Beruflich Dokumente
Kultur Dokumente
Important Notice
The contents of this RFP and all subsequent communications by Reliance Industries Limited
are strictly confidential and must not be disclosed to third parties.
REQUEST FOR PROPOSAL
TABLE OF CONTENTS
A) INSTRUCTIONS TO BIDDERS
ATTACHMENTS
B) FORM OF CONTRACT
D) EXHIBITS
CONTENTS
1. INTRODUCTION.................................................................................................................... 5
2. DEFINITION OF TERMS ....................................................................................................... 5
3. ACKNOWLEDGEMENT OF RECEIPT OF RFP BY BIDDERS ............................................ 6
4. GENERAL INSTRUCTIONS .................................................................................................. 6
5. TWO BID SYSTEM ................................................................................................................ 6
6. ADDENDA TO RFP ............................................................................................................... 8
7. INSTRUCTIONS REGARDING RFP..................................................................................... 9
8. PRICE................................................................................................................................... 10
9. CURRENCY OF BID ............................................................................................................ 10
10. VALIDITY PERIOD OF BID AND CLARIFICATION OF PROPOSAL ................................ 10
11. SUFFICIENCY OF BID ........................................................................................................ 11
12. BID BOND ............................................................................................................................ 11
13. PERFORMANCE SECURITY.............................................................................................. 11
14. PARENT COMPANY GUARANTEE ................................................................................... 11
15. INSTRUCTIONS FOR FURNISHING BANK GUARANTEES ............................................ 12
16. CUSTOMS NOTIFICATION ................................................................................................ 12
17. BID DUE DATE .................................................................................................................... 12
18. SUBSTANTIAL RESPONSIVENESS .................................................................................. 13
19. RIGHT TO ACCEPT OR REJECT BID AND COSTS ......................................................... 13
20. EVALUATION OF BIDS ....................................................................................................... 13
21. AWARD ................................................................................................................................ 13
22. SIGNING OF CONTRACT ................................................................................................... 14
23. SUPPLY CONTRACT / SERVICES CONTRACT ............................................................... 14
24. CORRESPONDENCE / INQUIRY ....................................................................................... 14
26. GENERAL ............................................................................................................................ 15
27. GOVERNING LAW & JURISDICTION ................................................................................ 15
28. QUALITY ASSURANCE ...................................................................................................... 15
29. CONFIDENTIALITY ............................................................................................................. 16
30. DISCLAIMER ....................................................................................................................... 16
INSTRUCTIONS TO BIDDERS
1. INTRODUCTION
1.1 Pursuant to the terms of a contract with Government of India, Reliance Industries
Limited (the “RIL”) as sole operator will explore and develop the block(s).
1.2 RIL invites companies, joint ventures or consortia (each a “Bidder”) to submit bids
(each a “Bid”) in accordance with this RFP for PROVIDING WORK OVER RIG
SERVICES WITH ROTARY DRIVE.
2. DEFINITION OF TERMS
2.1 Defined terms used in these Instructions to Bidders shall have the meaning set forth
below or, if not set forth below, as set forth in the Contract:
3.2 If a Bidder does not intend to submit a bid, then it is required to return this RFP to the
RIL or confirm that the RFP package has been destroyed (each at the option of the
RIL). All copies of the RFP (whether contained in electronic format or in hard copy)
shall remain the property of the RIL. All copies of the RFP shall be returned to the
RIL immediately upon demand by the RIL.
3.3 This RFP is not an offer capable of acceptance and its issue shall not bind the RIL, or
be capable of binding the RIL, in any way whatsoever. Neither the RIL nor its
advisors or consultants makes any representation whatsoever with respect to the
contents of this RFP and whether or not it will accept any Bid received from a Bidder
(which it may decide not to do so in its absolute discretion).
4. GENERAL INSTRUCTIONS
4.1 Bidders are requested to refer to the Scope of Work/Services to ensure that they fully
understand the Work put out to tender under this RFP.
4.2 While formulating their proposal, Bidders shall have full regard to these Instructions
to Bidders and all other annexures, schedules, exhibits and attachments hereto.
4.3 Bidders may seek clarifications on any part of the RFP and other bid documents.
However, all such clarifications must be received no later than seven (7) days prior to
the Bid Due Date. RIL shall not accept any requests for clarifications thereafter.
4.4 Once a Bid is submitted, no changes will be permitted after the Bid Due Date, except
where a clarification is sought by RIL or the exceptions sought in the Bid are
withdrawn by the Bidder.
5.1 This RFP adopts a "Two Bid System" and Bidders are required to submit their offer in
two (2) separate parts, namely “Unpriced Techno Commercial Bid” and “Priced
Commercial Bid”. The “Unpriced Techno Commercial Bid” shall be submitted in 2
copies (1 original and 1 copy). The original and copy shall be marked as “Original:
Unpriced Techno Commercial Bid” or “Copy: Unpriced Techno Commercial Bid”, as
the case may be. The “Priced Commercial Bid” shall be submitted in one original to
RIL at RIL Submission Address provided in clause 5.7 below.
5.2 Both parts must be submitted in separate sealed envelopes (“hard copy”) super-
scribing the RFP number, Bid Due Date and the relevant part of the Bid i.e. “Unpriced
Techno Commercial Bid” or “Priced Commercial Bid”, as the case may be. Both
sealed envelopes containing unpriced and priced Bids should be placed in a bigger
sealed envelope. The envelope containing the Bid should be superscribed as:
Bidder : …….…………………..
RFP no : …….…………………..
Description of RFP : …….…………………..
Bid Due Date : …….…………………..
(Both Unpriced Techno
Commercial Bid and Priced Commercial Bid)
Bidders are also required to furnish to RIL the complete Unpriced Techno
Commercial Bid in electronic form (“soft copy”), on a compact disc/pen drive.
In the event that there is any inconsistency, ambiguity or conflict between the hard
copy and the soft copy, the hard copy of the Bid shall prevail.
Bids, including the compact disc/pen drive shall become the property of RIL, upon
submission.
5.3 The Unpriced Techno Commercial Bid shall contain all the attachments, except
that the price information shall be left blank. Technical and commercial exceptions/
deviations, if any, shall be listed in the format enclosed as Attachment 2. However,
no cost impact of these exceptions shall be stated in the Unpriced Techno
Commercial Bid. Wherever Bidder is required to provide price / price
information, Bidder shall indicate “QUOTED” in place of price.
As part of the Unpriced Techno Commercial Bid, Bidders are required to furnish full
details of:
(g) experience of work on sites when there are more than one contractor.
If the Bidder is consortium, each member of the consortium must separately provide
the details set out above in this Section 5.2(a) to (g) together with audited balance
sheets and profit and loss statements for the preceding three financial years.
5.4 The Priced Commercial Bid shall contain Bidder’s exceptions/deviations (see
Attachment 2) indicating the cost impact of the exceptions/deviations to this RFP
taken by Bidder, if any, shall also form a part of the Priced Commercial Bid. If no
cost impact is specified by Bidder against an exception/ deviation and the
exception/ deviation is not accepted by RIL, Bidder shall, immediately at the
request of RIL, withdraw the exception/ deviation, without any increase in the
quoted Bid price.
5.5 The Bidder shall submit, along with the document comprising the Bid, certified copies
of any pre-bid agreements and/or arrangements entered into between the Bidder and
any subcontractor that the Bidder is likely to use, or has conditionally contracted, to
undertake part of the Scope of Work.
5.6 Once a Bid is submitted to RIL, changes by Contractor to the submitted Bid including
exceptions/ deviations and/ or the quoted price shall be permitted until the Bid Due
Date. If Bidder wishes to submit any changes, it shall do so by resubmitting the
whole Bid to RIL in the manner specified in Section 5 and elsewhere in this RFP,
together with one copy of the whole Bid clearly indicating by way of mark-up those
changes which have been made. By way of notes to the mark-up, Bidder shall
explain the reason for its changes to the previously submitted Bid. RIL shall retain
ownership of the original Bid notwithstanding that the Bid has subsequently been
changed and resubmitted.
No changes to the Bid (including exceptions/deviations and/or the quoted price) shall
be permitted after the Bid Due Date. Any such step by Bidder may lead to summary
disqualification from the tendering process and encashment of the Bid Bond, if
applicable.
5.8 Any Bid not in compliance with the above provisions may be summarily rejected by
RIL.
6. ADDENDA TO RFP
At any time but not later than seven (7) days prior to the Bid Due Date, RIL may
amend or modify this RFP, in any respect through the issue of one or more addenda
(each an “Addendum”). A copy of each Addendum issued by RIL shall be sent to
each Bidder. The addressee shall acknowledge receipt of each Addendum in writing
to the address set out in Section 24.1, by hand, courier or facsimile, with specific
reference to the title and date of issuance of the relevant Addendum. All Addenda
issued by RIL shall be part of this RFP. A Bidder’s late receipt of an Addendum or
failure to acknowledge receipt of an Addendum shall not relieve the Bidder from
being bound by such Addendum.
7.1 Bidder shall submit the Bid documents in accordance with this RFP in there entirety,
complete in all respects including all Attachments. Any additional information which
Bidder wishes to submit shall be attached as a supplement to the Unpriced Techno
Commercial Bid. If some items are not being quoted, the corresponding space in the
schedule of rates should show the words "Not Quoting".
7.2 The Bids must be submitted in the format specified by this RFP, complying with all
the requirements, conditions and specifications of this RFP. Exceptions/deviations,
if any, from the requirements of this RFP, whether affecting the Bid prices or not,
must be listed only in the format set out in Attachment 2. Bidders are requested to
submit the soft copy of the exceptions / deviations in excel file. If no
exceptions/deviations are made then Attachment 2 shall be marked “No Exceptions/
Deviations Taken”.
7.3 Exceptions and deviations from the requirements of this RFP are strongly
discouraged. RIL shall not take cognisance of any exceptions/deviations, which are
not clearly and specifically listed in the format provided at Attachment 2. Comments,
remarks or assumptions, if any, are to be brought out in Attachment 2 only.
Comments, remarks or assumptions indicated in any other part of the Bid will be of
no effect and will not be taken into account by RIL.
7.4 The Bid and any annotations or accompanying documentation and all other written
communications from Bidder shall be in the English language only.
7.5 Bidder shall sign and stamp each page of the Bid including all Attachments. Such
stamp shall set out the full name of RIL or JVC (as the case may be). The power of
attorney or any other document constituting adequate proof of the authorisation of the
signatory to bind the Bidder shall be annexed to the Unpriced Techno Commercial
Bid. RIL may reject any Bid not supported by, in RIL’s opinion, adequate proof of the
signatory’s authority.
7.6 In case of submission of a Bid by a consortium, the leader of the consortium shall
sign the Bid documents. The legally binding memorandum of understanding (“MOU”)
or shareholders’ agreement in relation to the JVC shall be submitted along with the
Unpriced Techno Commercial Bid. The MOU or shareholders’ agreement shall
clearly state: (a) if in relation to a consortium, that all the members of the consortium
shall be jointly and severally liable and responsible for the complete Scope of Work;
(b) set out and specify the role of each member of the JVC in the performance of the
Work; and (c) if in relation to a consortium, the lead or managing member of the JVC.
If the successful Bidder is a consortium, the consortium shall, if required by the RIL,
form a new shell company on or before the date of the Letter of Award to execute the
Contract and put in place Parent Company Guarantees in accordance with the terms
of the Contract.
7.7 The RIL may from time to time, in its absolute discretion, communicate with the lead
or managing member or a consortium member or some or all consortium members.
8. PRICE
The prices quoted should be in the proforma for prices set out in Exhibit C. The
prices quoted shall be firm, whether the Bidder is successful in whole or in part and
shall remain so throughout the duration of the executed Contract. All prices quoted
by Bidder shall be in figures as well as in words and in the event of any discrepancy
between the price indicated in figures and in words, the amount written in words shall
be considered as final and binding.
9. CURRENCY OF BID
9.1 Bidder shall quote prices in US$/INR. Bidder may quote prices in Indian Rupees for
the portion of work likely to be subcontracted to Indian companies and for costs likely
to be incurred in India and in US$ for the portion supplied from abroad.
9.2 Payment will be made in the currency in which the Bid is made. Currency once
quoted will not be changed. For evaluating the Bids, the State Bank of India (SBI)
reference rate on the last working day prior to opening of the Priced Commercial
Bid/revised Priced Commercial Bid (if any) will be taken into account for conversion
of US$ into INR and vice versa.
10.1 The Bid shall remain unconditionally valid for acceptance for a period (“Bid Validity
Period”) of 180 days from the Bid Due Date.
10.2 RIL may request additional information, clarifications and verifications with respect to
any item contained in the Bid. Bidder is requested to respond, in writing, to such
request within the time limit specified by RIL.
10.3 To assist in the examination, evaluation and comparison of Bids, RIL may also
require Bidder to attend clarification meetings, to be held at the offices of RIL.
10.4 Bidder shall be responsible for all costs associated with the submission of additionally
requested information and with its preparation for and attendance at any clarification
meetings.
10.5 The Bid submitted by the Bidder along with any exceptions/deviations, if any, is an
offer (“the Offer”) capable of acceptance by RIL (in its sole discretion). Upon
signature of the Letter of Award, Bidder shall be contractually bound to perform as
per the terms and conditions of the Letter of Award, without any further requirement
of acceptance by the Bidder. Any such acceptance by RIL of an Offer shall only be
made by the signature by RIL of a finalised Letter of Award or signing of the Contract
and no other act, omission or representation shall be deemed to constitute or result in
acceptance by RIL of any Offer.
11. SUFFICIENCY OF BID
11.1 Bidder is responsible for carefully examining all RFP documents including all
Addenda to ensure that the information provided is adequate and clearly understood
and that all RFP documents have been received.
11.2 Bidder shall make its own interpretation of any and all information provided in this
RFP including all Addenda and shall obtain and verify all necessary data and
information including informing itself with respect to all conditions which might in any
way affect the cost of or the performance of the Work. No relief or consideration will
be given for any errors and/or omissions contained in this RFP including any
Addendum and neither RIL nor its advisors nor consultants is responsible for the
accuracy or completeness of such information and/or its interpretation by Bidders. In
no event whatsoever will RIL or its advisers or consultants be liable to Bidders for any
information contained in or omitted from this RFP including any Addenda.
11.3 Without prejudice to the above, in the event of any inconsistency discovered by a
Bidder (which shall be obliged to notify its discovery immediately to RIL) or by RIL in
this RFP, RIL shall be entitled, in its absolute discretion, to resolve such
inconsistency and to issue details of such resolution to all Bidders by way of
Addendum. Any failure or delay by RIL to issue such an Addendum shall not entitle
Bidder to any relief or consideration or create any liability between RIL and Bidder.
11.4 No action by RIL shall amount to an approval of the contents of the relevant Bid or
acceptance of its suitability for any purpose. The Contract, once executed, shall
constitute the entire agreement between RIL and the Contractor in relation to the
provision by the Contractor of the Work.
Not Used
13.1 The successful Bidder shall, within fifteen (15) days of the date of issue of the Letter
of Award, establish a standby letter of credit for performance security ("Standby
Letter of Credit for Performance") from a reputed bank previously approved by the
RIL and shall be advised to RIL through an advising bank i.e. ICICI Bank Limited –
Reliance Corporate Park Branch (IFSC code ICIC0000541/ SWIFT Code:
ICICINBBCTS) located in Navi-Mumbai as per the format and language set out in
Exhibit E (Format of Standby Letter of Credit for Performance Security) hereto.
13.2 The cost of establishing and maintaining the Standby Letter of Credit shall be borne
by the Bidder (Contractor).
13.3 Failure of the Bidder to comply with the requirements of this Section 13 shall
constitute sufficient grounds for the cancellation of the Letter of Award.
14.1 If the RIL (in its absolute discretion) requires the successful Bidder to provide a
parent company guarantee, then the successful Bidder shall, within fifteen days of
the date of issue of the Letter of Award, provide a parent company guarantee or
guarantees (from its parent, parents, ultimate parent, beneficial owner (or any
combination thereof), as determined by the RIL) (the "Parent Company Guarantee")
in favour of the RIL, substantially in the format and language set out in Exhibit F
(Format of Parent Company Guarantee) hereto.
14.2 The cost of issuing and maintaining the Parent Company Guarantee shall be borne
by the Contractor.
14.3 Failure of the successful Bidder/Contractor to comply with the requirements of this
Section 14 shall constitute sufficient grounds for the cancellation of the Letter of
Award.
15.1 Standby Letter of Credit for performance shall be established through advising and
available with bank as ICICI Bank Ltd. Reliance Corporate Park (RCP) Branch, Navi-
Mumbai (IFSC code ICIC0000541/ SWIFT Code: ICICINBBCTS) located in Navi-
Mumbai, India. If the Standby Letter of Credit for performance is issued by a foreign
bank through above advising bank in India, the same shall be enforceable in India.
Bidder shall ensure that the Standby Letter of Credit for performance carries the
reference number of the Letter of Award and, if known, the Purchase Order /Contract
number.
15.2 Foreign Bidders shall establish Standby Letter of Credit for performance in United
States Dollars and Indian Bidders shall establish Standby Letter of Credit for
performance in INR.
15.3 The Standby Letter of Credit for performance is to be sent along with the Issuing
Bank’s covering advice/letter to advising bank. Draft of the Issuing Bank’s covering
letter shall be as set out in Exhibit E (Format of Standby Letter of Credit for
Performance Security).
The Bidder’s attention is drawn to the provisions of the custom notification set out in
Attachment 6.
17.1 The due date and time for submission of Bids in response to this RFP is 17:00 hours
(Indian Standard Time) on 29.07.2019 (“Bid Due Date”). The Unpriced Techno
Commercial Bid and Priced Commercial Bid must be submitted no later than the due
time and date. RIL reserves the right to reject Bids received after the Bid Due Date,
even if the Bid is received late due to reasons outside of Bidder’s control. Bids must
be submitted at the address set out in Section 24.1 below.
17.2 In exceptional circumstances, RIL may, prior to the expiration of the Bid Validity
Period, request the Bidder’s consent to an extension of the Bid Validity Period. Both
the request for extension and response shall be made in writing. A Bidder may refuse
to agree to the request without having its Bid Bond encashed. If Bidder agrees to the
request, the validity period of its Bid Bond shall also be extended accordingly.
18. SUBSTANTIAL RESPONSIVENESS
18.1 RIL will only evaluate those Bids determined to be substantially responsive to the
requirements of this RFP. For the purposes of this Section 18, a “substantially
responsive” Bid shall be a Bid submitted by the Bidder that conforms to all the terms,
conditions and requirements of this RFP without any material deviations as
determined by RIL in its sole discretion.
18.2 A ”material deviation” is a deviation or reservation from the terms and conditions of
this RFP which, as RIL determines (in its sole discretion) affects in any material way
the scope, quality, performance or risk profile of the works contemplated by this RFP
or which would limit in any substantial way, RIL’s rights or Bidder’s obligations under
the Contract (if executed), the acceptance of which deviation or reservation would
affect unfairly the competitive position of other Bidders presenting “substantially
responsive” Bids. RIL may waive any minor non-conformity or irregularity in a Bid,
which does not constitute a “material deviation”, provided such waiver does not
prejudice or affect the relative ranking of any Bidder.
19.1 RIL reserves the right, in its sole discretion, to accept or reject any Bid, wholly or in
part, or to annul and cancel the bidding process and reject all Bids at any time,
without assigning any reason for the same. For the avoidance of doubt, RIL may in
its sole discretion require Bidder to execute the Contract in respect of and perform
only part of the Scope of Work. RIL will not assume any liability for rejection of any
Bid or cancellation of the bidding process.
19.2 All costs associated with the preparation and submission of Bids, attending pre-bid
conferences, meetings at RIL offices, answering, clarification and further information
requests and carrying out all other activities related to the Bid process will be for the
account of Bidders, and no claims for the same will be entertained by RIL under any
circumstances.
20.1 In its evaluation of Bids, RIL shall give due weight, as determined by RIL in its sole
discretion to the technical competency, works schedule, previous performance
record, current and anticipated work load, price, payment terms, expertise, number
and nature of any exceptions/deviations and any other matter that RIL considers
relevant in its sole discretion. The decision of RIL in relation to the evaluation of Bids
shall be final and binding on all Bidders and shall not be subject to dispute by Bidders
under any circumstances.
20.2 Any effort by Bidder (or any local agent or representative) to influence RIL, its
advisors or their respective employees during the process of clarification,
determination of responsiveness, evaluation and comparison of Bids, or in decisions
concerning the determination of the successful Bidder, may result in rejection of the
Bid.
21. AWARD
The documents included in this RFP, which will form part of the Contract to be
executed by the successful Bidder, shall incorporate any modifications as a
consequence of any exceptions/ deviations accepted by RIL. The successful Bidder
shall be informed by RIL of the changes that will be required, which shall be accepted
and implemented by the successful Bidder.
22.1 Acceptance of the Bid by RIL will be by way of a letter of award (“Letter of Award”)
legally binding on the successful Bidder issued by telefax, mail, hand or courier to the
successful Bidder. The Letter of Award should be acted upon by the successful
Bidder immediately on receipt. If issued by telefax, the original Letter of Award in
such case will be forwarded to the successful Bidder as soon as reasonably possible.
22.2 The successful Bidder shall be required to execute the Contract on the basis of the
terms and conditions of this RFP as modified by any exceptions/deviations proposed
by the successful Bidder which may be accepted by RIL and on the basis of the
Letter of Award, within thirty (30) days from the date of issue of the Letter of Award
by RIL.
22.3 For avoidance of doubt, it is clarified that on issuance of Letter of Award by the RIL,
the Contract shall be deemed to have been concluded between the RIL and the
Contractor and the Contractor shall be liable for specific performance of the Contract
for any breach of the terms thereof by the Contractor.
If required by RIL, RIL reserves the right, at its sole option, to split the Work into a
contract for the supply of equipment, goods and materials (“Supply Contract”) and a
contract for the provision of the services by the Contractor (“Services Contract”). The
contracts together will provide for equivalent rights and obligations of RIL and the
Contractor to those provided for in this RFP, the Bid and any agreed deviations and
modifications. If RIL elects to split the Work the successful Bidder shall, on the
request of RIL, submit two Standby Letter of Credit and two Parent Company
Guarantees, one each in relation to the Supply Contract and the other in relation to
the Services Contract. In addition (and if requested by RIL), the successful Bidder
shall provide an umbrella Parent Company Guarantee in respect of both the Supply
Contract and the Services Contract to guarantee the performance of the Work as a
whole. The form of any Standby Letter of Credit and Parent Company Guarantee
required to be provided by the successful Bidder shall be in the form set out in the
Contract subject to any necessary consequential changes.
24.1 Any and all inquiries/ clarifications shall be in writing and directed only to:
24.2 Requests for clarification must be received no later than fourteen (14) days prior to
the Bid Due Date. RIL shall not be obliged to respond to any such requests.
24.3 In the interest of fairness, RIL will make all significant requests for clarification and
the clarifications available to all Bidders.
24.4 Any notice, application or other communication to be given or made under this RFP
shall be in writing, irrespective of whether the requirement that any notice, application
or other communication be in writing is expressly stated in any relevant provision of
this RFP. Except as otherwise provided in this RFP, such notice, application or other
communication shall be deemed to have been duly given or made:
a) if delivered by hand, at the time of delivery;
b) if sent by facsimile transmission, at the time of transmission in legible form,
provided that the transmitting Party has received machine confirmation of
successful transmission; and
26. GENERAL
Bidders are required to furnish the details of Equipment being offered, giving their
make, technical data / specifications, catalogue, brochures etc., along with the
Unpriced Techno-Commercial bid.
This RFP shall be governed by and construed in accordance with the laws of India.
All disputes arising out of or with respect to this RFP shall be subject to the exclusive
jurisdiction of courts in Mumbai only.
28.1 The Bidders shall operate under an ISO 9001:2000 (or later) quality management
system and shall have a valid quality management system certification issued by a
reputed certifying agency such as DNV, Lloyds, BV, ABS etc.
28.2 The Bidders shall attach a copy of the current and valid ISO 9000 certificate issued
by the certifying agency for the Works / service to be rendered by them as per the
Bid.
28.3 In addition, the Bidder shall also attach a copy of the project Quality Plan that was
implemented successfully in a similar project by them for providing added confidence
that the Bidder can execute the job as per approved Quality System.
28.4 In the absence of a suitable project Quality Plan of a similar project executed by the
bidder earlier, the bidder shall submit uncontrolled copy of Quality Manual (ISO 9000)
and the Quality Management system procedures.
29. CONFIDENTIALITY
This RFP contains confidential information regarding the RIL's business, plans and
projects. By accepting this RFP each Bidder agrees that it: (i) will cause its
members/directors, officers, employees, agents advisors and representatives to use
this RFP only for the purposes of evaluating and/or submitting a Bid and for no other
purpose; (ii) will not divulge or distribute any such information or pass any copies of
the RFP to any other person (except for such other person's legitimate use for the
same purpose and provided such other person undertakes in writing in advance of
such disclosure to observe these confidentiality requirements) without the prior
written approval of the RIL; and (iii) will return the RFP together with all copies
thereto to the RIL upon being so requested to do so.
30. DISCLAIMER
The information presented in this RFP is furnished solely for the purpose of assisting
the prospective Bidder in preparing and submitting its Bid and does not purport to be
all-inclusive nor to contain all the information which the prospective Bidder may
require. The prospective Bidder shall make its own investigations, projections and
conclusions and consult its own advisors to verify independently the information
contained in this RFP, and to obtain any additional information that it may require,
prior to submitting the Bid. Neither RIL nor their respective advisors makes any
representation or warranty as to the completeness of this RFP nor have they any
liability for any representations (express or implied) contained in, or omissions from,
this RFP.
REQUEST FOR PROPOSAL
FOR
ATTACHMENT 1
BIDDERS ACKNOWLEDGEMENT OF
RECEIPT OF RFP
ATTACHMENT 1 - BIDDERS ACKNOWLEDGEMENT OF RECEIPT OF RFP
(On Bidders Letterhead)
To,
Reliance Industries Ltd. – Operator
Petroleum Business (Exploration & Production)
Reliance Corporate Park (RCP),
Building No 10-B, Second Floor,
Thane Belapur Road, Ghansoli,
Navi Mumbai – 400701. INDIA
Tel. +91 22 79682706: Fax. +91 22 79670851
Attn: Mr. Dhaval R. Gajjar
We have reviewed the contents of the RFP and confirm that we shall:
(a) BID for the same
(b) NOT BID and
We are returning the RFP to RIL
We confirm that the RFP has been destroyed by us
We understand, agree and undertake that the contents of the RFP, all addenda, all
documents and all communications between the RIL and us are strictly confidential and shall
not be disclosed by us to any third party except in accordance with the provisions of this
RFP. We shall not use such Confidential Information received from the RIL for any purposes
other than for the evaluation of the RFP and submission of the Bid pursuant thereto. Our
failure to comply with this requirement may result in our disqualification from the bid process.
_________________
(Name & designation of Authorized Signatory)
(Affix company stamp)
REQUEST FOR PROPOSAL
FOR
ATTACHMENT 2
PROFORMA FOR EXCEPTIONS /
DEVIATIONS
ATTACHMENT–2
Any and all exceptions/deviations (Technical and Commercial) to the terms and conditions of
this RFP should be indicated in Proforma ‘A below’ and submitted along with the Unpriced
Techno Commercial Bid without indicating price impact.
Price impact, if any, of the exceptions/ deviations taken by Bidder shall be duly completed, in
Proforma ‘B’ below and attached to the Priced Commercial Bid only. If the Bidder does
not intend to take any exception / deviation then he shall mark “No Exceptions Taken” in
Proforma ‘A’. If Proforma ‘A’ is left blank or if this sheet is not attached to the Bid, then it
will be presumed that Bidder has not taken any exception/deviation to the terms and
conditions of the RFP. RIL shall not take cognisance of any exception/deviation (if any)
indicated elsewhere except in the Proforma A & B.
PROFORMA ‘A’
Bidder : ______________________________
Yes / No
Bidder : ________________________________
Sr. Section No., Description Reason(s) for Specify price impact on Effect on
No Page No. and of exception/ exception/ bid price if exception is Commencement
Clause No. deviation deviation not accepted by RIL ( Date
US$ / INR)
REQUEST FOR PROPOSAL
FOR
ATTACHMENT 3
PROFORMA FOR BIDDERS PAST
EXPERIENCE
ATTACHMENT-3
FOR
ATTACHMENT 4
COMMERCIAL CHECKLIST
ATTACHMENT - 4
COMMERCIAL CHECKLIST
This portion of the RFP is intended to serve as a checklist to ensure that all information
necessary to evaluate your proposal has been included. Please indicate Yes / No,
whichever is applicable.
TECHNICAL
1. Has the Bidder quoted for full Scope of Work as specified in the RFP? YES / NO
2. Has the Bidder furnished the list of equipment that will be used in the YES / NO
performance of the Work, along with their make, technical data, catalogue/
brochure of the manufacturer, etc.?
3. Has the Bidder furnished the minimum Personnel proposed to be assigned to YES / NO
the Work?
4. Has the Bidder furnished its Quality Control Manual and/or Quality Control YES / NO
Program along with the Unpriced Techno Commercial Bid?
5. Has the Bidder furnished the duly completed HSE & Quality Questionnaire? YES / NO
6. Has the Bidder indicated its requirement of transit area at the RIL Shore YES / NO
base?
COMMERCIAL
7. Confirm whether the Bidder agrees to furnish a SBLC as per Section 12 of YES / NO
the Instructions to Bidders and as per General Conditions of Contract
8. Confirm that the prices quoted are firm and are inclusive of all taxes, YES / NO
duties, levies, cess etc., applicable to materials to be used for execution of
the Scope of Work.
10. Confirm whether the prices quoted are firm and applicable even if the YES / NO
Work is awarded only in part as per Section 8 of the Instructions to
Bidders.
11. Has the Bidder confirmed the delivery schedule in accordance with the YES / NO
requirement of RFP?
13. Confirm acceptance of Force Majeure provision in accordance with the YES / NO
requirement of RFP?
14. Confirm acceptance of Liquidated Damages provision in accordance with YES / NO
the requirement of RFP?
16. Confirm acceptance Taxes and Duties provision in accordance with the YES / NO
requirement of RFP?
17. Confirm whether Unpriced Technical bid with all attachments and YES / NO
enclosures have been furnished in duplicate (1 Original + 1 copy) in a
separate sealed cover. Ensure that Price Schedule of the Unpriced
Technical bid as per Appendix 1 & Appendix 2 is marked as “QUOTED”.
18. Confirm whether commercial Bid comprising only the Pricing Schedule as YES / NO
per the format in Appendix 1 & Appendix 2 has been furnished in a
separate sealed envelope.
19. Has Bidder ensured that there is no over-writing in the offer? Have YES / NO
corrections, if any, been properly attested/ initialed by the Bidder?
20. Has Bidder ensured that the all pages of the Bid including additional YES / NO
sheets, if any, attached by the Bidder signed by the duly authorized officer
of the Bidder?
21. Has Bidder ensured that proof of the signing authority to legally bind the YES / NO
Bidder is furnished?
22. Does the Bidder accept Bid Validity Period, along with extensions thereof? YES / NO
23. If the Bid is submitted by a consortium, confirm whether the MOU of the YES / NO
consortium / JVC has been furnished.
24. Have all the exceptions taken by the Bidder, having cost impact or not, YES / NO
been listed in ‘Proforma A’ of Attachment – 2 of the ITB, without including
the cost impact, if any and included with the Un-priced Techno
Commercial Bid?
25. Has the cost impact, if any, of the exceptions given in the ‘Proforma B’ of YES / NO
Attachment – 2 of the ITB and included in the Priced Commercial Bid?
REQUEST FOR PROPOSAL
FOR
ATTACHMENT 5
CUSTOMS NOTIFICATION
ATTACHMENT - 5
CUSTOMS NOTIFICATION
Extract of Customs Notification No. 50 / 2017 – Customs, Dated 30th June 2017 (Sr. No.
404, List 33 and condition no 48) for goods required in connection with Petroleum
Operations undertaken under New Exploration Licensing Policy.
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No.12 /2012 –Customs
(a) from so much of the duty of customs leviable thereon under the said First
Schedule as is in excess of the amount calculated at the standard rate specified in the
corresponding entry in column (4) of the said Table;
(b) from so much of the additional duty leviable thereon under sub-section (1) of
section 3 of the said Customs Tariff Act 1975 (51 of 1975) as is in excess of the
additional duty rate specified in the corresponding entry in column (5) of the said Table,
subject to any of the conditions, specified in the Annexure to this notification, the
condition number of which is mentioned in the corresponding entry in column (6) of the
said Table:
Table
S. No. Chapter or Description of goods Standard Additional Condition
Heading or rate duty rate No.
sub–heading
or tariff item
(1) (2) (3) (4) (5) (6)
1. 1 Animals and birds imported by zoo Nil - -
2. 1 Cows, heifers, bulls, goats, sheep, 5% - -
pigs, angora rabbits, ducklings and
pureline poultry stock
3. 1 Grand parent poultry stock and 25% - -
donkey stallions
4. 0302 or Atlantic salmon 10% - -
0303
5. 0303 Tuna bait Nil - -
6. 030616 or Live SPFL. vannamei broodstock 10% - -
030617
7. 04021 Goods upto an aggregate of fifty Nil - 1
0 or thousand metric tonnes of total
04022 imports of such goods in a financial
100 year.
8. 0405 Butter, ghee and butter oil 30% - -
9. 0405 White butter, butter oil, anhydrous Nil - 1
milk fat upto an aggregate of fifteen
thousand metric tonnes of total
imports of such goods in a financial
year.
