Professional Documents
Culture Documents
(An ISO 9001 : 2008 & 14001 : 2004 Mini Ratna Public Sector Enterprise)
2, KANAKPURA INDUSTRIAL AREA, SIRSI ROAD,
JAIPUR-302012
Tel No: 0141- 2471835 ,2470879
e-mail: paliwal@reiljp.com website: www.reiljp.com
Implementation of 15 MW Grid Connected Roof Top and Small Solar Power Plants
Programme for ONGC Buildings in the State of Gujarat, Uttarakhand, Assam and
Tripura under CAPEX Model
Important Dates
Kindly note that only online bid will be considered against this tender
1
THIS TENDER DOCUMENT CONTAINS
2
RAJASTHAN ELECTRONICS & INSTRUMENTS LIMITED, JAIPUR
This is a Notice Inviting Tender (NIT) for Implementation of 15 MW Grid Connected Roof
Top and Small Solar Power Plants Programme for ONGC Buildings in the State of
Gujarat, Uttarakhand, Assam and Tripura under CAPEX Model
as per description and terms & conditions specified here in after:
1.1 Item Description & Quantity:
1.2 e-Tendering Procedure: The LSTK Project shall be carried out through submission of
online tenders only. No offer in physical form will be accepted and any such offer if received
by REIL will be out rightly be rejected. Tender documents can be downloaded from our
website www.reiljp.com or website of CPPP www.eprocure.gov.in. Final bids are to be
submitted on website www.eprocure.gov.in. Any changes modification in the tender enquiry
will be intimated through above Websites only. Bidders are therefore, requested to visit our
Websites regularly to keep themselves updated.
The bidder should have a valid Digital Signature certificate issued by any of the valid certifying
Authorities to participate in the online tender.
The bids shall be uploaded in electronic form only through e-tendering system on website
www.eprocure.gov.in
Note: e-Procurement system does not allow submission of documents after due date of
tender. Incomplete form or non-submission of documents to verify details may results
into rejection of your offer and no Communication shall be done for submission of
documents.
Price Bid:- Price Schedule i.e.BOQ given with tender is to be uploaded after filling all
relevant information like basic prices, taxes & duties. The priced BOQ should be uploaded
strictly as per the format available with the tender failing which the offer is liable for rejection
(renaming or changing format of BOQ sheet will not be accepted by the system)
3
Annexure-I
(Tenders are required to print on their companys letter head and signed, stamp
before uploading)
To
Dear Sir,
This has reference to the Terms & Conditions for e-Tendering mentioned in the
Tender ref. REIL/BID/RTS(C)/2017-18/003 .
With regards
Name-
Designation
E-mail Id:
4
Annexure-II
5
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar Power
Plants Program for ONGC Buildings in the State of Gujarat, Uttarakhand, Assam
and Tripura Under CAPEX Model.
Tel: +91-141-2471835,+91-141-2470879 ,
Fax- +91-141-2470139
&
Website - http://www.reiljp.com
INVITATION OF BIDS
E-TENDER DOCUMENT
FOR
IMPLEMENTATIONOF 15 MW GRID CONNECTED ROOFTOP AND
SMALLSOLAR POWER PLANTS PROGRAM FOR ONGCBUILDINGS
INTHE STATE OF GUJARAT, UTTARAKHAND, ASSAM AND
TRIPURA UNDER CAPEX MODEL
Dated: 09/10/2017
TABLE OF CONTENTS
DISCLAIMER
1. Though adequate care has been taken while preparing the NIT document, the Bidders shall
satisfy themselves that the document is complete in all respect. Intimation regarding any
discrepancy shall be given to this office immediately. If no intimation is received from any Bidder
within Fifteen (15) days from the date of notification of NIT / issuance of e-Tender documents or
before pre bid meeting which is earlier, it shall be considered that the document is complete in
all respect and has been received / acknowledged by the Bidder(s).
2. Rajasthan Electronics & Instruments Ltd (REIL) reserves the right to modify, amend or
supplement this document.
3. While this tender document has been prepared in good faith, neither REIL nor their employees
or advisors make any representation or warranty, express or implied, or accept any
responsibility or liability, whatsoever, in respect of any statements or omissions herein, or the
accuracy, completeness or reliability of information, and shall incur no liability under any law,
statute, rules or regulations as to the accuracy, reliability or completeness of this document,
even if any loss or damage is caused by any act or omission on their part.
PART I
INVITATION
FOR
BIDS (IFB)
(NIT NO. REIL/BID/RTS(C)/2017-18/003)
Fax- +91-141-2470139
&
Website - http://www.reiljp
For
Implementation of 15 MW Grid Connected Roof Top and Small Solar Power Plants
Programme for ONGC Buildings in the State of Gujarat, Uttarakhand, Assam and Tripura
under CAPEX Model (SINGLE STAGE TWO ENVELOPE BIDDING) under e-procurement.
Date of Issuance of NIT : 09.10.2017
1. Government of India has launched Jawaharlal Nehru National Solar Mission (JNNSM) which
now has a target of 100,000 MW of grid solar power by 2022, out of which grid connected
rooftop and Small ground mounted Solar PV systems is considered as very potent area and has
a target of 40,000 MW.To achieve energy security and for having good optics, it is envisaged to
develop solar rooftop projects on large scale by utilizing vacant roofs of buildings and adjoining
lands of the campus etc.
2. MNRE (Ministry of New and Renewable Energy, Government of India) desires to implement grid
connected rooftop solar PV projects on the roofs Govt./PSU buildings/offices as well as small
ground mounted Solar PV systems as a part of its Renewable Energy Initiatives.
3. The procurement activities in respect of the aforesaid Project on behalf of Oil and Natural Gas
Corporation Limited (ONGC) has been entrusted to RAJASTHAN ELECTRONICS &
INSTRUMENTS LTD. (A Mini-Ratna Public Sector Undertaking) incorporated under the
Companies Act, 1956, having its Registered Office at 2, Kanakpura Industrial Area, Sirsi Road
Jaipur 302012 (hereinafter referred to as REIL) and REIL/ONGC intends to use funds to be
provided by Govt. of India for eligible payments under the contract for package as mentioned
above. For the purpose of all procurement activities related to the said works, REIL shall be
referred to as Consultant and ONGC as the Owner/Employer.
4. REIL, therefore, invites sealed bids from eligible bidders to participate in Notice Inviting Tender
(NIT) for Site Survey, Design, Manufacture, Supply, Erection, Testing and Commissioning along
with associated power evacuation & transmission system including Warranty, 5 years Operation
and Maintenance of Roof Top and Small Ground Mounted Solar PV Power System at ONGC
Buildings in different states of India.
5. For the implementation of above mentioned work, Bidders should submit their bid proposal
online complete in all aspect on or before Last date of Bid Submission as mentioned on the Bid
Information Sheet of NIT document.
6. Bidder shall submit bid proposal along with non-refundable bid processing fee and refundable
Bid Security in the form of BG complete in all respect as per the Bid Information Sheet. Techno-
Commercial bids will be opened as per the Bid Information Sheet in online presence of
authorized representatives of bidders who wish to be present. Bid proposals received without
the prescribed bid processing fees and Bid Security will be rejected. In the event of any date
indicated above is a declared Holiday, the next working day shall become operative forthe
respective purpose mentioned herein. The Bid Processing fees and bid security are exempted
for MSE vendors registered under NSIC/Udyog Aadhar Category only.
7. Bid documents which include Eligibility Criteria, Technical Specifications, various Conditions of
Contract, Formats etc. can be downloaded from REIL website www.reiljp.com or from Central
Public Procurement Portal (www.eprocure.gov.in) It is mandatory to download official copy of
NIT Document from REIL website www.reiljp.com or from Central Public Procurement Portal in
order to participate in the Tender. Any amendment(s)/corrigendum/clarification(s) with respect to
this Bid shall be uploaded on Central Public Procurement Portal only. The Bidder should
regularly check for any Amendment(s)/Corrigendum/Clarification(s) on the above portal only.
8. The Bidding document is not transferable.
9. The bidding process under this Rooftop and Small Solar Power Plants Programme is for 15
MWp (approx.) comprising of CAPEX Model.
10. This is a state wise bidding. Bidder should quote separately for each state (Rs. Per KWp -
Project Cost).
11. REIL reserves the Right of Transfer of capacities from one state to another state with matching
of L-1 Price of new proposed state as per requirement of the project.
12. The bidding process under this rooftop and Small Solar Power Plants Programme is for CAPEX
model at ONGC buildings. Bidder can bid as per the eligibility criterion of NIT.
13. Bidder will apply for the total capacity of the particular state (both Roof Top & Surplus
land).Bidder should clearly mention the name of states for which he has applied.
14.1 List of Identified rooftops and Surplus Land indicating approx. potential for proposed installation
capacity has been enclosed herewith this NIT documents as Annexure - II. Successful bidders
are requested to visit the respective sites and check the feasibility of space including
installation capacity in consultation with respective site in charge / owner. Successful bidders
need to submit project sanction documents. EPC agreement between successful bidder and
the rooftop owner(s) as per NIT and project report for the approval of REIL for issuance of
project specific sanction letter(s). After successful acceptance of the project an O&M
agreement will be signed between bidder and the rooftop owner(s).
14.2 The Scope of the Work would essentially cover, but not limited to Site Survey of Identified Roof
Tops and Surplus Land / Identification of New Roof Tops and surplus land, Site Visit, Solar
Potential Assessment, Finalization of plant capacity for Identified Locations, Design,
Engineering, Supply, Storage, Civil work, Erection, Testing, Commissioning, Inter-connections
with the grid for net metering as per state/UT Policies, Obtaining No Objection Certificate (NOC)
from Distribution Company (DISCOM) for grid connectivity obtaining all statutory approvals,
quality control of the grid connected rooftop Solar PV Project including Operation and
Maintenance (O & M) of the project for a period of 5 years after commissioning of project. Any
additional modification work of the roof tops and small ground mounted solar power plant in
order to implement the system/project shall be in the scope of successful bidder.
14.3 In addition to the identified roof top proposals from REIL side, bidder(s) may also come up with
their suitable/feasible potential roof top proposals for ONGC Buildings.
14.4 Based on the Bid capacity proposed in the bid, Bid Security shall be furnished for different
States (indicating the list of States as per NIT where project(s) are to be executed) as listed out
in the NIT separately along with the response to NIT as per Clause of Bid Information Sheet.
Original Bid Security shall be enclosed in a sealed envelope and shall be submitted in the office
of REIL (offline) on due date of opening. As the bid evaluation is STATE wise, each bid shall
have Bid Security according to the Bid information sheet.
14.5 PBG amount shall be furnished for different States of India (indicating the list of States as per
NIT where project(s) are to be executed) by the successful bidder after issuance of LOA/NOA
by ONGC.
Last date & Time for Online Submission 08/11/2017 up to 15.30 HRS
of bids
Last date & Time for 10/11/2017 up to 11.00 HRS
physical submission of offline document
at REIL office, JAIPUR
Online Bid Opening
10/11/2017 at 15.30 HRS
(Techno-Commercial)
To be intimated subsequent to short listing of techno-
Financial Bid Opening
commercial bids
Bid Processing Fee ( Non- Refundable) Rs 80,000/- (Rupees Eighty Thousand) for Gujarat, Rs.
20,000/- (Rupees Twenty Thousand) for Uttarakhand, Rs.
30,000/- (Rupees Thirty Thousand) for Assam, Rs.
10,000/- (Rupees Ten Thousand) for Tripura, (GST extra
as applicable) (to be submitted in the form of DD /
Bankers Cheque, along with the bid in favour of
Rajasthan Electronics & Instruments Ltd., payable
atJaipur.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 7 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Performance bank guarantee for EPC i)The Contractor shall furnish within 15 days from the
Contract and Operation & Maintenance date of issue Letter of Intent ( LOI/LOA ), an
unconditional and irrevocable bank guarantee State wise
for due Performance as per Format attached and which
shall be 12.2 % of total contract value and shall be valid
up to 60 days beyond the successful completion of the
project or acceptance of PR test whichever is later.
ii) The contractor shall furnish within One Month prior to
the Expiry of the Performance BANK Guarantee of EPC
Contract, an unconditional and irrevocable bank
guarantee against O&M for due Performance as per
Format provided under Part - V of this Tender Document
and which shall be 6.1 % of total contract value and shall
be valid for 63 months.
Name, Designation, Address and other General Manager (W)
details (For Submission of Response to Rajasthan Electronics & Instruments Ltd.
RfP) 2, Kanakpura Ind. Area,
Sirsi Road
Jaipur- India-302012
Tel.- 0141 2470879
Email-paliwal@reiljp.com
Important Note: Prospective Bidders are requested to remain updated for any
notices/amendments/clarifications etc. to the tender document through the websites www.reiljp.com
and www.eprocure.gov.in. No separate notifications will be issued for such
notices/amendments/clarifications etc. in the print media or individually. Intimation regarding
notification/amendments/clarifications etc. shall be updated on www.reiljp.com and the details will only
be available from www.eprocure.gov.in .
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 8 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
PART - II
INSTRUCTIONS
TO
BIDDERS (ITB)
(NIT NO. REIL/BID/RTS(C)/2017-18/003)
Tel: +91-141-2471835,+91-141-2470879 ,
Fax- +91-141-2470139
&
Website - http://www.reiljp
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 9 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
1. INTRODUCTION
1.1 MNRE launched a pilot scheme, which is available on the MNRE website, for promotion of large
scale grid-connected roof top and Small Ground Mounted solar PV projects and REIL has been
designated as implementing agency for this scheme. The generated solar power may be utilized for
captive application and the surplus power may be fed to the grid. The scheme aims to reduce the
fossil fuel based electricity and make buildings self-sustainable from the point of electricity, to the
extent possible. This scheme with aggregate capacity of approx.15 MWp at ONGC Premises in the
state of Gujarat , Uttarakhand, Assam and Tripura envisages installation of grid-connected roof top
and small ground mounted solar PV projects on the roofs of entities as specified by MNRE vide
notification No. 03/88/2015-16/GCRT dated 04th May2016 and i.e. broadly in following categories:
Table 1.1
Incentive shall be available for the following categories:
Table 1.2
The Incentive Structure applicable is tabulated below:
3 Below 50% and above 40 %( 10% of quoted cost or 24% of quoted cost or
Including 40%) within the benchmark cost ( INR benchmark cost (INR
sanctioned period. 6,500/- per kW) 15,600/- per kW)
whichever is lower whichever is lower.
Below 40% within the sanctioned
4 period Nil Nil
1.2 A reference sheet indicating amount of applicable incentive based on completion time schedule of
allocated capacity is enclosed as Annexure-III to this NIT.Uttarakhand, Assam and Tripura are
considered as Special Category States. The incentive indicated above are subject to revision by
MNRE from time to time. REIL/ ONGC will not be responsive for any delay and/or nonpayment of
incentive by MNRE.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 10 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
1.3 It may be noted that the applicable incentive amount shall be released directly to successful
bidder(s) after deducting REIL Service Charges. However, the quoted Project Cost inclusive of
incentive shall not exceed the benchmark cost of MNRE.
1.4 As the cumulative capacity of orders to be placed for works will be more than 100 KW for each work
order hence the benchmark cost is considered as Rs. 60,000 / KWp .
1.5 On behalf of MNRE, REIL, which expression shall also include its successors and permitted assigns,
hereby invites interested companies to participate in the bidding process for the selection of
successful bidder(s) for implementation of grid-connected Roof Top and Small Ground Mounted
Solar Photovoltaic Projects under this scheme in the ONGC Buildings in different states as per
Annexure-II.
1.5 The Bidder is advised to read carefully all instructions and conditions appearing in this document
and understand them fully. All information and documents required as per the bid document must be
furnished. Failure to provide the information and / or documents as required may render the bid
technically unacceptable.
1.6 The bidder shall be deemed to have examined the bid document, to have visited the site (which
can be arranged on request), to have obtained his own information in all matters whatsoever
that might affect carrying out the works in line with the scope of work specified elsewhere in the
document at the offered rates and to have satisfied himself to the sufficiency of his bid. The
bidder shall be deemed to know the scope, nature and magnitude of the works and requirement
of materials, equipment, tools and labour involved, wage structures and as to what all works he
has to complete in accordance with the bid documents irrespective of any defects, omissions or
errors that may be found in the bid documents.
2. BID DETAILS
2.1 The bidding process under this rooftop and small solar power plants programme is for 15 MWp
capacity (CAPEX Model) at ONGC Premises in different States of India as per Annexure-II of NIT.
Bidder shall submit bids for minimum one state .An indicative capacity allocated to the Gujarat,
Uttarakhand, Assam and Tripura are mentioned in the Tables given hereunder in Clauses 2.1.1.
Bids are invited from the prospective bidders for the tendered capacity as indicated below in
each state based on the Project Cost (CAPEX Model). Bidder will be required to quote the
Project Cost for at least one state.
The bidder who has quoted lowest Project cost in a state shall be declared as successful bidder.
The bids for each states shall be arranged starting from L1 (bidder who has quoted lowest
project cost in the state-successful Bidder), L2 (bidder who has quoted second lowest price),
L3.and so on for the particular state.
The tentative state wise capacities are as under and it may be extended up to 15 MW as per
actual site requirement:
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 11 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Estimated Project
Capacity (KWp)
SNO. Name of State Cost/ Bid
approx.
Value(Rs.)
General Category States
1 Gujarat 6705.88 40.24 Cr.
Special Category States/ UT
1 Uttarakhand 1325.00 7.95 Cr.
2 Assam 2575.00 15.45 Cr.
3 Tripura 735.00 4.41 Cr.
Total 11340.88 68.05 Cr
2.1.2 Bidder must meet the eligibility criteria as Bidding Company. Consortium is not allowed in this
bidding whereas Joint venture is allowed.
2.1.3 Maximum allowable project cost under CAPEX model is MNRE benchmark cost .Any bidder quoting
more than the maximum allowable project cost shall be restricted to maximum limit of MNRE
benchmark cost. In case the bidder will not able to match the maximum allowable project cost, the
bid shall be considered as non-responsive and the Bid Security shall be returned without forfeiture.
2.2.1 The size of each project shall vary comprising of several roof tops with capacity of roof tops ranging
from 1 Kw to 500 Kw. Each roof top unit can separately connect with the grid and may have
separate meters.
2.2.2 Further, Successful bidders to whom letter of allocation has been issued will be allowed to submit
single proposal for an aggregate capacity of the state for approval and issuance of sanction letter by
REIL. Single sanction letter will be issued for the total aggregate capacity in a state submitted by the
bidder for approval as per above.
2.3.1 The Bidder can submit bid for entire capacity in minimum one state.
2.3.2 The size of each project shall be above 1 KWp. One project may however comprise of several roof
top units. Each roof top unit can be separately connect with grid and may have separate meters.
NOTE: If the bidders submitted information is found to be false declaration or misrepresentation, the
bidder(s) shall be out rightly rejected or debarred or blacklisted from REILs future tenders.
3.1 Bidder must meet the eligibility criteria independently as bidding company.
A) Bidder will be declared as a Qualified Bidder based on meeting the eligibility criteria and as
demonstrated based on documentary evidence submitted by the Bidder in the Bid
B) Further in-case where the bidding company has used the financial eligibility criteria of its parent
company then it needs to be ensured that any change in the controlling equity of the Bidding
company requires prior approval of REIL.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 12 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
3.2 INSTRUCTIONS TO BIDDERS FOR E-TENDERING
3.2.1 GENERAL
The Special Instructions (for e-Tendering) supplement Section 3.2 Instruction to Bidders, as given
in this Notice Inviting Tender (NIT) Document. Submission of Online Bids is mandatory for this
Tender. Bidder must be uploaded all the documents related to tender.
E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured
manner. Now, the Government of India has made e-tendering mandatory. Suppliers / Vendors will
be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering,
REIL has decided to use the portal https://www.eprocure.gov.inthrough CPP portal, This portal is
based on the worlds most secure and user friendly software.
3.2.2 Specifically for Supplier (Bidding) organizations, the following KEY INSTRUCTIONS for BIDDERS must
be assiduously adhered to:
(i) Obtain individual Digital Signing Certificate (DSC or DC) of either Class 2 or class 3 well in
advance of your tender submission deadline on CPPP.
(ii) Register your organization on CPP Portal well in advance of the important deadlines for your first
tender viz Date and Time of Closure of Procurement of Tender Documents and Last Date and
Time of Receipt of Bids. Please note that even after acceptance of your registration by the
Service Provider, to respond to a tender you will also require time to complete activities related to
your organization, such as creation of users, assigning roles to them, etc.
(iii) Get your organization's concerned executives trained on CPP Portal well in advance for tender
submission.
(iv) Submit your bids well in advance of tender submission deadline on CPP Portal (There could be
last minute problems due to internet timeout, breakdown, etc.)
NOTE:
e. Digital Certificate(s)
REIL Helpdesk
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 13 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
(v) The Bidder must upload all the documents with self-attestation by Authorized Person,
related to NIT during Online Bid-Submission.
(vi) Bidders are required to submit all the uploaded documents related to NIT, physically offline
in a Sealed Envelope before due date of offline submission, failing which the technical bids
will not be opened.
(vii) The envelope shall bear {the name of State(s) and Capacity}, the NIT No. , the words DO
NOT OPEN BEFORE (due date & time) and mailing address of bidder with contact number
and mail ID.
A) The Bidder should be a body incorporated in India under the Companies Act, 1956 or 2013 including
any amendment thereto, Government owned Enterprises, engaged in the business of
Power/Infrastructure, Limited Liability Partnership Firms, barring Government Department as well as
those firms from the countries against whom sanction for conducting business is imposed by
Government of India and barring those firms with whom business is banned by the Employer.
B) A copy of certificate of incorporation shall be furnished along with the bid in support of above.
C) Proprietorship Firms and Partnership Firms are not allowed to participate in the bidding process.
Those Limited Liability Partnership Firms (LLPs)and MSMEs who are registered under Companies
Act are allowed to participate in the Bidding Process
The Bid Processing Fees and Bid Security are exempted for MSME Vendors / Developers
registered under NSIC / Udyog Aadhaar Category only.
The bidder should have experience of designed, supplied, erected and commissioned solar
photovoltaic based grid connected power plant(s) of cumulative installed capacity of 5 MW or more
capacity, out of which at least one Plant should have been of 500 KW capacity or above. The
reference Plant of 500 KW or above capacity must have been in successful operation for at least
One Year prior to the date of issue of NIT. A scanned copy of the Commissioning & successful
operation certificate and Work order / Contract / Agreement from the Client / Owner shall be
submitted (online) in support of Clause 3.3.2 above.
NOTES:
Bidder can either be a single entity which includes Incorporated Joint Venture.
(v) Debt equity ratio shall mean Long term borrowings/ Net-worth
vi) For the purpose of ascertaining parameter of Turnover of the bidder, average turnover from
operation of the bidder for the previous two financial years shall be considered. Average
turnover from operation of the bidder for the previous two financial years shall be calculated
by dividing the turnover from operation of previous two years by two, irrespective of the fact
that quoted turnover for one particular year is for a period of less than 12 months or complete
12 months. The bidder will provide a copy each of audited consolidated annual Financial
Statement of bidder with all its subsidiaries for previous two financial years for ascertaining
their turnover. The date (i.e the financial year closing date) of the immediate previous years
audited consolidated annual Financial Statement should not be older than eighteen (18)
months from the bid closing date.
vi)-(a) A bidder(other than consortium)which is not able to meet the financial criteria by itself, can
also submit its bid on the basis of financial capability of a Supporting Company provided
each of the following conditions are fulfilled:-
The bidder is supported by a supporting company which holds more than fifty percent of the
paid up equity share capital of the bidder
The supporting company by itself and not through any other arrangement satisfies the
financial criteria of the BEC.
1. Supporting Company shall furnish additional PBG equivalent to 50% of the amount of PBG
submitted by bidder as per the format provided at Annexure-A-1
2. In such cases, all applicable financial parameters viz. Turnover, Net-worth, Working Capital,
D/E ratio of the supporting company only will be considered for evaluation and the financial
capability of the bidding entity will not be considered for evaluation.
vi)-b. Documents to be submitted by the bidder, along with its technocommercial bid, i n case
it is taking financial support from a supporting company:
1. Audited Consolidated Annual financial statement as detailed above in respect of the
supporting company. Bidder will provide a statement containing the value of each financial
parameter required in the tender based on supporting companys audited consolidated
financial statement as defined in BEC.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 15 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
4. A Resolution passed by the Board of Directors of Supporting company authorizing the
signatories to execute the corporate guarantee, duly certified by the Company Secretary of
the Supporting Company.
5. Undertaking shall be given by supporting company stating that more than 50% share-holding
between Supporting Company and Bidding Company shall be maintained till the execution /
completion of the contract.
6. Undertaking shall be given by Supporting Company to submit additional PBG equivalent to 50%
of the amount of PBG submitted by bidder as per the format provided at Annexure-A-1.
7. Undertaking from the supporting company to the effect that in addition to invoking the PBG
submitted by the contractor, the PBG provided by supporting company shall be invoked by
ONGC due to non-performance of the contractor.
3.3.4.1 In case the Bidder wishes to incorporate a Project Company, in such a case Bidder if selected as a
Successful Bidder can incorporate a Project Company. Bidder shall be responsible to get all
clearance required/ obtained in the name of the Bidding Company transferred in the name of the
Project Company.
3.3.4.2 The aggregate equity share holding of the Successful Bidder in the issued and paid up equity share
capital of the Project Company shall not be less than fifty-one percent (51%) up to a period of Five
(5) years from the date of commissioning of the entire Sanctioned Capacity of the Project
Developer.
3.3.4.3 In case the bidder is a foreign company/entity and is bidding independently or as a partner of JV
the bidder needs to establish a subsidiary at India as per applicable Rules of Government of India in
the event of Issuance of LOA. The said process shall be completed maximum within 60 days from
the date of issuance of LOA.
(i) The Joint Venture Company by itself should meet the experience criteria
or
(ii) The Joint Venture Partner (who can be either a Indian or a foreign company) having a stake
of at least 26% in the Joint Venture Company should meet the technical experience criteria
stipulated in the tender on its own and cannot rely on any other arrangement such as
Consortium or Supporting Company of the JV Partner for meeting the technical experience
criteria. Documentary evidence in support of the above should be submitted along with the
techno-commercial bid.
(iii) In case of (ii) above, an undertaking from the Joint Venture partner, based on whose
experience the JV seek qualification, shall be submitted with the techno commercial bid
stating they shall maintain minimum 26% shareholding in the JV till the execution of the
contract
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 16 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Note:
(i) A Joint Venture (JV), if incorporated as a Company, is required to submit Bid Security in the
name of Joint Venture only..
(ii) JV is also required to submit form of Power of Attorney (as per Appendix-15) and Form
of undertaking by the JV partners (As per Appendix).
(iii) JV is also required to declare scope of work to be executed by each partner of JV.
3.4.1 The information and/or documents shall be submitted by the Bidder as per the formats specified in
this NIT document.
3.4.2 Strict adherence to the formats wherever specified, is required. Wherever, information has been
sought in specified formats, the Bidder shall refrain from referring to brochures
/pamphlets. Non-adherence to formats and / or submission of incomplete information may be a
ground for declaring the Bid as non-responsive. Each format has to be duly signed and stamped by
the authorized signatory of the Bidder then scanned and uploaded in the Techno-Commercial Bid
Part.
3.4.3 The Bidder shall furnish documentary evidence in support of meeting Eligibility Criteria as indicated
in Clause no. 3.3.2 and 3.3.3. to the satisfaction of REIL. Bidder shall also furnish unconsolidated/
consolidated audited annual accounts in support of meeting financial requirement, which shall
consist of unabridged balance sheet, profit and loss account, profit appropriation account, auditors
report, etc., as the case may be of Bidding Company or Financially Evaluated Entity for any of the
last two (2) financial years immediately preceding the Bid Deadline which are used by the bidder for
the purpose of calculation of Annual Turnover or of last Financial Year in case of Net Worth.
3.4.4 In case the annual accounts for the latest financial year are not audited and therefore the bidder
cannot make it available, the applicant shall give certificate to this effect from the Statutory Auditor
and Authorized signatory along with provisional Annual Account signed by directors of the company
and certificate by Chartered Accountant. In such a case, the Applicant shall provide the Audited
Annual Reports for 2 (Two) years preceding the year; or from the date of incorporation if less than 2
years; for which the Audited Annual Report is not being provided.
The Bidding Company should designate one person to represent the Bidding Company in its
dealings with REIL. The person should be authorized to perform all tasks including, but not limited to
providing information, responding to enquires, signing of Bid etc. The Bidding Company should
submit, along with Bid, a Power of Attorney in original (as per Appendix-15), authorizing the
signatory of the Bid.
3.6.1 REIL will not enter into any correspondence with the Bidders, except to furnish clarifications on NIT
Documents, if necessary. The Bidders may seek clarifications or suggest amendments to NIT online,
also soft copy by e-mail to reach REIL at the address, date and time mentioned in Bid information
sheet.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 17 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
3.6.2 The Bidder(s) or their authorized representative(s) is /are invited to attend pre-bid meeting(s), which
will take place on date(s) as specified in Bid information sheet, or any such other date as notified by
REIL.
3.6.3 The purpose of the pre-bid meeting will be to clarify any issues regarding the NIT including in
particular, issues raised in writing and submitted by the Bidders.
3.6.4 REIL is not under any obligation to entertain/ respond to suggestions made or to incorporate
modifications sought for.
3.7.1 At any time prior to the deadline for submission of Bids, REIL may, for any reason, whether at its
own initiative or in response to a clarification requested by a prospective Bidder, modify the NIT
document by issuing clarification(s) and/or amendment(s).
3.7.2 The clarification(s) / amendment(s) (if any) shall be notified on REIL website www.reiljp.com / Portal
of CPP (https://www.eprocure.gov.in) at least Two (2) days before the proposed date of submission
of the Bid. If any amendment is required to be notified within Two (2) days of the proposed date of
submission of the Bid, the Bid Deadline may be extended for a suitable period of time.
3.7.3 REIL will not bear any responsibility or liability arising out of non-receipt of the information regarding
Amendments in time or otherwise. Bidders must check the website for any such amendment before
submitting their Bid.
3.7.4 In case any amendment is notified after submission of the Bid (prior to the opening of Techno-
Commercial Bid due date /time shall be extended and it will be for the Bidders to submit fresh
Bids/supplementary bids as the date notified by the REIL for the purpose.
3.7.5 All the notices related to this Bid which are required to be publicized shall be uploaded on
www.reiljp.com / Portal of CPP (https://www.eprocure.gov.in)
The Bid in response to this NIT shall be submitted by the Bidders in the manner provided in Clause
3.4 of ITB, PART- II. The Bid shall comprise of the following:
(A) ENVELOPE- I (COVERING LETTER, BID PROCESSING FEE AND BID SECURITYetc.)
(TO BE SUBMITTED OFF-LINE AND ONLINE BOTH)
iv. Bid Security in the form of BG, as per the prescribed Appendix-12(a) shall be submitted
separately for different States of India for the tendered capacity of State in a separate
envelope as per Clause 3.13.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 18 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
vi. Original power of attorney issued by the Bidding Company in favour of the authorized person
signing the Bid, in the form attached hereto as Appendix-15 or standard power of attorney in
favour of authorized person signing the Bid. (Power of Attorney must be supplemented by
Board Resolution to above effect for the company incorporated under Company Act 1956 or
Company Act 2013). However, Employer may accept general Power of Attorney executed in
favour of Authorized signatory of the Bidder, if it shall conclusively establish that the
signatory has been authorized by the Board of Directors to execute all documents on behalf
of the Bidding Company.
The Bidder should also upload the scanned copies of all the above mentioned original documents as
Bid-Annexures during Online Bid-Submission.
iv. Bidders composition and ownership structure as per prescribed Format-A as Shareholding
certificate certified by Director/practicing Chartered Accountant / Company Secretary and
Authorized signatory of the company..
v. Document in support of meeting Eligibility Criteria as per Clause no. 3.3.2 and 3.3.3.
vi. Details for meeting Financial Eligibility Criteria as per Clause no. 3.3.3 .
vii. Undertakings from the Financially Evaluated Entity or its Parent Company / Ultimate Parent
Company as per Format-9, if applicable.
viii. Format-8, if applicable, supported by Board Resolution of the Parent Company / Ultimate
Parent Company of the Bidding Company duly certified by the Company Secretary or
Authorized signatory to provide the Performance Bank Guarantee (PBG) in the event of
failure of the Bidding Company to do so.
ix. Signed and stamped Copy of NIT Documents (First and Last Pages including Covering
Pages of each Parts) including amendments & clarifications (on each page) by Authorized
signatory.
[Note:-If the Bidder submits the Document offline as specified in Clause 3.8.1 A, but fails to submit online
Bid then the Bid shall be considered non-responsive, However the Bid Security shall be returned subject
to request letter received from the Bidder side but the Processing fee is non-returnable.]
The Bidder shall inter-alia take into account the following while preparing and submitting the Price
Bid duly signed by an authorized signatory.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 19 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
i.) The Bidder shall submit sealed Price Bid for different States of India separately in the Format
only (as applicable). Each envelope shall be superscribed as Price Bid for ___MWp capacity
for _____State . All the Price Bids shall be put in Envelope-III.
The Bidder should submit the Bids on line before 08/11/2017 and submit the hard copy to the
address indicated below by 11:00 hrs (IST) on or before 10/11/2017.
3.10.1 The bid and the Price Schedule included shall remain valid for a period of 90 days from the date of
techno-commercial bid opening, with bidder having no right to withdraw, revoke or cancel his offer or
unilaterally vary the offer submitted or any terms thereof. In case of the bidder revoking or cancelling
his offer or varying any term & conditions in regard thereof or not accepting letter of allocation, REIL
shall forfeit the Bid Security furnished by him. Confirmation regarding the Bid offer validity shall be
clearly mentioned in the covering letter.
3.10.2 In exceptional circumstances when letter of allocation is not issued, REIL may solicit the Bidder's
consent to an extension of the period of validity. The request and the responses thereto shall be
made in writing. The Bid Security shall also be suitably extended. A Bidder may refuse the request
without forfeiting its Bid Security. A Bidder granting the request will neither be required nor permitted
to modify its Bid in any manner.
3.11.1.1 Bids are required to be submitted online on www.eprocure.gov.inmode. All uploaded documents are
to be submitted offline before due date in a single sealed cover envelope as referred under clause
3.8.1 above. It should be duly sealed and signed.
3.11.2 The Bidders have the option of sending their Offline Documents either by Registered Post or Speed
Post or Courier or by Hand Delivery, so as to reach REIL Office by the Bid Deadline. Documents
submitted by telex/telegram/fax/e-mail shall not be considered under any circumstances. REIL shall
not be responsible for any delay in receipt of the Bid. Any Bid received after the Bid Deadline shall
be returned unopened. It should be noted that Offline Document envelope shall not contain any
information/document relating to Price Bid. REIL shall not be responsible for premature opening of
the Price Bids in case of non-compliance of above.
3.11.3 All pages of the offline documents, except for the Bid Security, and any other document executed on
non-judicial stamp paper, forming part of the Bid and corrections in the Bid, if any, must be signed by
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 20 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
the authorized signatory on behalf of the Bidder. It is clarified that the same authorized signatory
shall digitally sign all pages of the Bid. However, any published document submitted with the Bid
shall be signed by the authorized signatory at least on the first and last page of such document
Bidders shall submit the Bid in original, duly signed by the authorized signatory of the Bidder. No
change or supplemental information to a Bid will be accepted after the Bid Deadline, unless the
same is requested for by REIL.
3.11.4 If the outer cover envelope or Envelope I (Covering Envelope) is not enclosed and not super scribed
as per the specified requirement, REIL will assume no responsibility for the Bids misplacement or
premature opening.
3.11.5 The envelope shall be sealed properly & shall indicate the Name & address of the Bidder. The Bid
must be complete in all technical and commercial respect and should contain requisite certificates,
drawings, informative literature etc. as required in the Bid document. Each page of the Bid document
should be signed & stamped. Bids with any type of change or modification in any of the terms/
conditions of this document shall be rejected. If necessary, additional papers may be attached by the
Bidder to furnish/ submit the required information. Any term / condition proposed by the Bidder in his
bid which is not in accordance with the terms and conditions of the NIT document or any financial
conditions, payment terms, rebates etc. mentioned in Price Bid shall be considered as a conditional
Bid and will make the Bid invalid.
3.12.1 The bidder shall bear all the costs associated with the preparation and submission of his offer, and
the company will in no case be responsible or liable for those costs, under any conditions. The
Bidder shall not be entitled to claim any costs, charges and expenses of and incidental to or incurred
by him through or in connection with submission of bid even though REIL may elect to modify /
withdraw the invitation of Bid.
3.13 Bid Security (To be submitted in original form offline. Scan copy shall also be uploaded)
The Bidder shall furnish Interest Free Bid Security in the form of Bank Guarantee (BG) / Demand
Draft drawn in favour of RAJASTHAN ELECTRONICS & INSTRUMENTS LTD., payable at
JAIPUR. The validity of Bid Security shall be for a period of 6 months from the Bid Deadline. Bid
Security shall be submitted separately for each state. The Bid Security of unsuccessful bidders shall
be returned within 30 days from the date of issuance of Letter of Allocation(s) on bidders request.
Bid Security (s) of Successful bidder shall be released after the receipt of PBG in the format
prescribed by REIL and after the receipt of confirmation of their PBGs from their respective banker.
The formula applicable to calculate the Bid Security amount will be:
3.13.1 The Bid Security shall be denominated in Indian Rupees and shall:
i. at the Bidders option, be in the form of either a Demand Draft or a Bank Guarantee from the List
of Banks as indicated in Annexure - B
ii. be confirmed for payment by the branch of the bank giving the Bank Guarantee at JAIPUR.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 21 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
iii. be submitted in its original form; copies will not be accepted and remain valid for a minimum
period of 6 months from the date of original Techno Commercial bid opening, or beyond any
period of extension subsequently requested under Clause 3.10.2. In case of extension in bid
opening date, bidder has to either submit the amended BG valid for 06 months from actual date
of bid opening or amended BG if requested by REIL after actual bid opening for requisite period.
3.13.2 The Successful Bidder shall sign and stamp the Letter of Allocation (LOA) and return the signed &
stamped duplicate copy of the same to REIL within 30 days from the date of its issuance.
3.13.3 The Bid Security shall be forfeited without prejudice to the Bidder being liable for any further
consequential loss or damage incurred to REIL under following circumstances:
a. Hundred Percent (100%) of Bid Security amount of the proposed capacity, if a Bidder
withdraws/revokes or cancels or unilaterally varies his bid of any State in any manner during the
period of Bid Validity specified in the NIT document and in accordance with the Clause 3.10.2 of
PART II of ITB.
b. Hundred Percent (100%) of Bid Security amount of the proposed capacity, if the Successful
Bidder fails to unconditionally accept the Letter of Allocation of any State within 15 days from the
date of its issuance.
c. Hundred Percent (100%) of Bid Security amount of the proposed capacity, if the Successful
Bidder fails to furnish the Performance Security for any State after 15 days .
d. Hundred Percent (100%) of Bid Security amount of the proposed capacity , if the Successful
Bidder has been disqualified from the tender process prior to the award of contract according to
the provisions under Section 3 of Integrity Pact. ONGC shall be entitled to demand and recover
from bidder Liquidated damages amount plus GST thereon, by forfeiting the EMD/ Bid security
(Bid Bond) as per section 4 of Integrity Pact.
e. Hundred Percent (100%) of Bid Security amount of the proposed capacity , in case at any stage
of tendering process, it is established that Successful bidder has submitted forged documents/
certificates / information towards fulfillment of any of the tender/contract conditions.
i) Within 15 days from the date of issuance of Allocation letter, Successful Bidder shall furnish
the Performance Security valid up to 60 days beyond the successful completion of the
projector acceptance of PR test whichever is later for the allocated capacity only. The
amount of PBG for EPC Contract shall be 12.2% of Total Contract Value.
ii) Within One Month prior to the Expiry of the Performance BANK Guarantee of EPC
Contract, Successful Bidder shall furnish an unconditional and irrevocable bank
guarantee against O&M for due Performance and which shall be 6.1 % of total contract
value and shall be valid for 63 months.
iii) PBG shall be submitted for each project.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 22 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
3.14.2 The Performance Security shall be denominated in Indian Rupees and shall be in one of the
following forms:
a. A Demand Draft or a Bank Guarantee from the bank as indicated in Performance Guarantee
clause of GCC.
b. Be confirmed for payment by the branch of the Bank giving the Bank Guarantee at the
designated place.
3.14.3 The PBG shall be forfeited as follows without prejudice to the Bidder being liable for any further
consequential loss or damage incurred to ONGC.
a. If the Successful Bidder is not able to identify the projects and submit Project Sanction
Documents to the satisfaction of REIL, PBG amount, pro-rata to the capacity for which the
Successful Bidder is not able to identify the Projects and submit Project Sanction Documents.
b. If the Successful Bidder is not able to commission the projects to the satisfaction of ONGC/REIL,
PBG amount, pro-rata to the capacity not commissioned by the Successful Bidder. However,
Hundred Percent (100%) PBG amount furnished for the Sanctioned Capacity, if the Successful
Bidder fails to Commission the Projects(s) to the satisfaction of ONGC/REIL, for the already
identified locations, which are notified by REIL in the NIT or otherwise and for which Allocation
Letter/Sanction Letter has been issued.
e. Contractor shall be responsible for any water leakage or seepage on the roof during the
installation of rooftop solar (RTS) plants and also during the O&M period of 5 years. In case
of leakage during the above mentioned period, necessary repair by specialized agency
approved by ONGC must be carried out by the Contractor immediately without any cost
implications to ONGC, failing which 100 % PBG amount will be forfeited for that site.
f. In case the successful bidder is not able to furnish the PBG for O&M for 63 month of validity,
within 30 days expiry of PBG for Performance Security after completion of the project, then PBG
of performance Security shall be forfeited by ONGC.
The bidders are required to submit the offline documents in a Sealed Envelope as per clause 3.8.1.A
above, failing which the Technical bids will not be opened.
3.15.2 Name of the Bidder, and capacity offered for Different States and States thereof of India shall be
read out to all the Bidders at the time of opening of Envelope-I.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 23 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
3.16.1 This NIT may be withdrawn or cancelled by REIL at any time without assigning any reasons thereof.
REIL further reserves the right, at its complete discretion, to reject any or all of the Bids without
assigning any reasons whatsoever and without incurring any liability on any account.
3.16.1.1 REIL reserves the right to interpret the Bid submitted by the Bidder in accordance with the
provisions of the NIT and make its own judgment regarding the interpretation of the same. In this
regard the REIL shall have no liability towards any Bidder and no Bidder shall have any recourse
to REIL with respect to the selection process. REIL shall evaluate the Bids using the evaluation
process specified in NIT, at its sole discretion. REIL decision in this regard shall be final and
binding on the Bidders.
3.16.2 REIL reserves its right to vary, modify, revise, amend or change any of the terms and conditions of
the Bid before submission. The decision regarding acceptance of bid by REIL will be full and final.
3.17.1 This is a ZERO Deviation Bidding Process. Bidder is to ensure compliance of all provisions of
the Bid Document and submit their Bid accordingly. Tenders with any deviation to the bid
conditions shall be liable for rejection.
3.18.1 The Bidder is required to carefully examine the Technical Specification, terms and Conditions of
Contract, and other details relating to supplies as given in the Bid Document.
3.18.2 The Bidder shall be deemed to have examined the bid document including the agreement/ contract,
to have obtained information on all matters whatsoever that might affect to execute the project
activity and to have satisfied himself as to the adequacy of his bid. The bidder shall be deemed to
have known the scope, nature and magnitude of the supplies and the requirements of material and
labour involved etc. and as to all supplies he has to complete in accordance with the Bid document.
3.18.3 Bidder is advised to submit the bid on the basis of conditions stipulated in the Bid Document.
Bidders standard terms and conditions if any will not be considered. The cancellation / alteration /
amendment / modification in Bid documents shall not be accepted by REIL.
3.18.4 Bid not submitted as per the instructions to bidders is liable to be rejected. Bid shall confirm in all
respects with requirements and conditions referred in this bid document.
3.19.1 Bidders should be registered under GST law and submit copy of valid registration certificate.
In case of foreign bidders, if GST registration certificate is not available at the time of submission of
bid, the bidder shall submit an undertaking to provide copy of the same alongwith first invoice.
(Foreign bidder supplying goods and services from outside India without visiting India for providing
services is not required to obtain registration under GST law. Such bidder shall provide an
undertaking to this effect. However, foreign bidder shall have to obtain registration under GST law in
case they have to visit India for providing services in India.)
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 24 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
GST legislations means any or all of the following legislations as may be applicable to the Bidder
and ONGC:
3.19.3 In respect of Indian bidders, GST on supply of goods and/or services as applicable on the closing
date of the tender will be to SUPPLIER's/ Contractor's account. However, any variation in the rate of
GST on supply of goods and/or services after the closing date of tender shall be to ONGCs account
however subject to provisions contained in the succeeding paragraphs.
All taxes and duties leviable on inputs, input services including variation, if any, required for supply of
goods would be on suppliers account.
Indian bidders while quoting need to take into account all the GST input credit available to them and
quote accordingly.
In respect of foreign bidders, depending upon the delivery conditions governed by INCOTERMS,
liability to pay Customs Duty shall be discharged.
For providing services in India, foreign bidder (not having GST registration in India) has to obtain
GST registration as non-resident taxable person and GST on such services to be borne by the
foreign bidder. Subject to provisions contained in the succeeding paragraphs, any variation in the
rate of GST on supply of service portion after the closing date of tender shall be to ONGCs account.
In the event of introduction of any new legislation or any change or amendment or enforcement of
any Act or Law, rules or regulations of Government of India or State Government or Public Body
which becomes effective after the date of tender closing, but within the contractual
delivery/completion period, any variation in the value of supply order / contract due to any increase
/ decrease in the rate of taxes/duties on supply of goods and/or services will be to the account of
ONGC. Any claim or reduction on account of any increase / decrease in the rate of taxes/duties on
supply of goods and/or services shall be accompanied with undertaking that the provisions of anti-
profiteering clause under GST Act have been complied with.
a) ONGC will have no liability to reimburse the difference in the GST, if the finally assessed
amount is on the higher side.
b) ONGC will have the right to recover the difference in case the rate of GST finally
assessed is on the lower side.
Any increase in the rate of taxes & duties on supply of goods and / or services to ONGC or
introduction of any new taxes/duties/levy by the Govt. of India or State Government(s) or Public
Body, during extended period of the contract / supply order will be to SUPPLIER's / Contractor's
account where such an extension in delivery of the material / completion of the project is due to the
delay attributable to the SUPPLIER/ Contractor. However, any decrease in the rate of taxes and
duties on supply of goods and/or services to ONGC during extended period of the contract/ supply
order will be to the account of ONGC.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 25 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
3.19.4 CONCESSIONS PERMISSIBLE UNDER STATUTES
Bidder, while quoting against this tender, must take cognizance of all concessions permissible under
the statutes including the benefit under GST legislations, failing which it will have to bear extra cost
where bidder does not avail exemptions/concessional rate of GST. ONGC will not take responsibility
towards this. However, wherever required and applicable, ONGC shall provide the necessary
documents as required under the notification (s) for the bidders to obtain such concessions.
Bidders must also consider benefits of input tax credit under the GST legislations, as amended from
time to time on Input goods/Capital goods / Input Services, while quoting the prices.
3.19.5 Bidder to submit undertaking to provide necessary documents, for enabling ONGC to avail Input tax
credit benefits under GST legislation(Not applicable for bidder under composition levy of the GST
legislation).
Further, the Bidders shall undertake to provide all the necessary compliances / invoice for enabling
ONGC to avail Input tax credit benefits, in respect of the payments of GST which are payable
against the contract (if awarded). The Supplier should provide tax invoice issued under GST
legislations.
The Bidders should upload the details of the invoices raised on ONGC on the GST Network within
the prescribed time limits and undertake to adhere to all other compliances under the GST
regulations/ legislations.
In case any credit, refund or other benefit is denied or delayed to ONGC due to any non-compliance
of GST legislation by the bidder such as failure to upload the details of the supply on the GSTN
portal, failure to pay GST to the Government or due to non-furnishing or furnishing of incorrect or
incomplete documents/ information by the bidder, the bidder would reimburse the loss to ONGC and/
or ONGC may recover the same, but not limited to, the tax loss, interest and penalty.
In terms of Sl. No. 404 of the Customs Notification No.50/2017-Cus dated 30.06.2017, imports of the
items specified in List 33of the Notification are subject to levy of concessional rate of customs duty
@5% (BCD Nil & IGST @5%)subject to conditions specified therein (Condition No. 48). However,
this is subject to change as per Government guidelines and the provisions ruling at the time of tender
closing will be applicable.
Similarly, the domestic supply of such goods would attract 5% GST (i.e. IGST or CGST &
SGST/UTSGT) on submission of EC in terms of GST Notification No. 03/2017.
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PART III
GENERAL CONDITIONS OF
CONTRACT
(NIT NO. REIL/BID/RTS(C)/2017-18/003)
Tel: +91-141-2471835,+91-141-2470879 ,
Fax- +91-141-2470139
&
Website - http://www.reiljp
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TABLE OF CONTENTS
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5.2 Assignment/Sub-Contracting and Procurement 70
5.2.1 Assignment 70
5.2.2 Conditions of Sub-contracting 70
5.2.3 Conditions for Procurement/Selection of Makes and Vendors. 71
5.2.4 Approval 72
5.3 Miscellaneous 72
5.4 Surveys 75
5.5 Accommodation and Other Facilities for Companys Representative/Engineer 77
5.6 Deleted 77
5.7 Deleted 77
5.8 Workmen 77
5.9 Materials and Workmanship 78
5.9.1 General 78
5.9.2 Samples 78
5.9.3 Cost of Test 78
5.9.4 Additional Tests 79
5.9.5 Access for Inspection/Tests 79
5.9.6 Opportunity for Inspection of Works 80
5.9.7 Removal / replacement of improper Work & material 81
5.10 Certificate of Completion and Acceptance of Work. 81
5.11 Constructional Plant and Equipment, Temporary Works and Materials. 82
5.11.1 Constructional Plant and Equipment brought to site 82
5.11.2 Constructional Plant and Equipment break down 82
5.11.3 Customs/ GST Clearance Assistance 83
5.11.5 Liability of Contractors Constructional Plant and Equipment 84
5.12 Procedures for Measurement of Works 84
5.13 Performance of contract / Discharge Certificate 85
5.14 Performance of contract / Discharge Certificate 85
5.15 Marking, Packing, Loading and Securing 86
5.16 Supply of Spares and Consumables 86
5.17 Supply of Loose Items 87
5.18 Use of Company's facilities 87
5.19 Diversion of Resources 88
5.20 Compliance of Local Laws and Regulations 88
5.21 Certification agencies 93
5.22 Shutdown Requirements 93
6 GUARANTEES AND LIABILITIES 93
6.1 Guarantee & Warranty Conditions 93
6.2 Consequential Damages 96
6.3 Completion, Failure and Termination 96
6.4 Indemnity 98
6.5 Designs, Patents and Royalties 100
7 RISK DISTRIBUTION 101
7.1 Transfer of Ownership 101
7.2 Unforeseen Conditions 101
7.3 Insurance and Liability 101
7.4 War Risks 107
7.5 Force Majeure 108
7.6 Subsequent Legislation -Change in Law & Regulations 109
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8 VARIATION IN CONTRACT ELEMENTS 110
8.1 Alterations/Variations 110
8.1.1 Change Order 110
8.2 Suspension of Work by Company 114
8.3 Termination 115
8.4 Remedies of Company 116
8.4.1 Remedies 116
8.4.2 Remedies under Emergencies 118
9 Correspondence 118
10 Health and Safety Environment 120
11 Planning Package and progress Monitoring 123
12 Continuance of the contract 125
13 Deleted 125
14 Integrity Pact 125
Consideration of representations on post contract issues submitted by the bidders to
Independent External Monitors (IEMs).
15 126
16 Submission of forged documents/certificates/information by the bidders/contractors 126
17 ONGCs Policy on Climate Change & Sustainability 126
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1.0 DEFINITIONS AND INTERPRETATION
1.1 Definitions
The following words and phrases shall have the meanings hereby assigned to them except
1.1.1 "Bidding Documents" means all documents mentioned under the Contract (refer para (b) of
Appendix-14Part-V).
1.1.2 "Certificate of Completion and Acceptance" means certificate issued by Company stating
that Contractor has satisfactorily performed the entire Scope of Work under the Contract and
the Scope of Work added subsequently in accordance with provisions of the contract.
1.1.4 Company" means Oil and Natural Gas Corporation Ltd. incorporated under the Companies
Act, 1956 having its registered office at Pandit Deendayal Upathyaya Urja Bhawan,5 A, Nelson
Mandela Road, VasantKunj, New Delhi - 110 070, India and its various offices located in
Dehradun, Gujarat, Assam & Tripura.
1.1.6 "Constructional Plant and Equipment" means all Plants, equipment, tools, appliances, things,
facilities, machinery, apparatus of whatever nature needed, in or about the work or Temporary
Works (as hereinafter defined) for execution of Works covered under the Contract but does not
include materials or other things intended to form or forming part of the Works.
1.1.7 "Construction Schedule" means that sequence and plan of Construction activity as affecting or
being included in the Work which may be represented in drawings indicating the construction
activity and completion as planned and which will not be altered except with written consent of
the Company which consent shall not be unreasonably withheld. The Project Key Dates as
given in Appendix A-4 of Part-III Volume I with all dates duly filled in by the Contractor and
approved by Company shall be termed as the Construction Schedule.
1.1.8 Deleted
1.1.10 "Contract" means the provisions contained in the documents listed in Para-b of the Agreement
given in Appendix-14 Part-V)
1.1.12 "Contract Price / Total Contract Price" means the total amount specified in the substantive
article in the contract (i.e. Clause 3.1) subject to any additions thereto, or deductions there from
which may be made through applications of the relevant provisions of the Contract.
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1.1.13 Contractor's Representative or overall co-coordinator" means any personnel nominated
by the Contractor and notified in writing to the Company to act on behalf of the Contractor
and/or to perform the duties designated by the Contractor in the manner provided in Clause
5.1.4 hereunder.
1.1.15 "Day" means a Calendar day of twenty four (24) consecutive hours beginning at 0000 hours
(midnight) and ending at 2400 hours (midnight) as referred to local time at the Site.
1.1.16 "Demobilization of any Spread" means removal of all that spread from the Site and clean up
and restoration as stipulated in the Contract, as applying to that part of the site in which that
spread was employed.
1.1.17 Deleted
1.1.18 "Demobilization of the Contractor" means the removal of all things forming part of the
Mobilization of the Contractor including all temporary facilities, return of personnel and
equipment and the clean-up and restoration of the Site as required in this Contract.
1.1.19 "Discharge Certificate" means certificate issued by the Company to the Contractor after
expiration of the guarantee period stating that the Works have been completed and made good
to the satisfaction of Company's Representative, in accordance with the requirements of the
Contract.
1.1.20 "Drawings" means drawings included or referred to in the Bidding Documents and any
modification thereof approved in writing by the Company's Representative and any additional
drawing which may from time to time be ordered, furnished or approved in writing by the
Company's Representative or his authorized Representative or required to be produced by the
Contractor as per the provisions of the Contract.
1.1.21 "Engineer" means the person or agencies appointed from time to time by the Company to act
on its behalf to the extent so authorized and notified in writing to the Contractor to perform the
duties set out in Clause 5.1.3.
1.1.22 "Engineer's Representatives" means any resident engineer or assistant of the Engineer or any
Representative appointed from time to time by the Company or the Engineer, to perform the
duties as set out in Clause 5.1.3 hereof whose authority shall be notified in writing to the
Contractor by the Company.
1.1.23 "Guarantee" means the period and other conditions governing the warranty/guarantee in
respect of the Works as detailed in Section 6.0 hereunder.
1.1.24 "Inspector(s)" means the person or persons of independent agency designated by the
Company in writing to the Contractor to observe test, record and report to the Company quality
surveillance of the Contractor's work.
1.1.25 "Kick-off Meeting" means a meeting convened by the Company to discuss and finalize the
Work execution plan and procedures with the Contractor.
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1.1.26 "Mobilization of any Spread" means performance by the Contractor of all those things necessary for
the spread to be fully ready to execute Work at the Site satisfying all work pre- requisites stipulated in
the Contract.
1.1.27 "Mobilization of the Contractor" means performance by the Contractor of that entire thing
necessary to be fully ready to execute Work at site satisfying all Work pre-requisites stipulated
in the Contract. Mobilization of the Contractor shall include but shall not be limited to providing
of all transport from points of origin to Site, all equipment and materials of construction, all
personnel, satisfaction of government requirements, all logistical support to the construction
operations and setting up at site in a condition of full readiness to execute Work.
1.1.28 Deleted
1.1.29 Pre-Commissioning includes checking and testing of the equipment, machinery etc. as
required by the Contract, and making them ready for use.
1.1.30 "Punch list" means those minor items/jobs relating to works outstanding at the time of
issuance of "Certificate of Completion and Acceptance" which do not affect the normal operation
of the company and which have been mutually agreed by the Company and the Contractor, to
be carried out / further completed (within a fix time period) by the Contractor to the satisfaction
of the Company in accordance with the Contract
1.1.31 "Scheduled Completion Date" means a date when the completion of entire Works is
scheduled to be achieved in accordance with the construction schedule. The Scheduled
Completion Date for entire Works of this project shall be as per Section 6.3.1 hereunder.
1.1.32 "Site" means the lands and waters and other places on, under, in or through which the Works
are to be carried out and any other lands, waters or places approved by the Company for the
purposes of the Contract together with any other places designated in the Contract as forming
part of the Site.
