
2. #Write N.A. if the relevant information forms part of the certificate referred to in su-
section (4) of section 90 or sub-section (4) of section 90A

RHQCC23099 Page 65 of 88
30.0 OPENING AND EVALUATION OF BIDS

30.1 OPENING OF TECHNO-COMMERCIAL BID

30.1.1 The Techno-commercial part of the Bid shall be opened on-line on the
date & time mentioned in the NIT or at the earliest convenient
thereafter. No Bidder shall be required to be present in IOCL’s office for
any E-Tender opening process. Bidders can view the status &
tender opening by logging on to the website.

30.1.2 DETAILED EVALUATION

The bid without requisite Earnest Money and not in the prescribed
Performa will not be considered & bids of such bidders are liable for
rejection. Techno-Commercial discussions, if considered necessary,
will be held with such Bidders to determine the Techno-Commercial
acceptability of the bids.

30.1.3 SCOPE OF WORK

The complete scope of work and the basic scheme has been defined in
the Bidding Document. The bidder who undertakes to take total
responsibility for the complete scope of work as defined in the Bidding
document shall only be considered.

TIME SCHEDULE OF COMPLETION / CONTRACT DURATION

The time schedule for completion / contract period is given in the
Bidding Document. Bidder is to agree to the completion period / contract
period unconditionally.

Owner expects Tenderer’s compliance to requirement of Tender Document

without any deviation. In any case, no exception or deviation shall be
accepted to the following clauses of Tender Document:

i. Earnest Money Deposit, if applicable

ii. Tender Validity Period
iii. Security Deposit, if applicable
iv. Suspension of Work
v. Price Reduction
vi. Defect Liability Period
vii. Termination
viii. Time Schedule for completion
ix. Scope of work
x. Force Majeure
xi. Arbitration/Termination/Cancellation
xii. Schedule of Rates / Contract Price
xiii. Pre-Qualification Criteria
Deviation on other clauses, if felt absolutely necessary shall be furnished as per
Annexure –VI and discussed in the pre-bid meeting (if any) only. In case Tenderer
stipulate deviations, and there are sufficient Tenders without any deviation,
Owner have the right to reject such Tender at its absolute discretion and without
giving any opportunity for such Tenderer to make good such deficiency.

RHQCC23099 Page 66 of 88
 Deviations/clarifications mentioned anywhere in the tender except in the prescribed
format i.e. Annexure-VI (Given in the tender document with file titled “Annexure-
RHQCC20105.xls”), shall not be given any cognizance and may render their tender
liable for rejection.

Bids based on the process/ basic schemes other than mentioned and/or not
conforming to the technical specifications/ requirements of the bidding document will
not be considered.

OPENING AND EVALUATION OF PRICE BID

30.1.4 PRE PRICE BID MEETING :

IOCL may conduct pre-price bid conference with Technically acceptable
bidders for tenders above certain threshold limit and as decided by IOCL.
If such meetings are held following procedure shall be followed.

i. In case there are commercial deviations, a pre-price bid conference

with technically acceptable bidders may be organised wherein all the
commercial aspects will be fully clarified to the technically acceptable
bidders.
ii. No technical issues shall be raised/ discussed by either side during
Pre Price Bid meeting.
iii. Based on discussions in the pre-price bid conference, deviations, if any,
from tender terms and conditions shall be communicated in writing to all
the bidders and they shall be asked to submit price implication (positive
or negative) in sealed envelope when changes are made after taking
into account the modified terms and conditions including deviations,
within stipulated period. It should be clearly mentioned to the bidders
that if they take any further deviations, their offer shall be rejected
outright. Price implications received after the stipulated date shall not
be considered. Bidders unable to comply with IOCL’s terms and
conditions including proposed deviations will be allowed to withdraw.
iv. If a bidder takes any further deviations other than those agreed,
while submitting the revised price bids, its bid shall be rejected outright
without any reference. In case it is found after opening that any
deviation is incorporated in the revised price bid, bidder is also liable to
be placed on holiday for a period of one year for future tenders in IOCL
after following the laid down policy in this regard.
v. Decisions will be taken strictly on the basis of revised price bids. No
negotiation of any kind will be held with bidders after revised price bids
are opened and no change in bid/ tender will be permitted. However,
negotiation if required, may be carried out with L-1 / Rank -1 bidder
only.

30.1.5 In case of tie between two or more bidders at L-1 / Rank -1 position, all the
L-1 / Rank -1 bidders shall be asked to submit discount over previous
quoted rate in a sealed envelope. In case there is still a tie, the bidder
with highest annual turnover in the most recent financial year shall be
considered as Lowest / Rank -1 bidder.

30.1.6 The Price Bids of only those bidders shall be considered for electronic
opening and evaluation, whose bid is determined to be technically and
commercially acceptable to IOCL. The Evaluation Committee will assess
the completeness of the Financial Proposals.