10. 04069000 All goods 30% - -
11. 5 Pancreas 5% - -
12. 0508 00 Conch shell 5% - -
13. 0508 00 10 All goods Nil - -
14. 051191 Artemia cyst, including wet artemia 5% - -
cyst
15. 05119911 Artemia 5% - -
16. 05 or any The following goods, namely:- 5% - -
other (1) Frozen semen;
Chapter (2) Frozen semen equipment,
namely:-
(a) flasks, refrigerators, vessels, jars
or dewars, and their accessories;
(b) Plastic insemination sheath and
insemination guns; and
(c) Weaton ampoules and straws for
freezing semen
(d) the goods specified against serial no. 251 of the said Table on or after the 16th day of
January, 2013;
(e) the goods specified against serial no. 384 of the said Table on or after the 1st day of
April, 2014;
(f) the goods specified against serial no.385 of the said Table on or after the 1st day of
April,2014;
(g) the goods specified against serial no. 439 of the said Table on or after the 1st day of
April, 2013.
(h) the goods specified against serial no. 440 of the said Table on or after the 1st day of
April, 2013.
(i) the goods specified against serial no. 506(i) of the said Table on or after the 1st day
of April, 2015;
Explanation.-(I) For the purposes of this notification, the rate specified in column (4) or
column (5) of the said Table is ad valorem rate, unless otherwise specified;
(a) “–“ appearing in column (4) means basic customs duty leviable on the goods as per
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) read with any other
notifications issued under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), for
the time being in force.
(b) “–” appearing in column (5) means additional duty equal to duty of excise leviable on
the goods as per the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986)
read with any other notifications issued under sub-section (1) of section 5A of the Central
Excise Act, 1944 (1 of 1944), for the time being in force.
ANNEXURE
1. The rate of duty specified in column (4) shall apply to such quantity of imports for
which an importer holds a Tariff Rate Quota Allocation Certificate issued by the
EXIM Facilitation Committee in the Directorate General Of Foreign Trade in
accordance with the procedure as may be specified by the EXIM Facilitation
Committee in the Directorate General Of Foreign Trade from time to time through a
Public Notice.
sector or handicraft sector, as the case may be.
39. If,-
(i) (a) in the case of Central Power Sector Undertakings, the Chairman of the
concerned Undertaking or an officer authorized by him certifies that the power
transmission project has been approved and an officer not below the rank of the
Deputy Secretary to the Government of India in the Ministry of Power recommends,
in each case, the grant of the aforesaid exemption to the goods for such project;
(b) in other cases, an officer not below the rank of the Chief Engineer of the
concerned Power Transmission Board or Corporation in a State certifies that such
power transmission project has been approved and an officer not below the rank of
the Secretary in a State Government concerned dealing with the subject of power
or electricity recommends, in each case, the grant of the aforesaid exemption to
the goods for such project;
(ii) in all cases, the importer furnishes an undertaking to the Deputy Commissioner
of Customs or the Assistant Commissioner of Customs, as the case may be, to the
effect that the said goods shall be used for the purpose specified above and in the
event of his failure to use the goods for power transmission, he shall pay an
amount equal to the difference between the duty leviable on the said imported
goods but for the exemption under this notification and that already paid at the
time of importation.
40. If, at the time of importation, the importer produces to the Deputy Commissioner of
Customs or the Assistant Commissioner of Customs, as the case may be, a
certificate from the Chairman or the Managing Director or the Director (Rolling
Stock, Electrical and Signaling) or the Director (Finance) of the Delhi Metro Rail
Corporation Ltd., to the effect that –
(i) the goods are procured by or on behalf of the Delhi Metro Rail Corporation Ltd.
for use in the Delhi MRTS Project Phase-I and specified corridors of Delhi MRTS
Project Phase-II; and
(ii) the goods are part of the inventory maintained by the Delhi Metro Rail
Corporation Ltd. and shall be finally owned by the Delhi Metro Rail Corporation Ltd.
41. If,-
(a) the goods are imported by the Oil and Natural Gas Corporation or Oil India
Limited (hereinafter referred to as the “licensee”) or a sub-contractor of the
licensee and in each case in connection with petroleum operations to be undertaken
under petroleum exploration licenses or mining leases, as the case may be, issued
or renewed after the 1 st of April, 1999 and granted by the Government of India or
any State Government on nomination basis;
(i) a certificate from a duly authorised officer of the Directorate General of Hydro
Carbons in the Ministry of Petroleum and Natural Gas, Government of India, to the
effect that the imported goods are required for petroleum operations referred to in
clause (a) and have been imported under the licenses or mining leases, as the case
may be, referred to in that clause and containing the name of such sub-contractor,
(iii)an undertaking from such licensee or lessee, as the case may be, binding him to
pay any duty, fine or penalty that may become payable, if any of the conditions of
this notification are not complied with by such sub-contractor or licensee or lessee,
as the case may be, and
Provided that nothing contained in this sub-clause shall apply if such sub-contractor
is an Indian Company or Companies.
42. If,-
(a) the parts and raw materials are used in the manufacture of goods in accordance
with the provisions of section 65 of the Customs Act, 1962 (52 of 1962); and
43. If,-
(a) the goods are imported by an Indian Company or Companies, a Foreign
Company or Companies, or a consortium of an Indian Company or Companies and
a Foreign Company or Companies (hereinafter referred to as the “contractor”) or a
sub-contractor of the contractor and in each case in connection with petroleum
Companies, that no foreign exchange remittance is made for the import of such
goods undertaken by the sub-contractor on behalf of the Foreign Company or
Companies:
Provided that nothing contained in this sub-clause shall apply if such sub-contractor
is an Indian Company or Companies.
(i)in the case of wind operated electricity generators upto 30 KW or wind operated
battery chargers upto 30 KW, he shall not sell or otherwise dispose off, in any
manner, such generators or chargers for a period of two years from the date of
importation;
(ii)in the case of other goods specified at (2) to (5), he shall use them for the
specified purpose; and
(iii)in case he fails to comply with sub-conditions (i) or (ii), or both conditions, as
the case may be, he shall pay an amount equal to the difference between the duty
leviable on the imported goods but for the exemption under this notification and
that already paid at the time of importation.
(i) he shall use the goods for the specified purpose; and
(ii) in case he fails to comply with sub-condition (i), he shall pay an amount equal
to the difference between the duty leviable on the imported goods but for the
exemption under this notification and that already paid at the time of importation.
operations to be undertaken under a contract with the Government of India;
(i) a certificate from a duly authorised officer of the Directorate General of Hydro
Carbons in the Ministry of Petroleum and Natural Gas, Government of India, to the
effect that the imported goods are required for petroleum operations referred to in
clause (a) and have been imported under the contract referred to in that clause,
and
(ii) a certificate, in the case of a contract entered into by the Government of India
and a Foreign Company or Companies or, the Government of India and a
consortium of an Indian Company or Companies and a Foreign Company or
Companies, that no foreign exchange remittance is made for the imports of such
goods undertaken by such Foreign Company or Companies;
(i) a certificate from a duly authorised officer of the Directorate General of Hydro
Carbons, in the Ministry of Petroleum and Natural Gas, Government of India, to the
effect that the imported goods are required for petroleum operations referred to in
clause (a) and have been imported under the contract referred to in that clause and
containing, the name of such sub-contractor,
(iii) an undertaking from such contractor , binding him to pay any duty, fine or
penalty that may become payable, if any of the conditions of this notification are
not complied with, by such sub-contractor or contractor, as the case may be, and
(iv) a certificate, in the case of a contract entered into by the Government of India
and a Foreign Company or Companies or, the Government of India and a
consortium of an Indian Company or Companies and a Foreign Company or
Companies, that no foreign exchange remittance is made for the import of such
goods undertaken by the sub-contractor on behalf of the Foreign Company or
Companies:
Provided that nothing contained in this sub-clause shall apply if such sub-contractor
is an Indian Company or Companies.
44. If,-
(ii) a certificate, in the case of a contract entered into by the Government of India
and a Foreign Company or Companies or, the Government of India and a
consortium of an Indian Company or Companies and a Foreign Company or
Companies, that no foreign exchange remittance is made for the imports of such
goods undertaken by the Foreign Company or Companies;
(iii)an undertaking from such contractor , binding him to pay any duty, fine or
penalty that may become payable, if any of the conditions of this notification are
not complied with, by such sub-contractor or contractor, as the case may be; and
(iv)a certificate, in the case of a contract entered into by the Government of India
and a Foreign Company or Companies or, the Government of India and a
consortium of an Indian Company r Companies and a Foreign Company or
47. If,-
(a) the project for substitution of ozone depleting substances (ODS) or the project
for setting up of new capacity with non-ODS technology has been approved by the
Steering Committee set up in the Ministry of Environment and Forests for the
clearance of such projects; and
(b) the importer furnishes in each case a list of the goods required for the aforesaid
projects, which is duly certified, to the effect that the goods mentioned in the said
list are required for the aforesaid projects, by an officer not below the rank of a
Deputy Secretary in the Ministry of Environment and Forests.
48. (1)If an officer not below the rank of a Deputy Secretary to the Government of
India in the Department of Fertilizers,-
(i) certifies that the scheme for renovation or modernization as the case may be, of
the fertilizer plant has been granted techno-economic clearance by the said
Department;
(ii) recommends, in each case, the grant of exemption under this notification to,-
(iii)certifies in each case, that the said goods are, or will be, required for the
purposes specified above;
(2) the value of import of the goods specified in sub-clause (b) of clause (ii) of sub-
condition (1) shall not exceed 10% of the value of imported goods specified in sub-
clause (a) of the said clause;
49. If, at the time of importation, the importer produces a certificate, from an officer
not below the rank of a Deputy Secretary to the Government of India in the
(G) Machinery for manufacture of non-wovens textiles, namely:-
(1) Complete production lines for the production of following non-wovens, up to rolled
goods preparation and packing, namely:
(1)Spandex/elastane yarn attachment on ring frame for manufacturing core spun yarn
(2) Single end warping machine
(3) Single end sizing machine
(4) Reaching-in machine
(5) Humidification plant
(1) Land Seismic Survey Equipment and accessories, requisite vehicles including those
for carrying the equipment, seismic survey vessels, global positioning system and
accessories, and other materials required for seismic work or other types of Geophysical
and Geochemical surveys for onshore and offshore activities
(2) All types of Drilling rigs, jackup rigs, submersible rigs, semi submersible rigs, drill
ships, drilling barges, shot-hole drilling rigs, mobile rigs, workover rigs consisting of
various equipment and other drilling equipment required for drilling operations, snubbing
units, hydraulic workover units, self elevating workover platforms, Remote Operated
Vessel(ROV)
(3)Helicopters including assemblies/parts
(4) All types of Marine vessels to support petroleum operations including work boats,
barges, crew boats, tugs, anchor handling vessels, lay barges and supply boats, Marine
ship equipment including water Maker, DP system and Diving system
(5) All types of Equipment/units for specialised services like diving, cementing, logging,
casing repair, production testing, simulation and mud services, oil field related lab
equipment, reservoir engineering, geological equipment, directional drilling,Stimulation,
Coil Tubing units, drill stem testing (DST), data acquisition and processing, solids
control, fishing(as related to downhole retrieval in oil field operations), well control,
blowout prevention(BOP),pipe inspection including Non Destructive Testing, coring,
gravel pack, well completion and workover for oil/gas wells including wireline and
downhole equipment
(6) All types of casing pipes, drill pipes, production tubing, pup joints, connections,
coupling, kelly, cross overs and swages, Drive Pipes
(7) All types of drilling bits, including nozzles, breakers and related tools
(8) All types of oil field chemicals including synthetic products used in petroleum
operations, oil well cement and cement additives, required for drilling, production and
transportation of oil or gas
(9) Process, production and well platforms for oil, gas and water injection including items
forming part of the platforms and equipment required like process equipment, turbines,
pumps, generators, compressors, primemovers, water makers, filters and filtering
equipment, Telemetery, Telecommunication, Tele-Control and other material required for
platforms
(10) Line pipes for flow lines and trunk pipelines including weight- coating and wrapping
(11) Derrick barges, Mobile and stationary cranes, trenchers, pipelay barges, cargo
barges and the like required in the construction/installation of platforms and laying of
pipelines
(12) Single buoy mooring systems, mooring ropes, fittings like chains, shackles,
couplings marine hoses and oil tankers to be used for oil storage and connected
equipment, Tanks used for storage of oil, condensate, water, mud, chemicals and related
materials
(13) All types of fully equipped vessels and other units/equipment required for pollution
control, fire prevention, fire fighting, safety items like Survival Craft, Life Raft, fire and
gas detection equipment, including H2S monitoring equipment.
(14) Mobile and skid mounted pipe laying, pipe testing and pipe inspection equipment
(15) All types of valves including high pressure valves
(16) Communication equipment required for Petroleum operations including synthesized
VHF Aero and VHF Marine multi channel sets
(17) Non-directional radio beacons, intrinsically safe walkie-talkies, directional finders,
EPIRV, electronic individual security devices including electronic access control system
(18) Specialized antenna system, simplex telex over radio terminals, channel micro wave
systems, test and measurement equipment
(19) X-band radar transponders, area surveillance system
(20) Common depth point (CDP) cable, logging cable, connectors, geo-phone strings,
perforation equipment and explosives
(21) Wellhead and christmas trees, including valves, chokes, heads spools, hangers and
actuators, flexible connections like chicksons and high pressure hoses, shut down panels
(22) Cathodic Protection Systems including anodes
(23) Technical drawings, maps, literature, Data tapes, Operational and Maintenance
Manuals required for petroleum operations
(24) Sub-assemblies, tools, accessories, stores, spares, materials, supplies, consumables
for running, repairing or maintenance of the goods specified in this List
(1) Land Seismic Survey Equipment and accessories, seismic survey vesels, global
positioninig system and accessories, and other materials required for seismic work or
other types of Geophysical and Geochemical surveys for on-shore activities
(2) All types of Drilling rigs, shot-hole drilling rigs. Mobile rigs, workover rigs consisting
of various equipment and other drilling equipment required for drilling operations,
snubbing units, hydraulic workover units, self-elevating workover platforms
(3) All types of Equipments / units for specialized services like, cementing, logging,
casing repair, Production testing, simulation and mud services, reservoir engineering,
geological equipment, directional drilling, Stimulation, Coil Tubing units, drill stem
testing (DST), data acquisition and processing, solids control, fishing (as related to
downhole retrieval in coal bed methane operations), well control, blowout prevention
(BOP), pipe inspection including Non Destructive Testing, coring, gravel pack, well
completion and workover for CBM wells including wireline and downhole equipment
(4) All types of casing pipes, drill pipes, production tubing, pup joints, connections,
coupling, Kelly, cross overs and swages, Drive Pipes
(5) All types of drilling bits, including nozzles, breakers and related tools
(6) All types of coal bed methane chemicals including synthetic products used in coal bed
methane operations, required for drilling, production and transportations of gas
(7) Process, production and well installation for CBM and water injection including items
forming part of the installation and equipment required like process equipment, turbines,
pumps, generators, compressors, primemovers, water makers, filters and filtering
equipment, Telemetery, Telecommunication, Tele-Control and other material required for
installations
(8) Line pipes for flow lines and trunk pipelines including weight-coating and wrapping
(9) Tanks used for storage of coal bed methane, water, mud, chemicals and related
materials
(10) All types of fully equipped units/equipment required for pollution control, fire
prevention, fire fighting, safety items like fire and gas detection equipment, including H2
S monitoring equipment
(11) Mobile and skid mounted pipe laying, pipe testing and pipe inspection equipment
(12) All types of valves including high pressure valves
(13) Communication equipment required for operations including synthesized VHF Aero
and VHF multi channel sets, Non-directional radio beacons, intrinsically safe walkie-
talkies, directional finders, EPIRV, electronic individual security devices including
electronic access control system
(14) Specialized antenna system, simplex telex over radio terminals, channel micro wave
systems, test and measurement equipment
(15) Area surveillance system
(16) Common depth point (CDP) cable, logging cable, connectors, geo-phone strings,
perforation equipment and explosives
(17) Wellhead and Christmas trees, including valves, chokes, heads spools, hangers and
actuators, flexible connections like chicksons and high pressure hoses, shut down panels
, Cathodic Protection Systems including anodes
(18) Technical drawings, maps literature, Data tapes, Operational and Maintenance
Manuals required for coal bed methane operations
(19) Sub-assemblies, tools, accessories, stores, spares, materials, supplies, consumables
for running, repairing or maintenance of the goods specified in this List
1. All types of Refinery Process Units including distillation (CDU, VDU, Condensate
Fractionator), thermal cracking (Delayed Coker, Visbreaker, Flexicoker), catalytic
cracking (FCC, Hydrocracker), lube processing (Deasphalting, Dewaxing, Solvent
Extraction), hydro-desulphurisation/hydrotreating (Naphtha, Diesel, VGO, ARDS, LC
Fining, H. Oil), alkylation, isomerisation, catalytic reforming, treating (Merox, Amine),
recovery (Propylene, Ethylene, Butane), synthesis (MTBE, TAME), gas concentration
plant, bitumen blowing, sour water stripping and extraction (Pentane, Hexane, BTX).
2. All types of Hydrogen Generation, Recovery and Purification Plants, Sulphur Recovery
Plants including Tail Gas Treatment Units, with associated components and equipments,
including reactors (like shift, Claus, hydrotreater, CBA, desulphurizer), furnaces, steam
reformers, waste heat boilers, condensers, Pressure Swing Adsorption (PSA) systems,
incinerators, vessels, boilers, pumps, compressors, drivers, alongwith associated
instrumentation and control systems and auxiliaries (skidded or otherwise).
3. All types of Utility Systems, including Nitrogen Systems comprising of generation,
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No. 12/2016-Customs
(i) against serial number 22, for the entry in column (4), the entry ―5%‖ shall be substituted;
(ii) after serial number 96 and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(iii) after serial number 109 and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(iv) after serial number 121A and the entries relating thereto, the following serial numbers
and entries shall be inserted, namely :-
(v) serial numbers 122, 122A, 123, 124, 124 A, 125, 126, 126A, 126B and 126C and the
entries relating thereto shall be omitted;
(vi) in serial number 151, in column (6), the entry ―5‖ shall be inserted;
(vii) in serial number 152, in column (6), the entry ―5‖ shall be inserted;
(viii) after serial number 163 and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(ix) after serial number 172 and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(x) against serial number 173, for the entries in column (2), the entries ―2903 (except 2903
11 10, 2903 12 00, 2903 13 00, 2903 22 00) or 2904‖ shall be substituted;
(xi) serial numbers 173A, 173B, 173C, 173D, 173E and 176 and the entries relating thereto
shall be omitted;
(xii) after serial number 230A and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(xiii) after serial number 238 and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(xiv) for serial number 242 and the entries relating thereto, the following serial number and
entries shall be substituted, namely:-
(1) (2) (3) (4) (5) (6)
―242 3906 90 90 Super absorbent polymer (SAP)
imported for use in the manufacture of
the following, namely :-
(i) adult diapers; 5% 6% 5
(ii) all goods falling under chapter
heading 9619, other than adult diapers 5% - 5‖;
(xv) after serial number 254 and the entries relating thereto, the following serial number and
entries shall be inserted, namely:-
(xvi) after serial number 259 and the entries relating thereto, the following serial number and
entries shall be inserted, namely:-
(1) (2) (3) (4) (5) (6)
―259A 4401 21 00, Wood in chips or particles, imported for Nil - 5‖;
4401 22 00 use in manufacture of the following,
namely:-
i. paper and paperboard;
ii. newsprint.
(xvii) for serial number 260 and the entries relating thereto, the following serial number and
entries shall be substituted, namely:-
(1) (2) (3) (4) (5) (6)
―260 47 Pulp of wood or of other fibrous
cellulosic material (excluding rayon
grade wood pulp) when used for the
manufacture of the following, namely :-
(i) newsprint; Nil - 5 and 25
(ii) paper and paperboard; Nil - 5
(iii) adult diapers; Nil - 5
(iv) all goods falling under chapter 2.5% - 5‖;
heading 9619, other than adult diapers.
(xviii) serial number 275 and the entries relating thereto shall be omitted;
(xix) after serial number 284 and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(xx) after serial number 290 and the entries relating thereto, the following serial number and
entries shall be inserted, namely:-
(xxi) after serial number 305 and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(1) (2) (3) (4) (5) (6)
―305A 70 Solar tempered glass or solar tempered 5% - 5‖;
(anti-reflective coated) glass for use in
manufacture of solar
cells/panels/modules
(xxii) serial number 306 and the entries relating thereto shall be omitted;
(xxiii) in serial number 318, for the entry in column (5), the entry ―8.75%‖ shall be substituted;
(xxiv) in serial number 320, for the entry in column (5), the entry ―7.75%‖ shall be substituted;
(xxv) after serial number 335B and the entries relating thereto, the following serial number and
entries shall be inserted, namely-
(xxvi) serial numbers 339 and 356 and the entries relating thereto shall be omitted;
(xxvii) after serial number 357 and the entries relating thereto, the following serial number and
the entries shall be inserted, namely :-
(xxviii) serial numbers 358, 359, 359A and 360 and the entries relating thereto shall be omitted;
(xxix) against serial number 368, in column (5), for the entry ―Nil‖, the entry ― - ‖ shall be
substituted;
(xxx) after serial number 371C and the entries relating thereto, the following serial number and
entries shall be inserted, namely:-
(xxxi) against serial number 372, in column (3), in item (i), the following shall be inserted,
namely:-
―Notwithstanding anything contained in List17, the exemption shall not apply to the following
goods falling under 8517, namely:-
(a) Soft switches and Voice over Internet Protocol (VoIP) equipment namely VoIP
phones, media gateways, gateway controllers and session border controllers;
(b) Optical Transport equipment; combination of one or more of Packet Optical
Transport Product/Switch(POTP/POTS), Optical Transport Network(OTN)
products, and IP Radios;
(c) Carrier Ethernet Switch, Packet Transport Node (PTN) products, Multiprotocol
Label Switching-Transport Profile (MPLS-TP) products;
(d) Multiple Input / Multiple Output (MIMO) and Long Term Evolution (LTE)
Products.‖;
(xxxii) after serial number 372 and entries relating thereto, the following serial numbers and
entries shall be inserted, namely :-
(xxxiii) in serial number 399B, in column (2), after the existing entry, the entry ―8536 49 00‖
shall be added;
(xxxiv) after serial number 399C and the entries relating thereto, the following serial number and
entries shall be inserted, namely:-
(xxxv) against serial number 417, for the entry in column (4), the entry ―Nil‖ shall be
substituted;
(xxxvi) after serial number 418 and entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(xxxvii) after serial number 422 and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(xxxviii) after serial number 428A and the entries relating thereto, the following serial number and
entries shall be inserted, namely :-
(1) (2) (3) (4) (5) (6)
―428B 8523 Foreign Satellite data on storage media Nil Nil -‖;
imported by National Remote Sensing
Centre (NRSC), Hyderabad
(xl) after serial number 431and the entries relating thereto, the following serial number and
entries shall be inserted, namely:-
(xli) for the serial number 432 and entries relating thereto, the following shall be substituted,
namely,-
(xliii) serial number 433A and the entries relating thereto shall be omitted;
(xliv) after serial number 433B and the entries relating thereto, the following serial number and
entries shall be inserted, namely:-
(xlv) after serial number 435 and the entries relating thereto, the following serial number and
entries shall be inserted, namely:-
(xlvi) against serial number 439, for the entry in column (5), the entry ―-‖ shall be substituted;
(xlviii) serial number 441 and the entries relating thereto shall be omitted;
(xlix) for serial number 448 and the entries relating thereto, the following shall be substituted,
namely:-
(l) after serial number 448 and the entries relating thereto, the following serial number and
entries shall be inserted, namely:-
(li) for serial number 459 and the entries relating thereto, the following shall be substituted,
namely:-
(1) (2) (3) (4) (5) (6)
―459 89 or any Capital goods and spares thereof, raw Nil - 5 ‖;
other Chapter materials, parts, material handling
equipment and consumables, for repairs
of ocean-going vessels by a ship repair
unit.
(B) after the Table, in the proviso, clauses (g) and (h) shall be omitted;
(i) after Condition No. 28, the following condition shall be inserted
Condition
Conditions
No.
―28A If,
(a) the goods are imported by a:-
(i) manufacturer of textile garments; or
(ii) merchant exporter tied up with supporting manufacturer of textile
garments, for use in the manufacture of textile garments for export by
that manufacturer directly or through a merchant exporter, as the case
may be, and that the said manufacturer or merchant exporter is
registered with the Apparel Export Promotion Council or the Synthetic
and Rayon Textile Export Promotion Council;
(b) the entitlement certificate issued by the respective export promotion councils
shall carry the name of supporting manufacturers along with the name of the
merchant exporter in case the goods are exported by a merchant exporter;
(c) the total value of goods imported shall not exceed one per cent. of the Free
on Board (FOB) value of textile garments exported during the preceding financial
year;
Provided that total value of goods imported in the remaining part of the financial
year 2015-16 shall not exceed one-twelfth of one per cent. of the FOB value of
textile garments exported during the financial year 2014-15.
(d) the importer produces a certificate from the Apparel Export Promotion
Council or the Synthetic and Rayon Textile Export Promotion Council, as the
case may be, certifying the value of exports made during the financial year
mentioned in clause (c) above, and that the fabrics under import are not
manufactured in India, and also the value and quantity of goods already imported
under this notification during the current financial year.
(ii) after Condition No. 40, the following condition shall be inserted, namely :-
Condition Conditions
No.
40A If,-
(a) the goods are imported by,-
(i) the Oil and Natural Gas Corporation or Oil India Limited (hereinafter
referred to as the ―licensee‖) or a sub-contractor of the licensee and in
each case in connection with petroleum operations to be undertaken under
petroleum exploration licenses or mining leases, as the case may be,
granted by the Government of India or any State Government on
nomination basis; or
(ii) an Indian Company or Companies, a Foreign Company or Companies, or
a consortium of an Indian Company or Companies and a Foreign
Company or Companies (hereinafter referred to as the ―contractor‖) or a
sub-contractor of the contractor and in each case in connection with
petroleum operations to be undertaken under a contract with the
Government of India; or
(iii) an Indian Company or Companies, a Foreign Company or Companies, or
a consortium of an Indian Company or Companies and a Foreign
Company or Companies (hereinafter referred to as the ―contractor‖) or a
sub-contractor of such Company or Companies or such consortium and
in each case in connection with petroleum operations or coal bed
methane operations, as the case may be, to be undertaken under a
contract signed with the Government of India, on or after the 1st day of
April,1998, under the New Exploration Licensing Policy, or on or after
the 1st day of April 2001 in terms of the Coal Bed Methane Policy, or on
or after the 14th day of October, 2015 in terms of the Marginal Field
Policy, as the case may be;
Provided that nothing contained in this sub-clause shall apply if such sub-
contractor is an Indian Company or Companies;
(d) where the goods so imported by the licensee or a sub-contractor of the licensee,
or the contractor or a sub-contractor of the contractor are sought to be
transferred, the importer produces to the Deputy Commissioner of Customs or
the Assistant Commissioner of Customs, as the case may be, at the time of such
transfer, the following, namely:-
(1) a certificate from a duly authorised officer of the Directorate General
of Hydro Carbons in the Ministry of Petroleum and Natural Gas,
Government of India, to the effect that the said goods may be
transferred in the name of another sub-contractor of the licensee or
another licensee or a sub-contractor of such licensee, or another sub-
contractor of the contractor or another contractor or a subcontractor of
such contractor (hereinafter referred to as the ―transferee‖) and that
the said goods are required for petroleum operations to be undertaken
under :-
(I) petroleum exploration or mining leases referred to in sub-
clause (i) of clause (a), or
(II) petroleum operations to be undertaken under a contract
referred to in sub-clause (ii) of clause (a), or
(III) petroleum operations or coal bed methane operations, as the
case may be, to be undertaken under a contract referred to in
sub-clause (iii) of clause (a)
(2) undertaking from the transferee to comply with all the conditions of
the notification, including that he shall pay duty, fine or penalty that
may become payable, if any of the conditions of the notification are
not complied with by himself, where he is the licensee/ contractor or
by the licensee/ contractor of the transferee where such transferee is a
sub-contractor;
(3) a certificate, -
(iv) against Condition No. 73, for the Conditions, the following shall be substituted, namely:-
―If,
A. Imported by units registered with Director General of Civil Aviation (DGCA) in the
Ministry of Civil Aviation, for maintenance, repair, or overhauling of-
(a) Aircraft registered in India; or
(b) Aircraft not registered in India, which are brought into India for the
purpose of flight to or across India, or for the purpose of, maintenance,
repair or overhauling and which are intended to be removed from India
within six months or for such periods as extended by DGCA, as the case
may be.
B. The units registered with DGCA for maintenance, repair, or overhauling of aircraft, shall
submit documents duly certified by DGCA, indicating such parts, testing equipment,
tools and tool-kits as aircraft parts, testing equipment, tools and tool-kits.‖
(v) after Condition No. 73, the following condition shall be inserted, namely:-
Condition Conditions
No.
73A (a) If, imported for maintenance, repair or overhauling of aircraft, not registered
or intended to be registered in India, but to be removed from India within six
months or as extended by the Director General of Civil Aviation in the
Ministry of Civil Aviation; and
(b) carries passengers in the flight at the beginning and end of the stay period in
India, but undertakes no commercial flights during the stay period.
(D) Lists 13 and 14 and the entries relating thereto shall be omitted;
(E) in List 21, items (4), (5), (7), (9), (10), (11) and (17) and entries relating thereto shall be
omitted;
(F) in List 32, in item (E), for sub-item (3), the following shall be substituted, namely:-
―(E) (3) Braille paper‖;
(G) after List 33 and the entries relating thereto, the following List shall be inserted, namely:-
―List 34
(1) Land Seismic Survey Equipment and accessories, requisite vehicles including those for
carrying the equipment, seismic survey vessels, global positioning system and
accessories, and other materials required for seismic work or other types of
Geophysical and Geochemical surveys for onshore and offshore activities.
(2) All types of drilling rigs, jackup rigs, submersible rigs, semi-submersible rigs, drill
ships, drilling barges, shot-hole drilling rigs, mobile rigs, workover rigs consisting of
various equipment and other drilling equipment required for drilling operations,
snubbing units, hydraulic workover units, self-elevating workover platforms, Remote
Operated Vessel (ROV).
(3) Helicopters including assemblies/parts.
(4) All types of marine vessels to support petroleum operations including work boats,
barges, crew boats, tugs, anchor handling vessels, lay barges and supply boats, marine
ship equipment including water maker, DP system and Diving system.
(5) All types of equipment/ units for specialised services like diving, cementing, logging,
casing repair, production testing, simulation and mud services, oil field related lab
equipment, reservoir engineering, geological equipment, directional drilling,
stimulation, Coil Tubing units, Drill Stem Testing (DST), data acquisition and
processing, solids control, fishing (as related to downhole retrieval in oil field
operations or coal bed methane operations), well control, blowout prevention(BOP),
pipe inspection including Non Destructive Testing, coring, gravel pack, well
completion and workover for oil/ gas/ CBM wells including wireline and downhole
equipment.
(6) All types of casing pipes, drill pipes, production tubing, pup joints, connections,
coupling, kelly, cross overs and swages, Drive Pipes.
(7) All types of drilling bits, including nozzles, breakers and related tools.
(8) All types of oil field chemicals or coal bed methane chemicals including synthetic
products used in petroleum or coal bed methane operations, oil well cement and cement
additives, required for drilling, production and transportation of oil or gas.
(9) Process, production and well platforms/ installation for oil, gas or CBM and water
injection including items forming part of the platforms/ installation and equipment
required like process equipment, turbines, pumps, generators, compressors,
primemovers, water makers, filters and filtering equipment, telemetery,
telecommunication, tele-control and other material required for platforms/ installations.
(10) Line pipes for flow lines and trunk pipelines including weight-coating and wrapping.
(11) Derrick barges, Mobile and stationary cranes, trenchers, pipelay barges, cargo barges
and the like required in the construction/ installation of platforms and laying of
pipelines.
(12) Single buoy mooring systems, mooring ropes, fittings like chains, shackles, couplings
marine hoses and oil tankers to be used for oil storage and connected equipment, Tanks
used for storage of oil, condensate, coal bed methane, water, mud, chemicals and
related materials.
(13) All types of fully equipped vessels and other units /equipment required for pollution
control, fire prevention, fire fighting, safety items like Survival Craft, Life Raft, fire
and gas detection equipment, including H2S monitoring equipment.
(14) Mobile and skid mounted pipe laying, pipe testing and pipe inspection equipment.
(15) All types of valves including high pressure valves.
(16) Communication equipment required for petroleum or coal bed methane operations
including synthesized VHF Aero and VHF multi channel sets/ VHF marine multi
channel sets.
(17) Non-directional radio beacons, intrinsically safe walkie-talkies, directional finders,
EPIRV, electronic individual security devices including electronic access control
system.
(18) Specialized antenna system, simplex telex over radio terminals, channel micro wave
systems, test and measurement equipment.
(19) X-band radar transponders, area surveillance system.
(20) Common depth point (CDP) cable, logging cable, connectors, geo-phone strings,
perforation equipment and explosives
(21) Wellhead and christmas trees, including valves, chokes, heads spools, hangers and
actuators, flexible connections like chicksons and high pressure hoses, shut down
panels.
(22) Cathodic Protection Systems including anodes.
(23) Technical drawings, maps, literature, data tapes, Operational and Maintenance Manuals
required for petroleum or coal bed methane operations.
(24) Sub-assemblies, tools, accessories, stores, spares, materials, supplies, consumables for
running, repairing or maintenance of the goods specified in this List.‖.
(Anurag Sehgal)
Under Secretary to the Government of India
Note.- The principal notification No. 12/2012-Customs, dated the 17th March, 2012 was
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R. 185(E), dated the 17th March, 2012 and last amended by notification No. 10/2016-
Customs, dated the 17th February, 2016, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R 177(E), dated the 17th February, 2016.
REQUEST FOR PROPOSAL
FOR
ATTACHMENT 6
HEALTH, SAFETY, ENVIRONMENT AND
QUALITY QUESTIONNAIRE
ATTACHMENT - 6
HEALTH, SAFETY, ENVIRONMENT AND QUALITY QUESTIONNAIRE
General Guidelines:
A) HSE questionnaire: This gives insight in to the contractor’s HSE Management system’s maturity
and adequacy. It also enables RIL to evaluate the HSE Management of contractor as per
expectations of its HSE MS.
