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Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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Tender fees
Sales tax/VAT/ Work
Contract tax
RCC/NR/DSO/OPS/PT-114/2016-17
From : 06/05/2016 at 11:00 hrs
To : 03/06/2016 at 11:00 hrs
At 11.00hrs on 16/05/2016 at 3rd Floor, RCC, NR,
Indian Oil Bhawan, Yusuf Sarai, NR
From 20/05/2016 @ 11.00 hrs
Upload till : 03/06/2016 upto 11:00 hrs
Opening on : 06/06/2016 at 11:00 hrs
Rs.124,71,732/Annual Rate Contract of regular M&R works at
Panipat Marketing Complex
Two Year and will be extended for further one
more year on sole discretion of IOCL.
Rs.41,572/Shall be paid Online Only. No interest shall be paid
on EMD).
Exemption from submission of EMD:
Parties as per MSME act, 2006 / NSIC registered
parties. The certificate shall be valid on the date of
tender opening and must cover the service to be
rendered.
PSUs (Central & State) and JVs of IOCL, are also
exempted for payment of EMD.
NIL
Shall be deducted as per prevailing rules. The party
must quote rates inclusive of all taxes /statutory
levies except Service Tax which shall be paid extra
as per actual.
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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This is an e-tender and the tenderer must register itself on the site using digital signatures and
should use such registration for itself. No manual tenders shall be accepted.
4. Period of Contract: Total three years (initially for two years and extendable for one more
year at same rates terms & conditions at the sole discretion of IOCL).
5. Security Deposit(SD)/agreement: Successful tenderers would be required to submit
security deposit of 10% of the work order value as specified in the tender and enter into
standard agreement on Non-judicial stamp paper of Rs. 100 /- with IOCL, in a manner specified
in the tender, within 15 days of the issue of letter of acceptance (LOA).
6. Validity of quoted Rates: 180 days from the last date of submission of tender unless
extended by mutual consent in writing. In case of successful bidder/s the rates will remain firm
for the entire period of contract subject to escalation/de-escalation mentioned in the tender.
8. Eligibility Criteria:
a) The party should have done similar work/contracts in a reputed organization. Similar
work means Upkeep/maintenance of mechanical equipments at locations
handling petroleum products. Experience of having successfully completed similar
works during last 5 (Five) years upto 30.04.2016, should be either of the following:
Three similar completed works each costing not less than Rs. 12.47 lacs
Or
Two similar completed works each costing not less than Rs. 16.63 lacs
Or
One similar completed work costing not less than Rs. 20.79 lacs
The completion date of the work order(s), including its extensions, must fall within the
qualifying period as mentioned above upto 30.04.2016. The value of final executed work(s)
against the respective work order, shall be considered as qualifying parameter, irrespective of
the work order value. Parties should have completed the works for entire duration of the firm
period of the original works work order. In other words if party was awarded the initial work
order for duration of say 2 years and later extended for any duration after two years, then the
party should have completed original firm period of two years with the above value(s) of works
even if extended period of the same contract is still running.
In case party does not meet the value(s) orders by initial firm period experience then, they can
club the extended period of the order provideda. The extended work order contains the reference for continuation of original work order
and
b. The extended period is also completed.
Clear documentary proof of completion of work has to be uploaded to meet above criteria; such
documents may be as per following
a. Work Order copy(ies) and
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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Completion certificates from the client against respective completed similar work(s) which
should inter-alia include work order reference & date , completion date , completed value of
work .
b)
9. Opening of Tender:
a) The Technical Bids of only those parties submitting their tenders and EMD before due date
and time, shall be opened electronically as per the above mentioned date and time. The
tenderers may log on the e-tender website to get the details of the bid opened after the date &
time mentioned.
b) After scrutiny of the Technical bids, the eligible tenderers shall be notified through e-mail
regarding date and time for opening the Price Bids. The tenders including the Price Bid shall be
remain valid for 180 days from closing date unless extended by mutual consent in writing.
c) IOCL reserve the right to accept or reject any or all the tenders in part or in totality, or to
negotiate with any or all the tenderers, or to withdraw/cancel/modify this tender without
assigning any reason whatsoever, or to accept some or all of the bids.
10. METHODOLOGY TO BE FOLLOWED IN FINALIZATION OF TENDER:
Only the Technical Bid, of those parties submitting their tenders before due date and
time of submission, shall be opened on the due date & time of opening.
The tenders will be rejected if requisite EMD not submitted online, on or before the due
date/ time of submission.
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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The offers shall be scrutinized and evaluated based on the qualifying parameters
mentioned above, requisite credential certificates uploaded and verification of the
credential documents.
The Price Bid of only those parties shall be opened who qualify as per qualifying
parameters after evaluation as mentioned above. Prior intimation will be sent to the
qualifying parties regarding due date and time of opening of Price Bid.
The bidder has to quote price inclusive of all taxes, except service tax which shall be
payable extra as applicable and the lease price quote will be considered as L1 for
award of work with or without negotiation as per the policy of the corporation.
The tender shall be called on percentage basis and the least percentage quote will
be considered L1 for award of work with or without negotiation as per the policy of
the corporation. In case, two or more parties quote same percentage, the party with
highest annual average turnover of the three financial years as mentioned above,
(As per detailed NIT) shall be awarded work. The highest average turnover of the
last three financial years will be considered while comparing the turnover of the
parties. In case the quoted percentage rate and average turnover as stated above
also happens to be same, party with higher value of executed work orders shall be
considered for award of work.
Original verification of Documents: Tenderers shall be required to bring original
documents pertaining to qualifying parameters and other documents for verification
from 09.06.2016 to 15.06.2016 and no separate intimation shall be sent. However,
if any party cannot attend the paper verification as per the mentioned date, they
may request for allowing alternate date which can be decided as per mutual
convenience. Such requests for change of date shall be received before the
scheduled date as mentioned in the tender document. However, the paper
verification shall be completed on the revised date. Those who do not come to our
office for paper verification as per the schedule given in the tender/ revised
schedule if requested, it shall be considered that they are no more interested in this
tender and their offer shall not be considered further.
11. The tender shall stand summarily rejected inter-alia on following grounds:
a) Non-submission of EMD within due date & time
b) Party is holiday listed or black listed
c) Tenderer submitted fabricated/forged documents along with tender documents
d) Non-withdrawal of conditions & non-acceptance of Indian Oils offered rates during
negotiations post price bid meeting.
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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It is for the information of the bidder that negotiations will not be conducted with the bidders as
a matter of routine. However, Corporation reserves the right to conduct negotiations. In case of
negotiations, confirmation of the negotiations should be received from the bidder within 07 days
from the date of negotiations failing which the Corporation reserves the right to ignore the
quotation.
In case of irreconcilable conflict in technical matters between the provisions in the separate
contract documents concerning or governing the same aspect precedence shall be given to the
provisions contained in the documents mentioned below in the order in which they are set out
below:
Minutes of Pre Bid Meeting
Notice Inviting Tender
Formal contract
Acceptance of tender
Price Bid
Price schedule annexed to the letter of acceptance
Agreed variations annexed to the letter of acceptance
Addenda to tender documents
Special terms and conditions of contract
Special instructions to tenderers
Instructions to tenderers and particular conditions of contract
General conditions of contract.
Any variation or amendment issued after the execution of the formal contract shall
take precedence over the formal contract and all other Contract Documents.
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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Tender No.
