Tendernotice 1
Tendernotice 1
Tendernotice 1
b) All amendments, time extension, clarifications, etc. will be uploaded as a Corrigendum in the websites
only. Bidders should regularly visit the above website(s) to keep themselves updated.
c) Request for extension received from any bidder with less than two working days prior to bid due date
shall generally be ignored, since there will not be adequate time for consideration. Also any such
request is purely NRL’s/Technip’s discretion.
d) Bidders shall submit the bid directly and in their own name without involving any interediaries.
e) Refer Appendix-A to this NIT for Instructions of online submission of Bid
f) Brief Introduction of Project and other salient features are mentioned as below.
1.0 Introduction
Numaligarh Refinery Limited (NRL) is a group company of Oil India Ltd. Its Refinery is located at
Numaligarh, District Golaghat, Assam with a capacity of 3 MMTPA. NRL got CCEA approval in Jan,
2019 for expansion of existing Refinery to 9MMTPA capacity for processing imported crude to be
received at Paradip Port and bring it to Numaligarh through about 1400KM pipeline. It has two
marketing terminals for product evacuation - one is adjacent to the Refinery i.e. Numaligarh
Refinery Marketing Terminal (NRMT) and the other is Siliguri Marketing Terminal (SMT) in West
Bengal. The Refinery is well connected by air, road and rail. The nearest airport –Jorhat is 70 kms
away from Refinery Site. Road distance from Guwahati to Numaligarh is about 250 kms through NH -
37 towards east. The nearest rail head is at Furkating Rly Jn., 35 kms from Refinery. Refer below
shown Google map for easy location.
Numaligrah Refinery
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
The intending bidders shall be deemed to have visited the site and familiarized themselves with
the site conditions before submitting their bids.
1.2 Geographical Information
For this Expansion Project, NRL requires “Bored Cast in-situ Piling and Ground Improvement
Works ” to be carried out at RPTU UNIT, NRL Project site.
For Commercial Experience Criteria, Date of Completion of Works as per Completion Certificate will
be considered as completion date and that should fall within qualifying period.
*Definition of “SIMILAR WORKS” : The following shall be treated as Similar Works for meeting BQC
Criteria :
“Bored Cast in Situ RCC Piling Works of minimum 450 mm Diameter with or without Stone
Column Work (Ground Improvement). In case of Composite Works consisting of in situ RCC
Piling Works and Stone Column, the value of RCC in Situ Piling Works shall be minimum 60% of
the amount mentioned under above criteria at (i) / (ii) / (iii) above whichever is applicable.
(B) Additionally, the sole bidder or any member of the consortium (in case of consortium
bidding) shall have the experience of successfully completing stone column (ground
improvement) works with executed value of Rs. 9,00,00,000/- (Rupees Nine Crore Only) in
a single order during last 20 (Twenty) years. This experience can be either the past
credential submitted against (A) as a composite work or a separate order.
3.1.1 (i) For fulfilling the commercial experience criteria any of the following documents may be
considered as valid proof for meeting similar works criteria:
a) Copies of Work Orders /relevant pages of Contract /SOR mentioning the value and the scope
of Works along with copy of completion certificate by Client / Consultant / Main Contractor
indicating with executed value of work.
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
b) Work Order copy along with either (a) TDS Certificate in Form 26AS (Annual Tax Statement
under Section 203AA of the Income Tax Act, 1961) or (b) Bank Certificate indicating receipt
of Payment.
In case, Bidder submits PTR for Past Experience as Consortium Member, bidder is required to submit
above documents mentioned in sl. (a) and (b) above and Consortium Agreement /MOU clearly
defining the Scope and responsibility.
Note:
1. Bidder will give details of their past experience along with documentary evidence as per
format Annexure-III to ITB enclosed herein.
2. Relevant work order copies and completion certificates are to be enclosed with offer. The
Completion Certificates shall have details like work order no. /date, brief scope of work,
ordered & executed value of the job, commencement date, completion date etc.