B) HSE performance: Minimum three years of performance data is expected from the
contractor/bidder to know the effectiveness of the contractor HSE Management System.
C) Project Specific HSE Plan: (Guidelines provided) this document acts as a guide to the bidder to
prepare the draft HSE plan. This draft HSE plan will be updated, mutually agreed and finalized with
the successful bidder.
Details included in tender documentation shall be in keeping with the complexity of the contract and
shall additionally include prompts for specific action plans, target dates and action parties. The
contractor is expected to complete both parts with adequate documentary evidences which will
substantiate and facilitate the review. This HSE review will have significant importance in the bid
evaluation process. The parties meeting these requirements will be preferred over the others.
PART A: HSE Questionnaire
1. RIL has prepared a Questionnaire in line with Reliance HSE MS requirement, which is given
below to know the contractor / bidders commitment towards the HSE aspects
2. Contractor / bidder are requested to respond for each question and wherever possible attach the
evidence of the comments made.
3. Contractor / Bidder can attach separate sheet and give reference on the response space given
opposite to each questionnaire item.
(iii) Road Safety What arrangements does your company have for
Management combating road and vehicle
incidents?
Safety Statistics
1 Number of man-hours worked
2 Fatal accidents
3 Lost Time Injuries
4 Lost Time Injuries Frequency Rate (LTI in
million hours worked)
5 Total Injuries
6 Total Recordable Injury Frequency Rate (Total
injuries in million hours worked)
7 Number of Medical Treatment Cases
8 Number of Restricted Work Cases
9 Severity Rate
Safety Training (man hours)
Environment Management
20 Total quantity of hazardous waste handled
(gas, liquid and solid)
21 Number of major spill incidents
Note:
LTIFR = Number of Lost Time Injuries/million Man-hours worked TRIFR = Number of total
injuries/million Man-hours worked Severity Rate = Man-hours Lost/1000 Man hours worked
3.3 Subcontractors
If the contractor is planning to have subcontractor(s), then the plan shall include the following details
• Subcontractor HSE organisation
• HSE Competency of responsible personnel.
• Management and control of sub-contractors
Provide the list of key performance indicators with frequency of monitoring, target values which are
specific to the project. The targets selected shall be in line with the industry best practices.
FOR
ATTACHMENT 7
PROJECT INFORMATION
ATTACHMENT 7
PROJECT INFORMATION
Introduction
Reliance Industries Limited (RIL) was awarded two contiguous CBM Blocks in Sohagpur
coal basin, SP (West)-CBM-2001/1 and SP (East)–CBM/2001/1 through International
bidding under the first round of bidding by the MoPNG, Government of India. Sohagpur West
and Sohagpur East CBM blocks, comprising area of 500 Sq. Kms and 495 Sq. Kms
respectively, are located in Shahdol and Anuppur districts of Madhya Pradesh state in
central India. Nearest airport is Jabalpur, which is about 250 Km from Shahdol town,
connected by a metalled road and railway line via Umaria-Katni. An East-West metalled road
traverses the block area with several interconnected metalled and unmetalled roads.
The Son River and its tributaries form the drainage in the Block area.
Sohagpur CBM Blocks are part of the South Rewa Basin which forms the central part of the
Gondwana Supergroup. Sohagpur Gondwana basin is east-west elongated occurring at the
Southern part of South Rewa Gondwana basin. A complete sequence of Gondwana rocks
from Upper Carboniferous Talchir Formation to Lower Cretaceous Lameta Formation occurs
in this Coalfield. Structurally it is a half graben. A major east-west normal fault, namely
Bamhani Chilpa fault traverses the basin. The CBM blocks are situated in the northern
downthrown segment of this major fault along which Raniganj and Barakar Formations are
juxtaposed. The sedimentary rock fill in the blocks comprise of rocks of Talchir (20- 50m),
Barakar ( 200 – 450m), Barren Measures ( 200-300m) , Raniganj ( 50-500m) formation and
thin layer of alluvium at places. The coal seams usually occur in Barakars and Raniganj
formations. The sediments are intruded by Basic intrusive rocks (Dolerite) at different places.
During exploration and appraisal phase 32 coreholes and 41 production wells were drilled.
Subsequently, based on the results of exploratory wells and core analysis, RIL has taken up
the development of these bocks. During initial development phase, 290 production wells
have been drilled and envisaged plan is to drill 50-60 production wells per year for next 5-6
years. As per approved development plan, the infrastructure and surface facilities to produce
gas from the wells have also been created.
REQUEST FOR PROPOSAL
FOR
ATTACHMENT 8
Bidder Information
Bidder’s Business Name and Address (list principal place of business and address for
purposes of communications with RIL, if different from the principal place of business):
Telephone Fax
Bidder’s Taxpayer Identification No., if applicable (U.S. (FEIN), Canada (GST), U.K.
(VAT), India (PAN))
Bidder Operations
Describe briefly the nature and history of your business, including its level of expertise and
experience:
Please list your subsidiaries, joint-venture partners, and other affiliated entities:
If the company is a new venture, what is your estimated turnover/revenue for the next
business year:
Please state how many employees your business has and include a copy of your
Proposed Project
Will you interact with any government officials, including employees of a state owned or
controlled enterprise (e.g. national oil company), in connection with providing the services,
technology, goods or equipment to RIL. If yes, please provide details:
Identify any agents, consultants, or third parties you plan to use in connection with the
proposed project, if retained.
If the project involves providing products or services to RIL, identify the source country of
such products or services.
Identify proposed method of payment, if retained (e.g., wire transfer to bank account):
References
List Three (3) General References (persons/firms familiar with your company), including at
least one U.S. or U.K. company, if possible
Please provide a letter from a bank (on the bank’s letterhead) in which you have one or
more business accounts, stating that you are a customer in good standing and the length
of time that you have had at least one account.
If a company, are you publicly held? Yes No. If yes, what percent?_________
If yes, please attach a copy of your most recent public filing showing the Bidder’s
shareholders, partners, or owners; if this filing does not list major (>5%) shareholders,
please identify the major shareholders (public and non-public).
If no, give the names and nationalities of your shareholders, partners, or beneficial owners
(If your direct owner is a company, list the ultimate beneficial owner and any intermediate
entities or persons).
Give the names and nationalities of all officers, directors, shareholders, managers, or
other employees with executive or management authority of the Bidder and of any
company that is the ultimate beneficial owner, and of all other employees who will be
performing services under the proposed consulting contract. Provide a brief curriculum
vita for each.
Are any of the persons listed in the previous question employed by any other companies
or entities? If yes, give the name of each company and the title of the relevant position.
Government Relationships
Note: For the purposes of this Questionnaire “government official” means and includes:
(i) any executive, legislative or judicial branch official or employee of any government or
any official or employee of any government agency or instrumentality (including military,
police and customs); or any director, officer or employee of any government-owned or
controlled enterprise (e.g., national oil company); (ii) any official or employee of a public
international organization (e.g., World Bank, United Nations, IMF); (iii) any political party
or party official, (iv) any candidate for political office; or (v) member of a royal or ruling
family.
For the purposes of this Questionnaire, “key employee” means any employee with
executive or management authority of Bidder and of any company that is the ultimate
beneficial owner, and any employee who will be performing services for RIL.
Does any government official have any direct or indirect ownership or other financial
interest in your company or any affiliate of your company?
Yes No
If yes, please provide the details (including full name of official; full name of government,
company, or party position; official responsibilities; date of service):
Is any owner, director, officer or key employee of Bidder a present or former government
official?
Yes No
Is any owner, director, officer, or key employee of Bidder involved in any business
relationship -- including acting as an agent or Bidder for, or holding common ownership of
any business enterprise or partnership -- with any current government official or close
family member of a government official?
Yes No
If yes, please provide the details (see above; also identify the business relationship):
Does any owner, director, officer, or key employee of Bidder have any family
relationships with any present or former government official?
Yes No
If yes, please provide the details (see above; also identify the family relationship):
Does Bidder or any of its owners, directors, officers or key employees have an ownership
interest above 5% in any other organization?
Yes No
If yes, please provide the details (including full name of official; full name of
government, company, or party position; official responsibilities; date of service; also
identify the business relationship):
Does any owner, director, officer, or key employee of your company have any family
relationships with any present employees of any actual or proposed counterparty of
RIL?
If yes, please provide the details (including full name of official; full name of
government, company, or party position; official responsibilities; date of service; also
identify the business relationship):
Are you familiar with the requirements of the Prevention of Corruption Act, 1988 of
Republic of India, U.S. Foreign Corrupt Practices Act and U.K. anti-bribery legislation?
Yes No
What policies do you have in place to ensure compliance with anti-corruption laws?
Has Bidder or any associated organization or any owner, director, officer or key
employee of any of such organizations been suspended from doing business in any
capacity, charged with any criminal act in any jurisdiction, or the subject of any other
allegation of fraud, misrepresentation, corruption, bribery, money laundering or other
related activities?
Yes No
Has Bidder made any public disclosures to any Indian, U.S. or U.K. authorities, including
the U.S. Department of Justice, the Securities and Exchange Commission, or the U.K.
Serious Fraud Office, involving fraudulent or corrupt misconduct or improper accounting,
including bribery?
Yes No
If yes, please provide the details and include a copy of any such written disclosure:
Have any government officials been entertained, received gifts, received per diems,
participated in any trips, or otherwise been provided with any money or other thing of
value by Bidder in connection with a bid or tender process involving RIL?
Yes No
The undersigned, being duly authorized to respond to this questionnaire, and to certify as
to the matters set forth below, hereby certifies as follows:
To the best of my knowledge, all information set forth in this response is correct and
complete.
I understand that RIL will rely on the above information in determining whether to enter
into any contractual agreement or other arrangement with me/my company..
If I/my company enter(s) an agreement with RIL, I represent and agree that I/the
company and my/its representatives will not offer, pay or promise to pay, anything of
value to a government official (as defined above) in connection with any business
covered by the agreement with RIL.
Signature
Date
REQUEST FOR PROPOSAL
FOR
ATTACHMENT 9
FOR
RFP No : RIL/E&P/MG2/40010819/2019
FORM OF CONTRACT
52
FORM OF CONTRACT
This Contract is made and entered into on this __th Day of ________, 201_ by and between
RELIANCE INDUSTRIES LIMITED, a company incorporated under the Companies Act, 1956 and
having its registered office at 3rd Floor, Maker Chambers IV, 222 Nariman Point, Mumbai 400021,
India, (hereinafter referred to as “RIL" which expression shall include its successors and
assignees) on the one part;
AND
WHEREAS:
A. Government of India and RIL have entered into contracts for Coal Bed Methane (“CBM”)
operations for SP (East)-2001/1 and SP (West)-2001/1 in the state of Madhya Pradesh. RIL
is the sole operator in the CBM contracts.
B. RIL wishes to carry out the Work as specified in Exhibit A and Exhibit B of the Contract and
have accordingly floated RFP no. RIL/E&P/MG2/400010819/2019 dated …………….. to all
the bidders in this regard following the competitive bidding process.
C. Contractor, pursuant to its review of the Scope of Work and Technical Specifications,
represented to RIL that it has sufficient technical capability, resources, Equipment (as such
term is defined below), manpower and infrastructure and financial capability to carry out the
Work.
D. Based upon the technical expertise, qualifications and other representations made by the
Contractor during the competitive bidding process with respect to its ability to perform and
complete all of the Work as required pursuant to the Contract and for the Annualized
Contract Price (as such term is defined below), RIL desires to appoint the Contractor to
execute all of the Work upon the terms and conditions set forth in this Contract.
1. In consideration of the total payments to be made to the Contractor for overall performance
and completion of the Work to be executed by the Contractor in the manner specified in this
Contract, the Contractor hereby covenants with RIL that the Contractor shall and will duly
provide, execute and complete the Work described in the Contract or which are to be
implied there from or may be reasonable necessary for completion of the Work and in the
manner and subject to the terms and conditions or stipulations mentioned in the Contract.
Contractor represents and warrants that the Work done shall conform in all respect to the
specifications contained in the Contract.
2. The terms of payment for the Work actually performed shall be as per the conditions of the
Contract.
53
3. This Contract shall comprise of the following documents annexed herewith, which shall be
deemed to form and be read and construed as integral parts of this Contract and therefore
interlinked to each other:
IN WITNESS WHEREOF the representatives of the Parties to this Contract being duly authorized
have hereunto set their hands and have executed this Contract on the day and year herein above
written.
For and on behalf of For and on behalf of _______________
RELIANCE INDUSTRIES LIMITED
By : By :
Name : Name :
Title : Title :
Date : Date :
Witness Witness
54
REQUEST FOR PROPOSAL
FOR
ANNEXURE 1
GENERAL CONDITIONS OF CONTRACT
55
TABLE OF CONTENTS
ARTICLE 1- DEFINITIONS 58
ARTICLE 2- INTERPRETATION 63
ARTICLE 9- ENCUMBRANCE 71
ARTICLE 17-COMPLIANCE 77
ARTICLE 23-INDEMNIFICATION 94
57
ANNEXURE 1
ARTICLE 1- DEFINITIONS
The following terms, unless the context requires otherwise, shall have the following
meanings assigned to them when used in the Contract.
“Affiliate” means –
For the purposes of this definition of “Affiliate”, “control” means either ownership by one
Person of the largest or controlling percentage of the voting securities or interests of the
other Person, or the power to direct, administer and dictate policies of the other Person, or
control the composition of the board of directors or managers, by virtue of any contractual
arrangements or otherwise, and the term “controlled” shall have a corresponding
meaning.
“Applicable Laws” means all federal, national, central, state, municipal and/or local
legislation, ordinances, rules, regulations, statutes, bylaws, administrative requirements,
notifications published in official gazettes, registration requirements, permits and other
laws of any Government Authority, orders of any court, tribunal or any other judicial body,
and any other instrument or pronouncement having the force of law as may be issued and
be in force from time to time.
“Associated Person” means in relation to a Party or any Government Official, any Person
who is an agent, servant, representative, director, officer or employee of such Person.
“Business Day” means a day, other than Saturday, Sunday and public holiday, on which
offices of the Parties are open for work.
“Call Out Order” means a written notice issued by Company to the Contractor for
mobilizing Contractor’s Equipment, Contractor’s Material and Personnel during the term of
the Contract.
“Change in Law” means any change in Applicable Laws in the Republic of India or any
enactment of a new Applicable Law in the Republic of India occurring after the Effective
Date provided that such change in or enactment of a new Applicable Law was not
announced prior to the Effective Date. The said change in law does not include any
incorrect interpretation of law by the Contractor.
58
“Change Proposal” is defined in Article 10.2.
“Company Group” means (a) Company; (b) the Co-venturers; c) Company’s contractors
of any tier (excluding Contractor Group); (d) the Affiliates of (a), (b) and (c); and (e) the
officers, directors, employees, agents, and representatives of (a), (b), (c) and (d).
“Contract” means this contract and Exhibits attached hereto and made a part hereof.
“Contractor’s Materials” means all raw materials, finished materials, goods, chemicals,
additives and consumables of any description to be used or consumed by Contractor in
the performance of Services.
“Contractor Group” means (a) the Contractor; (b) the Sub-Contractors, (c) the Affiliates
of (a) and (b); and (d) the officers, directors, employees, agents, and representatives of
(a), (b) and (c).
“Contractor’s Resources” means all of the Personnel, equipment, materials, plant, tools,
consumables, spares, supplies, facilities, utilities and all other things necessary to
undertake and complete the Contractor’s obligations under the Contract and to be
provided/ mobilized by Contractor.
“Damages” means any and all (a) claims and losses of any kind and description including
claims and losses in respect of liabilities, privileges, liens and other Encumbrances,
obligations, interests, fines, costs or expenses (including attorney’s fees and legal costs),
penalties; (b) awards, judgements, demands, causes of action and damages of all kinds
and descriptions; all whether created by law, contract, tort or arbitrations, voluntary
settlement or otherwise.
“Encumbrance” means any interest or equity of any Person (including without limitation,
any right to acquire, option or right of pre-emption) and any security, mortgage, charge,
pledge, lien, assignment, hypothecation or other priority interest, deferred purchase, title
retention, rental, hire purchase, conditional sale, trust, leasing and any other contract or
arrangement whatsoever having the same effect as security.
59
“Environmental Damage” means soil erosion, removal of vegetation, destruction of
wildlife, pollution of groundwater or surface water, land contamination, air pollution, noise
pollution, bush fire, disruption to water supplies, to natural drainage or natural flow of rivers
or streams, damage to archaeological, paleontological and cultural sites and shall include
any damage or injury to, or destruction of, soil or water in their physical aspects together
with vegetation associated therewith, aquatic or terrestrial mammals, fish, avi-fauna or any
plant or animal life whether in the sea or in any other water or on, in or under land.
“Exhibits” means those documents attached hereto and made a part hereof for all
purposes and consisting of:
(d) Exhibits "D" QA/QC Requirements (Part-1), HSE Requirements (Part-2) and
Environmental Compliance (Part-3)
(f) Exhibits “E" Format for Standby Letter of Credit for Performance
“Financial Year” means the period from April 1st in any calendar year up to and including
March 31st of the following calendar year.
“Government Authority” means any local, regional, state, federal or central government,
governmental agency, department, ministry, commission, board, bureau or any other
administrative or judicial or quasi-judicial authority, regulatory authority or instrumentality
thereof, in each case having authority over Company, the Contractor Group, the
Work/Services or the Block.
(b) person acting in an official capacity or exercising a public function for or on behalf
of a country or territory (or any subdivision of such a country or territory) or a
government or any department, agency, enterprise or instrumentality of a country or
territory (or any subdivision of such a country or territory) or a government;
60
(d) officer, employee or agent of a public international organisation such as the World
Bank or United Nations; and/or;
(e) officer or employee of a political party or any person acting in an official capacity on
behalf of a political party;
“Gross Negligence” means any act or failure to act (whether sole, joint, or concurrent)
which, in addition to constituting Negligence, was in reckless disregard of or wanton
indifference to the consequences, as affecting the property, rights, safety, environment or
welfare of any Person.
“Group” means the Company Group or the Contractor Group as the context requires.
“GST” means the applicable (i) (a) Central Goods and Services Tax, and (b) State Goods
and Services Tax or Union Territory Goods and Services Tax, or (ii) Integrated Goods and
Services Tax payable in accordance with and as set forth in the GST Law.
“GST Amount” means the amount of GST the Contractor is required to pay and has paid
as a taxable person under the applicable GST Law with respect to Services provided or to
be provided under the Contract in compliance with the GST Law.
“GST Law” means the Central Goods and Services Tax Act, 2017, the State Goods and
Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017, the Union Territory
Goods and Services Tax Act, 2017, Goods and Service Tax (Compensation to States) Act
2017 or any other statute or ordinance issued as a part of GST regime and the rules,
notifications, and circulars under each of the foregoing for the time being in effect, as
applicable to the provision of Services.
“GSTN” means the Goods and Services Tax Network established under or in accordance
with the GST Law.
“Indemnitor” means a Party from whom indemnity is sought under the Contract.
“Intellectual Property Right” means any patent, patentable claim, copyright (including
rights in computer software), trademark, service marks, trade secret, design, circuit layout,
know-how, database rights and any other proprietary or intellectual property rights existing
world-wide whether registered or unregistered
“Lenders” means any person directly or indirectly providing finance to the Company or to
any Co-venturer or to any of their respective Affiliates for or in connection with the
Services or the Project and shall include any Lenders’ Agent acting for such Person or
Persons, from time to time and any export credit agency or similar body.
“Negligence" means any sole or concurrent negligent act or omission, fault (including,
without limitation, pre-existing conditions), strict liability, breach of duty or warranty
(statutory or otherwise), product liability, defect (whether patent, latent, or pre-existing) of
any property, equipment, or materials, unseaworthiness, and un-airworthiness unless
specifically otherwise stated, and shall include passive as well as active Negligence. The
term "Negligence" does not include "Gross Negligence” or “Willful Misconduct”.
“Notice of Default” or “NOD” means the notice to be provided under Article 28.2 (A).
“Party” means either Company or Contractor, as the context requires, and the “Parties”
means both Company and Contractor.
“Person” means any natural person, firm, corporation, company, voluntary association,
partnership, joint venture, trust, limited organization, competent authority or other entity
including either Party, their Affiliates and Associated Persons.
“Place of Supply” with respect to the supply of Services means the place of supply as
determined under GST Law.
“Regardless of Cause” means without regard to one or more of the following acts, either
in whole or in part, of the Indemnitor or Indemnitee: (a) fraud; (b) Gross Negligence; (c)
Willful Misconduct; (d) Negligence and (e) willful act or omission.
“Services” or “Work” means all or part of the works as set out in the Exhibits A, B and
includes any work which is the subject of change in accordance with Article 10 and
carrying out all the activities in accordance with the provision of the Contract.
“Sub-Contract” means a contract of any tier entered into between Contractor and Sub-
62
Contractor.
“Sub-Contractor” shall mean any person or entity to whom part of the Scope of Work in
the Contract has been subcontracted by Contractor.
“Third Party” means any Person other than a member of Company Group or Contractor
Group.
“Well” means any well drilled for the purpose of securing geological or geophysical
information in the exploration or development of oil, gas, or upon which work over or any
development activities are carried out or any well drilled for the purpose of discovering a
new field or reservoir (to be called wildcat Well) or any well drilled to a known producing
formation in a previously discovered field (to be called development Well).
“Worksite” means any one or more of the following locations, where Contractor shall
perform the Services under the Contract:
ARTICLE 2- INTERPRETATION
(a) where the context requires, words importing the singular shall include the
plural and vice versa;
(b) where the context requires, words importing the masculine gender shall
include the feminine gender or the neutral gender;
(e) headings are for convenience of reference only and shall not be deemed to be
part of the Contract or be taken into consideration in the interpretation or
construction of the Contract.
(f) Unless otherwise expressly stated in the Contract, references to days and
months are to calendar days and months.
(g) The words appearing in capital letters in the Contract shall have the meaning
as defined in Article 1 above.
2.2 If Contractor consists of more than one Person, the persons comprising the same
63
shall be jointly and severally liable for each and every liability and obligation of
Contractor under the Contract.
2.3 Each reference to the Contract or to any other document, contract or agreement
shall be deemed to include reference to each permitted variation of or supplement
to the Contract and such document, contract or agreement as amended, varied or
supplemented from time to time.
2.4 References to any statute or statutory provision shall include any statute or
statutory provision which amends or replaces or has amended or replaced it and
shall include any subordinate legislation made under any such statute.
In the event of any conflict or inconsistency between any of the documents comprising the
Contract, such conflict or inconsistency shall be resolved in accordance with the following
order of precedence:
4.1 Contractor shall, no later than thirty (30) days after the Effective Date, provide
Company with a duly issued, on-demand, unconditional, irrevocable and
enforceable standby letter of credit for performance (the “Standby Letter of Credit
for Performance” or “SBLC”) in the form set out in Exhibit -E. The Contractor shall
ensure that the SBLC is issued by a commercial bank acceptable to Company. The
SBLC shall be in the sum of ten percent (10%) of the estimated annualized contract
price. In addition and without prejudice to Company’s general rights under this
Article 4, the Contractor shall ensure that (i) the SBLC shall be advised to Company
through ICICI Bank, RCP, Navi Mumbai, India, (IFSC code ICIC0000541/ SWIFT
Code: ICICINBBCTS); (ii) the SBLC shall refer to the Contract, (iii) the SBLC shall
be issued through SWIFT (if issued from a foreign location) or SFMS (if issued in
India); (iv) the SBLC must be made transferable at the counters of advising Bank
which shall be ICICI Bank, RCP, Navi Mumbai; (v) the SBLC must be made
available with ICICI Bank, RCP, Navi Mumbai for payment at sight, (vi) all charges
in relation to SBLC including the stamp duty/franking charges, advising charges etc.
are to be borne by the Contractor, (vii) the Contractor shall ensure that the SBLC is
advised to the Company at the following address:
Reliance Industries Limited,
Treasury, E&P Division,
64
Reliance Corporate Park,
Building No. 10 / A, 2nd Floor,
5, TTC Industrial Area,
Thane- Belapur Road, Ghansoli
Navi Mumbai - 400701
Attention: Mr. Himanshu S Gupta (email: Himanshu.S.Gupta@ril.com) / Mrs. Sona
Shukla (email: Sona.shukla@ril.com)
4.2 The SBLC shall be in full force and effect and for the avoidance of doubt
enforceable in India from the date of its issue through and until the date which is six
(6) months following the Duration of Deployment of Rig (DDR) as per Exhibit A or
final demobilization of all the Contractor’s Equipment (whichever is later). In case of
extension of DDR, then the Contractor shall extend the validity of the SBLC
pursuant to the Change Order and if there is an increase in the estimated
annualized contract value, then the value of the SBLC shall be increased by ten
percent (10%) of the Change Order value by Contractor pursuant to Article 4.4. If
any dispute (whether between the Company and the issuer of the SBLC or a
dispute within the meaning of the Contract between the Company and the
Contractor) has arisen and persists at the date which is thirty (30) days prior to the
scheduled date of expiry of the SBLC, then the Contractor shall be required to
furnish the Company with an amended or replacement SBLC extending its period of
validity for a period of six (6) months from the date of its scheduled expiry and
otherwise complying in all respects with the requirements of this Article 4.2. The
Contractor may be required to furnish further extension/ replacement of SBLC(s) if,
at the date which is thirty (30) days prior to the scheduled expiry of the relevant
SBLC a dispute (as referred to in this Article 4.2) is continuing. If the Contractor fails
to provide a replacement SBLC in accordance with the requirements of this Article
4.2, then the Company shall be entitled to draw upon the then existing SBLC in the
full amount, at any time prior to the date of its scheduled expiry.
4.3 Company shall be entitled to make a claim under the SBLC in the event of:
(a) failure by Contractor to execute the Contract promptly in accordance with the
terms of Contract;
(b) failure by Contractor to extend the validity or increase the value of the SBLC
as described in Article 4.2 or 4.4 or both;
(c) failure by Contractor to pay to Company any amount due under the Contract;
(d) breach by the Contractor of any of its obligations under the Contract.
If the Company draws upon the SBLC pursuant to this Article 4.3, then Contractor
shall replenish the SBLC by an amount equal to the amount withdrawn by the
Company, within seven (7) days of any such draw.
4.4 The Contractor shall be obliged to provide the Company with a new (or amended)
SBLC where the estimated annualized contract value has increased by 5% (in
aggregate) subject to and in accordance with Article 4.2. The validity or value of
such new (or amended) SBLC shall be extended or increased by the Contractor
and delivered to the Company within fifteen (15) days of the date of issuance of
Change Order or adjustment to the estimated contract price by the amount stated in
this Article 4.4.
65
4.5 The SBLC shall include the faithful and diligent performance of all the undertakings,
obligations and liabilities, of Contractor or Sub-Contractors, arising hereunder and
further guarantee Company against loss by reason of breach or default in the
performance of any obligation by the Contractor or such Sub-Contractor. No
alteration, prepayment, delay, change, amendment, extension or addition which
may be made or agreed to between Contractor and Company and no forbearance
on the part of Company shall operate to relieve any guarantor from liability on such
guarantee and notice to the guarantor of any of the same is expressly waived.
4.6 Contractor shall, if asked by the Company, within thirty (30) days of execution of the
Contract, provide a Parent Company Guarantee in favour of Company (from its
parent/ parents, ultimate parent, beneficial owner (or any combination thereof), as
determined by the Company), in the format attached as Exhibit-F (“Parent
Company Guarantee”), which shall be valid until Contractor shall have fully
satisfied all current and future obligations under the Contract.
(a) give preference to the purchase and use of materials manufactured, produced or
supplied in India provided that such materials are available on terms equal to or
better than imported materials with respect to timing of delivery, quality and quantity
required, price and other terms;
(b) employ Indian Sub-Contractors having the required skills or expertise, to the extent
reasonably possible, in so far as their services are available on comparable
standards with those obtainable elsewhere and at competitive prices and on
competitive terms; provided that where no such Sub-Contractors are available,
preference shall be given to non-Indian Sub-Contractors which utilize Indian
materials to the maximum extent possible subject however to the proviso in Article
5.1(a);
(c) Co-operate to the extent possible and without financial obligation with domestic
companies in India to enable them to develop skills and technology to service the
petroleum industry; and
(d) ensure that provisions similar to the terms of Article 5.1(a) to Article 5.1(c) above
are contained in the Sub-Contracts.
5.2 Contractor shall establish appropriate procedures, including tender procedures, for
the acquisition of goods, equipment and services, which shall ensure that Sub-
Contractors in India are given adequate opportunity to compete for the supply of
goods, equipment and services. The tender procedures shall include, inter alia, the
financial amounts or value of purchase orders which shall be awarded on the basis
of selective bidding or open competitive bidding, the procedures for such bidding
and the exceptions to bidding in cases of emergency.
5.3 Before 30th April of each year Contractor shall provide Company with a report
outlining its achievements in utilizing Indian resources during the preceding
Financial Year.
6.2 Contractor shall ensure that no Personnel (or any personnel of any other member of
the Contractor Group engaged in performance of Services) is permitted to possess,
use, distribute or sell firearms, explosives or other weapons at any time at
Company’s and Contractor’s sites.
6.3 Contractor shall ensure that no Personnel (or any personnel of any other member of
the Contractor Group engaged in performing the Services) is permitted on the
Company’s and Contractor’s sites if he is under the influence of alcohol or drugs or
if, in the opinion of the Contractor or the Company, he is unfit to work. The
Company shall have the right to test any of the Personnel of the Contractor Group
present at the Company’s sites for alcohol and drugs on a random basis.
7A.1 Each of the Parties represents and warrants to the other Party that, in the past five
years prior to the date of the Contract, neither it nor, to the best of its knowledge, any of its
Affiliates or Associated Persons, in connection with the Contract or the Work/Services,
a. has engaged in any activity, practice or conduct, which will amount to corruption
including but not limited to,
b. has directly or indirectly engaged in any other acts or transactions in each case, in
violation of or inconsistent with the (Indian) Prevention of Corruption Act, 1988 as
may be amended, re-enacted, replaced or consolidated from time to time and in
relation to the offence of abetment, Indian Penal Code 1860 as may be amended,
reenacted, replaced or consolidated from time to time, or any other Applicable Laws
67
relating to bribery or corruption, which is intended to enact the provisions of the
OECD Convention on Combating Bribery of Foreign Public Officials in International
Business Transactions, 1997 or has as its objective, the prevention of corruption.
7A.2 Each of the Parties further represents and warrants to the other Party that, in the past
five years prior to the date of the Contract, neither it nor, to the best of its knowledge, any
of its Affiliates or Associated Persons:
a. has directly or indirectly engaged in or facilitated any activity which will amount to
money laundering, including without limitation, smuggling, terrorism and terrorist
financing, conversion, concealment or disguise to make appear as legitimate, or
acquisition, possession or use, of any economic advantage or property obtained or
suspected to have been obtained from or in connection with any category of
offences designated under any Applicable Laws relating to money laundering or
other Applicable Laws; or
b. has violated any provisions of the (Indian) Prevention of Money Laundering Act,
2002, as may be amended, re-enacted, replaced or consolidated from time to time,
or any other Applicable Laws relating to money laundering, which is intended to
enact recommendations on International Standards on Combating Money
Laundering and Financing of Terrorism and Proliferation issued by the Financial
Action Task Force (FATF), or has as its objective the prevention of money
laundering or terrorist financing.
7A.3 Each of the Parties further undertakes to the other Party that neither it nor any of its
Affiliates or Associated Persons during the course of this agreement will act in a manner
that renders the representations and warranties contained in Article 7A.1 or 7A.2 above
incorrect, untrue or misleading.
7A.4 If, in the reasonable judgement of either of the Parties, the other Party is in breach of
its representations and warranties under Article 7A.1 or 7A.2 above, and/or undertaking in
Article 7A.3 above, the non-breaching Party shall have, without prejudice to any other right
or remedy legally available to it, the right to either:
a. require the other Party to undertake any and all requisite measures to remedy or
rectify such breach; and/or
b. terminate the Contract and recover any loss suffered by the non-breaching Party
resulting from such termination; and/or
c. recover in full from the breaching Party any other loss sustained by the non-
breaching Party as a consequence of any such breach, whether the Contract has
been terminated or not.
7A.5 Contractor further represents and warrants that it shall conduct due diligence before
appointment of its Sub-Contractor(s) and shall cause such Sub-Contractor(s) to comply
with all of the aforesaid Applicable Laws relating to corruption and money laundering and
undertakes to Indemnify the Company, its Affiliates and Associated Persons against any
Damages suffered on account of any failure by such Sub-Contractor(s) to comply with the
aforesaid Applicable Laws relating to corruption and money laundering.
68
If Contractor or any of its Affiliates or Associated Persons becomes aware of or reasonably
suspects a violation or potential violation of Articles 7A.1, 7A.2 and 7A.3 by either of the
Parties to this Agreement, such Persons may report the same to the Company by sending
email to ‘ethics.taskforce@ril.com’.
7A.7 Protection:
If Contractor or any of its Affiliates or Associated Persons refuses to pay or offer a bribe or
raises concerns, or report any wrongdoing to the Company, such Person will not face any
form of retaliation from the Company. The Company encourages openness and will
support anyone who raises genuine concerns about any corrupt practices, in good faith.
7B.1 Each of the Parties represents and warrants to the other Party that, in the past five
years prior to the date of the Contract, neither it nor, to the best of its knowledge, any of its
Affiliates or Associated Persons, in connection with the Contract or the Work/Services,
a. has engaged in any activity, practice or conduct, which will amount to corruption
including but not limited to,
b. has directly or indirectly engaged in any other acts or transactions in each case, in
violation of or inconsistent with the Prevention of Corruption Act, 1988 as may be
amended, re-enacted, replaced or consolidated from time to time and in relation to
the offence of abetment, Indian Penal Code 1860 as may be amended, re-enacted,
replaced or consolidated from time to time, or any other Applicable Laws relating to
bribery or corruption, which has as its objective, the prevention of corruption.
