tender no. sci/t&os/msvs/diving/subcon/2014 for...

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Tender No. SCI/T&OS/MSVS/DIVING/SUBCON/2014 for appointment of Diving Subcontractor for provision of Diving services/personnel/equipment maintenance onboard ONGC’s 2 Multi Support Vessels (MSVs) SAMUDRA SEVAK, SAMUDRA PRABHA and 1 Geotechnical Vessel (GTV) SAMUDRA SARVEKSHAK .

INVITATION TO BID (TWO BID SYSTEM)

1.0 The Shipping Corporation of India Ltd., India (SCI) is operating & managing (O&M) 2 Nos. Multi Support Vessels (MSVs) SAMUDRA SEVAK & SAMUDRA PRABHA and 1 Geotechnical Vessel (GTV) SAMUDRA SARVEKSHAK owned by Oil & Natural Gas Corporation Ltd. (ONGC), India since March, 2003. The existing contract between ONGC & SCI is valid upto 23.03.2014 for MSVs and till 31.03.2014 for GTV. ONGC is in the process of extending the O&M contract of the above vessels with SCI.

1.1 The MSVs SAMUDRA SEVAK & SAMUDRA PRABHA are engaged in diving operations

through out the year. Both vessels are DP-II compliant. 1.2 GTV SAMUDRA SARVEKSHAK is mainly engaged in Geotechnical operations. Though

the vessel is equipped for Air/Saturation Diving, the vessel has not been utilized by ONGC for diving so far. ONGC has decided that the diving system need not be maintained on a regular basis and the diving assistance would have to be provided on as and when required basis. The charges for these diving services would be those of Samudra Prabha. The vessel may be deployed for diving operations in future if ONGC at all desires it necessary. Only store keeper is required to be provided on a regular basis for Samudra Sarvekshak for this tender who will be on-board Samudra Sarvekshak. The cost of services required for Samudra Sarvekshak will be included in Samudra Prabha expenses. The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for evaluation purpose and for arriving at the annual contract value.

1.3 ONGC has recently floated a tender for BBCB of Samudra Prabha and Samudra Sevak.

As ONGC is floating such a tender for the first time and the contract duration is minimum 10 years, the award of the contract is still pending. SCI has not bid for this tender and so the O&M contract will be with SCI only till the handing over of these vessels to the new contractor.

1.4 The complete scope of work for MSVs consists of provision of Marine and Diving

personnel/services/equipments/maintenance onboard these vessels ( SCI/ONGC O&M contract workscope)

2.0 For undertaking the entire scope of work of Diving operations including provision of

regular as well as call out Diving personnel, equipments, Air & Saturation Diving, Diving base management, diving equipment maintenance for the above 2 vessels(third vessel if requested), SCI proposes to hire the services of a suitable and competent party as a Diving Subcontractor. .

2.1 The contract will be for a firm period of six months starting from 24.03.2014 with SCI’s

option to extend the contract for a further period of six months followed by eight extensions of 3 month each on the same rates, terms and conditions subject to extension of SCI’s contract with ONGC

3.0 Sealed tenders in duplicate in Two bid system viz. Technical bid and Priced bid are

invited from reputed Diving companies for hiring of Diving Services, Diving personnel, Diving equipment & their on board maintenance on ONGC owned MSVs ‘SAMUDRA SEVAK’ ‘SAMUDRA PRABHA’ . The detailed scope of work, eligibility qualification and experience criteria for Personnel is given in Annexure III for 2 MSVs..

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3.1 The required complements for regular as well as call out Diving personnel and call out equipments for the above vessels are as per Annexure III A, B & C for MSVs .

4.0 BRIEF TENDER PARTICULARS :

The brief details of Tender are as under: i Tender No SCI/T&OS/MSVS/DIVING/SUBCON/2014 ii Description of work Provision of Diving services/personnel/equipment maintenance

onboard ONGC’s 2 Multi Support Vessels (MSVs) SAMUDRA SEVAK, SAMUDRA PRABHA and 1 Geotechnical Vessel (GTV) SAMUDRA SARVEKSHAK

iii Scope of work As per Annexure III for MSVs iv Contract period The contract will be for a firm period of six months starting from

24.03.2014 with SCI’s option to extend the contract for a further period of six months followed by eight extensions of 3 month each on the same rates, terms and conditions subject to extension of SCI’s contract with ONGC

v Tender on Website Tender document will be available on SCI and NIC website w.e.f. 15.01.2014

vi Sale of Tender document

At SCI office from 1030 hrs. to 1700 hrs. w.e.f. 15.01.2014 to 3.02.2014 on working days. On 4.02.2014 it will be available till 1200 hrs only.

vii Bid submission date 4.02.2014 at 1500 hrs. viii Unpriced/Technical bid

opening date 4.02.2014 at 1600hrs

ix Bid bond/Bid Security INR 10 lakhs or US Dollars 16,400 /- x Validity of Bid bond 90 days from the date of opening of Technical bid xi Performance Bank

Guarantee 10 % of the annual contract value for Samudra Prabha and Samudra Sevak.(The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for arriving at the annual contract value)

xii Validity of PBG Up to 120 days from the expiry date of contract xiii Bid validity up to 90 days from the date of opening of Unpriced /Technical bid. xiv Correspondence

Address Senior Vice President (Offshore)/ Vice President (OS-C) T&OS Division, 5th floor The Shipping Corporation of India Ltd. Shipping House, 245 Madame Cama Road Mumbai 400 021, India. Tel.No. 91-22-2277 2168/2282 2041/2277 2174/2183 Fax no. 91-22-2283 3772

xv Bidder has to sign an Integrity pact as provided in the tender document, in original and should be submitted along with Technical bid. (appendix VIII)

xvi The following Independent External Monitor (IEM) is to be appointed for this tender Mr Samir Kumar Singh

Former MD, State Bank of Saurashtra E-mail: [email protected]

5.0 The draft of contract to be signed between SCI and the successful Bidder is enclosed as

Master Contract – ANNEXURE I (General Terms & Conditions), ANNEXURE II (Special Conditions of Contract) and ANNEXURE III (Technical Specifications & Scope of Work). This contract will be mostly on a back to back basis based on contract signed between ONGC and SCI. Separate contracts will be signed for Samudra Sevak and Samudra Prabha/Samudra Sarvekshak. The sub-contractors liability under this contract will be limited to the diving contract only and not related to marine manning.

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5.1 Offers of Bidders taking any exception/deviations to tender/contract terms and conditions will not be considered.

6.0 ELIGIBILITY/EXPERIENCE/QUALIFICATION CRITERIA FOR BIDDER : 6.1 Bidder should be in the core business of Diving/Subsea construction work and should

qualify for the tender independently in all respects. Bids should be submitted by independent parties without back-up. No Joint Venture, MOU agreements, collaboration or backup arrangements etc. are allowed for bidding this tender. However the experience of parent company and subsidiaries of the parent company will be acceptable.

6.2 Bidder should perform the diving operations independently, without subcontracting any of

the diving operations to any third parties/companies.

6.3 Bidder should have a minimum 2 years (730) days experience (as on date of opening of unpriced bid) of independently planning and carrying out underwater jobs stipulated in scope of work and duties expected from the vessel during the last 5 years involving both Air and Saturation diving. At least 365 days experience shall be inclusive of Saturation diving from DP diving support vessel. Experience of Mixed gas bounce diving , etc. will not be considered. Experience should be for planning and carrying out diving operations from DP-2 diving support vessel. Bidder should have divers on their pay roll who are experienced and qualified as per tender requirement.

6.4 Bidders should furnish experience details as per format attached at Appendix I alongwith

documentary evidence such as contract or work order copy/ vessel logs/ confirmation from Client Company for jobs like underwater inspection carried out/maintenance and repair carried out etc. as stipulated in the scope of work in support of their claimed experience. Details of experience and past performance of the bidder, on works/ jobs done of similar nature in the past and details of current work in hand and other contractual commitments, indicating areas and clients are to be submitted along with the techno-commercial bid, in support of the experience.

6.5 Note: It is clarified that 730 days experience refers to calendar days and concurrent

experience of more than one vessel at a time will be reckoned only once. e.g. if three DP vessels are simultaneously managed for 180 days, then it will be construed as 180 days experience only.

6.6 Bidder should be a member of The International Marine Contractors Association (IMCA). 6.7 Bidders whose MSV/DSV are on charter to ONGC are not permitted to bid in this tender. 6.8 Bidder should have an office set up with Project management and dedicated and

experienced support staff in Mumbai, for executing the contract. In case the bidder does not have the same, an undertaking should be submitted in the bid stating that the same will be done if and when award of contract is received by the bidder.

6.9 Bids conforming to above eligibility criteria only will be considered. Bidders currently barred

by Government of India and its agencies, ONGC, SCI will not be considered.

6.10 Personnel experience : The bidder should confirm that bidder will provide personnel of requisite experience and qualification throughout the period of contract as per Annexure III for MSVs .

7.0 Two bid system shall be followed for this system viz. Unpriced/Technical Bid and

Priced bid. The Unpriced/Technical bid and Priced Bid should be sealed in two separate sealed clothlined covers superscribing as under :

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7.1 Envelope No.1 : ‘UNPRICED/ TECHNICAL BID’, TENDER NO. SCI/T&OS/MSVS/DIVING/SUBCON/2014.

DUE DATE: 04.02.2014 Particulars of tender : One original (clearly marked ORIGINAL TECHNICAL/ UNPRICED) and one copy (marked TECHNICAL/UNPRICED) which shall be exclusive of any prices or rates plus 2 (two) Electronic copies in a CD/DVD, one signed copy in PDF format and other unsigned editable version (MSWord or Excel) should be enclosed .

7.2 The technical bid should consist of the following details 1. Duly filled Appendix I :Experience details format. 2. Duly filled Appendix II :Form of Particulars. 3. Duly filled Appendix III :Check List/Matrix. 4. Duly filled Appendix IV :Format for Bid bond/Bid security 5. Duly filled Appendix V :Format for Performance Bank Guarantee. 6. Duly filled Appendix VI :Format for Deed of Guarantee 7. Duly filled Appendix VII :Format for Agreement between Bidder and his parent

Company. 8. Duly filled Appendix VIII :Format of Integrity Pact 9. Duly signed price formats as given in ANNEXURE III – APPENDIX I A, B, C, D & E for

MSVs 10. Copy of Solvency certificate with amount blanked out, 11. Annual reports of the company for the last two years, 12. The bid documents are required to be serially numbered and duly signed by

authorized signatory of the company. 13. A letter of authority authorizing the concerned officer to sign the bid documents

should be submitted in the Technical bid. 14. The price format with prices duly blanked. 15. Entire tender document stamped and signed with authorized signatory. 16. Power of Attorney given to the concerned officer for signing of the tender documents

7.3 Envelope No. 2 : ‘PRICED BID’ TENDER NO. SCI/T&OS/MSVS/DIVING/SUBCON/2014 DUE DATE : 04.02.2014

Particulars of tender: One original (clearly marked ORIGINAL COMMERCIAL/PRICED) and one copy (marked COPY COMMERCIAL/PRICED) plus 2 (two) Electronic copies in a CD/DVD, one signed copy in pdf format and other unsigned editable version (MSWord or Excel) of the format as given in ANNEXURE III – APPENDIX I A,I B, I C, I D & I E for MSVs . The bid documents are required to be duly signed by authorized signatory of the company Priced bid should consists of original solvency certificate (to be kept in sealed cover), along with the duly filled price bids filled separately of each vessel.

7.4 Both the above sealed covers together should again be sealed in a cloth lined envelope and super scribed with Tender No. and due date. Bidders should take due care to submit bids in accordance with above requirement. Offers sent on fax/e-mail and/or contrary to the above requirements will not be accepted.

8.0 DISQUALIFICATION : The tender is liable to be disqualified if :

i) Tenderer not satisfying any of the conditions mentioned at 5.0, 6.0 ,7.0,10 and 19.0. ii) Tender not submitted in accordance with terms and conditions of the Tender form.

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iii) During validity of the quotation period or its extended period, if any, the tenderer increase his quoted prices.

iv) Received in incomplete form including rate schedule. v) Received after due date and time. vi) Information submitted in Technical offer is found to be incorrect or false at any time

either during the processing of the contract (no matter at what stage) or during the tenure of the contract including the extension period, if any.

vii) Multiple tenders being submitted by one party or if common interests are found in two or more tenderers, the parties are liable to be disqualified.

viii) While processing the tender documents, if it comes to the knowledge of Corporation that some of the tenderers have formed a cartel resulting in delay/holding up the processing of tender, the tenderers involved in cartel are liable to be disqualified for this tender as well as for a further period of two years.

ix) The tenderer is found to be financially unsound on the basis of the audited Balance Sheet/P&L A/c for last two years submitted with the tender.

x) Offers of Bidders taking any exception/deviations to tender/contract terms and conditions will not be considered.

9.0 BREAKDOWN/DOWNTIME/PENALTIES : Bidder is required to accept in toto the

relevant clauses of Breakdown/downtime/penalties as per Annexure II clause 9.22 for MSVs .

10.0 FINANCIAL CRITERIA : 10.1 Bidder should have minimum operational turnover of Indian Rupees Sixty Crores or

equivalent during last two financial years. To support this, bidder should submit a letter from a reputed international bank/nationalized Indian bank indicating their company’s credit worthiness/solvency of a value of 50% of the annual contract value for the performance of this contract concurrently in addition to present assignments. This solvency certificate in original is required to be submitted in Priced bid in sealed envelope. A copy of this certificate blanking the amount should be submitted in the Unpriced bid.

10.2 Bidder must submit audited financial statement duly certified by Chartered Accountant

/annual report of their company for the last two financial years. 10.3 Bid bond/Bid Security : Bidder is required to submit a bid bond, in the format as per

Appendix IV, or a Demand Draft valid for 90 days from the date of opening of the Technical bid, of Indian Rupees 10 lakhs only (Indian Rupees Ten lakhs only) or US Dollars 16,400 ( United States Dollars sixteen thousand four hundred only) to protect SCI against the risk of Bidder’s conduct which would warrant the bid bond security’s forfeiture in case :-

i) If the bid is withdrawn during the validity period or any extension thereof duly

agreed by the Bidder, or ii) If bid is varied/modified in a manner not acceptable to SCI during the validity

period or any extension of the validity duly agreed by the bidder, or

iii) If a bidder, having been notified of the acceptance of its bid, fails to furnish Performance Bank guarantee within 15 days of notification of such acceptance.

The bid bond of unsuccessful bidders will be returned on finalization of the bid. The bid security of successful bidder will be returned on receipt of Performance bank guarantee by SCI.

10.4 Bidder is required to submit a bid bond, in the format as per Appendix IV, or a Demand

Draft in the name of The Shipping Corporation of India Ltd., valid for 90 days from the date of opening of the Technical bid, of Indian Rupees 10 lakhs only (Indian Rupees

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Ten lakhs only) or US Dollars 16,400 ( United States Dollars sixteen thousand four hundred only) to protect SCI against the risk of Bidder’s conduct

10.5 SCI shall not be liable to pay any bank charges, commission or interest on the amount of bid bond/bid security.

10.7 Currency of bidding : Bidders are to quote day rates in Indian Rupees only and will

receive payment in Indian Rupees. 10.8 The successful bidder will be required to submit a Performance bank guarantee

(PBG), as per format enclosed at Appendix V, in favour of SCI towards performance of the contract for an amount of 10% of annual contract value for Samudra Prabha and Samudra Sevak. (The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for arriving at the annual contract value) within 15 days of receipt of award of contract by the successful bidder. The PBG should be valid for a period upto 120 days after the expiry of the contract.

11.0 Payments will be made to Subcontractor as under :

i) Subcontractor shall be paid as per schedule of rates for regular and call out personnel / equipment from the day of reporting on their designated crew change dates and at place viz. Nhava, Helibase, etc. or as requested by Owner / Contractor regardless of their actual arrival to offshore/ work site, as applicable and back. ii) During the helicopter cancellations and/ or any other reason attributable to Contractor /Owner, whenever a person is kept standby as per requirement of the Contractor/Owner, 50% of respective day rate will be paid for that period, without any Lodging/boarding, conveyance, or incidental expenses. iii) Trainees Maximum 4 Nos. on 2 vessels viz. on MSVS will be required. Subcontractor to ensure posting of such Trainees through out the contract period in order to avoid any shortages of required diving personnel. For Trainees, Lodging & boarding on board respective vessel and transportation from base to offshore and back will be provided by the Contractor. No day rates will be paid for Trainees. iv) Base Management : Subcontractor to provide for base management. Subcontractor should have an office set up with Project management and dedicated and experienced support staff in Mumbai, for executing the contract. Base management fee should consist of cost of Subcontractor’s Project office in Mumbai, with support staff such as Secretarial assistance, one Helper for both MSVs to carry papers/material from ONGC, SCI, Helibase, Nhava, Subcontractor’s office, etc. and co-ordinate on day to day basis, etc.. v) The day rates submitted by the bidder will be firm for the entire duration of the contract including all the extensions. The contract will be for a firm period of six months starting from 24.03.2014 with SCI’s option to extend the contract for a further period of six months followed by eight extensions of 3 month each on the same rates, terms and conditions subject to extension of SCI’s contract with ONGC. No interim increase/escalation in day rates will be allowed during the entire duration of the contract.

12.2 The bidders are required to quote separately in the prescribed price formats given in Annexure III A, B, C & D for MSVs vessel wise.

12.3 The priced bid would be evaluated taking into account annual contract value for 2

vessels together. The contract for both vessels would be awarded to one party only.

13.0 MOBILIZATION :

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13.1 The contract will be commencing w.e.f. 24.03.2014, the successful Bidder, if new, should mobilize the key personnel of his diving team/key equipments, as required, 3 days prior actual commencement of contract viz. latest by 20.03.2014 to get accustomed to the vessel & equipments, and balance Diving team/equipments should be mobilized by 24.03.14, as the case may be, as per ANNEXURE III-A, B & C for MSVs. Notification of Award of Contract shall be issued to the successful bidder well in advance. The key categories of diving personnel and equipment required to be mobilized by 20.03.2014 as the case may be, will be intimated to the successful bidder in Notification of Award of contract. In case the existing contractor himself will be successful bidder, then the actual commencement of contract will be w.e.f. 24.03.2014 as the case may be and he will continue to work as Diving subcontractor w.e.f. 24.03.2014 as the case may be, for the new contract duration.

13.2 No Mob and Demob charges shall be paid by SCI to the successful bidder. 14.0 The responsibility of Diving Sub-contractor in general would be to provide total

planning and management of underwater diving operations to be carried out from the vessel including job specific techniques, man management and equipment maintenance & management and to provide duly qualified and experienced diving crew (indicated in ANNEXURE III A, B & C for MSVs, on the ship for carrying out diving operations on round the clock basis to perform duties expected from the vessel in accordance with internationally recognized safe diving practices equivalent to IMCA Code including compliance to Owner’s Code of practice for diving operations. NOTE: The bidders have to conform to all the requirements mentioned above and terms and conditions of Master Contract – ANNEXURE I, ANNEXURE II and ANNEXURE-III in toto and no exceptions/deviations to be taken to the contract/agreement clauses.

15.0 PURCHASE OF TENDER DOCUMENT :

The tender document can be purchased by paying the non-refundable tender fee of Rs 5000/- for Indian bidders and US$ 100/- for foreign bidders, by demand draft drawn in favour of The Shipping Corporation of India Ltd., from the SCI office at following address : Vice President (OS-C) The Shipping Corporation of India Ltd. Technical & Offshore Services Division 5th floor, Shipping House ,245 Madame Cama Road Mumbai 400 021, India. Tel.No. Vice President (OS-C) -2277 2174 /2183 Secretariat of Sr. Vice President (Offshore) 2277 2169

15.3 The original tender document along with original forwarding letter issued

to the Bidder by SCI is required to be signed by Bidder on each page and submitted along with their Technical/Unpriced bid.