30.1.7 Bidder shall quote competitive prices. The bidder shall quote rates for
all the items of SOR in the given column of SOR (for item rate
contact) or, quote a flat rate above / below /at par with the estimate
RHQCC23099 Page 67 of 88
 which will be applicable for all the items of SOR (for percentage rate
contract), as mentioned in the BoQ. Not quoting of rates against all items
(for item rate quotation forms) will make the offer of the bidder liable for
rejection. However IOCL will reserve their right to evaluate such bids
considering rates of those items which are not quoted by any particular
bidder as the highest rate quoted by any other bidder in the same tender
and in the event the bidder becomes L-1 / Rank -1 even after considering
the highest rate(s) then the contract may be awarded with ZERO rate(s)
against all such items as it will be treated as bidder has considered
reasonable rates against those items in their quoted rates of other items.

30.1.8 Bidders to quote competitive prices considering the fact that price
negotiations, if required, shall be held with the lowest tenderer only.

30.1.9 Owner /IOCL reserve their right to increase /decrease the tendered
quantity of any or every item and delete any item at any stage of work at
the accepted rates. The Contractor’s claim for compensation or damages
on account of these shall not be entertained subject to provision contained
in General Conditions of Contract (GCC).

30.1.10 Conditional discount, if offered, shall not be considered for evaluation.

Prices may be loaded for the retained terms & conditions, which are
quantifiable and acceptable to IOCL.

30.1.11 Negotiations will not be conducted with the bidders as a matter of routine.
However, OWNER reserves the right to conduct negotiation with the quoted
price.

30.1.12 Selection of "Lowest bidder / Rank -1 Bidder / Landed cost" shall be

determined by including the applicable GST, on overall basis including
all SOR items. Although ordinarily the lowest responsive bid amongst
the bids submitted by tenders and considered qualified and
competent by the OWNER shall be preferred, the OWNER reserves the
right not to accept the lowest bid if, in its opinion, this would not be
in the interests of works.
31.0 PREFERENTIAL PURCHASE

31.1 PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) 2017 (PP-

LC) – Shall be Applicable ,only if the Applicability is specified in the NIT .
Purchase Preference linked with Local Content as per the Policy of Govt. of
India attached with the tender document shall be applicable for this tender if it
is specifically mentioned as applicable in the Notice Inviting Tender (NIT).
Bidders intending to avail the said purchase preference, subject to meeting the
terms and conditions as per the policy, has to submit supporting documents /
declarations in their Technical Bid and also submit required inputs / quotations
relevant to PP-LC in the BoQ format in price bid. The policy is attached
separately (uploaded with the tender document) with file name “Policy-
Purchase-Preference-Local-Content.pdf”.

31.2 PURCHASE PREFERENCE TO MICRO AND SMALL ENTERPRISES

IOCL will allow Purchase Preference to MSE or other organization as per
applicable guidelines issued by Govt. of India till the last day of the month
immediately previous to the month in which last date of original bid submission
falls. However , the purchase preference to MSEs is not applicable in the

RHQCC23099 Page 68 of 88
 works contract where supply of goods not produced by the MSEs is also
involved.

32.0 DISCUSSIONS AND NEGOTIATIONS

OWNER shall be free to engage in discussions or negotiations with the bidder

concerning the terms of their respective bids at all time prior to execution by both
parties of the Contract. Bidders are to quote their most competitive rates. Negotiations
will not be conducted with the bidders as a matter of routine. However, Owner
reserves the right to conduct negotiations. Ordinarily the lowest responsive bids shall
be preferred. However, the OWNER reserves the right not to accept the lowest bid, if
in its opinion this would not be in the interests of the works/IOCL.

33.0 MODIFICATIONS AND WITHDRAWAL OF BIDS

No bid can be withdrawn in the interval between the closing date for receipt of bids
and expiration of the period of bid validity specified by the Bidder in the bid. No suo-
moto reduction in price(s) by bidders is permissible after opening of the bid except by
L1 party. Any Suo-moto modification or withdrawal of bid shall be liable for rejection,
blacklisting & forfeiture for Earnest Money Deposit.
However, Suo moto changes received after submission of bid shall be checked and
treated as per the following matrix.

Stage Price Increase Price Decrease

After Not Acceptable. In case of suo moto price decrease:

opening of Bidder shall be asked to 1. Tender evaluation shall be
un-priced withdraw the price increase, done without considering suo
bid in case bidder refuses to moto price decrease.
withdraw the price increase 2. Ordering shall be done
their bid shall be liable for considering suo moto price
rejection. EMD shall be decrease.
forfeited.

34.0 AWARD OF WORK

34.1 Non Splitablity of the Tender : Unless otherwise specified elsewhere in the
Notice Inviting Tender or the Special Conditions of Contract (Technical), the
tender (whole work) shall be awarded to only one agency i.e. the work will not
be split to line up more than one agency to give any purchase preference or
otherwise for any other reason.

34.2 The technically & commercially acceptable lowest (L1) bidder (Rank – 1 bidder
in case of QCBS / NPV method of evaluation, as specified in the Notice Inviting
Tender and elsewhere in the tender document) or other evaluated bidders as
per any other specific evaluation methodology specified in NIT or in Special
Conditions of Contract, Technical, shall be issued Fax of Acceptance (FOA) /
Letter of Acceptance (LOA) prior to expiry of Tender Validity. Bidder shall
confirm receipt by returning a signed copy of the same.

34.3 Owner shall not be obliged to furnish any information/ clarification/ explanation
to the unsuccessful bidder(s) as regards non-acceptance of their tenders.