: RCC/NR/DSO/OPS/PT-114/2016-17
We confirm that we have quoted the rates in the tender considering Inter-alia the
1. Tender Document(s)
2. Additional Document(s) (if any)
3. BOQ Document (Price Bid Format)
4. Corrigendum (if any)
5. Pre Bid Meeting Minutes (if any)
We ________________________________________________________ (Name of the Tenderer) hereby
certify that we have fully read and thoroughly understood the tender requirements and accept all
terms and conditions of the tender including all corrigendum/addendum issued, if any. Our offer is in
confirmation to all the terms and conditions of the tender including all corrigendum/addendum, if any
and minutes of the pre-bid meeting. In the event our offer is found acceptable and contract is awarded
to us, the complete tender document shall be considered for constitution of Contract Agreement.
SIGNED FOR AND ON BEHALF OF TENDERER(S)
Name of Tenderer(s)
Date : _ _/_ _/_ _ _ _
Place :
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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FROM:
M/S ---------------------------------------------------------------------------- (Name and address of the tenderer)
TO
DGM (Contract Cell),
Regional Contract Cell, NRO
3rd Floor, Indian Oil Bhawan
No.1, Sri Aurobindo Marg
Yusuf Sarai, New Delhi-16
Dear Sir,
Sub: Tender for Maintenance & Repair of Safety equipments, Tanks, Pipelines, valves, Structures and
other miscellaneous jobs at Panipat Marketing Complex (Ref. No. : RCC/NR/DSO/OPS/PT-114/2016-17) With
reference to your subject tender, we confirm having carefully read, studied and understood various
conditions/documents supplied with the tender and return them duly signed and stamped for having
accepted in toto. We also submit our offer digitally signed as per details given here under:
Tick Y- For document enclosed
Tick N- For document not enclosed
Sr.
Heading
Tick
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
15
16
2014-15
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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Y/N
Y/N
19
Y/N
20
Y/N
Y/N
I am / we are authorized to sign this tender as Proprietor or as per power of attorney issued by all other
Partners/ Directors as per enclosure no.--------------Thanking you,
Yours faithfully,
Place:
Date:
Signature:
Name of person signing
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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Annexure-I
1. Tenderer should study the Tender Documents carefully before quoting. The tenderer should also visit
the site and acquaint themselves with the working conditions, and location of various facilities.
2. The tenderer should understand the tender contract conditions, works requirement etc. before
quoting. If there is any doubt, they should get clarifications, but this shall not be the justification for late
submission of tender or extension of opening date.
3. The tenderers willing to accept terms and conditions of the tender should only quote. Tender with
counter conditions shall not be considered.
4. Tender documents are non-transferable and tender has to be submitted by the party in whose name
tender has been downloaded from tender website.
5. Tender document should be submitted only in the prescribed tender schedule form supplied by the
Corporation, digitally signed.
6. EMD instrument must be online or submit EMD exemption certificate as given in NIT.
7. Conditional tender are liable to be rejected. Tenderer must clearly understand that they will be
required to strictly comply with the scope of work and conditions of the contract as contained in each of
its clauses and that the plea of custom prevailing will not on any account be admitted as an excuse on
his part for not complying with any of the conditions.
8. The Corporation reserves the right to accept or reject any or all the tenders without assigning any
reason whatsoever. The contract can be divided among two or more parties.
9. Corporation also reserves the right to appoint parallel contract at any time or subsequently without
giving any notices whatsoever to the contractor/s appointed against this tender.
10. Documents showing constitution of the firm viz. photo state copy of the partnership deed/
incorporation certificate from the registrar of companies may be enclosed. Any subsequent change
should be intimated.
11. NEAR RELATIVES of an officer responsible for award and execution of this contract in the corporation
are not PERMITTED to quote. Tenderers shall also be obliged to intimate this corporation the name of
persons who are near relatives of any officer of this corporation or the state or central Govt. and who are
working with tender in their employment or are subsequently employed by them.
Any violation of this condition, even if detected subsequent to the award of contract, would tantamount
the corporation to all right and remedies available thereof.
12. Contractor will make payments as per the minimum wages Act and by 7 th of next month. Payment
shall have to be deposited in the bank account of individual worker. Photocopy of acknowledged copy of
statement showing worker wise payment and cheque given to bank for the purpose along with the bank
statement of account shall be submitted by 7th of the month.
In event of wages not being paid timely i.e. by 7th of the subsequent month and statutory compliance not
completed by the due date, the contractor will be penalized at a rate of Rs 10,000/- per week for the
delay or part thereof till the payment is actually made to the contract labourers, subject to maximum of
10% of monthly bill. This amount of penalty shall be recovered in next running bill. In case of final bill,
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
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the payment shall be released after wage disbursement and statutory compliance as per dates given
above. The penal amount shall not be distributed to the labourers as this is the additional administrative
cost incurred by the Corporation due to notice from labour authorities, complaint redressal and expenses
to attend meetings in this regard.
In case disbursement of wages to the labourers is not made by contractor within 7 th days of the
completion of the month, Corporation also reserves the right to make payment to the labour totally at the
risk and cost of the contractor and same shall be deducted from the contractors bills.
13. The Contractor shall be responsible for strict compliance and shall ensure strict compliance by its
supervisor, servants and agents of all laws, rules or regulations having the force of law affecting the
relationship of employer and employee between the Contractor and their respective employees and/or
otherwise concerning Labour social welfare and provident fund pension, bonus, gratuity and other
benefits like safety shoes, helmet, uniform etc. to employees. Labour will be allowed to work only with
proper uniform, safety shoe and helmet as per work requirements. Without prejudice to the generality of
this provision, the Contractor shall comply with and ensure that his supervisors and other agencies
employed by him comply with the provisions of the Payment of Wages Act 1936, Minimum Wages Act,
1948, Employers Liability Act, 1938, Workmens Compensation Act, 1923, Industrial Disputes Act, 1947,
Maternity Benefit Act, 1961, Mines Act, 1952, Contract Labour (Abolition & Regulation) Act, 1970,
payments of Bonus Act, Gratuity Act, Factories Act and the Employees Provident Fund and Miscellaneous
Provisions Act, 1952 as amended from time to time and all rules, regulations and schemes framed there
under from time to time.
Three similar completed works each costing not less than Rs. 12.47 lacs
Or
Two similar completed works each costing not less than Rs. 16.63 lacs
Or
One similar completed work costing not less than Rs. 20.79 lacs
b) The annual turnover of the tenderers during any of the preceding three financial years (2012-13,
2013-14 and 2014-15) should be at least Rs. 24.94 Lacs.
15. Rates :
a) The tenderer should quote his rates for all items in the tender schedule.
b) The Tenderer should quote his rates in the tender form only & the rates should be unconditional.
c) The quoted rates shall be valid for a period of 180 days. No upward revision of rates will be
accepted after opening of the tender. Once the quotation is accepted and the work order placed
on the successful tenderer, the rates shall be valid throughout the tenancy of the contract.
d) If the offer is withdrawn by the tenderer by the said days the earnest money furnished against
the tender is liable to be forfeited.
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
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e) The corporation shall pay to contractor, for the operation of the said contract work at the rate
specified in the rate schedule.
