INDIAN OIL CORPORATION LIMITED

(REFINERIES DIVISION)

(TENDER NO: PDC1H24387)

TENDER DOCUMENT

FOR

Balance job of providing and fixing Crash Barriers at various locations in Paradip Refinery,
Paradip, Odisha (Phase-II)

PART – I
(TECHNO-COMMERCIAL BID DOCUMENT)

Prepared and Issued By:

CONTRACTS DEPARTMENT
PARADIP REFINERY
IOCL
PARADIP, ODISHA-754141

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 1 of 60

 INDIAN OIL CORPORATIONLTD.
(REFINERIE SDIVISION)
PARADIP REFINERY

(TENDER No.: PDC1H24387)

NAME OF WORK: Balance job of providing and fixing Crash Barriers at various locations in Paradip
Refinery, Paradip, Odisha (Phase-II).

INDEX

SL.NO. DESCRIPTION PAGE NO. NO. OF PAGES

PART-I: TECHNO-COMMERCIAL BID

1. INDEX 02 01

2. LETTER OF TENDER DOCUMENT 03 01

3. CHECKLIST FOR SUBMISSION OF BIDS 04-05 02

4. NOTICE INVITING TENDER (NIT) 06-11 06

5. SPECIAL INSTRUCTIONS TO BIDDERS 12-38 27

6. SPECIAL CONDITIONS OF CONTRACT PART-I 39-56 16

7. TIME OF COMPLETION 57 01

8. SPECIAL CONDITIONS OF CONTRACT PART-II 58 01

9. DETAILS OF ANNEXURES 59 01

10. GENERAL CONDITIONS OF CONTRACT (file attached along - 200

with tender documents)
PART-II: PRICE BID

1. SCHEDULE OF RATES /BOQ - -

Techno-Commercial Bid document (Tender no. PDC1H24333) Page

2 of 60
 INDIAN OIL CORPORATION LTD.
(REFINERIES DIVISION)
PARADIP REFINERY

(TENDER NO: PDC1H24387)

LETTER OF TENDER DOCUMENT

NAME OF WORK: Balance job of Providing and fixing Crash Barriers at various locations in Paradip
Refinery, Paradip, Odisha (Phase-II).

We would request you to quote in line with attached tender documents (refer attached Index) & submit the
offer on or before tender due date & time as per Notice Inviting Tender (NIT).

Bids in Physical form sent through Fax / E-mail / Courier / Post will not be acceptable (unless specifically
advised). 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 (if Applicable) shall be paid by way of “Online mode or offline mode by Bank
Guarantee if EMD amount is more than Rs. 1.00 Lakh (as indicated in the Tender documents / NIT or corrigendum
thereof).

Please note that the bid shall be valid for a period of 4 months from bid opening date as mentioned in the NIT
or, any extension thereof, as may be published through any addendum /corrigendum at IOCL e-tendering
website.

Yours Faithfully,
For and on behalf of
Indian Oil Corporation Limited
(Refineries Division)

Deputy General Manager (Contracts)

Paradip Refinery
Indian Oil Corporation Limited

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 3 of 60

 INDIAN OIL CORPORATION LTD.
(REFINERIES DIVISION)
PARADIP REFINERY

(TENDER NO: PDC1H24387)

Checklist for submission of bids

NAME OF WORK: Balance job of providing and fixing Crash Barriers at various locations in Paradip
Refinery, Paradip, Odisha (Phase-II).

Sl. No. Document submitted Please Tick

1. Copy Power of Attorney/ Authorization of the Authorized Signatory who
is having valid Digital Signature Certificate (DSC) and participated in e
tendering (Proprietorship affidavit/ Partnership deed/ Power of
Attorney / Resolution of the boards)
2. EMD/ EMD exemption document /Bid Security Declaration In lieu of
Earnest Money Deposit (if BSD is applicable as per tender)
3. Copy of Articles of Association/ Memorandum of Understanding/
Certificate of Incorporation in case of Limited Company/ Proprietary
Firm/Partnership Firm/ JV
4. Confirm Validity of Offer is not less than 04 (Four) months from the date of
actual opening of bids.
5. PF Registration No. and copy of Certificate

6. ESIC Registration No. and copy of Certificate

7. Copy of Permanent Account Number (PAN) Card

8. GSTIN Registration Certificate

9. Assessment order or copy of ITR Acknowledgements for last 03 (three) years.

10. UDYAM MSE certificate (if any)

11. Startup-Registration certificate (if any)

12. Annual Turn Over document with UDIN as per NIT.

13. Prequalification documents (e.g. Work orders with completion certificates

etc.) as per NIT.
14. Additional technical requirement as per NIT.

15. Submission of Letter of waiver as per format provided in the tender on

company letterhead
16. Undertaking towards eligibility by bidder from a country which shares a
land border with India
17. Undertaking to protect the security, integrity and reliability of power supply
system and network
18. Undertaking for Non submission of multiple bid
19. Submitted declaration on proceedings under insolvency and bankruptcy
code, 2016
20. Undertaking for local content for PPP-MII compliance (applicable for
tenders of estimated value more than 1 crore)
21. Acceptance of tender documents, terms & conditions and undertaking by the
tenderer
22. Tax category annexure
23. Duly filled declaration of relationship with directors of IOCL

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 4 of 60

 24. Declaration for relative employee

25. Proforma of declaration of blacklisting/ holiday listing

26. Proforma for furnishing of deviations/ exceptions to the tender conditions

27. Undertaking for non-engagement of child labour.

28. Integrity Pact Agreement including its Covering Letter duly signed and
stamped on each page (applicable for tenders of estimated value more than
10 crores)
29. Duly filled format for giving consent and bank details on letterhead along
with copy of a cancelled cheque.

30. Submission of self-certified declaration that Bidder is not under

liquidation, court receivership or similar proceedings. If, any, please give
details
Bidder to confirm whether or not India has a Double Taxation Avoidance
31. For Global Tenders
Agreement (DTAA) with the Licensor’s country.

In case, DTAA exist, the bidder shall submit (i) Permanent Account
Number (PAN) as per Indian Income Tax requirement, (ii) Tax Residency
Certificate (TRC) from govt. of foreign country and (iii) additional
32. For Global Tenders
information as per Form No.10F.
The above documents shall be furnished before release of any payment
or within 1 month of the date of agreement whichever is earlier.

Submission of copy of Tax Residency Certificate (TRC) issued by tax

33. For Global Tenders
authorities of the country of residence of the Licensor

34. Form 10F as specified in Indian Income Tax Act and Rules For Global Tenders

Copy of Permanent Account Number (PAN) issued by Indian Income Tax

Authorities, if available, or Declaration in Lieu of PAN as specified in Rule
35. For Global Tenders
37BC of Income Tax Rules, 1962. Format of Declaration in lieu of PAN
is attached as part of tender document as Annexure-VI.

36. Undertaking for CEPA/FTA/Trade Agreement benefits For Global Tenders

Price Bid

Note: Documentary evidence shall be submitted in support of the details (as the case may be).

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 5 of 60

 REFINERIES DIVISION
Paradip Refinery
(Regd. Office: G-9, Ali Yavar Jung Marg, Bandra (East)
Mumbai-400051 (India) CIN - L23201MH1959GOI011388)

1 Tender No. PDC1H24387

DOMESTIC BIDDING
2. Type of Bid (Domestic /Global) Under Two Bid System
One Time Job; Works Contract
Balance job of providing and fixing Crash Barriers at various locations in
3. Name of the Job
Paradip Refinery, Paradip, Odisha (Phase-II).
Time Schedule/ Duration of Time of completion for the job shall be 04 months from the date of site
4. Contract handover.
As per IOCL e-tender schedule (14 Days)
5. Tender download schedule Tender documents can be downloaded free of charge from the website
https://iocletenders.nic.in during the above period.
Pre- bid meeting shall be conducted on 15/04/2025; 11:00 Hrs or
later date/time through Virtual Video Conferencing Platform.
Please note: Bidders who shall not be available physically may join Pre bid
meeting on the below link:
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_NWZkZWM0YjgtYTZjZi00NjcxLWFiNjEtM2Q0YjkwYT
6. Pre-Bid Meeting
g0ZmVm%40thread.v2/0?context=%7b%22Tid%22%3a%22a2f14507-fab7-
4185-9f8d-bbb265ce04e5%22%2c%22Oid%22%3a%228f42c170-f875-4ec0-
8cb1-b062f559f49d%22%7dV
Based on the Pre-bid meeting, IOCL will issue necessary Amendments /
Addendums (Only If felt necessary by IOCL) in IOCL GeM portal only. No reply
to Pre-bid.
Bid Submission Start Date &
7 As per IOCL e-tender schedule
Time
8. Last date of submission oftender As per IOCL e-tender schedule

Tender (Techno-commercial) shall be opened as per IOCL e-tender schedule

Techno-commercial Tender or at a later date/time convenient thereafter.
9.
opening date Date and time of Priced Bid opening will be communicated only to techno-
commercially acceptable bidders.
EMD amount is ₹ 20,200/- (Through online transfer)

10. Earnest Money Deposit Please refer SITB Clause no. 15 (EMD submission) and Clause no.16 (EMD
(EMD) exemption)
Offers received without EMD/ EMD exemption document shall be liable for
rejection.
The intending tenderers shall have to furnish proof of their pre- qualification and
11. Pre-qualificationCriteria (PQC):
experience along with the Part-I (Techno- commercial bid).
Minimum ₹ 48.36 Lakhs during any of the three preceding financial years

Proof of ATO shall be submitted in form of Audited Profit and Loss account
statement of the bidder with UDIN.
11.1 Annual Turnover (ATO)
In case of tenders having original bid closing date up to 6 months from the
current financial year, and, in case audited financial results of the immediate
three preceding financial years are not available, the bidder has an option to
submit the audited financial results of the three years immediately prior to

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 6 of 60

 preceding financial year. Wherever the closing date of the bid is after 6 months
from the current financial year, bidder has to compulsorily submit the audited
financial results for the immediate three preceding financial years. The
immediately preceding financial year shall be considered, accordingly. The
audited financial results shall be certified by an auditor on or before the date
of bid submission.

If a Bidder is not required to get its accounts audited under Section 44AB of
The Income Tax Act, 1961, certificate from a Practicing Chartered Accountant
towards the turnover of the Bidder along with copy of its Income Tax Return
should be obtained.

Three completed works each costing not less than ₹ 24.18 Lakhs
OR
Two completed works each costing not less than ₹ 32.24 Lakhs
OR
One completed work costing not less than ₹ 40.30 Lakhs

Value of Single Work (SWO) (The above value of completed works is inclusive of service tax/GST).
executed by thebidder as main Note: In case of extended bid submission date, original bid submission
contractor or sub-contractor date shall be considered.)
for similar nature of work
11.2 (during any of the last seven For fulfilling the experience criteria against work order(s) following documents
years ending on last day of the may be considered as valid proof for meeting the criteria
month immediately previous to a) Purchase/ Work Order copy with Schedule of Rates/ Scope of Works and
the month in which original last b) Completion certificate by end client with executed value, date of
date of bid submission falls). completion of the job and reference work order number.
c) In case of works done as a sub-contractor: apart from copy of
purchase/work order with schedule of rates/scope of work from the main
contractor, the bidder who has worked as a sub-contractor has to submit a
certificate from the end user / owner / consultant of the owner acting as EIC
stating that the main contractor has intimated them about the engagement of
sub-contracting OR have been allowed/ permitted as a sub-contractor.

Similar nature shall be

11.3 defined as Civil and structural (steel) works.

Whether the Tendered Job is an

ARC / AMC of one-year or
more duration
[If ARC / AMC job of one-year No, One-Time job
11.4
or more duration then the work
experience value submitted by
the bidder shall be annualized]
Additional Technical Mentioned below:
12 Requirement (if any)
Offer must be uploaded on e-tender website https://iocletenders.nic.in before
the last date & time of submission of tender.
13. Mode of Submission
Offer submitted using any other mode will not be accepted.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 7 of 60

 1. PF Code Allotment letter/PF registration.
2. Independent ESI Code or undertaking for Independent ESI code in the
Format given as Annexure to ITB.
3. Proof of Authority/ Power of Attorney in favour of person authorized to
submit the bid.
4. Copy of PAN card.
5. Certificate of Incorporation / Partnership deed/ Proprietor ship affidavit/
14 Other requirements
Societies Registration Certificate.
6. GSTIN registration certificate
7. Udyam certificate (if MSE)
8. Assessment order of copy of Income tax returns duly acknowledge by
income tax department for last three (03) financial years.
9. Duly filled Undertakings and Annexures
10. Startup Certificate (if applicable)
Deputy General Manager (Contracts)
Indian Oil Corporation Limited
Paradip Refinery
15 Tender Inviting Authority
PO- Jhimani, Via-Kujang, District-Jagatsinghpur, Odisha-754141
Tel No- 06722-255371, 5374, 5377
Email: [email protected], [email protected]
Not Applicable
16 Integrity Pact Agreement

Not Applicable
17 Reverse Auction

Public Procurement (Preference

18 to Make in India), 2017 and Not Applicable
amendments thereof (PPP- MII)
Purchase Preference to Micro
19 and Small Enterprises (MSEs) Not Applicable
Bidders (PPP-2012)
20 Splitting of tender No
Job nature (Critical/ Non- Critical
21
critical) Note: PQC relaxation for Startups is not applicable for this tender.
22. Mobilization advance Not Applicable.

23. General
Bidder to note:

1. Provisions/Conditions stipulated in NIT supersedes all the sections of Tender document.

2. Offers from following types of bidder will not be accepted:

i. Who are in the Holiday list of IOCL or its Administrative Ministry, MoPNG
ii. Who are under liquidation, court receivership or similar proceedings.
iii. 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).
iv. If insolvency resolution process has commenced (viz. application has been admitted by
Adjudicating Authority and moratorium has been imposed and IRP has been appointed) or
liquidation or bankruptcy proceedings have commenced in respect of bidder in terms of Insolvency
and Bankruptcy Code, 2016 or any other applicable law (in cases where code is not applicable) at
any stage of evaluation of 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, the bid of the next
higher eligible bidder will be considered for further processing. EMD of such bidder shall be
returned.
v. 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.
vi. Foreign bidders participating in Domestic /National tender.
vii. Offer from joint bidders / consortium, unless specifically permitted in the tender for such bidding.
3. The subject work is indivisible and shall be awarded to single successful bidder unless stated otherwise

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 8 of 60

 elsewhere in the tender document.

4. The experience of bidding entity will only 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.

5. Consultant 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.

6. Detail work order qualifying for similar in nature as described including covering Letter and 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.

7. In case of works done as a sub-contractor: apart from copy of purchase/work order with schedule of
rates/scope of work from the main contractor, the bidder who has worked as a sub-contractor has to
submit a certificate from the end user / owner / consultant of the owner acting as EIC stating that the
main contractor has intimated them about the engagement of sub-contracting OR have been allowed/
permitted as a sub-contractor.

8. 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.

9. The offers with incomplete /irrelevant documents or anomalies are liable to be rejected without any
communication. Hence, bidders are advised to take utmost care while uploading their prequalification
documents.

10. 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 and no further query in this regard will be made.

11. If bidder has submitted a composite work order for evaluation and the AMC/CAMC /PWAMC/O&M is
going on, after supply and installation part is completed by the Contractor as per completion certificate,
the same is to be considered as completed work and the amount towards supply and installation shall be
considered for qualifying the bidder in PQC towards experience criteria.

12. In case any bidder submits work order and completion certificate of any executed contract where the
bidder had worked as a leader / member of Joint Venture / Consortium / Joint Bidder, the work

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 9 of 60

 valueshall be worked out as per the percentage share of the bidder in the JV / Consortium / Joint bidding
agreement. Further in case the bidder had executed only a certain portion of the composite job through
such agreement, his experience shall be counted for that particular portion of the job executed by him
only, as specified in the JV/ consortium/joint bidder agreement. For such cases, in addition to work order
and completion certificate(s), bidder will also submit copy of JV / consortium / joint bidder agreement
and work order & completion certificate(s) has to be issued in the name of such JV / consortium / Joint
bidder OR in the name of the Leader with brief details of JV / consortium / joint bidder specified in the
work order.

13. For ARC jobs (of one-year or more duration), the experience criteria shall be based on annualized
value of works per contract including GST.

14. In case of foreign bidders, if the annual turnover is in currency other than the USD, the same shall be
converted into equivalent USD considering the conversion factor indicated in Bidder’s audited financial
report. In case the same is not indicated, the conversion rate of USD as on last date of Bidder’s financial
year shall be considered based on State Bank of India (SBI) TT selling rate.

15. In case the work order value/ executed value indicated is in currency other than INR/ USD the same shall
be converted in equivalent USD considering the conversion rate based on SBI TT selling rate as on the
date of issue of the reference order(s)/ date of completion, as applicable.

16. For domestic bidding, if currency indicated in the work order/completion certificate submitted by bidder,
is other than Indian Currency, the same shall be converted to equivalent INR considering the conversion
rate based on SBI TT selling rate as on the date of issue of the reference order(s) /date of completion, as
applicable.

17. Relevant supporting documents towards other requirements specified are also to be uploaded along with
Techno-commercial bid failing which bid is liable for rejection.

18. The completion certificate, submitted by the bidder shall separately indicate the Service Tax amount
included in the value of completed job OR a separate certificate from the respective client, mentioning
the service tax amount, if any, included in the value of completed job under consideration should be
submitted by the bidder.

19. Amount considered for meeting the experience criteria of PQC shall be inclusive 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 inclusive of GST and
shall be evaluated accordingly.

20. 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.

21. IOCL will allow Purchase Preference to MSE / PPP-MII as per applicable Govt. guidelines, if applicable
in Tender.

22. 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.

23. Legal dispute, if any, shall only be within the jurisdiction of Local Court unless mentioned otherwise.

24. All communication will be made through Portal. However, IOCL reserve the right to take cognizance of
the communication made outside Portal under exceptional circumstances.

25. 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.

26. 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).

27. Submission of authentic documents is the sole responsibility of the bidder. However, IOCL reserves the
right to verify the PQC documents submitted by the bidder(s). For the purpose of verification, bidders
shall submit complete client details with names, address, phone numbers and e-mail id with the
understanding that IOCL may contact the bidder’s client to verify the PQC documents. Wherever

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 10 of 60

 required, bidders may have to submit notarized / verified copy of PQC documents. Non submission of
these documents, if asked for, will lead to rejection of offer. Should IOCL decide to place order pending
verification of PQC documents, payment shall be made only after completion of order. If at any stage,
the PQC documents are found to be forged / false / fake, suitable penal action shall be taken, which may
include offer rejection, EMD forfeiture, termination of order (wherever applicable) and holiday listing
of the bidder / vendor.

28. 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.

29. Offers not meeting statutory requirement are liable for rejection.

30. Notwithstanding any other condition / provision in the tender documents, bidders are required to submit
complete documents pertaining to Pre- Qualification Criteria (PQC) along-with their offer. IOCL
reserves the right to complete the evaluation, with or without seeking any additional supporting
documents / clarifications.