RHQCC23099 Page 69 of 88
 Except for refund of EMD (if applicable) to unsuccessful Tenderers, Owner shall
correspond only with the successful Tenderer(s).

35.0 INITIAL SECURITY DEPOSIT / SECURITY DEPOSIT:

Security Deposit (SD) and Initial Security Deposit (ISD) shall be regulated as per
provisions mentioned in Special Conditions of Contract / General Conditions of
Contract

ISD has to be deposited through online transfer in the designated bank account of
IOCL after which the transaction receipt with details are to be submitted to Engineer-in-
charge. However in case the value of ISD / SD is more than Rs. 1.0 Lakh, the bidder
can also submit Bank Guarantee against it.
Details of Bank Accounts of different sites / offices of IOCL for depositing of ISD
/ SD :

Sl. No. Location of Details of Bank Account Number in which ISD / SD

Work are to be deposited by NEFT / RTGS
1 Guwahati Account No. : 10216291036
Refinery Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : Guwahati
IFSC Code : SBIN0006196

2 Barauni Refinery Account No. : 11592307082

Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : Barauni
IFSC Code : SBIN0001502

3 Gujarat Refinery Account No. : 10135305063

Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : Gujarat
IFSC Code : SBIN0000568

4 Haldia Refinery Account No. : 10521992237

Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : Haldia
IFSC Code : SBIN0007090

5 Mathura Refinery Account No. : 10312661011

Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : Mathura
IFSC Code : SBIN0003540

6 Panipat Refinery Account No. : 10432167067

Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : Panipat
IFSC Code : SBIN0008706

7 Paradip Refinery Account No. : 31530804780

Bank : State Bank of India
RHQCC23099 Page 70 of 88
 Name of the beneficiary : Indian Oil Corporation Limited
Branch : Paradip
IFSC Code : SBIN0003945

8 Bongaigaon Account No. : 30776614607

Refinery Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : BGR
IFSC Code : SBIN0007171

9 AOD Refinery Account No. : 10776289584

Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : AOD
IFSC Code : SBIN0006000

10 Mumbai-LO Account No. : 10816014821

Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : Mumbai
IFSC Code : SBIN0003838
11 Kolkata-LO Account No. : 11052270204
Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : Kolkata
IFSC Code : SBIN0001405
12 RHQ, Corporate Account No. : 10813608818
Office, ION- Bank : State Bank of India
Noida, other Name of the beneficiary : Indian Oil Corporation Limited
offices in NCR Branch : New Delhi
under financial IFSC Code : SBIN0017313
control of RHQ
13 IIPM Account No. : 10572582298
Bank : State Bank of India
Name of the beneficiary : Indian Oil Corporation Limited
Branch : Gurgaon
IFSC Code : SBIN0001565

After depositing of ISD through online mode as specified above in the respective Bank
Account of the location of the Job (after due reconfirmation from the Engineer-in-
Charge), the contractor shall intimate the Engineer-in-Charge with copy of such
transaction mentioning transaction details.

36.0 CONTRACT AGREEMENT / CONTRACT DOCUMENT

36.1 The Bidder whose bid has been accepted by IOCL shall enter into formal
agreement with IOCL (as per Performa appended below, on non-judicial stamp
paper) on the date and place to be notified by IOCL (applicable for contracts /
work orders valuing more than Rs. 50.00 lakh). For work orders valuing up to
Rs. 50.00 Lakh execution of formal agreement on non-judicial stamp paper is not
required.

RHQCC23099 Page 71 of 88
 FORM OF CONTRACT

THIS CONTRACT made at …………… this …….. Day of ………, ……………;

BETWEEN INDIAN OIL CORPORATION LTD, a Government of Indian Undertaking
registered in India under the Indian Companies Act 1956, having its registered office
at G-9, Ali Yavar Jung Marg, Bandra (East), Bombay-400 051 and the Headquarters
of its Refineries Division of Indian Oil Corporation Ltd. (Refineries Division), Scope
Complex, Core -2, 4th Floor, 7 Institutional Area, Lodhi Road, New Delhi-110 003
(hereinafter referred to as the "OWNER" which expression shall include its
successors and assigns) of the One Part; AND …………………., ………….. carrying
out business in Company/ Proprietorship /Partnership under the name and style of
………………… …………… having its office at …………….. ……………. …………..
………….. ……………….. (hereinafter referred to/as collectively referred to as the
"Contractor'' which expression shall include his/their/its executors, administrators,
representatives and permitted assigns/successors and permitted assign) of the other
part:

WHEREAS
The OWNER desires to have executed the work of “……….. …………….
……………. …………… ……………” (Tender No : ……………..) more specifically
mentioned and described in the contract documents (hereinafter called the ''work''
which expression shall include all amendments therein and/or modifications thereof)
and has accepted the tender of the CONTRACTOR for the said work.

NOW, THEREFORE. THIS CONTRACT WITNESSETH as follows:

ARTICLE – 1

CONTRACT DOCUMENTS
1.1 The following documents shall constitute the ‘Contract documents’, namely:

(a) This contract;

(b) Tender Documents as defined in the General Instructions to Tenderers;
(c) Letter of Acceptance of Tender (Letter of Acceptance No. ………… dtd. ……..)