16. EARNEST MONEY DEPOSIT
a) The tenderer shall submit Rs. 41,572 /-(Rupees forty one thousand five hundred seventy two only)
as EMD before due date & time. The earnest money can be paid in the following forms before
the specified time.
b) Online
c) Requests for adjustment of pending bills or credit towards earnest money will not be entertained.
d) The EMD paid against a tender is refundable to the unsuccessful tenderer on finalization of the
tender and after placement on and acceptance of order by successful tenderer. The unsuccessful
tenderer will be intimated immediately after the finalization of tenders/placement of work order
and the earnest money will be returned to them on submission of cash receipts along with their
written request.
e) Entities exempted from submission of EMD: As per MSMED Act, 2006 (or erstwhile NSIC
Registered Parties) provided party is registered for the similar nature of works as in the tender
(mentioned in their certificate), Central / State PSUs and JVs of IOC.
h) No interest is payable on the earnest money deposited.
i) The earnest money is liable to be forfeited in case of tenderer after submission of bid.
a. backs out or modifies the quotation.
b. Does not submit signed copy of LOA within 15 days of issuance.
c. Does not submit Security Deposit within 15 days of issue of LOA.
d. Does not enter into standard agreement with IOCL within 15 days of issue of LOA
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
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c) Security deposit would be refunded only after satisfactory completion of the contract tenure provided
there are no claims against the contractor and on a written request from the contractor which should
accompany each receipt issued by us.
d) No interest is payable on security deposit.
18. TECHNO- COMMERCIAL PART OF THE TENDER
All the enclosed documents, except the Price Bid, form part of the Techno-commercial bid. Necessary
information required for technical evaluation of the offer shall be filled in by the Tenderer along with
supporting documents.
19. POWER OF ATTORNEY
When the party signing the agreement is not the sole proprietor, the necessary power of attorney
authorizing the person who is acting on behalf of the Proprietor/Firm should be produced before
execution of the Agreement.
20. SUBMISSION OF DECLARATION
The contractor shall submit the Declaration A, B & C as applicable (attached herewith) while submitting
the quotation in technical bid, duly completed in all respects.
21. NEGOTIATIONS
a) The Corporation reserves the right to accept or reject any or all the tenderers without assigning any
reason thereof and to conduct negotiations in the manner considered suitable by the corporation in order
to secure clarification or better terms from the tenderer.
b) Before finalizing the contract, tenderer may be invited at short notice also for negotiation / verification
of documents.
c) Only the proprietor of the firm or duly authorized representative of the firm organization must
personally attend such negotiation, and discussions with them / commitments made or clarifications given
by them during negotiation should be binding on the tenderers.
d) Tenderers are advised to keep the following documents ready and bring them, in original, for
verification during negotiations.
1.
2.
3.
4.
5.
6.
7.
Tenderer are required to upload attested Photostat copies of the above documents in technical bid and
any other relevant document along with the tender form. If tenderer fails to fulfill the terms and
conditions of the tender form, the tender is liable to be rejected.
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
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ANNEXURE - II
1. EXECUTION OF WORK
Contractor should have experience of similar nature of job in a reputed organization. The contractor shall
submit on receipt of work order and before starting the work, name of the supervisor who shall be
responsible for taking the instructions from the corporations officer(s) in charge of various work places.
The acceptance of work done shall be basis of payment to contractor. The contractor shall not undertake
on his own any work and if so done shall not be considered for payment. The deployment of the
workmen by the contractor shall be done as per the instruction of the officer in charge during the day
depending upon the requirement on a particular day.
2. DEPLOYMENT OF MANPOWER
It shall be the responsibility of the Contractor to arrange sufficient number of manpower trained to do a
specific work. The contractor shall be responsible for the conduct and behavior of the persons employed
by him, and shall ensure that all the rules and safety instructions, restriction notified by the location in
charge are strictly complied with by his employees. The contract envisages requirement of skilled &
experienced fitter, welder, rigger, Driver, carpenter & plumber. The contractor should ensure availability
of quality manpower as per requirement of job & works listed in price bid. Decision of officer in charge in
this regard (quantity, quality & suitability of manpower) will be final & binding to the contractor.
The contractor will have to ensure that sufficient trained manpower is available at all the time including
some standby manpower to account for the absenteeism.
The contractor shall employ in the said location its / their own employees to carry out the works given in
this work order/ quoted in tender and it/they shall be liable to pay the salaries, leave, extended hours
payments, minimum payable bonus, gratuity and retirement benefits and all other required benefits and
legal dues payable to them. The contractor shall also comply with each and every provision of law
applicable to its / their employees, including obtaining of license of contract labor (regulation & Abolition)
Act, 1970 and the rules made there under, payment of minimum rates of wages etc. The Corporation
shall in no way be liable to pay any dues or claims payable on their behalf to the said employees nor will
those shall have any claim for employment in the organization of the Corporation while delivering and
handing over back the said location to the Corporation on the expiry of this agreement or on its earlier
termination.
The contractor shall indemnify and keep indemnified and save harmless the Corporation against all costs,
charges and expenses of whatsoever nature, which may be incurred by the corporation in this behalf.
3. WEEKLY OFFS AND WORKING HOURS
Hours of duty, weekly off, holiday, etc. for workmen deployed by the contractor will be governed as per
provisions of Factories Act and relevant statutory rules.
4. DAMAGE TO CORPORATIONS PROPERTY
Any damage caused to the equipment or existing facilities at the work place, by the contractors
employees while carrying out the work shall be made good by the contractor at his own cost, to the
satisfaction of location in charge. If such losses to the corporation are not made good by the contractor,
necessary recovery shall be made.
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5. OBSERVATION OF RULES
The contractor and his employee shall have to observe all rules for safety/security Gate Passes etc., as
advised by the location in charge from time to time.
6. PHOTO IDENTITY CARD
Within a reasonable time the contractor shall obtain character verification of his employees by the local
police and submit the same to the location in charge. Also, location in charge may deny entry to those
employees of the contractor who are not found trained to perform that particular work, or whose conduct
inside or outside the premises is found to be objectionable.
The contractor shall be required to get the photo identity cards printed in approved color and size, and
issued to all of his employees. Any of the contractors employees not carrying a valid identity card shall
not be allowed inside the Corporations premises.
7. STATUTORY RULES & REGULATIONS
The contractor will abide by the rules, regulations, byelaws and statutes etc., imposed by the
Government and other local authorities for execution of this job, and obtain registration or listed below:
a) License under Contract Labour (R&A) Act.
b) Payment of minimum wages applicable for various categories of works
c) Registration under Provident Fund Act and making necessary deductions and employers contribution
for depositing under PF Act.
d) Registration under ESI Act, and making necessary deductions and deposits under ESI Act.
e) Payment of Wages Act.
f) Workmens compensation Act.
g) Payment of Bonus Act
h) Factories Act/ rules.
The Contractor is obliged to prepare and maintain requisite records under various acts applicable and
keep the records at the work place for inspection. Also the contractor will be solely responsible for any
breach in terms of employment etc., between him and his workmen and the corporation shall have no
liability whatsoever.
8. PAYMENT OF WAGES
The contractor shall make payment of wages to all of his employees by 7 th of succeeding month as per
the provisions of Minimum Wages Act and these wages will be deposited in individual employees bank
account by contractor & proof of payment made to be submitted to Location in charge or an officer
nominated by him. As and when the rates of minimum wages are revised and declared by the Labour
Commissioner, Central or state, corresponding increase in the payment of minimum wages will be made
by the contractor to his workmen. Minimum wages applicable in this case will be higher of those issued
by Govt. of Haryana and that of Govt. of India, Ministry of Labour employment.