31. Any Addendum/ Corrigendum/ Sale date extension in respect of above Tender shall be issued on Portal
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.

32. 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.

33. Tenders without Earnest Money are liable to be rejected. Bidders claiming exemption need to submit
necessary documentary proof of their eligibility along with their techno-commercial bid. The document
must be valid on the bid submission date. In absence of same their offer are liable for rejection. Suo
motto submission of document after the due date of bid submission will not be considered for EMD
exemption.

34. 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 Indian Oil. 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 Indian Oil. 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 Indian Oil 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 Indian Oil, 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 Indian Oil”,
copy of which is hosted on the website www.iocl.com. Accordingly, it must be ensured that any UPSI,
whenever received from the Indian Oil, (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 Indian Oil 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 Indian Oil 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.

Note: In this tender, successful bidder of our earlier tender no. PDC1H23205 i.e. M/s Tiwari
construction Co. is not allowed to participate.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 11 of 60

 Deputy General Manager (Contracts)
Indian Oil Corporation Limited
Paradip Refinery
PO- Jhimani, Via-Kujang,
District-Jagatsinghpur Odisha-754141

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 12 of 60

 INDIAN OIL CORPORATION LTD.
(REFINERIES DIVISION)
PARADIP REFINERY
TENDER NO.: PDC1H24387
SPECIAL INSTRUCTIONS TO BIDDERS (SITB)

Name of Work: Balance job of Providing and fixing Crash Barriers at various locations in Paradip
Refinery, Paradip, Odisha(Phase-II).

1. The bidding documents are and shall remain the exclusive property of the IOCL without any right of the
bidder to use them for any purpose except bidding and for use by successful Bidder with reference to the
work.

2. 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.

3. Bidding documents are non-transferable.

4. 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 Annexures.
5. 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.

6. 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.

7. Tender Fee: For e-tenders, tender fee shall not be applicable.

8. Contractor Performance Evaluation (CPE) Guideline: attached in tender documents.

9. As on date following procurement policies are in place:

i. Micro & Small Enterprises (MSE) Policy

सूक्ष्म , लघु और मध्यम उद्यम मंत्रालय DEVELOPMENT COMMISSIONER | MINISTRY OF MICRO,
SMALL & MEDIUM ENTERPRISES | Government of India (dcmsme.gov.in)

ii. Start-up Policy

R-86.pdf (dpe.gov.in)

iii. Policy of Domestically Manufacture Iron & Steel Products

https://steel.gov.in/policies/policy-providing-preference-domestically-manufactured-iron-and-
steelproduct-govt

iv. Public Procurement (Preference to Make in India) (PPP-MII) Order, 2017. (This is in vogue now
replacing PPLC Policy)
Public Procurement | Department for Promotion of Industry and Internal Trade | MoCI | GoI
(dpiit.gov.in) to be read in conjunction with latest MoPNG circular in this regard.

v. Policy for procurement through Government e Marketplace (GeM) (https://gem.gov.in)

vi. Policy for Participation in bidding by agencies from countries sharingGeographical border with
India. OM dated 23.07.2020.pdf (doe.gov.in)
Various policies issued by Department of Expenditure can be accessed from link below:
Procurement Policy/O.M/DEPARTMENT OF Expenditure | Ministry of Finance |Government of
India (doe.gov.in)
10. Benefits / Preference for Micro & Small Enterprises (MSEs):

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 13 of 60

 i.) As per Public Procurement Policy for Micro & Small Enterprises (MSEs) Order, 2012 issued vide
Gazette Notification dated 23.03.2012 by Ministry of Micro, Small and Medium Enterprises of Govt.
of India and Gazette Notification no. 2119(E) dated 26.06.2020 in supersession of Gazette Notification
no. 1702(E) dated 01.06.2020 , Micro and Small Enterprises (MSE's) must have Udyam Registration
Certificate (https://udyamregistration.gov.in) permitted by GOI w.e.f., 01.04.2021, to avail the benefits
/ preference available vide Public Procurement Policy MSEs Order, 2012.
ii.) As per Gazette Notification No. 4714 dated 18.10.2022, In case of an upward change in terms of
investment in plant and machinery or equipment or turnover or both, and consequent re-classification,
an enterprise shall continue to avail of all non-tax benefits of the category (micro or small or medium)
it was in before re-classification, for a period of three years from the date of such upward change.
iii.) MSEs participating in the tender must submit the Udyam Registration Certificate / Udyam registration
number in their bid to avail the benefits of MSEs.
iv.) The Udyam Registration Certificate must be valid as on close date of the tender.
v.) In case of Service Contracts purchase preference will be provided to all eligible MSEs irrespective of
relevance of product Category.
vi.) Bidders are requested to select Purchase Preference (PP) in e-portal and upload valid documents.
vii.) Bidders who have selected purchase preference on e-tender portal but not submitted/uploaded valid
documents will not be considered for purchase preference.
viii.) The above conditions shall be applicable only in tenders floated other than GeM, tenders floated
through GeM will be governed by the GeM policies/provisions amended from time to time.
ix.) Purchase Preference – In tender, participating MSEs quoting price within the band of L1+15% shall
also be allowed to supply a portion of requirement by bringing down the price to L1 price in a situation
where L1 price is from someone other than an MSE. Such MSEs shall be allowed to supply at least
25% of total tendered value.
x.) In case L1 is not an MSE and there is more than one MSE within the range of L1+15%, only the
lowest MSE shall be considered for 25% order in case of divisible item (or 100% in case order quantity
is not divisible), subject to matching the L1 prices. Only on refusal of such lowest MSE to accept L1
price, second lowest MSE within the range of L1+15%, shall be considered. The process shall be
continued till a MSE in the range accepts the L1 price or the MSEs in the L1+15% range are
exhausted. In case no MSE accepts the L1 price or there is no MSE available, in L1+15% range, the
order shall be placed without applying the principle.
NOTE:
1. In case where MSE bidder is already getting order for more than 25% of the tender value, no additional
purchase preference will be given in that tender.
2. In case MSE bidder is already getting order for less than 25% of the tender quantity, purchase
preference to this and other MSE bidders (together) shall be given only up to the differential quantity
to make total as 25% to MSE vendor.
3. Price of Quoted part of BOQ (Bill of Quantities) with applicable taxes shall be considered for
evaluation of Price preference to MSE bidder.
xi.) Out of the 25% (twenty five percent) target of annual procurement from micro and small enterprises,
4% (four percent) shall be earmarked for procurement from micro and small enterprises owned by
Scheduled Caste & Scheduled Tribe entrepreneurs and 3% (three percent) for MSEs owned by women
entrepreneurs. In the event of failure of such MSEs to participate in the tender process or meet the
tender requirements and L1 price, 4% (four percent) and 3% (three percent) sub-targets so earmarked
shall be met from other MSEs.To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate
issued by District Authority must be submitted by the bidder in addition to certificate of registration
with any one of the agencies mentioned in paragraph (I) above. The bidder shall be responsible to
furnish necessary documentary evidence for enabling IOCL to ascertain that the MSE is owned by
SC/ST. MSE owned by SC/ST is defined as:
a. In case of proprietary MSE, proprietor(s) shall be SC /ST
b. In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares in the enterprise.
c. In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.

xii.) The tendered quantity cannot be split in 75:25 ratio to give preference to Micro & Small
Enterprises (MSEs).

11. Relaxation of norms for startups

a) No turnover and prior experience criteria with respect to start up shall be considered subject to meeting
the quality and technical specification of the tendered service and where tendered items / services are not
critical in nature.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 14 of 60

 b) Startups intending to seek relaxation of prior experience and prior turnover criteria under this policy shall
submit the Certificate of recognition as Startup from Deptt. of Industrial Policy & Promotion, Ministry
of Commerce & Industry, Govt of India.

c) https://www.startupindia.gov.in may be referred for detail and subsequent changes in the guideline.

d) The above relaxation shall be applicable for procurement of goods produced and services rendered, and
the relaxation shall not be applicable for works contracts.

12. Purchase Preference (Preference to Make In India)/PPP-MII

Public Procurement (Preference to Make in India) (PPP-MII) Order, 2017. (This is in vogue
now replacing PPLC Policy)
Public Procurement | Department for Promotion of Industry and Internal Trade | MoCI | GoI (dpiit.gov.in)
to be read in conjunction with latest MoPNG circular in this regard.

Note: PPLC/PPP-MII policy shall not be applicable for tenders below 1 crore.

The Class-I local suppliers, under PPP-MII Order, participating in any government tender, may or may not
be MSEs, as defined under the MSME Act. Similarly, MSEs participating in any government tender`, may
or may not be Class-I local suppliers. Suppliers may be categorized in following four broad categories for
consideration or applicability of purchase preference.

Category Terminology
Supplier is both MSE & Class-I local supplier. “MSE Class-I local supplier”
Supplier is MSE but not Class-I local “MSE but non-Class-I local supplier”
supplier.
Supplier is not MSE but is Class-I local “Non-MSE but Class-I local supplier”
supplier.
Supplier is neither MSE not Class-I local. “Non-MSE non-Class-I local supplier”

The applicability of PPP-MSE Order and PPP-MII Order in various scenarios, involving simultaneous
purchase preference to MSEs and Class-I local suppliers under PPP-MSE Order and PPP-MII Order
respectively, shall be as under:
a) Items covered under Para 3(a) of PPP-MII Order, 2017 for which Nodal Ministry has notified sufficient
local capacity and competition : For these items, only Class-I local suppliers are eligible to bid irrespective
of purchase value. Hence, Class-II local suppliers or Non-local suppliers, including MSEs which are Class-
II local suppliers / Non-local suppliers, are not eligible to bid. Possible scenarios can be as under:
i. L-1 is “MSE Class-I local supplier”-100% of the tendered quantity is to be awarded to L-1.
ii. L-1 is “Non-MSE but Class-I local supplier” –Purchase preference is given to MSEs as per PPP-MSE
Order. Balance quantity is to be awarded to the L-1 bidder.
b) Items reserved exclusively for procurement from MSEs as per PPP-MSE Order: These items are reserved
exclusively for purchase from MSEs. Hence, Non-MSEs are not eligible to bid for these items. Possible
scenarios can be as under :
i. L-1 is “MSE Class-I local supplier”–100% of the tendered quantity is to be awarded to L-1.
ii. L-1 is “MSE non-Class-I local supplier” – Purchase preference is to be given to Class-I local supplier as
per PPP-MII Order. Balance quantity, is to be awarded to L-1 bidder.
c) If items are neither notified for sufficient local capacity nor reserved for MSEs, then the process will be as
follows :
(a) Items covered under Para 3A(b) of PPP-MII Order are divisible items and both MSEs as well as Class-I
local suppliers are eligible for purchase preference. Possible scenarios can be as under :
i. L-1 is “MSE Class-I local supplier” – 100% of the tendered quantity is to be awarded to L-1.
ii. L-1 is “Non-MSE but Class-I local supplier” – Purchase preference is to be given to MSEs, if eligible, as
per PPP-MSE Order. Balance quantity is to be awarded to L-1 bidder.
iii. L-1 is “MSE but non-Class-I local supplier” – Purchase preference is to be given to Class-I local
suppliers, if eligible, as per PPP-MII Order. Balance quantity is to be awarded to L-1 bidder.
iv.L-1 is “Non-MSE non-Class-I local supplier” – Purchase preference is to be given to MSEs as per PPP-
MSE Order. Thereafter, purchase preference is to be given to Class-I local suppliers for “50% of the
tendered quantity minus quantity allotted to MSEs above” as per PPP-MII Order. For the balance
quantity, contract is to be awarded to L-1 bidder.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 15 of 60

 (b) Items covered under Para 3A(c) of PPP-MII Order, 2017 are non-divisible items and both MSEs as well
as Class-I local suppliers are eligible for purchase preference. Possible scenarios can be as under :
(i) L-1 is “MSE Class-I local supplier” – Contract is awarded to L-1.

(ii) L-1 is not “MSE Class-I local supplier” but the “MSE Class-I local supplier” falls within 15% margin
of purchase preference – Purchase preference is to be given to lowest quoting “MSE Class-I local
supplier”. If lowest quoting “MSE Class-I local supplier” does not accept the L-1 rates, the next higher
“MSE Class-I local supplier” falling within 15% margin of purchase preference is to be given purchase
preference and so on.

(iii) If conditions mentioned in sub paras (i) and (ii) above are not met i.e. L-1 is neither “MSE Class-I
local supplier” nor “MSE Class-I local supplier” is eligible to take benefit of purchase preference, the
contract is to be awarded / purchase preference to be given in different possible scenarios as under:

A. L1 is “MSE but non-Class-I local supplier” or “Non-MSE but Class-I local supplier – Contract is to be
awarded to L-1.
B. L-1 is “Non-MSE non-Class-I local supplier”–First purchase preference to be given to MSE as per PPP-
MSE Order. If MSE not eligible / does not accept – purchase preference to be given to Class-I Local
supplier as per PPP-MII Order. If Class-I Local supplier also not eligible / does not accept-contract to be
awarded to L-1.
d) Items reserved for both MSEs and Class-I local suppliers: These items are reserved exclusively for
purchase from MSEs as well as Class-I local suppliers. Hence, only “MSE Class-I local supplier” are
eligible to bid for these items. None-MSEs/Class-II local suppliers / Non-local suppliers cannot bid for
these items. Hence the question of purchase preference does not arise.
e) Non-local suppliers, including MSEs falling in the category of Non-local suppliers, shall be eligible to
bid only against Global Tender Enquiry.

13. The following modalities for preferential treatment in tender evaluation will be applicable for tenders
floated in GeM portal:

‘In adherence to the procurement guidelines on the GeM portal, it is imperative that bidders acknowledge
and select their Micro and Small Enterprise (MSE) status on the 'Page for selection by bidders for MSME
status’.
Failure to actively choose and verify the MSE status, despite the submission of valid documents for
purchase preference, will lead to disqualification of the bidder from participating in any purchase
preference considerations.

14. The following modalities for preferential treatment in tender evaluation will be applicable for tenders
floated in e-tender portal:

Bidders intending to claim preferential benefit must comply with the requirements as explained below.

i. For benefit during RA:

Preferential bidders shall indicate the applicable option at the designated section of the tender portal while
participating in the tender as per their status, duly supported by clear and unambiguous documentary
evidence. The option ticked by the bidder in the portal against selection of purchase preference shall be
used solely for the purpose of the elimination of the H1 bidder during Reverse Auction process. Bidders
who do not tick any option shall not get any preferential benefit during the RA process, irrespective of
whether they have submitted documents towards their preferential status or not.

ii. For benefit during allocation:

The documents submitted by the preferential bidders in the tender towards establishing their status and
classification (either as MSE Class-I local supplier or MSE but non -Class-I local supplier or Non-MSE
but Class-I local supplier or Non MSE non -Class-I local supplier) shall be the ONLY basis of purchase
preference considered during allocation. For example, if a bidder wants to claim purchase preference as
both MSE as well as Class I local supplier for allocation purpose, they must upload documents
establishing their status as both MSE & Class -I local supplier. The purchase preference to be operated
during allocation shall be independent of whether bidder has ticked any option in the portal or not.
Techno-Commercial Bid document (Tender no. PDC1H24387) Page 16 of 60
 Therefore, the methodology with respect to acceptance of claimed “Preference Category” in preferential
bidding for the sole purposes of allocation shall be as per the following matrix:

Case Selection Valid Modality for preferential

of Document treatment in tender
Preference for evaluation
Category Preferential
in e-portal treatment
1 YES YES To be considered for
preferential treatment,
wherever applicable
2 YES NO Will not be considered for
preferential treatment.
3 NO YES To be considered for
preferential treatment,
wherever applicable
4 NO NO Will not be considered for
preferential treatment.

15. EARNEST MONEY DEPOSIT (wherever applicable as per NIT):

EMD for Indian Bidders:

(i) EMD amount up to Rs. 1 Lakh: EMD to be submitted through online payment. Transaction slip to be
uploaded along with the offer. EMD payment through Demand Draft, Bankers Cheque and Swift Transfer
shall not be accepted.
Beneficiary Name : IOCL Paradip Refinery
Bank Name : State Bank of India
Branch Code : 03945 (Paradeep)
Account No. : 31530804780
Account Type : Cash Credit
IFSC / RTGS Code : SBIN0003945

(ii) EMD amount more than Rs. 1 Lakh: EMD can be submitted through online payment or through Bank
Guarantee (BG). Validity of BG in lieu of EMD shall be at least 3 months beyond bid validity. Bank
Guarantee must be strictly as per IOCL format. Scanned Copy of EMD instrument i.e. Bank Guarantee
has to be uploaded in the un-priced bid and the bidder should also ensure that the original BG in physical
form duly enclosed in a sealed envelope super-scribed with “Offline EMD”, Bidder’s Name, Tender No.,
bid submission end date & time, is received at the office of tender issuing authority as per following
schedule:

1) Single Bid Tenders: Before due date and time of opening of bids.
2) Two Bid Tenders: Within 7 working days from the date of opening of technical bids.
Note:
➢ For the purpose of receipt of BG, the time recorded in the receipt / dispatch section against receipt shall
be considered as receipt time.
➢ Only those physical BG instruments found matching with the copy submitted in the e- portal shall be
considered as valid.
➢ IOCL shall not be responsible for postal/courier delay, non-receipt or loss in transit.
➢ In case bidder does not submit EMD as mentioned above, then the bid shall be liable for
rejection.

EMD for Foreign Bidders

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 17 of 60

(i) EMD amount upto Rs. 1 Lakh: EMD to be submitted through online payment at IOCL e-tender portal
along with the offer. EMD payment through Demand Draft / Bankers Cheque / Swift Transfer shall also
be accepted.

(ii) EMD amount more than Rs. 1 Lakh: EMD can be submitted through online payment at IOCL e-tender
portal along with the offer / Demand Draft / Swift Transfer or Bank Guarantee (BG). Validity of BG in
lieu of EMD shall be at least 3 months beyond bid validity. Bank Guarantee must be strictly as per IOCL
format.
In case of submission of physical EMD instrument i.e. Demand Draft / Bankers Cheque / Bank Guarantee,
scanned Copy of EMD instrument has to be uploaded in the un-priced bid and the bidder should also
ensure that the Original EMD instrument in physical form duly enclosed in a sealed envelope super-
scribed with “Offline EMD”, Bidder’s Name, Tender No., bid submission end date & time, is received at
the office of tender issuing authority as per following schedule:

a) Single bid tenders: Before due date and time of opening of bids.
b) Two bid tenders: Within 7 working days from the date of opening of technical bids.

