oil and natural gas corporation limited...

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OOIILL AANNDD NNAATTUURRAALL GGAASS CCOORRPPOORRAATTIIOONN LLIIMMIITTEEDD HHAAZZIIRRAA PPLLAANNTT,, SSUURRAATT

GGUUJJAARRAATT,, IINNDDIIAA.. TTeell:: ((00226611)) -- 22887755889900//22887755889966 FFaaxx:: ((00226611)) -- 22887755557777

Bidding document

NAME OF WORK: - �Development of Green Belt at AGPF area in ONGC Hazira

Plant Surat�

TENDER NO.: 8C52C13011

Open Tender-Two Bid System percentage rate tender

STANDARD TERMS & CONDITIONS FOR CIVIL ENGINEERING WORKS.

M/S. ________________________________

________________________________ VENDER NO.: ISSUED BY:

Free tenders for Garden Maintenance by Oil And Natural Gas Corporation Limited-3409131633

http://tenders.indiamart.com/

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Sl. No. DESCRIPTION Page No. 01 Covering Letter 3

02 Notice Inviting Tender 4-8

PART-A 9

03 Instructions to Bidders (ITB) 10-29

04 Appendix-1- Bid Submission Proforma 30

05 Appendix-2- Proforma of Bank Guarantee towards Bid Bond/EMD

31-33

06 Appendix-3- Proforma of Authorization Letter for attending Tender Opening

34

07 Appendix-4-Profarma of Certificate on Relatives of Directors of ONGC

35

08 Appendix-5-Proforma tender letter 36-39

09 Appendix-6-Proforma for no deviation 40

10 Appendix-7-Proforma for letter of authority 41

12 Appendix-8-Proforma of acknowledgement letter for reciept of bidding document

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PART-B 43

12 Essential Qualifying Criteria and Rejection Criteria 44-48

13 Appendix-A-1-Bid Matrix 49-56

PART-C 57 14 General Condition of the Contract (GCC) 58-115

15 Appendix-1-Proforma of Agreement 116-117

16 Appendix-2-Proforma of Bank Guarantee for Security Deposit/Performance Guarantee

118-120

17 Appendix-3-Proforma for indemnity bond 121-122

18 Appendix-4-Mandate form for ECC 123

19 Appendix-5-Profarma parent co Guarantee 124-126

20 Appendix-6 � Proforma �PFD� 127-128

21 Appendix-7-Form � 6A 129-130

22 Appendix-8- Form - 12 131-132

23 Appendix -9 133

Part-D 134

23 Special Conditions of the contract, Technical Specification & Scope of Work (SCC)

135-148

24 Additional condition 149-158

PART-E 159

25 Specification 160-161

26 Schedule of Rates (SOR)-Price Format 162-168

PART-F 169

27 Safety manual 170-234



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COVERING LETTER To: M/s _______________________ _______________________ _______________________ Dear Sir, Sealed Tenders are invited on Two Bid System on percentage rate tender for titled work as mentioned below. 1. Tender No. : 8C52C13011 2. Title of the Job : Development of Green Belt at AGPF area

in ONGC Hazira Plant Surat 3. Tender Fee : Rs.200/- 4. Estimated Cost Put to Tender : Rs. 19,68,381.00 5. EMD Amount : Rs 39,370.00/- in the form of DD or BG in favour of ONGC - Hazira payable at Surat. 6. Sale period of Tender Document : From 09/04/2013 to 29/04/2013

(From 11hrs to 17hrs)

7. Closing date & time of sale of tender document: 29/04/2013 (up to 17:00 Hrs.) 8. Deadline for Submission of Tender : 09/05/2013 (up to 16.00Hrs) 9. Date & Time of Opening of Tender : 09/05/2013 at 17.00Hrs. The Bid will be governed by the Clauses in the Tender document. Offers sent without EMD in the prescribed manner shall not be considered for evaluation. ONGC reserves the right to accept/reject any or all the offers at its discretion without assigning any reason.

DGM (Civil)



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No.HZR/ES/Civil/Green belt/II(1)/12-13 Date: 02.04.2013 NOTICE INVITING TENDER

Oil and Natural Gas Corporation, Engineering Services Hazira Plant, Surat -394518 invites sealed bids under Domestic Competitive Bidding in Two Bid System under Item rate basis for the work of �Development of Green Belt at AGPF area in ONGC Hazira Plant Surat� Salient Features of the Tender are as under:

1 Tender No. 8C52C13011

2 Brief Description Development of Green Belt at AGPF area in ONGC Hazira Plant Surat

3 Type of Tender Open tender-two bid system percentage rate tender

4 Estimated cost put to Tender

Rs 19,68,381.00

5 Tender Fee Rs 200.00 (Rupees two hundred only) in form of Cross & A/c Payee Demand Draft / Pay Order/IPO from Bank/Post office in favour of ONGC payable at Surat.

5 Sale of Tender Document 09/04/2013 to 29/04/2013 (Between 11.00 Hrs to 17:00 Hrs.)

6 Place for Receiving and Submission of Bid:

Office of DGM (Civil), Engineering Services, ONGC Hazira Plant, ONGC , Surat-394518, Receiving officers: Shri D.K.Parekh, SE (Civil), Mob. No. 09427504654, Ph No. 0261-2875898, Reserve Officer: Shri J Vamsheedhar, AEE (Civil), Mob No 09427504767, Ph No 0261-2875886

7 Closing date and time of sale of Tender Document

29/04/2013 (up to 17:00 Hrs.)

8 Deadline for Tender Submission

09/05/2013 (upto 16:00 Hrs.)

9 Date and Time for opening of Techno-commercial (un-priced bid)

09/05/2013 at 17:00 hrs.

10 Earnest Money Deposit (EMD) in INR

Rs 39,370.00 (Rupees Thirty Nine Thousand Three Hundred and Seventy only) - in the form of DD or BG in favour of ONGC - Hazira payable at Surat.

11 Completion Time 16 (Sixteen) months from 15th day of notification of award of work. The total period of 16 months includes 12 months (fixed) for maintenance period which shall commence immediately after the actual completion of



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the development phase. 12 Site location ONGC, Hazira Plant, Surat

13 Place of issuing of

bids Office of DGM (Civil) ,Civil section, Engineering Services, ONGC Hazira Plant, Surat-394518

14 Name of the tender issuing officer

Shri D.K.Parekh, SE (Civil), Mob. No. 09427504654, Ph No. 0261-2875898, Reserve Officer: Shri J Vamsheedhar, AEE (Civil), Mob No 09427504767, Ph No 0261-2875886

15 Place for submission of bids

Tender Box kept in Civil section, ONGC, Hazira Plant, Surat 394518

16 Others In case tender document downloaded from ONGC Web site http://tenders.ongc.co.in, bidder must submit letter (in original) / copy of FAX / E-mail, indicating RFQ no. issued by ONGC after payment of requisite tender fee.

Prerequisites for issue of tender document: 1. Bidding document will be issued only to such bidder who submits an undertaking

in writing that he fulfills BEC criteria mentioned below & submit the required tender fees mentioned above.

2 Complete tender document in PDF in format is uploaded on ONGC�s tender website http://tenders.ongc.co.in. Intending bidders can download the tender document within the time specified for the sale of tender documents and use the same for participating in the tender. But the bidders downloading the tender document from the Website should ensure to submit required tender fee so as to reach the tender inviting work centre DGM (civil), Civil Section, ONGC, Hazira Plant, Surat) before the time & date line deadline specified for sale of tender in the Notice Inviting Tender along with undertaking in writing that he full fills BEC criterion mentioned in NIT & tender document which will be acknowledged by ONGC, by issuing Request for Quotation (RFQ) number specific to the tender in person or through Fax or e-mail. The Intending bidder must provide their complete address in the confirmation letter along with name, phone number, Mobile number, Fax number & e-mail address of the contact person). ONGC will not be responsible for any delay.

3. The bidding document is non transferable. The bids can only be submitted in the

name of the Bidder in whose name the bid documents were issued by ONGC & signed by bidder himself or his partner or authorized person with authority letter.

4. EMD

Bidder must submit Pay order/Bank draft or original bank Guarantee in lieu thereof for Rs 39,370.00 (Rupees Thirty Nine Thousand Three Hundred and Seventy only) from scheduled / Nationalized Bank towards EMD and shall be strictly as per Clause 6 of Instructions to Bidders (ITB).



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5. Brief scope of work a. Scope of works includes as below as per item specification as mentioned

in Schedule and as per direction of Engineer in charge.

I. Removal of wild growth like bushes and trees, making the ground suitable for tree plantation for an area 75000 Sqm

II. Excavating holes at a spacing of 3 m c/c

III. Supply of plants at site and plantation for 9207 saplings

IV. Refilling the hole with earth and manure in the ratio of 2:1 respectively

V. Providing bamboo and fixing vertically to protect the plant from bending.

VI. Hiring water tanker along with pump sets for 30 days for watering the plants during development phase

VII. Watering the plants for 9 months during maintenance phase by hiring & operating water tanker including loading and unloading of water from nearby source provided by ONGC.

VIII. Maintenance of green belt including plants inside AGPF ONGC Hazira Plant. Maintenance convers replacing dead plants of same size as existing ones, manure and all labour, tool, all incidentals etc. The survival rate should be 100% of total saplings al all times.

b. Engineer-in-charge reserves the right to execute quantities as per the actual

requirement. c. The contractors are required to visit the site before the submission of tender. d. The contractor shall employ a qualified and required staff at site till the

completion of work and contractor will be answerable for any clarification.

e. It shall be responsibility of the contractor to provide the means of transport, labours, tools tackles, ladders, scaffoldings, etc. at site as per the requirement and no extra claims on this account will be entertained.

f. The contractor shall insure all work and persons during the course of work. ONGC shall not take any responsibility of injury or damage or loss to men or materials employed brought to the site by contractor. The contractor shall arrange for insurance to cover the risks.

6. Time Schedule of Completion:

Time schedule for completion of entire work shall be 16 (Sixteen) months from 15th day of notification of award of work. The total period of 16 months includes 12 months for maintenance period which shall commence immediately after the actual completion of the development phase.

7. Average Annual financial turnover

The bidder�s Average Annual turnover as per Audited Annual Reports for the

last two accounting years should be at least Rs. 10,34,556.00. (Deleted)



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8. Experience Criteria

The bidder must have experience of having successfully completed similar works in the last seven years, ending last day of month previous to the one in which the bids are invited and shall be any of the following:

i) At least three similar completed works each costing not less than the amount of

Rs 7,87,352.00. OR

ii) At least two similar completed works each costing not less than the amount of Rs 9,84,190.00

OR iii) At least one similar completed work costing not less than the amount of

Rs 15,74,704.00.

Similar work means any one or combination of two or more of the following works:

Development of green belt or maintenance of green belt or development of garden or maintenance of garden or landscaping or any horticulture job in any Central or State Government Concerns / bodies (i.e. CPWD / PWD / R&B / Railways / PSUs / Panchayat / Municipal Corporation etc) or public limited companies or private limited companies formed under the Indian Companies Act 1956. The bidders are requested to submit documentary evidence i.e. work order / contract agreement and completion certificate (completion certificate should be against the same work order / contract agreement which is submitted towards work experience) in support of experience as required. All the supporting documents shall be Notary attested.

9. For Service Tax the bidder must be registered with statutory authorities as per service tax rules & must enclose the necessary notarized registration certificate in proof thereof.

10. The bidder must submit copy of Service Tax registeration certificate under service

tax rules duly notorized or notary attested as required at �9� above along with his bid or submit an undertaking for submission of copy of requisite service tax registration certificate along with the first invoice under the contract.

11. Bids not meeting above requirements will not be considered. 12. The bid document shall be sold to the bidders who submit a confirmation in writing

that they meet the above essential qualification requirements.



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13. The bidders who do not possess ONGC vendor code are required to present their request for purchasing of bid papers at least 3 days in advance to enable to get vendor code before last date of issue the tender document.

14. It is to be noted that mere issuance of bidding document to any bidder does not

mean that the bidder is qualified. Bids shall be evaluated strictly as per the conditions of bidding document.

15. Bidder should possess and independent EPF code number allotted by concerned

Employees Provident Fund Commissioner and submit a copy of the same with the techno-commercial bid. However, PF code number is not made a pre-condition by ONGC for participation in bid. In case the successful bidder does not have PF code number, then on receipt of Notice of award / letter of intenet from ONGC, he should immediately apply and obtain PF code number from respective PF Commisioner. An undertaking in this respect for fulfilling the requirement is mandatory and has to be submitted along with the bid on Company�s / Contractor�s Letter Head Pad. A copy of application submitted to the PF authority duly endorsed in PF office for obtaining PF code will have to be sumitted after receipt of LOI / LOA and provide documentary proof of possessing EPF Code Number within 30 days of placement of LOI/NOA

16. Two bid system shall be followed for the tender. Bidders are requested to submit

their �no deviation certificate� (Compliance Certificate as per proforma at Appendix-6 of ITB) along with the bid complete in all respect as per requirement of bidding document.

17. Bids / Offers made without EMD and Compliance Certificate shall be ignored /

rejected straight way. 18. Any delay caused on account of postal transit or otherwise in receipt of the Bid shall

not be considered. 19. ONGC reserves the right to reject any or all Bids so received or cancel the issue of

Bidding documents without assigning any reasons whatsoever. 20. Incase of unscheduled holiday in Hazira Plant, ONGC, Surat being declared on the

prescribed closing / opening day of the Bids, the next working day will be treated as the scheduled prescribed day of closing / opening of the Bids.

21. Address for Correspondence:

Deputy General Manager (Civil), Hazira Plant, ONGC, Surat- 394518. (Tele. No. - 0261-2875885, 2875888), (Mobile No. 9427504795, 9427504026)



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PART-A



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INSTRUCTIONS TO

BIDDERS



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1.0 The brief description of work to be carried out and its scope are given in the �Special Conditions of Contract� of Tender documents. The bidders are advised to visit the site and study all documents/drawings, site locations carefully before tendering and they shall be deemed to have fully acquainted themselves with the same.

2.0 The bidder must obtain for himself on his own responsibility and at his own

expenses all the information which may be necessary for the purpose of making a tender and for entering into a contract and must inspect the site of the work and acquaint himself with all local conditions, working in Operational area, Non-Operational area, the permissions required, timings, safety & security regulations to be adhered to, means of access to the work, nature of the work and all matters pertaining thereto.

2.1 Access to the Site will be given during the tender period by appointment on

application to DGM (Civil), Engineering Services, Hazira Plant, Surat. The bidder shall ascertain the location, size and condition of the areas available for his use as working areas and all other information affecting this Tender.

2.2 The Corporation will not be responsible and will not reimburse any expenses

which may be incurred or losses to person or property suffered by any Bidder in connection with visits to and examination of the site and in the preparation of his tender for submission.

2.3 The bidders should note that information, if any, as regards to the site and local

conditions, as contained in these tender documents has been given merely to assist the bidders and is not deemed to be complete.

2.4 The bidders should note and bear in mind that the Corporation shall bear no

responsibility for the lack of acquaintance of the site and other conditions or any information relating thereto, on their part. The consequences of the lack of any knowledge, as aforesaid, on the part of the bidders shall be at their risk and cost and no charges or claims whatsoever consequent upon the lack of any information, knowledge or understanding shall be entertained or payable by the Corporation.

2.5 The rates quoted in the tender shall include all charges for clearing of site, re-routing overhead electric lines before commencement as well as after completion, de-watering and pumping out water including bailing, hoarding, plant and equipment, storage sheds, watching and lighting, by night as well as day including Sundays and Holidays, safety of plant building and facilities and all other erections, matters or things and the Contractor shall take down and remove any or all such erections/facilities developed by him as occasion shall require or when ordered to do so, and fully reinstate and make good all matters and things disturbed during the execution of work to the satisfaction of the EIC. The rates quoted shall be deemed to be for the finished work to be measured at site. Bidders must include in their rates Custom duty, Excise duty, Works



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Contract Tax, Service Tax, Central Sales Tax/VAT and all other duties, Taxes, Octroi, fees, royalties, Cess(all kind) etc as applicable.

3.0 The Bidders shall before tendering carefully examine the Tender Documents

including these Instructions to Bidders, General Conditions of Contract, Special Conditions of Contract, Specification and other matters referred to therein, the Schedule of Price, and if there should be or appear to be any ambiguity in/or discrepancy between any of these documents or between figured and measured dimensions and other aspects upon the Drawings, he shall immediately refer the matter to the Engineer for clarification. Time is the essence of the contract and the works must be completed within the time schedule as indicated in the Tender Documents.

4.0 The bidder shall strictly follow prescribed format in �PRICE FORMAT� issued by

the Corporation to fill the rates.

Each page of the tender documents including the copies should be signed by the person or persons submitting the tender in token of his/their having acquainted himself/themselves with the General Conditions of Contract, Specifications, and Special Conditions etc, as laid down. Any tender with any page not signed will be rejected. The documents submitted without signature of issuing authority shall also be not entertained / counted for any type of evaluation of bid whether technical/commercial.

The tender submitted on behalf of a firm shall be signed by all the partners of the firm or by a person who has the necessary authority on behalf of the firm to enter into the proposed contract. Otherwise, the Corporation may reject the tender.

Tender shall contain full address, Telephone/Telex/Fax No. for serving notices/addendum required to be served to the Bidder in connection with the Tender.

5.0 i) The Tender Form and the documents attached to it shall not be detached one from the other, and no alteration or mutilation (other than filling in all the blank spaces) shall be made in any of the documents attached hereto. Any alterations or erasures to the entries in the tender documents shall be made by a separate letter; otherwise it will not be entertained. The tender form must be filled in English and all entries must be made by hand and written in ink.

ii) Rates should be quoted both in figures and words in columns specified. All

erasures and alterations made while filling the tender must be attested by initials of the bidder. Over writing of figures is not permitted and failure to comply with either of these conditions will render the tender void at the Corporation�s option. No advice of any change in rate or conditions after the opening of the tender will be entertained.



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iii) a) The rates quoted in words shall be the correct basis and not the rates shown in figures.

b) The rates quoted by the bidder shall be the correct basis and not the

amounts worked out by them. Errors of summation, subtraction, division & multiplication shall be corrected & only corrected values shall be considered. All documents of the tender are to be read in conjunction with each other and rates quoted by the bidder shall take this aspect into consideration.

6.0 Earnest Money Deposit (EMD)

1. EMD shall be acceptable in any of the following forms:

a. Demand Draft / Pay order in favor of ONGC, payable at Surat valid for 90 days from the date of bid closing.

b. Bank Guarantee in the prescribed format as per Appendix-02 of ITB valid

for 30 days beyond the date of required validity of offer. The bank guarantee by domestic bidders will have to be given from the Nationalized / Scheduled Banks, on non-judicial stamp paper as per stamp duty applicable at the place from where the bid has emanated. The non-judicial stamp paper should be in the name of the issuing bank.

2. ONGC shall not be liable to pay any bank charges, commission or interest on

the amount of Bid Security / EMD. 3. The EMD shall be forfeited by ONGC in the following events

a. If the bid is withdrawn during the validity period or any agreed extension

thereof duly agreed by the Bidder.

b. If the bid is varied or modified during the validity or agreed extended validity period duly agreed by the bidder or after closing date of bid submission.

c. If the successful bidder is seeking modifications to the agreed terms and

conditions after closing date of bid submission.

d. If a Bidder, having been notified of the acceptance of its bid, fails to furnish Security Deposit/Performance Security within 15 days notification of such acceptance.

e. Any effort by the bidder to influence the company on bid evaluation, bid

comparison or contract award decision.



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f. Fails or refuses to furnish the Security Deposit/Performance Bank Guarantee (Performance Security) within 30 days before expiry of Bid Security

g. Normally offers received alongwith Fax Bid Bond shall not be considered.

However, ONGC reserves the right to consider the offer, provided it is followed by confirmatory original Bid Bond executed in prescribed proforma and legally operative on or before the date fixed for opening of bids (techno-commercial bid opening date in case of Two Bid System) and received by tender inviting authority within 7 calendar days, after opening date of bids (techno-commercial bid opening date in case of Two Bid System),

If Bidder fails to submit original Bid Bond with the same content as in Fax Bid Bond and in accordance with bidding document, irrespective of their status/ranking in tender, the bid will be rejected and ONGC may consider to debar the Bidder from participating against its future tenders.

4. The EMD of unsuccessful bidders will be returned on finalization of the bid. In

the case of successful bidder, if the EMD has been deposited by way of Demand Draft/Pay order the same shall automatically get converted into Security Deposit. In case EMD by successful bidder has been tendered in the form of Bank Guarantee, same will be returned on receipt of Performance Bank Guarantee.

5. EMD / Bid Bond / Bid Security will not be necessary for tenders from Central

Govt. /Central PSUs/OEMs / Authorized Distributors of OEMs. The firms registered with NSIC will be exempted from furnishing Bid Bond / Bid Security / Earnest money against open and limited tenders, irrespective of monetary limit mentioned in their registration certificate provided they submit evidence that they have a current and valid registration for the item (s) they intend to quote

6. Subject to provision in para 5 above, offers without EMD will be rejected.

7.0 The Bidder (whether or not he submits a tender) shall treat the details of the documents as secret and confidential.

8.0 ONGC reserves the right to reject, accept or prefer any bid and to annul the

bidding process and reject all bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the ground for ONGC�s action. The ONGC also reserves to itself the right to accept any bid in part or split the order between two or more bidders.The Corporation also has the right to re-invite the tender at its sole discretion.



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9.0 BIDDING SYSTEM: 9.1 Two Bid System shall be followed for this tender. The bid shall be submitted only

in the name of bidder who was issued the tender document. The tender papers shall be filled complete in all respects and submitted together with all complete and requisite information. It should be complete and free from any ambiguity, change or interlineations or erasures except those to accord instructions issued by the corporation or as necessary to correct errors made by the bidders, in which case such corrections shall be initialed by the person or persons signing the bid.

9.2 The original Bidding Documents as received by the bidder along-with bidder�s tender as prepared by the bidder in original and all other required appendices, power of attorney of the signatory to the tender, descriptive literature and any other information required to be furnished by the bidder shall be construed to constitute the Tender Document. The unpriced bid (termed as �Unpriced Techno-commercial bid�) shall be submitted in one sealed envelope marked Envelope No.1 with the tender number & closing date and the words �Unpriced Techno-commercial Bid� duly super scribed on it.

Two copies of duly filled in Performa of Schedule of Rates in the prescribe format shall be submitted in a separate sealed envelope marked Envelope No.2. This envelope shall also be marked with tender number and the closing date. The words �Priced Commercial Bid� shall be clearly super scribed on Envelope No.2.

Copy of �Priced Commercial Bid� with price column / figures duly blanked out shall also be submitted in Envelope No.1. The bidder shall provide a tick mark against each item of the Schedule of Rates (Price bid) format to indicate that there is a quote against this item in the �Priced Commercial Bid�. The �Priced Commercial Bid� shall contain only the prices duly filled in as per �Schedule of Rates� Price format [as per Part-E of the bidding document].

Any price quotation indicated in the unpriced techno-commercial bid (envelope-1) shall lead to rejection of bid.

9.3 The above said Envelopes No. 1 and 2 shall, after sealing, be marked

�Confidential� and be placed inside another cloth-lined envelope which, again should be duly sealed and super scribed �TO BE OPENED BY THE ADDRESSEE ONLY- ORIGINAL SET�. This envelope should be addressed to Dy. General Manager (Civil), Engineering Services, ONGC, Hazira and sent to the Oil and Natural Gas Corporation, Hazira Plant, PO: ONGC Nagar- 394 518 Surat (India) by Regd. Post. The tenders will be received as under:

9.3.1 Directly being put in the tender box kept at civil office old MM building ONGC

Hazira Plant



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9.3.2 Receive by ordinary / registered dak by Diary section administrative building ONGC hazira Plant

9.3.3 Hand over personnly to Diary Section at ADM Building or to tender receiving

officer at Civil office old MM building ONGC Hazira in due time as per NIT. 9.4 Bidder�s desiring to obtain a receipt may deposit their bid with the addressee or

tender receiving officer at the above address of the ONGC and obtain such receipt provided the tender is delivered to the ONGC before the closing date and time of the tender.

9.5 The Un priced techno-commercial bid (Envelope No.1) and priced Commercial bid (Envelope No.2) should contain the following:

9.6 All the rates mentioned in figures must also be repeated in words. If there is a

discrepancy between rate expressed in words & figures, the amount expressed in the words shall prevail.

9.7 Errors of summation, subtraction, division & multiplication shall be corrected and

only corrected value shall be considered.

Envelope No.1: Techno-commercial Un priced Bid (Part A,B,C,D & F)

i. Earnest Money deposit (EMD) in prescribed manner. (Bank Guarantee or

Demand Draft in original)

ii. Specific point-wise compliance statement of Bid Evaluation Criteria at part B of bid documents in form of MATRIX duly supported with documentary proof.

iii. Copy of price format at Schedule of Rates (Part E of bidding

document) signed and stamped with prices duly blanked out. The bidder shall provide a tick mark against each item of the Schedule of Rates (Price bid) format to indicate that there is a quote against this item in the �Priced Commercial Bid�.

iv. Certificate of no deviation as per the Appendix � 6 of ITB.

v. Original bid documents as received by the bidder stamped & signed on

each page as acceptance of Terms & Conditions specified therein.

vi. Copies of evidence relating to experience criteira as per clause B.1 of essential qualifying criteria and rejection criteria

vii. Copies of Audited Annual Reports for the last two accounting years as

per clause B.3 of essential qualifying criteria and rejection criteria.



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viii. Descriptive literature of the Bidder�s constitution, experience and past

performance on similar jobs. Please attach documentary evidence in support of past experience etc. as required in the bidding documents.

ix. Technical and other details except price as per Bid document duly filled-

in and signed.

x. Certification in original regarding relationship with Directors of the Corporation in the format provided (Appendix-4 of ITB) in the tender.

xi. Copy of the independent EPF registeration allotted by concerned

Provident Fund commissioner and in case of non availability of EPF registration at the time of bid, the bidder has to submit an undertaking that if bid is successful then on receipt of Notice of awrad / LOI, he will immediately apply and obtain EPF code number from respective PF commissioner.

xii. Service tax registration certificate or undertaking for submission of copy of

requisite service tax registration certificate along with the first invoice.

xiii. Bid Submission proforma as per Appendix � 1 of ITB

xiv. Tender Letter as per the Appendix � 5 of ITB

xv. Any other document(s) required in terms of this bidding document

Envelope No. 2: Priced commercial Bid (Part-E):

This should contain (in duplicate) the duly filled-in Schedule of Rates in the prescribed format in both figures and words (as indicated in the format).

9.8 This envelope should be addressed and sent to DGM (Civil), ONGC, Hazira

Plant, Surat-394518. Tender reference with full name of the work and closing date shall also be shown on this envelope. Bidders desiring to effect hand delivery may arrange to submit tenders sealed as described above, at the Corporation Office in due time during office hours.

9.7 Price bids, which remain unopened with ONGC, will be returned to the

concerned bidders within 5 (five) working days of receipt of Performance Guarantee Bond(s) from the successful bidder(s).

9.8 Telex/Telegraphic/Telefax /Xerox bids will not be accepted.

9.9 ONGC will not be responsible for the loss of tender form or for the delay in

postal transit.



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9.10 Bidder shall sign their tender on each page. Tender shall be duly signed and

sealed by an authorized Officer of the Bidder�s organization and in the case of the Company/ Corporation; the corporate seal shall be affixed on the tender. The original bid should be signed manually by the authorised signatory(ies) of the bidder. The complete bid including the prices must be written by the bidders in indelible ink. Bids and/or prices written in pencil will be rejected

9.11 Bidder shall clearly indicate their legal constitution and the person signing the

tender shall state his capacity and also the source of his Authority to bind the bidder. The proper power of attorney or authorization or any other document constituting adequate proof of the authority of the signatory to bind the bidder, shall be annexed to the tender. The Corporation may reject outright any tender unsupported by adequate proof of the signatory�s authority.

9.12 Corporation reserves the right to seek the revised/adjusted price offer to the

extent and in areas required for evaluation only of such bidder(s) whose technical proposals are acceptable and complete. Corporation�s decision in this regard shall be final & binding on the bidders.

9.13 Any interlineations, erasures or overwriting shall be valid only if they are initialed

by the person or persons signing the bid

9.14 All bidders shall note that if any price quotation is indicated in the Envelop-1 submitted by them, the bid is liable to be rejected

9.15 Bidders are required to use the formats given in Appendices attached to this

section while submitting their bids

9.16 Advice to bidders for avoiding rejection of their offers:

ONGC has to finalise its purchase within a limited time schedule. Therefore, it may not be feasible for ONGC to seek clarifications in respect of incomplete offers.

Prospective bidders are advised to ensure that their bids are complete in all respects and conform to ONGC�s terms, conditions and bid evaluation criteria of the tender. Bids not complying with ONGC�s requirement may be rejected without seeking any clarification.

9.17 Submission of �Bid Matrix� duly filled-in, to re-confirm compliance with tender requirements:

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�, as applicable. Further, against each such confirmation, bidders should also indicate



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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.

9.18 Pre-bid Conference / Amendment to Bidding Documents Deleted 9.19 Contents of Bid Documents

The set of Bid Documents issued for the purpose of bidding includes the

following in addition to Invitation for Bids, together with any amendment thereto issued in accordance with Clause 9.14 below:

Notice Inviting tender, Key information. PART- A, Instructions to Bidders, Appendixes1 to 8. PART-B, Bid Evaluation Criteria, Techno-Commercial Matrix Appendix A-1. PART -C, General Conditions of Contract.Appendixes 1 to 9. PART-D, Special Conditions of Contract, Technical specifications, & Scope of

work PART -E, Schedule of Price, Appendix 1-Cenvet Benefit. PART-F, Safety Manual The bidder is expected to examine the Bidding Documents, including all instructions, forms, terms, specifications, and drawings. Submission of a Bid not fully responsive to the Bidding Documents in every respect is likely to be rejected.

9.20 Amendment of Bid Documents

At any time prior to the deadline for submission of bids, the Corporation shall reserve to itself the right to modify / amend any of the provisions of the bidding documents, without assigning any reason thereof.

Such amendment (s) shall be part of the Bidding Documents and will be notified in writing or by telex or cable or fax to all prospective bidders who have received the Bidding Documents and will be binding on them. Bidders will be required to acknowledge receipt of any such amendment to the Bidding Documents.

In order to afford prospective bidders reasonable time to take the amendment into account in preparing their Bids, the Company may, at its discretion, extend the date for the submission of Bids



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10.0 Only those bidders who quote for Complete Scope of work as described in the

tender documents shall be considered for evaluation. 11.0 Discount

The bidders are advised not to indicate any separate discount. Discount, if any, must 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 is found to be lowest without considering the indicated discount, the �Corporation� shall avail such discount at the time of award of Contract.

12.0 Unless Corporation seeks any clarifications, Bidders shall not make any alteration/ changes in the bid after the closing date and time of the tender. Unsolicited correspondence from Bidders will not be considered.

13.0 The BEC will prevail on all other similar related clause appearing any where in

the Bidding Documents and such clauses are deemed to have been modified to that extent.

14.0 The Corporation under intimation to the Bidders shall decide any other point that

arises at the time of evaluation. 15.0 The successful bidder;

a. Shall have to obtain necessary labour license from the appropriate authority under Contract Labour (Regulation and Abolition) Act, 1970 and Central Rules, 1971 before commencement of the work.

b. Shall have to follow the provisions under Employee�s Provident Fund and Miscellaneous Provision Act, 1952 and Amendments thereof.

16.0 The Bidder / Contractor shall furnish a certificate (as per Appendix-4 of ITB)

stating the following:

For the purpose of Section 297/299 of the Companies Act, 1956 we certify that to the best of our knowledge:

a. I am not a relative of any Director of ONGC.

b. We are not a firm in which a Director of ONGC or his relative is a partner.

c. I am not a partner in a firm in which a Director of ONGC or his relative is a

partner.

d. We are not a private company in which a Director of ONGC is a member or Director.



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e. We are not a company in which Director of ONGC hold more than two percent of the paid up share capital of our company or vice-versa.

17.0 Duties and Taxes

The rates quoted must include but not limited to Custom Duty, Excise Duty, Work Contract Tax, Sales Tax, VAT, Service Tax and all other duties & taxes e.g Octroi, fees, royalties, cess stc, as on te scheduled closing date for submission of bids

Bidders are required to ascertain themselves, the prevailing rates of Customs

and Excise duties and Service tax as applicable on the scheduled date of submission of Price Bids / revised Price Bids (if any) and the Company would nou undertake any responsibility wharsoever in this regard. However, due to any subsequent change in law, liability of the Company as regards to payment of duties and taxes would be governed by General Conditions of Contract on �Subsequent Legislation�

Personnel tax:

The bidder must agree to bear all personnel taxes as may be imposed on his employees and the employees of his sub-contractor, vendor, back up consultants etc. on account of their association with or for performance of work in India

Corporate Tax:

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.

ii) The Contractor shall also be responsible for ensuring compliance with all provisions of direct tax laws of India including, but not limited to the filing of appropriate Returns and shall promptly provide all information required by CORPOARION for discharging any of its responsibility under such laws in relation to or arising out of the CONTRACT.

iii) Tax shall be deducted at source by ONGC from all sums due to an Indian tax resident Contractor on accordance with the provisions of the Income Tax Act 1961 as in force at the relevant point of time.

iv) A non resident contractor i.e. a contractor who is not an Indian Tax resident according to the Indian Income Tax Act 196, has the option of obtain its own either (A) an order u/s 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 execute this option, it should convey the same in writing to ONGC at the time of signing the Contract and an option so executed shall be final and can not be changed during the currency of the Contract. In case an option is so executed, ONGC shall deduct tax at source in accordance with the directions



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contained in the Order u/s 195(3) or the Order u/s 197 as the case may be in force at the point of time when tax is required to be deducted at source.

v) In case the non resident Contractor does not exercise the option in clause (iv) above, an Order u/s 195(2) of the Income Tax Act 1961, for the purpose of deduction of tax at source will be obtained by ONGC from the Deputy Director of Income Tax (International Taxation), Aaykar Bhawan , Subhash Road, Dehradun � 248001, India and tax shall be deducted at source by ONGC as directed in the asid order u/s 195(2)

vi) In case the non resident Contractor does not exercise the option in clause (iv) above, it shall furnish a Tax Residency Certificate (Certificate from the Income tax authorities of the country of which it is a tax resident to the effect that , the Contractor is liable to tax in that country by reason of it being a tax resident under the relevant tax laws of that country within 30 days from entering into the Contract and, in any event at least 30 days before the first invoice is furnished to ONGC

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 te orders u/s 195(3) or 197 or 195(2) as the case may be or at such higher rate as may ne required by section 206AA of Indian Income Tax Act 1961 from time to time.

viii) The employees of such foreign companies/ concern/Joint ventures their SUB-CONTRACTOR and assignees are also required to comply with various Direct tax laws of India as applicable.

ix) For the lapse, 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.

x) Bidder and consortium led by Indian bidder must agree to bear, within the quoted rate, corporate tax which may be levied on them, his consortium / joint venture partner (s), back up consultant and or their sub-contractors etc.

xi) 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.

xii) During the currency of the Contract / Purchase Order, for the income accrued in different financial years, the Contractor/Supplier should submit separate TRCs for each financial year, based on the period for which the foreign income tax authorities issue the TRC as per the financial year followed in the respective country (viz.- the calendar year or the financial year commencing from 1st April to 31st March of succeeding year)



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SERVICE TAX:

1. The bidder will have to pay all Service Tax liability, as applicable except in case of services covered under Notification No. 30/2012-S.T. & 26/2012-S.T. dated 20th June, 2012 under reverse charge and abatement on value of services as per clause No. 8.8 (c) 10 below. In case of services covered under Notification No. 30/2012-S.T. & 26/2012-S.T. dated 20th June, 2012 under reverse charge and abatement on value of services as per clause No. 9 below, either the applicable Service Tax amount shall be paid to the account of Govt of India partly by Service Provider and partly by service receiver (ONGC) or 100% Service Tax shall be paid by ONGC,

2. The service provider should have a valid registration with the concerned authorities

of Service Tax department and a copy of such registration certificate under Service Tax Rules or an undertaking for submission of copy of requisite service tax registration certificate along with the first invoice should be furnished along with the offer.

3. The Bidder should quote the applicable Service Tax, clearly indicating the rate and

the amount of Service Tax included in the bid and the description of the respective service (as per Service Tax rules) under which the Service Tax is payable

4. Total lump sum price for Indian as well as foreign bidders shall be inclusive of

Custom Duty, Excise Duty and Service Tax, if any.

5. Bidders are required to ascertain themselves, the prevailing rates of Custom Duty, Excise Duty and Service Tax, WCT (local as well as interstate) as applicable on the scheduled date of submission of Price Bids/ revised Price Bids (if any) and the Company would not undertake any responsibility whatsoever in this regard.

6. As per service tax rules, value of service portion in the execution of a works contract

shall be equivalent to the gross amount charged for the works contract less the value of property in goods transferred in the execution of the works contract. If the value of goods to be incorporated in works and value of services can be separated, service tax @ 12.36% shall be payable on the value of services. Whereas If the nature of work does not provide for value of goods to be incorporated in works and value of services separately, Clause 3 (i) of the circular is not applicable in this case. Now as per the above mentioned circular, in case the value of service tax can not be determined under clause 3 (i), the same can be determined as explained under clause 3. (ii). Clause 3(ii) (A) is for original works which means all works relating to new constructions, additions and alterations to abandoned / damaged structure on land to make them workable and erection, commissioning or installation of plant, machinery or equipment or structures, whether prefabricated or otherwise, Clause 3.(ii).(B) is for repair & maintenance to any movable property and clause 3.(ii).(C) is applicable for works not covered under clauses (A) and (B). Hence clauses 3. (ii). (B) is not applicable in this case as all these works relate to non movable property. As per clause 3.(ii).(A), the value for service tax payable is 12.36% on 40% of the total amount charged for works contract, as per claose 3 (ii) (B), the value od service tax payable is 12.36% 0n 70% on the total amount charged for works contract and as per clause 3 (ii) (C), the value of service tax payable is 12.36% on 60% of the total amount charged for works contract (refer Appendix -9 of GCC ).



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7. A the value of the material portion would not be reflected separately, ONGC shall not entertain any claim of the bidders with respect to changes in rate of Customs duty, Excise duty or sales tax after submission of bids. However, ONGC shall pick up the liability arising due to change in rate of Service Tax.

8. Service Tax, if any, applicable on input services required to meet the scope of work

will be borne by the bidder within their quoted prices. The bidder must avail eligible CENVAT credit of tax/ duty paid on input services/ capital goods/ inputs and benefit of CENVAT credit should be passed on to ONGC. Accordingly, the bidder must quote rate(s) net of CENVAT credit i.e. gross value of services adjusted by CENVAT credit available to the bidder.

9. Liability to pay Service Tax: For Indian bidder as well as foreign bidder who have

fixed establishment or permanent address in taxable territory of India for providing service in India

a) If service provider (Contractor) is a company registered under Companies Act,

1956, then service tax shall be paid by the service provider i.e. contractor.

b) If service provider is an individual, HUF, Partnership firm whether registered or not, including association of persons, then both contractor (Service Provider) and ONGC (Service Receiver) has to discharge service tax equally i.e. 50% of the total service tax amount directly to Govt.. It may be noted that if the service provider is �association of persons�(AOP) and raising invoices as AOP, then also ONGC as the service recipient has to pay 50% of the service tax amount directly to Govt..

c) The �Persons� in case of �Association of persons� may be (i) an individual (ii) a

Hindu undivided family, (iii) a company (iv) a society ,(v) a limited lliability partnership, (vi) a firm, (vii) an association of persons or body of individuals, whether incorporated or not.

d) Thus, any unincorporated joint venture/consortium of two or more companies

would be treated as an association of persons and may be liable to pay 50% of the service tax amount and the remaining 50% of service tax shall be payable by ONGC directly to the Govt.

However, if an AOP comprises of a inidan company, a on company ( an individual , a HUF, a society, a limited liability partnership , a firm) in India and a foreign firm providing service from outside the taxable territory of India, and each member of AOP raises separate invoices, then the Indian company will pay 100% service tax amount calculated on its invoice value directly to service tax authority, in case of non company both ONGC and non company will pay the service tax amount 50% each and in case of a foreign firm, ONGC will pay 100% of the service tax amount to the Govt under Reverse charge mechanism.

SERVICE TAX (Additional provision) In case the applicability of Services Tax is not quoted explicitly in the offer by the Bidder, the offer will be considered as inclusive of all liabilities of Service Tax. ONGC will not entertain any future claim in respect of Service Tax against such offers.



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In case, the quoted information related to various taxes and duties subsequently proves wrong, incorrect or misleading:- a) ONGC will have no liability to reimburse the difference in the duty/tax, 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 duty / tax

finally assessed is on the lower side. i) Service Tax, if any, applicable on input services required to meet the scope of work

will be borne by the bidder within their quoted prices. The bidder must avail eligible CENVAT credit of tax/ duty paid on input services/ capital goods/ inputs and benefit of CENVAT credit should be passed on to ONGC. Accordingly, the bidder must quote rate(s) net of CENVAT credit i.e. gross value of services adjusted by CENVAT credit available to the bidder.

ii) Bidder must indicate amount of service tax separately in each invoice.

iii) At any stage of time, actual payment to the contractor shall not exceed the evaluated

price (as at �Schedule of Prices�) plus the value of documents submitted towards value of service tax (as at �Schedule of Prices�).

iv) The awarded tender amount (as at Schedule of Prices) will be treated as the

Contract Price for the purpose of Performance Bank Guarantee and Liquidated Damages clauses

18.0 Date for submission of Bids

Bids must be received by the Corporation at the address specified in the Invitation for Bids not later than 16.00 hours on the date prescribed in the Invitation for Bids.

The Corporation may at its discretion extend the date for the submission of Bids

in which case all rights and obligation of the Corporation and Bidders previously subject to the deadline will thereafter be subject to the date as extended. In case of an unscheduled holiday in Surat, Gujarat (India) being declared on the prescribed closing / opening day of the bids, the next working day will be treated as the scheduled prescribed day of closing/opening of the bids.

19.0 Opening of Bids by Corporation

Bids shall be opened at the 17.00 Hours and date mentioned in Invitation for Bids, at the Corporation's designated office. At the time of opening of bid the Corporation will permit one authorized representative of each bidder to be present provided such representative presents to the Corporation at that time a letter duly signed by the bidder authorizing him to be present on behalf of the bidder at the time of tender opening. Intending bidders are advised not to authorize or depute more than one representative.



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At the time of opening of bid the Bidder�s names, the presence or absence of the requisite EMD, Compliance Certificate, bid prices, supporting documents of BEC & other details as the Corporation, at its discretion, may consider appropriate, will be announced.

20.0 Evaluation The Corporation wishes to finalize the award of work covered under this Bidding

Document within a limited time schedule. Bidders are advised to ensure that their bids are complete in all respect, free from ambiguities and conforming to the specifications, requirements and terms and conditions contained in the Bidding Documents and Bid Evaluation Criteria. Bidders are advised to submit �No Deviation� bid. The evaluation of bids shall be carried out strictly on the basis of Bid Evaluation Criteria (BEC) contained in the Bidding Document.

Bids containing qualifying expressions such as "subject to minimum acceptance"

or "subject to prior sale" etc. will not be considered.

CLARIFICATIONS OF BIDS: During evaluation of bids, Service receiver may at its discretion ask the Bidder

for clarifications/ confirmations/ deficient documents of its bid. The request for clarification and the response shall be in wring and no change in the price of substance of the bid shall be sought or permitted.

21.0 All documents submitted by the bidder as documentary evidence as per BEC (or

any other submittals) should be in bound copy, duly numbered, with a clear index on the front and in sequential manner in line with requirement of BEC.

22.0 In case certain clarifications are sought by ONGC after opening of bid then the reply of the Bidder should be restricted to the clarification sought. Any bidder who modifies his bid (including all modifications which have the effect of altering his offer) after the closing date, without any specific reference by ONGC, shall render his bid liable to be ignored and rejected without notice and without reference to the bidder

23.0 The work is to be carried out as per the safety and security regulations of the

Hazira plant. 24.0 Bid must be valid for a period of 60 days from the closing date for submission of

bid and shall be valid for acceptance for the period and shall not be withdrawn on or after the opening of bids till the expiration of the validity period or any extension agreed thereof.

In exceptional circumstances, prior to expiry of the original bid validity period, the ONGC may request the bidder for a specified extension in the period of validity. The requests and the responses shall be made in writing. The Bidder will undertake not to vary/modify the bid during the validity period or any



27

extension agreed thereof. Bidder agreeing to the request for extension of validity of offer shall be required to extend the validity of Bid Security correspondingly.

25.0 The firms registered with NSIC will be exempted from payment of tender fee

irrespective of the monetary limit mentioned in their registration certificate provided they furnish evidence that they are registered for the items they intend to quote against ONGC tender. The Govt departments will also be exempted from the payment of tender fee.

26.0 All payments to the contractors shall be made through ECS/EFT/RTGC System

by ONGC. The successful bidder would be required to submit a Mandate Form (Appendix-11) immediately after issue of Work Order so that the payment due may be released through ECS/EFT/RTGC System. The fund transfer charges, if any, will have to be born by the contractor.

27.0 Bidders will have the option of purchasing tender documents from the selling

centre (or) downloading the tender document within the time specified for the sale of tender documents from website < http://tenders.ongc.co.in > and use the same for participating in the tender. But, the bidders downloading the tender document from the website should ensure to submit tender fee so as to reach the tender inviting work centre before the deadline specified for tender sale along with the undertaking that the bidder meets the BEC, which will be acknowledged by ONGC by issuing Request for Quotation (RFQ) number specific to this tender. Bidder has to quote this RFQ no. while submitting bid.

27. LATE BIDS

Bidders are advised in their own interest to ensure that bid reaches the specified office well before the closing date and time of the bid. Any bid received after dead line for submission of bid, will be rejected and returned unopened.

28. REPRESENTATION FROM THE BIDDER:

The bidder(s) can submit representation(s) if any, in connection with the processing of the tender directly only to the Competent Tender Accepting Authority (CTAA) i.e. to M.K.Narayana, DGM (C), Office of DGM (Civil) ,Old MM Building, ONGC Hazira Plant, Surat-394518.