1.1.33 Deleted
1.1.34 "Temporary Works" means all temporary Works of every kind needed in or about the Works.
1.1.35 "Third Party" means any group, agency, person or persons who may be engaged in activity
associated with the Work specified but who shall remain at arms lengthfrom the Work and who
shall not have a direct responsibility or authority under the terms of this Contract, or any
contractual relationship to the Company, the Contractor or the Contractor's Sub-contractor for
the Works.
1.1.37 Works means all things or tasks, which the Contractor is, or may be, required to do to comply
with its Contract obligations. It includes everything required to provide and complete a full
functioning of facilities. The Works is more fully described in the Bidding Documents.
1.1.38 Startup and Commissioning means and includes bringing the equipment covered under the
contract from an inactive condition, when construction is essentially complete, to the state
ready for operation. The startup shall include preliminary inspection and checkout of equipment
and supporting subsystems, initial operation of the complete equipment covered under the
contract to obtain necessary pretrial operation data, perform calibration and corrective action,
shutdown inspection and adjustment prior to the trial operation period.
1.1.39 Deleted
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1.1.40 Deleted
1.1.41 Annualized Contract Price means Total Contract Price divided by Project Completion period
in number of months and then multiplied by twelve months, in case completion period is more
than 12-months and `Annualized Contract price shall mean Total Contract Price in case
completion period is less than 12-months.
1.1.42 Deleted
1.1.43 The short forms for various terms, installations / fields wherever used and their meaning shall be
as under:
1.1.45 Wilful Misconduct Shall mean intentional disregard of good and prudent standards of
performance or proper conduct under the CONTRACT with knowledge that it is likely to result in
any injury to any person or persons or loss or damage of property.
1.1.46 Sub-Contract Shall mean order/ contract placed by the CONTRACTOR for any portion of the
CONTRACT or work sublet with necessary written consent of ONGC on third party. Such sub-
letting shall not relieve the CONTRACTOR from any obligation, duty or responsibility under the
CONTRACT.
1.1.47 Sub-Contractor Shall mean any person or persons or firm or their legal representatives,
successors, assignees to whom part of CONTRACT has been sublet by the CONTRACTOR
after necessary written consent of ONGC.
1.2 Interpretation
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1.2.1 Words imparting the singular meaning only also include the plural and vice versa except where
the context otherwise requires.
1.2.2 The headings and sub-titles in these Conditions of Contract are included solely for convenience
and shall not be deemed to be part thereof and shall not affect the meaning or operation of the
Contract.
1.2.3 Reference to "Section", "Clause" and "Article" and "Provision" shall have the same meaning.
The governing language for the Contract shall be English. All Contract documents and all
correspondence and Communication to be given and all other documentation to be prepared
and supplied under the Contract shall be written in English and the Contract shall be Construed
and interpreted in accordance with English Language.
The Contract constitutes the entire agreement between the Company and the Contractor with
respect to the subject matter of the Contract and supersedes all communication, negotiations
and agreement (whether written or oral) of the parties with respect thereto made prior to the
date of this Agreement.
The Contractor shall act as an independent Contractor performing the Contract. The Contract
does not create any agency, partnership, joint ventures or joint relationship between the parties.
Subject to the compliance with the Contract, the Contractor shall be solely responsible for the
manner in which works are performed. All employees, Representatives or sub-contractors
engaged by the Contractor in performing the Contract shall be under the complete Control of the
Contractor and shall not be deemed to be employees of the Company and nothing contained in
the Contract or in any sub-contract awarded by the Contractor shall be construed to create any
contractual relationship between any such employees or representative or Sub-contractor and
the Company. Contractor shall be responsible for the acts, defaults or negligence of the
Contractor, his agencies, servant or workmen.
Except for claims of breach of the Contract or for claims specifically assumed or authorized
therein, the Contractor and the Company waive recourse each against the other for all other
claims, which may arise with respect to the Works.
The Company and the Contractor hereby represent and warrant that this Contract is a
commercial act and that neither the Company nor the Contractor is entitled to claim immunity
from any legal action or proceeding with respect to itself or any of its properties or assets in
relation to the enforcement of this Contract on the ground of sovereignty or otherwise under any
law. To the extent that the Company or the Contractor, or any of its properties or assets has or
herein after may acquire any right to immunity from set-off, legal proceedings or action,
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attachment whether prior to judgment or otherwise, or execution of judgment on the ground of
sovereignty or otherwise, the Contractor and the Company each for himself and his properties
and other assets hereby irrevocably waives such right to immunity in respect of his obligations
under this Contract.
1.2.10 Severability
All the Drawings and Specifications prepared by the Contractor shall be in Metric System.
1.3 Laws/Arbitration
All questions, disputes or differences arising under, out of or in connection with this Contract
shall be settled in accordance with laws of India (both procedural and substantive) from time to
time in force and to the exclusive jurisdiction of the Courts in Delhi /respective state in India,
subject to the provisions of clause 1.3.2.
1.3.2 ARBITRATION
1. There shall be no arbitration for disputes involving claims up to Rupees 25 lakhs and more than
Rs. 100 crores. Disputes involving claims above Rs. 100 crores shall be adjudicated under the
Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts
Act, 2015.
2. Arbitration can be invoked by giving Invocation Notice only after expiry of the 60 days period as
per Dispute Notice stipulated in the para above.
3. The party wishing to refer a Dispute to Arbitration shall give notice to the other party specifying
all the points of Disputes with details of the amount or claim to be referred to arbitration
("Invocation Notice"). If the claim is in foreign currency, the claimant shall indicate its value in
Indian Rupee also. The closing market rate in an exchange declared by SBI on the date prior to
the date of notice should be adopted for conversion of foreign currency in Indian Rupees.
4. For a dispute involving claims above Rs 25 lacs and uptoRs 5 crores, in case other party is
Claimant, ONGC will forward a list containing names of five jurists to the other party for selecting
one from the list who will be appointed as sole arbitrator by ONGC. In case ONGC itself is the
Claimant, it shall appoint the Sole Arbitrator by invoking the Arbitration clause and inform the
Contractor. Such dispute shall be resolved by fast track procedure specified in Section 29B of
the Arbitration and Conciliation Act, 1996.
5. For a dispute involving claims above Rs.5 Crores and uptoRs. 100 crore, the claimant shall
appoint an Arbitrator and communicate the same to the other Party in the Invocation Notice itself
along with the copy of disclosure made by nominated Arbitrator in the form specified in Sixth
Schedule of the Arbitration & Conciliation Act, 1996. For the purpose of Section 21, the
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Arbitration Proceeding shall commence only upon date of receipt of Invocation Notice complete
in all respects mentioned above.
The other Party shall then appoint the second Arbitrator within 15 days from the date of receipt
of written notice. The two Arbitrators appointed by the Parties shall appoint the third Arbitrator,
within 30 days, who shall be the Presiding Arbitrator.
The parties agree that they shall appoint only those persons as arbitrators who accept the
conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding
arbitrator who does not accept the conditions of this arbitration clause.
6. For the purpose of appointment of Arbitrator(s), claims amount shall be computed excluding
claim for interest, if any.
7. Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest,
i.e. date of cause of action till date of Award by Arbitral Tribunal. Parties agree that claim for any
such interest shall not be considered and shall be void. The Arbitrator or Tribunal shall have no
right to award pre-reference or pendent-lite interest in the matter.
8. The fees payable to each Arbitrator shall be as per rules framed by the High Court in whose
territorial jurisdiction as per contract and seat of arbitration is situated. In case no rules have
been framed, the fees prescribed may be as per Fourth Schedule of the Arbitration and
Conciliation Act, 1996. However, Arbitrator may fix their fees keeping the aforesaid schedule as
guiding factor.
9. If after commencement of the Arbitration proceedings, the parties agree to settle the dispute
mutually or refer the dispute to conciliation, the arbitrators shall put the proceedings in
abeyance until such period as requested by the parties. Where the proceedings are put in
abeyance or terminated on account of mutual settlement of dispute by the parties, the fees
payable to the arbitrators shall be determined as under:
(i) 20%of the fees if the claimant has not submitted statement of claim.
(ii) 40% of the fees if the pleadings are complete.
(i) 60% of the fees if the hearing has commenced.
(ii) 80% of the fees if the hearing is concluded but the award is yet to be passed.
10. Each party shall be responsible to make arrangements for the travel and stay etc of the
arbitrator appointed by it. Claimant shall also be responsible for making arrangements for travel
/ stay arrangements for the Presiding Arbitrator and the expenses incurred shall be shared
equally by the parties.
In case of sole arbitrator, ONGC shall make all necessary arrangements for his travel/ stay
and the expenses incurred shall be shared equally by the parties.
11. The seat of the arbitration shall be the place from where the LOA / NOA has been issued. For
the sake of convenience, Parties may agree to hold the proceedings at any other venue. The
arbitration shall be conducted in the English language. Insofar as practicable, the Parties shall
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continue to implement the terms of the Contract notwithstanding the initiation of Arbitration
proceedings.
12. Parties agree that neither party may amend or supplement its claim during the course of
arbitral proceedings.
13. The parties may, after invocation of dispute, agree for sharing the cost of Arbitration equally on
50:50 basis.
14. Subject to the above, the provisions of the Arbitration and Conciliation Act, 1996 as amended
and applicable from time to time shall apply to the arbitration proceedings under this Contract.
1.3.3 Arbitration clause for settlement of commercial disputes between Public Sector
Enterprises inter se and Public Sector Enterprise(s) and Government Department(s)
through Permanent Machinery of Arbitrators (PMA) in the Department of Public
Enterprises.
In the event of any dispute or difference relating to the interpretation and application of the
provisions of the contracts, such dispute or difference shall be referred by either party for
Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the
Secretary to the Government of India in-charge of the Department of Public Enterprises. The
Arbitration and Conciliation Act, 1996 shall not be applicable to the Arbitration under this clause.
The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however,
any party aggrieved by such award may make a further reference for setting aside or revision of
the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice,
Government of India. Upon such reference the dispute shall be decided by the Law Secretary or
the Special Secretary/ Additional Secretary, when so authorized by the Law Secretary, whose
decision shall bind the Parties finally and conclusively The Parties to the dispute will share
equally the cost of arbitration as intimated by the Arbitrator.
If Parties are unable to resolve the Dispute amicably within 60 days of receipt of the Dispute
Notice, then after expiry of the 60 days Dispute notice period, the aggrieved Party can refer the
Dispute to conciliation and / or arbitration subject to terms and conditions contained herein
below:
1) Parties further agree that following matters shall not be referred to conciliation or arbitration:
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i) Any claim, difference or dispute relating to, connected with or arising out of ONGCs
decision to initiate any proceedings for suspension or banning, or decision to suspend or to
ban business dealings with the Bidder / Contractor and/or with any other person involved or
connected or dealing with bid / contract / bidder / contractor.
ii) Any claim, difference or dispute relating to, connected with or arising out of ONGCs
decision under the provisions of Integrity Pact executed between ONGC and the Bidder /
Contractor.
2) Conciliation:
If any dispute, difference, question or disagreement arises between the parties hereto or
their respective representatives or assignees, in connection with construction, meaning,
operation, effect, interpretation of the contract or breach thereof which parties are unable to
settle mutually, the same may first be referred to conciliation through Outside Expert
Committee (OEC) to be constituted by CMD, ONGC as provided hereunder:
Constitution of OEC
3. CMD, ONGC will have the sole discretion to constitute OEC. OEC will be formed from the
panel of experts maintained by ONGC and will normally comprise of three members, one
member from each category i.e. Technical; Finance/Commercial; and Legal. However, there
will be a single member OEC for disputes involving a claim and counter claim (if any) uptoRs
1 crore, CMD will have authority to reconstitute an OEC to fill any vacancy or if any OEC
member is not available to attend the OEC Meetings.
4. Upon constitution of the OEC, Chief Legal Services, ONGC will issue the appointment
letters to OEC members and the parties concerned.
5. The OEC members shall give a declaration of independence and impartiality (as per
Appendix-C) to both the parties before the commencement of the OEC proceedings.
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them as evidence in any Forum / arbitration / court proceeding, whether or not such
proceedings relate to the dispute that is the subject of the conciliation proceedings,
a. views expressed or suggestions made by the other party in respect of a possible
settlement of the dispute'
b. admissions made by the other party in the course of the OEC proceedings;
c. proposals made by the OEC;
d. the fact that the other party had indicated his willingness to accept a proposal for
settlement made by the OEC.
25. Confidentiality extends also to the settlement agreement, except where its disclosure is
necessary for purposes of implementation and enforcement. This stipulation will not apply to
disclosure made by ONGC to Govt, of India or its authorities, if required.
26. Subject to terms and conditions contained in the above paras, the provisions of the Part III of
Arbitration and Conciliation Act, 1996 shall be applicable to the conciliation proceedings and
the parties and the OEC members shall be bound by the same.
v Travel from Business class air tickets/ first class train Contractor
the city of tickets/ Luxury car/ reimbursement of
residence to actual fare. However, entitlement of air
the city of travel by Business class shall be subject
meeting to austerity measures, if any, ordered by
Govt of India.
vi Transport to Car as per entitlement or Rs. 3,000 Contractor
and fro airport
/ railway
station in the
city of
residence
vii Stay for out 5 Star Hotel ONGC
stationed
members
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and Tripura Under CAPEX Model
viii Transport in Car as per entitlement or Rs. 2000 per day Contractor
the city of
meeting
1.4 Deleted
.
1.5 Notices
Any notice to be given under the Contract shall be given by sending the same by personal
delivery, post, courier, telegram,telefaxor e-mail to the address of the relevant party set forth
below:-
To the Company
Attn:
Project Co-ordinator:
--------------------------
---------------------------
Copy to:
Attn:
GM-Head TA
----------------------------
----------------------------
To the Contractor
Attn:
___________________
___________________
Any notice sent by, telefax or e-mail shall be confirmedwith in 2 days after dispatch of notice
sent by post.
Any notice delivered personally or sent by telefax or e-mail shall be deemed to have been
delivered on the date of its dispatch.
Either party may, by notice to the other party in writing, change its postal, or telefax / e-mail
address for receipt of such notice.
In this connection, notices shall include any instructions, orders and certificates to be given
under the Contract.
It is expressly understood and agreed by and between the Contractor and Company that
Company is entering into this Agreement solely on its own behalf and not on behalf of any other
person or entity. In particular, it is expressly understood and agreed that the Government of
India is not a party to this Agreement and has no liabilities, obligations or rights hereunder. It is
expressly understood and agreed that Company is an independent legal entity with power and
authority to enter into Contract solely in its own behalf under the applicable laws of India and
general principles of Contract Law. The Contractor expressly agrees, acknowledges and
understands that Company is not an agent, representative or delegate of Government of India.
It is further understood and agreed that the Government of India is not and shall not be liable for
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and Tripura Under CAPEX Model
any note, omissions, commissions, breaches or other wrongs arising out of the Contract.
Accordingly, Contractor hereby expressly waives, releases and foregoes any and all action or
claims, including cross claims, impleader claims or counterclaims against the Government of
India arising out of this Contract and covenants not to sue the Government of India as to any
manner, claims, cause of actions or things whatsoever arising of or under this agreement.
a) Carry out all engineering and design requirements to completely design and engineer
these facilities including all safety studies.
b) Provide purchasing, expediting, inspection, handling and transportation of all materials
and equipment.
c) Roof / Land development for designing of module mounting structure according to the
Roof /Land. & other civil structures if required.
c) Prepare and issue purchase specifications after obtaining approval from the Company
where required, for all equipment as well as obtaining Vendor certified prints, instructions,
parts lists, etc.
d) Prepare and issue all engineering, purchasing and construction schedules for approval of
Company.
e) Supervision & monitoring and progress reporting during design & engineering fabrication,
erection /installation, hook-up, testing, pre-commissioning, startup& commissioning,
performance testing etc.
f) Prepare and issue all drawings required for carrying out this project.
h) Comply with all Central, State and Local Government Regulations applicable to the Work.
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and Tripura Under CAPEX Model
i) Observe all applicable Company's and accepted industry safety practices and, in addition,
all Governmental regulations as appropriate for this Work.
j) Comply with applicable codes and standards as per Contract, of engineering, fabrication,
construction and safety.
k) Provide necessary documents and drawings for the scrutiny of the appointed PMC/Third
Party Inspection Agency.
i) Provide all as-built drawings, documents and manuals
m) Provide to PMC/Third Party Inspection agency appointed by ONGC, all facilities including
equipment and instruments to carry out inspection and testing activities needed for
Certificate of approval for all the facilities under the scope of work. The certificate for
approvals wherever required shall have to be obtained and submitted by the contractor.
n) Provide all statutory approvals, insurance, guarantee
o) Carry out all analysis, investigations, designs, and engineering.
p) Carry out all testing, pre-commissioning and commissioning for all equipment, systems
and facilities that are part of the Works.
q) Interconnection with the grid and arranging net metering as per state/UT policiesfor the
installed Roof Top and ground mounted Solar system.
q) Demonstration of performance of the Plant as per the requirement specified in the bidding
documents.
r) Comprehensive operation & maintenance of the SPV plant for 5 (Five) years after
successful commissioning of the project.
s) Obtaining all associated statutory and regulatory compliances and approvals for
successful construction, commissioning and operation of Plant.
The effective date of this Contract coming into force and the commencement of Works shall be
the date on which the Company issues the Notification of Award for the Works under this tender
in acceptance of Contractor's final tender as mutually agreed prior to issuance of Notification of
Award.
The completion date for works covered under the contract shall be as per clause 6.3.1.
The Company's Representative upon receipt of request from the Contractor intimating
commencement of Erection/construction work at site shall give to the Contractor access to as
much of the Site as may be necessary to enable the Contractor to commence and proceed with
the construction/erection of the Works in accordance with the program of Work in terms of
Clause 2.3.4. Any reasonable proposal of the Contractor for access to Site to proceed with the
construction/ erection of work in accordance with the program of work in terms of Clause
2.3.4.will be considered for approval and shall not be unreasonably withheld by the Company.
Such requests must be made to the Company's Representative in writing at least 7 days prior to
start of the Work.
2.2.3.1 If the Company fails to give access to Site in accordance with the terms of this Section, resulting
in delay or expenses for the Contractor, the Contractor shall subject to provision of Clause 5.19
be entitled to appropriate extension of time for completion of the Works at that part of Site,
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access to which is not given in terms of this section, provided it directly affects the execution
and completion of the Work under the Contract.
Prior to taking up fabrication/ erection of any major component of Work, the Contractor shall
submit to Company his proposed construction sequence and procedures and obtain Company's
approval in writing. If no response is provided by the Company to the Contractor within 10
working days [excluding intervening Saturday(s) & Sunday(s)] after receipt by the Company,
then the proposed construction sequence and procedure shall be deemed to be approved by
the Company.
2.3.1.1 The Contractor's undertaking of this Contract to carry out the works shall be deemed to be
based on and made in the light of (a) all data of hydrological, sub-surface (data contained in the
Bidding Documents), climatic and physical conditions, (b) deleted and (c) all criteria of design
contained in the Bidding Documents and conceptual design, etc.
2.3.1.2 Subject to Clause 2.3.1.1 and 5.4, the Contractor shall, nevertheless, be deemed to have
knowledge of the site and its surroundings and information available in connection therewith and
to have satisfied himself the form and nature thereof including, the sub-surface (data contained
in the Bidding Documents), the hydrological and climatic conditions, the quantities and nature of
the Work and materials necessary for the completion of the Works, the means of access, and in
general to have obtained himself all necessary information of all risks, contingencies and
circumstances affecting his obligations and responsibilities therewith under the Contract and his
ability to perform it. However, if during pre-engineering survey, Contractor detects physical
conditions and/or obstructions affecting the Work, the Contractor shall take all measures to
overcome above.
2.3.1.3 Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the
Contract Price for the Works. The consideration provided in the Contract for the Contractor
undertaking the Works shall cover all the Contractor's obligations and all matters and things
necessary for proper execution and maintenance of the Works in accordance with the Contract
and for Complying with any instructions which the Company's Representative may issue in
accordance with in connection therewith and of any proper and reasonable measures which the
Contractor takes in the absence of specific instructions from the Company's Representative.
a) The Contractor shall bear all cost and delays due to adverse weather conditions/ weather down
time experienced during the execution period of the works.
b) Deleted
c) Deleted
d) Deleted
2.3.3.1 The Contractor is bound to carry out, complete and maintain the works only according to the
Contract provisions &Specifications. In his execution of the Works, the Contractor shall comply with
the Project Instructions. Company stipulated method of administering the Contract have been specified in
the Project Instructions. The Project Instructions shall in no way, alter, the Company's
Representatives' and Engineer/ Engineer's Representatives' right under clause 5.1 and neither
Contractor's obligations under section 2.3 nor Contractor's right under the Contract.
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2.3.3.2 The Contractor shall accept instructions and directions only from the Company's Representative
or the Engineer or from an Engineer's Representative.
2.3.3.3 The Company's Representative may give the Contractor directions and instructions about the
execution of the Works and may take decisions and issue directions about the acceptability of
materials and quality of workmanship to be used in the works and the Contractor shall adhere to
and comply with those directions, instructions and decisions of the Company's Representative in
accordance with the Contract.
2.3.3.4 If the Contractor disputes any directions, Instructions or decisions of the Company's
Representative that direction, instruction or decision shall (without prejudice to the Contractor's
duty to adhere to and comply with it in carrying out the Works) have only provisional effect with
regard to the final rights and duties of the parties and Contractor shall continue to carry out the
Work, and shall have to represent against such directions, instructions or decisions of the
Company's Representative to the Company with intimation to Company's Representative in
writing. Any delay in implementing the said direction, instruction or decision shall be to
Contractor's account. The Company and the Contractor shall meet as soon as practicable to
reach an amicable settlement prior to invoking the provisions of settlement. If the said direction,
instruction or decision is found to be not in accordance with the Contract, the time and cost
effect shall be to Company's account. Only in the event of failure to reach an amicable
settlement the Clause 1.3.2 shall apply to the said dispute.
2.3.4.1 Within twenty one days after the award of the work under this Contract or prior to kick-off
meeting whichever is earlier, the Contractor shall submit to the Company for its approval a
detailed programme subject to Clause 2.3.4.2 showing the sequence, procedure and method in
which he proposes to carry out the Works as stipulated in the Contract and shall, whenever
reasonably required by the Company's Representative or the Engineer's Representative furnish
in writing the arrangements and methods proposed to be made for carrying out the Works. The
programme so submitted by the Contractor shall conform to the duties and periods specified in
the Contract. The Company and the Contractor shall discuss and agree upon the Work
procedures to be followed for effective execution of the Works. The Constructional Plant and
Equipment and Temporary Works which the Contractor intends to deploy shall be clearly
specified. Approval by the Company's Representative of a programme shall not relieve the
Contractor of any of his duties or responsibilities under the Contract.
2.3.5.1 The Contractor shall supply to the Company within 21 days of the effective date of
commencement of works or prior to kick-off meeting whichever is earlier, an organization chart
showing the proposed organization to be established by the Contractor for execution of the work
including the identities and curriculum Vitae of the key personnel to be deployed. The
Contractor shall promptly inform the Company in writing, of any revision or alteration of such
organization charts.
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and Tripura Under CAPEX Model
The Contractor shall provide necessary supervision during the execution of the Works and
thereafter as the Company may consider necessary for the fulfillment of the Contractor's
obligations under the Contract. The Contractor or his competent and authorized
representative(s) shall be constantly present at the Work Site whole time for supervision. The
Contractor shall authorize the Supervisor or his representative to receive directions and
instructions from the Company's Representative or the Engineer's Representative.
The Contractor shall be responsible for the deployment, transportation, accommodation and
catering of all labour local or expatriates required for the execution of the Works and for all
costs/charges in connection thereof.
The Contractor shall be responsible for obtaining all necessary permits or visas from the
concerned authorities for the entry of all labour and personnel to be deployed, into the country
where the site is located.
The Contractor shall at his own expense be responsible for the repatriation to the country from
which they were mobilized for all his and his sub-contractor's personnel deployed upon the
Works at Site and shall be responsible for the suitable maintenance of all such personnel from
the cessation of their deployment on the Works to their departure from the country where the
Site is located.
2.3.5.2 The Contractor shall provide and deploy on the site for carrying out the Works only those
technicians/assistants who are skilled and experienced in their respective trades and those
foremen and leading respective trades and those foremen and leading hands who are
competent to give proper supervision to the Work they are required to supervise.
Further, only those skilled, semi-skilled and unskilled workmen who are necessary for the
proper and timely execution of the Works shall be deployed at Site.
2.3.5.3 The Company's Representative may at any time object to and require the Contractor to remove
forthwith from the Site a supervisor or any other authorized representative or employee of the
Contractor's sub-contractor(s) or any person(s) deployed by Contractor or his Sub-contractor(s),
if, in the opinion of the Company's Representative the person in question has mis-conducted
himself or his deployment is otherwise considered undesirable by the Company's
Representative, the Contractor shall forthwith remove and shall not again deploy the person in
question of the Work Site without the written consent of the Company's Representative.
2.3.5.4 The Company's Representative may at any time request the Contractor to remove from the
Work/Site Contractor's supervisor or any other authorized representative including any
employee of the Contractor or his Sub-contractor(s) or any person(s) deployed by Contractor or
his Sub-contractor(s) for professional incompetence or negligence or for being deployed for
work for which he is not suited. The Contractor shall consider the Company's Representative's
request and may accede to or dis-regard it. The Company's Representative, having made a
request as aforesaid in the case of any person, which the Contractor has disregarded, may in
the case of the same person at any time but on a different occasion, and for a different instance
of one of the reasons referred to above in this Clause object to and require the Contractor to
remove that person from deployment on the Works which the Contractor shall then forthwith do
and shall not again deploy any person so objected to on the Works or on the sort of work in
question (as the case may be) without the written consent of the Company's Representative.
2.3.5.5 The Company's Representative shall state to the Contractor in writing his reasons for any
request or requirement pursuant to this clause.
2.3.5.6 The Contractor shall promptly replace every person removed, pursuant to this section, with a
competent substitute.
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and Tripura Under CAPEX Model
2.3.5.7 Contractor shall not employ Companys serving employees without prior permission of company
within the initial two years period after their retirement/resignation/severance from Companys
service, without specific permission of Company.
The Contractor shall be responsible for the true and proper setting out of the Works in relation to
points, levels of reference coordinates, orientation, alignment, marks, etc. given in the Bidding
Documents or given by the Company's Representative in writing and for correctness of the
positions, levels, depths, dimensions, orientation and alignment of all parts of the works, and for
the provision of all necessary instruments appliance and labour in connection therewith. If at
any time during the progress of the Works, any error appears or arises in the position,
orientation, alignment, levels, or dimensions of any part of the Works, the Contractor shall rectify
the error at his own cost to the satisfaction of Company's Representative/ Engineer's
Representative. The checking of any setting out of any line, level, coordinate, orientation or
alignment or position of a marker by the Company's Representative or the Engineer's
Representative shall not in any way relieve the Contractor of his responsibility for the
correctness thereof. Contractor shall carefully protect and preserve all bench marks, sight rails,
pegs and other things used in setting out the Works. In case any data/instruction supplied by
Company or its Representative after pre-engineering survey leads to changes/ additions in
scope of work, the same shall be dealt with as per the provisions of Clause 8.0 hereof.
From the time of commencement of the Works to the issue of a Certificate of Completion and
Acceptance of the Works pursuant to Clause 5.10 Contractor shall be fully responsible for the
care of Works and of all Temporary Works. In case any damage or loss happens to the Works
or to any part of them or to any Temporary Works from any cause whatsoever other than those
war risks in respect of which insurance is not available even with the payment of additional
premium including damage caused by the Contractor himself during the execution of the
Contract, the Contractor shall repair and make good the same at his own cost. The certificate of
Completion and Acceptance will be issued by the Company only if the Works are in good order
and conditions and conform in every respect with the requirements of the Contract and the
Company's Representative's instructions in accordance with the Contract. Notwithstanding the
foregoing, in case the Company accepts any part of the Works by issuing a part Certificate of
Completion and Acceptance in accordance with the provisions of Clause 5.10.3 the Company
shall be responsible for the care of such part of the Works and for any damage and loss which
may occur during the period such part of the Works are in the custody of the Company.
3.0 PAYMENT
The Lump sum Project cost quoted by the Contractor or Joint Venture (as per MOU between the
parties) is inclusive of incentives. The work order will be placed for amount inclusive of
incentive.
ONGC shall pay to the Contractor a maximum amount of 75% of quoted project cost for the
General Category States and 40% of the quoted project cost for the Special Category States as
per MNRE guidelines. The payment related to ONGC part will be released as per milestone
payment formulae in the tender document.
The balance amount 25% of quoted project cost for the General Category States and 60% of
the quoted project cost for the Special Category States shall be disbursed in the form of
incentive by M/s REIL on behalf of MNRE as per MNRE guidelines. It will be responsibility of the
contractor to submit necessary documentation to M/s REIL for release of incentive amount.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
The Company shall pay to the Contractor or Joint Venture (as per MOU between the parties)
and as per the price break up given in the price bid, in consideration of satisfactory completion
of all the works covered by the scope of work under the contract price of
Rs.________________________as per the details and break-up of prices given in schedule of
prices. The Contract price is a firm price and the Contractor shall be bound to keep the same
firm and without escalation on any ground whatsoever until completion of entire works against
this Contract. Unless otherwise specified in the Contract, cost of execution of Works on turnkey
basis and tests etc. as specified in Contract and all expenses, duties, taxes, fees, charges in
relation to or in connection therewith including insurance risk of weather, Constructional Plant
and Equipment breakdown and Site conditions etc. as per provisions of the Contract, shall be
deemed to be included in the Contract Price. Payment shall be made in the currency or
currencies given in the schedule of prices for the work executed as per the procedure set forth
in Clause 3.2. Adjustment to Contract Price, if any, shall be made in accordance with provisions
of Contract.
3.2.1 Pending completion of the whole Works, provisional progressive payments for the part of the
Works executed by the Contractor shall be made by Company on the basis of said work
completed and certified by the Company's Representative as per the milestone payment
formula provided in the bidding document at appendix-13. Such certification of the Work
completed shall be made by the Company's Representative within 15 days of receipt of
Contractor's Application for Certification with all required supporting documents. No payments
shall become due and payable to the Contractor until Contract is signed by the two parties and
Contractor furnishes to the Company Performance Guarantee (as per Clause 3.3) and
Certificate of insurance for Policy/Policies specific for the project and other policies (as per
requirement of Cl.7.3) and a copy of permission from Reserve Bank of India for opening Project
office in India (in the case of foreign contractors).
3.2.2 The Contractor shall submit its invoice(s) once in each month along with four copies, for the
work completed and certified by Company's Representative as per agreed milestone formula,
with all required supporting documents and details of the said work to the Company's
Representative for certification of the said invoice, at respective Companys Office work centers
for approval of the amount payable and any payment thereafter. Contractor shall submit
separately in accordance with the Clause 3.2.5 hereof a monthly invoice for Extra Work
approved by the Company.
Following documents / details should be invariably furnished along with the first invoiceissued
under GST law indicating the GST Registration of service provider:
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2) Periodical / Monthly payment:
a) Invoice (i.e. Tax invoice as per relevant GST rules, in original and duplicate, clearly
indicating GST Registration Number, Service Classification, GST Rate and amount of
GST shown separately).
b) Insurance policies and proof of payment of premium (As applicable).
c) Details of statutory payments like EPF and ESI (as per clause 3.2.11 below), etc., (As
applicable).
d) Undertaking by the contractor regarding compliance of all statutes.
e) Certificate by the contractor stating that labour have been paid not less than minimum
wages. (As applicable)
f) Any other document specifically mentioned in the Contract, or supporting documents in
respect of other claims (if any), permissible under the Contract.
g) Proof of delivery in case of direct/ door delivery (i.e. GLN/LR/ delivery challan) along with
CISF Plant inward stamp at the back of invoice / challan / receipt
3.2.3 The Company shall arrange approval of the invoice (undisputed amount) and payments within
21 (twenty one) calendar days of receipt thereof by the Company. In the event of the Company
objecting to any portion of Work covered by the said invoice, such objection shall be
communicated to the Contractor within 10 (ten) working days from the date of receipt of invoice
by the Company at ONGC office respective work centers The Contractor shall have the right to
claim the payment of such amounts objected by the Company at ONGC office respective work
centers in subsequent invoice after removal of cause of such objection.
3.2.4 The Company shall remit to the Contractor the undisputed amount of each invoice within 21
(twenty one) calendar days of the receipt of the invoice complete in all respect by the Company
for the milestone completed (if so approved / certified by the Company) pertaining to scope of
Work as stipulated at the time of award of Contract after making statutory and other applicable
deductions like TDS, WCT etc. However, any unforeseen delay in payments shall not entitle the
contractor to claim the interest or any other charges on unpaid amount. Payment for amount
objected to by Company as referred to in Clause 3.2.3 shall be made in accordance with
provision under this Clause when the objection due to which the amount withheld by the
Company has been removed/settled and the Contractor submits fresh invoice for the same.
3.2.5 Invoice for Extra Work: No invoice for extra work / change order on account of change order will
be submitted by the Contractor unless the said extra work / change order has been authorized/
approved by the Company in writing in accordance with Clause 8.1.
Payment against all these Change Orders / extra Work shall be made as per above payment
terms after receipt of invoice by Company at ONGC officer at respective work centers after the
mutually agreed settlement or the completion of Change Order whichever is later.
Contractor shall submit the relevant provisions/ Notifications/ circulars related to change in law,
well in advance for examination of Company. After due vetting of the documents for change in
duties/ Taxes under change in law by Company, Invoice on account of change in duties/ taxes
under change in law shall be submitted by the Contractor on a quarterly basis along with the
necessary supporting documents after payment of taxes/duties.
3.2.6 Deleted
3.2.6.1 In all cases, except the cases involving payment through Letter of Credit or payment in foreign
currency, ONGC shall make payments only through Electronic Payment mechanism (viz.
NEFT/RTGS /ECS). Bidders should invariably provide the following particulars along with their
offers:
1. Name & Complete Address of the Supplier / Contractor as per Bank records.
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2. Name & Complete Address of the Bank with Branch details.
3. Type of Bank account (Current / Savings/Cash Credit).
4. Bank Account Number (indicate Core Bank Account Number, if any).
5. IFSC / NEFT Code (11 digit code) / MICR code, as applicable, along with a cancelled
cheque leaf.
6. Permanent Account Number (PAN) under Income Tax Act;
7. GST Registration Number (for supply of Goods &Services) (GSTIN), as applicable.
8. E-mail address of the vendor / authorized official (for receiving the updates on status of
payments).
9. Confirmation as to whether the contractor belong to the category of Micro, Small and
Medium Enterprises as defined in the Micro, Small and Medium Enterprises Development
Act, 2006 (MSMEDA). If yes, specify the category of Micro, Small or Medium Enterprises
and whether the enterprise is in manufacturing or service industry, along with valid
documentary evidence.
10. Details / statement showing cost of services, GST etc. as per clause 3.4.2.1 a below (along
with details of disclosure as per clause 7.6.7)
For receiving payment through NEFT / RTGS, the bank/branch in which the bidder is having
account and intends to have the payment should be either an NEFT enabled bank or SBI
branch with core banking facility.
The Company shall be deemed to have arranged payment to the Contractor on the date of
Companys instructions to Companys bankers to effect payment under NEFT to the
Contractors account.
Upon Companys instruction to Companys bankers, the Company shall also inform in writing
to the Contractor the details of remittance i.e. amount and date of payment.
3.2.7 In the event of Company noticing at any time that any amount has been disbursed wrongly to
the Contractor or any other amount is due from the Contractor to the Company, the Company
may without prejudice to its rights recover such amounts by other means after notifying the
Contractor or deduct such amount from any payment falling due to the Contractor. The details
of such recovery, if any will be intimated to the Contractor. The Contractor shall receive the
payment of undisputed amount under subsequent invoice for any amount that has been
omitted in previous invoice by mistake on the part of the Company or the Contractor.
3.2.8 The Company shall not be responsible / obligated for making any payments or any other
related obligations under this Contract to the Contractor's Sub-contractor /Vendors. The
Contractor shall be fully liable and responsible for meeting all such obligations and all
payments to be made to its Sub-contractors/Vendors and any other third party engaged by the
Contractor in any way connected with the discharge of the Contractor's obligation under the
Contract and in any manner whatsoever.
3.2.9 For Indian contractors local transportation and insurance element payments will be made in
Indian Rupees only.
For company to reduce the time taken to release payment, contractor to submit following
documents along with invoices:
1. Weightagesheet / BillingBreak-upjointlysignedbyContractorandCompanyRepresentative.
3. MilestoneachievementcertificatedulysignedbyContractorandCompanyRepresentative.
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i) Custom Duty- Bill of Entry in original or copy of Bill of Entry duly attested by custom
authority, which is required for availing Input credit.
ii) GST- Original GST Invoices mentioning GSTIN of ONGC (Buyers copy) prepared as per
GST Rule along with relevant supporting documents.
iii) Reimbursement of Taxes- based on supporting documents for payment of taxes.
Wherever applicable, the Contractor (including those engaging International Workers) shall
have itself registered under Employees Provident Fund and Miscellaneous Provisions Act,
1952 and Employees State Insurance Act, 1948 and follow the relevant statutory provisions
including Rules made there-under concerning contractual workers. The contractor shall be
required to submit the following documents/details to the Corporation:
(i) Copy of PF-ECR duly stamped by the designated Bank, along with a print of the digitally
signed PDF data sheet of the ECR, as proof of payment, each month. Details of this PDF
data sheet shall be verified by the appropriate authority (i.e. Payment Making Authority) in
the Corporation from the official website of EPFO (http://www.epfindia.gov.in).
(ii) (A) Copy of the online Challan endorsed / stamped by the designated bank as proof of
receipt of payment towards monthly contribution of ESI contribution.
(B) Copy of Return of contribution in respect of ESI for each contribution period of the six
months i.e. for the contribution period ended 30th Sept and the contribution period ended
31st March.
(iii) As an Annexure to each EPF-ECR and ESI Challan(s), contractor shall also furnish the
following Certificates:
c. Before the completion of contract, contractor shall serve one month notice to all his
contractual workers, informing that their services will be terminated.
d. Within one month on completion/expiry of the contract, contractor shall pay all the
dues/ terminal dues such as leave with wages, bonus (if applicable), Gratuity (if
applicable), to all his contractual workmen, failing which contractors Bank
Guarantee/ Security Deposit may be withheld by ONGC.
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Corporation shall maintain these records and verify the deposit of statutory contribution made
by the contractors with the EPFO/ESI authorities, where deemed necessary. However, before
making payment of the last bill/invoice of the Contractor, the appropriate authority (i.e.
Payment Making Authority) in the Corporation, shall verify the details/status of the payment
towards EPF/ESI made by the Contractor from the authorities/official website of EPF/ESI (i.e.
http://www.epfindia.gov.in and http://www.esic.in). In case the information furnished by the
Contractor is found to be incorrect the Corporation shall take appropriate action against the
Contractor.
Above clause w.r.t. submission of details on EPF and ESI payments shall not be applicable in
following types of contracts:
(a) In those Contracts wherein the services/jobs has been performed exclusively in the
premises of the contractor, certificate to the effect is to be submitted by the Contractor that
services/jobs to be executed under the contract have been performed exclusively in his
premises.
OR
(b) In those contracts also wherein contractor has employed only their full time regular
employees for execution of the contract, certificate to the effect is to be submitted by the
contractor that for execution of the contract, no contractual labour has been employed and
only full time regular employees of the contractor have been employed.
OR
(c) Fulfilment of conditions at (i) on EPF and (ii) on ESI mentioned below:
(i) Information sought in above clause pertaining to only EPF shall not be required to be
submitted in those contracts wherein the contractor has employed only those of his
employees whose pay exceeds Rs 15,000 /- per month thereby they are covered under
the definition of Excluded Employee. Certificate to the effect is to be submitted by the
contractor that for execution of the contract, the monthly wages of all employees who have
been employed, exceeds Rs. 15,000 /- per month or they have been treated as Excluded
Employee.
(ii) Information sought in above clause pertaining to only ESI shall not be required to be
submitted in those contracts wherein the contractor has employed only those of his
employees whose pay exceeds Rs.15000/- per month as in terms of the current provisions
of the ESI Act, 1948 an employee whose monthly pay exceeds Rs 15000/- is outside the
purview of the ESI Act. Certificate to the effect is to be submitted by the contractor that for
execution of the contract, the monthly wages of all employees who have been employed,
exceeds Rs.15000/- per month. Further, ESI Act, 1948 is applicable only in areas where it
has been made applicable by Gazette Notification in this regard. (In the areas of ONGC
operation, the ESI Act is currently applicable in all areas except the NE States. However,
the Act is applicable in Guwahati. Applicability in new areas of operation is to be verified
from the office of the ESI Corporation concerned.)
In case a contractor falling under the provisions of the Note mentioned above does not
submit the required details on EPF and ESI payments, then in that case, the Contractor
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shall be required to indemnify ONGC for any liabilities arising out of declarations made by
him in future on violation or provisions of the EPF Act 1952 and ESI Act 1948.
3.3.1 The Contractor shall furnish to the Company within 15 days from the date of issue of NOA, an
unconditional and irrevocable letter of bank guarantee for due performance of the Contract, as
per proforma given at Appendix-12b, for a sum equivalent to 12.2% of the Contract
price(LSTK price for 5 years O & M price). This irrevocable letter of bank guarantee shall be
drawn in favour of the Company and shall be valid initially up 60 days beyond the successful
Completion of the project or acceptance of PR Test whichever is later. In case Contractor fails
to furnish the requisite Security Deposit / Bank Guarantee as stipulated above, then the
Company shall have the option to terminate the Contract and forfeit the Bid security amount if
any, and no compensation for the Works performed shall be payable upon such termination.
3.3.2 In the event completion of Works is delayed beyond the Scheduled Completion Date for any
reasons whatsoever, the Contractor shall get the validity of the guarantee suitably extended
so as to make it valid upto total project completion schedule which includes supply,
installation& commissioning and acceptance of PR Test plus 60 days. Cost of extension of
bank guarantee shall be borne by contractor .However if the delay is attributable to the
Company, Company shall bear the cost of extension of such Performance Guarantee for
such extended period at the normal bank rates as applicable to International/ Indian Banking
procedures.
3.3.3 The Company shall have the right under this guarantee to invoke the Banker's guarantee and
claim the amount there under in the event of the Contractor failing to honour any of the
commitments entered into under this Contract. In case Contractor fails to furnish the requisite
Bank Guarantee as stipulated above, then the Company shall have the option to terminate the
Contract and forfeit the Bid security amount and no compensation for the Works performed
shall be payable upon such termination. Upon completion of Works the above said guarantee
shall be considered to constitute the Contractor's warranty for the Work done by him or for the
Works supplied and their performance as per the specifications and any other conditions
against this Contract. The warranty shall be in force for 60months, from the completion date
as provided in Clause 5.10.2 & 5.10.3. The value of Performance Bank Guarantee for
warranty period shall be reduced from 12.2% to 6.1% of contract value.
3.3.4 The bank guarantee by Indian Contractor will have to be given on non-judicial stamp paper /
franking receipt as per stamp duty applicable at the place from where the tenders have been
invited. The non-judicial stamp paper / franking receipt should be either in the name of the
issuing bank or the bidder.
The contractor will give Bank Guarantee from any of the following categories of Banks:
(a) Any Scheduled Bank incorporated in India, Bank Guarantee issued by foreign offices of
such Schedule Banks be counter guaranteed by the Indian Branch of any Schedule Bank
incorporated in India.
OR
(b) Any Branch of an International Bank situated in India and registered with Reserve Bank of
India as scheduled foreign bank.
OR
(c) Any foreign Bank which is not a Scheduled Bank in India provided the Bank Guarantee
issued by such Bank is counter guaranteed by any Branch situated in India of any Scheduled
Bank incorporated in India.
3.3.5 Notwithstanding what has been stated here above in this Clause in the event of completion of
project being delayed beyond the Scheduled Completion Date(s) or extended date(s)
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extended as per provision of the Contract, the Company may without prejudice to any other
right or remedy available to the Company under the Contract, operate the Bank Guarantee to
recover the liquidated damages leviableas per Clause 6.3.2. The Bank Guarantee amount
shall there upon be increased to the original amount, or the Contractor may alternatively
submit a fresh Bank Guarantee for the equivalent amount of liquidated damages recovered.
3.3.6 The Contractor shall also arrange for the Performance Guarantee to remain valid until the
expiration of the Guarantee period for entire Works + 60 days or if different Guarantee periods
become applicable to the different part of Works, then until expiration of latest of such
guarantee period + 60 days. If different guarantee period become applicable to different parts
of Works, then the Performance Guarantee is to be kept valid for 12.2% of Contract Price
(during execution) or 6.1% (during warranty period) of the full value of the part of the Works
(as accepted by the Company) for which the guarantee period are yet to expire.
3.3.7 The Company shall return the Performance Guarantee to the Contractor upon the expiration
of the Performance Guarantee unless any extension is required in accordance with the
Contract. The company shall not be liable to pay any bank charges, commissions or interest
on the amount of performance Security /Performance Bond.
3.3.8 If the contract has been terminated according to Section 3 of Integrity Pact, or if ONGC is
entitled to terminate the contract according to Section 3 of Integrity Pact, ONGC shall be
entitled to demand and recover from the Contractor liquidated damages amount by forfeiting
the Performance Bank Guarantee / Security Deposit, as per Section-4 of Integrity Pact.
3.4.1.1 Customs duty for imported materials shall be paid and borne by the Contractor. It shall be the
responsibility of the Contractor to provide the requisite particulars and documents to the
Customs and other Government authorities and get the materials cleared and transported in
time. Contractor shall be fully responsible for port and Customs clearance including
stevedoring, handling, unloading, loading, storage, inland transportation, if any of materials,
equipment and plant to storage godown (s), yard(s), Sites(s) etc. Contractor shall be fully re-
sponsible for any delays, penalties, charges and losses, if any, in this regard.
Should the Contractor fail to provide the required descriptive catalogues, literature, drawings,
box-wise packing list, invoices and any other relevant documents to the Customs Authority
and should the Customs Duty be assessed and levied incorrectly due to such failure, the
same shall be solely to the Contractor's account.
In case the Contractor, through oversight, negligence or for any other reason whatsoever, has
raised the proforma invoice for the total CIF Price of the imports mentioned at Item I A of the
Contract Price Schedule but some consignments are left out and have to be imported
assigning nil value in the relevant documents, the Customs Duty and penalties/charges, if any,
levied by the concerned authorities shall be solely to the Contractor's account.
3.4.1.2 Company shall upon request from the Contractor along with necessary details, provide
recommendatory letter(s) as per DGHs prescribed proforma for obtaining necessary
Certificate from Directorate General of Hydrocarbons for availing the concessions /
exemptions for import of materials, consumables and spares for the Works etc., if applicable.
However, the responsibility of obtaining necessary Certificate will be that of the Contractor.
Company shall also forward clarifications to DGHs queries, if any, with regard to issuance of
Essentiality Certificate after receipt of the same from the Contractor.
b. Customs duty leviable on Constructional Plant and Equipment other than those covered under
clause (a), tools and tackles, consumables, components and spares required for completion of
works (which partly/wholly get consumed in process of fabrication, installation, pre-
commissioning and commissioning) and imported temporarily by Contractor to be re-exported
wholly/partly after use, after taking into account of admissible duty drawback/exemptions, is
included in lumpsum schedule of prices and shall be paid directly by the Contractor to the
Customs authorities. Timely completion of all import formalities pertaining to clearance of
customs, payment of customs duty, claiming of duty drawback/exemptions, if any, actual re-
export formalities and other related activities shall be complied with solely by the Contractor at
his own cost. The Company shall in no way be responsible for any delays and losses
encountered by Contractor in this regard. Non-compliance of these provisions will be treated
as breach of contract and their performance bond will be forfeited. However, IGM and Bill of
Entry shall be filed with the Custom authority by the Contractor well in advance of arrival of
Constructional Plant and Equipment at Site. Company shall reimburse to the Contractor the
custom duty less the duty drawback/exemptions available to the Contractor on Constructional
Plant and Equipment other than those covered under clause (a), tools and tackles,
consumables, components and spares required for completion of works, at actual, against
documentary proof and subject to the maximum of the amount indicated in the schedule of
prices.
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documentary proof and subject to the maximum of the amount indicated in the schedule of
prices.
3.4.1.5 The Contractor shall furnish documentary evidence in support of payment of Customs Duty,
GST on works/Work contract tax as identified in the Contract Price Schedule for the purpose
of claiming such amounts from the Company. The company shall reimburse the custom duty,
GST on works/Work contract tax paid by the contractor directly to the tax authorities at actual
in Indian rupees against documentary evidence subject to the maximum of the amount of
duty/tax indicated in the contract price schedule.
3.4.1.6 In case of bidders indicating the custom duty in foreign currency, the foreign exchange rate at
which actual payment is made by the contractor to the customs authorities will be used for
regulating the custom duty reimbursement. In the case of bidders quoting the GST on
works/Work contract in foreign currency, the TT buying rate of State Bank of India on the
date of invoice in the case of GST on Works/ Work contract shall be used for regulating the
reimbursement of GST on Works/ Work contract.
(a) Bidder, while quoting against this tender, must take cognizance of all concessions
permissible under the statutes failing which it will have to bear extra cost where Bidder does
not avail exemptions/concessional rates of levies like customs duty, GST etc. ONGC will not
take responsibility towards this. However, ONGC may provide necessary assistance,
wherever possible, in this regard.
Bidders must also consider benefits of input tax credit under the GST Credit Rules 2017, for
GST against their Input materials/Services, while quoting the prices.
(b) Undertaking to provide necessary documents, for enabling ONGC to avail Input GST credit
(wherever applicable),
Further, the Contractor shall undertake to provide all the necessary certificates / documents
for enabling ONGC to avail Input GST credit (wherever applicable), in respect of the
payments of GST. which are payable against the contract (if awarded). The Contractor
should provide tax invoice issued as per GST rules.
3.4.2 Contractor shall bear all taxes and duties etc. levied or imposed on the Contractor under the
Contract including but not limited to Customs duty, GST and all Income Tax levied under
Indian Income Tax Act - 1961 or any amendment thereof up to the date for submission of
final price bid i.e. on account of payments received by him from the Company for work done
under the Contract. The Contractor shall also be responsible for having his sub-contractor(s)
bear all such taxes as levied or imposed on the sub-contractor(s) under his sub-contract(s)
on account of payment received by the sub-contractor(s) from the Contractor for works done
under the sub-contract(s) for which Company will in no case bear any responsibility. It shall
be the responsibility of the Contractor to submit to the concerned Indian authorities the
returns and all other connected documents required for this purpose. The Contractor shall
also provide the Company such information as it may be required in regard to the
Contractor's details of payment made by the Company under the Contract for proper
assessment of taxes and duties. The Contractor and his sub-contractor(s) or their personnel
shall bear all taxes, if any, levied on the Contractor's, subcontractor's and vendor's person-
nel. The amount of tax withheld by the Company shall at all times be in accordance with Indian Tax
Law and the Company shall promptly furnish to the Contractor original certificates for tax deduction at
source and paid to the Tax Authorities.
Should the Contractor fail to submit returns/pay taxes in time as stipulated under the Indian
Income Tax Act and consequently any interest or penalty is imposed by the Indian Income
tax authority, the said interest / penalty shall be paid by the Contractor only.
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Supplies of materials from abroad are levy able to IGST as per the applicable tax structure
and GST on the supplies made from indigenous vendor for the work shall be borne by the
contractor.
Contractor(in the case of foreign bidders) shall apply to the Indian Taxation Authority for a
withholding order to be issued to company stating contractors liability for taxation under this
contract or stating that contractor has no liability for taxation under this contract. If the
contractor fails to produce said withholding order, company shall withhold taxes on all
payments due to contractor under this contract as required under Income-tax Act, 1961 and
shall make the payments to the contractor subject to such payments being withheld. The
company shall furnish to the contractor original certificates ( Challans) for tax deduction at
source and pay to the tax authorities.
Company shall have the right to withhold the taxes from payments due to contractor under
this contract to the extent that such withholding may be required by other applicable law or
any govt. authority. Company shall advise contractor of such requirement as soon after as
may be reasonably be possible after the receipt by company of instruction from the relevant
authorities. Payment by company to the relevant govt. authority of the amount of money so
withheld will relieve company from any further obligation to contractor with respect to the
amount so withheld.
In case service provided by the contractor is covered under reverse charges mechanism as
per GST laws then ONGC shall discharge such liability by deducting the applicable GST on
taxable services provided by the contractor from the contract price or any other payment
falling due to the contractor.
The Contractor agrees that he and his sub-contractor(s) shall pay Indian Income Tax as may
be imposed / levied on them by the Indian Income Tax Authorities for the payments received
by them for the Works under the Contract.
The Contractor, his sub-contractor(s), vendors(s) and the personnel deployed by them shall
comply with the Indian Income Tax act in force from time to time.
The Contractor shall indemnify Company against any and all liabilities or claims arising out of
this Contract for such taxes including interest and penalty which any such Tax Authority may
assess or levy against the Company/ Contractor.
Note: It is clarified that Corporate Tax Act, wherever mentioned in the Contract refer to Indian
Income Tax Act.
3.4.2.1 CONTRACTOR, unless specified otherwise in the CONTRACT, shall bear all tax liabilities,
Govt. levies etc. including GST, customs duty, Corporate and personnel taxes levied or
imposed on the CONTRACTOR on account of payments received by it from the
CORPORATION for the work done under this CONTRACT. It shall be the responsibility of
the CONTRACTOR to submit to the concerned Indian authorities, the returns and all other
concerned documents required for this purpose and to comply in all respects with the
requirements of the laws in this regard, in time.
CONTRACTOR shall provide all the necessary compliances/ invoice / documents for
enabling ONGC to avail Input tax credit benefits in respect of the payments of GST which
are payable against the CONTRACT. The CONTRACTOR should provide tax invoice issued
under GST legislations for the goods and Services (indicating GST). Payment towards the
components of GST shall be released by ONGC only against appropriate documents ie: Tax
Invoice/Bill of entry for availing input tax credit (as applicable).
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The tax invoices as per above provisions should contain all the particulars as required under
the invoicing rules under the GST legislations, including, but not limited to the following:
(i) Name, Address and the GST Registration Number (under the relevant Tax Rules) of
the Service Provider (Contractor)
(ii) Name and Address and GST Registration Number of the Service Receiver (Address of
ONGC)
(iii) Description, Classification and Value of taxable service / goods and the amount of
applicable tax (CGST, SGST, IGST, UTGST and cess)
(iv) In case of imported goods, contractor/supplier is required to provide original Bill of entry
or copy of Bill of Entry duly attested by Custom authority.
(v) The Contractor should mention the Place of supply in the invoice raised under GST Law.
(vi) ONGC would not accept any invoice without its GSTIN mentioned on the invoice
Note : Bidder who is under composition levy of the GST legislation would raise Bill of supply
instead of Tax invoice which will have GSTIN of supplier as well as ONGC.
3.4.2.1.Deleted
3.4.2.2 a. Deleted
b. Deleted
c. CORPORATE TAXES:
(i) The CONTRACTOR shall bear all direct taxes, levied or imposed on the CONTRACTOR
under the laws of India, as in force from time to time.
The CONTRACTOR shall also be responsible for ensuring compliance with all provisions of
the direct tax laws of India including, but not limited to, the filing of appropriate Returns and
shall promptly provide all information required by the CORPORATION for discharging any
of its responsibilities under such laws in relation to or arising out of the CONTRACT.
(ii) Tax shall be deducted at source by ONGC from all sums due to an Indian tax resident
Contractor in accordance with the provisions of the Income Tax Act, 1961, as in force at the
relevant point of time.
(iii) A non-resident Contractor i.e., a Contractor who is not an Indian tax resident according to
the Indian Income Tax Act, 1961, has the option to obtain on its own either (A) an Order u/s.
195(3) of the Income Tax Act, 1961, or (B) an order u/s. 197 of the Income Tax Act, 1961,
and furnish the said Order u/s. 195(3) or the Order u/s.197, as the case may be, to ONGC
along with each of its Invoices. In case the non-resident Contractor wishes to exercise this
option, it should convey the same in writing to ONGC at the time of signing the Contract and
an option so exercised shall be final and cannot be changed during the currency of this
Contract. In case an option is so exercised, ONGC shall deduct tax at source in accordance
with the directions contained in the Order u/s. 195(3) or the Order u/s. 197, as the case may
be, as in force at the point in time when tax is required to be deducted at source.
(iv) In case the non-resident Contractor does not exercise the option in clause (iii) above, an
Order u/s. 195(2) of the Income Tax Act, 1961, for the purpose of deduction of tax at source
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will be obtained by ONGC from the Indian Income Tax department and tax shall be
deducted at source by ONGC as directed in the said Order u/s. 195(2).
The Corporation, at its discretion, may obtain a Certificate in Form 15CB from a practicing
Chartered Accountant in lieu of obtaining an Order u/s 195(2) from Income Tax department
and in such case, TDS shall be regulated as per the said certificate in Form 15CB.
(v) In case the non-resident Contractor does not exercise the option in clause (iii) above, it
shall furnish a Tax Residency Certificate and Form No. 10F.
(vi) If it is not possible for the non-resident to obtain and submit Tax Residency Certificate and
Form No.10F to ONGC within a reasonable time, he should furnish an undertaking to the
effect that he is a tax resident of ____________ (the specified country) and that he shall
obtain and provide the TRC and Form No. 10F to ONGC before 30 days of submission of
first invoice by them or within three months from the date of entering into the contract
whichever is earlier. Contractor should note that any delay in submission of TRC, Form No.