Note:
➢ For the purpose of receipt of physical EMD instrument, the time recorded in the receipt / dispatch section
against receipt shall be considered as receipt time.
➢ Only those physical EMD instrument found matching with the copy submitted in the e- portal shall be
considered as valid.
➢ IOCL shall not be responsible for postal/courier delay, non-receipt or loss in transit.
➢ EMD shall be in equivalent US Dollar. Based on authorization by foreign bidder, their Indian associates
may be allowed to submit EMD in INR in form of only online payment at IOCL e-tender portal.
➢ In case bidder does not submit EMD as mentioned above, then the bid shall be liable for rejection.

16. EMD exemption

EMD is not required in the following cases:
(i) Single tender (Proprietary / Non-Proprietary).
(ii) Government organization & Public Sector Undertaking of the Central / State Government
(iii) JV / subsidiary companies of IOCL
(iv) Startups (recognized by DIPP)
Offers received without EMD / BSD as per tender requirement shall be liable for rejection.

Please also note that UDYAM Certificate shall not be considered as EMD exemption document in
case of works contract.

17. Release of EMD:

(i) EMD of bidders disqualified during techno-commercial bid evaluation shall be released within 30 days
of approval of price bid opening.
(ii) EMD of bidders qualified in the techno-commercial bid but unsuccessful in the price bid stage shall be
released within 30 days of issuance of order/ LoA.
(iii) EMD of the successful bidder shall be released after receipt of an acceptable SD (if applicable) or on order
acceptance, wherever SD is not applicable.
(iv) Wherever SD is not applicable, EMD of the successful bidder shall be returned after complete
execution of the order.
(v) In case bidder has been holiday listed before award of work.

18. Forfeiture of EMD:

Earnest Money if applicable shall be forfeited in the following circumstances:
(i) In case the bidder tampers the tender document, alters / modifies / withdraws the bid suo-moto after
opening the bids (Technical bids in case of two bid system) within the validity period.
(ii) In case the bidder submits false/fraudulent/fake/ forged documents.
(iii) In case the tender is accepted, and the contractor fails to deposit the ISD/SD or to execute the contract.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 18 of 60

(iv) In case of failure of the bidder to get the documents verified as per the specified time schedule. (Where
verification is done through the Original Document Verification process)
In (i) and (ii) above the tender submitted by the bidder shall be rejected. In all the above cases suitable
action may be taken which may include EMD forfeiture and / or holiday listing action as per the discretion
of IOCL. Earnest Money Deposit forfeited for all such bids shall not be by way of penalty or liquidated
damages but by way of reimbursement of the pre-estimated costs likely to be incurred by the OWNER
towards bidding process and in the scrutiny and evaluation of bids.

19. Acceptance of BG

(i) BG for value up to Rs. 2 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 of 1934.
(ii) BG for value above Rs. 2 Crore can be accepted if it is issued by an Indian Branch of:
(a) Any Nationalized/ PSU Bank appearing in the Second Schedule to the RBI Act 1934 or
(b) Any Scheduled Bank (other than a Nationalized/ PSU Bank) having at least Desired Credit Rating
at the time of acceptance of the BG:

Bank If tenure of the BG If the tenure of BG is upto

is more than 1 year 1 year
In case of foreign banks Credit rating of ‘A’ of Moody’s Credit rating of ‘P-1’ of
or equivalent. Moody’s or equivalent i.e. highest short
term rating.
In case of Indian banks Credit rating of ‘AA’ of CRISIL Credit rating of ‘A-1+’ of CRISIL or
or equivalent. equivalent i.e.
highest short term rating.

(iii) As on date, the following are the credit rating agencies approved by SEBI:
(a) CRISIL Limited (www.crisil.com).
(b) Fitch Ratings India Private Limited (www.fitchratings.com).
(c) ICRA Limited (www.icra.in).
(d) Credit Analysis & Research Ltd. (CARE) (www.careratings.com).
(e) Brickwork Ratings India Private Limited (www.brickworkratings.in).
(f) SME Rating Agency of India Ltd. (SMERA) (www.smera.in).

(iv) Apart from the above, irrespective of its amount, BG issued by any other bank including non-scheduled
banks, foreign branches of scheduled banks and foreign branches of foreign banks, can be accepted
provided such BG is counter guaranteed by any scheduled Indian bank.

(v) Merely signing or endorsing or forwarding the BG by the scheduled bank does not amount to counter
guaranteeing. A proper document executed on a non-judicial stamp paper of appropriate value with
specific reference to the BG being counter guaranteed, is essential.

Following instructions shall be followed in respect of bank/insurance guarantees:

The bank guarantee being an agreement between Bank & Beneficiary (IOCL), therefore, the same shall be
received directly from the Bank in favour of IOCL.

The stamp paper of appropriate value is required to be purchased in the name of bank issuing the guarantee,
In the Bank Guarantee, the first Party to the Bank Guarantee should be the Bank issuing the Guarantee and the
second Party should be the beneficiary i.e. IOCL

BG on e-stamp may be accepted in place of Non-judicial stamp paper.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 19 of 60

20. SFMS (Structured financial Messaging System) Facility for Bank Guarantees for EMD /ISD/SD

Bidders to 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 check the authenticity of
instrument. However, for faster confirmation of the Bank Guarantee, henceforth Bidders to ensure
that BG issuing bank will send SFMS in IFN 760COV (for any new Bank Guarantee) and IFN
767COV (for any amendment in bank guarantee) through the SFMS Platform as per the mandatory
fields given below.

Field no. Description Value

7034 Name of beneficiary and his INDIAN OIL CORPORATION
details LIMITED
7035 Beneficiary IFSC ICIC0000007
7036 Beneficiary branch name ICICI Bank, 9A, Phelps Building,
and address Connaught Place, New Delhi –
110001
7037 Sender to Receiver IOCL9070
information

(vi) In case of acceptance of BG issued or counter guaranteed by a bank mentioned above, the credit rating
of the same need to be verified as on 31st January in every calendar year by EIC with assistance from
finance. During verification if the credit rating of such bank falls below the Desired Credit Rating during
the validity period of BG, the concerned party shall either submit a fresh BG issued by other bank with
required credit rating or get the existing BG counter guaranteed, at its own cost, through a bank mentioned
(having threshold credit rating, if applicable).

21. BID SUBMISSION

21.1. Bids must be submitted (uploaded) by the time and date mentioned in the Notice Inviting Tender as
per the instructions given in the ‘Special instruction to bidder for participating in E-tendering’ as
attached with this tender.
21.2. IOCL takes no responsibility for delay, loss or non-receipt of tender documents. Telex / Telegraphic
/ Fax / E-Mail offers shall not be accepted.
21.3. Cutting and corrections in the bid document should be avoided and if it is unavoidable, it should be
kept at the bare minimum and it should be neatly cut and re-written without over-writing and use of
white fluid. All corrections should be duly signed by the tenderer. In case the tenderers resorting to
many corrections including usage of white fluid in the tender document, the tender shall be liable for
rejection.

21.4. Manner in which the offer is to be submitted:

a) In case of involvement of foreign bidders, tenders can be submitted either by the bidder directly or by
their Indian agent on their behalf, but not both. The Indian agent should represent only one bidder and
he should not be allowed to quote on behalf of another bidder if the same tender is re-floated for any
reason whatsoever. The said Indian agent shall have a valid legal Power of Attorney from the principal
foreign bidder for submission of bid on their behalf.

b) In case a foreign bidder submits any of the pre-qualification support 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.
Translation by Indian Embassy / High Commission or authorized / approved translation agencies (by
Indian Embassy / High Commission) or any other independent authority shall also be acceptable apart
from the Local Chamber of Commerce of country of origin. This clause shall also apply in case an
Indian bidder submits PQC document (full / part) in foreign language other than English.

c) Bidder is required to state whether the proprietor is a director or is related to any director of IOCL,
present or retired; or any partner or member of the firm is a director or is related to any director of
Techno-Commercial Bid document (Tender no. PDC1H24387) Page 20 of 60
 IOCL, present or retired; or any of the directors of the company is a director or is related to any director
of IOCL, present or retired.

d) bidders should submit their bids as per the format attached with the tender duly filled in and digitally
signed. Wherever required, the same shall be submitted on their letterhead. If any other communication
or terms and conditions are being attached by the bidder in the tender document, the same shall also be
on bidder’s letterhead.

e) The bidder shall upload the legible scanned copies of the qualification documents within the period of
bid submission. The price bid shall also be submitted online only. The price offered by the bidder shall
not appear anywhere in any manner in the Technical Bid.

21.5. PART-1: TECHNO-COMMERCIAL BID (UNPRICED/ TECHNICAL BID)

This part shall contain technical and commercial (Un-priced/ Technical Bid) proposal.
21.5.1. Original copy of the Earnest Money Deposit (EMD) in case of BG shall be submitted in an
envelope clearly superscribing on top of the envelope as EARNEST MONEY DEPOSIT along
with Tender No., Name of Work and Bidder.

21.5.2. Pre-qualification criteria: Annual Turn Over

i. Annual Turnover should be as per audited financial statements. The reports issued by any Auditor /
Chartered Accountant shall mandatorily bear UDIN (Unique Document Identification Number) for
such reports of FY 2019-20 onwards.

ii. If a Foreign Bidder’s Audited Financial Report is in currency other than INR, the respective/ desired
figures for calculation of Annual Turnover shall be converted into equivalent INR considering the
conversion factor indicated in Bidder’s Audited Financial Report. In case the same is not indicated,
the rate of conversion as on last date of respective financial years, for which the bidder has submitted
the financial results, shall be considered. The conversion rates shall be based on SBI TT selling rate
or RBI/ Other scheduled bank/ Customs Notified exchange rate. Tender should contain a clause that
conversion rates from the above sources are to be used uniformly for evaluation of all bidders
participating in the tender.

iii. In case of tenders having original bid closing date up to 6 months from the current financial year,
and, in case audited financial results of the immediate three preceding financial years are not
available, the bidder has an option to submit the audited financial results of the three years
immediately prior to preceding financial year. Wherever the closing date of the bid is after 6 months
from the current financial year, bidder has to compulsorily submit the audited financial results for
the immediate three preceding financial years. The immediately preceding financial year shall be
considered, accordingly. The audited financial results shall be certified by an auditor on or before
the date of bid submission.

iv. For the bidders whose financial year is calendar year, the audited financial results shall be
considered on calendar year basis in lieu of financial year.

v. If a Bidder is not required to get its accounts audited under Section 44AB of The Income Tax Act,
1961, certificate from a Practicing Chartered Accountant towards the turnover of the Bidder along
with copy of its Income Tax Return should be obtained.

vi. The requirement for submission of audited financial statements is sometimes not accepted by some
foreign bidders due to their internal/ local regulation (particularly in case such bidders are
subsidiaries of other foreign company). Instead, they prefer to submit CEO’s/ CFO’s (Howsoever
designated) certificate (the parent company for itself or for its subsidiary) for their turnover or the
financial statements. In such cases, CEO’s/ CFO’s (Howsoever designated) certificate in original,
from the company or from the parent company (in case bidder is a subsidiary) stating the turnover
of the bidding entity along with a declaration that the bidding company is not in a position to submit
its financial statement as per the local/ internal regulation (clearly specifying the applicable
regulation) with an endorsement by Chartered Accountant/ Statutory Auditor/ Certified Public

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 21 of 60

 Accountant (not being an employee or a Director or not having any interest in the bidder(s)
company/ firm) may be accepted. Wherever Chartered Accountant/ Statutory Auditor/ Certified
Public Accountant (not being an employee or a Director or not having any interest in the bidder(s)
company/ firm) is not in a position to endorse such CEO’s/ CFO’s certificate due to local
regulations, CEO’s/ CFO’s certificate in original without endorsement may be accepted provided a
reference of the local regulation restricting this endorsement is given in the CEO’s/ CFO’s
certificate.

21.5.3. Acceptance of PQC documents of related / unrelated parties shall be as follows:

SN Scenario Financial criteria Techno-commercial Offer To be

experience criteria considered
1 A New Entity formed as a New Entity can use previous New Entity can use previous Yes
result of merger of two financial experience of any of the
entities and the earlier credentials of any of the merged merged companies till 5
entity cease to exist companies till 5 years from the years from the date of such
date of such merger or of its own. merger or of its own.

2 (i) An entity (A) takes over (i) Bidder can use previous (i) Bidder can use previous Yes
another entity financial credentials of company experience of company
(B) and B ceases to exists. taken over by bidder or of its taken over by bidder.
own.

(ii) An entity (A) takes (ii) Bidder cannot use previous (ii) Bidder can use previous
over another entity (B) financial experience of the business
partially and the said part credentials of specific business vertical which has been
of entity (B) vertical vertical of company taken over taken over by bidder (not
specific business vertical by bidder. entire experience of entity
of B ceases to exist. B).

3 Parent company (bidder) Financial credentials of the Parent company can use the No
bidding entity. credentials of its subsidiary.
using the credentials of its
subsidiary. Additional surety may be
taken from parent and
subsidiary for joint and
several
responsibilities.
4 Indian subsidiary (bidder) Financial credentials of only the Technical Credentials of the No
using the credentials of its bidding entity shall be used. Foreign Principals can be
Foreign Principals/ used.
Foreign Parent Company However, the foreign
principal shall be required to
furnish a legally
enforceable undertaking that
they shall be jointly and
severally liable, along with
the bidder, for the

successful execution of the

order, if awarded.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 22 of 60

 5 Demerger of an entity B from Demerged entity can use the Yes
Demerged entity can use the
another entity A by virtue of credentials of original/ parent
Corporate re- entity (based on the merit and credentials of original/
structuring exercise parent entity to the extent of
circumstances of the cases like type
of procurement, nature of de- demerger scheme as
merger, number of eligible bidders approved by the competent
available etc) to satisfy the authority and subject to
eligibility criteria in the tender for
verification (based on the
5 years from the date of
incorporation of the new entity. merit and circumstances of
the cases like type of
procurement, nature of de-
merger, number of eligible
bidders available etc) to
satisfy the eligibility criteria
in the tender for 5 years from
the date of incorporation of
the new entity. (However,
same experience cannot be
used by the original entity).
6. If Joint Venture To be considered as sole bidder. To be considered as sole No
company is the bidder bidder

7. A new entity formed The new entity can use the The new entity can use the Yes
has taken over all the financial credentials of the experience of the erstwhile
assets and liabilities of erstwhile proprietorship proprietorship concern/
the proprietorship concern concern/partnership firm. partnership firm.
or
partnership firm
wherein one or more of the
Directors of the new entity
were the proprietor or
partners and the
erstwhile
proprietorship concern/
partnership firm has
ceased doing business after
taking over of the business
by the new entity.

21.5.4. Other documents required as per tender

i. 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:

In case of Proprietary Concern

a) If the bid is submitted by the proprietor, no POA required. However, he will upload undertaking
certifying that he is sole proprietor.
b) 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
a) Certified copy of Board Resolution authorizing the person submitting the bid on behalf of the
company
OR
b) POA and the supporting Board Resolution authorizing the person submitting the bid on behalf of
the company.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 23 of 60

 In case of Partnership Firm/ LLP
a) POA along with Deed of Partnership / LLP Agreement.

In case of Co-Operative Society

a) Copy of resolution passed as per Society Rules

21.5.5. Notes:
i. 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. IOCL may, however, recognize such Power of Attorney and changes after obtaining
proper legal advice, the cost of which will be borne by the Bidder.

ii. The cancellation of any document such as Power of Attorney, Partnership Deed etc. should be
communicated by the Bidder to the IOCL, failing which IOCL shall have no responsibility or
liability for any action taken by IOCL on the strength of the said documents.

iii. Should the Bidder have a relative or relatives in IOCL or one or more of its shareholders are a
relative or relatives of the shareholder(s) employed in a superior capacity in IOCL, the relevant
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.

21.6. PART-II: PRICE BID

a . This part i.e. PRICE BID shall be submitted in a separate packet.
b. The tenderer 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 of the conditions
prevailing at site.
c. 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 quoted and accepted.
d. The owner reserves the right to extrapolate/interpolate the rates for such items of work falling
between similar items of lower and higher magnitude.
e. The works, item wise shall be measured upon completion and paid for at the rates quoted and
accepted.
f. All the items of work mentioned in the “Schedule of Rates (SOR)” 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, materials, tools and tackles, plants, testing, if any, with
contractor’s testing appliances etc. required to complete the job.
g. The tenderer is advised to quote their price on the PRICE –BID (BOQ) of the tender as per the
quotation guidelines provided above. Price quotation by the tenderer elsewhere in the tender
document shall be ignored. This condition supersedes all other related conditions elsewhere in
the tender document, to the extent of repugnance or variance and if any.
h. Bidder shall fill their quoted rate and amount in the space provided in the Bill of Quantity (BOQ)
and upload it as per the instructions given in the ‘Special instruction to bidder for participating in
E-tendering’.
i. The tenderer shall quote in BOQ, a flat rate (at par, % excess or less) against the total estimate
amount and this rate shall be applicable for each and every item of the Schedule of Rates OR shall
quote as per condition of BOQ.
j. Bidders are required to confirm GST category. Accordingly, the rate of GST shall be applicable
to the job under tendering on the total quoted price. The same shall be used for evaluation of bids
i.e. to decide the lowest bidder.
k. The price bids of only those bidders shall be considered for opening and evaluation whose bids
are determined to be technically and commercially acceptable to IOCL. Evaluation of price bid
shall be taken up to determine the competitive prices of the techno-commercially acceptable bids.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 24 of 60

 l. Prices may be loaded for the retained terms and conditions, which are quantifiable and acceptable
to IOCL.
m. IOCL reserves their rights to give purchase preference to Public Sector Undertaking under
Government of India as admissible under the existing Government Policy.
n. IOCL reserves their right to negotiate the quoted price.
o. For Gem Tenders, quoted price shall be inclusive of GST.

NOTE: Bidders are advised not to use Information Rights Management (IRM) feature on BoQ and
any other excel file submitted during bidding process. IOCL shall not be responsible for any
consequential result due to same.”

21.7. COST OF BIDDING

The bidder shall bear all costs associated with the preparation or submission of its Bid, participating
in discussions etc. including costs and expenses related with visits to the site(s) and Owner’s offices. IOCL
will in no case be responsible or liable for those costs and expenses regardless of the outcome of the bidding
process.

21.8. Offer Validity

Offer/ Bid shall remain valid for acceptance for a period of 04 (four) months from the date of opening of
Part-I (Techno-Commercial Part) of the bid. The bidder shall not be entitled to modify, vary, revoke or
cancel his bid during the said period. In case of bidder modifying, varying, revoking or canceling his bid, the
Earnest Money paid by them shall be liable to be forfeited. The validity of the bid shall be extended as and
when required for the period as requested by IOCL in writing and agreed by the Bidder.

On account of exigencies, if bidders are advised to extend their validity, the same should be without any
deviation and without any change in the prices. However, the bidders would be allowed to withdraw the bid
in case they do not wish to extend the validity. But, if a bidder deviates or changes price, its offer shall be
rejected.