15.4 The tender document will be available on SCI/NIC website w.e.f. 15.01.2014 and will be

on sale at our above mentioned office in Mumbai w.e.f. 15.01.2014 up to 03.02.2014, on working days between office working hours 1030 to 1700 hrs. (IST).on 04.02.2014 tender will be available till 1200 hrs.

16.0 DATE & TIME OF SUBMISSION OF BIDS 16.1 The closing date and time of the tender will be 04.02.2014 at 1500 hrs. and the date

and time of opening of Unpriced/Technical bid will be 1600 hrs. on 04.02.2014(IST) at SCI office in Mumbai, Technical & Offshore Services Division, 5th floor, Shipping House.

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16.2 Prospective bidders should note that sufficient time has been allowed for

submission of bid and therefore, no request for extension of due date for closing/opening of tender will be considered under any circumstances. It will be in the interest of the bidders to submit their bid complete in all respects as per provision of the tender document within the stipulated time.

17.0 OPENING OF BIDS : 17.1 The Technical bids will be opened in the presence of accredited representatives of

bidders. The Bidder’s representative should bring along an authority letter for submission of bid and for attending the opening of Technical bid on their behalf.

17.2 The date of opening of Priced bid of technically qualified bidders will be intimated

in due course. 18.0 EVALUATION OF BIDS : 18.1 The tender will be evaluated first on the basis of the information furnished in Technical

Bid of the tender. On the basis of such technical information, the Corporation will assess the capability of the tenderer to undertake the contract and if found unsuitable/incompetent shall reject the tender of such bidder/s, in which case the “Price bid’ of these bidder/s will not be opened. Decision of the Corporation in this regard shall be final and binding. Please note that all the information required in the ‘Form of Particulars’ should be properly filled in and all documents of the Technical bid must be submitted.

18.2 Once a tender is accepted on technical grounds then selection among such technically

qualified tenderers would normally be done only on the basis of prices quoted. However, SCI does not bind itself to accepting the lowest Offer or any Tender and reserves the right of shortlisting or accepting or rejecting all the Offers or asking for a revised Offer or offer the contract to any Tenderer other than the lowest Tenderer, all entirely at the SCI’s sole discretion without assigning any reason.

18.3 Security clause : While evaluating tenders regard would be paid to national defence

and security consideration. The Subcontractor will be responsible to the Corporation (SCI) for ensuring that men, material and stores being placed by them on board the ships do not pose a threat to safety and security of ships owned, managed, leased or chartered by SCI.

19.0 UNSOLICITED COMMUNICATION

“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 SVP(OS)/VP(OS-C). However, if such representation is found by the SVP(OS)/VP(OS-C). 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.

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20.0 CONTENTS OF TENDER DOCUMENT : COMMON TO BOTH MSVS & GTV

Appendix I : Experience details format. Appendix II : Form of Particulars. Appendix III : Check List/Matrix. Appendix IV : Format for Bid bond/Bid security Appendix V : Format for Performance Bank Guarantee. Appendix VI : Format for Deed of Guarantee Appendix VII : Format for Agreement between Bidder and his

parent Company. Appendix VIII : Format of Integrity Pact

Master Contract For MSVs SAMUDRA SEVAK & SAMUDRA PRABHA ANNEXURE I : General Terms and Conditions of Contract ANNEXURE II : Special Conditions of Contract ANNEXURE-III : Technical Specifications, Scope of work,

Personnel qualification & experience. ANNEXURE III A : Regular Diving Crew ANNEXURE III B : Call out diving crew ANNEXURE III C : Call out equipments. APPENDIX I A : Price format for Regular Diving crew APPENDIX I B : Price format for Call out personnel APPENDIX I C : Price format for Call out equipments APPENDIX I D (i) : Price format for Base Management fee for S. Sevak APPENDIX I D (ii) : Price format for Base Management fee for S. Prabha. APPENDIX I E (i) : Price format for Saturation bonus for S. Sevak APPENDIX I E (ii) : Price format for Saturation bonus for S. Prabha

Tender document will will be on sale at our above mentioned office in Mumbai w.e.f. 15.01.2014 up to 03.02.2014, on working days between office working hours 1030 to 1700 hrs. (IST). On 04.02.2014 tender will be available till 1200 hrs. Interested parties may send their most competitive bid/offer in a sealed cover by post/courier/in person, as detailed above, to above address so as to reach our office latest by 1500 hrs.on 04.02.2014

Senior Vice President(OS)/Vice President (OS-C) The Shipping Corporation of India Ltd. Technical & Offshore Services Division 5th floor, Shipping House 245 Madame Cama Road Mumbai 400 021, India. Tel.No. Vice President (OS-C) -2277 2174 /2183

Secretariat of Sr. Vice President (Offshore) 2277 2169 [email protected] or [email protected]

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Appendix I

EXPERIENCE DETAILS

Tender No. SCI/T&OS/MSVS/DIVING/SUBCON/2014 for appointment of Diving Subcontractor for provision of Diving services/personnel/equipment maintenance onboard ONGC’s 2 Multi Support Vessels (MSVs) SAMUDRA SEVAK, SAMUDRA PRABHA and 1 Geotechnical Vessel (GTV) SAMUDRA SARVEKSHAK

Bidders/ Bidders back-up’s past experience format (Diving)

Sr.No

Name of the Oil field

Name and address of Client

Name of the vessels and vessel owners, Class notation covering DP-2 and diving

Period dd/mm/yy

No of Hours

Saturation diving: YES/ NO

Contractor’s scope of work

Whether job independently done by the Contractor YES/NO

Documentary proof attached ( Contract copy /work order and 1st day and last day vessel log clearly indicating bidder involvement)

From To Total experience (hrs) Total Saturation diving experience(hrs)

Signature of the bidder:

________________________

Name :_________________________

Seal of the Company

Note: It is clarified that 730 days experience refers to calendar days and concurrent experience of more than one vessel at a time will be reckoned only once. e.g. if three DP vessels are simultaneously managed for 180 days, then it will be construed as 180 days experience only

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Appendix II

FORM OF PARTICULARS

Tender No. SCI/T&OS/MSVS/DIVING/SUBCON/2014 for appointment of Diving Subcontractor for provision of Diving services/personnel/equipment maintenance onboard ONGC’s 2 Multi Support Vessels (MSVs) SAMUDRA SEVAK, SAMUDRA PRABHA and 1 Geotechnical Vessel (GTV) SAMUDRA SARVEKSHAK

1.0 Name of the Company and full Postal address : 1.1 E-mail address 1.2 Telephone No. (Office) (Residence) (Mobile) 1.3 Fax No. 2.0 Nature of Company (Please provide a copy

Organisation chart, copy of audited Balance Sheet and P&L A/c of last 2 years:

2.1 Year of formation of company 3.0 Name of Parent Company 4.0 Name of the Senior Executives/Officials of Company 5.0 Name of contact person of the subject project 6.0 Names of clients of the company 7.0 Average annual turnover 8.0 Particulars of Bid bond/Bid Security 9.0 Whether any employees of your company has any

relatives employed in SCI & ONGC. If yes, give details. 10.0 Whether any of your employees had been working in SCI/ONGC earlier ? If yes, give details. 11.0 Whether your company has been disqualified/blacklisted/barred by SCI /ONGC at any time in the past. If yes, give details. 12.0 Is your Company currently barred by any Government agency,ONGC, SCI? Place: Date: Signature of Authorised Signatory.

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Appendix III

CHECK LIST/MATRIX The tenderers are advised to ensure that following check list is duly filled in and the points have been complied in their offer, failing which, the offer is liable to be rejected : Sr.No. Description Bidder’s

compliance

Refer the page no. & documentary evidence enclosed, if applicable.

1. Vital criteria for acceptance of bids : The bidders have to conform to all the requirements mentioned in the tender document and terms and conditions of Master Contract, Annexure I, Annexure II and Annexure III in toto and no exceptions/deviations to be taken to the contract/agreement clauses. Bids of only those parties who are accepting the tender requirements and terms and conditions of Master Contract, Annexure I, Annexure II and Annexure III in toto, and confirm the same, will be considered for evaluation.

Accepted/Not accepted.

1 A Bid validity is for 90 days from the technical bid opening date

Yes/No

2. Bidders to provide total scope of work as per Annexure III for MSVs .


3. Bidder will provide the required complements for regular as well as call out Diving personnel and call out equipments for the above vessels as per Annexure III-A, B & C


4. Experience Details attached in format as Appendix I. Yes/No. 5. Bid bond/bid security submitted as per requirement. Yes/No. 6. Bidder must submit audited financial statement duly

certified by Chartered Accountant /annual report of their company for the last two financial years.

Yes/No.

7. Solvency certificate in original submitted in Priced Bid (in sealed cover) and a copy with amount blanked out in Technical bid.

Yes/No.

8. Bid documents are serially numbered and duly signed on each page by authorized signatory.

Yes/No.

9. Bidder should have a minimum 2 years (730) days experience (as on date of opening of unpriced bid) of independently planning and carrying out underwater jobs stipulated in scope of work and duties expected from the vessel during the last 5 years involving both Air and Saturation diving. At least 365 days experience shall be inclusive of Saturation diving from DP diving support vessel. Experience of Mixed gas bounce diving , etc. will not be considered. Experience should be for planning and carrying out diving operations from DP-2

Yes/No.

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diving support vessel. 10. Bidder should have an established office set up with

Project management and dedicated and experienced support staff in Mumbai, for executing the contract.


11. Bidder is required to accept in toto the relevant clauses of Breakdown/ downtime/penalties as per Annexure II for MSVs .


12. Bidder should have minimum operational turnover of Indian Rupees 60/- Crores or equivalent US Dollars during last two financial years.

Yes/No.

13. Bidder is required to submit a bid bond/bid security, as per format enclosed at Appendix IV valid for 90 days from the date of opening of Technical bid, of Indian Rupees 10 lakhs only (Indian Rupees Ten lakhs only) or US Dollars 16,400 ( United States Dollars sixteen thousand four hundred only) to protect SCI against the risk of Bidder’s conduct which would warrant the bid bond security’s forfeiture.


14. The successful bidder will be required to submit a Performance bank guarantee (PBG), as per format enclosed at AppendixV, in favour of SCI towards performance of the contract for an amount of 10% of annual contract value for Samudra Prabha and Samudra Sevak.(The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for arriving at the annual contract value) within 15 days of receipt of award of contract by the successful bidder. The PBG should be valid for a period upto 120 days after the expiry of the contract.


15. The contract will be for a firm period of six months starting from 24.03.2014 with SCI’s option to extend the contract for a further period of six months followed by eight extensions of 3 month each on the same rates, terms and conditions subject to extension of SCI’s contract with ONGC


16. The bidders are required to quote separately in the prescribed price formats given in ANNEXURE III – APPENDIX I-A,B,C,D & E for Samudra Prabha and Samudra Sevak ( store keeper for Samudra Sarvekshak to be included in Samudra Prabha)


17. Bidders are to quote all day rates in Indian Rupees only and will be paid in Indian Rupees only.


18. The priced bid would be evaluated taking into account annual contract value for all the 2 vessels together. The contract for all the 2 vessels would be awarded to one party only. The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for evaluation purpose and for arriving at the annual contract value.

Accepted/Not accepted

19. The contract will be commencing w.e.f. 24.03.2014. The successful Bidder, if new, should

Accepted/Not

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mobilize the key personnel of his diving team/key equipments, as required, 3 days prior actual commencement of contract viz. latest by 20.03.2014 in case contract will be commencing from 24.03.2014, to get accustomed to the vessel & equipments, and balance Diving team/equipments should be mobilized by 24.03.2014, as the case may be.

accepted.

20. No Mob and Demob charges shall be paid by SCI to the successful bidder.


21. The responsibility of Diving Sub-contractor in general would be to provide total planning and management of underwater diving operations to be carried out from the vessel including job specific techniques, man management and equipment management and to provide duly qualified and experienced diving crew (indicated in Annexure III A for MSVs .), on the ship for carrying out diving operations on round the clock basis to perform duties expected from the vessel in accordance with internationally recognized safe diving practices (IMCA Code) including compliance to Owner’s Code of practice for diving operations.


22 The tender document purchased by paying the non-refundable tender fee of Rs.5,000/- by Indian bidder or US$100 by foreign bidder.

Yes/no

23 Bidder is an IMCA member Yes/no 24 Bidder is independently bidding without any joint

venture, MOU, Collaboration or back-up arrangement Accepted/Not accepted

25 Bidder is in the core business of diving/ subsea construction work

Yes/no

26 Bidders MSV/DSV are on charter to ONGC Yes/no 27 Integrity Pact Duly filled and Signed Accepted/

Not accepted

28 Company has been barred by Government of India, its agencies,SCI, ONGC at any time

Yes/no

29 The Company is currently barred by Government of India, its agencies, ONGC, SCI

Yes/no

Signature of Authorised signatory Seal of the Company

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APPENDIX IV

FORMAT FOR BID BOND/BID SECURITY To : The Shipping Corporation of India Ltd. ------------------------- Sir, WHEREAS _________________________ a company within the meaning of the Companies Act, 1956, a Partnership firm having its registered office at ______________ (hereinafter called “the Bidder”) have in response to your Tender Notice No.--------------- dated _____________ offered to execute the work as contained in Bidder’s letter No._____________ dated _______________. AND WHEREAS the Bidder is required to furnish to you a Bank Guarantee for the sum of Rs./US$________________________ as Bid Bond/Bid Security against the Bidder’s offer as aforesaid; AND WHEREAS WE (the bank)_____________________ have, at the request of the Bidder, agreed to give you this guarantee as hereinabove contained; NOW THEREFORE in consideration of the premises, WE, the undersigned, hereby covenant that the aforesaid tender of the bidder shall remain open for acceptance by you during the period of validity as mentioned in the tender or any extension thereof and if the Bidder shall for any reason back out, whether expressly or impliedly, from his said bid during the period of its validity or any extension thereof, WE hereby guarantee to you the payment of the sum of Rs./US$ ______________ on demand, notwithstanding the existence of any dispute between you or your authorized representative and the bidder in this regard AND WE hereby further agree as follows:

(a) That you may without affecting this guarantee grant time or other indulgence to or negotiate further with Bidder in regard to the conditions contained in the said tender and thereby modify these conditions or add thereto any further conditions as may be mutually agreed upon between you and the Bidder.

(b) That the guarantee hereinabove contained shall not be affected by any change in the

constitution of our Bank or in the constitution of the Bidder.

(c) That any account settled between you and the Bidder shall be conclusive evidence against us of the amount due hereunder and shall not be questioned by us.

(d) That this guarantee commences from the date of opening of Technical bid and shall

remain in force till the Bidder, if his bid is accepted by you, furnishes the security as required under the said specifications and executes a formal agreement as therein provided or till 90 days from the date of opening of technical bid, as the case may be, of the bid, whichever of these is earlier.

(e) That the expressions “the Bidder” and “the Bank” herein used shall, unless such an

interpretation is repugnant to the subject or context, include their respective successors and assigns.

Yours faithfully,

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Appendix V Draft of Performance Bank Guarantee Ref. No. Bank Guarantee No._______________ Dated: THIS DEED OF GUARNATEE made on the _________ day of______________ 2014 BY________ (hereinafter called “the Bank”) of the ONE PART, in favour of The Shipping Corporation of India Ltd. Shipping House, 245 Madame Cama Road, Mumbai 400 021, India (hereinafter called “the Contractor”) of the OTHER PART; WHEREAS by an Agreement No. _____________ dated ________ made between ___________ carrying on business in partnership/joint venture company etc. under the firm/co. name of ______________ at _________ (hereinafter called “the Subcontractor”) and the said The Shipping Corporation of India Limited (“the Contractor”), the Subcontractor has undertaken execution of all work contained in the agreement hereinbefore referred (hereinafter called “the said contract”); AND WHEREAS in accordance with clause _________ of the said contract the Subcontractor is desirous of furnishing a Bank Guarantee in the sum of Rs._______________ towards performance of the contract valid upto 120 days beyond the date of completion of the contract. AND WHEREAS The Shipping Corporation of India Limited had agreed to accept a guarantee from the said Bank on express condition that the Bank shall unconditionally and on demand from The Shipping Corporation of India Limited and without demur pay to The Shipping Corporation of India Limited the aforesaid sum of Rs.______________. AND WHEREAS at the request of the Subcontractor the Bank has agreed to give its guarantee as hereinafter contained; NOW THIS DEED WITNESSETH as follows: 1. In consideration of the premises the Bank hereby undertakes to pay to The Shipping Corporation of India Limited on demand and without protest the sum of Rs.______________. 2. The Bank shall pay to The Shipping Corporation of India Limited on demand the sum under clause 1 above without demur and without requiring The Shipping Corporation of India Limited to invoke any legal remedy that may be available to it, it being understood and agreed FIRSTLY that The Shipping Corporation of India Limited be the sole judge of and as to whether the Subcontractor has committed breach or breaches, if any, of the terms and conditions of the said contract and the extent of loss, damages, costs, charges and expenses caused to or suffered by or that may be cause to or suffered by The Shipping Corporation of India Limited from time to time and its demand in that regard shall be final and binding on the Bank AND SECONDLY that the right of The Shipping Corporation of India Limited to recover from the Bank any amount under this guarantee shall not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the Subcontractor with regard to their liability or that proceedings are pending before any Tribunal, arbitrator(s) or court with regard thereto or in connection therewith AND THIRDLY that the Bank shall immediately pay the sum under clause 1 above to The Shipping Corporation of India Limited on demand and it shall not be open to the Bank to know the reasons of or to investigate or to go into the merits of the demand or to question or to challenge the demand or to know any facts affecting the demand AND LASTLY that it shall not be open to the Bank to require proof of the liability of the Subcontractor to pay the amount, before paying the sum demanded under clause 1 above.

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3. The guarantee shall come into force immediately and continue in force and remain valid till 120 days after the completion of all works under the said contract, which according to the terms of the said contract, should be 120 days from the probable date of completion viz., the day ______ of ________. If, however, the period of the completion of the works under the said contract is for any reason extended and upon such extension if the Subcontractor fails, before the term of this guarantee expires, to furnish a fresh or renewed guarantee for the extended period, the Bank shall pay to The Shipping Corporation of India Limited the said sum of Rs.___________________________________ or such lesser sum The Shipping Corporation of India Limited may demand. 4. This Guarantee shall not be affected by any change in the constitution of the Bank or of the Subcontractor. 5. The Shipping Corporation of India Limited and the Subcontractor will be at liberty to carry out any modifications to the said contract during the term of the said contract and any extension thereof, and notice of such modifications and extensions to the Bank is hereby waived by the Bank and will not affect in any manner liability of the Bank to pay to The Shipping Corporation of India Limited under this Deed of Guarantee. 6. Notwithstanding anything hereinbefore contained, the liability of the Bank under this Guarantee is restricted to Rs. ______________ (Rs.------------- only) and the Guarantee shall remain in force till the _________ day of ___________ 2015 unless claim or demand under this Guarantee is presented to the Bank within six months from the date of completion of the _____________ and thereto the Bank shall be released and discharged from all obligations hereunder. IN WITNESS WHEREOF (Signature) Full name, designation and official address (in legible letters) with Bank Witness No. 1 ___________________ (Signature) ______________________ Full name and official address stamp (In legible letters) Witness No. 2 _________________________ (Signature) Full name and official address (In legible letters)

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Appendix VI

FORMAT FOR DEED OF GUARANTEE PARENT COMPANY GUARANTEE

THIS DEED OF GUARANTEE executed at ……….. this …….. day of ……… by M/s …………………… (mention complete 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 The Shipping Corporation of India Ltd., a company duly registered under the Companies Act 1956, having its Registered Office at Shipping House, 245 Madam Cama Road, Mumbai 400 021, India and having its Technical & Offshore Services Division at 5th floor, Shipping House, 245 Madam Cama Road, Mumbai 400 021, India hereinafter called “the SCI” which expression shall unless excluded by or repugnant to the context thereof, be deemed to include its successor and assigns, invited tender number ………………… 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 SCI, submitted their bid number …………………… to the SCI with one of the 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 SCI 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. 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. Accordingly, at the request of the Company and in consideration of and as a requirement for the SCI to enter into agreement(s) with the Company, the Guarantor hereby 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 SCI, take up the job without any demur or objection, in continuation and without loss of time and without any cost to the SCI and duly perform the obligations of the Company to the satisfaction of the SCI. In case the Guarantor also fails to discharge its obligations herein and complete the job satisfactorily, the SCI shall have absolute rights for effecting the execution of the job from any other person at the risks and costs of the Guarantor. The Guarantor also undertakes to make good any loss that may be caused to the Corporation for non-performance or unsatisfactory performance by the Guarantor or the Company of any of their obligations.