7B.2 Each of the Parties further represents and warrants to the other Party that, in the past
five years prior to the date of the Contract, neither it nor, to the best of its knowledge, any
of its Affiliates or Associated Persons:
a. has directly or indirectly engaged in or facilitated any activity which will amount to
money laundering, including without limitation, smuggling, terrorism and terrorist
financing, conversion, concealment or disguise to make appear as legitimate, or
acquisition, possession or use, of any economic advantage or property obtained or
suspected to have been obtained from or in connection with any category of
offences designated under any Applicable Laws relating to money laundering or
other Applicable Laws; or
69
b. has violated any provisions of the Prevention of Money Laundering Act, 2002, as
may be amended, re-enacted, replaced or consolidated from time to time, or any
other Applicable Laws relating to money laundering, which has as its objective the
prevention of money laundering.
7B.3 Each of the Parties further undertakes to the other Party that neither it nor any of its
Affiliates or Associated Persons during the course of this agreement will act in a manner
that renders the representations and warranties contained in Article 7B.1 or 7B.2 above
incorrect, untrue or misleading.
7B.4 If, in the reasonable judgement of either of the Parties, the other Party is in breach of
its representations and warranties under Article 7B.1 or 7B.2 above, and/or undertaking in
Article 7.3 above, the non-breaching Party shall have, without prejudice to any other right
or remedy legally available to it, the right to either:
a. require the other Party to undertake any and all requisite measures to remedy or
rectify such breach; and/or
b. terminate the Contract and recover any loss suffered by the non-breaching Party
resulting from such termination; and/or
c. recover in full from the breaching Party any other loss sustained by the non-
breaching Party as a consequence of any such breach, whether the Contract has
been terminated or not.
7B.5 Contractor further represents and warrants that it shall conduct due diligence before
appointment of its Sub-Contractor(s) and shall cause such Sub-Contractor(s) to comply
with all of the aforesaid Applicable Laws relating to corruption and money laundering and
undertakes to Indemnify the Company, its Affiliates and Associated Persons against any
Damages suffered on account of any failure by such Sub-Contractor(s) to comply with the
aforesaid Applicable Laws relating to corruption and money laundering.
7B.7 Protection:
If Contractor or any of its Affiliates or Associated Persons refuses to pay or offer a bribe or
raises concerns, or report any wrongdoing to the Company, such Person will not face any
form of retaliation from the Company. The Company encourages openness and will
support anyone who raises genuine concerns about any corrupt practices, in good faith.
8.1 Contractor shall not be entitled to assign or otherwise dispose-off the Contract or
any rights, obligations and/or other interests under the Contract or create any
Encumbrance in any manner, in whole or in part, by operation of law or otherwise,
without the prior written consent of Company, such consent shall not be
unreasonably withheld.
70
8.2 The Contract and any or all of the rights, obligations and/or other interests of
Company under the Contract may be assigned or otherwise disposed off (in whole
or in part) by Company to any Affiliate of Company, Co-venturers and Lenders
without the prior written consent of Contractor and Contractor shall execute any
such documents as are necessary to do so upon the request of Company. The
Contract and any or all of the rights, obligations and/or other interests of Company
under the Contract may be assigned or otherwise disposed-off (in whole or in part)
by Company to a Third Party with the prior written consent of Contractor and such
consent shall not be unreasonably withheld.
8.3 The Parties agree that, in the event of an assignment or transfer as described
herein, they shall execute without delay, a formal agreement, specifying the date of
the assignment or transfer of interest, to be effective on the written assumption by
the transferee of all obligations under the Contract
8.4 The appointment by Contractor of Sub-Contractors does not in any way relieve
Contractor from its obligations and liabilities under the Contract and Contractor
remains liable for the performance of the Sub-Contractors at all times.
ARTICLE 9- ENCUMBRANCE
9.1 Contractor shall not claim any Encumbrance or attachment on any property of
Company in the possession of Contractor Group.
9.3 Before withholding any payment due to the Contractor in accordance with Article
9.2, the Company shall give to the Contractor opportunity to demonstrate that the
purported attachment or Encumbrance is either unenforceable or is covered by the
provisions of an enforceable policy of insurance.
9.4 Upon completion of the Services, or upon earlier termination, Contractor shall
submit to Company within sixty (60) days of completion or termination date, a
certificate of release and final payment stating that all debts, taxes, liens,
Encumbrances, privileges, claims, charges and obligations arising out of the
purchase or lease of Contractor’s Equipment, Contractor’s Materials, supplies and
labour for use in the Services hereunder have been fully and finally paid.
9.5 In the event of any dispute, Contractor shall post a bond or any other form of
security, in a form and from an issuer, acceptable to Company to secure Company
against any such liens or Encumbrances. Such bond shall ensure immunity to
Company Group from all liens or claims for which Company Group might be or
become liable.
71
ARTICLE 10- CHANGES
10.1 Company may, at any time, issue a written notice to Contractor (“Change Notice”)
if there is a change in any one or more of the following items:
10.2 If (a) Contractor receives a Change Notice; (b) Contractor considers that an act or
omission by Company constitutes a change to any of the items listed in Article
10.1 (1) through 10.1 (4) and the same has not resulted due to any breach or
default of the Contractor; or (c) there is a Change in Law; then Contractor shall, no
later than twenty one (21) days following such receipt of Change Notice or twenty
one (21) days following the occurrence of (b) or (c), may issue a detailed written
proposal (“Change Proposal”) to Company providing:
(ii) a calculation of any unavoidable impact on Mobilization for carrying out the
changes mentioned in the Change Notice together with relevant supporting
documents.
10.3 No later than twenty-one (21) days following receipt of a Change Proposal,
Company may request any further supporting information from the Contractor in
order for it to consider the Change Proposal. The Contractor shall provide such
information to Company no later than fourteen (14) days following such request.
10.4 No later than twenty one (21) days following receipt of all information requested by
Company from Contractor under Article 10.3, (or, if no such information is
requested, no later than twenty one (21) days following receipt of the Change
Proposal), Company shall notify Contractor whether or not it approves the Change
Proposal, and if Company approves the Change Proposal, then Company shall
issue a change order to the Contractor authorizing the Contractor to carry out the
change (“Change Order”). For the avoidance of any doubt, if Company agrees to
accept the Change Proposal partially, then Company will issue Change Order for
the partial component of the Change Proposal which is agreed by Company.
10.5 To the extent that any change results in a change to the rates specified in Exhibit-C,
including payment terms, shall be amended as follows: (i) where the item(s) which
are affected by the change existed before the change the applicable line item prices
shall be amended accordingly, (ii) where the change adds new line items which did
not exist before the change, new line item prices and relevant changes to payment
72
terms (if any) shall be inserted.
10.6 If Company does not approve a Change Proposal in entirety or in part, then any
dispute in relation thereto shall be resolved by the Parties in accordance with Article
32. Until such dispute is settled or resolved, Company shall having taken into
account the relevant provisions of the Contract and all other relevant factors, make
such adjustments to the Exhibit C [Price Schedule] and the Completion of
Mobilization Date as Company considers fair and reasonable. The Company will
inform the Contractor of decisions reached in this respect and make appropriate
payments in accordance with such Company decisions.
10.7 Notwithstanding Articles 10.4 and 10.5, following the issuance of any Change
Notice, Change Proposal or Change Order by Company or Contractor, Contractor
shall comply with the terms of the Change Notice or directions of Company
notwithstanding any dispute in relation to the validity or interpretation of the Change
Notice or the Change Proposal or the Change Order in relation thereto.
10.8 If, in respect of any claim for a change to the Contract, Contractor fails to comply
with any of the requirements of Articles 10.1 through 10.7 above, then Contractor
shall lose any entitlement to such change without any further action being required
of Company.
11.2 Notwithstanding the above provision, Contractor shall not be responsible for design
defects, latent defects, shortages, defects not normally identifiable, and non-
conformance with the specifications of the Company furnished material. Contractor
shall remain responsible for any unreported shortage of supply and unreported
visual damages/ defects and the Contractor shall not be entitled to any change in
the contract value or extension of time or schedule for performance.
12.1 Contractor represents and warrants that, the Contractor’s Equipment, Contractor’s
Materials and Contractor’s Resources shall conform with Applicable Laws.
Contractor shall in the performance of all of its obligations under the Contract,
73
comply with the standards of quality specified in the Contract and, in addition to,
those best industry practices prevailing or promulgated, from time to time, in the
international oil and gas industry.
12.3 Company or its representatives including its nominated inspection agency shall
have the right but not the obligation, to inspect a) any part of Contractor's premises,
Contractor's Equipment, Contractor’s Materials and Contractor’s Resources at any
time to observe their condition and performance; b) performance of Personnel; and
c) all documentation relating thereto and may notify Contractor of any apparent
defects therein. Contractor shall take immediate steps to rectify the defects at its
cost. However, such inspection by Company shall not imply any acceptance of the
condition of Contractor’s Equipment, Contractor’s Materials and Contractor’s
Resources by Company and Contractor shall not be relieved of its obligations under
this Contract by any such inspection. Contractor shall keep and maintain up-to-date
records of all Contractor's Equipment and Contractor’s Materials at Worksite
reflecting its condition and quantity and shall make such records available to
Company whenever requested.
12.4 Neither the acceptance of the Contractor’s Equipment and Contractor’s Materials by
Company nor the reliance by Company on the certificate of any certifying authority
or inspection by any inspection agency shall relieve the Contractor from liability for
any breach by the Contractor of its warranties (whether express or implied) given
pursuant to the Contract.
12.5 Unless otherwise provided in the Contract, all testing of Contractor’s Materials or
Services shall be performed by Contractor, at its expense, and in accordance with
Contract requirements.
12.6 Contractor shall, at its expense, furnish samples as requested by Company and
shall, at its expense, provide reasonable assistance and co-operation necessary to
permit tests to be performed on Contractor’s Materials or Services including
reasonable stoppage of Services during testing.
12.7 Company will perform or cause to be performed any and all tests and chemical
analysis for Contractor’s Materials to be incorporated into the Services. The
performance or non-performance of tests by Company on any Contractor’s
Materials that Contractor has a responsibility to supply and use in the Services,
shall not in any way relieve Contractor from supplying Contractor’s Materials that
comply with the specifications contained in the Contract.
74
ARTICLE 14-INTERFACE WITH OTHER CONTRACTORS
14.2 Contractor shall work and co-ordinate with Contractor Group and Company Group
to ensure effective management and resolution of all technical issues encountered
at any interface and shall, subject to its obligations of confidentiality under the
Contract, share all relevant information with Contractor Group and Company Group.
14.4 In the event Contractor fails to comply with its obligations under Article 14.3, then
Contractor shall be liable to reimburse Company for all costs and expenses incurred
by Company due to such failure of Contractor.
15.2 Contractor shall, within fifteen (15) days from Effective Date of the Contract, submit
to Company the initial schedule consisting of detailed activities such as date and
place of shipment, name of vessel, arrival date at the port of entry, date of custom
clearance, expected date of reaching to the Shore base, readiness to commence
Services etc. The schedule shall be based on a critical path analysis of activities
and sequence of operations needed for commencement of Services in accordance
with the Contract. Subsequent to submission of initial schedule, Contractor shall
submit weekly updates.
15.3 Company reserves the right to mobilize Contractor’s Equipment, Personnel for
multiple rig operation in multiple blocks under this Contract.
16.1 Delivery
(a) Contractor shall be responsible for shipping, custom clearance and loading at port
of entry, inland transportation and unloading of Contractor’s Equipment and
Contractor’s Materials at the Shore base in accordance with the terms of the
Contract and shall bear all the costs incurred thereof, except as provided in Article
39.
75
(b) Delivery and shipment shall be deemed to be completed when Contractor’s
Equipment and Contractor’s Materials are delivered and landed at the Shore base
as evidenced by packing lists and / or supply vessel manifests.
16.2 Title
(a) All raw data, field logs and documents covered by this Contract in respect of the
Services and any part thereof and everything intended for incorporation therein
shall, as soon as they are dedicated to or originated in connection with the
Services, be the sole and unencumbered property of Company. All such raw data,
field logs and documents shall, when at the Worksite, be deemed to be exclusively
intended for and dedicated to the Services. Contractor shall ensure that the
confidentiality of Company’s property is maintained and that no encumbrance shall
arise on any of Company's property.
(b) When, under this Article, title to the raw data, field logs and documents or part
thereof passes to Company, Contractor shall, where practicable, clearly mark or
identify the same in a manner approved by the Company Representative stating
that the raw data, field logs and documents or part thereof are the property of
Company. Company Representative shall be entitled at all reasonable times to
inspect the raw data, field logs and documents or part thereof at all areas where the
Services is being or has been performed to ensure that this Article has been
observed and, if it has not been observed, to clearly mark or identify as aforesaid on
the raw data, field logs and documents at Contractor's cost.
(i) The Contractor’s Equipment / Contractor’s Materials or part thereof are first
identifiable as being appropriated to the Contract;
(iii) When the Contractor’s Equipment/ Contractor’s Materials or part thereof are
delivered to Company.
Notwithstanding the foregoing, Contractor shall be responsible for and shall bear
any and all risk of loss or damage to the Contractor’s Equipment/ Contractor’s
Materials until delivery thereof in accordance with the delivery provisions of this
Contract. Upon such delivery, risk of loss or damage shall pass to Company,
provided however that any costs resulting from loss or damage, whenever
occurring, which results from Contractor’s non-conforming package or crating shall
be borne by Contractor.
76
16.3 Shipment
(a) Packing for Contractor’s Equipment and Contractor’s Materials shall be seaworthy
and able to withstand rough handling conditions from the port of shipment to
Worksite.
(c) All shipment documents must be dispatched to Company by air courier immediately
upon shipment and Contractor shall notify Company by facsimile of the date of
dispatch.
(d) All Contractor’s Equipment and Contractor’s Materials shall be prepared for
shipment and stored to prevent damage or deterioration as described in this
Contract. Contractor shall notify Company of the time and date of dispatch
immediately upon Contractor’s making dispatches of Contractor’s Equipment and
Contractor’s Materials to Company.
ARTICLE 17-COMPLIANCE
17.1 Contractor represents and warrants that all Services hereunder have been
performed in strict compliance with all Applicable Laws to which they are subject to
any jurisdiction. Contractor shall execute and deliver to Company any documents
which Company may require to effect or to evidence such compliance.
17.2 Contractor undertakes to obtain or to procure any and all licenses, permits,
consents and approvals which may be required by any Government Authority to
enable the performance of the Services in accordance with the Contract.
17.3 Contractor must conduct their activities in a manner that respects human rights,
including:
(ii) No engagement or employment of people against their own free will (forced
labour).
(iv) Compliance with all Applicable Laws and regulations on wages and benefits,
working hours, employment practices and labour conditions in the countries
of operation.
17.4 The Contractor shall at all times take all necessary precautions to prevent any
77
unlawful, riotous or disorderly conduct by or amongst its Personnel (and any
personnel of any other member of the Contractor Group engaged in performing the
Services) and for the preservation of peace and protection of persons and property
at (and around) the Worksite against the same.
17.5 Permits:
(1) Contractor shall obtain all authorizations, permits and licenses that are
necessary for the performance of Services and are required to be obtained
by or in Contractor’s name. Contractor shall, in close consultation with
Company, determine when and what authorizations, permits and licenses
are required to be obtained in order that Services may be performed
expeditiously and shall assist Company, if required, in obtaining all
necessary permits and licenses that are required to be obtained by
Company.
(2) Except as otherwise specified, Contractor shall obtain and pay for all permits
and inspections, other than inspections performed by Company and shall
furnish any bonds, security or deposits required to permit performance of the
Services.
(3) Contractor shall give all notices required to be given and pay all fees
required to be paid to any Government Authority in relation to the execution
of the Services.
(a) Contractor shall be solely responsible, at its own cost, for obtaining all
import permits and other licenses, including essentiality certificate
(EC), required for the importation of any of Contractor's Equipment,
Contractor's Materials, goods and its spares required for the purposes
of this Contract and shall pay or take adequate steps for availing of
exemptions of all customs and import duties arising from such
importation.
(c) Contractor shall use its own Import Export Code Number (IEC No.) to
import or export all or any of the Contractor's Materials, Contractor's
Equipment, goods and its spares required for the performance of this
Contract, as per the Applicable Laws. Contractor shall use all such
Contractor's Materials, Contractor's Equipment, goods and its spares
solely and exclusively for performance of the Services under this
Contract.
(d) Contractor shall keep valid all import permits, EC and other licenses
throughout the duration of the Contract or any extension thereof or till
export of the Contractor's Equipment, Contractor's Materials, goods
and its spares. Company shall not be liable for any delay, cancellation
or expiry of any permits or licenses.
(6) Contractor Group shall not furnish any false declarations or documents to
any Person in order to benefit from any exemption, deduction available under
the Applicable Laws. In the event, Government Authority discovers any false
declarations or any violation of Applicable Laws, including customs rules and
regulations, by the Contractor, the Contractor shall be solely liable for any
penalty, fine or any other charges, including any interest payable, that may
be levied by Government Authority on the Contractor and/or Company
Group.
(1) Contractor shall employ, at its own cost and expense, competent, qualified,
experienced and skilled Personnel to perform the Services and shall remove
from the Worksite any Personnel determined by Company to be unfit or to be
acting in violation of any provision of this Contract. Contractor is responsible
for maintaining labour relations in such manner that there is harmony among
workers and shall comply with and enforce Site procedures, regulations and
work rules established by Company.
(2) For key operations/ positions, Company reserves the right to approve the CV
of the Personnel prior to mobilization of Personnel. Contractor shall ensure
that the key personnel and supervisory personnel shall read, write and speak
fluent English. Contractor’s key Personnel shall not be replaced without the
prior written approval of Company. Contractor shall plan reasonable
handover period for any replacement or transition among the Personnel due
to change in shift or any circumstances (not covered in Article 17.6(3) below)
79
to ensure smooth operation.
(3) Company shall be entitled, without prejudice to any other rights or remedies
available to Company under the Contract or otherwise in law, to object to and
require Contractor to remove from the Services any Person who, in the
reasonable opinion of Company, is incompetent, misconducts himself, is
negligent in the proper performance of his duties or is otherwise considered
to be undesirable. In such an event, Contractor shall forthwith remove such
Person from the Services, and such Person shall not be again employed on
the Services without the prior written permission of Company. Contractor
shall forthwith replace, at Contractor's sole expense, any such discharged
Person with a suitably qualified and experienced Person acceptable to
Company. Such replacement shall be seamless and the replacement Person
shall work with the replaced Person for a reasonable handover period prior to
the change. However, during such handover period day rate, if applicable, for
only 1 (one) Person shall be payable.
(4) Contractor Group shall comply with all Applicable Laws and obtain
appropriate permits and security clearances from the concerned Government
Authority prior to the appointment of Personnel for employment under this
Contract.
Contractor shall determine and obtain all necessary entry permits, visas,
security clearances, injections and inoculations and in general any other
permission, approvals or actions required for uninterrupted and unhindered
stay of its Personnel at the Worksite. Contractor shall solely bear all costs
related to the obtaining of all such clearances.
During the period of stay, if the Expat leaves India for more than 45 days, a
fresh security clearance is required.
(5) In case Company becomes liable to pay any wages or dues to the labour or
to any government agency under the provisions of any Applicable Laws
including but not limited to the Minimum Wages Act, 1948; Workmen’s
Compensation Act, 1923; Contract Labour (Regulation and Abolition) Act,
1970; due to an act or omission by Contractor Group, Company may make
such payments and the total amount of such payments shall be deducted
from amounts due or which may become due to Contractor.
(6) The Contractor shall, in performing the Services, as far as possible, engage
personnel, workers available in local area or India, provided that such
personnel, workers possess the required qualification, experience and skill
required for the Services.
(7) Contractor shall be responsible for and shall assume all liability in respect of
all claims for any retrenchment or benefits.
(8) In the event the Contractor Personnel cause any disturbance, organise any
demonstration, strike, sit-in or picket on or about the Worksite or the office of
Company, Contractor shall forthwith remove the same. Company may,
without prejudice to its other rights, take any steps for the removal of such
obstruction, as it may desire.
18.1 If Contractor for any reason other than Force Majeure, fails to achieve Completion
of Mobilization, then Contractor shall pay to Company, as ascertained and agreed
liquidated damages, and not by way of penalty, for such delay, 2 (two) days
Operating Day Rate specified in Exhibit “C”, for each day of such late Completion of
Mobilization up to a maximum of twenty (20) days Operating Day Rate specified in
Exhibit C”.
If Contractor for any reason, other than Force Majeure; Suspension; and Changes;
fails to meet the respective mobilization date(s) mentioned in the respective Call
Out Order or amendment thereof, Contractor shall pay to Company, as ascertained
and agreed liquidated damages, and not by way of penalty, 3 days rental of the
entire Contractor’s Equipment specified in the respective subsequent Call Out
Order for per week of delay or pro-rata for part thereof, up to a maximum of 30 days
rental of the entire Contractor’s Equipment specified in the respective subsequent
Call Out Order.
This provision shall apply independently for each Call Out Order.
18.2 The payment of liquidated damages shall not affect the right of Company
to:
(a) recover damages resulting from the breach of any other provisions of this
Contract.
18.3 Company may, without prejudice to any other method of recovery, deduct the
amount of such liquidated damages from any monies due or which may become
due to Contractor. The payment of liquidated damages shall not relieve the
Contractor from any of its obligations and liabilities under the Contract. GST as
applicable on liquidated damages shall be borne by Contractor.
18.4 Contractor agrees that the liquidated damages stipulated hereinabove are genuine
pre-estimate of the loss/damage which Company will suffer on account of
delay/breach on the part of the Contractor and the said amount shall be payable
without any requirement of proof of the actual loss or damage caused by such
delay/breach.
(a) it is duly organised, validly constituted and in good standing under the laws of
the jurisdiction in which it exists;
(b) it has the full power, authority and legal right to execute and deliver and
perform its obligations under the Contract;
(c) the Contract has been duly authorised by its board of directors or
management, has been duly executed by its legal representatives and
constitutes its legal, valid and binding obligation.
(d) the execution and performance of the Contract has been duly authorized,
executed and delivered, the Contract constitutes a valid and binding
obligation of Contractor, enforceable according to its terms, and such
execution, delivery and performance is not in breach, conflict with or in
contravention of any Applicable Laws or of Contractor’s corporate
organizational documents or of any mortgage, indenture, agreement or
undertaking to which Contractor is a party or by which it is bound or which
otherwise affects, nor does such execution, or performance require consents
under any other agreement to which Contractor is party or is bound;
(e) there are no Third Party rights that limit or restrict the ability of Contractor to
perform its obligations under the Contract and all permits, licenses, and other
rights that are the obligation of Contractor in connection with the Contract
have been obtained or will be obtained prior to commencement of Services
and those which may be required during the Contract Period;
(h) there are no defaults or events of default existing or potentially likely to exist
by Contractor with regard to the Contract; and
20.2 Contractor shall promptly inform Company when any of the representations and
warranties in Article 20.1 are breached.
20.3 Contractor represents and warrants that, as of the Effective Date: (i) it has fully
acquainted itself with the information contained in the Contract and knows of no
reason why any physical or crucial aspects would interrupt or delay the diligent
performance of its obligations in accordance with the Contract; and (ii) it is fully
acquainted with the nature of the duties it undertakes to perform in the Contract and
knows of no reason and anticipates no interruptions, whether by labour disputes or
otherwise, which would prevent it from diligently performing its obligations in
accordance with the Contract.
d) the operation shall comply with all Applicable Laws including laws relating to
safety, health and environment; and
e) Contractor represents and warrants that Services shall comply with the
Contract and shall be free from all deficiencies
Contractor hereby represents and warrants that if at any time during the currency of
this Contract, any of the Contractor’s Equipment intended for use in carrying out the
Services are owned in whole or part by a Third Party or leased by Contractor from a
Third party, Contractor shall procure an undertaking in writing from such Third Party
of the unconditional availability of such Contractor’s Equipment for the Services to
be performed under the Contract.
Such undertaking from the said Third Party shall not create any contractual
relationship between Company and the said Third Party and Contractor shall
continue to be obliged and liable for all actions arising out of use of such
83
Contractor’s Equipment, as per terms of the Contract.
20.6 In the event Contractor’s Materials does not conform to the requirements of the
Contract, Company shall have the right to reject such materials. Contractor shall
replace all the rejected materials within 30 (thirty) days from the date of the
notification. In the event the Contractor fails to replace the rejected materials,
Company reserves the right to rectify the defects or to procure alternate or
equivalent materials at the risk and cost of the Contractor.
21.1 For the performance of the Services in accordance with the Contract, Company
shall pay the Contractor at the rates specified in Exhibit C and the Contractor’s
entitlement to be paid such rates shall be as specified in Exhibit C.
21.3 The rates payable to Contractor pursuant to Exhibit C covers and includes all costs
and expenses incurred by Contractor to provide or perform the Services and all of
its obligations contemplated in the Contract and there shall not be any other
payments to be made by Company for Contractor’s performance of its obligations
including the Services contemplated by the Contract.
21.4 Invoices shall be endorsed with the Contract number and title and shall be
submitted in two (2) originals and shall be forwarded to Company at the following
address:
Reliance Industries Limited, Petroleum (E & P),
Coal Bed Methane Project (CBM),
Village & PO: Lalpur, Tehsil: Burhar, Dist.: Shahdol,
Madhya Pradesh-484 110. India
Kind Attn: Mr. Viren Parekh
GSTIN No. 23AAACR5055K2ZE
Contractor shall arrange entries for quantities of Services performed during the
preceding month through Joint Measurement System (JMS) being used by
Company. Company’s representatives shall certify such entries through JMS. Post
certification, Contractor shall also submit digitally signed invoice through Company’s
web portal in addition to physical submission, as mentioned above.
21.5 Contractor shall raise separate invoices for the following items:
d) Any other activities and transactions for which invoices may be raised
pursuant to the Contract for performance of the Services.
84
Invoices shall be supported by copies of documents such as time sheets, log
sheets, field tickets, or meter runs signed by Company’s Representative and, where
applicable, packing list, ocean bill of lading, airway bill, certificate of origin and
undisputed commercial invoice. Payment towards invoices submitted without
supporting documents shall be withheld by Company and the processing of invoice
shall commence only after receipt of all the requisite supporting documents by
Company.
21.6 Contractor will invoice Company in accordance with Exhibit C on a monthly basis
during the Contract Period covering all periods up to and including the last day of
the preceding calendar month. The invoices shall be submitted no later than the
21st day of the calendar month immediately succeeding the calendar month to
which the invoice relates.
Company shall pay Contractor undisputed amounts within forty five (45) days after
receipt of the invoice along with relevant supporting documents referred to in Article
21.5 above. Payments made by Company shall not preclude the right of Company
to thereafter dispute any items invoiced and shall not mean Company’s acceptance
of the performance by Contractor of its obligations hereunder and in no event shall
any such payment affect the warranty obligations of Contractor. Any payments
withheld shall be without prejudice to any other rights or remedies available to
Company.
21.7 Company shall within thirty (30) days of receipt of original invoice notify Contractor
of the items disputed specifying the reason. Any portion of invoice not in dispute will
be paid by Company within the due date. Parties shall endeavour to resolve the
disputed items as soon as possible. Upon resolution of the dispute the Contractor
shall raise a separate invoice for such disputed amount. Payments made by
Company shall not preclude the right to thereafter dispute any items for which
payments are made.
21.8 In accordance with the Indian Income Tax regulations, inclusion of permanent
account number (PAN) on all invoices is mandatory and the same shall be specified
in each invoice to be raised by Contractor and Company shall mention the PAN in
the tax certificate to be issued to the Contractor. Company shall not be obliged to
process Contractor’s invoices without PAN.
21.9 Contractor shall raise invoice as per GST Law while claiming the GST. Company
shall not be obliged to process Contractor’s invoices submitted without compliance
of the aforesaid GST Law.
21.10 Company shall pay Contractor’s invoices for the Services in the manner specified
herein, subject to:
a) the condition that Contractor performs and observes its obligations under the
Contract;
21.11 Without prejudice to any other rights and remedies of Company (including in
relation to set-off), Company may withhold any payment to be made under the
Contract, if Contractor has breached any of the conditions of the Contract. In such
circumstances, Company may apply any sums withheld in accordance with this
Article 21.11 to remedy any such breach or if such monies are insufficient, then
Contractor shall forthwith pay the deficient amount.
21.12 Contractor shall maintain at all times, in a reasonable level of detail and in the
format reasonably directed by Company, all cost records and accounts relating to
this Contract and shall retain such cost records and accounts for a minimum period
of thirty six (36) months after the end of the Financial Year in which all Contractor’s
obligations under this Contract have been performed.
21.13 Company may elect to pay Contractor by means of electronic disbursement system
(EDS). Contractor shall advise Company in writing not less than thirty (30) days
prior to the first invoice to be issued by Contractor of the bank and account number
to which EDS payments may be made to Contractor.
21.14 Contractor shall promptly pay all claims of Sub-Contractors. Company may, at any
time, require Contractor to submit satisfactory evidence of all such claims. If
Contractor fails to submit such evidence or is unable to substantiate the with-
holding of monies from a Sub-Contractor as the result of a dispute, Company may,
at its discretion:
a) withhold the amount of such claim from any payment otherwise due to be
made by Company under the Contract unless and until Contractor has
furnished such evidence of payment; and
21.15 Notwithstanding anything in the Contract to the contrary, the Company shall not be
considered to be in breach or default hereunder in the event any payment to the
Contractor is delayed as a result of a failure by Contractor to obtain or to enable the
obtaining of the proper permits relating to any applicable taxes from the relevant
Government Authority in India.
21.16 Except where it is expressly provided that Company shall carry out an obligation
under the Contract at its own cost, all things to be supplied or performed by
Contractor under the Contract shall be deemed to be included in the Contract Price.
Without limitation all obligations of Contractor pursuant to the Contract shall be
performed by Contractor at its sole cost and expense.
86
21.18 Contractor shall be responsible and liable for payment of all taxes, duties, levies,
fees, charges and surcharges imposed on Contractor / Contractor's Group by the
Government of India or by any competent authority thereof. Charges include all
taxes, duties, levies, fees, charges and surcharges imposed by the Government of
India or by any country competent to levy or recover any tax relating to the Services
including, without limitation:
a) All license, permit, royalty, registration fees, and stamp duty; and income,
profit, excess profit, franchise, income tax and property taxes;
b) NOT USED;
c) Contractor’s unit rates and prices specified in Exhibit “C” exclude only GST,
however, it includes any GST payable on Contractor’s Resources. GST as
applicable shall be paid by Company to Contractor or Government
Authorities depending on whether the person liable for GST (PLGST)
payment is Company or Contractor. In case Contractor is PLGST, GST
would be paid by Company to Contractor provided GST registration number
is clearly mentioned in each invoice and the invoice is raised strictly as per
the requirement of the GST law.
d) Contractor confirms that its unit rates and prices specified in Exhibit “C” are
determined considering the input tax credit, set-off or any other similar
benefits as available.
f) All import and customs duties, surcharge tax, IGST, and all other statutory
imposts including any demurrage, penalties, fines, clearing and forwarding
charges etc., on Tools and other Contractor’s Equipment and Contractor’s
Resources imported or exported / re-exported by Contractor.
g) Contractor acknowledges that under the PSC, goods imported for petroleum
operations by Company or its contractors (including Contractor) will qualify
for exemption of customs duty (Customs notification no. 50/2017 Customs
dated 30th June 2017, Custom Notification No- 72/2017 Customs dated 16th
August 2017, Custom Notification No. 77/2017 Customs dated 13.10.2017
and Custom Notification No. 85/2017 Customs dated 14.11.2017,
CGST/IGST notification No.3/2017 (Rate) as applicable to CBM operation or
as notified from time to time). Contractor agrees and understands that
appropriate GST rate as applicable to petroleum operations payable on
import of Contractor’s Equipment and Contractor’s Resources or local
purchase shall be in the scope of Contractor. In the event of revocation or
amendment of the aforesaid notification by Government of India, resulting in
payment of custom duties (excluding applicable GST on Contractor’s
Equipment and Contractor’s Resources) by Contractor, the custom duty
(excluding applicable GST on Contractor’s Equipment and Contractor’s
Resources) paid by Contractor shall be reimbursed by Company to
Contractor, against production of documentary evidence; and;
87
h) All charges such as Visa charges, passport expenses, inoculation charges
etc. required for Personnel to be deployed on the Services.
21.19 Company shall have the right to withhold taxes on income, excess profits, royalty
and other taxes from payments due to Contractor under the Contract to the extent
that such withholding may be required by the Government of India or any relevant
authority thereof or by the Government of any other country, and payment by
Company to the respective governmental office of the amount so withheld will
relieve Company from any further obligation to Contractor with respect to the
amount so withheld.
21.20 Contractor shall not furnish any false declarations or documents to any Government
Authority in order to benefit from any exemption or deduction available under
Applicable Laws. In the event, the Government Authority discovers any false
declarations or any violation of laws, including customs rules and regulation by the
Contractor Group, Contractor shall be solely liable for any penalty, fine or any other
charges, including any interest payable, that may be levied by the Government
Authority on the Contractor Group and/or Company Group.
21.21 Contractor shall give prompt notice to Company of all matters pertaining to non-
payments, payment under protest or claim for immunity or exemption from any
taxes and duties under the Contract.
21.22 All taxes levied on Contractor’s corporate income or profits shall be for the account
of Contractor and shall not be reimbursed by Company.
21.23 In the event of any change in the rate of Indian taxes and duties (except change in
personal tax and tax on Contractor’s corporate income), due to Change In
Applicable Law after Effective Date and having a direct effect on the rates specified
in Exhibit C, then Contractor may raise Change Proposal pursuant to Article 10.2.
However, Contractor shall pass on the benefit of any cost reductions (except
change in personal tax and tax on Contractor’s corporate income) to Company as a
consequence of such changes. Notwithstanding any provisions of the Contract to
the contrary, Company shall not be liable for compensating any increase in the
personal taxes of Personnel and tax on Contractor’s corporate income.