1.2 A list of the Tender Documents is annexed hereto as Annexure 'A' while a copy
of the Letter of Acceptance of Tender along with annexure thereto dtd. ……… ……
are annexed hereto and said copies have been collectively marked as Annexure -'B'.

1.3 The Tender Documents mentioned in Annexure ‘A’ are available in electronic
form at the OWNER’S e-tender portal [https://iocletenders.nic.in] under the subject
‘Tender Number ’. These Tender Documents are an integral and valid part
of the present Contract.

ARTICLE -2

WORK TO BE PERFORMED
2.1 The CONTRACTOR shall perform the said work upon the terms and conditions
and within the time specified in the Contract Documents.

RHQCC23099 Page 72 of 88
 ARTICLE -3

COMPENSATION
3.1 Subject to and upon the terms and conditions contained in the Contract
documents, the OWNER shall pay CONTRACTOR compensation as specified in the
Contract documents upon the satisfactory completion of the work and/or otherwise
as may be specified in the Contract documents.

ARTICLE -4

JURISDICTION
4.1 Notwithstanding any other court or courts having jurisdiction to decide the
question(s) forming the subject matter of the reference if the same had been the
subject matter of a suit, any and all actions and 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 New Delhi (where this Contract has been
signed on behalf of the OWNER) and only the said Court(s) shall have jurisdiction to
entertain and try any such action(s) and/or proceeding(s) to the exclusion of all other
Courts.

ARTICLE -5

ENTIRE CONTRACT
5.1 The Contract documents mentioned in Article – I hereof, irrespective of whether
they are available or executed electronically or physically, embody the entire
Contract between the parties hereto, and the parties declare that in entering into this
Contract they do not rely upon any previous representation, whether express or
implied and whether written or oral, or any inducement, understanding or
agreements of any kind not included within the Contract documents and all prior
negotiations, representations, contracts and/or agreements and understandings
relative to the work are hereby cancelled.

ARTICLE -6

NOTICES
6.1 Subject to any provisions in the Contract documents to the contrary, any notice,
order or communication sought to be served by the CONTRACTOR on the OWNER
with reference to the Contract shall be deemed to have been sufficiently served upon
the OWNER (notwithstanding any enabling provisions under any law to the contrary)
only if delivered by hand or by Registered Acknowledgment Due Post to the
Engineer-in-Charge as defined in the General Conditions of Contract.

6.2 Without prejudice to any other mode of service provided for in the Contract
Documents or otherwise available to the OWNER, any notice, order or other
communication sought to be served by the OWNER on the CONTRACTOR with
reference to the Contract, shall be deemed to have been sufficiently served if
delivered by hand or through Registered Post Acknowledgement Due to the principal
office of the CONTRACTOR ……….. ………… ………….. ……………… or to the
CONTRACTOR's representatives as referred to in the General Conditions of
Contract forming part of the Contract Documents.

RHQCC23099 Page 73 of 88
 ARTICLE-7

WAIVER
7.1 No failure or delay by the OWNER in enforcing any right or remedy of the
OWNER in terms of the Contract or any obligation or liability of the CONTRACTOR
in terms thereof shall be deemed to be a waiver of such right, remedy, obligation or
liability, as the case may be, by the OWNER and notwithstanding such failure or
delay, the OWNER shall be entitled at any time to enforce such right, remedy,
obligation or liability, as the case may be.

ARTICLE-8

NON-ASSIGNABILITY
The Contract and benefits and obligations thereof shall be strictly personal to the
CONTRACTOR and shall not on any account be assignable or transferable by the
CONTRACTOR.

IN WITNESS WHEREOF the parties hereto have executed this Contract in duplicate
the place, day and year first above written.

Signed and Delivered Signed and Delivered

For and on behalf of for and on behalf of
M/s ………………… Indian Oil Corporation Limited
(Contractor)

In presence of : In presence of :

1 1

2 2

RHQCC23099 Page 74 of 88
 36.2 Contract Documents for agreement shall be prepared offline in Hard Copy
after award of work as intimated to the successful Bidder by a Fax / Letter of
Intent / Letter of Acceptance. Until the final Contract Documents are prepared
and executed, the Bidding document together with the annexed documents,
modifications, deviations agreed upon by IOCL and the Fax of Acceptance
(FOA) / Letter of Acceptance (LOA) shall constitute a binding contract
between the successful Bidder/Consultant and IOCL. For cases not requiring
execution of formal agreement, as mentioned above, the Bidding document
together with the annexed documents, modifications, deviations agreed upon
by IOCL and the Fax of Acceptance (FOA) / Letter of Acceptance (LOA) shall
constitute a binding contract between the successful Bidder / Consultant and
IOCL.

36.3 The statement of Agreed Variations, if any, shall be prepared based on the
finally retained and agreed deviations, all relevant correspondences, minutes of
meetings, addendum / amendments issued by IOCL. Above-mentioned
contract document shall supersede all correspondences and Minutes of
Meetings (MOMs) (Except the Minutes of Meeting of Price Negotiation, if any)
etc. held between IOCL and the Bidder prior to issue of Fax of Acceptance/
Letter of Intent / Letter of Acceptance. Any deviations of stipulations made and
accepted by IOCL after award of the job shall be treated as amendments to the
contract documents made as above.