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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 SCI. 4. The liability of the Guarantor, under this Guarantee, is limited to the value of the contract entered between the Company and the SCI i.e. up to ………and in no event shall the Guarantor’s liability hereunder, either in its capacity of Guarantor or as a Contractor should it perform the contract in the event of the Company’s non-performance as per point 1 hereinabove, exceed that of the Company under the mutually agreed contract awarded to the Company. 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 all 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 Guarantor 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 any judgement. For & on behalf of (Parent Company) M/s __________________________ Witness : 1.______________________ 2. _____________________*strike out, if not applicable.

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Appendix VII

FORMAT OF AGREEMENT BETWEEN BIDDER AND THEIR PARENT COMPANY) (TO BE MADE ON STAMP PAPER OF REQUISITE VALUE AND NOTORISED)

This agreement made this ___ day of ____ month ____ year by and between M/s. _______________ (Bidder’s particular) ___________ hereinafter referred to as bidder of the first part and M/s. ______ (Parent Company’s particulars) hereinafter referred to as “Parent Company” on the other part, wereas M/s. The Shipping Corporation of India Ld. (hereinafter referred to as SCI) has invited offers vide their tender No. _____________ for _________________ and whereas M/s. ___________ (Bidder) intends to bid against the said tender and desires to have a financial and technical support of M/s. ________________(Parent Company) and whereas Parent Company represents that they have one through and understood the requirements of subject tender and are capable and committed to provide the services as required by the bidder for successful execution of the contract, if awarded to the bidder. Now, it is hereby agreed to by and between the parties as follows: 1. M/s.____________(Bidder) will submit an offer to SCI for the full scope of work as envisaged in the tender document as a main bidder and liaise with SCI directly for any clarifications etc. in this context. 2. M/s. _________(Parent Company) as a sub-contractor undertakes to provide financial, technical support and expertise, expert manpower and procurement assistance and project management to support the bidder to discharge its obligations as per the Scope of work of the tender / Contract for which offer has been made by the Parent Company and accepted by the bidder. However, as a minimum, following services will be necessarily covered by the Parent Company:

3. This agreement will remain valid till validity of bidder’s offer to SCI including extension if any and till satisfactory performance of the contract in the event the contract is awarded by SCI to the bidder 4. It is further agreed that for the performance of work during contract period bidder and Parent Company shall be jointly and severely responsible to SCI for satisfactory execution of the contract and liability, if any, arising out of non-execution of any of the obligations under the contract by the bidder. 5. However, the bidder shall have the overall responsibility of satisfactory execution of the contract awarded by SCI. In witness whereof the parties hereto have executed this agreement on the date mentioned above. For and on behalf of For and on behalf of (Bidder) (Parent Company) M/s.__________________________ M/s.__________________________ Witness: 1)__________________________ 1)__________________________ 2) __________________________ 2) __________________________

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Appendix VIII

(INTEGRITY PACT DOCUMENT) (TO BE EXECUTED IN PLAIN PAPER AND APPLICABLE FOR

ALL TENDERS VALUING ABOVE RUPEES ONE CRORE)

INTEGRITY PACT Between

The Shipping Corporation of India Limited (SCI) hereinafter referred to as “The Principal”, and

_________________________________ hereinafter referred to as “The Bidder/Contractor”.

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for _____________________________________. The Principal values full compliance with all relevant laws and regulations, and the principles of economical use of resources, and of fairness and transparency in its relations with its Bidder(s) and Contractor(s). In order to achieve these goals, the Principal cooperates with renowned international Non-Governmental Organization “Transparency International” (TI). Following TI’s national and international experience, the Principal will appoint an External Independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

(1). The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:

i. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

ii. The Principal will, during the tender process treat all Bidders with equity and reason. The

Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential/additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

iii. The Principal will exclude from the process all known prejudiced persons.

(2). If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

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Section 2 – Commitments of the Bidder/Contractor (1). The Bidder / Contractor commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

a) The Bidder / Contractor will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage during the tender process or during the execution of the contract.

b) The Bidder / Contractor will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

c) The Bidder / Contractor will not commit any offence under the relevant Anti-corruption

Laws of India; further the Bidder / Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d) The Bidder / Contractor will, when presenting his bid, disclose any and all payments he

has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2). The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award has committed a serious transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.

i) If the Bidder / Contractor has committed a transgression through a violation of Section- 2 such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgression, the position of the transgressors within the company hierarchy of the Bidder and the amount of damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

ii) The Bidder accepts and undertakes to respect and uphold the Principal’s absolute

right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

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iii) If the Bidder / Contractor can prove that he has restored/recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

iv) A transgression is considered to have occurred if in light of available evidence no

reasonable doubt is possible.

Section 4 – Compensation for Damages

1. If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to 3% of the value of the offer or the amount equivalent to Earnest Money Deposit / Bid Security, whichever is higher. 2. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to 5% of the contract value or the amount equivalent to Security Deposit / Performance Bank Guarantee, whichever is higher. 3. The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage that the amount of liquidated damages, the Bidder / Contractor shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 – Previous Transgression

1. The Bidders declares that no previous transgressions occurred in the last three years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. 2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 – Equal treatment of all Bidders / Contractors

1. The Bidder / Contractor undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing. 2. The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors. 3. The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.

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Section 7 – Criminal charges against violating Bidders / Contractors If the Principal obtains knowledge of conduct of a Bidder, Contractor or of an employee or a representative or an associate of a Bidder, Contractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 – External Independent Monitor/ Monitors (three in number depending on the size of the contract)

(to be decided by the Chairman of the Principal)

1. The Principal appoints competent and credible External Independent Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. 2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairman of the Board of the Principal. 3. The Contractor accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor with confidentiality. 4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings. 5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 6. The Monitor will submit a written report to the Chairman of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the “Principal” and, should the occasion arise, submit proposals for correcting problematic situations. 7. Monitor shall be entitled to compensation on the same terms as being extended to / provided to Outside Expert Committee members / Chairman as prevailing with Principal. 8. If the Monitor has reported to the Chairman of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairman has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. 9. The word “Monitor” would include both singular and plural.

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Section 9 – Pact Duration This pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairman of the Principal.

Section 10 – Other provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered office of the Principal, i.e. Mumbai. 2. Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. 3. If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members. 4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. ……………………… ........................................... For the Principal For the Bidder / Contractor (Official Seal) ( Official Seal) Place: ............................. Witness : 1…………...............……. Date: .............................. 2. ………………………….

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MASTER CONTRACT

SUBCONTRACT NO. SCI/T&OS/MSVS/DIVING/SUBCON/2014 for appointment of Diving Subcontractor for provision of Diving services/personnel/equipment maintenance onboard ONGC’s 2 Multi Support Vessels (MSVs) SAMUDRA SEVAK, SAMUDRA PRABHA and 1 Geotechnical Vessel (GTV) SAMUDRA SARVEKSHAK

1.1 This Sub-contract is made and entered into this _____ day of_______________ 2014 by

and between The Shipping Corporation of India Limited, a company registered under the Indian Companies Act, 1956 and having its registered office at Shipping House, 245, Madame Cama Road, Mumbai – 400 021, and it’s Technical and Offshore Services Division at 5th Floor, Shipping House, 245, Madame Cama Road, Mumbai – 400 021 hereinafter called as the “Contractor” (which expression shall mean and include its administrators, executors, successors and permitted assignees) on the one part and M/s ------------------------hereinafter called the “Subcontractor”, (which expression shall mean and include its administrators, executors, successors and permitted assignees) on the other part.

1.2 WHEREAS M/s. Oil & Natural Gas Corporation Ltd. (hereinafter referred to as

ONGC/Owner owns Multipurpose Support Vessel (MSV) SAMUDRA SEVAK and Diving Support Vessel (DSV) SAMUDRA PRABHA. The Owner have entrusted Operations and Maintenance Management (O&M) contract of these Vessels viz. SAMUDRA SEVAK and SAMUDRA PRABHA to the Contractor on nomination basis and presently the Contractor is providing services mentioned herein the contract.

1.3 GTV SAMUDRA SARVEKSHAK is mainly engaged in Geotechnical operations. Though

the vessel is equipped for Air/Saturation Diving, the vessel has not been utilized by ONGC for diving so far. ONGC has decided that the diving system need not be maintained on a regular basis and the diving assistance would have to be provided on as and when required basis. The charges for these diving services would be those of Samudra Prabha. The vessel may be deployed for diving operations in future if ONGC at all desires it necessary. Only store keeper is required to be provided on a regular basis for Samudra Sarvekshak who will be on-board Samudra Sarvekshak for this tender. The cost of services required for Samudra Sarvekshak will be included in Samudra Prabha expenses. The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for evaluation purpose and to arrive at the annual contract value

1.4 The Contractor undertakes to provide Marine & Diving support, expert Marine/Diving manpower onboard Samudra Sevak and Samudra Prabha as per required manning of the respective vessels and procurement assistance for the project management to the Owner for the O&M of the respective vessels and fulfill the respective scope of work for the subject vessels placed at ANNEXURE-III.

1.5 AND WHEREAS The Shipping Corporation of India Ltd., the Contractor had invited quotations from internationally reputed Diving companies to submit their offers for undertaking to provide the entire work scope of Diving services for the above mentioned MSVs including supply of the required Diving personnel on regular as well as call out basis, equipments, Saturation bonus, diving base management, etc. as detailed in ANNEXURE- III, hereinafter referred to as ‘Services’.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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2.0 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract hereinafter referred to.

3.0 The Subcontract shall consist of this form of Agreement and the following documents, all

of which by this reference are incorporated herein and made part hereof. The following Annexures form part of the Subcontract: ANNEXURE – I: GENERAL TERMS AND CONDITIONS OF SUBCONTRACT (GCS) ANNEXURE–II : SPECIAL CONDITIONS OF SUBCONTRACT (SCS) SPECIFIC TO THE VESSEL. ANNEXURE - III: TECHNICAL SPECIFICATION AND SCOPE OF WORK (TS&SOW) SPECIFIC TO THE VESSEL

4.0 This Subcontract including Annexure-I (GCS) along with Annexure-II (SCS) and Annexure –III (TS & SOW) shall be taken as complementary and mutually explanatory of one another and shall be treated as integral parts of the Agreement.

5.0 In consideration of the payment to be made by the Contractor to the Subcontractor as

hereinafter mentioned, the Subcontractor hereby covenants with Contractor to execute and complete the job as per ANNEXURE-III in conformity in all respects with the provisions of the Subcontract.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE HEREUNDER SET THEIR RESPECTIVE HANDS THE DAY AND YEAR HEREIN ABOVE WRITTEN.

FOR AND ON BEHALF OF FOR AND ON BEHALF OF (CONTRACTOR ) ( SUBCONTRACTOR ) Witness : Witness : 1. 1. 2. 2.

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ANNEXURE - I

GENERAL TERMS AND CONDITIONS 1.0 Following General terms and conditions are applicable to this Subcontract entered with

the Subcontractor for vessels of the Owner as brought out at Annexure II. 2.0 DEFINITIONS Unless inconsistent with or otherwise indicated by the context, the following terms

stipulated in this Contract shall have the meaning as defined hereunder. 2.1 Contract Subcontract / : Shall mean a written Contract signed between Contractor and the Subcontractor

including subsequent amendments to the Contract in writing thereto. 2.2 Owner/ONGC : Shall mean Oil & Natural Gas Corporation Ltd., India and shall include its legal

representatives, successors and permitted assignees 2.3 Owner's Representatives / Vessel In-Charge : Owner’s Representative: Wherever applicable, the Owner shall designate and maintain

on the vessel an individual as its authorized representative(s) for the purpose of overseeing the operation of this Contract.

Vessel in-charge : Wherever applicable, the Owner shall designate and maintain ashore

an individual as its authorized representative(s) for the purpose of overseeing the operation of this Contract.

2.4 Contractor / SCI:

Shall mean The Shipping Corporation of India Ltd., India and shall include its legal representatives, successors and permitted assignees.

2.5 Contractor's Representative: The Contractor shall designate and maintain on the vessel an individual as its authorized

representative for the purpose of the operation of this Contract. The Contractor reserves the right to change this representative after notifying the Owner. The representative shall be from among the team on board.

2.6 Subcontractor :

The Subcontractor means------------------------------ and shall include its legal representatives, successors and permitted assignees.

2.7 Sub-Contractor's Representative :

The Subcontractor shall designate and maintain on the vessel an individual as its authorized representative for the purpose of the operation of this Contract. The

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Subcontractor reserves the right to change this representative after notifying the Contractor/Owner. The representative shall be from among the team on board.

2.8 "Work" means the scope of work to be performed by Subcontractor under this agreement.

2.9 "Day" means a calendar day of twenty four (24) consecutive hours beginning at 0000

hours (midnight) and ending at 2400 hours (midnight following) as referred to the local time at the site.

2.10 "Third Party" means any group, Company, person or persons who may be engaged in

activity associated with the work specified but who shall remain at arm's length from the work and who shall not have a direct responsibility or authority under the terms of this Contract .

2.11 "Approval” as it relates to Owner’s/Contractor’s written approval. 2.12 "Facility" means all property of the Owner, which is or will be a part of the Owner. 2.13 "Contract Price" means the sum named in the substantive article in the Contract subject

to any additions thereto or deductions there from which may be made under the provision of the Contract.

2.14 "Site" means the lands/water and other places on, under or through which the operations

are to be carried out under this Contract. 2.15 "Operation" means rendering the different types of services on Multi Support Vessels as

specified in the scope of work. The vessel may be required to carry out salvage operation, as may be required.

2.16 Breakdown / Downtime/Penalties

This will be governed as per Special Conditions of Subcontract (SCS) placed at ANNEXURE -II.

2.17 "Vessel” means and includes MSV "Samudra Sevak"/ "Samudra Prabha" which is

wholly owned by the Owner and managed by the Contractor. 2.18 Mobilization Mobilization means bringing the complete Diving personnel/Crew at the vessel to

operate and maintain the vessel. 3.0 SCOPE OF WORK 3.1 DUTIES EXPECTED FROM THE VESSEL As per ANNEXURE -III. 3.2 SUPPLIES AND SERVICES TO BE PROVIDED BY THE OWNER AT ITS COST As per ANNEXURE- II. 3.3 CREW COMPOSITION AND EXPERIENCE

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As per ANNEXURE - III.

3.4 CREW CHANGE

As per ANNEXURE - II.

4.0 NOTICES AND ADDRESSES As per ANNEXURE- II.

5.0 DURATION OF THE CONTRACT

As per ANNEXURE- II.

6.0 MEETINGS

As per ANNEXURE-II. 7.0 REPORTS

As per ANNEXURE-II.

8.0 REMUNERATION AND TERMS OF PAYMENT 8.1 The Subcontractor shall prepare daily reports in triplicate of the number of categories of

Subcontractor personnel as per the approved regular crew, equipment on hire and for the quantities of consumables and spares delivered against authorization of Contractor’s/Owner’s representative and submit them for approval to the Contractor’s /Owner’s Representative/Owner’s Vessel in-charge who shall sign the said report indicating approval (which shall not be unreasonably withheld) or shall state the reasons for non-approval and return two copies to the Subcontractor within 10 days of submission.

i) Subcontractor shall be paid as per schedule of rates as per ANNEXURE III – APPENDIX I – A, B, C, D & E. Subcontractor shall be paid as per schedule of rates for regular and call out personnel / equipment from the day of reporting on their designated crew change dates and at place viz. Nhava, Helibase, etc. or as requested by Owner / Contractor regardless of their actual arrival to offshore/ work site, as applicable and back. ii) During the helicopter cancellations and/or any other reason attributable to Contractor/Owner, whenever a person is kept standby as per requirement of the Contractor/Owner, 50% of respective day rate will be paid for that period, without any Lodging/boarding, conveyance, or incidental expenses. iii) Trainees Maximum 4 Nos. on 2 vessels will be required. Subcontractor to ensure posting of such Trainees through out the contract period in order to avoid any shortages of required diving personnel. For Trainees, Lodging & boarding on board respective vessel and transportation from base to offshore and back will be provided by the Contractor. No day rates will be paid for Trainees.

8.2 Once approval is given by the Contractor/Owner representative/Vessel in-charge, the Subcontractor shall submit the manning invoices to the Contractor. The Contractor shall pay the Subcontractor under the terms and conditions contained in this Contract, the applicable day rates as mentioned in APPENDIX-I A,B,C,D & E for regular diving

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crew, call out personnel, call out equipment, Saturation Bonus, Base Management fees, etc. All payments due according to the Contract arising from such approval shall be paid by the Contractor within 30 days from the date of receipt of invoices from the Subcontractor.

8.3 In the event of dispute in a portion of any invoice, Contractor shall make payment of

undisputed portion to the sub-contractor within 30 days from receipt of invoices from the Subcontractor and shall inform the sub-contractor for the remaining portion in order to mutually resolve the dispute and if resolved in part or in full, payment shall be made to the sub-contractor within 30 working days, from the date of resolvement of dispute.

8.4 Personnel Rates As per ANNEXURE III- APPENDIX-I – A,B,C,D & E. 8.5 SPECIFIC SERVICE: Any other specialized equipment and services provided shall be

reimbursed at mutually agreed rates, terms and conditions. Owner/Contractor shall reimburse custom duty net of duty drawback subject to re-export of the equipment within 30 days after arrival at Nhava from vessel.

8.6 Normally the regular crew strength will be required during the period of the Contract.

However, Owner may, at any time, at its discretion, request a reduction in the crew without jeopardizing the safety of the vessel. Demobilization will be done by giving 6 days notice. Productivity level will be mutually decided on such reduction.

8.7 Subcontractor personnel / Equipment may be transferred to other installation / vessel at

Owner’s/Contractor’s discretion. Such transfer if needed shall be mutually discussed and agreed upon, to avoid safety / insurance related problem.

8.8 Notwithstanding anything contained herein to the contrary, Subcontractor agrees that the

laws regarding employment and welfare of its personnel be complied by him without any liability whatsoever to Contractor/Owner.

8.9 Owner/Contractor will have the full right for good cause to ask the removal of any of

Subcontractor personnel either for incompetency, unreliability or misbehaviors, etc. while onboard the vessel. The Subcontractor will replace such personnel at their expenses. The Subcontractor will be allowed a maximum of 6 working days to replace such persons by competent persons at their cost. In case Subcontractor fails to replace such personnel as requested by the Owner/Contractor within stipulated 6 working days, then no payment will be made in respect of these personnel from the day of request of removal. Any shortage of personnel will be governed by clause 8.10.

8.10 When the vessels performance/ operational capability is affected by shortage of the

diving crew, the relevant clause of penalty will be applicable as per clause 9 of Annexure I

The penalty or corresponding deduction in case of loss of operational capability due to such shortage may be waived by Owner/ contractor on merit of each case under following situations:

a) Non availability of transport from base to offshore b) Medical evacuation of person(s) from the vessel. c) Sudden evacuation of person (s) from the vessel under instructions of Owner. d) Any other reason to the satisfaction of Owner.

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The shortage on account of above reason shall be made up by the Subcontractor by duly qualified and approved replacement within a period of 6 working days, beyond which the penalty as mentioned above at Clause 8.10 or corresponding deduction as per Clause 25.0 of Contract in case of loss of operational capability would apply.

9.0 TAXES 9.1 The Contractor/Owner shall reimburse all actual costs including applicable

taxes/levies/duties including service tax, if applicable, on the services provided by the Subcontractor, Custom duty element of operational consumables, spares, which may be incurred or become payable by the Subcontractor for provision of Diving services/ equipments for the O&M of the Owner’s Vessels from the effective date.