28.1 In case any bidder makes any unsolicited communication in any manner, after

bids have been opened (for tenders processed either on single bid or on two bid basis), the bid submitted by the particular bidder shall be summarily rejected, irrespective of the circumstances for such unsolicited communication.

Further, if the tender has to be closed because of such rejection, and the job has to be re-tendered, then the particular bidder shall not be allowed to bid in the re-tender.

The above provision will not prevent any bidder from making representation in connection with processing of tender directly and only to the Competent Tender



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Accepting Authority (CTAA) as mentioned in the tender document. However, if such representation is found by CTAA to be un-substantiative and / or frivolous and if the tender has to be closed because of the delays / disruptions caused by such representations and the job has to be re-tendered, then such bidder will not be allowed to participate in the re-invited tender.

In case, any bidder while making such representations to Competent Tender Accepting Authority (CTAA) also involves other officials of ONGC and / or solicits / invokes external intervention other than as may be permitted under the law and if the tender has to be closed because of the delays / disruptions caused by such interventions and has to be re-tendered, then the particular bidder will not be allowed to participate in the re-invited tender.

29. AWARD CRITERIA.

The purchaser will award the contract to the successful bidder whose bid has been determined to be in full conformity to the bid documents and has been determined as the lowest evaluated bid.

30. NOTIFICATION OF AWARD (NOA)

Prior to the expiration of the period of bid validity, the ONGC will notify the successful bidder in writing that its bid has been accepted.

The notification of award will constitute the formation of the contract.

31. ONGC�s Policy on Climate Change and Sustainability

Bidders should simply confirm that they have read the ONGC�s following �Policy on Climate Change & Sustainability� and they are working upon to develop their policy as well. i. ONGC is committed to enhance contribution to sustainable development through a greater integration of economic, environmental and social dimensions. ii. ONGC shall endeavour 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.



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v. ONGC�s aim shall be to achieve competitive business advantage from GHG abatement programmes, particularly through process efficiency, besides improving environmental performance. vi. ONGC shall endeavour 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.

32. MODE OF PAYMENT

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 alongwith their offers: a) Name & Complete Address of the Supplier / Contractor as per Bank records. b) Name & Complete Address of the Bank with Branch details. c) Type of Bank account (Current / Savings/Cash Credit). d) Bank Account Number (indicate �Core Bank Account Number�, if any). e) IFSC / NEFTCode (11 digit code) / MICR code, as applicable, alongwith a

cancelled cheque leaf. f) Permanent Account Number (PAN) under Income Tax Act; g) TIN/Sales Tax Registration Number (for supply of Goods) and Service Tax

Registration Number (for supply of Services), as applicable. h) e-mail address of the vendor / authorized official (for receiving the updates

on status of payments).� i) Confirmation as to 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)�. If yes, specify the category of Micro, Small or Medium Enterprises and whether the enterprise is in manufacturing or service industry, alongwith valid documentary evidence.

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.



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Appendix -1 �BID SUBMISSION PROFORMA��

Tender No .8C52C13011 Contractor's Telegraphic

Address:______________________

TELEPHONE No. TELEX NO: FAX NO

Oil & Natural Gas Corporation. Hazira Plant, Surat, PO-ONGC Nagar, Surat -394518 Dear Sirs, 1. I / We hereby offer to supply the services detailed in schedule hereto or such portion

thereof as you specify in the Acceptance of Tender at the price given in the said schedule and agree to hold this offer open till __________________________

2. I/We have understood and complied with the "Instructions to Bidders� , "Bid

Evaluation Criteria", Safety Manual and accepted the "General Conditions of the Contract�, at for providing services and have thoroughly examined and complied with the Special Conditions of Contract and Scope of work stipulated hereto and am/are fully aware of the nature of the service required and my/our offer is to provide services strictly in accordance with the requirements.

3. The following pages have been added to and form part of this tender:- 4. Authorisation Letter for attending Tender opening at Appendix 3 of Bidding

documents has been duly signed and returned herewith.

Yours faithfully,

Signature of Bidder Address Dated

Signature of witness Address Dated Note: This form should be returned along with offer duly signed.



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Appendix � 2

PROFORMA OF BANK GUARANTEE TOWARDS BID BOND / EMD

Ref. No._____Bank Guarantee No. ______Dated ___________

To, Oil & Natural Gas Corporation. ___________________________ ___________________________ Dear Sirs, 1. Whereas Oil & Natural Gas Corporation. incorporated under the Companies Act,

1956, having its registered office at Jeevan Bharti, Tower-II, 124 Connaught Circus, New Delhi-110001-India and one of its offices at ______________________________ (hereinafter called `ONGC' 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 (in figures)___________________ (Indian Rupees (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 ONGC which amount is liable to be forfeited on the happening of any contingencies mentioned in said documents.

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) guarantee and undertake to pay immediately on first demand by ONGC, the amount of Indian Rs. / (in figures) __________________ (Indian Rupees (in words) _______________ only) in aggregate at any time without any demur and recourse, and without ONGC having to substantiate the

demand. Any such demand made by ONGC shall be conclusive and binding on the Bank irrespective of any dispute or difference raised by the Bidder.



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3. The Bank confirms that this guarantee has been issued with observance of

appropriate laws of the country of issue. 4. The Bank also agrees 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.

5. This guarantee shall be irrevocable and shall remain in force up to ______, which

includes thirty days after the period of bid validity, and any demand in respect thereof should reach the Bank not later than the aforesaid date.

6. Notwithstanding anything contained hereinabove, our liability under this Guarantee

is limited to Indian Rs. (in figures) _________________ (Indian Rupees (in words) ________________ only) 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 by 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 ..... 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. Attorney as per Power of

Attorney No........�.��.. Dated ��.

WITNESS NO. 2 ______________ (Signature) Full name and official address (in legible letters)



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INSTRUCTIONS FOR FURNISHING BANK GUARANTEE TOWARDS BID SECURITY

1. The Bank Guarantee by Indian Bidders will be given on non- judicial stamp paper as per stamp duty applicable in Gujarat. The non-judicial stamp paper should be in name of the issuing Bank. As per stamp act applicable to State of Gujarat. The bank guarantee should be executed on non-judicial stamp paper of minimum Rs 100/- (applicable as on date). However bidders are advised to check the latest position in their interest & ONGC will not bear any responsibility in this regard.

2. The bank guarantee must be forwarded with a covering letter of the issuing bank

clearly indicating the postal address of the bank, telephone numbers, fax nos. telegraphic address etc.

3. The expiry date as mentioned in clause 5 & 6 should be arrived at by adding

30 days to the date of expiry of the bid validity.

4. The bank guarantee will be given from Nationalized / Scheduled banks only.

5. If the Bank Guarantee is not found as per Performa and instruction, the same may not be considered for acceptance.



34

Appendix - 3 AUTHORISATION LETTER FOR ATTENDING TENDER OPENING NO. Date To, The Oil & Natural Gas Corporation ______________________________ ___________________________ Subject: Tender No. 8C52C13011 due on Sir, Mr._________________________ has been authorised to be present at the time of

opening of above tender due on ________ at ________ on my/our behalf.

Yours faithfully,

Signature of Bidder Copy to: Mr. __________________________ for information and for production before

the Tender opening Committee at the time of opening of bids.



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Appendix - 4

PROFORMA CERTIFICATE ON RELATIVES OF DIRECTORS OF ONGC

This has reference to our proposed contract for Rs. _______ regarding ___________________________________ to be entered into with Oil and Natural Gas Corporation. (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: (i) I am not a relative of any Director of ONGC (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.

Authorized Signatory of The Contracting Party

Place _________ Date __________



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Appendix- 5

PROFORMA FOR TENDER LETTER To CE(Civil) Oil & Natural Gas Corporation Limited Hazira Plant. P.O-ONGC Nagar - 394 518 SURAT (INDIA) Subject: �Development of Green Belt at AGPF area in ONGC Hazira Plant Surat.�

Gentlemen: We, the undersigned, have considered and complied with the �Instructions to Bidders� and have accepted the terms stipulated in the Bidding Documents for �Development of Green Belt at AGPF area in ONGC Hazira Plant Surat� percentage rate basis. Also we have familiarized ourselves with the land surface and sub-surface, meteorological, Oceanographic, Climatological and environmental conditions which may exist compliance with these aforesaid conditions and the regulations of local government authorities. We, the undersigned do hereby offer for ��Development of Green Belt at AGPF area in ONGC Hazira Plant Surat� the Work covered under the Tender shall be completed to the entire satisfaction of yourselves or your representative in conformity with the Construction Schedule and Bidding Documents at price quoted at Price Bid accompanying this Bidding Documents. It is a term of our offer that the WORKS shall be completed, as per schedules specified in Bidding Documents. This shall be the essence of the Contract between us.

We further agree and stipulate as follows: 1. Until the final CONTRACT DOCUMENTS are prepared and executed; the bidding

Documents together with this Bid, modifications, additions, deletions agreed with the Corporation and your written acceptance thereof, shall constitute a binding Contract between us, upon terms contained in aforesaid documents and the Price Schedules accompanying the Bid.

2. We shall be fully self sufficient in all respect in the performance of the Work

.Corporation shall not supply any material.

3. We understand that you are not bound to accept the lowest of the Bid you may receive.

4. We shall be prepared to complete the work covered under the contract within 6



37

Months from 15nth day of issue of work order.

5. We also enclose the following with this letter:

a. Matrix provided at Annexure-A in Bidding Document, duly filled in and complete in all respects.

b. Rates as asked in the Price Bid

c. EMD of Rs��.. valid upto �� (The bank guarantee (Bid bond) shall

have a claim period of 30 days beyond the validity of bid bond and accordingly the date of expiry of the Bank guarantee (Bid bond) be mentioned therein.

6. We agree to keep the Bid valid for acceptance for a period of 60 days from ��.. which is the closing date of the Bid (hereinafter referred to as validity period) and the Bid shall not be withdrawn on or after the opening of Bid till the expiration of the validity period or any extension thereof.

We also undertake not to vary/ modify the Bid during the validity period or any

extension thereof.

The Bidding Documents are sold by Company to us subject to the above condition. W has noted that bank guarantee for EMD shall be forfeited by Corporation in the

following events:

a) If Bid is withdrawn during the validity period or any agreed extension there of.

b) If Bid is varied or modified in a manner not acceptable to Corporation during

the validity period or any agreed extension thereof. c) If the successful bidder is seeking modifications to the agreed terms &

conditions after closing date of submission of bids.

The Corporation and We agree that the Invitation of Bids and Bidding Documents purchased by the Bidder constitute an offer made on the condition that the Bid shall be kept open for a period of 90 days after the closing date for submission of bids The making of the Bid shall be regarded as an unconditional and absolute acceptance of this condition contained in Invitation of Bids and Bidding Documents purchased by the Bidder. Both Corporation and We further agree that the Contract consisting of the Invitation of Bids and Bidding Documents as the offer and making of Bid by us as the acceptance shall be separate and distinct from the contract which will come into existence when Bid is accepted by Corporation. The consideration for this separate initial contract preceding the main Contract is that the



38

Corporation is not agreeable to sell the Bidding Documents to the Bidder and to consider the Bid to be made except on the condition mentioned in this clause and Bidder has made this Bid subject to the condition and after entering into the separate contract with Corporation. Corporation promises to consider the Bid on this condition and we agree to keep the Bid open for the required period. These reciprocal promises form the consideration for this separate initial contract between the parties.

7. We represent that we have fully satisfied ourselves as to the nature and location of the Works having in mind the general and local conditions and other factors incidental to the performance of the Works and the costs there of.

8. We further represent that from our own investigation of the Site of the Works

we have fully satisfied ourselves as to the character, quality and quantity of surface and sub-surface materials and other conditions to be encountered in the performance of the Works and we understand and represent that any failure to acquaint ourselves in respect of these matters and the other factors and conditions as set forth shall not relieve us from any responsibility for estimating properly the difficulty and cost of successfully performing the Works.

9. We also acknowledge and accept that you shall not pay for any discontinuance or low Works performance rate resulting from malfunction of/or inadequacy of our equipment, instruments or personnel.

10. We agree to return you all reports and technical data provided for our

use in preparing this bid and in the subsequent conduct of the works. We undertake that we will not use the same for any other work/purpose.

11. We further represent that we have familiarized ourselves with all the terms

and provisions of the various parts of the Bidding Documents and that in making our Bid, we do not rely upon any representation made by any agent or employee of yourselves in respect of the terms of the Bidding Documents or the nature of the performance of the Works.

12. We submit this Bid with the full understanding that our offer fully complies with

the Bidding Documents requirement and that no deviation/exception to the Bidding Documents has been taken in the bid.

DATE this ___________ day of _____________ 2009 Signature __________________



39

In the capacity of __________________

Duly authorized to sign Bids for and on behalf of ___________________________________________ (Name & Address) Witness __________________________



40

Appendix- 6

PROFORMA FOR- NO DEVIATION To, Dtd: Oil & Natural Gas Corporation Limited Hazira Plant P.O. ONGC Nagar SURAT - 394518 Attn : Chief Engineer (Civil) Sub: ONGC TENDER NO 8C52C13011

CERTIFICATE

All the terms and conditions of the ONGC tender documents for the tender No �� are acceptable to us and we have not made any deviations from the same or put forward any additional conditions in our offer.

It is also confirmed that the supporting documents with regard to Essential

Qualifying Requirement laid down in tender document are duly submitted in Envelope-No.1.

It is confirmed that that neither we, nor any of our allied concerns, partners or

associates or directors or proprietors involved in any capacity, are currently serving any banning orders issued by ONGC debarring us from carrying on business dealings with ONGC.

Signature of the Bidder

(Seal) NOTE: Above certificate shall be drawn on contractor�s letter- head (no photo-copy) and

shall be placed in a separate sealed cover as mentioned above.



41

Appendix- 7

PROFORMA FOR LETTER OF AUTHORITY

To, Date: Oil & Natural Gas Corporation Limited Hazira Plant P.O. ONGC Nagar SURAT - 394518 Attn : Chief Engineer (Civil) Sub: ONGC TENDER NO. : 8C52C13011 Dear Sir, We��..do hereby confirm that Mr��. (Name (s), position held and address) is/are authorised to represent us to bid, negotiate and conclude the agreement on our behalf with you against your Tender Invitation No��.for �Development of Green Belt at AGPF area in ONGC Hazira Plant Surat� We confirm that we shall be bound by all the whatsoever our said agents shall commit. Yours faithfully, Signature: Name and Designation �� For and on behalf of��.. ��.. NOTE: This letter of authority should be on printed letter head of the Bidder, and

should be signed by a person competent and having the power of attorney (power of attorney shall be annexed) to bind such Bidder.



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Appendix- 8

PROFORMA OF ACKNOWLEDGEMENT LETTER FOR RECEIPT OF BIDDING DOCUMENTS

Date: To, Chief Engineer (Civil) Oil & Natural Gas Corporation Limited Hazira Plant P.O. ONGC Nagar SURAT - 394 518

Sub: ONGC TENDER NO: 8C52C13011 Dear Sir, We hereby acknowledge receipt of a complete set of "Bidding Documents for ___________________________________ for our use in preparing bid.

We have noted that the closing date of receipt of bid is _________________ at your office for the Tender under reference. We guarantee that the contents of the above Bidding Documents shall be kept confidential within our Organization and further that the drawings, specifications and text of said Bidding Documents shall remain the property of ONGC, India and shall be returned upon demand by ONGC, and the said documents are to be used only for the purpose intended by their publication.

Yours faithfully, (Signature of Bidder) Name: Designation: Company Seal:



43

PART - B

BID EVALUATION CRITERIA



44

BID EVALUATION CRITERIA

Bidders, who meet the following criteria, shall only be short listed for price-bid opening. Bids not meeting these criteria will be rejected.

A. VITAL CRITERIA FOR ACCEPTANCE OF BIDS:

Bidders are advised not to take any exception / deviations to the bid document. Any exceptions/deviations in the bid or such conditional/non-conforming bids shall not be considered and shall be liable for rejection. The bidder has to submit the certificate as per the Appendix � 6 of ITB along with the bid. B. REJECTION CRITERION:

B.1 Technical Rejection Criteria:

The following vital technical conditions should be strictly complied with failing which the bid will be rejected.

1.0 The bid should be complete and covering the entire scope of work and should conform to the technical specifications indicated in the Bidding Document duly supported with technical catalogues / literatures wherever required. Incomplete and non-confirming bids will be rejected outright.

2.0 Eligibility and Experience of the Bidder: The bidder must have experience of having successfully completed similar work(s) during last 7 years ending last day of the month previous to the one in which applications are invited and shall be any of the following: (i) Three similar completed works each costing not less than the amount of Rs

7,87,352.00. Or (ii) Two similar completed works each costing not less than the amount of Rs

9,84,190.00. Or (iii) One similar completed work costing not less than the amount of Rs 15,74,704.00 Similar work means any one or combination of two or more of the following works: Development of green belt or maintenance of green belt or development of garden or maintenance of garden or landscaping or any horticulture job in any Central or State Government Concerns / bodies (i.e. CPWD / PWD / R&B / Railways / PSUs / Panchayat / Municipal Corporation etc) or public limited companies or private limited companies formed under the Indian Companies Act 1956.

The bidders are required to submit documentary evidence i.e. work order/ contract agreement and completion certificate (completion certificate should be



45

against the same work order / contract agreement which is submitted towards work experience) in support of experience as required.

3.0 The bidder must submit copies of all documents duly notarized or notary attested in support of experience as required above from B.1 (2) along with the Un-priced Techno-commercial bid.

B.2 COMMERCIAL CRITERIA:

The following vital commercial conditions should be strictly complied with failing which the bid will be rejected.

1.0 Proof of the sale/issue of bid document

The forwarding letter, in original, as a proof of issue of the tender document (Purchased against payment of requisite tender fee), duly signed by tender issuing officer must be sent by the bidder along with offer. In case the bid documents has been received free of cost, bidder must also submit the forwarding letter along with valid Registration Certificate

2.0 Bidding System:

Bid should be submitted in Two Bid system in two separate envelopes. The Techno

Commercial bid shall contain all details but with the price column of the price bid format blanked out. However a tick mark ( ) shall be provided against each item of the price commercial bid format to indicate that there is a quote against this item in the Priced Commercial bid. The Priced bid shall contain only the prices duly filled in as per the price bid format

Offers with techno commercial bid containing prices shall be rejected outright. 2.1 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. 3.0 EPF: Bidder should possess and independent EPF code number allotted by

concerned Provident Fund Commissioner and submits a copy of the same with the techno-commercial bid. However, PF code number is not made a pre-condition by ONGC for participation in bid. In case the successful bidder does not have PF code number, then on receipt of Notice of award / letter of intent from ONGC, he should immediately apply and obtain PF code number from respective PF Commissioner. An undertaking in this respect for fulfilling the requirement is mandatory and has to be submitted along with the bid on Company�s / Contractor�s Letter Head Pad. A copy of application submitted to the PF authority duly endorsed in PF office for obtaining PF code will have to be submitted after receipt of LOI / LOA and provide documentary proof of possessing EPF Code Number within 30 days of placement of LOI/NOA

4.0 Acceptance of terms & conditions:

The bidder must confirm unconditional acceptance of General Conditions of Contract,

Special Conditions of Contract and Instruction to Bidders of bid document.



46

5.0 Offers of following kinds will be rejected

a) Offers made without Bid Security/Bid Bond/Bank Guarantee along with the offer (Refer clause 06 of Instruction to Bidders).

b) Telex/ Telegraphic /Fax/ e-Mail/ Xerox/ Photo copy offers and bids with scanned signature. Original bids, which are not signed manually.

c) Offers which do not confirm unconditional validity of the bid for 60 days from the date of opening of bid.

d) Offers where prices are not firm during the entire duration of the contract and/or with any qualifications.

e) Offers which do not conform to ONGC�s price bid format.

f) Offers which do not confirm to the contract period indicated in the bid i.e. Sixteen Months (16 months) from 15th day of issue of NOA. The total period of 16 months shall include 12 months (fixed) for maintenance period which shall commence immediately after the actual completion of the development phase.

g) Offers not accompanied with a notarized copy of valid registration certificate under Service Tax Rules or an undertaking for submission of notarized copy of requisite service tax registration certificate along with the first invoice under the contract.

h) Offers not accompanied with the Notarized copy of all the supporting documents.

i) 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.

6.0 Bidder shall bear, within the quoted rates, the Personnel Tax as applicable in respect of their personnel and their sub-contractor�s personnel, arising out of this contract. Bidder shall also bear, within the quoted rates, the Corporate Tax, as applicable, on the income arising out of this contract.

7.0 Discount

a) 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.

b) 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.

8.0 Duties & Taxes

i) Bidders are required to ascertain themselves, the prevailing rates of Service tax and all other taxes and duties as applicable (along with rates of all related levies viz. Surcharges, Cess etc.) on the scheduled date of submission of Price Bids/ revised Price Bids (if any) and ONGC would not undertake any responsibility whatsoever in this regard.



47

ii) The bidders should quote the prices, clearly indicating the applicable rate of service

tax along with all other taxes and duties applicable. Details of abatements / deduction available, if any, should also be indicated specifically.

iii) In the contracts involving multiple services or involving supply of certain goods /

materials along with the services, the Bidder should give separate break-up for cost of goods and cost of various services, and accordingly quote Service Tax as applicable for the taxable services. In case the Bidder does not give break-up of the quoted prices, separately indicating the components of taxable services and material to be supplied (if any), the Service Tax will be loaded on entire quoted / contract value for evaluation as per provisions of the statute

iv) Where the value has not been determined under above clause (iii) then in accordance with the Service Tax (determination of Value) Rules 2006, service Tax shall be payable on 40%, 60% and 70% (depending upon the nature of work and as given in the price schedule) of the total amount charged for the work Contract including the fair market value of goods and services supplied by ONGC without any consideration.

v) If the value of the material portion is not reflected separately, ONGC shall not

entertain any claim of the bidders with respect to changes in rate of Custom duty, excise duty or sales Tax after submission of bids. However, ONGC shall pick up the liability arising due to change in rate of Service Tax as governed by General Conditions of Contract on �Subsequent Legislation

vi) Service tax, if any, applicable on input services required to meet the scope of work

will be borne by the bidder within their quoted prices. The bidder must avail eligible CENVAT credit of tax/ duty paid on input services/ capital goods/ input and benefit of CENVAT credit should be passed on to ONGC by way of quoting rate(s) net of CENVAT credit i.e. gross value of service adjusted by CENVAT credit available to the bidder.

vii) Similarly bidder must also avail VAT credit on input material and benefit should be

passed on to ONGC by way of quoting rates net of VAT credit.

viii) For Services received by ONGC, where liability to pay Service Tax shall be discharged partly by ONGC and partly by respective service provider, bidder should include 100% Service Tax in their quoted prices. However, payment to the contractor shall be made after deducting portion of Service Tax to be paid by ONGC directly to the tax authorities

ix) If Customs Duty/Excise Duty/Sales Tax/Service Tax are being taken into account for

the purpose of evaluation of bids then the rate of Customs Duty/Excise Duty/Sales Tax Service Tax as prevailing on the date of bid closing/date of revised price bid



48

closing as the case may be will be taken into consideration for the propose of evaluation of bids. However, if there is any change in the rate of Customs Duty/Excise Duty /Sales Tax Service Tax after the date of bid closing/date of revised price bid closing but prior to award of the contract due to which there is any change in the original ranking of Bidders, then the Bidder who has emerged lowest based on the rate of Customs Duty/Excise Duty/Sales Tax Service Tax as prevailing on the date of bid closing/bid submission/opening of revised prices would be considered for award of contract but subject to matching his prices with the Bidder who has emerged lowest as a result of modification in duties & taxes In case originally evaluated L-1 Bidder fails to match the price (with the Bidder who emerges L-1 due to change in Duties) then the award of contract will go to the Bidder who subsequently emerges L-1 due to change in Duties.

x) Bidders should quote with all charges, rates including service tax under service tax rules @ 12.36% or as applicable under the works contract services. In case the service tax and other taxes / duties is not quoted explicitly in the offer, the offer will be considered as inclusive of all liabilities of same.

C PRICE EVALUATION CRITERIA

1. The Inter-se financial ranking of Bids shall be done for the total scope of work covered in Bidding Document, as per the �TOTAL PRICE� indicated in Schedule of Prices inclusive of all taxes and duties (including Service Tax) as applicable and the same shall be taken for evaluation.

2. Arithmetical errors if any, in the �Schedule of Price� will be corrected in the following

manner: a) If there is a discrepancy between amounts expressed in words and figures,

the amount expressed in words shall prevail.

b) Errors of summation, subtraction, division and multiplication shall be corrected and only corrected value shall be considered.

3. The awarded tender amount (as at Schedule of Prices) will be treated as the Contract Price for the purpose of Performance Bank Guarantee and Liquidated Damages clauses

D. GENERAL:

1. The BEC over-rides all other similar clauses operating anywhere in the Bid Documents.

2. The bidder/contractor is prohibited to offer 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.

3. Onsite inspection will be carried out by ONGC�s officers / representative at the discretion of

the ONGC.



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Appendix-A-1 TECHNO-COMMERCIAL MATRIX

Name of the bidder:

Sl. No Description Bidder�s Response by indicating �X� in Confirmed/ Not Confirmed / Not applicable(N.A)

Specify cross reference where relevant document are enclosed

A. Vital Criteria for Acceptance of bids Whether bidder has noted and accepted Vital

Criteria of Acceptance of bids as per clause A of BEC and submitted certificate as per the Appendix � 6 of ITB along with the bid

Confirmed /Not Confirmed

B REJECTION CRITARIA B.1 Technical Rejection Criteria: Whether the

bidder noted that the following vital technical conditions should be strictly complied with failing which the bid will be rejected.

Confirmed /Not Confirmed

1.0 Whether bid is complete and covering the entire scope of work as described in the bidding documents, addendum (if any) and any subsequent information given to the bidder.

Confirmed / Not Confirmed

Whether bidder confirms compliance to all the technical specifications as prescribed in the bidding documents, addendum (if any) & any subsequent information given to bidder.


Whether bidder noted that incomplete and non-confirming bids are liable to be rejected?


2.0 Eligibility and experience of the bidder: -

Whether the bidder has experience of having successfully completed similar work(s) during last seven years ending last day of month previous to the one in which bids are invited and shall be any one of the following:


Three similar completed works each costing not less than the amount of Rs. 7,87,352.00 OR


Two similar completed works each costing not less than the amount of Rs 9,84,190.00 OR




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One similar completed work costing not less than the amount of Rs. 15,74,704.00.


Whether bidder has noted that similar work means any one or combination of two or more of the following works: Development of green belt or maintenance of green belt or development of garden or maintenance of garden or landscaping or any horticulture job in any Central or State Government Concerns / bodies (i.e. CPWD / PWD / R&B / Railways / PSUs / Panchayat / Municipal Corporation etc) or public limited companies or private limited companies formed under the Indian Companies Act 1956.


Whether bidder has submitted copies of respective work order/ contract agreement and completion certificate (completion certificate should be against the same work order / contract agreement which is submitted towards work experience), in support of experience as required.


3.0 Whether bidder has submitted copies of all documents duly notarized or notary attested in support of experience as required above at B.1 (2) along with the un-priced techno-commercial bid


B.2 Commercial Criteria Whether bidder has noted and accepted that

vital commercial conditions should be strictly complied with failing which the bid will be rejected


1.0 Whether bidder has noted that The forwarding letter, in original, as a proof of issue of the tender document (Purchased against payment of requisite tender fee), duly signed by tender issuing officer must be submitted by the bidder along with offer


2.0 Whether the bidder has noted that Bid should be submitted in Two Bid system in two separate envelopes


Whether the bidder has noted that The Techno Commercial bid shall contain all details but with the price column of the schedule of prices blanked out. However a cross mark (X) shall




51

be provided against each item of the price bid format to indicate that there is a quote against this item in the Price Commercial bid

Whether the bidder has noted that The Price bid shall contain only the prices duly filled in as per the price bid format


Offers with techno-commercial bid containing prices shall be straightaway rejected


2.1 Whether the bidder has noted that The offers indicating/disclosing prices in techno-commercial (un-priced bid) or at any stage before opening of price-bid shall be straightaway rejected


3.0 Whether Bidder has independent EPF registration No allotted by concerned Provident Fund Commissioner


Whether bidder has submitted registration certificate along with bid


If the bidder has not submitted EPF registration certificate at the time of bid then whether he has submitted an undertaking on company�s / contractor �s head pad along with the techno-commercial bid as per the clause B.2.3.0 of BEC


Whether the bidder has noted that in case of award of work, then on receipt of Notice of award / letter of intent from ONGC, he should immediately apply and obtain PF code number from respective PF Commissioner.


Whether the bidder has noted that a copy of the application submitted to the PF authority duly endorsed in PF office for obtaining PF code will have to be submitted after receipt of LOI / LOA and provide documentary proof of possessing EPF Code Number within 30 days of placement of LOI/NOA


4.0 Acceptance of terms & Conditions: Whether Bidder has confirmed unconditional acceptance of General Conditions of Contract, Special Conditions of Contract and Instruction to Bidders of bid document




52

5.0 (a) Whether the bidder has noted that the offers made without Bid Security (earnest money deposit) / Bank Guarantee) along with the offer (Refer clause 06 of Instruction to Bidders) will be rejected


(b) Whether the bidder has noted that Telex / Telegraphic / Fax / E-mail / Xerox / Photo copy offers and bids with scanned signature will be rejected. Further the original bids which are not signed manually will be rejected


(c) Whether the bidder has noted that the offers which do not confirm unconditional validity of the bid for 60 days from the date of opening of techno-commercial un-priced bid will be rejected


(d) Whether Bidder has noted that the offers where prices are not firm during the entire duration of the contract and/or with any qualifications will be rejected


(e) Whether Bidder has noted that Offers which do

not conform to ONGC�s price bid format as given along with the bid document, will be rejected


(f) Whether Bidder has noted that offers which do not confirm to the Time schedule for completion of entire work Sixteen Months (16 months) from 15th day of issue of NOA , will be rejected. The total period of 16 months shall include 12 months (fixed period) for maintenance period which shall commence immediately after the actual completion of the development phase


(g) Whether Bidder has noted that Offers not accompanied with a notarized copy of valid registration certificate under Service Tax Rules or an undertaking for submission of notarized copy of requisite service tax registration certificate along with the first invoice under the contract, will be rejected.


(h) Whether Bidder has noted that Offers not accompanied with the Notarized copy of all the supporting documents, will be rejected.


(i) Whether the bidder has note that Offers not accompanied with a declaration that neither the bidders themselves, nor any of




53

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 rejected.

6.0 Whether Bidder has noted that the bidder shall bear, within the quoted rates, the Personnel Tax as applicable in respect of their personnel and their sub-contractor�s personnel, arising out of this contract. Bidder shall also bear, within the quoted rates, the Corporate Tax, as applicable, on the income arising out of this contract.


7.0 Discount: a) Whether bidder has noted that, discount of any

type indicated separately will not be taken into account for evaluation purpose and it should be merged with the quoted prices and 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.


b) Whether the bidder has noted that 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


8.0 Duties & Taxes: (i) Whether the bidder has noted that the bidders

are required to ascertain themselves, the prevailing rates of Service tax and all other taxes and duties as applicable (along with rates of all related levies viz. Surcharges, Cess etc.) on the scheduled date of submission of Price Bids/ revised Price Bids (if any) and ONGC would not undertake any responsibility whatsoever in this regard


(ii) Whether the bidder has noted that the bidders should quote the prices, clearly indicating the applicable rate of service tax along with all other taxes and duties applicable. Details of abatements / deduction available, if any, should also be indicated specifically


(iii) Whether the bidder has noted that in the contracts involving multiple services or involving supply of certain goods / materials along with the services, the Bidder should give

Confirmed / Not Confirmed / NA



54

separate break-up for cost of goods and cost of various services, and accordingly quote Service Tax as applicable for the taxable services. In case the Bidder does not give break-up of the quoted prices, separately indicating the components of taxable services and material to be supplied (if any), the Service Tax will be loaded on entire quoted / contract value for evaluation as per provisions of the statute

(iv) Whether the bidder has noted that where the value has not been determined under above clause (iii) then in accordance with the Service Tax (determination of Value) Rules 2006, service Tax shall be payable on 40%, 60% and 70% (depending upon the nature of work and as given in the price schedule) of the total amount charged for the work Contract including the fair market value of goods and services supplied by ONGC without any consideration


(v) Whether the bidder has noted that if the value of the material portion is not reflected separately, ONGC shall not entertain any claim of the bidders with respect to changes in rate of Custom duty, excise duty or sales Tax after submission of bids. However, ONGC shall pick up the liability arising due to change in rate of Service Tax as governed by General Conditions of Contract on �Subsequent Legislation


(vi) Whether the bidder has noted that Service tax, if any, applicable on input services required to meet the scope of work will be borne by the bidder within their quoted prices. The bidder must avail eligible CENVAT credit of tax/ duty paid on input services/ capital goods/ input and benefit of CENVAT credit should be passed on to ONGC by way of quoting rate(s) net of CENVAT credit i.e. gross value of service adjusted by CENVAT credit available to the bidder.


(vii) Whether the bidder has noted that similarly Confirmed / Not Confirmed



55

bidder must also avail VAT credit on input material and benefit should be passed on to ONGC by way of quoting rates net of VAT credit

(viii) Whether the bidder has noted that for Services received by ONGC, where liability to pay Service Tax shall be discharged partly by ONGC and partly by respective service provider, bidder should include 100% Service Tax in their quoted prices. However, payment to the contractor shall be made after deducting portion of Service Tax to be paid by ONGC directly to the tax authorities


(ix) Whether the bidder has noted that If Customs Duty/Excise Duty/Sales Tax/Service Tax are being taken into account for the purpose of evaluation of bids then the rate of Customs Duty/Excise Duty/Sales Tax Service Tax as prevailing on the date of bid closing/date of revised price bid closing as the case may be will be taken into consideration for the propose of evaluation of bids. However, if there is any change in the rate of Customs Duty/Excise Duty /Sales Tax Service Tax after the date of bid closing/date of revised price bid closing but prior to award of the contract due to which there is any change in the original ranking of Bidders, then the Bidder who has emerged lowest based on the rate of Customs Duty/Excise Duty/Sales Tax Service Tax as prevailing on the date of bid closing/bid submission/opening of revised prices would be considered for award of contract but subject to matching his prices with the Bidder who has emerged lowest as a result of modification in duties & taxes

In case originally evaluated L-1 Bidder fails to match the price (with the Bidder who emerges L-1 due to change in Duties) then the award of contract will go to the Bidder who subsequently emerges L-1 due to change in Duties.


(x) Whether the bidder has noted that the bidders should quote with all charges, rates including service tax under service tax rules @ 12.36% or as applicable under the works contract




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services. In case the service tax and other taxes / duties is not quoted explicitly in the offer, the offer will be considered as inclusive of all liabilities of same

C PRICE EVALUATION CRITERIA 1 Whether the bidder has noted that the Inter-se

financial ranking of Bids shall be done for the total scope of work covered in Bidding Document, as per the �TOTAL PRICE� indicated in Schedule of Prices inclusive of all taxes and duties (including Service Tax) as applicable and the same shall be taken for evaluation


2 Whether the bidder has noted that Arithmetical errors if any, in the �Schedule of Price� will be corrected in the following manner

a) If there is a discrepancy between amounts expressed in words and figures, the amount expressed in words shall prevail.

b) Errors of summation, subtraction, division and multiplication shall be corrected and only corrected value shall be considered.


3 Whether the bidder has noted that The awarded tender amount (as at Schedule of Prices) will be treated as the Contract Price for the purpose of Performance Bank Guarantee and Liquidated Damages clauses


D General: 1 Whether the bidder has noted that the BEC

over-rides all other similar clauses operating anywhere in the Bid Documents


2 Whether the bidder has noted that the bidder/contractor is prohibited to offer 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?


3 Whether the bidder has noted and accepted that on-site inspection will be carried out by ONGC�s officers / representative at the discretion of the ONGC




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PART-C



58

GENERAL CONDITIONS

OF

CONTRACT



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INDEX

GENERAL CONDITIONS OF CONTRACT

Clause no.

Details

1. Definitions and Interpretations 2. Language 3. Errors, Omissions and Descriptions. 4. Scope of Contract

5 (i) Notification of Award. 5 (ii) Contract Agreement.

6. Deleted 7. Disruption of Progress. 8. Further Drawings and Specifications. 9. Duties of EIC.

10. Contractor�s General Responsibilities. 11. Safety of Site Operations. 12. Watching and Lighting. 13. Compliance with Statues, Regulations etc. 14. Setting out. 15. Obtaining Information Related to Execution of Work. 16. Claims. 17. Security Deposit. 18. Compensation for delay. 19. When Contract can be Determined. 20. Contractor Liable to pay compensation even if action is not

taken under Clause 3 A 21. Time and Extension for Delay. 22. Measurements of Work done. 23. Provisional Progressive payments 24. Completion Certificate and Completion Plans. 25. Payment of Final Invoice. 26. Materials to be Provided by the contractor and testing

thereof. 27.A Secured Advance - Deleted 27.B Escalation-Deleted 27.C Payment due to Increase / Decrease in prices / wages-

Deleted 27.D Dismantled Material � Corporation�s Property. 28. Work to be Executed in Accordance with Specifications,

Drawings, Orders etc. 29. Deviations / Variations � Extent and pricing. 30. Fore closure 31. Cancellation of contract in full or part. - Deleted 32. Suspension of work



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33. Action in casework not done as per Specifications. 34. Contractor Liable for Damages, defects during maintenance

period. 35. Contractor to supply tools and plants.

35.A Recovery of compensation paid to workman. 35.B Ensuring payment and amenities to workers if contractor

fails. 36. Labour laws to be complied by the Contractor. 37. Minimum Wages Act to be complied with - Deleted 38. Work not to be Sublet .Action in case of Insolvency. 39. Reasonable Compensation 40. Changes in Firm�s Constitution to be Intimated. 41. Direction and approval of the EIC. 42. Jurisdiction and Applicable Laws 43. Arbitration & Concilliation 44. Contractor to Indemnify Corporation Against Patent Rights. 45. Action where no specifications are specified/incomplete

specification. 46. With holding and Lien in Respect of Sums due from

contractor. 47. Lien in respect of claims in other contracts. 48. Employment of coal Mining or controlled area labour not

permissible. 49. Return of surplus Materials. 50. Arrangements of tools, plants, machinery and equipments

by the contractor. 51. Performance 52. Employment of Technical Staff and Employees. 53. Levy / Taxes Payable by Contractor. 54. Subsequent Legislation-Change in Law and Regulations 55. Termination of Contract on death of Contractor 56. Deleted 57. Deleted 58. Jurisdiction clause � Deleted (refer clause 42) 59. Pollution Responsibility 60 Secrecy 61 Employment by Firm for Official of ONGC 62 Termination of Contract 63 Severability 64 Consequential Damages 65 Performance 66 Verification of Character & Antecedents of Contractual

Manpower 67 Statutory Requirements 68 ONGC�s right to question the amount claimed



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DEFINITIONS, INTERPRETATIONS, GENERAL RESPONSIBILITIES OF THE CONTRACTOR AND CLAUSES OF CONTRACT

Clause 1: Definitions & Interpretations

In construing these conditions, the Specifications, Schedule of Price and Contract Agreement etc the following words shall have the meaning herein assigned to them except where the subject or context otherwise requires.

�Corporation� means Oil and Natural Gas Corporation incorporated under Companies Act, 1956 having its Registered Office at Jeevan Bharati Tower-II, 124 Connaught Circus, New Delhi�110 001 & one of its Hazira office situated at Hazira Plant, ONGC, Bhatpore, Surat- 394518 �Project Manager� / �Engineer-In-Charge� (EIC) shall mean the person(s) designated to act for and on behalf of ONGC for execution of the work or other duties as may be assigned to him by ONGC.

�Contractor� shall mean

a. In the case of a Partnership firm: ��..and ��. trading as partners in the name and style of ��and having a place of business at �� and shall include the partners for the time being of the said firm and the legal representatives of a deceased partner.

b. In the case of individual Contractor : Shri ��

trading in the name and style of ��..and shall include his heirs, successors and legal successors and legal representatives.

c. In the case of Company �� a Company

incorporated under �� 19 �� and having its registered office at ��. and office at ��. ��. and shall include its successors and assignee.

�Site� shall mean the site of the contract works including any building and erections

thereon and any other land (inclusively) as aforesaid allotted by the Corporation for the Contractor�s use.

�Contract� shall mean the Articles of Agreement, the Special Conditions, the General Conditions, the Appendices, the Schedule of Price and Specifications etc attached hereto and duly signed. It shall mean a written CONTRACT signed between ONGC and the CONTRACTOR (the successful bidder) including subsequent amendments to the CONTRACT in writing thereto



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�Notice in writing� or �written notice� shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address or registered office of the addressee and shall be deemed to have been received when in the ordinary course of post it would have been delivered. �Act of Insolvency� shall mean any Act of Insolvency as defined by the Presidency Towns insolvency Act, or the Provincial Insolvency Act or any Act amending such original. CORPORATION/ONGC: Shall mean OIL & NATURAL GAS CORPORATION LTD., India and shall include its legal representatives, successors and permitted assignees. �Net Prices� � If in arriving at the contract amount, the Contractor shall have added to or deducted from the total amount of the items in the Tender any sum, either as a percentage or otherwise, then the net price of any item in the tender shall be the sum arrived at by adding to or deducting from the actual figure appearing in the Tender as the price of that item and similar percentage or proportionate sum provided always that in determining the percentage or proportion of the sum so added or deducted by the Contractor. The expression �net rates� or �net prices� when used with reference to the contract or amounts shall be held to mean rates or prices so arrived at.

�Works� means the permanent works described in the �Scope of Work� and /or to be executed in accordance with the Contract and includes materials, apparatus, equipments, fittings, and things of all kinds to be provided, the obligations of the Contractor hereunder and work to be done by the Contractor under the contract.

�Drawings� means drawing included or referred to in the tendering documents and any modification thereof approved in writing by the Corporation�s representative and any additional drawing which may from time to time be ordered, furnished or approved in writing by the Corporation�s representative or his authorized representative or required to be produced by the tenderer as per the provisions of tender. �Schedule of Price� means the Schedule of Quantities of items, materials and rates, summaries, etc as finally accepted. �Specification� means the specifications given in the Bid document including relevant CPWD specifications where so required and where such a specification is not available, the specification approved by the EIC.

�Temporary Works� means all temporary works of every kind required in or about the execution, completion or maintenance of the works.

�Constructional schedule� means a detailed Constructional Programme in the form of CPM network chart accepted by Corporation showing the sequence of operations together with the estimated time for each activity, including Construction, Erection,



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Testing etc to ensure adherence to the overall completion period as indicated in contract.

�Completion of the Works� means the completion of the whole of the works in all respects as evidenced by issuance of a Certificate of Completion and acceptance by the EIC in pursuance of Clause 8 of the General Conditions of Contract.

�Maintenance Period / Defect Liability Period / Performance Guarantee� shall mean the period of Twelve Months calculated from the date of completion of the works certified by the EIC. �Urgent Works� means any urgent works, which in the opinion of the EIC / Corporation becomes necessary at the time of execution and / or during the progress of work to obviate any risk of accident or failure or to obviate any risk of damage to the structure or services or required to accelerate the progress of work for which becomes necessary for safety & security or for any other reason, the EIC / Corporation may find it necessary. �Market Rate� means the rate as decided by the EIC / Corporation on the basis of cost of materials, labour involved etc at site inclusive of any tax, duty, octroi etc at the time of execution of work. �Approved� means approved in writing; �Approval� means approval in writing.

�Month� means calendar month.

�Week� means seven consecutive calendar days.

�Day� means a calendar day beginning and ending at 00 Hours and 24 consecutive hours respectively.

�Contract Value� means the total value of the tender as accepted by the Corporation.

�CPWD specifications� means �Volume-1 to Volume-7 of Central Public Works Department (CPWD) Specifications 1996, Government of India. �Third Party Inspection� means any person / agency which will inspect the work on behalf of the Corporation

Interpretations / marginal Note / Heading / Catch Lines.

The Marginal Notes, Headings and the catch lines hereto and in the annexure hereto are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents and the annexure hereto. The Contractor will have to carry out and complete the said work in every respect in accordance with this contract. Words imparting the singular only also include the plural and vice versa where the context requires.



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GROSS NEGLIGENCE

Shall mean 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,

WILLFUL 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

Clause 2: Language(s)

The language in which the Contract documents shall be drawn up shall be English only.

Clause 3: Errors, Omissions and Descriptions

a) In case of errors, omissions and/or disagreement between written and scaled

dimensions on the drawings or between the drawings and specifications etc, the following order of preferences shall apply.

i) Between scaled and written dimension (or description) on a drawing, the latter

shall be adopted.

ii) Between the written or shown description or dimensions in the drawings and the corresponding one in the specification, the former shall be taken as correct.

iii) Between the written description of the item in the specifications and descriptions in the Schedule of Price of the same item, the former shall be adopted. Between specifications and drawings, the latter shall prevail.

b) In case of difference between the rates written in figures and words, the rate in

words shall prevail.

c) Between the duplicate/subsequent copies of the tender and original tender, the original tender shall be taken as correct.

d) In all cases of omissions and/or doubts or discrepancies in any of the items or

specifications, a reference shall be made to the EIC whose elucidation, elaboration or decision shall be considered as authentic. The Contractor shall be held responsible for any error that may occur in the work through lack of such reference and precaution.