22. Addendum/ Clarifications

i. IOCL may issue clarifications / amendments in the form of addendum / corrigendum during the bidding
period and may also issue amendments subsequent to receiving the bids.
ii. For the addendum / corrigendum issued during the bidding period, bidders shall confirm the inclusion
of addendum / corrigendum in their bid. For clarifications issued by IOCL subsequent to receiving
the bids, the Bidder shall confirm receipt and for any impact on the quoted prices, the Bidder shall
follow the instructions issued along with addendum / corrigendum. Bidders shall examine the Bidding
documents thoroughly and submit to IOCL any apparent conflict, discrepancy or error. 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 services in accordance with the agreement,
if subsequently awarded the contract.
iii. Extension for last date of submission of tender document shall be through corrigendum in the e-tender
portal/GeM portal.

23. Reverse Auction (if applicable):

On IOCL E-tendering Portal

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

Qualifying Criteria for Reverse Auction:

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.
3. In case of more than one H1 bidders (H1 tie), latest bid received (bidder whose bid is received at the

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 25 of 60

 last) out of all H1 bidders will be rejected as per provisions mentioned above.
4. In case of multi-lot auction, itemwise H1 bidder will be disqualified as per the provision mentioned
above.
5. An intimation by mail/SMS shall be provided to the eligible bidders for Reverse Auction.
6. 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 of BOQ / 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.
7. 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.
8. The lowest quote after end of Reverse Auction shall be considered for further processing.
9. 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.
10. IOCL reserves the right to conduct price negotiation with evaluated L1 bidder based on outcome of RA.

On GEM Portal:
Reverse auction shall be conducted as per GeM Terms & Conditions

24. Bidder’s right to question rejection

A tenderer shall have the right to be heard in case he feels that a proper procurement process is not being
followed and/ or his tender has been rejected wrongly. The tenderer is permitted to send his representation
in writing to tender inviting authority mentioned in NIT. Such representation has to be sent to tender inviting
authority within 24 / 48 hrs. (or the allowed time in the portal) of freezing of evaluation on e-portal. Only a
directly affected bidder can represent in this regard.

25. Guidelines for verification of documents

Submission of authentic documents is the sole responsibility of the bidder. However, IOCL reserves the right
to verify the PQC documents submitted by the bidder(s). For the purpose of verification, bidders shall submit
complete client details with names, address, phone numbers and e-mail id with the understanding that IOCL
may contact the bidder’s client to verify the PQC documents. Wherever required, bidders may have to submit
notarized / verified copy of PQC documents. Non submission of these documents, if asked for, will lead to
rejection of offer. Should IOCL decide to place order pending verification of PQC documents, payment shall
be made only after completion of order. If at any stage, the PQC documents are found to be forged / false /
fake, suitable penal action shall be taken, which may include offer rejection, EMD forfeiture, termination of
order (wherever applicable) and holiday listing of the bidder / vendor.

26. Tie between two bidders

Evaluation criteria in case of tie i.e. identical rates quoted by more than one party:
a) In case of tie between two or more bidders at L-1 position, all the L-1 bidders shall be asked to submit
discount bid in terms of percentage discount over previous quoted amount in a sealed envelope. The
bidders while seeking revised bids, shall be advised to witness the opening of sealed envelopes.
b) In case there is a tie again, the bidder with the highest turnover in any of the last three years as submitted
against turnover criteria shall be considered as L1 bidder.
c) In an exceptional case where turnover is also same OR in case of start-ups bidders, the bid submitted
earlier in the portal in terms of both date and time shall be considered for award of job.
d) Receipt of sealed envelope from bidders, both by hand and through post shall be acceptable.
e) In absence of response (non receipt of revised bid/ implication or request for extension), the bid may be
treated as one with nil additional discount.

27. Backing out by L-1 bidder

27.1. In case lowest qualified bidder increases the price even though still remains the lowest or backs out before
the work order is placed, there shall be re-tendering in a transparent and fair manner. EMD of the lowest
party, who has backed out, shall be forfeited and proceedings for holiday listing of the party shall be
initiated.

27.2. However, in cases where work is intended to be awarded to more than one bidder on L-1 price, if the L1
rates have been established and are matched by other eligible bidders and L-1 bidder backs out before

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 26 of 60

 placement of work order, then retendering is not necessary. In such cases, the bidders who had matched the
L1 rate shall be considered for award of work. EMD of the lowest bidder, who has backed out, shall be
forfeited and proceedings for holiday listing of the party shall be initiated.

27.3. In case of DGR tenders, tenders are to be awarded on seniority basis with minimum wage and service
charge as per DGR guidelines. After opening of price and before placement of work order, if the senior
most DGR agency withdraws their bid, work to be awarded to next senior most DGR agency under
intimation to DGR.

28. Price matching for preferential bidder

In case of applicability of purchase preference to preferential bidders as per applicable preference policy,
the same will be offered as per the original position of the bidders after price bid opening or reverse auction
as the case may be. In case of negotiation, it shall be first held with the L-1 bidder and then chance to
preferential bidder for matching the final price shall be offered.

29. submission of fake/forged documents by L1 bidder

In case the successful bidder is found to have submitted forged / false credentials, such bidder shall not be
considered for award of work and next lowest may be considered as L-1. Negotiations, if required, may be
carried out. Suitable action shall be taken against such defaulting bidders including forfeiture of EMD and
holiday listing action.

30. Treatment of Holiday listed L-1 Bidder

If after opening of price bids, it has come to the notice that the L-1 bidder has already been put on holiday
list due to any reason whatsoever at any location within IOCL, the party will not be considered for issue of
order. In such situations, next lowest shall be considered as L-1.

31. Suo moto reduction in prices

If any bidder (other than L-1) offers suo- moto reduction in the prices after opening the price bid, his bid
shall be rejected outrightly. However, if there is a suo-moto reduction by the L-1 bidder who was adjudged
on the basis of comparative statement as per price bids before such reduction, the benefit of suo-moto
reduction may be availed of at the time of placement of order on the lowest bidder.

Stage Price Increase Price Decrease

After opening of Not acceptable. Bid shall be liable for Tender evaluation shall be done
un-priced bid rejection. Action regarding holiday without considering suo moto price
listing may be taken. EMD shall be decrease.
forfeited. Ordering shall be done considering
suo moto price decrease.

32. Right of Owner to accept or reject tenders

i. Tender process can be abandoned without assigning any reason thereof. No compensation shall be paid
for the efforts made by the bidder.

ii. IOCL has the right to reject any or all of the tenders or any part of a tender so received, and no
compensation shall be paid for the efforts made by the bidder. Reasons for rejection shall be disclosed on
written representation by the concerned bidder whose bid is rejected.

iii. no bidder shall contact the OWNER on any matter relating to its bid from the time of the bid opening up
to the time that the contract is awarded. Any effort by a Bidder or Bidder’s agent, consultant or
representative, howsoever described to influence the OWNER in any way concerning scrutiny,
consideration, evaluation or computation of the Bid(s) or decision concerning award of contract shall
entail rejection of Bid.

iv. Although, ordinarily the lowest responsive bid amongst the bids submitted by bidders and considered by
the OWNER as 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 interest of the works.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 27 of 60

 v. Bidders shall submit declaration on proceedings under Insolvency and Bankruptcy Code, 2016. Offer will
not be considered of bidder(s) in the following cases:

a. If insolvency resolution process has commenced (viz. application has been admitted by Adjudicating
Authority and moratorium has been imposed and IRP has been appointed) or liquidation or bankruptcy
proceedings have commenced in respect of bidder in terms of Insolvency and Bankruptcy Code, 2016
or any other applicable law (in cases where code is not applicable) at any stage of evaluation of bid.

b. 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, the bid of the next higher eligible bidder will be considered
for further processing. EMD of such bidder shall be returned.

c. Wherever no deviations are desired from specific terms and conditions, it should be clearly mentioned
in the tender documents that the bidder’s offer shall be rejected, if they take deviations.

vi. Tender is invalid and shall be rejected in the following circumstances:

a. Does not fulfill minimum qualification criteria prescribed in the tender documents.
b. In case the bidder misrepresents facts or submits, forged, false or fabricated document.
c. Bidder is holiday listed as per prevailing holiday listing guidelines.
d. Bidder is banned for participation in tenders for a specific period as per CPE guidelines wherever
applicable.
e. If insolvency resolution process has commenced (viz. application has been admitted by
Adjudicating Authority and moratorium has been imposed and IRP has been appointed) or
liquidation or bankruptcy proceedings have commenced in respect of bidder in terms of Insolvency
and Bankruptcy Code, 2016 or any other applicable law (in cases where code is not applicable) at
any stage of evaluation of bid.

vii. Tender is also liable for rejection if the bidder:

a. If the Earnest Money Deposit/ Bid Security Declaration is not deposited or exemption document
(if applicable) is not uploaded before closing date and time of tender
b. Stipulates the validity period of the bids lesser to what is stated in the tender document.
c. Quotes the rates or prices in documents other than price bid documents (for two-bid tenders).
d. Stipulates his own conditions and refuse to withdraw them.
e. Does not disclose the full names and addresses of all his partners in the case of a partnership
concern.
f. Does not fill in and sign the tender acceptance formats as specified in the tender.
g. Does not have his PF Code/ number from the Regional Provident Fund Commissioner (In very
small tenders, where estimated value is less than Rs. 5 Lakh, PF may not be needed). 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.
h. If the bids are partly quoted
i. If the bids contain unacceptable terms and conditions.
j. Any discrepancy done with the BOQ uploaded on the e-tender portal.
k. If in any of the previous tenders, it was found that the bidder is Non- compliant to taxation laws
and statutes
l. Offer from following types of bidder will not be accepted

• Who are under liquidation, court receivership or similar proceedings.

• 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 eligible bidder
will be considered for further processing.

• Consultant or their subsidiary company or companies under the management of consultant for

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 28 of 60

 execution of the same project for which they are working as consultant.
• Foreign bidders participating in domestic /national tender.

• Offer from joint bidders / consortium, unless specifically permitted in the tender for such bidding.

33. Award of Work

The technically & commercially acceptable successful bidder shall be issued Letter/Notice of Award
(LOA/NOA) prior to expiry of Tender Validity.

Owner shall not be obliged to furnish any information/clarification/explanation to the unsuccessful tenderers
as regards non-acceptance of their tenders, except for refund of EMD to unsuccessful tenderers.

The option to award the contract on total basis or on split-basis will be at the discretion of IOCL.

34. Sub-contracting
The contractor shall not subcontract whole of the works on back-to-back basis. The contract may provide for
the contractor to get specified works executed from subcontractors included in the pre-qualification
application or later agreed to by IOCL, with a caveat that the responsibility for all sub-contracted work rests
with the prime contractor. Sub-contracting will generally be for specialized items of work as specified in the
tender along with other works, such as reinforced earth retaining walls, pre-stressing works, and so on.
However, the contractor shall be required to obtain consent from EIC for purchases of Materials and Services
which are in accordance with the Approved vendor list/Approved makes specified in the Contract or for
provisions of labour or for the subcontracts for which the Subcontractors are named in theContract.
Procurement of material, hire of equipment or engagement of labour will not mean sub-contracting.
Execution of the Works (or any part thereof) by petty contractors or on piece work basis under the supervision
of the Contractor (or its representative) shall not be deemed to be Subcontracting under the Contract. Sub-
contracting by the contractor without the approval of Engineer-In-Charge (EIC) shall be a breach of contract.
Completion Certificate shall be issued by the EIC to the approved subcontractor only when the contractor’s
work is complete.

35. Integrity Pact Program (IP)

All the prospective bidders willing to participate in the tenders above Rs. 10 Crore shall have to necessarily
sign the IP Agreement in order to be eligible to participate in the tender. The guidelines relating to IP are
hosted on https://iocl.com/

36. eVIDIT Portal for vendors has been hosted on WEB and can be accessed through
https://apps.indianoil.in/vim Vendor can access the site from anywhere and can submit the invoice
and check the status of the submitted invoices online through the eVIDIT Portal.

37. TReDS (Trade Receivables Discounting System)

Government of India has implemented the Trade Receivables Discounting System (TReDS). TReDS is an
institutional mechanism set up in order to facilitate the financing of trade receivables of MSMEs from
corporate buyers through invoice financing by multiple financiers. IOCL is already registered on the
following TReDS Platforms:
1. Receivables Exchange of India Ltd (RXIL)
Website: https://www.rxil.in/
Address: Receivables Exchange of India Limited, 701-702,7th Floor, Supremus, E Wing, I-Think Techno
Campus, Kanjurmarg East, Mumbai 400042.

2. M1xchange
Website: https://www.m1xchange.com/
Address: Unit No. A/04-01 to A/04-6D and A/04-07, 4th Floor Tower A, Reach Commercia, Sector 68,
Gurugram -122101, Haryana
MSME bidders are requested to register on the TReDS platform.

38. Vendor Grievance Redressal Portal

Vendors and Contractors (hereinafter referred to as “Vendors”) are requested to lodge their grievances related
to our tenders or Purchase Orders / Work Orders on our Vendor Grievance Redressal Portal. The portal can
be accessed through URL https://www.ioclvg.in the website is compatible with IE Explore 9 (and above),
Chrome, Mozilla, Edge, Safari. The Portal also provides links to IOCL Corporate Website, Bill Tracking

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 29 of 60

 System, IOCL e-tenders portal, CPPP and Vendor Chatbot.

The specific objectives of establishing the portal are:

a) To provide clear and transparent framework to deal with grievances raised by Vendors in relation to
tendering activities or procurement of goods and services.
b) To provide reasonable opportunity to the affected Vendor to express grievances and have them redressed
in a fair, equitable and prompt manner.

In order to lodge a grievance, following actions have to be performed by the Vendor:

1. Vendor has to register on Grievance Portal using their Mobile Number.
a) Mobile Number will be verified by unique OTP.
b) Vendor will have to provide Company Name / Email / IOCL SAP Vendor Code – wherever available /
Login Password etc during the registration process.

2. After successful registration, Vendor can login with his / her registered mobile number and OTP / Login
Password.
3. After logging in, Vendor can lodge Grievance thru “Lodge Grievances tab”.
4. The Vendor will have to select the specific IOCL Location pertaining to the grievance. After this the
Vendor will have to select “Materials” or “Contracts” as the case may be.

The Vendor will receive an email, on successful registration of grievance, along with Grievance Registration
Number with the maximum date for redressal of the grievance. In case the Vendor is not satisfied with the
response to the grievance (s)he will have an option to raise a second grievance.

If the Vendor is satisfied with the response, s(he) will close the same in the portal, else the system will
automatically close the grievance within a defined time frame. In case the vendor is not satisfied with the reply,
they will have one more option to raise a 2nd level grievance.

39. Interest Prohibition

The below clause is over and above the related clauses mentioned elsewhere in the tender documents:

Arbitration: Parties agree that the Contractor shall not be entitled for any pre- reference and pendente-
lite interest, i.e., date of cause of action till date of Award by Arbitral Tribunal. Parties agree that
Contractor's claim for any such interest shall not be considered and shall be void. The Arbitrator or
Tribunal shall have no right to award pre-reference or pendent-lite interest in the matter to the
Contractor. Where the arbitral award is for the payment of money, no interest shall be payable by Owner
on whole or any part of the money for any period till the date on which the award is made.

Suit: Parties agree that the Contractor shall not be entitled for any pre-filing interest, i.e., date of cause
of action till date of filling of civil suit. Parties agree that Contractor's claim for any such interest shall
not be considered and shall be void. The Civil Court/Commercial Court shall have no right to award
pre-filing interest in the matter to the Contractor. Where the civil decree is for the payment of money,
no interest shall be payable by Owner on whole or any part of the money for any period till the date on
which the suit is filed.

40. Security Deposit for Consultancy & Other Services:

a. In conjunction with clause no 2.1.0.0 related to Security Deposit (SD) in General Condition of
Contract (GCC), the Security deposit for Consultancy & Other Services shall be 5% of the
Contract value. The ISD (Initial Security Deposit) rate shall be as per GCC.

b. For works contract, the ISD (Initial Security Deposit) and SD (Security Deposit) shall be as
per GCC.

Initial Security Deposit (ISD)

The contractor shall submit within specified time as per award intimation, deposit ISD for an amount equal
to 2.5% of the total contract value, in one or more of the following modes:
(i) By online mode (IMPS/ NEFT/ RTGS).
(ii) By Bank Guarantee(s) in the prescribed form not less than Rs. 1 Lakh. This Bank Guarantee shall be
valid up to a period of 3 (three) months beyond the end of the defect liability period.

For small value tenders with landed estimated value up to Rs. 1 Lakh, security deposit is not required to be
furnished by the contractor. Accordingly, ISD shall also not be applicable.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 30 of 60

41. Tools & Tackles for use by Contractor in Refinery (Applicable for tenders floated till 02.11.2025)

In order to ensure quality maintenance and protect physical safety of manpower and plant, contractor
(execution agency) is required to have standard tools & tackles during maintenance activities in Refinery.
A list of such tools & tackles along with their make are provided in the table below which the execution
agencies are required to adhered to during the maintenance across Refineries. It is to be noted that for
carrying out maintenance across Refineries, the following make of tools & tackles shouldn’t be hindrance
in any maintenance activity (say, due to non-availability of the same make with the agency) and for any
addition or deletion of the make, if required, the same is to be endorsed by respective GM of the individual
department before execution.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 31 of 60

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 32 of 60
42. Declaration to be obtained from the Contractor at the time of settlement of final bill.
(To be executed on stamp paper of Rs. 50/-):

No Claim Declaration

Details of the Contract / work order

Name of the Contract / work:

Name of the Contractor:
LOA/NOA No. : ________ Dated: _________
Work Order No.: ___________ Dated: ___________
Date of Completion:

I /We _____________ hereby declare that, I/We have received the sum of Rs. ____________ (Rupees
___________________________________________only) as full and final settlement of all the payments due
and payable to us for the above mentioned work of ________________ ___________________at (Location of
the work), executed by us from (Date of Commencement) to (Date of Completion), under the contract between
________________ and Indian Oil Corporation Limited.
We hereby unconditionally and without any reservation certify that, with this payment, we shall have no claim of
any description, on any account whatsoever from Indian Oil Corporation Limited, against aforesaid job/work
executed by us.
We further declare unequivocally that with this payment we have received all the amounts due and payable to us
from Indian Oil Corporation Limited and we have no dispute or claim of any description whatsoever regarding
the amounts worked out as payable to us and received by us.
We hereby declare that we shall not raise any notice, claim or dispute in any legal forum or otherwise with respect
to the above said contract and the payment made/received thereof.

(Authorized Signatory)
Date:

Place:
Techno-Commercial Bid document (Tender no. PDC1H24387) Page 33 of 60
43. Hindrance register shall be maintained by EIC on daily basis, duly acknowledged by contractor.