36.4 The Bidder (Name of the Company) in whose name this tender is awarded
shall only be eligible for making contract agreement with IOCL.

37.0 BILLING AND PAYMENTS

37.1 The agency shall submit the bill/s in a format prescribed by IOCL.

37.2 The bill/s in the prescribed format shall be duly authenticated by authorized
representatives of the Contractor and supported with the monthly wage bill,
salary disbursement sheet for the previous month duly certified by the Officer-
in-Charge or his representative as per the Contract Labour (R&A) Act 1970
and or amended thereto, and a copy of challans each as proof of deposit of
Provident Fund (PF) & Employees State Insurance (ESI) contributions.

37.3 IOC shall effect payments to the vendors through cheques or E-payments at
its discretion, during operation of the said contract/PO/WO. For this purpose,
the vendor/contractor/supplier shall provide his bank details in the format
provided in the Tender Document.

37.4 PAYMENT OF WAGES:

The CONTRACTOR shall ensure payment of wages to all workmen employed

by him in connection with the work shall be made through electronic mode in a
scheduled bank i.e. NEFT by the contractor in the respective bank account of
workmen. Contractor will facilitate/extend required help to the workmen in
opening a bank account if the workmen do not possess the same to
ensure payment of wages directly to their bank account.
The above clause will supersede in the event of conflict with any other
tender condition/clause or statement made elsewhere in the Bid Document.

37.5 Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) and Pradhan Mantri
Suraksha Bima Yojana (PMSBY)
RHQCC23099 Page 75 of 88
 Contractor shall take necessary measures in facilitating enrolment of its
labour/personnel deployed by him for this contract under the Pradhan Mantri
Suraksha Bima Yojana (PMSBY) and Pradhan Mantri Jeevan Jyoti Bima
Yojana (PMJJBY) through the participating banks.

37.6 BILL TRACKING SYSTEM FOR VENDORS :

IOCL has an online Bill Tracking System (BTS) in which bidders can also enter
details of bills /invoices submitted by them. For availing this vendors are to get
themselves registered in the portal https://associates.indianoil.co.in/Vendor/
and enter bill /invoice details against each such bills / invoices. Vendors can
then periodically check the same site to get updates / status of their bills /
invoices. For further details and guidelines for registration etc. and to collect
user manual in this regard (if required), Vendors are advised to contact
Engineer-in-Charge of the job.

38.0 HOLIDAY LISTING OF VENDORS :

Blacklisting / Holiday Listing / Debarment / Banning Policy of Indian Oil Corporation Limited:

The Blacklisting / Holiday Listing / Debarment / Banning policy of Indian Oil Corporation Limited can be
accessed from any of the following portals:

a) www.iocl.com from the link https://iocl.com/uploads/holiday2023.pdf

b) Indian Oil e-tenders website (https://iocletenders.nic.in) under the “Announcement” Section

37.0 XTRAPOWER
XTRAPOWER Fleet Card Program 1. The XTRAPOWER Fleet Card program is a complete smart card-based
fleet management solution for fleet operators and corporate for cashless purchase of fuels & lubricants from
designated retail outlets (petrol pumps) of Indian Oil through flexible prepaid and credit facilities. The fleet card
also offers exciting rewards along with benefits like personal accident insurance cover and vehicle tracking
facilities. Any business entity owning or operating a vehicle fleet can become a member of the XTRAPOWER
fleet card program. Each fleet owner is issued a Fleet Control Card and vehicle-specific Fleet Cards for every
vehicle enrolled under the program. For enhanced security, the fleet card transactions are authorized through a
unique Personal Identification Number (PIN). Moreover, the card can help track each vehicle's movement across
remote corners of the country, leading to improvement in vehicle utilization and route compliance.
XTRAPOWER is also backed by Indian Oil's vast infrastructure network and webbased support services. For
detailed terms and conditions, you may visit our website https://www.iocxtrapower.com/. You can also call our
XTRAPOWER Customer Service Toll Free Helpline (24 x 7) at 1800 200 1214 or 022 3636 6066 or may write to
us at [email protected]. For any further queries kindly visit the FAQ section on our site
https://www.iocxtrapower.com/. 2. Upon signing of transport agreement, the successful bidder shall be
automatically enrolled with The XTRAPOWER Fleet Card program free of cost and 25% amount payable under
each transportation bill will be credited to his fleet card CCMS account. The above referred limit of 25% referred
above can be increased as per transporters request. In case at any time the successful bidder wishes to opt out of
this program, he may do so by making a written request to IOCL or may opt out from the program by submitting
an online request. However, for achieving full benefit under the scheme, the successful bidder may remain
enrolled with the XTRAPOWER Fleet Card scheme.