9.2 CORPORATE TAXES The Subcontractor shall bear all Corporate Taxes, levied or imposed on the

Subcontractor on account of payments received by it from the Contractor for work done under this Contract. It shall be the responsibility of the Subcontractor to submit to the concerned Indian Income tax Authorities, the returns and all other connected documents required for this purpose and to comply in all respects with the requirements of the laws in this regard, in time. Should the Subcontractor fail to provide such information and/or returns to the tax authority in India, in time and consequently any penalties, interest and/or other levies are imposed on the Subcontractor/Contractor/Owner, such amounts shall be payable by Subcontractor.

9.3 PERSONNEL TAXES The Subcontractor shall bear all Personnel Taxes in India levied or imposed on its

personnel , any third party and their personnel etc. on account of payment received by Subcontractor under this Contract. It shall be the responsibility of the Subcontractor to submit to the concerned Indian tax authorities the returns and all other connected documents required for this purpose and to comply in all respects with the requirements of the laws in this regard, in time. Subcontractor agrees to protect and hold Contractor/Owner harmless from any taxes levied, imposed or assessed on Subcontractor and/or its third parties and their personnel.

9.4 The Sub-contractor shall also provide the Contractor the details of payment of taxes to

Indian Tax Authority as it may require under this Contract for this purpose. Should the Sub-Contractor fail to provide such information to the Contractor/ Owner or the tax department in time and consequently any penalties interest and/or other levies are made either on the Sub-Contractor, Contractor or on Owner, such amounts shall be payable by Sub-Contractor.

9.5 If it is so required by the applicable laws in force at the time of the payment, the

Contractor shall withhold from the amount due to the Subcontractor and pay to the Indian Tax authorities any tax levied or assessed on account of the Subcontractor's operations pursuant to this Subcontract.

9.6 For clarity and not for limiting the generality of the foregoing, it is agreed that the Sub-

Contractor shall pay ( and the Sub-Contractor's compensation provided for hereunder includes allowance) for any and all liabilities or claims for taxes applicable under this Subcontract, which may be assessed or levied by tax authority, (including any political subdivision claiming jurisdiction over this contract) against the Sub-Contractor on account of or resulting from the Sub-Contractor's operations, pursuant to this Subcontract.

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10.0 MAINTENANCE The Subcontractor shall be responsible for the day to day maintenance of all plants,

machinery and equipment relating to the Subcontractor’s work on the vessel and to prevent any breakdowns affecting operation and work assigned from time to time. In the event of a breakdown the Subcontractor shall promptly and in a professional manner carry out the necessary repairs and replacement of parts to make such plant, machinery and equipment operational again. Breakdown / be governed by Clause 25.0.

11.0 PERFORMANCE BANK GUARANTEE

The Subcontractor shall furnish to the Contractor Performance Bank Guarantee(s) for all two vessels for an amount equal to the annual contract value for Samudra Prabha and Samudra Sevak. (The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for arriving at the annual contract value) as per proforma provided by Contractor, in favour of the Contractor, and shall be valid till 23.01.2015, towards compliance of performance of the Subcontractor’s obligations and responsibilities as detailed in the Subcontract.

In the event, the Subcontractor fails to honour any of the commitment entered into

under this agreement and or in respect of any amount due from the Subcontractor to the Contractor, the Contractor shall have unconditional option under the Performance Bank guarantee to invoke the guarantee and claim the amount from the Subcontractor. The Subcontractor shall be obliged to pay the amount to the Contractor on demand.

12.0 ARBITRATION 12.1 During currency of Contract, following arbitration clause will be applicable.

If any dispute, difference, question or disagreement shall at any time arise between the parties hereto or the respective representatives or assignees in connection with or arising out of the Contract or in respect of meaning of specifications, design, drawings, estimates, schedules, annexures, order, instructions, the construction, interpretation of this agreement, application for the provisions thereof or anything hereunder contained or arising hereunder or as to the rights, liabilities or duties of the said parties hereunder or any matter whatsoever incidental to this Contract whether arising before or after the completion of the work under this Contract, which cannot be mutually resolved by the parties, the same shall be referred to arbitration. The party desiring the settlement of dispute shall give notice of its intention to go in for arbitration clearly stating the point of dispute to be decided by arbitrators and appoint its arbitrator and call upon the other party to appoint its own arbitrator within 30 days. If the other party fails to appoint its own arbitrator within stipulated period or the two arbitrators fail to appoint the Umpire, the Court having jurisdiction shall appoint the second arbitrator and/or Umpire as the case may be. The reference to arbitration shall be to two arbitrators and in case of disagreement on a point under reference, the arbitrators shall make a reference to the Umpire who should be appointed by the arbitrators before proceeding with the arbitration proceedings. The decision of the arbitrators and failing to an agreed decision by them, the decision of the Umpire shall be final and binding on the parties.

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If the arbitrator or Umpire to whom the matter is originally referred to dies or refuses to act or resigns from the position of arbitrator or Umpire for any reason, a new arbitrator/Umpire shall be appointed by the respective parties/arbitrators in the manner aforesaid. The new arbitrator/arbitrators or new Umpire shall be entitled to proceed with reference from the stage at which it was left by his predecessor if both the parties consent to this effect, failing which they will be entitled to proceed de-novo.

It is further term of the Contract that no person other than the person appointed as aforesaid shall act as an arbitrator/Umpire and that, if for any reason that is not possible, the matter is not to be referred to the arbitration at all.

The arbitrators or the Umpire may from time to time, with written consent of all the

parties to the Contract enlarge the time to make and publish their or his award. It is also a term of the Contract that the Subcontractor shall not stop the work under this

Contract and the work shall continue as expected to continue whether the arbitration proceedings have commenced or not.

The arbitrators or the Umpire, as the case may be, shall decide by whom and in what

proportions the arbitrators/Umpires fee as well as cost incurred in arbitration shall be borne.

The arbitrator shall be deemed to have entered on the reference on the date they

appoint an Umpire. The arbitrators/Umpire shall give speaking and reasoned award in respect of each

dispute or difference referred to him the award as aforesaid shall be final, conclusive and binding on all the parties of this Contract in accordance with the law.

The venue of the arbitration shall be Mumbai. Subject to the aforesaid, the provisions of

and any statutory modifications or re-enactments thereof and rules made there under for the time being in force shall apply to the arbitration proceedings under this clause.

It is understood between the parties that the provisions mentioned in Clause 12.0 above

regarding settlement of dispute shall be applicable only in case there is a dispute exclusively between the Contractor and the Subcontractor under this subcontract. However, in case there is a dispute between ONGC and the Contractor, under the Main Contract, the same shall be resolved as per the provision of the Main Contract, viz. in accordance with the procedure for settlement of disputes between the two Public Sector Undertakings. The decision of the arbitrator under the Main Contract shall be accepted as final, conclusive and binding upon the Subcontractor for the scope of work of the Subcontractor.

13.0 LIABILITY OF GOVT. OF INDIA – NOT APPLICABLE 14.0 INSURANCE

The Subcontractor shall at its own expense carry Workmen’s Compensation Insurance as required and Employer Liability Insurance from an approved insurance company, for all categories of personnel which may be deployed by Subcontractor for the performance of Diving services work scope onboard the above referred MSVs. Subcontractor shall obtain from its underwriters of such insurance, waiver of subrogation in favour of Owner and the Contractor. Upon request by the Contractor, the Subcontractor will furnish a copy of the insurance policy, evidencing that coverage as required has been obtained.

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15.0 INDEMNITY AGREEMENT:

15.1 Indemnity by Subcontractor:

Subcontractor shall indemnify and keep indemnified Contractor Owner, their contractors (other than the Subcontractor) their and its/their employees from all actions, proceedings, suits, claims, demands, liabilities, damages, losses, costs, charges, expenses, judgements and fines arising out of or in the course of or caused during the execution of work under the Subcontract from :

a) personal injury, illness or death of :

i) any of Subcontractor’.s personnel (even if caused by or contributed to by the negligence or fault of Contractor or Owner); and

ii) any to the extent the injury, illness or death is caused by the negligence or fault

of the Subcontractor or Subcontractor’s personnel; and

b) loss or damage to : i) any property owned, hired or supplied by Subcontractor or Subcontractor’s

personnel including constructional plant ( even if caused by, or contributed to by, the negligence or fault of the Contractor or Owner); or

ii) Subject to clause 15.2(b)(i) any other property to the extent the loss or damage

is caused by the negligence or fault of the Subcontractors or Subcontractor’s personnel .

15.2 Indemnity by Contractor

Contractor shall indemnify and keep indemnified Subcontractor (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, judgements and fines arising from:

a) personal injury, illness or death of

i) any employee of the Contractor/Owner and/or their contractors, subcontractors (other than the Subcontractor) and its/their employees (even if caused by or contributed to by the negligence or fault of Subcontractor ;

ii) subject to the clause 15.1 (a)(i)any other person to the extent that the injury,

illness or death is caused by the negligence or fault of Contractor/Owner; and

b) any loss or damage to :

i) any property owned, hired or supplied by Contractor/Owner (even if caused by or contributed to by the negligence or fault of Subcontractor ); except to the extent that the Diving equipments on board each vessel under the subcontract .

ii) subject to clause 15.1(b) (i) any loss or damage to any property to the extent the

loss or damage is caused by the negligence or fault of Contractor/Owner.

16.0 Alcohol, drugs and personal photography are strictly prohibited onboard vessels and

platform. Any breach of this requirement will be viewed seriously as breach of

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discipline. Subcontractor shall replace any of his employees who violate the provision of this clause.

17.0 JURISDICTION AND APPLICABLE LAW

This agreement including all matters connected with this Contract shall be governed by the Indian Law both substantive and procedural, for the time being in force and shall be subject to the exclusive jurisdiction of Indian courts at Mumbai.

18.0 PERFORMANCE OF THE WORK (RATE OF PROGRESS) Subcontractor shall submit daily progress report about various aspects of vessel

management as per the scope of work. The periodicity of such reports may be changed by the Owner/Contractor at its option. Should the rate of progress of the operations or any part of them be at any time too slow, to ensure the completion of the operations by the prescribed time or extended time for completion, the Owner’s/Contractor’s Representative may so notify the Subcontractor in writing. The Subcontractor shall reply to the written notice giving details of the measures he proposes to take to expedite operations in time. If no reply to Owner's/Contractor’s representative's notice is received within a period of seven days, the Contractor/Owner shall be free to take any action deemed fit under the terms of the Contract including application of down time provision or termination of the Contract.

19.0 NON-WAIVER Any failure by either party at any time, or from time to time to enforce or require the

strict keeping and performance of any of the terms and conditions of this Contract, or to exercise a right hereunder, shall not constitute a waiver of such items, conditions, or rights and shall not affect or impair the same, of the right of such party at any time to avail itself of same at any subsequent time during the course of the Contract.

20.0 SECRECY Subcontractor shall during the tenure of the Contract and at any time thereafter maintain

in the strictest confidence all information relating to the work and shall not, unless so authorized in writing by Contractor/Owner, divulge or grant access to any information about the work or its results and shall prevent anyone becoming acquainted with such, either through Subcontractor or its personnel or its authorized subcontractors or agents. Subcontractor shall not avail itself of the information obtained in the course of work hereunder in any manner, whatsoever, nor shall Subcontractor divulge any information about the location of the work area or part thereof. Subcontractor shall also destroy any report, note and technical data relating to the operation work and not required by Contractor/Owner.

20.1 Contractor/Owner and its employees shall be bound by a similar obligation concerning

that they might learn about techniques from the Subcontractor. 20.2 The obligation is continuing one and shall survive after the completion / termination of

this agreement/Contract. 21.0 SAFETY AND LABOUR LAWS:-

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21.1 Subcontractor shall comply at its own cost with the provision of all applicable laws including Labour Laws, rules, regulations and notifications issued there under from time to time. All safety and labour laws enforced by statutory agencies and by Owner/Contractor shall be applicable in the performance of this Contract and Subcontractor shall abide by these laws.

21.2 Subcontractor shall take all measures necessary or proper to protect the personnel, work

and facilities and shall observe safety rules and regulations of Owner (including code of practice for Diving operation, wherever applicable). No smoking or open flames shall be permitted on Vessel and nearby except in areas marked by Contractor and approved by Owner. The welding jobs shall be carried out with full safety precautions. The diving guidelines shall be provided to the Subcontractor, wherever applicable. Owner’s/Contractor’s employees shall also comply with safety procedures/policies as per SMS manual. Personnel will obey to lawful command of the vessel and participate in all safety drills.

21.3 The Subcontractor shall report as soon as possible any evidence which may indicate or

is likely to lead to an abnormal or dangerous situation and to immediately take the emergency control steps to avoid any abnormal situations.

21.4 Persons to be deputed for carrying out jobs at offshore under Contract must have

undertaken trainings in compliance with STCW-95 & any other applicable statutory requirements e.g. PSSR,EFA,PST,FPFF, HUET, etc. Persons without above training will not be allowed to go to offshore under Contract. All Contract persons must keep a valid certificate along with them while onboard the vessel.

22.0 GOVERNING LANGUAGE All documents produced by the Subcontractor and the Contractor/Owner in the

performance of this Contract, as well as all written communications between the Contractor/Owner and the Subcontractor are to be written in the English Language which is hereby designated as the Governing language of the Contract.

23. TERMINATION 23.1 Termination on expiry of the Contract

This Contract shall be deemed to have been automatically terminated on the expiry of this Contract between Contractor and the Subcontractor or expiry of Main Contract between Owner and Contractor, whichever is earlier, unless the SCI has exercised its option to extend the Main Contract in accordance with the provisions, if any, of this Contract.

23.2 Termination on account of insolvency

In the event the Subcontractor 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 Contractor shall, by a notice in writing have the right to terminate this Contract and all the Subcontractor’s rights and privileges hereunder, shall stand terminated forthwith.

23.3 Termination for unsatisfactory performance

If the Contractor/Owner considers that the performance of the Subcontractor is unsatisfactory or, not up to the expected standard, the Contractor/Owner shall notify the

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Subcontractor in writing and specify in detail the cause of such dissatisfaction. The Contractor/Owner shall have the option to terminate this Agreement by giving 7 days notice in writing to the Subcontractor.

23.4 SCI may terminate the contract with the sub-contractor by giving a notice of 75

days{applicable for sub-clause (i), (ii) & (iii) below}/ 45(forty five) days{applicable for sub-clause (iv) below} to Sub-contractor. This clause is applicable during the firm period of the contract and extensions thereof.

i. ONGC going in for Joint Venture for such services in future. ii. Composition of SCI undergoing change affecting interests of ONGC. iii. Operation of Contract being uneconomical to ONGC due to market conditions etc. iv. ONGC awards the tender for Hiring of services for ‘Bareboat Charter with Back to

Back Charter (BBCB)’ of the vessels Samudra Prabha and Samudra Sevak which is presently under process. In case the award is finalized before expiry of the present O&M contract, the vessel will be handed over to the BBCB contractor with prior notice to SCI. SCI shall be given advance notice in the event of finalization of BBCB contract by ONGC. SCI will in turn give an advance notice of termination of forty five days to the sub-contractor. This period of forty five days includes 10 days for Handing Over Taking Over (HOTO).”

23.5 Consequences of termination

In all cases of termination herein set forth, the obligation of the Contractor/Owner to pay shall be limited to the 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.

24.0 ASSIGNMENT AND SUB-CONTRACTING :

The Subcontractor may assign or subcontract its rights or obligations hereunder this agreement with the prior written approval of the Contractor/Owner. However, notwithstanding the above, the Subcontractor shall remain fully responsible for the services hereunder and for the execution and performance of this Contract.

25.0 BREAKDOWN / DOWNTIME The Breakdown/Downtime/Penalty is detailed at Clause No. 9.0 of Annexure II. 26.0 CHANGE IN LAW

In the event of any change or amendment of any Act or law including Indian Income Tax Acts, rules or regulations of Government of India or Public Body or any change in the interpretation or enforcement of any said Act or law, rules or regulations by Indian Government or Public Body which becomes effective after the of commencement of Contract which results in liability of taxes, duties, the Subcontractor shall be indemnified for any such increased cost by the Contractor/Owner subject to production of documentary proof which is attributable to such change or amendment as mentioned above.

Similarly, if any change or amendment of any Act or Law including Indian Income Tax Acts, Rules or regulations of any Government or Public Body or any change in the interpretation or enforcement of any said Act or law, rules or regulations by Indian Government or Public Body becomes effective after the which results in any decrease

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in the cost of the project through reduced liability of taxes, duties, the Subcontractor shall pass on the benefits of such reduced costs, taxes or duties to the Owner/Contractor.

Any liability arising out of subsequent enactment of laws shall be borne by the Owner/Contractor.

Notwithstanding, the above mentioned provisions, Owner/Contractor shall not bear any liability in respect of:-

i) Personnel taxes on the employees of Subcontractor and the employees of all his

sub-contractors, agents etc.

ii) The Corporate taxes of the Subcontractor and his sub-contractor, if any. 27.0 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, .

28.0 STATUTORY REQUIREMENTS:-

During the tenure of this Contract nothing shall be done by the Subcontractor in contravention of any law, act and/or rules/regulations, there under or any amendment thereof governing inter alia customs stowaways, foreign exchange etc.

29.0 EMPLOYMENT BY FIRMS TO OFFICIALS OF ONGC/SCI

Firms/companies who have or had business relations with Owner/contractor are advised not to employ serving Owner/contractor employees without prior permission. It is also advised not to employ ex-personnel of Owner/contractor within the initial two years period after their retirement/resignation/severance from the service without specific permission of Owner/contractor.The Owner/contractor may decide not to deal with such firm(s) who fail to comply with the above advice.

30.0 CONTINUANCE OF THE CONTRACT: -

Notwithstanding the fact that settlement of dispute(s) (if any) under arbitration may be pending, the parties hereto shall continue to be governed by and perform the work in accordance with the provisions under this Subcontract.

31.0 INTERPRETATION: -

The titles and headings of the sections in this Contract are inserted for convenient reference only and shall not be construed and limiting or extending the meaning of any provisions of this Contract.

32.0 ENTIRE AGREEMENT:

This Agreement supersedes all prior Agreements and commitments, whether oral or in writing between the parties concerning the subject matters thereof. The right of either party to require strict performances will not be affected by any previous waiver or course of dealing. Neither this Agreement nor any modification will be binding on a party unless signed by an authorized representative of Subcontractor/Contractor.

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33.0 ADDITIONAL TERMS AND CONDITIONS This Contract may be modified by additional terms and conditions accepted in writing by

both the parties. 34.0 Saving Clause:

Except, as provided herinabove, the contract shall be governed by the “general terms and Conditions of the tender document and terms of award of the Contract” communicated to the subcontractor and accepted by the subcontractor.

35.0 RISK PURCHASE CLAUSE If at any time during the currency of the contract it is observed by the Company that,

1. supplies/services are not provided in time or short supplies have been effected, and/or 2. the contractor’s services are found unsatisfactory, and/or 3. the supplies do not conform to the quality/specifications indicated in the

contract/purchase order 4. services do not conform to the specifications indicated in the contract/tender

document, and/or 5. the quality of service is found to deteriorate abnormally,

Then in that event the Company will be at a liberty to obtain the services covered under the workscope of this tender/contract from alternative source(s) at Contractor’s risk and cost including invoking/resorting to apply any other clause of the tender and contract.

36.0 Resolution of disputes through conciliation by OEC (This clause will be applicable

when disputes are of estimated value more than INR 25 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, SCI 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 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, SCI shall nominate three outside experts, Mumbai based, one each from

Financial/commercial, Technical and Legal fields from the Panel of Outside Experts maintained by SCI 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.

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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:

Sl. 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. Transportation in the city of the meeting

Luxury car or Rs. 1,500 per day.

Claimant

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4. Venue for meeting SCI conference rooms/Hotels

SCI

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.

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.