44. GUIDELINES FOR HOLIDAY LISTING/ DE-LISTING OF VENDORS/ CONTRACTORS FOR

PURCHASE/ WORKS

Party (“Party” means Bidder/ Licensor/ Tenderer/ Consultant/ Vendor/ Contractor/ Sub- Vendor/ Sub-
contractor/ Sub- consultant) may be put on holiday list on account of any one or more of the following
reasons:
If a party

a) Has indulged in malpractices such as bribery, corruption, fraud and pilferage, bid rigging/ price rigging,
injury to reputation or property of the corporation, acting dishonestly causing wrongful financial loss to the
corporation or wrongful gain to the party.
b) Is bankrupt or insolvent or is being dissolved or has resolved to be wound up or proceedings for
bankruptcy or liquidation or insolvency resolution process or winding up or dissolution have been initiated.
c) Has submitted fake, false or forged documents/ certificates.
d) Has substituted materials in lieu of materials supplied by IOCL or has not returned or has short returned
or has unauthorizedly disposed off materials/ documents/ drawings/ tools or plants or equipment supplied by
IOCL.
e) Has obtained official company information or copies of documents, in relation to the tender/ contract, by
questionable methods/ means.
f) Has violated and circumvented the provisions of laws including labour laws/ regulations/ rules, safety,
environment norms or other statutory requirements.
g) Has indulged in construction and erection of defective works or supply of defective materials.
h) Has not cleared IOCL’s dues.
i) Has committed Breach of Contract or has failed to perform a contract or has abandoned the contract.
j) Has not accepted Notice of Acceptance/ Letter of Acceptance/ Purchase Order/ Work Order after the
same is issued by IOCL within the validity period and/or as per agreed terms & conditions.
k) After opening of Price Bid, the techno-commercially qualified and acceptable bidder withdraws/ revises
his bid upwards within the validity period.
l) Has parted with, leaked or provided confidential/ proprietary information of IOCL to any third party
without prior consent of IOCL.
m) If the security consideration, including questions of loyalty of the party to the State so warrants.
n) If the Director/ Owner of the party, proprietor or partner of the party is convicted by a Court of Law
under process of Law for offences involving moral turpitude in relation to its business dealing during the
last five years.
o) If the party uses intimidation/ threatening/ coercion or brings undue pressure on IOCL or its official(s)
in acceptance/ performances of the job under the contract.
p) Poor/unsatisfactory performance of the party in one or several contracts.
q) Transgression of Integrity Pact for which in the opinion of IOCL makes it undesirable to deal with the
party.
r) Based on the findings of the investigation report of any investigative agency, Government Audit, any
law enforcement agency or government regulator.
s) IF CBI, or any other investigating agency(ies) recommends such a course along with credible evidence
in respect of a case under investigation and if a prima-facie case is made out that the party is guilty of
criminal negligence or an offence involving moral turpitude in relation to business dealings which if
established may result in business dealing with it being banned
t) Any other ground which in the opinion of the corporation makes it undesirable to deal with the party.
Note: The grounds/ reasons for holiday listing indicated as above are merely illustrative

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 34 of 60

 45. Bidders who are participating in tendering for the 1st time at IOCL are requested to submit their bank details
on their letter head along with a cancelled cheque and copy of PAN card in the following format:
The bidder is requested to submit the hard copy in original to the below mentioned address:
To,
Deputy General Manager (Contracts),
Indian Oil Corporation Limited,
Paradip Refinery Project, PO- Jhimani, Via-Kujang,
District-Jagatsinghpur Odisha-754141.
Tel No- +91 6722-255371/
(On the Letter head of the Vendor/Contractor/Supplier)
Date: _____________
To,
Indian Oil Corporation Ltd
(Refineries Division)
Scope Complex, Core-2, Lodhi Road
New Delhi-110003

Dear Sir,
With reference to the P.O/W.O./Contract Ref No. Dated awarded to us by IOCL, we hereby
give our consent to accept the related payment so four claims/ bills on IOCL through
Cheques or Internet based online E-payments system at the sole discretion of IOCL. Our
Bank account details for the said purpose is as under:

S. No Particulars Details
1. Name and address of the Beneficiary.
2. Account Number of Beneficiary
3. Account Classification (CA/CC – 11 or 29) & SB –
10 as per Cheque leaf
4. Name & Address of the Bank Branch (where
payments are to be sent by IOC)
5. Branch Name/Code
6. The 09 Digit MICR code of the Branch (as appearing
on the MICR cheque)
7. IFSC Code of the Bank Branch for RTGS mode
8. IFSC Code of the Bank Branch for NEFT mode
9. e-mail ID of Beneficiary
10. Any other Particulars (to be advised by Beneficiary
for the E payments purposes)
11. Vendor code (to be filled by IOC’s Deptt only)
12. Permanent Account Number (PAN)
13. Mobile number (For SMS alerts)

• A blank copy of a cancelled cheque / photocopy of a cancelled cheque relating to the above
account number for verifying the accuracy of the bank account details is enclosed.
• A copy of PAN card duly attested by authorized signatory for verifying the accuracy of the
PAN is enclosed.
I / We hereby declare that the particulars given above are correct and complete.
Date:
Place: Signature of Account Holder with company Stamp
(if a company)

Encl: One cheque / photocopy of cheque duly cancelled & copy of PAN card.
*** We hereby confirm that the above bank account details of beneficiary are correct in all
respects and the account of Beneficiary (IOCL Vendor) is maintained at our bank branch.

(Name of the Bank & Branch with Seal and Signature)

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 35 of 60

46. Declarations for CEPA (Comprehensive Economic Partnership Agreement)

Sl. No. CEPA/FTA benefits Bidder’s Response

1 In case the bidder quotes any component based on exemption under the prevailing Indian Customs
Laws [including any benefit available under any trade agreement which India has with any other
nation or block of nations viz. Comprehensive Economic Partnership Agreement (CEPA), Free
Trade Agreements (FTA) etc.] as on the last date of bid submission, the bidder shall be required to
submit all the required documentary proof for the same at the time of dispatch of goods and in any
case not later than the date on which Bill of Entry is required to be filed in India enabling Indian Oil,
as importer, to avail the duty benefit.

Necessary benefits shall be passed on to the bidder during price evaluation process.

For the successful bidder:

Following documents will be submitted at the time of dispatch of goods and in any case not later
than the date on which Bill of Entry is required to be filed in India for IndianOil to avail benefits
under the scheme:

i. Certificate of Origin (original)

ii. Form-I
iii. Declaration on vendor’s letter head in the given format

In the event of non-submission of the requisite documents, the additional outflow suffered by Indian
Oil on account of such taxes and duties (including interest, if any) shall be recovered from the
successful bidder. It shall be obligatory on the part of the bidder to acquaint itself with the provisions
of Indian Customs Act, 1962 and other related regulations under which said exemption is quoted by
the bidder.
1.a. Kindly confirm whether any components of
your quoted items are eligible for
exemption under the prevailing Indian
Customs Laws [including any benefit
available under any trade agreement which
India has with any other nation or block of
nations viz. Comprehensive Economic
Partnership Agreement (CEPA), Free Trade
Agreements (FTA) etc.] as on the date of
Bid.

1.b. If yes, kindly mention the Chapter or

Heading or subheading or tariff of such
items

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 36 of 60

 Declaration

I/We declare the following details related to Preferential rate of duty under a trade agreement for the goods
against Invoice No. ----------- DATED ----- at Sl. No. ----

[Please refer to Rule 3(1) of the Customs (Administration of Rules of Origin under Trade Agreements) Rules,
2020]

Sr.
Particulars Details
NO.
i) Treaty/Free Trade Agreement
Certificate of Origin reference number along with date of
ii) issuance (Produce certificate of origin covering each item
on which preferential rate of duty is claimed)
Originating criteria [either (a) Wholly Obtained or (b) not
iii)
Wholly Obtained]
If not Wholly Obtained state whether General Rule is
iv)
applicable or Products Specific Rule (PSR)
v) Specify the Products Specific Rule (PSR), if applicable
vi) Indicate if accumulation/cumulation is applied (Yes/No)
Indicate if the certificate of origin is issued by a third
vii)
country (Back to Back) -Yes/No
If Yes, then country of Issuing Authority (Which will be
viii)
different from Country of Origin)
Transport of Goods: (Directly from country of
ix)
origin/through another country)
x) Mfg. name and address
xi) Certificate issuing country
xii) Transit country

I/We declare that these goods qualify as originating goods for preferential rate of duty under the Customs
(Administration of Rules of Origin under Trade Agreements) Rules, 2020 notified vide Customs Notification
No. 81/2020 - Customs (N.T.) dated 21.08.2020.

Authorised Signatory

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 37 of 60

 Form I
(Please refer to Rule 4)

Section II
(To be filled after filing of Bill of
Entry)

(a) Name of the importer: M S INDIAN OIL CORPORATION LIMITED

(b) Bill of Entry (B/E) No. and Date:
(c) Customs Station where B/E was filed:

(d) Goods on which preferential rate of duty has been claimed:

Sl. Description Classification
No.
1
Section III
(This information should be
possessed before import of
goods)
Part A:
1. Briefly describe the production process undertaken in country of origin with respect to production of the
imported good. Also, state which of the originating criteria prescribed in the Rules of Origin has been
claimed. For example, WO, RVC + CTH/CTSH or CTH or CC or RVC, etc. [WO: Wholly Obtained; RVC:
Regional Value Content; CTH: Change in Tariff Head; CTSH: Change in Tariff Sub-Head; CC: Change
in Chapter]
Note 1: Where the good is claimed to be “Wholly Obtained”, mention the process through which it
is claimed to fall under this category. Each trade agreement lists out such processes under a specific
rule and may vary from agreement to agreement.
Examples:
- goods obtained by hunting or trapping within the land territory, or fishing or aquaculture conducted
within the internal waters or within the territorial sea of the Party;
- goods produced on board factory ships from the goods referred to in preceeding paragraph, provided that
such factory ships are registered or recorded with a Party and fly its flag.

Note 2: If the goods are not wholly obtained, the manufacturing/processing undertaken in country of origin
must be ascertained.
Description of Production Originating
goods process criterion
1

Part B:
(To be filled if originating criteria is NOT wholly obtained, for each of such good under import, on
separate sheets)
1. State the following information for each originating material or component used in production of good
subject to this request. If no originating material/components were used, same should be indicated as
“None”.
Description of good under import and its classification
(8 digit):
In case procured from
third party, did
Whether
Whether procured by producer of final good
Description of the originating manufactured
Producer locally from a seek conformation and
Materials or Component by producer of
third party documentary proof of
final good
origin of these
components?
(Yes/No) (Yes/No) (Yes/No)
1

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 38 of 60

 Note: If origin of any of the components used in manufacture of final good cannot be ascertained, same
should be treated as non-originating.

Is the de minimis provision used to determine o Yes

a whether the good subject to this request o No

qualifies as an originating good? If yes, describe such material and the percentage
value or quantity as applicable.

Is the accumulation/cumulation provision o Yes

applied to determine whether the good subject o No
b
If yes, describe the manner and extent of
to this request qualifies as an originating good?
cumulation.
Has any other additional criteria such as o Yes
indirect/neutral materials, packing materials, o No
c
etc. used in ascertaining whether the good If yes, provide the criteria used:
qualifies as an originating good. Describe the material concerned:
o Yes
o No
Is the originating criteria based on value If yes, provide the following:
d
content? (i) percentage of local value content:
(ii) components which constitute value addition
(e.g. material, profit, labour, overhead cost, etc.):

o Yes
Has CTC rule been applied for meeting o No
e
originating criteria? If yes, provide HS of non-originating material/
components used in production of good:

Has process rule been applied in ascertaining o Yes

f o No
origin of good subject to this request?
If yes, provide the rule applied:
o Yes
g Has the CoO been issued retrospectively? o No
If yes, provide reasons for same:

o Yes
o No
Has the consignment in question been directly If not, then has it been ascertained that same is as
h
shipped from country of origin? per provisions of the concerned agreement?
How has it been ascertained that goods have met
the prescribed conditions of Direct Shipment?

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 39 of 60

 Indian Oil Corporation Limited
(REFINERIES DIVISION)
PARADIP REFINERY
TENDER No.: PDC1H24387
SPECIAL CONDITIONS OF CONTRACT (SCC) PART-I

Name of Work: Balance job of Providing and fixing Crash Barriers at various locations in Paradip
Refinery, Paradip, Odisha (Phase-II).

A. SPECIAL CONDITIONS OF CONTRACT (APPLICABLE FOR ALLTYPE OF JOBS/ CONTRACTS)

1. General
i) All the material, spares, consumables, tools/tackles required to complete the job in all respects shall be in
the scope of Contractor only unless otherwise specified in the specific item of the Bill of Quantity (BOQ)
or Schedule of Rates (SOR).
ii) All the jobs to be carried out as per the Schedule of Rates, CPWD specifications, IS standards and
directions of the Engineer-in-Charge.
iii) The rate quoted by the tenderer shall be exclusive/inclusive of GST as per BoQ.

2. Corporation’s rights to increase/ decrease the tendered quantity of any or every item and delete any item at
any stage of work at the accepted rates. Contractor’s claim for compensation or damages on account of these
shall not be entertained subject to provision contained in GCC.

3. SETTLEMENT OF IRRECONCILIABLE CONFLICT:

In case of an irreconcilable conflict between Indian or other applicable standards, General Conditions of
Contract, Special Conditions of Contract, Specifications, Drawings and/or Schedule of Rates, the following
shall prevail to the extent of such irreconcilable conflict in order of precedence as noted below (For
exemplification “a” prevails over “b” to “j”, “b’ prevails over “c” to “j’ and so on).
a) Letter of Acceptance along with Statement of Agreed Variations.
b) Telex/Telegram of Acceptance.
c) Schedule of Rates as enclosure of Letter of Acceptance.
d) Job/Particular Specifications.
e) Drawings.
f) Technical/Material Specifications.
g) Special Conditions of Contract.
i) General Conditions of Contract
i) Indian Standards.
j) Other applicable standards.

4. Building & Other Construction Workers Welfare Cess Act, 1996” and rules framed by
Government of Orissa:
Contractors/ builders working in various construction activities relating to Project works will be liable to pay
Cess @ 1% of the tender amount as per “Building & Other Construction Workers Welfare Cess Act, 1996”
and notification of Government of Orissa, No. 12653 dated 15.12.2008. The amount will be deducted at the
time of making payment to the Contractor and such amount shall be remitted to the Orissa Building & Other
Construction Workers Welfare Board, office of the Labour Commissioner, Orissa, Bhubaneswar.

5. LABOUR LAWS:

5.1. Contractor shall maintain a valid labour license if he is engaging 20 labours or more at any point of time
under the Contract Labour Regulation and Abolition Act. for deploying necessary manpower.
5.2. Contractor shall at his own expense comply with all labour laws and keep Indian Oil Corporation Ltd.,
Paradip Refinery indemnified in respect thereof.
5.3. The contractor will have to maintain necessary records and registers under various statutory provisions in
consultation with the Engineer-in-Charge. As soon as a Work Order/PO is awarded to the Contractor, the
following Registers along with documentation shall be maintained by the Contractor, as specified in "Ease
of Compliance to maintain Register under various Labour Laws Rules, 2017) as under:

i. Form A-Format of Employee Register

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 40 of 60

 ii. Form B-Format of Wage Register
iii. Form C-Format of Register of Loan/recoveries
iv. Form D-Format of Attendance Register
5.4. The contractor will be wholly and solely responsible for verifying the antecedents of the persons employed
by him, and the consequences thereof for employing any person with illegal antecedents.
5.5. Commencement/Completion of work as per Form VII to be submitted to Statutory Authorities, irrespective
of number of workers engaged.
5.6. Contractor to provide welfare amenities as prescribed under different applicable laws and to maintain all
other Registers as applicable under various labour laws. These will be required to be submitted when directed
by Statutory Authorities/IOC to do so.
5.7. Medical Fitness of workers, as specified under the relevant Factory Act & Rules thereof should be got
completed by the Contractor.
5.8. Gate Pass of every contract labour to be ensured, subject to meeting statutory compliances, before entering
into the premises.
5.9. Contractor has to verify the number of labourers and their attendance in line with the gate pass issued to the
contractor as per terms & conditions of contract.
5.10. Contractor to obtain "No Dues/Claim Certificate" from each contract labour in Final RA Bill.
5.11. Contractor must ensure that all details of his labourers are entered in e-CLMS and wage registers are
generated through the system.
5.12. The Security deposits of contractors may be released after clearance by HR, to ensure statutory compliances
by the contractor pertaining to contract workers engaged by the contractor.
5.13. If a contractor submits false/fabricated documents, appropriate action will be taken against the Contractor as
per terms & conditions of contract including GCC/SCC.

6. PROVIDENT FUND (PF) AND ESI REGISTRATION / INSURANCE:

6.1 Provident Fund (PF) and ESI registration shall be mandatory requirement for all bidders, irrespective of
bidder’s manpower strength.
6.2 Contractor shall comply with various provisions of EPF & MP Act 1952 and the schemes framed thereunder
including extending the benefits of EDLI to the contract workers.
6.3 Provident Fund (PF) Contribution: The Contractor shall make PF contribution in respect of the contract
workers engaged by him as per Statutory provisions.
6.4 The contractor must take PF Sub-code under RPFC, Bhubaneswar, Odisha, in case the agency is having
PF code of any other location other than Odisha.
6.5 Contractor shall adhere to all provisions of ESI Act and make contribution to ESIC in respect of their
workmen and submit all necessary documents to the Engineer-in-Charge. The contractor shall enforce the
provisions of ESI Act/Scheme with regard to the contract (if applicable). The contractor shall deduct
employees contribution from wages of each of the employees and shall deposit the same together with
Employer's contribution in their respective ESI code. The contractor shall further fulfil other
obligations/requirements of the Act/Scheme for proper compliance as may be directed by ESI Authorities or
owner.
6.6 The contractor must take the ESI sub-code for Paradip, Odisha.
6.7 The contractor must facilitate the ESI e-Pehchan Card for contract workers and their dependents.

7. WORKMEN - COMPENSATION INSURANCE:

7.1 In case the provisions of ESI Act is not applicable for any contract worker, the concerned contractor
shall obtain an insurance policy in respect of all such workmen engaged by him on the Corporation's job,
covering his liability under the Workmen Compensation Act. 1923 and its subsequent amendments.

7.2 The contractor shall be permitted to commence the work only after he has obtained adequate insurance
coverage under the said Act. by specifying exact nature of work and shall produce to the Company upon
request evidence of such insurance.

8. ENROLMENT IN GOVERNMENT SOCIAL SECURITY SCHEMES

8.1 Every worker engaged by the contractor should be enrolled under the following schemes as applicable:
8.1.1 Pradhan Mantri Suraksha Bima Yojana
8.1.2 Pradhan Mantri Jeevan Jyoti Bima Yojana
8.2 Proof of payment towards the above two schemes shall be submitted by the contractor to EIC for verification
of the same.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 41 of 60

9. PAYMENT OF WAGES TO CONTRACTUAL WORKERS:

9.1 The contractor shall have to pay Minimum wages (Basic + VDA, as per notification by Govt of India from
time to time) and other benefits/ facilities admissible to the contract labour engaged by contractor as per
notified rates by State/Central Government or prevailing rate of IOCL Paradip Refinery, whichever is higher.
9.2 All payment to Contract labourer 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 Bank Account if the workmen do not possess the same to ensure payment of wages
directly to their bank account.