**********************

RHQCC23099 Page 76 of 88
 CHAPTER-4

SPECIAL CONDITIONS OF CONTRACT- TECHNICAL

1.0 SCOPE OF WORK

Detailed Requirements to be fulfilled by C-DAC
Sr. No. Requirement
Operation and maintenance of C-DAC's developed AUA-KUA, ASA, ADV and
Management Portal
AUA-KUA and ASA Web Services
1. Operation and maintenance of C-DAC's developed AUA-KUA and ASA web-
services on UIDAI API 2.5 and ADV for IOCL hosted at a data center (DC) and
disaster recovery center (DR).
2. Considering impact on developments, testing and re-deployments, additional API
and/or web-services developments as suggested by UIDAI and/or IOCL, from
time to time will be considered under change management with time and cost
impact.
3. Aadhaar Number received in request and e-KYC response data will not be stored
in any form in the metadata logs and/or in any other separate files, DBs other
than ADV. Applications sending and/or receiving the Aadhaar Number and its
related data in response have to ensure secrecy, privacy etc. as per the UIDAI
guidelines in this regard.
Management Portal
4. Operation and maintenance of C-DAC's developed management portal hosted at
IOCL data center.
5. Feature enhancement and/or adding functionalities, MIS into the management
portal will be considered under change management with time and cost impact.
Connector/Adapter/Shared Libraries
6. Reference implementation of connector will be restricted to single version of
Java.
7. Support of biometric-based authentication and e-KYC using Aadhaar Registered
Device (RD) service will be dependent upon sensor providers. Wherever
language, version and platform support is provided by sensor providers, those
will be incorporated into the reference implementation of the connector. Sample
codes will also be provided for connector implementation which can be used by
IOCL to consume the AUA-KUA and ADV web service APIs. Sensors required for
testing will be provided by IOCL.
8. C-DAC will provide integration kit to IOCL applications for integrating
C-DAC's developed connector with hosted AUA-KUA and ADV solution. C-DAC
will not provide any support to departments/application owners for
modification/development, system libraries used, change in their application
workflow etc. while integrating connector with the application.
9. Integration of various IOCL applications will be tested first on the staging/pre-
production environment and time taken for migration of a particular
application/department to the production environment will be communicated at
the time of integration. Ensuring network communication from application
integrating with AUA-KUA and ADV API will be the responsibility of IOCL.
RHQCC23099 Page 77 of 88
 10. UIDAI specific errors in the application will be guided by C-DAC and to be
addressed by the respective application owners.
Configuration & Deployment
11. Operation and maintenance of deployed AUA-KUA and ASA web services at
IOCL data center with appropriate configurations and changes in deployment as
proposed by C-DAC to IOCL.
12. Porting of private keys, HSM configuration, administration and management will
be the responsibility of IOCL. C-DAC may assist IOCL to perform the required
operations.
13. Re-deployment of the solution either at DC or DR will be considered under
change management cost based on the time and infrastructure involved.
Infrastructure and Network Services
14. All IT and non-IT infrastructure required for deployment of AUA-KUA, ASA,
management portal, monitoring tools etc. will be ensured by IOCL.
15. Monitoring, timely availability and issue resolution w.r.t infrastructure, network
etc. will be the responsibility of IOCL.
16. The solution is developed using open source technologies. C-DAC will not
procure any system software licenses (Java runtime environment, OS, DBMS
and any other system library required for the deployed solution). However, C-
DAC will advise IOCL in procurement of such licenses (if required) for the
purpose of AUA-KUA, ASA and ADV web service and portals developed and
deployed by C-DAC.
17. System software such as OS, DBMS, Application server and/or any other
libraries used in the AUA-ASA solution are based on open source and any
specific issue/behavior of such software will not be modified by C-DAC.
18. Vendor management for IT and Non-IT infrastructure, procurements, issue
resolution etc. will be the responsibility of IOCL.
19. Network services for AUA-KUA, ASA-UIDAI will be provided by IOCL and timely
issue resolution for issue faced w.r.t network will be ensured by IOCL. C-DAC will
extend its full support in providing detailed logs specific to the VMs/Servers for
analysis.
Third Party Audit
20. IOCL can appoint a third party agency for verifying the functionality, performance,
compliance as per UIDAI guidelines for the developed web-services. Any
deviations w.r.t UIDAI compliance in the provided solution will be fixed by C-DAC
without any cost implications.
21. AUA-ASA web-services have dependency on components provided by IOCL
such as hardware/virtual machines, HSM and network. CDAC provide timely
inputs and guide IOCL with ensuring availability of these components.
22. AUA-KUA and ASA are synchronous services and depends on timely response
from UIDAI for appropriate performance of the web-services.
23. IOCL will ensure the annual VAPT and system audit in co-ordination with
C-DAC. IOCL will extend its full support during such audits.
24. The scope of any audit for C-DAC will be limited to the technical solution
developed and deployed by C-DAC. Any procedural, administrative, data
secrecy, privacy, AUA-KUA, ASA license key sharing, network, infrastructure,
policy, SDC and network compliance, training etc. which need to be fulfilled as
per UIDAI guidelines and/or any other compliance for AUA-KUA and ASA
solution will be the responsibility of IOCL.
Solution Support
25. C-DAC will provide offsite support. The offsite support team will follow the
working days time schedule, and gazette/restricted holidays. CDAC will be given
access to the system through VPN.
26. Implementation/requirement of additional MIS/DB reports will be discussed and
mutually agreed upon between IOCL and C-DAC. C-DAC may charge
complex/frequent reporting requirements under change management.
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 27. Any modification in the web services due to change in law, regulations or UIDAI
guidelines in existing APIs of the web-service will be done by C-DAC considering
the man day effort for change, testing and deployment is not more than 3 days/
per incidence. Beyond it, the actual efforts required to accommodate the change
in existing API to meet regulatory requirements will be calculated considering the
change management cost specified under the budget outlay section of this
proposal.
28. C-DAC team will carry out the troubleshooting of the deployed AUA-ASA and
ADV solution and will advise IOCL for if any dependency is there.