3. In case Bidder has executed and completed Composite Works Contract which includes the
qualifying work(s) stated in Cl. No. 3.1 above, then value of such qualifying work(s) out of
the total value of Composite Works shall be considered for the purpose of pre-qualification.
For Composite Works, in the event the value of the qualifying Work(s) cannot be
ascertained from the work order / completion certificate submitted by bidder, Copy of
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
Schedule of Rates (SOR) / Price Schedule, relevant pages contracts, relevant pages of final
Bill certified by OWNER/CONSULTANT for establishing requirement of BQC or written letter
from OWNER/CONSULTANT specifying the nature of Work with quantities and executed
values can be submitted for qualification.
4. Cost of completed works specified above shall be exclusive of Service Tax / GST. Bidder shall
produce documentary evidence against the Taxes & Duties applicable against the concerned
job(s). In case the value of job submitted by the bidder does not have clarity with regard to
inclusion/exclusion of Service Tax/GST, the amount appearing in the Completion Certificate
shall be considered exclusive of tax and shall be evaluated accordingly.
5. A job executed by a bidder for its own plant/projects shall not be considered as experience
for the purpose of meeting requirement of BQC of the Tender. However, jobs executed for
Subsidiary/Fellow subsidiary/Holding company will be considered as experience for the
purpose of meeting BQC subject to submission of Tax paid invoices(s) duly certified by
Statutory Auditor of the bidder towards payment of statutory tax in support of the job
executed for Subsidiary / Fellow subsdiary /Holding company. Such bidders to submit these
documents in addition to the documents specified above to meet BQC.
6. A job completed by Contractor shall be considered for the purpose of meeting the
Experience Criteria of BQC subject to submission of documents in support of meeting the
“Bidder Qualification Criteria”:
7. The value of “similar work” shall be escalated at a simple rate of 7% for every completed
year and thereafter at @ 0.58% for every completed month ending last day of the previous
month of bid submission date (in case of extended bid submission date, original bid
submission date shall be considered).
8. For calculation of period of escalation of such “similar work” starting date shall be recokend
from the date of completion of the work mentioned in the Completion Certificate to the last
day of the previous month of bid submission date (in case of extended bid submission date,
original bid submission date shall be considered).
9. In case, the executed value of Job is more than the Work Order Value and bidder claims for
meeting the BQC requirement on the basis of excuted value then it is the responsibility of
the bidder to submit the documentary evidence of final executed value (such as copy of
final bill, executed value mentioned in completion certificate etc.) along with his bid. In case
executed value is not mentioned in the completion certificate issued by client, work order
value with amendments, if any, shall be considered for the purpose of evaluation.
10. A job completed by a bidder as a sub-contractor shall be considered for the purpose of
meeting the technical and commercial experience criteria of BQC subject to submission of
following documents in support of meeting the “Bidder Qualification Criteria”:
i. Copy of work order along with SOR issued by Main Contractor.
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
ii. Copies of Completion/Commissioning Certificates (as the case may be) issued by the Owner/
Owner’s Consultant/Main Contractor. The said Certificates shall have details like work order
no. /date, brief scope of work, ordered & executed value of the job, completion date etc. In
case bidder is not able to furnish the completion certificates from the Owner/Owner’s
Consultant in his name then the Certificate issued in the name of Main Contractor shall als o
be considered as proof of completion of the relevant job, subject to countersigning of the
Completion Certificate by the Owner/Consultant.
iii. If the bidder cites any reference of a job executed for NRL or executed for some client
through PMC and the bidder is not able to furnish documentary evidence, the internal
records of NRL or PMC (as the case may be) shall be considered.
iv. The sub-contractor shall furnish either (a) TDS Certificate in Form 26AS (Annual Tax
Statement under Section 203AA of the Income Tax Act, 1961) or (b) Bank Certificate
indicating receipt of payment from the Main Contractor.
11. In case of Bidder submitting documents for their Work executed for organisations/
establishments other Govt. dept. or PSUs, copies of Work order and completion certificate
along with either (a) TDS Certificate in form of Form 26AS (Annual Tax Statement under
Section 203 AA of the Income Tax Act, 1961) or (b) Bank Certificate indicating receipt of
payment from the Owner, shall be required to furnish.