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Clause 4: Scope of Contract The Contract comprises the construction, completion and maintenance of the works and except in so far as the Contract otherwise stipulates the provision of all labour, materials, constructional plant, machinery temporary works and everything whether of a temporary or permanent nature required in and for such construction, completion and maintenance so far as necessary for providing the same as specified in or reasonably to be inferred from the Contract. Clause: 5 i) Notification of Award (NOA)

Before signing of the Contract, the Corporation shall issue by registered post or by otherwise depositing at the registered office of the Contractor, or by Fax or Letter of Notification of Award to enter into a Contract with the Contractor for the execution of the works in accordance with the contract. Until a formal contract agreement is prepared and executed, the tender together with the Corporation�s Notification of Award shall constitute a binding contract between the parties. ii) Contract Agreement The successful tenderer shall be bound to sign the contract within a maximum period of 30 days of issuance of Notification of Award of the Corporation. The successful tenderer shall sign an agreement in accordance with the draft agreement. Clause 6: Deleted Clause 7: Disruption of Progress The Contractor shall give adequate but not less than 2 (Two) weeks time written notice to the EIC whenever planning or progress of the Works is likely to be delayed or disrupted unless any further drawing or order, including a direction, instruction or approval, is required to be issued by the EIC. The notice shall include details of the drawing or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late. Clause 8: Further Drawings and Instructions The Contractor shall carry out and complete the said work in every respect in accordance with this Contract and with the directions of and to the satisfaction of the EIC. The EIC may in his absolute discretion and from time to time issue further drawings and/or written instructions, details, directions and explanations which are hereafter collectively referred to as �EIC�s Instructions� in regard to :



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a) The variation or modification of the design, quality or quantity of items of works or the addition or omission or substitution of any item.

b) Any discrepancy in the Drawings or between the Schedule of Price and/or

Drawings and/or Specifications. c) The removal from the site of any material brought thereon by the Contractor and

the substitution of any other material therefore. d) The removal and/or re-execution of any works executed by the Contractor. e) The dismissal from the works of any persons employed thereupon. f) The opening up for inspection of any work covered up. g) The amending and making good of any defects under Clause 34 of GCC.

The Contractor shall forthwith comply with and duly execute any work comprised such EIC�s instructions provided always that verbal instructions, directions and explanations given to the Contractor or his representative upon the works by the EIC shall, if involving a variation, be confirmed in writing by the Contractor within seven days, and if not dissented from in writing within a further seven days by the EIC, such shall be deemed to be EIC�s instructions within the scope of the Contract.

Clause 9: Duties of EIC

The duties of the EIC is to watch, monitor and supervise the works and to test and examine any materials to be used or workmanship employed in connection with the works and shall also check measurements and invoices, to order variation in quantity, extension of time limit and extra items. The EIC may from time to time in writing delegate to the EIC�s representative any of the powers and authorities vested in the EIC and shall furnish to the Contractor a copy of all such written delegations of powers and authorities. Any written instruction or approval given by the EIC�s Representative to the Contractor within the terms of such delegation (but not otherwise) shall bind the Contractor and Corporation as though it had been given by the EIC. If the Contractor shall be dissatisfied by reasons of any decision of the EIC�s Representative he shall be entitled to refer the matter to the EIC who shall thereupon confirm, reverse or vary such a decision.

Clause 10: Contractor�s General Responsibilities

The Contractor shall provide at his cost everything necessary for the proper execution of the works according to the intent and meaning of the Drawings, Schedule of Price, conditions in the contract and Specifications taken together with whether the same may or may not be particularly shown or described therein provided that the same can reasonably be inferred there from, and if the Contractor finds any discrepancy in the Drawings, Schedule of Price and Specifications etc, he



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shall immediately and in writing refer the same to the EIC. The successful tenderer is bound to carry out any items of work necessary for the completion of the job even though such items are not included in the quantities and rates. Instructions in respect of such additional items and their quantities will be issued in writing by the EIC. The Contractor must cooperate with the other contractors appointed by the Corporation so that the work shall proceed smoothly to the satisfaction of the EIC. The Contractor must bear in mind that all the work shall be carried out strictly in accordance with the Specifications as given in these documents and also in compliance of the requirements of the plant authorities� w.r.t safety and security and to the requirements of the EIC and no deviation on any account will be permitted.

Clause 11: Safety of Site Operations

The Contractor shall be fully responsible for the safety, stability and adequacy of all site operations and methods of construction including all temporary works, provided that the Contractor shall not be responsible, except as may be expressly provided in the Contract, for the design or specification of the permanent works. The Contractor shall be responsible for loss or damage to the property or the employees of the Corporation until the work is taken over by the Corporation in accordance with the contract conditions. The contractor shall also be responsible for any injuries and death to/of the personnel engaged in the work by the Contractor. Clause 12: Watching & Lighting

The Contractor shall in connection with the Works provide and maintain at his own cost adequate lights, guards, fencing, diversions, warning signs and watch & ward staff when and where necessary or as directed by the EIC or as directed by duly constituted authority for the protection of the works or for the safety and convenience of the public or others.

Clause 13: Compliance with Statutes, Regulations etc

The Contractor shall conform to the provisions of any Act of the legislature relating to the works and to the regulations and bye-laws of any authority, and of any water, electric supply and other companies and / or authorities with whose systems the structure is proposed to be connected, and shall, before making any variations from the drawings or Specifications that may be necessitated by so regulations, give to the EIC written notice, specifying the variation proposed to be made and the reason for making it and apply for instructions thereon. In case, the Contractor shall not within ten days receive such instructions, he shall proceed with the work conforming to the provisions, regulations, or bye-laws in question, and any variation so necessitated shall be dealt with under Clause 29 thereof. The Contractor shall bring to the attention of the EIC all notices required by the said Acts, regulations or bye-laws to be given to any authority and pay to such authority, or to any public office all fees that may be properly chargeable in respect of the works, and lodge the receipts with the EIC for verification and certification of payment, excluding the fees / deposits required for temporary services as referred in Special Condition of Contract Clause 8.



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Clause 14: Setting out

The Contractor shall set out the works and shall be responsible for the true and perfect setting out of the same and for the correctness of the positions, levels, dimensions and alignment of all parts thereof. If at any time any error in this respect shall appear during the progress of the works or within a period of one year from the completion of the works, the Contractor shall, if so required, at his own expense rectify such error to the satisfaction of the EIC. Clause 15: Obtaining Information related to execution of work

No claim by the Contractor for additional payment will be entertained which is consequent upon failure on his part to obtain correct information as to any matter affecting the execution of the works, nor will any misunderstandings or the obtaining of incorrect information or the failure to obtain correct information relieve him from any risks or from the entire responsibility for the fulfillment of the contract. Clause 16: Claims

The Contractor shall send to the EIC, for his approval, once in every month an account giving particulars as complete and fully detailed as required of all claims for any additional expenses claims, to which the Contractor may consider himself entitled and of all extra or additional / substituted work ordered by the EIC which he has executed during the preceding month as per the provisions under relevant Clauses of contract.

Clause 17: Security Deposit

The required contractor shall be to provide Security deposit equivalent to 10% of one year�s contract value as under Within 15 (fifteen) days of issue of NOA/LOI, the successful bidder shall furnish Security deposit in the form of a Performance Bank Guarantee for 5% of the Contract Value Balance 5% shall be retained from the running bills on prorata basis @10%. Failure of the successful Bidder to comply with the requirement above shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security as per clause 6.3.d of ITB. In case the EMD is deposited in the form of Demand Draft/ Pay order, the same shall be converted into security deposit. The balance amount of Security Deposit will be recovered in installments through deductions at the rate of 5% of the gross value of each monthly invoice till the total security deposit (equivalent to the 10% of the final amount of the contract value) is collected.



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Contractor can furnish the initial or total security deposit amount (a) through bank draft/ pay order or (b) through a bank guarantee from any Nationalized Bank / Scheduled Banks in the prescribed form as indicated in the tender document. Demand draft/ pay order will be in favour of ONGC Ltd Hazira payable at Surat. . If the contractor / sub-contractor or their employees shall break, deface or destroy the property belonging to the Corporation or other agencies during execution of the contract, the same shall be made good by the contractor at his own expense and in default thereof, the EIC may cause the same to be made good by other agencies and recover expenses from the security deposit of the contractor, for which the certificate of the EIC shall be final.

No interest shall be payable by Corporation for sums deposited as security deposit.

The security deposit will be refunded after the expiry of the period of liability as stipulated in the contract.

Whenever any claim against contractor for the payment of a sum of money arises out of or under the contract, Corporation shall be entitled to recover such sum by appropriating part or whole of the security deposit of the contract. In the event of the security being in-sufficient or if no security has been taken from the contractor then the balance or the total sum recoverable, as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the contractor. The contractor shall pay to the Corporation on demand any balance remaining due. Clause 18: Compensation for Delay

If the Contractor fails to maintain the required progress in terms of Clause 21 or to complete the work and clear the site on or before the contract or extended date of completion, he shall, without prejudice to any other right or remedy available under the law to the Corporation on account of such breach, pay as agreed Liquidated Damages (LD) calculated at the rate of ½ (half) per cent on the amount of contract value of the work for every week that the progress remains below that specified in Clause 21 or that the work remains incomplete.

Provided always that the total amount of LD for delay to be paid under this Condition shall not exceed 10% of the contract value.

The amount of LD may be adjusted or set-off against any sum payable to the Contractor under this or any other contract with the Corporation.

Clause 19: When Contract can be determined

Subject to other provisions contained in this Clause the EIC may, without prejudice to his any other right; or remedy against the Contractor in respect of any delay, inferior workmanship, any claims for damages and / or any other provisions of this contract



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or otherwise and whether the date of completion has or has not elapsed, by notice in writing absolutely determine the contract in any of the following cases:

i. If the Contractor having been given by the EIC a notice in writing to rectify,

reconstruct or replace any defective work or that the work is being performed in an inefficient or otherwise improper or un-workmanlike manner shall omit to comply with the requirement of such notice for a period of seven days thereafter.

ii. If the Contractor being a company shall pass a resolution or the Court shall make

an order that the Company shall be wound up or if a receiver or a Manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court of the creditor to appoint a receiver or a manager or which entitle the Court to make a winding up order.

iii. If the Contractor has, without reasonable cause, suspend the progress of the work

or has failed to proceed with the work with due diligence so that in the opinion of the EIC (which shall be final and binding) he will be unable to secure completion of the work by the date for completion and continues to do so after a notice in writing of seven days from the EIC.

iv. If the Contractor fails to complete the work within the stipulated date or items of

work with individual date of completion, if any, stipulated, on or before such date(s) of completion and does not complete them within the period specified in a notice given in writing in that behalf by the EIC.

v. If the Contractor persistently neglects to carry out his obligations under the

contract and/or commits default in complying with any of the terms and conditions of the contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the EIC.

vi. If the Contractor commits any acts mentioned in Clause 21.1 hereof.

When the Contractor has made himself liable for action under any of the cases

aforesaid, the EIC / ONGCs representative shall have powers:

a) To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the Contractor under the hand of the EIC shall be conclusive evidence). Upon such determination or rescission the full security deposit recoverable under the contract shall be liable to be forfeited and shall be absolutely at the disposal of the Corporation. If any portion of the Security Deposit has not been paid or received it would be called for and forfeited.

b) To employ labour paid by the Corporation and to supply materials to carry out the

work or any part of the work debiting the Contractor with the cost of the labour and the price of the materials (of the amount of which cost and price certified by the EIC shall be final and conclusive) against the Contractor and crediting him with the value of the work done in all respects in the same manner and at the same



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rates as if it had been carried out by the Contractor under the terms of his contract. The Certificate of the EIC as to the value of the work done shall be final and conclusive against the Contractor provided always that action under the sub-Clause shall only be taken after giving notice in writing to the contractor. Provided also that if the expenses incurred by the Corporation are less than the amount payable to the Contractor at his agreement rates, the difference shall not be paid to the Contractor.

c) After giving notice to the Contractor to measure up the work of the Contractor and to take such whole, or the balance or part thereof as shall be un-executed out of his hands and to give it to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him (of the amount of which excess the certificate in writing of the EIC shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by the Corporation under his contract or on any other account whatsoever or from his security deposit or the proceeds of sales thereof or a sufficient part thereof as the case may be. If the expenses incurred by the Corporation are less than the amount payable to the Contractor at his agreement rates, the difference shall not be paid to the Contractor.

In the event of anyone or more of the above courses being adopted by the EIC the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the contract. And in case action is taken under any of the provision aforesaid the Contractor shall not be entitled to recover or be paid any sum for any work thereof or actually performed under this contract unless and until the EIC has certified in writing the performance of such work and the value so certified.

Provided further that if any of the recoveries to be made, while taking action as per (b) and/or (c) above, are in excess of the Security Deposit forfeited, these shall be limited to the amount by which the excess cost incurred by the Corporation exceeds the Security Deposit so forfeited.

Clause 20: Contractor liable to pay compensation even if action not taken

under Clause 19

In any case in which any of the powers conferred upon the EIC by Clause 19 hereof shall have become exercisable and the same shall not be exercised, the non exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected. In the event of the EIC putting in force all or any of the powers vested in him under the preceding Clause he may, if he so desires after giving a



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notice in writing to the Contractor, take possession of (or at the sole discretion of the EIC which shall be final and binding on the Contractor) use as on hire (the amount of the hire money being also in the final determination of the EIC) all or any tools, plant, materials and stores, in or upon the works, or the site thereof belonging to the Contractor, or procured by the Contractor and intended to be used for the execution of the work/or any part thereof, paying or allowing for the same in account at the contract rate or, in the case of these not being applicable, at current market rates to be certified by the EIC whose certificate thereof shall be final, and binding on the contractor otherwise the EIC by notice in writing may order the Contractor or his clerk of the works, foreman or other authorized agent to remove such tools, plant, material or stores from the premises (within a time to be specified in such notice in the event of the contractor failing to comply with any such requisition, the EIC may remove them at the contractor�s expenses or sell them by auction or private sale on account of the Contractor and his risk in all respects and the Certificate of the EIC as to the expenses of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the Contractor.

Clause 21: Time and extension for delay The entire work is to be completed in all respects within 16 (Sixteen) months from 15th day of notification of award of work. The total period of 16 months includes 12 months (fixed) for maintenance period which shall commence immediately after the completion of the development phase. If required in the contract or as desired by the EIC, the Contractor shall complete certain portion of the work before completion of the entire work. However, the completion date for the work shall not change for the above. The time allowed for execution of the Works as specified above or the extended time in accordance with these conditions shall be the essence of the Contract. The execution of the works shall commence from the 15th Day of Notification of Award. If the Contractor commits default in commencing the execution of the work, as aforesaid Corporation shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the earnest money absolutely. 21.1 Rate of Progress As soon as possible after the Contract is concluded the Contractor shall submit a Time and Progress Chart and get it approved by the EIC. The Chart shall be prepared in direct relation to the time stated in the Contract documents for completion of items of the works. It shall indicate the forecast of the dates of commencement and completion of various trades of sections of the work and may be amended as necessary by agreement between the EIC and the Contractor within the limitations of time imposed in the Contract documents, and further to ensure good progress during the execution of the work, the Contractor shall in all cases in which the time allowed for any work, exceed one month complete 1/8th of the whole of work before 1/4th of



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the whole time allowed in the contract has elapsed 3/8th of the work before one half of such time has elapsed and 3/4th of the work before ¾th of such time has elapsed. 21.2 If the works be delayed by:

i) Force majeure, or ii) Abnormally bad weather, or iii) Serious loss or damage by fire, or iv) Civil commotion, local commotion, or v) Delay on the part of other contractors or tradesman engaged by the EIC in

executing work not forming part of the Contract, or vi) Non-availability of stores, which are the responsibility of Corporation to

supply, or vii) Non-availability or break down of tools and Plant to be supplied or

supplied by the Corporation, or viii) Any other cause, which, in the absolute discretion of the EIC, is beyond

the Contractor�s control.

Then upon the happening of any such event causing delay, the Contractor shall within 7 days give notice thereof in writing to the EIC but shall nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the EIC to proceed with the works.

21.3 Request for extension of time, to be eligible for consideration, shall be made

by the Contractor in writing within fourteen days of the happening of the event causing delay on the prescribed form. The Contractor may also, if practicable, indicate in such a request the period for which extension is desired.

21.4 In any such case the EIC may give a fair and reasonable extension of time for

completion of work. Such extension shall be communicated to the Contractor by the EIC in writing within 3 months of the date of receipt of such request. Non application by the Contractor for extension of time shall not be a bar for giving a fair and reasonable extension by the EIC and this shall be binding on the Contractor.

Clause 22: Measurements for work done



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The EIC shall, except as otherwise provided, ascertain and determine by measurement the value in accordance with the contract of work done. The Contractor shall, without extra charge, arrange all laborers, manpower, equipments necessary for taking measurements and recording levels. Except where any general or detailed description of the work expressly shows to the contrary, measurements shall be taken in accordance with the procedure, set forth in the specifications notwithstanding any provision in the relevant Standard Method of measurement or any general or local custom. In the case of items which are not covered by specifications, measurements shall be taken in accordance with the relevant standard method of measurement issued by the Bureau of Indian Standards and if for any item no such standard is available then a mutually agreed method shall be followed.

The Contractor shall give not less than seven days� notice to the EIC or his authorized representative, before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions thereof be verified before the same is covered up or placed beyond the reach of measurement and shall not cover up and place beyond reach of measurement any work without consent in writing of the EIC or his authorized representative in charge of the work who shall within the aforesaid period of seven days inspect the work, and if any work shall be covered up or placed beyond the reach of measurements without such notice having been given or the EIC consent being obtained in writing the same shall be uncovered at the Contractor�s expenses, or in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed. EIC or his authorized representative may cause either themselves or through another officer of the department to check the measurements recorded jointly or otherwise as aforesaid and all provisions stipulated herein above shall be applicable to such checking of measurement or levels. It is also a term of this contract that measurements of any item of work and/or its payment in the interim, on account or final invoice shall not be considered as conclusive evidence as to the sufficiency of any work or material to which it relates nor shall it relieve the contractor from liabilities from any over measurement or defects noticed till completion of the defects liability period.

Clause 23: Provisional Progressive Payments.

ONGC shall pay to the Contractor in consideration of satisfactory completion of all the works covered by the Scope of Work under the Contract the Contract Price as per the details and break-up of prices given in schedule of prices given in the contract. Payment shall be made in the currency or currencies given in the schedule of prices for the work executed as per the procedure. Adjustment to Contract Price, if any, shall be made in accordance with provisions of Contract.



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Payment Procedure

1. Pending completion of the whole Works, provisional progressive payments for the part of the Works executed by the Contractor shall be made on the basis of said work completed and certified by the Project Manager/Project Coordinator as per the milestone payment formula / detailed measurements of items executed taken jointly by the contractor and the Project Coordinator or their authorized representative. Such certification of the Work completed shall be made by the Project Coordinator 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 ONGC Performance Guarantee.

2. The Contractor shall submit invoice(s) once in each month along with four

copies, with all required supporting documents and details of the said work to ONGC Representative for certification of the said invoice, for approval of the amount payable and payment thereafter. Contractor shall submit separately a monthly invoice for Extra Work approved by ONGC.

All such provisional progressive payments shall be regarded as payment by way of advances against final payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any such interim payment, or any part thereof shall not in any respect conclude, determine or affect in any way powers of the EIC under the Contract or any of such payments be treated as final settlement and adjustment of accounts or in any way vary or affect the contract.

3. Full rates, as per agreement / supply order shall be allowed only if the quality of work done or supplies made conforms to the specification of that standard and under the agreement it is permissible to make a final payment. If the contract is determined, or an on account payment, if the contract is to run, on a part rate considered reasonable shall be allowed with due regard to the work remaining to be done and general terms of the agreement, after the part rate statement is approved from Project Manager.

4. ONGC shall arrange approval of the invoice (undisputed amount) and

payments within 21 (twenty one) calender days of receipt thereof after certification by the Project Coordinator in the event of the ONGC 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 certified invoice by the ONGC. The Contractor shall have the right to claim the payment of such amounts objected by ONGC in subsequent invoice after removal of cause of such objection.



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5. Within 21 calender days of the receipt of the invoice, the undisputed amount of each invoice so approved / certified, will be released for payment and remittance to the contractor.

6. Payment for amount objected to by ONGC as referred above, shall be made

in accordance with provision when the objection has been removed /settled and the Contractor submits fresh invoice for the same.

7. Invoice for Extra Work / Change order: 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 ONGC in writing. Payment against all these Change Orders / Extra Works shall be made by ONGC after approval of Change Order, as per Standard payments terms & conditions.

8. For change in duties/Taxes under change in law by ONGC, Invoice on

account of change in duties/taxes under change in law, shall be submitted by the Contractor after payment of all duties/taxes along with necessary supporting documents in a single invoice.

9. All payment to the contractor shall be made through ECS/EFT/RTGS System

by ONGC as per the bank account details mentioned in the Mandate Form (Appendix 11) submitted by the contractor. The fund transfer charges, if any, will be born by the contractor

10. ONGC shall also inform in writing to the Contractor the details of remittance

i.e. amount and date. Bank charges of bank(s) in India shall be borne by ONGC whereas bank charges of bank(s) in Contractor's designated locations, if any, shall be borne by Contractor

11. In the event of ONGC noticing at any time that any amount has been

disbursed wrongly to the Contractor or any other amount is due from the Contractor to ONGC, ONGC 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. Details of such recovery if any will be intimated to the Contractor. The Contractor shall receive payment of undisputed amount under subsequent invoice for any amount that has been omitted in previous invoice by mistake on the part of ONGC or the Contractor.

12. The original invoice should also accompany the following documents/details:

(An indicative list of documents is given below. Tender Committee should deliberate on the same and select the appropriate documents as applicable for the respective case and incorporate the same suitably in the Bid document / Contract, after making necessary additions/deletions.)



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A. Alongwith first invoice:

Following documents / details should be invariably furnished alongwith the first invoice:

a) Copy of valid registration certificate under the Service Tax rules. b) Particulars required for making payments through �Electronic Payment

Mechanism�, in accordance with the clause on �MODE OF PAYMENT� appearing in �Instructions to bidders� of bid document.

c) Insurance policies as required as per contract. d) Mobile No. (Optional). e) e-mail ID.

B. Periodical / Monthly payment:

a) Invoice (i.e. Tax invoice as per relevant Service Tax rules, in original

and duplicate, clearly indicating Service Tax registration number, Service Classification, Rate and amount of Service Tax shown separately).

b) Details of statutory payments like EPF and ESI (as per clause 36 (B) (vi) below), etc., (As applicable).

c) Undertaking by the contractor regarding compliance of all statutes. d) Certificate by the contractor stating that labour have been paid not less

than minimum wages. (As applicable) e) Any other document specifically mentioned in the Contract, or

supporting documents in respect of other claims (if any), permissible under the Contract.

Clause 24: Completion Certificate and Completion Plans

Within ten days of the completion of the work, the Contractor shall give notice of such completion to the EIC and within thirty days of the receipt of such notice the EIC shall inspect the work and if there is no defect in the work shall furnish the contractor with a final Certificate of Completion, otherwise a provisional Certificate of physical completion indicating defect (a) to be rectified by the contractor and/or (b) for which payment will be made at reduced rates, shall be issued. But no final Certificate of completion shall be issued, nor shall the work be considered to be complete until the Contractor shall have removed from the premises on which the work shall be executed all surplus and residual materials from the site, rubbish, filled up the pits excavated and all huts and sanitary arrangements required for his/their work people on the site in connection with the execution of the works as shall have been erected or constructed by the contractor(s) and made the site good from diversions etc, in upon, or about which the work is to be executed or of which he may have had possession for the purpose of the execution thereof, and not until the work shall have been measured by the EIC. If the Contractor shall fail to comply with the requirements of this Clause as aforesaid on or before the date fixed for the



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completion of work, the EIC may, at the expense of the Contractor remove such scaffolding surplus materials and rubbish etc and dispose of the same as he thinks fit and clean off such dirt as aforesaid and the Contractor shall have no claim in respect of scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

Clause 25: Payment of Final Invoice The final invoice shall be submitted by the Contractor in the same manner as specified in interim invoices within three months of physical completion of the work or within one month of the date of the final certificate of completion furnished by the EIC whichever is earlier. No further claims shall be made by the Contractor after submission of the final invoice and these shall be deemed to have been waived and extinguished. Payments of those items of the invoice in respect of which there is no dispute and of items in dispute, for quantities and rates as approved by the EIC, will, as far as possible be made within a period of 6 (six) months reckoned from the date of the receipt of the invoice by the EIC or his authorized representative, complete with account of materials issued by the Corporation and dismantled material, if any. All payments by the Corporation to the contractor (under clause 23 & clause 24) shall be made through account payee Cheques and shall be sent to contractor�s address through registered post. ONGC, Hazira is in the process of introducing payments through ECS/EFT System. If, at any time before the award of the contract or during the currency of the contract, such a system is implemented at ONGC Hazira, the contractor would be required to inform its bank account details like account number, name of the Bank, Branch code etc so that the payment due may be released through ECS/EFT System.

Clause 26: Materials to be provided by the Contractor and testing thereof

The Contractor shall, at his own expense, provide all materials, required for the works other than those, which are stipulated, to be supplied by the Corporation. The Contractor shall, at his own expense and without delay; supply to the EIC samples of materials to be used on the work and shall get these approved in advance. All such materials to be provided by the Contractor shall be in conformity with the specifications laid down or referred to in the Contract. The Contractor shall, if requested by the EIC furnish proof, to the satisfaction of the EIC that the materials so comply. The EIC shall within fifteen days of supply of samples or within such further period as he may require intimate to the Contractor in writing whether samples are approved by him or not. If samples are not approved, the Contractor shall forthwith arrange to supply to the EIC for his approval fresh samples complying with the specifications laid down in the contract. When materials are required to be tested in accordance with specifications, approval of the EIC shall be issued after the test results are received.



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The Contractor shall at his risk and cost submit the samples of materials to be tested or analyzed and shall not make use of or incorporate in the work any materials represented by the samples until the required tests or analysis have been made and materials finally accepted by the EIC. The Contractor shall not be eligible for any claim or compensation either arising out of any delay in the work or due to any corrective measures required to be taken on account of and as a result of testing of materials.

The Contractor shall, at his risk and cost, make all arrangements and shall provide all facilities as the EIC may require for collecting, and preparing the required number of samples for such tests at such time and to such place or places as may be directed by the EIC and bear all charges and cost of testing unless specifically provided for otherwise elsewhere in the contract or specifications. The EIC or his authorized representative shall at all times have access to the works and to all work shops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the works and the Contractor shall afford every facility and every assistance in obtaining the right to such access. The EIC shall have full powers to require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default the EIC shall be at liberty to employ at the expense of the Contractor, other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such materials. The EIC shall also have full powers to require other proper materials to be substituted thereof and in case of default the EIC may cause the same to be supplied and all costs which may attend such removal and substitution shall be borne by the Contractor.

Clause 27 (A): Secured Advance� Deleted

Clause 27 (B): Mobilization Advance � Deleted

Clause27 (C): Payment due to Increase / Decrease in prices / wages - Deleted

Clause 27 (D): Dismantled material � Corporation�s property

The Contractor shall treat all materials obtained during dismantling of a structure, excavation of the site for a work, etc as Corporation�s property and such materials shall be disposed off to the best advantage of Corporation according to the instruction in writing issued by the EIC. Clause 28: Work to be executed in accordance with specifications, drawings,

orders etc

The Contractor shall execute the whole and every part of the work in the most substantial and workmanlike manner both as regards materials and otherwise in every respect in strict accordance with the specifications. The Contractor shall also conform exactly, fully and faithfully to the instructions in writing in respect of the work



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assigned by the EIC. The Contractor shall be furnished free of charge one copy of the contract documents together with specifications and drawings. The contractor shall arrange a copy of the required PWD specifications, CPWD specifications, any Bureau of Indian Standard, any other published standard or code or Schedule or Rates or any other printed publication as and when required as advised by the EIC. The Contractor shall comply with the provisions of the contract and with the care and diligence execute and maintain the works and provide all labour and materials, tools and plants including for measurements and supervision of all works, structural plans and other things of temporary or permanent nature required for such execution and maintenance in so far as the necessity for providing these, is specified or is reasonably inferred from the contract. The Contractor shall take full responsibility for adequacy, suitability and safety of all the works and methods of construction.

Clause 29: Deviations / Variations � Extent and pricing

The EIC shall have power (i) to make alteration in, omission from, additions to, or substitution for the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the work, and (ii) to omit a part of the works in case of non-availability of a portion of the site or for any other reasons and the Contractor shall be bound to carry out the works in accordance with any instructions given to him in writing signed by the EIC and such alterations, omissions, additions or substitutions shall form part of the Contract as if originally provided therein and any altered, additional or substituted work which the Contractor may be directed to do in the manner specified above as part of the works, shall be carried out by the Contractor.

29.1 The quantities of various items mentioned in this contract are only indicative

and variation / deviation in the quantities to any extent shall have to be carried out by the Contractor as instructed by EIC. The rates payable for variation in quantities upto 25% in respect of individual items in the contract shall be as per the contract rates. The rates payable for variation in quantities in excess of 25% in respect of individual items shall be worked out at Market rates prevailing at the time of commencement of execution of that item.

29.2 Extra Items of the work are items, which are completely new and in addition to

the items in the contract. The rates for the extra items shall be worked out at market rates prevailing at the time of commencement of execution of these items.

29.3 Substituted items are items, which are taken up in lieu of those already

provided in the contract. For substituted items, the agreement rate of the original item will be adjusted for the difference in market rates (prevailing at the time of commencement of execution of these items) of original and substituted items.



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29.4 The Contractor shall send to the EIC once every month an up to date account giving complete details of all claims for additional payments to which the Contractor may consider himself entitled and of all additional work ordered by the EIC which he has executed during the preceding month failing which the Contractor shall be deemed to have waived his right. However, the EIC may authorize consideration of such claims on merits.

29.5 The time for completion of the works shall, in the event of any deviations

resulting in additional cost over the tendered value sum being ordered, be executed, if requested by the Contractor, as follows :

i) In the proportion which the additional cost of the altered, additional or

substituted work, bears to the original tendered value plus ii) 25% of the time calculated in (i) above or such further additional time as

may be considered reasonable by the EIC.

29.6 Under no circumstances, the Contractor shall suspend or slow on construction, on the plea of non-settlement of the rates of items covered under this Clause.

29.7 Any operation incidental to or necessarily has to be in contemplation of

tenderer while filling tender, or necessary for proper execution of the item included in the Schedule of Quantities whether or not, specifically indicated in the description of the item and the relevant specifications, shall be deemed to be included in the rates quoted by the tenderer as the case may be. Nothing extra shall be admissible for such operations

Clause 30: Foreclosure of Contract due to abandonment or reduction in scope

of work

If at any time after acceptance of the tender Corporation shall decide to abandon/reduce the scope of the works for any reason whatsoever and hence not require the whole or any part of the work to be carried out, the EIC shall give notice in writing to that effect to the Contractor and the Contractor shall act accordingly in the matter. The Contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the works in full but which he did not derive in consequence of the foreclosure of the whole or part of the works. The Contractor however shall be paid at Contract rate full amount for works executed at site.

Clause 31: Cancellation of Contract in full or part: deleted

Clause 32: Suspension of work

i) The Contractor shall, on receipt of the order in writing of the EIC, (whose

decision shall be final and binding on the Contractor) suspend the progress of the works or any part thereof for such time and in such manner as the EIC



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may consider necessary so as not to cause any damage or injury to the work already done or endanger the safety thereof for any of the following reasons :

a) On account of any default on the part of the contractor or

b) For improper execution of the works or part thereof for reasons other than the

default of the Contractor, or

c) For safety of the works or part thereof.

The Contractor shall, during such suspension, properly protect and secure the works to the extent necessary and carry out the instructions given in that behalf by the EIC.

ii) If the suspension is ordered for reasons (b) and (c) in sub para (i) above the

Contractor shall be entitled to an extension of time equal to the period of every such suspension Plus 25%, for completion of the item or group of items of work for which a separate period of completion is specified in the contract and of which the suspended work forms a part.

iii) If the works or part thereof is suspended on the orders of the EIC for more

than three months at a time, except when suspension is ordered for reason (a) in sub-para (i) above, the Contractor may after receipt of such order serve a written notice on the EIC requiring permission within fifteen days from receipt by the EIC of the said notice to proceed with the work/a part thereof in regard to which progress has been suspended and if such permission is not granted within that time, the Contractor, if he intends to treat the suspension, where if affects whole of the works, as an abandonment of the works by Corporation, shall within ten days of expiry of such period of 15 days give notice in writing of his intention to the EIC. In the event of the Contractor treating the suspension as an abandonment of the contract by Corporation, he shall have no claim to payment of any compensation on account of any profit or advantage which he might have derived from the execution of the work in full but which he could not derive in consequence of the abandonment

Clause 33: Action in case of work not done as per specifications All works under or in course of execution or executed in pursuance of the contract shall at all times be open and accessible to the inspection and supervision of the EIC, his authorized subordinates in charge of the work and all the superior officers, Third Party Inspectors, officer of the Quality Control Organization of the Corporation and of the Chief Technical Examiner�s office, and the contractor shall at all times, during the usual working hours and at all other times at which reasonable notice of the visit of such officers has been given to the Contractor, either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing, present



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for that purpose. Orders given to the Contractor�s agent shall be considered to have the same force as if they had been given to the Contractor himself.

If it shall appear to the EIC or his authorized Site-in-Charge of the work or to the Engineer of Quality Control or his subordinate officers or to the Chief Technical Examiner that any work has been executed with unsound, imperfect, or unskillful workmanship, or with materials or articles provided by him for the execution of the work which are unsound or of a quality inferior to that contracted or otherwise not in accordance with the contract the Contractor, shall on demand in writing which shall be made within six months of the completion of the work from the EIC specifying the work, materials or articles complained of notwithstanding that the same may have been passed, certified and paid for forthwith rectify, or remove and reconstruct the work so specified in whole or in part, as the case may require or as the case may be, remove the materials or articles so specified and provide either proper and suitable materials or articles at his own charge and cost. In the event of his failing to do so within a period specified by the EIC in his demand aforesaid, then the contractor shall be liable to pay compensation at the same rate as under Clause 18 of the contract (for non-completion of the work in time) for this default. In such case the EIC may not accept the item of work at the rates applicable under the contract but may accept such items at reduced rates as the competent authority may consider reasonable during the preparation of monthly invoices or final invoice if the item is so acceptable without detriment to the safety and utility of the item and the structure or he may reject the work outright without any payment and/or get it and other connected and incidental items rectified or removed and re-executed at the risk and cost of the Contractor. If the monthly invoices and the final invoice of the contractor have already been passed and paid against this contract, such deductions shall be made by ONGC from the Security deposit available or any other sums due to the contractor under any other contract/job. Decision of the EIC to be conveyed in writing in respect of the same will be final and binding on the Contractor.

Clause 34: Contractor liable for damages, defects during Maintenance Period

If the Contractor, his working people or servants shall break, deface, injure or destroy anything on which they may be working, or any building, road curb, fence, enclosure, water pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or cultivated ground contiguous to the premises on which the work or any part is being executed, or if any damage shall happen to the work while in progress, from any cause whatever the Contractor shall upon receipt of a notice in writing on that behalf make the same good at his own expense or in default the EIC may cause the same to be made good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may become due to the Contractor, or from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof.



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There shall not be any warranty period for this work. Hence the security deposit of the Contractor shall be refunded along with the final bill and no security deposit shall be deducted in the final bill. (PARA � DELETED) Notwithstanding anything mentioned in Clause 33 above, the Contractor shall stand guarantee for the entire work for a period of 12 (Twelve) Months from the certified date of completion. If any defect appear in the work within Twelve Months from the certified date of completion, as aforesaid arising out of defect or improper materials or workmanship, the Contractor shall upon receipt of a notice in writing on that behalf, make the same good at his own expense within the period as specified by the EIC in his notice or in default the EIC may cause the same to be made good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may become due to the Contractor, or from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof and the decision of the EIC in this regard shall be final and binding on the contractor. The security deposit of the Contractor shall not be refunded before the expiry of 12 months (Twelve months) from the certified date of completion. (PARA � DELETED) Clause 35: Contractor to supply tools and plants The Contractor shall provide at his own cost all materials, plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding and temporary works required for the proper execution of the work, whether original, altered or substituted and whether included in the specification or other documents forming part of the contract or referred to in these conditions or not, on which may be necessary for the purpose of satisfying or complying with the requirements of the EIC as to any matter as to which under these conditions he is entitled to be satisfied, or which he is entitled to require together with carriage therefore to and from the work. The Contractor shall also supply without charge the requisite number of persons with the means and materials, necessary for the purpose of setting out works, and counting, weighing and assisting the measur ement for examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the EIC at the expense of the Contractor and the expenses may be deducted from any money due to the contractor under this contract or otherwise and/or from his security deposit or the proceeds of sale thereof, or of a sufficient portions thereof. Clause 35 A: Recovery of compensation paid to workman

In every case in which by virtue of the provisions sub-section (i) of Section 12, of the Workmen�s Compensation Act, 1923, Corporation is obliged to pay compensation to a workman employed by the Contractor, in execution of the works, Corporation will recover from the Contractor the amount of the compensation so paid; and, without prejudice to the rights of the Corporation under sub-section (2) of Section 12, of the said Act, Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Corporation to the Contractor whether under this contract or otherwise. Corporation shall not be bound



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to contest any claim made against it under sub-section (1) section 12 of the said Act, except on the written request of the Contractor and upon his giving to Corporation full security for all cost for which Corporation might become liable in consequence of contesting such claim.

Clause 35 B: Ensuring payment and amenities to workers if Contractor fails

In every case in which by virtue of the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central Rules, 1971, Corporation is obliged to pay any amounts of wages to a workman employed by the Contractor in execution of the works, or to incur any expenditure in providing welfare and health amenities required to be provided under the above said Act and the rules under Clause 19H or under the Rules framed by Corporation from time to time for the protection of health and sanitary arrangements for workers employed by Contractors Corporation will recover from the contractor the amount of wages so paid or the amount of expenditure so incurred, and without prejudice to the rights of the Corporation under sub-section (2) of Section 20, and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition) Act, 1970, Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Corporation to the Contractor whether under this contract or otherwise Corporation shall not be bound to contest any claim made against it under Sub-section (1) of Section 20, Sub-section (4) of Section 21, of the said Act, except on the written request of the Contractor and upon his giving to the Corporation full security for all costs for which Corporation might become liable in contesting such claim.

Clause 36: Labour Laws to be complied by the Contractor

The Contractor shall obtain a valid license under the Contract Labour (R&A) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971, before the commencement of the work, and continue to have a valid license until the completion of the work. Any failure to fulfill this requirement shall attract the penal provisions of this contract arising out of the resultant non-execution of the work. Clause 36 A No labour below the age of eighteen years shall be employed on the work. Clause 36 B: Payments of wages:

i) The contractor shall pay to his workmen, employed by him not less than

minimum wages fixed by the appropriate labour authority from time to time. ii) The contractor shall comply with the provision of all applicable laws including

labour laws, regulations and notifications, including:



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a) The contract Labour (R&A) Act, 1970 b) Minimum Wage Act, 1948 c) Employees PF & Miscellaneous Provisions Act. 1952 d) ESI Act 1948 e) The Maternity benefit Act, 1961 f) Inter State Migrant Workmen Act, 1979 g) Payment of Bonus Act, 1965 h) Payment of Gratuity Act, 1972 i) Payment of Wages Act, 1936 & Workmen�s Compensation Act, 1923 j) Industrial Dispute Act, 1947 k) The Factories Act, 1948 and The Gujarat Factories Rules, 1963 (if

applicable) Issued thereunder frim time to time by the Central or State or Local authority if applicable to him and to the contract labours employed by him or to thic contract from time to time and shall submit documentary evidence in this regard to the entire satisfaction of ONGC.

iii) Payment of wages: The contractor shall make payment of wages not less than

minimum wages fixed by the Central Labour Authority / State Labour Authority, which ever is higher, to his workmen employed under this contract on or before 7th of each month by way of cheque or cash in the presence of Principal Employer or his authorized representative, and shall maintain payment of wage register and submit the proof of the same along with the monthly bill failing which payment against the bill shall not be released.

iv) Payment of three National Holidays Viz 26th January, 15th August and 2nd

October: The contractor shall make double payment of daily wages to the workmen actually performing the duty on the above mentioned three holidays.

v) Payment of Bonus: The contractor shall make payment of bonus for the

completed months of the contract, as per Payment of Bonus Act, 1965.

vi) Employees Provident Fund: 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: a. Dully filled in �Proforma-PFD�, as per Appendix-B-5, along with the monthly bills

and copies of challan for payment of EPF and ESI etc. b. Copy of �Form-12� submitted by the Contractor to the PF Commissioner regarding

�statement of Contributions �on monthly basis.(Blank Format enclosed at Appendix-B-6 or downloaded copy from PF website (online) in lieu of the same.



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c. Copy of �Form-6A� submitted by the Contractor to the PF Commissioner on an annual basis/ on expiry of contract.(Blank Format enclosed at Appendix-B-7 or download copy from website of EPFC in lieu of the same.

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 etc.) in the Corporation, shall verify from the EPF/ESI authorities the details/status of the payment made by the Contractor. In case the information furnished by the Contractor is found to be incorrect the Corporation shall take appropriate action against the Contractor. Note: Conditions for applicability of above provisions Above clause w.r.f. 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) Fulfillment 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 whrein the contractor has employed only those of his employees whose pay exceeds Rs. 6500/- per month. 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 to Rs. 6500/- per month.

(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 to Rs. 15000/- per month. Further, ESI Act, 1948 is applicable only 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



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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 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.

vii) The contractor shall maintain the record of attendance and make payment of leave with wages in respect of his workmen, as per Factories Act

viii)In case, the contractor engages his workmen on extra hours of duty, he shall pay

wages at the rate of twice of his ordinary rate of wages.

ix) The Contractor shall, notwithstanding the provisions of any contract to the contrary, cause to be paid fair wage to labour indirectly engaged on the work, including any labour engaged by his sub-contractors in connection with the said work, as if the labour had been immediately employed by him.

x) a) The EIC concerned shall have the right to deduct from the moneys due to

the contractor any sum required or expected to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the contract for the benefit of the workers, non-payment of wages or of deductions made from his or their wages which are not justified by their terms of the contract or non-observance of the Regulations.

The contractor shall pay leave with wages to the contractual workers as per

factories act�1948 and maintain register of the same.

xi) The Contractor shall indemnify and keep indemnified Corporation against payments to be made under and for the observance of the laws aforesaid without prejudice to his right to claim indemnity from his sub-contractors.

xii) The laws aforesaid shall be deemed to be part of his contract and any breach

thereof shall be deemed to be a breach of this contract.

xiii) Whatever is the minimum wage for the time being, or if the wage payable is higher than such wage, such wage shall be paid by the Contractor to the workmen directly without the intervention of Jamadar and that Jamadar shall not be entitled to deduct or recover any amount from the minimum wage payable to the workmen as and by way of commission or otherwise.

xiv) The Contractor shall ensure that no amount by way of commission or otherwise

is deducted or recovered by Jamadar from the wage of workmen.

xv) Accident risk responsibility for his employees engaged by him will be covered by the contractor with suitable insurance and indemnity to ONGC. ONGC will not be responsible for loss of life, material etc. to contractor�s crew member or



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to a third party due to contractor�s negligence. Compensation on this account will be borne by contractor. If the contractor fails to pay compensation to the workmen or to the third party, ONGC can pay to the workmen from the security deposit of the contractor/ any payment due to him. The Contractor should submit a copy of the insurance to ONGC as a proof of the same.

Clause 36 C

In respect of all labour directly or indirectly employed in the work for the performance of the contractor�s part of this contract, the Contractor shall at his own expense arrange for all safety provisions as per Safety Policy of Hazira Plant framed from time to time and shall at his own expense provide for all facilities in connection therewith. In case the Contractor fails to make arrangement and provide necessary facilities as aforesaid he shall be liable to pay a penalty of Rs. 2000.00 (Rupees Two Thousand Only) for each default and in addition the EIC shall be at liberty to make arrangements and provide facilities as aforesaid and recover the costs incurred in that behalf from the Contractor.

Clause 36 D

The Contractor shall submit by the 4th and 19th of every month, to the EIC a true statement showing in respect of the second half of the preceding month and the first half of the current month respectively.

1. the number of laborers employed by him on the work,

2. their working hours 3. the wages paid to them 4. the accidents that occurred during the said fortnight showing the circumstances

under which they happened and the extent of damage and injury caused by them, and

5. The number of female workers who have been allowed maternity benefit according to Clause 36F and the amount paid to them.

Failing which the contractor shall be liable to pay to Corporation a sum of Rs. 2000.00 (Rupees Two Thousand Only) for each default or materially incorrect statement. The decision of the EIC shall be final in deducting from any invoice due to the contractor the amount levied as fine and be binding on the contractor.

Clause 36 E

In respect of all labour directly or indirectly employed in the works for the performance of the Contractor�s part of this contract, the Contractor shall comply with or cause to be complied with all the rules framed by Corporation from time to



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time for the protection of health and sanitary arrangements for workers employed by the Contractor.

Clause 36 F

Leave and pay during leave shall be regulated as follows:

Pay

i) in the case of delivery � leave pay during maternity leave will be at the rate of

the women�s average daily earnings, calculated on total wages earned on the days when full time work was done during a period of three months immediately preceding the date on which she gives notice that she expects to be confined or at the rate of Rupee one only a day whichever is greater.

ii) In the case of miscarriage � leave pay at the rate of average daily earning

calculated on the total wages earned on the days when full time work was done during a period of three months immediately preceding the date of such miscarriage.

Conditions for the grant of Maternity Leave.

No maternity leave benefit shall be admissible to a woman unless she has been employed for a total period of not less than six months immediately preceding the date on which she proceeds on leave.

The Contractor shall maintain a register of Maternity (Benefit) in the Prescribed

Form as shown in Annexure � I and II, and the same shall be kept at the place of work.

Clause 36 G

In the event of the Contractor committing a default of breach of any of the provisions of Labour Regulations and Model Rules for the protection of health and sanitary arrangements for the workers as amended from time to time or furnishing any information or submitting or filing any statement under the provisions of the above Regulations and Rules which is materially incorrect, he/they shall, without prejudice to any other liability, pay to the Corporation a sum not exceeding Rs. 2,000 (Rupees Two Thousand Only) for every default, breach or furnishing, making, submitting, filing such materially incorrect statements and in the event of the Contractor defaulting continuously in this respect, the penalty may be enhanced to Rs. 2,000.00 (Rupees Two Thousand Only) per day for each day of default subject to a maximum of 5 per cent of the contract value of the work put to tender. The decision of the EIC shall be final and binding on the parties.