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As per the statutory requirement the contractor will also make all the payments like the Employers
contribution of ESI, PF, Minimum Payable bonus etc. If the contractor fails to pay any amount due
to the workmen or any statutory authority, the corporation will be at liberty to pay/deposit the same to
the concerned authority and adjust the same amount from the bill and security deposit of the contractor.
Attendance and payment record shall be maintained and kept in the prescribed form and shall be
presented for scrutiny whenever required. In event of wages not being paid timely i.e. by 7th of the
subsequent month and statutory compliance not completed by the due date, the contractor will be
penalized at a rate of Rs 10,000/- per week for the delay or part thereof till the payment is actually made
to the contract labourers, subject to maximum of 10% of monthly bill. This amount of penalty shall be
recovered in next running bill.
The Contractor shall be responsible for strict compliance and shall ensure strict compliance by its
supervisor, servants and agents of all laws, rules or regulations having the force of law affecting the
relationship of employer and employee between the Contractor and their respective employees and/or
otherwise concerning Labour social welfare and provident fund pension, bonus, gratuity and other
benefits like safety shoes, helmet, uniform etc. to employees. Labour will be allowed to work with proper
uniform, safety shoe and helmet as per work requirements. Without prejudice to the generality of this
provision, the Contractor shall comply with and ensure that his supervisors and other agencies employed
by him comply with the provisions of the Payment of Wages Act 1936, Minimum Wages Act, 1948,
Employers Liability Act, 1938, Workmens Compensation Act, 1923, Industrial Disputes Act, 1947,
Maternity Benefit Act, 1961, Contract Labour (Abolition & Regulation) Act, 1970, payments of Bonus Act,
Gratuity Act, Factories Act and the Employees Provident Fund and Miscellaneous Provisions Act, 1952 as
amended from time to time and all rules, regulations and schemes framed there under from time to time.
It shall be the responsibility of the contractor (party) to prove to the satisfaction of controlling officer,
that statutory dues have actually been deposited. This includes verification of same from website of the
concerned department.
The contractor is required to submit UAN numbers of all the workers within one month of start of
contract and submit the individual PF statements of all the workers on monthly basis to the Officer-incharge. The contractor is also required to get the permanent ESI cards issued to all the workers and
submit the copies of ESI cards to the Officer-In-charge.
9. ESCALATION CLAUSE:
Except for increase/decrease in minimum wages of worker issued by statutory body, no escalation/deescalation will be provided.
The total increase in monthly bill will be equivalent to the additional amount paid to the contract labour
based on revised minimum rates as finalized by the appropriate Govt. In case of any revision in the rate
of statutory minimum wages during the contract period, the contractor shall be compensated for the
additional implication arising out of the revision, including the implication on related statutory payment,
based on proof of payment to the contract workmen by the contractor i.e. Wage Sheet, PF Challan, ESI
Challan, etc. to establish the differential implication. The reimbursement will be limited to maximum 14
(Fourteen) number of contract labours (1 Highly Skilled Worker, 5 Skilled workers, 8 helpers) or number
of labourers employed as per wage register whichever is lower.
This clause will not be applicable to those cases in which the wages paid are more than statutory
minimum wages notified by appropriate Govt.
The minimum wage cut off on which escalation shall be applicable is Rs. 390/- per day and Rs. 10,140/per month for highly skilled worker; Rs.338.38/- per day and Rs.8797.95/- per month for skilled worker
and Rs. 292.31/- per day and Rs. 7600/- per month for unskilled worker as per Haryana State Govt.
notification.Under no circumstances the additional outgo on account of wage escalation shall be more
than the wage bill amount differential during the month as per old rates and revised rates.
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All tools and tackles for performing the work shall be managed by the contractor at his own cost. If the
contractor fails to provide required numbers of tools as per instruction of Officer-in-charge, Standard
electrodes of reputed brand permitted by officer in charge to be used for welding purpose. Spares &
electricity/water will be provided by corporation; however consumables like cutting gas, welding
electrodes will be in contractors scope.
14. WASTE DISPOSAL
Contractor shall dispose of all waste generated and encountered in housekeeping and maintenance
works, such as papers, rags, oil soaked, silk, dry glass, weeds, kitchen waste, etc. at his cost. The
disposal shall be done outside the premises as directed by the location in charge.
15. DELIVERY AND DISPATCH OF MATERIAL
Once the dispatch document is given to the contractor for taking delivery of material from the transport
agency, it will be the responsibility of the contractor to take timely delivery of the material. In route taxes
or duties paid on the material by the contractor shall be reimbursed against proof of payment.
Also the contractor shall make good to the corporation any losses arising from the following.
a) Confiscation by the Government or local authority due to violation of any law by the contractor.
b) Mishandling of goods or damage due to any other reason during loading, unloading and
transportation.
16. BILLING AND CERTIFICATION FOR WORKS
It will be the responsibility of the contractor to get the works approved and obtain certificate for all the
work done on daily basis from the officer in charge. These certificates shall be attached with the
summary of work done for getting payment. Payment shall be claimed as per the units of work specified
in schedule of rates. The bill forms shall be printed and prepared by the contractor and submitted to the
location in charge once in a month for payment. Following documents need to be enclosed with bill:
1. Copy of Attendance register and wage register duly signed and stamped by contractor for eligible
wages of contract workers should be enclosed.
2. ECR of PF to be ensured that wages are correctly taken w.r.t wage register and also all the
workers are covered in ECR.
3. Copy of ECR, TRRN and final proof of payment CRN to be ensured by the contractor and to be
enclosed with the monthly bill.
4. After the PF amount as mentioned in TRRN is deposited by the contractor in the bank and
amount is received by them, a document called CRN is auto generated in the system which
contains the reference of TRRN against which this amount is received. This CRN document
should be submitted along with the Monthly Bill as the final proof of PF remittance by the
contractor.
5. In no case ECR or TRRN to be treated as proof of PF remittance by contractor.
6. Copy of ECR of ESI and Challan of ESI to be enclosed with the bill.
17. QUANTUM OF WORK
All the works covered in the contract are not of permanent nature. Contractor shall be instructed to
perform specific items covered in the contract only when need arises for these works. Therefore there is
no guarantee for minimum quantum for any work.
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ANNEXURE - III
PARTICULARS OF FIRM'S CONSTITUTION
Please tick () in the correct box relating to your firm/organisation.
Is the tenderer, Proprietorship Firm/Partnership Firm/Private Ltd Co/Public Limited Co/any other.
If Proprietorship Name of Proprietor
Full Address:
Particulars of his other Business, if any
2. If Partnership Firm a) Name of Partners and their addresses
1.
2.
3.
b) Is partnership deed registered YES/NO
c) Date of registration and name of Registering Authority.
3. If Ltd., Co., under Indian Companies Act. 1965 Please state
Private Ltd. or Public Ltd.
Registered Office's Address
Date of Certificate of Incorporation
Authorized Share Capital.
Subscribed Share Capital.
Main business of the Company.
4. If any other type of constitution Please indicate full.
a)
b) Name & Address of Members/Directors/Chief Executives
1.
2.
3.
C) Registration particulars
d) Share capital
e) Any other business of the Firm.