10F and/or PE information within the specified time may lead to the Income Tax department
directing ONGC to deduct tax at a higher rate than at which it may otherwise have directed.
Such increased tax liability shall be recovered from the Contractor.
(vii) As per the provisions of Section 206AA of Indian Income Tax Act, 1961, effective from
01.04.2010, any person entitled to receive any sum or income or amount, on which tax is
deductible under the provisions of Act, is required to furnish his Permanent Account
Number (PAN) to the person responsible for deducting tax at source. Therefore, in case the
Contractor does not furnish its PAN, CORPORATION shall deduct tax at source as
provided in the Income Tax Act, 1961, or in the relevant Finance Act, or as directed in the
certificates u/s 195(3) or 197 or Order u/s 195(2) or as per Certificate obtained in Form
15CB as the case may be or at such higher rate as may be required by Section 206AA of
Indian Income Tax Act ,1961, from time to time
(viii)The employees of such concerns/ Joint Ventures, their SUB-CONTRACTOR and assignees
are also required to comply with various Direct tax laws of India, as applicable.
For the lapses, if any, on the part of the CONTRACTOR and consequential penal action
taken by the Income Tax department, the CORPORATION shall not take any responsibility
whether financial or otherwise.
i) The Tax Residency Certificate (TRC) should be in original or a photocopy duly attested
either from a notary public in India or from the Indian Embassy/High
Commission/Consulate in the country whose authorities have issued such TRC.
ii) During the currency of the Contract/Purchase Order, for the income accrued in different
financial years, the Contractor/Supplier should submit TRC(s) and Form No. 10F valid for
the entire duration of the Contract. In case the validity of a TRC and Form No.10F expires
during the currency of the contract, fresh valid TRC(s) and Form No.10F should be
submitted by the supplier/Contractor for the remaining part of the currency of the Contract.
3.4.3.1 Contractor agrees for a withholding from wages and salaries of its agents, servants or
employees all sums, required to be withheld by the laws of the Republic of India or any other
agency having jurisdiction over the area where Contractor is conducting operations, and to pay
the same promptly and directly when due to the proper authority. Contractor further agrees to
comply with all accounting and reporting requirements of any Nation having jurisdiction over the
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subject matter hereof and to conform to such laws and regulations and to pay the cost of such
compliance.
3.4.3.2 Contractors' attention is invited to Central Board of Direct Taxes (CBDT), New Delhi's
Notification No.9579 (F.No.186/59/94-ITA-I) dated 5.8.94, according to which the officers
mentioned in column 3,4 & 5 shall exercise jurisdiction in respect of persons as specified in
column 2 against Sl. no. 1&2.
3.4.3.3 Centralization of the Jurisdiction and filing of returns of Income Tax etc. with the Dy.
Commissioner, Special Range, Dehradun
It is notified that order under section 195 (2) of the Income Tax Act, 1961 for the purpose of
deduction of tax at source will be obtained by Company from the Dy. Commissioner of Income
Tax (Asstt.), Special Range-I, Dehradun. In view of the CBDT's notification No. 9579 dated
5.8.94 the foreign contractor is responsible for filing the returns of their income as well as their
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
sub-contractor's assignees including that of their partner in the joint venture contractors
(whether Indian or otherwise) and get their assessment completed with the Dy. Commissioner
of Income Tax (Asstt.), Special Range-I, Dehradun, India.
The lapse, if any on the part of the Contractor and consequential penal action taken by the tax
department, the Company will not take any responsibility whether financial or otherwise.
Deleted
3.5.1 The Contract price as mentioned in Clause 3.1 shall be adjusted for the following variations:
a) DELETED.
c) Deleted
d) Deleted.
3.5.2 The Contractor shall be paid for in addition to the Contract Price, the cost of one year spare
parts and additional items (such as assemblies or additional fittings, equipment, etc.) not
incorporated in the Works as stipulated in Clause 5.16.1 below.
3.6 Deleted
3.7 Deleted
4.1 Secrecy
Neither the Company nor the Contractor nor their personnel, agents nor any Sub-contractor
shall divulge to any one (other than persons designated by the party disclosing the information)
any information designated in writing as confidential and obtained from the disclosing party
during the course of the execution of Works so long as and to the extent that the information has
not become part of the public domain. This obligation does not apply to information furnished or
made known to the recipient of the information without restriction as to its use by third parties or
which was in recipients possession at the time of disclosure by the disclosing party. Upon
completion of the Works or in the event of termination pursuant to the provisions of the Contract,
Contractor shall immediately return to the Company all drawings, plans, specifications and other
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and Tripura Under CAPEX Model
documents supplied to the Contractor by or on behalf of the Company or prepared by the
Contractor solely for the purpose of the performance of the Works, including all copies made
thereof by the Contractor. The obligation is a continuing one and shall survive after the
completion/termination of this agreement
4.2.1 The Contractor shall at all times make and keep sufficient copies of the Drawings, Specifications
and Contract documents for him to fulfill his duties under the Contract.
4.2.2 The Contractor shall keep on each Site at least three copies of each and every Drawing,
Specification and Contract Document in excess of his own requirement and those copies shall
be available at all times for use by the Company's Representative and the Engineer/ Engineer's
Representative and by any other person authorized by the Company's Representative , who
shall be provided an adequately sized site office or offices, for the safe-keeping and use of such
documents, by the Contractor throughout the duration of the Contract. Where one or more of
Contractor's yards/offices are deployed in the Works, all requirements of the Contract and
Contractor's obligation under the Contract shall apply equally at each yard/office so deployed.
5.1 Representatives
5.1.1 General
There may be more than one Company's Representative, Engineer, Engineer's Representative
at the same time. The Company shall appoint and notify the Contractor in writing of the
names(s) of the Company's Representative. The Company from time to time may appoint some
other person(s) as Company's Representative in place of the person(s) previously appointed.
The duties of the Company's Representative are to act on behalf of the Company for overall
coordination and Project Management at Site. The Company's Representative shall have the
authority and powers to the extent so authorized and notified by the Company to the Contractor
in writing from time to time. The Company's Representative shall liaise with the Contractor and
monitor the progress for the timely completion of the Works. He will communicate Company's
approval to the Contractor, issue drawings, specifications etc. and similar documents pertaining
to the Works.
He shall also monitor that the Works are carried out in accordance with the specifications,
drawings and other terms and conditions of the Contract as inspected by Engineer/Engineer's
representative. The Company's Representative shall have the right to inspect any part of the
Works at all reasonable time and order necessary tests to be carried out under supervision of
Engineer / Engineer's Representative and reject such works which are not in accordance with
the Contract.
He has the right to scrutinize the Contractor's records for the Work being done on Day rate
basis. In general, he shall have the authority to oversee the execution of the Works by the
Contractor and to monitor compliance by the Contractor of provisions of the Contract.
Approval by the Company's Representative of any or all documents shall in no way relieve the
Contractor of the responsibilities of execution of the Work in accordance with the terms and
conditions of the Contract.
All notices, instructions, orders, certificates, approvals and all other communications shall be
given by the Company's Representative, save as otherwise provided in the Contract. The
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Company's Representative shall carry out such duties in issuing decisions, certificates and
orders as specified in the Contract. All notices, information and other communications to be
given by the Contractor to the Company under this Contract shall be given to the Company's
Representative except as otherwise provided.
The duties of the Engineer/Engineer's Representative are to supervise and monitor the Works
and to test and examine any materials to be used or workmanship employed in connection with
the Works. He shall have no authority to relieve the Contractor of any of his duties, obligations
under the Contract, except as expressly provided in this Clause or elsewhere in the Contract.
He shall not also have any authority to order any Work involving delay or any extra payment by
the Company or to make any alteration of or in the Works.
The Company's Representative may from time to time in writing delegate to any or all of the
Engineer/Engineer's Representative any or all of the powers and authority vested in the
Company's Representative and shall notify the Contractor in writing of all said delegations of his
powers and authorities.
Any instruction or approval given by an Engineer/Engineer's Representative to the Contractor within the
terms of any delegation so notified (but not otherwise) shall bind the Contractor and the
Company as though it had been given by the Company's Representative subject to the following
provision:
The Contractor's Representative shall have all the power requisite for the performance of
Works. The Contractor's Representative shall liaise with the Company's Representative/
Engineer, Engineer's Representative for the proper coordination and timely completion of the
Works and on any other matters pertaining to the Works. Such Contractor's Representative
shall be available to the Company's Representative in the vicinity of each site during the
execution of Works.
5.1.5 CONSULTANT
The Scope of work would essentially cover, but not limited to coordination with the
Ministry/Departments, collection of list of sites, site visits, solar potential assessment, technical
evaluation, , finalization of feasibility report, finalization of bidding documents in CAPEX mode,
collation of State wise projects for economics of scale, submission of project proposals and
PCRs in SPIN portal, getting sanction from MNRE, undertaking bidding process, selection of
vendors, monitoring implementation, ensuring net metering as per the State/UT policies, quality
control, supervision during O&M period, dispute resolution and contract management.
5.1.6.1 A third party inspection agency (Third Party Inspectors or TPI) may be appointed by the
ONGC/REIL, if required at its sole discretion, to conduct any kind of inspection regarding but not
limited to procurement, fabrication, installation, hook-up and commissioning during the
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and Tripura Under CAPEX Model
execution of the Project. The Contractor shall provide necessary access and coordination to
conduct such inspections. The extent of third party inspectors involvement shall be finalized
after mutual discussions between the Contractor and M/s REIL.
5.1.6.2 REIL/Employer or its authorized representatives, reserve the right to inspect the project
components, as per project schedule to ensure compliance of the quality of Components/
material as per the specification and data sheet, before dispatch to site. Employer/REILat its
own discretion will visit the premises for inspection with prior intimation to the Contractor. It is
the responsibility of the contractor to inform Employer/REIL at least 14 days prior to the dispatch
of the project equipment. All administrative expenses for Employer/REIL or its authorized
representatives will be borne by Employer/REIL for above inspections. However, all the
expenses related to testing and inspection at manufacturer/ supplier premises or at project site
shall be borne by the contractor only. In case contractor fails to show the compliance for the
component under inspection as per Technical Specification & approved drawing /design & same
is not approved for mass production or dispatch, in such cases Contractor shall bear the
expenses towards visit of Employer/REILs team for subsequent visit/s for inspection of same
component.
5.1.7 ENGINEERING
5.1.7.1 GENERAL
The design criteria, specifications and other engineering requirements and information supplied
by Company are included in part VI(Technical Specifications), Description of Work, Spec.
&Drawings of the Bid package. The Contractor shall carry out complete engineering and
detailing of these items. The Contractor will be responsible for developing such information as
required to perform the Surveys (pre-engineering, pre-construction / pre-installation and post-
installation), Design, Detailed Engineering, Procurement and supply, Transportation,
Fabrication, Laying of Diagram , Installation/erection, Hook-up, Testing, Pre-commissioning &
Commissioning at ONGCs premises at respective States.
It is the Company's intention to have the best equipment new and in excellent condition,
available for its facilities. The specifications contained within this bid package are to provide the
Contractor with performance criteria for all major facility components and equipment. The
Contractor may select unspecified equipment but will solicit Company approval in order to
ensure compatibility with present equipment and trouble free operation.
Contractor shall submit to Company for review and approval of all layout drawings, detailed
construction and approval drawings, design specifications, detailed calculations and purchase
specifications etc. for the Work and other information required by Company prior to issuing for
Construction.
All drawings shall be made to a reasonable scale and in detail. If it is found that Contractor has
not complied with Company's drawings or specifications submitted, then the necessary
changes required shall be made by Contractor at no additional cost and time to Company. In
no way does this relieve the Contractor of his responsibility to comply with all Contract
specifications for this project unless Contractor receives from Company on a written request
for the specific deviation or written authority to deviate from the specifications pertaining to the
item in question. Contractor shall maintain a design and drafting schedule that will allow
sufficient time for Company to review all drawings and any necessary changes to be made.
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and Tripura Under CAPEX Model
Company or its representative will review all facets of Contractor's design including design
calculations in order to ascertain compliance with design criteria, specifications and conceptual
design.
Company or its Representative's review for approval of Contractor's design in no way relieves
the Contractor of the responsibility to satisfy the design criteria and specifications set out herein
and install a safe and operable facility.
a) Contractor will forward copies of all preliminary drawings and specifications in accordance
with the correspondence schedule and procedure. Distribution of all documents etc. is the
responsibility of the Contractor.
b) In the event that Contractor does not receive Company's comments on items within 10
working days [(excluding intervening Saturday(s) and Sunday(s)] from the date of receipt
by the Company / Company's Consultant then it may be assumed that there are no
comments and the items may be issued for construction.
d) Should any item shown on plans issued for construction be changed due to any reason
whatsoever after the plans have been approved, new or corrected plans shall be made
and new prints furnished for review and approval of Company. The above will also apply
to site changes during fabrication and Erection.
Contractor shall furnish to the Company as soon as possible (First issue not later than 30 days
from Notification of award of Contract), a complete list of all drawings which will be used. This
schedule of drawings shall show the drawing number, title, revision number, and issue number
together with the date issued. A revised Catch-up plan shall be furnished periodically at least on
a monthly basis, (in case of delays) until the work is completed. The Contractor shall supply
reduced size prints of AFC drawings as and when required by the Company / Company's
Representative at no extra cost to the Company.
An up-to-date list of all specifications and data sheets shall be furnished by the Contractor as
soon as practicable after the work is started. The sheets shall show number, title, revision
number and date so that a current summary of latest specifications will be available for
reference. This list shall be revised and new distribution made in the same manner as the
drawing schedule.
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and Tripura Under CAPEX Model
Upon completion of identifiable units or components of the construction and Erection phase of
the project, the Contractor will complete all of the related plans to the "as-built" stage
(including all Vendor drawings). Contractor shall provide Company the as built documents in
hard & soft copies distribution shall be as per sec. 9.0 as detailed below:
c) Hard binders of the manufacturer's data book including certified prints and data for
mechanical, electrical or any specialty equipment, which is part of the Contractor's Scope
of Supply. Data Books shall be complete with index as to tag numbers associated with
manufacture's data shown. Equipment data shall include as a minimum requirement the
principle and description of operation, Installation / Erection and maintenance instructions,
drawings and dimensions, parts lists and un-priced purchase orders. Data Books shall be
bound in volumes limited to a maximum of 3 inches in thickness.
e) Deleted
f) Deleted
h) Deleted
j) Deleted
Distribution of the above items will be in accordance with instructions in the Correspondence
procedure Section 5.0 & 9.0 herein.
iv) Deleted
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Contractor shall use latest version of MS Office for text documents and daily correspondences,
reports etc.
Contractor shall prepare start-up and operating manuals for the facilities including the items
shown in the list below and as specified in Part-VI.
a) Introduction
Fire Protection and Auxiliary Systems for protection of all facilities in the installation.
Describe the equipment and systems details, operating conditions and interrelation of the
operating variable.
d) Start-up
Describe in detail how equipment and system are brought to proper operating conditions,
commissioning and subsequent start-ups.
e) Shutdown
Describe in detail how the equipment and system are shutdown and prepared for
maintenance under normal and emergency conditions.
f) Safety
Safe practices should be included in all procedures in each section of the manual. This
Section itemizes and emphasizes these safe practices.
g) Appendix
Necessary drawings and equipment schedules.(This section to also include reduced copy
of flow schemes and P&IDs).
The objective of the Manual is to assemble under one bound cover all of the instructions, data
and drawings necessary for the operation personnel to start, operate, control and shut down
the systems under normal and emergency conditions in a safe manner. It is desired that the
instructions be written with clarity and simplicity.
Contractor will submit for Company's review and approval a draft of the Operating Manual at
least 150 days prior to completion of facilities for Operation. Company shall return comments
to Contractor within 60 days after receipt of draft. The final copies shall be furnished to the
Company at least 30 days prior to pre-commissioning/ commissioning of the work. Distribution
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and Tripura Under CAPEX Model
of copies of draft and final records shall be in accordance with instructions in Correspondence
Procedure.
5.1.10 PURCHASING
5.1.10.1 GENERAL
Contractor is expected to co-operate with the Company in the purchase of materials and
equipment, subject to the provisions of clauses 5.2.2 and 5.2.3. Company reserves the right to
review and evaluate contractors selection. In case, contractors selection is found not
acceptable to the Company as per the provisions of the Contract, Company shall advise
contractor to make a suitable substitution, at no extra time and cost implication to ONGC, which
the contractor shall abide by.
5.1.10.2 PURCHASINGPROCEDURE
Handling of requisitions and purchase orders shall be accomplished in the following manner.
a) Contractor shall prepare material and equipment requisition lists indicating the names of
all vendors (from suggested vendor list) proposed to be issued with an RFQ and
showing the description, quantities or number required, designation of use, size,
catalogue or identification number, mill report, etc. along with Vendor's published
literature or any other information which will provide a clear and through understanding
of the items to be purchased for the facilities, construction, installation, erection, and
operation requirements as defined in this Bid package. When purchase requisition refers
to a specification for detail, Contractor shall make certain that this specification
(purchase specification) has been approved by the Company. Company has an
unconditional option/right to approve / reject individual vendors for equipments / items
which are in the firm scope of contractor's Work. The Contractor shall call the preferred
vendor and arrange discussions with the Company in a satisfactory manner to the
Company's Representative before final approval.
b) Contractor shall furnish copies of unpriced purchase orders for all material and
equipment supplied including data on country of origin of the goods in accordance with
the correspondence procedure. In addition, copies of unpriced purchase orders shall be
included in the Manufacturer's data book for all items included in these data books.
Contractor shall be responsible for all expediting and inspection. Copies of Contractor's expediting
and inspection reports shall be forwarded periodically to Company for information. Contractor
shall ensure the Company's right of inspection in suppliers' shops or mills during the
manufacturing or fabrication of the project components. Contractor shall inform Company
promptly of any problems encountered in regard to quality or delivery, and of steps taken by
Contractor to overcome such problems. Any air-freighting undertaken by the Contractor to
meet the project completion date shall be to Contractor's account. Contractor shall furnish
schedule of dates for factory tests of equipment in accordance with instructions as per Part-VI
of these specifications.
Contractor shall be responsible for material and equipment delivery, receipt and handling as
well as the necessary inspection as to its condition when received from suppliers. Damage
claims and replacement or repairs shall also be handled by the Contractor.
By the tenth (10th) of each month, Contractor shall furnish Company with a status of expediting
report covering purchasing progress as of the last day of the preceding month. This report shall
indicate purchase order numbers, description of item, supplier, date of order, original promised
delivery date, latest revised delivery date, the name of the carrier or shipper, name of the vessel
and any other information pertaining to the purchasing status.
5.2.1 Assignment
The Contractor shall not, except with the explicit prior approval in writing of the Company,
transfer, sub-contract or assign his obligations or any benefit or interests in the Contract or any
part thereof in any manner whatsoever. Any such assignment shall not absolve the Contractor
from his obligations and responsibilities under this Contract.
The following conditions shall apply as regards sub-contracting of any portion of the Work
pertaining to design, engineering, procurement, fabrication, erection, Plant modifications, pre-
commissioning, start up and commissioning of Works entrusted to the Contractor:
(i) The Contractor may sub-contract any portion of Work entrusted to him only with prior
written consent of the Company, which shall not be unreasonably withheld. The extent to
which the Contractor may sub-contract part of the Works shall be as stated in his bid and
as accepted/approved by the Company prior to the opening of the price bid. All sub-
contracting arrangements shall be finalized and sub-Contractors to be deployed shall be
firmed up by the Contractor within three months from the date of placement of
Notification of award by the Company. A signed copy of the detailed Agreement with
prices blanked out or some similar document (indicating the scope of work of Sub-
contractor) entered into between Contractor and Sub-contractor(s) to perform the work
sub-contracted, shall be submitted to the Company within three months from the date of
signing of the Contract between Company and Contractor
(ii) Any change in the sub-contractor(s) after the arrangement is firmed up as mentioned in
5.2.2 (i) above, will be made by Contractor only with the prior written approval of the
Company which approval shall not be unreasonably withheld and only from amongst
those sub-contractor(s) as proposed by the Contractor in his tender and as are found
technically acceptable. However, under unavoidable /exceptional circumstances the
contractor may offer substitute subcontracting arrangement having requisite experience
and capabilities to execute the work. The desired changes shall be put up by the
contractor well in time.
Companys decision shall be notified to the Contractor within fourteen (14) working days
of receipt of request for such change along with all necessary documents in support of
the requested change provided, however, that request for change is received at least
one (1) month prior to the schedule start of the relevant activity.
(iii) Sub-contracting as mentioned herein shall not relieve the Contractor of his obligations
and responsibilities under this Contract. Also in no case sub-contractors shall pass on
any claim/ liability to Company.
(iv) Provided however that the sub-contractors listed in Contractor's tender, unless rejected
by Company prior to the date of intimation of opening of price bids or revised / adjusted
price bid, if any, shall for all purposes of the Contract be deemed approved by Company,
Contractor shall then be free to sub-contract with any of the already approved sub-
contractors subject to Para (ii).
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(v) Notwithstanding what has been stated in sub clause (i) to (iv) above, the contractor shall
be required to perform by himself and not though subcontract (s) project management
and at least one of the following main activities based on which its bid has been
accepted by the company (as per approved technical BEC)
b) DELETED
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f) Contractor shall source the fuels like petrol diesel etc., if required for carrying out the
works / services covered under the contract, from M/s Mangalore Refinery &
Petrochemicals Limited, Mangalore (a subsidiary of ONGC), wherever feasible.
5.2.4 Approval
5.2.4.1 The approval for finalizing sub-contracting arrangement and procurement of plant/ equipment /
materials shall be given by the Company only if the Contractor ensures the compliance to 5.2.2
& 5.2.3 above and following:
(i) The Contract Price as contained in the Contract shall remain firm and unchanged except
as otherwise provided in the Contract.
(ii) The Contractor shall not be entitled for any time and cost compensation on account of
observance of requirements given in Sub-Clauses 5.2.1 through 5.2.3 above. Cost
benefits however accruing to the Contractor shall be passed on to the Company
5.2.5 A firm which has been engaged by ONGC to provide goods or works for this project and any
of its affiliates are disqualified from providing consulting service for the same project.
Conversely a firm hired to provide consulting services for the preparation or implementation of
this project and any of its affiliates, are disqualified from subsequently providing goods or
works or services related to the initial assignment for the same project.
Consultants or any of their affiliates will not be hired for any assignment, which by its nature,
may be in conflict with another assignment of the consultants.
5.3 Miscellaneous
5.3.1 The Company's Representative on behalf of the Company shall have full power and authority
to supply to the Contractor or to instruct the Contractor to prepare further specifications,
drawings or job instruction necessary for the proper and adequate execution of the Works in
accordance with the Contract and the cost of such Work shall be deemed to be already
included in the Contract Price. The Contractor shall carry out these instructions and be bound
by them.
5.3.2 Unless otherwise specified, the Contractor shall pay all statutory payment and other royalties,
rent and other payments or compensation (if any) for getting stone, sand, gravel, clay or other
materials required for the Works or Temporary Works.
5.3.3 All operation necessary for the execution of the Works and for the construction of any
Temporary Works shall, so far as compliance with the requirements of the Contract permits, be
carried out so as not to interfere unnecessarily or improperly with public convenience or the
access to, use and occupation of navigable and other water, waterways, channels, road
steads, fisheries, and other places of shelter by lands, public or private roads and footpaths or
properties, whether in the possession of the Company or of any other person and the
Contractor shall indemnify the Company against all claims, demands, proceedings, damages
costs, charges and expenses whatever arising in relation to any said matters in so far as the
Contractor is responsible therefore.
5.3.4 The Contractor shall use every reasonable means to prevent any of the highways, waterways
or bridges, locks, communicating with or on the routes to the Site from being damaged or
obstructed by any traffic of the Contractor or any of its sub-contractors. The Contractor shall
select routes, choose and use vehicles and restrict and distribute loads and cargo such that
any extra ordinary traffic and material from and to the site will be limited as much as is
reasonably possible and so that no unnecessary damage or injury may be occasioned to
highways and the other facilities and areas aforesaid.
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5.3.5 The Contractor shall in accordance with the requirements of the Company's Representative,
afford all reasonable opportunities and access to the Works/Site to the Company or to any
other contractors employed by the Company and their workmen and to the workmen of the
Company and of any other duly constituted authorities who may be employed in the execution
on or near the Site of any work not included in the Contract or of any Contract which the
company may enter into in connection with or ancillary to the Works for carrying out their work.
When instructed by the Company or its representative, the Contractor shall also liaise and
coordinate with Company's other contractors for proper execution of the Works.
Subject to Section 5.19 of the Contract, in complying with the requirements of this section at
written instruction of Company/Company's Representative, should Contractor be delayed in
the construction schedule, Contractor will receive an appropriate extension of time if it affects
critical path of the Construction schedule and provided the Contractor had notified immediately
to the Company about occurrence of such hindrance to their Works provided further and to the
extent the delay or any part of it is attributable to the Company , its agents and other
Contractors or any other duly constituted authorities who may be employed in the execution on
or near the Site of any work not included in the Contract or of any Contract which the Company
may enter into in connection with or ancillary to the Works.
5.3.6 Unless otherwise specified, the Contractor shall at his own expense supply and provide all the
Constructional Plant and Equipment, Temporary Works, materials, both for temporary and for
permanent Works, labour (including the supervision of it) transport to and from the Site and in
and about the Works, and other things of every kind required for design and engineering,
procurement, fabrication, construction, installation, erection, testing, pre-commissioning, start
up& commissioning and making good of the works, including during the period of Guarantee
for Works required to be performed by Contractor at his own cost in accordance with the
provisions of the Contract.
If the Resources proposed by the Contractor under this Contract are found to be inadequate to
complete the Works including the optional items covered under this Contract, then the
Contractor shall deploy additional Resources as required to complete the Works under this
Contract within the Contract Price and without any time effect to the Company.
5.3.8 DELETED
5.3.9 On the Completion of the Works, the Contractor shall clear away and remove from the Site all
Temporary Works, Construction Plant and Equipment, surplus materials, which he had
provided, including any wreckage, debris and rubbish of every kind caused by Contractor or
his Sub-contractor and leave the whole of the Site and Works clean and in a workman like and
safe condition. If the Contractor fails to remove all such materials, debris and rubbish, the
Company shall have the right to get them removed and any cost incurred by the Company in
doing so shall be recovered from the Contractor.
5.3.10 The Contractor shall not dump any material in the vicinity of the existing facilities of the
Company or the facilities which are being erected under the Contract.
5.3.11 It shall be the responsibility of the Contractor to fully comply with the following Security
Provisions:
i. For all the personnel (Indian / Foreigners) of contractor and/ or their subcontractors, the
Procedure for security clearance as listed below will have to be strictly followed/complied
with before entering the Work Site. Any subsequent changes/modifications as may be
issued from time to time in this regard shall also have to be duly complied without any time
and cost impact to the Company.
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and Tripura Under CAPEX Model
Company's security section has right to deny permission to any person to go to the Site in
case either the required procedures are not complied with or any person comes without
stipulated advance notice, and in that case the Company will not be liable for any cost and
time impact.
Duty Passes for all the personnel are to be obtained well in advance from the Security
Section of the Company after providing the prescribed Declaration Forms along with 2
stamp size photographs in respect of each person.
(b) For Foreign nationals : At least 4 weeks in advance the Contractor will submit, for
obtaining necessary clearances from Ministry of Home Affairs (MHA) etc., a list of all
foreign nationals required to be mobilized to site. Following information shall be
provided :
i. Full Name
ii. Passport No. date and place of issue
iii. Nationality
iv. Date of Birth
v. Parentage
vi. Present Address
vii. Permanent Address
viii. Validity of the passport
ix. Details of the visa
x. Date visited India last
xi. Purpose
xii. Duration of the last visit and
xiii. Occupation.
Contractor is to ensure that only such expatriates who are having valid passports and
valid business visas are deployed for work under the Contract. Expatriates having Tourists
visas are not permitted to work in any of Company's projects.
Contractor is to ensure that all personnel display the Non-employee duty passes issued by
the Security Section of the Company on work.
All non-employees duty passes issued for the Construction activities should be
surrendered to security section of the Company promptly after construction activities are
over in a particular working season.
Contractor is to ensure that all the personnel engaged by them abide by the Security &
Discipline Rules prescribed from time to time by the Security Section of the Company.
Contractor and his sub-contractors/agents are to comply with any directive as may be
prescribed / given by the Company from time to time in respect of Security matters.
ii. Deleted
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iii. Deleted
iv. The schedule(s) prescribed in the foregoing paras for advance submission of details
regarding personnel clearance is indicative only as the clearances are to be accorded by
the concerned departments of the Govt. of India. Hence Company will not be liable for any
time & cost impact due to any delays on this account or due to change of procedures etc.
in this regard.
a. Undertaking from the Contractor that the character and antecedents of the person(s)
proposed to be deployed by them is/ are impeccable.
b. Undertaking from the Contractor that they have scrutinized the previous working of
the person(s) proposed to be deployed by them and there is nothing adverse as
regards his/her character and antecedents.
c. Along with the above mentioned undertakings, the Contractor will provide certified
photocopies of Police verification certificates for inspection by authorized
representative of ONGC. The Contractor has to obtain Police verification report
(signed by an officer equivalent to DSP rank or higher) from the area where the
person(s) to be deployed has/have been residing since the last five years. In case the
person concerned has not resided at a place for five years at a stretch, Police
verification reports should be obtained from that area where the person(s) has/have
stayed earlier.
5.3.12 The Contractor shall ensure that none of his personnel / employees / representatives including
personnel/employees/representatives of his sub-contractors / vendors carry out any type of
cameras nor do any photography in or around any of Company's installations / facilities and
also ensure that they shall hand over all films (exposed or unexposed) negatives and
photographs to the Company's Representative before leaving for the Plant and shall not retain
any film (exposed or unexposed) negative or photographs after departure from Plant. All
employees/representatives of Contractor including employees / representatives of his vendors
/ sub-contractors shall sign a declaration as prescribed by the Company every time before their
departure for/from Plant. Photography on or around of location of work, as decided and
approved by the Company can be undertaken. However any photography other than that
required for the scope of work is completely prohibited. Any violation in this respect shall be
treated as breach of security instructions of the Company and Contractor or his employees /
representatives of his Vendors/subcontractors are liable for penal action under laws of the
Country, besides any other action which the Company may decide to take against the
Contractor such as sending the employees/representative(s) including employees / repre-
sentatives of his vendor(s)/subcontractor(s) back and debarring them from entering into
Company's installations / worksite for a period of two years at the sole discretion of the
Company.
5.3.13 Deleted
5.4 Surveys
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and Tripura Under CAPEX Model
The Contractor shall at his own cost independently carry out pre-engineering survey of each
roof / surplus land to verify the locations / obstructions (if any) of the proposed facilities
mentioned in the scope of work. Such verification shall include but not be limited to verification
of site conditions. Pre-Engineering survey shall be carried out well before design engineering.
Details provided in the Bidding Documents are only indicative and in the event of some
deviations observed by the Contractor the same shall be discussed with Company's
Representative and mutually agreed. Contractor shall be fully responsible to complete the
Work as per actual parameters found during this survey without any time and cost effect to the
Company other than that indicated in succeeding paragraph.
Notwithstanding the provisions of Clause 2.3.1.2 should any obstruction or physical condition
be discovered during such pre-engineering survey making impossible or adversely affecting
the performance of the Work, the Contractor shall immediately notify the Company. Should
Company require the Contractor to remove obstructions or debris, Company shall pay the
Contractor at appropriate schedule of rates and grant reasonable extension of time if such
removal affects the critical path.
a) The Contractor shall, at his own cost, independently carry out pre-construction/ pre-installa-
tion survey of the Sites before start of site construction / installation. The Contractor shall
be fully responsible for any damage caused by the Contractor or his sub-Contractors to the
existing facilities in accordance with the provisions of the Contract. However the Contractor
shall not be responsible for the condition of the existing facilities as it existed at the time of
starting of pre-engineering survey.
b) All time and cost effect due to obstructions and physical conditions including debris, if any,
making impossible or adversely affecting the performance of Works which were not reported
during or immediately after pre-engineering survey and are encountered and reported during
pre-construction/pre-installation survey and/or during installation shall be to the Contractors
accountexcept as otherwise provided in the Contract
c) Failure to visit the Site, review the drawings and acquaint himself with all conditions will not
relieve the Contractor, in any way, from furnishing any material or performing any work in
accordance with the Contract.
5.4.2 While carrying out the Scope of Work under this Contract, Contractor may be required to open
/ dismantle / realign / modify any facilities or instrument or piping equipment of the existing
facilities to carry out the Work. The same shall be carried out without any time and cost effect to
the Company. It will be the total responsibility of the Contractor to, test and re-commission all
such facilities during and after the completion of work in accordance with the Contract. The
same shall be carried out without any time and cost effect to the Company.
The Contractor shall carry out "as installed"/ as laid surveys for preparation of As-Built
Drawings.
If any debris or unwanted material which was not found and reported by Contractor to the
Company during the pre-construction survey is observed during post installation survey the
same shall be removed by the Contractor without any time and cost effect to the Company.
However, if the debris or unwanted material is proved by the Contractor to be attributable to
Company or Company's other contractors, the Company shall compensate the Contractor for
removal of those in accordance with the Contract.
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and Tripura Under CAPEX Model
The Company shall post Companys Representative(s) at each work site. Contractor is
required to submit design documents/drawings etc. at the Company's designated office for its
review/approval, in case Companys Representatives are not posted at the work site. If
required, contactor shall arrange for discussion between its engineers & Companys
representative(s)/Engineers(s) for any clarification etc. either in person or through video
conferencing/or at an extension of the design office in India. The Company may also depute its
Engineers(s)/Representative(s) at Contractor's design center for review of critical documents.
Contractor shall arrange to send the design documents/ drawings at the Company's
designated office for its review. The documents drawings shall be reviewed by the Company.
The cost incurred in dispatching the documents / drawings by fast courier service to and fro
between Contractor's design centre(s) / office (s) and Company's office(s) shall be borne by
the Contractor and the time taken in transit shall also be to Contractor's account. The
Contractor shall provide certain facilities for Company's Representative to perform whatever
services are deemed necessary by the Company as given in Clauses 5.5.1, 5.5.2 & 5.5.3.
5.5.1 Throughout the execution of work at design centre, fabrication / erection site adequate office
space, with computers (minimum 1 no with internet & scanning facility), stationary,
photocopying, secretarial services, communication facilities (for minimum 1 person during
design review and at each site during fabrication/erection), telefax, fast courier services for
office documents shall be provided as and when required for Companys representative at no
extra cost to the Company.
5.5.2 Deleted
5.5.3 During the fabrication & assembly, reasonably accessible space will be made available at site
if necessary, for testing or inspection of works.
5.6 Deleted
5.7 Deleted
5.8 Workmen
5.8.1.1 The Contractor shall make his own arrangements for the engagement of all workmen, local or
otherwise, and for their transport, housing, feeding and payment.
5.8.1.2 The Contractor shall provide at Site adequate supply of drinking (Soft) water and other water
for use and other facilities to meet the statutory requirements. Soft water will be arranged by
the contractor up to O&M.
5.8.1.3 If any illness of an epidemic nature breaks out, the Contractor shall comply with and carry out
whatever regulations, orders and requirements are imposed by the Government or the local
medical or sanitary authorities for the purpose of promptly dealing with and overcoming it.
5.8.1.4 The Contractor shall at all times take all reasonable precautions to prevent any unlawful
riotous or disorderly conduct by or amongst the persons deployed for the works at site and for
the preservation of peace and the protection of persons and property in the neighborhood of
the work.
5.8.1.5 The Contractor shall ensure that the provisions of this Clause 5.8 are complied with by his sub-
contractors also.
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and Tripura Under CAPEX Model
5.9.1 General
All materials and workmanship shall be as specified in the Contract and in accordance with the
requirements of the Contract.
In the event of any revision(s) in the Codes and Standards which become effective after the
date of submission of techno contractual bid, the cost effect shall be borne by the Company
subject to such change(s) being effected with prior approval of the Company.
All materials and workmanship shall be subjected from time to time to tests, inspections which
the Company's representative may direct as per the Contract either at the place/ agency of
manufacture or fabrication or at the site or at such other place(s) or agency (ies) as may be
required for execution of the Works as per contract without any time and cost effect to
Company.
The Contractor shall provide assistance, instruments machines, labour and materials which
are normally required for examining, measuring and testing any work and the quality, weight or
quantity of any material used and shall supply samples of materials before incorporation in the
Works for testing, as may be selected and required by the Company's/Engineer's
Representative. The Company's/Engineer's Representative or duly authorized inspector shall
be entitled to attend the said tests and/or inspection. Company shall bear all costs and
expenses incurred in connection with traveling and boarding & lodging expenses except as
otherwise provided in the Contract. In case the tests/inspections are not performed during the
period or at the time mutually agreed for reasons other than those directly attributable to
Company / its agents / its other Contractors then Company's Representative shall have the
right to get the tests, inspections attended or performed through an independent agency (ies)
or any other authorized inspector(s) and all costs incurred by the Company's Representative in
doing so shall be recovered from the Contractor. Before any material is incorporated used in
the Works Contractor must obtain necessary approval from the Company's Representative. If
the Company's inspector fails to attend the test and or inspection at the time mutually agreed
or if it is agreed between the parties that the Company's inspector shall not do so, then the
Contractor may proceed with the test and/or inspection in the absence of the Company's
inspector and provide the Company with a third party certified report of the results thereof.
Tests of materials, equipment, systems and workmanship shall include but are not limited to
the tests referred to in and required by the Contract Specifications.
The testing of all welders/other workmen as required by the Contract Specifications shall be to
the sole account of the Contractor, including but not limited to the time spent by workmen
engaged upon such tests or re-tests and the provisions of all materials, equipment and
supervision required for the performance of such tests or re-tests to the satisfaction of the
Company's Representative in accordance with the Contract. The Contractor agrees that
neither the execution of a test and/or inspection of Materials or any part of the works nor
attendance by the Company's Representative/ authorized inspector nor the issue of any Test
Certificate pursuant to Cl.5.9.6 hereof shall absolve the Contractor from his responsibility of
execution of the Works in accordance with the Contract.
5.9.2 Samples
All samples shall be supplied by the Contractor at no extra cost to Company if their supply is
provided as per the Contract specifications.
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and Tripura Under CAPEX Model
The cost of conducting any and all tests provided for in the Contract specifications and to meet
the requirements of Contract shall be borne by the Contractor.
5.9.3.1 The Contractor will establish and maintain continuous radiography service facilities and
personnel skilled in their use for the testing and inspection of welds or base metal in
Contractor's and sub contractor's work sites and also ultrasonic, magnetic particle and Dye
Penetrant tests/inspection services, as and when required by the Company's Representative in
accordance with the Contract.
5.9.3.2 The Contractor will also make available, as and when required by the Company's
Representative the necessary special equipment and skilled personnel for the operation of
radiography. Service facilities for the testing and inspection of the Works as stated in the
Contract Specifications.
5.9.3.3 The Costs of all Radiography, Ultrasonic, Magnetic particle or other inspection of weld or base
metal, as provided for in sub-clause 5.9.3.1 and the costs of all other testing and inspection as
provided for in the sub-clause 5.9.3.2 up to the limits prescribed in the Contract Specifications
shall be to Contractor's Account.
5.9.3.4 Unless otherwise specified cost of all Works/tests etc. as specified in Contract are deemed to
be included in the lump sum Price of the Contract.
The Company's Representative/Engineer or any person authorized by him, shall at all times,
have access to the Works and to the Site and to all workshops and places or where the Works
are being executed or machinery are being obtained for the works to inspect the progress and
the manner of manufacture or construction.
Whenever the Contractor is ready to carry out any such test or inspection, the Contractor shall
give reasonable advance notice of such test and or inspection and of the place and time
thereof. The Contractor shall obtain from any relevant third party or manufacturer necessary
permission or consent to enable the Company's Representative/authorized inspector to attend
the test and/or inspection. The Contractor shall provide every facility for and necessary
assistance in obtaining the right of access for the Company's personnel including Company's
Representative and Engineer/ Engineer's Representative. All accesses to works in at site
provided by the Contractor shall in all respects be protected and safe.
The Contractor shall provide the Company's Representative with a certified report of the
results of any such test and/or inspection.
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GRID CONNECTED ROOF TOP AND SMALL 18/003
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5.9.6 Opportunity for Inspection of Works
5.9.6.1 Any part of the Works shall not be covered up or put out of view without the approval of the
Company's Representative or the Engineer/Engineer's representative and the Contractor shall
give reasonable notice and provide full opportunity to the Company's Representative or the
Engineer/Engineer's Representative to examine and measure any work by providing the facili-
ties for examinations and measurement including the equipment required for them, which is
about to be covered up or put out of view or installed below the surface of the sea and to
examine any part of the work before other part of the work is placed. The Contractor shall give
reasonable notice to the Company's Representative or Engineer/Engineer's Representative
whenever any work is ready or about to be ready for examination and the Company's
Representative or Engineer/ Engineer's representative shall without unreasonable delay,
unless he considers it unnecessary and advises the Contractor accordingly,
examine/measure/inspect the works. Contractor shall mobilize vendor representative during
pre-commissioning/commissioning as per bidding document requirements.
5.9.6.2 The Contractor shall uncover any part of the Works or make openings in or through it as the
Company's Representative from time to time directs and shall reinstate and make good such
part or parts to the satisfaction of the Company's Representative in accordance with Contract.
5.9.6.3 If any part uncovered or opened pursuant to Clause 5.9.6.2 has been covered up or put out of
view after compliance with the requirements of Clause 5.9.6.1 and after inspection is found to
be executed in accordance with the Contract the expenses for uncovering making openings in
or through, reinstating and making the same good shall be borne by the Company and
appropriate time extension shall be granted to the Contractor in the event that project critical
path is affected. Should project critical path not be affected only cost impact will apply. But in
any other case all the expenses shall be borne by the Contractor and time affect, if any, shall
be to Contractor's account.
Contractor shall have, at all times during the performance of the Work, a competent Superintendent or
Foremen on the premises, and any instructions given to such Superintendent or Foremen shall
be construed as having been given to Contractor.
5.9.6.5 FABRICATION
Company reserves the right to inspect all phases of Contractor's operations including field and shop
fabrication equipment assembly, testing, packing, operation etc. to ensure conformity to the
specifications. Company will have an engineer, inspector (3rd party inspection Agency) or other
duly authorized representatives, made known to the Contractor, present during progress of the
Work and such Company's Representatives are to have free access to the Work at all times.
The presence or absence of a Company's Representative does not relieve Contractor of the
responsibility for quality control in all phases of the Work. In the event that any of the work
being done by Contractor or any Sub-contractor is found by said Company's Representative to
be unsatisfactory or not in accordance with the plans and specifications, the Contractor shall,
upon verbal notice confirmed in writing immediately of such discrepancy or deficiency, take
immediate steps to revise the Work in a manner to conform to said plans and specifications.
Company will have engineers, inspectors or other authorized representatives present who are to have
free access to the work at all times. If a Company's Representative notifies the Contractor's
Superintendent or foreman of any deficiency or recommends action regarding compliance with
these specifications. Contractor shall make every effort to carry out such instructions in the
fullest degree consistent with best industry practice and the prevailing conditions at the time.
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5.9.7 Removal/Replacement of Improper Work and Materials
5.9.7.1 During the progress of the Works the Company's Representative shall have the power to
order:
i) The removal from site of any materials/equipment/spares etc. which are not in
accordance with the Contract and which are supplied by the Contractor. The
materials/equipment/ spares etc. shall be removed by the Contractor at his own
expense.
iii) The removal and rectifications of any work (notwithstanding any previous test thereof or
interim payment therefore) which in respect of materials/equipment/spares etc.or
workmanship is not in accordance with the Contract, without any extra cost to ONGC.
5.9.7.2 In case of default on the part of the Contractor in carrying out an order pursuant to Cl. 5.9.7.1
the Company shall be entitled to deploy other person/agency to carry out such works and all
expenses directly related thereto shall be recoverable from the Contractor by the Company.
Company will notify the Contractor of the amount, with details, so incurred by it. If the
Contractor fails to pay the amount to the Company within 30 days from the receipt of the
invoice with the required back-up documents the amount may be deducted by the Company
from any money which is due or which may become due to the Contractor.
5.9.7.3 In the event Contractor propose substitution of any materials/equipment, it shall be the
Contractor's responsibility to prove to the Company's Representative that the materials/
equipment offered by him are equivalent or better in specifications than those specified in the
Contract.
Cost savings, if any, arising out of any substitution of materials/equipment shall be passed on
to the Company. Cost increase if any, due to substitution shall be borne by the Contractor. No
extension of time on this account shall be granted to the Contractor. The Contractor shall
obtain prior written approval from the Company's Representative for resorting to substitutions
of materials/equipment etc. It will be Contractor's responsibility to submit all relevant
documents including Vendor quotation/ invoice to establish reasonability of cost savings with
details proposed to be passed on to the Company.
Certificate of Completion and Acceptance of the Works or part of the Works shall be issued by
the Company subject to the provisions of following Clause 5.10.1, through 5.10.5.
5.10.1 When the whole of the Works have been completed in accordance with the Contract and have
satisfactorily passed tests prescribed in the Contract and are ready for final inspection, the
Contractor shall notify the Company in writing enclosing all the required documents and
reports for review and acceptance by the Company's Representative. The Contractor will also
notify the Company's Representative in writing within 7 days in advance regarding the likely
completion date of the Works.
As the work progresses, the Contractor shall continue to provide the required details and data
for review by the Company's representative to assist in the expeditious inspection of the Works
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when completed. The Company's Representative shall review promptly and revert within 14
days after receipt of such notice. If the works are found to be complete in all respect and
carried out in accordance with the Contract then the Company shall issue a Certificate of
Completion and Acceptance as provided for in Clause 5.10.2. If some defects and/or
deficiencies are noticed in the Works, the same shall be notified to the Contractor's in writing
within 14 days after receipt of Contractor's notice. Such defects and/or deficiencies attributable
to the Contractor's work and workmanship shall be rectified promptly by the Contractor at his
own expenses for which no extension shall be granted. The Contractor shall thereafter repeat
the procedure for giving notice as stated above. Should the Company fail to notify such
defects and deficiencies to the Contractor within the said period, the Works shall be
deemed to have been completed and accepted by the Company without comments.
5.10.2 If the Company is satisfied that the entire Works have been completed as specified in the
Contract and have successfully passed all tests provided in the Contract then the Company
shall issue a Certificate of Completion and Acceptance which certificate shall be effective from
the completion date which the Contractor had notified to the Company subject to the
Company's Representative certifying that the entire Works were completed by the Contractor
without any defect on the said notified completion date except for the Punch List items.
5.10.3 The Company may accept at its discretion installation of Roof Top and ground mounted solar
plant or any work which has been substantially completed to the satisfaction of the Company's
Representative at site and shall issue a part Certificate of Completion and Acceptance before
issuing a final Certificate of Completion and Acceptance referred to in 5.10.2 above.
Such part of the Works shall then be considered as completed by the Contractor except for
any outstanding item for that part of the Work which the Contractor shall agree to complete
before completion and acceptance of the entire Works. No extension of time or increase in
cost will be acceptable to the Company on this ground.
5.10.4 The Contractor shall not use or occupy any part of the Works unless its use or occupation has
5.10.5 Company's acceptance of the Works shall not operate as a waiver of the Company's rights
under guarantees in the Contract herein contained as to any short supply specified in the
Punch List and defects and deficiencies under Clause 6.1 of GCC.
5.10.6 Deleted
All Constructional Plant and Equipment, Temporary Works and materials provided by the
Contractor shall, when brought on the Site, be deemed to be exclusively intended for the
Construction and completion of the Works and the Contractor shall not remove them or any
part of them (save for the purpose of moving them from one part of the site to another) without
the written consent of the Company's Representative, which will not be unreasonably withheld
or delayed, subject, however, to the provisions contained in the Contract. Unless otherwise
specified in the Contract, upon completion of the Work the Contractor shall remove from the
Site all Constructional Plant and Equipment brought by the Contractor on to the Site and any
surplus materials.
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a. It is expressly understood that breakdowns of Contractor's Constructional plant and
Equipment on land or at works location during the execution of Works shall not be
regarded as physical conditions which could not have reasonably been foreseen by
Contractor and as such, the costs of such breakdowns and any resultant delays and
costs thereof will be to Contractor's account, unless such breakdown are caused by an
event of Force Majeure. In this case, the provision stated on Cl.7.5.2 of GCC shall be
applied.
b. The Contractor shall ensure that the Constructional Plant and Equipment brought by him
to the Site are in good working condition. The Company would need a certificate from
the Contractor that this Constructional Plant and Equipment before mobilization at Site
are adequate and in good working order to carry out the Works. The Company reserves
the right to inspect such Constructional Plant and Equipment upon its mobilization to the
site and the Contractor shall intimate to Company well in advance of mobilization of such
Constructional Plant and Equipment to Site to enable Company to arrange inspection.
However such an inspection by Company will not relieve the Contractor of his
responsibilities about the adequacy and fitness of Constructional plant and equipment.
c. The Contractor shall schedule repair and maintenance of his constructional plant and
equipment in such a way that constructional plant and equipment breakdown will not
delay completion of Works beyond the scheduled completion date. If the Contractor's
constructional plant and equipment experience breakdown of such frequency and type
that delay in completion of the Works beyond the scheduled completion date is probable,
the Contractor shall take immediate action, and replace such constructional plant and
equipment and/or mobilize suitable additional constructional plant and equipment in a
timely manner at no additional cost to Company so as to prevent delay in completion
beyond the scheduled completion date.
f. The Contractor will not demobilize any equipment, spread etc. deployed for the Works
without prior written approval of the Company which approval shall not be unreasonably
delayed or withheld.
5.11.3.1 The Contractor shall acquaint himself with all the formalities and procedures of Indian
Governmental agencies such as Customs, GST, licensing authorities etc.
It shall be sole responsibility of the Contractor to get the materials, equipment, constructional
plant and Equipment and other things required for the Works cleared from all Governmental
Agencies including but not limited to, Customs/ GST and pay all duties/
taxes/charges/fees/expenses including fines/penalties imposed, if any, except where
otherwise expressly provided in the Contract to be paid by the Company. The Contractor
shall be responsible for import of said Constructional Plant and Equipment, material,
equipment or other things. The Customs clearance will have to be obtained by the Contractor
as per Customs Law irrespective of whether Customs Duty is applicable or not applicable. As
regards examination of goods at site, the same shall be carried out by Customs Officer on
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 83 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
receipt of information. However, IGM and Bill of Entry shall be filed by the Contractor with the
Customs Authority well in advance of arrival of heavy equipment. The Contractor shall also
be responsible for re-export of said Constructional Plant and Equipment and any unused
materials after completion of the Works.
The Contractor shall obtain any and all necessary Governmental Clearance required for such
import/re-export, Company shall upon request from the Contractor along with necessary
details, provide recommendatory letter(s) as per DGHs prescribed pro-forma for obtaining
necessary Certificate from Directorate General of Hydrocarbons for availing the
concessions/exemptions for import of materials, consumables and spares for the Works etc.,
if applicable. However, the responsibility of obtaining necessary Certificate will be that of the
Contractor. Company shall also forward clarifications to DGHs queries, if any, with regard to
issuance of Essentiality Certificate after receipt of the same from the Contractor. Rendering
of such assistance will not make the Company liable for any time and cost effect.
5.11.3.2 The Contractor shall schedule all activities in advance, taking into account any possible
delays in complying with the aforesaid requirements. No extension of time shall be granted to
the Contractor on this account.
5.11.3.3 The Contractor shall defend and indemnify the Company against all claims, charges and
expenses whatsoever which arises on account of not obtaining requisite import/re-export
permit clearance and/or on account of not re-exporting his belongings including but not
limited to Constructional Plant and Equipment, unused materials, consumables, components
etc., expeditiously after completion of Works, in accordance with the Contract.
5.11.3.4 In the event of any part of the Works being damaged / lost subsequent to payment of
customs duty due to reasons not attributable to the Company, it shall be the Contractors
responsibility to make good the same through fresh import and to pay and bear the Customs
Duty applicable. However, recommendatory letter to the DGH for obtaining fresh necessary
certificate for replacement items will be furnished by company, if so requested by the
contractor along with proper justification for fresh import, without assuming any liability. In
case the said part of the works is not imported afresh as a result of mutual agreement
between the Contractor and the Company, the Company shall be entitled to recover the
Customs Duty already paid/ reimbursed to the contractor for such parts of the works from any
money due or which become due to the Contractor. In case the deficiency is restored
satisfactorily by the Contractor without recourse to fresh import, then Company will not
recover Customs Duty on such a loss or damage.
As regards import of items required for permanent incorporation in the works and consumable
for repair/replacement during the warranty period. Company shall provide the Contractor
without assuming any responsibility and liability with the recommendatory letter to DGH to
enable Contractor to obtain Essentiality Certificate from DGH, if applicable.
5.11.4 The operation of Clause 5.11.3 shall not be deemed to imply any approval by the Company's
Representative of the material or equipment or other matters referred to therein nor shall it
prevent the rejection of any materials or equipment at any time by the Company's
Representative.
The Company shall not at any time be liable for the loss of or injury to any of the
Constructional Plant and Equipment, Temporary Works or materials, except as otherwise
expressly provided for in the Contract.
5.12.1 Payment of works or part thereof whose price is subject to adjustment shall be based on
measurement of quantum of work executed and measured as stipulated herein. The
measurement of works shall be based on the "as installed" drawings which shall be prepared
based on latest revision of approved AFC and shop drawings and shall specifically, include
all the changes incorporated during the execution of the entire works with their reasons for
changes duly approved by Company. These drawings are required to be submitted along
within 90 days of completion of erection of respective items.
5.12.2 The Company's Representative shall ascertain and determine by a measurement the value in
accordance with the Contract, of Work done pursuant to the Contract.
5.12.3 Works shall be measured on "as installed" basis net of all loss and wastage of materials for
the purpose of payments under the Contract notwithstanding any general or local custom,
unless otherwise specifically prescribed in the Contract.
5.12.4 Deleted
5.12.5 Deleted
5.12.6 Deleted
5.12.7 Payments to the Contractor shall be based on above measurements from the approved bill of
materials, and in accordance with the agreed milestone payment formula and Appendix A-3
of the Contract.
5.13 No certificate other than the Discharge Certificate referred to in Clause 5.14.1 shall be deemed
to constitute approval of any Work or other matter in respect of which it is issued or shall be
taken as an admission of the due performance of the Contract or any part of it or of the
accuracy of any claim or demand made by the Contractor or of extra Work/Change Order
having been ordered by the Company nor shall any other certificate conclude or prejudice any
of the rights of the Company.
5.14.1 The Contract shall not be considered as completed until a discharge certificate has been signed
by the Company's Representative on behalf of the Company and delivered to the Contractor
stating that the Works have been completed and made good to the satisfaction of the
Company's Representative in accordance with the Contract.
5.14.2 The Discharge Certificate shall be issued by the Company's Representative within (28) twenty
eight days after the expiration of Guarantee period (or if different guarantee periods become
applicable to different parts of the Works then, without prejudice to the Company's
Representatives' rights upon the expiration of the latest of those periods) or as soon thereafter
as any Works ordered during that period have been completed to the satisfaction of the
Company's Representative in accordance with the Contract.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 85 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
In case Company fails to issue such Discharge certificate within the period prescribed herein
above without any reason having been notified to the Contractor in writing, the Discharge
Certificate shall be deemed to have been issued on the expiry of the above said period.
5.14.3 This clause (5.14) in its entirety shall have effect notwithstanding that the Company has entered
on or taken possession of the Works after completion or any part of the Works by virtue of any
agreement with the Contractor.
5.14.4 Neither the Company nor the Contractor shall be liable to the other for any matter or thing
arising out of or in connection with the Contract or doing of the Works unless the party asserting
the liability has given the other party written notice of its claim before the issuance of the last
Discharge Certificate under this clause.
5.14.5 Notwithstanding the issue of the Discharge Certificate, the Contractor and the Company shall
(subject to sub-Clause 5.14.4 of this clause) remain liable for the fulfillment of any obligation
incurred under the provisions of the Contract before the issue of the Discharge Certificate which
remains unperformed at the time the certificate in question is issued, and for the purposes of
determining the nature and extent of any said obligation the Contract shall be deemed to remain
in force between the parties.
5.15.1 General
The Contractor shall comply with the instructions for handling and storage, marking and loading,
etc., as detailed in the Contract and any other instructions which may be issued by the
Company in this behalf.
5.15.2 The Contractor shall load and stack the material in seaworthy condition conforming to the
prescribed standards in force to withstand land / ocean journey and insuring the safety of cargo
en-route and also arrival of material at ultimate destination in good condition. Each package
shall have on its outer side the following marking in English in indelible paints.
i) Port of loading
ii) Name of Contractor
iii) Port of destination
iv) Consignee particulars in brief
5.15.3 In addition to the markings stated above, each package approved by the Company's
Representative shall carry a serial number or other appropriate indelible marking/ identification
indicating the Company's Representative's certificate of quality and/or the Contractor's
certificate of quality and/or the Contractor's certification of inspection and other documents as
may be issued with reference thereto. The Company may also require that such marking /
identification shall be applied or affixed by the Contractor in the presence of the Company's
Representative. If the spare parts / additional items on arrival in India, are found not conforming
(except transit damage) to prescribed specification or are deficient in quality or quantity,
Contractor shall replace the same at his own cost.
5.15.4 The Contractor shall ensure that no packages are shipped unless marked to comply with all the
instructions of the Company.