10. Wage escalation Clause

{In partial modification to clause 6.3.3.0 of GCC (Conventional)}

The rates stated in the Schedule of Rate shall not be subject to variation on any account whatsoever, other
than new taxes, duties, levies, charges and variation in minimum wages.

a) Increase in minimum Wages means: Any increase in minimum wages of workers and corresponding
increase in statutory components of wages due to coming into force by any fresh law or notification issued
by State/Central Government or wage increase arising out of a Court Order or directions of the
Corporation to pay higher wages.
b) Any increase in minimum wages after stipulated date of price bid submission shall be payable from the
effective date mentioned in the notification as defined in (a) above up to contractual completion period
including justifiable extensions, if any. Any increase in minimum wages beyond justifiable extension
period is to be borne by the contractor. The amount becoming due after contractual completion will be
reimbursed only after approval of time extension, however, contractor has to ensure that payment to
workers is made as soon as it becomes due as per labour payment schedule.
c) There shall be no service charge/profit component payable to the contractor on account of different
amount reimbursed to the Contractor towards increase in minimum wages.
d) The additional impact of taxes to be paid by the contractor to the authorities on account of increase in
minimum wages will be reimbursed by IOCL.
e) Reimbursement of differential amount on account of increase in minimum wages shall be made in the
following manner:

i. For contracts in which number of manpower to be deployed has been specified, the differential
amount on account of increase in wages for the actual number of labours deployed as per direction of E-
I-C shall be reimbursed to the contractor as per wage register certified by E-I-C upon submission of proof
of payment of revised wages and statutory components.

ii. For contracts in which number of manpower to be deployed has NOT been specified, if the increase
in the minimum wages in beyond 10% at a time (singular increase more than 10%), the differential
amount exceeding 10% will be reimbursed based on calculations given at (a) and (b) below and the lower
of the two values will be considered for reimbursement :

a) Differential amount arrived using price variation formula given below.

A% = Percentage of Labour Component as specified in the tender (A= 23.5)
Y% = Average percentage increase in minimum wage
Y is to be calculated on the basis of average percentage (Average of percentage variation in each
category for Unskilled, Semi-Skilled and Skilled)
Z = Value of work executed on / after effective date of revision in wages.

Value of Escalation = (Z/1.15)*(A/100)*[(Y-10)/100]

OR
b) The differential amount (increase in Wages & Statutory Components) calculated based on
certified Wage Register.

iii. Mixed type of contracts, having both type of items i.e. composite as well as specified manpower, will be
dealt in accordance with the relevant clauses as mentioned above.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 42 of 60

11. Leave and Holidays with Wages: Every worker will be entitled for one day leave with wages for every
20 days of work performed which can be availed by the worker concerned with prior approval of
contractor/agency, so that work should not suffer. If the same is not availed, same is to be reimbursed @
5.12% of minimum wages and will be paid on monthly basis by contractor to contract workers along with
monthly wages.

12. Gratuity / Retrenchment Benefit: The Contractor shall provide gratuity / retrenchment benefits of fifteen
days average wages for every completed year of continuous service or any part thereof in excess of six
months which works out to be 4.8% of the minimum wages and will be paid on monthly basis by contractor
to contract workers along with monthly wages.

13. Minimum Bonus: The Contractor shall ensure a minimum bonus of 8.33% of the wages to eligible
employees (Applicable as per Payment of Bonus act 1965. Only employees who have worked in an
establishment for a period of not less than thirty days in that year shall be eligible to receive bonus) and will
be paid on monthly basis by contractor to contract workers along with monthly wages.

14. Issue of employment cards and wage slips. The Contractor shall be required to issue Employment Cards
at the time of engagement and Wages Slip every month to all contract workers as per the provision of contract
labour (R&A) Act 1970 and Rules framed thereunder.

15. Timely Payment of Wages to Contractual Workers:

The Contractor shall make wage payment (bank payment) as per terms & conditions of work order to their
workers within 7th of every subsequent month followed by remittance of EPF & ESI contribution as a part
of social security contribution within stipulated due dates.

16. Penalty of delay payment of monthly wages:

If wage payment and other statutory compliance is delayed by the contractor, penalty for delayed payment
shall be Rs. 50/day per worker or 1% of Work Order value whichever is lower.

Clarification of penalty on delay payment:

Rs. 50 X No. of days by which wage payment

Delay in Payment of wages to workers i.e. wages not paid by 7th
is delayed X No. of workmen for whom
day of the following month
wage payment is delayed.

Illustration: If wages is paid on 12th of the following month for 10 workmen, penalty shall be calculated as below:
No. of days by which payment is delayed – 5 days.
No. of workmen for whom wage payment is delayed – 10 workmen.
Penalty = Rs. 50 X 5 days X 10 Workmen = Rs. 2500 or 1% of Work Order value whichever is lower.

17. Penalty on part payment of wages including OT and allowance (Less payment than due amount)

In case of any delay by the contractor in making the full payment of wages, including overtime (OT) and
allowances, the penalty shall be levied. The penalty amount shall be calculated at the rate of Rs 50 per day per
worker or 1% of the total work order value, whichever is lower.

18. Penalty of late payment of PF and ESI (by 15th of the month) of subsequent month.
In case of any delay in making the statutory payments (PF & ESI), the contractor must submit PF and ESI
challan and ECR copy along with the challan for damages and interest levied due to late payment under the
applicable laws.

19. Penalties for non-observation of safety norms:

The following penalties shall also be considered with a view to improve the safety aspects of execution of the
job based on the job requirements:

19.1 Violation of applicable Safety, Health and Environment related norm- a penalty of Rs.5000/per
occasion

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 43 of 60

 19.2 Violation as above resulting in –
• 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.

• 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.

19.a. Contractor is required carry out health checkup of all their targeted contract labour in prescribed format, as
per Sec 41-C of Factories Act, 1948 and Odisha Factory Rules, 1950 at their own cost.

20. Undertaking by contractor/agency for payment of wages and labour laws.

Bidders shall submit the undertaking as below for compliance of the EPF act in respect of all their workers
whether covered or exempted in the following format during execution of work before release of any running
bill/final bill.

Dated: _______________

AN UNDERTAKING BY A CONTRACTOR FOR COMPLIANCE OF ALL LAWS, AS APPLICABLE

REF: WORK ORDER NO. ______________________DATED _______________________

I ___________________________________________S/o__________________________________
(Proprietor/Partner/Director of M/s. ______________________________________________being contractor
of M/s Indian Oil Corporation Limited, Unit:______________________________________
Do hereby declare and undertake as under:

1. That in the capacity of independent Contractor of M/s. Indian Oil Corporation, I have complied with the
provisions of all statutory Provisions as applicable. I have paid the wages for the month of
____________________________which are not less than the minimum rates as applicable, to all my employees
and no other dues are payable to any employee engaged against the aforesaid work order.
2. That I have covered all the eligible employees under Employees’ Provident Fund & Miscellaneous Provisions
Act, 1952 and the Employees’ State Insurance Act, 1948/Employees’ Compensation Act, 1923 and deposited
the contributions for the period ___________ to __________ and as such no amount towards contributions
whatsoever is payable. Appropriate Insurance Cover has been obtained for all such employees engaged under
my Contract (including uncovered) under EDLI Scheme.
3. If any violation or non-compliance is discovered at a later date, I shall be answerable to the authorities, courts
for such violations and non-compliances and the Principal Employer shall not be responsible or liable for such
violations and non –compliances in any manner whatsoever. I hereby fully agree to indemnify the Principal
Employer from associated losses, costs and risks suffered by it in the event of any violations and non-
compliances on my part.

SIGNATURE WITH SEAL

NAME______________________________
DESIGNATION______________________________
CONTACT NO. ______________________________

Note: Undertaking to be obtained from Contractor before passing any of his running or final bill.

21. XTRAPOWER Fleet Card Program:

For transportation contracts, clause nos. (i) & (ii) given below shall be applicable. For contracts where
transportation is in scope of vendors/ contractors, only clause no. (i) given below shall be applicable.

(i) The XTRAPOWER Fleet Card program is a complete smart-card based fleet management solution for fleet

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 44 of 60

 operators and corporate for cashless purchase of fuels and 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 cover and vehicle tracking facilities. Any business entity
owning or operating a vehicle fleet can become a member of 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 web based 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/.

(ii) 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 his 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 of this 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.

22. Mobilization advance:

For jobs above INR 10 Cr., mobilization advance is applicable. Bidder shall provide their consent along
with the bid if claims the same as applicable.

Submission of BG of 110% of advance amount plus applicable taxes (if any).

Mobilization advance (maximum of 10%) is payable in not less than two installments only if the contract
value is Rs. 10 Crore and above. The interest rate at 1% above the MCLR bank rate (exact rate to be specified
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 LoA issued by
the IOCL in token of unqualified acceptance thereof.

(ii) The contractor shall have furnished the initial security deposit as stipulated in clause No. 2.1.1.0 of
GCC and associated clauses thereof.

(iii) The contractor shall have executed the formal contract in terms of the Form of Contract/ Contract
Agreement.
Interest on mobilization advance shall be recovered from running account bills. Contractor, therefore, shall
deposit the amount of TDS with the Income Tax department and claim reimbursement from IOCL against
submission of TDS certificate.
The above clause along with the process of recovery of mobilization advance is to be read in conjunction
with GCC.
Note: Corporation reserves the right to recover mobilization from the bill in full or by a higher percentage if the
progress of the work is not according to the terms and conditions of the agreement.

23. Composite Bank Guarantee (CBG): In case mobilization advance is paid to the contractor, it shall be
permissible for the contractor to furnish a Composite Bank Guarantee to cover both mobilization advance
as well as retention monies forming part of the Security Deposit, which shall be subject to the following
conditions:
(i) The Composite Bank Guarantee will be for a value equivalent to 110% of the advance plus applicable
GST or 10% of the total contract value, whichever is greater, and shall be kept valid up to 3 months
beyond the expiry of the Defect Liability Period.
(ii) In addition, Initial Security Deposit shall be payable @2.5% of the total contract value.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 45 of 60

 (iii) Recoveries will be effected from each running account bill at the rate of 10% of the gross bill value,
till the entire mobilization advance (together with interest accrued thereon) is fully recovered.
(iv) Initially, the composite Bank Guarantee will be entirely reckoned towards mobilization advance and
progressively, the portions of Composite Bank Guarantee, vacated by the recoveries effected towards
mobilization advance, shall be reckoned towards Security Deposit, such that after the mobilization
advance stands fully recovered with interest accrued thereon, the entire composite Bank Guarantee
shall be reckoned to cover the Security Deposit for the work. The Initial Security Deposit furnished by
the Contractor shall be refunded/ returned after recovery of mobilization advance is affected from the
R.A. Bills up to an aggregate amount equivalent to the Initial Security Deposit.

24. In case bidders take deviations to the specified payment terms, loading for interest implication at 1% higher
than bank rate (MCLR) shall be done for evaluation of bid.

25. Water and Power Supply and other Utilities:

a. Water and other utilities Supply: Subject to provisions of clause nos. 3.3.0.0 and 3.5.0.0 and sub-clauses
thereunder of the General Conditions of Contracts (GCC), IOCL at its own discretion may provide
water and other utilities to the contractor for work on chargeable basis. A lump-sum recovery of 1.0%
of the executed value for all type of work towards water consumed during execution of work shall be
made from RA/ Final bill(s) of the contractor.

b. Power Supply: Subject to provisions of clause nos. 3.3.0.0 and 3.4.0.0 and sub-clauses thereunder of
the General Conditions of Contracts (GCC), IOCL at its own discretion may provide power to the
contractor for work on chargeable basis. A lump-sum recovery of 0.50% of the executed value for all
type of work towards power consumed during execution of work shall be made from RA/ Final bill(s)
of the contractor.

All arrangements for distribution of water and power (including arrangement of pipes, valves, cables,
RCCBs, power panels) from IOCL source to the work site shall be made by the contractor. It shall be
the responsibility of the contractor to ensure judicious and safe usage of both water and power supplied
by IOCL to him. In case of violation observed in this regard, suitable penalty may be imposed by the
Engineer-In-Charge.

Any deviation/ modification (if any) from the said rates of deduction including waiver of charges
shall be specified under the section Special Conditions of Contract (SCC), Part –II of the tender
document.

26. Taxes and Duties

Tax Conditions for Works Contracts:

a) The quoted price shall be as per BOQ.

b) The Bidder/Contractor shall not directly consign any material under their scope of supply to Owner.

c) If during the period from the date of submission of the bid (or final price bid, if applicable) of the
contractor to the date of Scheduled Mechanical Completion/ completion of the entire work(s) or during
any time extension granted thereof, there is an increase in the rate of output tax (Goods and Services
Tax (GST) etc. or any new output tax is introduced in addition to, or, in lieu of the existing taxes where
the total financial implication on account of new output taxes is more and arises within the said
contractual completion period, IOCL shall reimburse the additional tax burden

Beyond the contractual completion period also (including any grant of time extension), IOCL shall
reimburse the additional tax burden, limited to its ITC entitlement on the increase in output taxes or
new output taxes, as per applicable law. In other cases, Contractor shall bear the increase in the rates
of existing taxes or any new output tax.

Similarly, if there is any reduction in any of the said taxes, the contractor shall pass on the benefit of such
reduction to IOCL by invoicing at the applicable reduced rate.

d) It would be the responsibility of the Bidder/Contractor to get the registration with the respective Tax
authorities. Any taxes being charged by the Bidder/Contractors would be claimed by issuing proper
TAX Invoice indicating details /elements of all taxes charged and necessary requirements as prescribed
under the respective tax laws and also to mention his correct and valid registration number(s) along

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 46 of 60

 with OWNER’s registration number as applicable for particular supply on all invoices raised on
OWNER.
Bidder/Contractor to mention the correct GSTIN number from where the supply is proposed to be
undertaken. Further the Service Accounting Code (SAC) as applicable for the subject tender needs to
be provided in the columns provided in the technical bid.
In case the Bidder/Contractor is opting for Composition scheme under the GST laws (i.e Section 10 of
the CGST Act, 2017 and similar provisions under the respective State / UT law), the Bidder/Contractor
should confirm the same. Further the Bidder/Contractor to confirm the issuance of Bill of Supply while
submission of tender documents and no GST will be charged on OWNER. In such cases, bidder shall
submit Form GST CMP 01 and GST CMP 02. His Bid shall be evaluated without considering GST.
In case the Bidder/Contractor is falling under Unregistered category, the Bidder/Contractor should
confirm the same.
e) 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.
f) 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
g) In case the Bidder/Contractor is opting for Composition scheme under the GST laws, in such event the
evaluation of his bid will be based on the Quoted Price. GST liability, if any, on OWNER under reverse
charge will be included for the purpose of evaluation.
h) 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 technical bid. Annexure of this manual.
i) If the bidder deviates w.r.t. category of services, service code and GST rate as per the format given by
OWNER in the technical bid, then details with proper justification must be provided.
j) 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 submission of first bill under Contract
k) In case Service is specified where Service Recipient is liable to pay GST under Reverse Charge, same
shall be clearly mentioned in the Annexure of this manual.
l) Bid evaluation shall be done after considering GST Rates and Service Accounting Code (SAC) quoted or
confirmed as per the format provided in the Technical Bid or and shall be evaluated on gross tax basis
i.e. after including amount of GST so quoted or confirmed.
m) Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at the time of raising
Invoice if the invoices raised are not as per Tax rates mentioned in the bid, payment will be limited to the
rate quoted as per BID subject to increase /decrease in Rates after last date of submission of Price Bid
provided delivery is within the Contractual period.
n) CGST & SGST (or UTGST) or IGST, as the case may be, shall be released only on receipt of GST
Invoice containing the following details as per applicable GST laws: -
(i) Name, address and GSTIN of the supplier;
(ii) A consecutive serial number of the invoice;
(iii) Date of issue;
(iv) Name, address and GSTIN or UIN, if registered of the recipient;
(v) Name and address of the recipient and the address of the delivery, along with the State and its
code,
(vi) HSN Codes or Service Accounting Code (SAC);
(vii) Description of goods or services;
(viii) Total value of supply of goods or services;
(ix) Taxable value of supply of goods or services taking into discount or abatement if any;
(x) Rate of tax (Central Tax, State Tax, Integrated Tax (for inter-state supply),
Union Territory Tax or cess);
(xi) 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);
(xii) Place of supply along with the name of State, in case of supply in the course of inter-state
trade or commerce;
(xiii) Address of the dispatch point where the same is different from the place of supplier;

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 47 of 60

 (xiv) Whether the tax is payable under Reverse Charge basis and
(xv) Signature or digital signature of the supplier or his authorized representative.
(xvi) Quick response code having embedded invoice reference number(IRN) in case invoice
issued under rule 48/4.

o) E-invoicing under GST has been implemented w.e.f. 1st August 2023 for all the taxable person having
turnover more than Rs. 5 Crore. It has been specified by the Govt that it is mandatory to mention a valid
unique Invoice reference number (IRN) and QR code as generated from Govt. portal on a Tax invoice.