29. C-DAC team will monitor the deployed solution and configure the necessary
alerts wherever applicable for effective monitoring of deployed solution. Alerts for
the expiry of AUA-ASA license keys, Digital certificates and ASA to UIDAI
network monitoring will be configured.
30. Regular backup and back-up restoration of the database and applications will be
ensured by the support team of C-DAC.
31. Regular patching/upgrade of software used for the solution viz application server
and database will be performed by C-DAC team and patches/upgrade required
for OS will be advised to IOCL.
32. C-DAC's developed AUA-ASA and ADV web-services will ensure compliance
with UIDAI requirements, laws, and regulations and C-DAC team will guide IOCL
for changes (if any) in the application accordingly based on the rules, regulations
issued by UIDAI from time to time. C-DAC will keep itself updated with changes
in UIDAI guidelines, laws and regulations and ensure that the eKYC system
maintained by them is compliant with laws, regulations, UIDAI guidelines and
best security practices.
33. Solution is designed and developed by C-DAC considering IOCL as AUA and
ASA. In case of changes required to support additional AUA, Sub-AUA, those will
be communicated to IOCL based on the actual efforts required to accommodate
the change in existing API, portal etc. Implementation/requirement of additional
MIS/DB reports will be discussed and mutually agreed upon between IOCL and
C-DAC. C-DAC may charge complex/frequent reporting requirements under
change management.
34. IOCL will be responsible to meet the UIDAI administrative, procedural and
compliance, audit requirements etc. to be followed w.r.t to AUA/Sub-AUA and
ASA. C-DAC will provide guidance to IOCL regarding compliances.
35. Additional effort will be estimated to support additional AUA-KUA and Sub-AUA.
CDAC may provide an estimated cost to support additional AUA-KUA and Sub-
AUA.

Out of Scope
i. All required infrastructures including hardware i.e. servers workstations, networking
components etc. for deployment/scalability of AUA, ASA and ADV solution will be
provided by IOCL.
ii. Acquiring necessary permissions for hosting/integration of applications with AUA-KUA
and ASA.
iii. Department/Application owners' co-ordination and necessary approvals to support
team for integration of AUA-KUA solution.
iv. Service provider management for infrastructure procurement/management.
v. Required network connectivity for AUA-KUA and ASA-UIDAI will be ensured by IOCL.

RHQCC23099 Page 79 of 88
 vi. Coordination with UIDAI, and line departments for signing of agreement, payment of
AUA-KUA, ASA license fees, transaction fees of UIDAI etc.
vii. In any case of violation of Aadhaar Act/ AUA-KUA & ASA agreement by IOCL or any
of the department, C-DAC will not be responsible for such disincentives charged by
UIDAI.
viii. Providing e-mail and/or SMS services required to be integrated with AUA-KUA and
ASA solution for alerts/notification purpose.
ix. HSM vendor management, administration and key management will be the
responsibility of IOCL.
x. Procurement of digital certificates required for signing, decryption, and code signing
certificate etc. will be the responsibility of IOCL. C-DAC will communicate expiry of
licenses and validity of digital certificate to IOCL in time so that necessary actions can
be taken.

2.0 Payment Terms

AMC, Operation & Maintenance Cost

1. 100% Payment will be made on quarterly basis after services are
rendered and invoice is presented for BoQ Items 1, 2 and 3.
Other Charges
2 100% payment will be made towards Change management, on-
site consultancy, training charges as per services availed and the
invoice raised by C-DAC for BoQ Items 4, 5, 6 and 7.

3.0 Service Level Agreement (SLA)

During the AMC period, SLA of 99.9% uptime would be calculated on a quarterly basis.
Following actions would be taken depending on the calculated average uptime
percentage:

Sr. No Quarterly average Penalty

uptime percentage
1 >= 99.90% No Penalty
2 < 99.90% Payment will be made
proportionate to up time. For
example, if availability of the
solution developed and
maintained by CDAC is 99.0%,
then 99% of quarterly AMC value
will be paid.
The availability shall be calculated as:

(Total Duration - Outage Time due to issues with solution developed and
maintained by CDAC) x 100)/ (Total Duration)

AMC value includes:

1. Application maintenance of CDAC developed AUA-ASA, ADV solution
2. Application support charges for DC (if solution is down in DC)
RHQCC23099 Page 80 of 88
 3. Application support charges for DR (If solution is down in DR)
4.0 Special Terms & Conditions

(i) Total duration of the project is 2 years from the date of acceptance of work order.
(ii) The contract can be terminated with a prior notice period of one month as per the
site requirement or decision taken by the Engineer-In-Charge.