12. Bidder shall not be allowed to submit new references or document related to such new
references with respect to their past experience unless it is not mentioned in the list (past
experience) submitted along with the bid as per enclosed format to ITB.
i) AVERAGE ANNUAL TURNOVER: The minimum Average Annual Turnover (ATO) of the
bidder during immediate three preceding Financial Years reckoned from the due date of
submission of bids should be at least Rs. 27,17,00,000/- (Rupees Twenty Seven
Crores Seventeen Lacs Only)
ii) Net worth: Should be positive for the immediate preceding financial year as per the
latest Audited Report. Net worth means paid up share capital, Share Application Money
pending allotment* and reserves # less accumulated losses and deferred expenditure to
the extent not written off.
Reserves to be considered for the purpose of net worth shall be all reserves created out
of the profits and securities premium account but shall not include reserves created out
of revaluation of assets, write back of depreciation and amalgamation.
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
iv) WORKING CAPITAL: The bidder must have minimum working capital of Rs.
9,06,00,000/- (Rupees Nine Crore Six Lacs Only) as per immediate proceeding financial
year Audited Annual Report. The requirement of working capital in latest Audited
Balance Sheet to be presented by Bidder. Working Capital shall be Current Assets minus
Current Liabilities.
If the bidder’s working capital is inadequate, the bidder should furnish a letter for line of
credit from any scheduled bank in India or a commercial bank having net worth not less
than INR 100 Crore, confirming the availability of the fund based line of credit for the
respective amount specified above, irrespective of overall position of the working
capital.
iv) Bidder should not be under liquidation, court receivership or similar proceedings. Bidder
shall submit a self- certificate to this effect.
v) Bidders should have valid PF, GST Registration and PAN
Note :
a) Any of the following documents shall be furnished by the bidder in support to clauses
mentioned above for meeting Financial Criteria:
i) Audited published Annual Report
OR
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
The failure to meet Annual Turnover (ATO) criteria & Net Worth Criteria mentioned above
will render the bid to be summarily rejected
b) Financial years / previous period as above shall be reckoned from the due date of
submission of bids.
c) In case the last financial year closing date is within 9 (Nine) months of bid due date and
audited annual financial report of immediate preceding financial year is not available, bidder
has the option to submit the financial details of the three previous years immediately prior
to the last financial year. Otherwise, it is compulsory to submit the financial details of the
immediate three preceding financial years.
Example, in case, audited annual financial report of immediate preceding financial year (year
ending 31st March) is not available and where bid closing date is up to 31 st December, the
financial details of the three previous years immediately prior to the last financial year may
be submitted. However, in case the bid closing date is after 31st December, it is compulsory
to submit the financial details of the immediate three preceding financial years only.
d) For Indian Bidders, audited Annual Report / Financial Statements needs to be accompanied
with UDIN number, which is mandatory from July 2019 onwards. Any Financial Report which
is published /issued after July 2019 onwards without UDIN shall not be considered for
evaluation.
Please note that relaxation of Pre-Qualification Criteria and price benefit to MSE & Start-up
agencies shall not applicable for this Tender being Works Contract.
b) The The distribution of work between Consortium or Joint Venture members would
be such that after award of work, a minimum 25% (but not more than 49%) of
Contract Price shall be executed by Consortium/Joint Venture Member (other than
leader) and the billing schedule shall be drawn up after award of Work accordingly.
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
d) The MOU shall clearly specify the name and complete address of the Leader / Lead
Member and other Consortim member and other provisions related to joint and
several liability of Consortium members and proposed distribution of work in
accordance with clause 3.3 (b)
f) The Consortium members shall be jointly and severally bound and liable to the
Owner for the fulfilment of the terms of the Contract and for discharge of liabilities
of the Consortium to the Owner. The Member shall authorize the Leader/Lead
Member of the Consortium with authority to bind the Consortium, through a power
of attorney given jointly by the Member to the Leader/ Lead Member.