21.24 Contractor shall be responsible for obtaining the tax clearances for remittances of
payments under the Contract. However, if Contractor requires Company to assist in
obtaining such tax clearances, Contractor shall submit the following documents
immediately upon signing the Contract so as to enable Company to obtain the
necessary tax clearances from the Indian income tax authorities. Any delay in
submitting the following documents may lead to delay in obtaining the said
clearances, which may in turn delay the payment of Contractor’s invoices:
e) copy of Permanent Account Number card issued by the Indian Income Tax
Department;
f) other document required by Company for obtaining the withholding tax order.
21.25 Contractor shall be responsible for all customs formalities for importation and
exportation of Contractor’s Equipment, Contractor’s Materials and Contractor’s
Resources (as well as that of its Sub-Contractors) at the port of entry or port of
exportation/re-exportation, as the case may be. Contractor shall also be
responsible for all import/export/re-export formalities including, but not limited to
import account of any payment made to or earned by Contractor or the Sub-
Contractors hereunder. Contractor shall import Contractor’s Equipment,
Contractor’s Materials and Contractor’s Resources on its own Import Export Code
(IEC) number and the Company IEC number shall not be issued by Company for
import of Contractor’s Equipment, Contractor’s Materials and Contractor’s
Resources by Contractor. Company shall prefer that Contractor engages the
services of a CHA (Clearing House Agent) for customs, import, re-export etc. from
Company’s approved list. If requested by Contractor, Company shall endeavour in
assisting Contractor with import/export/re-export formalities in respect of the
Contractor’s Equipment and Contractor’s Materials (as well as that of its Sub-
Contractors).
21.27 Company confirms that the Contractor’s Equipment and Contractor’s Resources to
be provided under this Contract (collectively “Items”) shall only be for use by it in
India for the purpose of exploration or production of hydrocarbons. However, if for
any reason whatsoever the end use or end user of these Items is required to be
changed or if these Items are to be taken for use in countries outside India, then
Company would request the Contractor to obtain consent from the concerned
authority in the Contractor’s country and such consent shall not be unreasonably
withheld by Contractor.
21.28 Company may deduct or retain out of any monies, which may be due or become
due to Contractor hereunder, any amounts owed by Contractor to Company
hereunder or otherwise.
21.29.1 With respect to the provision of Services under the Contract, the GST Law
obligates the Contractor to pay and discharge its liability towards the GST
Amount as a taxable person under the said GST Law. The Contractor shall, in
accordance with the GST Law, pay/ deposit the GST Amount with the
appropriate Governmental Authority under the GST Law within the time period
as specified therein and discharge its liability towards the said GST Amount.
21.29.2 Company agrees to reimburse the Contractor the GST Amount paid by the
Contractor in accordance with the payment terms contained in the Contract.
89
21.29.3 The Contractor shall solely bear and pay any incremental GST Amount levied
under the GST Law as a result of application of increase in the rate of GST for
any delays or defaults attributable to the Contractor with respect to the provision
of Services or compliance with the GST Law.
21.29.4 Without prejudice to Article 3, the Contractor hereby undertakes to comply with
the GST Law and provide the Company with correct invoice(s) in line with
instructions provided in Exhibit B, all supporting documents and information in
order that the Company is able to avail applicable input tax credit of the GST
Amount paid/ deposited by the Contractor or the Company, as the case may be.
21.30 The Contractor shall, among other compliances required to be made by the
Contractor as set forth in the GST Law:
(i) promptly pay/ deposit the GST Amount with appropriate Governmental
Authority in accordance with the GST Law within the time period so prescribed
in the GST Law;
(ii) provide the Company with correct tax invoice, containing all the particulars as
prescribed under GST Law along with all supporting documents and
information required to be provided by the Contractor to the Company under
the GST Law for the Company to avail the input tax credit of GST Amount paid
by the Contractor to appropriate Government Authority;
(iii) in respect of any advance paid by the Company to the Contractor against
provision of Services, the Contractor shall provide the Company with the
receipt voucher for the advance received by the Contractor from or on behalf
of the Company;
(iv) provide the Company with the ‘refund voucher’ as required under the GST
Law for the advance payment refunded by the Contractor to the Company (a)
in the event no supply or partial supply of Services is made by the Contractor
to the Company, no invoice is issued by the Contractor to the extent of such
non-supply and the Company has terminated this Contract to the extent of
such non-supply; or (b) in the event the Company has rejected the Services
for any reason set forth in the Contract.
(v) ensure that correct GST registration number of the Contractor from where the
Contractor proposes to issue the invoice for the provision of Services is
provided by the Contractor to the Company for incorporation in the Contract or
any other contract document;
90
(vi) ensure that correct GST registration number of the Contractor and the
Company is provided on the invoice(s) issued by the Contractor;
(vii) ensure that correct GST registration number of the Contractor and the
Company is mentioned in the Contractor’s sales details uploaded as specified
in all applicable returns to be filed by the Contractor in the prescribed formats
under the GST Law;
(viii) timely file the returns in the formats prescribed under the GST Law;
(ix) determine the correct Place of Supply as per GST Law. If the Place of Supply
for a particular supply is different from the location of the Company, then the
Place of Supply shall be declared on the invoice issued by the Contractor.
(x) accept the modification proposed by the Company in GSTR 2 in the event the
Company notifies the Contractor that the Company does not accept the
Services or accepts only part of the Services along with the issuance of credit
note to the Company for such non-acceptance or partial acceptance of
Services; and
(xi) ensure prompt re-performance of the defective Services. In the event the
Contractor delays re-performance of the defective Services, then Contractor
shall be solely responsible for any GST compliance under GST Law.
21.31 The Contractor shall provide correct Service Accounting code (“SAC”) for the
Services rendered. Where SACs for each item of Services rendered under the
Contract differ, then the Contractor shall provide on all invoices the correct SAC for
each line item of Services rendered for which invoice is raised as specified in the
Contract.
21.32 Contractor acknowledges that goods procured (both domestic and imported) for
petroleum operations or CBM operation by Company or its contractors shall qualify
for concessional GST vide notification No.3/2017-Central Tax (Rate), 3/2017-
Integrated Tax (Rate), 3/2017-Union Territory Tax (Rate) dated 28.6.2017 read with
relevant SGST notification and Customs notification no. 50/2017- Customs or as
notified from time to time. In the event of revocation or amendment of the aforesaid
notification by the respective Government resulting in payment of excess tax by the
Contractor, the tax paid by Contractor shall be reimbursed by Company to
Contractor against production of documentary evidence, except IGST paid on
imported goods which shall be solely borne by Contractor and Company will not
make any reimbursement in this regard. Similarly, in the event of reduction of tax
rate the Contractor shall pass on the benefit to the Company.
21.33 In case any back charges, liquidated damages, damages on any other account or
penalties are payable by the Contractor to the Company, then the Company shall
raise an invoice as per GST Law for the said amount to be recovered from the
Contractor along with the applicable GST thereon and Contractor shall pay the
91
amount forthwith along with tax or Company shall deduct such amount from any
invoices that are due and payable by Company.
21.34 Notwithstanding anything contained in the Contract to the contrary, the Contractor
agrees and acknowledges that the Company will not reimburse or pay the GST
Amount on the advance payment until such time the Company has adjusted the
entire advance payment against the completion of Services by the Contractor and
the Company is eligible under the GST Law to fully take the input tax credit on the
GST Amount paid by the Contractor on such advance payment and the Company
has taken such input credit tax credit.
21.35 In the event Company is unable to avail or is denied any input tax credit of GST
Amount paid by Contractor due to any failure by the Contractor, inter alia, (1) to
comply with the GST Law in any respect; (2) to provide the correct invoice, any
supporting documenters or any information to the Company in a timely manner; (3)
to resolve or cooperate to resolve any mismatch or discrepancy in the GST returns;
(4) to file the returns as required under the GST Law; (5) to make payment of tax or
delay in making the payment of tax under GST Law; (6) to determine correct Place
of Supply as per GST Law; then Company shall not be liable to reimburse to the
Contractor the GST Amount to the extent of such loss of input tax credit suffered or
incurred by the Company and Contractor shall Indemnify the Company from and
against (a) any and all claims, suits and actions (including attorney fees) which are
brought against Company; (b) and any and all interests, fines penalties, credit costs
including attorney fees incurred by the Company due to one or more of the events
mentioned in clauses (1) through (6) of this Article.
21.36 In the event the Company has inadvertently reimbursed the GST Amount to the
Contractor for which the Company is denied input tax credit for any reasons
attributable to the Contractor Group, then Company shall be entitled to adjust, off-
set from the amounts owed by the Company to the Contractor or recover from the
Contractor such loss of GST credit or benefit, as the Company may deem
appropriate.
21.37.1 Contractor shall provide the tax Invoice complying inter alia with the provisions of
Section 31 of the Central Goods and Services Tax Act, 2017 and the Invoice,
Debit and Credit Note Rules, 2017. Such invoice shall contain the following
particulars:
g) quantity in case of goods and unit or Unique Quantity Code or UOM thereof;
92
h) total value of supply of goods or services or both;
j) rate of tax (Central tax, State tax, Integrated tax, Union territory tax or cess);
l) place of supply along with the name of State, in case of a supply in the
course of inter-State trade or commerce;
m) address of delivery where the same is different from the place of supply;
21.37.2 The invoice shall be prepared in triplicate, in case of supply of goods, in the
following manner: –
21.37.3 The invoice shall be prepared in duplicate, in case of supply of services, in the
following manner: -
21.37.4 Invoice, with any corrections will be treated as invalid. No white fluid shall be
applied on the invoice for correction. Any correction required must be done by pen
by striking off the text to be corrected and authenticated by the authorized
signatory.
21.37.5 Invoice should not be torn and the impression in the invoice should be visible.
21.37.6 If any PO Quantity is short supplied by the Contractor to Company and if the
Contractor, on approval from Company, supplies such short-supplied materials
subsequently, such subsequent supply should be accompanied by a separate Tax
Invoice.
21.37.7 Goods received with defective invoices (Rectifiable defects as per Company) shall
be permitted inside the factory premises. However, in case, the tax Invoice is
defective and the defect is Non-Rectifiable as per Company, the goods will not be
taken inside the factory premises, unless the supplier of goods provides tax
forgone letter.
23.1 Except as otherwise provided in Article 23.10, Contractor shall Indemnify Company
Group Regardless of Cause from and against any and all Damages arising out of or
in any way connected with the performance or non-performance of the Contract
with respect to one or more of the following events:
23.2 Company shall Indemnify Contractor Group Regardless of Cause from and against
any and all Damages arising out of or in any way connected with the performance
or non-performance of the Contract with respect to one or more of the following
events:
23.3 Company shall Indemnify Contractor Group from and against any and all Damages
arising out of or in any way connected with the performance or non- performance of
the Contract with respect to one or more of the following events:
a) any injury to, illness (including disease) of or death of Third Parties caused
by one or more of the following acts of Company Group: (i) fraud; (ii)
Negligence; (iii) Gross Negligence; (iv) Willful Misconduct; (v) willful act or
omission;
For the avoidance of doubt, if there is a joint or concurrent liability of both Company
Group and Contractor Group due to one or more of the following acts of Company
Group and Contractor Group: (i) fraud; (ii) Negligence; (iii) Gross Negligence; (iv)
Willful Misconduct; (v) willful act or omission, then Company Group’s
indemnification obligation shall be limited to Company Group’s proportionate share
of such acts which caused the events mentioned in Articles 23.3 (a) or 23.3 (b) or
both.
23.4 Contractor shall Indemnify Company Group from and against any and all Damages
arising out of or in any way connected with the performance or non- performance of
the Contract with respect to one or more of the following:
a) any injury to, illness (including disease) of or death of Third Parties caused
by one or more of the following acts of Contractor Group: (i) fraud; (ii)
Negligence; (iii) Gross Negligence; (iv) Willful Misconduct; (v) willful act or
omission;
94
b) any damage to or loss of property of Third Parties caused by one or more of
the following acts of Contractor Group: (i) fraud; (ii) Negligence; (iii) Gross
Negligence; (iv) Willful Misconduct; (v) willful act or omission.
For the avoidance of doubt, if there is a joint or concurrent liability of both Company
Group and Contractor Group due to one or more of the following acts of Company
Group and Contractor Group: (i) fraud; (ii) Negligence; (iii) Gross Negligence; (iv)
Willful Misconduct; (v)willful act or omission, then Contractor Group’s
indemnification obligation shall be limited to Contractor Group’s proportionate share
of such acts which caused the events mentioned in Articles 23.4 (a) or 23.4 (b) or
both.
23.5 Contractor shall Indemnify Company Group from and against any and all Damages
arising out of or in any way connected to any failure by Contractor Group to comply
with any Applicable Laws that are applicable to Contractor Group for performance
of its obligations under the Contract.
23.6 Company shall Indemnify Contractor Group from and against any and all Damages
arising out of or in any way connected to any failure by Company Group to comply
with any Applicable Laws that are applicable to Company Group for performance of
its obligations under the Contract.
23.7 Contractor shall Indemnify Company Group from and against any and all Damages
arising directly or indirectly out of a claim, whether proven or otherwise, that any
Contractor’s Equipment and Contractor’s Materials or any part thereof, constitute an
infringement of any Intellectual Property Right. If the said Contractor’s Equipment
and Contractor’s Materials or any part thereof, infringe any Intellectual Property
Right and/or their use is enjoined, Contractor shall, at its own expense, either
procure for Company an irrevocable, world-wide, perpetual, royalty-free license to
continue using such Contractor’s Equipment and Contractor’s Materials or any part
thereof, or with Company's prior written approval, replace the Contractor’s
Equipment and Contractor’s Materials or any part thereof with substantially
equivalent but non-infringing Contractor’s Equipment and Contractor’s Materials or
modify them (and such spare parts) so they become non-infringing, provided
however, that no such replacement or modification shall in any way amend or
relieve Contractor of its representation, warranties, and other obligations set forth in
the Contract.
23.8 Contractor and Company agree that the responsibility for pollution or contamination
arising out of or in any way connected with the performance or non-performance of
the Contract shall be as follows:
95
B. Notwithstanding anything contained to the contrary contained in Article 23.3 and
23.4 and subject to Article 23.1, Article 23.2 and Article 23.8 A, Company shall
Indemnify Contractor Group Regardless of Cause from and against any and all
Damages arising from any pollution or contamination which has emanated from
(i) the equipment or any property owned or hired by any member of Company
Group; (ii) Contractor’s Equipment; Contractor’s Materials located below the
rotary table; or (iii) any property owned or hired by any member of the
Contractor Group; located below the rotary table.
23.9 Notwithstanding anything contained to the contrary in Article 23.3, Article 23.4 and
subject to Article 23.1, Article 23.2 and Article 23.8, Company shall Indemnify
Contractor Group Regardless of Cause from and against any and all Damages
resulting from (i) loss of or damage to any well or hole and cost of re-drill if
applicable; (ii) blowout, cratering or any uncontrolled well condition costs to control
a wild well and the removal of debris; (iii) damage to any reservoir, geological
formation or underground strata or the loss of oil or gas therefrom (iv) pollution
and/or contamination; cost of containment, clean-up and disposal emanating from
(i), (ii), (iii) above or from radioactive source, drill cuttings and associated muds
/waste materials, except to the extent caused by Gross Negligence or Willful
Misconduct or both of Contractor Group, in which event, Contractor shall Indemnify
Company Group from and against any and all Damages arising from such acts
which caused one or more of the events mentioned in Article 23.9 (i) through Article
23.9 (iv) above.
However, the maximum aggregate liability of the Contractor to Company Group for
any Third Party Damages for Contractor Groups Gross Negligence only pursuant to
this Article 23.9 shall be limited to USD XXXXXX (200% of the estimated contract
value for firm duration as per Article 37.1) and Company shall Indemnify Contractor
Group from and against any and all Damages in excess thereof. It is clarified that
there will be no limitation of Contractor Groups liability as regard their Willful
Misconduct.
If any loss of or damage is caused to the Contractor’s Equipment below the rotary
table due to one or more of the following circumstances (a) abrasive or corrosive
drilling or well bore fluids; (b) excessive or uncontrolled pressures such as may be
encountered during testing or well control situations; (c) excessive dog-leg severity
or fishing operations; then Company shall reimburse the Contractor as per the
mechanism stated in Article 23.11 (a) or (b) as the case may be.
96
Contractor’s control; (iv) Exposure of Contractor’s Equipment to conditions beyond
its rated certified safe maximum operating levels (except at Company’s direction);
(v) Ordinary wear and tear; (vi) improper maintenance; (b) to the extent such loss or
damage is covered by Contractor’s insurance or recoverable from other sources.
23.11 For total loss of/ damaged beyond repair or damage to Contractor’s Equipment
under Article 23.10, Company shall pay the Contractor in the following manner:
For the purpose of the foregoing, “depreciated value” means 80% of LIH price
as specified in Exhibit C of the total loss or damaged beyond repair of downhole
Contractor’s Equipment further depreciated at the rate of 2% (two percent) per
month commencing from the completion of mobilization of such downhole
Contractor’s Equipment.
For the purpose of the foregoing, “depreciated value” means 80% of LIH price
as specified in Exhibit C of the damaged down-hole Contractor’s Equipment
further depreciated at the rate of 2% (two percent) per month commencing from
the completion of mobilization of such down-hole Contractor’s Equipment.
In case, the Contractor and Company is of the view that either replacement cost of
“total loss/damage beyond repair of downhole Contractor’s Equipment” or repair
costs of “damaged downhole Contractor’s Equipment” is applicable, then Contractor
shall provide the rates for both and Company shall at its sole option, pay the
Contractor in respect of either of the foregoing repair or the foregoing replacement
costs.
23.13 In the event Company determines in its sole discretion that fishing operations are
the desired or appropriate course of action to recover any Contractor’s Equipment
which has become lodged and/or lost in the well, Subject to Article 23.1 (a),
Contractor shall, without assuming any liability, render assistance in advisory
capacity to Company to carry out fishing operation at Company's cost. If fishing
operations are not conducted or are not successful Company reserves the right to
abandon Contractor’s Equipment in the well and to reimburse Contractor as per
Article 23.10 and Article 23.11 above.
In the event any well being drilled hereunder shall blowout or crater due to any cause,
97
Company shall have the unrestricted right to use all of Contractor’s Equipment or its
Sub-Contractor’s equipment or both during such time as Company, or both Company
and Contractor, is or are engaged in bringing a well under control. When Contractor's
Equipment or it's Sub-Contractor’s equipment is under control of the Company, then
Contractor shall provide guidance to Company personnel for operating Contractor's
Equipment or its Sub-Contractor's equipment.
In such event, Company shall pay the Contractor the applicable operating
rate/monthly rate/daily rental as per the Price Schedule and if there is loss or damage
to any of Contractor’s Equipment or its Sub-Contractor’s equipment or both due to
such activity Company shall compensate Contractor in accordance with clause Article
23.10 and Article 23.11.
23.14 Contractor shall Indemnify Company Group from and against any and all
Encumbrances and attachments asserted by any Sub-Contractors or Third Party
pursuant to Article 9 in connection with performance or non-performance by
Contractor Group under the Contract.
23.15 Contractor shall Indemnify Company Group from and against any and all Damages
arising out of or in any way connected with the performance or non-performance of
the Contract (a) by reason of any alleged or actual default or omission by
Contractor Group for non-payment of taxes, excess profits, custom duties, royalties
by Contractor Group, (b) on account of taxes assessed or levied against or on
account of wages, salaries or other benefits paid to Contractor’s personnel and all
taxes assessed or levied against or on account of any property, material or
equipment of the Contractor Group, (c) due to furnishing by Contractor of any false
declarations or documents to any Government Authority in order to benefit from any
exemption or deduction available under Applicable Laws (d) from any claims made
by Sub-Contractor pursuant to Article 21.13 of the Contract, (e) due to provision of
first aid facilities to Personnel pursuant to Article 38.9; (f) in the event that the
Equipment are used for any purpose other than performing the Services under the
Contract or as instructed by Company; (g) out of non- compliance of the provision
of the Article 42.8; (h) pursuant to Article 42.9.5.
23.16 The Indemnitee shall promptly notify the Indemnitor of any claim or proceedings in
respect of which it is entitled to be indemnified under this Article 23. Such notice
shall be given as soon as practicable after the Indemnitee becomes aware of any
such claim or proceedings. The indemnification claim shall be paid by the
Indemnitor within thirty (30) days of receipt of the notice by the Indemnitee in
accordance with this Article 23.16. For the avoidance of doubt, failure to provide
prompt notice shall not be a defence except to the extent the Indemnitor is
prejudiced in any manner by such failure of providing notice. In any event the
Indemnitor shall take prompt action upon receipt of notice from the Indemnitee and
shall mitigate the effect of such claim or proceedings.
23.17 The Indemnitee shall have the right, but not the obligation, to contest, defend and
litigate (and to retain legal advisers of its choice in connection therewith) any claim,
action, suit or proceeding by Third Party, alleged or asserted against the Indemnitee
arising out of any matter in respect of which Indemnitee is entitled to be
indemnified. The Indemnitor shall be entitled, at its option and risk, to assume and
control the defence of such claim, action, suit or proceeding or settlement at its own
expense and through legal advisers of its choice, if it gives notice of its intention to
do so to the Indemnitee.
98
23.18 The Indemnitee shall not settle or compromise any claim, action, suit or proceeding
in respect of which it is seeking indemnity nor make any admission, or take or fail to
take any action that would prejudice the defence of any such claim, action, suit or
proceeding, in each case, without the prior written consent of the Indemnitor, which
consent shall not be unreasonably or arbitrarily withheld, conditioned or delayed.
23.19 The indemnities provided by the Parties to each other under the terms of the
Contract shall be absolute and independent obligations – in particular, such
indemnities shall not in any way depend on, be subject to or any way be affected or
limited by any insurance coverage a Party may have. Therefore, should the insurers
of a Party fail or become bankrupt, for whatever reasons including but not limited to
default or bankruptcy of itself or the said Party, to honour its obligations to the other
Party or its Group, such a failure shall not affect the indemnities given hereunder in
any way whatsoever and the Party liable to Indemnify shall continue to be bound
pursuant to Article 23.
23.20 The Contractor acknowledges that the Contract has been entered into by the
Company on behalf of the Company and Co-venturers, and that Company shall be
entitled to enforce all contractual indemnities against and recover losses and
damages suffered by the Company Group from the Contractor. The Contractor
acknowledges and undertakes that it shall enforce the terms of the Contract
including any claims of indemnity for Damages made by the Contractor Group, only
against the Company and not against Company Group.
23.21 In the event Company is unable to avail or is denied any input tax credit of GST
Amount paid by Contractor due to any failure by the Contractor including (1) to
comply with the GST Law in any respect; (2) to provide the correct invoice, any
supporting documenters or any information to the Company in a timely manner; (3)
to resolve or cooperate to resolve any mismatch or discrepancy in the GST returns;
(4) to file the returns as required under the GST Law; (5) to make payment of tax or
delay in making the payment of tax under GST Law; (6) to determine correct Place
of Supply as per GST Law; then Company shall not be liable to reimburse to the
Contractor the GST Amount to the extent of such loss of input tax credit suffered or
incurred by the Company and Contractor shall Indemnify the Company from and
against any and all interests, fines, penalties, credit costs including attorney fees
incurred by the Company due to one or more of the events mentioned above.
24.1 The term “Force Majeure”, as used in the Contract, shall mean any event or
circumstance listed in Article 24.2 that:
(a) is beyond the control of the Party claiming relief under this Article 24;
(c) affects (in cost and/or time) the ability of the affected Party to fulfil its
obligations under the Contract;
(d) the affected Party has taken all precautions, due care and necessary
alternative measures to avoid the effect of such event on the affected Party’s
ability to fulfil its obligations under the Contract and to mitigate the
consequences thereof; and
99
(e) is not the result of any failure of the affected Party to perform any of its
obligations under the Contract.
24.2 To the extent satisfying the requirements of Article 24.1, and subject to the
exclusions set forth in Articles 24.3, Force Majeure shall include one or more the
following events and circumstances:
(b) acts of war or other hostilities (whether declared or not), invasion, rebellion or
sabotage, revolution, insurrection, military or usurped power, civil war, acts of
terrorism, and acts of foreign enemies, confiscation or expropriation or
requisition on orders of any Government Authority or embargo;
24.3 For the avoidance of doubt, the term “Force Majeure” as used in the Contract does
not include:
(d) any change in Applicable Laws or change in the practice or policy of any
Government Authority.
(i) delays resulting from strikes or industrial disturbances arising out of or related
to the employees of the Contractor and/or the Sub-Contractors.
100
24.4 Neither Party shall be considered to be in default or in breach of its obligations
under the Contract to the extent that performance of such obligations is prevented
by the occurrence of an event of Force Majeure that arises after the Effective
Date, provided however, that the notice of such event is given in accordance with
this Article 24. Upon the cessation of an event of Force Majeure, the Party
affected thereby shall resume the performance of its obligations under the
Contract as soon as practicable.
24.5 Promptly upon becoming aware of any occurrence of an event of Force Majeure,
the Party affected by such event of Force Majeure event shall:
(a) notify the other Party and provide documentary proof (if any) of the existence
of an event of Force Majeure, and such notice and proof shall include (i) the
particulars of the event giving rise to such Force Majeure claim, in as much
detail as is available, (ii) its current estimate of the extent to which, and the
period during which, the performance of such Party will be affected by such
event of Force Majeure, and (iii) the particulars of the programme to be
implemented to ensure prompt and full resumption of such Party’s normal
performance under the Contract;
(b) thereafter provide interim reports of the status of the event of Force Majeure,
reasons for continued existence of such event, an estimate of the anticipated
duration of such event and any other information required by the other Party;
and
(c) give or procure access for representatives of that other Party (and, where the
Company is the other Party, its nominees) to examine the scene of the
relevant event or circumstances of Force Majeure.
24.6 Upon cessation of an event of Force Majeure, the affected Party claiming Force
Majeure shall promptly within two (2) days of such cessation notify the other Party
of such cessation of event of Force Majeure and commence undertaking its
obligations hereunder forthwith upon such cessation or as soon as practicable
thereafter.
24.7 During the period of delay attributed to an event of Force Majeure (unless the
Contract has been terminated in accordance with its terms):
(a) the affected Party shall endeavour to overcome and minimize the effects of
any event of Force Majeure and resume performance of its obligations as
soon as practicable after the effect of the event of Force Majeure ceases to
exist and prior to the end of each month following the month in which the
event of Force Majeure occurred, give the other Party a written statement on
its progress pursuant to Article 24.5(b); and
(b) the Parties shall perform their obligations under the Contract to the extent not
prevented by the occurrence of an event of Force Majeure and take steps to
mitigate the impact of such event.
24.8 Each Party shall bear their own costs incurred as a result of any event of Force
Majeure. The Contractor shall not claim, or be entitled to claim, for any increase in
the estimated Contract Price or otherwise seek to recover any costs in respect of
any event of Force Majeure except to the extent of any liabilities which accrued
between them prior to the event of the Force Majeure.
101
24.9 If an event of Force Majeure has occurred and shall continue for a period of not less
than one hundred and eighty (180) days, then Company shall thereafter be entitled
to terminate the Contract subject to giving Contractor thirty (30) days prior notice of
termination. If, at the expiry of such period of thirty (30) days, the event of Force
Majeure subject to such notice continues, the Contract shall terminate forthwith.
ARTICLE 25-NON-DISCLOSURE
(b) any Confidential Information which after disclosure to Contractor becomes part
of public domain, other than by action of Contractor or any party receiving such
information by, through or under Contractor.
(c) any Confidential Information, which the Contractor can show, was lawfully in
his possession at the time of disclosures to it without limitation or restriction
against directly or indirectly from Company.
(d) any Confidential Information which the Contractor rightfully received from Third
Party who did not receive such information, directly or indirectly, from Company
or otherwise subject to limitation or restriction on its use.
(e) any disclosure which Contractor must make by Applicable Law or pursuant to
the rules of any stock exchange, after Contractor has notified Company of the
same.
25.2 Contractor shall not disclose the existence of the Contract nor Company’s name
and Co-venturer’s name in connection with the Contract.
25.3 Contractor shall not (nor permit any Affiliate, Sub-Contractor or other Person to) put
out any public release (either through print or broadcast news media) any articles
prepared for internal or external publication, technical papers and discussion with
journalists relating in any way to the Contract and Services, without the prior written
consent of Company.
25.5 Contractor shall ensure that the provisions of this Article 25 are incorporated in the
Sub-Contracts and that the officers, Affiliates, employees and agents of Contractor
and of the Sub-Contractors comply with the same.
25.6 Contractor will return or cause the return of all documents and other materials
relating to or concerning any Confidential Information, and all materials supplied to
Contractor or otherwise in their possession or within their control and containing or
pertaining to any Confidential Information, including all copies of those documents
and materials then in existence:
(b) without demand as soon as such documents and other materials or any of
them are no longer required by Contractor for the performance of its duties;
or
25.7 All notes and memoranda of information concerning any Confidential Information
made or received by Contractor during the Contract Period are the property of
Company and will be surrendered by Contractor at the same time, as the
documents and other materials referred to in Article 25.6 are due to be returned to
Company.
ARTICLE 26-AUDIT
26.1 Company either itself or through its authorized representatives, upon at least fifteen
(15) days advance notice to Contractor, shall have the right to inspect and audit,
during normal business hours, all records and documents supporting costs,
expenditures, expenses, receipts and income, such as Contractor’s and the Sub-
Contractors accounts, books, records, invoices, cash vouchers, debit notes, price
lists or similar documentation with respect to its performance of the Contract in each
Financial Year, within three (3) years (or such longer period as may be required in
exceptional circumstances) from the end of such Financial Year. Company may
attend the premises of Contractor and the Sub-Contractors in order to exercise its
rights under this Article 26. For the avoidance of doubt, such right of audit does not
entitle Company to examine the composition of the prices and rates in the Price
Schedule or any proprietary information, trade secrets, formulae, processes.
Company shall have the right to reproduce any such documents, which have been
inspected.
26.2 For the avoidance of doubt, Contractor shall also permit any Government Authority
to exercise equivalent rights to those accorded to Company under Article 26.1.
ARTICLE 27-SUSPENSION
27.1 (1) Company may, for any reason of whatsoever nature, by notice to Contractor,
suspend at any time the performance of all or any portion of the Services.
Upon receipt of such notice, Contractor shall, unless the notice requires
otherwise:
(a) Immediately discontinue the Services on the date and to the extent
103
specified in the notice;
(d) Continue to protect and maintain the Services including those portions
on which Services has been suspended; and
(e) Take any other reasonable steps to minimise costs associated with
such suspension.
(2) Company can also suspend the Services in part or in full for reasons
attributed to Contractor’s default. However, prior to issuing the notice for
suspension, Company may give notice of default to the Contractor giving
details of such default and Company’s intention to suspend the Services as a
result of Contractor’s default. Within three (3) days from receipt of notice of
default, Contractor shall commence and thereafter continuously proceed with
action satisfactory to Company for rectification of such default, failing which
Company may, by notice to Contractor, suspend in whole or in part the
Services and Company may perform the Services to completion by awarding
a separate contract or by any other method deemed expedient.
For the avoidance of doubt, in case the Contractor fails to abide by the
provisions of Exhibit D, Safety Program and Safety Management System or
safety of Person or property is at risk, then Company shall have the right to
suspend the Services (in whole or in part) forthwith without issuing any notice
of default.
(3) If Company suspends the Services (either in whole or in part) for any reason
other than Contractor’s default and failure to comply with provisions of
Exhibit D, Safety Program and Safety Management System or safety of
Person or property is at risk, then Contractor shall be placed on “Zero Rate”
i.e., “US$ NIL”, until such failure has been corrected.
(4) If suspension results from Contractor’s default, any additional cost incurred
by Company as a result of such suspension shall be recoverable from the
Contractor.
(6) In the event, the suspension endure for longer than one hundred and eighty
(180) days, the Parties shall meet to resolve future events.
ARTICLE 28-TERMINATION
104
(A) Contractor’s performance of its obligations under the Contract may be terminated
by Company by giving 7 days written notice, in whole or in part, in accordance with
this Article. Any such termination shall be effected by issuing a notice of termination
(“NOT”) to Contractor specifying the extent to which performance of its obligations
under the Contract is terminated, and the date upon which such termination
becomes effective. Upon receipt of such NOT, Contractor shall, unless such notice
requires otherwise: (a) immediately discontinue any Services under the Contract on
the date and to the extent specified in the NOT; (b) place no further orders for
Contractor’s Materials, Contractor’s Equipment or Services other than as may be
necessarily required for completion of such portion of Services that is not
terminated; (c) promptly make every effort to either obtain cancellation on terms
satisfactory to Company of all contracts to Sub-Contractor’s or assign the Sub-
Contracts to Company;
(B) If requested in writing by Contractor within forty five (45) days after receipt of the
NOT, Company will pay to Contractor as full and final settlement of any amounts
payable by Company to Contractor under the Contract: (1) all amounts due and not
previously paid to Contractor for the performance of Services prior to such NOT;
(2) Demobilization Fee ; (3) Contractor’s direct costs of settling and paying claims
arising out of any cancelled Sub-Contracts and Contractor shall take all steps to
reduce such costs.
(C) Contractor agrees to provide to Company such substantiation of its claims for
payment submitted in accordance with Article 28.1(B) as shall be required by
Company to fully evaluate and determine the validity of Contractor’s claims.
(D) Notwithstanding anything contained to the contrary in this Article 28, Contractor
shall mitigate any loss, cost or damage which it may incur as a result of the
termination of the Contract or any part of the Contract pursuant to this Article 28.1.
(E) Contractor’s sole remedy, in the event of termination of Contract for convenience by
Company, is the right to claim payment of total sum under Article 28.1(B) and
Contractor shall not make any other claim of whatsoever nature under Law.
(A) Company may terminate the whole or any part of the Contract in any one or more of
the following circumstances:
g) if any other purchase order or contract for goods or services as required for
the Scope of Work / Services or project, to which Company and Contractor
and/or any of their respective Affiliates are party, is terminated by reason of
Contractor’s (and/or its Affiliates’) breach, delay in performance or failure to
perform its obligations under that purchase order or contract.