Should it appear to the EIC that the Contractor is not properly observing and complying with the provisions of the Labour Regulations and Model Rules and the



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provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (R&A) Central Rules 1971, for the protection of health and sanitary arrangements for work people employed by the Contractor (hereinafter referred as �the said Rules�) the EIC shall have power to give notice in writing to the Contractor requiring that the said Rules be complied with and the amenities prescribed therein be provided to the work people within a reasonable time to be specified in the notice. If the Contractor shall fail within the period specified in the notice to comply with and/observe the said Rules and to provide the amenities to the work people as aforesaid, the EIC shall have the power to provide the amenities hereinbefore mentioned at the cost of the Contractor. The Contractor shall erect, make and maintain at his/their own expense and to approved standards all necessary huts and sanitary arrangements required for his their work-people on the site in connection with the execution of the works, and if the same shall not have been erected or constructed, according to approved standards, the EIC shall have power to give notice in writing to the Contractor requiring that the said huts and sanitary arrangements be remodeled and/or reconstructed according to approved standards, and if the contractor shall fail to remodel or reconstruct such huts and sanitary arrangements according to approved standards within the period specified in the notice, the EIC shall have the power to remodel or reconstruct such huts and sanitary arrangements according to approved standards at the cost of the Contractor.

Clause 36- H The EIC may require the Contractor to dismiss or remove from the site of the work any person or persons in the Contractor employ upon the work who may be incompetent or misconduct himself and the contractor shall forthwith comply with such requirements.

Clause 37: Minimum Wages Act to be complied with Deleted Clause 38: Work not to be sublet. Action in case of insolvency

The Contract shall not be assigned or sublet without the written approval of the EIC. And if the Contractor shall assign or sublet his contract, or attempt to do so, or become insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or if any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise, shall either directly or indirectly, be given, promised or offered by the Contractor, or any of his servants or agent to any public officer or person in the employ of Corporation in any way relating to his office or employment, or if any such officer or person shall become in any way directly or indirectly interested in the Contractor, the EIC shall have power to adopt any of the courses specified in Clause 19 hereof as he may deem best suited to the interest of Corporation and in the event of any of these courses being adopted the consequences specified in the said Clause 19 shall ensue.



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Clause 39: Reasonable Compensation All sums payable by way of compensation under any of the conditions shall be considered as reasonable compensation to be applied to the use of Corporation without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.

Clause 40: Changes in firm�s constitution to be intimated Where the Contractor is a partnership firm, the previous approval in writing of the EIC shall be obtained before any change is made in the constitution of the firm. Where the contractor is an individual or a Hindu Undivided Family business concern such approval as aforesaid shall likewise be obtained before the contractor enters into any partnership agreement where-under the partnership firm would have the right to carry out the works hereby undertaken by the Contractor. If previous approval as aforesaid is not obtained, the contract shall be deemed to have been assigned in contravention of Clause: 38 hereof and the same action may be taken, and the same consequences shall ensue as provided in the said Clause 38. Clause 41: Direction and approval of the EIC

All works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the EIC who shall be entitled to direct at what points and in what manner they are to be commenced and from time to time carried on. Clause 42: JURISDICTION AND APPLICABLE LAWS

All questions, disputes or differences arising under, out of or in connection with the agreement shall be governed by the laws of India (both substantive and procedural) for the time being in force and shall be subject to exclusive jurisdiction of the Indian Courts (the place where the CONTRACT is signed in India.) i.e. at Surat and is subject to clause 43. Clause 43: ARBITRATION & CONCILLIATION: 43.1 Resolution of disputes through conciliation by OEC (Not applicable in cases valuing less than Rs 5 lakhs): 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:

1. The party desirous of resorting to conciliation shall send a notice of 30 (thirty) days to the other party of its intention of referring the dispute for resolution through OEC. The notice invoking conciliation shall specify all the points of



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disputes with details of the amount claimed to be referred to OEC and the party concerned shall not raise any new issue thereafter.

2. CMD, ONGC shall nominate three outside experts, one each from Financial/commercial, Technical and Legal fields from the Panel of Outside Experts maintained by ONGC who shall together be referred to as OEC (Outside Experts Committee).

3. Parties shall not claim any interest on claims/counterclaims from the date of notice invoking conciliation till execution of settlement agreement, if so arrived at. In case, parties are unable to reach a settlement, no interest shall be claimed by either party for the period from the date of notice invoking conciliation till the date of OEC recommendations in any further proceeding.

4. The Proceedings of the OEC shall be broadly governed by Part III of the Arbitration and Conciliation Act, 1996 including any modifications thereof.

5. OEC shall hear both the parties and recommend possible terms of settlement between the parties. The recommendations of OEC shall be non-binding and the parties may decide to accept or not to accept the same. Parties shall be at liberty to accept the OEC recommendation with any modification they may deem fit.

6. Where recommendations are acceptable to both the parties, a settlement agreement will be drawn up in terms of the OEC recommendations or with such modifications as may be agreed upon by the parties. The settlement agreement shall be signed by both the parties and authenticated by all the OEC members either in person or through circulation. This settlement agreement shall have the same legal status and effect as that of an arbitration award on agreed terms on the substance of the dispute rendered by an arbitral tribunal under Section 30 of the Arbitration and Conciliation Act, 1996.

7. The parties shall keep confidential all matters relating to the conciliation proceedings. Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.

8. The parties shall not rely upon or introduce as evidence in any further arbitral or judicial proceedings, 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.

9. The parties shall present their case before OEC only through their in-house executives. Neither party shall be represented by a lawyer unless OEC specifically desires that some issue of legal nature is in dispute that needs to be clarified / interpreted by a lawyer.

10. OEC members shall be entitled for the following fees and facilities:



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SI No

Fees/ Facility Entitlement To be paid by

1 Fees Rs. 10,000 per meeting subject to maximum of Rs. 1,00, 000 for the whole case. In addition, one OEC member chosen by OEC shall be paid an additional amount of Rs. 10,000 towards secretarial expenses in writing minutes / OEC recommendations.

Claimant

2 Additional Fee for Attending meeting to authenticate the settlement agreement

Rs. 10,000/-. Claimant

3 Transportat ion in the city of the meeting

Luxury car or Rs. 1,500 per day. Claimant

4 Venue for meeting

ONGC conference rooms/Hotels ONGC

Facilities to be provided to the out -stationed member 5 Travel from the

city of residence to the city of meeting

Business class air tickets/ first class train tickets/ Luxury car/reimbursement of actual fare. However,entitlement of air travel by Business class shall be subject to austerity measures, if any, ordered by Govt of India.

Claimant

6 Transport to and fro airport / railway station in the city of residence

Luxury car or Rs. 2,000/- Claimant

7 Stay for out stationed members

5 Star Hotel. ONGC

8 Transport in the city of meeting

Luxury car or Rs. 1500 per day. Claimant

11. All the expenditure incurred in the OEC proceedings shall be shared by the

parties in equal proportion. The parties shall maintain account of expenditure and present to the other for the purpose of sharing on conclusion of the OEC proceedings.



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12. If the parties are not able to resolve the dispute through OEC or do not opt for conciliation through OEC, the party may invoke arbitration clause as provided in the contract.

43.2 ARBITRATION (Applicable in case of supply orders/Contracts with firms,

other than Public Sector Enterprises): (Not applicable in cases valuing less than Rs 5 lakhs)

Except as otherwise provided elsewhere in the contract, 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 shall be referred to Arbitration as provided hereunder:

1. A party wishing to commence arbitration proceeding shall invoke Arbitration Clause by giving 60 days notice to the other party. The notice invoking arbitration shall specify all the points of disputes with details of the amount claimed to be referred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral tribunal.

2. The number of the arbitrators and the appointing authority will be as under:

Claim amount (excluding claim for interest and counter claim, if any)

Number of arbitrator

Appointing authority

Upto Rs. 50 lakhs

Sole Arbitrator to be appointed from a panel of retired officers from ONGC/other PSU/Non-PSU organizations.

ONGC [Note: ONGC will forward a list containing names officers from ONGC/other PSU/Non-PSU organizations for selecting one from the list who will be appointed as sole arbitrator by ONGC]

Above Rs. 50 lakhs to Rs.5 crores

Sole Arbitrator to be appointed from a panel of retired Jurists

ONGC [Note: 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]

Above Rs. 5 crores

3 Arbitrators One arbitrator by each party and the 3rd arbitrator, who shall be the presiding arbitrator,by the two arbitrators. ONGC will appoint its arbitrator from the panel of jurists.



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3. The parties agree that they shall appoint only those persons as arbitrators who accept the conditions of this arbitration clause, including the fees schedule provided herein. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the conditions of this arbitration clause.

4. Parties agree that there will be no objection if the Arbitrator appointed holds equity shares of ONGC and/or is a retired officer of ONGC/any PSU. However, neither party shall appoint its serving employees as arbitrator.

5. If any of the Arbitrators so appointed dies, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party/arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same; otherwise, he shall proceed de novo.

6. Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest on its claims. Parties agree that any claim for such interest made by any party shall be void.

6. The arbitral tribunal shall make and publish the award within time stipulated as under:

7.

Amount of Claims and Counter Claims (excluding interest)

Period for making and publishing of the award (counted from the date of first meeting of the arbitrators):

Up to Rs.5 Crore Within 8 months Above Rs.5 Crore Within 12 months The above time limit can be extended by the arbitrator(s), for reasons to be recorded in writing, with the consent of the parties.

8. Arbitrators shall be paid fees at the following rates:

Amount of claims and Counter claims (excluding interest)

Lumps sum fees (including fees for study of pleadings, case material, writing of the award, secretarial charges etc.) payable to each arbitrator (to be shared equally by the parties)

Up to Rs.50 lacs Rs.7,500 per meeting subject to a ceiling of Rs.75,000/- Above Rs.50 lacs to Rs.1 Crore Rs. 1,35,000/- plus Rs. 1,800/- per lakh or a part there of

subject to a ceiling of Rs. 2,25,000/-.

Above Rs.1 Crore and up to Rs.5 Crore

Rs. 2,25,000/- plus Rs. 33,750 per crore or a part there of subject to a ceiling of Rs. 3,60,000/-.

Above Rs.5 Crore and up to Rs.10 Crore

Rs. 3,60,000/- plus Rs. 22,500/- per crore or a part there of subject to a ceiling of Rs. 4,72,500/-.

Above Rs.10 Crore Rs. 4,72,500 plus Rs. 18,000/- per crore or part thereof subject to a ceiling of Rs. 15,00,000/-.



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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. (iii) 60% of the fees if the hearing has commenced. (iv) 80% of the fees if the hearing is concluded but the award is yet to be

passed. 10. Each party shall pay its share of arbitrator�s fees in stages as under:

(i) 20% of the fees on filing of reply to the statement of claim. (ii) 40 % of the fees on completion of pleadings. (iii) 20% of the fees on conclusion of the final hearing. (iv) 20% at the time when award is given to the parties.

11. 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.

12. The Arbitration shall be held at the place from where the contract has been awarded. However, parties to the contract can agree for a different place for the convenience of all concerned.

13. The Arbitrator(s) shall give reasoned and speaking award and it shall be final and binding on the parties.

14. Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this clause.

43.3 ARBITRATION (APPLICABLE IN CASE OF SUPPLY ORDERS /CONTRACTS ON PUBLIC SECTOR ENTERPRISES)

In the event of any dispute or difference relating to, arising from or connected with the contract, such dispute or difference shall be referred by either party to the arbitration of one of the Arbitrators in the Department of Public Enterprises to be nominated by the Secretary to the Government of India, Incharge of Bureau 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 on revision of 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 authorised by Law Secretary, whose decision shall bind the parties finally and conclusively.



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The parties in the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

Clause 44: Contractor to indemnify Corporation against patent rights

The Contractor shall fully indemnify and keep indemnified the Corporation against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay as royalties which may be payable in respect of any article or part thereof included in the contract. In the event of any claims made under or action brought against Corporation in respect of any such matters as aforesaid the Contractor shall be immediately notified thereof and the Contractor shall be at liberty, at his own expense, to settle any dispute or to conduct any litigation that may arise there from, provided that the Contractor shall not be liable to indemnify the Corporation if the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the EIC in this behalf.

Clause 45: Action where no specifications are specified /incomplete specifications

In the case of any class of work for which there are no such specifications / incomplete specifications as referred to in Clause 28, such work shall be carried out in accordance with the PWD/ CPWD Specifications. In case there are no such specifications / or incomplete specifications in PWD / CPWD, the work shall be carried out as per Bureau of Indian Standard Specifications. In case there are no such specifications in Bureau of Indian Standard Specifications work shall be carried out in all respects in accordance with the instructions and requirements of the EIC.

Clause 46: With holding and lien in respect of sums due from Contractor

i) Whenever any claim or claims for payment of a sum of money arises out of or

under the contract or against the Contractor, the EIC or the Corporation shall be entitled to with hold and also have a lien to retain such sum or sums in whole or in part from the security, if any deposited by the Contractor and for the purpose aforesaid, the EIC or the Corporation shall be entitled to with hold the security deposit, if any, furnished and also have a lien over the same pending finalization or adjudication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the Contractor, the EIC or the Corporation shall be entitled to with hold and have a lien to retain to the extent of such claimed amount or amounts referred to above, from any sum or sums found payable or which may at any time thereafter become payable to Contractor under the same contract or any other contract with the EIC or any contracting person through the EIC pending finalization of adjudication of any such claim.

It is agreed term of the contract that the sum of money or moneys so with held or retained under the lien referred to above by the EIC or Corporation will be kept



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with held or retained as such by the EIC or Corporation till the claim arising out of or under the contract is determined by the arbitrator (if the contract is governed by the arbitration Clause) or by the competent court, as the case may be and that the Contractor will have no claim for interest or damages whatsoever on any account in respect of such with holding or retention under the lien referred to above and duly notified as such to the contractor. For the purpose of this Clause, where the Contractor is a partnership firm or a limited Company, the EIC or the Corporation shall be entitled to with hold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner/limited company as the case may be, whether in his individual capacity or otherwise.

ii) Corporation shall have the right to cause an audit and technical examination of

the works and the final invoice of the contractor including all supporting vouchers, abstract, etc to be made after payment of the final invoice and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed to have been done by him under the Contract and found not to have been executed, the Contractor shall be liable to refund the amount of over payment and it shall be lawful for Corporation to recover the same from him in the manner prescribed in sub-Clause (i) of this Clause or in any other manner legally permissible, and if it is found that the Contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by Corporation to the Contractor, without any interest thereon whatsoever.

Clause 47: Lien in respect of claims in other contracts

Any sum of money due and payable to the Contractor (including the security deposit returnable to him) under the contract may be with held or retained by way of lien by the EIC or the Corporation or any other contracting person or persons through EIC against any claim of the EIC or Corporation or such other person or persons in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the EIC or the Corporation or with such other person or persons.

It is an agreed term of the contract that the sum of money so withheld or retained under this Clause by the EIC or the Corporation will be kept with held or retained as such by the EIC or the Corporation or till his claim arising out of the same contract or any other contract is either mutually settled or determined by the arbitration Clause or by the competent court, as the case may be and that the contractor shall have no claim for interest or damages whatsoever on this account or on any other ground in respect of any sum of money with held or retained under this Clause and duly notified as such to the contractor.

Clause 48: Employment of coal mining or controlled area labour not

permissible



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The Contractor shall not employ coal mining or controlled area labour falling under any category whatsoever on or in connection with the work or recruit labour from area within a radius of 32 Kms (20 miles) of the controlled area. Subject as above the contractor shall employ imported labour only i.e. deposit imported labour or labour imported by Contractors from area, from which import is permitted.

Where ceiling price for imported labour has been fixed by the state or Regional Labour Committees not more than that ceiling price shall be paid to the labour by the Contractor.

The Contractor shall immediately remove any labourer who may be pointed out by the EIC as being a coal mining or controlled area labourer. Failure to do so shall render the contractor liable to pay the Corporation a sum calculated at the rate of Rs. 10 per day per labourer. The Certificate of the EIC about the number of coal mining or controlled area labourer and the number of days for which they worked shall be final and binding upon all parties to this contract. It is declared and agreed between the parties that the aforesaid stipulation in this Clause is one in which the public area interested within the meaning of the exception in Section 74 of Indian Contract Act, 1872.

Explanation: Controlled Area means the following areas: Districts of Dhanbad, Hazaribagh, Jamatara � a sub-division under Santhal Pargana Commissionery, Districts of Bankuara, Birbhum, Burdwan, District of Bilaspur. Any other area which may be declared a Controlled area by or with the approval of the Central Corporation.

Clause 49: Return of surplus materials. Notwithstanding any thing contained to the contrary in this contract, where any materials for the execution of the contract are procured with the assistance of Corporation either by issue from Corporation stocks or purchase made under orders or permits or licenses issued by Corporation the Contractor shall hold the said materials economically and solely for the purpose of the Contract and not dispose of them without the written permission of the Corporation and hand over the surplus material to the Corporation.

Clause 50: Arrangement of tools, plants, machinery and equipment by the

contractor

The contractor shall arrange at his own expense all tools, plant, machinery and equipment (hereinafter referred to as T&P) required for execution of the work.

Clause 51: PERFORMANCE:



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The CONTRACTOR shall undertake to perform all services under this CONTRACT with all-reasonable skill, diligence and care in accordance with sound industry practice to the satisfaction of the ONGC and accept full responsibility for the satisfactory quality of such services as performed by them. Any defect, deficiencies noticed in the Contractor�s service will be promptly remedied by the CONTRACTOR within 10 days upon the receipt of written notice from the ONGC to improve their performance failing which the ONGC may terminate the CONTRACT by giving the CONTRACTOR 30 (thirty) days written notice. Clause 52: Employment of technical staff and employees

Contractors Superintendence, Supervision, Technical Staff & Employees

i) The Contractor shall provide all necessary superintendence during execution of the work

and as along thereafter as may be necessary for proper fulfilling of the obligations under the contract.

ii) The Contractor shall immediately after receiving NOA (notification of award) for the work

and before commencement of the work, intimate in writing to the EIC, the name of a competent Supervisor (who will be working on the contractor�s behalf) to be engaged for this work. He is required to be provided with communication facility for taking urgent instruction from the EIC and other engineers related to this work.

The supervisor / representative of the Contractor is required to be available at site on all days and shall note down the instructions conveyed by the EIC, or his representative and act accordingly for execution of the same. If the Contractor fails to engage experienced supervisor and if such appointed person is not effectively present or do not discharge his responsibilities satisfactorily, the EIC shall have full powers to suspend the execution of the work until such date a suitable person is appointed and the Contractor shall be held responsible for the delay so caused for completion of the work.

iii) The Contractor shall provide and employ on the site only such technical assistants as are skilled and experienced in their respective fields and such foremen and supervisory staff as are competent to give proper supervision to the work.

The Contractor shall provide and employ skilled, semi-skilled and unskilled labour as is necessary for proper and timely execution of the work. The EIC shall be at liberty to object to and require the contractor to remove from the works any person who in his opinion misconducts himself, or is incompetent or negligent in the performance of his duties or whose employment is otherwise considered by the EIC to be undesirable. Such person shall not be employed again at works site without the written permission of the EIC and the persons so removed shall be replaced as soon as possible by competent substitutes.

Clause 53: Levy / Taxes payable by the contractor



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Claims, Duties and Taxes Claims: CONTRACTOR agrees to pay all claims, taxes and fees for equipment, labour,

materials, services and supplies to be furnished by it hereunder and agrees to allow no lien or charge resulting from such claims to be fixed upon any property of CORPORATION. CORPORATION may, at its option, pay and discharge any liens or overdue charges for CONTRACTOR�s equipment, labour, materials, services and supplies under this CONTRACT and may thereupon deduct the amount or amounts so paid from any sum due, or thereafter become due, to CONTRACTOR hereunder.

NOTICE OF CLAIMS:-

CONTRACTOR or CORPORATION, as the case may be, shall promptly give the

other, notice in writing of any claim made or proceeding commenced for which that party is entitled to indemnification under the CONTRACT. Each party shall confer with the other concerning the defense of any such claims or proceeding, shall permit the other to be represented by counsel in defense thereof, and shall not effect settlement of or compromise any such claim or proceeding without the other�s written consent.

The rates/percentage quoted must include but not be limited to Customs Duty,

Excise Duty, Sales Tax, VAT, Service Tax, WCT (local as well as interstate) and all other duties & taxes e.g. Octroi, fees, royalties, cess etc., as on the scheduled closing date for submission of bids.Bidders are required to ascertain themselves, the prevailing rates of Customs Duty, Excise duty and Service Tax, WCT (local as well as interstate) as applicable on the scheduled date of submission of Price Bids / revised Price Bids (if any) and the Company would not undertake any responsibility whatsoever in this regard. CONTRACTOR, unless specified otherwise in the CONTRACT, shall bear all tax liabilities, duties, Govt. levies etc. including Service tax, 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 certificates / documents for enabling ONGC to avail Input VAT credit and CENVAT credit benefits in respect of the payments of VAT, Excise Duty, Service Tax etc. which are payable against the CONTRACT. The CONTRACTOR should provide tax invoice issued under rule-4A of Service Tax Rules for the Services (indicating service tax, education cess and Secondary & Higher Education Cess) and tax invoice issued under Central Excise rule-11 for Excise Duty (indicating excise duty education cess and Secondary & Higher Education Cess) and tax invoice under respective State VAT Act for VAT separately for the indigenous goods. Payment towards the components of Excise Duty, VAT, CVD, SAD, Service Tax etc shall be released by ONGC only against



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appropriate documents ie tax invoice/Bill of entry for availing CENVAT / VAT credit (as applicable). The tax invoices as per above provisions should invariably contain the following particulars:

(i) Name, Address and the Registration Number (under the relevant Tax Rules) of the Service Provider (Contractor)

(ii) Name and Address of the Service Receiver (Address of ONGC) (iii) Description, Classification and Value of taxable service / goods and the amount of

applicable tax (i.e. Service tax / Excise Duty / VAT � separately indicating education cess and Secondary & Higher Education Cess, wherever applicable) 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 which is required for availing CENVAT Credit.

While submitting the invoice for payment, CONTRACTOR should submit the following details / statement as an attachment to the invoice:

Cost of Service Rs.__________

Service Tax/Excise Duty(Central Levy)/VAT(State Levy), as applicable

Rs. __________

Total amount including Service Tax/Excise Duty/VAT ( i.e. a+b)

Rs.__________

Less: CENVAT Credit / VAT Credit, legally becomes available due to Change in Law (along with details of disclosure as per clause 21.7 below).

Rs. __________

Net payable by ONGC Rs. __________

Personnel tax:

The bidder must agree to bear all personnel taxes as may be imposed on his employees and the employees of his sub-contractor, vendor, back up consultants etc. on account of their association with or for performance of work in India

Corporate Tax:

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.



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3.2 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. 3.3 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. 3.4 In case the non resident Contractor does not exercise the option in clause 3.3 above, an Order u/s. 195(2) of the Income Tax Act,1961, for the purpose of deduction of tax at source will be obtained by ONGC from the Deputy Director of Income Tax (International Taxation), Aaykar Bhawan, Subhash Road, Dehradun � 248001, India, and tax shall be deducted at source by ONGC as directed in the said Order u/s. 195(2). 3.5 In case the non resident Contractor does not exercise the option in clause 3.3 above, it shall furnish a Tax Residency Certificate (Certificate from the income tax authorities of the country of which it is a tax resident, to the effect that, the Contractor is liable to tax in that country by reason of it being a tax resident under the relevant tax laws of that country) within 30 days from entering into the Contract and, in any event, at least 30 days before the first Invoice is furnished to ONGC. 3.6 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 orders u/s 195(3) or 197 or 195(2), 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. 3.7 The employees of such foreign companies/concerns/Joint Ventures, their SUB-CONTRACTOR and assignees are also required to comply with various Direct tax laws of India, as applicable. 3.8 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. Notes in respect of Tax Residency Certificate:



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(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 separate TRCs for each financial year, based on the period for which the foreign income tax authorities issue the TRC as per the financial year followed in the respective country (viz.- the calendar year or the financial year commencing from 1st April to 31st March of succeeding year).

Service Tax:

Service Tax, if any, applicable on input services required to meet the scope of work will be borne by the bidder within their quoted prices. The bidder must avail eligible CENVAT credit of tax/ duty paid on input services/ capital goods/ inputs and benefit of CENVAT credit should be passed on to ONGC. Accordingly, the bidder must quote rate(s) net of CENVAT credit i.e. gross value of services adjusted by CENVAT credit available to the bidder. Bidder must indicate amount of service tax separately in each invoice. Bidder must undertake with the invoice that amount of service tax indicated in the invoice has been paid / shall be deposited with Excise authorities within due date. At any stage of time, actual payment to the contractor shall not exceed the evaluated price (as at �Schedule of Prices�) plus the value of documents submitted towards value of service tax (as at �Schedule of Prices�). The awarded tender amount (as at Schedule of Prices) will be treated as the Contract Price for the purpose of Performance Bank Guarantee and Liquidated Damages clauses

Service Tax (provisions):

1. The bidder will have to pay all Service Tax liability, as applicable except in case of services covered under Notification No. 30/2012-S.T. & 26/2012-S.T. dated 20th June, 2012 under reverse charge and abatement on value of services as per clause No. 53.4.10 and 53.4.10 below. In case of services covered under Notification No. 30/2012-S.T. & 26/2012-S.T. dated 20th June, 2012 under reverse charge and abatement on value of services as per clause No. 53.4.10 and 53.4.10 below, either the applicable Service Tax amount shall be paid to the account of Govt of India partly by Service Provider and partly by service receiver (ONGC) or 100% Service Tax shall be paid by ONGC,

2. The service provider should have a valid registration with the concerned

authorities of Service Tax department and a copy of such registration certificate under Service Tax Rules or an undertaking for submission of copy of requisite service tax registration certificate along with the first invoice should be furnished along with the offer.



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3. The Bidder should quote the applicable Service Tax, clearly indicating the rate and the amount of Service Tax included in the bid and the description of the respective service (as per Service Tax rules) under which the Service Tax is payable

4. Total lump sum price for Indian as well as foreign bidders shall be inclusive of

Custom Duty, Excise Duty and Service Tax, if any. 5. Bidders are required to ascertain themselves, the prevailing rates of Custom

Duty, Excise Duty and Service Tax, WCT (local as well as interstate) as applicable on the scheduled date of submission of Price Bids/ revised Price Bids (if any) and the Company would not undertake any responsibility whatsoever in this regard.

6. As per service tax rules, value of service portion in the execution of a works

contract shall be equivalent to the gross amount charged for the works contract less the value of property in goods transferred in the execution of the works contract. If the value of goods to be incorporated in works and value of services can be separated, service tax @ 12.36% shall be payable on the value of services. Whereas If the nature of work does not provide for value of goods to be incorporated in works and value of services separately, Clause 3 (i) of the circular is not applicable in this case. Now as per the above mentioned circular, in case the value of service tax can not be determined under clause 3 (i), the same can be determined as explained under clause 3. (ii). Clause 3(ii) (A) is for original works which means all works relating to new constructions, additions and alterations to abandoned / damaged structure on land to make them workable and erection, commissioning or installation of plant, machinery or equipment or structures, whether prefabricated or otherwise, Clause 3.(ii).(B) is for repair & maintenance to any movable property and clause 3.(ii).(C) is applicable for works not covered under clauses (A) and (B). Hence clauses 3. (ii). (B) is not applicable in this case as all these works relate to non movable property. As per clause 3.(ii).(A), the value for service tax payable is 12.36% on 40% of the total amount charged for works contract, as per claose 3 (ii) (B), the value od service tax payable is 12.36% 0n 70% on the total amount charged for works contract and as per clause 3 (ii) (C), the value of service tax payable is 12.36% on 60% of the total amount charged for works contract

7. As the value of the material portion would not be reflected separately, ONGC

shall not entertain any claim of the bidders with respect to changes in rate of Customs duty, Excise duty or sales tax after submission of bids. However, ONGC shall pick up the liability arising due to change in rate of Service Tax.

8. Service Tax, if any, applicable on input services required to meet the scope of

work will be borne by the bidder within their quoted prices. The bidder must avail eligible CENVAT credit of tax/ duty paid on input services/ capital goods/ inputs and benefit of CENVAT credit should be passed on to ONGC. Accordingly, the bidder must quote rate(s) net of CENVAT credit i.e. gross value of services adjusted by CENVAT credit available to the bidder.



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9. In case of a consortium bid, if any one consortium member, is and Indian bidder is a foreign bidder who has fixed or permanent address in Taxable territory of India for providing service and who has a service tax registration number, then in such cases, the offer would be treated under clause (ii) to (vi) above.

10. Liability to pay Service Tax: For Indian bidder as well as foreign bidder who

have fixed establishment or permanent address in taxable territory of India for providing service in India

a. If service provider (Contractor) is a company registered under Companies

Act, 1956, then service tax shall be paid by the service provider i.e. contractor.

b. If service provider is an individual, HUF, Partnership firm whether registered

or not, including association of persons, then both contractor (Service Provider) and ONGC (Service Receiver) has to discharge service tax equally i.e. 50% of the total service tax amount directly to Govt.. It may be noted that if the service provider is �association of persons�(AOP) and raising invoices as AOP, then also ONGC as the service recipient has to pay 50% of the service tax amount directly to Govt..

c. The �Persons� in case of �Association of persons� may be (i) an individual (ii)

a Hindu undivided family, (iii) a company (iv) a society ,(v) a limited lliability partnership, (vi) a firm, (vii) an association of persons or body of individuals, whether incorporated or not.

d. Thus, any unincorporated joint venture/consortium of two or more

companies would be treated as an association of persons and may be liable to pay 50% of the service tax amount and the remaining 50% of service tax shall be payable by ONGC directly to the Govt.

e. However, if an AOP comprises of a inidan company, a on company ( an

individual , a HUF, a society, a limited liability partnership , a firm) in India and a foreign firm providing service from outside the taxable territory of India, and each member of AOP raises separate invoices, then the Indian company will pay 100% service tax amount calculated on its invoice value directly to service tax authority, in case of non company both ONGC and non company will pay the service tax amount 50% each and in case of a foreign firm, ONGC will pay 100% of the service tax amount to the Govt under Reverse charge mechanism.

f. In case the applicability of Services Tax is not quoted explicitly in the offer

by the Bidder, the offer will be considered as inclusive of all liabilities of Service Tax. ONGC will not entertain any future claim in respect of Service Tax against such offers.

g. In case, the quoted information related to various taxes and duties

subsequently proves wrong, incorrect or misleading:-



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i) ONGC will have no liability to reimburse the difference in the duty/tax, if the finally assessed amount is on the higher side.

ii) ONGC will have the right to recover the difference in case the rate of

duty / tax finally assessed is on the lower side. i) In case, the bidder either does not indicate the Service Tax amount in �Schedule of Prices� or does not specifically confirm to furnish CENVATable documents as mentioned above, his bid shall be evaluated considering the total Quoted amount price i.e. without subtracting the amount of Service tax.

Bidder must indicate the total amount of service tax for which bidder undertakes to provide the appropriate CENVATable documents to ONGC for availing CENVAT benefit i.e.

Clause 54: Subsequent Legislation-Change in Law and Regulations

a. 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 Govt. of India or State Government(s) or Public Body which becomes effective after the date of submission of price bid or revised price bid, if any for this CONTRACT and which result in increased cost of the work under the contract through increased liability of taxes (other than personnel and corporate taxes) duties the CONTRACTOR shall be Indemnified for any such increased cost 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.

b. Similarly, in the event of introduction of new legislation or any changes 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 date of submission of price bid or revised price bid, if any for this CONTRACT and which results in decrease in the cost of the works through reduced liability of taxes ( other than personnel and Corporate taxes), duties 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.

c. All duties, taxes (except where otherwise expressly provided in the Contract)

as may be levied / imposed in consequences of execution of the Works / Services or in relation thereto or in connection therewith as per the Acts,



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Laws, Rules, Regulations in force on the date of submission of Price Bid or revised price bid, if any, for the this CONTRACT shall be to CONTRACTOR.s account. Any increase / decrease in the net amount of such duties, taxes (i.e. the amount of taxes/duties payable minus eligible credit of taxes / duties paid on input services / input) after the date of submission of price bid or revised price bid, if any, but within the contractual completion / mobilization date as stipulated in the CONTRACT will be to the account of CORPORATION.

d. Any increase in net amount of the duties and taxes (i.e. the amount of

taxes/duties payable minus eligible credit of taxes / duties paid on input services / inputs) after the contractual completion / mobilization date during the extended period will be to the contractor�s account, where delay in completion /mobilization period is attributable to the CONTRACTOR. However, any decrease in net amount of the duties and taxes (i.e. the amount of taxes/duties payable minus eligible credit of taxes / duties paid on input services / inputs) after the contractual completion / mobilization date will be to CORPORATION.s account.

e. The contract price and other price 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 / imposed by the concerned authorities. However, in such an event, CORPORATION will have the right to recover the differences in case the rate of duty / tax finally assessed is on the lower side.

f. Notwithstanding the provision contained in clause 53 above, the

CORPORATION shall not bear any liability in respect of: I. Personnel taxes on the personnel deployed by the CONTRACTOR, his

sub contractor / 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, Excise duty and Service

Tax in addition to the new taxes etc in respect of sub contractors, vendors, agents etc of the CONTRACTOR.

g. In order to ascertain the net impact of the revisions / enactment of various

provisions of taxes / duties, the CONTRACTOR is liable to provide following disclosure to CORPORATION:

(i) Details of each of the input services used in relation to providing service to

CORPORATION including estimated monthly value of input service and service tax amount.

(ii) Details of Inputs (material / consumable) used / required for providing service to ONGC including estimated monthly value of input and excise duty / CVD paid / payable on purchase of inputs.



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h. As the value of the material portion would not be reflected separately, ONGC shall

not entertain any claim of the bidders with respect to charges in rate of Customs duty, Excise duty or Sales Tax after submission of bids. However, ONGC shall pick up the liability arising due to change in rate of Service tax.

Clause 55: Termination of Contract on death of Contractor

Without prejudice to any of the rights or remedies under this contract if the Contractor dies, the EIC on behalf of the Corporation shall have the option of terminating the contract without compensation to the Contractor.

Clause 56: Deleted

Clause 57: Deleted

Clause 58: Jurisdiction Clause: Deleted. Refer clause 42

Clause 59: Pollution Responsibility

In the performance of any and all services and the Works hereunder by the

Contractor or his sub-contractor, the Contractor shall accept full responsibility for compliance with all applicable laws and Governmental orders, rules and regulations as amended from time to time relating to pollution.

The Contractor agrees to inform himself and his supervisors of such laws, orders and regulations and to make all his employees and the Sub-contractors fully cognizant of their responsibilities there under.

The Company�s Representative may discuss interpretations and applications of

the laws, orders and regulations referred above with the Contractor�s Representative or Construction Superintendent, but such discussions shall not in any way relieve the Contractor of his responsibility hereunder. In addition and without in any way limiting, restricting or prejudicing any of the Company�s other rights and remedies, whether arising under any other provisions of this Contract or under any rule of law, the Contractor shall:

i) Clean up and remove any pollution resulting from its non-compliance

with the provisions of this section, at his cost and expense; and

ii) If the Contractor fails to do so, the Company may clean up and remove the pollution in which case the Contractor shall reimburse the Company upon receipt of bill thereof from the Company without demur/protest and delay, the cost of such clean up and removal.



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The Contractor shall keep the Company informed & totally indemnified as to any such pollution or contamination claims, demands or suits made against the Contractor involving such claims or demands.

Clause 60: SECRECY

CONTRACTOR shall during the tenure of the CONTRACT and at anytime thereafter maintain in the strictest confidence all information relating to the work and shall not, unless so authorised in writing by ONGC, divulge or grant access to any information about the work or its results and shall prevent anyone becoming acquainted with either through CONTRACTOR or its personnel or authorised SUB-Contractors or agents. CONTRACTOR shall not avail of the information obtained in the course of work hereunder in any manner, whatsoever, nor shall CONTRACTOR divulge any information about the location of the work area of part thereof. CONTRACTOR shall not also destroy any report, note and technical data relating to the operation/ work and not required by the ONGC. The obligation is continuing one and shall survive after the completion/ termination of this agreement. Clause 61: EMPLOYMENT BY FIRMS TO OFFICIALS OF ONGC

Firms/companies who have or had business relations with ONGC are advised not to employ serving ONGC employees without prior permission. It is also advised not to employ ex-personnel of ONGC within the initial two years period after their retirement/resignation/severance from the service without specific permission of ONGC. The ONGC may decide not to deal with such agency/party (s) who fails to comply with the above advice.

Clause 62: TERMINATION OF CONTRACT

62.1 TERMINATION ON EXPIRY OF THE CONTRACT

This Agreement shall be deemed to have been automatically terminated on the expiry of the CONTRACT period unless the ONGC has exercised its option to extend this CONTRACT in accordance with the provisions, if any, of this CONTRACT.

62.2 TERMINATION ON ACCOUNT OF FORCE MAJEURE

Either party shall have the right to terminate this CONTRACT on account of Force Majeure, as set forth in clause 35 of Special Conditions of Contract.

62.3 TERMINATION ON ACCOUNT OF INSOLVENCY

In the event the CONTRACTOR at any time during the term of this Agreement becomes insolvent or makes a voluntary assignment of its assets for the benefit of creditors or is adjudged bankrupt, then the ONGC shall, by a notice in Writing



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have the right to terminate this CONTRACT and all the Contractor�s rights and privileges hereunder, shall stand terminated forthwith.

62.4 TERMINATION FOR 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.

62.5 The Contract may also be terminated in the following cases at the option and sole discretion of ONGC and in such event the EMD/Security deposit shall be forfeited whatever the case may be.

a. On account of subletting without prior approval of ONGC and in that event

security Deposit shall be forfeited. b. If the contract secured by the contractor by non-representation of

fact(s)/erroneous declaration, the contract may be terminated with the forfeiture of EMD/security deposit.

c. If the contractor fails to maintain the conditions of the eligibility criteria at any

time during the period of the contract, the contract may be terminated with forfeiture of security deposit.

d. If the contractor fails to mobilise and/or start the work within the stipulated time

as specified in the Notification of Award/LOI/work order, the contract may be terminated with the forfeiture of EMD/security deposit.

e. If the contractor withdraws from work or abandons the work during the contract

period, the contract will stand terminated with forfeiture of EMD/security deposit.

62.6 Notwithstanding the provision contained in clauses 62.1 to 62.4 above the ONGC may at any time terminate the Contract without assigning any reason by giving the contractor a 30 days notice in writing to that effect. Upon termination 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 ONGC may specify in the Termination Notice.

b) Terminate all sub-contractors related to subject work



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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.

62.7 In the event of termination of the Contract under clause 17.6 the ONGC 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 for the Works pursuant to paragraph (a) of clause 62.6 above as mutually agreed.

c) Reasonable demobilization charges as may be ascertained by the ONGC

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 ONGC upon payment by the ONGC of the actual Cost of the materials or equipment.

e) All reasonable cost of canceling/terminating any subcontract(s)

f) All reasonable cost on cancellation of orders for material, etc., which the Contractor may have committed for the project.

62.8 There shall be no liability for the ONGC to compensate the Contractor for loss of work or loss of profits or any other claim of similar nature on account of Termination. 62.9 CONSEQUENCES OF TERMINATION In all cases of termination herein set forth, the obligation of the ONGC to pay shall be limited to the period up to the date of termination. Notwithstanding the termination of this agreement, the parties shall continue to be bound by the provisions of this Agreement that reasonably require some action or forbearance after such termination. In case of termination of Contract herein set forth, except under 62.1, 62.2 and 62.6, and / or annulment of the contract due to non-submission of Performance Security (as per clause 17 of Part-C of bidding document), 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



114

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.

Clause 63: SEVERABILITY

Should any provision of this agreement be found to be invalid, illegal or otherwise not enforceable by any court of law, such finding shall not affect the remaining provisions hereto and they shall remain binding on the parties hereto.

CLAUSE 64: CONSEQUENTIAL DAMAGES:

Notwithstanding either party�s fault, neither party shall be liable to the other party in respect of any consequential damages whatsoever. The term �Consequential damages� as used herein shall include without limitations to the meaning, loss of profit, production, business opportunities or use of assets.

Clause 65: PERFORMANCE:

The CONTRACTOR shall undertake to perform all services under this CONTRACT with all-reasonable skill, diligence and care in accordance with sound industry practice to the satisfaction of the ONGC and accept full responsibility for the satisfactory quality of such services as performed by them. Any defect, deficiencies noticed in the Contractor�s service will be promptly remedied by the CONTRACTOR within 10 days upon the receipt of written notice from the ONGC to improve their performance failing which the ONGC may terminate the CONTRACT by giving the CONTRACTOR 30 (thirty) day�s written notice.

Clause 66: VERIFICATION OF CHARACTER AND ANTECEDENTS OF CONTRACTUAL

MANPOWER

In all contracts involving deployment of Contractor�s manpower within ONGC�s premises like plants, offices, installations, rigs, stock yards etc., the Contractor shall submit the following documents to ONGC prior to start of work: (i) Undertaking from the Contractor that the character and antecedents of the person(s) proposed to be deployed by them is/are impeccable. (ii) 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 antecedent. (iii) Along with the above mentioned undertakings, the Contractor will provide certified photocopies of Police verification certificates for inspection by the authorized representative of ONGC. The Contractor has to obtain Police verification report (signed by an officer equivalent to DSP rank of 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



115

Clause 67: STATUTORY REQUIREMENTS:-

During the tenure of this CONTRACT nothing shall be done by the CONTRACTOR in contravention of any law, act and/or rules/regulations, there under or any amendment thereof governing interalia customs stowaways, foreign exchange etc

Clause 68: ONGC's right to question the amounts claimed

Payment of any invoice shall not prejudice the right of the Corporation to question the allowability under this Agreement of any amounts claimed therein, provided ONGC, within one year beyond the expiry of each CONTRACT year, delivers to CONTRACTOR, written notice identifying any item or items which it questions and specifying the reasons therefor. Should ONGC so notify CONTRACTOR, such adjustment shall be made as the parties shall agree. These provisions shall be reciprocal for similar rights to the CONTRACTOR.

The CONTRACTOR shall provide on demand a complete and correct set of records pertaining to all costs for which it claims reimbursement from ONGC and as to any payment provided for hereunder, which is to be made on the basis of CONTRACTOR's costs.



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Appendix-1

PERFORMA FOR AGREEMENT No. ___________________ Date: This agreement entered into ____________________________________ between Oil and Natural Gas Corporation incorporated under the Companies Act, 1956 having its registered office at Jeevan Bharati, Tower-II, Connaught Circus, new Delhi � 110 001, India and one of its offices at Hazira Plant, PO : ONGC Nagar, Dist : Surat � 394 518 (hereinafter referred to as �Corporation� which expression shall include all its legal successors, executors and assignees) of the one part and ________________________________ established and existing under the laws of company Act of India, having its registered office _______________________________________________ (hereinafter referred to as �Contractor� which expression shall include its legal successors and permitted assignees) of the other part : WHEREAS the Corporation is desirous of carrying out work of �Development of Green Belt at AGPF area in ONGC Hazira Plant Surat� (here in after referred to as the Work or Works and more particular by defined in General Condition of the Contract.) AND WHEREAS the Corporation had invited a tender inquiry vide their tender notice no. _____________________________________for the work cited above on item Rate Basis. AND WHEREAS the Contractor represents that it has expertise and technical know how in respect of the said work and had submitted his offer as per Corporation�s Bidding Documents in response to the above said tender enquiry of the Corporation vide the Contractor�s offer dated ______________ AND WHEREAS pursuant to the above and the subsequent correspondences / discussions with the Contractor, the Corporation has awarded to the Contractor the Contract for the said work by its Letter of Acceptance No. ________________________________________________ which is the effective date of commencement of this Contract and on the terms and conditions as agreed by the two parties as of the said date of Notice of award of work and letter of Acceptance and as outlined in this Agreement (hereinafter also referred to as �the Contract�). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: a) In this agreement words and expression have the same meaning as are

respectively assigned to them in General Conditions of Contract.



117

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 part 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. Agreement

2. Bidding Documents including documents issued by corporation, agreed

Minutes of the clarificatory Meetings/subsequent correspondence exchanged between the Corporation and the Contractor which have been agreed to by the corporation and the Contractor.

3. Schedule of Price (Finally agreed Rates)

c) The Contract constitutes the entire Agreement between the corporation 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.

d) The Contractor hereby covenants with corporation to perform the work in conformity in all respects with provisions of the Contract and in consideration of the carrying out and completion of the Works by the Contractor, the corporation 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 Surat on the day and year first above written. For and on behalf of for and on behalf of Oil Contractor and Natural Gas Corporation

WITNESS: By (Contractor) By (Corporation)

1 �� 1��. 2. ��. 2. ��



118

Appendix-2

PROFORMA FOR BANK GUARANTEE FOR FOR SECURITY DEPOSIT/PERFORMANCE GUARRANTY

REF.NO........ BANK GUARANTEE NO.................... DATED..................

To, Oil and Natural Gas Corporation Limited Hazira Plant, P.O. � ONGC Nagar - 394 518 SURAT Dear Sirs, 1 Whereas Oil and Natural Gas Corporation , incorporated under the Companies

Act 1956 having its registered office at Jeevan Bharati, Tower-II,124 Connaught Circus, New Delhi-110 001 and one of its offices at Hazira, Surat (hereinafter called "Company" which expression shall unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assigns) 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 assigns) have submitted a bid reference No......... dated................and tenderer having agreed to furnish as a condition precedent for participation in the said tender an unconditional and irrevocable Bank Guarantee of Rs. .............. (in figures) (Rupees .........) (in words) for the due performance of Bidder's obligations as contained in the terms of the Invitation for Bids (IFB) and other terms and conditions contained in the Bidding Documents supplied by Company which amount is liable to be forfeited on the happening of any contingencies mentioned in said documents.

2. We................. (name of the Bank) registered under the laws of India 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) guarantee and undertake to pay immediately on first demand by Company, the amount of Rs........... (in figures) (Rupees .........) (in words) in aggregate at any time without any demur and recourse, and without Company having to substantiate the demand. Any such demand made by Company shall be conclusive and binding on the Bank irrespective of any dispute or difference raised by the bidder.

3. The Bank confirms that this guarantee has been issued with observance of

appropriate laws of India. 4. The Bank also agrees that this guarantee shall be irrevocable and governed and

construed in accordance with Indian Laws and subject to the exclusive jurisdiction of Indian Courts at Surat.



119

5. This guarantee shall be irrevocable and shall remain in force upto (date) ............, which includes sixty days after the period of bid validity, and any demand in respect thereof should reach the Bank not later than the aforesaid date.