*************

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ANNEXURE – II

SPECIAL CONDITIONS OF CONTRACT

SUBCONTRACT NO. SCI/T&OS/MSVS/DIVING/SUBCON/2014 for appointment of Diving Subcontractor for provision of Diving services/personnel/equipment maintenance onboard ONGC’s 2 Multi Support Vessels (MSVs) SAMUDRA SEVAK, SAMUDRA PRABHA and 1 Geotechnical Vessel (GTV) SAMUDRA SARVEKSHAK 1.0 GENERAL 1.1 Special conditions of Contract shall be read in conjunction with the General Conditions

of Contract, Technical specifications of work, drawings and other documents forming part of this contract wherever the context as requires.

1.2 Where any portion of the General Conditions of contract is repugnant to or at variance

with any provisions of the Special Conditions of Contract, then unless different intention appears, the provision(s) of the Special Conditions of Contract shall be deemed to override the provision(s) of General Conditions of Contract only to the extent that such repugnancy or variance cannot be reconciled with the conditions of contract and shall be to the extent of such repugnancy or variations, prevail; it being understood that the provisions of General Conditions of Contract shall otherwise prevail.

1.3 Wherever it is stated anywhere in this Contract that such a supply is to be effected or

such a work is to be carried out, it shall be understood that the same shall be effected/carried out by the Sub-Contractor.

1.4 The contract constitutes the entire agreement by the parties and no other writings or

conversation shall be considered as a part of this contract except by written agreement by both parties subsequent to the date of signature hereof. Where rights and remedies are provided under the contract, they shall be the exclusive rights and remedies available with regard to the situation to which they relate.

1.5 All the work and assigned jobs to be performed under this contract shall be done at

defined times and in all respects in accordance with the provisions of this contract and any amendments thereto that the parties may subsequently agree from time to time in writing.

2.0 NAME OF THE VESSELS : 3.0 DURATION OF THE CONTRACT.

The contract will be for a firm period of six months starting from 24.03.2014 with SCI’s

option to extend the contract for a further period of six months followed by eight extensions of 3 month each on the same rates, terms and conditions subject to extension of SCI’s contract with ONGC

Sl. No.

Name of MSV Date of taking over by Sub-Contractor

1. SAMUDRA SEVAK 24.03.2014

2. SAMUDRA PRABHA 24.03.2014

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4.0 SUPPLIES AND SERVICES TO BE PROVIDED BY THE OWNER AT ITS COST 4.1 The Owner shall make available to the Contractor’s/Sub-contractor’s personnel, when

present on the vessel, medical assistance as available in case of emergencies. 4.2 While on vessel, accommodation and food will be provided. However, diving crew will

stay in the cabins allotted by the Master of the vessel. 4.3 The Owner will normally provide helicopter assistance for transportation of crew to and

from offshore from Owner 's helibase. Owner will provide supply vessel assistance for transportation of materials and crew members to and from Offshore. Crew will be transported by supply boat, if situation warrants, from Owner’s base at Nhava including loading and unloading facilities as available at Nhava.

4.4 Catering / House keeping (inclusive of catering stores and provisions, utensils), and

medical facilities as available on board of a reasonably acceptable standard of quality and hygiene shall be provided by the Owner to expatriate and local crew and other personnel. Owner shall be responsible for catering standard. Catering crew shall work under the direction and control of Owner’s Representative. In matters of safety, catering crew will take directions from Master.

4.5 Services of radio and Radio Officers and telex/fax facilities onboard in accordance with

statutory requirements shall be provided by Owner. 4.6 Other items/assignments specified elsewhere in the contract. 5.0 MEETINGS 5.1 The Sub-Contractor shall ensure the presence of Sub-Contractor's Representative

(from the base management team) at all meetings relating to the scope of work referred to in this contract, called by the Owner/Contractor. No extra payment shall be made for attending these meetings.

5.2 In the event of the Sub-Contractor's/Contractor’s and Owner’s representatives being

unable to reach a mutual agreement on any operational or technical matter in respect of the operations of the vessel, the Sub-Contractor shall refer the matter promptly to the Contractor/Owner.

6.0 REPORTS All the Diving job reports should be submitted within specified time indicated in

ANNEXURE-III. In case of delay in submission of Diving job reports , a penalty as per clause 9 will be imposed, and shall be recovered separately from the Subcontractor for respective vessel.

7.0 CHANGE ROUND OF SATURATION DIVER: The change round for diver in saturation will be between 21 and 28 days unless

otherwise approved by Owner’s vessel in-charge.

8.0 CREW CHANGEOVER 8.1 Crew change will be normally as under:

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Diving crew: 6-8 weeks onboard followed by minimum 50% onshore period. 8.2 Any variation in above schedule will be done only with the approval of the Owner’s

vessel in-charge by recording the circumstance/reasons for the variation. 8.3 The Sub-Contractor will compulsorily ensure that all members of Diving team possess

valid qualifications and certificates as specified in the contract. Any of the Sub-contractor’s personnel found not having qualification/ experience as required for their job category at any stage of contract, shall be replaced by Sub-contractor within 6 days notification by the Owner/Contractor to the Sub-contractor. The payment of such replaced person will not be made for the period he remained as part of the crew and if already paid will be recovered irrespective of any approval given by Owner/Contractor before deployment.

The cost of repatriation and crew change expenses (viz. helicopter charges, etc.) for the

unscheduled ‘Crew change’ will be to the Subcontractor’s account and will not be paid/reimbursed to the Subcontractor.

9.0 BREAK DOWN / DOWN TIME /PENALTY 9.1 Breakdown/downtime means period of failure of vessels operational capabilities due to: 9.1.1 Breakdown/maintenance requirement of the ship and ships diving systems i.e.

saturation diving system, air diving system and gas reclaim system. 9.1.2 Breakdown/maintenance requirement of Diving work equipments provided on board

by Owner/Contractor or hired from Sub-contractor. 9.1.3 Failure of Sub-contractor to provide regular diving crew or call out diving crew, call out

diving equipment. 9.1.4 Breakdown/maintenance of any other Diving equipment on board not covered above. 9.1. 5 Breakdown/downtime arising out of accidental damages to any or all diving equipments

on board. DOWNTIME CALCULATION: 9.2.1 During Breakdown / downtime period for any reason as per Cl.9.1 above,

depending upon loss of vessels operational capability and consequent effect on operations of the vessels, equivalent downtime will be calculated as under:

SITUATION EQUIVALENT DOWNTIME

If the vessel is required to be withdrawn from the designated location / field to sheltered water / anchorage / alongside jetty due to failure of diving equipment/system.

100% of the time for which vessel is withdrawn from the designated location / field till vessel reports back to designated location / field will be considered as equivalent downtime.

9.2.2 If at any time particular diving equipment / system is not operational then equivalent

downtime will be calculated as under: If for any reason stated at clause 9.1 above, vessel is unable to perform the intended

work then 50% of the period till satisfactory commencement of intended work will be

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considered as equivalent downtime. However, during such period, if ONGC considers that available capability of the vessel can be better utilized for alternate job at different location or for continuation of part of the ongoing intended work, then at ONGC’s discretion, vessel may be deployed for such job. Upon commencement of such job equivalent downtime will be calculated as under:

9.2.2.1 Sat Diving system is not

available 25% of the time for which system is not available, will be considered as equivalent downtime.

9.2.2.2 Air diving system is not

available. 15% of the time for which system is not available, will be considered as equivalent downtime.

Note : However, if air diving continues through remote panel this will be reduced to 7.5%. 9.2.2.3 Gas Reclaim System is

not available / reclaim efficiency is affected.

5% of the time for which system is not available/ efficiency is affected, if reclaim efficiency is below 80%, will be considered as equivalent downtime.

9.2.2.4 If water jetting machine is not available or is unable to perform at rated capacity

If machine is not operational at the rated capacity for upto 60 days on single occasion then 1% of the time for which each machine is not operational will be considered as equivalent downtime.

9.2.2.5 If standby units of Diving system / equipments are non operational as mentioned at 9.1.1 above.

1% of time for which each unit is not available upto 60 days on single occasion will be considered as equivalent downtime.

9.2.2.6 If any call out Diving equipment or equivalent ONGC supplied Diving equipment (as per call out Diving equipment list) is not available (except water jetting machine which will be as per cl.9.2.2.4).

0.5% of time for which each unit is not available upto 60 days on single occasion will be considered as equivalent downtime.

9.2.2.7 If any other Diving equipment covered under PMS is not available or scheduled PMS is not carried out. *

0.1% of time for which each unit is not available up to 60 days on single occasion will be considered as equivalent downtime.

If the scheduled PMS is delayed on account of operational constraints then no penalty to be levied.

NOTE : a) In case of equipment / system covered in clause 9.2.2.4 to 9.2.2.7 if downtime on

single occasion continues for more than 60 days then from 61st day downtime percentage indicated against each item will be doubled.

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b) Combination of the equivalent downtime covered under clause 9.2.2 will be subject to maximum limit of 50% of the day i.e. 12 hours only. If downtime situation is covered under clause 9.2.1 then downtime arising under clause 9.2.2 will not apply.

c) If particular Diving system / equipment is not regularly required to be used, then it

should be periodically function tested. If upon requirement, any such Diving equipment system is found non operational, then downtime will be considered for the period from previous successful use / function test whichever later till restoration of operational status.

d) PMS (Planned Maintenance Schedule) on any Diving equipment / system which

is carried out without affecting vessel operations will not be considered as downtime.

e) If any of the diving equipment has breakdown for want of spares/stores

purchased by the Subcontractor, the penalty imposed by Owner on the Contractor shall be passed on to the Subcontractor.

9.3 Allowable equivalent downtime at ONGC cost. 9.3.1 Last scheduled drydock carried out for MSV SAMUDRA PRABHA in Sept 2011

and next scheduled drydock will fall due in mid 2014. Last scheduled drydock carried out for MSV SAMUDRA SEVAK in December 2013, and the next will fall in mid 2016.

It is mandatory for Diving Base Manager to attend to vessel’s diving repairs during entire drydock period. For vessel’s drydocking, Diving Base Manager will be paid for Air travel from Mumbai to drydock port and back by Economy class and day rate for his physical attendance onboard the vessel/in drydock yard. No separate Lodging, boarding, Conveyance, TA/DA, incidental expenses will be provided/paid//reimbursed to him for his stay for drydocking of the vessel. During downtime situation for drydock / major repairs etc. as covered under downtime calculations cl. 9.2.1, 15 days for emergency drydock/sheltered water, both inclusive of travel time at Owner/ONGC cost shall be applicable during subject Contract period.

9.3.2 For downtime situation during field operations, covered under downtime

calculations Cl. 9.2.2, equivalent downtime allowed at Owner’s cost will be 24 hrs. in one month which can be accumulated up to 6 days for six months on single or more occasions. This allowable equivalent downtime shall be availed on need basis. Accordingly, equivalent downtime for Diving operations will be proportionately given to the Diving Sub-contractor.

For part of the quarter, if any, allowable equivalent downtime shall be worked out on prorata basis. For the period covered under the situation 9.2.1 allowable downtime will be proportionately reduced.

9.3.3 Any downtime arising due to weather conditions will be allowed at Owner cost as

per actual provided Owner is satisfied about prevailing weather parameters resulting in such downtime. Else, such period will be considered as breakdown / downtime.

9.3.4 Breakdown at beginning of the contract.

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a) If any of the unit component forming part of vessel’s main system covered under

clause 9.1.1 is non-operational at the time of taking over a period up to first dry-dock will be allowed for rectification of the same, beyond that relevant downtime clause shall apply.

b) For other equipment standby items / independent units, which are non

operational at the commencement of the contract but which are required to be made operational time schedule for rectification will be finalized jointly by Owner and Contractor. Accordingly, the relevant downtime clause shall apply after expiry of agreed time schedule.

c) Utility and repair decision for equipment not covered in clause 9.3.4 (a) and (b)

will be finalized jointly by Owner/Contractor and Sub-contractor.

Accordingly, relevant downtime clause shall apply after the mutually agreed time schedule.

9.4 Breakdown /Downtime at Sub-Contractor’s cost: 9.4.1 In case of the equivalent downtime period as per clause 9.2.1 and beyond

permissible limit as per cl. 9.3.1 above, penalty imposed by the Owner on Contractor for Diving equipment will be recovered from the Subcontractor .

9.4.2 In case of the equivalent downtime period covered under cl. 9.2.2 and beyond

permissible limit as per 9.3.2 above, penalty imposed by the Owner on Contractor for diving equipment will be recovered from the Subcontractor .

9.4.3 If requisite regular diving or call out personnel are not available, deductions will

be as per clause 8.10 of Master Contract GCS (Annexure-I) provided performance is not affected due to such shortage. However, if performance is affected by such shortage, then deduction will be for equivalent downtime as calculated vide cl.9.2 if it is higher. No downtime arising from diving crew shortage will be allowed at Owner’s/Contractor’s cost.

9.5 Delay in submission of diving job report will attract deduction as per clause 6.0 of

this Annexure. 9.6 The total downtime imposed by the Owner on the Contractor for Diving part will

be passed on to the Diving Sub-contractor and same shall be recovered from the Subcontractor . Subcontractor would make the payment of downtime penalty to Contractor (SCI) by bank transfer/demand draft.

9.7 PENALTY CALCULATION

i) The total downtime imposed by the Owner on the Contractor for diving part will be passed on to the Diving Sub-contractor.

ii) The total downtime in hours will be converted to equivalent days and the penalty will be imposed on the sub-contractor equal to 100% of the “Day Rate” for these equivalent days.

iii) “Day Rate” means the total cost for providing regular manning as per annexure IIIA for respective vessels plus the base management fees plus Base Managers day rate.

iv) The total chargeable penalty will be equal to penalty worked out as per the above plus 10% which will be recovered from the sub contractor either by directly

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deducting from the monthly invoice or Subcontractor would make the payment of downtime penalty to Contractor (SCI) by pay order/demand draft.

v) For information, actual downtime for last two years on account of diving sub-contractor is as under.

Year Samudra Sevak Samudra Prabha

2010-11 20.2 hrs 37.1 hrs 2011-12 nil 9 hrs

10.0 Notices and Addresses

For the purpose of this CONTRACT, the addresses of the parties will be as follows and all correspondence and notices in relation to the present CONTRACT sent to the parties at the addresses mentioned below shall be deemed to be sufficient service of notice on the parties. All such notices as well as reports, invoices and other relevant material shall be addressed to the parties as per the address given below.

OWNER'S OFFICE ADDRESS 10.1 FOR TECHNICAL RELATED COMMUNICATION Head- IMR Oil & Natural Gas Corporation Ltd. Mumbai Region, 7th floor, 11 High Office

Bandra-Sion Link Road Mumbai – 400 017.(INDIA) TEL: 91-22- 2408 8000, FAX 91-22- 2408 8500 10.2 CONTRACTOR'S OFFICE ADDRESS.

Vice -President(Offshore) The Shipping Corporation of India Ltd. Technical & Offshore Services Division, 5th Floor, Shipping House 245, Madame Cama Road, Mumbai-400 021

TEL: 91-22-22772074/22772183 FAX 91-22-22831095/22828271 10.3 SUB-CONTRACTOR’S OFFICE ADDRESS : -------------------------------------------------------- 11.0 PERFORMANCE BANK GUARANTEE :

The Sub-Contractor shall furnish to the Contractor Performance Bank Guarantee for the 2 MSVs as under : For SAMUDRA SEVAK for an amount of - --------------------------and for SAMUDRA PRABHA(The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for arriving at the annual contract value.) for an amount of ---------------------------------------- (calculated @ 10% of the estimated annual period contract value) as per proforma provided by Contractor, in favour of the Contractor and shall be valid till 23.01.2015 towards compliance of performance of the Sub-contractor’s obligations and responsibilities as detailed in the contract.

***************************

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ANNEXURE - III

TECHNICAL SPECIFICATIONS, SCOPE OF WORK, QUALIFICATIONS AND EXPERIENCE

OF PERSONNEL

1.1 BROAD TECHNICAL SPECIFICATION OF SAMUDRA SEVAK i) Length Overall About 101.80 M ii) Length B.P. About 91.00 M iii) Breadth Moulded About 19.50 M iv) Depth Moulded About 8.70 M v) Draught to SWL About 6.20 M vi) Free Deck Area About 600 sq.m. vii) Dead Weight at SWL About 4147.00 Tonnes viii) Accommodation 93 A) Year Built 1988 B) Dry Dock Schedule Last drydock carried out in December 2013. Next due in mid 2016. 1.2 MAIN EQUIPMENT INSTALLED ON THE VESSEL AND CLASS NOTATIONS CLASS NOTATIONS IRS and DNV + 1A1 Supply Vessel SF,EO DYNPOS, AUTR (ERN), Fi Fi-I.Fi Fi-II. DSV-III, HEL DK.CRANE 120t.OIL REC.dk (+) 1.2.1 MAIN ENGINE AND GENERATORS * 4 Diesel engines x 2450KW each.1 diesel engine*1800 KW along with 5 generators *(Make : Engine Bergen Generators NEBB Norway) 1.2.2 MAIN PROPELLER 1 No. controlled pitch propeller - Make ULSTEIN. 1.2.3 AZIMUTH TRUSTER 2 X 1800 BHP each (Make : Liaaen) 1.2.4 BOW THRUSTER 2 X 1500 BHP each (Make : ULSTEIN) 1.2.5 DP SYSTEM Kongsberg Simrad SDP 521

Ref. System 2 Taut wires, 1 HPR, 1 Fanbeam & 1 DGPS. 1.2.6 DIVING SYSTEM (SATURATION) 12 men, 300 meter ACB Diving System with 4

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chambers and 3 men bell. 1.2.7 DIVING SYSTEM (Surface Complete Air Diving System Oriented) with 1Therapeutic chambers for 2 men each and one wet bell/ basket 1.2.8 DIVER GAS RECLAIM SYSTEM Provided 1.2.9 CRANE One 120 Ton. Liebherr Type BOS 120/1600 Electro Hydraulic crane One 20 Ton. Hydraulics crane (Make Power Arm) 1.2.10 FIRE FIGHTING SYSTEM 4 pumps x 1800 Cu.M/hrs each and 4 Monitors (Make - Thune Eureka) Pump type C22BA, Monitor type- EF-400 1 foam concentrate pump with 2 monitors (Make-Thune Eureka), Pump capacity- 30 Cu.m/hr, type CGA-50, monitor capacity-300 Cu.m/hr type CEM.R.100 1.2.11 POLLUTION CONTROL Two dispersant spray booms EQUIPMENTS with 5 Cu.M/hr. capacity pump. One inflatable oil containment boom. One oil skimmer capacity 200 Cu.M (Make - Thune Eureka)

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1.1 BROAD TECHNICAL SPECIFICATION OF SAMUDRA PRABHA i) Length Overall About 91.50 M ii) Length B.P. About 78.00 M iii) Breadth Moulded About 17.40 M iv) Depth Moulded About 7.75 M v) Draught to SWL About 5.15 M vi) Free Deck Area About 350 sq.m. vii) Dead Weight at SWL About 2124.00 Tonnes viii) Accommodation 70 A) Year Built 1986 B) Dry Dock Schedule Last drydock carried out in Sept 2011 Next due in Mid 2014. 1.2 MAIN EQUIPMENT INSTALLED ON THE VESSEL AND CLASS NOTATIONS 1.2.1 CLASS NOTATIONS IRS and Lloyds register of Shipping +100 A1 offshore supply/ diving support/ firefighting ship 2(7200) with water spray, Helicopter deck +LMC, UMS, DP(AA), PCR 1.2.2 MAIN ENGINE AND GENERATORS 4 Diesel engines x2150 KW each. alongwith 4 generators (Make : Engine Bergen BMV type KVG-12 Generators HEECO type HSA 7-719-8) 1.2.3 AZIMUTH TRUSTER 2 each (Make : Schottel type S-1500/1502 ZSCP(S) motor make HEECO type 567-6 rating 6.6KV, 1560 KW @ 990 rpm each 1.2.4 BOW THRUSTER 2 each (Make:ULSTEIN) TYPE

375TV Motor make HEECO type HRN 7-633-3 rating1170KW each 1.2.5 DP SYSTEM Kongsberg Albatross - 503 Ref system:2 Taut wires, 1 HPR, 1 DGPS 1.2.6 DIVING SYSTEM (SATURATION) 10 men, 300 meter ACB Diving System with 4 chambers and 3 men bell. 1.2.7 DIVING SYSTEM (Surface Complete Air Diving System Oriented) with 2 Therapeutic chambers for 2 men each and one basket

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1.2.8 DIVER GAS RECLAIM SYSTEM Provided 1.2.9 CRANE One Electro Hydraulic Offshore crane make Nor. Marine type OMCVC 1610-10 12Ex with 10 tonnes at maximum 12.6m radius of main hoist. 1.2.10 FIRE FIGHTING SYSTEM 4 pumps x 1800 Cub mtr/hrs each and 4 Monitors (Make - Thune Eureka) Pump type C 32 BA 14-18 monitor type EF 300-CC 1.2.11 POLLUTION CONTROL Two dispersant spray EQUIPMENTS booms with 5 Cu.M/HR capacity pump 1.3 The vessels are provided with other equipment / machineries which include but

not limited to four point mooring system, all galley equipments utilities, storages, workshop, life saving appliances including hyperbaric life boat and internal fire fighting system, navigational equipment, communication equipment, rescue equipment, entertainment items, helideck, emergency generator, etc.