5.15.5 Markings shall be correlated in invoices, packing list and on bill of landing, express receipt of
mailing certificates exactly as they appear on the equipment/ materials.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 86 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
The supply of loose items, spares and consumables for setting up of Roof Top and ground
mounted Solar Power Plants and O&M including shall be in the scope of Contractor. The
supplier shall maintain and shall be responsible for furnishing of all spares, consumable,
material etc. required for testing, trial runs, pre commissioning, commissioning, O&M for 5
years of the Roof Top and ground mounted Solar plant at no extra cost to company.
5.16.1 Deleted
5.16.2 Deleted
5.16.3 Deleted
5.16.4 Deleted
5.16.5 Deleted
5.16.5.1 Deleted
5.16.5.2 Deleted
5.16.5.3Spare parts and consumables for commissioning and lubricants / chemicals / consumables for
testing and pre-commissioning / commissioning shall be shipped / transported to the Site so as
to be available prior to pre-commissioning activities. These items shall be delivered directly at
the Site.
All spare parts furnished by the Contractor shall be wrapped and packaged so that they will be
preserved in original and as-new condition under normal conditions of storage to be anticipated
in India and shall be properly tagged and coded so that later identification as to its intended
equipment usage will be facilitated. They shall be packaged separately and clearly marked as
Spare Parts and shipped in accordance with the Companys instructions.
The procedure to be followed by Contractor in shipping materials for the Works will be
communicated by the Company to the Contractor after the award of Contract.
5.16.5.5 Deleted
The Contractor shall provide a list of pre-Commissioning/ Commissioning spares item wise
within a period of 6-9 weeks of placement of order for each equipment. Contractor shall
ensure availability of all the spares at site before commencement of pre-commissioning
/commissioning of all facilities. The Contractor shall supply the pre-
Commissioning/commissioning spares and maintenance tools at no extra cost to the
Company.The Company shall provide the Contractor, without assuming any responsibility and
liability, with the recommendatory letter to Director General of Hydro-Carbons to enable
Contractor to obtain necessary Certificates from Director General of Hydro-Carbons, if
applicable.
5.16.6 Deleted
The contractor shall ensure delivery of loose items at respective plants as detailed in bidding
documents at start of erection works at no extra cost to the Company.
Notwithstanding anything contained elsewhere in the Contract, the Contractor shall make its
own arrangements for all the facilities/resources required to carry out the work including but
not limited to crane and material handling, living accommodation, power and water supply etc.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 87 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Companys crane and any other hoists, living accommodation, etc. shall not be available for
Contractor's use. However, if the same can be spared then the Company at its discretion may
permit their use by Contractor on chargeable basis. The rates applicable shall be same as
given in Contractor's rental rate schedule. In case rates are not available in Contractors rental
rate, charges shall be recovered as per the rates applicable from time to time or as decided by
Company.
Company shall furnish to the Contractor the details of recoveries (for use of Companys
facilities) made from the Contractors Invoices upon receipt of such request from the
Contractor.
5.18.1 The contractor should use their own equipment/ facilities as per the scope of work and should
not use the equipment/facilities hired/owned by ONGC, unless specifically mentioned in the
contract.
5.18.2. The contractor shall make its own arrangement for Electricity &soft water during EPC and up to
O&M ( For drinking & cleaning of modules etc). ONGC will not responsible to arrange the
utility.
Notwithstanding anything contained elsewhere in the Contract, the availability of the Work front
shall be finalized by the Contractor in consultation with the Company. Planning of construction
activities shall accordingly be made without affecting the overall schedule of completion. It is
likely that the other contractors/ agencies may by carrying out their activities at the same site.
It is imperative that the contractor shall coordinate with other contractors/ agencies if required
and necessary as and when instructed by the Company in writing.
Accordingly, if required by the Company, Contractor shall divert its Resources and develop
work schedules covering the entire scope entrusted to him. These schedules shall be
discussed with other contractors/ agencies along with Company's representative and should it
become necessary to further modify the schedules, to avoid/ minimize interference, needful
shall be done without jeopardizing the overall completion schedule.
The Contractor shall make such diversions inter site(s) movements of Resources as per
Companys representatives instructions in accordance with clause 5.3.5.
5.20.1 The Contractor shall comply with all the laws, rules and regulations including but not limited to
those related to security matters (Clause 5.3.11) Contract Labour (R&A) Act, Minimum Wages
Act etc. and shall keep the Company harmless and indemnified for any action brought against
it for any violation/non-compliance of any of the Acts etc.
5.20.2 The Contractor shall give all notices and pay/bear all duties, taxes, charges, fees and
expenses except where otherwise expressly provided in the Contract required to be given or
paid by any national or state statute, ordinance or other law or any regulation or by-law of any
international, local or other duly constituted authority in relation to the performance of the
works or of any temporary works and by the rules and regulations of all public bodies and
companies whose property or rights are affected or may be affected in any way by the works
or any temporary works. The Contractor shall acquire all permits, approvals and or licenses
from all local, state or central government authorities or public sector undertakings in the
country where the site is located, which such authorities require the Contractor to obtain in his
name and which are necessary for the performance of the Contract including import licenses
for materials and visas for the Contractor's and sub-contractors personnel and entry permits for
all imported constructional plant and equipment and shall acquire all other permits, approvals
and/or licenses which are not the responsibility of the Company and which are necessary for
the performance of the Contract.
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GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
However, Company shall assist Contractor and/or sub-contractor upon receiving written
request from Contractor to acquire the necessary permit, approvals and/or licenses including
work permit, visas and import licenses from all local, state or central govt. authorities or public
sectors to the extent of issuing recommendatory letters and documents mandatorily required to
be submitted by company to the concerned authorities without assuming any liability
whatsoever.
5.20.3 The Contractor shall comply with and conform in all respects, and shall ensure that all his sub-
contractors also comply with and confirm in all respects with the provisions of any statute,
ordinance or law as aforesaid and the regulations or by laws of any international, local or other
duly constituted authority which may be applicable to the works or to any temporary works and
with such rules and regulations of public bodies and companies as aforesaid and shall be
responsible for all costs arising from compliance and/or violation of the same and shall keep
the Company indemnified against all penalties and liabilities of every kind for breach of any
statute, ordinance or law, regulations or bye-law.
5.20.4 Without limitation of the generality of clause 5.20.3 the Contractor shall observe and comply
with and shall ensure that all his sub-contractors also observe and comply with the laws,
regulations or requirements of any states which are littoral states with respect to any sea areas
comprised at the site and of any international authority or international convention or other rule
of international law or custom applicable thereto for establishing or regulating freedom of
navigation on the high seas, conservation and protection of fisheries, policing and jurisdiction
in territorial water and exercise of sovereign rights over the sea-bed.
5.20.5 Deleted
5.20.6 Subject to provisions of the Contract, the Contractor shall defend, indemnify and hold the
Company harmless from and against all penalties, liabilities, damages, claims, fines and
expenses of whatever nature arising out of or resulting from the violation of such laws or rules
or regulation having the force of law within the scope of clause no. 5.20.3, 5.20.4 and 5.20.5 by
the Contractor or his sub-contractors including their personnel.
5.20.7 All fossils, coins, articles of value of antiquity and structure and other remains or things of
geological or archeological interest discovered at the site or during the works shall be the
absolute property of the company. the contractor shall take reasonable precautions to prevent
its workmen or any other persons from removing or damaging any said article or thing and
shall immediately on discovery thereof and before removal acquaint the Company's
representative of the discovery and carry out at Company's cost the disposal of it at the
Company's Representatives orders at rates to be mutually agreed where such rates are not
available in the Contract.
5.20.8 Contractor shall take all necessary steps in order to equip themselves to avail of all
concessions/ exemptions permissible under the statutes including the benefits GST Rules
2017 failing which they will have to bear extra cost where Contractor does not avail
concessional rates/ exemptions of levies like Customs duty, GST etc. and Input Credit on input
service / capital goods.
5.20.9.1 The contractor shall furnish valid EPF code number together with supporting relevant
document duly notarized by notary public to this effect along with his Bid.
(or)
Bidder should furnish an undertaking to obtain a EPF code number from PF commissioner
within 30 days of placement of Notification of Award (if applicable) and furnish the same
together with supporting relevant document duly notarized by notary public to ONGC.
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GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
5.20.9.2 The contractor shall obtain license under Contract Labour (R&A) Act 1970 read with rules
framed there under and furnish the same to ONGC within 15 days of the issue of letter for
award of CONTRACT failing which the letter of award of contract shall be cancelled /
terminated without any further notice and his Bid bond (EMD) AND / OR performance
guarantee (SD) shall be forfeited. The contractor shall insure payment of minimum wages as
per labour laws.
i) No labour below the age of 18 (eighteen) years shall be employed on the WORK.
ii) The Contractor shall not pay less than what is provided under the law to laborers engaged
by him on the WORK.
iii) The Contractor shall be responsible for strict compliance of and shall ensure strict
compliance by its SUB-CONTRACTOR, servants and agents of all labour laws, other
laws, rules and regulations having the force of law, affecting the relationship of employer
and employee between the Contractor/SUB- Contractor and their respective employees
and keep the Company indemnified in respect thereof.
iv) The Contractor shall pay equal wages for men and women in accordance with applicable
labour laws.
v) In addition to above rules and regulations as contained in Contract Labour, Regulation
and Abolition Act-1970 will also be applicable to this CONTRACT.
vi) If the Contractor is covered under the Contract Labour (Regulation and abolition) Act, he
shall obtain license from licensing authority (i.e. office of Labour Commissioner) by
payment of necessary prescribed fees and deposit if any before starting the work under
contract.
The CONTRACTOR shall comply with the provisions of the Apprentices Act 1961 and the
Rules and orders issued there under from time to time. If he fails to do so, his failure will be a
breach of the contract and the COMPANY may, at his discretion, cancel the CONTRACT. The
CONTRACTOR shall also be liable for any pecuniary liability arising out of any violation by him
of the provisions of the Act.
ii) PAYMENT OF CLAIMS AND DAMAGES: Should CONSULTANT or the COMPANY have
to pay any money in respect of such claims or demands as aforesaid the amount so paid
and the costs incurred by CONSULTANT or the COMPANY shall be charged to and paid
by the CONTRACTOR and the CONTRACTOR shall not be at liberty to dispute or
question the right of the of CONSULTANT or the COMPANY to make such payments
notwithstanding the same may have been made without his consent or authority or in law
or otherwise to the contrary.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 90 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
iii) In every case in which by virtue of the provisions of section 12, SUB-Section (i) of
Workmen's Compensation Act, 1923 or other applicable provision of workmen's
Compensation act or any other act, the COMPANY is obliged to pay compensation to a
workman employed by the CONTRACTOR in execution of the work. The COMPANY will
recover from the CONTRACTOR the amount of the compensation so paid, and without
prejudice to the rights of the COMPANY under section 12, SUB-Section (i) of the said act,
COMPANY shall be at liberty to recover such amount or any part thereof by deducting it
from the Contract Performance Guarantee or from any sum due to the CONTRACTOR
whether under this contract or otherwise. CONSULTANT or the COMPANY shall not be
bound to contest any claim made under section 12, sub-section (i) of the said Act, except
on the written request of the CONTRACTOR and upon his giving to CONSULTANT
/COMPANY full security for all costs, for which CONSULTANT or the COMPANY might
become liable in consequence of contesting such claim.
In respect of all labour directly or indirectly employed in the WORK by CONTRACTOR for the
performance of his CONTRACT, CONTRACTOR shall comply with or cause to be complied
with all the rules and regulations of the local sanitary and other authorities or of
CONSULTANT or the COMPANY as applicable from time to time for the protection of health
and sanitary arrangements for all workers.
SAFETY REGULATIONS:
i) In respect of all labour, directly or indirectly employed in the WORK the CONTRACTOR
shall at his own expense arrange for all the safety provisions as per safety codes of
Central Public Works Department, Indian Standards Institutions, the Electricity Act, the
Mines Act, Regulations, Rules and Orders made there under and such other Acts as
applicable.
ii) The CONTRACTOR shall observe and abide by all fire and safety regulations of
consultant and the COMPANY. Before starting construction work, CONTRACTOR shall
consult safety engineers of consultant or the COMPANY and Company and must make
good to the satisfaction of Company any loss or damage due to fire to any portion of the
work done or to be done under this CONTRACT or to any of the existing property of the
COMPANY.
iii) SAFETY PRACTICE: As Roof Top and ground mounted solar plants is to be installed on
all ONGC buildings, the WORK shall be carried out as per the safety practices enforced,
by the Safety Engineer of the ONGC and instructions of Plant Manager issued from time
to time. Safety is the essence of this CONTRACT. Many times it may happen that the
working hours shall be drastically reduced or increased to meet certain safety
requirements and CONTRACTOR shall meet these requirements without any hesitation
or argument and cost.
iv) WORK PERMIT SYSTEM: In adjoining areas to the operating plant, the WORK shall be
carried out on hot work permit basis. Obtaining hot work permit and satisfying all
conditions laid down therein, by the Safety engineer shall be the responsibility of the
CONTRACTOR. No claim for idling of machinery, plant and man-power for safety reasons
or non-issuance of safety permit by the safety engineer shall be considered. The
CONTRACTOR shall abide by all safety regulations of the plant as well as ensure that
safety equipment as stipulated in the Factory Act (latest edition) is issued to his
employees during the execution of the WORK. Failure to use safety equipment as
required by ENGINEER will be sufficient reason for cancellation of this CONTRACT. The
ENGINEER may also suspend all WORK at SITE, if he finds CONTRACTOR's workmen
adopting unsafe practices. Suspension / stoppage of such work and cost & time effect
thereof shall be to Contractors account. Only steel scaffolding shall be used wherever
required.
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GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
v) Delete
vi) Movement of vehicles and parking shall be strictly as per COMPANY's safety
requirements.
vii) Entry within plant area shall be restricted and regulated with entry passes issued by
safety/security personnel of the COMPANY, which shall be valid for a period indicated
thereon, these entry passes will be issued/renewed by COMPANY from time to time.
viii) CONTRACTOR shall provide experienced safety engineers / supervisors other than
construction supervisors for each work centre/work permits within the operating plant
throughout the working at no extra cost to COMPANY.
ix) CONTRACTOR shall provide his own experienced supervisory staff fully conversant with
fire-fighting. The fire hydrants, wherever available in the operating plant area, shall be
used with hose connections, to be provided by the CONTRACTOR, in every location
where hot work is being carried out. However, where fire hydrants are not available,
CONTRACTOR shall make his own fire-fighting arrangements and provide all preventive
methods as are necessary such as
x) To obtain duty passes for all the personnel well in advance from the security section after
providing the prescribed declaration forms along with 2 (two)-passport size photographs
in respect of each person.
xi) To ensure that none of the personnel carry any type of cameras and do any photography
in or around any of our projects, photography on or around work locations is completely
prohibited.
xii) To ensure that all personnel display the Non-employee duty passes issued by the
security section, while on work.
xiii) To ensure that all the personnel engaged by them abide by the security and discipline
rules prescribed from time to time by the security section.
5.20.10.1 CONTRACTOR shall be responsible for obtaining statutory approval from authorities like
DGMS, IBR, CCOE, Municipal Corporation, Development Authorities, Electricity Deptt.,
Electrical Inspector, Inspector of Factories, Central Pollution Control Board/State Pollution
Control Board, State Fisheries Deptt., State E&D Department, Water Board, State
Electricity Regulatory commission, State Distribution Companies, and any other
concerned authority; as required for the execution/completion of the WORK before
starting the work.
5.20.10.2 Company shall obtain environmental clearance and process the case, with mandatory
deposits, to obtain statutory approvals from authorities like State Pollution Control
Board/Central Pollution Control Board, State Fisheries Department, Water Board, Railway /
canal / river / highways /roads authorities. However, the contractor shall liaise, on behalf of
the company, with regard to filling of application and obtaining necessary statutory
approvals, along with all required certificates / documentation etc.
5.20.10.3 The application on behalf of the ONGC for submission for any statutory inspection along
with copies of required certificates complete in all respects shall be done by CONTRACTOR
and submitted to the Company for onward transmission well ahead of time so that the actual
commissioning of equipment is not delayed for want of inspection by the Inspector. The
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
actual completion of work of statutory inspection shall be arranged by the CONTRACTOR
and necessary coordination and liaison work in this respect including charges and fees
thereof shall be the responsibility of CONTRACTOR.
5.20.10.4 Inspection and acceptance of the work by ONGC/ statutory inspection authorities shall not
relieve the CONTRACTOR from any of his responsibilities under the Contract.
5.20.10.5 The Contractor shall comply with all statutory requirements, including but not limited to those
as specified above and shall keep the Company harmless and indemnified for any action
brought against it for any violation/non-compliance of any of the Acts etc.
The company may appoint a reputed international consultant (s) as a certification agency (s)
at its own cost for inspection and certification of works.
The Contractor shall meet the requirements of the Certification and TPI agencies and their
back up consultants and shall also be responsible to co-ordinate with the Certification and
TPI agencies in supplying to them in a timely manner, specifications, drawings, plans,
calculations and all such other information relating to the Work as may be required by the
certification and TPI agencies from time to time including assistance at the appropriate Sites
to carry out their Work.
The Contractor shall ensure at his own cost quick supply of required copies of documents
/ drawings to the Certification and TPI agency as well as Company and consultants by
fastest courier service available.
Notwithstanding, the stipulation contained above with regard to period of shutdown, it shall be
Contractor's endeavor to avoid / minimize the period of shutdown at Plant and carry out as
much modification job as safely possible without taking shutdown.
Prior to finalizing the shutdown period (if any) the contractor shall also obtain necessary
inputs/confirmation from the concerned vendors/and incorporate the same in the proposal for
company's review/approval.
6.1.1 The Contractor agrees to ensure that all materials, equipment and components used in
execution of the works under this Contract, shall be new and unused (not reconditioned) and of
recent manufacture which shall in no case be of a date of manufacture older than one year from
the date of delivery to the company (This delivery date shall be effected after Notification of
Award) at the yard/site as the case may be and however, structural steel shall in no case be of a
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date of manufacture older than 2 years from the date of delivery at the yard/site as the case
may be. The Contractor shall give warranty or guarantee that every Work executed under this
Contract shall be free from all defects and faults in design and engineering, materials
workmanship and handling etc., and shall be consistent with established and accepted
standards for materials and workmanship of the type ordered and in full conformity with the
design, drawings, specification, or sample, if any, and shall if operable, operate as per design,
drawings, specifications and samples if any, and other stipulated conditions in accordance with
the Contract. This warranty or guarantee shall survive inspection of, payment for and
acceptance of the plant, machinery and equipment and shall be valid for a period of 60 months
from the date of issue of Certificate of Completion and Acceptance or 60 months from the date
of issue of part Certificate of Completion and Acceptance of the respective part(s) of the works
accepted and taken over by the Company as per provisions of Clause 5.10.3. The 60months for
the punch list items will start from the date of completion of Punch List.
6.1.2 If during the aforesaid period, the said RTS plant ,machinery including module, String Inverter,
cables, A.C and D.C. Isolator Switch, Transformer and other equipment used in RTS plant be
discovered not to conform to the description and quality aforesaid or have deteriorated
otherwise than by fair wear and tear or than by Companys act or omission, the Contractor shall
promptly and at its cost repair/replace or otherwise make good such defects as well as any
damage to the works caused by such defect. If the Contractor fails to replace/repair such
defective plants equipment within a reasonable time depending upon exigency of the situation,
then the Company will be entitled to deploy other agencies to carry out the same after advising
Contractor of its intention and if such Work which was the liability of the Contractor to do at his
own expense under the Contract, then all actual repairing/replacement cost and also physical
damage sustained on account of such defective material by any other associated or allied plant,
equipment and structures and other facilities forming part of the Works shall be recoverable
from the Contractor.
The Contractor agrees to make payment against such claim within 30 days of receipt thereof. If
the Contractor fails to pay the amount to the Company within 30 days from the receipt of the
invoice then amount may be deducted by the company from any money which is due or may
become due to the Contractor including Company's right to encash the performance bank
guarantee furnished by the Contractor in accordance with provision of Clause 3.3.
6.1.3 The period of warranty or guarantee for any part of the works shall be as specified in clause
6.1.1. If the works or any part thereof cannot be used by reason of such defect / damage
and/or making good of such defect, and/or damage the warranty or guarantee period of the
works or such part thereof as the case may be shall be extended by a period equal to the
period during which the works or such part thereof cannot be used by the Company due to any
of the aforesaid reasons. The Contractor shall arrange for the performance guarantee to remain
valid until the expiration of the extended warranty or guarantee period with respect to such part
of the works.
6.1.4 To the intent that during the period of warranty or guarantee the Works shall remain in as good
condition (fair wear and tear excepted) as they were at the beginning of the period of
warranty or guarantee and that all plant, machinery, equipment, thing or process shall
continue to perform or operate (fair wear and tear excepted) during the period of warranty or
guarantee in accordance with all relevant Contract specifications or Contract conditions. The
Contractor shall do all repair, amendment, reconstruction, rectification and making good of
defects, imperfections, shrinkages and settlements, including where necessary the repair or, if
repair proves impossible, the replacement of any plant, machinery, equipment thing or
process, which the company requires of the contractor in writing during the warranty or
guarantee period or within fourteen days after the expiration of the period of warranty or
guarantee as a result of any inspection made during the period of the warranty or guarantee.
As regards import of required items for repair or replacement during warranty or guarantee
period, Company shall provide Contractor without assuming any responsibility and liability with
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the recommendatory letters to DGH on request by Contractor to enable Contractor to obtain
necessary certificates from DGH.
6.1.5 The Contractor shall ensure that all guarantees or warranties issued by manufacturers of critical
plant, machinery, equipment supplied by Contractor or by Contractor's sub-contractors and
covering the performance of the said material and equipment supplied by them be issued in the
joint names of the Contractor and the Company such that the Company enjoys the same
benefits and protection provided by any such guarantees or warranties as does the Contractor.
The issuance or existence of any such guarantees or warranties shall however in no way relieve
the Contractor of his obligations under the Contract, in particular with reference to the provisions
of this section.
6.1.6 The Contractor shall be and remain responsible during the period of warranty or guarantee for
making good with all possible speed any defects arising from Contractor's defective design and
engineering (other than a design made, furnished or specified by the Company and for which
the Contractor has disclaimed responsibility in writing within 15 days time after receipt of the
Company's instruction) of the aforesaid structure, plant, equipment which may develop under
the conditions provided for in the Contract and under proper use in the works or any portion
thereof.
6.1.7 The Contractor shall carry out all the works and supply and install all replacement materials and
equipment pursuant to this section at no additional cost to the Company including the cost of
timely transport of materials and equipments to site if the need for the work is due to poor
workmanship or faulty materials, plant, equipment or process supplied by the Contractor or due
to the use of materials or equipments not in accordance with the Contract or specifications or
due to neglect or failure of the Contractor to comply with any obligations.
6.1.8 In case of spare part supplied under the Contract the Contractor shall be fully responsible during
the warranty or guarantee period for the correctness of the parts and their proper fitment to the
machine for which the same are ordered. The Contractor shall replace such parts which may
require replacement under the warranty or guarantee clause free of the cost to the Company
within the shortest possible time. In case of supply of plant, machinery and equipment, the
Contractor shall use its best endeavours to ensure that vendor will supply spare parts as and
when required for an agreed period. The agreed basis would be:
b) Before going out of production for spare parts vendor should give adequate advance notice to
the company so that the company may decide on procurement of the balance of the life time
requirement of spares.
6.1.9 During the warranty or guarantee period if the Contractor is requested by the Company to visit
the site for checking and carrying out remedial work of facilities and equipments, all expenses
towards personnel, traveling to and from the site, living and accommodation etc. while in India
for remedial works shall be borne by the Contractor unless such defects are caused by the
Company or Company's agents/other contractors.
6.1.10 No warranty or guarantee other than what is mentioned in 6.1.1 to 6.1.8 expressed or implied is
made by Contractor and all such warranties or guarantees are hereby specifically excluded.
Company specifically waives any right to assert such claims for any other warranties or
guarantees not provided for in this Section 6" irrespective of the basis for such claims.
6.1.11 The above warranty or guarantee condition shall not apply for the part of the works in the
event that the structures/ facilities have been modified without consent of the Contractor and/or
equipment have been used/operated by the Company disregarding operating instructions
provided by the Contractor and/or equipment manufacturer.
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6.2 Consequential Damages
6.2.1 Subject to provisions of clause 6.3.2 neither the Contractor nor his sub-contractor shall be
responsible for or liable to the Company or any of their affiliates for consequential damages
which shall include but not be limited to loss of profits, loss of revenue, loss or escape of
product (hydrocarbons) or facilities downtime, suffered by the Company or any or its affiliates,
and the Company shall protect, defend, indemnify and hold harmless the Contractor and his
sub-contractors from such claims even if such liability is based or claimed to be based upon:
i) Any breach by the Contractor or sub-contractor of his obligations under the Contract.
OR
ii) Any negligent act or omission in whole or in part, of the Contractor or of any of his
affiliates or Sub-contractor or their personnel or any of them in connection with the
performance of the Works.
6.2.2 The Company or its other contractors or their personnel shall in no event be responsible for or
liable to the Contractor or his Sub-contractor for consequential damages suffered by the
contractor or his sub-contractor including without limitation to business interruption or loss of
profits etc. The Contractor shall protect, defend, indemnify the Company, its employees,
appointed representatives, agents and other Contractors, etc., from such claims even if such
liability is based or claimed to be used upon:
OR
ii) Any negligent act or omission on the part of the Company or any of its employees,
agents or other Contractors or appointed representatives in connection with the
performance of the Works.
6.3.1 Completion
6.3.1.1The Scheduled Completion period for the works described in the bidding documents shall be 7
month for general category states and 9 months for Special category states of India from the
date of placement of LOA:.
6.3.1.2 Contractor agrees that time shall be the essence of the Contract and subject to any
requirement(s) in the Contract Specifications as to the time of completion of any part(s)/ stages
of activity (ies) of the Works before completion of the whole of the Works, the whole of the
Works shall be completed within the Scheduled Completion date as mentioned above or the
extended date (extended as per provisions of the Contract) of completion of the Works.
Notwithstanding the above provisions, the Company reserves in itself the right, if the
exigencies of the project under consideration so required, to phase out the completion of any
part of the Works by mutual agreement in writing.
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Time is the essence of the contract. If the Contractor fails to achieve the entire work by the
scheduled completion date, ONGC may without prejudice to any other right or remedy
available to it as under the Contract or Law:
i) Recover from the Contractor as ascertained and agreed Liquidated Damages and not by
way of penalty, sum equivalent to % of the Total Contract Price for each week of delay
occurred or part thereof beyond the Scheduled Completion date subject to a maximum of
10% of the Total Contract Price even though ONGC may accept delay in Completion of
work after the expiry of the Scheduled completion date. However, if contractor has
completed certain part of the work within the scheduled completion date and the said
apart is ready for use and is accepted by ONGC pursuant to clause No 6.3.1, then in that
event, Liquidated Damages shall be leviable only on the Contract Price for the balance
work remaining incomplete as on the scheduled date of completion.
AND / OR
ii) Terminate the Contract or a portion or part of the Work thereof. ONGC shall give 14 days
notice to the contractor of its intention to terminate the Contract and shall so terminate the
contract unless during the 14 days notice period, the Contractor initiates remedial action
acceptable to ONGC.
In case the Contractor is unable to complete the work by the schedule completion date, it may
request ONGC before expiry of the scheduled completion date, to allow further time for
performance of the contract indicating its willingness to pay the LD amount as agreed at (i)
above. ONGC may at its discretion allow further time as requested by the Contractor with or
without levy of LD.
The parties agree that the amount of LD provided herein is a genuine pre-estimate of the
loss/damage which will be suffered on account of delay on the part of the Contractor and the
said amount shall be payable on demand without there being any proof of the actual loss or
damage caused by such delay/breach.
The applicable GST on the LD shall have to be borne by the contractor. Accordingly, the
liquidated damages shall be recovered from the contractor along with applicable GST.
LD will be calculated on the basis of contract price excluding duties and taxes, where such
duties/taxes have been shown separately in the contract.
The amount towards Liquidated Damages shall become leviable from the original completion
date as described in clause 6.3.1.1 and Note of Clause 6.3.2 of GCC or from the expiry of the
extension, if any, given by ONGC without levy of LD. Applicable LD as on date shall be
recovered progressively from balance due payment on pro-rata basis.
ONGC may without prejudice to its right to effect recovery by any other method, deduct the
amount of Liquidated Damages from any money belonging to the Contractor in its hand (which
includes ONGCs right to claim such amount against Contractors Bank Guarantee) or which
may become due to the Contractor. Any such recovery of Liquidated Damages shall not in any
way relieve the Contractor from any of its obligations to complete the Works or from any other
obligation and liabilities under the Contract.
In case of delay in completion of the Project, if the Contractor so desires, then ONGC may
accept a Bank Guarantee from the Contractor in lieu of levy of LD for the amount which has
been deducted / proposed to be deducted. In case the contractor submits a BG in lieu of LD
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which has been deducted / proposed to be deducted, the amount withheld on account of LD
would be released/ LD would not be deducted. The unconditional and irrevocable Bank
Guarantee shall be drawn in favour of ONGC as per the proforma given at Appendix-26. The
Bank Guarantee shall be initially valid from the date of submission up to a period of one year
beyond the revised completion date and shall be kept valid till the final settlement is arrived
mutually or through Conciliation/ Arbitration/ Court. Upon submission of the Bank Guarantee
and its acceptance by ONGC, the amount withheld on account of Liquidated Damages as per
Clause No 6.3.2, shall be released to the Contractor.
The contractor will give bank guarantee from any of the following categories of banks:
(a) Any scheduled bank incorporated in India, Bank Guarantee issued by foreign branches/
foreign offices of such scheduled banks be counter guaranteed by the Indian Branch of any
Scheduled Bank incorporated in India.
Or
(b) Any Branch of an International Bank situated in India and registered with Reserve Bank of
India as scheduled foreign bank.
Or
(c) Any foreign Bank which is not a Scheduled bank in India provided the Bank Guarantee
issued by such bank is counter guaranteed by any branch situated in India of any Scheduled
Bank incorporated in India.
After final settlement of the issue regarding levy of LD as per the provisions of the contract, the
applicable LD shall be remitted by the Contractor to ONGC, failing which the amount of LD
shall be recovered by invoking the Bank Guarantee.
6.3.3 If before completion of whole Works under the Contract any part has been completed and
accepted by the Company pursuant to clause 5.10.3, the liquidated and ascertained Damages
shall for any period thereafter be reduced in the proportion which the value of the part so
completed bears to the value of the whole Works.
i) PR Test: The PR Test needs to be carried out within 60 days after commissioning of the
project. The PR test should be conducted for a period of 15 days and PR obtained should not
be less than 75 %.
In case the PR during the above mentioned period falls below 75%, then ONGC will recover
from contractor as agreed Liquidated Damage and not by way of Penalty as under
: For every % (or part thereof) shortfall in actual PR obtained than 75%, contactor shall pay to
ONGC at % of contract value of the project.
In case actual PR is less than 70% during the PR, the contactor shall have to rectify defects in
the solar PV system or replace or add more solar modules as the case may be in the manner
that PR obtained is not less than 75% or else 12.2% PBG amount will be forfeited.The
applicable GST on the LD shall have to be borne by the contractor. Accordingly, the liquidated
damages on account of PR test shall be recovered from the contractor along with applicable
GST.
6.4 Indemnity
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Unless otherwise specified elsewhere in this CONTRACT, Contractor shall indemnify and keep
indemnified Company, its other contractors and/ or sub-contractors and its/their employees from
all actions, proceedings, suits, claims, demands, liabilities, damages, losses, costs, charges,
expenses (including without limitation, wreck or debris, removal costs, where wreck or debris
removal is ordered by a competent authority) judgments and fines arising out of or in the course
of, or caused by the execution of work under the Contract or other obligations hereunder
directly or indirectly associated herewith and or arising from:
ii) Subject to clause 6.4.4 (a) (i) any other person to the extent the injury, illness or
death is caused by the negligence or fault of the Contractor or Contractors
personnel or subcontractors or subcontractors personnel and
ii) Subject to clause 6.4.4 (b) (i) any other property to the extent the loss or damage is
caused by the negligence or fault of the Contractor or Contractors personnel or
subcontractors or subcontractors personnel.
6.4.2 The Contractor shall defend and indemnify the Company against all claims and proceedings for
or on account of infringement of any patent rights, design, trade mark, or name or other
protected rights in respect of any plant equipment, construction plant and equipment,
machinery, works, materials or process used for or in connection with the Works or Temporary
Works or any of them and against all claims, proceedings, damages, costs, charges and
expenses whatever in connection with works or temporary Works.
6.4.3 The Contractor shall defend and indemnify the Company against any liability for damages on
account of noise or the disturbance created during or in carrying out the works and against all
claims, demands, proceedings, costs, charges and expenses whatsoever in that connection.
Unless otherwise specified elsewhere in this CONTRACT, Company shall indemnify and keep
indemnified Contractor (which expression in this clause includes, unless the context otherwise
requires, Subcontractors of any tier and its and their employees) from all actions, proceedings,
suits, claims, demands, liabilities, damages, losses, costs, charges, expenses and fines arising
from :
ii) Subject to clause 6.4.1(a) (i) any other person to the extent that the injury, illness or
death is caused by the negligence or fault of Company; and
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i) Any property owned, hired or supplied by Company (even if caused by or contributed
to by the negligence or fault of Contractor); except to the extent that such property is
in the care or custody of Contractor in connection with the work under the Contract.
ii) Subject to clause 6.4.1(b) (i) any loss or damage to any other property to the extent
the loss or damage is caused by the negligence or fault of Company
Notwithstanding anything contained in any provision of this Contract, Company shall defend,
indemnify and hold Contractor harmless from and against any losses, damages, cost or claims
relating to Companys existing property except in case of gross negligence or willful misconduct
of the Contractor, its Sub-Contractor their agents or employees, in which case the Contractor
shall be liable to bear any loss or damage occurring to the Property of the Company as a result
of its gross negligence or willful misconduct, provided however, that such liability shall be limited
to 50% of the annualized Contract Price.
Gross Negligence means: any act or failure to act (whether sole, joint or concurrent) by a
person or entity which was intended to cause, or which was in reckless disregard of or wanton
indifference to, avoidable and harmful consequences such person or entity knew, or should
have known, would result from such act or failure to act. Notwithstanding the foregoing, Gross
negligence shall not include any action taken in good faith for the safeguard of life or property,
6.4.6 Notwithstanding any other provisions, except only in cases of willful misconduct and / or criminal
acts,
a) Neither the Contractor nor the Company (ONGC) shall be liable to the other, whether in
Contract, tort, or otherwise, for any consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided however that this exclusion shall
not apply to any obligation of the Contractor to pay Liquidated Damages to the Company
and
c) Company shall indemnify and keep indemnified Contractor harmless from and against
any and all claims, costs, losses and liabilities in excess of the aggregate liability amount
in terms of clause (b) above.
Notwithstanding any other provisions, except only in cases of willful misconduct and/or
criminal acts,
a) Neither the Contractor nor the Company (ONGC) shall be the liable to the other, whether
in contract, tort, or otherwise, for any consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided however that this exclusion shall
not apply to any obligation of the Contractor to pay Liquidated Damagesplus GST thereon
to Company and
c) Company shall indemnify and keep indemnified Contractor harmless from and against
any and all claims, costs, losses and liabilities in excess of the aggregate liability amount
in terms of clause (b) above.
7.1.1 Ownership of materials shall be transferred to the Company upon the date of issuance of
certificate towards part completion or completion and acceptance of works.
7.1.2 Ownership of the construction Equipment used by the Contractor and its sub-contractors in
connection with the Works shall remain with the Contractor and its sub-contractors.
If during pre-construction/pre-erection survey the Contractor observes that the Site conditions
are at variance to what has been provided in the Contract, the time and cost effect shall
thereupon be governed by clause 5.4
7.3.1 Within 45 (30 days for submission of certificate of Insurance and 45 days for
submission of policies) days of placement of NOA or before commencement of execution
of Works, whichever is earlier, the Contractor without restricting in any manner any other
provisions of the Contract, and in particular any such provision pertaining to his obligation,
liability or responsibility shall take out and keep in force at his expenses the various insurance
policies specified herein for the benefit of and in the joint names of the Company and the
Contractor against all risks with the exception of those war risks (in respect of which
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insurance cover is not available even with payment of additional premium) for physical losses
or damages suffered by Works and Temporary Works or part of the Works up to the contract
value thereof or such additional sum as may be specified in the Contract in such a manner
that the Company and the Contractor are covered,
i) From the commencement of the Works until the date of issue of Certificate of
Completion and Acceptance (excluding the value of the part of the Works which are
taken over by the Company pursuant to clause 5.10.3 for the period when such part of
the Works is in custody of the Company) for loss or damage arising from a cause,
occurring prior to the date of issue of Certificate of Completion and Acceptance, and for
any loss or damage occasioned by the Contractor in the course of any operations
carried out by him.
ii) During the guarantee period against any loss or damage arising from either the
Contractor complying with his obligations under the Contract or for completing any
outstanding work.
OR
For loss or damage in respect of the works completed by the Contractor prior to the
commencement of the guarantee period.
7.3.2 The Contractor shall take out and keep in force adequate Insurance to cover all risks. (a) In
respect of their personnel deputed to work under the Contract. (b) In respect of their own as
well as hired equipment (to the extent of their insurance interest) tools, materials, and
operational facilities used during the entire period of their engagement in connection with the
Contract to the insurable value of such constructional plant, equipment and other things.
Company shall have no liability whatsoever in this regard. Such insurance policies of the
Contractor shall embody the following clauses:
"The Insurers hereby waive their rights of subrogation against the OIL AND NATURAL GAS
CORPORATION LIMITED, or any of their employees or their subsidiaries, affiliates or
assigns."
7.3.3 Contractor shall suitably insure his constructional plant and equipment and other things
brought to the Site against the risk of removal of wreck under statute. Such policy/cover
should be extended to include removal of wreck/debris in the event Company requires
Contractor to do so. Any limit of liability specified by such policy shall not relieve the
Contractor from any enhanced actual liability in carrying out his obligations.
7.3.4 Under the Companys package policy, privilege is granted to the Assured to release any
individual, firm or corporation for whom or with whom the assured is performing operation or
who is performing operations for the Assured, under the Contract or otherwise, from liability
for loss or damage (1) caused by an accident or occurrence taking place after the granting of
said release and (2) arising out of or in connection with said operations.
When privilege above is exercised by the Assured Insurers hereunder hereby waive their
rights of subrogation against such individual, firm or corporation, their subsidiaries factors, or
assigns, but only with respect to loss or damage to which the above release of liability applies
7.3.5(a) Contractor shall include in his respective contracts with their sub-contractors such clause(s)
pertaining to insurance, indemnity and waiver of subrogation that appear in the Contract with
the Company. This, however, shall not relieve Contractor from his responsibilities under this
Contract.
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b) Without limitations of the Contractor's obligation and responsibilities, if the Contractor sub-
contracts any part of the work, the responsibility and insurance provisions of each sub-
contract shall be consistent with the Contract and the sub-contractors shall not carry any
insurance which would duplicate any insurances provided by the Contractor or the Company.
The Contractor shall be responsible for ensuring that sub-contractors maintain insurance as
required in the sub-contracts during the course of Sub-contractor's operation.
The Contractor and the Company shall be covered by insurances to be taken out and
maintained by the Contractor as set forth below:
Covering loss or damage of (a) materials & equipment etc. forming part of the works,
occurring whilst in transit from the Contractor's, sub-contractor's,
Vendor's/Manufacturer's works and/or warehouse until arrival at the site for the materials
excluding spare parts there for which are not transported along with skids/modules and
(b) constructional plant & equipment to be provided by the Contractor or its Sub-
contractor(s).The Contractor shall comply with all warranties stipulated by his insurers in
the marine transit policy including but not limited to the approval of packaging, marking,
lifting, shifting/ transporting, loading, unloading, etc., at his own risk and cost.
Covering physical loss or damage to the Works at the site, occurring prior to Acceptance
of the Works or part there-of with an extended maintenance coverage for the
Contractor's liability in respect of any loss or damage occurring during the warranty
period when the Contractor is on the site for the purpose of performing its obligations
during the warranty period.
Covering bodily injury or death suffered by third parties and loss or damage to third party
property occurring in connection with execution of the Works. Before commencing the
execution of the Works the Contractor, but without limiting his obligations, liabilities and
responsibilities under the provisions of the Contract shall insure at his expense against
his liability for any third party material or physical damage, loss or injury which may
occur to any third party property or any person by or arising out of the execution of the
Works or in the performance of the Contract. The insurance so provided shall specify as
follows:
Covering use of all automobiles and transport such as cars, trucks, aircraft etc. used by
the Contractor or its sub-contractors (Whether or not owned by them) in connection with
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the execution of the Works. Limits of liability specified in Clause 7.3.6 (iii) shall also be
applicable to this clause.
v) Workman's Compensation
vi) Such other insurances at actual cost to Company as may be specifically agreed upon by
the parties to the extent Insurable risks not covered by the above policies (where the
Company shall be the beneficiary) providing coverage for all direct loss caused by
defective design, material or workmanship (including defective construction or erection)
within the control of the Contractor or his subcontractor. Specific insurance for bodily
injury and personal liability insurance (excluding that to third parties) and endorsements
for such items as elevator and hoist liability etc. may also be included.
7.3.7 The Company and the Contractor's sub-contractors shall be named as additional insured
under all insurance policies taken out by the Contractor specifically for this Contract pursuant
to the above sub-clauses except for the Workmen's Compensation and Employer's Liability
Insurances, and all insurer's right of subrogation against such additional insured for losses or
claims arising out of the performance of the Contract shall be waived under such policies.
In the event there is any misrepresentation, non-disclosure, breach of express/implied
warranties, unlawful activity, breach/non-fulfillment of any terms and conditions of the policy
or any willful misconduct on the part of the Contractor which may result in automatic
termination, expiry, or penalty under the policy, the Contractor shall be solely responsible for
the same, and bear all such consequences. Further in the event of the Contractor has failed
to insure (for whatever reason), or has inadequately insured, he alone shall bear the
consequences of not being insured or protected fully by insurance. The Contractor shall also
be responsible for the various deductible excess or fractions stated under his insurance
policies.
The total amount of Deductibles shall not exceed 1.5% of the sum insured for any one
accident or occurrence in the case of Contractors All Risk Insurance and Cargo Transit
Insurance Policies.
7.3.8 The Contractor shall prior to commencing any relevant part of the Works deliver to the
Company, copies of the Insurance Policies as evidence that the required policies are in full
force and effect.
It shall be the responsibility of the Contractor to pay the premium in time and to keep the
policies of insurance, as required by the Contract, valid throughout the period of execution of
Works. The Contractor shall wherever required produce to the Company the policy(ies) of
insurance. Provided always that in respect of any person employed by and Sub-contractor,
the Contractor's obligation to insure as aforesaid under the sub-clauses shall be satisfied if
the Sub-contractor shall have insured against the liability in respect of such persons in such
manner that the Company is indemnified under the policy but the Contractor shall require
such sub-contractor to produce to the Company or the Company's Representative when
required such policy for insurance and the receipt for the payment of the current premium.
The policy (ies) shall provide that not less than 21 days written notice shall be given to the
Company by all insurers prior to any cancellation of material modification of the policy (ies).
The Contractor shall produce a certificate from insurance company to the effect that all
premia under the policy have been paid and indicating validity of the policy.
All insurance policies of the Contractor shall embody the following clause:
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"The Insurers hereby waive their right of subrogation against OIL AND NATURAL GAS
CORPORATION LIMITED or any of their employees or their subsidiaries affiliates and
assignees"
Such insurance shall be effected with an insurance company incorporated and registered in
India. The insurance cover shall apply even when the loss or damage might have occurred
due to the negligence of the Company, its authorized representative or its workmen or any
consultancy inspection or Certification agency working for the Company. The contractor shall,
in all respects comply with any conditions stipulated in the Insurance policies which are
required to take out under the Contract.
Note: Policies of insurance shall be provided in respect of those policies taken out specifically
for this project. With regard to those other corporate policies of Insurance in respect of
contractor's worldwide cover, Certificates of Insurance from the Insurance Company shall be
provided. Also contractor shall provide certified statements from the Insurance Company that
premia have been paid and policies are in force.
Should the Contractor fail to take out and/or keep in force the insurance policies referred to
above, or any other insurance which he may be required to effect under the terms of the
Contract then the Company may at its option take out and keep in force insurance considered
appropriate and necessary in the circumstances and pay such premium or premia as may be
necessary for that purpose and from time to time deduct the amount so paid, by the Company
as aforesaid with interest from any monies due or which may become due to the Contractor
or recover the same as a debt due to the Contractor. However, if the policy lapses due to any
reason, then the loss, damages and all liabilities on account of the policy having lapsed shall
be to the account of the Contractor, nothing in this clause shall be construed by the
Contractor as a waiver of his obligations to insure as required under the Contract. Further
nothing in this clause shall impose upon the Company any obligation to insure on behalf of
the Contractor. The Company may exercise its option to do so as stated herein but failure to
exercise such option shall not entitle the Contractor to seek damages from the Company or
eschew responsibilities under the Contract including his duties to insure and keep valid
insurance policies.
7.3.10 Approval by the Company of any insurer or terms of insurance proposed by the Contractor
shall not relieve the Contractor of any of its obligations or liability under or arising from this
Contract or generally at law.
7.3..11 The terms of insurance shall include a provision whereby in the event of any claim being
brought or made against the Company in respect of which the Contractor would be entitled to
receive indemnity under the policy, the insurer will indemnify the Company against such
claims and any costs charges and expenses in respect thereof.
7.3.12 The Contractor shall prepare and follow-up any claims made under the policies effected as
required under the contract at the Contractor's risk and cost. The Contractor shall not give
any release or make any compromise with the insurer without the prior written consent of the
Company, in respect of the insurance claims in which Company's interest is involved, which
consent shall not be unreasonably withheld.
(The Checklist is not exhaustive one and hence contractors need to peruse the entire Insurance
clause for its compliance)
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(a) Contractors All Risk Insurance (including Onshore Terrorism cover).
(b) Cargo Transit Insurance.
(c) Third Party Liability Insurance.
(d) Automobile and Transportation Liability Insurance.
(e) Workmens Compensation Insurance / Employers Liability Insurance.
(f) Insurance Policy for Contractors Constructional Plant and Equipment and such policy to
include removal of Wreck / debris.
(g) Any other policy not mentioned above but required to be taken on the basis of specific
nature of contract, as mentioned in the contract.
Note: In cases where Contractors content that their Corporate Policies with worldwide
coverage meets the insurance requirements of the contract in respect of Policies from (b) to (g),
Contractor needs to ensure that all the conditions mentioned in the contract in respect of
insurance are complied with.
2. Principal Assured
The following are to be included as Principal Assureds in the Insurance Policies (except in case
of Workmens Compensation / Employers Liability Insurance):
(a) Oil & Natural Gas Corporation Limited, and Contractors name (as appearing in the bid
document / NOA)
(b) Parent and/or Subsidiaries and/or Affiliated and/or Associated and/or inter-related
Companies of the above as they are now or may hereafter be constituted and their
Directors, Officers and Employees, while acting in their capacities as such.
3. Additional Insured
The following are to be included as Additional Insured in the Insurance Policies (except in case
of Workmens Compensation / Employers Liability Insurance):
(a) Any other company, firm, person or party (including Contractors and/or Sub-contractors
and/or manufacturers and/or suppliers) with whom the below mentioned persons have
entered into written contract(s) directly in connection with the Project:
(i) Oil & Natural Gas Corporation Limited,
(ii) Parent and/or Subsidiaries and/or Affiliated and/or Associated and/or inter-related
Companies of the above as they are now or may hereafter be constituted and their
Directors, Officers and Employees, while acting in their capacities as such.
(iii) Project Managers
(iv) Contractor
4. Waiver or Subrogation
Policy should have Waiver of Subrogation against Principal Assureds (as mentioned in point 2
above) and Additional Insured (as mentioned in point 3 above) and Contractor.
7. Sum Insured(Physical Damage portion of Contractors All Risk Policy).Not less than Estimated
Final Contract Value as per NOA/Contract distributed in all currencies as mentioned in
NOA/Contract.
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To be valid upto scheduled completion date of contract, with provision for an extended
maintenance coverage for Contractors liability in respect of any loss / damage occurring during
the warranty period.
9. Deductibles
The aggregate amount of Deductibles shall not exceed 1.5% of the Sum Insured for any one
accident or occurrence in case of Contractors All Risk Insurance and Cargo Transit Insurance
Policies.
The Insurance Policies should mention the following in Loss Payee Clause:
In respect of Insurance claims in which ONGCs interest is involved, written consent of OGNC
will be required.
11. Compliance with Sec 25(1) of The General Insurance Business(Nationalization) Act,
1972
No person shall take out or renew any policy of insurance in respect of any property in India or
any ship or other vessel or aircraft registered in India with an insurer whose principal place of
business is outside India save with the prior permission of the Central Government.
The above requirement of aforesaid Act needs to be complied with by the Contractor wherever
the aforesaid provisions of Act apply, and compliance confirmation submitted.
All Insurance Policies should provide that not less than 21 days written notice shall be given to
the ONGC by the Insurance Company prior to any cancellation or material modification of the
Policy (ies)
Notwithstanding anything to the contrary elsewhere in the Policy, it is understood and agreed
that Insurance cover shall apply even when the loss or damages might have occurred due to the
negligence of the ONGC, its authorized representative or its employees or its workmen or any
consultancy inspection or Certificate Agency working for the company
7.3.14 Pradhan Mantri Suraksha Bima Yojana (PMSBY) and Prashan Mantri Jeevan Jyoti Bima
Yojana (PMJJBY).
Contractor shall, ensure that all his/ its personnel deployed under this contract have obtained
additional insurance coverage under the Pradhan Mantri Suraksha Bima Yojana (PMSBY) and
PrashanMantri Jeevan Jyoti Bima Yojana (PMJJBY) through the participating banks and submit
the proof of such insurance coverage to the satisfaction of ONGC for defraying the cost of the
insurance premium amount under the contract. The contractor shall also certify that the claim
has not been preferred in the earlier contract of ONGC or otherwise.
ONGC after satisfying by verifying the required documents shall release the premium amount to
contractor. In case a member is covered through more than one account, insurance cover will
be restricted to one only.
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7.4.1 In the event the Contractor is given written notice by the Insurance underwriters, that, because
of impending hostilities or war like operations, piracy, civil war, revolution, rebellion, insurrection
or civil strike in the Indian Territorial Waters, Indian Exclusive Economic Zone, the said
Insurance underwriters intend to cancel the Contractor's war risk, confiscation insurance and
detention cover in respect of the Contractor's Constructional Plant & Equipment deployed at the
Site, the Company agrees to indemnify (reimburse) and hold the Contractor harmless for any
loss arising from the said risks beginning on the effective date as per the insurer's notice
provided that the Contractor gives the Company immediate notice of such action proposed by
the insurance underwriters (with photocopy of the insurer's notice) of the said cancellation.
Alternatively, the Company shall have the option to suspend the Contract and direct the
Contractor to demobilize his Constructional Plant and Equipment, in which case the Contractor
shall discontinue the work in accordance with Company's instructions and demobilize and the
foregoing indemnity shall terminate upon Contractor's Constructional Plant and Equipment
leaving Indian Exclusive Economic Zone. Upon the Contractor's underwriters electing to
increase the insurance premium for the said additional insurance risks, the Company, may
instead of terminating the Contract, direct the Contractor to demobilize his Constructional Plant
and Equipment to a safe location, or agree to compensate the Contractor for his additional
insurance premium on production of proof of actual payment thereof.
7.4.2 Should the Contractor be prevented from performing the Work under the Contract on account of
above said demobilization, the Force Majeure Clause in the Contract shall come into force. The
foregoing provisions of this Clause shall not be construed to prevent the Contractor / Company
from invoking the provisions of Force Majeure clause when the conditions stated in Clause 7.4
occur. Any demobilization and remobilization ordered by the Company under the provisions of
this Clause 7.4 shall be to Company's account, provided that the details of such demobilization
and remobilization including the place, duration and cost of such demobilization shall be
mutually discussed and agreed between the parties.
Any additional cost incurred by the Contractor in protecting and preserving the Works prior to
the Contractor leaving the Site under this Clause 7.4 and time lost as a result of any suspension
under this Clause 7.4 shall be to the sole account of the Company.
7.5.1 The term "Force Majeure" as employed herein shall mean act of God, revolt, riot, fire, flood, war,
typhoon and Acts and Regulations of respective Governments of the two parties, namely the
Company and the Contractor directly affecting the performance of contract.
7.5.2 In the event of either party being rendered unable by Force Majeure to perform any obligation
required to be performed by them under the Contract, other than the obligation to make
payments due and payable under this Contract except when the Company is physically prevent-
ed by a Force Majeure event from making payment, in which case the obligation shall be
suspended the relative obligation of the party affected by such Force Majeure shall upon
notification to the other party be suspended for the period of delay which is caused by such
Force Majeure event.
7.5.3 Upon the occurrence of such cause and upon its termination, the party alleging that it has been
rendered unable as aforesaid thereby, shall notify the other party in writing within (72) seventy-
two hours of the alleged beginning and ending thereof giving full particulars and satisfactory
evidence in support of its claim.
7.5.4 Time for performance of the relative obligation suspended by the Force Majeure shall then
stand extended by the period of delay which is directly caused by Force Majeure event. The
party who has given such notice shall be excused from the performance or timely performance
of its obligations under the Contract, for so long as the relevant event of Force Majeure contin-
ues and to the extent that such party's performance is prevented, hindered or delayed, provided
the party or parties affected by the event of Force Majeure shall use reasonable efforts to
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mitigate the effect thereof upon its performance of the Contract and to fulfill its obligation under
the Contract.
7.5.5. If deliveries of bought out items and/or Works to be executed by the Contractor are suspended
by Force Majeure conditions lasting for more than (2) two months, the Company and Contractor
shall each have the option of terminating this Contract in whole or part thereof. Upon such
termination provisions of Cl.8.3.1 and 8.3.2 shall apply.
7.5.6. Delay or non-performance by a party hereto caused by the occurrence of any event of Force
Majeure shall not:
OR
(b) Give rise to any claim for damages or additional cost or expense occasioned thereby, if such
delay or non-performance is caused by the occurrence of an event of Force Majeure. Force
Majeure conditions are not payable under any circumstances.
7.6.1 Notwithstanding the provision of Clause 3.4, in the event of introduction of any new legislation
or any change or amendment or enforcement of any Act or Law, rules or regulations of
Government of India or State Government(s) or Public Body which becomes effective after the
tender closing date for this CONTRACT and which results in increase in rate of taxes and duties
on the supply of services to ONGC under the CONTRACT (other than personnel and Corporate
taxes), the CONTRACTOR shall be indemnified for any such increased taxes and duties by the
CORPORATION subject to the production of documentary proof to the satisfaction of the
CORPORATION to the extent which directly is attributable to such introduction of new
legislation or change or amendment as mentioned above and adjudication by the competent
authority & the courts wherever levy of such taxes / duties are disputed by CORPORATION.
7.6.2 Notwithstanding the provision of Clause 3.4, similarly, in the event of introduction of new
legislation or any change or amendment or enforcement of any Act or Law, rules or regulations
of Government of India or State Government(s) or Public Body which becomes effective after
the tender closing date for this CONTRACT and which results in any decrease in the rate of
taxes and duties on the supply of services to ONGC, (other than personnel and Corporate
taxes), the CONTRACTOR shall pass on the benefits of such reduced cost, taxes or duties to
the CORPORATION, to the extent which is directly attributable to such introduction of new
legislation or change or amendment as mentioned above.
7.6.3 All taxes & duties (except where otherwise expressly provided in the Contract) as may be levied
/ imposed in consequences of execution of the Services or in relation thereto or in connection
therewith as per the Acts, Laws, Rules, Regulations in force on the tender closing date, for the
this CONTRACT shall be to CONTRACTORs account. Any increase / decrease in the rate of
such duties, taxes after the tender closing date, but within the contractual completion /
mobilization date as stipulated in the CONTRACT will be to the account of CORPORATION.
7.6.4 Any increase in the rate of taxes &duties after the contractual completion date during the
extended period will be to the contractors account, where delay in completion period is
attributable to the CONTRACTOR. However, any decrease in the rate of taxes and duties after
the contractual completion / mobilization date will be to CORPORATIONs account.
7.6.5 The Contract Price and other prices given in the Schedule of Prices are based on the applicable
tariff as indicated by the CONTRACTOR in the Schedule of Prices. In case this information
subsequently proves to be wrong, incorrect or misleading, CORPORATION will have no liability
to reimburse/pay to the CONTRACTOR the excess duties, taxes, fees, if any finally levied /
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imposed by the concerned authorities. However, in such an event, CORPORATION will have
the right to recover the difference in case the rate of duty/tax finally assessed is on the
lower side.
7.6.6 Notwithstanding the provision contained in clause 7.6.1 to 7.6.4 above, the COMPANY shall not
bear any liability in respect of:
(i) Personal taxes on the personnel deployed by CONTRACTOR, his sub-contractor / sub-sub
contractors and Agents etc.
(ii) Corporate taxes and Fringe benefit tax in respect of contractor and all of their sub-
contractors, agents etc.
(iii) Other taxes & duties including Customs Duty, and GST in addition to new taxes etc. in
respect of sub-contractors, vendors, agents etc of the CONTRACTOR..
7.6.7 The above provisions would be applicable only in case of variation in rate of taxes and duties on
supply of services to ONGC and not applicable on taxes and duties on input (goods and
services).
7.6.8 Any claim or reduction on account of change in law shall be accompanied with undertaking that
the provisions of anti-profiteering clause under GST Act have been complied with. The
declaration form shall be furnished by the contractor as per Annexure- O of NIT.