Schedule of Rates (SOR)

Sl. Item Description Qty Units Unit GST(in TOTAL AMOUNT

No. rate %) With Taxes

1 Application maintenance of
CDAC developed AUA-KUA,
ASA, ADV solution
1.01 For Year 1 1.000 No.
1.02 For Year 2 1.000 No.
2 Application support charges for
DC

2.01 For Year 1 1.000 No.

2.02 For Year 2 1.000 No.
3 Application support charges for
DR

3.01 For Year 1 1.000 No.

3.02 For Year 2 1.000 No.
4 Training (2 days)
4.01 During the contract period 1.000 No.
5 Man month (working days)
charges for change request

5.01 For Year 1 1.000 Man

month

5.02 For Year 2 1.000 Man

month
6 Consultancy charges
per day

6.01 During the contract period 15.000 Days

7 Support for additional AUA-

KUA/Sub-AUA (per AUA-KUA /
Sub-AUA)
7.01 For Year 1 1.000 No.
7.02 For Year 2 1.000 No.

Total in
Figures

RHQCC23099 Page 81 of 88
It is on discretion of IOCL to avail services under Items 4, 5,6 and 7. Cost of Items 4, 5,6 and
7 will be incurred and payment will be made only if services are availed.

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 CHAPTER-5A

GENERAL CONDITIONS OF CONTRACT (GCC) -- Not Applicable

CHAPTER-5B
RHQCC23099 Page 83 of 88
 CONTRACTOR PERFORMANCE
(Attached Separately)

RHQCC23099 Page 84 of 88
 CHAPTER-5C

Bank Guarantee Formats

(Bank guarantee formats given in this chapter are applicable to
this tender and in case of conflict with GCC formats format
given in this chapter will supersede)

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 CHAPTER-6

PERSONAL PROTECTIVE EQUIPMENTS (PPEs)

ATTACHED SEPERATELY

RHQCC23099 Page 86 of 88
 CHAPTER-7

INDIAN OIL CORPORATION LTD.

(REFINERIES DIVISION)

TENDER DOCUMENT

FOR
Operation and Management of eKYC and Aadhaar Data Vault (ADV) Solution of
IndianOil

(TENDER NO: RHQCC23099)

PART – II (PRICE PART)

(NOT TO BE QUOTED PRICE IN THIS PART)

(PRICE TO BE QUOTED IN BOQ FILE AND UPLOADED IN E-TENDER IN PRICE BID)

Prepared and Issued By:

CONTRACT CELL DEPARTMENT

INDIAN OIL CORPORATION LTD.
(REFINERIES DIVISION)

RHQCC23099 Page 87 of 88
 PRICE PART
BOQ in excel file format is uploaded separately. Bidders are to quote in the same file without
any modification / alteration and upload the same in the space provided for price bid. Bidders
may upload un-priced BOQ along with technical bid. Any price / rates quoted in technical bid
shall be ignored and shall not be taken into cognigence while evaluating the offers. Any
additional condition / deviation mentioned / quoted in price bid shall be ignored and not
considered for evaluation.
The rates quoted shall be inclusive of all levies & duties but excluding GST. Bidders shall
quote their GST rates and other details in the relevant format provided in AITB and also shall
quote the GST rates in Price Bids in case tender is floated on Bid cum Auction basis. Bids shall
be evaluated i.e. landed cost shall be worked out including the quoted GST rate in Technical
Bid (for normal tenders) and in Price Bid (for Tenders with Bid cum Auction) to determine the
lowest bidder / Rank – 1 bidder on overall basis.
List of documents attached / uploaded separately:

i. BOQ-RHQCC23099 (BOQ for price bid quotation)

PREAMBLE TO SCHEDULE OF RATES

1. The schedule of rates should be read with all other sections of this tender.

2. The tenderers shall be deemed to have studied the items, specifications, and details of
work to be done within the time schedule attached and to have acquainted
himself with the conditions prevailing at site.

3. The quantities shown against various items are only approximate. Any increase or
decrease in the quantities shall not form the basis of alteration of the percentage / rates
quoted and accepted.

4. The Owner reserves the right to extrapolate/interpolate the rates for such items of work
falling between similar items of lower and higher magnitude.

5. The works, item wise, shall be measured upon completion and paid for at the rates
quoted and accepted.
[

6. All the items of work mentioned in the ‘Schedule of Rates’ and covered by this contract
shall be carried out as per the drawings, specifications and directions of the Engineer-
In-charge, and shall include all labour(s), materials, tools and tackles, plants
testing, if any, with contractor’s testing appliances etc. required to complete the job.

7. The tenderer shall quote the rates / percentage with respect to items in an excel file
named as BOQ(Bill of Quantity).
8. Unless otherwise specified in Special Conditions of Contract – Technical / Special
Conditions of Contract – Commercial, no price escalation shall be applicable on quoted
rates and the rates shall remain firm and fixed till completion of the contract / job / work
as per terms and conditions of tender.
9. Any other preamble to SOR / Details and notes with reference to SOR mentioned in
Special Conditions of Contract – Technical / Special Conditions of Contract –
Commercial / Detailed Schedule of Rates (as applicable) shall prevail over this
Preamble to SOR, in case of any repugnancy.

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