1.4 The Vessels are also equipped with various NDT equipments, work equipment's

and under water tools and divers personnel gears, etc. 1.5 Sub-contractor’s responsibility will include operations and maintenance of

vessel’s diving equipments and all related items, as also any reasonable addition of diving equipments and facilities during the contract period. The detailed scope of work and duties expected from the vessel and other terms and conditions are provided in the contract.

The Contractor shall also take necessary action to acquire International Safety

Management Code (ISM code) for safe operations of MSVs and pollution prevention for the vessel and its operations by July 2003 and carry out all operations as per ISM code. The Sub-contractor shall ensure that Diving operations are carried out as per ISM code.

2.0 DUTIES EXPECTED FROM THE VESSEL AND AREA OF OPERATIONS 2.1 To carry out NDT inspection of steel structures, risers, pipelines, PLEMs etc.

of offshore field in water depth up to 300 meters (normally 100 meters). 2.2 To provide dive support to various offshore installations, jack-up rigs and floaters

working for ONGC. 2.3 To take up maintenance and repair job of platforms, risers, pipelines, SBMs,

subsea production systems, etc. within the capability of the vessel. 2.4 Fire fighting operation at Offshore platform, rigs, etc. 2.5 To carry out pollution control services.

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2.6 To carry out duties for helideck for helicopter operations. 2.7 To carry out / assist in rescue operations. 2.8 To carry out crane operations. 2.9 To carry out any other services within the capacity of vessel and equipments

on the vessel. 2.10 AREA OF OPERATION Normally west coast of India. However, depending upon job requirement

vessel(s) may be deployed anywhere in Indian waters. In case the vessel(s) move out of western coast as per requirement of Owner, the airfare/train fare, as applicable between Mumbai and the base of the deployed area, local transportation and hotel expenses of the Diving personnel, if any, alongwith their return air fare/train fare to Mumbai shall be reimbursed by the Owner/Contractor.

In an event the vessel is deployed anywhere in Indian waters other than Mumbai, the airfare, expenses on lodging, boarding and local transportation by the Base Manager(s) at the place of vessels’ deployment, shall be reimbursed to the Sub-Contractor.

3.0 SCOPE OF WORK (MARINE) – NOT APPLICABLE. 4.0 SCOPE OF WORK (DIVING) To provide total management of underwater operations to be carried out from the

vessel including job specific techniques, man management and equipment management and to provide duly qualified and experienced diving crew(indicated in Annexure-III(A) on the ship for carrying out diving operations on round the clock basis to perform duties expected from the vessel in accordance with internationally recognized safe diving practices including compliance to Owner’s Code of practice for diving operations.

This should include but not limited to following,

4.1 As a minimum, Sub-Contractor should provide the following onboard the vessel with copy to Contractor/Owner:

(i) Company's safety policy and procedure manual, air diving operations manual,

saturation (mixed gas)diving operations manual, diving tables, contingency procedure .

(ii) Standard work procedures for various underwater tasks and development of

specific job procedure on need basis. (iii) Annual audit of diving system, diving procedures and diving operations in

accordance with IMCA/AODC guidance note and special audit/ enquiry in case of any diving related accident/major system failure. (First hand copy of such reports should be made available to Owner).This audit/enquiry must be conducted by an independent expert/company's safety department not directly associated with vessel operations. ONGC /Contractor may also arrange to get independent audit of Subcontractor’s safety management system from

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expert/consultant and Subcontractor will be required to co-operate in such audit and implement his recommendations, if any.

4.2 Depending upon job requirement simultaneous Air and Saturation diving

operations will be carried out and following minimum diving schedule will be expected:

(i) 16 hour saturation diving with 4 persons in sat and simultaneous

16 hour air diving schedule.

(ii) 24 hour saturation diving with 6 persons in sat and simultaneous 12 hour air diving schedule.

Note :

1- To achieve this performance safely, if Subcontractor considers that more regular personnel are required (as per their own safety requirements) than specified in Annexure-III(A) then Subcontractor should accordingly propose additional persons.

2- If required 24 hour saturation and air diving is to be carried out.

4.3 Categories of divers can be interchanged with the approval of Owner/Contractor. 4.4 To provide technical back-up for routine and specified jobs as per internationally

recognized safe diving practices. 4.5 To provide additional persons on call out basis as and when required as per

Clause 7.3 of Annexure III.

4.6 To provide expert(s) on call out basis as and when required (categories as indicated at Clause7.3 of Annexure III).

4.7 Hyperbaric Rescue Life(HRL) boat is considered an integral part of Diving spread

and it shall be the responsibility of the subcontractor to maintain and keep it operational at all times including launching/handling appliances, engine and any fittings or appendages inside and/or outside the boat. However navigating the boat as and when the water born and any fittings/equipment related to navigation will be the responsibility of the contractor/Master or his nominee.

4.8 Subcontractor should have an established office set up with Project

management and dedicated and experienced support staff in Mumbai, for executing the contract. Support staff should include Diving Base Manager, Secretarial assistance, Helper - who will carry papers/materials to/fro ONGC, SCI, Helibase, Nhava, Subcontractor’s office, etc. on day to day basis and do proper co-ordination.

SCOPE OF WORK OF DIVING BASE MANAGER :

i) A dedicated Diving Base Manager, who is the employee of the Subcontractor will discharge all the responsibility mentioned in the tender. ii) Diving base manager should visit Contractor(SCI) office atleast once in a week and meet SCI Base Manager and base office team. A weekly meeting will be arranged between Contractor and Subcontractor base team wherein

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attendance of Diving Base Manager is compulsory. His attendance during such meetings will be marked as “M” on the attendance sheet. There will be minimum 3 such meetings between Contractor & Subcontractor in a month. If Diving Base Manager does not attend these meetings, his day rate for that particular day attendance will be deducted from the invoice of the Subcontractor for that month, unless such absence is duly certified by the competent authority of the Contractor. iii) He should assist Contractor’s office for procurement of spares, consumables, and promptly answering the Owner on the diving related queries. iv) During drydocking of the vessel, he should be responsible for liaisoning with the Yard and vessel in getting the jobs undertaken as per the scope of work submitted to the Yard. He will witness the Tests and Trials of the diving equipments after completion of repairs/maintenance. He should report to the Contractor’s representative/Supdt. at Yard who is supervising the repairs and assist in keeping the cost of repairs under control and to minimum possible. Co-ordination and follow up of offshore operations, submission of regular reports and specialised reports regarding offshore operations, breakdown/ maintenance/ repair of diving spread/ NDT equipments will be responsibility of Diving Base Manger.

4.9 To plan, arrange and provide expeditiously all types of consumables and tools for diving spread as well as for the operation to be carried out from/by the vessel such as diving gases, diving consumables, photographic consumables, emergency consumables etc. as and when authorized by Owner/Contractor.

4.10 To arrange and provide expeditiously all spares (not available with

Owner/Contractor) for routine and periodical maintenance of diving and inspection equipments and also to co-ordinate and manage repairs, dry-docking, modifications, replacement of equipments etc. if authorized by Owner/Contractor. The Sub-contractor shall identify such spares/stores for want of which a diving equipment will come under breakdown. In such case, the Contractor shall authorize the Subcontractor to purchase such spares/stores, which is to be procured expeditiously to reduce downtime of such equipment.

The purchase of material of required specifications shall be made at lowest competitive prices.

4.11 To provide NDT equipments/work equipments on day rate basis against

authorization by Owner/Contractor as per specifications mentioned at Clause 5.0 of this section.

4.12 To make available latest technology developed for use of Owner. 4.13 To obtain all approval and class certificates and to arrange and co-ordinate

all periodical surveys including classification society/ statutory surveys 4.14 To provide training to Indian personnel in all the key fields e.g. diving, NDT

inspection work, under water repairs, etc. in order to Indianise diving team. Due to limited accommodation onboard the vessel/ Owner cannot ensure berths for Trainees at all times.

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4.15 To maintain proper log works, record etc. for vessels systems/ equipments and machinery as per international practices and code of practice for diving operations.

4.16 To maintain store ledger and record of consumption of diving consumables/ spares on board vessel and inform requirements to base management well in advance.

Note: For Cl 3.9 and 4.15 above, a dedicated storekeeper onboard the vessel is

provided for ensuring timely support for both marine and diving activities.

4.17 DIVING REPORTING

Apart from vessel/equipment related reports similar to marine reporting. Job reports are to be submitted to Owner as per reporting procedure laid down by Owner (refer ANNEXURE –III D). This can be modified by Owner/Contractor depending upon work requirements. Any delay in submission of reports will be treated as per Clause 6.0 of Annex II.

5.0 CALL OUT WORK EQUIPMENT SPECIFICATIONS Depending upon job requirement and Status of availability of Owner owned

equipment, Sub-Contractor may be authorized to mobilize any of the equipment as specified below:-

5.1 UNDERWATER ULTRASONIC WALL THICKNESS METER 5.1.1 Underwater UT meter complete with fixed & remote probe with illuminated digital

display in millimeters, with an accuracy not less than +/- 0.2mm under standard test conditions.

5.1.2 Measuring range should be at least 15 mm to 60 mm. 5.1.3 To be suitable for single handed operation. 5.1.4 Calibration blocks covering the full measuring range are to be provided. 5.1.5 The equipment should be suitable for measuring test objects with surface

temperatures up to 100 degrees centigrade and/or the equipment should be supplied complete with a probecap/couplant which will enable it to do so.

5.1.6 The system shall include a battery charger and carrying case. 5.1.7 The meters and all subsea accessories shall be suitable for water depths up to

100 meters. 5.2 UNDERWATER & SURFACE MAGNETIC PARTICLE INSPECTION

EQUIPMENT 5.2.1 The M.P.I. unit shall include surface & Subsea unit and shall be able to perform

magnetic particle inspection at surface and at under water depth up to 100m to BS 6072 and BS 4489 ASTM E709 E1444 and DNV OS - F101 submarine pipeline systems, Jan 2000/latest. The unit shall consist of suitable flexible cables (coils), adjustable prods, permanent magnets, electromagnetic yokes,

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U.V. lights, fluorescent and daylight M.P.I. inks and magnetic flux indicators .All sub-surface equipment must be depth rated up to depth of 100 meters.

5.2.2 An isolating transformer shall be included with the system. 5.2.3 The surface control unit shall include an infinitely variable "output control",

an output ammeter and full earth leakage protection with demagnetizing facilities.

5.2.4 The subsea unit shall incorporate an agitation system for the ink supply which

shall be containerized and easily changeable underwater. 5.2.5 The black light source (lamp) shall conform to the requirements of BS 4489

and shall emit and intensity of greater than 200 lux at 0.5 m. It must emit radiation of wave lengths less than 3650 Armstrong.

5.2.6 A digital or analogue U.V. radiometer shall be supplied and the intensity of the

U.V. lamps(s) shall be checked and suitably logged, at monthly intervals, in the presence of the OWNER'S representative on board.

5.2.7 The pods shall be heavy duty, adjustable pole spacing type, fitted with

replaceable lead tips and rated to at least 1500 Amps AC or DC. They shall be supplied with a minimum of 4.5 meter long cables.

5.2.8 The flexible cables (coils/mag loop) shall be at least 12 m. long, continuous

loop, rated at least 1000 Amps AC or DC, 5Volts, continuous duty cycle. The cable shall be fitted with heavy duty, water proof, in-line connectors.

5.2.9 The electromagnetic yokes shall operate with AC or DC, shall have articulated

poles and shall have minimum lifting power of 10 kg at the maximum pole spacing (8 inches or 20 cm) to be used. A standard weighed, 10 kg mild carbon steel test block shall be provided and the yolks shall be tested, and the results logged at the intervals not exceeding 1 month, in the presence of the OWNER'S representative.

5.2.10 The permanent magnets shall have articulated poles and a minimum lifting

power of 45 lb. (20.5 kg). A standard, weighed, 20.5 kg mild carbon steel test block shall be provided and the magnets shall be tested, and the results logged, at intervals not exceeding 1 month, in the presence of the Owner's representative.

5.2.11 Black light photography of M.P.I results may be requested on occasion and any

equipment necessary to obtain the same with the camera systems specified at 5.2 above. The MPI unit shall have all the in-built safety features without hazard to diver and equipment. The equipment shall have approval of classification societies such as M/s Lloyds/ DNV/ BV/ Germanischer Llyod etc for underwater application

5.3 CATHODIC POTENTIAL MEASURING EQUIPMENT 5.3.1 To be a hand held contact probe type incorporating a silver / silver chloride

reference half cell and an illuminated digital display. 5.3.2 To have an accuracy not less than +/-5mv(0.005V).Acceptable calibration

range +/- 50mv.

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5.3.3 One of the units supplied shall incorporate accessories /facilities for

surface read out. 5.3.4 All units shall be complete with charger, spare stainless steel probe tips,

purpose made carrying case, zinc and magnesium test blocks. 5.3.5 The meters and all subsea accessories shall be suitable for water depths down

to 100 meters. 5.4 WATER BLASTING SYSTEM 5.4.1 The system supplied shall be fully containerized in sound proof containers and

shall be capable of efficient marine growth removal from structures at all water depths down to 100 meters. An average cleaning rate of 12 sq.m/hr shall be expected.

5.4.2 The system shall be capable of sustaining continuous 18 hours per day

operations at a minimum working pressure of 10,000 psi at 45 liters /min or more.

5.4.3 All diesel driven systems offered should be fitted with a heat exchanger, or, as a

minimum, a large tropical radiator for use in high temperature. 5.4.4 System shall have grit entrainment facilities, complete with surface grit storage

hopper, 150 m of HP, steel reinforced hoses (for sand) and a sand head. Systems incorporating submersible hoppers are undesirable.

5.4.5 The guns shall be thrust compensated with a dead man valve assembly and

supplied with fan and straight nozzles. 5.4.6. The pump unit shall be fitted with appropriate safety valves and a suitable

high pressure gauge on the pump head. 5.5 COLD CUTTER 5.5.1 Cold Cutter should be able to cut pipes of sizes 4" to 42" and suitable to use in

zero visibility i.e. fitted with guild track or similar. This range should be achieved with a set of 4 to 5 cutters and each covering 3/4 sizes.

5.5.2 Sufficient quantity of cutting blades of each size should be available. 5.5.3 It should be capable of being used up to a water depth of 100 meters and in

vertical as well as horizontal position i.e for risers as well as pipelines. Note : It is understood that machine called MYCO & CLYDE manufactured by

Robert Brothers Engg. Ltd. is most suited for our application and same will be preferred. However, Sub-Contractor can propose alternate makes giving full details and track record regarding operational aspects.

5.6 ULTRASONIC FLAW DETECTOR (UNDERWATER SURFACE REPEATER)

The ultrasonic flaw detector shall work on pulse echo technique & for the double probe technique. Minimum frequency range shall be 2 to 6M Hz. Calibrated gain regulator with Max 2dB per stopover a range of at least 60dB and shall have flat

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screen accessible from the front or direct plotting of reference curves, be capable of displaying user defined curves. It shall allow echoes with amplitude of 5% of full screen height to be clearly detectable under test condition. It shall include underwater and surface straight beam 0ºprobe and 35º,45º,55º,60ºand 70º angle beam probes suitable for use in surface up to 100ºC, with ISO 2400 calibration block. The equipment shall comply to the requirement of DNV OS-F101 submarine pipeline systems.

5.6.1 The system shall be supplied complete with compatible surface and

underwater units for simultaneous viewing by the diver operator and an NDT specialist on surface.

5.6.2 The underwater unit and its accessories shall be depth rated up to 100 m water

depth. 5.6.3 The units shall be supplied with a minimum 200 m, of armored cable fitted

with suitable connectors. 5.6.4 A range of probes, both compression and shear wave, shall be supplied

suitable for use both under and above water for inspection of tubular welds, wall thickness from 4 mm to 100 mm.

5.6.5 The units shall be supplied complete with battery charger and all required

connecting cables and accessories. 5.6.6 Suitable calibration blocks shall be supplied including stepped blocks for

compression mode calibration.

The unit shall have approval of classification societies such as M/s Lloyds/DNV/BV/Germanischer Llyod etc for underwater application.

5.7 Radiography Equipment

It shall be capable of performing radiographic testing of welded joints of pipes up to the diameter of 42" in general compliance with ISO 1106 -1,2,3 & ISO 5579.

The Radiography equipment shall meet the requirement of DNV OS-F101 Submarine pipeline system Jan 2000.

5.8 ELECTRO MAGNATIC ARRAY (EMA) DETECTION SYSTEM 5.8.1 EMA crack detection system (LIZARD DIVESCAN OF M/S MILL-STRONG LTD.

UK OR EQUIVALENT) should be a field proven system, capable of detection and sizing of cracks on underwater structural members/weldments up to 100 M water depth. Technique should be such that crack detection should be possible without requiring cleaning to bare metal finish. The equipment should have approval of classification societies like M/s Lloyds/M/s DNV/ Germanischer Llyod/ BV etc. for under water application.

5.8.2 The system to be supplied will be fully sufficient for independent operation and

should require minimum underwater tasks which can be safely and conveniently performed by diving personnel.

NOTE:

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Lizard Dive Scan of M/s Millstrong Ltd., UK is known to be latest technique for subsea crack detection. Main advantage is that the technique does not require cleaning to bare metal finish as is required in using MPI technique. If Contractor proposes any equivalent system, then full detail including track record, classification societies approval, ease of operation etc. may be provided after obtaining approval from Contractor/Owner.

5.9 SELF CONTAINED GROUTING SPREAD

It should be capable of storing, mixing, pumping and transfer of cement grout from vessel deck to grout bags placed at the sea bed for pipeline freespan/ cross over supporting / remedial jobs upto 100mt water depth . The grouting spread shall be complete with necessary prime moover, equipments, controls, and hoses. The detailed specification of grouting spread shall be got approved before mobilisation.

5.10 HIGH DISCHARGE AIR COMPRESSOR Compressor with minimum rating of 600-800 cfm, 15-20 kg/ cm2 required. 5.11 DGPS SYSTEM – NOT APPLICABLE. 5.12 INSTRUCTION TO SUB-CONTRACTOR 5.12.1 The Sub-Contractor should confirm that he shall provide full technical

specifications including sales leaflets/ brochures/ literature, of all items of equipment with valid calibration certificate and approval of classification societies such as like M/s Lloyds/M/s DNV/ /BV etc. and obtain approval of Owner's/Contractor’s representative before actual mobilization onboard.

5.12.2 Equipment will be mobilised/demobilised at 6 days notice. During any period of

prolonged non-use of any equipment the Sub-Contractor shall carry out periodical tests/ demonstrations in the presence of a representative of the Owner/Contractor and a report to the effect shall be issued by the Sub-Contractor.

5.12.3 Equipment rental will be payable as per actuals including mobilization and

demobilization charges. In case any of the above equipment is found to be defective/non-operational, the Breakdown Clause 9.0 of Annex II shall apply for the period from its last satisfactory use/demonstration (whichever is later) until it becomes operational.