In case the bidder is not able to establish Bidder’s Qualification Criteria (Experience Criteria)
on his own as per above clause No. 3.1, then necessary reference jobs for BQC Commercial
Criteria executed by bidder’s “Parent Company / Affiliate Company / Associated Company”
will be allowed for qualification purpose. In such case Bidder to submit Corporate
Guarantee obtained from “Parent Company / Affiliate Company / Associated Company for
the Project Performance and Execution.
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
Bidder to Refer Annexure-2 to NIT (Notice Inviting Tender) for various Credential
requirements from Parent / Affiliate / Associated company, Format of Agreement
between Indian Bidder and their foreign based supporting Company, Gu arantee b y th e
Supporting Company, Certificate, Proforma of Bank Guarantee by Supp orting Co mp any
for Performance Guarantee and Indemnity Bond Format.
a) The Offers with incomplete/ irrelevant documents or anomalies are liable to be rejected
without any communication. Hence, bidders are advised to take utmost care while
uploading their prequalification documents.
i) Who are in the Holiday/ Suspension /Banning List / Negative list of Licensor or the Owner or
its Administrative Ministry, MOPNG or any other OIL PSUs or EPCM1 (the EPCM Consultant
for this job), on due date of submission of Bid / during the process of evaluation of the Bid.
Provided always that, nothing in this clause shall make a Bidder eligible hereunder if the
Bidder has been removed from any of the Holiday Lists after the due date of submission of
bids.
ii) Similarly, if a Bidder is qualified based on engaging a sub-contractor/ sub-vendor who meets
stipulated qualification criteria and in case such a sub-contractor/ sub-vendor is on Holiday
List/Negative List/ Suspension List/ Banning List of Licensor or the Owner or MOPNG or any
other OIL PSUs on due date of submission of Bid / during the process of evaluation of the
Bid, the Bid of such a Bidder shall not be considered for bid opening/evaluation/Award.
iii) Further, in case of a Consortium/JV, if any of the member(s) of Consortium/JV is on Holiday
List/Negative List/ Suspension List/ Banning List of Licensor or the Owner or its
Administrative Ministry, MOPNG or any other OIL PSUs or EPCM1 (the EPCM Consultant for
this job), on due date of submission of Bid / during the process of evaluation of the Bids, the
offer of such a Consortium/JV shall not be considered for bid opening/ evaluation/ Award.
iv) In the event, an Insolvency Event has occurred with respect to Bidder as on the Bid Due
Date or during the Bidding Process, the Bids of such Bidder shall be rejected and not
considered for evaluation.
v) Bidder(s) who are under liquidation, court receivership or similar proceedings. In this
connection, Bidder shall submit an Affidavit stating that they are not under liquidation,
court receivership or similar proceedings.
vi) Bidder(s) who are undergoing insolvency resolution process or liquidation or bankruptcy
proceeding under Insolvency and Bankruptcy Code, 2016 (Code).
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
Wherever Chartered Accountant / Statutory Auditor / Certified Public Accountant (not being
an employee or a Director or not having any interest in the bidder(s) company / firm) is not
in a position to endorse such CEO I CFO's certificate due to local regulations, CEO I CFO's
certificate in original without endorsement may be accepted provided a reference to the
local regulation restricting this endorsement is given in the CEO ICFO certificate.
g) Successful Bidders shall not use any sub-vendor who is in Holiday /Suspension / banning List
of OWNER, any other OIL PSU / Administrative Ministry (MoPNG).
h) NRL (OWNER)/Technip (EPCM Consultant) reserves the right to disqualify/reject any bid for
further evaluation in case of reported Poor Performance of Works in past due to Financial
constraints or due to any other reason what so ever attributable to Bidder. Decision of
OWNER/CONSULTANT in this regard shall be final.
i) Incase the bidder has a certificate from the main contractor and the TDS Certificate for jobs
completed prior to 2009 for Stone Column Qualification, TDS Certificate and Main
Contractor Certificate as a proof of completion shall be acceptable. TDS in the Form 16 A
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
instead of FORM 26 AS shall be acceptable for the jobs reference before 2009 in case of
Stone column Qualification
4.2 All documents furnished by the bidder in support of meeting the PQC (including MSE
Certificate) shall be submitted/uploaded in a separate folder titled “Documents towards
PQC”, duly signed and stamped by the bidder (in case of proprietorship firm) or “Power of
Attorney” holder in case of Partnership /firm/Company. Copy of such “Power of Attorney”
shall also be furnished with the unpriced bid.