In the event of any such circumstance as mentioned above, Company will provide
Contractor with notice of the circumstance intimating the Contractor about and
Company's intention to terminate the whole or any part of the Contract (“Notice of
Default” or “NOD”). In the event that the circumstances mentioned in Article 28.2
(a) through (d) are remediable and Contractor does not remedy the same within ten
(10) days of receipt of such NOD, then Company may immediately terminate the
whole or any part of the Contract, as applicable. In the event that the circumstance
is not remediable, the NOD shall have the effect of immediately terminating the
Contract in whole or in part, as applicable. As regards circumstances in Article 28.2
(e) and (f), there will be no cure period and the Contract will stand terminated
forthwith upon receipt of NOD.
(B) If Company terminates the Contract in whole or in part pursuant to Article 28.2 (A)
above, Company may procure, upon such terms and in such manner as Company
may deem appropriate, at the sole risk and cost of Contractor, and procure services
of a similar nature and quality to substitute the Services which the Contractor has
not performed or in respect of which it is in default. Company may, in addition,
charge to Contractor the cost of administration of any contract awarded by
Company to others for completion of performance of such Services. Unless
expressly notified by Company, Contractor shall continue the performance of the
Services under the Contract to the extent not terminated under the provisions of this
Article 28.2.
(C) If Company shall intend to exercise or exercises its rights under Article 28.2 (A),
then Contractor agrees to assist Company by transferring to Company such
information relevant to the performance of the Services and by the performance of
all other requests made by Company.
(D) If, after termination of the Contract in whole or in part for default of the Contractor, it
is determined for any reason that Contractor was not in default, the rights and
obligations of the Parties shall be the same as if a NOT had been issued pursuant
to Article 28.1.
(E) In the event of termination of the Contract in whole or in part under this Article 28.2,
Company shall have the right to retain all amounts otherwise due to Contractor
under the Contract and to discharge any other liability of Contractor to Company
hereunder. If such costs and liabilities are less than the monies retained, as
aforesaid, Company shall pay the balance of the retained amount to Contractor. If
such costs and liabilities exceed the monies retained as aforesaid, then Contractor
106
shall, forthwith after being notified of the said amount, pay the difference to
Company. Such difference shall be recoverable as a debt immediately due and
payable by Contractor to Company.
(G) Upon termination of the Contract under this Article 28.2, Contractor shall:
b) maintain inventory and hand over to Company all materials, plant, tools,
equipment, and property provided by Company for performance of the
terminated Services;
e) comply with all other requests from Company regarding the terminated
Services; and
28.3 Termination of the Contract by Company shall not affect or prejudice any rights,
claims or liabilities which may have accrued to either Party prior to the date and
time of termination.
29.1 The remedies and relief set out herein are cumulative and are the exclusive
remedies and relief available for the breach of Contract whether under tort or
otherwise at law.
29.2 The maximum aggregate liability of Contractor to Company for any and all liabilities
under the Contract shall be limited to USD ………………(200% of estimated
Annualized contract value); provided, however, the aforesaid liability cap shall not
apply to any of Contractor’s liabilities or obligations arising out of provisions under
Article 7 [ANTI-CORRUPTION AND ANTI MONEY LAUNDERING], Article 20
[REPRESENTATION AND WARRANTY], Article 23 [INDEMNIFICATION], Article
25 [NON-DISCLOSURE], and Article 48 [PERMITS, CUSTODY AND CARE OF
RADIO ACTIVE MATERIALS AND EXPLOSIVES], and the same are expressly
excluded from and are not subject to the foregoing liability cap.
29.3 The Parties stipulate that the rights, obligations, and remedies under the Contract
were negotiated and freely entered into between them on equal terms and are a
107
commercially justifiable apportionment of risks, and that the remedies do not have
the predominant purpose of deterring breach.
(a) any liquidated damages payable by the Contractor pursuant to Article 18; nor
(b) any costs incurred by Company which are recoverable from the Contractor (as
expressly provided for in the Contract) including under the indemnities
provided for in the Contract shall under any circumstance be construed as
special, indirect or consequential damages for purposes of this Article 30.
31.1 The Contract shall be interpreted and in all respects shall be governed and
construed in accordance with the laws of the Republic of India excluding its conflict-
of-law provisions which would refer construction hereof to the laws of another
jurisdiction.
31.2 Subject always to Article 32 and provided that each Party may claim any interim
relief (such as specific performance or an interim injunction) and enforce any
arbitral award or judgment in such courts and jurisdiction as it may decide, all
disputes arising out of the Contract shall be subject to the exclusive jurisdiction of
the courts of Mumbai only.
32.1 Any dispute or difference of any kind whatsoever between the Company and the
Contractor arising under, out of or in connection with the Contract, including any
question regarding its existence, validity or termination and whether based in
breach of contract, tort or any other legal doctrine (a “Dispute”), shall be at the first
instance be mutually discussed for resolution between the Parties. Accordingly,
either Party shall refer such Dispute to the authorised signatory of the Contractor
and the Chief-SCM – E&P- Petroleum Business of Company for resolution. If the
Dispute has not been resolved within sixty (60) days, or within the mutually
extended period, pursuant to this Article 32.1, then either Party may refer the
Dispute to arbitration in accordance with Article 32.2.
32.2 Any Dispute which cannot be resolved by Contractor and Company in accordance
with Article 32.1, may be referred by either Party to arbitration. The arbitration
proceedings shall be conducted in accordance with the provisions of the Arbitration
and Conciliation Act 1996, as at present in force (“Act”).
32.3 The Party submitting any dispute to arbitration under this Article 32 shall serve
108
notice of its intention to do so on the other Party. Within thirty (30) days of service of
such notice, each Party shall appoint an arbitrator. Within a further thirty (30) days
the arbitrators so appointed shall appoint a third arbitrator (who shall be the
presiding arbitrator). If either Party fails to appoint an arbitrator or the third arbitrator
is not appointed pursuant to this Article 32 such arbitrator shall be appointed
pursuant to the provisions of the Act.
32.4 The arbitration proceedings and seat of arbitration shall be held in Mumbai. The
arbitration proceedings shall be conducted in the English language. The decision of
the arbitrators shall be final, binding and without appeal.
32.5 The Parties agree that no arbitrator shall be an employee of either Party (or any of
its Affiliates) or in any way financially interested in the Contract or the subject of
arbitration.
32.6 Each Party shall bear equally the costs of the arbitration unless and until the
arbitrators determine otherwise.
32.7 Contractor shall not stop the performance of Services under the Contract and the
Services shall continue as required under the Contract regardless of whether any
arbitration proceedings have commenced.
The Contractor agrees that the Company is and throughout the duration of the Contract
will be “most favoured customer” of the Contractor. As such, the Contractor confirms and
agrees that no other customer of the Contractor will receive greater precedence when
Contractor is engaged by Company for performance of Services under the Contract. The
Contractor will act in such a way and make recommendations that are in the best interest
of the Company and the completion of the Services under the Contract. The Contractor will
inform in due time of any tender for which the Contractor intends to bid for in India. If any
conflict or issue of priorities arises between the requirements of the Contract and any other
project being undertaken by the Contractor, the Contractor shall resolve such conflict or
issue in favour of the Contract
(A) The Contract embodies the entire agreement between Company and Contractor in
relation to the performance of the Services.
(B) The Parties shall not be bound by or liable for any statement, representation,
promise or understanding not set out in the Contract. Nothing contained in
proposals, correspondence, discussions or negotiations prior to the Effective Date
has any effect on the Contract, unless expressly incorporated therein.
(C) No proposed amendments or remarks regarding the terms and conditions of the
Contract made by Contractor prior to the Effective Date shall have any effect on the
Contract, unless expressly incorporated therein or annexed thereto by written
amendment signed as agreed between the Parties.
(D) Contractor acknowledges that it has not been induced to enter into the Contract by
any representation or warranty and, having negotiated and freely entered into the
109
Contract, agrees that it shall have no remedy in respect of any such representation
or warranty, except in the case of fraud.
34.2 WAIVER
Failure by Company to insist upon strict performance of any of the terms and
conditions of the Contract, or failure or delay to exercise any rights or remedies
provided in the Contract or by law, or to properly notify Contractor in the event of
breach, or the acceptance of or payment for any Services hereunder, or Company’s
review or approval of any design, documents, tests, reports shall not release
Contractor from any of its representations, warranties or obligations under the
Contract and shall not be deemed a waiver of any right of Company to insist upon
strict performance of the Contract or any of its rights or remedies as to any such
Services regardless when accepted, or as to any prior or subsequent default under
the Contract, nor shall any termination of the Contract by Company operate as a
waiver of any of the terms hereof. A requirement that Contractor furnish documents
for or subject to "Authorization to Proceed", "Approval", "Acceptance", "Review",
"Comment", or any combinations of such words or words of like import shall mean
unless the Contract clearly indicates otherwise, that Contractor shall, before
implementing the information in the documents, submit the documents to and obtain
resolution of any comments and authorization to proceed from Company. Such
review shall not mean that a complete check will be performed by Company. No
approval or failure to approve by Company shall (a) constitute acceptance or
approval of design, tests, or materials developed or selected by Contractor, nor (b)
relieve Contractor from full compliance with the requirements of the Contract, nor
(c) reduce or alter Contractor’s liability under the Contract.
Those obligations contained in Articles 7, 16, 17, 18, 20, 21,22, 23,25, 26, 29, 30,
31, 32, 33, 34, 35, 36, 38, 42, 48 of the Contract shall remain in full force and effect
after completion of performance under or termination of this Contract.
(B) Subject to any express provisions to the contrary in the Contract, Contractor shall
have no right or authority to and shall not do any act, enter into any contract, make
any representation, give any warranty, incur any liability or assume any obligation
(express or implied), of any kind on behalf of Company or bind Company in any
way.
(C) The Contractor shall act as an independent contractor with respect to the Services
and shall exercise control, supervision, management and direction as to the method
and manner of obtaining the results required by the Company.
(E) Neither the Contractor nor any Sub-Contractor nor any Person employed by the
Contractor nor by any Sub-Contractor (whether directly or indirectly) in respect of
the Work shall be, or be deemed to be, an employee or agent of RIL, and shall have
no authority to bind RIL Group in any manner whatsoever. All debts, liabilities and
obligations of any kind imposed upon or incurred by the Contractor Group in the
performance of this Contract shall, as against RIL Group, be the debts, liabilities
and obligations of the Contractor.
34.5 COUNTERPART
34.6 INVALIDITY
If any provision of the Contract shall be found by any court or administrative body of
competent jurisdiction to be invalid or unenforceable, the validity or unenforceability
shall not affect the other provisions of the Contract and all provisions not affected by
such invalidity or unenforceability shall remain in full force and effect.
34.7 CAPACITY
Company enters into the Contract in its capacity as operator under the PSC on
behalf of the Co-Venturers. Contractor agrees that it shall have only recourse to
Company in relation to the performance and any defective performance or failure to
perform the Contract by Company.
34.8 LANGUAGE
At any time after the Effective Date, each of the Parties shall, at the request and
cost of the other Party, execute or procure the execution of such documents and do
or procure the doing of such acts and things as the Party so requiring may require
for the purpose of giving to the Party so requiring the full benefit of all the provisions
111
of the Contract which is beyond the obligations of the respective Party.
ARTICLE 35-NOTICES
35.1 All notices required herein shall be in writing in English and delivered in person, by
courier service or by fax (subject to confirmation of complete transmission by
automatically generated transmission report, with the date and time noted), and
shall be deemed to have been properly given or made if sent to the respective Party
at the address as indicated below:
Company:
Reliance Industries Limited
Petroleum Business (E&P)
Reliance Corporate Park
Building No 11, Wing ‘A’, Second Floor,
Thane – Belapur Road, Ghansoli,
Navi Mumbai - 400 701. India
Tel: +91 22 796 85728
Fax: +91 22 796 70851
Attn: Mr. Suresh PM – Chief – SCM – E&P
Contractor:
Contractor TBA
Facsimile: TBA
Attention: TBA
35.2 Either Party may change the person or address to which notice shall be sent by
giving the other Party written notice of such change.
35.3 Notice when given in terms of Article 35.1 shall be effective when delivered during a
Business Day at the address as set out in Article 35.1 of the other Party or, if
delivered on a day which is not a Business Day, then the notice is deemed to have
been received on the next Business Day.
36.1 It is understood and agreed that Company may obtain credit or financing (including
refinancing) from Lenders to finance the performance of Services. Contractor
agrees to cooperate, and to cause the Sub-Contractor(s) to cooperate and provide
access to the Lenders during performance of the Services and shall extend such
other assistance to any technical advisor appointed by the Lenders to act on their
behalf in relation to the performance of Services as may be requested. In
connection with any financing or refinancing in respect of the performance of
Services, Contractor shall, if so requested by Company, at Company’s cost:
112
(ii) copies of executed Contract and Sub-Contracts:
(iii) certificate from Contractor evidencing the source of supply for the
Contract;
(vi) Anti Money Laundering (AML)/ Anti- Bribery compliance certificate, etc.,
for country specific Export Credit Agency (ECA);
(vii) certified copies of its corporate charter and by-laws (or similar formation
documents), resolutions, incumbency certificates, officer’s certificates,
legal opinions (covering such items as the validity and enforceability of
the Contract and the due organization and existence of Contractor),
financial statements, a consent to receive service of process wherever
applicable, and such other items, and take such other actions, as
Lenders or Lenders’ Agents may request.
(b) Contractor acknowledges and agrees that the formats and contents required
for the documents mentioned above from point (i) to (vii) vary from ECA to
ECA and shall accordingly comply with the same; and fulfil all obligations and
comply with all procedures, and require its Sub-Contractor(s) to fulfil all
obligations and comply with all procedures, that may result from such
financing arrangements, by providing all information requested by Lenders or
any Lenders’ Agents, such as copies of invoices from Sub-Contractor(s),
evidence of payment to Sub-Contractor(s), and lien releases relating thereto,
giving certifications as to the country of origin of various goods, equipment,
components, services, shipping arrangements and other items, and changing
payment schedules to comply with or satisfy the Lenders requirements.
36.2 Assignment
Contractor acknowledges and agrees that Company may collaterally assign any of
its rights under the Contract to Lenders’ Agents for the benefit of the Lenders as
security for its Co-venturers or Company’s obligations to the Lenders. If Company
makes any such collateral assignment, Contractor agrees, without any additional
cost to Company, that upon notice thereof:
(a) Contractor shall deliver to Lenders’ Agents all notices given under the Contract
to Company at the same time and in the same manner as given to Company;
(b) Lenders’ Agents shall be entitled to exercise all rights and to cure any defaults
of Company under the Contract and Contractor shall accept such exercise or
cure as though it had been done by Company;
(c) Contractor shall not, without the prior written consent of Lenders’ Agents
provide acceptance to any cancellation or termination of the Contract by
Company, or amendment to the Contract;
(d) Contractor shall not make any demands under the Contract on account of any
113
default by Company without giving prior notice to Lenders’ Agents and providing
Lenders’ Agents an opportunity to cure such default; and
(e) Contractor shall execute such further agreements and documents requested by
Lenders’ Agents providing assurances and other protections to Lenders in
furtherance of the provisions set forth above in connection with the financing or
refinancing of the Services, including a consent setting forth in greater detail the
provisions of this Article 36.2, a consent to an assignment of insurance policies
and proceeds, and such other provisions as Lenders’ Agents may request.
Contractor further agrees that if Lenders succeed to the interests of Company in
foreclosure or otherwise, Contractor shall continue to perform in a timely
manner all of its obligations under the Contract and shall recognize Lenders or
any substitute entity nominated by Lenders in the place of Company.
If and to the extent that Contractor is required to take any actions pursuant to this
Article 36, Contractor shall not claim, or be entitled to claim, for any extension to
Completion of Mobilization Date or any increase in the estimated contract value.
37.1 The Duration of this Contract shall be from the Effective Date until the date of
Completion of Demobilization, as specified in Exhibit “A”.
37.2 RIL shall have the right to extend the Duration of Deployment of Rig (DDR) for the
performance of the Work as provided in Exhibit “A”. Any such extension shall be
subject to the same terms and conditions of the Contract, and at rates determined
in accordance with the provisions of the Contract.
38.1 Contractor shall comply with and adhere strictly to all reasonable instructions and
directions of Company on any matter concerning the performance of the Services
provided that the foregoing shall not be construed to exclude, Contractor's duty to
exercise diligence and to perform the Services in accordance with the obligations
set forth in the Contract. Nor shall any such instructions be construed to exclude or
affect Contractor’s status as an independent contractor. At all times Contractor shall
respond promptly and shall accurately furnish to Company information concerning
the Services as Company may request.
38.2 Contractor shall comply with Applicable Laws of India including but not limited to
laws in respect of movement regulations, MOHA clearance, security restrictions,
navigation, use of wireless sets, maps and charts, foreign exchange, work permits,
import of Contractor’s Equipment, Contractor’s Materials, Contractor’s Resources,
employment of Indian nationals and customs. All time and cost involved in
complying with the above including obtaining all required authorizations, approvals
and permits in relation thereto and any delays will be to Contractor’s account.
38.3 Contractor shall take full responsibility for the protection and security of Contractor’s
114
Equipment, Contractor’s Materials, Contractor’s Resources, CFM and any other
materials and equipment including Company Group’s material and equipment while
such materials and equipment are stored or being repaired/maintained in
Contractor's facility/Shore base or awaiting trans-shipment or otherwise in
Contractor's custody. This shall include but not limited to the lighting and guarding
of the Contractor’s Equipment, Contractor’s Materials, Contractor’s Resources,
CFM and associated equipment and materials; providing all marks, signals or other
appliances; ensuring the safety and convenience of the public and personnel;
properly identifying the Contractor’s Equipment, Contractor’s Materials, Contractor’s
Resources and CFM; and disposition of the Contractor’s Equipment, Contractor’s
Materials, Contractor’s Resources and CFM, as may be required in the
performance of the Services, or by Company's Representative or a duly constituted
authority.
38.4 Contractor shall advise Company immediately in writing of any labour dispute or
anticipated labour dispute which may be expected to affect the performance of the
Services.
38.5 Contractor shall appoint the Personnel as specified in Exhibit “H” to manage,
supervise and otherwise be responsible for the Services. Contractor shall appoint
Personnel to perform Services only after submitting the CV of Personnel and getting
approval from Company, such approval not to be unreasonably withheld or delayed.
38.6 Contractor shall, in performing the Services, as far as possible, engage personnel,
workers available in local area or India, provided that such personnel, workers
possess the required qualification, experience and skill to fulfil their respective roles.
Contractor represents and warrants that all Personnel are suitably qualified,
competent and experienced to fulfil their respective roles.
38.7 Contractor shall not replace any Personnel without the prior written consent of
Company. Replacement of any Personnel by Contractor without Contractor having
obtained the prior written consent of Company shall be deemed a material breach
by Contractor of the Contract. For the avoidance of doubt, if any Personnel shall
resign from his position at his own will, such resignation shall not be deemed to
constitute a replacement of such Personnel by the Contractor. However, Contractor
shall engage a replacement to be approved by Company prior to the departure of
such resigning Personnel from the employment of the Contractor and shall ensure
there is a satisfactory hand-over of the tasks of the resigning Personnel to the
replacement Personnel.
38.8 Personnel shall be fluent in both written and spoken English. Such Personnel shall
be trained in accordance with, and otherwise comply with and have all of the rights
and benefits of all applicable Indian labour and safety laws.
38.9 Contractor shall maintain at all times strict discipline and good order among
Personnel and shall abide by all requests of Company and all Applicable Laws in
carrying out the Services. Company shall be entitled, without prejudice to any other
rights or remedies available to Company under the Contract or otherwise in law, to
object to and require Contractor to remove from the Services any person who, in
the opinion of Company, is incompetent, cause any disturbance, organize any
demonstration, strike, sit-in or picket on or about the Worksite or the office of
Company, misconducts himself or is negligent in the proper performance of his
duties. In such an event, Contractor shall forthwith remove such person from the
115
Services, and such person shall not be again employed for the Services without the
written permission of Company. Contractor shall forthwith replace, at Contractor's
sole expense, any such discharged person with a suitably qualified, competent and
experienced person acceptable to Company.
38.10 Contractor shall, at its own expense, arrange for medical services and facilities for
any of its Personnel requiring first aid, ambulance service, in-patient or outpatient
services. Where Company has first-aid facilities it may, at its sole option, make
available its first-aid facilities for the treatment of employees of Contractor Group
who may be injured or become ill while engaged in the performance of the Services
under the Contract.
38.11 Contractor shall provide the Personnel with all necessary protective gear and safety
tools as may be necessary for the conduct of the Services including such protective
gear and safety tools as Company may require Personnel to use.
38.12 Contractor shall ensure that the Personnel comply strictly with all policies of
Company, as well as of Contractor, relating to matters of health, safety and the
environment which are notified to Contractor in writing before or during the duration
of Contract.
38.13 Contractor shall ensure that the Personnel will not during the duration of the
Contract do any act or thing which might conflict with the interests of Company
Group.
38.14 In performing the Services, Contractor shall at all times comply with the quality-
control procedures and the standards of a Reasonable and Prudent Contractor.
38.15 Contractor shall, until expiry of the duration of the Contract , at its cost, furnish,
install, maintain in good working order and repair or replace where necessary,
Contractor’s Equipment, Contractor’s Materials and Contractor’s Resources for the
full and proper performance of the Services in accordance with good international
oil field practices. In addition, Contractor shall, during such period, carry all spare
parts and supplies as required for the maintenance in good working order of the
Contractor’s Equipment, Contractor’s Materials and Contractor’s Resources.
38.16 Contractor shall not permit any of the Personnel to engage in any activity, which
might reasonably be considered to be contrary or detrimental to the interest of
Company.
38.17 Contractor Group shall not allow the introduction or use at the Worksite of drugs,
alcohol, any other illegal substance and/or weapons.
38.18.1. Contractor shall arrange, at its own cost and risk, the mobilization and
demobilization of each Personnel in connection with the performance of
the Services.
38.18.3. Contractor shall arrange inland local transportation for Personnel for travel
at Site and Shore base.
116
38.18.4. Contractor shall determine and obtain all necessary entry permits, visas,
MOHA clearance, security clearances, injections and inoculations and in
general any other permission, approvals or actions required for
uninterrupted and unhindered stay of the Personnel at the Worksite.
Contractor shall bear all costs related to obtaining of all such clearances.
38.18.5. Personnel shall travel only on employment visas while travelling to India
for performing the Services. Any time spent due to non-compliance with
the above shall be to the Contractor’s account and no day rate for such
Personnel shall be paid by Company for such period.
39.1 When requested by the Contractor, Company will provide assistance to the
Contractor in securing necessary permits from the Government Authority in India.
Failure by Company to provide such assistance shall not relieve the Contractor from
the obligation to secure the same at its own cost.
39.2 Company shall furnish all items stated as being furnished by Company in Exhibit
“A". Contractor shall protect Company equipment from damage or loss, and
exercise the same degree of care in handling and using Company equipment, as it
would do with its own equipment.
41.1 Contractor shall procure and maintain in full force and effect with respect to and for
the duration of the Contract, the insurance policies described below. Company shall
have the right to reasonably disapprove of the insurance companies concerned and
policy limits shall not be less than those indicated hereunder. Any additional
premium payable because of the utilization of retrospective rating plans shall be for
the sole account of Contractor. Contractor shall immediately notify underwriters of,
and shall furnish all necessary information concerning, any occurrence which may
give rise to a claim under any such insurance policies. Copies of all correspondence
and documents related to any accident or claim under such policies shall be
provided promptly to Company upon request, subject to any approval by
Contractor’s underwriters as is required under applicable policy conditions. The cost
of such insurance policies shall be deemed to be included in the compensation
payable to Contractor pursuant to Article 21. Company, depending upon the block
where the Work is to be carried out under the Contract, shall be included as an
additional named insured in the policies specified in GCC 41.1.1, 41.1.2, 41.1.3 and
41.1.4 to the extent of Contractor’s liability under the Contract.
117
Prior to the start of Work and at all renewals, Contractor shall have its insurance
carriers furnish to Company copies of insurance certificates specifying the types
and amounts of coverage in effect and the expiration dates of each policy, including
a statement that no insurance will be cancelled or materially changed while the
Work is in progress without thirty (30) calendar days prior written notice to Company
and receipt showing proof of payment.
Third party liability insurance coverage shall be provided for liability arising from all
operations of Contractor under this Contract. The policy shall include coverage for
premises and operations, independent contractors, completed operations and
contractual liability (or their equivalents). The minimum policy limits shall be one
million United States dollars (US$1,000,000) single limit per occurrence under
general liability insurance.
Automobile liability insurance coverage shall be carried to cover all owned, hired
and non-owned vehicles of or used by Contractor. Automobile liability insurance
shall be as required by statute.
Except as otherwise provided herein, Contractor shall take out and maintain in full
force insurance coverage on the Drilling Rig for war/confiscation risks. In the event
that Contractor receives notice of cancellation of war/confiscation risk insurance,
following worsening of circumstances, within twenty four (24) hours of receipt of
such notice of cancellation Contractor shall provide notice of such cancellation to
RIL. Within six (6) days from receipt of such notice, RIL may request Contractor to
continue to provide war/confiscation risks coverage (to the extent available) and
reimburse all additional costs of such insurance under the then current market
conditions.
118
shall it excuse Contractor from complying with, any of the provisions of this
Contract.
41.3 Contractor shall ensure that its Sub-Contractors shall obtain and maintain insurance
similar to that specified in this Article 41 while carrying out the Work.
“The insurers hereby waive their rights of subrogation against Company Group and
Government of India.”
41.6 The requirements contained herein as to types and limits, as well as Company’s
approval of insurance coverage to be maintained by Contractor, are not intended to
and shall not in any manner limit or qualify the liabilities and obligations assumed by
Contractor under this Contract.
41.7 The certificates of insurance shall provide clear evidence that Contractor's
insurance policies contain the minimum limits of coverage and special provisions
prescribed in this Article 41.
41.8 Prior to commencing Services, Contractor shall deliver the copies of the certificates
of insurance and notices of cancellation, termination and alteration of such policies
to
Reliance Industries Limited,
Petroleum Business (E & P),
Reliance Corporate Park,
Building No. 10, Wing B, Second Floor,
5 – TTC Industrial Area, Thane-Belapur Road,
Ghansoli, Navi Mumbai- 400701
Attn: [ Mr. Prasad Chundi]
41.9 Contractor shall cause each of the Sub-Contractors to carry Worker’s
Compensation and Employer’s Liability Insurance equal to and subject to the same
conditions, as that required of Contractor under the Contract and otherwise procure
and maintain such insurances as specified by Applicable Laws. If Contractor shall
cause any of its Sub-Contractors to carry any other insurance, Company Group and
the Government of India shall be included as an additional insured to the same
extent the Contractor is included as an insured on such insurance. When
requested by the Company, Contractor shall furnish promptly the Company with
119
copies of certificates of insurance or a letter addressed to Company from lead
underwriter confirming the one hundred percent (100%) coverage as required under
the Contract and Company Group and Government of India being included as
additional insured, evidencing coverage for each Sub-Contractor. Contractor shall
ensure that Sub-Contractors are insured to an appropriate level as may be relevant
to their work under the relevant Sub-Contract.
41.10 Any deductibles or excesses not insured by Contractor and any amount not
recovered from insurers notwithstanding compliance by Contractor with its
obligations in respect of insurance shall be borne by Contractor.
41.11 If any of the insurance policies set forth in Articles 41.1 are not procured or
maintained by Contractor in accordance with the provisions hereof, Company may
notify Contractor that the failure to provide such insurance is a breach of the
Contract. Following such notice, Company shall have the right (but not the
obligation) to procure and maintain any insurances omitted by the Contractor and
recover all costs associated therewith from the Contractor or deduct such amounts
from any payments which may become due from Company to Contractor under the
Contract. However, the procurement of such insurance by Company shall not
relieve Contractor of any of its obligations.
41.12 In relation to Company’s insurance policies, Contractor shall comply and require
that its Sub-Contractors and its or their respective personnel to comply with all the
terms of the policy or policies of insurance and the procedures for claims notification
and administration thereunder and shall not do or omit to do anything which might
render voidable such policy or policies of insurance or entitle insurers to avoid
liability thereunder.
41.13 Insurance cover, premiums, proceeds and deductibles shall be quoted and payable
in United States Dollars save to the extent not permitted by Applicable Law. In any
such cases, cover, premiums, proceeds and deductibles shall be provided at the
equivalent US Dollar value in the appropriate currency.
42.1 Safety
42.1.1. In performing the Services hereunder Contractor Group shall comply with
the provisions of and/or meet the standards and requirements set forth in:
42.1.4. Company shall, at its complete discretion, monitor and audit Contractor
Group in respect of compliance with the requirements of this Article 42 and
Contractor shall co-operate fully with, and rectify any deficiencies in
compliance pointed out by Company.
42.2 In performance of the Contract, Contractor shall conduct the Services with due
regard to concerns with respect to protection of the environment and conservation
of natural resources. In the furtherance of Applicable Laws promulgated by the
Government of India, Contractor shall:
42.3 After completion of the entire Services as per the Contract and prior to
Demobilization, Contractor shall at its expense satisfactorily dispose of immediately
all rubbish, remove all temporary work, Contractor’s Equipment, Contractor’s
Materials and Contractor’s Resources and return to Company warehouse all CFMs.
121
Contractor shall leave the Worksite in a neat and safe condition.
42.4 If Company has, on reasonable grounds, reason to believe that the Services or any
portion thereof performed by Contractor or any operations conducted by Contractor
are endangering or may endanger Persons or any property of any Person, or are
causing avoidable pollution, or are harming fauna and flora or the environment to a
degree which is unlawful, Company may, pursuant to Applicable Laws, require
Contractor to take remedial measures within such reasonable period as may be
determined by Company and, if appropriate, Contractor shall repair such damage.
Company may, require Contractor to discontinue the Services in whole or in part
until Contractor has taken such action.
42.5.1. ensure that the pertinent completed environmental impact studies including
but not limited to the Rapid Marine Environmental Impact Assessment are
made available to Personnel to develop adequate and proper awareness of
the measures and methods of environmental protection to be used in
carrying out the Services;
42.5.2. ensure that the Sub-Contracts relating to the Services shall include the
provisions stipulated herein;
42.5.3. be responsible for the removal from the Worksite or for otherwise making
safe in accordance with Applicable Laws and directives in India any
materials brought by Contractor during its activities at the Worksite for
which Contractor is responsible under the Contract which are toxic or
similarly hazardous to the health or safety of Persons or to the environment;
and
42.6 Contractor shall not, without the express written consent of Company (which
consent shall not be unreasonably withheld), apply to or petition, or enter into
negotiations with, or agree with any Government Authority for a variation of or
exemption from laws and regulations concerning safety, health, pollution (air, water,
noise) and environmental protection relating to the Contract.
42.7 Contractor shall provide the Company with all reports such as safety statistics (on
monthly and annual basis), environmental data i.e. spills, discharge etc. and similar
documents as provided for in the Contract. Wherever possible, Contractor shall
provide all such reports and similar documents in electronic form in addition to the
hard copies.
Contractor shall submit to Company report(s) for the safety statistics related to
performance of Services on monthly and annual basis.
ARTICLE 43-EMPLOYMENT
122
Without prejudice to the right of Contractor to select and employ such number of
personnel as, in the opinion of Contractor, are required for carrying out the Services
in a safe, cost effective and efficient manner, Contractor shall, to the maximum
extent possible, employ, and require Sub-Contractors to employ, citizens of India
having appropriate qualifications and experience and giving due regard to the level
and nature of the Services.
44.1 Contractor shall notify Company without delay of any accidents which occur in
connection with the performance of the Services. Contractor shall also notify
Company of any other incidents which occur which may affect the performance of
the Services.
44.2 Contractor shall notify Company immediately of any proposed or actual stoppages
of work, industrial disputes or other matter affecting or likely to affect performance
of the Services.
44.3 Contractor shall also supply promptly to Company such other information in
connection with performance of the Services as Company may request relating to
industrial relations. Contractor shall comply with employment legislation relevant to
the countries where the Services are performed.
45.1 All Services under this Contract shall be performed in accordance with this
Contract. Company’s Representative shall, within the scope of Services and using
reasonable judgement based on good international oil and gas industry practices,
decide on all matters or questions which may arise as to the performance of the
Services.
Except to the extent otherwise notified by the Company to the Contractor, the
Company’s Representative shall be entitled to carry out all duties and obligations of
the Company provided for under this Contract. The Company’s Representative (and
any of its invitees, staff, assistants and anyone nominated by the Company’s
Representative including the lenders and the Company’s insurance underwriters)
123
shall have unhindered access to the Worksite at all times. The Company’s
Representative shall have the right to issue certificates, Change Notices,
instructions and orders, to check and inspect the Worksite and to require the
removal and/or rectification of any part of the Services, which does not comply with
this Contract. Any failure of the Company’s Representative to inspect or call to the
attention of the Contractor any aspect of the Services, which do not comply with this
Contract shall not amount to a waiver of any or all of the Company’s rights under
this Contract or acceptance of the Services.
The Contractor shall be obliged to comply with any and all comments or
requirements of the Company’s Representative as if they were comments or
requirements of the Company. Save as provided for in this Article 46.3, all such
instructions and directions shall be in writing. Where the Contractor receives a
verbal instruction or direction from the Company’s Representative, the Contractor
shall confirm that instruction in writing before complying unless such instruction
relates to an emergency, in which case, the Contractor shall be obliged to comply
immediately.
Any person with a designation of Sr. Executive Vice President or higher has the
authority to alter or amend any terms of the Contract including executing Change
Order.
All communication from the Contractor relating to the Contract shall be made by the
Contractor’s Representative and any communication relating to the Contract not
made by the Contractor’s Representative shall be deemed not to have been made
at all unless the Company in its discretion determines otherwise
47.1 Contractor shall nominate within ten (10) days of Effective Date a Contractor’s
Representative who shall be responsible for the Contract and shall be duly
authorized to represent Contractor at all times during the progress of the Services
and to receive and to act on any request made by Company in the performance of
the Services pursuant to the terms of the Contract. The Contractor represents and
warrants that such person is suitably qualified, competent and experienced to fulfil
such role.