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Qualification
Experience
10. Please give the deployment pattern for each description of schedule.
11. Please give specific confirmation for compliance of following requirements:
a) Contract Labour (R&A) Act, 1970 (pl. mention license no.).
b) Minimum wages Act, 1948 (pl. mention PF no.)
c) Employee Provident Fund & Misc. Provisions Act 1952.
d) Employee State insurance act, 1948.
e) Payment of wages Act 1936.
f) Workmens Compensation Act, 1923.
g) Equal Remuneration Act, 1976.
h) Payment of Bonus Act, 1965.
12. Detail of Income Tax return to filed for last 3 financial years (attach document).
Cerified that above information is correct. We understand that of the above information is found to be
incorrect, our offer is liable to be rejected and earnest money forfieted.
Date: Signature and seal of Tenderer
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Place:
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ANNEXURE -IV
Partnership
PART-B
PART-C
PART A
Part A
(Applicable where Tenderer is sole Proprietor
1.
Name of Tenderer
2.
Address
: Residential Office
3.
: Yes / No
:
Place :
Date :
Signature of Tenderer
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PART B
(Applicable where the tenderer is a Partnership firm)
1.
2.
Address
3.
Name of Partners
: YES / NO
5.
6.
: YES/NO
6.
Signature of Tenderer
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PART C
(Applicable where the tenderer is a Public/ Private Ltd. Co./ Co-operative Society
1.
2.
Address
3.
Signature of Tenderer
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DECLARATION 'A'
We have carefully studied the tender and submit our offer after having fully understood the same. We
hereby agree to aide by and fulfill all the Terms and Conditions incorporated in the Agreement which
should be deemed to form a part of this tender.
DATE:
PLACE:
Signature & Seal
DECLARATION 'B'
We declare that we do not have any employee who is related to any employee of the Corporation/
Central/State Government.
We have the following employees working with us who are near relatives of the Corporation/
Central/State Government.
Name of the employee of Name & Designation of the Officer of the Contractor the Corporation/
Central/State Government.
1. ______________________________________________________________________
2. ______________________________________________________________________
3. ______________________________________________________________________
4. ______________________________________________________________________
DATE:
PLACE:
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DECLARATION 'C'
The tenderer is required to state whether he is relative of any Director of our Corporation or the tenderer
is a firm in which Director of our Corporation or his relative is a Partner or his any other partners of such
a firm or alternatively the tenderer is a private company in which Director of our Corporation is a Member
or Director (the list of relative for this purpose given over leaf).
Place:
Date:
Signature of Tenderer with Seal
Note:
Strike out whichever is not applicable. If the Contractor employs any person subsequent to signing the
above declaration and the employees so appointed happen to be near relatives of an officer of the
Corporation/Central/State Government, the Contractor should submit another Declaration furnishing the
name of such employees who is/ are related to the officers of the Corporation/Central/State Government.
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LIST OF RELATIVES
A. PERSON SHALL BE DEEMED TO BE A RELATIVE OF ANOTHER IF AND ONLY IF
1. HE/SHE/THEY ARE MEMBER OF HINDU UNDIVIDED FAMILY OR
2. HE/SHE/THEY ARE HUSBAND AND WIFE OR
B. THE ONE IS RELATED TO THE OTHER IN THE MANNER INDICATED BELOW.
1. FATHER
2. MOTHER (INCLUDING STEP- MOTHER)
3. SON ( INCLUDING STEP-SON)
4. SON'S WIFE
5. DAUGHTER (INCLUDING STEP-DAUGHTER)
6. FATHER'S FATHER
7. FATHER'S MOTHER
8. MOTHER'S MOTHER
9. MOTHER'S FATHER
10. SON'S SON
11. SON'S SON'S WIFE
12. SON'S DAUGHTER
13. SON'S DAUGHTER'S HUSBAND
14. DAUGHTER'S HUSBAND
15. DAUGHTER'S SON
16. DAUGHTER'S SON'S WIFE
17. DAUGHTER'S DAUGHTER
18. DAUGHTER'S DAUGHTER'S HUSBAND
19. BROTHER (INCLUDING STEP-BROTHER)
20. BROTHER'S WIFE
21. SISTER (INCLUDING STEP-SISTER)
22. SISTER'S HUSBAND
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ANNEXURE VI
Or by any
against any partnership firm(s) in which I am or was at the relevant time involved as a
partner, except as indicated below:
(Here give particulars of blacklisting or holiday listing, an/or inequiry and in absence
thereof of state NIL)
In the case of a Partnership Firm:
We hereby declare that neither we, M/s.________________________,submitting the
accompanying Bid/Tender nor any partner involved in the said firm either in his
individual capacity or as proprietor or partner of any other firm or concern presently are
or within the past three years have been or has been placed on any blacklist or holiday
list declared by Indian Oil Corporation Ltd. Or by any department of Government
(State,Provincial, Federal or Central) or by any Public Sector Organization in India or in
any other country nor there is any pending inquiry by Indian Oil Corporation Ltd. Or bby
any Department of any Government(State,Provincial,Federal or Central) or by any
Public Sector Organization in India or in any other country, in respect of corrupt or
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fraudulence practice(s) against us or any partner or any partner or any other concern or
firm of which he is proprietor or partner,except as indicated below:
(Here give particulars of blacklisting or holiday listing and/or inquiry and in the absence
thereof state NIL).
In the case of Company:
We hereby declare that neither we or a parent, subsidiary or other company under
direct or indirect common parent(associate company) are presently nor have within the
past three years been placed on any holiday list or black list declared by Indian Oil
Corporation Ltd. Or by any Department of any Government(State, Provincial, Federal or
Central)or by any Public Sector Organization in India or in any other Country: and that
there is no pending inquiry by Indian Oil Corporation Ltd. Or by any Department of any
Government(State, Provincial,Federal or Central) or any Public Sector Organization in
any country against us or a parent or subsidiary or associate company as aforesaid in
India or in any other country, in respect of corrupt or fraudulent practice(s),except as
indicated below:
(Here give particulars of black listing or holiday listing and/or inquiry and in the absence
thereof state NIL)
It is understood that if this declaration is found to be false in any particular, Indian Oil
Corporation Ltd. Shall have the right to reject my/our bid, and if the bid has resulted in a
contract, the contract is liable to be terminated without prejudice to any other right or
remedy (including black listing or holiday listing) available to Indian Oil Corporation Ltd.
Place
Signature of Bidder
Date
Name of Signatory
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ANNEXURE VII
INDIAN OIL CORPORATION LTD. (M.D.)
DGM (Contract Cell),
Regional Contract Cell, NRO
3rd Floor, Indian Oil Bhawan
No.1, Sri Aurbindo Marg
Yusuf Sarai, New Delhi-16
Dear Sir,
This is to certify that nothing is payable by me/us to Corporation. In case it is found that some amount is
outstanding against me/us payable to corporation, the same may please be recovered from my/our bills
against this contract.
I/We am/are also agreeable to relieve my/our labourers for training pertaining to safety operations of
Terminal as required by corporation.
Thanking you,
Yours faithfully
Proprietor/Partner of Firm
Date:
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Annexure- VIII
(On non-judicial stamp paper of Rs.100/-)
INDIAN OIL CORPORATION LIMITED (MARKETING DIVISION)
CONTRACT AGREEMENT FORM
THIS
AGREEMENT
made
this
__________________________day
of
________20
two
thousand______________ between Indian Oil Corporation Ltd. (Marketing Division) A company
incorporated under the Companies Act 1956 and having its Registered office at Indian Oil Bhawan, G-9
Ali Yavar Jung Marg Bandra (East), Bombay-400051 hereinafter called the corporation ( which
expression shall include its successors and assigns) on the one part and M/s.