4.3 Bidders on “Holiday List of/debarred from business dealings by” NRL/Oil PSUs /MOP&NG
shall not be considered for evaluation and ordering.
4.4 NRL/Technip decision on any matter regarding short listing of bidders shall be final.
4.5 Submission of authentic documents is the prime responsibility of the Bidder. However,
NRL/Technip reserves the right of getting the document cross verified, at their discretion
from the document issuing authority. Bidder shall also facilitate such verification/
authentication of BQC documents and in case the documents remains unauthenticated till
the given timeline, NRL/Technip reserves the right to reject such bid. However, no amount
of checking or verification by NRL/Technip shall absove Bidder from his responsibility.
4.6 The bidders must submit complete and unambiguous documents pertaining to BQC in the
first instance itself along with the offer. Consultant / NRL may not offer any opportunity to
the bidder to provide complete or unambiguous documents and reserve the right to
proceed on the basis of documents received along with the offer and Incase of non-
submission of some documents or submission of incomplete or ambiguous documents, the
bid may be rejected.
4.7 “Notwithstanding any other condition/ provision in the tender documents, bidders are
required to submit complete documents pertaining to BQC along with their offer. Failure to
meet the BQC will render the bid to be summarily rejected. OWNER/ CONSULTANT reserves
the right to complete the evaluation based on the details furnished by the bidder, with or
without seeking any additional supporting documents /clarifications”.
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
Pre Bid meeting is not applicable for this Tender. However, Bidders may send pre-bid their
Pre Bid queries by e-mail to reach (Email id : [email protected] /
[email protected] (contact No. 0120-4301564) within 7 (Seven) days of
publishing of Tender on CPP Portal. Response against Pre Bid queries shall be sent through
e-mail or in case required through Addendum/Corrigendum.
10.0 General:
10.1 NRL/Technip reserves the right to carry out capacity & capability assessment of the
bidder using in-house information and past performance.
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
10.2 The bidders shall give a self certification that they are not under liquidation, court
receivership or similar proceeding and their business is not banned by any Central / State
Government Department / Public Undertaking or Enterprise or Central / State Governments.
Failure to do so or the bidder is under, court receivership or similar proceedings, their bids
shall not be considered.
10.3 The bidders who are on Holiday/ Negative list of NRL or any other OIL PSU/ MOPNG or
Technip on the date of submission of bid / during the process of evaluation of the Techno
commercial bids, the offers of such bidders shall not be considered for bid opening /
evaluation / Award. If the bidding document were issued inadvertently / downloaded from
website, offers submitted by such bidders shall also be not considered for bid opening /
evaluation/ award.
10.4 NRL/Technip will not be responsible or liable for cost incurred in preparation, submission &
delivery of bids, regardless of the conduct or outcome of the bidding process.
10.5 In case any Bidder is found to be involved in cartel formation, his Bid will not be
considered for evaluation / placement of order. Such Bidder will also be debarred from
bidding in future.
10.6 Canvassing in any form by the Bidder or by any other agency on their behalf may lead to
disqualification of their Bid.
10.7 Unsolicited clarifications to the offer and / or change in the prices during the validity
period would render the bid liable for rejection.
10.8 NRL/Technip reserves the right to reject any or all the bids received or annul the bidding
process at any time.
10.9 NRL/Technip reserves its right to allow Public Sector Enterprises (Central / State),
purchase preference as admissible / applicable from time to time under the existing Govt.
policy. NRL shall also follow the Public Procurement Policy on Procurement of Goods and
services from Micro and Small Enterprises (MSEs) Order 2012.
The PPLC Policy (as enclosed) shall be applicable against this tender and the Class -I local
supplier shall be given purchase preference, subject to fulfilling the required documentation
and criterias.