5.12.4 The maintenance and operation of all of the above equipments mobilised under

this contract, shall be responsibility of the Sub-Contractor. 6.0 Operational Consumables, Spares and Maintenance Cost.

6.1 Contractor (SCI) has a well defined material purchase policy. All the materials

will be purchased by SCI based on the Indents from the Vessel. Subcontractor will not invite quotations from prospective Suppliers on behalf of SCI. No indents to be raised from the vessel on a particular Supplier if he is not OEM of the system/material on which indent is made.

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6.2 The Sub-Contractor will, if instructed by the Contractor shall supply material/ spares/ consumables against the indents/ requisitions approved by Owner/Contractor during the contract period. Requisitions/ indents will be jointly prepared by Contractor’s representative/Sub-contractor’s representative ONGC representative keeping in view consumption pattern, lead time, inventory level, PMS schedule etc, Owner may process some of the indents directly.

It is clarified that it will not be mandatory for the Sub-contractor to procure

material / spare etc. specifically required for PMS schedule falling due beyond the contract period. However, Subcontractor may recommend for the future requirement.

6.3 As indicated above the Sub-contractor shall be responsible for smooth

operations as well as for maintenance (running, scheduled, breakdown & preventive maintenance) including condition monitoring using vibration techniques and annual technical audit by OEM for all Diving systems. The Sub-Contractor’s responsibility will include but not limited to proper forecast and supply of all necessary consumables/spares and effecting repairs for all diving equipments as specified in scope of work. If additional personnel/ experts / OEM engineer etc. are required for above purpose, the same should be arranged by the Sub-contractor. Payment of operational consumables and maintenance cost will be at actuals plus 5% Service charges.

6.4 In general Owner will provide following things: Fuel, water, diving gas, lubricating oils, catering items like provisions, , house

keeping consumables and routine medicines (excluding medicines exclusively required for Marine and Diving as per Solas and DMAC guidelines), items/ material required exclusively for repair/maintenance of ONGC's other installations like platform , rigs, SBM's , pipelines, risers, boat mooring buoys , subsea completion etc.

6.5 Only genuine spares for equipment/ machineries will be allowed to be used

on the vessel, which may be procured from the OEM/ OES or his licensee or recognized dealer. Sub-Contractor will purchase the materials only on receipt of approval from Owner/Contractor base office. Any substitution must be got approved from Owner/Contractor with due justification.

6.6 Subcontractor will be responsible for all upkeep, maintenance and repairs of

diving equipments of the vessel and will be handed back in good working condition in all respects (fair wear and tear excepted) at the end of the contract. During hand over, the list of non-operational diving equipment, outstanding preventive maintenance and surveys, condition of class and outstanding indents will be prepared by Owner, Contractor, Subcontractor and subsequent contractor which will be binding between the parties.

7.0 DIVING PERSONNEL Qualification and experience requirement of Diving personnel (including callout

personnel) will be as under. Experience as trainee or under evaluation under respective category will be reckoned while considering the fulfillment of experience criteria. Payment will be governed as per Clause 8.0 of Annexure-I of Contract. Contractor shall provide following:

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1. Regular diving crew as per Annexure IIIA. 2. Experts on Call out basis as per Annexure IIIB. 3. Equipments on Call out basis as per Annexure IIIC.

7.1 PERSONNEL EXPERIENCE

7.1.1 Store Keeper ( required on-board Samudra Sarvekshak also)

1 He should have a valid medical certificate from any registered medical practitioner.

2 He should be minimum ITI certificate holder with computer working knowledge

and at least 1 year experience in store activities or he should have minimum 730 days experience as a store keeper in MSVs/ DSVs.

7.2 DIVING PERSONNEL EXPERIENCE (REGULAR CREW) 7.2.1 TENDER DIVER The tender diver must have - 1. Valid diving medical certificate from doctor recognised by HSE, UK for the

purpose or from Naval doctor specialised in diving. 2. Valid clearance diver certificate from Indian Navy; OR HSE PART-I or equivalent or equivalent certificate from HSE, UK. OR any other certificate recognised by HSE, UK or IMCA,UK as equivalent

certificate. 3. He should have experience of 6 weeks as tender diver on DP DSV/ MSV or

should have completed 6 weeks familiarisation onboard DP DSV/ MSV as a trainee tender diver with assessment/appraisal report by Diving Superintendent and Owner’s Representative.

7.2.2. AIR CONSTRUCTION DIVER Air Construction diver must have - 1. Valid diving medical certificate from doctor recognized by HSE, UK for the

purpose or from Naval doctor specialized in diving. 2. He should be in possession for more than two years valid clearance diver

certificate from Indian Navy or HSE part -I or equivalent certificate from HSE, UK or any other certificate recognized by HSE, UK or IMCA, UK as equivalent certificate.

3. Minimum 100 logged dives experience out of which minimum 75 (excluding

scuba diving) should have been in connection with offshore oilfield operation, rig certification etc. Log book evidencing experience compliance should be available.

7.2.3 AIR NDT DIVER

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Air NDT diver must have 1. Valid diving medical certificate from doctor recognized by HSE, UK for the

purpose or from Naval doctor specialized in diving. 2. He should be in possession for more than two years valid clearance diver

certificate from Indian Navy or HSE part -I or equivalent certificate from HSE, UK or any other certificate recognised by HSE, UK or IMCA, UK as equivalent certificate.

3. Minimum 100 logged dives experience out of which minimum 75 (excluding scuba

diving) should have been in connection with offshore oilfield operation, rig certification etc. Log book evidencing experience compliance should be available.

4. Valid NDT certificate from DNV/ Lloyds/ABS/ BV/ CSWIP in following underwater

NDT techniques: a) CP measurement b) UT measurement c) MPI OR Any other certificate covering these techniques recognised by DNV/ Lloyds/ ABS/

BV/ CSWIP/ IMCA as equivalent certificate. 7.2.4 SATURATION CONSTRUCTION DIVER Saturation Construction diver must have - 1. Valid diving medical certificate from doctor recognized by HSE, UK for the

purpose or from Naval doctor specialized in diving. 2. He should be in possession for more than three years valid clearance diver

certificate from Indian Navy or HSE part -I or equivalent certificate from HSE, UK or any other certificate recognized by HSE, UK or IMCA, UK as equivalent certificate.



4. Valid HSE PART-II or equivalent certificate from HSE, UK or any other

certificate recognized by IMCA, UK or HSE, UK as equivalent certificate. 7.2.5 SATURATION NDT DIVER Saturation NDT diver must have - 1. Valid diving medical certificate from doctor recognized by HSE, UK for the

purpose or from Naval doctor specialized in diving.

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2. He should be in possession for more than three years valid clearance diver certificate from Indian Navy or HSE part -I certificate or equivalent from HSE, UK or any other certificate recognized by HSE, UK or IMCA, UK as equivalent certificate.



4. Valid HSE PART-II or equivalent certificate from HSE, UK or any other certificate

recognized by IMCA, UK or HSE, UK as equivalent certificate. 5. Valid NDT certificate from DNV/ Lloyds/ ABS/ BV/ CSWIP in following NDT

techniques: a) CP measurement b) UT measurement c) MPI OR Any other certificate covering these techniques recognized by DNV/ Lloyds/ ABS/

BV/ CSWIP/ IMCA as equivalent certificate. 7.2.6 ASST.LIFE SUPPORT TECHNICIAN Asst. life support technician must have - 1. Valid medical certificate from any registered medical practitioner. 2. Valid ALST course completion certificate from any IMCA, UK recognized

institute or HSE PART-II or equivalent certificate from HSE, UK or any other certificate recognized by HSE,UK or IMCA,UK as equivalent certificate.

3. He should have experience of 6 weeks as ALST on DP DSV/MSV or should have

completed 6 weeks familiarization onboard DP DSV/MSV as a trainee ALST with assessment/appraisal report by Diving Superintendent and Owner’s Representative

7.2.7 LIFE SUPPORT TECHNICIAN Life support technician must have - 1. Valid medical certificate from any registered medical practitioner. 2. Valid LST certificate from IMCA, UK or any other certificate recognized as

equivalent by IMCA, UK. 7.2.8 AIR DIVING SUPERVISOR Air diving supervisor must have -

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1. Valid medical certificate from any registered medical practitioner. 2. He should be in possession for more than four years valid, HSE PART-I or

equivalent certificate from HSE, UK or Clearance Diver certificate from Indian Navy or any other certificate recognized by HSE, UK or IMCA, UK as equivalent certificate.

3. Minimum 200 logged dives experience as a diver out of which minimum 100

dives/lockouts from DP DSV's. Log book evidencing experience compliance should be available.

4. Air diving supervisor certificate from IMCA, UK or clearance diver-I certificate

from Indian navy with supervisory endorsement. 5. Minimum onboard experience of 42 days supervision from DP DSV's/MSV's

engaged in offshore oilfield related works after obtaining air diving supervisor certificate from IMCA/ after gaining experience as a diver as per clause 7.2.8 point 3 above.

7.2.9 SATURATION DIVING SUPERVISOR Saturation diving supervisor must have - 1. Valid medical certificate from any registered medical practitioner. 2. Valid saturation (Bell) diving supervisor certificate from IMCA, UK or any other

certificate recognized by IMCA, UK as equivalent certificate. 3. Minimum onboard experience of 42 days supervision from DP DSV's/MSV's

engaged in offshore oilfield related works after obtaining saturation (bell) diving supervisor certificate.

7.2.10 DIVING SUPERINTENDENT Diving superintendent must have - 1. Valid medical certificate from any registered medical practitioner. 2. He should be in possession for more than five years valid saturation (Bell)

diving supervisor certificate from IMCA, UK or any other certificate recognized by IMCA, UK as equivalent certificate.

3. Minimum onboard experience of 360 days as Diving superintendent working from

DP DSV's/ MSV's engaged in offshore oilfield related works The vessel is fitted with HRL Boat, which forms the part of Diving spread. The

maintenance/upkeep of this boat is direct responsibility of Diving Supdt. except for the items fitted on board for navigation and sustaining life at sea. Any assistance required for maintenance/upkeep of HRL Boat will be provided by the Chief Engineer.

7.2.11 DIVING BASE MANAGER Diving base manager must have -

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1. He should be fully conversant with diving practices, procedures and regulations. 2. He should have minimum four years experience in diving industry out of which

minimum two years (360 logged days) onboard experience as diving superintendent or diving supervisor (sat) or inspection engineer.

3. He should have an engineering background, with a minimum of 2 years diving

related construction offshore field experience on DP DSV/MSV or 2 years(360 logged days) additional offshore experience as point 2 above.

7.2.12 MECHANICAL TECHNICIAN Mechanical technician must have - 1. Valid medical certificate from any registered medical practitioner. 2. He should be in possession for more than two years valid trade certificate like

ITI or Diploma in mechanical engineering or any other foreign trade certificate recognized by IMCA, UK as suitable trade certificate.

3. Minimum 360 days onboard experience on diving system maintenance/

commissioning etc. 7.2.13 ELECTRICAL TECHNICIAN Electrical technician must have - 1. Valid medical certificate from any registered medical practitioner. 2. He should be in possession for more than two years valid trade certificate like

ITI or Diploma in electrical or electronic engineering or any other foreign trade certificate recognized by IMCA, UK as suitable trade certificate.

3 Minimum 360 days onboard experience on diving system

maintenance/commissioning etc. 7.2.14 ASST.REPORT CO-ORDINATOR Asst. report co-ordinator must have - 1. Valid medical certificate from any registered medical practitioner. 2. Minimum diploma certificate in any branch of engineering or any other foreign

certificate recognized by IMCA, UK as equivalent certificate. 3. Minimum 3 weeks computer course certificate from any reputed institute. 4. Photography developing and printing course certificate from any reputed

institute. 5. ASNT Level-I NDT certificate including UT and DP technique from any ASNT

Level-II qualified person/ recognized institute or any other certificate recognized by DNV/ Lloyds/ ABS/ BV/ CSWIP/ IMCA as equivalent certificate.

7.2.15 REPORT CO-ORDINATOR

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Report co-ordinator must have - 1. Valid medical certificate from any registered medical practitioner. 2. Minimum diploma certificate in any branch of engineering or any other foreign

certificate recognized by IMCA, UK as equivalent certificate. 3. Minimum 3 weeks computer course certificate from any reputed institute. 4. Photography developing and printing course certificate from any reputed

institute. 5. ASNT Level-II NDT certificate including UT, DP and MPI technique from any

ASNT Level-III qualified person/ recognized institute or any other certificate recognized by DNV/ Lloyds/ ABS/BV/ CSWIP/ IMCA as equivalent certificate.

6. Minimum 360 days onboard experience on diving related inspection/ project

work. 7.2.16 SURFACE WELDER Surface welder must have - 1. Valid medical certificate from any registered medical practitioner. 2. He should be in possession for more than two years valid 6G/ 6GR welding

proficiency certificate for pipe and plate from agencies like DNV/ Lloyds/ ABS/ BV/ CSWIP/ AWS/IMCA or any other certificate recognized by these agencies as an equivalent certificate.

NOTE: 1. Subcontractor should ensure that all individuals deployed by them fulfill the

minimum requisite criteria as well as any applicable National or International regulations including Health Safety and Labour Welfare Laws as well as security procedures, STCW, etc.

2. All divers will be required to undertake surface work on SBM's , Platform

spider decks, riser or any similar jobs. 3. All divers shall be required to carry out maintenance work for example

chipping, painting on the vessel, its system, jackets, SBM's, risers etc. as and when required.

4. ONGC reserves the right to request removal of any individual as per clause

No 8.13 of Annex-I 5. Qualification/ Experience stated under various categories will be verified by

ONGC/Contractor/certification agency before deployment or at any time during contract period. Subcontractor must provide requisite diving log book/ attendance sheets/ panel hour record book etc. to the satisfaction of ONGC/Contractor/certification agency.

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6. If at any stage it becomes known that the individual deployed by the contractor was not fulfilling requisite qualification/ experience criteria, then irrespective of whether the individual was previously approved or not by ONGC, the payment made if any for such individual will be recovered from the Subcontractor.

7. All diving personnel should possess their original certificates while on duty

onboard the vessel. 7.3 CALL OUT PERSONNEL In accordance with job requirements, the Owner shall authorize the Contractor

to mobilize any categories of personnel on call out as per Annexure III-B as and when required. The mobilization shall be done at the earliest opportunity, depending upon the urgency, but not later than 6 working days from the date of authorization . The diving crew on call out should meet following requirements:

7.3.1 SURFACE WELDER As applicable for regular crew. 7.3.2 ULTRASONIC INSPECTOR / DIVER The Ultrasonic Inspector/Diver must : i) have a valid diving medical certificate from doctor recognized by HSE, UK for the purpose or from Naval doctor specialized in diving. ii) have a valid internationally recognized saturation diving certificate. iii) have a valid CSWIP 3.6 or equivalent ultrasonic certificate to use flaw detector. iv) have a minimum of 2 years commercial inspection diving experience. v) be familiar with the ultrasonic flaw detection equipment. vi) have valid up-to-date diving log books signed by previous employer(s). 7.3.3 X-RAY TECHNICIAN X-ray Technician must - i) have valid medical certificate from registered medical practioner. ii) have trade certificate for radiography. iii) have one year relevant experience. 7.3.4 CONSTRUCTION SUPERINTENDENT/EXPERT The Construction Superintendent must - i) have a valid medical certificate from registered medical practioner.

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ii) have a minimum of 5 years offshore construction experience directly involved with the construction activities of which at least 2 years must have been in a relevant supervisory position.

7.3.5 Saturation NDT Diver/Saturation Construction Diver/Air NDT Diver/ Air

Construction Diver/Air Diving Supervisor : As applicable for regular crew. 7.3.6 TOPSIDE TECHNICIAN FOR EMA CRACK DETECTION The technician should have : i) valid medical certificate from registered medical practitioner. ii) DNV/ Lloyds or equivalent certificate for operating the EMA crack detection

system, analysis and interpretation of the results and reporting. iii) Capable of training the divers suitably for underwater work involved in connection

with use of this system. iv) Technician should be capable of organizing the complete task along with diving

team members of the Contractor and should have relevant previous experience/ training in the use of the equipment.

v) Technician will be fully responsible for planning crack detection programme,

executing the same with available diving crew, interpretation of results and preparation of final report.

7.3.7 Rigger/ fitter i) Valid medical certificate from registered medical practitioner. ii) He should have a relevant trade certificate like ITI or he should have shop floor

experience of minimum 1 year in similar category. 7.4 Copies of certificate supporting qualification and experience have to be submitted

while actually deploying personnel on the vessel atleast 7 days before they are to join the vessel. All diving personnel should possess their original certificates while on duty onboard the vessel.

7.5 All diving personnel to be deployed offshore should possess first aid, personnel

survival technique (PST), Personnel safety social responsibility (PSSR) and basic fire fighting (BFF), Helicopter Underwater Escape Training (HUET) certificate, as per STCW 95.

8.0 EXPERIENCE RELAXATION FOR INDIAN PERSONNEL 8.1 The Sub-Contractor, if so desire, can keep Indian Personnel with suitable

background as trainees on the vessel or at base with prior approval of Owner/Contractor. Such trainees after experience of 180 logged days training will be given independent charge of operations under the supervision/ watch of qualified regular persons for 6 weeks for evaluation. On the strength of evaluation made by concerned officers and Owner/Contractor, trainees will be included in the regular team.

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8.2 In case any Indian personnel not fulfilling the experience criteria as stipulated in

Clause 7.1 but having experience of 180 logged days or more in the capacity of trainee onboard any DP MSV/DSV owned or chartered by ONGC, he will also undergo same 6 weeks evaluation as described in Clause 8.1 above.

8.3 Trainees will be provided lodging, boarding and transportation from Juhu

Helibase/Nhava base to vessel and back. No day rate to Trainees will be paid during training period.

NOTE Logged days referred in this section (Cl.7 and 8) will mean offshore days. 9.0 No reduction or increase in the crew will be effected by the Sub-Contractor

without prior approval of Owner/Contractor. 10.0 The Sub-Contractor will ensure that the operations are carried out by competent

personnel and internationally recognized safe working practices are adhered to.

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REPORTING ( AT NO ADDITIONAL COST TO THE OWNER/CONTRACTOR ) The following reporting system shall be adopted and may be further modified by the Owner at any time to meet the work requirements. 1.0 Daily reports shall be prepared giving all the details required for evaluation of vessel

performance, deployment and utilization. 2.0 Weekly statistical summaries shall be prepared on board the vessel and shall be sent

ashore each week and submitted by Saturday of the following week. 3.0 Monthly summary reports shall be prepared and shall list all cumulative statistical data

from the daily and weekly reports for evaluation of vessel utilization/ performance which includes breakdown/ non utilization of the vessel. This report shall be submitted within 10 working days after month end. Invoice for the subsequent month shall not be processed unless the monthly Summary report for the previous month has been submitted. For example, unless the monthly Summary report for the month of January has been submitted, invoice for the month of February shall not be processed.

Cost of purchases with lists of invoices shall be furnished to Contractor(SCI) as a part of the monthly Summary report.

4.0 Any unusual occurrences noticed, breakdown, accidents etc. shall be reported

immediately via radio contact to the base followed by written confirmation within 7 days. 5.0 SUMMARY INSPECTION REPORT

A summary report of the findings of each jacket inspection shall be submitted within 10 working days of the first hand information being received from the vessel by the Sub-Contractor, or along with the invoice of the said month, whichever is earlier. Two copies shall be required by the Owner/Contractor & shall include key drawings and photographs, and not limited to, the following information which shall be presented with regard to the various jacket levels :

5.1 Spider deck plan including riser plan at spider deck , number of conductors, location of

appurtenances (boat landing, Sump casing, Fire Water casing) etc. 5.2 All damages/ abnormalities/defects observed. 5.3 Anode wastage for sacrificial anode > 70%. 5.4 Cathodic potentials (CP) on structural members, caissons, risers, sacrificial anodes Outside range -0.8V to -1.10V (Ag/Agcl) on steel components Outside range -0.9V to -1.20V (Ag/Agcl) on sacrificial anodes 5.5 Corrosion on the structural components,

Pitting > 2mm deep, To note the intensity of coverage, wall thickness and possibly a

surface profile (Aquaprint) taken.