_________________________________________ Limited a company incorporated under the Indian
Companies Act __________________ and having its Registered Office at _______
_______________ Hereafter called the contractors (which expression shall include his heirs,
executors, administrators and assigns/partner or partner s for the time being constituting the said firm
their or his survivors and their respective heirs, executors, administrators and assign/its successors and
assigns of the other part. WHEREAS the Contractors is/are desirous of carrying out the work of a
haulage, clearing and forwarding agent for the Corporation and WHEREAS the Corporation has agreed to
appoint the Contractors upon the terms and conditions hereinafter recorded NOW THIS AGREEMENT
WITHESSTH AND IT IS HERE BY AGREED by and between the parties hereto as follows:
1) The contractors will provide all the equipment and manpower required for carrying out any of the
work assigned to them as detailed in schedule of rates attached hereto, by the corporation under this
contract by the Depot Superintendent /installation Manager or his down delegate authority at
___________________Depot/Installation.
2) The Corporation shall pay to the Contractors for the performance of the various works at the rates
specified in Schedule attached hereto. The said Schedule of Rates may be altered from time to time by
mutual consent of the parties and upon such amended schedule of rates being signed by the parties
hereto the same shall there upon from part of this agreement. Such amended schedule of rates shall
become effective as from the date specified in such amended schedule.
3) The contractors shall submit to the Depot Superintendent / Installation Manager bills every month by
a stipulated date and in the form prescribed by the Corporation to which the Contractors is/are attached.
4) That the compliance of all Government Rules and Regulation regarding employment and working
Conditions of personnel, including various statutory facilities shall be provided by the contractors. The
contractor will be responsible for any fines for non-compliance of any such rules.
5) The contractors shall maintain all records as required under the Factories Act/Payment Of Wages Act/
Workmen Compensation Act/Employees State Insurance Act or any other Act in force at that time. These
records will be open for inspection to the Corporations representative as and when required.
6) The contractors will be liable for any loss of damage to the Corporation, Corporations employee,
contractors employee or to any third party resulting from fire , leakage, negligence, explosion, accident
or any other cause in carrying out the work assigned to them and the contractors shall indemnity and
keep the corporation indemnified against any such losses or damage and shall pay to the Corporation
such amount as the corporation may be called upon by law to pay.
All labour, workmen and persons employed by the contractors own labour so that no service condition,
payment liabilities retrenchment, compensation or any other labour liability in respect of such persons
would attached to the corporative and the contractors will have to indemnify the corporation against the
same.
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7) The contractors will make good to the corporation any losses arising from: a) The confiscation by Government or local authorities of any goods delivered to the contractors for
transportation clearing forwarding.
b) Loading unloading or in transit. It is to be clearly understood that the property in the goods in
possession or power of the agent will remain in the sole and absolute property of the corporation
provided however that the said agents will liable for any loss of damage to the said goods and their
liability will not be merely that of a bill.
8) That the contractors agree to employ competent and efficient employees and operators to ensure that
work is done correctly. Any loss caused on account of contractors employees negligence or any other sub
agents excluding road transport employed by him, theft, default or any commission or conduct shall be
made good by the contractors. Contractors employees and representatives inside the corporations
depot/installation should confirm to the corporations working rules.
9) The contractors agree /agrees to clear / forward consignment by rail /road//air or water within a
reasonable time of being asked to arrange for the same. Any damage/stores / other charges levied by
the transporters or storage owners would be to the contractors account unless he or they able to prove
that they are not allowed sufficient time for carrying out the duties. The contractors will also be
responsible for the safe conduct of goods in transit with them.
10) In the event of the contractors failure to carry out the work assigned to them within a reasonable
time. The contractor shall be liable to make good to the corporation any extra expenses that may be
incurred by the corporation in making other arrangements for carrying out the work.
11) The rates specified in schedule attached here to or in substituted as provided here under will apply
under all working conditions and the contractors will not be entitles to any extra allowances.
12) Any octroi /terminal other taxes, wharfage or landing charges paid by the contractor will be
reimbursed by the Corporation on production of original receipt payment of demurrage and such other
charges which may
arise due to negligence/tardiness of the contractor shall nor be covered under the above unless such
payment are admitted by the corporation for reimbursement.
13) The contractor will deposit a sum of ______________ (Rupees ___________________
_______________________________________________ ), Which the corporation for the due
performance of the work corporation to appropriate the entire deposit or any part thereof against
damages, costs, charges or expenses arising out of the contractor failure to observe any of the terms and
condition of the contract. This is without prejudice to the other remedies under the law open to the
corporation.
14) The contractor shall be responsible for and shall pay any compensation to their employees payable
under the workmans compensation Act, 1923 & 1933 and the amendment thereto for the injuries
caused to the workman. The contractor shall be responsible for any pay the expenses for providing
medical treatment to any employees who may suffer any bodily injury as a result of accident. The
contractor shall be liable for the all payment to has there staff employed for the performance of carrying
out of the said work and the corporation shall in no event be liable or responsible for any payment and
the contractors shall keep the corporation the corporation indemnified against the same and from all
proceeding in respect thereof.
In every case in which by virtue of the provisions of section 12 sub section (1) if the workmens
compensation Act.1923 the corporation is obliged to pay compensation to a workman employed by the
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contractors in execution of the works the corporation will recover from the contractors the amount of the
compensation so paid and without prejudice to the rights of the company under section 12, subsection
(2) of the said act. The corporation shall be at liberty to recover such amount or any part thereof by
deducting it from the security deposit or from any sum due by the corporation to the contractors whether
under this contract or otherwise. The corporation shall not be bound to contest any claim made against it
under section12, subsection (1) of the said Act except on the written request of the contractors and upon
his giving to the corporation full security for all costs for which the corporation might become liable in
consequence of contesting such claim.
15) The corporation reserves the right to award parallel contract or to terminate this contract at any time
after giving one months notice.
16) In case of any dispute or difference arising out of this Agreement the matter shall be referred to the
sole arbitration of Director(Marketing) of contracting Corporation or to some officer of the Corporation
who may be nominated by the Director(Marketing) of contracting Corporation, whose decision shall be
final and binding on the contractor. The contractor has/have agreed to this reference knowing fully well
that the Arbitrator so agreed is the manager of the corporation and it shall not be opened to him /them
to challenge the reference and award on this ground.
17) The contract is valid for two years and extendable for one more year on the same rates, terms and
conditions at the sole discretion of IOCL.
18) The contractors shall pay E.S.I.C. Corporation (Employees) and shall be responsible for recovery and
remittance of employee contribution. The contractors shall maintain all records as stipulated under
E.S.I.C. Act.
19) Any goods in the custody or power of the contractors at the time of termination of contract by efflux
of time or by notice or otherwise however shall be handed over to the Corporation Property
20) The contract shall be valid w.e.f.__________________to___________________
Signed and delivered on behalf of the
INDIAN OIL CORPORATION LTD.
In the presence of
Witness:
Signed and delivered by the within
Named in the presence of
Witness:
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ANNEXURE-IX
From:
M/s:
(Contractor)
To,
M/s Indian Oil Corporation Ltd.