6. Notwithstanding anything contained herein above our liability under this Guarantee is limited to Rs.........��(in figures) (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 Company under this Guarantee will cease. However, if such a claim has been received by us by 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 whereof, the Bank through its authorised 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) Full name and official address (in legible letters) NOTE: All further communications relating to this bank guarantee should be forwarded to: Chief Engineer (Civil) Oil and Natural Gas Corporation Limited Hazira Plant P.O. ONGC Nagar SURAT - 394518 Phone no.0261-394518

(a) INSTRUCTIONS FOR FURNISHING BANK GUARANTEE FOR BID BOND 1. The Bank Guarantee by Bidders will be given on non-judicial stamp paper of value

as per stamp duty applicable in Gujarat. The non-judicial stamp paper should be in name of the issuing bank.



120

2. The expiry date as mentioned in clause 6.1(b) of Instruction to Bidder should be

arrived at by adding 60 days to the validity period of bid (clause 23.0 of Instruction to Bidder).

3. The Bank Guarantee will be given by bidders from Nationalized/Scheduled Bank

only.



121

Appendix-3

PROFORMA FOR INDEMNITY BOND KNOW ALL MEN BY THESE PRESENCE THAT I, SRI��.. of the Agency M/s�� having office at (hereinafter referred to as Contractor) hereby hold and bind myself and my heirs, executors, administrators and legal representatives to the Oil & Natural Gas Corporation, hereinafter referred to as Corporation for payment to Corporation or Regional provident fund Authority all dues arising out of Employees Provident Fund or any Claim by the Regional Provident Office and all expenditure related to the same. WHEREAS the Contractor is proprietor of agency M/s. �� and applied to the Corporation for the work of ��. . AND WHEREAS the Contractor has agreed to execute the work under agreement No. at his tender amount of Rs�� (Rupees��. ��. ��..) (herein-after referred to as the indenture) subject to the restriction, stipulation as contained in the said tender agreement. AND WHEREAS the Corporation has agreed to award the said work to the Contractor in accordance with the subject to the said rules framed by the Regional Employees Provident Fund to regulate the dues of manpower employed by the Contractor for the tendered work. The Contractor agreed and undertake to duly and regularly abide by the said rules. AND WHEREAS in consideration of the Corporation having agreed to award the aforesaid tender to the Contractor the Contractor has agreed to execute the above bond, without prejudice, and in addition to the said tender agreement and subject to terms and conditions herein contained. NOW THE CONDITION OF THIS BOND is such that the Contractor shall fully and duly comply with the reservations , restrictions conditions and stipulations contained in the said Indenture to the satisfaction of the EPF rules and in the event the Corporation / Regional Provident Fund Authority has reason to believe that the reservations, restrictions, conditions and stipulations contained in the Indenture have not been or not being duly and fully complied with the Contractor shall repay to the Corporation or Regional Provident Fund Authority on demand the said dues together with interest thereon, or in so such thereof as may then remain outstanding with rights and power to the Corporation to proceed against any of properties of the Contractor in any manner and any time for realization and recovery of the said amount due for payment as EPF contribution to PF Commissioner with interest but without prejudice and in addition to other rights and power of the Corporation under the said rules in law



122

and the Contractor shall in any event indemnity, keep indemnified and save the Corporation harmless from all the prosecution, liabilities and all costs, charges and expenses incurred in consequences of any claim demand of whatsoever kind in respect of the said EPF payment to PF. Commissioner the same shall remain in full force and effect. The Contractor shall not be discharged or released from his obligations in any manner by any indulgence shown executed to him by the Corporation for any reason whatsoever. IN WITNESS WHEREOF the Contractor has executed before these present on the�� .. executed by Mr�� Contractor in presence of: Witness of Contractor ; Address; Occupation: Address: Occupation;



123

Appandix-4

INVESTOR�S CUSTOMER�S OPTION TO RECEIVE PAYMENTS THROUGH CREDIT CLEARING MECHANISM)

NAME OF THE SCHEME AND THE PERIODICITY OF PAYMENT

1. Investor/ customer�s name : 2. Particulars of Bank account :

( In lieu of the bank certificate to be obtained as under, please attach a blank cancelled Cheque or photocopy of a Cheque or front page of your savings bank passbook issued by your bank for verification of the above particulars).

3. Date of effect : 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.

(��.) Signature of the Investor/ Customer

Date Certified that the particulars furnished above are correct as per our records.

Bank�s Stamp

Date SIGNATURE OF THE AUTHORISED OFFICIAL OF THE BANK

A. Name of the Bank : B. Name of the branch : Address : Telephone No. : C. 9- Digit code number of the bank and

branch appearing on the MICR Cheque issued by the bank.

:

D. Type of the account (S.B., Current or Cash Credit) with code (10/11/13).

:

E. Leger and Ledger folio number. : F. Account number (as appearing on the

Cheque book). :



124

Appendix-5

PARENT COMPANY GUARANTEE DEED OF GUARANTEE THIS DEED OF GUARANTEE executed at ��.. this ��.. day of��... by M/s. ��.(mention completed name ) a company duly organized and existing under the laws of �� (insert jurisdiction/ country). Having its Registered Office at ��. Hereinafter called the Guarantor which expression shall unless excluded by or repugnant to the subject or context thereof, be deemed to include its successors and permitted assigns. WHEREAS M/s Oil & Natural Gas Corporation Limited, a company duly registered under the Companies Act 1956, having its Registered Office at 8th floor, jeevan Bharti, Tower-II, 124, Indira Chowk (Connaught Circus) New Delhi, India and having an office , amongst others at ��.. (insert purchase centre address hereinafter called the � the Corporation � which expression shall unless excluded y or repugnant to the context thereof, be deemed to include its successor and assigns invited tender umber ��.. for ��.on�� M/s. ��(Mention complete name) , a company duly organized and existing under the laws of ��..(insert jurisdiction/ country) having its Registered Office at ��( give complete address) hereinafter called �the Company� which expression shall, unless excluded by or repugnant to the subject or context thereof, be deemed to include its successor and permitted assigns , * a wholly owned subsidiary of the Guarantor, have in response to the above mentioned tender invited by the Corporation submitted their bid number�� to the Corporation with one of he condition that the Company shall arrange a guarantee from its parent company guaranteeing due and satisfactory performance of the work covered under the said tender including any change therein as may be deemed appropriate by the Corporation at any stage. The Guarantor represents that they have gone through and understood the requirement of the above said tender and are capable of and committed to provide technical, financial and such other supports as may be required by the Company for successful execution of the same. * strike out if not applicable . The Company and the Guarantor have entered into an agreement dated :��.. as per which the Guarantor shall be providing technical, financial and such other supports as may be necessary for performance of the work relating to the said tender.



125

Accordingly, at the request of the Company and in consideration of and as a requirement for the Corporation to enter into agreement(s) with the Company, the Guarantor here agrees to give this guarantee and undertakes as follows : 1. The Guarantor (Parent Company) unconditionally agrees that in case of non

performance by the Company of any of its obligations in any respect, the Guarantor shall, immediately on receipt of notice of demand by the Corporation take up the job without any demur or objection , in continuation and without loss of time and without any cost to the Corporation and duly perform the obligations of the Company to the satisfaction of the Corporation.

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) awarded to the Company.

3. The Guarantor shall be jointly with the Company as also severally responsible for

satisfactory performance of the contract entered between the Company and the corporation.

4. The liability of the Guarantor under the Guarantee is limited to the 50% of the

annualized contract price entered between the Company and the Corporation . This will, however, be in addition to the forfeiture of the Performance Guarantee furnished by the Company.

5. 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 al other acts and things necessary or desirable in connection therewith or for the due performance of the Guarantor�s obligations hereunder.

6. The Guarantor also agrees that this Guarantee shall be governed and construed in

accordance with the laws in force in India and subject to the exclusive jurisdiction of the courts of ��..India.

7. The Guarantor hereby declares and represents that this Guarantee has been given

without any undue influence or coercion from any person and that the Guarantee has full understood the implications of the same.

8. 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 ay judgement.

For on behalf of (Parent Company) M/s��..



126

Signature Name Designation Official seal

Witness : 1. Signature _____________________ Full name ______________________ Witness : 2. Signature ______________________ Full name ________________________ Address __________________________



127

Circular No. 57/2010 dated 22.12.2010) Appexdix � 6

Proforma � �PFD�

SUB: PARTICULARS OF PF CONTRIBUTION FOR THE MONTH OF MONTH 200 (1) Name of the Firm/ Agency/ Contractor ___________________________ Nature of Contract : Job/ Service contract, AMC,

O&M, Petty contract, Security, Seasonal

(2) Postal address of the Contractor ______________________________ (3) Phone No. of the Contractor __________________________________

(4) Fax No. of the Contractor ___________________________________

(5) Address of PF office from where EPF Code No. has been allotted: ____________________

(6) EPF Code No. allotted by PF office _____________________

(7) Address of ESIC office from where ESI Code No. has been allotted: ___________________

(8) ESI Code No. allotted by ESIC Office

(9) Period of Contract : From____________ to ______________

(a) Extension period of contract, if any From _________ to _______ (b) Place where contract workmen are working (10) Labour Licence No. ________________________ dtd. ____________ (11) Validity period of Labour Licence From ___________ To _____________ (12) Details of Deposition of contribution towards EPF (a) EPF Challan No. ___________ Amount ____________ Date ___________ (13) Details of Deposition of contribution towards ESI (a) ESI Challan No. _______________ Amount _________________ Date _________

(14) Details of contract labour engaged by the contractor

Category No. of Workers

Prevailing Min. wages

Unskilled

Semi skilled

Skilled

Highly skilled

Total



128

Sl. No.

Full Name of the Contractual Workmen

Sub EPF Code No. of the Contractual Workman

No. of days present during the month

Amount paid Total Amount paid

Employees PF Contribution @ 12%

Employers PF Contribution @ 3.67%

Employers EPS Contribution @ 8.33%

Total Contribution deposited (Col No.8 + Col.9 + Col.10)

Employees ESI contribution @ 1.75%

Employers ESI contribution @ 4.75%

Total Contribution deposited (Col No. 13 + Col no. 14)

Mini Wage

Plus any other pay

1 2 3 4 5 6 7 8 9 10 11 12 13 14

CERTIFIED THAT

a) I have paid the notified minimum wages to my contractual workers as per the agreement.

b) The above information is correct to the best of my knowledge.

c) In case nay discrepancies or irregularties is /are noticed in this agreement, then ONGC is free to inform the PF/ESIC Authorities.

d) Within one month on completion/expiry of the contract, I shall fill up the prescribed Forms for withdrawal or transfer of

PF/Pension Account in favour of my contractual workmen under control and intimate to Principal Employer.

e) Before the completion of contract, I shall serve one month notice to all my contractual workers, informing that their services will be terminated.

f) Within one month on completion/expiry of the contract, I shall pay all the dues/ terminal dues such as leave with wages, bonus

(if applicable), Gratuity (if applicable), to all my contractual workmen, failing which my Bank Guarantee/ Security Deposit may be withheld by ONGC.

Date:

Place:

Signature & Seal of the Contractor



129

Appendix-7

FORM 6A (For unexempted establishments only)

THE EMPLOYEES� PROVIDENT FUNDS SCHEME 1952 [Paragraph 30 and 38(3) and

THE EMPLOYEES� PENSION SCHEME, 1995 [Paragraphs 20(3)]

CONSOLIDATED ANNUAL CONTRIBUTION STATEMENT Annual statement of contribution for the Currency Period from 1st �� 20�. to ��.. 20 �� Name and address of the Establishment ��.. Statutory rate of contribution. Code No. of the Establishment�� No. of members voluntarily contributing at a higher rate

Employer�s Contribution Sl. No.

Account No.

Name of the member

(in block capitals)

Wages, Retaining allowance (if any) and D.A. including cash value of food concession paid

during the currency period

Amount of worker�s

contributions deducted from

the wages

EPF difference between 12% and 10%

Pension fund 10%

Refund of Advance

Rate of higher

voluntary contribution

(if any)

Remarks

(1) (2) (3) (4) (5) (6) (7) (8) (9) 10

FORM 6A (Continued) RECONCILIATION OF REMITTANCES



130

Sl. No

Month AMOUNT REMITTED ADMINISTRATION CHARGES Rs. At 1.10% of wages

Aggregate Contributions Cols 5+6+7 (Rs.)

EPF Contributions

including refund of advances

A/c no. 1

Pension Fund contributions

A/c No.10

DLI Contribution A/c No. 21

Rs.

Admn. Charges A/c No.2

Rs.

EDLI Admn. Charges 0.001%

Rs.

1 March paid in April

Rs. Rs. Rs.

2 April Rs. Rs. Rs. 3 May Rs. Rs. Rs. 4 June Rs. Rs. Rs. 5 July Rs. Rs. Rs. 6 Aug. Rs. Rs. Rs. 7 Sept. Rs. Rs. Rs. 8 Oct. Rs. Rs. Rs. 9 Nov. Rs. Rs. Rs. 10 Dec. Rs. Rs. Rs. 11 Jan. Rs. Rs. Rs. 12 Feb. paid in

March Rs. Rs. Rs.

13 Arrear, If any

Rs. Rs. Rs.

Total Rs. Rs. Rs.

Remarks

(1) Total number of contribution cards enclosed (Form 3A Revised)

(2) Certified that Form 3A,

duly completed, of all the members listed in this statement are enclosed, except those already send during the course of the currency period for the final settlement of the concerned members account vide Remarks furnished against the names of the respective members above.

Signature of employer with official seal NOTE:- (1) The names of all members, including those who had left service during the currency period, should be included in this statement. Where the Form 3A in

respect of such members had left service were already sent to the Regional Office for the purpose of final settlement of their accounts, the fact should be stated against the members in the �Remarks� column above thus �form 3A already sent in the month of ��.�

(2) In case of substantial variation in the wages/contributions of any member as compared to those shown in previous statement, the reason should be explained adequately in the �Remarks� column.

(3) In respect of those members who have not opted for Pension Fund their entire employers contribution @ 8.1/3% or 10% as the case may be shown under column no.6.



131

Appendix-8 The Employees� Provident Funds Scheme 1952

FORM 12 (Revised)

THE EMPLYEES� PROVIDENT FUND SCHEME, 1952

[Para 38(2)] STATEMENT OF CONTRIBUTION FPR THE MONTH OF ��

Wage Period From��.. To �� Name and Address of the Establishment ��. Code No��. Sl. No.

A/C No.

Name of the member (in block Capitals)

Wages, retaining allowance (if any) and D.A. including cash value of food concession paid to the member during the wage period.

Amount of member�s contribution deducted from the wages

Employer�s contribution

EPF (a)

EPF 1.1/4% (b)

Total (c)

EPF (a)

EPF 1.1/4% (b)

Total (c)

Remarks

1 2 3 4 5

6 7

Total amount of contributions including refund of advances ��.. Administrative charges ��. Total amount deposited in

(i) Account No. 1 Rs. ��.. (ii) Account No. 10 Rs. ��

Bank in which deposited ��. No. and date of Bank Draft/Cheque Reserve Bank of India ��

Signature of the Employer or Other Authorised Officer

Dated ��.. Stamp of the Establishment Note:- (1) The names of existing members should be shown in the list of each month

in the consecutive serial order of the account numbers. New members whose names are shown in the return for the first time should be shown at the end with a heading �New Members�. In the case of members transferred from another factory/establishment the name of the factory/establishment from which transferred should be given in the �Remarks� column.



132

(2) Mention should be made in column No.8 above, about member�s rate of voluntary contribution.

(3) Variation in wages/contribution with that of previous month should be explained suitably in the remarks column.

FROM 12A (Revised)

(For Unexempted Establishments only) THE EMPLOYEES� PROVIDENT FUNDS SCHEME, 1952

[Proviso to paragraph 38(2)] STATEMENT OF CONTRIBUTION FOR THE MONTH OF ��

Name and address of the establishment ��.. Code No. of the establishment ��.



133

Appendix-9 Service Tax on the service portion involved in the execution of the contract shall be Determined in the following manner: SI No.

Particulars Value for Service Tax

Remarks

(A) In case Works contract entered into for execution of Original Works. Original works means all works relating to: i. new constructions; ii. additions and alterations to abandoned / damaged structure on land to make them workable; iii. erection, commissioning or installation of plant, machinery or equipment or

structures, whether pre-fabricated or otherwise.

40% of the total amount charged for works contract

- LSTK contracts viz. construction of Platforms, GGS/ CTF/ EPS/ laying of

Pipeline, etc. - Contracts for dismantling and reconstruction of

plant / facilities including laying of pipeline, etc.

(B) In case of works contract entered into for maintenance or repair or reconditioning or restoration or servicing of any goods.


Contract for repair & maintenance relating to any movable property such as Dry docking of Rig/Vessel; Refurbishment of Rig, equipments such as Turbines, compressors, etc. AMC of equipments, etc.

(C) In case of other works contracts, not covered under sub-clauses (A) and (B), including maintenance, repair, and completion & finishing services such as glazing, plastering, floor and wall tiling, installation of electrical fittings of an immovable property.


This is a residual category, wherein works contract other than original works, repair/maintenance of movable property shall be covered, such as repair of - Platform, - Pipeline/ sub-sea pipeline, - Building etc

Note-2 : Total amount shall mean, sum total of gross amount charged for the works contract(contract value) plus Fair Market Value of all goods supplied and used for execution of works contract, less (i) the amount charged for such goods or services provided by the service receiver (ONGC); and (ii) the value added tax or sales tax included in gross price.



134

PART-D



135

SPECIAL CONDITIONS OF CONTRACT SCOPE OF WORK, TECHNICAL

SPECIFICATIONS



136

INDEX

SCOPE OF WORK, TECHNICAL SPECIFICATIONS &. SPECIAL CONDITIONS OF CONTRACT,

NO. Details

1. Scope of Work 2. Location of Site 3. Area for the Contractor 4. Dimensions and Levels 5. Safety of Adjacent Structures and Trees. 6. Temporary Works. 7. Temporary Roads. 8. Temporary Services. 9. Site Office 10. Facilities for Contractor�s Employees. 11. Site Order Book. 12. Barricading and Signages 13. Site Meetings. 14. Disposal of Refuse etc. 15. Contractor to Verify Site Measurements. 16. Hoarding - Deleted 17. Customs, IT, Sales Tax, Work Contract Tax 18. Other Agencies at Site. 19. Default of contract in compliance. 20. Inspection and Testing during manufacture. 21. Deleted 22. Approval only by defect liability/ maintenance completion

certificate. 23. Work by Other Agencies 24. Insurance 25. Way leaves etc. 26. Rate of progress. 27. Programme of works etc. 28. Traffic , special loads etc. 29. Contractor to keep site clear. 30. Power water and other facilities. 31. Deleted 32. (A) Observance by sub-contractors (B) Notices. 33. Indemnity. 34. Force majeure. 35. Methodology



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1. Scope of Work The scope of the work is to execute all the works in connection with �Development of Green Belt at AGPF area in ONGC Hazira Plant Surat� as detailed in Schedule of Prices and Specifications. The broad scope of work involve is:

Removal of wild growth like bushes and trees, making the ground suitable for tree plantation for an area 75000 Sqm

Excavating holes at a spacing of 3 m c/c

Supply of plants at site and plantation for 9207 saplings

Refilling the hole with earth and manure in the ratio of 2:1 respectively

Providing bamboo and fixing vertically to protect the plant from bending.

Hiring water tanker along with pump sets for 30 days for watering the plants during development phase

Watering the plants for 9 months during maintenance phase by hiring & operating water tanker including loading and unloading of water from nearby source provided by ONGC.

Maintenance of green belt including plants inside AGPF ONGC Hazira Plant. Maintenance convers replacing dead plants of same size as existing ones, manure and all labour, tool, all incidentals etc. The survival rate should be 100% of total saplings al all times.

2. Location of Site The site is located at, Additional Gas Processing Facility, ONGC Hazira Plant, Surat. 3. Area for the Contractor

All area including area for labour camp, site office, additional working space etc shall be arranged by the contractor at his own cost. Corporation neither undertakes any responsibility for providing the area for above nor will entertain any claim / reimbursement etc towards arrangement of additional area / land etc by the Contractor.

4. Dimensions and Levels

All dimensions and levels shown on the Drawings shall be verified by the Contractor on the site and he will be held responsible for the accuracy and maintenance of all dimensions and levels. Figured dimensions are in all cases to be accepted and no dimension shall be scaled. Large scale details shall take precedence over small scale drawings. In case of discrepancy the Contractor shall ask for clarification from the EIC before proceeding with the work.

5. Safety of adjacent Structures & Trees



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The Contractor, at his own cost, shall provide and erect such supports as may be required to protect efficiently all structures and protective guards to trees which may be endangered by the execution of the works or otherwise take such permanent measures as may be required by the EIC / Statutory authorities to protect the structures and trees.

6. Temporary Works

Before any Temporary Works are commenced the Contractor shall submit at least 14 days in advance to the EIC for approval, complete drawings of all Temporary Works he may require for the execution of the works. The Contractor shall also submit his calculations relating to strength, if required by the EIC and shall carry out the modifications that the EIC may require in accordance with the Conditions of Contract at his own cost. The Contractor shall be solely responsible for the suitability and safety of all temporary works and unfinished permanent works and for the quality of the permanent works resulting from the arrangement eventually adopted for their execution.

7. Temporary Road

All the Temporary roads/ diversions if required shall be provided by the Contractor at no extra cost as directed by the EIC. The Contractor shall be responsible for proper maintenance of these temporary roads/diversions and would take all care to see that existing services, if any, are maintained in working order.

The construction and maintenance of temporary roads within the site area shall be the contractor�s responsibility and the contractor shall take such measure as are necessary and as directed by the EIC.

8. Temporary Services

The Contractor shall provide and maintain all temporary services at his own cost on or about the site required for the execution of the works and shall remove them on completion. Cost to obtain any approval for such services shall be borne by the Contractor.

9. Site Office- Not applicable 10. Facilities for Contractor�s Employees

The Contractor shall make his own arrangement at his own cost for the housing and welfare of his staff and workmen including land, adequate drinking water and sanitary facilities. The Contractor shall also make his own arrangements at his own cost for transport where necessary for his staff and workmen to and from the sites of the works. The necessary drinking water and sanitary facilities and electricity for



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Corporation�s & EIC�s representative, contractors staff & labour & visitors at site shall be provided and maintained by the contractor at no extra cost.

11. Site Order Books

For the purpose of quick communication between the EIC and the Contractor or his Agent or Representative, Site Order Books shall be maintained at site in the manner as described below:

Any communication, relating to the works may be conveyed through records in the site books such as communication from one party to the other shall be deemed to have been adequately served in terms of the Contract. Each site book shall have machine numbered pages in triplicate and shall be carefully maintained and preserved by the Contractor and shall be made available to the EIC as and when demanded. Any instruction or other communications which the EIC may like to issue to the Contractor may be recorded by him in the Site Order Book and two copies thereof taken by the EIC for his record. The Contractor or his Agency or Representative may similarly record in the Site Book any communication he may like to send to the EIC. Two copies thereof when sent to the EIC and receipt obtained thereof, will constitute adequate services of the communication to the EIC.

12. Barricading and Signage�s

The work shall be carried out by the contractor in such manner to avoid inconvenience to the officials of Hazira Plant. Also the barricading and proper signages for effective information will have to be provided by the contractor at his own cost.

13. Site Meetings

Progress and quality evaluation meetings will be held at the site every week. The Contractors senior representative in charge of the project along with his site-in-charge and other staff including staff of approved sub-contractors if any and suppliers as required shall participate in these progress review meetings and ensure all follow up actions. Any additional review meetings shall be held if required, as decided by the EIC which also shall be attended by the above referred representative.

14. Disposal of Debris, Refuse etc.

The contractor shall dispose all the debris in dump yard near reservoir area or any other suitable place as suggested by the Engineer.

15. Contractor to verify Site Measurements

The Contractor shall check and verify all site measurements whenever required. At the time of raising of Invoice the contractor should mention Service Tax Number, its



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category and percentage of Service Tax on the face of Invoice without which no bill will be entertained.

16. Hoarding � Deleted. 17. Customs, IT, Sales Tax/VAT, Work Contract Tax

Deduction of Works Contract Tax Works contract tax as applicable shall be deducted at source by the Corporation from every bill of the Contractor

Deduction of Income Tax at Source Income Tax and Educational Cess at applicable rate shall be deducted at source, by the Corporation from every running bill.

Customs Duty Customs duty for imported materials as and if applicable, 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, storage, inland transportation, if any of materials, equipments and plant to storage godown(s), yard(s), Site(s) etc. Contractor shall be fully responsible for any delays, penalties, charges and losses, if any, in this regard. Corporation shall upon request from the Contractor along with necessary details provide recommendatory letter(s) for the Essentiality Certificate from Directorate General of Hydrocarbons for import of materials consumables and spares for the works at concessional rate of Customs duty as applicable. However, the responsibility of obtaining the Essentiality Certificate will be that of the Contractor.

The Contractor shall indemnify Corporation 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 Corporation/Contractor.

18. Other Agencies at Site

The Contractor shall have to execute the work in such place and conditions in the plant where other agencies will also be engaged for other works. No claim shall be entertained due to work being executed in above circumstances.

19. Default of Contractor in Compliance

If the Contractor after receipt of written notice from the EIC requiring compliance within ten days fails to comply with such further drawings and/or EIC�s instructions the



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Corporation may employ and pay other persons to execute any such work whatsoever that may be necessary to give effect thereto and all costs incurred in connection therewith shall be recoverable from the Contractor by the Corporation on the Certificate of the EIC as a debt or may be deducted from any money due to the Contractor by the Corporation

20. Inspection & Testing during Manufacture

The EIC shall be entitled during manufacturer to inspect, examine and test on the Contractor�s premises during working hours the materials and workmanship and check the progress of manufacture of all materials, products to be supplied under the Contract and if part of the said materials, products is being manufactured on other premises the Contractor shall obtain for the EIC permission to inspect, examine and test as if the said Plant were being manufactured on the Contractor�s premises. Such inspection, examination or testing if made shall not relieve the Contractor from any obligation under the Contract.

Corporation�s acceptance of the works shall not operate as a waiver of the Corporation�s rights under guarantees in the contract herein contained as to any short supply specified in the check list, defects and deficiencies.

21. Third Party Inspection- Deleted 22. Approval only by Defect Liability / Maintenance Completion Certificate

If any damage or repair is noticed in the existing structure during execution due to working contractor the same would be repaired at his own cost.

23. Work by Other Agencies

The Corporation/EIC reserves the right to use premises and any portions of the site for the execution of any work not included in this contract which it may desire to have carried out by other persons simultaneously and the Contractor shall allow all reasonable facilities for the execution of such work, but shall not be required to provide any plant or material for the execution of such work except by special arrangement with the Corporation. Such work shall be carried out in such manner as not to impede the progress of the works included in the Contract and the Contractor shall not be responsible for any damage or delay which may happen to or occasioned by such work.

24. Insurance A) CONTRACTOR shall, at his own expense, arrange appropriate insurance to cover

all risks assumed by the CONTRACTOR under this CONTRACT in respect of its personnel deputed under this CONTRACT as well as CONTRACTOR�s equipment, tools and any other belongings of the CONTRACTOR or their personnel during the



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entire period of their engagement in connection with this CONTRACT. ONGC will have no liability on this account.

However, CONTRACTOR shall not be required to take insurance cover for their

equipment, tools when these are in the custody of ONGC. B) Entire clause (B) deleted

C) Waiver of subrogation: All insurance policies of the CONTRACTOR with respect to the operations conducted hereunder as set forth in clause 13 hereof, shall be endorsed by the underwriter in accordance with the following policy wording:-

� The insurers hereby waive their rights of subrogation against any individual, CORPORATION, affiliates or assignees for whom or with whom the assured may be operating to the extent of the Contractual indemnities undertaken by the CONTRACTOR�.

D) Certificate of Insurance: Before commencing performance of the CONTRACT, CONTRACTOR shall upon request furnish CORPORATION with certificates of insurance indicating (1) kinds and amounts of insurance as required herein (2) insurance CORPORATION or companies carrying the aforesaid coverage (3) effective and expiry dates of policies (4) that CORPORATION shall be given thirty (30) days written advance notice of any material change in the policy (5) waiver of subrogation endorsement has been attached to all policies and (6) the territorial limits of all policies. If any of the above policy expire or/ are cancelled during the term of this CONTRACT and CONTRACTOR fails for any reason to renew such policies, then CORPORATION may replace same and charge the cost thereof to CONTRACTOR. Should there be lapse in any insurance required to be carried out by CONTRACTOR hereunder for any reason, losses resulting therefrom shall be to the sole account of the CONTRACTOR. Such insurance shall be effected within Insurance Company incorporated and registered in India or jointly with a Company of International repute and an Insurance Company incorporated and registered in India.

E) Deductible:- That portion of any loss not covered by insurance provided for in this

article solely by reason of deductible provision in such insurance policies shall be to the account of the CONTRACTOR.

F) CONTRACTOR shall require all of its SUB-Contractors to provide such of the

foregoing insurance cover as the CONTRACTOR is obligated to provide under this CONTRACT.

25. Way leaves etc

The Contractor shall bear all expenses and charges for special or temporary way leaves required by him in connection with access to the site. The Contractor shall also provide at his own cost any additional accommodation outside the Site required by him for the purpose of the works.



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26. Rate of Progress

In the case during execution of work the progress falls behind schedule, Contractor shall deploy extra manpower, constructional plant and equipment and resources to make up the progress. Programme for deployment of extra manpower/constructional plant and equipment, resources will be submitted to the Corporation for its review and approval. All time and cost effect in this respect shall be borne by the Contractor unless otherwise expressly provided in the contract.

27. Programme of Works

i) Within 15 days of issuance of Notification of Award the Contractor shall prepare and submit a detailed programme of work in the form of Bar Chart/Mile Stone network) showing all activities, weight factors of various activities, dependencies and the order of procedure in which he proposes to carry out the works for efficient report monitoring. Within 15 days from the date of submission of the EIC shall convey to the Contractor his comments on the programme.

ii) Programme to be Modified

If at any time it should appear to the EIC that the actual progress of the works does not conform to the approved programme referred to in sub-clause (i) of this clause, the Contractor shall immediately take remedial action at his cost and produce a revised and detailed programme showing the modifications in the original programme necessary to ensure the completion of the works within the time for completion as defined in Clause 21 of GCC

28. Traffic

i) The Contractor shall use every reasonable means to prevent any of the highways or bridges communicating with or on the routes to the site from being damaged or injured by any traffic of the Contractor or any of his sub-contractors and in particular shall select routes and use vehicles and restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the moving of plant and material from and to the site shall be limited as far as reasonably possible and so that no unnecessary damage or injury may be occasioned to such highways and bridges.

ii) Special Loads

Should it be found necessary for the Contractor to move one or more loads of Constructional Plant Machinery or pre-constructed units or parts of units of work over part of a highway or bridges the moving whereof is likely to damage any highway or bridge unless special protection or strengthening is carried out then the Contractor shall adopt proper and adequate measures and shall be responsible for all the costs and consequences thereof.



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iii) Settlement of Extra-ordinary Traffic Claims

If during the carrying out of the works at any time or thereafter the Corporation shall receive any claim arising out of the execution by the Contractor of the works in respect of damage or injury to highways or bridges he shall immediately report the same to the EIC and the Contractor and thereafter the Contractor shall negotiate the settlement of and pay all sums due in respect of such claims and shall indemnify the Corporation in respect thereof and in respect of all claims, demands, proceedings, damages, costs charges and expenses in relation thereto provided always that if and so far as any such claims or part thereof shall in the opinion of the EIC be due to any failure on the part of the Contractor to observe and perform his obligation then the amount certified by the EIC to be due to such failure shall be paid by the Contractor.

29. Contractor to keep Site Clear

During the progress of the works the Contractor shall keep the site reasonably free from all unnecessary obstruction and shall store or dispose of any construction and shall store or dispose of any constructional plant and surplus materials and clear away and remove from the site any wreckage, rubbish or temporary works which are no longer required.

30. Power, Water & other Facilities

Notwithstanding anything contained elsewhere in the Contract, the Contractor shall make its own arrangements for all the facilities / resources required to carryout the work including but not limited to material handling etc. a. Under normal circumstances, power will be provided to the contractor, free of

charges by the Corporation and Contractor shall make his / their own, arrangements for safe distribution of power from designated point of supply.

b. Construction Water required for the execution of work may be supplied to the

contractor at the discretion of the Project Manager (under normal circumstances) on the following conditions,

i. ONGC shall deduct water charges, @ 1% of the total cost of the entire work

done under the contract, from the bills.

II. Contractor shall make his / their own arrangements for safe distribution from the Corporation's designated point of supply and storage of construction water for use in construction. It should be clearly understood that corporation do not guarantee to maintain uninterrupted water supply and in the event of any breakdown in the corporation�s water supply, it will be incumbent on the contractor to make alternative arrangements for water at his / their own cost so that progress in his / their work is not held up for want of water. No claim for



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damages or refund of water charges will be entertained on account of such break down.

Testing of water if required (for potability) as directed by the PM / TPI shall be obligatory on the Contractor & testing charges shall be borne by him. However, in case of exigencies, operational requirements or unscheduled outages, contractor to make his own arrangement for such an eventuality without time and cost implications to the Corporation.

31. Labour Laws (Deleted for labour laws refer clause 36 of GCC) 32 (A) Observance by Sub-contractors

The Contractor shall responsible for the observance by sub-contractors employed by him in the execution of this contract of the provisions hereof and applicable laws, rules and regulations.

It is the responsibility of the Contractor to make payment of minimum wages to his workmen as fixed by the Labour Authorities from time to time or any directives issued in this regard. The Contractor must ensure deposit of EPF amount in the Account of his workmen every month and submit the proof of deposit of the same along with the bills.

32. (B) Notices

Any notice to be given under the contract shall be given by sending the same by personal delivery, post, telegram, Telex or Telefax to the address of the relevant party set forth below: To the Corporation:

Attn: Deputy General Manager (Civil),

Oil and Natural Gas Corporation, Hazira Plant, Civil Engineering Section, PO: ONGC Nagar-1, Magdalla, Surat - 394518. Telephone: 0261-2875885

To the Contractor:

��



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Any notice sent by telegraph, telex or telefax shall be confirmed within 2 days after dispatch of notice sent by post. Any notice delivered personally or sent by Telegraph/Telex or Telefax 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, cable or telex/telefax address for receipt of such notice. In this condition notices shall include any instructions, orders and certificates to be given under the contract.

33. Indemnity

Unless otherwise specified elsewhere in this CONTRACT, CONTRACTOR shall indemnify and keep indemnified CORPORATION, its CONTRACTORs (other than the CONTRACTOR) 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) judgements 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 :

a) personal injury, illness or death of :

i) any of CONTRACTOR�s or subCONTRACTOR�s personnel (even if caused by or contributed to by the negligence or fault of CORPORATION); and

ii) subject to clause 17.2 (a) (I) any other person to the extent the injury, illness or death is caused by the negligence or fault of the CONTRACTOR or CONTRACTOR�s personnel or subCONTRACTORs or subCONTRACTOR�s personnel and

b) loss or damage to :

i) any property owned, hired or supplied by CONTRACTOR or CONTRACTOR�s personnel or subCONTRACTORs or subCONTRACTOR�s personnel including Constructional Plant (even if caused by, or contributed to by, the negligence or fault of CORPORATION); or

ii) subject to clause 17.2 (b) (I) any other property to the extent the loss or damage is caused by the negligence or fault of the CONTRACTOR or CONTRACTOR�s personnel or subCONTRACTORs or subCONTRACTOR�s personnel.

33.2 INDEMNITY BY CORPORATION :



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Unless otherwise specified elsewhere in this CONTRACT, CORPORATION shall indemnify and keep indemnified CONTRACTOR (which expression in this clause includes, unless the context otherwise requires. SubCONTRACTORs of any tier and their employees) from all actions, proceedings, suits, claims, demands, liabilities, damages, losses, costs, charges, expenses and fines arising from :

a) personal injury, illness or death of

i) any employee of the CORPORATION (even if caused by or contributed to by the negligence or fault of CONTRACTOR);

ii) subject to clause 17.1 (a) (I) any other person to the extent that the injury, illness or death is caused by the negligence or fault of CORPORATION ; and

b) any loss or damage to :

i) any property owned, hired or supplied by CORPORATION (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.

Subject to clause 17.1 (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 CORPORATION

34. Force Majeure

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, the relative obligations of the party affected by such force majeure shall be suspended for the period during which such cause lasts.

The term �force Majeure� as employed herein shall mean acts of God, War, Civil Riots, Fire directly affecting the performance of the Contract, Flood and Acts and Regulations of respective Government of the two parties, namely the Corporation and the Contractor.

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 the beginning of the cause amounting to Force Majeure as also the ending of the said cause by giving notice to the other party within 72 hours of the beginning and the ending of the cause respectively. If work is suspended by Force Majeure conditions lasting for more than 2 (two) months, the Corporation shall have the option of canceling this contract in whole or part at his discretion without any liability on his part.



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Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for which such cause lasts.

35. Methodology

The work shall be carried out as per latest CPWD specifications (Vol-I to Vol-VII) and as described in �Schedule of Price� attached herewith. The rates of tender items include cost of materials, transportation to site, manpower, equipments, tools, fuel testing and any / all other incidental / associated expenses and inclusive all taxes applicable to complete the respective items of � schedule of Price�



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ADDITIONAL CONDITIONS



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ADDITIONAL CONDITIONS OF CONTRACT:-

1. The successful tenderer will be required to execute an agreement, on a non-judicial stamp paper at his own cost, in the prescribed form. In the event of failure of the tenderer to sign the agreement within thirty days from the date of issue of the letter of acceptance of tender, the amount of earnest money and initial security shall be forfeited to the CORPORATION and the acceptance of his tender may be considered as withdrawn except that in the event of the letter of acceptance not being issued within 60 days from the date of opening of the tenders, the tenderers shall have the option of withdrawing of the date of opening of the tenders, the tenderers shall have the option of withdrawing of tender, in which event the earnest money and the initial security shall be refunded in full.

2. All contract or terms thereof entered into between the Corporation and the

contractor under the conditions of contract shall be governed and regulated by the relevant laws for the time being in force in the territory of Indian relating to contracts.

3. EXAMINATION OF CERTAIN CONDITIONS BEFORE TENDERING BY THE

CONTRACTOR TO BE PRESUMED :

i. The contractors shall be presumed to have inspected & examined the site and its surrounding and satisfy themselves by the careful examination before submitting their tender as to the nature of the ground and subsoil, the form and the nature of the site, the quantities and the nature of the work & materials necessary for the completion of the work and means of access to the site, the accommodation they may require and all other matters incidental thereto, and ancillary thereof, affecting the execution and the completion of the work. They shall also be presumed to have satisfied himself before tendering as to the correctness and the sufficiency of the tender for the work as quoted by him in the tender schedule which rates and prices shall (except in so far as it is hereinafter otherwise specifically provided) cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work.

ii. It is agreed and understood that no extra payments shall be admissible

to the contractor under any circumstances whatsoever consequent on any alleged misunderstanding or miscalculation or arising out of other mistake or factor not specifically provided in the contract.

4. The contractor shall not carry out any work between hours of sun-set and

sunrise without the previous permission of the Engineer-in-charge in writing.

5. The contractor shall keep an order book at the site of the work. Any special orders or instruction to be issue to the contractor will be recorded in this book



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by the Engineer-in-Charge or his representative. This book will always be kept at the site of the work. The contractor will however sign each entry in the order book as a token of him seeing and noted. The order book will be the property of the CORPORATION. The order book should preferably be a half quire ruled, with serially numbered page and bound register.

6. The work will not be treated as completed and taken over by the

CORPORATION till all the components of the work/ structure after being constructed at site in all respects have been tested by the Engineer-in-charge to his satisfaction. All tests shall be carried out by the contractor at his own cost as and when directed by Engineer-in-Charge.

7. The contractor shall be responsible for clearing the site of the work including

clearance of vegetation shrubs, trees upto 30 cm. girth, bushes and mounds etc. at his own cost and nothing extra shall be paid to them for that site. The work shall include clearance of actual site of construction and trees, all the roots shall be cleaned to the satisfaction of the , Engineer-in-charge and this shall be the property of the CORPORATION.

8. Any water tank or pit constructed at the site of the works shall be protected by

suitable parapet walls to avoid fall of any cattle or person. Contractor shall be responsible for any loss damage caused due to non compliance of this requirement.

9. Any statutory increase in the minimum wages and resultant increase in PF,

ESI, Bonus & Leave with wages occurring subsequent to the last date for submission of the bid shall be reimbursable by the ONGC to the contractor on production of notification/ order issued in this regard by the Government/ concerned authority and on proof of having issued so paid to the workers deployed under this contract and the authority concerned as the case may be.

10. The contractor at his own cost shall construct a godown for storage of cement,

material which shall not permit entry of moisture or rainwater.

11. Within 15 days of the receipt of work order to commence the work, the contractor shall intimate to the Engineer-in-charge in writing the name of his authorized representative along with his attested signature who will receive the materials and also not down instruction given to him from time to time and all such instruction, transaction shall be binding on the contractor.

12. All the charges regarding sales tax, royalty, octroi and any other charges that

may be payable by the contractor shall be paid by him and nothing extra shall be paid to the contractor on this account by the department.

13. All steel required for the work shall confirm to the relevant I.S.I specification

and shall be purchased from the standard manufacturing concerns such as Tatas, SAIL, Punjab Rolling Mill etc.



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14. Samples of all materials to be used on the work shall be first approved by the

Engineer-in-charge before actual use on the work and or such approval requisite test. If any, indicated by the Engineer-in-charge shall be carried out by the contractor at his own cost and nothing extra shall be paid for the same.

15. Nothing extra shall be paid for dewatering, de-silting and cleaning of trenches

due to collapsed wall unless otherwise caused by spring, tidal or river seepage, broken water mains and drains. Contractor�s rate shall be deemed to provide necessary shorting or other protective measures to guard against collapsing of the trench sides.

16. For RCC works all cement concrete invariably should be mixed in concrete

mixers except in emergencies. Small quantities where hand mixing is allowed, prior permission of Engineer-in-charge shall be obtained.

17. Labour rates notified by Regional Labour Commissioner (Central), Ahmedabad

and Dy CLC (L) Mumbai fixing Rs 50/- per day shall be applicable to work out the rates of extra items as per clause 12 (v) and for deviated items as per clause 12. The rates of such categories of labour which are not available in the list notified by the Regional Labour Commissioner (Central) , Ahmedabad shall be taken from the DSOR � 2007.

18. Each tenderer is required to visit the site of work before he fills up his rates for

submission for the purpose of getting himself fully acquainted with the existing site conditions including type of soil to be met with, sub soil water level etc.

19. Unless otherwise specified in the bill of quantities against individual items, all

items shall be deemed to include supply of all items of different materials and all kinds of labours required to execute the item fully and finally.

20. For all items of plastering the thickness specified in the bill of quantities is the

average thickness on single continuous flat surface, on rough surface of single and half brick walls no extra payment shall be entertained than the average thickness as shown in the bill of quantities.

21. Items of work shown in the bill of quantities deemed to include all lift and lead

of the materials unless otherwise provided in the latest CPWD specifications.

22. In respect of items of work or materials where no specifications are available in CPWD specification the relevant BIS code will be applicable.

23. No verbal agreement or references from conversation with any officer or

employee of CORPORATION or the owner either before or after the execution of contract shall be in any way affect or modify any of the terms of the contract herein contained.



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24. CONDUCT OF CONTRACTOR�S FIELD STAFF :

The contractor shall be responsible for the proper behavior of all the staff, foreman, workman and others etc. and shall exercise a proper degree of complete control over these and in particular and without prejudice to the said generally, the contractor shall be bound to prohibit and prevent an employees from trespassing or acting in any ways detrimental or prejudicial to the interests of the community or of the proprietors or occupiers of land and properties in the neighborhoods and in the event of such employee so trespassing the contractor shall be responsible thereof and relieve the CORPORATION and the owner of all consequent claims or actions for damage or injury or any other grounds whatsoever. The decision of the Engineer-in-charge upon any matter arising under this clause shall be final.

25. If and whenever any of the Contractor or subcontractor or his agents, foreman, or any other employees of contractor/ subcontractor shall in the opinion of Engineer-in-charge be guilty of any misconduct or found to be incompetent or insufficiently qualified or negligent in the performance of their duties or that in the opinion of the Engineer-in- Charge, it is undesirable for administrative or any other reason for such person or persons to be employed in the works, the contractor, if so directed by the Engineer-in-Charge shall at once remove such person(s) from employment thereon. Any person or persons so removed from the works shall not be employed in connecting with the works without the written permission of the Engineer-in-charge. Any person so removed from the areas shall be immediately replaced within stipulated time not exceeding 24 hours in any case at the expense of the contractor by a qualified and competent person(s) as per the satisfaction and opinion of the Engineer-in-charge. Should the Contractor requested to represent any person remove from the works he shall do so and shall bear all the expenses and costs in connection therewith.

26. If the contractor is not able to replace the worker as per condition above, the

contractor would be levied penalty for such act and the penalty shall be at the discretion of the EIC depending on the nature and urgency of the work but limited to Rs. 500/- for each such case.

27. MATERIAL TO BE SUPPLIED / PROCURED BY THE CONTRACTOR

Corporation will insist on the procurement of materials which bear ISI mark and/ or which are of reputed make approved by EIC. All materials procured should meet the specifications given in the tender document. The Engineer-in-charge may at his discretion ask for samples and test certificates for any material procured. Before procuring, the contractor should get the approval of Engineer-in-charge for any material to be used for the works. The approved samples (one each) for the joinery, plumbing and sanitary fillings as per direction should be deposited to the office before commencement of the work, which will be paid accordingly.



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28. Manufacturer�s certificates wherever needed at the discretion of EIC shall be

submitted for all materials supplied by the contractor. If however, in the opinion of Engineer-in-charge any tests are required to be conducted on the materials supplied by the contractor; these will be arranged by the contractor promptly at his own cost.

29. DISCREPANCIES BETWEEN INSTRUCTIONS :

Should any discrepancy occur between the various instructions furnished to the contractor, his agents or staff or any doubt arise as to the meaning of any such instructions or should there be any misunderstanding between the contractor�s staff and the Engineer-in-charge�s staff, the contractor shall refer the matter immediately in writing to the Engineer-in-charge whose decision thereon shall be final and conclusive and no claim for losses alleged to have been caused by such discrepancies between instructions, doubts, or misunderstanding shall be in any event be admissible.