47.2 Contractor's Representative shall have full authority to represent and bind the
Contractor in relation to any matter or thing touching or concerning the Contractor’s
performance of the Services and Company shall be entitled to rely on all the
decisions of the Contractor’s Representative as if they were the decisions of the
Contractor. Company shall direct all formal communications concerning the
Contract to Contractor’s Representative.
47.3 Contractor's Representative shall supervise, co-ordinate and ensure the quality of
all aspects of Contractor's obligations under this Contract. Contractor shall not
substitute or reassign its Contractor’s Representative without the prior approval of
Company.
48.1 Contractor shall provide any radioactive materials and explosives that are required
for the performance of Service under the Contract. Contractor shall ensure that the
said radioactive materials and explosives that are required for the Services are
imported by Contractor under their import export code (IEC) number and the
radioactive materials and explosives shall be used by Contractor solely and
exclusively for performance of the Services under this Contract.
48.2 Contractor shall be solely responsible for obtaining all permissions, clearances, and
permits for importing, transporting, storing (including providing explosive magazine)
and using and loss of radioactive materials and explosives from relevant Person
and Government Authority, as applicable, including but not limited to Bhabha
Atomic Research Centre (BARC), Chief Controller of Explosives (CCOE),
Directorate General of Foreign Trade (DGFT), Ministry of Defence (MOD), Ministry
of Home Affairs (MOHA) and concerned police authorities. Contractor shall also be
solely responsible for any loss of radioactive material and explosives; and Company
shall in no event be made responsible for any such loss.
48.3 Contractor shall follow all rules, regulations pertaining to import, export, re-export,
storage, usage and loss of radioactive material and explosives.
48.4 After completion of Services, any leftover radioactive materials and explosives shall
125
be re-exported by the Contractor at its sole cost and expense
48.5 Contractor shall be solely responsible for custody, care, usage and loss of
radioactive materials and explosives and shall Indemnify Company Group from and
against any and all Damages arising from import, export, re-export, storage, usage
and loss of radioactive materials and explosives. Contractor has to follow strictly all
abandonment procedures as laid out by AERB / BARC.
126
REQUEST FOR PROPOSAL
FOR
PROVIDING WORK OVER RIG SERVICES WITH
ROTARY DRIVE
EXHIBIT A
SCOPE OF WORK AND SPECIAL CONDITIONS
EXHIBIT A
A. SCOPE OF WORK
In order to carry out completion and workover program in License Blocks namely
Sohagpur West and Sohagpur East CBM Blocks, RIL requires 01 (one) mobile
Completion/Workover Rig with Rotary Drive (hereinafter all referred as “Rig”), together
with all miscellaneous items required. The Rig shall conform to the technical
specifications as laid down in Exhibit-B. Provisioning of Rig(s) without limitations shall
include the provision of Personnel and Equipment to support RIL's completion and
workover program. However, RIL at its sole discretion, may enter into Contract for 1
(One) or more Rig(s). Also if required RIL may give callout for additional Completion
Rig(s) and/or Workover Rig(s), under the same terms and conditions of Contract during
the period of Contract.
Contractor shall execute the Work within the designated capacity of the Rig, Equipment
and all other tools, as specified in Exhibit-B.
• Removing surface lines and handling surface unit before start of work-over
job/Completion job.
• Running in and pulling out tubings with BHA, setting & releasing of the packers for well
testing, etc
• Running in and pulling out polished rod, sucker rods, accessories with down hole
pump, setting and releasing down hole sucker pump etc
• Nippling up & nippling down of frac valve, frac head and other well head assembly and
BOP, pumping tee, stuffing box, polish rod, drive head etc
• Circulation
• Milling down hole equipment like bridge plugs, frac collars, ball and baffles, etc
• Fishing
• Zone isolation
• Picking up or laying down testing tools, down hole pump etc
• General workover operation like, well bottom clearing, tubing testing, casing testing,
etc
• Assistance during third party jobs e.g. squeeze cementation, logging, perforation etc.
• Assistance in any job required for completion/workover program.
Contractor shall provide Material Safety Data Sheets (MSDS’s) for all products that are
to be used.
RIL reserves the right to carry out geophysical logging/perforation in well. Contractor
should allow usage of Equipment and Personnel for assistance in geophysical
logging/perforation operations carried out by RIL or third party nominated by RIL.
RIL reserves the right to carry out well testing and well stimulation like hydrofracturing,
acid job etc. of any well. Contractor shall allow use of Rig and its Equipment for well
testing and stimulation jobs.
RIL will provide all tubing and rods, down hole and surface equipment required for the
well.
Zones in the well may be required to be isolated using cement plug, bridge plug or by
sand dumping. Cement, bridge plug and sand for zone isolation will be provided by RIL.
During the final running in of tubing along with BHA, Contractor shall test the tubing at
50 kg/cm2 after running in of every 20 tubings, if required by RIL.
Prior to pull out of tubing Contractor shall touch the bottom and inform RIL the exact
depth. The Contractor shall clear the bottom upto the depth of float collar or as per the
direction of RIL.
B. SPECIAL CONDITIONS
Subject to the termination provision provided in this Contract, the duration of this
Contract shall be from the Effective Date until the Commencement of Demobilization in
accordance with the terms and conditions of the Contract.
2.1 Duration for Deployment of the Rig (DDR)
The DDR shall be from the Commencement Date until the Commencement of
Demobilization after completion of the Work in accordance with the terms and conditions
of this Contract. The initial term of DDR shall be for a period of three (03) years for
carrying out Completion and Workover Program of wells.
Notwithstanding anything stated above, the term of the Contract and the DDR shall be
extended on the same terms and conditions, including rates, at RIL’s option, by the
period for which operations remains suspended on account of declaration of Force
Majeure.
RIL shall have the right to extend the Contract under the same rates, terms and
conditions by 8 extension of maximum 3 months duration each, one extension at a time,
to be exercised by giving Contractor, 15 days written notice prior to the completion of
initial / extended term. However in case the operations on the last Well have not been
completed at the expiration of extended Contract duration then this Contract will
continue until such Well operations have been completed.
4.0 Mobilization
Contractor shall provide the nominated Rig(s), which is properly equipped to perform the
Work. All necessary Equipment, accessories, spare parts, Materials, Personnel,
expendables and other supplies as set out in Exhibit A, Exhibit B1 / Exhibit B2 shall be
available with the Rig at Site. Prior to Mobilization, Contractor shall furnish list of all
Equipment (Rig and its accessories, spare parts, expendables and consumables) along
with detailed technical specification to RIL, which the Contractor intends to bring for the
performance of the Work.
4.1 Prior to Mobilization, Contractor shall, at its sole cost, make the necessary alterations,
modifications or additions to Equipment to meet the specification set out in Exhibit B1 /
Exhibit B2 of the Contract.
4.2 Prior to Mobilisation Contractor shall get the NDT of Equipment and tubulars done at
Contractor’s sole risk and cost.
4.3 On completion of NDT, Contractor shall offer the Rig and Equipment for inspection by
RIL / RIL appointed Third Party Inspection Agency. The inspection will be done at
Contractor’s offered location as per API/Industry standards, including but not limited
to, functional and pressure testing and reviewing of Non-Destructive Test (NDT)
records of Equipment and tubular and evaluation of spares and inventory.
RIL designated inspector during the inspection shall review following document:
• Log books in respect of all major Equipment
• PMS record of Rig and Equipment for last 2 years
• Any outstanding PM due on major Equipment
• Details of major refurbishment done on the Rig/Equipment
The Contractor has to give minimum 10 days notice period to RIL indicating
availability and readiness of Rig and Equipment for inspection. The Contractor shall
provide competent and sufficient manpower along with required resources including
consumables, to assist RIL’s inspectors for carrying out the inspection job within 2
days time. Any time beyond 2 days in respect of RIL designated inspectors, due to
shortage of Contractor manpower or non-availability of Equipment at Work Site will be
back charged to the Contractor. All critical deficiencies pointed out by the inspection
agency shall be corrected to RIL’s satisfaction prior to Mobilization, at Contractor’s
cost. Contractor shall provide a detailed action plan with schedule to close out all
observations of the inspection agency.
As an option RIL may ask the Contractor prior to Commencement Date, to get Rig and
Equipment thoroughly inspected by one of the following agencies as per API
standards, including but not limited to, functional and pressure testing of Equipment
and tubular. The lump sum price for such inspection by TPI agency shall be quoted by
Contractor separately and the same will be re-imbursed by RIL upon completion of the
inspection and mobilisation. Detailed inspection report shall be submitted to RIL for its
review and acceptance.
All deficiencies that could prevent Equipment from being used for its intended purpose
shall be corrected to RIL’s satisfaction prior to Mobilization, at Contractor’s cost.
4.4 Contractor has to provide a detailed mobilisation schedule and Estimated Time of
Arrival (ETA) of Rig and Equipment on the first designated RIL Work Site.
Once the Rig and Equipment are mobilised to RIL’s designated site final CAT will be
carried out by RIL/RIL third party representative. During this CAT all the critical
Equipment would be operated to its designed rating on the first well and would include
uninterrupted well operations for 24 hours. Only on successful completion of the CAT
the Rig will be considered mobilised. Payment for Rig will be made Work carried out
during CAT, but no repair rate will be payable before successful completion of CAT.
4.6 Completion of Mobilization shall include; the arrival of the Equipment at the Work Site,
successful completion of CAT; all permits, clearances, licenses required under
Applicable Laws obtained; and Rig is ready to spud the first well.
4.7 The cost of any third party inspection services specifically requested by RIL,
subsequent to Mobilization shall be reimbursed at documented cost to Contractor by
RIL.
4.8 Contractor is required to rig up the Rig and Equipment at the well, already drilled by
another rig, in order to carry out completion/workover program.
4.9 Contractor to provide documentary proof of the per axel load of the Rig carrier and
other Equipment and submit the same along with Un-priced bid. The axel load should
not be more than 8 MT per axel.
6.0 Demobilization
“Commencement of Demobilization” shall mean the date and point of time when the last
well is completed / terminated as per RIL’s instructions. No rates shall be payable from
the Commencement of Demobilization.
“Completion of Demobilization” shall mean when Contractor has moved out of License
Blocks after meeting all their obligations under the Contract.
Address :
Telephone No. :
Phone No. :
Fax No. :
C. WORKING CONDITIONS
Contractor shall observe all instructions of RIL consistent with the provision of this
Contract, which may, from time to time be given by RIL. Such instructions will be
confirmed in writing by RIL in accordance with the terms of this Contract and may
include instructions as to completion/workover methods or stoppage of operations in
progress.
For each Well, RIL shall provide Contractor with a “Well Plan” which shall include (but
not necessarily be limited to) the activities like positioning of completion/workover Rig,
completion/workover program to be performed, completion/workover fluid program,
casing details, etc. RIL may modify this program while operations are in progress. RIL
shall have the right to terminate the Work at any time.
Contractor shall be solely responsible for complete operations of the Rig and for overall
supervision/ direction of preparation of Rig move during Mobilization at first Well
location, inter location move and demobilization from last location.
3.1 Contractor may deploy its representative during location survey and preparation of Site.
3.1 Contractor shall carry out all activities in accordance with the modern Coalbed Methane
(CBM) / Oil and gas industry practices and standards and ensure that safe conditions
and method of work are provided and maintained for entire period of Contract.
3.2 Contractor should store and maintain a readily available stock of maintenance and
repair parts, tools and operating supplies on the Rig sufficient to ensure the continuous
operation of Equipment.
Work should be performed on a 24 hours per day, 7 days per week basis. Day for all
purposes, including reporting shall mean a continuous period of 24 hours commencing
from 07:00 AM to 07:00 AM of Next day or as mutually agreed.
However if required by RIL, RIL will give 15 day notice period to demobilize night crew
for minimum one month period for 12 hours operation. In that case, Work should be
performed on a 12 hours per day, 7 days per week basis. Day for all purposes,
including reporting shall mean a continuous period of 12 hours commencing from 07:00
AM to 19:00 PM same day or as mutually agreed. However, during 12 hours operations
period, if some critical operations requiring continuity shall have to be completed on the
same day, the working hours may be extended as per direction of RIL. Operating rates
for these extended hours will be same as normal working hours. RIL will also give 15
day notice period to mobilize additional crew and equipment to restart 24 hour
operation.
Contractor should be able at all times to indicate the exact measured depth of the Well.
Contractor should measure with a steel tape and keep a record of the length of drill pipe,
tubings, sucker rods, and other tools run in the hole.
A tally book will be kept on the Rig. It will accurately show the length of every single
tubular (tubing/sucker rod/drill pipe, BHA etc.), the length of subs/crossover tools etc. It
will show a drawing of the bottom hole assembly indicating more particularly the
different inside, outside diameters, size and type of threads, fishing neck details and
such other information as required by RIL. All length measurements should be in
meters.
Contractor should use the fishing tools provided by RIL as required, as per provisions
of Contract, for all the assemblies/ tubulars/ instruments lowered in the Well and shall
carry out all fishing operations as and when required. Contractor will carry out /direct all
fishing operations under the overall supervision of RIL’s Representative or RIL’s third
party specialist.
Contractor shall provide and maintain at its expense all the drill pipe, tubing and sucker
rod handling equipment with sufficient backup including but not limited to tongs, slips,
elevators, slings, manila rope etc.
Contractor shall be responsible for drill pipe, tubing and sucker rod preparation including
but not limited to removing of thread protectors, cleaning of threads with diesel, visual
inspection for any damage to the threads, drifting of the drill pipe, tubing, proper
stacking in the order of drill pipe/tubing/sucker rod lowering program.
If at any time, Contractor considers that continuation of the operation will result in
abnormally hazardous conditions, it should immediately notify RIL and in the meantime
without undue delay exert every reasonable effort to overcome this difficulty. In any such
case, Contractor is entitled to stop completion / workover or other operations on the Well
under possible unsafe conditions in consultation with RIL
10.0 Records to be furnished by Contractor
Contractor shall maintain a complete and accurate log of daily operations in the industry
standard format for Daily Progress Report. Each day the Contractor shall furnish RIL’s
representative at Rig, clean and legible Daily Progress Report, in triplicate, for his
approval and signature indicating acceptance of same.
Contractor shall keep and furnish to RIL additional reports including but not limited to a
weekly check list (all forms in the manner as may be prescribed by RIL), weight indicator
chart, pump pressure indicator charts and all other relevant records and data.
At the end of operations of each Well, all data and copies thereof pertaining to the
geology and testing data/records etc of the well which are in Contractor’s possession
shall be delivered to RIL.
Contractor shall furnish to RIL on a fortnightly basis statements and log books pertaining
to maintenance of the Rig machinery, spare parts and consumables indicating areas of
concerns /improvements and forecast of maintenance /spare parts work programs.
Contractor shall also maintain all relevant records at Site including Safety and
Environment (HSE) drills/ fire drills/work permits etc. as required under Directorate
General of Mines Safety regulations /OMR -1984 /mines act and rules for periodic audit
by RIL.
Contractor has to ensure and demonstrate to RIL that all the MHEs deployed for the
project are in perfect condition capable of operating at designed capacity. During the
tenure of Contract, Contractor has to get re-certification of the same done from
competent agency(s) every six months.
For the movement of Rig carrier, LMVs and HMVs, dedicated drivers shall be made
available. Nobody from the crew shall drive any heavy vehicle during Rig movement.
As an option RIL may provide material handling equipment such as cranes, trailers,
prime mover etc and rate for such movement will be as per provision of Contract. Rig
move should be carried out on round the clock basis.
Contractor should immediately report to RIL all accidents/incidents that result in injury,
to person or damage to property, no matter how insignificant. Near misses should also
be reported. Contractor should also report all accidents to Directorate General of Mines
& Safety authorities as per the law of the land
RIL shall also be informed when any person returns to work after having time off as a
result of an accident. Contractor should co-operate in any subsequent accident
investigation(s).
Contractor shall keep its safety and accident records in accordance with the law of the
land and also according to guidelines provided by RIL and shall make these records
available to RIL.
13.0 Environment
Contractor, during the course of operation, must comply fully with applicable
environmental laws, regulations and practices by acting to preserve air, water, animal,
marine and plant life from the adverse effects of work and to minimise any nuisance
which may arise from such work.
Contractor shall adhere to existing Indian Laws and RIL’s Environmental Protection
Standards concerning any discharge from the Completion/workover Rig such as waste
cuttings, waste water, oils etc. or any other acts, measures or duties stipulated by the
competent authority regarding the conservation of environment.
Contractor must while performing the Work prevent releases, spills and leaks from
occurring. Contractor must dispose hazardous waste generated by Contractor and its
subcontractors, at certified locations in an environmentally safe method and as per the
laws of land at Contractor’s cost.
Contractor shall provide a suitably furnished one (1) independent bunkhouse office cum
bedroom, as defined in Exihibit B, for RIL’s Representative, Engineers and RIL’s other
contractor personnel.
Contractor should provide potable water (Bislery or equivalent as per approval of RIL),
drill water, rig air, light, electric power to RIL and RIL’s contractors’ equipment and
facilities. Contractor shall also provide Crane/Hydra and transportation facility for RIL
supplied equipment like tubings, sucker rods, pump, etc including 4 numbers of anchor
block from one site to other sites. RIL will provide source of drill water within 25 km
distance of the well.
The time indicated in the table shall be the maximum time payable for above-mentioned
activities. If actual time for any activity exceeds the stipulated time, than certification of
RIL representative shall be obtained by Contractor for the said activity. Time taken for
activities not mentioned above, shall be on actual basis.
D. SPECIAL CIRCUMSTANCES
1.0 Emergency
RIL shall be entitled in emergency, at its own discretion, to assume the responsibility of
operations and direct the operations of the Rig and to direct Personnel in the event that
RIL’s interest demands so. In such case, RIL will notify Contractor of its action and
within three (3) days confirm such notice in writing, setting forth the reasons for its
action.
In such an event, RIL shall pay Contractor in accordance with the terms of this Contract
as if Contractor had performed the said Work.
All operations so conducted remain at the risk of Contractor to the extent Contractor is
covered by insurance as required in clause 6 of Contract Definition and General
Contract Conditions. When the operations on the Well have been completed or when
the conduct of operation had been returned to Contractor, the Equipment shall again be
put at Contractor disposal.
Contractor shall ensure prior to start of operations to have familiarized itself and all
Personnel with Rig operating manuals, written procedures such as completion/workover
operations, Rig moving, etc. and safety, emergency procedures such as fire, Rig
evacuation etc. Contractor to show evidences of regular exercises for the emergency
procedures and regular drill on fire and blowout prevention.
The Rig Site may be, at the sole discretion of RIL, manned 24x7 by RIL appointed
security agency. The Gate will have a material control register which will be maintained
by the Gate security wherein all material entry and exit will be recorded.
As soon as the consignment arrives at Site, the Contractor shall inform the RIL security
at gate and the RIL representative along with documents. On advice of the RIL
representative the Contractor shall arrange unloading and stacking the materials.
All outward material movement from the Rig Site will be accompanied by a gate pass
(OGP) duly signed by RIL representative
The Contractor shall maintain records of inward entry, outward exit, daily consumption
and daily stock and the records shall be provided to RIL representatives on a weekly
basis. The material receipt, issue/return and consumption will be reconciled every time
the rig moves from a location to other. The Contractor shall also be responsible for
providing infrastructure for proper storage of all RIL owned material.
HSE is one of the important factors for selection of contractor. Bidders are needed to
fill the HSE Questionnaire and Performance sheet attached as Exhibit DII – Form A to
show their commitment / performance.
Following are the general HSE and regulatory requirements expected to be fulfilled by
the contractor.
1.1 Health
It shall be the duty of the Contractor to maintain cleanliness and provide a healthy
work environment to the personnel employed at the Site. Contractor shall maintain
proper lighting at the the Wok Site and workforce shall be protected against the
hazards of noise, dust, gases etc. Contractor shall arrange clean drinking water,
sanitation facility and water for washing at the Site.
Contractor shall submit Pre employment / Periodical medical records of all the
personnel deputed at the rig, to RIL in Form - O as specified in Mines Rules / DGMS
circulars.
First Aid station with required medicines and equipment to be made available at sites
alongwith a medical practitioner / trained nurse. All the personnel deputed at site shall
be trained in first aid.
Contractor’s rig / equipment are liable to a pre hire inspection by RIL team including
safety and drilling personnel. Report of the inspecting team will be final and will form
the basis for selection.
Contractor shall, prior to start of operations, present to RIL, a report indicating its
organization for safety, its knowledge of safe practices including local statutory
requirements its previous safety record in terms of injuries and damages, the safety
awareness and training of its Personnel, as well as the effectiveness of its reporting
system. Contractor shall comply with applicable laws of the land.
Contractor shall conduct a Risk Assessment workshop with RIL representatives using
RILs risk assessment matrix prior to start of the activities and prepare a risk register
with the identified controls.
In case of a high hazard operation further Bow tie study shall be arranged using RILs
methodology.
Contractor shall prepare a bridging document with RIL for ensuring safety.
Contractor shall depute / nominate a dedicated safety officer for the Rig, who will be
responsible for site safety and coordinate with RIL Safety Officer towards
implementation of all the necessary safety provisions. Contractor shall ensure that
their Personnel observe and perform all safety and occupational health regulations,
which RIL and /or Contractor may issue. Without prejudice to Contractor’s general
responsibility for the safety of its operations and Personnel involved, and its
obligations in accordance with Scope of Work, Contractor shall observe, perform and
adhere to national safety standards, Oil Mines Regulations, Circulars /
Recommendations of DGMS (including Tenth conference on safety), OISD, practices
and policies issued by RIL.
As per RIL safety requirement all the vehicles (LMVs, MHEs) should have proper seat
belts in working condition (for all the passengers in case of LMVs)
It shall be the responsibility of Contractor to provide suitable PPE like safety helmet,
fire retardant coverall, hand gloves for Impact safe operations, safety goggles, safety
shoes etc to personnel engaged in Work and also to visitors of the Rig.
Contractor shall provide a battery started, diesel driven fire water pump for fire-fighting
in case of any fire break out at site.
Contractor shall prepare a written Standard Operating Procedure (SOP) for the works
to be carried out suitably incorporating the Safe work practices mentioned in OMR.
Copies of the SOPs and safety policy / manual of contractor shall be provided to RIL
engineer-in-charge for monitoring purpose.
Contractor should update its Safety Manual and standard operating procedures based
on any new technology, new regulatory requirement or outcome of any
recommendations of incident investigation for the purpose of maintaining safe working
conditions.
Contractor shall submit a monthly HSE statistics report to RIL, providing details of
manhours worked and all the activities related with HSE.
Contractor shall provide the fire fighting equipment at the Site as per the requirements
specified in OMR, OISD 189. In case of duplicity the stringent specifications shall be
followed.
Contractor shall ensure that all contractors hired by him comply with the same
requirement as the Contractor himself and shall be liable for ensuring compliance to all
safety laws by the Sub Contractor.
Contractor shall provide safety sign boards at the site, including but not limited to: No
Smoking, Use Proper PPE, Assembly Point, Vehicle Parking Area, Designated
“Smoking Area” etc.
Contractor shall conduct incident investigation and root cause analysis and submit the
report to RIL within 3 days
RIL shall be informed when any person returns to work after having time off as a result
of an accident.
Identified corrective actions shall be implemented at the site by the contractor. Any
financial implication will be on account of contractor.
1.4 Environment
Contractor, during the course of operation, must comply fully with applicable
environmental laws, regulations and practices by acting to preserve air, water, animal
and plant life from the adverse effects of work and to minimize any nuisance which
may arise from such work.
Contractor shall while performing the Work prevent releases, spills and leaks from
occurring. Contractor shall dispose hazardous waste generated by Contractor and its
Subcontractors, at approved locations in an environmentally safe method and as per
the laws of land at Contractor’s cost.
Contractor shall maintain all relevant records upto date and not limited to the list
attached herewith in bound page registers at site to fulfil the requirements of Mines
Act, Mines Rules and Oil Mines Regulations. These records are subject to periodical
audit by RIL and DGMS. Contractor shall submit a monthly HSE statistics report to
RIL, providing details of all the activities related with HSE.
Contractor shall maintain records of all the employees deputed at the rig in their own
as well as RILs Form-B register.
Contractor shall submit prior notice to DGMS (Elec.) in coordination with RIL regarding
generating plant exceeding 10 KW and obtain approval as per CEA Regulation.
Contractor shall either not store fuel in bulk at the Sites or obtain approval for bulk
storage of fuel in the tank coming with the Rig at the Well Site.
Contractor shall maintain well control equipment in sound condition at all times and
shall use all reasonable means to control and prevent fires and blow outs and to
protect the wells.
Contractor shall use all reasonable means to keep the hole in gauge and good
condition at all times. Contractor shall maintain safety registers in which results of all
drills, safety tests/checks and exercises are recorded and commented. The
information shall be made available for inspection by RIL. Contractor will maintain all
records and register as required under the law of land.
D MAINTENANCE SERVICES
1 Maintenance and repairs of Equipment x x
2 Workshop for Equipment x x
E STORAGE AND OTHER FACILITIES
1 Warehouse for Equipment and supplies x x
2 Tool bin to store Contractor’s & RIL’s x x
equipment on the site
F HOUSING AND MEDICAL SERVICES
1 Contractor’s head office in India x x
2 Accommodation for Personnel x x
3 RIL representative’s office as per x x
specification given in Exhibit B
4 Housekeeping services and supplies X x
5 Emergency medical treatment for x x
Contractor’s/RIL’s personnel including
emergency hospitalization
6 Dedicated emergency vehicle (available x x
at site on 24 hrs basis) for emergency
medical evacuation
7 Sufficient first aid medical supplies at site x x
I OTHER SERVICES
1 All engineering and procurement x x
services during mobilization and
demobilization
2 Correcting deficiencies of Equipment x x
during mobilization
3 Services not designated but required for x x
completion/ workover program
J INSPECTION
1 Inspection of Rig and Equipment x x
including all x-overs, tubulars, etc using
NDT prior to mobilization of rig
2 All subsequent (after mobilization of x x
Rig), inspection, due to failure of
Equipment, by a third party/RIL
3 NDT of BHA and handling tools after one x x
year
4 NDT of Mast, high pressure lines, sub- x x
structure after one year
EXHIBIT B
TECHNICAL SPECIFICATIONS
SL. DESCRIPTION RIL’s Specification Bidder’s Specification
NO
SECTION A: RIG The mobile Rig with 50 ton hook load rating and capable
for completion/workover of wells having 1200 meters
depth. All Equipment supplied by Contractor should be as
per American Petroleum Institute (API) specification (API
monogrammed). Manufacturing date of rig should not be
old than preferably five years but not older than eight
years.
OEM manual of each Equipment, Hose, Pipes should be
provided prior to commencement of job.
Purchase Order of new Equipment and Test Certificates of
old Equipment should be maintained at sites
A1 Draw works Having approximately 250 hp capacity
It should be diesel engine drive, equipped with mechanical
brake, variable draw works speed and one reverse speed.
Make up/break up catheads, Crown–o-matic, Floor-o-
matic, proper cooling system and deadline anchor
complete in all respect.
A4 Travelling Block / Hook & Having 50-ton load capacity. Travelling block/ hook and
swivel Assembly swivel assembly should have required number of sheaves
along with weld-less elevator links of suitable size and
rating
SL. DESCRIPTION RIL’s Specification Bidder’s Specification
NO
A5 Sub Structure Size of substructure should be approximately 12ft x 12ft
and having clear height to accommodate Blowout
Preventer (BOP) stack. A Substructure with sufficient
height where Kelly joint shall be above BOP and below
rotary table during fishing operations is preferred.
A6 Rotary Table Rotary table with suitable maximum opening and having
load capacity compatible with Rig. The Rotary table shall
have Torque control lock and calibrated Torque gauge.
- Max input horse power Having suitable input HP with variable liner sizes (from 4
½” to 6”) capable of carrying out operations in 5 1/2"
casing and 7” casing with 2 3/8" drill pipe, 2-7/8’ tubing as
well as 3 ½” tubing upto depth of 1200 metres.
E2 Gauge assembly Mud pump pressure gauge, air pressure gauge, oil
pressure gauge
E3 Ton Mile meters 1 no. digital Ton Mile meters
SECTION F: HANDLING
TOOLS
F1 Elevators API certified Center latch elevators for 2-7/8” EUE tubing, 3
½” EUE tubing, 2-3/8” EUE tubing and 2 7/8" drill pipe
F2 Sucker rod elevator, Hook and API certified, For 1”, 7/8” and ¾” sucker rods
accessories
F3 Tongs API certified Sucker Rod power tong along with power unit
and accessories, make: Weatherford/BJ/NOV- for makeup
and break out of sucker rods of sizes 3/4”, 7/8” and 1”
along with torque gauge with backup tongs / Jaws safety
slings, 2 sets of OEM spare jaws and dies and required
spares like eg. Brake belts etc. The tong should have a
valid calibration certificate and should be tested once in
every six months.
API certified Manual tongs for 3/4”, 7/8” and 1” sucker rod.
H13 Company man office Trailer mounted suitably furnished 20 feet one (1)
independent bunkhouse with completed office cum
bedroom set up like new A.C, room heaters, cabinets,
Tables, chairs, white board, refrigerator, electrical kettle,
bed and TV (with satellite dish connection) etc. attached
with shower, toilet room c/w with plumbing with overhead
Water tanks and soak pits, dust bins, for RIL’s
Representative, Engineers and RIL’s other contractor
personnel.
H13 Portable toilets For Rig Crew
H14 Sand Bailer Mechanical type (Make Bull dog) for running in with tubing
For 5 ½” casing – 2 nos of mechanical type
For 7” casing – 1 no. of mechanical type
H15 Cat walk, V-door and Pipe For handling racking of drill pipe, tubings & sucker rods etc
racks
H16 Prime movers and hydra 1 no. 14 ton hydra (stage 2) all the time at Site and
minimum 4 nos. prime movers and 2 trailers for ILM.
All the heavy vehicles shall have a valid fitness certificate
and shall be renewed on time.
SL. DESCRIPTION RIL’s Specification Bidder’s Specification
NO
H17 Filtration Unit 1 set of Twin Pod vessel cartridge filter unit with pump
Cartridge capacity – 10 micron filtration rate up to 5 BPM.
Arrangement for suction directly from filtration unit to mud
pump. Bidder to attached catalogue of offered filtration
unit. Bidder to also suggest quantity of cartridge for one
time installation
H18 High mast towers Two potable high mast towers for illumination
H19 Rig accessories All other equipment and rig accessories required for
smooth running of rig and not included above. Spare Parts
of each and every critical equipment must be readily
available at site Warehouse
REQUEST FOR PROPOSAL
FOR
RFP No : RIL/E&P/MG2/40010819/2019
EXHIBIT C
CONTRACT PRICE SCHEDULE
EXHIBIT C
The Mobilization Fee shall be paid by RIL to Contractor only after the Completion of
Mobilization as specified in Clause B-3 of “Exhibit A”. This fee shall cover all
expenses incurred by Contractor before and till the Completion of Mobilization
without any exception, including insurance, fuel and lubricants, rental of the Rig and
provision of Personnel.
The Demobilization Fee for all Equipment shall be paid by RIL to the Contractor only
after the Completion of Demobilization as specified in clause B-5 of “Exhibit A”,
subject to Contractor providing documentary proof of completing all formalities.
Should RIL and the Contractor sign a new agreement immediately subsequent to the
completion of this Contract, then no Demobilization Fee shall be payable. However,
the new Agreement shall indicate the Demobilization Fee mentioned above with the
same condition for the payment of Demobilization Fee.
The operating rate shall be payable from the time of arrival of the Equipment at the
Site, all permits, clearances, licenses required under Indian laws obtained, inspection
and acceptance of the Rig by RIL, loading / unloading of RIL equipment, Rig being
safe, operable, completion of system installation and calibration, instrument tests and
ready to commence Work with all specified Personnel, Equipment and Materials at
Site till the completion of Work at that Site unless superseded by any other rates.
The standby rate with crew shall be payable as per Rate Entitlement Chart
Standby rate with crew (motors not running eg logging, etc ) INR/USD
(per 24 hour day or pro rata for part thereof)
Standby rate without crew (crew off location, staying locally ) INR/USD
(per 24 hour day or pro rata for part thereof)
• During any period while the Rig is shut down or while any operation to be
performed by the Rig is suspended or the next operation cannot commence due
to the failure of or accidental damage to (howsoever the same may arise) any
piece of Equipment.
• The Repair rate shall be payable for a maximum period of 4 hours for any single
incident of shut down or suspension. If the cumulative repair time exceeds 24
hours per calendar month or or pro-rata and up to cumulative of 96 hours per 5
month period (or pro-rata), from the Commencement Date and thereafter, NO
PAYMENTS whatsoever shall be payable by RIL until such time as the Rig
resumes normal operations.
INR/USD
Repair Rate for 24 hrs Operation: per hour
• During any period while the Rig is shut down or while any operation to be
performed by the Rig is suspended or the next operation cannot commence due
to the absence of, the failure of or accidental damage to (howsoever the same
may arise) any piece of Equipment.
• The Repair rate shall be payable for a maximum period of 4 hours for any single
incident of shut down or suspension. If the cumulative repair time exceeds 12
hours per calendar month or or pro-rata and up to cumulative of 48 hours per 5
month period (or pro-rata), from the Commencement Date and thereafter, NO
PAYMENTS whatsoever shall be payable by RIL until such time as the Rig
resumes normal operations.
INR/USD
Repair Rate 12 hrs operation: per hour
INR/USD
(per 12 hour day or pro rata for part thereof)
The operating rate shall be payable from the time of arrival of the Equipment at the
Site, all permits, clearances, licenses required under Indian laws obtained, inspection
and acceptance of the Rig by RIL, loading / unloading of RIL equipment, Rig being
safe, operable, completion of system installation and calibration, instrument tests and
ready to commence Work with all specified Personnel, Equipment and Materials at
Site till the completion of Work at that Site unless superseded by any other rates.