8.1 Alteration/Variation
8.1.1 The Contractor agrees that the requirements given in drawings, specifications of the Bidding
Documents are minimum requirements and are in no way exhaustive and guaranteed by the
Company. It shall be the responsibility of the Contractor to meet all the requirements of
Design criteria contained in the Bidding Documents and any upward revisions and/or
additions of quantities, specifications sizes given in specifications and drawings etc. of the
Bidding Documents required to be made during execution of the works shall not constitute a
change orderand shall be carried out without a change order and shall be carried out without
any time and cost effect to Company. Further upward revisions and/or additions required
make Contractors' selected equipment and installation procedures to meet Bidding
Documents requirements expressed and to make entire facilities safe, operable and as per
specified codes and standards shall not constitute a change order and shall be carried out
without any time and cost effect to Company. Any upward revisions and/or additions
consequent to errors, omissions, ambiguities, discrepancies in the specification and drawings
etc. of the Bidding Documents which the Contractor had not brought out to the Company's
notice in his tender shall not constitute a change order and such upwards revisions and/or
addition shall be carried out by contractor without any time and cost effect to Company.
Subject to provisions of Clause 5.3.1, a change order will be initiated only in case (i) the
Company directs in writing the Contractor to include any addition to the scope of work
covered under this Contract or delete any part of the scope of the Work under the Contract,
(ii) Contractor requests to delete any part of the Work which will not adversely affect the
operational capabilities of the facilities and if the deletions proposed are agreed to by the
Company and for which cost and time benefits shall be passed on to the Company, (iii) the
Company directs in writing the Contractor to incorporate changes or additions to the Design
Criteria requirements already covered in the Contract.
8.1.1.2 Any changes required by the Company over and above the minimum requirements given in
the specifications and drawings etc. included in the Bidding Documents before giving its
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approval to detailed design or engineering for complying with design criteria and changes
required to ensure systems compatibility and reliability for safe (As per codes, standards and
recommended practices referred in the Bidding Documents) and trouble free operation shall
not be construed to be change in the Scope of the Work under the Contract.
8.1.1.3 In case any item / equipment / component / part specified in the scope of work is substituted
by another item / equipment / component/ part of the same category, such change due to
obsolescence/non-availability/no response received from vendors / manufacturers of such
items/equipment / component /part shall be considered as a change order where value shall
be determined based on the differential cost implication, provided that such changes are
authorized /approved by the Company.
8.1.1.4 i) Any change order as stated in 8.1.1.1 comprising an alteration which involves change in
the cost of the Works (which sort of alteration is hereinafter called a "Variation") shall be
the subject of an amendment to the Contract by way of an increase or decrease in the
Contract price and adjustment of the construction schedule if any.
ii) If the Contract provides applicable rates in accordance with Appendix A-3 of the
Contractor for the valuation of the variation in question the Contract price shall subject to
8.1.1.4(iii) be increased or decreased in accordance with those rates.
iii) If parties agree that the Contract does not contain applicable rates or that the said rates
are inappropriate or the said rates are not precisely applicable to the variation in
question, then the parties shall negotiate a revision of the Contract Price which shall
represent the change in cost of the Works caused by the Variations. Any change order
must be duly approved by the Company in writing.
8.1.1.5 If there is a difference of opinion between the Contractor and Company's Representative
whether a particular Work or part of the Work constitutes a change order or not, the matter
shall be handled in accordance with the procedures set forth in Clause 8.1.1.7(h).
8.1.1.6 Within ten (10) working days of receiving the comments from the Company on the drawings,
specification, purchase requisitions and other documents submitted by the Contractor for
approval, the Contractor shall respond in writing which item(s) of the Comments is/are poten-
tial changes(s) in the Scope of Work covered in the Contract and shall advise a date by which
change order (if applicable) will be submitted to the Company.
a) During detailed engineering and subsequently, if the Contractor observes that any new requirement
which other than that required for meeting the design criteria is not specific or intended by the
Contract has been stipulated by the Company, while approving the specifications, calculations, pur-
chase requisitions, drawings, other drawings, other documents etc. he would discuss the matter
with Company's Representative.
b) In case such requirement arises from the side of the Contractor, he would also verbally
discuss the matter with Company's Representative giving reasons thereof.
c) In either of the two cases as explained in (a) and (b) above, the representatives of both
the parties will discuss on the new requirement for better understanding and to mutually
decide whether such requirement constitutes a change order or not.
d) If it is mutually agreed that such Requirement constitutes a "Change Order" then a joint
memorandum will be prepared and signed by the Contractor and Company to confirm a
"Change Order" and basic ideas of necessary agreed arrangement.
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e) Contractor will study the Work required in accordance with the joint memorandum under
(d) and assess subsequent schedule and cost effect, if any.
f) Upon completion of the study referred to above under (e), the results of this study along
with all relevant details including the estimated time and cost effect thereof with
supporting documents would be submitted to the Company to enable the Company to
give a final decision whether Contractor should proceed with the change order or not in
the best interest of the Works.
The estimated cost and time impact indicated by Contractor shall be considered as a
ceiling limit and shall be provisionally considered for taking a decision to implement
change order.
The time impact applicable to the Contract shall be mutually agreed subsequently on the
basis of the detailed calculations supported with all relevant back up documents.
In case Contractor fails to submit all necessary substantiations/ calculations and back up
documents, the decision of the Company regarding time & cost impact shall be final and
binding on the Contractor.
g) If Company accepts the implementation of the change order (f) above in writing, which
would be considered as change order, then Contractor shall commence to proceed with
the relevant work stipulated in the Change order pending final agreement between the
parties with regard to adjustment of the Contract Price and the Construction Schedule.
h) In case, mutual agreement under (d) above, i.e. whether new requirement constitutes
the change order or not, is not reached, then Contractor in the interest of the Works,
shall take up the implementation of the Work, if advised in writing to do so by Company's
Representative pending settlement between the two parties to the effect whether such
requirement constitutes a change order or not as per the terms and conditions of
Contract documents. The time and cost effects in such a case shall be mutually verified
and recorded. Should it established that the said work is constituting a change order, the
same shall be compensated taking into account the records kept and in accordance with
the Contract.
The Contractor shall submit necessary backup documents for the change order showing
the break-up of the various elements (e.g. Engineering, Procurement, Fabrication,
Installation, etc.) constituting the change order for the Company's review. If no
agreement is reached between the Company and Contractor within 60 days after
Company's instruction writing to carry out the change concerning the increase or
decrease in the Contract Price and all other matters described above, either party may
refer the dispute to arbitration pursuant to Clause 1.3.2 of GCC hereof.
i) If proposed change order involves purchase of material than prior to finalizing the
purchase, the contractor should provide at least 3 offers in respect of the material
proposed to be procured for approval of ONGC. In case less than 3 offers are provided,
adequate justifications shall be given as to what are the reasons for the same.
8.1.2.1 The Company's Representative, if in his opinion it is necessary or desirable, may order in
writing that any change order/extra work shall be done on a day work basis. The Contractor
shall then be paid for that work as per the rates set out in the schedule of prices/rental rate
schedule of the Contract.
8.1.2.2 For all work done on a Day Work basis, the Contractor shall furnish receipt of Vendor or other
vouchers as may be necessary to the Company's Representative to prove the amounts paid
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and Tripura Under CAPEX Model
and before ordering materials shall submit to the Company's Representative, quotations for
his approval. Such approval shall not be unreasonably withheld.
8.1.2.3 In respect of all work done on a day work basis the Contractor shall, during the continuance
of such work, submit each day to the Company's Representative an exact list, in duplicate,
names, discipline and time of all workmen deployed on such work and a statement also in
duplicate showing the description and quantity of all materials and plant utilized for extra
work. The Company's Representative shall sign and return to the Contractor one copy of
each list and the statement if correct or when agreed. At the end of each month the
Contractor shall deliver to the Company's Representative a priced statement of the Labour,
materials and plant (except as aforesaid) used. Whenever any dispute exists of any day work
voucher, submitted for the Company's Representative's approval as to costs allocation
between the Contractor and the Company, the voucher shall nevertheless be signed by the
Company's Representative as a record of time worked and materials used. Lists and
vouchers so signed will be the subject of negotiations between the Company and the
Contractor regarding their costs allocation.
8.1.2.4 Should the quantum of extra work/change order if any, which the Contractor may be required
to perform by the Company, fairly entitles the Contractor to extension of time beyond the
scheduled completion date for completion of either the whole of the Works or for such Extra
work only, the Company and the Contractor shall mutually discuss and decide the extension
of time, if any, to be granted to the Contractor.
8.1.3.1 The written advice to this effect shall if so required be issued by the Company upto 8(eight)
weeks prior to the due date of supply of such plants/equipment/material to the Contractor as
may be specified in the PERT chart to be agreed. In case of increase in quantity, the
Contractor agrees to carry out such additional quantity of work at the rate and terms and
conditions as provided in the Contract except for the appropriate extension of time to be
allowed for obtaining delivery of such extra equipment. In case of decrease in quantities the
Contractor shall give a reduction in price at the rate given in the Contract corresponding to
decrease of quantity. In case applicable unit rates for the increase/decrease in
plants/material/equipment are not available in the Contract, then such variation in quantities
shall constitute a change order and the rates as may be mutually agreed shall apply.
Contractor shall not be entitled to any claim by way of change of price, damages, losses, etc.
Contractor shall be compensated at actual for any cancellation charges provided the claim is
duly supported by documentary evidence of having incurred cancellation charges, which
results from Companys action in reducing/canceling Scope of Work.
8.1.3.2 In case of variation of quantities during the execution of the contract for executing the
contracted scope of work and if unit rates for such items are available in the contract, then
such variation in quantity shall not be considered as change order and the Company shall
have the option to increase or decrease the quantities of such items.
8.1.3.3 All new / fresh works or any additional work not appearing in the scope of work define in the
contract shall be considered as change orders
The provisions of the Contract shall apply to extra work performed as if the Extra
Work/Change Order has been included in the original Scope of Work. However the Contract
price shall increase/decrease and the construction schedule shall be adjusted on account of
the Extra Work/Change orders as may be mutually agreed in terms of provisions set forth in
Clause 8.1.1 through 8.1.3 above. The Contractor's obligations with respect to such work
remain in accordance with the Contract.
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The extra work shall not be included in the Contract Price for the purpose of calculations of
liquidated damages under Clause 6.3.2. For Extra Works/ Change Order if implemented on
day work basis, cost of testing shall also be payable by the Company.
8.2.1 The Company may by notice in writing to the Contractor order the contractor to suspend
performance of all Works or part of the Works under the Contract. Such notice shall specify
all Works or part of the Works of which performance is to be suspended, its effective date and
the reasons thereof. The Contractor shall thereupon suspend performance of such Works or
part of the Works until ordered in writing to resume such performance by Company.
8.2.2 The Contractor shall during such suspension properly protect and secure the Work so far as
is necessary in the opinion of the Company's Representative in accordance with the Contract.
During the period of suspension the Contractor shall not remove from site any material, any
part of the plant or any Constructional plant and Equipment without prior written consent of
the Company. If the Contractor's performance on all Works or part of Work is suspended
pursuant to this Clause, then the time for completion of the Works shall be extended and
additional cost incurred by the Contractor in giving effect to the Company's Representative
instructions under this Clause shall be borne and paid by the Company unless the
suspension is:
8.2.3 For the purpose of calculating costs incurred by the Contractor during the suspension of Work
as mentioned above, day rate or rental rate schedules specified in the Contract shall be
applied and details of the Contractor's Resources affected by such suspension pursuant to
this clause be recorded and submitted to the Company. If the progress of the Works or any
part thereof is suspended at site for a period(s) in excess of 90 days in aggregate on the
written order of the Company's Representative otherwise than by reasons given in (i) through
(iv) above and if permission to resume Work is not given by the Company's Representative,
then at any time there after and provided that at that time such performance is still
suspended, the Contractor may give a written notice to the Company's Representative
requiring that the Company within 7 days of receipt of the notice either order the resumption
of the Works or that part thereof in regard to which progress is suspended and if such order
or resumption is not granted within that time, the Contractor by a further written notice so
served may elect to treat the suspension where it affects a party only of the works as a dele-
tion of such part in accordance with Clause 8.1 of GCC hereof or where it affects the whole of
the Works as termination of the Contract by the Company. If the Contractor opts to terminate
the Work or part of the Work upon such termination the provisions of Clause 8.3.1 and 8.3.2
shall apply.
8.2.4 In the event that Company suspends the progress of Work for any reason not attributable to
Contractor for a period in excess of 30 days in aggregate, rendering Contractor to extend his
performance guarantee then Company shall bear only the cost of extension of such bank
guarantee for such extended period restricted to the normal bank rates as applicable in the
international banking procedures subject to Contractor producing the requisite evidence from
the bank concerned.
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and Tripura Under CAPEX Model
8.3 Termination
8.3.1 The Company may at any time terminate the Contract as per Clause 8.2, 7.5.5 and/or 7.4 by
giving the Contractor a notice in writing to that effect. Upon termination under Clauses 7.4,
7.5.5 and/or 8.2 or upon receipt of the Termination Notice the Contractor shall either
immediately or upon the date specified in the termination notice:
a) Cease all further Work, except for such Work as the Company may specify in the Termination Notice
for the sole purpose of protecting that part of the Works already executed.
c) Remove all Constructional Plant and Equipment from the Site and repatriate the
Contractor's and its Sub-contractor's personnel from the Site, remove from the Site any
wreckage and debris of any kind and leave the whole of the Site in a clean and a safe
condition.
i) deliver to the Company the parts of the Works executed by the Contractor up to the
date of Termination.
ii) Assigns to the Company all right, title and benefit of the Contractor to the Works as
at the date of Termination, and, as may be required by the Company in any sub-
Contract(s) concluded between the Contractor and his sub-contractors and
iii) deliver to the Company all drawings, specifications, and other documents prepared
by the Contractor or his sub-contractors as at the date of Termination in connection
with the Works.
8.3.2 In the event of termination of the Contract under clause 8.3.1 the Company shall pay to the
Contractor the following amount:
(a) The Contract price properly attributable to the parts of the Works executed by the
Contractor in accordance with the Contract as at the date of Termination.
(b) The costs incurred by the Contractor in protecting the Works pursuant to paragraph (a)
of clause 8.3.1 above as mutually agreed.
(d) Cost of any materials or equipment already purchased and/or ordered by the Contractor,
the delivery of which the Contractor must accept, such materials or equipment will
become property of the Company upon payment by the Company of the actual Cost of
the materials or equipment.
f) All reasonable cost on cancellation or orders for material, etc., which the Contractor may
have committed for the project.
8.3.3. In case of termination of the Contract under the provisions other than Clause 7.4, 7.5 and
Clause 8.2 of Contract, the recourse as mentioned in the relevant clause under which the
termination has become effective shall be applicable.
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8.3.4 Termination of Contract on the grounds of non-performance / unsatisfactory
performance
If the ONGC considers that the performance of the CONTRACTOR is unsatisfactory or, not
upto the expected standard, the ONGC shall notify the CONTRACTOR in writing and specify
in detail the cause of such dissatisfaction. The ONGC shall have the option to terminate
this Agreement by giving 30 days notice in writing to the CONTRACTOR, if,
CONTRACTOR fails to comply with the requisitions contained in the said written notice
issued by the ONGC.
8.3.5 There shall be no liability for the Company to compensate the Contractor for loss of work or
loss of profits or any other claim of similar nature on account of Termination.
8.3.6 In the event Company fails to pay invoiced amount due or communicate the reasons for
its objection to any disputed amount in an invoice in accordance with Sub-clause 3.2.3 within
a period of 90 days, the Contractor shall be entitled to terminate the Contract after giving
fourteen (14) days prior written notice to the Company. Upon termination under this Clause
Contractor shall be entitled for the compensation as per Clause 8.3.2.
In case of termination of Contract herein set forth, except under 8.3.1 and 8.3.2 (Annexure II),
and / or annulment of the contract due to non-submission of Performance Guarantee (as per
clause 28 of Part-I), following actions shall be taken against the Contractor:
i. ONGC shall conduct an inquiry against the Contractor and consequent to the conclusion of
the inquiry, if it is found that the fault is on the part of the Contractor, then they shall be put on
holiday [i.e neither any tender enquiry will be issued to such a Contractor by ONGC against
any type of tender nor their offer will be considered by ONGC against any ongoing tender(s)
where contract between ONGC and that particular Contractor (as a bidder) has not been
concluded] for a period of two years from the date the order for putting the Contractor on
holiday is issued. However, the action taken by ONGC for putting that Contractor on holiday
shall not have any effect on other ongoing contract(s), if any with that Contractor which shall
continue till expiry of their term(s).
ii. Pending completion of the enquiry process for putting the Contractor on holiday, ONGC shall
neither issue any tender enquiry to the defaulting Contractor nor shall consider their offer in
any ongoing tender.
8.4.1 Remedies
i) Becomes bankrupt or has a receiving order made against him or presents his petition in
Bankruptcy or makes an arrangement with or assignment in favour of his creditors or
agrees to carry out the Contract under a committee of inspection of his creditors or
(being a corporation) goes into liquidation (other than a voluntary liquidation for the
purposes of amalgamation or reconstruction)
OR
ii) Has an execution levied on his goods,
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OR
iii) Assigns the Contract without the previous written consent of the Company,
OR
iv) Has to the detriment of good workmanship or in defiance of the Company's
Representative's instruction to the contrary sub-contracted for any part of the Contract,
OR
v) Repudiates or abandons the Contract,
OR
vi) Without reasonable excuse fails to commence the Works or suspends the progress of
the Work for (30) thirty days after receiving from the Company's Representative, written
notice to proceed,
OR
vii) fails to remove materials from the Site (removal of material means removal from
immediate vicinity of Work) or to pull down and replace Work or initiate remedial action
acceptable to the Company for (30) thirty day after receiving from the Company's
Representative, written notice that the said materials or Work have been condemned
and rejected by the Company's Representative under these conditions of Contract.
OR
viii) despite previous notice in writing by the Company's Representative is not executing the
Works in accordance with the Contract to the satisfaction of the Company's
representative or is persistently or flagrantly neglecting to carry out his obligations under
the Contract;
then the Company may after giving notice of 10 days in writing, to the Contractor forthwith
enter upon the Site and the Works and expel the Contractor from there without thereby
making the Contract void or releasing the Contractor from any of his obligations or liabilities
under the Contract or affecting the rights and powers conferred on the Company by the
Contract and may at the risk and cost of Contractor complete the Works itself or deploy any
other Contractor to complete the Works and the Company or that other Contractor may use
for the completion of Works as much of the Constructional Plant and Equipment, Temporary
Works and materials which have been deemed to be reserved exclusively for the construction
and completion of the Works under the provisions of the Contract as it or they think proper.
Note:
In case Company takes over Contractor's construction plant & equipment, it will continue to
be operated by the same personnel manning the construction plant & equipment under
directions from Company supervisor, will be used specially for the completion of this project
and will return to the Contractor on completion of the Works.
8.4.1.2 If the Company enters and expels the Contractor under this clause it shall not be liable to pay
the Contractor any money on account of the Contract until the costs of completion and
making good damages for delay in completion (if any) and all other expenses incurred by the
Company have been ascertained provided however that Contractor shall only be liable for the
said costs and expenses that Company may sustain on this account upto a maximum amount
of twenty percent (20%) of the Contract value. The Contractor shall then be entitled to
receive only the sum or sums (if any) which would have been due to him on due completion
by him after deducting the sum due to the Company as aforesaid, regard being had to the
sums representing the value of the work actually done by the Contractor by the time of his
expulsion and to represent the price of any said unused or partially used materials, any
Constructional Plant and Equipment and any Temporary Works as well by Company for
completion of works as provided for in the note and Cl.8.4.1 above.
8.4.1.3 If the sum so due to the Company exceeds the sum which would have been payable to the
Contractor on due completion by him then the Contractor shall on demand pay to the
Company the excess amount and it shall be deemed a debt due by the Contractor to the
Company and shall be recoverable accordingly.
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and Tripura Under CAPEX Model
8.4.2. Remedies under Emergencies
If by reason of any accident or failure or any other event occurring to, in or in connection with
the Works or any part of them either during the construction of the Works or during the
Guarantee period any remedial or other Work or repairs is, urgently necessary for security,
safety and for the other purpose of performance of work, which justifies immediate remedial
action and the Contractor is unable or unwilling at once to do that Work or repair, the
Company may on its own or through other workmen do whatever Work or repair to the extent
necessary for such purpose. If the work which was the Contractor's duty to do at his own ex-
penses under the Contract, all costs and charges properly incurred by the Company in so
doing shall on demand be paid by the Contractor to the Company or may be deducted by the
Company from any money due or which may become due to the Contractor or recover by any
other means at the Company's discretion. The Company's Representative or the Engineer's
Representative (as the case may be) shall inform Contractor forth with of an emergency
occurrence of and shall as soon as may be reasonably practicable after the occurrence of
any emergency as aforesaid, notify the Contractor of it, in writing.
9.0 CORRESPONDENCE
9.1 GENERAL
The objective of this section is to establish a flow of correspondence on this project in order to
direct the various forms of correspondence through desired channels thereby keeping all
concerned informed as to detailed construction progress. Correspondence will normally be
exchanged between
The Contractor shall be responsible for quick dispatch / distribution of all documents to all the
parties involved directly or indirectly.
Abbreviations for the above offices used throughout this procedure are as follows:
9.2 ADDRESSES
TO be informed later.
9.3 CODING
The following chronological typical letter coding will also be required for ready reference,
checking and filing of the correspondence as follows:
9.4 HEADING
Project Name : Installation of Roof Top and Ground Mounted Solar Project
9.5 DISTRIBUTION
Originals and copies of correspondence including attachments, tables, etc. will be distributed as
shown on the following chart. Other copies may be furnished as required (To be confirmed by
Company).
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10. Manufacturers data books along 1** 1** - 2**
with test reports.
11. a) As-built drawings & purchase 1** 1** - 2**
specifications.
b) Certified full size as-built 1** 1** 1** 2**
drawings of Skid/Modules.
c) Certified full size as-built 1** 1** 1** 2**
drawings of Pipelines.
d) Bound sets of certified as-built 1** 1** - 2**
drawings in A3 size.
12. Recommended Spare parts list and 1** 1** - 2**
Catalogue.
Notes:
1. The above distribution does not include correspondence distribution at Design Centre(s),
fabrication yard (s) and Onshore Site.
2. * indicates distribution of soft copy.
3. ** indicates distribution of hard copy and soft copy.
4. *** indicates distribution of hard copy and two soft copy.
5. ++ indicates intimation about issuance to TPI.
The contractor shall ensure that its HSE systems are in consistent with ONGC and all the rules /
laws and by-laws applicable to ONGC as mine manager are also applicable to the contractor.
The contractor shall maintain formB register whereas the form C, D, & E registers will be
independently maintained by ONGC.
a. The Contractor shall comply with the HSE requirements detailed in GCC and elsewhere in
bidding documents. The Contractor shall also be responsible to comply with Code
requirements of International Standards Organization (ISO), Occupational Safety & Health
Administration (OSHA), American Petroleum Institute (API) RP, and other relevant
international practices. In case of conflict between the requirements of the various
specifications and/or the requirements specified in the bid document, the more stringent
requirement shall be followed.
c. Contractor shall conduct a Safety Studies Methodology which shall be completed and
submitted to Company within 30 days of Contract Award. Further, the Contractor shall
implement the findings of the Safety Studies without impact on Schedule or Contract Price.
10.2 SAFETY / FIRE PROTECTION
Contractor shall take all necessary measures to protect the work and Workmen against accidents and
occupational disease. They shall observe and comply with all Governmental safety regulations
as well as Companys and accepted industry safety practices as required for this work.
i. the management systems and the Installation / erection are adequate to ensure that the
design and the operation of the Installation / erection and the equipment are safe;
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ii. the potential hazards of the Installation / erection and the risks to personnel and
environment have been identified and appropriate controls provided;
iii. adequate provision is made for ensuring, in the event of a major emergency affecting the
installation, the safe evacuation and rescue of personnel and
iv. the statutory and Company requirements relating to safety and pollution control measures
are complied with.
Contractor shall observe national and local laws, ordinances, rules and regulations pertaining to
the Works and shall be responsible for extra costs arising from violations of same.
The Contractor shall not do any exploratory excavations, including drilling/boreholes, without the
previous written permission of the Companys Representative.
The Contractor shall, in connection with the Works provide and maintain at his own cost all
lights, guards, fencing, markers and watching when and where necessary or required by the
Company for the protection of the Works or for the safety and convenience of the Public or
others.
10.5.1 Contractor shall within 30 days of commencement of Contract and also once every three
months thereafter submit a safety report as per Appendix-C-1 attached, to the head of the
Safety and Environment Management of the Company at Respective Asset/ Work Centre with a
copy to the Project Coordinator.
10.5.2 In the event of any accident or dangerous occurrence the Contractor shall forthwith send a
notice of accident in the proformaatAppendix-C-2 to the head of the Safety and Environment
Management of the Company at respective Asset/work centre with a copy to the Project
Coordinator.
Contractor shall maintain a record of the relevant statutory and Company requirements relating
to safety and pollution control measures and compliance.
The Contractor shall be responsible for following the proper procedures, as outlined below, in
reporting accidents or incidence.
c) A dislocated shoulder.
d) The amputation of an arm or hand, or of one or more fingers of the same hand, or of a
leg or a foot.
f) Any other serious bodily injury, including internal bleeding or burns or asphyxia where
such injury is likely to endanger life, cause permanent incapacity, or temporary
incapacity of 5 days or more.
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2) In case of death, the Contractor shall be responsible for immediately notifying the nearest
Indian police so that they can make the proper investigation in accordance with the law.
3) Also in case of death, the Contractor shall immediately notify the Labor Officer of the
Federal Ministry of the area in which the death occurred.
Contractor should submit a safety procedure prior to start of the construction activities for
Company review. The procedure should include the safety measures to be taken during
construction work, fire-fighting / safety equipment available at site which will be provided to plant
in case of any emergency, number of safety / fire officers and their role, periodical exercise on
awareness of workers towards safety. Familiarization of workers with safety equipment, teams
for firefighting etc. In case of any emergency, Contractor should immediately mobilize all
resources to combat the emergency and co-ordinate with Company suitably.
Contractor should ensure that all the contractors personnel have undergone the approved basic
In case of any accident at site causing injury to personnel, Contractor shall inform Company's
Representative immediately. Contractor shall also arrange for pickup and immediate medical
attention for the injured personnel.
Notwithstanding anything contained elsewhere in the Contract, to take up hot work for carrying
out the required modification at site on existing operating plants, the contractor shall be fully
responsible to design, engineer, procure, supply fabricate, coat wrap (incase of pipeline), erect,
lay piping, pre-commission, test, commission (wherever applicable) making the related area of
plants/ worksite gas free, clean and flushing with steam and/or chemicals of the complete
system and whatever is necessary. The modification works shall be completed in shortest
possible time and in a safe manner. The Company shall issue hot work permits only between
dawn to dusk on Contractor's request keeping in view companys production programs, safety
requirements and the Contract with the provision that the Company reserves the right to divert
the Contractor's activities involved in his work programme.
It is an essential requirement that there shall be no shutdown of the operating plants unless the
situation so demands subject to approval of Company and Clause 2.3.4.2 hereof.
The Contractor shall be responsible for devising methods and developing detailed procedure to
realize this objective and carry out the modifications in orderly manner. The details and
procedures shall be subject to Company's approval.
Contractor shall strictly comply with all safety requirements of Hot work permit during permit
duration failing which Company's representative will have the right to stop Hot work and all Cost
and time effect thereof shall be to Contractor's account.
Company shall not issue hot work permit at Site when critical activities or any other operation
during which Contractor's working may be detrimental to the safety of the facilities are being
carried out.
Any delay, rescheduling or interruption of already approved Work programme for modification
works, attributable to Company on account of delay in issuing the Hot Work Permit, after the
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contractor having met the requirement of the hot work permit save for safety reasons of
companys facilities and personnel, shall be to Company's account in respect of cost and time
effect (if it affects the critical path) as per the provision of the Contract. Company shall be
responsible for the shutdown of operating plants and depressurization of hydrocarbon systems
related to the approved shutdown.
All hot works job shall be carried out in presence of the contractors safety officer, who shall be
directly responsible for carrying out the hot work job in a safe and orderly manner.
Company may conduct safety Audits at any stage of project execution and before taking over
the facilities. The audit shall be based on a protocol that covers elements which can affect the
safety during execution or the safe operation of the facilities in the contractors scope of work.
The protocol shall cover documentation, process hazard analysis, fire detection and
suppression system, lifesaving appliances and escape routes, operating procedures, pre-startup
safety review, safe work practices, safety and shut down devices, management of change,
assurances of quality and mechanical integrity, emergency response control investigation of
accidents, personnel protective equipments, audit team which could be conducted by the
companys personnel or any agency appointed by the Company for the purpose, accord full
access to site and provide all relevant information, comply with the observations and
recommendations of the audit. An indicative description of the information which may be
required to be submitted by the contractor for / during the safety audit is enclosed as per the
Appendix C-3.
10.9 The Contractor (all the companies in a consortium or joint venture involved in construction
activities) should be required to:
Contractor should submit the above for the approval of the Company considering the
requirements for the Safety and Environmental plans for execution of the Work.
The Contractor shall provide detailed Planning Package, for continuous monitoring to the
Company.
This Planning Package shall cover the PERT-CPM and scheduled status of all functions of the
project from Survey to Commissioning.
Within twenty one (21) days of the Notification of award of Work or prior to the Kick-off meeting,
whichever is earlier, the Contractor shall provide the Company with the detailed activity wise
schedules / key dates. Within 45 days of Notification of Award of Work the contractor shall
submit detailed Planning Package as mentioned under this Clause & part IV of the biding
document and, after work has started, issue updated statements on the progress and/or
completion of the listed activities on a weekly basis. The Contractor shall also deliver on a
monthly basis to the Company an updated PERT-CPM diagram showing changes in project
status as of the end of the previous month. This diagram shall be included in the Monthly
Progress Report.
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The Contractor shall provide additional effort whenever the scheduling shown on the Planning
Package diagram indicates a possible delay in the completion date. Such additional effort may
require an increased deployment of equipment and / or personnel. All extra costs incurred by
the Contractor in order to prevent a possible delay in the completion date will be to the
Contractor's account.
The Contractor shall notify the Company within twenty four (24) hours of any occurrence, which
may adversely affect the completion date of the project. The Contractor shall also notify the
Company, at least once in every week, the status of the critical items, which could affect the
completion date of project. In addition, the Contractor shall include a statement of proposed
remedial actions for expediting these items.
Contractor shall make every effort to keep Company adequately informed as to the progress of
the Work throughout the entire project.
By the fifth of each month, Contractor shall furnish Company with a detailed report covering the
progress as of the last day of the previous month. These reports will indicate actual and
scheduled percentage of completion of engineering, purchasing and construction as well as
activities requiring attention regarding the progress of various phases of the Project. Critical
path schedules shall be updated and included as part of this report. The progress reports shall
also include Scheduled and actual progress.
The frequency of progress reporting by the Contractor shall be in general weekly for the period
right from engineering to hook up and pre-commissioning checks. The Contractor shall give
daily progress report and the forecast of Work, deployment of manpower for the next twenty-
four hours during installation, hook-up, pre-commissioning and commissioning activities.
Once a week, Contractor shall furnish Company with a summary of the Work accomplished
during the preceding week in the form of percentage completion of the various phases of the
Works as a part of Weekly Progress Report.
Review meeting will be held which will be attended by a senior person in charge of the project
from the Contractor's side to review the progress and also resolve the technical issues during
execution of the project. Frequency of such meetings shall be decided by Project
Coordinator/Company Representative.
After every 7 days during each erection, Contractor shall furnish complete sets of field records
showing installed coordinates, level and elevation and orientation. These records shall be
signed by both Contractor's and the Company's Representatives at the site.
Distribution of the progress Reports is shown in the Correspondence Procedure, Section 9.0,
herein.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
11.2.1 Contractor shall monitor progress of all the activities specified in the programme of Works
pursuant to Clause 2.3.4. and submit free of cost monthly progress report about various aspects
of the Works to the Company as per proforma given in Appendix-C-8. The periodicity of such
reports may be changed by the Company on mutual agreement between both parties.
11.2.2 All the materials, plant and labour to be provided by the Contractor under Section 5 and the
manner and speed of execution and maintenance of the Works are to be in accordance with the
Contract. Should the rate of progress of the Works or any part of them at any time falls behind
or is found to be too slow to ensure completion of the Works by the stipulated time or extended
time for completion, the Company's Representative shall so notify the Contractor in writing. The
Contractor shall reply to the written notice giving details of the measurers he proposes to take to
expedite the progress so as to complete the Works by the prescribed time. The Contractor shall
not be entitled to any additional payment for taking such steps. If at any time it should appear to
the Company or Company's rep. that the actual progress of Works does not conform to the
approved programme the Contractor shall produce at the request of the Company's
Representative a revised programme showing the modification to the approved programme
necessary to ensure completion of the Works within the time for completion as defined in
Clause 6.3 hereunder.
11.2.3 The submission to and approval by the Company or Company's Representative of such
programme as the furnishing of such particulars shall not relieve the Contractor of any of his
duties or responsibilities under the Contract.
In case during execution of Works the progress falls behind schedule, Contractor shall deploy
extra manpower, Constructional Plant and Equipment, resources to make up the progress.
Programme for deployment of extra man power/Constructional Plant and Equipment resources
will be submitted to the Company for its review and approval which approval shall not be
unreasonably withheld. All time and cost effect in this respect shall be borne, by the Contractor
unless otherwise expressly provided in the contract.
At any time during the execution of project, if ONGC feels that sub-contractors / vendors are not
making all efforts to meet the committed schedule which may affect the related project activities,
ONGC shall have a right to call the sub-contractors / vendors to attend the review meeting along
with contractor for resolving outstanding issues, if any, for expediting the work / delivery.
However this will not relieve the contractor from its responsibility to complete the activities /
project as per schedule.
11.3.1 Deleted
11.3.2 Before utilizing any photographs for publicity, Contractor shall obtain prior written approval of
Company.
Notwithstanding the fact that settlement of dispute(s) (if any) under arbitration and / or OEC /
or in Court may be pending, the parties hereto shall continue to be governed by and perform
the work in accordance with the provisions under this Contract.
The Integrity pact, duly signed by the authorized official of ONGC and the Contractor, will form
part of this contract / supply order.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
15.0 Consideration of representations on post contract issues submitted by the bidders to
Independent External Monitors (IEMs).
The bidders may raise disputes/complaints, if any, either with the designated Competent
Purchase Authority (CPA) in ONGC or with the concerned Director of ONGC i.e. Director
(T&FS), ONGC, Deen dayal Urja Bhawan,5 A, Nelson Mandela Road, Vasant Kunj,New Delhi
- 110 070, or directly with the IEM c/o Chief Vigilance Officer, ONGC, Pandit Deendayal
Upathyaya Urja Bhawan,5 A, Nelson Mandela Road, Vasant Kunj,New Delhi - 110 070.
However, Bidders should note that IEMs would consider only those representation on post
contract issues wherein there is an alleged violation of provisions of IP. Hence, bidders should
not refer those post contract issues to IEMs for resolution, for which dispute resolution
mechanism has already been defined in the contract conditions. The post contract issues
pertaining to alleged violation of provisions of IP, if any, should only be referred to IEMs.
Bidders should simply confirm that they have read the ONGCs following Policy on Climate
Change & Sustainability and they are working upon to develop their policy as well.
ii. ONGC shall endeavor for GHG emission mitigation from our operations and participate in Kyoto
and other protocol where India is a signatory. We shall strive to achieve quantifiable
milestones in these aspects.
iii. ONGC shall partner with sustainability advocacy organizations where our strengths are
complementary and also actively propagate the idea of GHG mitigation at national and
international operations where we are business partner.
iv.ONGC shall develop and invest in advanced low carbon technologies to meet growing demand
for affordable energy products while improving security of supply and reducing environmental
impacts.
v. ONGCs aim shall be to achieve competitive business advantage from GHG abatement
programmes, particularly through process efficiency, besides improving environmental
performance.
vi. ONGC shall endeavor to develop new business opportunities through investment in climate
change.
vii. ONGC shall try to adopt triple bottom line accounting and reporting to raise awareness of the
true cost and benefits.
viii. Above all, ONGC shall make sustainability a foundation of our business strategy.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
PART IV
SPECIAL CONDITIONS OF
CONTRACT
(NIT NO. REIL/BID/RTS(C)/2017-18/003)
Tel: +91-141-2471835,+91-141-2470879 ,
Fax- +91-141-2470139
&
Website - http://www.reiljp
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
TABLE OF CONTENTS
PAGE
SNO CLAUSE DESCRIPTION
NO.
1 1 Scope of Work 129
2 2 Project Cost 129
3 3 REIL Service Charges 129
4 4 Project Allocation & Sanction 130
5 5 Incentive Disbursement 131
6 6 O&M Guideline to be mandatorily followed by bidder 131
7 7 Metering & Grid Connectivity 132
8 8 Plant Performance Evaluation 132
9 9 Project Inspection 133
10 10 Cancellation of Incentive 133
11 11 Other Conditions 133
12 12 Time of Completion of Sanction capacity 134
13 13 User ID for updating the project process 135
14 14 Inspection and Audit by Government 135
15 15 Commissioning and Completion Certificate 135
16 16 Corrupt and Fraudulent Practices 136
17 17 Debarred from participating in REILs Roof top and Ground Mounted 136
Solar Power Plant Tenders
18 18 Seepage in Roof 137
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
1. SCOPE OF WORK
1.1 The Scope of the Work would essentially cover, but not limited to Site Survey of Identified Roof
Tops and Surplus Land / Identification of New Roof Tops and Surplus Land , Site Visit, Solar
Potential Assessment, Finalization of plant capacity for Identified Locations, Design,
Engineering, Supply, Storage, Civil work, Erection, Testing, Commissioning, Inter-connections
with the grid for net metering as per state/UT Policies, Obtaining No Objection Certificate (NOC)
from Distribution Company (DISCOM) for grid connectivity obtaining all statutory approvals, quality
control of the grid connected rooftop and small ground mounted Solar PV Project including
Operation and Maintenance (O & M) of the project for a period of 5 years after commissioning
& acceptance of project.
2. PROJECT COST
2.1 Bidder shall quote for the entire facilities on a single responsibility basis such that the total Bid
Price covers all the obligations mentioned in the Bidding Documents in respect of Design, Supply,
Erection, Testing and Commissioning including Warranty, Operation & Maintenance for a period of 5
years , goods and services including spares required if any during O&M period. The Bidder has to
take all permits, approvals licenses, and Insurance etc., provide training and such other items and
services required to complete the scope of work mentioned above.
2.1.1 The Project cost quoted is on lump sum turnkey basis and the bidder is responsible for the total
Scope of work described at Clause 1.1 above.
2.1.2 The Project cost shall remain firm and fixed and shall be binding on the Successful Bidder till the
execution of the project. No escalation will be granted on any reason whatsoever. The bidder shall
not be entitled to claim any additional charges, even though it may be necessary to extend the
completion period for any reasons whatsoever.
2.1.3 The Project cost shall be inclusive of all duties and taxes, insurance etc. The prices quoted by the
firm shall be complete in all respect and no price variation /adjustment shall be payable by
REIL/ONGC. However, statutory variation of taxes and duties may be paid by ONGC.
2.1.4 The Operation & Maintenance of Solar Photovoltaic Power Plant would include wear, tear,
overhauling, machine breakdown, Insurance, and replacement of defective modules, invertors /
Power Conditioning Unit (PCU), spares, consumables & other parts for a period of 5 years.
2.1.5 The Project cost shall be specified in sanction letter based on Successful Bidders quote for each
project. The project cost shall be in accordance with all terms, conditions, specifications and other
conditions of the Contract as accepted by the REIL and incorporated into the sanction letter.
2.1.6 The Bidder shall complete the Price Bid as per KW basis for Gujarat, Uttarakhand , Assam and
Tripura furnished in the NIT Documents.
3.1 In both General Category and Special Category States, PMC charges of REIL shall be computed as
5% of the [Quoted Project Cost/ MNRE benchmark cost, whichever is lower, minus incentives].
3.2 The above charges are exclusive of GST which shall be paid extra as per applicable norms.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
3.3 The above PMC Charges of REIL shall be deducted from the eligible incentive at the time of
disbursement of first installment of eligible incentive to the successful bidder subject to clause 4
below and 12 of SCC. Bidder will not raise any dispute on PMC charges of REIL with company.
4.1 The Successful Bidder shall be issued Letter of Allocation (LOA) indicating the allocated capacity
and the allocated buildings.
4.2 The successful bidder shall, within Sixty (60) days of the issuance of LOA shall do a detailed survey
of the allotted sites and submit any deviance in capacity to REIL in writing along with the
documentary evidence. If there are no discrepancies notified in the capacity within Sixty (60) days of
issuance of LOA, the capacity listed under Annexure-II shall be deemed final and any deviation from
such capacity at the time of Commercial Operation Date shall result in forfeiture of PBG.
4.3 Successful bidder shall enter into an agreement with ONGC for the subject capacity. ONGCs work
center will place the work-order within seven days of Agreement and finalization of capacity for work
center at a cost arrived by multiplying the capacity with unit rate quoted by bidder. ONGC shall pay
to the Contractor a maximum amount of, 75% of project cost for the General Category States and
40% of the project cost for the Special Category States as per MNRE guidelines. The payment
related to ONGC part will be released as per milestone payment formulae in the tender document.
The balance amount 25% of quoted project cost for the General Category States and 60% of the
quoted project cost for the Special Category States shall be disbursed in the form of incentive
directly by M/s REIL on behalf of MNRE as per MNRE guidelines. It will be responsibility of the
contractor to submit necessary documentation to M/s REIL for release of incentive amount.
4.4 The bidders who have been notified as Successful Bidders, shall be given 7 (Seven) Months from
the date of issuance of Letter of Allocation for execution of the capacity in case of General Category
States/ UTs and 9 (Nine) Months from the date of issuance of Letter of Allocation for execution of the
capacity in case of Special Category States/ UTs/ Islands. The time for submission of project
sanction documents by the bidder to REIL will be maximum 4 (Four) Months from the date of
issuance of allocation letter which can be extended depending upon the merit of the case.
4.5 If the successful bidder fails to commission the sanctioned project within specified time i.e. 7 (Seven)
Months/ 9 (Nine) Months from the date of LOA, as the case may be, no incentive shall be disbursed.
However, further period of 05 (Five) months shall be allowed to Bidder for completion of entire
unexecuted allocated capacity and penalty/ LD as per clause 3.6.2 of GCC PART III of NIT will be
levied .i.e. total 12 (Twelve) Months/ 14 (Fourteen) Months, as the case may be, from the date of
issuance of LOA], the project will get cancelled and the total PBG would be forfeited. In case, due to
delay, PBG submitted by the bidder(s) is forfeited in full/ part, bidder has to resubmit the PBG of
requisite amount and validity as per the NIT, failing which their Incentive amount shall not be
released.
4.6 Successful bidder shall share the time and date stamping photographs of the roofs and location
details (Address) with REIL before entering into any legal agreement with the Owner. This has to
ensure that the location identified by the Successful Bidder / Developer is strictly complying the list
provided along with the NIT document.
4.7 Onus of locating the buildings/rooftops and completing the other documentation like finalizing the
Project report and entering into agreements with the buildings/rooftops owners lies with the
Successful Bidder / Developer within the above-mentioned time frame even for the buildings/rooftops
identified by REIL for preferential installation.
4.8 After submission of Project Documents by the Successful Bidder/ Project Developer for sanction and
accepted by REIL, REIL will issue the Sanction Letter(s) for the Project (s) indicating the Incentive
amount (s) which will be disbursed in line with the provisions of the NIT document.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 130 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
5. Incentive Disbursement
5.1 REIL shall provide incentive as per Table 1.2 subject to release of incentive by MNRE. Target setting
has to be done cumulatively for buildings/ premises in the package allocated to project developers.
67% (2/3rd) of the amount mentioned in the Table 1.2 after deducting REIL Service charge shall be
disbursed after Successful Commissioning and acceptance of project and balance 33% (1/3rd) of
the amount mentioned in the Table 1.2 after deducting REIL Service charge, after completion of
first year of successful O & M, if project is commissioned in sanctioned time.
5.3 Similarly, incentive amount shall be disbursed as per Annexure-III of this NIT for delayed
commissioning proportionate to the eligible amount.
5.4 REIL may consider to release Incentive on case to case basis depending on the actions taken by the
Successful Bidder and subject to meeting the following conditions:
1) The rooftop and ground mounted SPV power plant should be completed as per the Scope
of NIT.
2) The SPV power plant must get CEIG inspection certificate.
3) All the bidders shall intimate the concerned DISCOMs regarding implementation of grid
connected roof top and ground mounted solar PV projects as per the given format in
Annexure-M and submit the copy of same to REIL for the purpose of release of Incentive.
5.5 The Incentive for the project executed under this scheme shall be provided by the MNRE only and no
other incentive can be claimed by the bidder/rooftop owner from other Agencies including State
Government / Ministries under Central Government.
6.1 The successful bidder shall be responsible for all the required activities for successful operation and
maintenance of the Rooftop and ground mounted Solar PV system for a period of 5 years from the
date of commissioning of the plant.
6.2 For system sizes above 25 kWp, below mentioned guidelines, shall be followed. In addition, O & M
practices shall be strictly followed as per Annexure D.
6.2.1 O&M of Solar Power Plant shall be compliant with grid requirements to achieve committed energy
generation.
6.2.2 Deputation of qualified and experienced engineer/ technicians till the O&M period at project site.
6.2.3 Periodic cleaning of solar modules. The modules shall be cleaned with a periodic interval of 15 days
or as and when required as per actual site conditions. Its the responsibility of the bidder to get the
modules cleaned during O & M Period. Roof Top Owner is responsible for such obligation of bidder
so as to achieve minimum CUF, 15 % for General category and 13.5 % for special category states.
6.2.4 Periodic checks of the Modules, PCUs and BOS shall be carried out as a part of routine preventive
and breakdown maintenance.
6.2.5 Immediate replacement of defective Modules, Invertors/PCUs and other equipment as and when
required.
6.2.5.1 Supply of all spares, consumables and fixtures as required. Such stock shall be maintained for all
associated equipments and materials as per manufacturers / suppliers recommendations.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
6.2.5.2 All the testing instruments required for Testing, Commissioning and O&M for the healthy operation of
the Plant shall be maintained by the Bidder. The testing equipment must be calibrated once in a year
from NABL accredited labs and the certificate of calibration must be kept for reference as required.
6.2.5.3 If negligence/ mal-operation on part of the Bidder's operator results in failure of equipment, such
equipment should be repaired/ replaced by the Bidder free of cost.
6.2.5.4 Co-ordination with Owner / DISCOM / CEIG as per the requirement for Joint Metering Report (JMR).
The person in charge present at site from bidders side shall take a joint meter reading in the
presence of rooftop owner on a daily basis. Furnishing generation data (JMR) each month to REIL
positively by 1st week of every month for the previous month. Failure to adhere may result in non-
disbursal of Incentive
6.2.5.5 Online Performance Monitoring, controlling, troubleshooting, maintaining of logs & records. A
maintenance record register is to be maintained by the operator with effect from Commissioning to
record the daily generation, regular maintenance work carried out as well as any preventive and
breakdown maintenance along with the date of maintenance, reasons for the breakdown, duration of
the breakdown, steps taken to attend the breakdown, etc.
6.2.5.6 For any issues related to operation & maintenance, a toll-free number shall be made available to the
rooftop owner/ plant owner to resolve within 72 hours. If not attended within such stipulated time, a
complaint may be raised to REIL/ONGC , pursuant to which, a penalty of Rs. 25 per kw / day more
shall be imposed., If the outage of the plant is more than 30 days continuously, then the 50% PBG
amount shall be encashed by ONGC and If the outage is exceeding more than 60 days than
complete PBG amount shall be encashed by ONGC. This will be applicable till 5 years of O&M as
per the Scope of the NIT.
6.2.5.7 If any jobs covered in O&M Scope as per NIT are not carried out by the contractor/ Bidders during
the O&M period, the Engineer-In-Charge shall take appropriate action as deemed fit. REIL reserves
the right to make surprise checks/ inspection visits at its own or through authorized representative to
verify the O&M activities being carried out by the Bidder. Failure to adhere to above guidelines will
result in penal action including debarring from participation in next tender.
Metering and grid connectivity of the roof top solar PV system under this scheme would be the
responsibility of the Bidder in accordance with the prevailing guidelines of the concerned DISCOM
and / or CEA (if available by the time of implementation). REIL/ SNA could facilitate connectivity;
however, the entire responsibility lies with bidder only.
The successful bidder shall be required to meet minimum guaranteed generation with Performance
Ratio (PR) at the time of commissioning and related Capacity Utilization Factor (CUF) as per the GHI
levels of the location during the O&M period. PR should be shown minimum of 75% at the time of
inspection for initial commissioning acceptance to qualify for release of applicable incentive.
Minimum CUF of 15% for General Category States and 13.5% for Special Category States should
be maintained for a period of 5 years for fulfilling one of the conditions for release of PBG. The
bidder should send the periodic plant output details to REIL/ ONGC for ensuring the CUF. The PR
will be measured at Inverter output level during peak radiation conditions..
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 132 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
The successful bidder shall submit the progress report monthly to REIL in Prescribed Performa.
REIL will have the right to depute its representatives to ascertain the progress of contract at the
premises of works of the bidder.
The successful bidder shall submit the Project Completion Report (both in editable soft copy and
signed hard copy) after commissioning of the project as per the Scope of NIT to REIL/ONGC as per
the Format given in Annexure L. Non-submission of the report shall be considered as Breach of
Contract and shall attract punitive actions as per the relevant provisions of the Contract including
non-release of Incentive. However, the decision of Engineer - in - charge shall be final in this regard.
The successful bidder shall submit the Monthly O&M Report mandatorily to REIL/ONGC as per the
Format enclosed at Annexure-K. Non-submission of the report shall be considered as Breach of
Contract and shall attract punitive actions as per the relevant provisions of the Contract including
non-release of Incentive. However, the decision of Engineer - in - charge shall be final in this regard.
9. PROJECT INSPECTION
All Projects progress will be monitored by REIL/ONGC and the projects will be inspected for quality
at any time during commissioning or after the completion of the project either by officer(s) from REIL
or any agency/ experts designated / authorized by REIL/ONGC from time to time. REIL/ONGC shall
depute a technical person(s) from its list of empanelled experts/ agencies updated from time to time
for inspection, Third party verification, monitoring of system installed to oversee, the implementation
as per required standards and also to visit the manufacturers facilities to check the quality of
products as well as to visit the system integrators to assess their technical capabilities as and when
required. The cost of Inspection to be carried out by REIL shall be borne by REIL. The cost of re-
inspection, if any shall be borne by contractor .The projects shall be inspected at any time during
commissioning or after the completion of the project(s) as follows:
Inspection shall be carried out by Inspecting officer(s) nominated by REIL/ONGC, REIL officials, or
any other agencies if required, to be notified by REIL from time to time.
11.2 The Successful bidder or its subcontractors shall not display the photographs of the work and not
take advantage through publicity of the work without written permission of REIL and owner of the
Rooftop.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
11.3 The Successful bidder or its subcontractors shall not make any other use of any of the documents or
information of this contract, except for the purposes of performing the contract.
11.4 REIL will not be bound by any Power of Attorney granted/ issued by the Successful bidder or its
subcontractors or by any change in the composition of the firm made during or subsequent to the
execution of the contract. However, recognition to such Power of Attorney and change (if any) may
be given by REIL after obtaining proper legal advice, the cost of which will be chargeable to the
Successful bidder concerned.
11.5 Bidder or owner of the building has to obtain all the necessary approvals/Consents/Clearances
required for Erection, Testing, Commissioning and O&M of the project including Grid connectivity.
REIL shall not have any responsibility in this regard.
In case REIL or Successful bidder may undergo any merger or amalgamation or a scheme of
arrangement or similar re-organization & this contract is assigned to any entity (ies) partly or wholly,
the contract shall be binding mutatis mutandis upon the successor entities & shall continue to remain
valid with respect to obligation of the successor entities.
11.7 SEVERABILITY:
It is stated that each paragraph, clause, sub-clause, schedule or annexure of this contract shall be
deemed severable & in the event of the unenforceability of any paragraph, clause sub-clause,
schedule or the remaining part of the paragraph, clause, sub-clause, schedule annexure & rest of
the contract shall continue to be in full force & effect.
11.8 COUNTERPARTS:
This contract may be executed in one or more counterparts, each of which shall be deemed an
original &all of which collectively shall be deemed one of the same instrument.
11.9 RIGHTS & REMEDIES UNDER THE CONTRACT ONLY FOR THE PARTIES:
This contract is not intended & shall not be construed to confer on any person other than the
REIL/ONGC & Successful bidder hereto, any rights and / or remedies herein.
12.1 The Bidder shall complete the roofs and surplus land identification, submission of project sanction
documents as per the requirement of REIL/ ONGC Engineer-in-Charge design, engineering,
manufacture, supply, storage, civil work, erection, testing & commissioning of sanctioned project(s)
within 7months & 9 months from the date of issue of allocation letter(s) for General category states
and special Category states respectively. In case of delay beyond scheduled commissioning period,
the incentive for bidder shall be disbursed in line with the provisions of NIT documents. A reference
sheet indicating calculation of incentive based on time schedule is attached as Annexure-III to this
NIT.
If project got delayed from scheduled commissioning date, penalty/LD would be levied as per clause
6.3.2 of GCC PART- III of NIT. After 5 months (i.e. total 12 months & 14 months from the date of
issuance of LOA for General category states and special Category states respectively ), the project
will get cancelled and the total PBG would be forfeited.
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
12.2 The period of construction given in Time Schedule includes the time required for mobilization as well
as testing, rectifications if any, retesting and completion in all respects to the entire satisfaction of the
Engineer-in-Charge.
12.3 A joint programme of execution of the Work will be prepared by the Engineer-in-Charge or its
representative nominated for the purpose and Successful bidders based on priority requirement of
this project. This programme will take into account the time of completion mentioned in clause above
and the time allowed for the priority Works by the Engineer-in-Charge.
12.4 Monthly/Weekly implementation programme will be drawn up by the Engineer-in-Charge jointly with
the Successful bidder, based on availability of Work fronts. Successful bidder shall scrupulously
adhere to these targets /programmes by deploying adequate personnel, tools and tackles and he
shall also supply himself all materials of his scope of supply in good time to achieve the
targets/programmes. In all matters concerning the extent of targets set out in the weekly and
monthly programmes and the degree of achievements, the decision of the Engineer-in-Charge will
be final and binding.
Successful bidders authorized representative, in whose name PoA has been executed and
submitted along with the bid, shall be provided Password and User id for updating the project
progress on biweekly basis in the sanction letter/ Allocation letter for the City. Successful bidder
should update the info as per the requirement of the software tool. Non updating of the progress
shall be considered as no progress and shall attract punitive actions as per the relevant provision of
the Contract. However, the decision of Engineerin -charge shall be final in this regard.
The Successful bidder shall permit REIL/ ONGC to inspect the Successful bidders site, accounts
and records relating to the performance of the Contractor and to have them audited by auditors
appointed by the REIL/ ONGC, if so required by the REIL/. ONGC any time.
The plant will be deemed as commissioned on successful connectivity with the grid for net metering
fulfilling the local DISCOM requirement when the Successful bidder fulfils his all obligation under the
Contract, he shall be eligible to apply for Completion/Commissioning Certificate. The Engineer-in-
Charge shall normally issue to the Successful bidder the Completion Certificate within one month
after receiving the application, after verifying all the completion documents including PR Test and
satisfying himself that the Work has been completed in accordance with and as set out parameters
in Contract documents.
For the purpose of above the following documents will be deemed to form the completion
documents:
a) Checklist for inspection of Roof Top SPV power plants as per format.
b) Project completion and satisfaction certificate from roof top owners.
c) PR Test Report for 15 days after commissioning of plant.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
15.1.2 HANDOVER OF THE PLANT AND START OF O&M PERIOD:
After commissioning & acceptance of the plant can be handed over only after successful
demonstration of PR Test. The O&M period will start after successful demonstration of PR Test.
15.1.2.1Upon completion of 5 years of O & M and subject to the Engineer-in-Charge being satisfied, the
Engineer-in-Charge shall (without prejudice to the rights of the REIL/ ONGC to retain the provisions
of relevant Clause hereof) issue a certificate herein referred to as the Final Certificate to that effect
and the Successful bidder shall not be considered to have fulfilled the whole of his obligations under
Contract until Final Certificate shall have been issued by the Engineer-in-Charge notwithstanding
any previous entry upon the Work and taking possession, working or using of the same or any part
thereof by the Owner of Roof.
15.2.1 All costs, damages or expenses which REIL/ONGC may have paid or incurred, which under the
provisions of the Contract, the Successful bidder is liable/will be liable, will be claimed by REIL. All
such claims shall be billed by REIL/ONGC to the Contractor within 15 (fifteen) days of the receipt of
the payment request and if not paid by the Successful bidder within the said period, REIL/ONGC
may, then, deduct the amount from any moneys due i.e., Performance Security or becoming due to
the contractor or Successful bidder under the contract or may be recovered by actions of law or
otherwise, if the Successful bidder fails to satisfy REIL/ONGC of such claims.