30. ASSISTANCE TO THE ENGINEER :

The contractor shall make available to the Engineer-in-charge free of cost all necessary instruments and assistance in checking and setting out of works and in the checking any works made by the Contractor for the purpose of setting out and taking measurements of work. He shall also provide all instruments and labour free of cost for testing and inspection of all works either under progress or on completion.

31. All the tests that will be necessary in connection with the execution of the work

as decided by the Engineer-in-charge shall be carried out at the cost of contractor at Government or any other testing laboratory as directed by Engineer-in-charge . The contractor shall bear the cost of sample and its carriage to the requisite laboratory as per the direction of the Engineer-in-charge.

32. Internal telephone connection at site office may be given to the Agency by

department, if available.

33. Agencies shall keep their authorized representative in ONGC premises from 8.00 AM as to 6.15 PM for taking instructions from E.I.C or his representative for efficient discharge of complaints.

34. Agencies must be approachable on telephone.

35. Contractor will have to construct at his own cost & working camp office i/c.

stores for which nothing extra shall be paid and contractor will have to remove his establishment within ten days of completion of agreement. However, a plot of land within ONGC premises will be provided to contractor and all expenses



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towards development of such plot will be borne by contractor. The site camp premises should be kept totally clean and materials properly stacked / stored.

36. The contractor shall arrange to obtain necessary entry permits for the labour

as well as trucks and other equipments that may be necessary to be taken inside the campus area. (including identity cards for al staff/ workers employed by contractor at his own cost).

37. No property of the ONGC such as fire hydrant, trees, sewage line, water lines,

electrical cable, Builidings etc. in the area belonging to the administration shall be tempered with. In case of default, the damages as assessed by the Engineer-in-charge whose assessment shall be final and binding on the contractor & shall be payable by the contractor.

38. The contractor may have to work during nights as well as during holidays and

Sundays according to the exigencies of the works No claim on this account shall be entertained by ONGC.

39. Unless otherwise expressly stipulated in the specifications all mode of

measurements shall be as per laid down in IS � 1200- 1964. 40. Wherever any dispute regarding mode of measurements, the decision of

Engineer-in-charge shall be final and binding on the Contractor. 41. The E.I.C. reserves the right to order any item / items of the tender

independently as may be considered expedient, contractor shall be bound to execute item of the tender at his quoted rates as and when he is called upon to do so at any stage during the pendency of the contract.

42. The work involves working in all locations, heights and under all conditions and

for all surfaces plain, curved etc., no plea on any account for consideration of rates will be entertained.

43. The work shall be started at site only after written clearance is given by EIC or

his representative. 44. The rate quoted shall be deemed to cover working under all adverse

conditions. 45. The contractor will have to work in close co-operation and co-ordination with

other agencies on the site as well as with the various departments of the Organisation/ residents.

46. Additional conditions of contract shall be read in conjunction with the General

conditions of contract, specifications of work, drawings and any other documents forming part of this contract.



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47. Where any portion of the general conditions of contract is repugnant to or at variance with any provisions of the additional conditions of contract, then unless and different intention appears, the provisions of the additional conditions of contract shall be deemed to override the provisions of the General conditions of contract and shall prevail to this extent of such repugnancy of variations.

48. Service Tax : (Deleted) refer relevant clause in GCC 49. Details of statutory payments like EPF and ESI etc.

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) Dully filled in �Proforma-PFD�, as per Appendix-6 of Part-C, alongwith the monthly bills and copies of challan for payment of EPF and ESI etc.

ii) Copy of �Form-12� submitted by the Contractor to the PF Commissioner regarding �statement of Contributions � on monthly basis.(Blank Format enclosed at Appendix-8)

iii) Copy of �Form-6A� submitted by the Contractor to the PF Commissioner on an annual basis/ on expiry of contract.(Blank Format enclosed at Appendix-7)

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 etc.) in the Corporation, shall verify from the EPF/ESI authorities the details/status of the payment made by the Contractor. In case the information furnished by the Contractor is found to be incorrect the Corporation shall take appropriate action against the Contractor.

Note: Conditions for applicability of above provisions

Above clause w.r.f. 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



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(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) Fulfillment 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 whrein the contractor has employed only those of his employees whose pay exceeds Rs. 6500/- per month. 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 to Rs. 6500/- per month. (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 to Rs. 15000/- per month. Further, ESI Act, 1948 is applicable only 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 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.

50. Mode of monthly Payment of Maintenance Cost:

The monthly payment of the maintenance of plants (Item No 5: maintenance of plants�) shall be made proportionately as follows: 12 months maintenance cost as per Work Order/NOA (ie. for item No 5 maintenance of plants for green belt...) ----- A Rate payable per month ----- 1/12 x A



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51. 100% survival.

The contractor has to ensure 100% survival of the plants all the time. In case of death of plant(s) the same have to be replaced within one week failing which 25% of the monthly cost of maintenance and watering i.e. item No 5 plus item No 6 shall be withheld from the subsequent month�s payment till the dead plants are replaced. In addition to above proportionate monthly maintenance cost (Maintenance of plants plus watering the plants) shall be recovered (on non refundable basis) for the period dead plants have not been replaced. However at the end of the contract if survival of plants is not found to be 100%, then in addition to action as mentioned in the above para (clause 51), LD shall be levied as per clause No 18 of GCC for the period of delay beyond the completion date (ie. till the plants are replaced by the contractor).

Signature of Contractor Signature of Engineer-in-Charge.



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PART-E



160

SPECIFICATIONS



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SPECIFICATIONS FOR THE WORK

GENERAL: Latest CPWD specifications (Vol-I to Vol-VII) and as described in �Schedule of Price� attached herewith. MEASURMENT OF WORK DONE:

Measurement of work done shall be in the unit as mentioned in the schedule of price The excess materials / debris from the work site shall be disposed off at Construction Reservoir or as directed within Plant area after taking due care of the safety norms of Hazira plant.



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SCHEDULE OF PRICE



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Name of Work: Development of Green belt at AGPF area in ONGC Hazira Plant SCHEDULE OF PRICE

Sr No

Item Description Unit Qty Rate Amount

SUB HEAD - A

1 Supply of JCB including operating staff, supply of lubricating oil and diesel etc complete as directed by EIC for removal of wild growth like bushes & trees , making the ground suitable for trees plantation and movement of water tanker for watering the newly planted trees

Day 30.00 10464.82 313,944.60

2 Excavating holes more than 0.10 cum & upto 0.50 cum including getting out the excavated soil, then returning the soil as required in layers not excedding 20 cm in depth, including consolidating each layer by ramming, watering etc, disposing of surplus excavated soil; as directed within a lead of 50 m and lift upto 1.5 m

Each 9207.00 51.84 477,290.88

3 Mixing earth and sludge or manure in the required proportion specified or directed by the Officer-in-charge.

Cum 920.70 17.24 15,872.87

4 Hiring water tanker along with pump set to 5000L capacity with driver and fuel complete for supplying water to all the plants. (Water shall be supplied from nearest source within the plant)

Day 30.00 1395.31 41859.30

5 Maintenance of plants for green belt inside AGPF, ONGC Hazira Plant. Maintenance covers replacing dead plants of same size as existing ones, manure and all labour, tools, all incidentals, contractor's profit etc complete. Survival rate should be 100% of saplings

LS 1.00 250000.00 250000.00

Note: 1. The maintenance period will of 12 months reckoned from next day to actual completion of development of greenbelt. 2. Total 9000-10000 saplings are to be plants in and maintained in an area of 75000 Sqm (two strips of land measuring 1750 x 30 m and 750 x 30 m). 3. The unwanted wild vegetation is to be cut and removed periodically from the area in between plants and the entire green belt area is to be maintained neat and clean during maintenance period.



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6 Watering the plants of the greenbelt by hiring & operating water tankers including all accessories, hosepipe, cost of diesel, manpower etc complete as directed. Water shall be supplied from the nearby source provided by ONGC and contractor has to arrange for loading and unloading

Per months

9.00 30000.00 270000.00

SUB HEAD - B

7 Supplying and stacking of well decayed cow dung manure at site including royalty and carriage upto a lead of 15 km (Cow dung manure measured in stacks will reduced by 8% for Payment).

Cum 306.90 304.01 93,300.67

8 Supply and stacking of 'yellow garden earth' at site (ONGC Plant at Bhatpore) including royalty and carriage up to inside ONGC plant. (earth measured in stacks will be reduced by 20% for payment)

Cum 204.60 491.00 100,458.60

9 Providing anf fixing bamboo 25 mm dia and 2.5 m long to protect the plant

Each 4604.00 10.31 47467.24

10 Supply and plantation of plant of various different varities like Baval, Peltroforum,Kasid, Kajelia, Rain tree, Paras piple, Rambaval, Pilu, Limdo and jambun as directed by EIC at ONGC Hazira plant

Each 9207.00 17.30 159281.10

Total of SUB HEAD - A Rs. 1,368,967.65

Total of SUB HEAD - B Rs. 400,507.61

Add Service Tax @ 12.36% on SUB HEAD - A

Rs. 169,204.40

Add Service Tax @ 12.36% on 60% of SUB HEAD - A

Rs. 29,701.64

Total of SUB HEAD - A + SUB HEAD - B with service tax

Rs. 1,968,381.30

Total Cost of Work with Service Tax and Contingencies

Rs. 1,968,381.30

Note: The above rates include plantation of trees.



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PRICE FORMAT

PERCENTAGE QUOTING FORM

Name of Work: (Development of Green Belt at AGPF area in ONGC Hazira Plant

Surat) SUB HEAD - A (i) Estimated Cost (excluding service tax) = Rs 13,68,968.65 (ii) Applicable Service Tax @ 12.36% of estimated cost = Rs 1,69,204.40

(refer note 3 & 4 below) (iii) Total Cost including Service Tax {(i) + (ii)} = Rs 15,38,172.05 SUB HEAD � B (i) Estimated cost (excluding service tax) = Rs 4,00,507.61 (ii) Applicable Service [email protected]% on 60% of the estimated cost = Rs 29,701.64

(refer note 3 & 4 below) (iii) Total Cost including Service Tax {(i) + (ii)} = Rs 4,30,209.25 1. Total Estimated Cost (Sub head A + Sub head B) excluding service tax

= Rs 17,69,475.26 2. Applicable Service Tax (Sub head A + Sub head B) = Rs 1,98,906.04 3. Total Estimated Cost including Service Tax (Sub head A + Sub head B)

= Rs 19,68,381.30 Percentage quoted (including all Taxes, Duties, etc.) in figure = �� % and (in

words)�� .. Percent ABOVE* / BELOW* / AT PAR*

over the schedule of rates for all items as per the price schedule on estimated value at

Sr No (3) above.

* Put �X� mark against the word / phrase applicable in the box provided and leave

the other boxes blank.



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DETAILS OF PRICE QUOTED

SUB HEAD - A 1 Amount corresponding to the percentage

quoted. Rs. ___________________

2 Service Tax @ 12.36% or as applicable Rs. ___________________

3 Total Cost including Service Tax (Sr No 1 + Sr No 2)

Rs. ___________________

SUB HEAD � B

4 Amount corresponding to the percentage quoted.

Rs. ___________________

5 Service Tax @ 12.36% or as applicable

Rs. ___________________

6 Total Cost including Service Tax (Sr No 4 + Sr No 5)

Rs. ___________________

7 Total Evaluated Price (Sr No 3 + Sr No 6) #

Rs. ___________________

Note: 1. Item wise details provided above are estimated Qty. rate & amount etc, however

Bidder are required to quote in percentage (+/-) above the estimate in the above percentage quoting form.

2. As per service tax rules, value of service portion in the execution of a works

contract shall be equivalent to the gross amount charged for the works contract less the value of property in goods transferred in the execution of the works contract. If the value of goods to be incorporated in works and value of services can be separated, service tax @ 12.36% shall be payable on the value of services. Whereas If the nature of work does not provide for value of goods to be incorporated in works and value of services separately, Clause 3 (i) of the circular is not applicable in this case. Now as per the above mentioned circular, in case the value of service tax can not be determined under clause 3 (i), the same can be determined as explained under clause 3. (ii). Clause 3(ii) (A) is for original works which means all works relating to new constructions, additions and alterations to abandoned / damaged structure on land to make them workable and erection, commissioning or installation of plant, machinery or equipment or structures, whether prefabricated or otherwise, Clause 3.(ii).(B) is for repair & maintenance to any movable property and clause 3.(ii).(C) is applicable for works not covered under clauses (A) and (B). Hence clauses 3. (ii). (B) is not applicable in this case as all these works relate to non movable property. As per clause 3.(ii).(A), the value



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for service tax payable is 12.36% on 40% of the total amount charged for works contract, as per claose 3 (ii) (B), the value od service tax payable is 12.36% 0n 70% on the total amount charged for works contract and as per clause 3 (ii) (C), the value of service tax payable is 12.36% on 60% of the total amount charged for works contract

3. If services provider (Contractor) is a company registered under Companies

Act�1956, then services tax shall be paid by the services provider i.e. contractor. 4. Other Than Clause 3 above

a. If service provider is an individual, HUF, Partnership firm whether registered or not, including association of persons, then both contractor (Service Provider) and ONGC (Service Receiver) has to discharge service tax equally i.e. 50% of the total service tax amount directly to Govt. It may be noted that if the service provider is �association of persons (AOP)�and raising invoice as AOP , then also ONGC as the service recipient has to pay 50% of the service tax amount directly to Govt.

b. The �Persons� in case of �Association of persons� may be (i) an individual (ii) a Hindu undivided family, (iii) a company (iv) a society ,(v) a limited liability partnership, (vi) a firm, (vii) an association of persons or body of individuals, whether incorporated or not,

c. Thus, any unincorporated joint venture/consortium of two or more companies would be treated as an association of persons and may be liable to pay 50% of the service tax amount and the remaining 50% of service tax shall be payable by ONGC directly to Govt.

d. However, if an AOP comprises of a Indian company, a non company (an

individual, a HUF, a society, a limited liability partnership, a firm) in India and a foreign firm providing service from outside the taxable territory of India, and each member of AOP raises separate invoices, then the Indian company will pay 100% service tax amount calculated on its invoice value directly to service tax authority, in case of non company both ONGC and non company will pay the service tax amount 50% each and in case of foreign firm, ONGC will pay 100% of the service tax amount to the Govt under Reverse charge mechanism.

5. The bidder is required to submit with a notarized copy of valid registration

certificate under service tax rules or an undertaking for submission of notarized copy of requisite service tax registration certificate along with the first invoice under the contract.

i) The first bill for release of payment as per the agreed payment terms must be accompanied by a notarized / notary attested copy of the Contractor�s Service Tax registration certificate..



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ii) Depositing service tax as per service tax rules in time shall be the

responsibility of the contractor. The ECC No. of ONGC, Hazira : AAAC01598AXM002.

TIN No. (Within Gujarat) : 24222400108 Dtd. 20.9.05 TIN No. (Out side Gujarat) : 24691600091



169

PART-F



170

SAFETY MANUAL



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HEALTH, SAFETY AND ENVIRONMENT (HSE) PROTECTION PLAN FOR CONSTRUCTION ACTIVITIES

INDEX Sl No Description 1 ONGC�s safety policy 2 Environment policy, ONGC, Hazira 3 Fire order ( Relevant excerpts only) 4 Safety Instructions in nutshell ( DO�s and Don�t�s) 5 Default acts of employees of the contractor 6 Fire protection facilities at Hazira Plant. 7 Introduction PART � 1 Responsibilities of the Contractor 1.0 General 1.1 Introduction 1.2 Definitions 1.3 Tasks and Responsibilities 1.3.1 Project Manager 1.3.2 Construction Manager 1.3.3 Supervisors 1.3.4 (Heavy) Plant & Equipment Operators 1.3.5 Workers 1.3.6 Safety Engineer of the Contractor 1.3.7 Sub- Contractor and Suppliers 2.0 Safety Programme 2.1 Coordination and Information 2.2 Personal Protective Equipment (PPE) 2.3 Safety Meeting 2.4 Safety Inspection / Observation rounds 2.5 Training / Induction Courses 2.6 Fire Protection and Prevention 2.7 Temporary Electrical Installations 2.8 Temporary Lightings 2.9 Safe clearance procedure 2.10 Accident Investigation and Reporting 2.11 Safety Performance / Work injury record data & statistics 3.0 Medical and First aid 4.0 Environment 5.0 Security 9 PART �II SAFE WORKING PRACTICES TO BE FOLLOWED BY THE

EMPLOYEES OF CONTRACTOR 1.0 General 1.1 Safety , Health and Environment requirements



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1.2 House keeping 1.3 Personal Protective Equipment 1.4 Misconduct 1.5 Cleaning oneself 1.6 Reporting of injuries 1.7 Safe clearance Procedure 1.8 Fire prevention and Protection 1.9 Protection and Environment 2.0 Disciplinary measures 3.0 Material Handling and Storage 3.1 General 3.2 Lifting 3.3 Lumber 3.4 Cement and Lime 3.5 Reinforcing, sheet and structural steel 3.6 Pipes 3.7 Sand , gravel ,and crushed stone 3.8 Flammable gases and liquids 4.0 Electrical Installations, machinery and tools 4.1 Temporary Electrical Installations 4.2 Electrical machinery and tools 5.0 Hand and power tools 5.1 General 5.2 Hand tools 5.3 Grinding tools 5.4 Power saws 5.5 Planers and jointers 5.6 Pneumatic tools 5.7 Radiographic inspection and lasers 5.8 Wire rope slings 5.9 Chains 5.10 Synthetic web slings 5.11 Wire ,rope, slings 6.0 Constructional Plant and Equipment 6.1 General safety measures 6.2 Inspection, maintenance and tests 6.3 Hoisting plant and equipment 6.4 Heavy earthmoving and handling plant and equipment. 6.5 Motor vehicles 7.0 Temporary buildings and structures. 7.1 Scaffolding 7.2 Form work and false work 7.3 Access facilities 8.0 Construction procedures 8.1 Welding and cutting / burning 8.2 Excavating 8.3 Concrete construction



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8.4 Masonry construction 8.5 Erection of structural steel and prefab concrete elements 9.0 Problem solving procedure 10 PART-III SAFETY GUIDELINES FOLLOEWD AT HAZIRA PLANT 1.0 General 2.0 Introduction

3.0 General terms / definitions for various works under work permit system

4.0 Procedure for obtaining safety work permits 5.0 Deployment of Firemen 6.0 Recommendations on work permit system & level of

supervision required 7.0 Accident / incident reporting system 8.0 Accident Investigations 11 PART � IV ANNEXURE / FORMATS ETC.

MODIFIED SYSTEM FOR AACIDENT / NEAR MISS REPORTING INVESTIGATION / FOLLOWUP AND TREND ANALYSIS

1.0 Introduction 2.0 Accident / incident reporting system 2.1 Accident 2.2 Major accident 2.3 Minor accident 2.4 High potential ( HI � PO) accident 2.5 Near miss 2.6 Criteria for defining a near miss 3.0 Accident investigation 4.0 Responsibility FORM -21 ( Report of accident) FORM No �A� Minor accident / Near miss reporting FORM No �B� Accident / Investigation report



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ONGC�S SAFETY POLICY

OBJECTIVES:

To promote standards of safety, health & welfare in accordance with the requirements of relevant statutory provisions as per Factory Act and Gujarat Factory Rules.

To follow approved codes of practices and relevant standards.

To maintain safe and healthy work places and safe systems and methods of work. To protect employees, general public and employees of contractors from

foreseeable work hazards at ONGC premises. To provide the employees including employees of contractors with the information,

instructions, training and supervision required for safe working. To provide and maintain a safe and healthy working environment for employees

with adequate facilities and arrangements for their welfare. To develop safety awareness amongst the employees, workers and their families. To make employees aware of their individual responsibility to take all reasonable

care for the health and safety of themselves and others who may be affected by their acts of omissions at work, and to co-operate with management and other employees in the matters of safety.

To have required safety organisation adequately manned for the purpose. To budget expenditure required for above purposes and commitments. To follow corporate safety policy of ONGC. To communicate this policy to all employees and other concerned.

Safety all while go home with smile



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ENVIRONMENT POLICY ONGC � HAZIRA

ONGC � HAZIRA IS COMMITTED TO:

Comply with all environment legislations/regulations and also ONGC corporate environment policy.

Take a proactive approach in preventing pollution, waste minimization, recycling of waste; reduce discharge or emissions by adopting appropriate technologies.

Systematically follow �Environment Management System� and regularly review environment objectives and targets for achieving continual improvement in environmental performance.

Promote environmental education and create environmental awareness among employees at all levels.

Develop and maintain green belt/lush green surroundings in the plant and residential complex.

FIRE ORDER (Relevant excerpts only) 1. ANY ONE NOTICING THE FIRE WILL a) If it is a small fire, try to extinguish with Fire Extinguisher. b) On noticing the fire, immediately call for assistance by shouting �AAG�, AAG, AAG. c) Break the glass of the FIRE ALARM available near by and also ring up 5555 and 6666

(Main Fire Station & Sub Fire Station) respectively giving the exact location and details of fire.

d) Inform to control room at Telephone Nos. 6000/6300/6200/6100 and inform RE at 6600/6601.

e) In case of electrical fire also inform 6801 (sub-station 1) and 6802/6803 (sub Station II & III).

f) In case of fire occurred in LPG/Propane sphere, NGL/SKO TANK, LPG truck/Rail loading areas actuate the ROV of sprinkler and drencher systems.

2. PERSON ARRIVING NEXT ON THE SITE OF FIRE WILL a) Start shouting �AAG�, AAG, AAG. b) Assist in rescue and fire fighting with the use of equipment/extinguisher available.



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c) Intimate to fire station regarding fire (if not already done). - Phone 5555/6666 - Break the glass of the FIRE ALARM available near by (If available) d) Inform to control room (if not already done) on phone No. 60000/6100/6200/6300. e) In case of electrical fire also inform (if not already done) on phone No. 6801 (sub

station-1) and 6802/6803 (sub station-II & III). f) Guide the fire tender to correct location. g) In case if fire occurred in LPG propane sphere, NGL, LPG Truck/Rail Loading

areas, actuate ROV of Sprinkler and drencher system. (If not already done). h) In case fire is in NGL tank area, open the sprinkler valves and monitor valves (if

not already done).

SAFETY INSTRUCTIONS IN NUTSHELL (DO�S & DONT�S)

DO�S

1. It shall be the responsibility of contractors to provide photo passes to their personnel duly obtained from the security section of CISF/ONGC. The passes shall be renewed periodically and on completion of work the passes shall be returned to the security section, without fail.

2. Employment of child and women labours shall be strictly in accordance with the section 66, 67, 23 of Factories Act, 1948.

3. Ensure that you have an operational area entry pass (pink colour) before entry into operational area, (Operational area includes GSP-I & II, LPG, SRU, CFU, NGL/LPG storage, Road/Rail gantries, Terminal, slug catcher, flare area.

4. Those who do not possess the pass should not enter the operational area. 5. Before starting any job, make certain that you have obtained necessary permit. 6. Ensure the ground is firm before erecting any scaffold. Scaffolding should be of

steel/metallic: assembled and tested for the load as well as stability. 7. Wear cotton dress, safety shoes. 8. Wear helmet in the Plant. 9. Use hand gloves to avoid any cut from sharp ends/edges. 10. Wear safety goggles while grinding,, spray painting and welding etc. 11. In case of chemical spill on eye on body, use safety shower to wash immediately.

Contact dispensary (Tel No. 5533) or bring the affected person to the doctor immediately.

12. In case of electric shock, call the doctor or bring the victim to the doctor immediately.

13. In case of electric shock, call the doctor or bring the victim to the doctor immediately.

14. Use only approved safety torch. 15. Remove all flammable materials from the site of welding (e.g. dry grass, gunny

bags, tarpaulin, wooden plank etc.



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16. In case of fire, inform fire station (Tel No. 5555, 6666) immediately. 17. Use only brass tools (non sparkling tools) while working inside the operational area. 18. Ensure that during arc welding the electrode holder is effectively insulated and

properly maintained. 19. Use 3-pin connection for portable grinders. (The job to be done under permit). 20. While entering into any confined space e.g. vessels, columns, sumps, sewers,

OWS/PWS pits, ensure that you have a proper vessel entry permit. 21. Ensure proper electrical lock out permit before starting job on any electrically

operated equipment. 22. Provide handrails at the sides of the scaffold walk ways to avoid any fall. 23. Inspect the scaffold, before allowing any person to work over there. 24. Inspect the scaffold, before allowing any person to work over there. 25. Avoid shock loads e.g. dropping heavy objects or jumping on the platforms. 26. Keeping wrenched and spanners oil and grease free to avoid spillage from hand

while working at height on scaffold, use proper container to keep the tools when not in use.

27. Replace or repair hand tools e.g. hammers, wrenches, screw drivers etc were found defective.

28. Dispose of all oil rags, rubbish and papers into bins. 29. Report even smallest injury to the doctor and also to the supervisor. 30. Park the crane in safer place, when not in use, with parking brake. 31. Keep tall portable ladders in a safe place, when not in use. 32. Wear safety belt and lifeline while working at height. 33. Obtain permit for carrying vehicle, crane, engine driven pump, engine driver

vibrator, and concrete mixer into operating plant area. 34. Check periodically the condition of slings. 35. Use tested slings for lifting of loads. DON�T�S 1. Do not carry lighters, matches, transistors, ordinary torches, camera or any other

electronic/electrical items inside the operational area. 2. Do not jump over/cross the operational area fencing. 3. Never smoke inside the plant. 4. Do not ignite any dope cattle or fire inside the complex without proper permit. 5. Do not use any portable hand lights in any location inside the operational area unless

explosion proof. 6. Do not use welding set, if it is not properly earthed. 7. Never use any make shift electrical connections. 8. Never carry electrode holder in the arm, since it is offer sweaty. 9. Do not enter any sump, tank vessel etc without permit. 10. Do not cut any road without permit. 11. Do not hook up any job or carry out any welding cutting close to the operational

area without permit. 12. While using crane, do not swing a load near people. 13. Never look directly to the arc produced when welding without eye protection. 14. Do not panic in any emergency. On hearing of plant�s main siren, stop all hot jobs

and contact your supervisor and ONGC engineers at site for further action. 15. Do not block the ways for emergency aid.



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16. Do not rest under moving load of crane. 17. Do not walk along the sides of any excavation. 18. Do not use a defective tool. 19. Do not leave any hand tool unattended in the passage. 20. Do not use hammer with broken handle. 21. Do not run inside plant unnecessarily. 22. Do not loiter near any operating unit, unless you have. 23. Never walk on pipelines. 24. Do not use compressed air for cleaning dust out of clothing. 25. Do not play with compressed air hose, steam etc. 26. Do not use full/empty drums as work support for any job or in place of ladder. 27. Do not use air, water, stem hoses unless properly grounded. 28. Do not try to dry your clothes on steam lines or any other hot surfaces. 29. Do not leave tools or materials at height where they may accidentally drop persons

below. 30. Do not consume alcoholic drinks within the plant boundary of Hazira Gas

Processing Complex. 31. Never take food or any eatables inside the operating plant. 32. Do not use shoes with nails. 33. Do not misuse, tamper any fire fighting equipments. Remember, these are kept for

fire fighting only. 34. Do not use fire water for any other purpose (e.g. washing hands etc.). 35. Do not bring any vehicle inside the operational area unless there is a valid vehicle

entry permit. 36. Never go nearer to any high voltage source, unless authorized. 37. Do not park the crane in any place to cause hindrance to others. 38. Never over load the crane or any other lifting device. Notice safe working load

(SWL). 39. Do not use a ladder as scaffold. 40. Do not use a ladder, which are defective in any respect e.g. broken missing or split

side rails or rungs. 41. Do not throw rubbish here and there. 42. Never misuse/tamper protective kits. 43. Do not allow accumulation of dry grass at any place.

A little care makes accidents rare

DEFAULT ACTS OF EMPLOYEES OF THE CONTRACTOR The under mentioned acts of the employees of the Contractor, regarding Fire Fighting equipment shall constitute misconduct and the employees concerned shall be liable to disciplinary action:

1. Using Fire buckets for any purpose other than Fire Fighting.



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2. Tampering Fire Extinguisher in no Fire condition. 3. Using Fire hydrant for any purpose other than fire fighting without the knowledge of

Fire Department. 4. Using delivery hoses & branches, which are kept, in the hose box, for any purpose

other than fire fighting. 5. Smoking in the prohibited area. 6. Carrying gas lighter, match box/battery operated (unauthorized) equipment in

operational area. 7. Carrying vehicles without spark arrestor in operating plant area. 8. Giving false fire alarm, intentionally.

1) FIRE PROTECTION FACILITIES AT HAZIRA PLANT 1 FIRE DETECTION AND ALARM SYSTEM

In sensitive areas, like main control room, cogeneration, control room, terminal building etc detectors are installed to detect fire/smoke at the site. The sensors are of heat and smoke detection types.Fire alarm system is well spared over the entire plant area. Four independent types of alarm networks are functioning:

i) LPG, utilities and offsite area ii) GSP area iii) Terminal area iv) Other areas viz local control rooms. I. LPG, UTILITIES AND OFFSITE AREA

Control panel of fire alarm in LPG utilities and offsite area is situated in LPG control room, as well as in fire station. They are of break glass type with the facility of line communication.

II. TERMINAL AREA These alarm are covering GSU, GDU, DPD, CFU and SRU and their control room, as well as in the Fire Station, they are also of break glass type with the facility of line communication.

III. TERMINAL AREA These alarms are covering terminal process area including slug catcher. They are also of break glass type. On breaking the glass, it sounds a siren in the terminal area.

IV. OTHER AREAS The main control room building, cogeneration control room building, terminal building and KTI Boiler Control Room are also having the facility of internal fire alarm with the control panel in the respective building.

2 FIRE AID FIRE FIGHTING FACILITY First aid fire fighting equipment signify the importance, which are to be used in the

incipient stage of the fire. If they are used effectively, we can minimize the chances major fires. Following first aid fire fighting equipment are available. a) Fire extinguisher of type:



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Dry chemical powder Cartridge type - Dry chemical powder Cartridge type - Dry chemical powder -Trolley CO2 Extinguisher of 4.5/6.8/9.0/22.5 Kg Capacity Halon Extinguisher (1211 type) - 05 Kg capacity AFFF Fire Extinguisher-09 Ltrs capacity AFFF (Trolley) Type Extinguisher � 45 Litrs capacity b) Sand bucket (in electrical installation)

3 FIRE WATER NETWORK AND PUMPING ARRANGEMENT The entire Gas Processing Complex is having a pipeline network of Firewater. The piping network consists of grid pattern of water supply, so that each point is having source of water supply, from more than one direction. The firewater network is designed to cater for a maximum flow of 4000 M3/Hrs. The system gets its water supply from four storage tanks. Two storage tanks of 1250 M3 capacity are situated in the terminal area, and two storage tanks of capacity 4500 M3 each are situated near main fire water pump house behind IAEC Boiler House. The supply to these tanks is from the pump installed in Raw Water Pump House. Two storage tanks of 5000 M3 capacities added with additional firewater pump house.

The piping network can be fed with water, with the help of pumps of the following types: A. Electrical driven jockey pump, capacity 50 M3/Hr. To keep the fire header

under changed condition all the times, at a pressure of 10 Kg/Cm2. B. Electrical Driven pumps of capacity 410 M3/Hr C. Diesel engine driven pump of capacity 410 M3/Hr

At all times, a pressure of 10 Kg/Cm2 is maintained in the system. However, the pumps installed in Terminal Area can develop the pressure of 8.5 Kg/Cm2 only. Presently, these pumps are kept as stand by. In order to operate these pumps the isolation valve in between the common grid is to be opened.

4 WATER HYDRANTS AND MONITORS Fire Hydrants and Fire Monitors are installed on Fire Water Network. In addition to this, the prominent buildings are additionally provided with internal hydrants, which are also connected to main hydrant network.

5 WATER SPRAY SYSTEM: Water spray system is provided in the following areas : A. Automatic/Semi automatic spray system.

a) LPG Sphere. b) MDEA Tank c) Sulphur Bagging Unit (SRU) d) NGL Tank in Co-generation Plant area. e) Propane sphere.

B. Semi Automatic/manual a) Rail Loading gantry b) Road loading gantry c) Manual d) NGL Tank e) Slop Oil Tank

6 HALON EXTINGUISHING SYSTEM



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Automatic Halon 1301 Extinguishing System is provided in the following locations in the plant:

i) Main control room building (1st floor) ii) Co-generation Control room. iii) Generator/Turbine (Co-generation Plant) iv) Satellite Earth Station v) KTI Boiler Control Room.

7 CO2 FLOODING SYSTEM Provided at Co-gen Phase-III cable vault room. 8 FOAM CUM WATER MONITOR All the vulnerable points and locations are covered by fixed foam cum water

monitors. 9 MOBILE FIRE FIGHTING APPLIANCES Following mobile fire appliances are available at the Fire Station

a. Foam Tender of 5000 litres water and 1000 litres foam capacity. b. Foam tender of 4000 litres water and 2000 litres foam capacity. c. DCP Tender 2000 Kg

10 OTHER EXTINGUISHING MEDIA Two Non-regular Fire extinguishing media are also available in the whole plant,

which can be very effectively used in case of fire emergency. The extinguishing media are:

i) Inert gas. ii) Steam Note: Molten Sulphur fires in SRU can be effectively fought with steam.

11 Other fire fighting equipment provided in the Plant

i. Water spray nozzles ii. Drenchers iii. Foam pourers iv. Fusible Sprinklers v. ROV vi. Hollow jet water monitor

12 MUTUAL AID WITH OTHER INDUSTRIES ONGC has Mutual Aid arrangement with KRIBHCO, RIL & GAIL. In emergencies,

ONGC can get help of Fire Tender with crew & Fire Fighting chemicals from above industries with reciprocation.

i. INTRODUCTION

SAFETY REQUIREMENTS It is one of the foremost objectives of the ONGC that a situation should not arise, which can endanger or cause to endanger human life, environment or property. To achieve the goal, this Safety, Health and Environment (SHE) Plan is prepared, which defines the obligation, responsibilities and role of the Contractor and all the functionaries involved in the activities of Hazira Gas Processing Complex directly or indirectly. The plan set forth herein supplements the statutory requirements on the subject.



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SAFETY, HEALTH and ENVIRONMENT PROTECTION PLAN The Safety, Health and Environment Protection Plan (SHE) is constructed in four parts. PART�I: It defines the role and responsibilities of project management team of contractor including that of sub-contractors. It elaborates the safety program, activities and procedures to be undertaken on the site during performance of contract. Also the standards and rules for installation of temporary work yard, utilities connection etc are described. PART-II: This part describes the safe working practice to be followed by all the persons of the Contractor, while carrying out the work at site. These rules and recommended practices are to be adopted by each and every person on site and hence a copy of this part shall be available with all the persons working at site. PART-III: This part describes the safety guidance followed in the Hazira Gas Processing complex; Permit system, which is in force for carrying out various kinds of activities, work timings and obligations of ONGC and Contractor. PART-IV: This part contains Annexure / Format etc. for Cold / hot work permit; Accident Reporting System and its investigation procedure.

(b) PART-I RESPONSIBILITIES OF THE CONTRACTOR

1) 1.0 GENERAL

This part defines the role and responsibilities of project management team of contractor including that of sub-contractors. It elaborates the safety program, activities and procedures to be undertaken on the site during performance of contract. Also the standards and rules for installation of temporary work yard, utilities connection etc are described.

1.1 INTRODUCTION:

It is the responsibility and duty of Project Management of the contractor to consider accident prevention an integral part of every operation and a task of each functionary carrying out Construction / Contractual work in and around the Hazira Gas Processing Complex, herein after shall be called as �Plant�



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All the persons deployed on site in relation to works have to adhere faithfully to the SHE Tasks, Rules, Regulations and Procedures prescribed in this plan as well as all instructions issued in conjunction therewith. Failure to do so will result in disciplinary measures in accordance with the contract. All Sub-Contractors are required (a) to comply with the SHE Tasks, Rules, Regulations and Procedures prescribed in this plan as well as all instructions issued in relation thereto. This SHE Plan is required to be available for perusal and adherence to by all personnel employed on the Plant site including those of Sub-contractors, Employer's representatives, Suppliers etc.

1.2 DEFINITIONS The following definitions apply to the terms used in this Plant for S H E Plan:

1. "Project Management" is the team of managers including Construction Manager/ Project manager employed by the Contractor being in charge of and responsible for the completion of the work.

2. "Sub-Contractors" shall mean each company entered into a Sub-Contract with Contractor in relation with this work.

3. �Site� shall mean the entire area in -and/or on which the construction operations are being carried out by and/or on behalf of Contractor in relation with this work.

4. "Suppliers" shall mean each company or firm having received a Purchase Order

from Contractor for the supply of materials, goods, tools, instruments and equipment in conjunction with the Works.

5. "SHE" shall mean Safety, Health and Environmental Protection Plan. 6. �Head SHE� shall mean the Officer of ONGC, who is responsible for SHE aspects of

the Plant. 7. �Safety Officer� shall mean ONGC�c Safety Engineer nominated as Safety Officer by

the ONGC to look after the safety aspects during execution of the work at Plant site and shall co-ordinate with Contractor�s Safety Engineer.

8. � Safety Engineer� shall mean Contractor�s Safety Engineer to monitor all safety activities and report the findings to the Project Manager / Construction Manager during execution of the work.

9. �Engineer-in charge� or Company�s representative shall mean, person or persons appointed from time to time by ONGC for overall co-ordination and management of works at site.

10. �Over-all-shift-In-Charge� (OSI) shall mean person or persons appointed from time to time by ONGC for issuing Safety Working Permit.

11. ONGC means Oil & Natural Gas Corporation incorporated under the Companies Act 1956 having its Regd. Office at Jeevan Bharti, Tower �II Cannaught Circus, New Delhi and one of its offices at Hazira Gas Plant, Surat.

12. Plant: Hazira gas Processing Complex. 1.3 TASKS AND RESPONSIBILITIES IN RESPECT OF SHE

The tasks and responsibilities in respect of Safety, Health and Environmental Protection Plan of the functionaries assigned to operate on the site have been summarized below.

1.3.1 Project Manager:



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The responsibilities of the Project manager of the Contractor will be as follows in regard to the SHE protection:-

1. Ultimately responsible for Safety, Health & Environmental Protection at site and secure the correction of deficiencies in these matters.

2. Establish rules, regulations and procedures in conformance with safety procedures of ONGC and Laws and Regulations and monitor the implementation of it.

3. Provide all management personnel employed on the site with a copy of SHE Plan. 4. Obtain from Sub-Contractors their participation in the Project Management Safety

Programme including attending Safety Meetings by sub-contractors. 5. Conduct fortnightly Site Safety Meeting during which SHE requirements are being

reviewed and (additional) instructions in this respect are issued. 6. Report major accidents, incapacitating injuries and fatalities directly to Company

and local authorities as required. 7. Review accidents, supervise correction of unsafe practices and file accident

reports to the Head SHE, ONGC through Safety Officer. 8. Discipline any employee disregarding the established safety rules, regulations and

procedures. 1.3.2 Construction Manager:

The responsibilities of the Construction Manager of the Contractor will be as follows in regard to the SHE protection: -

1. He will be responsible for Health, safety & Environmental protection and arrange for the correction of deficiencies in these matters.

2. Plan operations so that all work will be done in compliance with the rules, regulations and procedures established in this S.H.E Plan.

3. Instruct the Supervisors on (additional) specific SHE requirements. 4. Arrange for the availability of appropriate Personal Protection Equipment and for

providing all employees therewith. 5. Arrange for the availability of proper safety materials and protective devices and

instructions for their use. 6. Organize the safe working order of all constructional plant & equipment (to be)

assigned to and (to be) employed on the site and ensure the proper maintaining thereof.

7. Ensure that all sub contractor / suppliers comply with the tasks , rules, regulations and procedures established in this plan.

8. Accompany bi-weekly in an alternating sequence one of the Supervisors on his weekly Safety Inspection Round.

9. Review SHE activities and -requirements as first subject on the regular Site Staff Construction Meetings.

10. Review accidents and ensure correction of unsafe practices. 11. Provide for the protection of the public from activities at site. 12. Arrange to provide First Aid facilities at site for immediate treatment for any

injuries at site. 13. To make tie up arrangements with the nearest hospitals in case of any

emergencies so that there will not be any loss of time in getting the patients admitted and immediate medical assistance is given.



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14. To keep one Vehicle at all time at site in case of emergencies for transporting the injured to the nearest Hospital.

1.3.3 Supervisors The responsibilities of the Supervisors of the Contractor will be as follows in regard to the SHE protection: -

1. Be responsible for and carry out safety programs at the workplace level. 2. Be aware of all safety requirements and safe working practices. 3. Organize all work activities to comply with the established safety rules, regulations

and procedures as well as safe working practices. 4. Give foremen and workers precise instructions on their task & responsibility for

safe and correct working methods. 5. Instruct new employees on safe working practices as well as existing employees

assigned to and performing new work task(s). 6. Make sure Personal Protective Equipment has been handed out and is properly

used. 7. Organize and maintain clean and tidy workplace(s). 8. Carry out bi-weekly Safety observation/inspection round of the workplace(s) and

report in writing the findings to Construction Manager. 9. Correct all hazards, including unsafe acts & conditions and report to Construction

Manager. 10. Secure prompt medical attention to any employee accidentally injured. 11. Report in writing to immediate Senior Manager (Project / Construction) for onward

transmission to Head SHE. Investigate and pay particular attention on those having caused injury to an employee.

12. Install and maintain devices to protect the public from activities at site. Operations. 1.3.4 (Heavy) Plant & Equipment Operators

The responsibilities of the (Heavy) Plant & Equipment Operators of the Contractor will be as follows in regard to the SHE protection

1. Report for work in good mental and physical condition to safely operate his machine.

2. Avail of all the safety devices, rules and procedures for their machine described in the Operating Manual and in this SHE Plan and follow these continuously.

3. Inspect every day prior to commencing operations the safe working order of his

machine and report immediately to the Supervisor any deficiency observed: 4. Operate the machine safely in such a manner as to ensure his own safety as well

as that of the workers and other persons within the operating reach of the machine;

5. Stop the engine from running prior to refueling commences and ensures no fuel spillage over hot engine parts. Smoking or sparks hazardous operations are prohibited in the Plant.

6. Use and properly maintain all Personal Protective Equipment provided. 7. Correct unsafe acts or conditions within the operating reach of his machine. 8. Request help when unsure about how to perform any operation safely and/or

provide the workers in the operating reach of his machine with assistance in safety requirements.



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9. Report any un-corrected unsafe condition or act to the Supervisor of his work place.

1.3.5 Workers The responsibilities of the Workers of the Contractor will be as follows in regard to the SHE protection

1. Report for work in good mental and physical condition to safely carry out work tasks.

2. Work safely in such a manner as to ensure your own safety as well as that of fellow workers and others.

3. Avail yourself of the safety rules, regulations and procedures established in this SHE Plan and follow these continuously.

4. Use and properly maintain all Personal Protective Equipment provided. 5. Be aware of safety devices for all tools under your control, properly use and

maintain all of them and report to your Supervisor any deficiency thereof. 6. Correct unsafe acts or conditions within the scope of the immediate work. 7. Request help when unsure about how to perform any task safely and/or provide

fellow workers with assistance in safety requirements. 8. Report any un-corrected unsafe condition or -act to your Supervisor. 1.3.6 Safety Engineer of Contractor

The responsibilities of the Safety Engineer of the Contractor will be as follows in regard to the SHE protection

1. Monitor all safety activities on the work site and report the findings to the Project Manager/ Construction Manager.

2. Ensure the adherence to all Safety Rules, Regulations & Procedures and stop an operation in case of a dangerous circumstance until remedial measure has been carried out.

3. Prepare and conduct the orientation/induction course to each (group of) employee(s) at the beginning of his/her (its) work operation on the site.

4. Prepare and conduct the training in the use of evacuation & escape routes in case of emergency circumstances;

5. Prepare and arrange for the Safety Training of: i. Heavy plant & equipment operators, including handling emergency Situations; ii. An adequate number of employees in Fire Fighting & -Control; iii. Emergency response team

6. Accompany the Supervisors on their weekly Safety Inspection Round to the work place and operation under their specific supervision and direct responsibility.

7. Attend all meeting during the review of SHE activities. Prepare minutes of meeting and furnish it to the ONGC.

8. Attend the monthly Site Safety Meeting conducted by the Project Manager and draft the Minutes of Meeting stating the agreed follow-up actions and responsibility/referral to persons.

9. Provide the investigating expertise for reporting accidents and "near misses" by

Supervisors. 10. Review accidents and its reports resulting in recommendation(s) on (additional)

remedial measures to avoid occurrence of similar accidents elsewhere on the project site.



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11. Co ordinate medical and first aid services where circumstances so requires. 12. Compile and process all statistical records and reports in respect of safety

performance. 13. Develop, promote and maintain a working liaison with local authorities,

departments, industries concerning Health, Safety & Environmental Protection. The above-described tasks of the Safety Engineer are in support of the Project Manager, who is fully responsible for implementing and maintaining the Safety Standards. Ultimately it is the latter's task to ensure employee protection throughout all phases of the Work. Sub-Contractor(s) / Supplier(s): Sub�Contractor(s)/Supplier(s) shall abide by all tasks, rules, regulations and procedures established in this plan.

Safety Officer of Company: The designated Safety Officer of ONGC is authorized to check at all the times the safe working conditions of the work for which he will have an access at all the places. The Safety Engineer of the Contractor shall be bound to show all the requisite papers and visit work site with him to ensure that all SHE aspects is adhered to.

2.0 Safety Program 2.1 Co-ordination and Information

The success of any safety programme not only rests with the Project Management and its Safety Staff but also with the employees. All the employees are expected and encouraged to participate in implementation of this programme. Project Manager / Construction Manager is expected to educate their employees on the following:

2.1.1 An introductory briefing as to how Project Management expects this SHE plan to operate.

2.1.2 On site instruction/direction as to safe working practices and routines, which also includes the wearing of Personal Protective Equipment (PPE).

2.1.3 Procedural information as to location of project facilities, channels of communication relating to accident prevention & reporting, fire fighting, personal responsibilities, etc.