Sub: (1) Work order No..Dated:
(2) Agreement NO...Dated:...
THIS INDEMNITY BOND/UNDERTAKING executed at
This .day of ..20by
M/s..
hereinafter called The Contractor (which expression shall mean and include, of the context so admits
the partners or partner for the time being of the Firm and their of his respective heirs, executors and
administrators its successors and assigns in law) in favour of INDIAN OIL CORPORATION LIMITED A
COMPANY INCORPORATED UNDER THE companies Act, 1 of the 1956 and having its Registered Office at
Indian Oil Bhawan, G-9 Ali Yavar Jung Marg Bandra (East), Bombay-400051 hereinafter called the
corporation ( which expression shall include its successors and assigns law).
WHEREAS the corporation desirous of having executed certain Work Order No. Dated
.. issued by the Corporation on the contractor has caused drawing specification and bills of
quantity showing and describing the work to done prepared and the same have been singed by or on
behalf of the parties hereto and WHEREAS the contractor have agreed with the corporation to execute
and perform the said work specified in the said work order upon certain term and condition provided in
the agreement executed between the contractor and the Corporation and also contained in the general
condition of contract attached thereto.
AND WHEREAS the contractor are bound by law to comply with the provisions of various Labor Laws like
Minimum Wages act. 1948: Equal Remuneration Act. 1976: inter state Migrant workmen (Regulation and
abolition) Act 1970. Workmens Compensation Act, 1923; Employees State insurance Act as also the
Provident Fund Act providing for provident fund Scheme for laborer engaged by the contractor but in the
event of violation of the provision of various amenities and facility to the works under the different labor
laws. Not only the contractor but also the Corporation as the principal employer becomes liable for the
acts of omission and commission by the contractor.
IT IS THEREFORE THE INTENT OF THIS INDEMINTY BOND/UNDERTAKING BY THE CONTRACTORS to
identify and keep indemnified the Corporation as stated hereinafter.
1. The contractor hereby undertake to furnish a Certificate with regards to the number of laborers to the
employed by them in the Corporation other Organization throughout the country to the location in-charge
of the Corporation where the work is undertaken by the contractor.
2. The contractor hereby confirm and state that they are duly registered under the contract labor
(Regulation & abolition) Act, 1970 as amended from time to time and that they undertake to furnish a
certified copy of the requisite License obtained by the contractor from the competent authority to the
corporations representative.
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3. The contractor hereby undertake to keep proper records of attendance of his laborers and will give
opportunity to the officer of the Corporation to supervise the same and confer upon the Corporations
representative the right to counter-sign the said register if so required by the Corporation. The contractor
shall provide a copy of the pay sheets to the location in-charge of the Corporation nominated by the
Corporation for supervision of the payment of wages made to the labor by the contractor and also confer
the right on the Corporations representative to supervise the payment of the laborers on the spot
whenever required by the Corporation.
4. The contractors state that they are fully aware of the provisions of the Provident Fund Act particularly
with regard to the enrolment of the laborers as members of Provident Fund. The contractors further
confirm that they are aware of the provisions and that they are obliged to recover Provident Fund
contribution from the eligible laborers engaged by them and after adding their own contribution remit the
same to RPFC. The Contractors state and confirm that they are fully aware of their obligation to remit the
said amounts on account of Provident Fund to the RPFC within the prescribed period and that they have
obtained a separate code number from the Regional Provident Fund Commissioner which is bearing S.No.
.. dated from RPFC .
5. The contractors will afford all opportunities to the officers of the Corporation whenever required to
verify that the Provident Fund is actually deducted by the Contractors from the wages of the laborers and
the
same together with the contractors contribution has been duly remitted by the contractors to the
concerned PF Commissioner. The contractors also undertake to provide photocopy of the receipt issued
by the concerned P.F. commissioner for having received the P.F. contribution from the contractors.
6. In the event of location in charge of the corporation is not satisfied about the payment of wages made
and recovery of P.F. etc. form the laborers employed by the contractors. The contractors hereby agree
and authorized the corporation to with holds the payment of their bills till the contractors complete all
their obligations.
7. Notwithstanding the provisions contained in clause 4 above, the contractors hereby undertake and
authorize the corporation to recover dues payable by the contractors to the laborers employed by them
as also amounts on account of P.F. contribution. (including the contractors contribution) as also all losses,
damage, costs, charges, expenses, penalties from their bills and other dues including the security
amount.
8. The contractors hereby agree, confirm and declare that they have fully complied and will comply with
the provisions of various labor laws, particularly those referred to herein above and that no violation of
the provisions of various amen ties and facilities to the workers under different laws has been done by
them and in the event of any past or future violation of the various labor laws, the contractors shall
indemnify and keep the corporation duly indemnified against all losses, damage, costs, charges,
expenses, penalties suits or proceedings which the corporation may incurred, suffer or be put to.
9. The contractors herby agree that the aforesaid indemnity undertaking are in addition to and not in
substitution of the terms and conditions contained in the tender documents and the work order and also
the agreement executed by the contractors with corporation.
10. The contractors hereby confirm agree and record that this letter of undertaking and indemnity shall
be irrevocable and unconditional and shall be binding on their heirs, executors, administrators and legal
representatives and shall ensure for the corporations benefit and for the benefit of its successors and
assigns.
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11. That all question, issues, disputes and differences between the contractors and the corporation
arising under this indemnity bond/undertaking shall be referred to the arbitration in the same manner as
indicated in the contract dated .. Executed between the contractors and the corporation.
Yours Faithfully,
Date:
Witness (1)
(Full address)
Date:
Witness (2)
(Full address)
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ANNEXURE-X
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corporation by or on behalf of any person, body, authority whomsoever and whatsoever and all duties,
penalties, levies, taxes, losses, damages, costs, charges and expenses and all other liabilities of
whatsoever nature which the corporation may now or here after be liable to pay, incur or sustain by
virtue of or as a result of the performance or non performance or observance or noon observance by us
of any of the terms and condition of the contract. Without prejudice of the corporations other rights. The
corporation will be entitled deduct from any compensation or other dues payable to us, the amount
payable by the corporation as a consequence of any such claims, demands, costs, charges, and
expenses. The corporation shall not be responsible for death, injury or accidents to our employees, we
hereby agree to pay to the corporation such damages or compensation upon demand. The corporation
shall also not be responsible or liable for any theft, loss, damage or destruction of any property that
belongs to us or our employees lying in the corporation s premises from any causes whatsoever.
2. It is hereby declared that we are, for the purposes of this contract independent contractors and all
persons employed or engaged by us in connection with our obligation under the contract shall be our
employees and not of the corporation.
3. On the expiration of the contract or any earlier determination thereof, we shall forthwith remove our
employees who are on the corporation s premises or any part thereof failing which, our employees,
agents, servants etc. shall be deemed to be trespassers and on their failure to leave the corporations
premises. The corporation shall be entitled to remove all persons concerned (if necessary by use of force)
from entering upon the corporations premises.
4. We hereby undertake and declare that, in the event the workmen/ employees/ persons engaged by us
(the contractors employees) to carry out the purposes hereof, attempt to claim employment with the
corporation or attempt to be declared as employees of the corporation or attempt to become so
placed. Then on all such cases, we shall assist the corporation in defending all such attempts of the
contractors employees and we shall bear and pay solely and absolutely all costs, charges and expenses
including legal charges incurred or which may be incurred in defending all such attempt and in any
appeal; or appeals filed by the corporations therein or relating thereto and we hereby indemnify forever
the corporation against all such costs, charges and expenses including legal charges and against all and
any loss, expense or damages, whether recurring or not, financial or otherwise , caused to or incurred by
the corporation as a result of such attempt by the contractors employees.