REIL/ONGC requires that Successful Bidders should follow the highest standard of ethics during the
execution of contract. In pursuance of this policy, REIL/ONGC:
16.1 defines, for the purposes of this provision, the terms set forth as follows :
16.2 Corrupt practice means offering, giving, receiving or soliciting of anything of value to influence the
action of a public official in the bid process or in contract execution; and
16.3 Fraudulent practice means a misrepresentation of facts in order to influence a bid process or the
execution of a contract to the detriment of the REIL/ONGC/ Govt scheme, and includes collusive
practice among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial
non-competitive levels and to deprive the REIL/ ONGC of the benefits of free and open competition;
16.4 Will declare a firm ineligible/debarred, either indefinitely or for a specific period of time, a GOVT
contract if at any time it is found that the firm has engaged in corrupt or fraudulent practices in
competing for, or in executing, a Government / REIL schemes.
17.1 REIL/ONGC reserves the right to carry out the performance review of each Bidder from the time of
submission of Bid onwards. In case it is observed that a bidder has not fulfilled its obligations in
meeting the various timelines envisaged, in addition to the other provisions of the NIT, such Bidders
may be debarred from participating in REILs/ ONGCs any future tender for a period as decided by
the competent authority of REIL/ ONGC.
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
17.2 The Successful bidder must ensure that the ROOF TOP SOLAR PV SCHEME Incentive is available
for newly commissioned projects i.e. for the projects whose construction/dispatch of equipments
have been started only after the issue of sanction letter/allocation letter .Any roofs on which projects
has been installed or commissioned before the issue of allocation letter/sanction letter shall be
construed as fraudulent activity in which case Successful bidder(s) may be debarred from
participating in REILs future tender for a period as decided by the Competent authority. However,
such locations may be used for installation of additional capacity with the prior approval of competent
authority.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
PART V
Tel: +91-141-2471835,+91-141-2470879 ,
Fax- +91-141-2470139
&
Website - http://www.reiljp
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
TABLE OF CONTENTS
PAGE
SNO APPENDIX DESCRIPTION
NO.
1 Appendix-1 Format for Submitting NIT (Cover Letter) 141
2 Appendix-2 General Particulars of Bidder 144
3 Appendix-3 BID Evaluation Criteria (BEC) 145
4 Appendix-4 Details of Power Plant Performance Guaranteed parameters 155
5 Appendix-5 Performa for Financial Proposal :Not Applicable, Refer to Price 156
Schedule on line
6 Appendix-6 Details of qualified technical staff for EPC and O&M separately 157
7 Appendix-7 Format for Declaration of Compliance 158
8 Appendix-8 Format for No Deviation Certificate 159
9 Appendix-9 Format for Declaration on Bidder's relation to Directors 160
10 Appendix-10 Format for Execution Timeline 161
11 Appendix-11 Performa of acknowledgement letter for receipt of NIT Documents 162
12 Appendix-12(a) Format of Bank Guarantee for Bid Security 163
13 Appendix-12(b) Format of Bank Guarantee for Performance Security during EPC 166
14 Appendix-12(c) Format of Bank Guarantee for Performance during O&M 169
15 Appendix-12(d) Checklist for Bank Guarantee Verification 172
16 Appendix-12(e) Techno Commercial Bid Matrix 173
17 Appendix-13 Terms of payment 186
18 Appendix-14 Format for Contract Agreement 189
19 Appendix-15 Format for Power of Attorney for signing of Bid 191
20 Appendix-16 Format of Board Resolution 193
21 Appendix-17 Format for Indemnity Bond to be executed by The Contractor for The 194
Removal / Disposal of Scrap/Disposal of Surplus Material
22 Appendix-18 Format for Indemnity Bond to be executed by the contractor for the 196
Plant handed over to Employer for Performance of its O&M Contract
(Entire Solar PV Plant)
23 Appendix-19(a) Format for Indemnity bond to be executed by the contractor for the 199
equipment handed over by the employer for performance of its
contract (entire equipment consignment in one lot)
24 Appendix 19(b) Format for indemnity bond to be executed by the contractor for the 202
equipment handed over in installments by the employer for
performance of its contract.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
37 Appendix-B-13 ESIC code 222
38 Format-A Shareholding Certificate 223
39 Format-7 Financial Eligibility Criterion Requirement 224
40 Format-8 Certificate of relationship of Parent Company or Affiliate with the 226
Bidding Company
41 Format-9 Undertaking from the financially evaluated entity or its parent 227
company / ultimate parent company
42 Annexure-A Documents Require for Project Sanction 229
43 Annexure-B List of Banks 230
44 Annexure-D O&M guideline of solar PV Plant 232
45 Annexure-G Quality Certificate Standards and Testing 235
46 Annexure-H Project Report Format 239
47 Annexure-K Monthly O&M Report 240
48 Annexure-L Project Completion Report 243
49 Annexure-M Intimation to DISCOM for implementation of PV Plant 255
50 Annexure-O GST Undertaking 246
51 Annexure-N Undertaking from Biding company in the case of MSME 247
52 Appendix-29 Approved List of Vendors 248
53 Annexure-II List of Identified rooftops and Surplus Land indicating potential for 255
proposed installation capacity
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-1
FORMAT FOR SUBMITTING NIT
Covering Letter
(The covering letter should be on the Letter Head of the Bidding Company)
Ref.No. _________Date:___________
__________________
__________________
Tel.#:
Fax#:
E-mail address#
To
Dear Sir,
1. We, the undersigned.[insert name of the Bidder] having read, examined and
understood in detail the NIT Document for Implementation of Grid connected Roof Top
and Small Solar Power Plants Programme hereby submit our Bid comprising of Price
Bid and Techno Commercial Bid. We confirm that neither we nor any of our Parent
Company / Affiliate/Ultimate Parent Company has submitted Bid other than this Bid
directly or indirectly in response to the aforesaid NIT.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Documents as per the provisions of the NIT and provisions of such NIT Documents
shall be binding on us.
3. Bid Capacity
We have bid for the State(s) _____________ for the capacity of __ MWp. (mention in
the separate table, capacity and state(s) name for the State(s) as per NIT terms and
conditions)
4. BID SECURITY
5. We have submitted our Price Bid strictly as per this NIT, without any deviations,
conditions and without mentioning any assumptions or notes for the Price Bid in the said
format(s).
7. Acceptance
We hereby unconditionally and irrevocably agree and accept that the decision made by
RAJASTHAN ELECTRONICS & INSTRUMENTS LTD. in respect of any matter
regarding or arising out of the NIT shall be binding on us. We hereby expressly waive
any and all claims in respect of Bid process.
We confirm that there are no litigations or disputes against us, which materially affect
our ability to fulfill our obligations with regard to execution of projects of capacity offered
by us.
We confirm that we have studied the provisions of the relevant Indian laws and
regulations as required to enable us to submit this Bid and execute the NIT Documents,
in the event of our selection as Successful Bidder. We further undertake and agree that
all such factors as mentioned in NIT have been fully examined and considered while
submitting the Bid.
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
9. Contact Person
Name :
Designation : ....
Company : .
Address : .
Phone Nos. : .
Fax Nos. : .
E-mail address : .
10. We are enclosing herewith the Envelope-I (Covering letter and Bid Security in the
form of BG etc. as per clause 3.8.1.A of the NIT) ) (through online and offline
both ) and Envelope-II (Techno-Commercial documents) (through online and
offline both ) and Envelope III (Price Bids) (through online) containing duly signed
formats, each one duly sealed separately, in one original as desired by you in the
NIT for your consideration as per clause 3.8.1 of the NIT.
It is confirmed that our Bid is consistent with all the requirements of submission
as stated in the NIT and subsequent communications from RAJASTHAN
ELECTRONICS & INSTRUMENTS LTD. The information submitted in our Bid is
complete, strictly as per the requirements stipulated in the NIT and is correct to
the best of our knowledge and understanding. We would be solely responsible
for any errors or omissions in our Bid. We confirm that all the terms and
conditions of our Bid are valid for acceptance for a period of 6 month from the Bid
deadline. We confirm that we have not taken any deviation so as to be deemed
non-responsive.
Thanking you,
We remain,
Yours faithfully,
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 143 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-2
With Stamp
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-3
1. EPCPrice i.e. Total sum of the price indicated in the Price schedule (Supply+Service) including
taxes & Duties.
2. Net Present Value (NPV) of O&M Contract Price including taxes for 5 years to be calculated at a
Discount rate of 10.81 % p.a.
Evaluated Bid Value (EBV) = (1) EPCPrice + (2) NPV of O&M Contract Price
Note:
1. Bidder with lowest EBV shall be L-1 and the Bidder higher than that shall be the L-2 and so on.
2. Present Value Factor for the mentioned Discount Rate will be considered up to 3 decimal places only.
3. The evaluated price for EPC Works shall be inclusive of all taxes and duties as price quoted by the bidder &
evaluated Price for O&M works shall be including taxes. The award shall be placed including of taxes and
duties. Bidder is required to ascertain correctness of applicable Taxes and Duties at the time of bid
submission, as for the purpose of evaluation, the Taxes and Duties mentioned by bidder shall be considered.
The same shall be paid/reimbursed based on the documentary evidence submitted by the bidder during
execution, subject to the maximum limit, mentioned by the bidder and considered during evaluation.
4. In case, any of the item/ component from the entire supplies is imported by the bidder then the price break up
of those items shall be mentioned separately along with the applicable taxes and duties (bidder is required to
ascertain correctness of taxes & duties as for the purpose of evaluation the Taxes and Duties mentioned by
bidder shall be considered). Further in case, any concession/ exemption is desired to be availed by the bidder
as applicable by the permissible law/ rule/ regulations then the same shall be mentioned by the bidder.
5 In schedule of prices, Summary of Taxes and Duties, if bidder does not mention any tax amount against
any type of tax and writes Extra at actuals or leave blank or writes-NIL or writes any other comment, the
same shall be considered as ZERO and it is presumed that bidder has incorporated effect of these Taxes
somewhere else in the price bid.
6. The bidding process under this rooftop and small solar power plants programme is for 15 MWp capacity
(CAPEX Model) at ONGC Premises in different States of India as per Annexure-II of NIT. Bidder shall submit
bids for minimum one state .An indicative capacity allocated to the Gujarat, Uttarakhand, Assam and Tripura
are mentioned in the Tables given in Clause 2.1.1 of IFB.REIL/ ONGC reserves the right to place order for
one or more states to one bidder based on the evaluation.
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
The following requirements shall be strictly complied with by the bidder failing which the bid will not be considered:
A-1) COMMERCIAL
1.0 Bids should be submitted under E-bidding in two bid System as per Clauses 3.8 (A&B) of ITB of PART-II of Bidding
Documents.
Bid along with all appendices and copies of documents (including scanned copies of the documents required in
original) should invariably be submitted in two-bid system in the document area through REIL e-bidding portal
before the schedule date and time for the tender closing. Such documents submitted through e-bidding portal
should be as per requirements of the tender, valid and legally operative as on the date fixed for opening of bids
(techno-commercial bid opening date in case of two bid system). All the documents uploaded shall be digitally
signed by the authorized signatory of the bidder.
All the uploaded documents should be submitted in physical form also, in a sealed envelope superscribed as
Physical documents against e-procurement Tender Number opened on .., so as to reach to
the purchasers office (as indicated in invitation to bid) from bidders, after opening of bids (submitted through the
e-bidding portal):
If the bidder fails to submit original documents with the same content as in the copies submitted in the un-priced bid
folder (through e-bidding portal) and in accordance with the bidding document, irrespective of their status/ranking in
tender, the bid will be rejected and REIL may consider to debar the Bidder from participating against its future
tenders.
The price bids submitted in physical form against e-procurement tenders shall not be given any cognizance.
2.0 Basis of the bidding shall be as per Clause 3.8 of ITB of PART-II Bidding Documents.
3.0 Submission of prices shall be strictly in Proforma enclosed at Schedule of Rates sheet of Bidding Documents ON
LINE.
4.0 Validity of bid and submission of original Bank Guarantee towards Bid Security shall be strictly as per Clause 3.10
of ITB of PART-II of Bidding Documents.
5.0 Compliance of the requirements of Clauses 3.3.4&3.3.5 of ITB of PART-II of Bidding Documents in case of bids by
incorporation of Project Company and Joint Ventures.
6.0 Unconditional acceptance of provisions relating to Contract Price, Payment Procedure, Discharge Certificate as per
Clauses 3.1, 3.2 & 5.14 of GCC of PART-III of Bidding Documents.
7.0 Submission of Performance Guarantee as per Clause 3.3 of GCC of PART-III of bidding documents.
8.0 Unconditional acceptance of Duties and Taxes as per Clause 3.4 of GCC of PART-III of Bidding Documents.
9.0 Adjustment of contract price - Not Applicable
10.0 Unconditional acceptance of Guarantee Conditions as per Clause 6.1 of GCC of PART-III of Bidding Documents.
11.0 Unconditional acceptance of Completion, Failure and Termination as per clause 6.3 of GCC of PART-III of Bidding
Documents.
12.0 Unconditional acceptance of Insurance and Liability as per Clause 7.3 of GCC of PART-III of Bidding
Documents.
13.0 Unconditional acceptance of Force Majeure as per Clause 7.5 of GCC of PART-III of Bidding Documents.
14.0 Unconditional acceptance of Applicable Laws, Arbitration and change in Law as per Clauses 1.3 and 7.6 of
GCC of PART-III of Bidding Documents.
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
15.0 Unconditional acceptance of Alteration/Variation as per Clause 8.1 of GCC of PART-III of Bidding
Documents.
16.0 Personal Taxes
Bidder must agree to bear all personal taxes as may be imposed on his employees and the employees of his sub-
contractors, vendors, back-up consultants, joint venture partner(s) etc., on account of their association with or for
performance of work in India.
17.0 Corporate Tax
Indian bidders and JV led by Indian bidder must agree to bear corporate tax, which may be levied on the
Contractor, their joint venture partner (s), sub-contractors, back-up consultants, etc.
18.0 Unconditional acceptance of weather conditions as per clause 2.3.2 of GCC of PART-III of the Bidding documents.
19.0 Acceptance of terms and condition:
The bidder must submit an undertaking along with their techno commercial bid that all instructions and conditions of
tender document are acceptable to them unconditionally.
20.0 The offers of the bidders indicating/ disclosing prices in techno-commercial (un-priced bid) or at any stage before
opening of price bid shall be straightaway rejected.
21.0 Offers of following kinds will be rejected:
a) Offers made without bid security (earnest money deposit / bank guarantee) along with the offer
b) Not Applicable
c) Offers where prices are not firm during the entire duration of contract and / or with any qualifications.
d) Offers which do not conform to the completion period indicated in the bid.
e) Not Applicable
f) Offers of the bidders violating the provisions of integrity pact
i) Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening of techno-
commercial unpriced bid.
j) Offers and all attached documents not digitally signed using digital signatures issued by an acceptable
Certifying authority (CA) as per Indian IT Act 2000 by the person as per power of attorney submitted as per
BEC clause A.1(1.0)
22.0 Offers not accompanied with a copy of valid registration certificate under GST Rules or an undertaking for
submission of copy of requisite GST registration certificate alongwith the first invoice under the contract are liable
for rejection.
23.0 Offers not accompanied with an undertaking to provide all the necessary certificates / documents for enabling
ONGC to avail INPUT Credit benefits, in respect of the payments of GST and /or CVD , etc. which are payable
against the contract (if awarded) along with documentary evidence for payment of GST are liable for rejection.
24.0 Offers not accompanied with a declaration that neither the bidders themselves nor any of its allied concerns ,
partners or associates or directors or proprietors involved in any capacity, are currently serving any banning orders
issued by ONGC debarring them from carrying on business dealings with ONGC will be liable for rejection.
25.0 Offers not accompanied with an undertaking on the companys letter head and duly signed by the signatory of the
bid, that all the documents / certificate / information submitted by them against the tender are genuine. In case any
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
of the documents / certificates / information submitted by the bidder is found to be false or forged, action as deemed
fit may be initiated by ONGC at its sole discretion.
A-2) TECHNICAL
Bidders are advised not to take any exception/deviations to the bid document. The exceptions / deviations along
with suggested changes are to be communicated to REIL within the date specified in the NIT and bid document.
REIL after processing such suggestions may, through an addendum to the bid document, communicate to the
bidders the changes in its bid document, if any. Still, if exceptions /deviations are maintained in the bid, such
conditional/ non- conforming bids shall not be considered and may be rejected outright.
1.0 Only the bidders, who quote for the complete Scope of Work including optional items (if any) as described in the
Bidding Documents, addendum (if any) and any subsequent information given to the bidder, shall be considered.
Bidders to note that it is mandatory to fill up information / details / confirmation in response to the technical queries
asked in Appendix-12(e) enclosed elsewhere in bidding document. Hence bidders are advised to ensure that they
submit complete details without any ambiguity in the space provided or in the format / tables / Annexure specifically
asked for with Appendix -12(e), along with their proposal.
2.1a) The Bidder (i.e. Single bidder / Indian Joint Venture company Incorporated) should have designed, supplied,
erected and commissioned solar photovoltaic based grid connected power plant(s) of cumulative installed capacity
of 5 MW or more capacity, out of which at least one Plant should have been of 500 KW capacity or above. The
reference Plant of 500 KW or above capacity must have been in successful operation for at least One Year prior to
the date of issue of NIT.
The projects, either through a single contract or separate contracts for 2.1 a) above for which the experience is
claimed in the areas of PV solar plant
i) Shall have the relevant activities such as designed, supply, erection and commissioning.
j) should have been satisfactorily completed and handed over / commissioned prior to the date of opening of
Techno-commercial bid.
k) Successful operation for at least One Year prior to the date of issue of NIT.
Copy of the Commissioning & successful operation certificate (with clear description of Design, supply & erection &
commissioning) and Work order/ Contract/ Agreement from the Client/ Owner shall be submitted.
2.1 (b) The bidder should meet the experience criteria detailed above.
In case the bidder is an Incorporated Indian Joint Venture Company, registered in India and incorporated under the
Companies Act 1956 and any amendments there under, then the technical experience criteria laid down in the
Technical BEC should be met as under:
(i) The Joint Venture Company by itself should meet the experience criteria or
(ii) The Joint Venture Partner (who can be either a Indian or a foreign company) having a stake of at least 26%
in the Joint Venture Company should meet the technical experience criteria stipulated in the tender on its
own and cannot rely on any other arrangement such as Consortium or Supporting Company of the JV
Partner for meeting the technical experience criteria. Documentary evidence in support of the above should
be submitted along with the techno-commercial bid.
(iii) In case of (ii) above, an undertaking from the Joint Venture partner, based on whose experience the JV seek
qualification, shall be submitted with the techno commercial bid stating they shall maintain minimum 26%
shareholding in the JV till the execution of the contract
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
2.2 The Bidder (i.e. Single bidder / Indian Joint Venture company Incorporated being jointly and severally liable to the
Company) must himself (and not through collaboration agreement or other subcontracts) have the relevant
experience for project management in contracts as enumerated at para 2.1a) above and for at least one of the
following main activities:
a) Designed.
b) Supply.
c) Erection & commissioning.
The overall responsibility of project management of entire project shall be that of Contractor. Contractor shall also
be required to perform by themselves and not through subcontract, project management in contracts as per the
scope of work for the current tender and at least one of following main activities based on which they are seeking
their qualification:
a) Designed.
b) Supply.
c) Erection & commissioning
A bid submitted by a bidder not meeting these requirements will be rejected for being non- responsive.
2.2.1 Deleted.
2.3 Save as provided in sub Para 2.2 above, for the purpose of assessment of experience and capability of executing
the work, the experience and capability of the executing agencies i.e. Main bidder, Joint Venture partners, sub-
Contractors, back-up Consultants, if any, in executing the aforesaid activities listed in sub-para 2.1 above for the
respective Scope of Work, shall be evaluated.
Note: In case of joint venture bidders, the experience of each member of joint venture, sub-Contractors, back-up
Consultants, if any, shall be considered for respective Scope of Work for last 10 years and their collective
experience should satisfy the provision of clause 2.1 above.
2.4 The bidder shall submit the documentary evidence in support of the experience / capability indicated above as
requirement (in cl. 2.1, 2.2 and 2.3) along with Techno-Commercial unpriced bid. As a proof of experience the
bidder shall furnish the digitally signed/ authorised signatory /notarized copies of the following:
I. Detailed Work Orders indicating clearly the scope of work, contract value and scheduled project completion
date etc.
II. Completion / commissioning / handing over certificate OR proof of release of Performance Security after
completion of the contract (OR) proof of settlement / release of final payment against the contract (OR) any
other documentary evidence that can substantiate the satisfactory execution for 2.1 above, including the
actual project completion date
Bidder must agree to undertake pre-engineering, pre-construction and post-installation surveys and to comply with
provisions of clause 5.4 of GCC of PART-III of bidding documents.
4.0 Acceptance of Constructional Plant & Equipment as per Clause 5.11 of GCC of PART-III of Bidding Documents.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Bidder must confirm compliance to all HSE criteria specified in bidding documents in general and to clauses 10.0 of
GCC of PART-III of bidding document in particular.
6.0 The bidder must furnish the following undertakings along with his bid from the original Equipment Manufacturer (s)
that:
6.1 The OEM shall provide the maintenance / service / calibration facilities in India, for all the equipment to be supplied
under the contract, if awarded to him by ONGC.
6.2 The bidder shall indicate the source of their bought out items and also the names of the original equipment /
materials manufacturer for the major components. The bidder or OEM shall guarantee the 'lifetime supply' (i.e. 7
years in case of electronic equipment/items and 10 years in case of mechanical equipment / items) of spares for all
the equipment to be supplied under the contract, if awarded to him by ONGC.
6.3 The OEM undertakes to enter into Annual Maintenance Contract for 'lifetime' (i.e. 7 years in case of electronic
equipment/items and 10 years in case of mechanical equipment/items) for all the equipment to be supplied under
the contract, if awarded to him by ONGC.
In case the bidder or OEM declines / fails to honor any of his above commitments, future business dealings with
such bidder & OEM shall be considered for banning.
In case of any difficulty in submitting above commitments from any OEM(s) atthe bidding stage, the bidder shall
submit his own undertaking to the effect that the undertakings required in 6.0 above from OEM(s) will be
furnished at the detailed engineering stage. However, in case successful bidder fails to submit the same at the
detailed engineering stage, ONGC reserves the rights to cancel the contract, forfeit the Performance Security and
take suitable action for banning such bidders from future business dealings with ONGC as deemed fit.
7.0 Bidder to confirm that he proposes to use new material / equipment for this project.
A2 (B) EPF:
Bidder should possess an independent EPF code allotted by concerned provident fund commissioner and a copy
of the same should be submitted with the techno-commercial bid.
However in case a bidder is not in possession of EPF code at the time of bid submission, the bidder has to apply &
obtain PF code from respective PF Commissioner and submit the same to ONGC after receipt of letter of intent
from ONGC for the current work. The bidder must confirm to agree (in techno commercial bid matrix) with this
provision failing which their bid shall be liable to be rejected.
A-3) FINANCIAL :
NOTES:
Bidder can either be a single entity which includes Incorporated Joint Venture .
The bidder shall submit its Audited consolidated financial statement with all its subsidiaries which shall be the
basis for meeting the requirement under Financial Criteria.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Confirmation to the effect whether the bidder is quoting on his own financial capability or on the financial
capability of his supporting company ( refer note vi(a) below)
ii) Net worth shall mean: Share capital + Reserves created out of profits and securities premium account
(excluding revaluation reserves) deferred expenditure Miscellaneous Expenditure to the extent not
written off and carried forward Loss Reserves created out of write back of depreciation and amalgamation.
iii) The Financial Statements should be audited by the auditors appointed under the statute like Companies Act
etc. wherever applicable. Bidder will provide a statement containing the value of each financial parameter
required in the tender based on bidders audited consolidated financial statement as defined in BEC
(iv) Working Capital shall mean Current Assets minus Current liabilities as per latest years audited
consolidated annual Financial Statements
If the bidders working capital is inadequate in meeting the tender requirements, then the bidder can make
good this shortfall through a line of credit confirming the availability of unutilized line of credit for meeting the
shortfall from his banker, through a letter specifically mentioning the tender number. The line of credit should
be from Scheduled Commercial Bank working in India
(v) Debt equity ratio shall mean Long term borrowings/ Net-worth
vi) For the purpose of ascertaining parameter of Turnover of the bidder, average turnover from operation of the
bidder for the previous two financial years shall be considered. Average turnover from operation of the bidder
for the previous two financial years shall be calculated by dividing the turnover from operation of previous two
years by two, irrespective of the fact that quoted turnover for one particular year is for a period of less than 12
months or complete 12 months. The bidder will provide a copy each of audited consolidated annual
Financial Statement of bidder with all its subsidiaries for previous two financial years for ascertaining their
turnover. The date (i.e. the financial year closing date) of the immediate previous years audited consolidated
annual Financial Statement should not be older than eighteen (18) months from the bid closing date.
vi)-(a) A bidder(other than consortium)which is not able to meet the financial criteria by itself, can also submit its bid
on the basis of financial capability of a Supporting Company provided each of the following conditions are
fulfilled:-
The bidder is supported by a supporting company which holds more than fifty percent of the paid up equity
share capital of the bidder
The supporting company by itself and not through any other arrangement satisfies
the financial criteria of the BEC.
1. Supporting Company shall furnish additional PBG equivalent to 50% of the amount of PBG submitted by
bidderas per the format provided at Annexure-A-1
2. In such cases, all applicable financial parameters viz. Turnover, Net-worth, Working Capital, D/E ratio of
the supporting company only will be considered for evaluation and the financial capability of the bidding
entity will not be considered for evaluation.
vi)-(b). Documents to be submitted by the bidder, along with its technocommercial bid, in case it is taking
financial support from a supporting company:
1. Audited Consolidated Annual financial statement as detailed above in respect of the supporting
company. Bidder will provide a statement containing the value of each financial parameter required in
the tender based on supporting companys audited consolidated financial statement as defined in BEC.
2. A Corporate Guarantee from the supporting company in the prescribed format atAnnexure-B-1.
3. A certificate from the Statutory Auditor of the bidder as well as of the supporting company to establish
the relationship and equity percentage holding between bidder and the supporting company. The
certificates should be duly certified by the Company Secretary or one of the Directors of the company
concerned.
4. A Resolution passed by the Board of Directors of Supporting company authorizing the signatories to
execute the corporate guarantee, duly certified by the Company Secretary of the Supporting Company.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 151 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
5. Undertaking shall be given by supporting company stating that more than 50% share-holding between
Supporting Company and Bidding Company shall be maintained till the execution / completion of the
contract.
6. Undertaking shall be given by Supporting Company to submit additional PBG equivalent to 50% of the
amount of PBG submitted by bidder as per the format provided at Annexure-A-1.
7. Undertaking from the supporting company to the effect that in addition to invoking the PBG submitted by
the contractor, the PBG provided by supporting company shall be invoked by ONGC due to non-
performance of the contractor.
The Inter-se financial ranking of Bids shall be done for the total scope of work covered in Bidding Document, as per
the TOTAL EVALUATED PRICE ( A+B) indicated in Schedule of Prices .
Total amount for the entire Scope of work as per bidding document including addendum(s), if any, shall
be taken as a base price for the purpose of evaluation. The lump sum price as given in bidding document
will be the basis of evaluation.
Arithmetical errors if any, in the Schedule of Price will be corrected in the following manner:
(i) If there is a discrepancy between amounts expressed in words and figures, the amount expressed in
words shall prevail.
(ii) Errors of summation, subtraction, division and multiplication shall be corrected and only corrected value
shall be considered.
C-2) Foreign Exchange Rate: Not Applicable
C-3) Bidders should quote the charges / rates, giving complete break up of all the quoted services which are taxable
under GST rule 2017 and clearly indicating the applicable rate of GST (along with rates of all related levies viz.
Surcharges, etc.) nature / category of service as per GST rules (under which the respective service is covered) and
the amount of GST included in his bid. Details of abatements / deductions available, if any, should also be indicated
specifically.
In case the applicability of GST is not quoted explicitly in the offer, the offer will be considered as inclusive of all
liabilities of GST.
ONGC intends to avail Input credit benefit against GST paid on input services. Bidder must undertake to provide
with appropriate GST document to ONGC for availing Input Credit benefit.
C.5 GST:
a) Bidder must submit a notarized / notary attested copy of GST registration certificate (GSTIN) with the first invoice
under the contract for the respective input services covered under the contract.
b) Bidder must indicate amount of GST separately in the invoice. (SGST, CGST & IGST)
c) Not Applicable
d) Bidder must submit a copy of their registration under GST rules with the first invoice.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
(i) Payment of GST shall be made against submission of above mentioned documents to the extent of GST
shown in Invoice.
(ii) Payment of GST and/or CVD, SAD component(In case applicable) indicated by Bidder and GST indicated
schedule of prices shall be made against submission of above mentioned documents to the extent of duty
shown in the duty paying documents, but within the overall ceiling of amounts quoted in Schedule of price .
(iii) Notwithstanding (ii) above, it is clarified that the responsibility to receive and secure all the goods and
materials at site shall remain with the Contractor till the completion and acceptance of entire work by ONGC.
(iv) At any stage of time, actual payment to the contractor shall not exceed the Total lumpsum quoted in
schedule of prices
(v) The total lumpsum price at table I.E in (Schedule of prices) will be treated as the Contract Price for the
purpose of Performance Bank Guarantee. The Total lumpsum quoted ( excluding Taxes & Duties) in
Schedule of Prices shall be treated as the contract price for Liquidated Damages for the job as per clause
6.3.2 of General Conditions of Contract given in the tender document.
PAN No. :
C-6) Discount
Bidders are advised not to indicate any separate discount. Discount, if any should be merged with the quoted
prices. Discount of any type indicated separately will not be taken into account for evaluation purpose.
However, in the event such offer without considering discount is found to be lowest, Company shall avail such
discount at the time of award of Contract.
C-7.1) Total lump sum price shall be inclusive of Custom Duty, GST, if any in addition to any other statutory levies.
Bidders are required to ascertain themselves, the prevailing rates of GST and all other taxes and duties as
applicable on the scheduled date of submission of Price Bids and ONGC would not undertake any responsibility
whatsoever in this regard.
Accordingly, bidders (excluding the Service providers covered under clause C-1.2.1 below) should quote the prices,
clearly indicating the applicable rate of GST / description of service as per GST rules (under which the respective
service is covered), Service Accounting Code, along with all other taxes and duties applicable.
In case the GST is not quoted explicitly in the offer, the offer will be considered as inclusive of GST.
In the contracts involving multiple services or involving supply of certain goods or materials (which should be
consumable in nature forming part of taxable service) along with the services, the Bidder should give separate
break-up for cost of goods and cost of various services, and quote GST as applicable for the taxable services.
GST and Customs Duty if any applicable, on input services /capital goods/inputs required to meet the scope of work
will be borne by the Bidder within their quoted prices. The bidder must avail eligible input tax credit of GST and
Customs Duty paid on input services /capital goods/ Inputs and benefit of input tax credit should be passed on to
ONGC by way of quoting rate(s) net of input tax credit i.e. Value of goods/service adjusted by input tax credit
available to the bidder.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 153 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
SECTION-D: GENERAL
D-1) Exceptions/deviations if any, to tender terms, conditions & specifications are to be sorted out during Pre-Bid
Conference (PBC), before submission of Bids. ONGC expects bidders to confirm compliance to tender terms,
conditions & specifications which have been frozen after PBC, failing which the Bids are liable to be rejected.
D-2) Unless the Company seeks any clarifications, bidder shall not make any alteration/ changes in the bid after the
closing date and time of the tender. Unsolicited correspondences from the bidders will not be considered.
D-3) In case of any contradiction between BEC and a clause appearing elsewhere in the Bidding Documents, provisions
of BEC shall supersede all such clauses.
D-4) Any other point, which arises at the time of evaluation, shall be decided by the Company under intimation to the
bidders.
D-5) The contractor is prohibited from offering any service/ benefit of any manner to any employee of ONGC and that the
contractor may suffer summary termination of contract/ disqualification in case of violation.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 154 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-4
PERFORMANCE PARAMETERS
Project-
Site Location- (Latitude & Longitude)
Total Rooftop /Surplus Land Area (m2)
Total Usable Rooftop/Surplus Land Area for solar installation (m2)
Type of Roof & Tilt
Radiation data reference:
Energy Simulation:
Power evacuation:
Energy in Thousand kWp
End Of Global Global Inclined Net Energy at PR (%) at the CUF(%)
year Horizontal (kWh/m2/year) Metering point metering
(kWh/m2/year) ((kWh/kWp/year)) point
1
2
3
4
5
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 155 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-5
Performa for Financial Proposal (on Bidders Letter head) :
Not Applicable
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-6
Details of qualified technical staff for EPC and O&M separately (On bidders Letter head)
1.
2.
3.
4.
Note: Kindly submit copies of resumes and appropriate certifications with this sheet. Additional sheets may be used
to provide accurate information.
Signature: Designation:
Name: Organization:
Address: Phone:
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-7
Declaration of Compliance (On bidders Letter head)
Date:--/--/----
To,
Sub: Declaration of Compliance (NIT NO. REIL/BID/RTS(C)/2017-18/003) for Site Survey of Identified Roof Tops
and Surplus Land / Identification of New Roof Tops and Surplus Land , Site Visit, Solar Potential Assessment,
Finalization of plant capacity for Identified Locations, Design, Engineering, Supply, Storage, Civil work,
Erection, Testing, Commissioning, Inter-connections with the grid for net metering as per state/UT Policies,
Obtaining No Objection Certificate (NOC) from Distribution Company (DISCOM) for grid connectivity & obtaining all
statutory approvals, quality control of the grid connected rooftop and Small Ground Mounted Solar PV Project
including Operation and Maintenance (O & M) of the project for a period of 5 years after commissioning of
projectat ONGC buildings in the state of Gujarat, Uttarakhand, Assam and Tripura.
Dear Sir,
This is to certify that I, _______________________, am the duly authorized signatory appointed on behalf of my
organization to submit this Bid. The Power of Attorney along with Board Resolution is attached herewith.
I agree to all the terms and conditions set forth in this NIT Document.
If awarded the job, the job work shall also conform to the terms and conditions, as well as specifications indicated in the
NIT documents and as finally indicated by the Evaluation Committee.
I further certify that all the information provided in this document is accurate to the best of my knowledge.
Signature: Designation:
Name: Organization:
Address: Phone:
Email:
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-8
Date:
To
Sub: No Deviation Certificate (NIT NO. REIL/BID/RTS(C)/2017-18/003) for Site Survey of Identified Roof Tops and
Surplus land / Identification of New Roof Tops and Surplus Land, Site Visit, Solar Potential Assessment,
Finalization of plant capacity for Identified Locations, Design, Engineering, Supply, Storage, Civil work,
Erection, Testing, Commissioning, Inter-connections with the grid for net metering as per state/UT Policies,
Obtaining No Objection Certificate (NOC) from Distribution Company (DISCOM) for grid connectivity & obtaining all
statutory approvals, quality control of the grid connected rooftop and Small Ground Mounted Solar PV Project
including Operation and Maintenance (O & M) of the project for a period of 5 years after commissioning of
project at ONGC buildings in the state of Gujarat, Uttarakhand, Assam and Tripura.
.
Dear Sir,
__________________________________
Date: ____________
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-9
This has reference to our proposed contract regarding ....................................................... to be entered into
with Oil and Natural Gas Corporation Ltd. (ONGC).
For the purpose of Section 297/299 of the Companies Act, 1956, an extract enclosed at Appendix 11-A, we
certify that to the best of my/our knowledge :
(ii) We are not a firm in which a Director of ONGC or his relative is a partner ;
(iii) I am not a partner in a firm in which a Director of ONGC or his relative is a partner;
(iv) We are not a private company in which a Director of ONGC is a Member or Director;
(v) We are not a company in which Directors of ONGC hold more than 2 % of the paid-up share capital of
our company or vice-versa.
Authorised Signatory of
The Contracting Party
Place...
Date...
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-10
* Bidder shall enclose Gantt chart / PERT chart for the schedule of activities
NOTE: The Bidder shall ensure that the Commissioning of Plant along with Completion of EPC Works with respect to all
the associated infrastructure, as mentioned under PART-VI (Technical Specification) is completed within 7 month for
General Category states and 9 months for Special Category Sates from issue of NOA.
SIGNATURE OF BIDDER
NAME
DESIGNATION
COMPANY SEAL
DATE
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-11
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
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and Tripura Under CAPEX Model
Appendix-12(a)
Dear Sirs,
1. Whereas Rajasthan Electronics & Instruments Ltd. incorporated under the Companies Act,
1956, having its registered office at 2, Kanakpura Ind. Area, Sirsi Road , JAIPUR - 302012
- India (hereinafter called `REIL' which expression shall unless repugnant to the
context or meaning thereof include all its successors, administrators, executors and
assignees) has floated a Tender No. ________________ and M/s
____________________________ having Head/Registered office at
_______________________________ (hereinafter called the 'Bidder' which expression
shall unless repugnant to the context or meaning thereof mean and include all its
successors, administrators, executors and permitted assignees) have submitted a
bid Reference No........................ and Bidder having agreed to furnish as a condition
precedent for participation in the said tender an unconditional and irrevocable Bank
Guarantee of Indian Rupees/US Dollars (in figures)___________________ (Indian Rupees /
US Dollars (in words)_________________ only) for the due performance of Bidder's
obligations as contained in the terms of the Notice Inviting Tender (NIT) and other terms
and conditions contained in the Bidding documents supplied by REIL which amount is
liable to be forfeited on the happening of any contingencies mentioned in said documents.
3. This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Jaipur shall have exclusive jurisdiction.
4. The Bank also agree that this guarantee shall be irrevocable and governed and construed in
accordance with Indian Laws and subject to exclusive jurisdiction of Indian Courts of the
place from where tenders have been invited.
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and Tripura Under CAPEX Model
5. This guarantee shall be irrevocable and shall remain in force upto ________________
which includes thirty (30)days after the period of bid validity and any demand in respect
thereof should reach the Bank not later than the aforesaid date.
7. The Guarantor Bank hereby agrees and acknowledges that the REIL shall have a right to
invoke this BANK GUARANTEE in part or in full, as it may deem fit.
8. The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to
the written demand by REIL, made in any format, raised at the above mentioned address of
the Guarantor Bank, in order to make the said payment to REIL.
9. The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by ------------- [Insert name of the Bidder] and/or
any other person. The Guarantor Bank shall not require REIL to justify the invocation of this
BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against REIL in respect
of any payment made hereunder.
10. The Guarantor Bank represents that this BANK GUARANTEE has been established in such
form and with such content that it is fully enforceable in accordance with its terms as against
the Guarantor Bank in the manner provided herein.
11. This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor Bank.
12. This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly
REIL shall not be obliged before enforcing this BANK GUARANTEE to take any action in any
court or arbitral proceedings against the Bidder, to make any claim against or any demand on
the Bidder or to give any notice to the Bidder or to enforce any security held by REIL or to
exercise, levy or enforce any distress, diligence or other process against the Bidder.
13. Any claim under this Guarantee must be received by us before the expiry of this Bank
Guarantee. If no such claim has been received by us by the said date, the rights of REIL
under this Guarantee will cease. However, if such a claim has been received by us by the
said date, all the rights of REIL under this Guarantee shall be valid and shall not cease until
we have satisfied that claim. In witness whereof, the Bank, through its authorised officer, has
set its hand and stamp on this ........ day of ........... at .....................
WITNESS NO. 1
--------------------- --------------------------
(Signature) (Signature)
Full name and official Full name, designation and
address (in legible letters) official address (in legible
letters) with Bank stamp.
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Dated .
WITNESS NO. 2
______________________
(Signature)
Full name and official address
(in legible letters)
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 165 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-12(b)
PERFORMANCE GUARANTEE
To,
Dear Sirs,
1. In consideration of Oil & Natural Gas CORPORATION Limited, incorporated under the Companies Act, 1956,
having its Registered Office at Pandit Deendayal Upathyaya Urja Bhawan,5 A, Nelson Mandela Road, Vasant
Kunj, New Delhi - 110 070, India and one of its offices at _____________________ (hereinafter referred to as `ONGC',
which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators,
executors and assignees) having entered into a CONTRACT No. __________________ dated _______________
(hereinafter called 'the CONTRACT' which expression shall include all the amendments thereto) with M/s
__________________________ having its registered/head office at ______________________(hereinafter referred to
as the 'CONTRACTOR') which expression shall, unless repugnant to the context or meaning thereof include all its
successors, administrators, executors and assignees) and ONGC having agreed that the CONTRACTOR shall furnish
to ONGC a performance guarantee for Indian Rupees .............. for the faithful performance of the entire CONTRACT.
2. We (name of the bank) ______________________________ registered under the laws of _______ having
head/registered office at __________________________ (hereinafter referred to as "the Bank", which expression shall,
unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and
permitted assignees) do hereby guarantee and undertake to pay immediately on first demand in writing any /all
moneys to the extent of Indian Rs (in figures) __________ (Indian Rupees (in
words)_____________________________) without any demur, reservation, contest or protest and/or without any
reference to the CONTRACTOR. Any such demand made by ONGC on the Bank by serving a written notice shall be
conclusive and binding, without any proof, on the bank as regards the amount due and payable, notwithstanding any
dispute(s) pending before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or thing
whatsoever, as liability under these presents being absolute and unequivocal. We agree that the guarantee herein
contained shall be irrevocable and shall continue to be enforceable until it is discharged by ONGC in writing. This
guarantee shall not be determined, discharged or affected by the liquidation, winding up, dissolution or insolvency of the
CONTRACTOR and shall remain valid, binding and operative against the bank.
3. The Bank also agrees that ONGC at its option shall be entitled to enforce this Guarantee against the Bank as a
principal debtor, in the first instance, without proceeding against the CONTRACTOR and notwithstanding any security or
other guarantee that ONGC may have in relation to the CONTRACTORs liabilities.
4. The Bank further agrees that ONGC shall have the fullest liberty without our consent and without affecting in any
manner our obligations hereunder to vary any of the terms and conditions of the said CONTRACT or to extend time of
performance by the said CONTRACTOR(s) from time to time or to postpone for any time or from time to time exercise of
any of the powers vested in ONGC against the said CONTRACTOR(s) and to forbear or enforce any of the terms and
conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation,
or extension being granted to the said CONTRACTOR(s) or for any forbearance, act or omission on the part of ONGC or
any indulgence by ONGC to the said CONTRACTOR(s) or any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have effect of so relieving us.
5. The Bank further agrees that the Guarantee herein contained shall remain in full force during the period that is
taken for the performance of the CONTRACT and all dues of ONGC under or by virtue of this CONTRACT have been fully
paid and its claim satisfied or discharged or till ONGC discharges this guarantee in writing, whichever is earlier.
6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of ONGC or that of
the CONTRACTOR.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
7. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of
issue.
8. The Bank also agrees that this guarantee shall be governed and construed in accordance with Indian Laws and
subject to the exclusive jurisdiction of Indian Courts of the place from where the purchase CONTRACT has been placed.
9. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Indian Rs.(in
figures) ______________ (Indian Rupees (in words) ____________________) and our guarantee shall remain in force
until ______________________ (indicate the date of expiry of bank guarantee)
Any claim under this Guarantee must be received by us before the expiry of this Bank Guarantee. If no such
claim has been received by us by the said date, the rights of ONGC under this Guarantee will cease. However, if such a
claim has been received by us within the said date, all the rights of ONGC under this Guarantee shall be valid and shall
not cease until we have satisfied that claim.
In witness whereof, the Bank through its authorised officer has set its hand and stamp on this ........day of
........20__ at .....................
-------------------------- -------------------------
(Signature) (Signature)
Full name and official Full name, designation and
address (in legible letters) address (in legible letters) with Bank stamp
WITNESS NO. 2
--------------------------
(Signature)
Full name and official
address (in legible letters)
NOTE:
This bank guarantee/all further communications relating to this bank guarantee should be forwarded to:
1. The Bank Guarantee by Contractor will be given on non-judicial stamp paper/ franking receipt as per stamp duty
applicable in Gujarat. The non-judicial stamp paper/ franking receipt should be either in the name of the issuing
bank or the contractor.
2. The bank guarantee must be initially valid till the project completion date plus sixty (60) days.
3. The Bank guarantee by Indian Contractor will be given from Nationalized or scheduled bank only.
4. The full address along with the Telex/Fax No. and email address of the issuing bank must be mentioned.
5. The bidders will give Bank Guarantee from any of the following categories of Banks
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
(a) Any scheduled Bank incorporated in India, Bank Guarantee issued by foreign branches/ foreign offices of the
scheduled banks be counter guaranteed by the Indian branch of any scheduled Bank incorporated in India.
(b) Any branch of an International Bank situated in India and registered with Reserve Bank of India as scheduled
foreign Bank..
(c) Any foreign bank which is not a scheduled bank in India provided the bank Guarantee issued by such bank is
counter guaranteed by any branch situated in India of any scheduled Bank incorporated in India.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-12(c)
Format of Bank Guarantee for Performance of O&M
[To be on non-judicial stamp paper of Rupees One Hundred Only (INR 100/-) or appropriate value as per Stamp Act
relevant to place of execution, duly signed on each page. Foreign entities submitting Bid are required to follow the
applicable law in their country]
WHEREAS . [Insert name of the Contractor] with address . [Insertaddress of the Contractor] having
its registered office at. [Insert address of the Contractor] (Hereinafter, theBidder)wishes to participate in NIT
document No.
______________ issued by Rajasthan Electronics & Instruments Limited (REIL) ON BEHALF OF Oil & Natural Gas
Corporation Limited (ONGC) (hereinafter, the Beneficiary) for Operation and Maintenance of Performance of Solar PV
Power Plant along with power evacuation & transmission system at designated substations (230/415 Volt or 11 / 33 kV)for
-----------------KWp power plant at -----------------------------------..
And WHEREAS a Bank Guarantee for Rupees [] valid till . [Insertdate 5 years from the date of
Commissioning of the project] is required to be submitted by theContractor as per the terms and conditions of the NIT.
We, .[Insert name of the Bank and address of the Branch giving the Bank Guarantee] having our registered
office at . [Insert address of the registered office of the Bank] hereby give this Bank Guarantee No. .
[Insert Bank Guarantee number] dated . [Insert the date of the Bank Guarantee], and hereby agree
unequivocally and unconditionally to pay immediately on demand in writing from the Beneficiary any officer authorized by
it in this behalf any amount not exceeding Rupees [] to the said Beneficiary on behalf of the Bidder.
We . [Insert name of the Bank] also agree that withdrawal of the Bid or part thereof by the Bidder within its
validity or non-submission of further O&M Performance Bank Guarantee by the Bidder within the stipulated time of the
Letter of Intent to the Bidder or any violation to the relevant terms stipulated in the NIT would constitute a default on the
part of the Bidder and that this Bank Guarantee is liable to be invoked and encashed within its validity by the Beneficiary
in case of any occurrence of a default on the part of the Bidder and that the encashed amount is liable to be forfeited by
the Beneficiary.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
This agreement shall be valid and binding on this Bank up to and inclusive of .
[Insert the date of validity of the Bank] and shall not be terminable by notice or by Guarantorchange in the constitution of
the Bank or the firm of the Bidder Or by any reason whatsoever and our liability hereunder shall not be impaired or
discharged by any extension of time or variations or alternations made, given, conceded with or without our knowledge or
consent by or between the Bidder and the Beneficiary.
NOTWITHSTANDING anything contained hereinbefore, our liability under this guarantee is restricted to Rupees
. .(Insert the Amount). Our Guarantee shall remain in force till . [Insert date]. Unless
demands or claims under this Bank Guarantee are made to us in writing on or before . [Insert date], all rights of
the Beneficiary under this Bank Guarantee shall be forfeited and we shall be released and discharged from all liabilities
there under.
[Insert the address of the Bank with complete [Insert signature of the Banks
postal branch code, telephone and fax Authorized Signatory]
numbers, and official round seal of the Bank]
Attested:
Place: . Date: .
Signature ____________________
Name___________________
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
For
Signature
2. ..
Signature
The Bank Guarantee by Bidders will be given on non-judicial stamp paper as per stamp duty applicable at the
place where the tender has emanated. The non-judicial stamp paper should be in name of the issuing bank.
The Bank Guarantee by Bidder will be given from bank (shall include Nationalized & scheduled banks India).
This bank guarantee/ all further communication relating to the bank guarantee should be forwarded to Oil &
Natural Gas Corporation Limited.
The full address along with the Telex/Fax No. and email address of the issuing bank to be mentioned.
The Bank Guarantee Checklist provided in Appendix 12(d): Bank Guarantee Verification, duly filled in, should be
enclosed with The Bank Guarantee.
OR
The prevailing format shall be provided by the employer before two months of expiry of warranty period.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-12(d)
Bank Guarantee Verification for LSTK Contract.
CHECKLIST Yes No
I. Does the bank guarantee
Compare verbatim with the format
provided for it in this NIT
II. a) Has the executing Officer Of BG
indicated his name Designation & power
of Attorney No./signing power Number
etc. on BG.
Is each page of BG duly signed/initialled
b) by the executant, and last page is signed
will full particulars and under the seal of
the Bank.
Does the last page of the BG carry the
c) signatures of two witnesses alongside
the signatures of the executing Bank
Manager?
Is the BG on non-judicial stamp Paper of
III. a) appropriate value.
Note: Bidder / Contractor / Associate / Collaborator is required to fill up this from andenclose along with the Bank
Guarantee.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-12e
Name of work : Design, Engineering, Supply, Construction Erection, Testing, Commissioning and O&M of 15
MW Grid Connected Roof Top and Small Solar Power Plants Programme for ONGC Buildings in the
State of Gujarat, Uttarakhand, Assam and Tripura Under CAPEX Model.
Bidders should submit the Bid Matrix (as enclosed with the bid document) duly filled-in, so as to re-confirm compliance
with each of the requirements of BEC and other important conditions of the tender. Each such confirmation should be
clearly stated in the Bid Matrix indicating Confirmed or Not Confirmed or NA, as applicable. Further, against each such
confirmation, bidders should also indicate the reference/location (page No. / Annexure etc.)of the respective
detail(s)/document(s) enclosed in the bid, so as to easily locate the same in bid document. Each entry in the Bid Matrix
must be filled-in in indelible ink (entries written in pencil will be ignored). Further, each page of the Bid Matrix and the
corrections/overwriting/ erasures (if any) should be signed manually by the person (or, persons) signing the bid.
Bidders are advised to ensure submission of the Bid Matrix, duly filled-in as per above requirements, for avoiding
rejection of their offers.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Confirmed
(i). The original bid security (demand draft / bank guarantee).
Not Confirmed
NA
(ii). The power of attorney or authorization, or any other document
consisting of adequate proof of the ability of the signatory to bind Confirmed
the bidder, in original. (such as memorandum and articles of
association of Company, MOU entered among the members of JV, Not Confirmed
resolution of Board authorizing the signatory(s) etc.).
(iii) Integrity Pact duly signed in all pages by the same signatory Confirmed
who signs the bid, i.e. who is duly authorized to sign the bid as per
the Instructions to Bidders stipulated in the tender documents. Not Confirmed
5 Whether the bidder has noted and accepted that if he fails to submit
original documents with the same content as in the copies
Confirmed
submitted in the un-priced bid folder (through e-bidding portal) and
in accordance with the bidding document, irrespective of their
Not Confirmed
status/ranking in tender, the bid will be rejected and REIL may
consider to debar the Bidder from participating against its future
tenders.
6 Whether the bidder has noted and accepted that offers of the
bidders indicating/ disclosing prices in techno-commercial (un-
Confirmed
priced bid) or at any stage before opening of price-bid shall be
straightaway rejected?
Not Confirmed
Note Pl note that Techno-commercial bid must contain all
details without indicating prices.
7 Whether the price bid contains only the prices duly filled in is Confirmed
strictly as per the price format of CPP Portal?
Note - The price bids submitted in physical form against e- Not Confirmed
procurement tenders shall not be given any cognizance.
8 Confirmed
Whether bidder has noted and accepted clause B.2.(4.0) of
commercial rejection criteria of BEC ? Not Confirmed
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
(iii) Whether submitted in form of bank guarantee?
a) Bank Guarantee No
Confirmed
b) Dt of issue
Not Confirmed
c) Name of Bank and Branch
NA
d) Amount of Bank Guarantee
e) Date of expiry of claim period
(iv) Whether the bank guarantee submitted by the bidder is strictly as Confirmed
per the format of the bidding document? Not Confirmed
NA
(v) Whether non-judicial stamp paper is as per applicable stamp duty Confirmed
(Min value Rs. 100/- as per stamp act applicable as on date) and in the Not Confirmed
name of issuing bank? NA
(vi) Whether the bidder is a MSEparticipating on their own (not through
Joint Venture) and in turn seeking exemption from submission of bid Confirmed
security (EMD) and processing fees? Not Confirmed
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
(ii) Whether the offers and all attached documents are digitally signed
Confirmed
using digital signatures issued by an acceptable Certifying authority
Not Confirmed
(CA) as per Indian IT Act 2000 by the person as per power of attorney
submitted.
20 Whether the bidder in their Un-Priced bid has submitted a compliance
certificate .
Whether the bidder has noted and accepted the clause C-3 of BEC Confirmed
27 regarding GST. ? Not Confirmed
Whether bidder has submitted undertaking to submit the labour license Confirmed
30 within 30 days from the date of issue of NOA? Not Confirmed
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Whether bidder has noted that Offers not confirming the acceptance of
provisions of fair wage policy implemented by ONGC during the
currency of the contract that in case any worker engaged by the
contractor becomes eligible for fair wage( as per the policy) , then
contractor shall have to pay to such worker additional wage &
Confirmed
32 benefits as per the fair wage policy detailed in the tender document Not Confirmed
&ONGC shall reimburse to the contractor on actual basis on prevailing
minimum wage/ fair wage in subsequent month subject to submission
of proof of payment of fair wage & benefits to such eligible worker(s)
by the contractor.-------- shall be rejected?
GENERAL
33 Confirmed
Has the bidder noted and accepted that the BEC over-rides all other
Not Confirmed
similar clauses operating anywhere in the Bid documents?
34 Has the bidder noted and accepted that it is prohibited to offer any
Confirmed
service / benefit of any manner to any employee of ONGC and that the
Not Confirmed
contractor may suffer summarily termination of contract /
disqualification in case of violation?
35
Confirmed
Whether the bidder has noted and accepted the clauses D.1 to D 14 of
Not Confirmed
BEC ?
TECHNICAL
2.1a) The Bidder (i.e. Single bidder / Indian Joint Venture company Confirmed
Incorporated) should have designed, supplied, erected and Not Confirmed
commissioned solar photovoltaic based grid connected power
plant(s) of cumulative installed capacity of 5 MW or more capacity,
out of which at least one Plant should have been of 500 KW capacity
or above. The reference Plant of 500 KW or above capacity must
have been in successful operation for at least One Year prior to the
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and Tripura Under CAPEX Model
date of issue of NIT.
iii. Successful operation for at least One Year prior to the date of
issue of NIT.
38 Whether the bidder has gone through the clause below Confirmed
Not Confirmed
2.1 (b) The bidder should meet the experience criteria NA
detailed above.
a) Designed.
b) Supply.
c) Erection & commissioning
8.2 The bidder shall indicate the source of their bought out items
and also the names of the original equipment / materials
manufacturer for the major components. The bidder or OEM shall
guarantee the 'lifetime supply' (i.e. 7 years in case of electronic
equipment/items and 10 years in case of mechanical equipment /
items) of spares for all the equipment to be supplied under the
contract, if awarded to him by ONGC.
In case the bidder or OEM declines / fails to honor any of his above
commitments, future business dealings with such bidder & OEM shall
be considered for banning.
44 A2 (B) EPF:
Confirmed
Whether the bidder possess an independent EPF code allotted by Not Confirmed
concerned provident fund commissioner and a copy of the same NA
should be submitted with the techno-commercial bid.
45 Bidder to confirm that the bidder meets the following all the Criteria
as per clause A-3 of BEC & confirm all the parameters explained and Confirmed
that the relevant documents have been submitted in support. Not Confirmed
NA
01.Turnover of Bidders - 50% of annualized bid value or more
02.Net-worth of Bidder -15% of annualized bid value or more
03.Working Capital -15% of annualized bid value or more
04.Debt equity ratio - Debt equity ratio of the bidder should not be
more than 2:1.
(v) Debt equity ratio shall mean Long term borrowings/ Net-
worth
47 Confirmed
C-3) Whether the bidders quoted the charges / rates, giving Not Confirmed
complete break up of all the quoted services which are taxable NA
under GST rule 2017 and clearly indicating the applicable rate of
GST (along with rates of all related levies viz. Surcharges, etc.)
nature / category of service as per GST rules (under which the
respective service is covered) and the amount of GST included in
his bid. Details of abatements / deductions available, if any, should
also be indicated specifically.
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and Tripura Under CAPEX Model
50 Confirmed
Not Confirmed
C-6) Discount
NA
Whether the bidder has noted & complied all the conditions in clause
C-6 of BEC.)
Bidders are advised not to indicate any separate discount. Discount,
if any should be merged with the quoted prices. Discount of any type
indicated separately will not be taken into account for evaluation
purpose.
However, in the event such offer without considering discount is
found to be lowest, Company shall avail such discount at the time of
award of Contract.
In case the GST is not quoted explicitly in the offer, the offer will be
considered as inclusive of GST.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
GST and Customs Duty if any applicable, on input services /capital
goods/inputs required to meet the scope of work will be borne by
the Bidder within their quoted prices. The bidder must avail eligible
input tax credit of GST and Customs Duty paid on input services
/capital goods/ Inputs and benefit of input tax credit should be
passed on to ONGC by way of quoting rate(s) net of input tax
credit i.e. Value of goods/service adjusted by input tax credit
available to the bidder.
54 D-2) The bidder has to confirm, unless the Company seeks any Confirmed
clarifications, bidder shall not make any alteration/ changes in the Not Confirmed
bid after the closing date and time of the tender. Unsolicited NA
correspondences from the bidders will not be considered.