2.1.4 Drugs. Intoxicants and Medicines The use, sale, dispensing or possession of illegal drugs & narcotics and alcoholic beverages are forbidden on site. Any employee reporting for work under the influence of intoxicating liquor or drugs shall not be allowed to work and shall be directed to leave the site without wage payment until recovery from such influence. Legal drugs, tranquillisers or insulin must not be taken on the job unless authorized by the individual's (personal) physician. A copy of this authorization shall be handed over to and reviewed by the Company Doctor at the clinic prior to reporting for work with the Supervisor. These legal or prescription drugs may impair an employee's ability to perform his/her job safely at the discretion of the Company Doctor.

2.2 Personal Protective Equipment (PPE) All the employees shall wear Personal Protective Equipment (PPE) at the site, except inside offices, rest room and accommodation buildings, at all times as generally indicated in the following schedule. PPE shall be in accordance with local regulation and standard.



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Type of PPE

Areas/Locations with risk of

* Safety shoes Standard rule in all areas

* Working gloves Working with materials, which may affect hand injury like wire ropes, rough timber, paint.

* Safety helmet / hard-hat Falling, dropping, toppling and flying objects as well as head bumping. All Construction & operation area

* Safety goggles / spectacles Sparks, flying particles, dust, etc.

* Ear muffs or plugs Noise exceeding 85 dB.

* Respiration protection Filter/cap

Dust; fine gliding sand and the like.

* Safety harness Falling more than 2.00m at locations where no other safety devices minimise this risk.

2) The PPE shall be made available and handed out to all employees on the site by Contractor. It shall be compulsory for Visitors, Consulting Engineers, Sub-Contractors and Suppliers to adhere to the PPE Regulations for their personnel employed on the work site. The Project Manager of the Contractor shall provide all visitors, except visitors of the Company, with the applicable PPE to be worn during their visit on the project site.

2.3 Safety Meetings The objective of safety meetings is (a) to identify situations, which may lead to unwanted incidents, and (b) to review the Safety Programme in relation to day-to-day activities. Communication coupled to quick positive actions is the key to successful safety procedures and therefore the following meetings are to be conducted.

1. Safety will be the first point on the agenda of the weekly supervisory staff construction meeting under direction of the Construction Manager;

2. Once per month the Construction Manager will conduct a safety meeting with attendance of all members of the site management team, the Superintendents and representative(s) of all Sub-Contractors;

3. Additional meetings the Construction Manager may think fit. The Safety Engineer will attend the above meetings and will draft the Minutes of Meeting of the monthly Safety Meeting stating follow-up actions and responsibility of persons.



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4. Once in a month Project Manager/Construction Manager along with Safety Engineer shall have a meeting with �Head SHE� along with PM to review the SHE aspects.

2.4 SAFETY INSPECTION / OBSERVATION ROUNDS

INSPECTIONS & FREQUENCY: 1. Once in two weeks: Each Supervisor accompanied by the Project Safety

Engineer, inspects & observes the work place(s)and operation(s) under his supervision and direct responsibility. Report of each inspection shall be made and records to be maintained

2. Once in two weeks Construction Manager accompanies in a alternative sequence, one of the supervisors on his weekly inspection round.

3. Once in a month Project Manager accompanies one of the Supervisors on his weekly inspection round. The above stated frequencies are minimum requirements. In addition, each Supervisor including those of the Sub-Contractor shall carry out the following inspection.

4. Daily "end of work-time" inspection to ensure that machines switched off, valves of oxygen & gas bottles closed, tools are locked in toolboxes, loose materials protected against storm, emergency lighting and warning signs placed/restored as required, temporary facilities safeguarded against any hazard, etc.

2.5 TRAINING / INDUCTION COURSES 2.5.1 Orientation/Induction course:

Each employee(s) will be given an orientation/induction course under direction of the Safety Officer/Engineer at the beginning of his/her (its) work. The employees will receive a copy of relevant parts of the SHE Technical Guidelines for study and conformance as well as an introductory briefing form Project Management as to location of project facilities, channels of communication relating to accident prevention & reporting, fire prevention & fire fighting, personal responsibilities, etc.

2.5.2 ONGC�s Safety officer can impart training to the Safety Engineers or the Engineers of the Contractor who may work as Safety Engineer (s) for the work, if required / requested by the Contractor.

2.6 FIRE PROTECTION AND PREVENTION 2.6.1 Emergency Exits of Offices etc.

As part of fire hazard rules, emergency exits must be designed and constructed in: * Site Office Building; * Store Office; * Workshop Office and Storeroom; * Canteen Building; * Accommodation Buildings. Office Containers/ rooms having length more than 12 meters, in which 3 or more

persons are working and which have the door at one width side, must have an emergency exit at the other (width) side of the container. All emergency doors must swing open to the outside; lock handle only at the inside. In case main entrance door(s) will not be physically open at all times during office hours, these doors must (also) swing open to the outside.



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An Emergency Procedure in case of fire shall be established in consultation with the company.

2.6.2 Diesel (fuel) and Gasoline/petrol Storage Area The storage and handling of fuels shall be in accordance with local regulation and standard practices.

2. 6.3 Oxygen and Acetylene Storage Area The storage of oxygen and acetylene in cylinders/bottles must be in a sheltered/sun-roofed area. Oxygen -and acetylene cylinders must be stored in separate compartments and always in upright position as well as secured to avoid tipping over. Both types of cylinders must be provided with a cap over the outlet nozzle. "Oxygen"- and "Acetylene" storage signs, "No Smoking" -and "Authorised Personnel Only" signs shall be placed. Adequate fire extinguisher (for Class B fire) shall be placed at the storage place.

2.6.4 ELECTRICAL PLANT & EQUIPMENT.

Based on the place where power is required and the size of feeder required, availability of spare feeders in the substation will be identified and power tap off point will be conveyed to the contractor. Contractor will install distribution board, which as a minimum shall have the following protection.

i. Fuse protection of adequate rating for each feeder as a back up protection. ii. Earth leakage protection. iii. Over current protection. iv. Each feeder shall be sealed so that there is no possibility of entry of any

rodent/lizards etc. v. Power distribution board shall be placed under the sun shed and shall be well

protected from rain , dust etc. Rubber mat shall be placed on the floor around the distribution board.

vi. All non-current carrying parts shall be earthed at two points. In case earthling grid of plant is available, it can be used otherwise earthling pits are to be made as per relevant IS code.

vii. All cabling, installation, connection etc shall be done by a person having supervisory license and shall have registration and work shall be done confirming to Indian electricity rules.

viii. "High Voltage"-, "No Smoking"- and "Authorized Personnel Only" signs shall be placed all around. Fire extinguishers (DCP, CO2) shall be kept in adequate number. Stationary (diesel driven) welding generators and transformers, if any, shall be grounded/earthed. Engine exhausts shall be away from combustibles/ flammables.

2.6.5 Training: Fire Fighting & Control An adequate number of employees need to be trained as to proper use of the fire fighting equipment and to control fire hazards. The safety officer shall impart these training, if required / requested by the Contractor.

2.6.6 Fire Extinguishers An adequate number of appropriate hand fire extinguishers shall be placed in the areas like office, stores, electrical shed etc.



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The fire extinguishers shall be numbered and recorded in a logbook stating date of delivery, date & precise location installed, date of inspection by manufacturer/distributor and other relevant particulars for each extinguisher.

2.7 TEMPORARY ELECTRICAL INSTALLATIONS i. All temporary electrical installations shall comply with the standards of either the

Indian Standards (IS), International Electro-technical Commission (I.E.C.) or the U.S. National Electrical Code (N.E.C.) (NFPA-70) or the British Institution of Electrical Engineers (I.E.E.) or the Netherlands Institution of Normalisation (N.E.N.).

ii. A Safe Clearance Procedure needs to be established during the installation period and the provisions for tagging; locking out and capping of controls shall be followed during the operation & maintenance of the electrical equipment & outfit.

2.8 TEMPORARY LIGHTING Adequate lighting suitable for area shall be provided while work is in progress.

2.9 SAFE CLEARANCE PROCEDURES i. A safe clearance procedure is an operating procedure which a specialized

tradesman, such as electrician, mechanic, shall follow to safely hold out of service a system or plant/equipment item until released by him. The procedure shall include provisions for lockout, tagging, blanking or capping of Controls, valves and lines, or blocking moving parts to prevent unauthorised operation.

ii. Safe Clearance Procedures have the objective to prevent any injury, damage, loss of protection or operating capability resulting from unauthorised return to or removing from service of systems or plant & equipment.

iii. A safe clearance procedure shall be established before work on a hazardous system (electrical or piping) or near hazardous (moving) parts of plant & equipment shall commence.

2.10 ACCIDENT INVESTIGATION AND REPORTING. i. All accidents causing injury and/or property damage will be thoroughly investigated

by the Supervisor of the injured person, or of the work place of the property damage, with the assistance of the Safety Engineer and reported on standard accident investigation forms as described in Part-III. The main purpose of these investigations and reports is to determine the underlying causes of the accident or "near miss" and to provide for corrective measures in order to avoid recurrence as well as occurrence of a similar incident elsewhere on the work site. An additional purpose is to determine the responsibility for the incident and disciplinary measure to be taken if required.

2.11 SAFETY PERFORMANCE / WORK INJURY RECORD DATA AND STATISTICS

I. The Safety Engineer will register and keep record of the (reports on) accidents, "near misses" and further relevant safety particulars for drawing up the Work Injury Record Data.

II. These particulars shall be reported by the Safety Engineer on the standard form "Contractor and Subcontractor Injury Record Data " to the Project Manager at the end of each month.

III. Emergency Communication shall be referred to "Emergency Communication System" to be issued at site.

3.0 MEDICAL AND FIRST AID



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3.1. Clinic & First Aid station The Contractor(s) at Site will establish First Aid Station for treating any minor injuries during the execution of the works. Thereafter the injured person will immediately be shifted to dispensary in the plant/ hospital outside plant, for further medical assistance

4.0 ENVIORNMENT

IMPACTS ON ENVIRONMENT DURING CONSTRUCTION i. The temporary potential impacts on the environment need continuously to be

assessed during the construction period and mitigating measures established, after which implementation of those measures need to be undertaken at the appropriate moment. Supplementary to the above-mentioned temporary potential impacts the local Authority of Environment/ Pollution Control may lay down guidance or recommendations in this respect prior to the commencement of any major operation that may have an adverse impact on the environment.

ii. In such event Contractor shall work out together with the PM or the ONGC's representatives, a satisfactory plan for implementation of those guidance or recommendations of the local Authority of Environment Pollution Control.

iii. After Completion of and handing over the Work/Project to the Company, Contractor will demobilize, clear the site and terminate its operation thereon. Therewith the temporary potential impacts on the environment shall cease to exist.

5.0 SECURITY Contractor has to comply with the security norms of the company.

3) (c) PART-II

Safe Working Practices to be followed by the Employees of Contractor

1) 1.0 GENERAL:

This part describes the safe working practice to be followed by all the persons of the Contractor, while carrying out the work at site. These rules and recommended practices are to be adopted by each and every person at site.

1.1 SAFETY, HEALTH AND ENVIRONMENT REQUIREMENTS.

These instructions and practices are for protection of the persons during their work at site. Read and observe them. Accidents happen without warning; most are caused by lack of knowledge, inattention or thoughtlessness. Lack of knowledge of these instructions or practices will not justify non-compliance.



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Any employee who carelessly or willfully disregard: these instructions or practices or other Governmental Safety, Health & Environment Regulations will be subject to disciplinary measures, which include expulsion from work/site. HOUSEKEEPING Good housekeeping is a vital part of safety program. It is the responsibility of all employees to clean up their (own) work areas. There must be enough trashcans for collection of scrap material and rubbish in each area of work. Scrap material and rubbish must be collected in trashcans and disposed regularly. Hand and power tools should not be left on site after work and should be kept in toolboxes. Wipe up spilled liquids immediately. If you can't handle the problem, notify your Supervisor so that he can arrange for the necessary help.

1.3 PERSONAL PROTECTIVE EQUIPMENT Personal Protective Equipment (PPE) should be available for your use. When PPE has been specified for certain work assignments or for areas you must use it. Any person, if found working without proper PPE will be subjected to disciplinary action. In case proper PPE is not available inform the Supervisor / Construction Manager.

1.4 Misconduct Fighting, Gambling, Horseplay or other misconduct is not permitted on the site. Threatening another employee or visitor will not be tolerated. Non-compliance will result in disciplinary measure, which could include immediate expulsion. Do not push nor crowd at elevators, entrances/exits or on stairways or on board of vehicles. This may endanger to oneself as well as others.

1.5 Cleaning oneself Do not use compressed air to clean clothes, hair or hands, as the pressure is sufficient to cause death. Explosive liquids such as gasoline/petrol shall not be used as cleaning agent. Use only approved cleaning agents.

1.6 Reporting of injuries and First aid Report all injuries no matter how minor it is, immediately to Head SHE through Supervisor/ Project Manager / Construction Manager, who in turn shall report to Head-SHE. Contractor shall give First Aid immediately followed by medical care, if any.

1.7 SAFE CLEARANCE PROCEDURE i. A safe clearance procedure has been implemented on the site. All employees

must familiarize themselves with this safe clearance procedure. This procedure includes provisions for tagging, lock-outs, blanking or capping of controls, valves & lines or blocking of moving parts in order to prevent- accidental or UNAUTHORISED operation.

ii. It is prohibited from working: a. On or near electrical equipment & lines, mechanical equipment or pressure

systems, which could be energized or activated; b. On vessels, piping systems or equipment containing hazardous material, which

could be activated or released. iii. WITHOUT the protective measures according to the safe clearance procedure,

unauthorized removal of tags or other non-compliance with the safe clearance



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procedure will result in disciplinary measure, which may include immediate expulsion from site.

1.8 FIRE PREVENTION AND PROTECTION 1.8.1(a) Handling flammable / combustible liquids & materials

The handling and transport of flammable & combustible liquids must only be done in (approved) properly labeled safety cans. Oily rags must be placed or disposed off in the metal containers provided for that purpose.

(b) Cutting/burning & welding: When it is required to cut/burn or weld near combustible materials move them or shield them off with steel screen(s) or cover them with fire resistant fabric or wet them down. When in doubt ask your Supervisor about appropriate precautions.

1.8.2 Hot Work creating ignition i. Do not attempt any work involving a source of ignition in or near a pit, sewer drain,

manhole, trench or enclosed space (tank) where flammable gas(es) may be present;

ii. Do not cut or weld a tank or other enclosure that has contained diesel fuel, gasoline/petrol or other flammable liquids or gas (s) ; Unless it has been purged and tested by the safety department wherever the area and conditions are declared safe for hot work.

1.8.3 Reporting of fires

If any fire is noticed, then relevant excerpts of fire order are to be followed and the matter be reported immediately to Head-SHE. Also ensure the safety of personnel and use the appropriate fire fighting equipment until help arrives.

1.9 PROTECTION OF THE ENVIRONMENT 1.9.1 General i. The use of environmentally hazardous materials during construction can not be

avoided. Consequently, all appropriate care shall be taken to prevent negative impacts on the environment. The spilling of such materials into the soil or (natural) waters must be avoided whilst the disposing thereof in the environment is absolutely forbidden!!

ii. The waste and non-usable surplus of such hazardous materials shall be collected as per category of materials in appropriate containers. These waste containers shall be regularly transported from the project site to disposal facilities and the waste content disposed off in conformity with Governmental Regulations.

1.9.2 Petrochemical products Oily rags and other (cotton) clothes used to clean up spills shall be taken from the work place and disposed off at a approved location.

2.0 DISCIPLINARY MEASURES Disciplinary measures are divided in the following three classifications for implementation of penalty system:

Classification Disregarding Safety Requirement causing hazard or injury to:

Penalty in sequence of violation

A Individual him / herself or FIRST- verbal & written warning



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ONE fellow worker SECOND -written warning including suspension from work for one day. THIRD- written warning including Expulsion from site.

B MORE than one employee or

whole workplace/area.

---- Do-----

C Entire construction or the general public

First: verbal and written warning including suspension for 5 days. Second: expulsion from site.

NOTE: PM or Company�s representative will take appropriate disciplinary

measures against the Contractor/ Sub Contractor as advised by the Safety Officer of ONGC through Head -SHE.

Material handling and storage. 3.1 GENERAL

i. Materials shall be organized by type, size, length and with due regard to fire characteristics. All materials must be properly stacked and secured to prevent sliding, falling or collapse. Piles of materials shall be arranged to allow for passageway. Protruding nails must be bent or pulled when uncrating material.

ii. Flammable or combustible substances shall be stored in �no smoking� area.

Stored material should never obstruct exits. iii. All lifting tools and tackles shall be got tested by the Contractor through

authorized person as per factory act 1948 and a certificate to this effect shall be submitted before their use.

iv. Special Care & Safety measures are to be ensured for handling and storage of Radiographic Materials as detailed below:

The Radiographic camera when not in use must always be stored in the specified radiographic room only under lock and key.

The Source storage must be conspicuously pasted with appropriate warning signs along with radiation symbol.

The package will have an identification mark indicating the contents. 3.2 LIFTING

Use proper lifting techniques when handling materials, tins, boxes etc. * Establish good footing and place feet about shoulder width apart, * Bend at your knees to grasp the weight/load; * Keep your back straight and get a firm hold; * Lift gradually by straightening your legs. Do not jerk nor twist. * Get help for bulky or heavy loads.

Reverse this procedure when putting a load down. 3.3 LUMBER



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Lumber shall be stacked level and solidly supported. Cross-strips and Cross-pilings shall be used when a pile is unstable due to its height. Keep the top of each pile as level as possible when removing lumber. Used lumber shall have all nails removed before storage.

3.4 CEMENT AND LIME

Bags of cement and lime shall not be stacked more than 10 bags high. Bags at the outside of the stack shall have its mouth facing the center of the stack. During unstacking the top must be kept nearly level.

Bricks, Blocks and Tiles: Bricks, blocks and tiles shall be stacked on an even and solid surface not more than 2m high.

3.5 REINFORCING, SHEET AND STRUCTURAL STEEL Reinforcing steel shall be stored in an orderly manner according to size & length and away from walk/ roadways. Corrugated and steel sheet must be stacked in flat piles and secured to avoid sheet(s) blowing away during stormy weather. Loose or prefabricated structural steel shall be securely piled to avoid falling down.

3.6 PIPES Pipes shall be stacked properly according to different sizes & types. When removing pipes you must start from the top of the stack in layer by layer.

3.7 SAND, GRAVEL AND CRUSHED STONE Sand, gravel or crushed Stone from stockpile shall be withdrawn systematically. When dumped against walls the resisting strength of wall structure must be checked on possible exceeding thereof.

3.8 FLAMMABLE GASES AND LIQUIDS Substances creating potential flammability hazards are: Gases: acetylene oxygen liquefied petroleum gas (LPG) nitrogen Liquids: petrol/gasoline diesel (fuel) kerosene/petroleum turpentine/thinner oily

paints varnishes some types of cleaning fluid. These gases and liquids can easily be ignited by an open flame, a spark or

excessive (sun) heat. Storage places of flammable gases or liquids shall be sun sheltered and at least 6

m away from equipment or a place where welding or cutting/burning is being undertaken. Dry bushes, grass or other debris must be cleared from these places. Warning signs �No Smoking" must be posted and no smoking is therewith enforced.

Smoking of workers during transport, handling or working with any flammable gas liquid is absolutely prohibited.

4.0 ELECTRICAL INSTALLATIONS, MACHINERY AND TOOLS Under certain conditions a small amount of electrical current can cause electrocution. Less than one-tenth of an ampere can result in death. ONLY QUALIFIED employees are allowed to perform electrical work.

4.1 TEMPORARY ELECTRICAL INSTALLATIONS 4.1. 1 Wires and cables.

Temporary wiring shall be guarded or isolated by elevation and insulated to prevent accidental contact by workmen. Temporary circuits must be protected



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from excess currents. Flexible wiring etc. shall be sheathed in PVC or tough rubber.

4.1.2 Disconnect and over current protection Switches, fuse cabinets and the like shall be enclosed in specific cases, properly marked, grounded and installed minimizing the danger of accidental operation. Weather proof enclosure or cabinets shall be provided in wet locations.

4.1.3 Earthing All electrical circuits shall be grounded. Earth shall be provided for non-current carrying metallic parts of equipment such as generators, trucks, cranes. All portable and semi portable tools and equipments shall be earthed unless protected by an approved system of double insulation or equivalent. These must be distinctively marked.

4.1.4 Bulbs or lamps

Temporary lighting must have guards to protect the bulbs. Broken and burned-out lamps must be replaced immediately. Hand lamps must have protected bulbs as well.

4.2 ELECTRICAL MACHINERY AND TOOLS 4.2.1 Safety devices Saws, grinders, planers and other such machinery or tools must have proper

guards in place at all times. Removing guards or rendering them inoperative will result in disciplinary measures.

All fixed woodworking machinery/tools shall be provided with a disconnect switch that can be either locked or tagged in the off-position.

Electric cords: Temporary and extension cords must be 3-wire type, protected against damage and not fastened with staplers nor hung from nails nor suspended from wires. They must be kept clear of walkways and other locations where they may be exposed to damage or where they create tripping hazards. No cord with a damaged ground shall be used. Splices in electric cords must have adequate connections with insulation such as to retain the mechanical and electrical capacity of the original cable.

Portable tools: All portable electric tools shall be double-insulated. These tools shall be hoisted or lowered by handle, never by the cord. No tool with a damaged ground plug or a worn or frayed cable shall be used. Inspect your tools daily to ensure they are in proper working order. Damaged or defective tools must not be used but returned immediately to the Workshop for repair.

MAINTENANCE and REPAIR: Qualified electricians shall inspect all temporary electrical installations once in a week. Qualified employees shall only carry out maintenance and repair on de-energised machine, installations or lines. When it is necessary to work on energized machinery, installations or lines rubber gloves, blankets, mats or other personal protective equipment must be used.

5.0 HAND AND POWER TOOLS

Tools in safe working condition shall be issued for use at site. Check such condition upon receiving the tools. "

5.1 GENERAL



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One must comply with all of the manufacturer's instructions: if one are not familiar with these instructions ask for the user's manual upon receiving the tool and study it prior to commencing the use of the tool. Tools shall be secured during overhead work. Throwing tools is not permitted. Only non-sparking tools must be used in areas liable to fire or explosion. Inspect the tools daily to ensure that these are in proper working order. Damaged or defective tools must not be used but returned immediately to the Workshop for repair.

5.2 HAND TOOLS Do not use unsafe hand tools. Wrenches should not be used when its jaws are sprung to the point where slippage will most likely to occur. Keep impact tools free of mushroomed heads. Keep wooden tool handles free of splinters or cracks and assure a tight connection between the tool head and the handle.

5.3 GRINDING TOOLS Abrasive wheel bench or stand grinders must have safety guards strong enough to withstand bursting wheels. Adjust work rests on grinders to a clearance not to exceed 3mm between rest and wheel surface. Inspect and ring-test abrasive wheels before mounting. Always leave the wheel in working condition for the next user. Properly dress the wheel before and after use. Destroy damaged wheels. Do not operate in excess of rated speed.

5.4 POWER SAWS 5.4.1 Band saws

All portions of band saw blades shall be enclosed or guarded, except for working portion of blades between bottom of guide rolls and table.

5.4.2 Circular saws Portable, power-driven circular saws shall be equipped with guards above and

below the base plate or shoe. The lower guard will cover the saw to depth of teeth, except for minimum arc required to allow proper retraction and contact with the work, and will automatically return to covering position when blade is removed from the work.

Circular table saw shall have a hood over the portion of the saw above the table mounted so that the hood will automatically adjust itself with he thickness of and remain in contact with the material being cut. In addition these tables saws shall have a spreader aligned with the blade, spaced no more than 12mm behind the largest blade mounted in the saw.

Circular table saws used for ripping shall have non-kickback fingers or dogs. Feed rolls and blades of self-feed circular saws shall be protected by a hood or guard to prevent the hands of the operator from coming in contact with in running rolls at any time.

5.4.3 Radial saws Radial saws shall have an upper guard, which completely encloses upper half of

the saw blade. A device that will automatically adjust to the thickness of and remain in contact with material being cut shall guard the sides of lower exposed portion of blade.

Radial saws used for ripping must have non-kickback fingers or dogs. Radial saws will be installed so the cutting head will return to starting position when released by the operator.



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5.4.4 Swing or sliding cut-off saws All swing or sliding cut-off saws shall be provided with a hood that will completely

enclose the upper half of the saw. Limit stops shall be provided to prevent swing or sliding type cut-off saws from

extending beyond the front or back edges of the table. Each swing or sliding cut-off saw shall be provided with an effective device to

return the saw automatically to the back of table when released at any point of its travel.

Inverted sliding cut-off saws shall be provided with a hood that will cover the part of the saw that protrudes above top of the table or material being cut.

5.5 PLANERS AND JOINTERS Each hand-fed planer and jointer with a horizontal head must be equipped with cylindrical cutting head. Keep opening in the table as small as possible. Each hand-jointer with a horizontal cutting head must have an automatic guard to cover the section of the head on working side of fence or cage. Guards may not be removed. A proper jointer guard will automatically adjust itself to cover unused portion of the head, and remain in contact with material at all times. Each hand-fed jointer with horizontal cutting head must have a guard, which will cover the section of the head back of the cage fence.

5.6 PNEUMATIC TOOLS A variety of tools such as hammers, drills, paving breakers, (concrete) vibrators

may be powered by compressed air usually provided by a diesel driven compressor near the workplace.

Secure pneumatic tools to the hose in a positive manner to prevent accidental disconnection. Install and maintain safety clips or retainers on pneumatic impact tools to prevent attachments from being accidentally expelled. All hoses exceeding 12mm inside diameter require safety devices at the source of supply to reduce pressure in case of hose failure. The use of hoses for hoisting or lowering tools shall not be permitted. An appropriate safety check valve must be installed at the manifold outlet of each supply line for handheld pneumatic tools. The pressure rating of each tool will be indicated by the manufacturer and shall not be exceeded. Each pneumatic tool shall be cut off and exhausted before disconnecting. In situations where pneumatic tools are used simultaneously with supplied air respirators, the pneumatic tool hoses shall be labeled "not for breathing" and connectors must not be interchangeable.

5.7 RADIOGRAPHIC INSPECTION AND LASER Only trained and authorized person(s) will be allowed to operate Radiographic

equipments and lasers. Radiography be performed only in a restricted area with the appropriate radiation

signs & the employees must wear a film badge or pocket dosimeter. Proper eye protection be used where there is a potential exposure to laser light

greater than 0.005 watts (5 milliwatts). Beam shutters or caps will be utilized, or laser turned off, when laser transmission is not actually required. When lasers are left unattended for a substantial period of time, turn them off.

5.8 WIRE ROPE SLINGS



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Contractor will observe standard practice. Site instructions shall be prepared in case such practices are not adequate. Wire rope Slings with test certificate must be purchased from recognised manufacturer(s) providing them with cast-metal eye rope joints and with a mark indicating the safe working load (SWL) of each sling. The use of field made wire rope slings provided with eye rope joints of "U"-bolt clips are absolutely forbidden.

5.8.1 Inspection Inspection for handling wire rope sling shall be made (of the exposed turns of coils

or reels) when it is received from the supplier. Further each wire rope sling shall always be completely inspected by the Supervisor for damage and corrosion prior to issue from the workshop / store.

In-use inspections shall frequently be carried out on kinks, twists and permanent bend. The frequency of inspection is determined by the number of uses of the wire rope sling and the carefulness of storage when not in (daily) use.

The weak points in the rope, or the point where the greatest stress occurs, must be inspected with great care. Examine the worn spots, which will show up as shiny flattened spots on the wires and measure some of these shiny spots. If it appears that the outer wires have been reduced in diameter by one-fourth the worn spot is unsafe and the wire rope sling must no longer be used.

Examine the broken wires: If three broken wires are found in one strand of 6 x 7 rope, six broken wires are found in one strand of 6 x 19 rope the wire rope slings are unsafe and must no longer be used.

5.8.2 Use Sudden stresses in the wire rope slings shall be avoided. Traveling over rough

area with an automotive crane with load in suspension or quick acceleration in lifting may cause stresses even above the breaking strength of the wire rope.

Avoid crushing forces on the wire rope at all times to prevent damage to core and hidden wires. When applying a basket- or a choker hitch on a object to be hoisted care shall be taken to avoid crushing forces on the wire rope by making use of softeners at the sharp corners or edges of the object. In addition, care shall be taken that the sling does not slip on the object being lifted.

5.9 CHAINS 5.9.1 General Never use a chain when it is possible to use a wire rope sling for general

construction hoisting/lifting. The failure of a single link of the chain can result in an accident while a wire rope sling is composed of a considerable number of wires of which most must fail before the rope breaks. A wire rope sling gives you reserve strength and a chance to visually notice a defect, whereas a chain does not.

Nevertheless there are certain jobs for which a chain is better than a wire rope and the most common use of chains is the lifting in bridle hitch or double bridle hitch application.

5.9.2 Chains with test certificate Chain lifting gears must only be made of alloy steel and purchased from

recognized manufacturer(s) providing them with an eye and hook at either end or with a mark indicating the safe working load (SWL).



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The use of field repaired (re-welded) or altered or extended/shortened chain lifting gear(s) is absolutely forbidden.

5.9.3 Inspection Inspections shall frequently be carried out on wear, nicks, gouges, stretch,

localized bending and shearing by the work place Supervisor. The frequency of inspection is determined by the number of uses of the chain and the carefulness of storage when not in (daily) use.

Stretching can be distinguished by small checks or cracks in the link(s), elongation of the links or a tendency for the links to bind to each other. Make sure that the (alloy steel) chains are never annealed or heat-treated. Their capacity will be completely destroyed, if defect(s) is (are) observed or in case of doubt on its proper condition the chain must no longer be used.

5.9.5 Use Know the weight of the load and make sure the chain is of the correct capacity for

the load being lifted. Avoid impact loading.

Never use a chain when the links are locked, stretched or without free movement. Never use the tip of chain hooks to carry a load.

Make sure the sundry attachments or fittings on the object to be lifted are of a type grade and size suitable for service with the chain used. "

5.10 SYNTHETIC WEB SLINGS Synthetic webbing slings offer numerous advantages in hoisting or lifting objects and are therefore allowed to be used under the following conditions:

I. Each synthetic web sling shall be marked or coded to show the rated capacities for each type of hitch and type of web material.

II. Any non-marked or non-coded synthetic web sling shall not be used. III. Nylon web slings shall not be used where fumes, sprays, mists or liquids of acid are

present. IV. Polyester web slings shall not be used where fumes, vapour, sprays, mists (liquids)

of caustics are present. V. Synthetic fiber web slings shall be immediately removed from service if any of the

following conditions are present: * Acid or caustic burns; * Melting or charring of any part of the sling surface; * Snags, punctures, tears or cuts; 5.11 HOOKS, SHACKLES AND BEAM CLAMPS 5.11.1 The basic rules for use of hooks, shackles or beam clamps are as follows. Lifting hooks shall be purchased from recognised manufacturers and either bear a

safety latch or be moused. They shall be delivered with a test certificate issued by a recognized testing institute for each type of hook. The safe working load (SWL) must be permanently shown on each hook.

In-use inspections shall frequently be carried out on spread, distortion, wear or fracture of each hook by the work place Supervisor. The frequency of inspection is



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determined by the number of uses of the hook(s) and the carefulness of storage when not in (daily) use.

If a defect is observed the hook shall no longer be used, marked as being out of service, returned to the Workshop and disposed off.

The use of field repaired (welded) or altered hooks is absolutely forbidden. Place only ONE eye in a hook. Use a shackle to hold 2 or more eyes. In such event the pin of the shackle shall be placed in the hook with the eyes of choker bearing on the shank. Pack the pin with washers to centralise the shackle. Never place a load on the point of a hook but always in the center.

5.11.2 Shackles Shackles with straight pin only shall be purchased from recognised manufacturers

provided with safety device in the form of a nut on the threaded end of the pin which nut shall be secured by a split pin. The shackles shall be delivered with a test certificate issued by a recognised testing institute for each type of shackle. The safe working load (SWL) and the number of test certificate must be permanently shown on each shackle.

In-use" inspections shall frequently be carried out on spread, overstrains, distortion, wear or fracture of each shackle by the work place Supervisor. The frequency of inspection is determined by the number of uses of the shackle(s) and the carefulness of storage when not in (daily) use. If a defect is observed the shackle shall no longer be used, marked as being out of service, returned to the Workshop and disposed off.

The use of field repaired (welded) or altered shackles or field made shackle pin(s) is absolutely forbidden. In the event a shackle is used in a hook to hold two or more eyes the pin shall be placed in the hook with the eyes of choker bearing on the shank of the shackle. The pin shall be packed with washers on either side to the hook in order to centralise the shackle in the hook. Never allow a shackle to be pulled at an angle: the legs will open up.

5.11.3 Beam clamps Use only structural engineering approved beam clamps for lifting any load. No

welded rings or field fabricated lifting devices shall be used. " The use of plate grips, tongs, girder hooks, pipe clamps or the like as substitutes of beam clamps is absolutely forbidden.

Beam damps are usually made for straight lifting of loads. In the event angle lifts are to be made make sure that the design calculations on capacity of that beam clamp as well as on strength of the beam flange have coped with the multiple stresses under such angle lifting condition.

In-use inspection shall be carried out by the work place Supervisor prior to each daily use by checking hooks, locking pins and lifting eyes for distortion, wear, localized bending and shearing, fracture or other defects; inspecting of welds for checks cracks; checking bolts or locking devices for ease of operation; making sure that identification numbers, capacity and beam size are and remain clearly marked on to clamp.

The beam clamp must appropriately fit the beam to be lifted and shall be securely fastened to it. The rigging shall be attached to the beam clamp using a shackle. Do not place a hook directly in the beam clamp-lifting eye.



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6.0 CONSTRUCTIONAL PLANT & EQUIPMENT 6.1 GENERAL SAFETY MEASURES Before the use of any piece of construction Plant & Equipment after arrival on to

site it shall be inspected tested and certified �safe for use� by the contractor. All belts, chains, gears, drums or other moving parts of the equipment must be

guarded to prevent contact by the human body. All hot surfaces shall be guarded as well. Exhaust discharge pipe shall be located avoiding obstruction of the operator's view and directed avoiding danger to persons and flammable or combustible material.

Only designated and trained personnel shall operate plant & equipment. The

engine of plant & equipment shall be stopped before and during re-fuelling. Fuel tank must be located to avoid any re-fuelling spill or overflow entering into the machine unless other precaution(s) shall prevent this hazard. Riding on and getting on/off moving plant & equipment is absolutely prohibited.

6.2 INSPECTION, MAINTENANCE AND TESTS 6.2.1 General An inspection and maintenance plan shall be established for each plant &

equipment item employed on the project site, which plan includes the procedures, frequencies and sequences stated in the manufacturer's specification

Any repairs to critical plant parts (for example: crane booms) shall warrant testing under specified conditions to assure that original load ratings or design requirements are satisfied.

6.2.2 Record keeping A permanent record folder shall be maintained for each piece of plant & equipment

employed on the project site. This folder shall include the description of safety features installed, inspection-, service & test records, safety checklist, lubrication & fuel recommendations and consumption records, any other special data and an overall equipment history.

6.2.3 Inspections and tests Competent and trained personnel shall carry out inspections and tests. All

inspection and test results shall be recorded in respective logbooks kept on the site. A full inspection and test of all functions shall be made after installation, erection or extension of all hoisting plant & equipment and the respective requirements shall be satisfied before it will be approved for and put into operation. Test weights shall be readily and freely available on the site (not stuck in mud or the like). Once in a six months a safety inspection shall be performed on all hoisting, transport and earth moving plant & equipment employed on the project site. The results of the inspection shall be recorded on a safety checklist.

Once in a year each piece of hoisting plant or equipment shall satisfactorily complete operating tests. These performance tests shall demonstrate strengths and capabilities to safely maneuver, 75% of the maximum allowed load, which includes auxiliary load handling devices. Test records shall be kept as part of an official job file.

6.3 HOISTING PLANT AND EQUIPMENT Contractor will observe standard practice and in case such practice is inadequate.

Site instruction is to be prepared.



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6.3.1 General Safety Rules In addition to the safety measures stated above, the following rules shall

apply: The operator must stay in his position at the controls at all times when the machine

is in operation. All drums on this plant & equipment shall be equipped with proper locking devices. Substantial braking equipment shall be provided. There shall be at least two full wraps of cable on the drums at all times.

Load rating plates shall be attached to the machine at an appropriate place. Any piece of plant & equipment shall never be loaded in excess of the manufacturer's rating. Taglines or guide ropes shall be used for controlling loads in excess of 3m width/length. Standard operating signals or radio communication shall be used to direct all operations. Only one person shall be permitted to give signals to the operator. This signal person must have been specifically trained in the use of hand signals or radio communication only in case of an emergency the STOP signal can be given by anyone. Riding on any hoisted load is absolutely prohibited.

6.3.2 Crawler, Truck and other Wheel mounted Cranes

When cranes are being operated on soft soil substantial mats shall be used to prevent the crane from sinking or tilting off level. Never operate cranes closer than 1 m from the edge of excavations or other holes in the soil or in structures.

The outriggers of truck- and other wheel-mounted cranes shall be utilised at all time when a hoisting operation is being carried out. These mobile cranes must be equipped with an audible reverse signal alarm, which operates automatically at all times during backward movement.

The hook shall be positioned directly over the load to be lifted in order to minimise strain on the crane and sliding of the load. Swinging of loads over workers and bystanders shall be avoided.

The swing radius area shall be barricaded or otherwise protected to keep person away from the crane during its operation. Except where electrical distribution and transmission lines have been de-energized and visibly grounded, no part of a crane or its load shall be operated within 3 m of line rated up to 50kV.

Devices shall be attached on all cranes to control vertical motion of the boom. The master clutch shall be dis-engaged and all controls locked before the operator temporarily leave his position. Crane booms shall be secured against wind loads or other outside forces after work is over.

6.3.4 Land Based and Floating Pile Drivers Cranes utilized for piling operations are usually of the crawler crane type. In

addition to the safety measures stated above the following shall apply to land based and floating pile drivers: Fixed piling leaders shall be provided with decked landings having guard rails, intermediate rails and toe guards for safe operation thereon and to prevent piles swinging in over the deck.

Swinging piling leaders shall have fixed ladders. Employees are prohibited from staying on the leader or ladder while a pile is being driven.

Storage of materials, tools or whatsoever on landings or fixed to ladders or leaders is absolutely forbidden.



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Hoisting of steel sheet piles shall be done using positive means of attachment preventing accidental disengagement.

For extracting operations: To prevent exceeding the load rating of the equipment, pile extractors shall be used. Crane booms shall not exceed 60 (sixty) degrees above the horizontal while extracting piles, unless other precautions have been put in operation to prevent the backward tipping of the boom after accidental loss of pulling force. Safety lashing shall be provided for hose connections, pile ejectors or jet pipes.

During operation of a piling hammer, vibrator or pile extractor all people in the vicinity shall wear ear protection (earmuffs).

6.3.5 Tower Cranes and Portal or Gantry Cranes Safe use of these cranes requires internal safety controls:

Limit switches on all possible movements; A warning buzzer or lights to warn the operator that overload conditions are being

approached; Dead man controls on all control boxes (cabin and remote); And for tower cranes: automatic acceleration & deceleration controls on the load

line and jib swing controls. Traveling cranes must be equipped with an audible traveling signal alarm which

operates automatically at all times during traveling. Track scrapers or cleaners shall be provided on the cranes as well as chocks or mooring devices to prevent accidental traveling under storm wind conditions.

The main power switch must be padlocked in the �off � position when the crane is not in use.

All electrical components as well as the crane structure shall be grounded. The cranes shall have an automatic stop on all movements in the event of a power failure. An access ladder shall be installed (for tower cranes: inside the tower) equipped with a personnel cage. Landing platforms shall be provided at least every 10 (ten) meters. Catwalk on the jib or portal beam shall have handrails. If handrails are not installed a safety harness & messenger cable shall be provided and their use must be enforced.

The load line shall only be used for vertical movement of loads. It must not be used for sliding loads, pulling vehicles, removing piling, loosening forms or other similar operations.

Swinging of loads over workers and by standers shall be avoided. If this operation is unavoidable the crane operator must sound the buzzer or horn or bell before doing so to warn the personnel.

The hook or load block of a crane shall not be allowed to rest on any object. Doing so will produce slack in the cable line on the wind-up drum which is a safety hazard. When the crane is not being used its hook or load block shall be raised to its "near top" elevation.

6.3.6 Material Hoists Towers, shaft ways and cars shall be designed and constructed of materials being

capable of sustaining the maximum load imposed with a safety factor of at least 5 (five). Cars or material hoisting cages shall be equipped with a broken cable safety device. The bottom panel of all hoist ways shall be screened in on as many



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sides as possible. Hoist ways of outside hoists must be enclosed over its entire height with heavy mesh wire except at loading/unloading platforms.

The shaft ways of inside hoists shall be enclosed with substantial wire mesh of not greater than 50 mm openings to a height of at least 2 m from each landing except at the loading/unloading side. Where employees are working near a shaft way its enclosure must extend from floor to ceiling.

All material hoists shall be protected at the main loading platform with an automatic vertical sliding gate and at all other floors with a hand-raised sliding gate of a height that will prevent anyone from looking over it into the shaft. Where landing platforms connect the hoist way to the building such platforms shall be provided with guardrails, toe boards and overhead protection. All landing platforms must be free and clear thus not used for storage of materials, tools and debris at all time. Material hoist cars or cages shall be constructed with toe boards and heavy screen wire enclosure on all unused sides whilst its frame shall be of steel. The wood used for the car floor shall be at least 50mm thick, securely fastened and properly braced to the steel car/cage frame. If a car/cage floor is covered with metal it must have a non-sliding surface.

The car/cage roof must be constructed of material strong enough to protect workers engaged in loading / unloading operations against falling object.

Part of the roof may be hinged to provide for the hoisting of long materials. A device shall be provided to automatically hold the loaded or unloaded car/cage in position in the event of power failure or sudden breakdown of the hoisting engine. Whistle signals must not be used for hoisting work. Hand signals are satisfactory where the hoist engine operator can see the signal person, but a mechanical bell is recommended. Electrical bells or lights are the appropriate signals for hoisting work. The designated signal codes shall be posted in large letters and clearly visible at each work level and at the location of the hoisting engine operator. Transport of people with the material hoist is not permitted and thus riding on this hoist is also absolutely prohibited.

6.4 HEAVY EARTHMOVING AND HANDLING PLANT AND EQUIPMENT 6.4.1 General Safety Rules In addition to the safety measures stated above, the following rules shall

apply:

The operators must wear hard hats at all times. Safety seatbelt shall be installed and used by the operator and passengers, if any, of dump trucks driving on public roads.

If the noise produced by the operation and working of the machine exceeds 85 dB, the operator shall wear ear protection (earmuffs). Rollover protective structure shall be installed on wheel loaders, bulldozers, traxcavators, motor graders and vibrating rollers. Safety canopies (constructed together with this structure) provide excellent protection of the operator against falling objects, direct sunlight and rain.

Wheel loaders, bulldozers, traxcavators, motor graders, dumptrucks, vibrating roller and scrapers shall also be equipped with an audible reverse signal alarm which operates automatically with and at all time during backward movement. The audible signal must be suitable for the working conditions and may be continuous or intermittent.



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The operator shall never leave his position with the motor idling when the machine stands on an inclined surface or on loose sand, soil or stone material. If this will be not possible (any part of) the machine projecting into the road or track must be adequately marked with red lights, flashers or flares during darkness.

Before repairs are being carried out the mechanic must make sure that the motor has been stopped running. Riding on or in a bucket, clamshell or (dozer) blade is absolutely forbidden.

6.4.2 HYDRAULIC EXCAVATORS/SHOVELS AND CLAMSHELLS Where the soil is soft the machine shall stand on a solid foundation such as mats

or heavy planking and the outriggers, if any, are fully extended and firmly founded before starting operation. Prior to operating on a bank next to an excavation or ditch the operator shall check with his Supervisor whether shoring or bracing of the bank is necessary.

Never operate closer than 3 (three) meters from (overhead) electrical lines. Never

swing the bucket or clamshell over workers all of whom must stay clear of the bucket/clamshell swing and the motor/counterweight radius area. The operator shall never leave his position with the motor idling unless the master clutch has been disengaged, the brake has been set and the bucket/clamshell rests on the ground. No one is permitted in the cabin with the operator during (working) movements of the machine.

6.4.3 BULLDOZERS. TRAXCAVATORS AND WHEEL LOADERS Filling operations can be very dangerous. To prevent the machine from rolling

over the material shall be pushed or dumped over the edge only as far as necessary to ensure the safety of the machine.

Before starting a downhill operation the blade or bucket must be lowered to secure load of earth/ sand/stone in front of the machine and such load shall be maintained, in that position to the bottom of the hill. If the load is lost on the downhill trip the blade or the bucket shall not be jammed into the ground or used as a brake. Doing so may cause the machine to rollover.

The operator shall never leave his position with the motor idling unless the shift lever has been placed in neutral, the brake has been set and the blade or bucket rests on the ground.

When coupling the machine to other equipment, workers shall stand clear of the space between the units. Before coupling begins the machine must stand still, shift lever placed in neutral and brakes set.

6.4.4 DUMP TRUCKS During loading operations, no person shall remain in or on the truck unless the

cabin has been adequately protected against heavy impacts. Materials loaded shall be within the safe limits of the truck and shall thus not project beyond the truck body. Never carry a load in excess of the rated capacity of the vehicle when necessary to operate on public road do not exceed the gross vehicle load limit for that road.

After having dumped the materials the dump body must be lowered and secured in

position before any movement of the dump truck shall be permitted. The truck driver shall never leave his position with the motor idling unless the shift lever has



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been placed in neutral, the brake has been set and the dump body rests in its lowest position.

When coupling the truck to other equipment workers shall stand clear of the space between the units. Before coupling begins the truck must stand still, the shift lever placed in neutral and the brakes set.

The transport of people with a dump truck is prohibited, except one or two persons inside the cabin provided safety seat belts are installed and used by these passengers.

6.4.5 MOTOR GRADERS AND VIBRATING ROLLERS Back sloping on steep or high embankments is dangerous and shall be avoided.

Generally, when graders or vibrating rollers operate on slopes the operator runs the risk of tipping.