Bidder/ Vendor who is required to comply with the requirements of E-invoice for B2B transactions as
per the requirement of GST Law, as may be applicable at the time of raising of invoice, shall ensure the
compliance of requirement of E Invoicing under GST law. All the payments to such Bidder/Vendor
who is liable to comply with provisions of E-Invoicing as per GST Laws shall be made against the
proper e-invoice(s) only.
p) The Bidder/Contractor shall take steps viz. mention relevant GSTIN of OWNER in GST invoices and
returns, uploading invoice in GSTR 1, payment of the tax liability on the said invoices and filing of
Returns etc. and comply with all the requirements of applicable laws including GST laws for the time
being in force to enable the OWNER to avail tax credit/s including input tax credit. Tax element on any
Debit Note / Supplementary invoice, raised by the Bidder/Contractor will be reimbursed by OWNER
as long as the same is within the permissible time limit as per the respective taxation laws and also
permissible under the Contract terms and conditions. Bidder/Contractors to ensure that such debit Notes
are uploaded while filing the Statutory returns as may be prescribed from time to time.
q) The Bidder/Contractor would be liable to reimburse or make good of amount equivalent to the value of
GST charged in tax invoice/debit note to OWNER along with other consequential implications in cases
where Bidder/Contractor/supplier defaults in deposit of taxes to Govt. or non updation / incorrect
updation of the invoice data in GSTN network or non-filling of returns or wrongly charges Integrated
Tax in place of Central Tax + State/Union Territory Tax or vice versa or any other non-compliance of
GST laws; by issuance of suitable credit note to OWNER. In case, Bidder/Contractor does not issue
credit note to OWNER, OWNER would be constrained to recover the amount with consequential
implications including interest / penalty payable.
r) 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.
s) Tax element on any Debit Note / Supplementary invoice, raised by the Bidder/Contractor will be
reimbursed by OWNER as long as the same is within the permissible time limit as per the respective
taxation laws and also permissible under the Contract terms and conditions. Bidder/Contractors to
ensure that such debit Notes are uploaded while filing the Statutory returns as may be prescribed from
time to time.
t) The Bidder/Contractor will be under obligation for quoting/charging correct rate of tax as prescribed
under the respective Tax Laws. Further the Bidder/Contractor shall avail and pass on benefits of all
exemptions/concessions/benefits/waiver or any other benefits of similar nature or kind available under
the Tax Laws. In no case, differential Tax Claims due to wrong classification of goods and/or services
or understanding of law or rules or regulations or any other reasons of similar nature shall be entertained
by OWNER.
u) In case of any advance including Mobilization, Advance given as per Contract, the Contractor shall
issue Receipt voucher immediately on receipt of advance payment and subsequently issue the tax
invoice at the time of supply, after adjusting advance payments as per Contractual terms and GST
Provisions.
v) 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.
w) Wherever provisions of Tax deduction at Source (TDS) are applicable under the CGST / SGST /
UTGST/IGST Act,2017 on supplies of goods or services or both to OWNER, tax will be deducted from
the invoice raised and deposited with the authorities by OWNER. OWNER shall file the TDS return on
GST Portal on the basis of which Credit can be availed by the bidder/ contractor.
x) IOCL will issue Road Permit/Way Bill, by whatever name it is called, to the Contractor only in those
cases where materials is purchased by IOCL directly and/or IOC is statutorily required to issue the Road
permit/Way Bill, by whatever name it is called. Contractor will be under obligation for proper utilization
of road permits for the specific supply and in case of seizure of goods/vehicle; the Contractor will be
wholly responsible for release and reimburse the litigation cost to IOCL.
y) IOCL shall on no account be responsible for delay or hold up due to the timely non availability of such
documents as are required to be furnished by the Owner to obtain the Road Permit/Way bill, by
whatever name it is called. However, IOCL shall make best efforts to provide sufficient number of

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 48 of 60

 Road Permits/way bill, by whatever name it is called. on demand to avoid any delay or Hold up.

27. Income Tax

a) The Bidder/Contractor shall be exclusively liable to pay directly to the concerned Income Tax
Authorities in India and to bear all Indian Taxes payable relative to employment of any personnel by
the Bidder/Contractor.
b) Wherever withholding tax i.e. Tax deduction at source (TDS) is applicable under the Income tax Act,
1961 the same will be deducted from the Invoices raised and TDS Certificate as per provision of the
Income tax Act and Rules shall be issued to the Bidder/Contractor.
c) Bidder/Contractor should mandatorily provide the PAN. If PAN is not provided, TDS would be
deducted at higher rate as per the provisions of Income Tax Act. TDS would also be deducted at higher
rate if Bidder / Contractor is categorized as "Specified Person" by Income Tax Authorities for non -
filling of return as per the provisions of the Income Tax Act.
d) All amounts in this BID for supply of equipment, machinery, catalyst or any other supply of goods
made from outside India shall be gross of withholding tax levied under Indian Income Tax or Double
Taxation Avoidance Agreement. Owner shall deduct the Withholding Tax payable to Government of
India from the total amount payable for such supplies. All relevant documents for such payment shall
be provided to the bidder/contractor.
e) All amounts in this BID for services from within India in INR shall be gross of Indian TDS. Owner
shall deduct the Withholding Tax payable to Government of India from the total amount payable for
such Indian Services. All relevant documents for such deduction shall be provided to the
bidder/contractor.

f) Withholding tax / tax deductible at source is applicable to all payments to be made to the
CONTRACTOR. Withholding / deduction is required to be made at the rates specified in the Indian
Income Tax Act. However, in case of non-resident contractors, lower of the rate of withholding tax as
available in the relevant Double Taxation Avoidance Convention or Agreements (DTAA) as notified
or amended from time to time as compared to the rate applicable as per relevant Finance Act will be
applicable subject to certain specified documentary compliances. Therefore, it is incumbent upon the
Contractor/bidder to decide and declare whether it intends to take benefits of lower rate of Withholding
Tax and commit to provide necessary documents. As per extant provisions of Income Tax Act and
Rules made there under following documents are mandatory for this purpose (a) Tax Residency
Certificate (TRC) issued by the competent authority of the country of residence of the Contractor (b)
Electronically generated Form 10F as described in Income Tax Rules, 1962 (c) A declaration in
specified format in lieu of Permanent Account Number (PAN) and (d) No PE Certificate.
g) The Indian Income Tax Act and rules made there under contains provisions permitting deduction of tax
at a lesser rate if the CONTRACTOR is able to justify to the Income Tax Authorities such lesser rate
of deduction. However, a deduction once made has to be deposited by the OWNER with the Income
Tax Authorities in India and will not be adjustable by the OWNER. It is therefore in the interest of the
CONTRACTOR that prior to release of any payment due to the CONTRACTOR under the Contract
that the CONTRACTOR obtains, from the relevant Income Tax Authorities in India, a certificate
specifying the rate of deduction /withholding of Income tax at source, failing which, payment to the
CONTRACTOR shall be made by the OWNER after Withholding / deduction at the highest rate as may
be applicable to the non-resident contractors as per Provisions of Income Tax Act, 1961.

28. Tax clause for Process Licensor Selection Tender

i. Notwithstanding anything contained anywhere in the BID Documents or any intimation, notice,
questionnaire, clarification, correspondence or communication at any time before submission of BID,
following clauses shall apply for the purpose of Taxes and Duties described herein below.
ii. All amounts in this bid (other than the quoted amount for Indian services in INR and supplies of
equipment, machinery, catalyst or any other supply of goods) are net of any taxes and duties levied
by the Indian Government on LICENSOR or LICENSEE. If any payment or deliverable hereunder
shall be subject to the above which LICENSOR or LICENSEE are required to pay, LICENSEE is
required to withhold ("Taxes"), LICENSEE shall:
a) pay LICENSOR such a sum as to yield to LICENSOR, after payment of such Taxes, the full net
amount due pursuant to this Agreement subject to OWNER LIABILITY (relevant clause mentioned
below) and COMPLIANCE (relevant clause mentioned).
b) pay Taxes in accordance with the relevant rules and legislation to the applicable government with
respect to this Agreement.
c) provide LICENSOR with certificates or any other form of documentary evidence issued by the
relevant authority regarding the payment of the Taxes in a timely manner; and indemnify
LICENSOR in respect of any claim or loss, which may arise as a result of any delay or failure of
LICENSEE to meet above obligations; including penalties relating thereto or interest thereon

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 49 of 60

 (except deduction pursuant to relevant clause mentioned below)

iii. All amounts in this BID for supply of equipment, machinery, catalyst or any other supply of goods
made from outside India is not liable for any withholding tax subject to Licensor furnishing requisite
documents and availing benefit under relevant DTAA. However, in case it is applicable, all amounts
in this BID for supply shall be gross of withholding tax levied under Indian Income Tax or Double
Taxation Avoidance Agreement. Owner shall deduct the Withholding Tax payable to Government of
India from the total amount payable for such supplies. All relevant documents for such payment shall
be provided to the Licensor.
iv. All amounts in this BID for services from within India in INR shall be gross of Indian TDS. Owner
shall deduct the Withholding Tax payable to Government of India from the total amount payable for
such Indian Services. All relevant documents for such deduction shall be provided to the Licensor.
v. LICENSOR shall be responsible for paying all direct taxes (including personal income tax as well as
corporate Income Tax, etc.) for the Technical and Assistant Services in India in accordance with the
relevant government rules with respect to this Agreement.

vi. The LICENSOR shall comply with all tax laws of India and subject to the provisions related to the
LICENSEE, undertakes to file all "returns", "statements" and other documents, which it might be
required to file under the laws of India.
vii. Subject to relevant clause mentioned below, OWNER LIABILITY on account of Indian
Withholding Tax, whether at the time of BID submission or any time subsequent thereto, shall be
limited to the lower of the following:

a) Rate of Tax as applicable under Indian Income Tax Act.

b) Rate of Tax as applicable under Double Taxation Avoidance Agreements (DTAA) between India
and the country of residence of the LICENSOR.
Explanation: For the purpose of this Clause, “Rate of Tax as applicable under Indian Income Tax
Act” shall not include rate of tax as determined by a Tax Deduction Certificate issued by Indian
Income Tax Authorities.
viii. COMPLIANCE by LICENSOR: In order to afford OWNER to limit its liability as described in
relevant clause mentioned above, LICENSOR shall submit: (i) copy of Tax Residency Certificate
(TRC) issued by tax authorities of the country of residence of the Licensor (ii) Electonically
generated Form 10F as specified in Indian Income Tax Act and Rules (iii) copy of Permanent
Account Number (PAN) issued by Indian Income Tax Authorities, if available, or Declaration in
Lieu of PAN as specified in Rule 37BC of Income Tax Rules, 1962 and (iv) No PE Certificate.
Format of Declaration in lieu of PAN is attached as part of BID document.
ix. IF at the time of payment, rate of tax as determined by Tax Deduction Certificate issued by Indian
Income Tax authorities is lower as compared to the rate of tax as determined under relevant clause
mentioned above, rate as determined by tax deduction certificate issued by Indian Income Tax
authorities shall be applied at the time of payment for the purpose of determining OWNER Liability
under relevant clause mentioned above.
x. However, where LICENSOR is obligated under Indian Income Tax Act and rules made thereunder,
to obtain Tax Deduction Certificate, it shall be obligatory on part of LICENOR to submit the same,
in original, to the Owner, and subject to relevant clauses mentioned above, tax will be deducted by
applying the rate of tax as per Certificate of Deduction obtained by the bidder from Indian Income
Tax authorities relevant to the Financial Year of payment. Any excess liability to the Owner on
account of Indian Withholding Tax as described in relevant clause mentioned above shall be
deducted from the dues payable to the Licensor.
xi. GST or any other taxes (other than those covered under relevant clause mentioned above) applicable
in India on the above fees, shall be levied on and paid by the LICENSEE.
xii. All taxes, customs, duties and other dues arising outside India in connection with and in performance
of the Agreement shall be borne by LICENSOR.
xiii. Services provided or goods supplied from India will attract GST (CGST & SGST or IGST as the
case may be) and the bidder has to register themselves in India in accordance with Indian Goods &
Services Tax Rules, 2017.
xiv. Bidder who has Permanent Establishment in India and/or quotation is in Indian Rupee (Fully or
Partially) has to submit Invoice compliant with GST Laws and Rules so that LICENSEE can avail
Input Credit of GST paid.
xv. In case of any advance including Mobilization Advance given as per Contract, the
BIDDER/CONTRACTOR shall issue Receipt voucher immediately on receipt of advance payment.
Subsequent recoveries / adjustment of Advance amount shall be separately indicated in the GST
Invoice for actual supply of Goods and Services. The Bidders who do not have Permanent

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 50 of 60

 Establishment in India, their entire amount of advance (net of taxes) will be treated and adjusted
against the services proposed to be sourced from outside India.
xvi. In case of Price Variation of Services and Materials applicable as per Tender, the
BIDDER/CONTRACTOR shall issue a GST Invoice containing all the details required as per GST
Laws and Rules.
xvii. In case of Price Adjustment for delay in Completion applicable as per Tender Condition, the
Bidder/Bidder/Contractor shall issue a Credit Note for the Price Reduction amount containing all
the details required as per GST Laws and Rules for lower incidence of GST Or same can be
adjusted in final bill issued by vendor.
xviii. the Bidder/Contractor/Licensor would be liable to reimburse or make good of amount equivalent
to the value of GST charged in tax invoice/debit note to OWNER along with other consequential
implications in cases where Bidder/Contractor/Licensor defaults in deposit of taxes to Govt. or
non updation / incorrect updation of the invoice data in GSTN network or non-filling of returns or
wrongly charges Integrated Tax in place of Central Tax + State/Union Territory Tax or vice versa
or any other non-compliance of GST laws; by issuance of suitable credit note to OWNER. In case,
Bidder/Contractor/Licensor does not issue credit note to OWNER, OWNER would be constrained
to recover the amount with consequential implications including interest / penalty payable.
xix. All payments on account of for services from within India in INR shall be gross of Indian TDS.
xx. All payments on account of supplies of equipment, machinery, catalyst or any other supply of goods
& Services [other than those covered under clause (i) to (x) above] shall be gross of withholding tax
levied under Indian Income Tax or Double Taxation Avoidance Agreement.
xxi. In all other cases, tax will be deducted by applying the rate of tax as determined under relevant
clause mentioned above.
xxii. Bidders to note that the applicable rate of GST at present is 18% (Eighteen percent) for License
and BDEP Fee and 18% (Eighteen Percent) for other services. For supply items, GST rates shall be
as per respective HSN code.

29. Tax Conditions for LSTK Jobs

Apart from the Tax condition mentioned, following Tax conditions needs to be suitably
incorporated under LSTK Tenders
i. The entire Scope of jobs under this Tender/Contract has been classified as Supply of Material and
Service in relation to an immovable property under GST and the place of supply of services shall
be the location at which the Works is being executed. Accordingly, the BIDDER/CONTRACTOR
is required to take GST registration for supply of services and subsequent invoicing to the OWNER
under the Tender/Contract as per GST invoice Rules.
ii. The supplier of LSTK Bidder/Contractor should not issue its Invoice indicating OWNER as
consignee since such sales cannot be treated as Sale-in-Transit under GST Law. Bidder/Contractor
must procure material in their own name and avail ITC for the same and subsequently supply as part
and parcel of Works Tender/Contract Service to OWNER. No waybill/road permit will be issued
from OWNER.
iii. Billing for Import to be done on OWNER (except for EPCG & MOOWR cases where separate high
seas agreement will be entered with Bidder/Contractor) with applicable CGST & SGST with
reimbursement of BCD & Cess and CGST & SGST thereon, limited to the quoted Foreign Currency
(FC) amount. However, impact of IGST due to inclusion of Anti-Dumping Duty and Safe Guard Duty
in the value for calculation of IGST shall be on Contractors account.
iv. Where the Owner opts to avail the benefits of EPCG/Post export EPCG or MOOWR, relevant
License shall be provided to LSTK Contractor and Customs clearance shall be done under IOCL
import export code by endorsement of EPCG License number/MOOWR License in Bill of entries
as the Owner will be the importer on record.
v. Withholding tax / tax deductible at source is applicable to all payments to be made to the
CONTRACTOR. Withholding / deduction is required to be made at the rates specified in the Indian
Income Tax Act. However, in case of non-resident contractors, lower of the rate of withholding tax
as available in the relevant Double Taxation Avoidance Convention or Agreements (DTAA) as
notified or amended from time to time as compared to the rate applicable as per relevant Finance
Act will be applicable subject to certain specified documentary compliances. Therefore, it is
incumbent upon the Contractor to decide and declare whether it intends to take benefits of lower
rate of Withholding Tax and commit to provide necessary documents. As per extant provisions of
Income Tax Act and Rules made there under following documents are mandatory for this purpose (a)
Tax Residency Certificate (TRC) issued by the competent authority of the country of residence of
the Contractor (b) Electronically generated Form 10F as described in Income Tax Rules, 1962 (c)
A declaration in specified format in lieu of Permanent Account Number (PAN) and (d) No PE
Certificate.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 51 of 60

 vi. The Indian Income Tax Act and rules made there under contains provisions permitting deduction of
tax at a lesser rate if the CONTRACTOR is able to justify to the Income Tax Authorities such lesser
rate of deduction. However, a deduction once made has to be deposited by the OWNER with the
Income Tax Authorities in India and will not be adjustable by the OWNER. It is therefore in the
interest of the CONTRACTOR that prior to release of any payment due to the CONTRACTOR
under the Contract that the CONTRACTOR obtains, from the relevant Income Tax Authorities in
India, a certificate specifying the rate of deduction /withholding of Income tax at source, failing
which, payment to the CONTRACTOR shall be made by the OWNER after Withholding / deduction
at the highest rate as may be applicable to the non-resident contractors as per Provisions of Income
Tax Act, 1961.
vii. In case of any advance including Mobilization, Advance given as per Contract, the Contractor shall
issue Receipt voucher immediately on receipt of advance payment and subsequently issue the tax
invoice at the time of supply, after adjusting advance payments as per Contractual terms and GST
Provisions.
viii. GST will be applicable on recovery for Land charges/ rent Safety Penalty, over Speeding, other
penalties etc . OWNER will issue GST Invoice in such cases.
ix. Credit notes to be issued by the Bidder/Bidder/Contractor for Price reduction on account of delay
in delivery or same can be adjusted in final GST Invoice.
x. Additional GST implication will arise on Price variation of Construction material and Foreign
Exchange Fluctuation and shall be paid extra On Submission of proper GST Invoice.
xi. The total price payable under the Tender/Contract shall be restricted to the Lump sum Price and
applicable GST as per other existing terms & condition of the Tender/Contract. Bidder/Contractor
to ensure progressive invoice value so that there should not be any additional liability to the
OWNER.
30. Custom Duty and Foreign Exchange Variation:
A. Custom Duty Variation
With the implementation of GST, the custom duty shall be a part of quoted price and no variation shall
be allowed. However, in exceptional cases, Customs Duty rate variation can be agreed subject to the
following conditions:
i) CIF value should be indicated in the offer. Materials to be imported covering the above CIF value
should also be clearly spelt out. The rate of Customs Duty and the Tariff Number under which the
item is covered should be clearly spelt out.

ii) Any increase in price due to increase in Customs Duty rates beyond the Contractual Delivery date
(CDD) in respect of items which require further fabrication after import and for bought out imported
items beyond the CDD, will be to Bidder/Bidder/Contractor’s account. For all such claims necessary
documentary evidence shall be provided by the Bidder/Bidder/Contractor to OWNER along with their
claim request.
B. Foreign Exchange (FE) variation
i) FE variation shall normally not be allowed. In (global tenders) cases where Foreign Exchange (FE)
involvement is envisaged, tender documents shall contain a clause indicating that in case the bidders
are quoting for FE rate variation, the details of item wise maximum CIF value (indicating quantity)
of each currency should be indicated in the offer. This list shall be vetted by the indenting department
/ PMC at the time of giving technical recommendation to the effect that the listed items are required
for the tendered material.

ii) Any increase in price due to increase in FE rates beyond the CDD in respect of items which require
further fabrication after import and for bought out imported items beyond the CDD, will be to
Bidder/Bidder/Contractor’s account. However, any decrease in the prices due to decrease in FE rate
at the time of actual clearance of imported materials, shall be passed on to OWNER. FE variation
shall also include recovery if the actual exchange rate is less than the quoted rate.

iii) While seeking the maximum CIF value in the tender documents, the bidder shall be asked to separately
indicate the imported bought out items and their maximum CIF value. In case order stipulates FE
variation clause, the Bidder/Bidder/Contractor shall furnish Bill of Entry documents along with the
invoice and raise invoice accordingly.
C. In case the bidder quotes any component of Customs Duty based on exemption under the prevailing
Indian Customs Laws [including any benefit available under any trade agreement which India has

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 52 of 60

 with any other nation or block of nations viz. Comprehensive Economic Partnership Agreement
(CEPA), Free Trade Agreements (FTA) etc.] as on the date of Bid, then bidders shall be required to
submit all the required documentary proof for the same at the time of dispatch of goods and in any case
not later than the date on which Bill of Entry is required to be filed in India enabling Indian Oil, as
importer, to avail the exemption as quoted by the Bidder. In the event of non- submission of the
requisite documents as per the conditions for availing the exemption by the successful bidder, then any
additional outflow suffered by Indian Oil on account of those taxes and duties (including interest, if
any) shall be recovered from the bidder either from any payment due to the successful bidder or
separately. It shall be obligatory on the part of the bidder to acquaint itself with the provisions of Indian
Customs Act, 1962 and other related regulations under which said exemption is quoted by the bidder.