55 D-3) The bidder has to confirm that In case of any contradiction Confirmed
between BEC and a clause appearing elsewhere in the Bidding Not Confirmed
Documents, provisions of BEC shall supersede all such clauses. NA
56 D-4) The bidder has to confirm Any other point, which arises at the Confirmed
time of evaluation, shall be decided by the Company under Not Confirmed
intimation to the bidders. NA
59 D-7) Bidders are required to fill in the evaluation matrix and Confirmed
submit the same, duly signed, along with their unpriced techno- Not Confirmed
contractual bid indicating the cross-reference to the supporting NA
documents enclosed with their bid.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
60 D-8) wherever the bidder uploads Xerox / photocopy of the Confirmed
original document, the same must be notarized / duly attested by Not Confirmed
notary public/ authorized signatory. NA
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-13
Terms of Payment
In accordance with the provisions of GCC Clause 3 (Payment), ONGC shall pay the Contractor in the
following manner and at the following times: Mile Stone of Payment. The Milestone payment Formula (MPF)
is pertaining to the ONGC Part of Payment only (i.e. 75%of quoted project cost for General category states
and 40% of quoted project cost for Special Category states.
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and Tripura Under CAPEX Model
System& SCADA
System
(viii) Protection Devices 3
(Earthing &
Lightening Arrestor
etc)
(ix) AC & DC cables 1
(x) Misc items required 10
for completion of
the Job such as
Transformers if
required, piping,
connectors ,
fasteners etc
04 D Erection and
commissioning
(i) SPV Module 15
(ii) PCU/Central 5
/String Inverters
(iii) Module mounting 20
structures
(iv) Array Junction 1
Boxes with Fuse
and Blocking Diode
etc
(v) AC Distribution 2 23
Board (LT Panel) /
and MIP Box with
Solar meter.
(vi) Import Export 10
Energy Meter with
power evacuation
system
(vii) Weather Monitoring 5
System& SCADA
(viii) Protection Devices 10
(Earthing &
Lightening Arrestor
etc)
(ix) AC& DC cables 2
(x) Misc items required 30
for completion of
the Job such as
Transformers if
required, piping,
connectors ,
fasteners etc
05 Civil jobs 2
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
06 After CUF and PR
demonstration 10
In case prices quoted at Schedule of prices are in excess of percentages mentioned in the Milestone payment schedule
for the activities mentioned at Sl no 01 to 05 the payment for the activity (ies) shall be restricted to the percentages
mentioned against each and the balance payment for such activity(ies) shall be made against the final bill at the end of
the Project.
On successful Operation and Maintenance of the Solar Power Plant on quarterly basis at the end of every quarter for
each year till 5 years. The O&M of the Plant starts after Operational Acceptance.
(i) Year 1: OM -1
(ii) Year 2: OM -2
(iii) Year 3: OM -3
(iv) Year 4: OM -4
(v) Year 5: OM -5
Note:
10 % payment shall be released after PR and CUF demonstration subject to submission of requisite
documents.
OM indicates the O&M Contract Value quoted by the Successful Bidder for each individual year in its Financial
Proposal.
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-14
THIS AGREEMENT entered into this --------- day of -------- Two thousand ---------at ----------------, between Oil and
Natural Gas Corporation Ltd. incorporate under the Companies Act 1956 having its registered office at Deen Dayal Urja
Bhawan,5 A, Nelson Mandela Road, Vasant Kunj,New Delhi - 110 070, India and one of its offices at ------------- ----
--------------------------------- (India) (herein after referred to as` Company' which expression shall include all its legal
successors, executors and assignees) of the one part and M/s. -------------- --------------- established and existing
under the Laws of ----------------- (name of the country), having its registered office at ------------------ (hereinafter referred
to as `Contractor' which expression shall include its legal successors and permitted assignees) of the other part.
AND WHEREAS the Company had invited a Tender Inquiry vide their Tender Notice No. --------------- dated ----------
for the above-cited work.
AND WHEREAS the Contractor represents that it has expertise and technical know-how for carrying out the said
Work and had submitted his offer as per Company's Bidding Documents in response to the above said Tender inquiry of
the Company vide the Contractor's bid no.---------------------------------- dated------------------.
AND WHEREAS pursuant to the above, the Company has awarded to the Contractor the Contract for the said Work by its
Notification of Award of Work vide no.------------------------- dated -----------------; which is the effective date of
commencement of this Contract and on the terms and conditions as agreed to by the two parties as of the said date of
Notification of Award of Work and as outlined in this Agreement (hereinafter also referred to as "the Contract").
a) In this agreement, words and expression have the same meaning as are respectively assigned to them in General
Condition of Contract.
b) The following documents annexed herewith shall be taken as mutually explanatory of one another and shall be
deemed to form and be read and construed as integral parts of this Contract and in case of any discrepancy,
conflict, dispute they shall be referred to in the order of priority as cited below:
1. Notification of award
2. Agreement
3. General Terms and Conditions of Contract.
4. Documents exchanged between the Company and the Contractor, which have been agreed to by the
Company and the Contractor prior to issuance of Notification of Award of Work and cited in following sections in
the order of priority, in section.
c) The Contract constitutes the entire Agreement between the Company and the Contractor, with respect to the
subject matter of the Contract and supersedes all communication, negotiations and Agreement (whether written
or oral) of the parties with respect thereto made prior to the date of Agreement.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
d) The Contractor hereby covenants with Company to perform the Work in conformity in all respect with provisions
of the Contract and in consideration of the carrying out and completion of the Works by the Contractor, the
Company hereby covenants to pay the amounts at the times and in the manner described hereinafter.
IN WITNESS WHEREOF the parties here to have hereunto set their respective hands at ------------( Name of place )
on the day and year first above written.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-15
Power of Attorney for signing of Bid
POWER OF ATTORNEY
(To be executed on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution.)
Know all men by these presents, We, (name of the firm and address of the registered office) do
hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms (Name), son/daughter/wife of
and presently residing at .., who is presently employed with us
and holding the position of .., as our true and lawful attorney (hereinafter referred to as the
Attorney) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our Bid for the Engineering, Procurement, Construction, Commissioning,
Operation and Maintenance of ----------- kW Solar Photovoltaic Grid Interactive Power Plant using Photovoltaic at -----------
--------
---------------, pursuant to the NIT document no. __________________issued by Rajasthan Electronics & Instruments
Limited (REIL) on behalf of Oil & Natural Gas Corporation Limited (ONGC),including but not limited to signing and
submission of all applications, Bids and other documents and writings, participate in Bidders and other conferences and
providing information / responses to the Company, representing us in all matters before the Company, signing and
execution of all contracts including the Contract Agreement and undertakings consequent to acceptance of our Bid, and
generally dealing with the Company in all matters in connection with or relating to or arising out of our Bid for the said
Project and/or upon award thereof to us and/or till the entering into of the Contract Agreement with ONGC.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to
be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all
acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us.
IN WITNESS WHEREOF WE, .., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS
POWER OF ATTORNEY ON THIS
DAY OF .., 20...
For..
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SOLAR POWER PLANTS PRORAMME
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
1.
2.
Accepted Notarised
Notes:
1. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executant(s) and when it is so required, the
same should be under common seal affixed in accordance with the required procedure.
2. Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders resolution/ power of attorney
in favour of the person executing this Power of Attorney for the delegation of power
hereunder on behalf o f the Bidder.
3. For a Power of Attorney executed and issued overseas, the document will also have to be legalised by
the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the
Power of Attorney provided by Bidders from countries that have signed the Hague Legislation Convention,
1961 are not required to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-16
Format for Board resolutions
The Board, after discussion, at the duly convened Meeting on (Insert date), with the consent of all the Directors
present and in compliance of the provisions of the Companies Act, 1956 or Companies Act 2013, passed the following
Resolution:
1. RESOLVED THAT Mr/Ms., be and is hereby authorized to do on our behalf, all such acts, deeds and
things necessary in connection with or incidental to our response to tender NIT NO. ---------------------------------, for
Engineering, Procurement, Construction, Installation, Testing, interconnection to designated substations at 230/415 Volt
or 11 / 33 kV & Commissioning of Solar Photovoltaic Grid Connected Power Plant including associated power evacuation
& transmission system on turnkey basis and O&M for 5 (Five) years at ONGC buidings,----------------- in the state of --------
-------------------------India, including signing and submission of all documents and providing information / response to
Rajasthan Electronics & Instruments Limited (REIL) or Oil & Natural Gas Corporation Limited (ONGC), representing us in
all matters before REIL/ONGC, and generally dealing with REIL/ONGC in all matters in connection with our bid for the
said Project.
----------------------------
Notes:
This certified true copy should be submitted on the letterhead of the Company, signed by the Company Secretary /
Director.
The contents of the format may be suitably re-worded indicating the identity of the entity passing the resolution.
This format may be modified only to the limited extent required to comply with the local regulations and laws applicable to
a foreign entity submitting this resolution. For example, reference to Companies Act 1956 may be suitably modified to
refer to the law applicable to the entity submitting the resolution.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-17
Indemnity Bond to be executed by The Contractor for The Removal / Disposal of Scrap/Disposal of Surplus
Material
INDEMNITY BOND
IN FAVOUR OF Oil & Natural Gas Corporation Limited, having its registered office at __________________ {insert
registered office address of Oil & Natural Gas Corporation Limited} (hereinafter referred to as ONGC).
1. ONGC has awarded the Contractor(s), contract for execution of work (Scope of Work) as mentioned in the
NIT/contract agreement/LOI no. dated ................., entered into between ONGC and
Contractor(s), relating to . (Name & Address of Project/Station) (hereinafter called the
Project).
2. The Indemnifier(s) for the purpose of execution of its Scope of Work had from time to time procured and stored
..(Details of Material). at the Project Site.
3. After completion of the Scope of Work by Indemnifier(s), it has been identified that scrap (Details of Scrap
Material & its Quantity)..and/or surplus (Details of Surplus Material & its Quantity).. belonging
to Indemnifier(s) is lying at the said Project Site.
4. Now, the scrap (Details of Scrap Material & its Quantity)..and/or surplus---------
(Details of Surplus Material & its Quantity).. belonging to the Indemnifier(s), requires to be removed by
Indemnifier(s) from the Project Site.
1. That Indemnifier(s) by way of this indemnity requests ONGC to issue approval in favour of Indemnifier(s) for removal
of scrap (Details of Scrap Material & its
Quantity)..and/or surplus (Details of Surplus Material & its Quantity)..
belonging to Indemnifier(s), from the project.
2. That t h e Indemnifier(s) shall ensure clearing of its scrap (Details of Scrap Material & its
Quantity)..and/or surplus (Details of Surplus Material & its Quantity).. by itself, as aforesaid.
3. That Indemnifier(s) in consideration of the premises above, for itself and its respective, executors, administrators and
assigns, jointly and severally agree and undertake from time to time and at all times hereafter to indemnify ONGC and
keep ONGC indemnified from and against all claims, demands, actions, liabilities and expenses which may be made
or taken against or incurred by ONGC by reason of the issue of necessary approval by ONGC and permitting
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Indemnifier(s) to remove scrap (Details of Scrap Material & its Quantity)..and/or surplus (Details
of Surplus Material & its Quantity).. belonging to Indemnifier(s), from the project.
4. That Indemnifier(s) undertakes to indemnify and keep ONGC harmless from any act of omission or negligence on the
part of the Contractor in following the statutory requirements with regard to removal/disposal of scrap and surplus
belonging to Indemnifier(s), from the Project Site aforesaid, by the Indemnifier(s). Further, in case the laws require
ONGC to take prior permission of the relevant Authorities before handing over the scrap and/or surplus to the
Indemnifier, the same shall be obtained by the Indemnifier on behalf of ONGC.
IN WITNESS WHEREOF, the Indemnifier(s), through its authorized representative, has executed these presents on the
Day, Month and Year first mentioned above at
Witness:
Indemnifier
1.
2.
(Authorised Signatory)
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-18
Indemnity Bond to be executed by the contractor for the Plant handed over by ONGC for Performance of
its O&M Contract (Entire Solar Photo Voltaic Plant including power evacuation & transmission system up to
designation substations at ------------------- 230/415 Volt or 11 / 33 kV.
AND WHEREAS by virtue of Clause No. 27.3 of PART III:GCC of the said Contract, the Contractor is required to
execute an Indemnity Bond in favour of ONGC for the Solar Photo Voltaic Plant handed over to it by ONGC for the
purpose of Performance of the Contract/O&M portion of the Contract.
1. That in consideration of Solar Photo Voltaic Plant as mentioned in the Contract, Valued
at Rs.......#....... (Rupees.....................) handed over to the Contractor for the purpose of Performance of the
Contract, the Contractor hereby undertakes to indemnify and shall keep ONGC indemnified, for the full value
of the Solar Photo Voltaic Plant. The Contractor hereby acknowledges actual receipt of the Solar Photo
Voltaic Plant as detailed in the Schedule appended hereto. The Contractor shall hold such Solar Photo
Voltaic Plant in trust as a "Trustee" for and on behalf of ONGC .
2. That the Contractor is obliged and shall remain absolutely responsible for the safe O&M/protection and
custody of the Project against all risks whatsoever till completion of O&M Contract in accordance with the
terms of the Contract and is taken over by ONGC . The Contractor undertakes to keep ONGC harmless
against any loss or damage that may be caused to the Solar Photo Voltaic Plant.
3. The Contractor undertakes that the Solar Photo Voltaic Plant shall be used exclusively for the
Performance/execution of the Contract strictly in accordance with its terms and conditions and no part of the
Solar Photo Voltaic Plant including its power evacuation & transmission system up to designated substations
at 230/415 Volt or 11 / 33 kV level shall be utilised for any other work or purpose whatsoever. It is clearly
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
understood by the Contractor that no-observance of the obligations under this Indemnify Bond by the
Contractor shall inter-alia constitute a criminal breach of trust on the part of the Contractor for all intents and
purposes including legal/penal consequences.
4. That ONGC is and shall remain the exclusive owner of the Solar Photo Voltaic Plant free from all
encumbrances, charges or liens of any kind, whatsoever. The Solar Photo Voltaic Plant shall at all times be
open to inspection and checking by Engineer-in-Charge /Engineer o r other e m p l o y e e s /agents
authorised by him in this regard. Further, ONGC shall always be free at all times to take possession of the
Solar Photo Voltaic Plant in whatever form the Solar Photo Voltaic Plant may be, if in its opinion, the Solar
Photo Voltaic Plant are likely to be endangered, mis-utilised or converted to uses other than those specified in
the Contract, by any acts of omission of commission on the part of the Contractor or any other person or on
account of any reason whatsoever and the Contractor binds itself and undertakes to comply with the
directions of demand of ONGC to return the Solar Photo Voltaic Plant without any demur or reservation.
5. That this Indemnify Bond is irrevocable. If at any time any loss or damage occurs to the Solar Photo
Voltaic Plant or the same or any part thereof is mis- utilised in any manner whatsoever, then the
Contractor hereby agrees that the decision of the Engineer-in-Charge/Engineer of ONGC as to
assessment of loss or damage to the Solar Photo Voltaic Plant shall be final and binding on the
Contractor. The Contractor binds itself and undertakes to replace the lost and/or damaged Solar Photo
Voltaic Plant at its own cost and / or shall paythe amount of loss to ONGC without any protest.This is
withoutprejudice to any other right or remedy that may be available to ONGC against the Contractorunder the
Contract and under this Indemnify Bond.
6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with the terms of
and conditions of this Bond to the satisfaction of ONGC , THEN, the above Bond shall be void, but otherwise, it
shall remain in full force and virtue.
IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorized representative under
the common seal of the Company, the day, month and year first above mentionedSCHEDULE of equipment &
facilities
WITNESS
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and Tripura Under CAPEX Model
For and on behalf of
M/s. ...................................
Signature --------------
I. 1. ------------------ Name ----------------------------
Name --------------------
2. ------------------ Signature -----------------------
Address -----------------
3. ------------------ Designation --------------------
Authorised representative*
3. Address -----------------------------------
* Indemnity Bonds are to be executed by the authorized persons and (i) In case of contracting
Company under common seal of the Company or (ii) having the power of attorney issued under
common seal of the company with authority to execute Indemnity Bonds, (iii) In case (ii) the
original Power of Attorney if it is specifically for our contract or a Photostat copy of the Power of
Attorney if it is a General Power of Attorney and such documents should be attached to
Indemnity Bond.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
APPENDIX-19a
Form of indemnity bond to be executed by the contractor for the equipment handed over by the employer for
performance of its contract
(Entire Equipment Consignment in one lot)
INDEMNITY BOND
And WHEREAS by virtue of Clause No............................ of the said Contract, the Contractor
is required to execute an Indemnity Bond in favour of........... @.............. for the Equipments
handed over to it by ............. @................ for the purpose of performance of the
Contract/Erection portion of the contract (hereinafter called the "Equipments")
2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/protection and
custdoy of the Equipment at ......@...... project site against all risks whatsoever till the Equipments are duly
used/erected in accordance with the terms of the Contract and the Plant /package duly erected and commissioned
in accordance with the terms
of the Contract is taken over by .......... @........... . The Contractor undertakes to keep
..........@.......... harmless against any loss or damage that may be caused to the Equipments.
3. The Contractor undertakes that the Equipments shall be used exclusively for the performance/execution of the
Contract strictly in accordance with its terms and conditions and no part of the equipment shall be utilised for any other
work of purpose whatsoever. It is
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
clearly understood by the Contractor that non-observance of the obligations under this
Indemnity Bond by the Contractor shall inter-alia constitute a criminal breach of trust on the
part of the Contractor for all intents and purpose including legal/penal consequences.
4.That .......... @.......... is and shall remain the exclusive owner of the equipments free
from all encumbrances, charges or liens of any kind, whatsoever. The Equipments shall at all times be
open to inspection and checking by the Project Manager or other employees/agents authorised by him in
this regard. Further, ..........@.......... shall always be free at all times to take possession of the Equipments
in whatever form the Equipments may be, if in its opinion, the equipments are likely to be endangered,
misutilised or converted to uses other than those specified in the Contract, by any acts of omission or
commission on the part of the Contractor or any other person or on account of any reason whatsoever
and the
Contractor binds himself and undertakes to
comply with the directions of demand of
. .........@.......... to return the Equipments without any demur or reservation.
5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipments
or the same or any part thereof is mis-utilised in any manner whatsoever, then the Contractor hereby
agrees that the decision of the Project Manager of ..........@.......... as to assessment of loss or damage to
the Equipment shall be final and binding on the Contractor. The Contractor binds itself and undertakes to
replace the lost and/or damaged Equipments at its own cost and/or shall pay the amount of loss to
..........@.......... without any demur, reservation or protest. This is without prejudice to any other right or
remedy that may beavailable to ..........@.......... against the Contractor under the Contract and under this
IndemnityBond.
6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with the
terms and conditions of this Bond to the satisfaction of ..........@.........., THEN, the above Bond shall be void,
but otherwise, it shall remain in full force and virtue.
IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised representative under the
common seal of the Company, the day, month and year first above mentioned.
Quantity
Carrier
WTNESSES:
1. Signature
Name
2. Signature
Name
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and Tripura Under CAPEX Model
3. Address................................ Designation of.................... Authorised representative *
* Indemnity Bond are to be executed by the authorised person and (i) in case of contracting Company under common seal
of the Company or (ii) having the Power of Attorney issued under common seal of the company with authority to execute
Indemnity Bond, (iii) In case of (ii), the original Power of Attorney if it is specifically for this Contract or a photostat copy of
the Power of Attorney if it is General Power of Attorney and such documents should be attached to Indemnity Bond.
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
APPENDIX-19b
Form of indemnity bond to be executed by the contractor for the equipment handed over in instalments by the
employer for performance of its contract
(On non-Judicial stamp paper of appropriate value)
INDEMNITY BOND
WHEREAS .......... @.......... has awarded to the Contractor a Contract for ....................... vide
its Notification of Award/Contract No......................... dated............................................ and its
Amendment No. ............................................ and Amendment No................................... ,
(applicable when amendments have been issued) (hereinafter called the Contract") in terms
of which .......... @.......... is required to hand over various Equipments to the Contractor for
execution of the Contract.
And WHEREAS by virtue of Clause No............................ of the said Contract, the Contractor
is required to execute an Indemnity Bond in favour in ..........@.......... for the Equipments
handed over to it by .......... @.......... for the purpose of performance of the Contract/Erection
portion of the contract (hereinafter called the "Equipments")
1. That in consideration of various Equipments as mentioned in the Contract, valued at (Currency and amount in
figures)................................. (Currency and amount in words)........................................... to be handed over to the
Contractor in installments from time to time for the purpose of performance of the Contract, the Contractor hereby
undertakes to indemnify and shall keep .........@......... indemnified, for the full value of the Equipments. The Contractor
hereby acknowledges actual receipt of the initial installment of the Equipment
etc. as per details in the Schedule appended hereto. Further, the Contractor agrees to
acknowledge actualreceipt of the subsequent installments of the Equipments etc. as
required by ......... @.........in the form of Schedules consecutively numbered which shall
be attached to this Indemnity Bond so as to form integral parts of this Bond. The Contractor
shall hold such Equipments etc. in trust as a "Trustee" for and on behalf of ........@........
2. That the Contractor is obliged and shall remain absolutely responsible for the safe
transit/protection and custody of the Equipment at ..........@.......... project site against all risks
whatsoever till the Equipments are duly used/erected in accordance with the terms of the
Contract and the Plant /package duly erected and commissioned in accordance with the terms
of the Contract, is taken over by .......... @........... . The Contractor undertakes to keep
harmless against any loss or damage that may be caused to the Equipments.
@....................
3. The Contractor undertakes that the equipments shall be used exclusively for the performance/execution of the
Contract strictly in accordance with its terms and conditions and no part of the equipment shall be utilised for any other
work of purpose whatsoever. It is clearly understood by the Contractor that non-observance of the obligations under this
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Indemnity Bond by the Contractor shall inter-alia constitute a criminal breach of trust on the part of the Contractor for all
intents and purpose including legal/penal consequences.
4. That ..........@..........is and shall remain the exclusive owner of the Equipments free
from all encumbrances, charges or liens of any kind, whatsoever. The Equipments shall
at all times be open to inspection and checking by the Project Manager or other employees/agents
authorised by him in this regard. Further, ..........@.......... shall always be free at all times to take
possession of the Equipments in whatever form the Equipments may be, if in its opinion, the equipments
are likely to be endangered, misutilised or converted to uses other than those specified in the Contract,
by any acts of omission or commission on the part of the Contractor or any other person or on account of
any reason whatsoever and the
Contractor binds himself and undertakes to
comply with the directions of demand of
..........@.......... to return the Equipments without any demur or reservation.
5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to the
Equipments or the same or any part thereof is mis-utilised in any manner whatsoever, then the
Contractor hereby agrees that the decision of the Project Manager of ..........@.......... as to
assessment of loss or damage to the Equipment shall be final and binding on the Contractor.
The Contractor binds itself and undertakes to replace the lost and/or damaged Equipments at
its own cost and/or shall pay the amount of loss to ..........@.......... without any demur,
reservation or protest. This is without prejudice to any other right or remedy that may be
available to ..........@.......... against the Contractor under the Contract and under this Indemnity
Bond.
6. NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply
with the terms and conditions of this Bond to the satisfaction of ..........@.........., THEN, the above
Bond shall be void, but otherwise, it shall remain in full force and virtue.
IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised
representative under the common seal of the Company, the day, month and year first above
mentioned.
Quantity
Carrier
WITNESSES:
1. 1. Signature.............................. Signature............................ 2.
Name.................................... Name.................................. 3. Address................................
Designation of.................... Authorised representative *
2.
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and Tripura Under CAPEX Model
1.
2.
Signature..............................
Name....................................
3. Address................................ ------------------------------------------------------------------------------
---------------------------------------------
* Indemnity Bond are to be executed by the authorised person and (i) in case of contracting
Company under common seal of the Company or (ii) having the Power of Attorney issued under
common seal of the company with authority to execute Indemnity Bond, (iii) In case of (ii), the
original Power of Attorney if it is specifically for this Contract or a photostat copy of the Power of
Attorney if it is General Power of Attorney and such documents should be attached to Indemnity
Bond.
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and Tripura Under CAPEX Model
APPENDIX-21
DETAILS OF PROJECT
Particulars Description
Details of proposed capacity of the solar power ---------- kWp SPV (Mono/Multi
Plant crystalline) SPV Plant
District -----------
State -----------
In the premises of Oil & Natural Gas
Location Corporation Limited at -----------------------.
Nearest DISCOMs Substation Details ------------------ Substations
Voltage Level (kV) 230/415 Volt or 11 / 33 kV
Arrangement for construction water & power shall be done by the contractor up to O&M.
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and Tripura Under CAPEX Model
APPENDIX-23
INTEGRITY PACT FORMAT
(To be executed on plain paper and applicable for all tenders of value above Rs.1 crore)
INTEGRITY PACT
Between
Oil and Natural Gas Corporation Ltd (ONGC) hereinafter referred to as The Principal,
and
Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for ------------------------------.
The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of
resources, and of fairness and transparency in its relations with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental
Organisation Transparency International (TI). Following TIs national and international experience, the Principal
will appoint an external independent Monitor who will monitor the tender process and the execution of the contract
for compliance with the principles mentioned above.
Section 1
Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles:-
1. No employee of the Principal, personally or through family members, will in connection with the
tender for , or the execution of a contract, demand, take a promise for or accept, for him/herself or
third person, any material or immaterial benefit which he/she is not legally entitled to.
2. The Principal will, during the tender process treat all Bidders with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidders the same
information and will not provide to any Bidder confidential / additional information through which
the Bidder could obtain an advantage in relation to the tender process or the contract execution.
3. The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence
under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the
Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.
Section 2
Commitments of the Bidder/ contractor
(1) The Bidder / Contractor commits itself to take all measures necessary to prevent corruption. He commits
himself to observe the following principles during his participation in the tender process and during the
contract execution.
1. The Bidder / Contractor will not , directly or through any other person or firm , offer, promise or give to
any of the Principals employees involved in the tender process or the execution of the contract or to
any third person any material or immaterial benefit which he/she is not legally entitled to, in order to
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obtain in exchange any advantage of any kind what so ever during the tender process or during the
execution of the contract.
2. The Bidder / Contractor will not enter with other Bidders into any undisclosed agreement or
understanding , whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
3. The Bidder / Contractor will not commit any offence under the relevant Anti-corruption Laws of
India ; further the Bidder / Contractor will not use improperly, for purposes of competition or personal
gain, or pass on to others, any information or document provided by the Principal as part of the
business relationship, regarding plans, technical proposals and business details, including information
contained or transmitted electronically.
4. The Bidder / Contractor will, when presenting his bid, disclose any and all payments he has made,
is committed to or intends to make to agents, brokers or any other intermediaries in connection with the
award of the contract.
(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an
accessory to such offences.
Section 3
Disqualification from tender process and exclusion from future contracts
If the Bidder, before contract award has committed a transgression through a violation of Section 2 or in any other
form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the
Bidder from the tender process or to terminate the contract, if already signed, for such reason.
(1) If the Bidder / Contractor has committed a transgression through a violation of Section 2 such as to put his
reliability or credibility into question, the Principal is entitled also to exclude the Bidder / Contractor from
future contract award processes. The imposition and duration of the exclusion will be determined by the
severity of the transgression. The severity will be determined by the circumstances of the case, in
particular the number of transgressions, the position of the transgressors within the company hierarchy of
the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and
maximum of 3 years.
(2) A transgression is considered to have occurred, if the Principal after due consideration of the available
evidence, concludes that no reasonable doubt is possible.
(3) The Bidder accepts and undertakes to respect and uphold the Principals absolute right to resort to and
impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on
any ground, including the lack of any hearing before the decision to resort to such exclusion is taken.
This undertaking is given freely and after obtaining independent legal advice.
(4) If the Bidder / Contractor can prove that he has restored / recouped the damage caused by him and has
installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.
Section 4
Compensation for Damages
(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section
3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to
Earnest Money Deposit / Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to
terminate the contract according to Section 3, the principal shall be entitled to demand and recover from
the Contractor liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.
(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to
condition that if the Bidder / Contractor can prove and establish that the exclusion of the Bidder from the
tender process or the termination of the contract after the contract award has caused no damage or less
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and Tripura Under CAPEX Model
damage than the amount of the liquidated damages, the Bidder / Contractor shall compensate the
Principal only to the extent of the damage in the amount proved.
Section 5
Previous transgression
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company
in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could
justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or
the contract, if already awarded, can be terminated for such reason.
Section 6
Equal treatment of all Bidders / Contractors / Subcontractors
(1) The Principal will enter into Pacts on identical terms with all bidders and contractors.
(2) The bidder(s)/ contractor(s) undertakes to procure from all the subcontractors a commitment in conformity
with this integrity pact. The bidder/ contractor shall be responsible for any violation(s) of the provision(s)
laid down in this agreement/pact by any of its subcontractors/sub vendors.
(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its
provisions.
Section 7
Criminal charges against violating Bidders/Contractors/Subcontractors
Section 8
External Independent Monitor / Monitors (three in number depending on the size of the contract)
(to be decided by the Chairperson of the Principal)
(1) The Principal appoints competent and credible external independent Monitor for this Pact. The task of the
Monitor is to review independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions
neutrally and independently. He reports to the Chairperson of the Board of the Principal.
(3) The Contractor accepts that the Monitor has the right to access without restriction to all Project
documentation of the Principal including that provided by the Contractor. The Contractor will also grant
the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access
to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual
obligation to treat the information and documents of the Bidder / Contractor / Subcontractor with
confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties
related to the Project provided such meetings could have an impact on the contractual relations between
the Principal and the Contractor. The parties offer to the Monitor the option to participate in such
meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the
Management of the Principal and request the Management to discontinue or heal the violation, or to take
other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this,
the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action
or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder /
contractor to present its case before making its recommendations to the Principal.
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(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10
weeks from the date of reference or intimation to him by the Principal and, should the occasion arise,
submit proposals for correcting problematic situations.
(7) Monitor shall be entitled to compensation on the same terms as being extended to / provided to Outside
Expert Committee members / Chairman as prevailing with Principal.
(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under
relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken
visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also
transmit this information directly to the Central Vigilance Commissioner, Government of India.
(9) The word Monitor would include both singular and plural.
Section 9
Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last
payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.
If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse
of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.
Section 10
Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of
the Principal, i.e. New Delhi.The Arbitration clause provided in the main tender document / contract shall
not be applicable for any issue / dispute arising under Integrity Pact.
(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements
have not been made.
(4) If the Contractor is a partnership or a JV this agreement must be signed by all partners or JV members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement
remains valid. In this case, the parties will strive to come to an agreement to their original intentions.
--------------------------------- --------------------------------
For the Principal For the Bidder / Contractor
Date --------------
Witness 2 : --------------------------- .
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Apendix-24
Date:
This is to certify that the (Plant detail and location) was commissioned on (Date ofcommissioning)by(Bidder
Details)against the LOI/ WO No. (Details of LOI/ WO with completescope).
The project is under operation since the date of commissioning and has been working satisfactorily as per the
estimated output. The cumulative generation (Net) of the Plant recorded for the previous year is (Number of units
generated) and the PR is (mentioned thePR value).
Regards,
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and Tripura Under CAPEX Model
Appendix-25
1. Name & Complete Address of the Supplier / Contractor as per Bank records
Name :
Address :
Phone No.
2. Name & Complete Address of the Bank with Branch details.
A) Name of the Bank
Telephone No.
3. Type of Bank account ( Current/Savings/Cash Credit) with code (10/11/13)
Type of Bank account :
8. e-mail address of the vendor / authorized official (for receiving the updates on
status of payments).
Email address :
I hereby declare that the particulars given above are correct and complete. If the transaction is
delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the
user institution responsible. I have read the option invitation letter and agree to discharge the
responsibility expected of me as a participant under the scheme.
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and Tripura Under CAPEX Model
1. Confirm whether the bidder belong to the category of Micro, Small and Medium Enterprises as defined in the
Micro, Small and Medium Enterprises Development Act, 2006 (MSMEDA).
2. Please specify the category of Micro, Small or Medium Enterprises and whether the enterprise is in
manufacturing or service industry, along with valid documentary evidence.
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and Tripura Under CAPEX Model
Appendix-26
Dear Sirs,
1. In consideration of Oil and Natural Gas Corporation Ltd. incorporated under the Companies Act 1956
having its registered office at Pandit Deendayal Upathyaya Urja Bhawan,5 A, Nelson Mandela Road,
Vasant Kunj,New Delhi - 110 070, India and one of its offices at ONGC -----------------------------------------
(hereinafter referred to as "Company" which expression shall unless repugnant to the context or meaning thereof
includes all its successors, administrators, executors and assigns), having entered into a Contract No. .............
dated ............. (hereinafter called "The Contract" which expression shall include all the amendments thereto) with
M/s ............... having its registered/head office at ..............(hereinafter referred to as "The Contractor, which
expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators,
executors and assigns) and Company having agreed that the Contractor shall furnish to Company a bank
guarantee for Indian Rupees/US$ ...........( in figures) (Indian Rupees/US Dollars ..........) (in words) to cover the
amount of Liquidated Damages as per Clause 6.3.2 of GCC
2. We.................. (name of the Bank) registered under the laws of ............... (name of the
country) having head/registered office at ........... (hereinafter referred to as "The Bank" which expression shall,
unless repugnant to the context or meaning thereof include all its
successors, administrators, executors and permitted assigns) do hereby guarantee and undertake to pay
immediately on first demand in writing and any/all money(ies) to the extent of IndianRs./US$ ............. (in figures)
(Indian Rupees/US Dollars ..........) (in words) without any demur, reservation, contest or protest and/or without
any reference to the Contractor. Any such demand made by Company on the Bank by serving a written notice
shall be conclusive and binding, without any proof, on the bank as regards the amount due and payable, not
withstanding any dispute(s) pending before any Court, Tribunal, Arbitrator or any other authority and/or any other
matter or things whatsoever, as liability under these presents being absolute and unequivocal. We agree that the
guarantee herein contained shall be irrevocable.
This guarantee shall not be determined, discharged or affected by the liquidation, winding up dissolution or
insolvency of the Contractor and shall remain valid, binding and operative against the Bank.
3. The Bank also agree that Company at its option shall be entitled to enforce this Guarantee against the Bank as
a principal debtor, in the first instance, without proceeding against the Contractor and notwithstanding any
security or other guarantee that Company may have in relation to the Contractor's liabilities.
4. The Bank further agree that Company shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder to vary any of the terms and conditions of the said Contract or to extend
time of performance by the said Contractor(s) from time to time or to postpone for any time or from time to time
exercise of any of the powers vested in Company against the said Contractor(s) and to forebear or enforce any of
the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of
any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on
the part of Company or any indulgence by Company to the said Contractor(s) or any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.
5. The Bank further agree that the Guarantee herein contained shall remain in full force during the period that is
taken for the performance of the Contract and all dues of Company under or by virtue of this Contract have been
fully paid and its claim satisfied or discharged or till Company discharges this guarantee in writing, whichever is
earlier or until the date of expiry of the claim period specified in para 9 of this Bank Guarantee, whichever shall
first occur.
6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of Company or
that of the Contractor.
7. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of
issue.
8. The Bank also agree that this guarantee shall be governed and construed in accordance with Indian Laws and
subject to the exclusive jurisdiction of Indian Courts in Mumbai.
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9. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Indian
Rs./US$..........(in figures) (Indian Rupees/US Dollars .............) (in words) and our guarantee shall remain in force
until ................. (indicate the date of expiry of bank guarantee).
Any claim under this Guarantee must be received by us before the expiry of this Bank
Guarantee. If no such claim has been received by us by the said date, the rights of Company under this
Guarantee will cease. However, if such a claim has been received by us within the said date, all the rights of
Company under this Guarantee shall be valid and shall not cease until we have satisfied that claim.
In witness whereon, the Bank through its authorized officer has set its hand and stamp on this......... day of.......
at.........
.........................
(SIGNATURE)
Full name, designation and official address
(in legible letters) with Bank Stamp.
Attorney as per power of Attorney No...... Date...........
WITNESS NO.1
.............................
(SIGNATURE)
Full name and official address (in legible letters)
WITNESS NO.2
..........................
(SIGNATURE)
2. Foreign parties are requested to execute bank guarantee as par law in their country.
3. Foreign bidders will give guarantee either in the currency of the offer or US $ (US Dollar)i.e.
Indian Rs/US $ have been mentioned only for illustration. Therefore, in case where bank guarantee is being given
in currency other than 'Rupees' or U.S.$, indicate the relevant currency of the offer.
4.(a) The Bank Guarantee by Indian contractor can be given from Nationalized/ Scheduled Banks only. The
Foreign contractor can give the Bank Guarantee either from Nationalized/ Scheduled Bank situated in India or
from an Indian Scheduled Bank situated in their country.
(b) In case the Bank Guarantee is being issued by a foreign bank (the same should be issued from any of the
banks indicated at Appendix- B-7 of Appendices to Instructions to bidders (ITB) of this bid document), then such
Bank Guarantee shall be accepted only with collateral security/ guarantee/ confirmation from any Indian
Scheduled Bank.
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APPENDIX-C
Declaration of independence and impartiality by OEC Member
To,
1. ONGC .
2. Contractor
Subject: Declaration of independence and impartiality by OEC Member in the dispute between
ONGC.Andunder Contract No
I, the undersigned, hereby accept to act as Member of the Expert Committee and conciliate in the
disputes under reference between the parties above named.
I confirm that I am aware of the requirements of law particularly of the Arbitration and Conciliation Act,
1996, to act as a conciliator. I am able to act as conciliator and am available to act as Member of the
Expert Committee.
I hereby declare that I am independent of each of the parties and have no ownership interest in any
part of the contract under reference or any financial interest in the said contract. I have no interest in
the outcome of the dispute or its settlement.
I hereby affirm that I shall act with honesty, integrity, diligence, and will remain independent and
impartial while discharging my duties as conciliator/OEC Member. I will disclose any interest or
relationship with the parties or the subject matter which might compromise in any manner my ability or
capacity to remain impartial and independent in the matter.
The fees and other facilities offered to me and the terms and conditions contained in the appoint letter
and guidelines issued by ONGC are acceptable to me. I will not demand for enhancement of the same.
(Signature)
Name:
Address:
Phone:
Email:
Date:
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APPENDIX-D
4. Issues:
Statement of Claims may kindly be restricted to maximum limit of 20 pages. Relevant documents may
be compiled and submitted along with the statement of claims. The statement of claims is to be
submitted to all OEC members, to other party and to the office of Chief Legal Services, by post as well
as mail.
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Appendix B-6
DECLARATION OF BIDDER
Bidder hereby submit declaration to the effect that neither the bidder themselves., nor any of its allied
concerns, partners or associates or directors or proprietors involved in any capacity, are currently
serving any banning orders issued by ONGC debarring them from carrying on business dealing with
ONGC.
Designation :
Date :
Place :
Address:
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Appendix-27
Bidder hereby submits undertaking that all the documents / certificate / information submitted by them against the tender
are genuine. In case any of the documents / certificates / information submitted by the bidder is found to be false or
forged, action as deemed fit may be initiated by ONGC at its sole discretion.
Designation :
Place :
Address:
Date :
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NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-28
UNDERTAKING OF BIDDER
Bidder hereby submits undertaking to provide all the necessary certificates / documents for enabling ONGC to
avail GST Input Credit benefits, in respect of the payments of GST/ CVD/ SAD etc. which are payable against the
contract (if awarded).
Designation :
Place :
Address:
Date :
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-B-11
Undertaking for EPF Code Registration, in case of non-availability of EPF code registration
We, hereby confirm that we will submit the application for obtaining EPF code with appropriate
authority under the Employees Provident Fund and Miscellaneous Provisions Act1952, within
15 days from the date of NOA and furnish the EPF registration code within 30 days to ONGC.
Place ;
Date :
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix- B-12
We hereby confirm that we shall obtain labourlicence from appropriate Labour Authority under
the Contract Labour [Regulation & Abolition] Act 1970 and will submit to ONGC within 30 days
from the date of issue of NOA.
Place ;
Date :
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-B-13
Undertaking for ESI Code Registration, in case of non-availability of ESI code registration
We, hereby confirm that we will submit the application for obtaining ESI code with appropriate
authority under the Act1948, within 15 days from the date of NOA and furnish the ESI
registration code within 30 days to ONGC.
Place ;
Date :
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Format-A
Shareholding certificate
Type and
Name of the Equity % of equity Extent of Voting
Number of
holder holding rights
shares owned
With Stamp
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 223 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Format -7
To,
Dear Sir,
Sub: Bid for Implementation of Grid connected Roof Top and Small Solar Power Plants
Programme in response to the NIT No: REIL/BID/RTS(C)/2017-18/003Dated.-------------
We submit our Bid/Bids for the total capacity of ____MWp for which details of our Financial
Eligibility Criteria Requirements are as follows.
Further, we certify that the Financially Evaluated Entity (ies) had an Annual Turnover
or
Net worth (strike out whichever is not applicable) of RsCrore computed as per
instructions provided in Clause 3.3.3 of this NIT based on unconsolidated audited annual
accounts (refer Note-1 below) any of the last 3 Years immediately preceding the Bid Deadline.
Net worth
Name of
Relationship Annual as per
Financially Financial Year of
Evaluated with Bidding year Incorporation Turnover (Rs. Clause
Entity* Company** Crore) 3.3.3 (in
Rs. Crore)
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
** The column for Relationship with Bidding Company is to be filled in only in case
financial capability of Parent Company and/or Affiliate has been used for meeting
Qualification Requirements.
Yours
faithfully
Signature and stamp (on each page) of Authorized Signatory of Bidding Company.
Name: .
Date:
Place: ..
Name: ..
Date: .
Place:
Notes:
Audited consolidated annual accounts of the Bidder may also be used for the purpose
of financial criteria provided the Bidder has at least 26% equity in each company whose
accounts are merged in the audited consolidated accounts and provided further that the
financial capability of such companies (of which accounts are being merged in the
consolidated accounts) shall not be considered again for the purpose of evaluation of
the Bid.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 225 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Format-8
To,
Dear Sir,
Sub: Bid for Implementation of Grid connected Roof Top and Small Solar Power Plants
Programme.
..
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 226 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Format-9
(On the Letter Head of the Financially Evaluated Entity or its Parent
Company/Ultimate Parent Company)
Name:
Full Address:
Telephone No.:
E-mail address:
Fax/No.:
To,
Dear Sir,
We have carefully read and examined in detail the NIT, including in particular, Clause
.of the NIT, regarding submission of an undertaking, as per the prescribed Format at
Annexure.of the NIT.
We have also noted the amount of the Performance Guarantee required to be submitted
as per Clause.of the NIT the ..(Insert the name of the Bidding
Company) in the event of it being selected as the Successful Bidder.
In view of the above, we hereby undertake to you and confirm that in the event of failure
of
..(Insert name of the Bidding Company) to submit the Performance Guarantee
in full or in part at any stage, as specified in the NIT, we shall submit the Performance
Guarantee not submitted by (Insert name of the Bidding
Company).
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 227 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
We have attached hereto certified true copy of the Board Resolution Whereby the
Board of Directors of our Company has approved issue of this Undertaking by the
Company.
All the terms used herein but not defined, shall have the meaning as ascribed to the
said terms under the NIT.
WITNESS
(Signature)
Name
Designation..
(Signature)
Name
Designation..
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure-A
2. All Agreement shall generally have reference to the REILs NIT No. and Letter of
Allocation and provisions as per terms and conditions, technical specification and
performance parameter in line with the REILs NIT Document against which
Letter of Allocation has been issued. In addition, it shall indicate the price
payable by the roof top Owner to the developer, payment terms, completion
period along with other conditions of contract like insurance, warranty, force
majeure, arbitration, jurisdiction, governing law, site access for the developer,
and, site access for REIL officials for the entire plant life, obligation of the roof top
owner regarding providing of data to REIL as per the NIT Document etc.
5. REIL Service Charges: REIL service charges will be deducted by REILfrom the
eligible incentive at the time of disbursement of incentive to the successful
bidders as per clause no 3 of SCC ,PART- IV , of this NIT.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure-B
List of Banks
4. Calyon Bank
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 231 of 289 Signature of Bidder
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure-D
For the optimal operation of a PV plant, maintenance must be carried out on a regular basis.
All the components should be kept clean. It should be ensured that all the components are fastened
well at their due place.
Maintenance guidelines for various components viz. solar panels, inverter, wiring etc. are discussed
below:
1. SOLAR PANELS
Although the cleaning frequency for the panels will vary from site to site depending on soiling, it is
recommended that
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure- G
Quality certification and standards for grid-connected rooftop solar PV systems are essential for
the successful mass-scale implementation of this technology. It is also imperative to put in
place an efficient and rigorous monitoring mechanism, adherence to these standards. Hence,
all components of grid-connected rooftop solar PV system/ plant must conform to the relevant
standards and certifications given below:
Solar PV Modules/Panels
IEC 61215/ IS Design Qualification and Type Approval for Crystalline Silicon
14286 Terrestrial Photovoltaic (PV) Modules
IEC 61853- Part 1/ Photovoltaic (PV) module performance testing and energy
IS 16170: Part 1 rating : Irradiance and temperature performance
measurements, and power rating
Solar PV Inverters
IEC 62109-1, IEC Safety of power converters for use in photovoltaic power
62109-2 systems
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
IEC 62116/ UL Utility-interconnected Photovoltaic Inverters - Test Procedure
1741/ IEEE 1547 of Islanding Prevention Measures
(as applicable)
(as applicable)
Fuses
IS/IEC 60947 (Part General safety requirements for connectors, switches, circuit
1, 2 & 3), EN breakers (AC/DC):
50521 a) Low-voltage Switchgear and Control-gear, Part 1: General
rules
b) Low-Voltage Switchgear and Control-gear, Part 2: Circuit
Breakers
c) Low-voltage switchgear and Control-gear, Part 3: Switches,
disconnectors, switch-disconnectors and fuse-combination
units
d) EN 50521: Connectors for photovoltaic systems Safety
requirements and tests
Surge Arrestors
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar
power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand,
Assam
and Tripura Under CAPEX Model
Cables
IEC 60227/IS 694, General test and measuring method for PVC (Polyvinyl IEC 60502/IS
1554 chloride) insulated cables (for working voltages up to and (Part 1 & 2)/ including
1100 V, and UV resistant for outdoor installation) IEC69947
(as applicable)
Earthing /Lightning
Junction Boxes
IEC 60529 Junction boxes and solar panel terminal boxes shall be of the
thermo-plastic type with IP 65 protection for outdoor use, and
IP 54 protection for indoor use
Energy Meter
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar
power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand,
Assam
and Tripura Under CAPEX Model
Note- Equivalent standards may be used for different system components of the
plants. In case of clarification following person/agencies may be contacted.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure-H
PROJECT REPORT FORMAT
Format for Summary Project Report for Grid Connected Rooftop and Ground
Mounted SPV Power Plants
1. Name of Bidder
2. NIT no.
3. Project details (Site location & Address)
4. Brief about the Rooftop Solar Power Generation System
5. Details of the beneficiary
6. Specifications of the Components and Bill of Material/ Quantities
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure-K
Monthly O & M Report
Project Capacity:
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
meter, connections etc
Plant Monitoring Daily Operation and
performance monitoring
Spare Parts Management Manage Inventory of Spare
parts
Log Book Documentation Maintain Daily Log Records
Tracker ( If Inspection Inspect Gears, gear boxes ,
any) bearing motors
Service Lubricate bearings, gear as
required
Part B
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
26
27
28
29
30
31
Total generation for the month in kWh:
Cumulative generation since commissioning in kWh
CUF for month in %:
Cumulative CUF since commissioning in %:
Date:
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure-L
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
3. Metering Arrangement
Details of Metering
Type of Meter* :
Make of Meter :
4. Other informations
Units of electricity generated by the
solar plant as per meter (in KWh):
Monitoring Mechanism:
No. of personnel to be trained in
O&M :
Task & Expected Schedule(in
Months) :
Grid connectivity level
Grid connectivity level phase* : Grid connectivity
level Voltage* :
Costing of Project
Hardware cost : Rs. Total Cost of Rs.
Installation :
Means of Finance
Envisaged Central Financial Rs.
Assistance from MNRE*
Incentive from states if any Rs.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure-M
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure-O
GST UNDERTAKING
2. That__________ (Name of the company) has submitted its bid no _______________ dated
________ against tender document no___________ dated ______ for ________ item / works.
3. That the Company is fully aware of the anti-profiteering provision under the Goods & Services
Tax (GST) Law(s).
4. That the Company is passing on the benefits which it is getting on account of reduced tax
liability and input tax credit because of enactment of GST Laws. The details and amounts
being passed on to ONGC are provided in Annexure-___ of this document and are as per
applicable GST Laws. These are true and correct to the best of my knowledge, information
and belief.
5. I confirm that I am aware of the implication of the above undertaking and our liability on
account of incorrect/misleading declaration under the GST Laws.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Appendix-N
Undertaking from the Bidding Company in the case of MSME on their Letter Head
Name:
Full Address:
Telephone No.:
E-mail address:
Fax/No.:
To,
RAJASTHAN ELECTRONICS & INSTRUMENTS LTD.
2-Kanakpura Industrial Area , Sirsi Road
JAIPUR-302012
Dear Sir,
We have carefully read and examined in detail the NIT, including its amendments and
clarifications as available on REIL website (www.reiljp.com) and CPP Portal
(www.eprocure.gov.in).
We confirm that M/s (Insert name of Bidding Company/) has fulfilled all the
requirements of MSME Act and as per the acknowledgement/certificate of MSME provided by
. (Insert name of Authority who has provided the MSME Certificate), we are eligible for
execution of the Solar PV project for which the bid has been submitted by us in pursuance to
the REILs NIT No..dated.
Further, we are complying and will continue to comply all terms and conditions of
acknowledgement/certificate of MSME until any further orders from the MSME authority. Any
change in the acknowledgement/certificate of MSME, submitted to REIL, shall be immediately
apprised to REIL for their any further decision in this regard.
Further, we are also eligible for the benefits provided under MSME Act, 2006 and any further
order issued by Govt. of India in this regard prior to last date of bid submission for the
aforementioned NIT.
All the terms used herein but not defined, shall have the meaning as ascribed to the said terms
under the NIT.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
APPENDIX -29
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Polycab Wires Pvt. Ltd Daman
KEI Industries Bhiwadi
Havells India Ltd. Alwar
Apar Industries Valsad
Finolex Pune
KEC International Vadodara
Paramount Communications Khuskhera
13 DC Cable(Interconnecting SPV Siechem Pondicherry
Modules, SPV Module to SMB) Advance India India
LAPP India
TOP Spain
Prsymian
Leoni Germany
Poly Cab India
Apar Khatalwada
14 Battery ( Ni-Cd)
M/S Amcosaft Bangalore
M/s. EXIDE Kolkata
15 Battery Plante/Tubular M/s Exide Kolkata
Hoppeke Brilon, Germany
16 Battery charger M/s Amararaja Tirupati
M/s. Hitachi
M/s Chhabi electrical Jalgaon
M/s. Chloride Power Kolkatta
M/s Dubas Bangalore
M/s SaftNife Power Systems Singapore
17 Earthing & Lightning Protection Main contractor Approved Sources box subject to galvanization
Material like GI Strip/GI Wire
etc
18 HT Cable Termination Kits & M/s 3M Electro & Pune
Straight Through Jointing Communication
Kit(Heat shrinkable type) Raychem Halol
Hari Consolidated Delhi
19 Lighting fixtures with M/s Crompton Mumbai
accessories including lamp M/s HAVEL India
(Filament type) M/s Bajaj Electricals Mumbai
M/s Philips Noida
M/s Wipro Mumbai
M/s Surya Roshni Noida
20 Lighting fixtures with M/ s Wipro Pune
accessories including lamp M/s GE India
(LED type) M/s Philips Pune
M/s Surya India
M/s. Syska
M.s. CGL India
HEVEL Pune
M/s Surya Roshni Noida
M/s Bajaj Mumbai
21 MCB Boxes/Junction boxes / ISI Mark OR Equivalent OR any approved make
Link Boxes/ Test Link Box/
Adopter box, Switch Boxes,
Pull Boxes(Hot Dip
Galvanized)
22 PVC conduit/hume BIS licensee with valid CML number / ISI marked with valid
pipe/lighting wire/GI
pipes/HDPE pipe/Structural
Steel/ GI steel rigid conduit/
epoxy conduit
23 HT Switchgear Panel BHEL Bhopal
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
L&T Ahmednagar
Siemens Mumbai
Jyoti Vadodara
ABB Nasik
Schneider Kolkata
24 Vacuum Type Circuit Breaker Siemens Mumbai
BHEL Bhopal
L&T Ahmednagar
ABB Nasik
Jyoti Vadodara
Schneider Kolkata
25 Numerical Protection Relays SEL Pullman, USA
ALSTOM T&D Stafford, UK
ALSTOM T&D Chennai
ABB Finland
ABB Baroda
GE Multilin Zamudio,
Vizcaya,
Spain/
Markham,
Ontario,
Canada
Schneider Stone, UK
Siemens Germany
Siemens Goa
26 Single Rod Air Terminal Type Main Contractor approved sources: subject to
Solar Array Lightning Arrestor manufacturer / supplier having valid Type Test Report as per IS
2309 or equivalent Standard
27 ESE Type Solar Array Main Contractor approved sources: subject to manufacturer /
Lightning Arrestor supplier having valid Type Test Report as per NF C 17-102 or
equivalent Standard
28 Lighting Poles BIS Licensee as per IS 2713
29 Cable Lug M/s Dowell Mumbai
M/s Billets ElektroWerke Ltd. Umbergaon
( 3 D)
M/s Chetna Nasik
Additional Vendors with Make-Model having mark of CE/VDE/
UL /CSA / BIS .
30 Brass NI Coated Cable Gland Sudhir/ Flexpo/FCG/Baliga/FEPL Manufacturer Approved
Sources
31 GI Cable Tray, fitting, Inar Profiles Ltd Enkapalli (Vishakhapatnam)
accessories including bends Vatco Mumbai
Indiana cable trays Mumbai
Industrial Perforation Kolkata
Ratan Projects Howrah
India Electric Syndicate Kolkata
Steeliteengg. Mumbai
Premier Power Products Howrah
Indiana Gratings Pune
M.J. Engineering Okhla/ Bhiwadi
Jamna Metal Delhi
T.R.G Chennai
Amtech Pune
KannadeAnandUdyog Mumbai
Rukmani Raipur
Passive Infra Hasangarh (Rohtak)
Unitech Fabricators & Howrah/ Hoogly (Kolkata)
Engineers
Patny System Hyderabad
Rabi Engg Kolkata
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and Tripura Under CAPEX Model
MKSD Industries Taloja
Reliable Sponge Kalunga
32 Cable Tray Flexible Tray Vatco Mumbai
Support System Inar profiles Enkapalli
Industrial perforations Kolkata
Premier power products Howrah
Steeliteengg. Mumbai
Indiana gratings Pune
Amtech Pune
Ratan Projects Howrah
MKSD Industries Taloja
33 Transformer (Oil filled type) BHEL
Alstom Naini
Toshiba Hyderabad
ABB Vadodara
CGL KanjurMarg
EMCO Thane
Schneider Vadodara
EMCO Jalgaon
Kirloskar
Raychem RPG India
GE India India
Sudhir India
Bharat Bijalee India
Denish Transformer
Electrotherm India
T&R India India
Tesla (unit-2) Bhopal
Voltamp Savli
Voltamp Savli
34 PT Mehru Bhiwadi
ABB Vadodara
Alstom Hosur
CGL Nasik
35 CT Mehru Bhiwadi
Alstom Hosur
ABB Vadodara
CGL Nasik
BHEL Jhansi/Bhopal
Vishal Transformer Meerut
Heptacare Meerut
36 CVT Alstom Hosur
ABB Vadodara
CGL Nasik
BHEL Jhansi/Bhopal
Mehru Bhiwadi
37 LA Oblum Hyderabad
Lamco Hyderabad
Elektrolite Jaipur
CGL Nasik
38 AB Tariff energy meter Secure Meter Udaipur
Schneider Electric
Elster Mumbai
L&T Mysore
39 Bus Insulator Aditya Birla Halol
IEC Bhopal
WSI Chennai
MODERN Insulator Abu Road
SARAVANA Global Energy Cuddalore
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and Tripura Under CAPEX Model
40 Clamps & connectors KLEMMEN ENGG CHENNAI
MILIND MUMBAI
EMI MUMBAI
NOOTAN ENGG MUMBAI
TAG CORPORATION CHENNAI
ITPL MUMBAI
RASHTRAUDYOG KOLKATA
PEE VEE ENGG BANGALORE
MEGHA Engg CHENNAI
EXALT Mumbai
41 Insulator hardware, conductor RASHTRA UDYOG KOLKATA
accessories & earth wire IAC KOLKATA
accessories ITPL MUMBAI
EMI MUMBAI
EMTT Kolkata
42 Aluminum tube HINDALCO RENUKUT
INDALCO ALUPURAM
CENTURY EXTRUSIONS KOLKATA
JINDAL ALUMINUM TUBE BANGALORE
ALOM EXTRUSIONS KOLKATA
BALCO KORBA
SUDAL NASIK
Banco Vadodara
43 Piping ERW ( IS1239) Main Contractor approved sources; with valid BIS license
44 INSTRUMENTATION CABLE DELTON CABLES LTD FARIDABAD
PARAMOUNT KHUSHKHERA
COMMUNICATION LTD
CORDS CABLE BHIWADI/ KAHARANI
INDUSTRIES LTD
KEI INDUSTRIES LTD BHIWADI
POLYCAB WIRES PVT. LTD DAMAN
THERMOCABLES HYDERABAD
ELKAY TELELINKS FARIDABAD
GUPTA POWER KHURDHA
45 FIBRE OPTIC CABLES BIRLA ERICSSON OPTICAL REWA
AKSH FIBER BHIWADI
FINOLEX PUNE/GOA
R&M SWITZERLAND
HFCL GOA
46 SCADA SYSTEM SIEMENS NASIK
SCHNEIDER ELECTRIC BANGALORE
ROCKWELL AUTOMATION SAHIBABAD
ABB BANGALORE
L&T India
GE INTELLIGENT BANGALORE
PLATFORM
HONEYWELL PUNE
BHEL Bangalore
47 UPS SYSTEM with ACDB FUJI ELECTRIC JAPAN
EMERSON AMBERNATH
HITACHI HIREL GANDHINAGAR
EMERSON(DB POWER) PUNE
KELTRON TRIVENDRUM
GUTOR SWITZERLAND
48 TEMPERATURE ELEMENT DETRIV MUMBAI
INSTRUMENTATION &
ELECTRONICS LTD.