10.10 In case of a MSE bidder, documentary evidence as per the prevailing Government policy
shall be acceptable. In addition, copy of the document shall be submitted duly authenticated
as per provision of the tender. However, in case authenticated document is not submitted in
original, the same can be accepted provided a valid MSE certification is available on
Government portal (www.nsicspronline.com) or Government Udyog Aadhar portal.
10.11 Scanned copy of the Integrity Pact duly signed & stamped shall be uploaded along with the
offer.
10.12 For detailed specifications, terms and conditions and other details, refer complete
Bidding Document.
10.13 Exceptions and deviations by the Bidder shall be mentioned only in the given pro-forma
(Annexure- VIII of ITB) and deviations stated in the said pro-forma will have no price
implications. The exceptions/ deviations mentioned elsewhere in the document shall not be
considered for evaluation.
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
10.14 Following Government Guidelines / Policies (latest version) shall be considered as part of
this Tender and the Applicability of the same is as per below:
Bidder to attach/submit the applicable Forms/ Undertaking as per above Policies along with their
Techical Bid.
10.14 All questions and requests for clarifications or interpretations related to tender
documents shall be addressed in writing to:
Appendix-A
As per the directives of Department of Expenditure, this tender document has been published
on the Central Public Procurement Portal (URL: https://eprocure.gov.in). The bidders are
required to submit soft copies of their bids electronically on the CPP Portal, using valid Digital
Signature Certificates. The instructions given below are meant to assist the bidders in registering
on the CPP Portal, prepare their bids in accordance with the requirements and submitting their
bids online on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be
obtained at: https://eprocure.gov.in/eprocure/app.
REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement
Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Online Bidder
Enrolment” on the CPP Portal is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part
of the registration process. These would be used for any communication from the CPP
Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class II or Class III Certificates with signing key usage) issued by any Certifying
Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with their profile.
5) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user ID / password
and the password of the DSC / e-Token.
1) There are various search options built in the CPP Portal, to facilitate bidders to search active
tenders by several parameters. These parameters could include Tender ID, organization
name, location, date, value, etc. There is also an option of advanced search for tenders,
wherein the bidders may combine a number of search parameters such as organization
name, form of contract, location, date, other keywords etc. to search for a tender publis hed
on the CPP Portal.
2) Once the bidders have selected the tenders they are interested in, they may download the
required documents / tender schedules. These tenders can be moved to the respective ‘My
Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS / e-
mail in case there is any corrigendum issued to the tender document.
3) The bidder should make a note of the unique Tender ID assigned to each tender, in case they
want to obtain any clarification / help from the Helpdesk.
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the tender document
before submitting their bids.
2) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
documents - including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF formats.
Bid documents may be scanned with 100 dpi with black and white option.
4) To avoid the time and effort required in uploading the same set of standard documents which
are required to be submitted as a part of every bid, a provision of uploading such standard
documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to
the bidders. Bidders can use “My Space” area available to them to upload such documents.
These documents may be directly submitted from the “My Space” area while submitting a
bid, and need not be uploaded again and again. This will lead to a reduction in the time
required for bid submission process.
SUBMISSION OF BIDS
Bidder should log into the site well in advance for bid submission so that he/she upload the
bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay
due to other issues.
The bidder has to digitally sign and upload the required bid documents one by one as indicated
in the tender document.
Bidders are requested to note that they should necessarily submit their financial bids in the
format provided and no other format is acceptable. If the priced bid have been given as a
standard BOQ format with the tender document, then the same is to be downloaded and to
be filled by all the bidders. Bidders are required to download the BOQ file, open it and
complete the white colored (unprotected) cells with their respective financial quotes and
other details (such as name of the bidder). No other cells should be changed. Once the details
have been completed, the bidder should save it and submit it online, without changing the
filename. If the BOQ file is found to be modified by the bidder, the bid will be rejected.
The server time (which is displayed on the bidders’ dashboard) will be considered as the
standard time for referencing the deadlines for submission of the bids by the bidders,
opening of bids etc. The bidders should follow this time during bid submission.