31. Compliance of Additional HSE Norms:

In addition to provisions/norms made in General Conditions of Contract (GCC), Contractor shall also
abide by and ensure compliance of guidelines of Oil Industry Safety Directorate (OISD) vide OISD-
GDN-192 (Safety Practices during construction) and OISD-GDN-207 (Contractor Safety) while
executing the job. The guidelines are uploaded along with tender document with the file name “OISD-
GUIDELINE-192-AND-207.pdf (125 pages)”.

32. Compliance of Personal Protective Equipment (PPE) matrix: In addition to provisions / clauses given in
General Conditions of Contract (GCC), it is obligation of successful tenderer to abide by and ensure
compliance of requirements of Oil Industry Safety Directorate (OISD) vide OISD-STD-155(Personal
protective Equipment).Use of Inherently Fire Retardant (IFR) Coveralls by all persons entering refinery
battery area irrespective of any job (cold, hot or any job otherwise) is mandatory. The requirements are
uploaded along with tender document with the file name “OISD-STANDARD-155.pdf” for compliance.
Additionally, guidelines of providing PPE to their workmen during discharge of the contract is also
attached. The PPE matrix is uploaded as a part of tender document with the file name “PPE-
MATRIX.pdf” for compliance. Specifications of the commonly used Personal Protective Equipment is
attached in file Mandatory.PPE.Specification.rar file.

33. For domestic tenders for procurement of works/services: Notwithstanding anything to the contrary
contained in Section 9.0.0.0 of General Conditions of Contract but without prejudice to the provisions
relating to Notified Claims, it is agreed that any dispute between the CONTRACTOR and OWNER shall
be resolved through arbitration only if the cumulative value of Notified Claims of Contractor and the claims
of OWNER does not exceed Rs. 10 Crore. It is further agreed that in case the cumulative value of Notified
Claims of the CONTRACTOR (inclusive of interest amount claimed by CONTRACTOR till the date of
filing of statement of claim or the counter-claim as the case may be) filed before Arbitrator and the claims
of OWNER (inclusive of interest amount claimed by OWNER till the date of filing of statement of claim
or the counter-claim as the case may be) filed before the Arbitrator exceed Rs. 10 Crore, the Arbitrator so
appointed shall refrain from proceeding in the arbitration and the arbitration proceedings shall stand
terminated forthwith.

34. Contractor Safety Performance Rating System:

During job execution, Contractor’s safety performance will be evaluated as per the following checklist:

Max Marks
Max Marks
Marks given
Q.NO. Description Marks given by
by
(EIC) (EIC) (F&S) (F&S)

1.0 PPE

1.1 Whether PPEs being used as as per standard as mentioned in 10.00 10.00
contract documents. (All PPE nonstandard-Omarks, Partial then as
per %)

1.2 PPE compliance at site 10.00 10.00

1.3 Additional stock of at least 20% of requirement maintained by 20.00 0.00

contractor throughout the work period

1.4 PPE Stock & issue register maintained by contractor 10.00 0.00

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 53 of 60

 Max Marks
Max Marks
Marks given
Q.NO. Description Marks given by
by
(EIC) (EIC) (F&S) (F&S)

2.0 TRAINING

2.1 Daily tool box talk imparted and record maintained regarding safety 10.00 10.00
training to contract workers

2.2 Safety training arranged for contract workers (Induction On the job 10.00 0.00
safety training)

2.3 Does the contractor ensure that all the personnel are competent to 10.00 0.00
perform the work

2.4 Does the contractor ensure that the workers are directly supervised 10.00 0.00
by competent person

3.0 WORK PERMIT COMPLIANCE

3.1 All works carried out with valid work permit and clearance 10.00 10.00

3.2 Work permit violations (-2 every work permit violation) 10.00 10.00

3.3 Whether SOP during the job are being followed by the contractor 10.00 0.00

3.4 Whether standard equipment are used by contractor (Electrical 20.00 0.00
fittings, Lifting tools. Mech. Equipment etc)

3.5 Whether the contractor has been penalized for non-compliance of 0.00 20.00
safety norms (if yes, zero marks)

3.6 F&S equipment being misused by contractors 0.00 20.00

4.0 ACCIDENT/ FIRST AID INCIDENT/ NEAR MISS

4.1 Near miss reported by workers (1 mark for every 20 near miss 0.00 20.00
reported, 20 marks maximum)

4.2 Unsafe act/unsafe condition noticed against contractor/ worker (-5 0.00 20.00
for each unsafe act/ unsafe condition)

4.3 First aid/ Fire incident/ Minor injury 0.00 20.00

4.4 Accident/Major fire (-100 every accident) 0.00 20.00

5.0 SAFEY INCENTIVES AND AWARENESS

5.1 Whether the contractor has motivated its employees on basis of 20.00 0.00
safety performance.

5.2 Number of safety meeting conducted with owner+EIC+Workers (2 10.00 0.00

marks per meeting, 10 marks maximum)

5.3 Whether the contractor has done safety propaganda at site to aware 10.00 0.00
his workers on safety.

5.4 Safety supervisors deputed at site 0.00 10.00

5.4a Safety supervisor qualification - Regular Diploma in industrial 0.00 0.00

safety from recognized institute (10 marks)

5.4b Safety supervisor qualification - Part time Diploma in industrial 0.00 0.00
safety (5 marks)

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 54 of 60

 Max Marks
Max Marks
Marks given
Q.NO. Description Marks given by
by
(EIC) (EIC) (F&S) (F&S)

5.4c Safety supervisor qualification - No safety diploma (0 marks) 0.00 0.00

5.5 Whether contractor/ his worker received any appreciation award 0.00 10.00
from IOCL management

5.6 Awareness of safety norms by the contract workers at site 10.00 10.00

5.7 Whether medical health check up of all the contract workers done 10.00 0.00
and documents submitted to EIC

Total marks 200.00 200.00

SN Safety Performance MARKS

1 UNSATISFACTORY <150

2 SATISFACTORY >=150 <250

3 GOOD >=250 <350

4 OUTSTANDING >=350

35. List of Documents required for Processing of Bills:

The Contractors are required to submit the following documents (in physical form) for processing of the bills as per
check list attached:

i. Copy of work order

ii. Copy of valid labour license, as per CL(R&A) Rules
iii. Form A-Format of Employee Register, Form B - Format of Wage Register, Form C - Format of Register of
Loan/recoveries & Form D - Format of Attendance Register as per "Ease of Compliance to maintain Register
under various Labour Laws Rules, 2017. The relevant form should be duly vetted by Contractor & EIC with
confirmation of on-line transfer of wage in the bank account of labours.
iv. Copy of wage slips
v. PF Challan, ECR and para 36B work order wise.
vi. ESI Challan, ESI contribution details sheet/ Copy of Insurance policy under EC Act, 1923
vii. Form VII A/B under Contract Labour (Regulation & Abolition) Act, 1970
viii. Declaration by contractor in his letter head regarding his/her permanent employees deployed in IOCL’s
premises.
ix. Indemnity Bond for Subcontracting (if permitted by IOCL) submitted with the Bill along with the EIC's
Approval as and when required.
x. Copy of Employment Card issued by Contractor/received by Workers attached (1st bill only and when a new
worker joined)
xi. Declaration/Undertaking by a Contractor for compliance of all laws.
xii. Any other document deemed necessary by HR Department/Statutory Authorities.

Note: Above documents are not required for contracts, where there is no manpower deployment at IOCL's
premises.

The detailed Check List of HR clearance is to be submitted along with the Bills and relevant documents to HR duly
vetted by EIC.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 55 of 60

36. Disciplinary action against Contract Workers: No act of safety and security violation / flouting the
operating & safety precautions / indiscipline / negligent in the performance of duties / actions prejudicial to the
public or national interest, including mis-behaviour, assault or threat to any worker / IOCL employee, displaying
criminal character, theft, defamation, making false complaint, bringing dis-repute to the organisational Image and
Standing, absenteeism, drug / alcohol abuse, smoking, vandalism, damage to property, riotous / disorderly behaviour,
etc. within the IOCL premises (list is only illustrative and not exhaustive) will be committed by the contract workers
engaged by the contractor. For any such act, the service of the contract worker shall be liable to be terminated by the
contractor. Further all the provisions under GCC clause no. 4.9.0.0 would be applicable.

B. SPECIAL CONDITIONS OF CONTRACT APPLICABLE EXLUSIVELY FOR

ARC(Annual Rate Contract /AMC( Annual Rate Contract)/ASC Annual Service Contract)

These terms & conditions are related to ARC/AMC/ASC nature of job involving engagement of Contract Workers
whose wages & benefits are regulated under Memorandum of Settlement (MoS), signed from time to time at IOCL -
Paradip Refinery.

Before submitting the tender, the bidder must ascertain the prevailing wages and benefits applicable for the subject
contract and the details of the contract workers engaged for the job.

The contractor has to necessary deploy the minimum number of existing manpower in unskilled, semi-skilled, skilled
and highly skilled categories as specified in the contract. In addition, as and when required, the contractor shall deploy
sufficient number of additional manpower in various skill categories to complete the assigned jobs in all respect as
per the direction of EIC.

Note: In case any additional/new manpower is required to be engaged, the contractors shall ensure that local labours
(including members from displaced / land-loser families) to the extent available / possible are engaged, subject to
meeting the skill availability & experience and subject to meeting the conditions of 4.7.1.1 of GCC. Among this, the
first priority/preference must be given to identified displaced persons(Total 143) of IOCL, Paradip Refineryas per
the list made available by IOCL, Paradip Refinery.

37. Additional Allowance per Attendance: The Contractor shall pay additional allowance as per Memorandum
of Settlement (MoS), per attendance, at the rate of Rs. 128/- (as applicable currently) over & above Minimum Wages
per attendance.

Break-up of Additional Allowance of Rs. 128/- per attendance over & above the Minimum Wages as per skill category
as per MoS agreement, valid till Feb’ 2025: -
a) Canteen allowance – Rs. 30/- per attendance.
b) Washing allowance – Rs. 30/- per attendance.
c) Transport allowance – Rs. 28/- per attendance.
d) Allowance for Children education – Rs. 20/- per attendance.
e) Dependent Health Allowance - Rs. 20/- per attendance.
Note:
The current MoS agreement with Additional Allowance of Rs. 128/- (as per above Clauses) and the National &
Festival Paid Holidays is valid till Feb’ 2025 and will be revised with effect from March’ 2025. Contractor has to
fulfil all the requirements as per the new MoS Agreement including payment of arrears, if any, on account of the
revised MoS and the differential amount will be reimbursed by IOCL on submission of proof of payment without
profit component on such differential amount. Contractor has to note that the MoS agreement may be signed at a later
date but the same will be effective from March’ 2025 and hence the entire financial liability arising on account of
revised MoS for the entire contractual period shall have to be fulfilled by the contractor, although the contractual
period is either running or completed before signing of MoS agreement.

In case the contractual period is completed before the MoS agreement is signed, contractors shall be required to submit
a notarized undertaking stating that the contractor shall fulfil all the requirements as per the new MoS agreement
including payment of arrears etc.

Additionally, as per the prevailing Memorandum of Settlement (MoS) at Paradip Refinery, the workers will also be
entitled for three (3) national paid holidays and eight (8) days of festival paid holidays in a calendar year, which
shall be in line with holiday list of Paradip Refinery.

38. Issue of Access Control/Biometric Cards:

The contractor shall ensure that all workers engaged in his contract are issued Access Control/Biometric Cards
provided by IOCL, Paradip Refinery in addition to the Photo Gate Pass for regulating the Entry/Exit of the contract
workers to the work location. It is also the contractor’s responsibility to ensure that the contract workers engaged in

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 56 of 60

his job carry the Access Control/Biometric Cards along with Photo Gate Pass at all times.

On completion of the job, the contractor will have to return all the Access Control/Biometric Cards along with Photo
Gate Passes issued to all contract workers engaged by him in his job, failing which HR clearance will not be provided
for processing of final Bill. In case there is loss of the Access Control/Biometric Cards / Photo Gate Pass, the same is
to be immediately informed to IOCL through EIC. An FIR is to be lodged immediately at the nearest police station
and copy of the same is to be furnished to EIC. For any loss / damage of Access Control/Biometric Cards provided to
the contract worker, an amount of Rs. 800/- for each card shall be recovered from the contractor’s bill.

Undertaking by contractor/agency for payment of wages, MOS (Allowances if applicable) and labour laws.

Bidders shall submit the undertaking as below for compliance of the EPF act in respect of all their workers whether
covered or exempted in the following format during execution of work before release of any running bill/final bill.

Dated: _______________

AN UNDERTAKING BY A CONTRACTOR FOR COMPLIANCE OF ALL LAWS, AS APPLICABLE

REF: WORK ORDER NO. ______________________DATED _______________________

I ___________________________________________S/o__________________________________
(Proprietor/Partner/Director of M/s. ______________________________________________being contractor
of M/s Indian Oil Corporation Limited, Unit:______________________________________
Do hereby declare and undertake as under:
4. That in the capacity of independent Contractor of M/s. Indian Oil Corporation, I have complied with the
provisions of all statutory Provisions as applicable. I have paid the wages for the month of
____________________________which are not less than the minimum rates as applicable, to all my
employees and no other dues are payable to any employee engaged against the aforesaid work order.
5. That I have covered all the eligible employees under Employees’ Provident Fund & Miscellaneous Provisions
Act, 1952 and the Employees’ State Insurance Act, 1948/Employees’ Compensation Act, 1923 and deposited
the contributions for the period ___________ to __________ and as such no amount towards contributions
whatsoever is payable. Appropriate Insurance Cover has been obtained for all such employees engaged under
my Contract (including uncovered) under EDLI Scheme.
6. If any violation or non-compliance is discovered at a later date, I shall be answerable to the authorities, courts
for such violations and non-compliances and the Principal Employer shall not be responsible or liable for
such violations and non –compliances in any manner whatsoever. I hereby fully agree to indemnify the
Principal Employer from associated losses, costs and risks suffered by it in the event of any violations and
non-compliances on my part.

SIGNATURE WITH SEAL

NAME______________________________
DESIGNATION______________________________
CONTACT NO. ______________________________

Note: Undertaking to be obtained from Contractor before passing any of his running or final bill.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 57 of 60

 INDIAN OIL CORPORATION LIMITED
(REFINERIES DIVISION)
PARADIP REFINERY

TENDER NO.: PDC1H24387

TIME SCHEDULE

Name of Job: Balance job of providing and fixing Crash Barriers at various locations in Paradip Refinery,
Paradip, Odisha (Phase-II).

TIME SCHEDULE (ANNEXURE-I TO SCC Part-I):

NAME OF WORK TIME OF COMPLETION

Balance job of providing and fixing Crash Barriers

Time of completion for the job shall be 04 months from
at various locations in Paradip Refinery, Paradip,
the date of site handover.
Odisha (Phase-II).

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 58 of 60

 INDIAN OIL CORPORATION LTD.
(REFINERIES DIVISION)
PARADIPREFINERY
TENDER NO.: PDC1H24387

SPECIAL CONDITIONS OF CONTRACT PART-II

NAME OF WORK: Balance job of providing and fixing Crash Barriers at various locations in Paradip
Refinery, Paradip, Odisha (Phase-II).

1.0 SCOPE OF WORK:

Scope of work shall be read in conjunction with Schedule of Rates. In any case of discrepancy,
provisions made in schedule of rates shall supersede. The scope of work includes but not limited to the
following:
1.1 Demolishing plain concrete and reinforced cement concrete manually or by mechanical means and
disposal of debris & dismantled material.
1.2 Excavation work for holes of required size and depth, backfilling and consolidation.
1.3 Erection of W-metal beam crashier barrier consisting of corrugated sheet metal beams, ISMC
vertical posts and spacers at different locations as per the direction and instruction of Engineer-In-
Charge. All steel parts and fitments has to be galvanizd by hot dip process.
1.4 Concrete work for encasing the vertical posts of crash barrier.
1.5 Contractor must engage sufficient manpower, tools,tackles and resources to complete the work
with in agreed schedule.
1.6 Contractor shall ensure entry of materials & other tools tackels inside refinery area and maintain
proper storage and record of materials and shall maintain good house keeping of the work site as
well material store area.
1.7 Contractor shall be responsible to complete the entire work as per schedule of rates in all respects
and any other job necessary to complete the work though specifically may not be covered in the
scope of work.

2 SCOPE OF SUPPLY:
2.1 Owners scope of supply: NIL except water and power as specified in SCC Part-1.
2.2 Contractors scope of supply: All materials, labor, tools and tackels etc. required for execution of
job are in scope of contractor.

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 59 of 60

 INDIANOIL CORPORATION LIMITED
(REFINERIES DIVISION)
PARADIP REFINERY

(TENDER NO.: PDC1H24387)

Detail of Annexures (Undertakings/Declaration)

Name of Work: Balance job of providing and fixing Crash Barriers at various locations in Paradip
Refinery, Paradip, Odisha (Phase-II).

Bidder to note that this tender document contains following Annexures which are to be filled by bidder for various
Undertakings/ compliances:

Sl. Annexure-No. Annexure Name Pages

No
1 Annexure-1 Undertaking from bidder from country shares land border 2
with India.
2 Annexure-2 Undertaking to protect security of Critical power Supply 1
System & network.
3 Annexure-3 Undertaking for Non-Submission of Multiple Bid. 1

4 Annexure-4 Performa for declaration on proceedings under 1

Insolvency and bankruptcy code, 2016

5 Annexure-5 Letter of Waiver 1

6 Annexure-6 Proforma for Declaration of NCLT/ NCLAT/ DRT/ DRAT/ 1

Court Receivership / Liquidation

Techno-Commercial Bid document (Tender no. PDC1H24387) Page 60 of 60