Standby rate with crew (motors not running eg logging, etc ) INR/USD
(per 12 hour day or pro rata for part thereof)
Standby rate without crew (crew off location, staying locally ) INR/USD
(per 12 hour day or pro rata for part thereof)
C-8.1 INTER LOCATION MOVE RATE (with contractor supplied material handling
equipment such as cranes, trailers, prime movers etc)
10.1 In the case of operations under the Contract being suspended in circumstances of
Force Majeure, as defined in Article 25 of the Contract and including therein any time
spent in making repairs to the Rig the need for which arises from circumstances of
Force Majeure and which are necessary to permit the Rig to resume normal
operations under the Contract.
10.2 The Force Majeure Rate shall be payable for a maximum of 30 days. Force Majeure
Rate payable shall be equal to One-third (1/3rd) of the Standby Rate Without Crew.
Beyond the 30 days no payment whatsoever shall be admissible till the resumption of
normal operation.
For the period of time the Equipment as per the Contract are not available on Rig /
Site for which operations are not being suffered at that point of time RIL shall effect
the deduction of 1/60th of the Equipment cost per week as per invoices furnished by
the Contractor.
For the period the Personnel as per the “Exhibit H” are not available on the rig / base
for which the operations are not suffered at that point of time RIL shall effect
deduction in line with the short deployment rates in line with the provisions of
Contract.
Rates applicability for various operations is clearly shown by mark “X” under
appropriate column. No charges shall be payable under any head except column
bearing the “X”.
Rates which are not mentioned in Rate entitlement Chart will be payable as per other
provisions of Contract.
1. No payment will be made for loading/unloading of RIL supplied material or equipment at
Site.
2. All preparation work to be carried out well in advance, wherever possible, and no
separate payment will be made for the arrangement
3. For the operations, which can be carried out simultaneously, Contractor should have
sufficient manpower to carry out simultaneous operation, wherever possible, and no
payment will be made to Contractor for the extra time spent in carrying out operation one
after another.
Pricing Terms:
Stand by rate (with crew) – Not more than 60% of Operating rate
Stand by rate (without crew) – Not more than 50% of Operating rate
The rates quoted by the Contractor in the Contract are inclusive of HSD. Contractor shall
submit relevant documents with the break-up of the summary of the quantity of HSD duly
supplied and approved by RIL Authorized Representative along with original invoice. It is to
be noted that RIL is in the process of setting up bunker facility for storage and supply of
HSD to meet the requirement of CBM operations. Notwithstanding the foregoing, the
Contractor will have the option to take HSD supplies from RIL as a free issue and in the
event Contractor opts to do the same, then the rates considered by the Contractor in the
Contract for the HSD supplies shall be suitably adjusted based on cost avoidance method.
The modalities of the same will be discussed and agreed mutually.
For the purposes of this Agreement a “day” means a period of 24 hours from 07.00 A.M. to
7.00 A.M. of next day. For 12 hrs operation a “day” means a period of 12 hours from 07.00
A.M. to 19.00 P.M. of same day. Activities time to be rounded off to nearest quarter of hour.
All prices indicated are in Indian Rupees (INR) or United State Dollar (USD).
All prices, rates etc. shall remain fixed for the duration of the primary term of the Agreement
or any extensions thereof.
FOR
RFP No : RIL/E&P/MG2/40010819/2019
EXHIBIT D
QUALITY CONTROL PROCEDURES
EXHIBIT D
1.1 Contractor shall carry out all activities in accordance with highest onshore
industry standards. Prior to commencing the operations
1.2 Contractor shall preload the Drilling Unit to the maximum anticipated
loads plus a safety factor as per Contractor’s procedure prior to spudding
operations.
1.3 Contractor shall review the scope of work, ensure that the Drilling Rig and
equipment as listed in “Exhibit B” meet the requirement and maintain valid
documents as per classification society/regulatory bodies and also comply
with applicable code requirements.
1.4 Contractor shall mobilize all Senior/ Junior Rig personnel as detailed in
“Exhibit H”. Supervisory/ Key personnel, including Drillers, shall be
thoroughly trained & well versed in blow-out prevention, well control
procedures, stuck pipe prevention and release procedures.
1.5 Contractor shall ensure that it has adequate operating and safety
procedures for Drilling, Completion Work Over and testing of Wells and
carry out function/pressure testing of all blow-out control devices and key
surface equipment in an accepted periodic sequence. All pressure testing
shall be recorded and documents will be provided to RIL.
1.6 Contractor shall maintain strict discipline and good order among its
employees and sub-contractors and shall abide by Well programmes and
maintain constant communication with RIL’s representative to optimize
drilling performance and production operations.
1.7 Contractor shall provide safe and healthy environment for personnel to
work in, including but not limited to protective clothing. Contractor shall
report and investigate all incidents/accidents, minimize generation of
hazardous waste, hold weekly safety meetings and conduct safety drills.
Contractor shall comply with all local environmental regulations.
1.8 Contractor shall maintain at all times on the Rig and at it’s bases,
“Operation” and “Maintenance” manuals and Well Control Procedures, for
instant review and nominate its base management to monitor all safety
procedures
REQUEST FOR PROPOSAL
FOR
RFP No : RIL/E&P/MG2/40010819/2019
EXHIBIT D-I
ENVIRONMENTAL COMPLIANCE
EXHIBIT "D-I"
ENVIRONMENTAL COMPLIANCE
1. In performance of this Agreement, Contractor shall conduct the Work with due regard
to concerns with respect to protection of the environment and conservation of natural
resources. In the furtherance of any laws, regulations and rules promulgated by the
Government, Contractor shall:
3. If RIL has, on reasonable grounds, reason to believe that any Works by Contractor or
any operations conducted by Contractor are endangering or may endanger persons or
any property of any person, or are causing avoidable pollution, or are harming fauna
and flora or the environment to a degree which is unlawful, RIL may, pursuant to
applicable law, require Contractor to take remedial measures within such reasonable
period as may be determined by RIL and, if appropriate, repair such damage. RIL
may, pursuant to applicable law, require Contractor to discontinue performance of the
Work in whole or in part until Contractor has taken such action.
ii. Any pertinent completed environmental impact studies are made available to its
employees and to its Subcontractors to develop adequate and proper
awareness of the measures and methods of environmental protection to be used
in carrying out the Work; and
iii. The agreements entered into between Contractor and its Subcontractors relating to its
Work shall include the provisions stipulated herein and any established measures and
methods for the implementation of Contractor's obligations in relation to the environment
under this Agreement.
REQUEST FOR PROPOSAL
FOR
PROVIDING WORK OVER RIG SERVICES WITH
ROTARY DRIVE
RFP No : RIL/E&P/MG2/40010819/2019
EXHIBIT E
50 Applicant
59 Beneficiary - Name & Address RELIANCE INDUSTRIES LIMITED
RELIANCE CORPORATE PARK
BUILDING NO 10A 2ND FLOOR
GHANSOLI NAVI MUMBAI 400701
ATTN. MR. HIMANSHU S GUPTA
TEL. NO +91 22 79685224
RFP No : RIL/E&P/MG2/40010819/2019
EXHIBIT F
FORM OF PARENT COMPANY GUARATNEE
EXHIBIT F
DEED OF GUARANTEE
This guarantee is made as a deed (“Guarantee”) on this ___ day of ____ 20XX by and between:
XXXXX, a company registered under the laws of XXXX (herein after referred to as “Company” or
"Guarantor", which expression includes its permitted successors and assigns);
and
RELIANCE INDUSTRIES LIMITED, a limited liability company incorporated in India and having its
registered office at 3rd Floor, Maker Chamber IV, 222 Nariman Point, Mumbai 400 001, India (herein after
referred to as, "Reliance", which expression includes its permitted successors and assigns).
WHEREAS:
A. Company has represented that XXXX, a company incorporated and registered under the laws of
XXXXX ("Consultant"), is its wholly-owned, direct or indirect subsidiary; and
B. Company acknowledges that Reliance and Consultant have entered into an agreement to carry out
[Mud Logging Services] dated effective as of XXXX, as the same may be amended, modified or
supplemented from time to time, (the "Agreement").
THEREFORE, for valuable consideration and as an inducement to Reliance to enter into the
Agreement, this Guarantee is executed by and between Company and Reliance, wherein the Company
(Guarantor) undertakes as follows:
1. Guarantor hereby irrevocably and unconditionally guarantees to Reliance, the full and timely
performance by Consultant of all Consultant’s obligations under the Agreement, when due and
observance of, when due, all covenants, terms and agreements to be performed and observed
by Consultant under the Agreement and all other present or future agreements and instruments
between Reliance, on the one hand, and Consultant or any of Consultant’s affiliates, on the other
hand, in connection with the performance of the Agreement (such obligations of Consultant being
the "Obligations"). Notwithstanding any other provisions of this Guarantee to the contrary, this
Guarantee shall not modify the Obligations under the Agreement or require Guarantor, when
performing or causing work to be performed on behalf of Consultant to expand the Obligations
under the Agreement, and the liability of Guarantor to Reliance with respect to the Agreement
shall not be greater than the liability of Consultant to Reliance under the Agreement and
Guarantor shall have the benefit of any limits on or exclusions of liability of Consultant under the
Agreement.
2. In consideration of Reliance accepting this Guarantee pursuant to the Agreement and Reliance
entering into the Agreement with the Consultant, the Guarantor:
(a) as a primary obligation and not as surety, guarantees to Reliance the due and punctual
performance by the Consultant of all of its obligations, warranties, duties, liabilities and
undertakings under and pursuant to the Agreement when and as such obligations, duties and
undertakings shall become due and performable according to the terms of the Agreement; and
(b) agrees, in addition to its obligations set out in Clause 2(a) above, to indemnify Reliance (and
keep Reliance indemnified) against all losses, damage, costs and expenses which Reliance
may incur arising out of or in connection with the failure by the Consultant to perform any of its
obligations, warranties, duties, liabilities or undertakings under and pursuant to the Agreement;
3. In the event of any breach of the obligations of Consultant under the Agreement and in the event of
failure by Consultant to remedy such breach in accordance with the terms of the Agreement, upon
receipt of a first written demand from Reliance , the Guarantor shall, without proof or any other
conditions, either perform or observe the prior obligations of the Consultant as set out in Clause 2(a)
above, or shall perform or take whatever steps may be necessary to achieve the performance of
Work the Contract or shall pay to Reliance all money, losses, damages, costs and expenses on an
indemnity basis as set out in Clause 2(b) above. Notwithstanding any provision to the contrary
contained in this Guarantee, the liabilities and obligations, individually or collectively, of Guarantor to
Reliance under this Guarantee shall not be greater than liabilities and obligations of Consultant to
Reliance under the Contract.
5. Each and every default or failure by Consultant in making a payment or otherwise discharging or
performing any of the Obligations shall give rise to a separate liability of Consultant to Reliance
and a separate cause of action hereunder and a separate suit may be brought hereunder as
each liability or cause of action arises and Guarantor hereby waives any and all defenses in each
and every such suit as to ‘joinder’ or ‘non-joinder’ of cause of action or causes of action.
6. Guarantor agrees to pay all costs, expenses and fees of whatsoever nature, including all
reasonable attorneys' fees, which may be incurred by Reliance in enforcing this Guarantee,
whether by arbitration, suit or otherwise Not used.
7. The obligations of Guarantor under this Guarantee shall be irrevocable, absolute and
unconditional and shall remain in full force and effect until such time as all the Obligations shall
have been finally, absolutely and completely discharged and performed or excused in accordance
with the Agreement. The obligations of Guarantor shall not be affected, modified or impaired upon
the happening from time to time of any one or more of the following whether or not with notice to or
consent of Consultant or Guarantor and subject to Clause 15, Guarantor shall continue to be liable:
(a) the compromise, settlement, release, change, modification or termination of any of the
covenants, terms or agreements of Consultant set forth in the Agreement;
(b) the waiver by Reliance of the payment, performance or observance of any of the covenants,
terms or agreements of Consultant set forth in the Agreement;
(c) the extension of time for payment of any amounts due or of the time for performance of any
of the covenants, terms or agreements of Consultant set forth in the Agreement;
(d) the modification or amendment (whether material or otherwise) of any covenants, terms and
agreements set forth in the Agreement;
(e) the failure, omission, delay or lack on the part of Reliance to enforce, ascertain or exercise
any right, power or remedy under or pursuant to the terms of the Agreement or this
Guarantee;
(f) the fact that Guarantor may at any time in the future dispose of all or any part of its interest in
Consultant or otherwise alter its investment in Consultant in any manner
(h) the bankruptcy, insolvency or other similar or dissimilar failure or financial disability of
Consultant;
(i) the addition, substitution or partial or entire release of any guarantor, maker or other party
(including Consultant) primarily or secondarily liable or responsible for the performance and
observance of any of the covenants, terms or agreements set forth in the Agreement or by
any extension, waiver, amendment or thing whatsoever which may release a guarantor
(other than performance);
(j) the invalidity, nonbinding effect or unenforceability of any covenant, term or agreement set
forth herein or in the Agreement; or
(k) the addition, substitution, subordination, or partial or entire release of any security for the
performance and observance of any of the covenants, terms or agreements set forth in the
Agreement.
8. Guarantor agrees that until the termination of this Guarantee, it shall not exercise any right or
remedy arising by reason of the performance of any of its obligations under this Guarantee,
whether by subrogation or otherwise, against Consultant or any other guarantor of any of the
Obligations, or any security for any of the Obligations.
9. Guarantor hereby waives and relinquishes any and all defenses of payment (whether now existing
or hereafter arising) and any and all rights and remedies accorded by applicable law to sureties or
guarantors, and agrees not to assert or take advantage of any such rights or remedies, including
without limitation:
(c) any right to require Reliance to proceed against Consultant or any other person or to proceed
against or exhaust any security held by Reliance at any time or to pursue any other remedy in
Reliance's power before proceeding against Guarantor;
(d) any defense that may arise by reason of the incapacity, lack of authority, death or disability of
any other person or the failure of Reliance to file or enforce a claim against the estate (in
administration, bankruptcy or any other proceeding) of any other person;
(e) demand, presentment, protest and notice of any kind, including without limitation notice of
the existence, creation or incurring of any new or additional indebtedness or obligation or of
any action or non-action on the part of Consultant or Reliance, or any creditor of Consultant
or Guarantor or on the part of any other person under this or any other instrument in
connection with any obligation or evidence of indebtedness held by Reliance as collateral or
in connection with any Obligations hereby guaranteed;
(f) any defense based upon an election of remedies by Reliance which destroys or
otherwise impairs the subrogation rights of Guarantor, the right of Guarantor to proceed
against Consultant for reimbursement or indemnification, or all of the foregoing;
(g) any duty on the part of Reliance to disclose to Guarantor any facts Reliance may now or
hereafter know about Consultant, regardless of whether Reliance has reason to believe that
any such facts materially increase the risk beyond that which Guarantor intends to assume, or
has reason to believe that such facts are unknown to Guarantor, or has a reasonable
opportunity to communicate such facts to Guarantor, since Guarantor acknowledges that
Guarantor is fully responsible for being and keeping informed of the financial condition of
Consultant and of all circumstances bearing on the risk of non-payment or non-performance
of any Obligations hereby guaranteed;
(h) any defense arising because of Reliance's election, in any proceeding instituted for any
Bankruptcy of Consultant; and
10. Guarantor acknowledges that Guarantor has received an executed copy of the Agreement
from Consultant and is familiar with the Agreement and the arbitration provision therein for
the settlement of disputes that may arise between Reliance and Consultant arising out of or
relating to the Agreement. Guarantor agrees that any order, agreement, settlement, award,
decision or ruling arising out of arbitration proceedings pursuant to the arbitration provision and
made by the arbitrators or any arbitral panel, body or tribunal, shall be final and binding on
Guarantor as to the liability or obligations of Consultant under the Obligations. Nothing in this
Clause shall diminish or affect any of Reliance's rights or Guarantor's obligations under this
Guarantee.
11. This Guarantee shall inure to the benefit of and be binding upon the Guarantor hereto and its
successors and assigns, provided, however, that Guarantor may not make an assignment or other
transfer of this Guarantee or any interest herein unless it has obtained the prior written consent of
Reliance to such assignment or other transfer, which consent may be withheld in Reliance's sole and
absolute discretion.
12. All notices to Guarantor or Reliance required to be served under this Guarantee shall be in writing and
shall be served by reputable courier, or registered or certified mail, postage prepaid, and shall be
addressed as follows:
Guarantor
[state]
Reliance
[state]
or at such other address Guarantor or Reliance may from time to time designate in writing.
13. The courts of Mumbai will have exclusive jurisdiction in relation to the enforcement of this
Guarantee or to settle any dispute arising out of, or in connection with this Guarantee. This
submission is irrevocable and is for the exclusive benefit of Company. Nothing contained herein
shall, however, limit the right of Reliance to take proceedings to enforce this Guarantee against the
Guarantor in any other court or in the courts of more than one jurisdiction at the same time. The
Guarantor irrevocably waives any objection, on the ground of forum non conveniens or on any
other ground, to the taking of enforcement proceedings or settling of disputes in any court in
Mumbai.
(a) the execution and delivery of this Guarantee and its performance have been duly authorized
by all necessary corporate action on the part of Guarantor; this Guarantee is the legal, valid
and binding obligation of Guarantor, enforceable against it in accordance with its terms, subject
to the application of bankruptcy and similar laws and of general equitable principles; and
(b) the execution, delivery and performance of the Guarantee will not violate any law or any
provision of any security issued by Guarantor or of any agreement, instrument or undertaking to
which Guarantor is a party or by which it or any of its property is bound, and do not require any
license, consent or approval of any governmental authority.
(a) [Subject to the provisions of Clause 15(b), this Guarantee shall terminate upon the expiration
of the Warranty Period under the Agreement] (or in case of a service contract) [Subject to
the provisions of Clause 15(b), this Guarantee shall be co-terminus with the Agreement,
except to the extent Consultant’s Obligations survive under the Agreement].
(b) (b) Notwithstanding the provisions of Clause 15(a), this Guarantee shall be reinstated if at any
time following the termination of this Guarantee under Clause 15(a), if any payment by
Guarantor under this Guarantee has not been made to Reliance. Such period of reinstatement
shall continue until satisfaction of the conditions contained in the Agreement and shall
continue for a period not exceeding six (6) months from the date of receipt of the last payment
to Reliance after the expiration of the Warranty Period under the Agreement.
16. Any invalid, void or unenforceable provisions in this Guarantee shall be deemed severed herefrom,
and such whole or partial invalidity shall not affect the enforceability or validity of the balance of this
Guarantee. In the event that any provision of this Guarantee is held to be invalid, void or
unenforceable, Guarantor shall, at the notice of Reliance, shall act expeditiously and diligently to
amend the Guarantee or enter into an enforceable agreement to employ an alternate means to
achieve the same or substantially the same result as that contemplated by such provision.
17. Any capitalized terms used herein and not herein defined shall have the meanings given to them
in the Agreement.
18. Any failure of Reliance to enforce any of the provisions of this Guarantee or any rights in respect
thereof on one or more occasions, or to exercise any option herein provided, shall in no way be
considered to be a waiver of any provisions, rights or option as to any other occasion or in any
way affect the validity of this Guarantee.
19. Reliance may assign this Guarantee in whole or in part to any Affiliate of Reliance without the
consent or approval of Guarantor, and may assign this Guarantee in whole or in part to any other
Person with the prior written consent of Guarantor, which consent shall not be unreasonably
withheld or delayed. The foregoing notwithstanding, Reliance may assign this Guarantee in
whole or in part in connection with any assignment by Reliance described in Clause 30 of the
Agreement without the consent or approval of Guarantor.
20. This Guarantee shall become effective on earlier of, the Effective Date of the Agreement or the
date hereof.
IN WITNESS WHEREOF this Guarantee was executed as a deed on the date first above written.
______________________
Authorized Representative
FOR
RFP No : RIL/E&P/MG2/40010819/2019
EXHIBIT H
CONTRACTOR’S PERSONNEL
EXHIBIT H
CONTRACTOR’S PERSONNEL
1.0 Minimum required Senior and Junior Staff to be provided by the Contractor at the Rig
and base support as detailed in sections 2.0, 3.0 and 4.0.
3.0 SENIOR RIG PERSONNEL (Contractor to give designation and required number
in a table with following headings)
Designation
1.
2.
3.
………and so on
5.1 Contractor shall prior to the Commencement of Mobilization present to RIL a list
of all Senior (minimum experience of 10 years) and Junior (minimum experience
of 3 year) Personnel who are planned to be involved in the Work. The list shall
show each person’s qualifications, details of work history and previous
employment with dates, training courses attended and copies of all pertinent
certification required. At least One senior Personnel in each shift should have
valid IWCF/IADC well control certificate. The electrician/electrical supervisor
should have a valid license for DGMS approved Mining Electrical Supervisor.
There should be one independent HSE officer in general shift. Also there should
be one electrician per shift.
Additionally, at least one senior personnel in general shift/ in each shift should
have knowledge of working of setting of down hole tools like packer, bridge plug,
etc. Also each driller should have working knowledge of how to use both type of
sand bailers.
5.2 If, in the duration of the Contract, Contractor plans to change one or more of the
senior Personnel from the original name list, then Contractor shall contact RIL in
advance, inform it of the intended change and give RIL the above mentioned
particulars of the new person.
5.3 Pursuant to Clause 38.9, Annexure 1 of the Contract, RIL reserves the right to
reject a person on the original name list and also any subsequent change to the
name list. RIL’s acceptance of any person’s qualifications is without prejudice to
the provisions of Clause 38.9, Annexure 1.
5.4 The minimum number of Personnel, which shall be available on the Rig at all
times, shall be as indicated in Sections 3.0 and 4.0 above. However, Contractor
shall provide additional qualified Personnel to efficiently perform all operations
required for the Work.
5.5 It is the requirement of RIL that Contractor brings in the same senior crew and
rig floor crew, which has worked on the rig/s in the last contract.
5.6 It is RIL's requirement that Contractor provide good camp facility to its Personnel.
6.1 Contractor Personnel shall work twelve (12) hours per day.
6.2 During 24 hrs operation Contractor Personnel shall work in 12 hours shift in 21
days ON & OFF Pattern. Senior Personnel are expected to attend to all important
operations.
7.1 Without prejudice to any other act if at any time personnel engaged in the Work
are less than the minimum listed in Sections 3.0 and 4.0 above, payment due
to Contractor shall be reduced by the amount as specified in Exhibit C-13.0 for
the corresponding personnel not on duty. Contractor shall issue a credit to RIL
on its monthly invoice for any short manning over the month as documented in
the Daily Progress Report.
8.1 Should RIL make written request that manning as specified in Sections 3.0 and
4.0 above be changed, Contractor shall immediately accede to such request and
the applicable Day Rates shall be adjusted upward (or) downward based on the
Personnel Daily Rates specified in Clause 11.2 below.
9.1 All Contractor supervisors and senior Personnel must have attended advanced
fire fighting and first aid training. All junior Personnel must have attended basic
fire fighting and at least one of the junior personnel, in each crew, must have
attended first aid training conducted by a recognized body and shall submit valid
certificates confirming such attendance to RIL together with their resumes prior
to Commencement of Mobilization.
10.1 No later than thirty (30) calendar days prior to the Commencement of
Mobilization, Contractor shall submit to RIL the names, resumes, titles and
functions of all supervisory and other Key and senior Personnel that Contractor
proposes to assign to the work.
10.2 After approval of the aforesaid personnel by RIL, no changes shall be made
without RIL’s prior approval.
11.1 The Personnel Daily Rates shall be applicable for Personnel engaged in the Work
as per clause 11.2 given below. These rates include all salary and overhead
burdens, including catering costs, and are the basis for adjustment of the
appropriate Day Rates. If at any time Personnel engaged in the Work are less
than the minimum requirement as listed in Sections 3.0 and 4.0 above.
Contractor shall reduce the appropriate Day Rate based on the applicable
Personnel Daily Rate per man. Should RIL request additional Personnel, RIL
shall pay Contractor at the applicable Daily Rate per man for Personnel.
Contractor shall furnish Personnel at the daily rate per man as per clause C-13.0
of Exhibit C
The cost of any specialist deployed by the Contractor on written request of RIL
in addition to the Personnel mentioned in the Contract shall be reimbursed at
actual. Contractor to provide documentary evidence while invoicing.
REQUEST FOR PROPOSAL
FOR
RFP No : RIL/E&P/MG2/40010819/2019
EXHIBIT J
CONTRACTOR LABOUR MANAGEMENT
EXHIBIT - J
A. LABOR LAWS:
B. PRE-COMMENCEMENT FORMALITIES:
B.2 Any changes taken place in the particulars of the above documents
shall be informed immediately to RIL along with documental proof for
the same for approval.
1. PF Challan.
2. ECR – Monthly Contribution Details of deputed employee/Personnel.
3. CRN – Payment Confirmation slip.
4. Attendance/Time Sheet of deputed employee/Personnel
5. Wages Register of deputed employee/Personnel
D. IMPORTANT ENACTMENTS:
a. Contractor will submit copy of the application in Form – IV along with copy
of the two Demand Drafts obtained from Union Bank of India, in favour
of “The Assistant Labour Commissioner (Central)” payable at Service
Branch of the respective area.
c. On receipt of the Labour License, Contractor shall submit copy of the same
within week time to the RIL HR Department.
e. Contractor shall display required notices and abstract of the Act / Rules on
the Notice Board in English and the language known by the majority of the
workmen and shall send copy of the same to the Authority under intimation
to the HR Department.
f. Contractor shall maintain all records / registers prescribed under the Act.
1. Register of workmen employed by the Contractor - XIII
2. Service Certificate - XV
3. Muster Roll - XVI
4. Register of Wages -
5. Wage slip - XIX
6. Register of deduction for damage & loss - XX
7. Register of Fines - XXI
8. Register of Advances - XXII
9. Register of Overtime - XXIII
10. Attendance Card / Employment Card - XIV
Every Contractor shall comply with the all provisions laid down in the said Act
and will submit following documents to RIL HR Department.
Every Month:
i. Every Contractor shall get required forms filled us from the workman at the
time of joining and leaving the organization.
ii. Contractor shall provide all help to transfer or withdraw the amount standing
in credit of the workmen as per the provisions paid down under the Act.
iii. Every Contractor should mention PF number on the payment slip to be
distributed to the individual workman.
iv. Every Contractor should send required annual returns to the competent
Authority and intimation to the RIL HR Department.
• Contractor should pay wages which is not less than Minimum Rates of
wages fixed by the Central / State Govt. (which-ever is higher).
• Contractor to display Notices required under the Act and Central Rules.
• Contractor shall send Annual Returns to the Authorities in Form – III for Year
ending as on 31st December in January.
Here the efforts have been made to cover few important enactments only.
There are also other enactments which are applicable. Moreover, the
statutory compliance under different Labour Laws shall be intimated by RIL
HR Department as and when required.
To avoid IR Problems including work stoppage at work site / Labour Camp(s) –
Contractor is advised to taken necessary precautions and ensure compliance to
discipline.
Date: ________________
WHEREAS the Company has entered into a contract with the contractor for the
_________________________. (hereinafter called the “Contract”);
AND WHEREAS it is one of the conditions of the Contract that the Contractor shall comply
with all the provisions of the Labour & Industrial Laws, as may be applicable from time to
time for the discharge and completion of the said contract by the Contractor including but
not limited to the observance and compliance of The Contract Labour (R & A) Act,1970,
Child Labour (Prohibition and Regulation) Act 1986, The Employees Provident Funds &
Miscellaneous Provisions Act, 1952, Employees State Insurance Act 1948, Minimum
Wages Act, 1948, Payment of Bonus Act, 1965, Payment of Wages Act, 1936, and other
Labour Laws applicable to the contractor (hereinafter referred as the ‘Laws’).
AND WHEREAS the Contractor has agreed to indemnify and keep the Company and the
management indemnified against all claims, charges, penalty, fine or any other levy
against the Company and/or the management due to the failure of the Contractor to
observe or follow any legal and statutory provision and the Contractor has agreed to
execute an indemnity bond to this effect.
2. THAT in the event of any liability arising out of failure to observe or non-compliance
of any such ‘Laws’ by the Contractor in discharge of the said contract, the Contractor
shall bear all the resultant whatsoever liability(ies), if any arising out thereof and that
the Company and the management shall not be liable for any such liability(ies). The
Contractor agrees to indemnify and keep the Company and the management
indemnified against all losses, costs, damages, claims, penalties, interest, expenses,
demands, fines, legal liability, causes of action, injury to persons, etc., which may be
suffered, incurred, undergone and/or sustained by the Company including the costs
and expenses that may be incurred in defending any such liability(ies) claim(s),
proceeding(s) etc. that may be made or taken or arise on the same by any person,
body, authority, government, judicial / quasi-judicial authority due to the failure or
non-compliance of any such laws and rules there under (including any amendments
in acts, laws, statutes & rules there under) of whatsoever kind and nature arising out
of or in any way connected with, whether or not such acts or omissions are actual or
alleged, active or passive with regard to the discharge of the said contract.
3. This declaration cum indemnity bond shall be in accordance with the laws of India
and any dispute between the parties as regards the contract of indemnity shall be
settled in accordance with the provisions of Indian Arbitration and Conciliation Act,
1996, including the method and manner of appointment of the Arbitrator. The place
of Arbitration shall be at _________ and the Courts of ___________ shall have the
proper jurisdiction.
IN WITNESS WHEREOF, the said Contractor has hereunto set their hand the day and
year first hereinabove written.
(Authorised Signatory)
Name :
Designation :
in presence of Witness
1. __________________________
2. ___________________________
To be executed on:
To
Reliance _______________
Addess
Dear Sirs,
Sub:Declaration
This is in reference to the service work order(s) awarded to us for various job work(s) to
be carried out at Reliance _______________, _____________ (Location)
The following persons have been deployed by us at Reliance________, ________ site for
the said jobs. Their details are as follows:
We also confirm that the deployed employees are our own and not Sub-Contractor’s
employees.
We hereby declare that we are complying with all the relevant statutory requirements as
applicable under the respective Shops & Establishment Act, The Minimum Wages Act
1948, Employees Provident Fund and Miscellaneous Provisions Act 1952, Employees
State Insurance Act 1948, Workmen’s Compensation Act 1923, and all other Industrial &
Labour laws as applicable to us from time to time, for the discharge and completion of the
said work(s).
Yours faithfully,
To: Name of the Reliance company from which the work order is issued
Address
Based on the records and information provided to us, we hereby certify that M/s
_______________________ (hereinafter referred to as “Company”) is in compliance with
the all Provisions of Employees Provident Fund & Miscellaneous Provisions Act, 1952 and
other labour laws as may be applicable to them in respect of all resources deputed by
them at ______(in respect of ________employees ) and we further confirm that
a. _____ (Vendor) has remitted EPF contributions in respect of all the employees as
per Section 2 (f) at the applicable rates.
b. We further confirm that _____ (Vendor) has also complied with all applicable
provisions of other relevant Labour Laws from time to time including but not limited to
The Minimum Wages Act, 1948, The Payment of Wages Act, 1936, Employee
Compensation Act, 1923, ESI Act, 1948 etc. etc.
For…….
Registration No.
Chartered Accountants
XXX
Partner
Membership no.:
Date:
Annexure D
The information submitted above is True & Correct to the best of our knowledge.
For xxxxxxxxxxxx
RFP No : RIL/E&P/MG2/40010819/2019
EXHIBIT L
LIST OF RECORDS OMR & CEA
REGULATIONS
EXHIBIT L
List of Records required to be maintained by Contractor as per OMR & CEA Regulations
Sr.No. Description
1 Appointment of competent person along with duties assigned to them Regulation 16 and 16 (3)
of OMR- 1984
2 Form B – Employees details resister/ Bio-data
3 Form E – persons employed above ground register
4 Form F – compensatory off register
5 Form G – leave during calendar year register
6 Form H – leave wages register
7 Form I – register of overtime
8 Details of visual examination of casing by a competent person- Reg. 36 (1) of OMR- 1984.
9 Details of casing line shifting- Reg. 36 (3) of OMR – 1984.
10 Details of hot work permit issued in Hazardous area after Checking the presence of
hydrocarbons – Reg. 69 (2) of OMR 1984.
11 Examination results / refilling details of fire fighting equipment every 3 month Reg. 70 (5) of OMR
regulation 1984
12 Pressure testing records of Air receiver tank before commissioning / after every renewal or repair
/ once in 3 years in case of normal operation – Reg. 78 (3) of OMR – 1984.
13 Testing of pressure relief devices – Reg. 78 (4) 1984.
14 Earth testing Records
15 Insulation test Records.
16 First aid Register
17 Names of the first aid and fire fighting trained persons to be displayed at the site.
18 Mock fire drills Records.
19 Employees Attendance Register.
20 Weekly inspection details of plant and machinery by competent person other than Electrical Reg.
81 (4) of OMR 1984.
21 Weekly inspection details of all electrical plant by competent person (approved by project
authorities and statutory authority) Reg.81 (4) of OMR 1984.
22 Weekly inspection of all fencing around protected area and record maintenance – Reg. 97(3) of
OMR 1984.
23 Accident Register- Section 23 of Mines Act 1952 and Rule 76 (1 & 2) of Mines Rules - Form J
(Return of reportable accident) and Form K (Return of Minor accidents)
24 Serious accidents & dangerous occurrences as per the OMR Form IV A, B & C
25 Weekly Safety Meeting Records
26 Employees Training Records.
27 Records of testing of Explosive meter (Portable Gas Detector)
28 Function test report of BOP assembly- Reg. 44 (2 & 3) of OMR 1984.
29 Pressure test reports of BOP assembly- Reg. 44 (1&3) of OMR- 1984.
30 BOP drill record
31 Medical evaluation of serious injured/ ill persons record
32 Layout Plan.
33 Single power line diagram.
34 Hazardous area classification diagram.
35 DGMS Electrical approval.
36 Safety inspection records
37 Audit reports
38 Log Sheet as per Schedule XIII of CEA Regulations 2010