To avoid overturning of a grader its blade shall be extended when scraping shoulders and the grader must operate off the shoulder.

Prior to operating a vibrating roller on a bank next to an excavation or ditch the operator shall check with his Supervisor whether shoring or bracing of the bank is necessary.

When operating a grader or roller on roadways still in use by traffic a red flag shall project the rear wheel at the side where traffic overtakes or flashing yellow lights on the grader or roller are in operation to warn other vehicles. A "slow moving vehicle" emblem must be properly displayed. When blading or rolling against traffic will be necessary warning signs, flags and barricades shall be in place before the work begins or a flag/flashing lights vehicle shall guide the grader or roller in its movement against the traffic flow.

The operator shall never leave his position with the motor idling unless the shift

lever has been placed in neutral, the brake has been set and the grader blade rests on the ground or the vibrating motion has been shut off.

6.4.6 SCRAPERS Sharp downhill turns or a turn on an elevated apron is dangerous maneuvers for a

scraper and shall therefore be avoided. When going downhill the operator shall leave the machine in gear and use the

retarders to control the speed. If the brakes will not hold the load the operator must drop or drag the bowl to make an emergency stop.

To prevent the scraper from slipping off the edge of a fill the center of the fill must be kept low and the outside edges high.

When the cutting edge blades are being replaced the scraper bowl or dozer blade shall always be blocked. After the scraper is lifted to the desired height blocks must be placed under the bottom near the ground plates. Apron arms shall be raised high enough to wedge each block in place when the apron is dropped.

6.5 MOTOR VEHICLES 6.5.1 General Safety Rules

In addition to the safety measures stated above, the following rules shall apply: The driver must possess a valid driver's licence for the type of vehicle he/she

operates. Every vehicle shall, as a minimum is equipped with an appropriate speedometer, fuel gage, horn, a windscreen and its wipers. All glass in such



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vehicles shall be safety glass. Broken or cracked glass must be replaced immediately. The exhaust pipe of the vehicle must be fitted with proper flame arrester.

Any vehicle operated in hours of darkness shall be equipped with properly

functioning headlights, tail lights and signal lights and the driver must switch on these lights prior to begin any movement.

The engine must be shut off before and during (re) fueling. Fueling from open cans is not permitted. The driver shall never leave his position with the motor idling unless the shift lever has been placed in neutral and the brake has been set. Riding on running boards, fenders, and bumpers or on top of the cabin is absolutely forbidden.

6.5.2 Pick-ups and Cargo Trucks The driver shall leave the cabin when the vehicle is being loaded by any hoisting

equipment. No part of the load shall extend over the sides of the vehicle except in unavoidable conditions and then warning signs shall be provided. Cargo projected over the end of the vehicle shall be marked with a red flag during daytime and a red light during darkness.

Pick-ups and cargo trucks shall be equipped with an audible reverse signal alarm, which operates automatically with and at all time during backward movement. The audible signal must be suitable for the working conditions and may be continuous or intermittent.

7.0 TEMPORARY BUILDING STRUCTURES 7.1 SCAFFOLDING

In addition to requirements given in IS: 4014 (Part I & II) -1967 and IS: 3696 (Part I &II)� 1987, following requirements shall be strictly adhered to:

7.1.1 MS/GI scaffolding should be provided as per the instructions of Engineer-In- charge for all works that cannot be done safely from the ground or form solid constructions except for such short period of work, which can be done safely from ladders. When a ladder is used an extra labour shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable footholds and handholds shall be provided on the ladder and the ladder shall be given an inclination not steeper than 1 in 4 (1 horizontal and 4 vertical).

7.1.2 Scaffolding or staging more than 4 meters above the ground or floor swing or suspended from an overhead support or erected with stationary support shall have a guard rail properly attached/ bolted/ braced. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

7.1.3 Working platform, gangways and stairways should be so constructed that they should not sag unduly or unequally and if the height of the platform or gangway or the stairway is more than 4 meters above ground level or floor level, they should be closely boarded, should have adequate width and should be suitably fastened as described in 7.1.2 above.

7.1.4 Every opening in the floor of a building or in a working platform is to be provided with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be one meter.

7.2 FORMWORK AND FALSEWORK.



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Formwork and false work shall be designed, erected, braced and maintained so that it will support all loads that may be applied until the structure can support the loads. The design shall require structural engineering approval prior to fabrication or erection.

Form or false work 2.5 m or more of height above ground / floor level or constructed above water shall be provided with an appropriately planked walkway or working platform of at least 0.5 m wide over the full length fitted out with a guard & midrail at all open sides.

Adequate fall protection devices must be installed for workers erecting forms or placing reinforcing steel where there is a fall hazard.

Only workers actually engaged in form work shall be allowed in that area during

these operations. All protruding nails must be removed from stripped (parts of) forms prior to neatly stacking for re-use or disposal.

7.3 ACCESS FACILITIES 7.3.1 General Safety Rules. Safe access must be provided to all work areas. Access ways shall be kept clear of

obstructions liable to cause hazards and any material hindering safe passage. Unavoidable slipping hazards shall be controlled by use of sand or cinders.

Unavoidable obstructions or projections into access ways or passages shall be clearly posted. Sharp projections shall be covered with resilient material.

Primary access ways shall have overhead protection equal to 50mm of solid planking whenever a work is performed over the entrance. Jumping from or to work areas is not allowed nor is sliding down cables, ropes or guys.

7.3.2 Standard Guardrails The posts and top railings of standard temporary guardrails must be capable of

withstanding at any point a load of 900 (nine hundred) Newtons from any direction with minimum deflection.

The top rail shall be installed 1 m above floor level and the vertical posts shall be spaced not more than 2.5 m center to center.

A standard guardrail comprises a top handrail of minimal either 48 mm x 95 mm dressed timber or 35 mm nominal diameter pipe or a midrail halfway between the top rail and the floor consisting of minimal 22 mm x 148 mm dressed timber or 25 mm nominal diameter pipe.

Where persons are required to work or to pass under a guardrail protected area a

toe board 100 mm high must be installed between the posts as well as a wire mesh screen with maximum 12 mm openings between the toeboard and the top rail. Clearance between the toe board and the working surface shall not exceed 5 mm.

7.3.3 Floor and Wall Openings All holes into which persons can accidentally walk shall be guarded with securely

anchored standard guardrails or covers of sufficient strength to support any load imposed.



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Every stairway -or ladder opening shall be guarded on all open sides with a standard guardrail except at the entrance/exit side, which must have an offset to prevent anyone from walking directly into the opening.

Hatchways and floor chute openings shall be covered with hinged covers or removable guardrails.

Open-sided floors and platforms 2m or more above the adjacent floor or ground level shall be guarded with securely anchored standard guardrails. Where wall openings are less than 1 m above the working surface and the fall exposure is more than 1.5m guardrails shall be installed in these openings.

7.3.4 Stairways On all structures, higher than 6 m, stairways is the only safe access way to the

work areas. Stairways shall be installed at least 30 (thirty) degrees and not more than 50 (fifty) degrees from the horizontal. At every 3.5 m or less, a rise landing must be provided at least 1 m deep and 0.6m wide.

Rise height and tread width shall be uniform throughout any flight of stairs. Stairways having four or more risers or rising more than 1 m and being less than 1.1 m wide with one side open must have at least a stair railing on the open side. Such stairways between 1.1 m and 2.2 m wide shall be provided with a handrail on the enclosed side and a stair railing on the open side.

All stairways with two open sides shall have a stair railing installed on both sides. A stair railing is of construction similar to standards guardrails but the vertical height must not be more than 0.85 m nor less than 0.75 m from top rail to surface at front edge of tread.

Where a door or gate opens directly onto a stairway a platform must be constructed that extends at least 0.5 m beyond the swing of the door or gate.

Temporary spiral stairways shall not be installed and workers shall not use permanent spiral stairways.

7 .3.5 Ladders.

Only for buildings or structures up to 6 (six) meters height ladders shall be used to provide safe access to and way out from the work areas.

Where the work area level is higher than 4 m a system of two ladders with an

intermediate landing platform at maximum 3 m height shall be used to reach that work area.

When portable ladders are used the side rails shall extend at least 0.9 m above

the upper landing surface. The ladders must always be secured at the upper landing whilst they shall never rest on a slippery surface unless secured or provided with slip-resistant feet.

Ladder rungs, cleats or steps shall be parallel, level and uniformly spaced when

the ladder is in position for use. The pitch of (non self supporting) ladders shall at least be 4 in 1 i.e. for every

2 m vertical (ladder) height; 0.5 m out from the support structure.



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Job built wood (single cleat) ladders must be between 0.4 m and 0.5 m wide, not exceed 4.20 m working length, have cleats evenly spaced between 0.2 m and 0.3 m with a 12 m inset into the side rails or filler blocks used for support onto the side rails. Lumber of cleats must be free of knots whilst the lumber for side rails shall be free of as many knots as possible. The lumber shall be surfaced to prevent injury. Do not paint ladders: paint covers structural defects. Conservation, if any, of wood ladders shall be carried out with a clear preservative such as varnish or shellac.

Metal ladders whether portable or fixed must not be used for electrical work or where they may come in contact with electrical conductors.

Ladders shall not be tied or fastened together to create longer sections unless they are designed and appropriately fitted out for such use.

A metal spreader or locking device shall be provided on each stepladder to hold the front and back sections in an open position. The cross bracing on its back section shall not be used for climbing neither shall its top or top-step be used as step.

Ladders shall never be placed in front of doors, which open toward the ladder unless door is safely locked or otherwise guarded.

Ladders that can be displaced by site activities or traffic shall be secured to avoid accidental movement or a barricade must be used to keep traffic or activities away from the ladder.

When ascending or descending a ladder the worker shall face the ladder and must have at least one hand free to grasp the ladder. Improperly ascending or descending is number one cause of accidents with ladders.

Carefully inspect a ladder before its use and if accidentally dropped or otherwise to possible damage. Repair or destroy any defective ladder.

The use of single rail ladders with broken or missing cleats, rungs or steps, broken or split side rails, or with other faulty or defective construction is absolutely prohibited.

8.0 CONSTRUCTION PROCEDURE 8.1 WELDING & CUTTING / BURNING/GRINDING 8.1. 1 General Safety Rules No welding, cutting / burning or grinding shall be done in areas where the

application of flammable paint(s), the presence of combustible gas(s) or heavy dust concentration will be apparent. Be sure these fire hazards do not exist before welding, cutting/burning or grinding operations commence.

Arc welding and cutting / burning operations shall be guarded by non-combustible

or flameproof shields to protect other workers from direct (arc) rays and sparks as well as combustible materials from sparks.

A hand fire extinguisher of appropriate capacity must be present at each location where these operations are being carried out. Keep all welding cables and cutting/burning hoses up off walkways and stairways.



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Never weld or cut / burn barrels, tanks, piping or other systems, which may have contained combustible or unknown materials/products without first obtaining approval of the Supervisor.

The welding or cutting/burning of metals having toxic significance such as zinc, lead, cadmium or chromium shall be done in the open air and a filter type respirator must be worn.

8.1.2 Welding Frames of electric welding machines operated from a power circuit shall be

effectively grounded. Both the electrode- and ground cables shall be completely insulated and there shall

be no repair nor splice within 3 (three) meters from the electrode holder. Where it is necessary to couple several lengths of cable the connection of both the

electrode and ground cables shall be done by insulated connectors. Electrodes must be removed from electrode holders left unattended by the welder

and the holder shall be placed or protected so it cannot make electrical contact. During overhead welding operations the welder shall wear a fire resistant cap or shoulder covers and a leather cap under the helmet whilst ear protection is desirable. During chipping, cleaning or grinding face protection and safety goggles shall be worn. The goggles must have tinted lenses affording ultra-violet and infra-red radiation protection.

A combination of safety hard hat and welding helmet shall be used where welders are exposed to falling objects.

8.1.3 Cutting / Burning Each torch must be equipped with an anti-flashback device. Do not use matches

to light, torches but spark igniters. Torches must not be used to light smoking materials. Appropriate gloves, face protection and safety goggles shall be worn. The goggles must have tinted lenses affording ultra-violet and infra-red radiation protection. Keep gas cylinders away from sources of heat and securely place them in an upright position to avoid tipping. While in use, valve key wrenches shall be kept in place on the valve spindle. Valve protection caps must always be in place when cylinders are not in use.

2) Acetylene gas and oxygen hoses shall be easily distinguishable and not

interchangeable. Inspect hoses at the beginning of each shift and repair or replace if defective.

Mark empty cylinders forthwith and remove them from the work place before end of shift time in returning them to the cylinders' store.

8.2 EXCAVATION / EXCAVATING 8.2.1 General Safety Rules Before opening any excavation every effort shall be made to determine if there are

underground installations in the area. The location of such underground utilities must be marked in the field and as excavating progresses the utility lines shall be appropriately supported and protected against damage. All excavations, except those in solid rock, must be either shored or sloped to the angle of repose.



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Materials shall be placed at least 0.5 m from the edge of excavations and must not roll or fall (back) into the excavated area under any condition.

The control of storm water entering into an excavation shall be done by providing an adequate drainage system. Groundwater running into the excavated area shall also be controlled and if so much that it creates a hazard the water must be pumped out of the excavation.

Barricades and warning lights shall be erected at 1 m from the edge of excavations adjacent to any pedestrian or vehicle thoroughfares. Safe access- and exit ways shall be installed or constructed by means of ladders, stairs or ramps. Where ramps are used its minimum width for personnel shall be 1.2 m and for plant & equipment 3.6 m.

At least two exit ways for personnel shall be provided and where the excavated area is more than 30 m wide two exits on each side shall be provided.

Workers shall only be permitted to work on faces of sloped or benched excavations. Workers at lower levels shall be adequately protected from the hazard of falling, rolling or sliding material or equipment.

Excavating or hoisting equipment shall not be allowed to operate over workers unless substantial overhead protection has been installed. Otherwise, workers must stay out of the swing area of such equipment.

Where vehicles or equipment operate near excavations the side of the excavation must be capable to withstand the forces exerted by the superimposed load. Also, stop logs or other barricades must be installed at the edges of such excavations.

Each excavation must be inspected daily by the Supervisor in charge. If evidence of cave-ins or slides is apparent all work in the excavation must cease until necessary precautions have been taken to safeguard the workers.

8.2.2 Trench Excavation The sides of trenches 1.5 m or deeper, when not sloped to the angle of repose, shall be shored except trenches in solid rock. Bracing or shoring of trenches shall be carried along with the excavating

operation. Cross braces or trench jacks shall be carried horizontally and secured to prevent sliding, falling or kick-outs.

Trench boxes or shields must be designed, constructed and maintained providing protection equal to or greater than the sheathing and shoring required for the situation. Access/exit ladders shall extend from the bottom of the trench to not less than 1 m above the surface. Lateral travel to installed ladders shall not exceed 15m. Backfilling and removal of trench supports shall proceed together as from the bottom of the trench.

Prior to start of each work locations where oxygen deficiency or concentrations of hazardous or explosive gases or dust are possible, the Supervisor/ In- charge shall test the atmosphere in the excavated trench. A log of all test results shall be kept at the work place. If evidence, of any of such hazards is apparent all work in the trench must cease or not start until necessary precautions have been taken to safeguard the workers.

8.2.3 Excavation along Sheet walls or in Cofferdams The design of a sheet wall or cofferdam to be used as side of an excavation must

receive structural engineering approval prior to commence its construction. The



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installation of tie rods or bracings will proceed together with the excavation. The Supervisor in charge must approve the continuation of deeper excavation after each stage of such installations.

The design shall include provisions to safeguard the stability of adjacent buildings or structures and to avoid soil movement created by (the vibration of) nearby vehicle traffic.

At least two ladders from the bottom to at least 1 m above surface shall be provided for access/exit. Where excavations exceed 6m depth two stairway towers shall be installed instead of ladders. The lateral travel to installed ladders/stairways shall not exceed 15m.

Barricades and warning lights shall be erected at the top of the sheet wall or along the periphery of the cofferdam if their top ends less than 1 m above adjacent ground or floor level.

A plan including warning signals for evacuation of a cofferdam excavation shall be developed and posted. An evacuation drill shall be undertaken once every 3 (three) months.

8.2.4 PILE DRIVING When piles are placed at the rig for hoisting, the pile toe shall rest in such position

that it will not swing nor whip while the pile is being raised. The area around the pile driver shall be kept clear of materials and equipment not being used.

All persons not actually engaged in the piling operation must be kept at a safe

distance. The hammer shall be lowered to the base of the piling leader and blocked when it is not in use.

8.3 CONCRETE CONSTRUCTION Workers handling cement in bags shall wear eye protection, respirator and snug

fitting clothes. To help prevent skin irritation from cement dust, workers shall wash exposed skin at least 4 (four) times a day or use protective cream on the exposed skin surface.

All protruding reinforcing steel, onto or into which persons could fall, must be

guarded to eliminate the hazard of impalement. Wire mesh needs to be secured from recoiling. Precast concrete: Lifting inserts which are embedded or otherwise attached to precast concrete elements and lifting hardware shall be capable of supporting at least 2 (two) times the maximum intended load applied or transmitted to them.

Prestressed concrete: During tensioning of steel strands the (hydraulic) jack

operators must work behind a protective (wooden) shield placed at the side of the steel strands to be tensioned. A nick or kink of or a corroded spot on the steel strands can cause failure when tensioned. Apply appropriate measures to prevent strand damage.



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8.4 MASONRY CONSTRUCTION Workers handling cement in bags shall wear eye protection, respirator and snug fit

clothes. To help prevent skin irritation from cement dust, workers shall wash exposed skin at least 4 (four) times a day or use protective cream on the exposed skin surface. Prior to the start of construction of brickwork wall a limited access zone must be established on the side of the wall without scaffolding. The limited access zone shall be equal to the construction height of the wall plus 1.0m and shall run the entire length of the wall. The zone shall be marked with barricade tape and a warning signboard "entry prohibited" (or words of similar nature) shall be positioned at adequate locations. !

The limited access zone shall remain in place until the wall is appropriately

supported. The entry to the limited access zone is restricted to workers actively engaged in

constructing the wall. Thus no other persons are permitted to enter the zone. All masonry walls over 2.4m in height shall during construction be adequately

braced unless the wall is supported by other means. The temporary bracing shall remain in place until permanent supporting elements of the structure are in place and functioning.

8.5 ERECTION OF STRUCTURAL STEEL AND PREFAB CONCRETE ELEMENTS In buildings or structures of skeleton construction the entire tier of beams on the

working floor shall be temporarily planked until the permanent floor has been installed. The periphery of openings needed for erection work shall be provided with standard guardrails.

Planks used for temporary flooring shall be at least 45 mm thick be placed so that

they cannot tip under the weight of a person and secured to prevent slipping. Workers are not permitted to work under areas where bolting or welding is being

done unless they are protected by adequate planking overhead. Hoisting bundles of steel, sheets or other materials must not be attempted until each piece in the bundle has been secured. Baskets or wooden boxes shall be used to hoist small pieces.

Hoisting shall be done in such way that loads are not passed over workers except

where appropriate overhead protection has been installed. Walking or sitting on a skeleton beam is only permitted when the worker is properly wearing a safety harness attached to an appropriately secured life line except in areas where a safety net has been installed as fall protection.

Ladders or stairways shall be used for safe access to or egress from the work

areas. Climbing or walking on (cross) bracings is absolutely forbidden.



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Before entry into any confined or enclosed space, checking and testing shall be

undertaken to ensure an acceptable atmospheric condition exists. This procedure shall be repeated daily if the development of harmful gas(s) will be apparent. Any flammable gas shall (also) be considered as harmful.

Adequate mechanical exhaust ventilation shall be supplied. Protective clothing or

respirators shall not be used as a substitute for ventilating of spaces.

All pipelines running into such enclosed space shall be disconnected, capped or blanked to prevent flow or drainage into the space. Closing valves located in the space shall not be satisfactory.

Oxygen, acetylene or other gas cylinders must not be taken into confined or

enclosed spaces. If person(s) must work in confined spaces with atmospheric deficiencies they shall wear adequate personal protective equipment and have a safety harness attached to a lifeline continuously held by an attendant who is assigned to no other duties. Fresh air shall be provided by means of mechanical ventilation.

Hot work creating ignition must not be carried out and explosion proof lighting only

shall be used, unless the atmosphere in these spaces has been proved to be non-flammable.

Except in an extreme emergency, no one shall enter an enclosed space having a

dangerous atmospheric condition liable to cause immediate harm if respiratory equipment is failing.

9.0 PROBLEM SOLVING PROCEDURE

It is the duty of the Project Manager / Construction Manager to provide a safe work place for all employees. Supervisory personnel are to be instructed to watch for and correct all unsafe conditions immediately. Construction sites are complex and items are easily overlooked. It is of utmost importance that all employees are on the lookout for unsafe conditions. If it is observed that a condition is unsafe, then following actions are to be taken:

1. If possible, correct the unsafe condition immediately. Many safety hazards, such

as a piece of missing guardrail, are easy to correct. 2. If it is not possible to take corrective action, then the matter be reported for the

safety hazard to Project Manager / Construction Manager for correction. 3. All company employees with any supervisory responsibility are to be instructed to take

corrective action, or contact someone who can, when a safety concern is raised. In the event corrective action is not begun in a reasonable length of time, the employee is requested to contact Project Manager / Construction Manager.



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Head-SHE appreciates the co-operation in reporting all safety problems. Our Goal: 100% Accident Free Job Performance Remember: If we all work together, we can all work safely.

(d) ART-III Safety Guidelines followed at Hazira Plant

1)

1.0 GENERAL:

This part defines the system / procedures to be followed before commencement and during execution of any construction activity in the Plant, required level of supervision and Reporting.

2.0 INTRODUCTION

It is the responsibility of the Contractor that before commencement of any activity / operations, following points are to be taken care to minimize the risk associated with it: -

Depending up on the nature of activity / operation, category of the job is identified

and accordingly permits are obtained from the concerned authorities. Ensure that the work area has been checked by the competent persons and

cleared for carrying out activities / operations. To inform all the concerned persons from operation/maintenance group about the

activity/ operation is to be taken up.

Required permits are to be kept on the site throughout the progress of work. 3.0 GENERAL TERMS/DEFINITIONS FOR VARIOUS WORKS UNDER WORK PERMIT SYSTEM

The following definitions apply to the terms used in this Plant for the various types of jobs / areas under work permit system:

3.1 Hot Work: is an activity, which may produce enough heat to ignite a flammable air hydrocarbon mixture or a flammable substance. e.g. Welding, Grinding, Burning, Cutting with gas, Naked flame, Vessel entry, Vehicle entry, Sand blasting,



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Chipping, Drilling, Camera flashing, I.C. Engine operation, Use of power tool (electric), Soldering, Excavation, Radiography, Blinding, Deblinding, Riveting, hot insulation, Hydro testing, Cable termination, NDT jobs, Use of lawn movers, Road cutting etc.

3.2 Cold Work: is an activity that does not produce sufficient heat to ignite a

flammable air hydrocarbon mixture or a flammable substance. e.g. Civil jobs, Painting, Concreting, Plastering, Brick work, Grass cutting, Work on roofs, laying of LDPE sheet, Cold insulations, Cable laying, House keeping etc.

3.3 Operating Areas: are the areas falling within the fenced area of process plant

extended up to 10 m outside the fencing. 3.4 White Areas: Areas falling outside the fenced area beyond 10m. 3.5 Based on the type of activity and the area in which activity is to be carried out, the

risk associated with the activity is estimated and based on this the level of supervision is decided. This supervision is defined as tire system. Following is the tire supervision philosophy.

Single (1) Tier System: Only Contractor�s supervisor.

Two (2) Tier System: Contractor�s supervisor + One Company�s representative (either from Operation/Maintenance/Construction/Civil)

Three (3) Tier System: Contractor�s supervisor+ Two Company�s representatives (One from Maint. /Const./Civil + One from Operation)

Four (4) Tier System: Contractor�s supervisor + Three Company�s representatives (One from Maint. /Const./Civil +One from Operation + One Consultant)

4.0 PROCEDURE FOR OBTAINING SAFETY WORK PERMITS 4.1 The safety work permit will normally be issued between 0830 Hrs and 0930 Hrs at

OSI�s (Overall Shift In-charge) office in Main Control Room Building, first floor. However, permit may be issued after the above time, from the Safety Officer at Training Centre building, depending on the necessity of the work.

The permit is valid between 0900 Hrs and 1800 Hrs. However, it may be extended in case of continuous job or in case of any urgency, but with the signature of OSI, Resident Safety Officer and Area- in- charge.

OSI will be involved only for initial issue of permits and for renewal of only critical jobs in operational area involving 3 Tier/4 Tier Job. However all the renewals shall be done by Asstt. Resident Engineer (Safety) and the register will be filled accordingly and kept in OSI room.



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Area-In-charges� clearance would be obtained first, before clearance from safety.

The work permit is to be renewed every day till the completion of the Job.

Permit should be carried always by the contractor / the party carrying out the job and shall be available at work site for any cross inspection by Safety Officer or any other competent person. The proper work permit format must be filled with all details and should carry the signature of the �Initiator� (ONGC Officer Coordinating the job).

As per OISD � 105, the question of deciding as to who should be the initiator of permit shall be based on the following philosophy:

i. The work may be planned to be taken up either departmentally or through a contractor. In either case, the work permit is to be initiated and signed by the Maintenance/Construction�s representative/ supervisor of the company. Where no such independent Supervisor exists e.g. in small installations, the owner/In-charge can also issue the permit to the Contractor�s supervisor directly and obtain his signature.

ii. An Initiating officer is the person under whom the contract exists, e.g. Mechanical/Electrical/Maintenance/Instrumentation/Construction/Civil etc. In areas where the contract is dealt directly by the Area- in- charge, the permit initiator will be the Area- in- charge himself. However, special case of pit cleaning, which is a total plant affair, individual area in charge shall initiate the permit.

iii. Hence, permit will be initiated accordingly by the Maintenance/Operation- in-charge depending on the case, as stated above. However, when Maintenances-in-charge raise the permit, it would be countersigned by the Area-in-charge also.

iv. For obtaining or renewal of permit, only Contractor�s Supervisor is required to go to

control room who should also be able to clarify, if any.

Separate permit shall be raised for hot and cold jobs.

After completing the job, the contractor should ensure the clearing of the work place and return the permit to the initiator. Thereafter, the work permits should be closed / liquidated and signed to that effect by the concerned In-charges before taking the equipment / system back on line. In case of road cutting, the road must be reclaimed to its original condition after the job.

All planned critical jobs should be brought to the notice of SEM Office in advance.

5.0 DEPLOYMENT OF FIREMEN



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Decision to deploy CISF firemen for standby duty for critical hot jobs depending on the area, will be taken jointly by Safety Officer and Area In charge before actual initiation of the job. In other less critical areas for comparatively less critical jobs, the above officers will also decide requirement of trained contractor�s firemen.

6.0 RECOMMENDATIONS ON WORK PERMIT SYSTEM & LEVEL OF

SUPERVISON REQUIRED 6.1 All civil jobs & painting jobs outside battery limit of any process plant will be

carried out under 1 T supervision only. 6.2 However, civil jobs & painting using non-sparking tools, within plant battery limit

will be carried out with 2T permit. 6.3 Opening of manhole comes under hot job permit. 6.4 Dropping of valve should come under 2T hot job because of C P System with

clearance from electrical section. 6.5 Sand blasting, Radiography, NDT jobs outside plant battery limit shall come under

1 T hot job with specified safety precautions, but within battery limit under 2 T hot job. Any NDT job from inside of the vessel should come under 3 T hot jobs.

6.6 All excavation jobs within the plant premises irrespective of whether it is, within or

outside operational area, must require clearance from E&T, Electrical and Instrumentation Sections (clearance from Engineering Section Department is required for underground gas pipelines) and can be carried out under 1 T hot job. Fire Department clearance required in addition to the above clearances for any road cuttings within or outside operational area and can be done under 1 T hot job.

6.7 All jobs of welding / cutting in operational area will come under 3 T hot job. Stand

by fireman CISF or trained fireman must be present. 6.8 Welding job to be carried out on other than H/C line at more than 20 M away

should be carried out under 2 T hot job supervision. 6.9 Vessel entry job requires 3T supervision and under hot jobs permit system. 6.10 No permit is required in the white area (i.e. outside operational area and extending

up to 10 M) for any job other than specified above, except when Safety Officer�s advice/involvement required specifically for any job.

6.11 Scaffolding job for any other purpose outside a vessel or an equipment within

operational area required under 2T cold job, but scaffolding inside any vessel will be taken under 3 T hot job.



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6.12 Any actual hot job in the battery limit of loading gantry (Rail and Road) will be under 3 T hot job permit, but such jobs outside battery limit will be done under 2 T supervision provided there is no wagon or road tanker is getting loaded.

6.13 Any actual hot job in Boiler house, IG Plant, Raw Water Pump House, Cooling Tower, Fire Water Pump House, Compressor House will come under 2 T hot job with specific signature of area In charge. But in WWTP, DM Water Plant and Spent Caustic Unit, it will come under 1 T hot job. However, hot jobs on or around any H/C line in the above areas shall come under 3 T permit.

6.14 No actual hot job is permitted during loading of any wagon or road tankers. 6.15 Maintenance of wind socks will come under 1 Tier cold job. 6.16 Permit is required under 1 tier hot job for hydraulic test of B. A. set cylinders and

portable fire extinguishers. 6.17 Hot insulation job will be done under 1 T hot job with specific clearance from area

in charge and cold insulation would be done under 1 T cold job. 6.18 Manual cleaning of Open Pit/sump will be coming under 2 T cold job. But any

confined pit entry will be taken under 2 T hot job. 6.19 Any pit or sump cleaning with de-watering diesel pump will be taken under 1 T hot

job provided the spark arrester fitted there is checked and cleared by Safety Officer.

6.20 Any I.C. Engine operation will come under 1 T hot job within operational area

provided the spark arrester fitted there is checked and cleared by Safety Officer. 6.21 House keeping within operation area should come under 1 T cold job but outside

operational area no permit is required. 6.22 Grass cutting within operation area shall be done under 1 T cold job, but outside

operational area no permit is required. 6.23 Bitumen heating is restricted only to outside operational area and same will be

carried out under 1 T hot job with specific clearance of Safety Officer for identifying the safe location.

6.24 Metal drilling within battery limit of any H/C Plant will come under 2 T hot job with

specific clearance of Area In charge. 6.25 Grinding/soldering jobs within battery limit comes under 2 T hot job with specific

clearance from Area In charge. 6.26 Camera flashing within operational area comes under 2 T hot job.



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6.27 Heating of any component with open flame within the battery limit will come under 2 T hot job with specific signature from area In charge.

6.28 Any hot job with domestic LPG cylinder, whether within or outside operation

area, is not allowed, but use of industrial LPG Cylinder with required safety fittings will be allowed only for heating/gas cutting purposes.

6.29 Plying of forklift and pick up van fitted with spark arrester within operational area

will be covered under IT hot job renewable every fortnight. Plying of above vehicles outside operational area does not require any permit.

6.30 No vehicle even with spark arrester is allowed through the road passing through

rail gantry, specifically when any wagon is getting filled. 6.31 At the time of issuing permit when the tier supervision is being decided, the name

of area in charge for the job location will also be mentioned on the permit. Any doubt may be sorted out mutually. Otherwise, the initiating officer will sign in place of area in charge.

6.32 Initial counter signature of Main area In charge will be required before starting any

job during turn around of any plant. Daily renewal can be done by any representative of the area In charge.

7.0 ACCIDENT/INCIDENT REPORTING SUSTEM 7.1 ACCIDENT: An undesired event that result in harm to people, damage to property

and/or loss to process and/or loss to environment. 7.2 MAJOR ACCIDENT

Accident causing fatality, disabling injury (48 hrs or more) requires major medical aid or extensive damage to structure equipment or material causing disruption in normal operation or loss of stability of installations or loss of process for more than 6 hours and/or environmental effect, which may attract media attention or prosecution.

7.3 MINOR ACCIDENT Accident causing a non-disabling injury (less than 48 hours) and which requires minor medical or first aid, or causes loss of structure, equipment or material which is non-disruptive in nature or loss of process up to 6 hours duration and/or causes environmental effect, which does not attract media attention and only limited to the plant boundary.

7.4 HIGH POTENTIAL (HI-PO) ACCIDENT A minor accident, which in slightly different circumstances would have

7.5 NEARMISS



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An undesired event that, under slightly different circumstances, could have resulted in personal harm, damage to property and/or loss to process and/or loss to environment. �All accidents and Near misses must be reported.

Criteria for defining a Near miss: Potential Human injury cases not needing First aid. Equipment damage of worth less than Rs. 10,000.00. Loss of product of 100 Litres.

Environmental effect for less than an hour within the unit area. 8.0 ACCIDENT INVESTIGATION

Investigation of accidents/incidents/Near misses involves the methodical examination of an undesired event that did or could result in physical harm to people, damage to property or loss to process or to environment. Investigation activities are directed toward defining the facts and circumstances related to the event, determining the causes and developing remedial actions to control the risks.

Note:

i. Only major and HI-PO accidents are to be investigated. ii. Near misses will be investigated on the merit of each case, but must be

recorded. (e) PART-IV

Annexure / format etc. MODIFIED SYSTEM FOR ACCIDENT / NEAR MISS REPORTING INVESTIGATION/FOLLOW-UP AND TREND ANALYSIS 1.0 INTRODUCTION

As per ISRS System, the accidents/Near misses have to be defined in clear cut quantifiable statements, so that no unnecessary reporting takes place, but at the same time the serious accidents and near misses are reported in a formal way and thorough investigation is done to unearth the basic causes, in order to prevent such happenings in future activities.

Accordingly, the existing accidents near miss Reporting System has been modified in consultation with the DNV experts and outlined below:

2.0 ACCIDENT/INCIDENT REPORTING SYSTEM 2.1 Accident:



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An undesired event that results in harm to people, damage to property and/or loss to process and/or loss to environment.

2.2 Major Accident:

Accident causing fatality, disabling injury( 48 hrs or more) , requires major medical aid or extensive damage to structure, equipment or material causing disruption in normal operation or loss of stability of installations or loss of process for more than 6 hours and/or environmental effect, which may attract media attention or prosecution.

2.3 Minor Accident:

Accident causing a non-disabling injury (less than 48 hours) and which requires minor medical or first aid, or causes loss of structure, equipment or material which is non-disruptive in nature or loss of process up to 6 hours duration and/or causes environmental effect, which does not attract media attention and only limited to the plant boundary.

2.4 High Potential (HI-PO) Accident : Minor Accidents and Nearmisses, which in slightly different circumstances would have resulted in a major accident. 2.5 Near miss

An undesired event that, under slightly different circumstances, could have resulted in personal harm, damage to property and/or loss to process and/or loss to environment. "All Accidents and Near misses must be reported".

2.6 Criteria for defining a Nearmiss

i. Potential Human injury cases not needing First-aid ii. Equipment damage of worth less than Rs. 10,000 /-, but more than Rs.5000/- iii. Loss of Product of 100 lts. iv. Environmental effect for less than an hour within the unit area

a) 3.0 Accident Investigation

Investigation of accidents/ Nearmisses involves the methodical examination of an undesired event that did or could result in physical harm to people, damage to property or loss to process or to environment. Investigation activities are directed toward defining the facts and circumstances related to the event, determining the causes and developing remedial actions to control the risks.



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Note: Only Major and HI-PO Accidents are to be investigated by a Committee and remaining Minor & Nearmisses will be investigated by respective Area In charges and reported in FORM-B to Head-SHE.

b) 4.0 RESPONSIBILITY

Following system for accident/incident reporting, investigation and follow up actions is to be adhered to:

STEP � 1

i. All accidents are to be reported by concerned Area I/C/Sectional Head within 24 hours of its happening to Head-SHE in FORM 21, which also will serve the purpose of Statutory Reporting to Inspectorate of Factories within 18 hours.

ii. All nearmisses are to be reported in ISRS accident reporting FORM-A. ACMO

will report any injury accident in First Aid Accident Report to Head-SHE separately.

STEP-2

Operation Manager will discuss the accident/incident in the next day morning meeting which will be recorded in the minutes by RE.

STEP - 3

i. GGM/GM/Operations manager/Head SHE will appoint accident investigation committees for all Major/HI-PO Accidents and Nearmisses (based on the merits of the case).

ii. The investigation committee shall be constituted from the approved list of

trained accident investigators.

iii. All Major/HI-PO accident investigation committee will be headed by a Senior management level executive and will include a SHE representative apart from other members.

iv. Intervention of any third party in the investigation process will be decided by

Head-Hazira Plant only. STEP � 4

The investigation committee will submit its report within 1 � 2 weeks in ISRS prescribed FORM-B.

STEP � 5



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On receipt of the investigation Report in the prescribed FORM-B, GGM/GMs/Operations Manager will approve the recommendations and send the same to Head-SHE.

STEP-6

Head � SHE will forward the approved recommendations to the concerned Area/Cs and others for implementation.

STEP-7

Concerned Area I/C and others will take suggested corrective actions and report back the status of implementation to Head-SHE monthly thereafter, with a copy to Operations Manager.

STEP-8

i. Head-SHE will follow up the implementation and report it monthly to GGM.

ii. Shri Kailash Chandra, CE (P) will keep records of accident reports. Investigation reports and follow � up of implementation of recommendations of Accident Enquiry Committees.

STEP � 9

Accidents of all types will be subjected to a thorough trend analysis every 5 years or earlier by Head-SHE and a �Lessons Learnt Database� will be developed and shared with all employees of the plant through Hazira Bulletin.

FORM NO. 21

GUJARAT FATORIES RULES 1963, PRESCRIBED UNDER RULE 103 Report of accident including, dangerous occurrence resulting in Death or bodily injury. ESCI Employer�s Code Number��.��

Registration Number��

Name and Address of Local ESIC Office��..

Licence Number (As given in the licence��

1 Name and address of factory :

2 Name, address and telephone number of the occupier:

3 Nature of Industry (As given in the licence): 4 Date, shift and hour of accident of dangerous occurrence :

5 Department section and exact place

Where the accident or dangerous occurrence tool place



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6 (A) Describe briefly how the accident or dangerous occurrence took place (B) Did it involve

explosion��..Fire�� Emission of toxic substance(s)��Substance(s) emitted��

7 Give the total number of persons injured/ killed Number of person injured

Number of persons killed

Inside the factory

*Outside the factory

Inside the factory

*Outside factory

Note : 1. *If the any accident/ dangerous occurrence, persons outside the factory premises

are injured or killed please furnish the information to the extend available. 2. Details regarding injury and persons injured / killed should be supplied in the

formal given in the annexure 8 Name and Address of

witness�� .

1

9 Cause of accident or Dangerous occurrence��..

2

I certify that to the best of my knowledge and belief the above particular are correct the every respect.

Article II.

Article III. Date Signature of Manager/Occupier

Name (in block letters) Address and telephone Number

( To be completed by the Inspector of Factories) 1. Date of receipt of the report : 2. District : 3. (a) Number allotted to accident involving injury and/ or fatality



229

(b) Number allotted to dangerous occurrence involving reporting injury or fatality

4. Date of investigation : 5. Classification of accident : (a) Cause-wise (Give code) : (b) Industry wise (Give *NIC-Code) :

(c) Dangerous operation-wise : (Give schedule number under ( section 87) (d) Hazardous process � wise : section 2(cb) (e) Occupation-wise � (NCO-Code : Number) 6. Result of investigation : 7. Remarks, if any : Signature of the Inspector Name(In block letters) Date : *National Industrial Classification (NIC) Annexure 3 Section 3.01 Particulars of persons injured, killed 1. Particulars of injured / killed person : (a) Name : (b) Age : (c) Sex :

(d) Serial Number in the register of adult workers :

(e) Address : (f) Precise occupation : (g) Nature of job :

2. Cause of injury explosion Fire



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Emission of toxic substance (Please specify) Others

3. Particulars of injury

(a) Fatal (time and date of death ) : (b) Non- fatal (if serious, give the : extent of injury such as loss of limb/sight & hearing, fracture, permanent impairment, server burns)

© State whether the injured person : was disabled for more than 48 hrs (d) Location of injury (i.e. part of body : such as right leg, left hand, left eye etc injured). 4. (a) State exactly what the injured : was doing at the time of accident or dangerous occurrence. (b) Does this work fall in the category of : hazardous / dangerous process of operations (please mark ( ) in the box Hazardous Process

Dangerous

Process /operation 5. (a) Hour at which the injured person started work in the day of accident or dangerous occurrence.

(b) Whether the wages in full or part are payable to him for the day of accident or dangerous occurrence.

6. In case the accident or dangerous occurrence took place while travelling in the

employer�s transport, state whether

(a) the injured person was :



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travelling as a passenger to and from his place of work (b) the injured person or implied : permission of his employer (d) The transport is being operated : by or on behalf of the employer or some other person by whom it is provided in pursuance of

arrangements made with the employer

7. In case the accident took place while : meeting emergencies, state

(a) its nature ; and : (b) Whether the injured person at the :

time of accident was employed for the purpose of his employer�s trade or business in or about the premises at which the accident took place

8 (a) Physicians, dispensary or hospital : from whom or in which injured person received or is receiving treatment. (b) Name of dispensary / panel doctor : Selected by the insured person. FORM `A'

a. MINOR ACCIDENT / NEARMISS REPORTING PLANT: ________________ DATE : ____________ TIME ________________ 1) TO ..................... (NAME AND DESIGN. OF AREA INCHARGE) 2) DESCRIPTION OF EVENT : 3) DESCRIPTION OF INJURY/PROPERTY DAMAGE (if Nearmiss describe the event) (NAME AND SIGN. OF REPORTING PERSON) CORRECTIVE ACTION TAKEN REMARKS: __ ______________ AREA INCHARGE FORWARDED TO : Head - SHE



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WITNESS NAME: - ______________________ DESIG. : - _______________________ FORM- �B�

Article IV. OIL AND NATURAL GAS CORPORATION LIMITED

Article V. (HAZIRA PLANT)

Article VI. ACCIDENT / INCIDENT INVESTIGATION REPORT I. WORKSITE INFORMATION NAME OF PLANT:

ACTUAL PLACE OF ACCIDENT

II. EVENT INFORMATION RELATED : YES / NO DATE :

TYPE OF CONTACT STRUCK

AGAINST STRUCK BY CAUGHT IN CAUGHT ON SLIP FALL ON SAME

LEVEL OVER

EXERTION OTHERS

(PLEASE SPECIFY)

CONTACT WITH ELECTRICITY HEAT COLD RADIATION NOISE CHEMICALS OTHERS (Pl. SPECIFY)

III. DAMAGE INFORMATION (Tick as appropriate) (refer Definition on the pageNo. 4)

TO LIFE TO PROPERTY TO ENVIRONMENT

MAJOR MAJOR MAJOR

MINOR # MINOR # MINOR #

NEARMISS * NEARMISS * NEARMISS *

* You must fill Sec. IV below # You must fill Sec. IV below

IV. HI-PO ACCIDENTS (Tick as appropriate) ( Applicable for Minor accidents & Nearmisses only) Do You think this Accident can be termed as HI-PO? Yes No (Refer definition in Page �4) V. PARTICULARS OF INJURY VI. DAMAGE TO PROPERTY Name : Cpf No.:

Designation : Age :

Equipment : Manufacturer :



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Time since start to shift : Activity at the time of injury : Part of body injured : Expected disability : Expected days lost: Medical Evaluation: Yes / No Medical Officer Name : Expected Severity : Major /

Minor /Nearmiss

Category : Type of damage : Damage of component : Condition : Expected Eqpt. Downtime : Expected cost of Repair/replacement : Expected Severity :

VII. DAMAGE TO ENVIRONMENT Type of Damage : Location of Damage : Condition : Expected remedial action cost : Expected severity :

Production Time Loss Production loss Loss of Revenue Loss of Product

VIII. LOSS TO PROCESS : : : :

EXPECTED TOTAL COST DUE TO ACCIDENT/INCIDENT : Note : Tick one or more Causes which might have been responsible directly or indirectly for the causation of Accident/Incident

X CAUSATION ANALYSIS

IMMEDIATE CAUSES

SUBSTANDARD ACTS Operating without authority Failure to warn Failure to secure Disabling/removing safety devices Using defective Equipment Using equipment improperly Failure to use PPE properly Improper Loading Operating at improper speed Improper placement Improper Position for Task Servicing Equipment in Operation Horse Play Under influence of alcohol/Drugs Others (Specify)

SUBSTANDARD CONDITIONS Inadequate guards or barriers Inadequate / Improper PPE Defective Tools, Equipments or materials Congestion or restricted action Inadequate warning system Fire or Explosion hazards Poor Housekeeping Slippery surface Noise Exposure Radiation exposure Extreme Pressure Exposure Inadequate or excessive Illumination Inadequate Ventilation Others (specify)

BASIC CAUSES

PERSONAL FACTORS Inadequate physical capability Inadequate psychological capability Lack of Knowledge Lack of skill Physical psychological success Mental

JOB FACTORS Inadequate Leadership/ supervision Inadequate engineering Inadequate purchasing Inadequate maintenance Inadequate tools and equipments Inadequate work standards



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Improper motivation Conflicting goals Other factors (Specify)

Wear and Tear Abuse or misuse Conflicting objectives Other factors (Specify)

TYPE OF LACK OF CONTROL

Leadership and Administration Planned Inspections and Maintenance Accident / Incident Investigations Emergency Preparedness Accident / Incident Analysis Personal Protective Equipment System Evaluation Personal Communications General Promotions Materials and Services Management Others (Please Specify)

Leadership Training Critical Task Analysis and Procedures Task Observations Rules and Work Permits Knowledge and Skill Training Health and Hygiene Control Engineering and Change Management Group Communications Hiring and Placement Off the Job Safety

IX. DESCRIPTION OF EVENT

X IMMEDIATE ACTION PLAN TAKEN TO PREVENT FURTHER DAMAGES AND MEASURES FOLLOWING INVESTIGATIONS

XI INVESTIGATING CONCLUSIONS & RECOMMENDATIONS : XII PRIORITIZATION OF RECOMMENDATIONS & ACTION PLAN FOR IMPLEMENTATION

LIST OF PRIORITY TARGET DATE PERSON I/C REMEDIAL ACTION

SIGNATURES OF INVESTIGATING TEAM MEMBERS 1. 2. 3. COPY TO:Area I/C Head � SHE,Operation ManagerGGM (P)