5. It is hereby agreed that the corporation shall be entitled to set off any debt or sum payable by us
either directly or as a result of vicarious liability to the corporation against any monies payable or due
from the corporation to us or against any monies lying or remaining with the corporation and belongings
to us or any of our Partners or Directors.
6. That we are presently not under blacklisting/Holiday listing by any PSU Oil Company.
7. We further confirm that in case, the information given above is found to be incorrect, we will be liable
for any action under the terms of the tender/contract including termination of the contract and forfeiture
of the earnest Money/Security Deposit.
8. We also undertake that should there be any action against Corporation resulting in damages of whatso-ever nature to Corporation on account of award of contract in our favour on the basis of
misinterpretation, we shall keep the Corporation completely indemnified against all the losses/damages,
litigations, court actions etc.
Contractors Signature or Authority Attorney
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
To be witnessed by Notary
Page 41
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ANNEXURE-XI
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
Page 42
of 45
from its liability under these presents and the liability of the Bank hereunder shall remain in full force and
effect notwithstanding any exercise by the Corporation of the liberty with reference to any or all the
matters aforesaid or by reason of time being given to the TENDERER or any other forbearance, act or
omission on the part of the TENDERER or of any indulgence by the Corporation to the TENDERERs or of
any other act, matter or thing whatsoever which under the law relating to sureties or otherwise which
could but for the provision have the effect of releasing the Bank from its liability hereunder or any part
thereof and the Bank hereby specifically waives any and all contrary rights whatsoever.
iii) The obligations of the Bank to the Corporation hereunder shall be as principal to principal and shall be
wholly independent of the contract and it shall not be necessary for the Corporation to proceed against
the TENDERER before proceeding against the Bank and the Guarantee/Undertaking herein contained
shall be enforceable against the Bank notwithstanding the existence of any other Guarantee/undertaking
or security for any indebtedness of the TENDERER to the Corporation (including relative to the said
Security Deposit) and notwithstanding that any such undertaking or security shall at the time when claim
is made against the Bank or proceedings taken against the Bank hereunder, be outstanding or unrealized.
iv) The amount stated by the Corporation in any demand, claim or notice made with reference to this
guarantee shall as between the Bank and the Corporation for the purpose of these presents be conclusive
of the amount payable by the Bank to the Corporation hereunder.
v) The liability of the Bank to the Corporation under this Guarantee/undertaking shall remain in full force
and effect notwithstanding the existence of any difference or dispute between the TENDERER and the
Corporation, the TENDERER and the Bank and/or the Bank and the Corporation or otherwise howsoever
touching or affecting these presents for the liability of the TENDERER to the Corporation, and
notwithstanding the existence of any instructions or purported instructions by the TENDERER or any
other person to the Bank not to pay or for any cause withhold or defer payment to the Corporation under
these presents, with the intent that notwithstanding the existence of such difference, dispute or
instruction, the Bank shall be and remain liable to make payment to the Corporation in terms hereof.
vi) The Bank shall not revoke this undertaking during its currency except with the previous consent of the
Corporation in writing and also agrees that any change in the constitution of the TENDERER or the Bank
or the Corporation shall not discharge the Banks liability hereunder.
vii) Without prejudice to any other mode of service, a demand or claim or other communication may be
transmitted by fax. If transmitted by fax, the transmission shall be complete as soon as acknowledged by
bank.
viii) Notwithstanding anything contained herein:
(a) The Banks liability under this guarantee/undertaking shall not exceed (Amount in figures & words):
(b) This guarantee/undertaking shall remain in force up to _______and any extension(s) thereof; and
(c) The Bank shall be released and discharged from all liability under this guarantee/undertaking unless a
written claim or demand is issued to the Bank on or before __________ or the date of expiry of any
extension(s) thereof if this guarantee/undertaking has been extended.
ix) The Bank doth hereby declare that Shri (Name of the person signing on behalf of the Bank) who is
_______________ (his designation), is authorized to sign this undertaking on behalf of the Bank and to
bind the Bank hereby.
Dated this ________ day of _____ 20_ .
Yours faithfully,
Signature:
Name & Designation:______________
Name of the Branch:_______________
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
Page 43
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ANNEXURE-XII
3.
5.
7.
9.
11.
Shri B Ashok
Chairman
Indian Oil Corporation Limited,
Corporate Office,
Plot 3079/3
Sadiq Nagar, JB Tito Marg
New Delhi-110049
Shri Debasis Sen
Director (P & BD)
Indian Oil Corporation Limited,
Indian Oil Bhawan
No.1, Sri Aurobindo Marg
Yusuf Sarai
New Delhi - 110016
Shri Cherian Verghese
Director (Human Resource)
Indian Oil Corporation Limited,
Corporate Office,
Plot 3079/3
Sadiq Nagar, JB Tito Marg
New Delhi-110049
Shri B.S. Canth
Director (Marketing)
Indian Oil Corporation Limited,
(Marketing Division)
Indian Oil Bhawan
G-9, Ali Yavar Jung Marg
Bandra(East)
Mumbai- 400 051
Shri Ashutosh Jindal
Joint Secretary (M)
Ministry of Petroleum & Natural Gas
Shastri Bhawan,
New Delhi-110001
Shri Sanjay Kapoor
SCO 3, First Floor, Sector-11,
Panchkula 134112
Haryana
2.
4.
6.
8.
10.
12.
Updated list, as on last date of submission of bid may be verified from website
www.iocl.com
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
Page 44
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Name of Work : Annual Rate Contract of regular M&R works at Panipat Marketing Complex
Tender No.: RCC/NR/DSO/OPS/PT-114/2016-17
I/We hereby declare that
a) We are committed to elimination of child labour in all its forms
b) Neither We nor any of our nominated sub-contractor(s) are engaging Child Labour in any
of our work(s) in terms of the provisions of The Child Labour (Prohibtion & Regulation)
Act 1986 & other applicable laws.
c) We as well as our nominated sub-contractor(s) undertake to fully comply with provisions
of The Child Labour (Prohibtion & Regulation) Act 1986 & other applicable Labour laws,
in case the work is awarded to us.
d) It is understood that if I/We, either before award or during execution of Contract, commit
a transgression through a violation of Article b/c above or in any other form, such as to
put my/our reliability or credibility in question, the Owner is entitled to disqualify us from
the Tender process or terminate the Contract, if already executed or exclude me/us from
future contract award processes.position and duration of the exclusion will be
determined by the severity of transgression and determined by the Owner. Such
exclusion may be for a period of 1 year to 3 years as per the procedure prescribed in the
guidelines for holiday listing of the Owner.
e) I/We accept and undertake to respect and uphold the Owners absolute right to resort to
and impose suc exclusion.
Place :
Signature of bidder
Date :
Name of Signatory
Tender no :RCC/NR/DSO/OPS/PT114/2016-17
Due Date & Time: 03.06.2016 at 11:00hrs
Page 45
of 45
Name of Work : Annual Rate Contract of regular M&R works at Panipat Marketing Complex
Tender No.: RCC/NR/DSO/OPS/PT-114/2016-17