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5.6 Flooded members Tubular members not designated as being flooded and then subsequently found to

contain water are therefore not reflecting the design intent and should be reported. The flooding percentage should be determined and a NDT of the welds, either end of the flooded member, should be performed.

5.7 Weld defects Crack or linear indication should be reported Undercut > 2mm deep and 10mm long 5.8 Wall thickness A measured value that is less than 75% of the design (specified) wall thickness. The report should highlight any urgent remedial work. 6.0 FINAL INSPECTION REPORT 6.1 General Requirement 6.1.1 Great care should be taken to document all recorded data and the final inspection report

shall be supported by drawings, photographs and video logs. The report shall be further supported by all negatives, slides and video tapes separately indexed, catalogued and cross referenced to the main report.

6.1.2 All inspection/maintenance reports shall include a comprehensive statistics

section detailing all relevant operational, diving, R.O.V (if applicable) inspection and maintenance statistics for that location.

6.1.3 A draft of the final report for a given location/ job shall be submitted to the

Owner/Contractor within 28 days of the job being completed , or with the invoice for the following month, whichever is earlier. The draft report shall be a complete copy of the final report and shall include all photographs, photograph proof sheets and copies of any video tapes.

6.1.4 The Owner/Contractor will review and approve/reject the draft report within 10 days of its

receipt. The draft report will then be returned, to the Sub-contractor for any required corrections/amendments to be made.

6.1.5 Upon receipt of the returned draft report the Sub-contractor shall see to any

changes/corrections required. After correction, the original and 1 complete, numbered, copies of the report shall be issued to the Owner/Contractor within 7 days of the draft being returned.

6.1.6 The original and 1 copy shall include complete, made up, photographic mosaics of each

of the welds specified for detailed inspection (if required). 6.1.7 The original and one copy of all video tapes shall be issued to the Owner/Contractor,

along with detailed video logs, with the final report. 6.1.8 The Sub-contractor shall not retain any copy of any report, in part or in whole, upon

expiry of the contract.

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6.1.9 All first hand report information or field data shall be bound separately and shall be

issued to the Owner/Contractor along with the final report. 6.1.10 Each and every results section/subsection of the final report shall include text

summarizing the inspection procedures used and the results obtained, followed by any drawings, data sheets and photographs necessary to support or illustrate the findings.

6.1.11 The top of each and every page shall show the report reference number. 6.1.12 All copies of reports and all field data shall be presented in 3 or 4 ring, hard spined

binders with suitable labeling on the spine and front cover. 6.1.13 All reports will be appropriately sectioned with dividers for ease of reference. Each

divider shall incorporate a table of contents for that section. 6.1.14 Page numbers shall be placed at the top outside corner of all report text pages and

drawings. It is not necessary to page number photoboards. 6.1.15 A table of contents shall be presented at the beginning of all reports and shall be

referenced to all section and subsection headings. 6.1.16 All report pages shall be printed on 100 gram white paper and all large reports shall be

printed both sides to reduce their thickness. 6.1.17 The Sub-contractor's logo(s) shall not appear on any data sheets/drawings/photoboards

or text pages. 6.1.18 All photographs shall be neatly mounted on white card photo boards. Wherever possible

photographs should be mounted on both sides of photoboards. 6.1.19 All photographs shall be numbered consecutively through the report in simple numerals.

All photograph titles shall incorporate the reference number of the negative from which the photograph was printed.

6.1.20 All proof sheets (contact prints) shall be mounted on white card photoboards and a

photo log shall be incorporated with each proof sheet. 6.2 Report Referencing 6.2.1 All reports submitted shall retain the reference number which was issued on the

scope of work/work order. The reference numbers will be in the format : Year / Job No. / Location (s). Job numbers will run consecutively for that year regardless of location and will be allotted by the Owner.

6.2.2 For drawings/ video-tapes/ films the report reference number shall be retained and the

drawing/video tape/film number added to it followed by a suffix which designate what the number refers to for example- 84/029/SF/06-F ..... Film 6 of Report 84/029/ SF

6.3 Drawings 6.3.1 The Owner/Contractor will provide the Sub-contractor with topographical field layout and

jacket as- built / isometric or approved for construction (A.F.C.) drawings for reference.

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6.3.2 Further to these the Sub-Contractor shall prepare, for all surveys, localized field maps, elevations, plans and orientation drawings of the structure, and survey reference drawings indicating the location and type of all measurements taken.

6.3.3 Detailed drawings shall be prepared to illustrate any damage or anomalies. 6.3.4 Sketches shall also be made on the data tabulation forms indicating the location of each

reported measurement, photograph, cathodic potential reading, ultrasonic thickness reading or magnetic particle inspection.

6.3.5 All original drawings shall be made on drafting film unless agreed otherwise and

wherever possible drawings should be prepared A3 size and reduce xeroxed for presentation in the final report. Where applicable drawings shall display jacket orientation and true north.

6.3.6 The Sub-contractor shall avoid the use of light colors in graphics. Wherever possible

graphics should be designed for presentation in one color (black) only. 6.3.7 All original transparencies (drawings) and master copies (wherever provided) shall be

returned to the Owner. 6.3.8 All dimensions and measurements shall be presented in metric units. Where the original

data presented for confirmation is given in imperial units the results shall be presented in metric followed by the material equivalent in brackets.

6.3.9 All reference indicators shall conform to the Owner’s standard co-ordinate system. 6.3.10 Field measurements shall be clearly distinguishable from measurements taken from

drawings. Details shall be drawn to a scale which enables proper interpretation of the results.

6.3.11 All drawings, including isometric drawings of all levels, CGF, appurtenances and

damages should also be submitted in Auto-cad-Rel 14.0 (or as per the version of Auto-cad prevalent ) in form of floppy at the time of submitting draft report.

6.4 Report Layout

The reports shall be presented in a standardized format. The report contents shall conform to the major heading outline as follows :

SECTION -I

1.1 Introduction To include any history of previous inspections/remedial works. 1.2 Scope of work A summary of the scope of work as issued for that location. 1.2.1 Scope of work ..... Inspection 1.2.2 Scope of work ..... Remedial works 1.2.3 Amendments to scope of work

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Any additions/deletions/modifications made to the original scope of work after it was issued, to include date of amendment, by whom, and how received (i.e. verbally, in writing, via radio or by telex etc.).. 1.3 Summary of Findings To be a complete, concise, summary of all findings. The summary should be presented in tabular form wherever possible and should include such details as maximum and minimum C.P. readings, maximum thickness of hard and soft marine fouling, anode wastage range etc. for each level. The members on which the maximum and minimum values were obtained shall be listed with the readings. The summary shall also include a tabulated check list of work done /remaining to be done against the issued scope of work. 1.4 Remedial works carried out To include a detailed list of all consumables used. 1.5 Recommendations To include any observations which should be noted for future visits to the location as well as the Subcontractor's recommendations regarding any repairs needed to improve and serviceability of the platform /risers/pipelines. 1.6 Diving and Inspection/Remedial works statistics A detailed statistical breakup of the time spent at the location. 1.7 Field drawings To include copies of all field (including pipelines) and complex layout drawings as well as line diagrams pertaining to that location. SECTION-2 This section of the report shall present all the results/findings of the inspection of the jacket excluding the selected welds the various appurtenances, the risers and the pipelines. The section shall be sub-divided as shown below : 2.1 As-built Survey / General Visual Survey Results To include conductors/conductor guides and the results of the C.P. survey. 2.2 Damage 2.3 Spider deck and splash zone 2.4 Anode inspection 2.5 Marine growth survey 2.6 Debris

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2.7 Scour/Exposed piles and mudmats 2.8 Conductors/conductor guides. SECTION-3 ATTACHMENTS 3.1 Boatlandings/Fenders 3.2 Launching Skids/Trusses etc. SECTION-4 : GENERAL VISUAL WELD INSPECTION SECTION-5 : INSPECTION OF SPECIFIED STREESS WELDS SECTION-6 : RISERS AND PIPELINES 6.1 Risers 6.2 Pipelines SECTION-7 : MISCELLANEOUS 7.1 Calibration data 7.2 Video logs 7.3 Contact prints/photo logs SECTION-8 : FIELD DATA

7.0 REPORT PROFORMAS 7.1 The Owner/Contractor has also documented a inspection and reporting requirements manual which describes the procedures for documentation for underwater inspection and reporting requirements, detailed NDT inspection techniques and procedures for inspection. This IRR is under revision as per the recommendation of certification agency. Sub-contractor is required to follow this document (its revision thereof) during underwater inspection. In inspection reports to provide concise location referencing of the structure, where applicable each data sheet is to be augmented with an appropriate key drawing. The report should include but limited to following informations/details : 1) General Report Pages. 2) Signature /Introduction page. The first page inside the cover sheet and before the table of contents should be a formal introduction dealing all relevant information regarding the structure, inspection, Sub-contractor etc.. It should also include a summarized conclusion and signature of the Sub-contractor's Diving Manager and the person who approved the draft report on behalf of the Owner.

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3) Operations Statistics. 4) Diving Statistics 5) R.O.V. Operational/Inspection Statistics 6) Jacket Inspection Statistics 7) General Inspection/Maintenance Statistics 8) General Inspection Results 9) Conductor /Conductor Guide C.P. readings. 10) Anode Inspection 11) Jacket Leg Marine Growth Survey 12) Jacket Bracings Marine Growth Survey 13) Debris Report 14) Scour Survey 15) Boat Landing Stage Inspection 16) Sump Pipe Inspection 17) General Visual Weld Inspection 18) Detailed Weld Inspection Report Incorporating the node/weld drawing, procedures summary, damage records, inspection summary, visual and MPI reports, CP and UT readings etc. To be presented A3 sized. 19) M.P.I. Report For use when MPI is carried out on an area of damage etc. not normally used during routine weld inspections. 20) Wall Thickness and CP Report for weld inspections. 21) Post-grinding M.P.I. Report 22) Riser Key Plan 23) Riser Inspection Summary 24) Riser Splashzone Inspection Report 25) Riser Inspection Report 26) Riser and Tubeturn Elevation 27) Riser Marine Growth Survey

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28) Pipeline Inspection 29) Calibration Data 30) Video Log 31) Photographic log 32) Wall thickness report 33) Cathodic Protection Report 7.2 The details of types of inspection are given below : Inspection Type -I General visual examination which is to include. a) Structural integrity that is to account for all members. b) Integrity of cathodic protection system that is to account for all anodes and estimate their average wastage. c) Marine growth status including on anodes d) Location of debris Inspection Type-II Visual inspection of nodes to determine a) Structural integrity of nodes b) Weld integrity (visual) c) Corrosion pitting Inspection Type-III Detailed inspection of nodes (including MPI) to include a) To detect cracks and corrosion b) To establish level of CP increases of nodes. c) Ultrasonic measurements. d) To determine non visible cracks (MPI). Inspection Type-IV to include a) To determine any structural integrity, failing in the riser from + 20' to bottom and upto 50' of pipeline

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b) To determine extent of MG and its removal c) To locate any corrosion on riser d) To measure protection level e) To measure wall thickness Inspection Type-V to include a) Extent of scour around the platform Inspection Type-VI to include a) Cathodic protection measurement on entire platform giving an overall view. Inspection Type-VII to include a) Cleaning MG from a strip on main leg from (-) 10 ft. to top of splash zone. b) Recording thickness every 1/2 meter. c) Corrosion check 7.3 The invoice for the last month of the contract shall be submitted with all the reports,

as mentioned above, without which the invoice shall not be entertained. 8.0 Job completion report for other than NDT Inspection (miscellaneous reports) 8.1 Summary Report (2 copies) After completion of any repair/maintenance/modification survey job etc., a summary report shall be submitted latest within a period of 10 days, giving the salient points (two copies). 8.2 Final Report (2 copies) 8.2.1 A draft of the final report for a given location/job shall be submitted to the Owner within 28 days of the job being completed or with the invoice for the following month, whichever is earlier. The draft report shall be a complete copy of the final report and shall include details, procedures followed, sketches, drawings photographs, observations, time back-up and all other relevant as well as details required to arrive at the cost of the job. 8.2.2 The Owner will review and approve/reject the draft report within 10 days of its receipt. The draft report will then be returned, to the Sub-contractor for any required corrections/amendments to be made. 8.2.3. Upon receipt of the returned draft report the Sub-contractor shall see to any changes/corrections required. After correction, the original and 1 complete, numbered copy of the report shall be issued to the Owner within 7 days of the draft being returned. Auto-cad drawings of all sketches shall also be submitted in floppy.

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Annexure III A. Crew Complement for Regular Diving Crew Sl. No

Category No. of Personnel for S/ Sevak

No. of Personnel for S/ Prabha

1 Diving Superintendent 1 1 2 Air Diving Supervisor 1 1 3 Saturation Diving

Supervisor 2 2

4 Life Support Technician 2 2 5 Asst. Life Support

Technician 2 2

6 Mechanical Technician 2 2 7 Electrical Technician 1 1 8 Report Co-ordinator 1 2 9 Asst. Report Co-ordinator 1 Nil 10 Saturation NDT Diver 6 6 11 Saturation Construction

Diver 4 4

12 Air NDT Diver 1 1 13 Air Construction Diver 1 1 14 Tender Diver 2 2 15 Surface Welder 1 1 16 Store Keeper 1 1 Total on board 29 29

17. Diving Base Manager 1 1

18. Store Keeper of Samudra Sarvekshak

Nil 1 ( On board Samudra Sarvekshak) [Base Manager not required as a part of regular manning for Samudra Sarvekshak]

In addition to above Subcontractor would provide following personnel :

1. Trainees (Maximum 4 Nos. on 2 vessels) will be required. For Trainees Lodging &

boarding on board and transportation from base to offshore and back will be provided by the Contractor.

2. The regular manning for Samudra Sevak may be reduced to any level as per ONGC requirement.

3. The cost of services required for Samudra Sarvekshak will be included in Samudra Prabha expenses. The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for evaluation purpose and calculation of Annual Contract Value.

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Annexure III B Callout Personnel for S. Sevak & S. Prabha 1. Construction Superintendent/ Expert 2. Saturation NDT Diver 3. Saturation Construction Diver 4. Air NDT Diver 5. Air Construction Diver 6. Surface Welder 7. Rigger/ Fitter 8. Air Diving Supervisor

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Annexure III C

Callout Equipment for S. Sevak and S. Prabha separately. 1. X-ray equipment with technician 2. High discharge air compressor

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APPENDIX I A. Price format for Regular Diving Crew

Sl. No Category No. of Personnel for S/ Sevak

No. of Personnel for S/ Prabha

Day rate applicable per person per day

INR 1 Diving Superintendent 1 1 2 Air Diving Supervisor 1 1 3 Saturation Diving

Supervisor 2 2

4 Life Support Technician 2 2 5 Asst. Life Support

Technician 2 2

6 Mechanical Technician 2 2 7 Electrical Technician 1 1 8 Report Co-ordinator 1 2 9 Asst. Report Co-ordinator 1 Nil 10 Saturation NDT Diver 6 6 11 Saturation Construction

Diver 4 4

12 Air NDT Diver 1 1 13 Air Construction Diver 1 1 14 Tender Diver 2 2 15 Surface Welder 1 1 16 Store Keeper 1 1 Total on board 29 29

17. Diving Base Manager

1 1

18. Store Keeper for Samudra Sarvekshak

Nil 1 1 (On board Samudra Samudra Sarvekshak) [Base Manager not required as a part of regular manning for Samudra Sarvekshak]

1. Trainees (Maximum 4 Nos. on 2 vessels) will be required. For Trainees Lodging &

boarding on board and transportation from base to offshore and back will be provided by the Contractor.

2. All the rates to be quoted in Indian Rupees only.

3. The regular manning for Samudra Sevak may be reduced to any level as per ONGC

requirement.

4. For Regular diving crew,365 days in a year will be considered for the purpose of evaluation of bid.

5. The cost of services required for Samudra Sarvekshak will be included in Samudra

Prabha expenses. The cost of the store keeper for Samudra Saravekshak will be included in the cost of Samudra Prabha for evaluation purpose and calculation of Annual Contract Value.

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APPENDIX I B Price format for Callout Personnel For S. SEVAK & S. PRABHA each.

Sr.No Category Per day rate per person

INR

1 Construction Superintendent/ Expert 2 Saturation NDT Diver 3 Saturation Construction Diver 4 Air NDT Diver 5 Air Construction Diver 6 Surface Welder 7 Rigger/ Fitter 8 Air Diving Supervisor

1. The following days will be considered for evaluation of the respective call out personnel on

both vessels together • For Construction Superintendent/ Expert, Saturation NDT Diver, Saturation

Construction Diver and surface welder 20 days in a year will be considered for evaluation of the bid.

• For Air NDT Diver and Air Diving Supervisor 55 days in a year will be considered for evaluation of the bid.

• For Air construction Diver 100 days in a year will be considered for evaluation of the bid.

• For Rigger/Fitter 125 days in a year will be considered for evaluation of the bid. • The same is indicative figure only. However, there is no guarantee that Call out

personnel will be utilized as per evaluation days in a year.

2. All the rates to be quoted in Indian Rupees only 3.This price format is for both vessels.

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APPENDIX I C

Price format for Callout Equipment for S. SEVAK/S. PRABHA each Particulars Per day rate per item INR X-ray equipment with technician High discharge air compressor 1. Call out equipments for 10 days in a year will be considered for evaluation of the bid.

The same is indicative figure only. However, there is no guarantee that Call out equipments will be utilized for 10 days in a year.

2. All the rates to be quoted in Indian Rupees only .

APPENDIX I D(i) PRICE FORMAT FOR BASE MANAGEMENT FEE FOR SAMUDRA SEVAK BASE MANAGEMENT FEE APPLICABLE FOR MSV SAMUDRA SEVAK FOR CONTRACT PERIOD (PER DAY) Sr.No. Particulars Per day rate INR 1. Base Management fee Base Management fee should consists of cost of Subcontractor’s project office in Mumbai with support staff such as Secretarial Assistance, Helper, etc. Base management will be considered for 365 days in a year for evaluation of the bid. All the rates to be quoted in Indian Rupees only

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APPENDIX I D(ii) PRICE FORMAT FOR BASE MANAGEMENT FEE FOR SAMUDRA PRABHA BASE MANAGEMENT FEE APPLICABLE FOR MSV SAMUDRA PRABHA FOR CONTRACT PERIOD (PER DAY) Sr.No. Particulars Per day rate INR 1. Base Management fee Base Management fee should consists of cost of Subcontractor’s project office in Mumbai with support staff such as Secretarial Assistance, Helper, etc. Base management will be considered for 365 days in a year for evaluation of the bid. All the rates to be quoted in Indian Rupees only

APPENDIX I E (i) PRICE FORMAT FOR SATURATION BONUS FOR MSV SAMUDRA SEVAK SATURATION BONUS (PER HOUR) FOR MSV SAMUDRA SEVAK FOR CONTRACT PERIOD Sr.No. Particulars Per Hour rate INR 1. Saturation bonus 1. 45000 hrs. Saturation bonus in a year will be considered for evaluation of the bid. The

same is indicative figure only. There is no guarantee that 45000 hrs. of saturation diving will be undertaken in a year.

2. All the rates to be quoted in Indian Rupees only

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APPENDIX I E (ii) PRICE FORMAT FOR SATURATION BONUS FOR MSV SAMUDRA PRABHA SATURATION BONUS (PER HOUR) FOR MSV SAMUDRA PRABHA FOR CONTRACT PERIOD Sr.No. Particulars Per Hour rate INR 1. Saturation bonus

1. 45000 hrs. Saturation bonus in a year will be considered for evaluation of the bid. The same is indicative figure only. There is no guarantee that 45000 hrs. of saturation diving will be undertaken in a year.

2. All the rates to be quoted in Indian Rupees only

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