TEMPSENS UDAIPUR
TECHNO INSTRUMENT AHMEDABAD
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and Tripura Under CAPEX Model
PYRO ELECTRIC GOA
THERMAL INSTRUMENTS SAWANTVADI
INDIA PVT.LTD
49 CCTV BOSCH BANGALORE
Axis Sweden
Pelco by Schneider USA
50 Fire Extinguisher BIS approved sources with valid BIS License
51 FLP Fixtures Sudhir/baliga/flexpro/FCG/FEPL/PROMPT
NOTE: The above is indicative/suggested vendor list. MNRE approved vendors are also included in this
Tender . The place specified for manufacturer may change in India.
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Annexure-II
List of Identified rooftops and Surplus Land indicating potential for proposed installation
capacity
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and Tripura Under CAPEX Model
24 Gujarat ONGC Mehsana North Santhal CTF Kasalpur 1385 138 Roof Top
Mehsana
25 Gujarat ONGC Mehsana Santhal Main Kasalpura 1604 160 Roof Top
Mehsana
26 Gujarat ONGC Mehsana Sobhasan ETP 1199 120 Roof Top
Mehsana
27 Gujarat ONGC Mehsana Sobhasan CTF 409 41 Roof Top
Mehsana
28 Gujarat ONGC Mehsana Sobhasan GGS 1 123 12 Roof Top
Mehsana
29 Gujarat ONGC Mehsana Sobhasan GGS 2 45 5 Roof Top
Mehsana
30 Gujarat ONGC Mehsana South Santhal CTF 1831 183 Roof Top
Mehsana
31 Gujarat ONGC Ahmedab GGS 1 Kalol 180 18 Roof Top
Ahmedabad ad
32 Gujarat ONGC Ahmedab GGS 2 Kalol 156 15.6 Roof Top
Ahmedabad ad
33 Gujarat ONGC Ahmedab GGS 3 Kalol/ETP 875 87.5 Roof Top
Ahmedabad ad
34 Gujarat ONGC Ahmedab GGS 3 WIP 390 39 Roof Top
Ahmedabad ad
35 Gujarat ONGC Ahmedab GGS 4 Kalol 215 21.5 Roof Top
Ahmedabad ad
36 Gujarat ONGC Ahmedab GGS 5 Kalol 140 14 Roof Top
Ahmedabad ad
37 Gujarat ONGC Ahmedab GGS 6 Kalol 200 20 Roof Top
Ahmedabad ad
38 Gujarat ONGC Ahmedab GGS 7 Kalol/WIP 200 20 Roof Top
Ahmedabad ad
39 Gujarat ONGC Ahmedab GGS 7 Kalol 300 30 Roof Top
Ahmedabad ad
40 Gujarat ONGC Ahmedab ETP GGS 7 Kalol 300 30 Roof Top
Ahmedabad ad
41 Gujarat ONGC Ahmedab GGS 8 Kalol 66 6.6 Roof Top
Ahmedabad ad
42 Gujarat ONGC Ahmedab GGS 9 Kalol 296 29.6 Roof Top
Ahmedabad ad
43 Gujarat ONGC Ahmedab GGS 11 Kalol 360 36 Roof Top
Ahmedabad ad
44 Gujarat ONGC Ahmedab CTF Kalol 1980 183 Roof Top
Ahmedabad ad
45 Gujarat ONGC Ahmedab EPS Wadu 328 32.8 Roof Top
Ahmedabad ad
46 Gujarat ONGC Ahmedab GGS Paliyad 102 10.2 Roof Top
Ahmedabad ad
47 Gujarat ONGC Ahmedab GGS Wasna 205.53 20.55 Roof Top
Ahmedabad ad
48 Gujarat ONGC Ahmedab WIP Wasna 212.51 21.25 Roof Top
Ahmedabad ad
49 Gujarat ONGC Ahmedab GGS 1 Nawagam 207 20.7 Roof Top
Ahmedabad ad
50 Gujarat ONGC Ahmedab GGS 2 Nawagam 161.5 16.15 Roof Top
Ahmedabad ad
51 Gujarat ONGC Ahmedab Nawagam/ETP 20.75 2.08 Roof Top
Ahmedabad ad
52 Gujarat ONGC Ahmedab GGS 3 Nawagam 262.19 26.22 Roof Top
Ahmedabad ad
53 Gujarat ONGC Ahmedab GGS Ramol 231.1 23.11 Roof Top
Ahmedabad ad
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
54 Gujarat ONGC Ahmedab EPS Ramol 308.72 30.87 Roof Top
Ahmedabad ad
55 Gujarat ONGC Ahmedab GGS Nandej 199.6 19.96 Roof Top
Ahmedabad ad
56 Gujarat ONGC Ahmedab CTF GCP Nawagam 1918.9 191.89 Roof Top
Ahmedabad ad
57 Gujarat ONGC Ahmedab Desalter Nawagam 1202.91 120.29 Roof Top
Ahmedabad ad
58 Gujarat ONGC Ahmedab GGS 1 Sanand 375 37.5 Roof Top
Ahmedabad ad
59 Gujarat ONGC Ahmedab GGS 2 Sanand 199.6 19.96 Roof Top
Ahmedabad ad
60 Gujarat ONGC Ahmedab GCP Sanand 330 37.5 Roof Top
Ahmedabad ad
61 Gujarat ONGC Ahmedab GGS 1 Jhalora 419 41.9 Roof Top
Ahmedabad ad
62 Gujarat ONGC Ahmedab GGS ETP Jhalora 495.95 49.6 Roof Top
Ahmedabad ad
63 Gujarat ONGC Ahmedab GGS 2 Jhalora 165 16.5 Roof Top
Ahmedabad ad
64 Gujarat ONGC Ahmedab CTF Kadi 170.84 17.08 Roof Top
Ahmedabad ad
65 Gujarat ONGC Ahmedab WIP Kadi 74.1 7.41 Roof Top
Ahmedabad ad
66 Gujarat ONGC Ahmedab GGS Viraj 406.68 40.66 Roof Top
Ahmedabad ad
67 Gujarat ONGC Ahmedab GAMIJ 23 EPS 380 38 Roof Top
Ahmedabad ad
68 Gujarat ONGC Ahmedab GAMIJ 26 EPS 335 33.5 Roof Top
Ahmedabad ad
69 Gujarat ONGC Ahmedab GGS 1 Limbodara 335 33.5 Roof Top
Ahmedabad ad
70 Gujarat ONGC Ahmedab GGS 2 Limbodara 310 31 Roof Top
Ahmedabad ad
71 Gujarat ONGC Ahmedab GGS 1 Gamij 383 38.3 Roof Top
Ahmedabad ad
72 Gujarat ONGC Ahmedab EPS Motera 210 21 Roof Top
Ahmedabad ad
73 Gujarat IRS Ahmedab Institute of Reservoir Studies 5254 400 Roof Top
Ahmedabad ad
74 Gujarat ONGC Ahmedab WSS Sertha 194.5 17 Roof Top
Ahmedabad ad
75 Gujarat ONGC Ahmedab WSS Saij 379 26 Roof Top
Ahmedabad ad
76 Gujarat C2 - C3 Makarpura C2-C3 plant 8300 500 Ground
Plant Mounted
(Surplus Approx.
land 1000 Mtr
77 Gujarat C2 - C3 Makarpura C2-C3 plant 4894 490 Roof Top
Plant
78 Gujarat WON Basin Vadodra Western Onshore Basin, Vadodara 1011 101 Roof Top
79 Gujarat Central Vadodra Central Workshop, Western Onshore 13519 968 Roof Top
Workshop Basin, Opposite Baroda Dairy,
Makarpura Road, Makarpura,
Vadodara - 390014
80 Gujarat Western Vadodra Central Office (WON Basin), Western 855 65 Roof Top
Workshop Onshore Basin, Opposite Baroda
Dairy, Makarpura Road, Makarpura,
Vadodara - 390014
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
81 Gujarat Cambay Khambhat ONGC Cambay, Khambat 32276 131 Roof Top
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
106 Assam ONGC Nazira Drilling Tool Yard, Sivasagar, Kari 480 60 Roof Top
Assam Gaon, Assam 785640
107 Assam ONGC Nazira Guest House , ONGC Colony, 180 10 Roof Top
Assam NAZIRA, ONGC Colony,ONGC Rd,
Nazira, Assam 785685
108 Assam ONGC Nazira Helipad Field, ONGC Colony, 4800 400 Roof Top
Assam NAZIRA, ONGC Colony,ONGC Rd,
Nazira, Assam 785685
109 Assam ONGC Nazira ONGC Hospital , Sivasagar, ONGC 1440 120 Roof Top
Assam Colony Sivasagar, Assam 785640
110 Assam ONGC Nazira C-Type Quarters , ONGC Colony, 1112 90 Roof Top
Assam NAZIRA, ONGC Colony,ONGC Rd,
Nazira, Assam 785685
111 Assam ONGC Nazira ONGC Regional Office Base I, II & 600 50 Roof Top
Assam III, NAZIRA, ONGC Colony,ONGC
Rd, Nazira, Assam 785685
112 Assam ONGC Borholla ONGC Limited, Jorhat,Borholla, GCP 2400 200 Approx.
Assam (Surplus Building G.C.P.ONGC, Borholla(GCP 150 m,
Land) Building),Arakanbasin-II 415
V,(Ground
Mounted)
113 Assam ONGC Jorhat ONGC Limited, Jorhat-1, ONGC, 6000 500 Approx.
Assam (Surplus Office cum Residential 150 m,
Land) Complex,Chinamora,Jorhat-785704 415 V
,Ground
Mounted
114 Tripura ONGC Agartala ONGC Base, Badharghat, 480 40 Roof Top
Tripura Arundhauti Nagar, Agartala,
Tripura 799014
115 Tripura ONGC Agartala ONGCStore Yard & Work Shop, 1120 120 Roof Top
Tripura Badharghat, Arundhauti Nagar,
Agartala, Tripura 799014
116 Tripura ONGC Agartala ONGC Base, Badharghat, 560 40 Roof Top
Tripura Arundhauti Nagar, Agartala,
Tripura 799014
Panchmukh Store, ONGC,
Agartala
117 Tripura ONGC Agartala ONGC Base, North Colony, 820 60 Roof Top
Tripura Badharghat, Arundhauti Nagar,
Agartala, Tripura 799014
KV School, ONGC
118 Tripura ONGC Agartala ONGC Base, North Colony, 754 60 Roof Top
Tripura Badharghat, Arundhauti Nagar,
Agartala, Tripura 799014
GUEST HOUSE, ONGC
119 Tripura ONGC Agartala ONGC Base, North Colony, 480 40 Roof Top
Tripura Badharghat, Arundhauti Nagar,
Agartala, Tripura 799014
Fire Station, Base Office
120 Tripura ONGC Agartala ONGC Base, North Colony, 156 15 Roof Top
Tripura Badharghat, Arundhauti Nagar,
Agartala, Tripura 799014
Baramura Gas Centering
Station
121 Tripura ONGC Agartala Sardu Karkari, Tripura 799045 100 10 Roof Top
Tripura Baramura Explosive
ONGC, Agartala
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SOLAR POWER PLANTS PRORAMME
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Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
122 Tripura ONGC Agartala Site Address - Prabhapur,Tripura 600 50 Approx.
Tripura (Surplus ABD Gas Centering Station 60 m, 415
Land) V
,(Ground
Mounted)
123 Tripura ONGC Agartala Site Address Konaban, 3000 150 Approx.
Tripura (Surplus Bishalgarh, Tripura 799100 200m, 415
Land) Konaban Gas Centering Station V (Ground
Mounted)
124 Assam ONGC Silchar ONGC ,Cachar Forward 1275 120 Roof Top
Assam base,O.N.G.C. Office & Kendriya
Vidyalaya Complex, Cachar
Forward Base, Srikona,Badarpur
Silchar, Assam Silchar
125 Assam ONGC Silchar O.N.G.C. Saidpur, Sonabarighat 600 40 Approx.
Assam (Surplus Pt I, Assam 788013 40 m, 415
Land) V,
(Ground
Mounted)
126 Assam ONGC Silchar O.N.G.C. Banskandi, Gobindapur 240 10 Approx.
Assam (Surplus Pt III, Assam 788101 40 m, 415
Land) V,
(Ground
Mounted)
127 Tripura ONGC Agartala ONGC Base, Badharghat, 1800 150 Roof Top
Tripura Arundhauti Nagar, Agartala,
Tripura 799014 (North Colony B-2
& A-2 QTRs, ONGC, Agartala)
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and Tripura Under CAPEX Model
Annexure-III
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and Tripura Under CAPEX Model
APPENDIX- C-1
Proforma shall be provided to the successful bidder during execution of the project.
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and Tripura Under CAPEX Model
APPENDIX- C-2
ACCIDENT REPORT
2. Designation
3. Age
4. Place of duty
8. Approximate time for which the victim cannot attend to his duties
Name: Designation:
12. If so, the name and the designation of the person(s) at fault with the full account of the negligence,
fault etc.
i) the workman having been at the time thereof under the influence of drink or damage drugs or
ii) the willful disobedience of the workman to an order expressly framed for the purpose of accruing
the safety or workman, or
iii) the willful removal or disregard by the workman of any safety guard or otherwise which he know
to have been provided for the purpose of securing the safety of workman
14. Name and designation of the persons who were present on the spot at the time of the accident and who
can give important evidence.
Name Designation
Name Designation
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etc. etc.
15. Was the victim given any first aid? Yes/No Time
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and Tripura Under CAPEX Model
Annexure-A-1
Proforma of Bank Guarantee towards Performance Security by the Supporting Company of the
bidding company.
PERFORMANCE GUARANTEE
To,
Dear Sirs,
1. In consideration of Oil & Natural Gas CORPORATION Limited, incorporated under the Companies Act, 1956,
having its Registered Office at ------------------------------ New Delhi-110001, India and one of its offices at
_____________________ (hereinafter referred to as `ONGC', which expression shall, unless repugnant to the
context or meaning thereof, include all its successors, administrators, executors and assignees) having entered
into a CONTRACT No. __________________ dated _______________ (hereinafter called 'the CONTRACT'
which expression shall include all the amendments thereto) with M/s __________________________ having
its registered/head office at ______________________(hereinafter referred to as the 'CONTRACTOR') which
expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators,
executors and assignees).
Further, M/s _____________ (Name of the Supporting company) having its registered/head office at
______________________(hereinafter referred to as the 'SUPPORTING COMPANY') which expression
shall, unless repugnant to the context or meaning thereof include all its successors, administrators, executors
and assignees) has agreed to provide support to the CONTRACTOR for successful completion of the contract as
mentioned above, entered between ONGC and the CONTRACTOR and ONGC having agreed that the
'SUPPORTING COMPANY' shall furnish to ONGC a performance guarantee for Indian Rupees/US$ ..............
towards providing support to the CONTRACTOR for successful completion of the contract as mentioned above,
2. We (name of the bank) ______________________________ registered under the laws of _______ having
head/registered office at __________________________ (hereinafter referred to as "the Bank", which
expression shall, unless repugnant to the context or meaning thereof, include all its successors,
administrators, executors and permitted assignees) do hereby guarantee and undertake to pay immediately on
first demand in writing any/all moneys to the extent of Indian Rs./US$ (in figures) __________ (Indian
Rupees/US Dollars (in words)_____________________________) without any demur, reservation, contest or
protest and/or without any reference to the 'SUPPORTING COMPANY'. Any such demand made by ONGC on
the Bank by serving a written notice shall be conclusive and binding, without any proof, on the bank as regards
the amount due and payable, notwithstanding any dispute(s) pending before any Court, Tribunal, Arbitrator or any
other authority and/or any other matter or thing whatsoever, as liability under these presents being absolute and
unequivocal. We agree that the guarantee herein contained shall be irrevocable and shall continue to be
enforceable until it is discharged by ONGC in writing. This guarantee shall not be determined, discharged or
affected by the liquidation, winding up, dissolution or insolvency of the 'SUPPORTING COMPANY' and shall
remain valid, binding and operative against the bank.
3. The Bank also agrees that ONGC at its option shall be entitled to enforce this Guarantee against the Bank as
a principal debtor, in the first instance, without proceeding against the 'SUPPORTING COMPANY' and
notwithstanding any security or other guarantee that ONGC may have in relation to the 'SUPPORTING
COMPANYs' liabilities.
4. The Bank further agrees that ONGC shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder to vary any of the terms and conditions of the said CONTRACT or to
extend time of performance by the said CONTRACTOR(s) from time to time or to postpone for any time or from
time to time exercise of any of the powers vested in ONGC against the said CONTRACTOR(s) and to forbear or
enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our
liability by reason of any such variation, or extension being granted to the said CONTRACTOR(s) or for any
forbearance, act or omission on the part of ONGC or any indulgence by ONGC to the said CONTRACTOR(s) or
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and Tripura Under CAPEX Model
any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have
effect of so relieving us.
5. The Bank further agrees that the Guarantee herein contained shall remain in full force during the period that is
taken for the performance of the CONTRACT and all dues of ONGC under or by virtue of this CONTRACT have
been fully paid and its claim satisfied or discharged or till ONGC discharges this guarantee in writing, whichever is
earlier.
6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of ONGC or that
of the 'SUPPORTING COMPANY'.
7. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the
country of issue.
8. The Bank also agrees that this guarantee shall be governed and construed in accordance with Indian
Laws and subject to the exclusive jurisdiction of Indian Courts of the place from where the purchase CONTRACT
has been placed.
9. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Indian
Rs./US$ (in figures) ______________ (Indian Rupees/US Dollars (in words) ____________________) and our
guarantee shall remain in force until ______________________.(indicate the date of expiry of bank guarantee)
Any claim under this Guarantee must be received by us before the expiry of this Bank Guarantee. If no
such claim has been received by us by the said date, the rights of ONGC under this Guarantee will cease.
However, if such a claim has been received by us within the said date, all the rights of ONGC under this
Guarantee shall be valid and shall not cease until we have satisfied that claim.
In witness whereof, the Bank through its authorised officer has set its hand and stamp on this ........ day
of ........20__ at .....................
WITNESS NO. 1
-------------------------- -------------------------
(Signature) (Signature)
Full name and official Full name, designation and
address (in legible letters) address (in legible letters) with Bank stamp
WITNESS NO. 2
--------------------------
(Signature)
Full name and official
address (in legible letters)
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and Tripura Under CAPEX Model
Annexure B-1
WHEREAS
1. M/s Oil & Natural Gas Corporation Limited, a company duly incorporated under the Companies Act 1956,
having Corporate Identity Number ----------and its Registered Office at ------------------------------------- and having an
office, amongst others, at (insert purchase centre address) hereinafter called ONGC which
expression shall unless excluded by or repugnant to the context thereof, be deemed to include its successor and
assigns, has invited tender number for .. on ..
2. M/s .. (mention complete name), a company duly organized and existing under the laws of
. (insert jurisdiction/country), havingCorporate Identity Number ----------and its Registered Office at
.. (give complete address) hereinafter called the Bidder and or Contractor as the context may
require which expression shall, unless excluded by or repugnant to the subject or context thereof, be deemed to
include its successor and permitted assigns,havein response to the above mentioned tender, submitted their bid
bearing number to ONGC.
3. The Bidder does not meet the financial criteria required under the aforesaid tender.
4. The Guarantor Company holds more than 50 % paid up equity capital of the Bidder.
5. The Guarantor Company meets all the financial criteria parameters stipulated under the aforesaid tender and
wishes to support the Bidder to make it eligible to submit its bid.
ONGC is willing to consider the bid of the Bidder Company only if the bid is accompanied with a guarantee from
the Guarantor Company guaranteeing financial support for satisfactory performance of the work covered under
the said tender including any change therein as may be deemed appropriate by ONGC Corporation at any stage.
The Guarantor represents that they have read the terms and conditions and understood the requirement of the
above said tender and are capable of and committed to provide financial support as may be required by the
Bidder Company for successful execution of the same.
Accordingly, at the request of the Bidder Company and in consideration of and as a requirement of the aforesaid
tender, the Guarantor hereby gives this guarantee to ONGC and undertakes as follows:
1. The Guarantor is providing Performance Bank Guarantee ( BG No. _______ dated______ issued by
________) of INR., to ONGC as guarantee for performance by the Bidder / Contractor. The
Guarantor hereby expressly agrees that if in the opinion of ONGC, the Bidder / Contractor has failed to
perform its obligations under the contract in any manner, ONGC shall have unfettered right to invoke the
said Bank guarantee. The guarantor hereby agrees that decision of ONGC about performance of the
bidder / contractor shall be final and shall not be questioned by the Guarantor. Guarantor shall have no
objection to invocation of the Performance Bank Guarantee submitted by the Guarantor.
2. The Guarantor agrees that the Guarantee herein contained shall remain valid and enforceable till the
satisfactory execution and completion of the work (including discharge of the warranty obligations) under
the contract that may be awarded to the Bidder/ Contractor.
3. The Guarantor represents that this Guarantee has been issued after due observance of the appropriate
laws in force in India. The Guarantor hereby undertakes that the Guarantor shall obtain and maintain in
full force and effect all the governmental and other approvals and consents that are necessary and do all
other acts and things necessary or desirable in connection therewith or for the due performance of the
Guarantors obligations hereunder.
4. The Guarantor also agrees that this Guarantee shall be governed and construed in accordance with the
laws in force in India and shall be subject to the exclusive jurisdiction of the courts of .., India.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
5. The Guarantor hereby declares and represents that this Guarantee has been given without any undue
influence or coercion from any person and that the Guarantor has fully understood the implications of the
same.
6. The Guarantor represents and confirms that the Guarantor has the legal capacity, power and authority to
issue this Guarantee and that giving of this Guarantee and the performance and observations of the
obligations hereunder do not contravene any existing law or any judgement.
Witness: Signature__________________
1.Signature________________ Name_____________________
Full Name _________________ Designation ________________
Address___________________ official seal_________________
2.Signature________________
Full Name _________________
Address___________________
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
PART VI
Tel: +91-141-2471835,+91-141-2470879 ,
Fax- +91-141-2470139
&
Website - http://www.reiljp
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
TABLE OF CONTENTS
PAGE
SNO CLAUSE DESCRIPTION
NO.
1 1 Definitions 271
2 1.1 Solar Photo Voltaic Module 272
3 1.2 Array Structure 273
4 1.3 Junction Boxes 274
5 1.4 D.C .Distribution Board 275
6 1.5 A.C .Distribution Board 275
7 1.6 PCU/Array Size Ratio 276
8 1.7 PCU/Central/String Inverter 276
9 1.8 Weather Monitoring System 278
10 1.9 Civil Work 279
11 2 Integration OF PV Power with Grid 279
12 3 Data Acquisition System/ Plant Monitoring 279
13 4 Transformer if required and Metering 281
18 5 Power Consumption 281
19 6 Protections 281
20 7 Cables 282
21 8 Connectivity 283
22 9 Tools & Tackles and Spare 285
23 10 Danger Boards & Signals 285
24 11 Fire Extinguishers 285
25 12 Drawings & Manuals 285
26 13 Planning and Designing 285
27 14 Drawings to be furnished by bidder after award of contract 286
28 15 Solar PV System in the rooftop for meeting the annual energy 286
requirement
29 16 Safety Measure 286
30 17 Display Boards 286
31 18 Scope of work for ground mounted solar plant 287
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
The proposed projects shall be commissioned as per the technical specifications given below.
Any shortcomings will lead to cancelation of subsidy in full or part as decided by REIL &
Competent Authoritys decision will be final and binding on the bidder.
1 DEFINITION
A Grid Tied Solar Rooftop and Ground Mounted Photo Voltaic (SPV) power plant consists of
SPV array, Module Mounting Structure, array Junction Boxes, String Monitoring system, PCU
or Central / String Inverter consisting of Maximum Power Point Tracker (MPPT) with Remote
Monitoring System, DC & AC cables, AC Distribution Board with kwh Meter, switches and
Controls & Protections with earthing and lightening protections. PV Array is mounted on a
suitable structure. Grid tied SPV system is without battery and should be designed with
necessary features to supplement the grid power during day time. Components and parts used
in the SPV power plants including the PV modules, metallic structures, cables, junction box,
switches, Central / String Inverter etc., should conform to the BIS or IEC or international
specifications, wherever such specifications are available and applicable.
Solar PV system shall consist of following equipment/components.
Solar PV modules consisting of required number of Crystalline PV modules.
Grid interactive Power Conditioning Unit with Remote Monitoring System.
Mounting structures.
Junction Boxes.
Earthing and lightening protections.
IR/UV protected PVC Cables, pipes and accessories
I. The rated output power of any supplied module shall have tolerance within +/- 3%.
II. The peak-power point voltage and the peak-power point current of any supplied module and/or
any module string (series connected modules) shall not vary by more than 2 % from the
respective arithmetic means for all modules and/or for all module strings, as the case may be.
III. The module shall be provided with a junction box with either provision of external screw terminal
connection or sealed type and with arrangement for provision of by-pass diode. The box shall
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
have hinged, weather proof lid with captive screws and cable gland entry points or may be of
sealed type and IP-65 rated.
IV. The efficiency of all photovoltaic modules measured at STC shall be minimum 15.20%.
V. Temperature coefficient of power shall be from (-)0.30 %/C to (-)0.43 %/
VI. I-V curves at STC should be provided by bidder.
VII. The glass used to make the crystalline silicon modules shall be toughened low iron glass with
minimum thickness of 3.2 mm for both 72 and 60 cell module. The glass used shall have
transmittance of above 90%.
VIII. The back sheet used in the crystalline silicon based modules shall be of 3 layered structure.
Outer layer of fluoropolymer, middle layer of Polyester (PET) based and Inner layer of
encapsulant primer. The thickness of back sheet should be of minimum 300 microns with water
vapour transmission rate less than 2 g/m2/day. The Back sheet shall have voltage tolerance of
more than 1000 V.
IX. The EVA used for the modules should be of UV resistant in nature. No yellowing of the back
sheet with prolonged exposure shall occur. EVA used for fabrication of modules shall be fresh &
used within the specified shelf life.
X. The sealant used for edge sealing of PV modules shall have excellent moisture ingress
protection with good electrical insulation (Break down voltage >15 kV/mm) and with good
adhesion strength.
XI. The rated output of the modules shall have positive tolerance of +5W and no negative tolerance
is allowed.
XII. Modules should have rugged design to withstand tough environmental conditions and high wind
speeds suitable for site condition.
XIII. Modules shall perform satisfactorily in relative humidity up to 85% and temperature between -
100C and 850C (module temperature).
XIV. PV modules must be warranted for their output peak watt capacity, which should not be less
than 90% of the initial value at the end of 10 years and 80% of the initial value at the end of 25
years.
XV. The modules shall be warranted for minimum of 5 years against all material/ manufacturing
defects and workmanship, starting from date of Operational Acceptance. If the manufacturer
provides it from the date of manufacturing this shall be Contractors responsibility to get the
extended warranty from the manufacturer at its own cost and effort.
h) Solar PV modules
Plants installed in high dust geographies like Rajasthan and Gujarat must have the solar modules
tested with relevant dust standards (Applicable standard would be IEC 60068-
2-68).Modules shall be designed for rugged design to withstand tough environmental conditions &
maximum wind load 2400 Pa and snow load of 5400Pa as per Safety standard IEC 61730
1.1.3 Modules deployed must use a RF identification tag. The following information must be
mentioned in the RFID used on each module. This should be inside the laminate only.
c) Month & year of the manufacture (separate for solar cells and modules)
e) I-V curve for the module Wattage, Im, Vm and FF for the module
i) Other relevant information on traceability of solar cells and module as per ISO 9001 and ISO
14001
1.1.4 Warranties:
a) Material Warranty:
i. Material Warranty is defined as: The manufacturer should warrant the Solar Module(s) to be
free from the defects and/or failures specified below for a period not less than five (05) years
from the date of sale to the original customer ("Customer")
iv. Non conformity to specifications due to faulty manufacturing and/or inspection processes. If the
solar Module(s) fails to conform to this warranty, the manufacturer will repair or replace the solar
module(s), at the Owners sole option
b) Performance Warranty:
i. The predicted electrical degradation of power generated not exceeding 20% of the minimum
rated power over the 25 year period and not more than 10% after ten years period of the full
rated original output.
b) The Mounting structure shall be so designed to withstand the speed for the wind zone of the
location where a PV system is proposed to be installed (like Delhi-wind speed of 150 kM/ hour).
It may be ensured that the design has been certified by a recognized Lab/ Institution in this
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and Tripura Under CAPEX Model
regard and submit wind loading calculation sheet to REIL. Suitable fastening arrangement such
as grouting and calming should be provided to secure the installation against the specific wind
speed.
c) The mounting structure steel shall be as per latest IS 2062: 1992 and galvanization of the mounting
structure shall be in compliance of latest IS 4759.
d) Structural material shall be corrosion resistant and electrolytically compatible with the materials used
in the module frame, its fasteners, nuts and bolts. Aluminium structures also can be used which can
withstand the wind speed of respective wind zone. Protection towards rusting need to be provided
either by coating or anodization.
e) The fasteners used should be made up of stainless steel. The structures shall be designed to allow
easy replacement of any module. The array structure shall be so designed that it will occupy
minimum space without sacrificing the output from the SPV panels
f) Regarding civil structures the bidder need to take care of the load bearing capacity of the roof and
need arrange suitable structures based on the quality of roof.
g) The total load of the structure (when installed with PV modules) on the terrace should be less than
2
60 kg/m .
h) The minimum clearance of the structure between the lower edge of the module and the finished
grade level shall be 500mm for small ground mounted solar power plant and The minimum
clearance of the structure between the lower edge of the module and the roof level should be 900
mm for roof top solar power plant .For multiple module mounting structures located in a single row,
the alignment of all modules shall be within an error limit of maximum 10mm.
i) Contractor will build SS Stairs for proper cleaning of the modules in the case of inclined roof /shade.
1.3 JUNCTION BOXES (JBs) :
a) The junction boxes are to be provided in the PV array for termination of connecting cables. The
J. Boxes (JBs) shall be made of GRP/FRP/Powder Coated Aluminum /cast aluminum alloy with
full dust, water & vermin proof arrangement. All wires/cables must be terminated through cable
lugs. The JBs shall be such that input & output termination can be made through suitable cable
glands.
b) Copper bus bars/terminal blocks housed in the junction box with suitable termination threads
Conforming to IP65 standard and IEC 62208 Hinged door with EPDM rubber gasket to prevent
water entry. Single / double compression cable glands. Provision of earthings. It should be
placed at 5 feet height or above for ease of accessibility.
c) Each Junction Box shall have High quality Suitable capacity Metal Oxide Varistors (MOVs) /
SPDs, suitable Reverse Blocking Diodes. The Junction Boxes shall have suitable arrangement
monitoring and disconnection for each of the groups. In order to provide protection to all cables
and modules, string fuses shall be provided in both positive and negative legs of the string
cabling. String fuses shall be of PV category and dedicated to solar applications and conform to
IEC 60269-6 or UL-2579 standards.
d) The junction box used in the modules shall have protective bypass diodes to prevent hot spots
in case of cell mismatch or shading. The material used for junction box shall be made with UV
resistant material to avoid degradation during module life and the Junction sealing shall comply
IP65 degree of protection.
e) Suitable markings shall be provided on the bus bar for easy identification and the cable ferrules
must be fitted at the cable termination points for identification.
f) All fuses shall have DIN rail mountable fuse holders and shall be housed in thermoplastic IP 65
enclosures with transparent covers.
g) All internal wiring shall be carried out with 1100V grade stranded copper wires.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
1.4 DC DISTRIBUTION BOARD:
a) AC Distribution Panel Board (DPB) shall control the AC power from PCU/ inverter, and should
have necessary surge arrestors. Interconnection from ACDB to mains at LT Bus bar while in
grid tied mode.
b) All switches and the circuit breakers, connectors should conform to IEC 60947, part I, II and III/
IS60947 part I, II and III.
c) The changeover switches, cabling work should be undertaken by the bidder as part of the
project.
d) All the Panels shall be metal clad, totally enclosed, rigid, floor mounted, air - insulated, cubical
type suitable for operation on three phase / single phase, 415 or 230 volts, 50 Hz
e) The panels shall be designed for minimum expected ambient temperature of 45 degree Celsius,
80 percent humidity and dusty weather.
f) All indoor panels will have protection of IP54 or better. All outdoor panels will have protection of
IP65 or better.
g) Should conform to Indian Electricity Act and rules (till last amendment).
h) All the 415 AC or 230 volts devices / equipment like bus support insulators, circuit breakers,
SPDs, VTs etc., mounted inside the switchgear shall be suitable for continuous operation and
satisfactory performance under the following supply conditions
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
c) Maximum power point tracker shall be integrated in the PCU/inverter to maximize energy
drawn from the array. The MPPT unit shall confirm to IEC 62093 for design qualification.
As SPV array produce direct current electricity, it is necessary to convert this direct
current into alternating current and adjust the voltage levels to match the grid voltage.
Conversion shall be achieved using an electronic Inverter and the associated control and
protection devices. All these components of the system are termed the PCU or
Central/String Inverter . In addition, the PCU/Central/String shall also house MPPT
(Maximum Power Point Tracker), an interface between Solar PV array & the Inverter, to
the power conditioning unit/inverter should also be DG set interactive. If necessary.
Inverter output should be compatible with the grid frequency. Typical technical features
of the inverter shall be as follows:
Output frequency 50 Hz
Grid Frequency Synchronization range +/- 3 Hz
Ambient temperature considered -20o C to 50o C
Humidity 95 % Non-condensing
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
Inverter efficiency (minimum) > 90% (In case of less than 10 kW)
a) Three phase Central/String inverter shall be used with each power plant system (10kW and/or
above) but in case of less than 10kW single phase inverter can be used.
b) The PCU must have the feature to work in tandem with other similar PCU's and be able to be
successively switched "ON" and "OFF" automatically based on solar radiation variations during
the day. Inverters must operate in synergy and intelligently to optimize the generation at all
times with minimum losses.
c) The PCU/ Inverter must have minimum of DC input capacity .The PCU shall be capable of
controlling power factor dynamically.
d) Central/String inverter shall be capable of complete automatic operation including wake-up,
synchronization & shutdown.
e) The output of power factor of Central/String inverter is suitable for all voltage ranges or sink of
reactive power, inverter should have internal protection arrangement against any sustainable
fault in feeder line and against the lightning on feeder.
f) Built-in meter and data logger to monitor plant performance through external computer shall be
provided.
g) Anti-islanding (Protection against Islanding of grid): The Central/String shall have anti islanding
protection in conformity to IEEE 1547/UL 1741/ IEC 62116 or equivalent BIS standard.
h) Successful Bidders shall be responsible for galvanic isolation of solar roof top power plant
(>100kW) with electrical grid or LT panel.
i) In PCU/Inverter, there shall be a direct current isolation provided at the output by means of a
suitable isolating transformer. If Isolation Transformer is not incorporated with Central/String
Inverter, there shall be a separate Isolation Transformer of suitable rating provided at the output
side of PCU/PCU units for capacity more than 100 kW.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
j) The Central/String inverter generated harmonics, flicker, DC injection limits, Voltage Range,
Frequency Range and Anti-Islanding measures at the point of connection to the utility services
should follow the latest CEA (Technical Standards for Connectivity Distribution Generation
Resources) Guidelines.
k) The power conditioning units / inverters should comply with applicable IEC/ equivalent BIS
standard for efficiency measurements and environmental tests as per standard codes IEC
61683/IS 61683 and IEC 60068-2 (1,2,14,30)/ Equivalent BIS Std.
l) The MPPT units environmental testing should qualify IEC 60068-2 (1, 2, 14, 30)/ Equivalent BIS
std. The junction boxes/ enclosures should be IP 65 (for outdoor)/ IP 54 (indoor) and as per IEC
529 specifications.
m) The PCU or Central/String inverters should be tested from the MNRE approved test centres/
NABL/ BIS/ IEC accredited testing- calibration laboratories. In case of imported power
conditioning units, these should be approved by international test houses.
As a part of weather monitoring system, Contractor shall provide the following measuring
instrument with all necessary software and hardware required to integrate with SCADA for each
site which has more than 25 KW power plants.
1.8.1 Pyranometer/ Solar cell based irradiation sensor.
(i) Contractor shall provide suitable number of pyranometers / Solar
cell based irradiation sensor for measuring the incidental solar
radiation at horizontal and inclined plane of arrayaccording to the
size of plant
(ii) Each instrument shall be supplied with necessary cables. Calibration
certificate with calibration traceability to World Radiation Reference
(WRR) or World Radiation Centre (WRC) shall be furnished along
with the equipment. The signal cable length shall not exceed 20m.
Contractor shall provide Instrument manual in hard and soft form.
1.8.2 Thermometer
Contractor shall provide minimum two thermometers (one for ambient temperature
measurement with shielding case and other for module temperature measurement). The
thermometers shall be RTD/ semiconductor type measuring instrument. Instrument shall have
arrange of 0oC to 80oC.The instrument shall have valid calibration certificate.
1.8.3 Anemometer
Contractor shall provide minimum one no. anemometer with wind vane of rotating cup
type
Details Values
Velocity range with accuracy 0.11m/s upto10.1 m/s
limit 1.1% of true when more than10.1 m/s
o o
Wind direction range with 0 to 360 with accuracy 4
accuracy limit
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
1.9 Civil Work :
All associated civil works, including Design, Procurement & Supply and Erection of the rooftop
and small ground mounted solar power plant, in all respect for:
1.9.1 Earthwork for Site grading, cutting, filling, levelling & compacting in requisite project land as
required for development of small ground mounted Solar PV Power Plant.
1.9.2 Land development to make the topography of the land generally flat & carrying out Geo-
technical & Chemical study of soil for designing of foundation of Module Mounting & other civil
structures forSmall Ground Mounted Solar Power Plant . Soil test report shall be carried out by
approved laboratory recommended by REIL.
1.9.3 Construction of module mounting structure foundations, transformer if required and other power
equipment foundations, cable trenches for cable routing and earthing pits.
1.9.4 Construction of perimeter fencing of Solar PV (SPV) Project with security gate (s)for small
ground mounted .
1.9.5 Construction of Equipment room cum Control room etc.
1.9.6 Arrangement of permanent water supply infrastructure for module washing and daily usage.
1.9.7 Construction of water drainage & sewage network for small ground mounted power plant.
1.9.8 Construction of road network within Plant for easy access & transportation of equipment up to
Plant locations only for small ground mounted power plant.
The output power from SPV would be fed to the inverters which converts DC produced by SPV
array to AC and feeds it into the main electricity grid after synchronization. In case of grid failure,
or low or high voltage, solar PV system shall be out of synchronization and shall be
disconnected from the grid. Once the DG set comes into service, PV system shall again be
synchronized with DG supply and load requirement would be met to the extent of availability of
power. 4 pole isolation of inverter output with respect to the grid/ DG power connection need to
be provided. In case of synchronization with DG, 60% loading shall be borne by DG. Earth fault
protection must be provided for all the installation.
PCU front panel shall be provided with display (LCD or equivalent)
i. Data Acquisition System shall be provided for each of the solar PV plant.
ii. Data Logging Provision for plant control and monitoring, time and date stamped system data
logs for analysis with the high quality, suitable PC. Metering and Instrumentation for display of
systems parameters and status indication to be provided.
iii. Solar Irradiance: An integrating Pyranometer / Solar cell based irradiation sensor (along with
calibration certificate) provided, with the sensor mounted in the plane of the array. Readout
integrated with data logging system.
iv. Temperature: Temperature probes for recording the Solar panel temperature and/or ambient
temperature to be provided complete with readouts integrated with the data logging system
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and Tripura Under CAPEX Model
v. The following parameters are accessible via the operating interface display in real time
separately for solar power plant:
a. AC Voltage.
b. AC Output current.
c. Output Power
d. Power factor.
e. DC Input Voltage.
f. DC Input Current.
g. Time Active.
h. Time disabled.
i. Time Idle.
j. Power produced
k. Protective function limits (Viz-AC Over voltage, AC Under voltage, Over
frequency, Under frequency ground fault, PV starting voltage, PV stopping
voltage.
vi. All major parameters available on the digital bus and logging facility for energy auditing
through the internal microprocessor and read on the digital front panel at any time) and
logging facility (the current values, previous values for up to a month and the average
values) should be made available for energy auditing through the internal
microprocessor and should be read on the digital front panel.
vii. PV array energy production: Digital Energy Meters to log the actual value of AC/ DC
voltage, Current & Energy generated by the PV system provided. Energy meter along
with CT/PT should be of 0.5 accuracy class.
viii. Computerized DC String/Array monitoring and AC output monitoring shall be provided as
part of the inverter and/or string/array combiner box or separately.
ix. String and array DC Voltage, Current and Power, Inverter AC output voltage and current
(All 3 phases and lines), AC power (Active, Reactive and Apparent), Power Factor and
AC energy (All 3 phases and cumulative) and frequency shall be monitored.
x. Computerized AC energy monitoring shall be in addition to the digital AC energy meter.
xi. The data shall be recorded in a common work sheet chronologically date wise. The data
file shall be MS Excel compatible. The data shall be represented in both tabular and
graphical form.
xii. All instantaneous data shall be shown on the computer screen.
xiii. Software shall be provided for USB download and analysis of DC and AC parametric
data for individual plant.
xiv. Provision for instantaneous Internet monitoring and download of historical data shall be
also incorporated.
xv. Remote Server and Software for centralized Internet monitoring system shall be also
provided for download and analysis of cumulative data of all the plants and the data of
the solar radiation and temperature monitoring system.
xvi. Ambient / Solar PV module back surface temperature shall be also monitored on
continuous basis.
xvii. Simultaneous monitoring of DC and AC electrical voltage, current, power, energy and
other data of the plant for correlation with solar and environment data shall be provided.
xviii. Remote Monitoring and data acquisition through Remote Monitoring System software at
the owner / REIL location with latest software/hardware configuration and service
connectivity for online / real time data monitoring / control complete to be supplied and
operation and maintenance / control to be ensured by the bidder.
xix. The bidders shall be obligated to push real-time plant monitoring data on a specified
intervals (say 15 minute) through open protocol at receiver location (cloud server) in
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
XML/JSON format, preferably. Suitable provision in this regard will be intimated to the
bidders.
4. TRANSFORMER IF REQUIRED & METERING:
a) Dry/oil type relevant kVA, 11kV/415V, 50 Hz Step up along with all protections, switchgears,
Vacuum circuit breakers, cables etc. along with required civil work.
b) The bidirectional electronic energy meter (ABT Meter ) (0.5 S class) shall be installed for the
measurement of import/Export of energy.
c) The bidder must take approval/NOC from the Concerned DISCOM for the connectivity, technical
feasibility, and synchronization of SPV plant with distribution network and submit the same to
ONGC/REIL before commissioning of SPV plant.
d) Reverse power relay shall be provided by bidder (if necessary), as per the local DISCOM
requirement.
5. POWER CONSUMPTION:
Regarding the generated power consumption, priority need tobe given for internal consumption
first and thereafter any excess power can be exported to grid. Finalization of tariff is not under
the purview of REIL or MNRE. Decisions of appropriate authority like DISCOM, state regulator
may be followed.
6. PROTECTIONS
The system should be provided with all necessary protections like earthing, Lightning, and grid
islanding as follows:
The SPV power plants shall be provided with lightning &overvoltage protection. The main aim in
this protection shall be to reduce the over voltage to a tolerable value before it reaches the PV
or other sub system components. The source of over voltage can be lightning, atmosphere
disturbances etc. The entire space occupying the SPV array shall be suitably protected against
Lightning by deploying required number of Lightning Arrestors.
Necessary foundation / anchoring for holding the lightning conductor in position to be made after
giving due consideration to shadow on PV array, maximum wind speed and maintenance
requirement at site in future.
The lightning conductor shall be earthed through flats and connected to the earth mats as per
applicable Indian Standards with earth pits.Minimum two earth pits shall be provided for each
lightening arrestor.
Lightning protection should be provided as per NFC 17-102:2011 standard. The protection
against induced high-voltages shall be provided by the use of metal oxide varistors (MOVs) and
suitable earthing such that induced transients find an alternate route to earth.
a) In the event of a power failure on the electric grid, it is required that any independent
power-producing inverters attached to the grid turn off in a short period of time. This
prevents the DC-to-AC inverters from continuing to feed power into small sections of the
grid, known as Islands. Powered Islands present a risk to workers who may expect the
area to be unpowered, and they may also damage grid-tied equipment. The Rooftop PV
system shall be equipped with islanding protection. In addition to disconnection from the
grid (due to islanding protection) disconnection due to under and over voltage conditions
shall also be provided.. Inverter must comply IEC 61727 &/ VDE 026.
7. CABLES
Cables of appropriate size to be used in the system shall have the following characteristics:
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
xv. All cables and connectors for use for installation of solar field must be of solar grade
which can withstand harsh environment conditions including High temperatures, UV
radiation, rain, humidity, dirt, salt, burial and attack by moss and microbes for 25 years
and voltages as per latest IEC standards. DC cables used from solar modules to array
junction box shall be solar grade copper (Cu) with XLPO insulation and rated for 1.1kV
as per relevant standards only.
xvi. The ratings given are approximate. Bidder to indicate size and length as per system
design requirement. All the cables required for the plant shall be provided by the bidder.
Any change in cabling sizes if desired by the bidder shall be approved after citing
appropriate reasons. All cable schedules/ layout drawings shall be approved prior to
installation.
xvii. Multi Strand, Annealed high conductivity copper conductor PVC type A pressure
extruded insulation or XLPE insulation. Overall PVC/XLPE insulation for UV protection
Armoured cable for underground laying. All cable trays including covers to be provided.
All cablesconform to latest edition of IEC/ equivalent BIS Standards as specified below:
BoS item / component Standard Description Standard Number Cables General Test and
Measuring Methods, PVC/XLPE insulated cables for working Voltage up to and including
1100 V, UV resistant for outdoor installation IS /IEC 69947.
xviii. The total voltage drop on the cable segments from the solar PV modules to the solar grid
inverter shall not exceed 2.0%.
xix. The total voltage drop on the cable segments from the solar grid inverter to the building
distribution board shall not exceed 2.0%.
8. CONNECTIVITY
The maximum capacity for interconnection with the grid at a specific voltage level shall be as
specified in the Distribution Code/Supply Code of the State and amended from time to time.
Following criteria have been suggested for selection of voltage level in the distribution system
for ready reference of the solar suppliers.
a) The maximum permissible capacity for rooftop shall be 1 MW for a single net metering point.
b) Utilities may have voltage levels other than above, DISCOMS may be consulted before
finalization of the voltage level and specification be made accordingly.
c) For large PV system (Above 100 kW) for commercial installation having large load, the solar
power can be generated at low voltage levels and stepped up to 11 kV level through the step up
transformer. The transformers and associated switchgear would require to be provided by the
SPV bidders.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
d) Installation should comply IEC 60364.
e) Contractor shall provide two pole structures with gang operated isolator in case of requirement
near the connection point with power transformer.
f) Applicable Standards: The materials shall conform in all respects to the relevant Indian
Standard Specifications/ IEC Standards, with latest amendments indicated below:
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GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
a) After completion of installation & commissioning of the power plant, necessary tools & tackles
are to be provided free of cost by the bidder for maintenance purpose. List of tools and tackles
to be supplied by the bidder for approval of specifications and make from REIL/ owner.
b) A list of requisite spares in case of PCU/inverter comprising of a set of control logic cards, IGBT
driver cards etc. Junction Boxes. Fuses, MOVs / arrestors, MCCBs etc along with spare set of
PV modules be indicated, which shall be supplied along with the equipment. A minimum set of
spares shall be maintained in the plant itself for the entire period of warranty and Operation &
Maintenance which upon its use shall be replenished.
The firefighting system for the proposed power plant for fire protection shall be consisting of:
a) Portable fire extinguishers in the control room for fire caused by electrical short circuits
c) The installation of Fire Extinguishers should confirm to TAC regulations and BIS standards. The
fire extinguishers shall be provided in the control room housing PCUs as well as on the Roof or
site where the PV arrays have been installed.
a) Two sets of Engineering, electrical drawings and Installation and O&M manuals are to be
supplied. Bidders shall provide complete technical data sheets for each equipment giving details
of the specifications along with make/makes in their bid along with basic design of the power
plant and power evacuation, synchronization along with protection equipment.
b) Approved ISI and reputed makes for equipment be used.
c) For complete electro-mechanical works, bidders shall supply complete design, details and
drawings for approval to ONGC/REIL before progressing with the installation work
a) The bidder should carry out Shadow Analysis at the site and accordingly design strings & arrays
layout considering optimal usage of space, material and labour. The bidder should submit the
array layout drawings along with Shadow Analysis Report toONGC/REIL for approval.
b) ONGC reserves the right to modify the landscaping design, Layout and specification of sub-
systems and components at any stage as per local site conditions/requirements.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 285 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
c) The bidder shall submit preliminary drawing for approval & based on any modification or
recommendation, if any. The bidder submit three sets and soft copy in CD of final drawing for
formal approval to proceed with construction work.
b) The Contractor shall furnish the following drawings Award/Intent and obtain approval
d) Schematic drawing showing the requirement of SV panel, Power conditioning Unit(s)/ inverter,
Junction Boxes, AC and DC Distribution Boards, meters etc.
f) Itemized bill of material for complete SV plant covering all the components and associated
accessories.
15. SOLAR PV SYSTEM ON THE ROOFTOP AND SURPLUS LAND FOR MEETING THE
ANNUALENERGY REQUIREMENT
The Solar PV system on the rooftop of the selected buildings will be installed for meeting up to
90% of the annual energy requirements or as per prevailing policy in the state, depending upon
the area of rooftop available and the remaining energy requirement of the office buildings will be
met by drawing power from grid at commercial tariff of DISCOMs.
The bidder shall take entire responsibility for electrical safety of the installation(s) including
connectivity with the grid and follow all the safety rules & regulations applicable as per Electricity
Act, 2003 and CEA guidelines etc.
a. Plant Name, Capacity, Location, estimated Power generation and Date of commissioning
b. Financial Assistance details from REIL/MNRE/Any other financial institution apart from loan.
This information shall not be limited to project site but also be displayed at site offices/head
quarter offices of the successful bidder
c. The size and type of board and display shall be approved by Engineer-in-charge before site
inspection.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
18. SCOPEOF WORK FORGROUND MOUNTEDSOLAR PV PLANTS:
In continuation to the scope of work in the NIT the general scope of work for the ground
mounted solar PV power plant involves Engineering, Procurement, Supply and Construction
(EPC), commissioning and evacuation of power into the control room of ONGCs as per clause
8 ( Connectivity ) above is given below .
18.1 Evacuation of Power & Metering Point:
The evacuation voltage shall be at 11/33/66 kV AC (three phase) wherein evacuating point cum
metering point shall be installed at 11/33/66 kV interconnection point within the boundary of
solar plant. From point of interconnection onwards upto 11/33/66 kV control room of the
ONGCs unit, the ccontractor shall carry out all necessary arrangement to evacuate power
supply. ABT meter to measure net power evacuation shall be installed at 11/33/66 kV
interconnection point near solar PV plant boundary.
The Company encourages Bidders to employ proven and reliable seasonal tracking system,
however the Bidder should note that suitable land available for the Project. The Bidder shall
submit in the Bid, the details / specifications / designs / guarantees and warrantees / and any
other claims on performance / output of the solar tracking solutions, if it is provided by the
Bidder, in the Bid document.
Consisting of installation of solar PV modules (IEC 61215, IEC 61730), junction boxes (IP-65
min.), grid-tied inverters, power transformers (IS 2026), instrument transformers (IS 2705 for CT,
IS 3156 for PT) meters, control panel, 11/33/66 kV switchgear, underground cables for
evacuation (IS 7098-II)., interconnection through wires, cables, bus bars, etc.; plant lighting
system, automatic weather station, SCADA and remote web-based communication & monitoring
hardware, software etc compatible with rooftop solar plants monitoring system in the premises.;
plant and human safety and protection equipment including danger signs etc; Auxiliary Supply
as per standards.
Necessary UPS shall be provided by the contractor for PCU and local control room auxiliaries.
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SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
18.4.1 Module Mounting Structures (MMS): The Contractor shall design, fabricate, supply and
install HDGI (hot dip galvanised iron) module mounting structures with all required accessories
like clamps, fasteners (SS304), cable ties etc., The structures can be of fixed/ seasonal tracker
are accepted.
18.4.2 Foundations: The Contractor shall design and construct appropriate civil foundations for MMS,
prefabricated structures/RCC, transformers etc. as per relevant standard and shall be submitted
for approval from ONGC/ REIL. For backfilling of foundation excavated soil is not allowed.
18.4.3 RCC Structures: The following RCC structures are to be planned and constructed by the
Contractor for the Solar PV project as per requirement.
i. RCC Control room cum with Toilet and Pantry 01 Nos.:RCC frame structureshall have
adequate size of footing, pedestal columns, plinth beam, grade slab with reinforcement as
per relevant IS specifications considering seismic zone, wind and soil detail etc. The exterior
walls of Control Room shall be provided with 12mm plaster and an exterior cladding of
Aluminum Composite Panels (ACP).
ii. Flooring of Inverter Rooms shall be provided with finished Kotah /Vitrified /Ceramic tile
flooring and 100 mm skirting of same tiles. Interior part of walls shall be applied with 12mm
plaster above which two (2) coats of putty and two (2) coats of distemper paint have to be
applied.
iii. The plinth of the RCC Control room cum conference room shall be minimum 450mm high
from the formation level of the plant. Plinth protection shall be given throughout the
perimeter of width 1.2 m with rough Kotah on its top. Also. Termite proofing is required
before preparation of grade slab. Terrace water proofing treatment by brick bat coba
overlaid with china mosaic.
iv. Doors and windows shall be made of aluminum sections. All sections shall be 20 microns
anodized. Sections of door-frames and window frame shall be of 1.2mm thick of Jindal,
Tata or make approved by client. Door shutters shall be made of aluminum sections and
combination of compact sheet and clear float/ wired glass. The control room shall require a
sufficient number of windows/ louvers to provide ventilation/ fresh air circulations. All
fixtures like door closure, handles, locks, stoppers for doors and windows shall be of Dorma/
Kich /Godrej make. All windows of conference room shall be covered by roller blind
curtains.
v. Drainage for Toilets: Drainage pipes shall be of PVC (6 kg/cm2) Supreme, Prince or
equivalent make. Gully trap, inspection chambers, septic tank for 5 person separate for
control room and also soak well to be constructed for above mentioned requirement.
18.4.4 Storm Water Drainage System: The Contractor shall provide storm water drainage system for
entire plant and connect it with existing storm water drainage system.
18.4.5 Solar PV Module Cleaning System: The Contractor shall plan for one wash of all solar PV
modules on weekly basis. For this, the Contractor shall construct and operate suitable litre
capacity RCC/ Sintex water tank.
18.4.6 Approach / Internal Roads and Pathways: The Contractor shall provide internal roads of
asphalt type for the plant site as per latest MORTH specification.
18.4.7 Cable Trenches: Construction of RCC cable trenches with cable trays and covers in inverter
and control rooms, earthen excavated cable trench with alternate layers of sand and brick as
per relevant IS from PV arrays to inverter room to 11/33/66 KV central control room shall be
provided by the Contractor.
NIT FOR IMPLEMENTATION OF 15 MW NIT No.: REIL/BID/RTS(C)/2017- Page 288 of 289 Signature of Bidder
GRID CONNECTED ROOF TOP AND SMALL 18/003
SOLAR POWER PLANTS PRORAMME
NIT for Implementation of 15 MW Grid Connected Roof Top and Small Solar power
Plants Programme for ONGC Buildings in the State of Gujarat,Uttarakhand, Assam
and Tripura Under CAPEX Model
18.4.8 Site levelling: The Contractor shall level the site, as required, so as to compact the plant in
minimum possible area and also minimize shading losses because of solar PV module
structures. Site is almost very flat and suitable for the solar plant.
18.4.9 Soil Test:The Company has provided soil test report, which is meant to indicate kind of soil
condition site, may have and Contractor shall treat it accordingly. Contractor is advised to and is
solely responsible to carry out detailed Geotechnical investigation to ascertain soil parameters
of the proposed site for the planning / designing / construction / providing guarantee / warranty
of all civil work including but not limited to foundations / piling for module mounting structures,
HT lines, 11/33/66 kV switchgear equipment etc. The Contractor shall carry out soil
investigation through Government approved / NABL certified soil consultant. These reports shall
be furnished to the Company and REIL prior to commencing work. All RCC works shall be
provided of required grade of concrete as per relevant IS specifications as well as based on soil
data considering appropriate earthquake seismic zone, wind velocity, whether effect, soil
characteristics etc.