All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed
by unauthorized persons until the time of bid opening. The confidentiality of the bids is
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
maintained using the secured Socket Layer 128 bit encryption technology. Data storage
encryption of sensitive fields is done
The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
Upon th successful and timely submission of bids, the portal will give a successful bid
submission message & a bid summary will be displayed with the bid no. and the date & time of
submission of the bid with all other relevant details.
The bid summary has to be printed and kept as an acknowledgement of the submission of
the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.
ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the relevant
contact person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries relating to CPP
Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact number
for the helpdesk is 1800-3070-2232.
3) For any assistance, please contact the following person:
Mr. Dhiraj Mohan Saikia Phone No. 03776-265774
Email ID : [email protected]
Special Instructions to the Bidders for the e-submission of the bids online through e-
Procurement Portal :
• Bidder should do Online Enrolment in this Portal using the option Click Here to enroll
available in the Home Page. Then the Digital Signature enrolment has to be done with the e-
token, after logging into the portal. The e-token may be obtained from one of the authorized
Certifying Authorities such as eMudhraCA/GNFC/IDRBT /MTNLTrustline/SafeScrpt/TCS.
• Bidder then logs into the portal giving user id / password chosen during enrolment.
• The e-token that is registered should be used by the bidder and should not be misused by
others.
• DSC once mapped to an account cannot be remapped to any other account. It can only be
Inactivated.
• The Bidders can update well in advance, the documents such as certificates, purchase order
details etc., under My Documents option and these can be selected as per tender
requirements and then attached along with bid documents during bid submission. This will
ensure lesser upload of bid documents.
• After downloading / getting the tender schedules, the Bidder should go through them
carefully and then submit the documents as per the tender document, otherwise, the bid will
be rejected.
• The BOQ template must not be modified/replaced by the bidder and the same should be
uploaded after filling the relevant columns, else the bidder is liable to be rejected for that
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
tender. Bidders are allowed to enter the Bidder Name and Values only.
• If there are any clarifications, this may be obtained online through the e-Procurement Portal,
or through the contact details given in the tender document. Bidder should take into account
of the corrigendum published before submitting the bids online.
• Bidder, in advance, should prepare the bid documents to be submitted as indicated in the
nder edule and they should be in PDF/XLS/RAR/DWF formats. If there is more than one
document,
they can be clubbed together.
• The bidder reads the terms and conditions and accepts the same to proceed further to
submit the bids The bidder has to submit the tender document(s) online well in advance
before the prescribed time to avoid any delay or problem during the bid submission process.
• There is no limit on the size of the file uploaded at the server end. However, the upload is
decided on the Memory available at the Client System as well as the Network bandwidth
available at the client side at that point of time. In order to reduce the file size, bidders are
suggested to scan the documents in 75-100 DPI so that the clarity is maintained and also the
size of file also gets reduced. This will help in quick uploading even at very low bandwidth
speeds.
• It is important to note that, the bidder has to Click on the Freeze Bid Button, to ensure tha t
he/she completes the Bid Submission Process. Bids Which are not Frozen are considered as
Incomplete/Invalid bids and are not considered for evaluation purposes.
• The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the
difficulties faced during the submission of bids online by the bidders due to local issues.
• The bidder may submit the bid documents online mode only, through this portal. Offline
documents will not be handled through this system.
• At the time of freezing the bid, the e-Procurement system will give a successful bid updating
message after uploading all the bid documents submitted and then a bid summary will be
shown with the bid no, date & time of submission of the bid with all other relevant details.
The documents submitted by the bidders will be digitally signed using the e-token of the
bidder and then submitted.
• After the bid submission, the bid summary has to be printed and kept as an
acknowledgement as a token of the submission of the bid. The bid summary will act as a
proof of bid submission for a tender floated and will also act as an entry point to participat e
in the bid opening event.
• Successful bid submission from the system means, the bids as uploaded by the bidder is
received and stored in the system. System does not certify for its correctness.
• The bidder should see that the bid documents submitted should be free from virus and if the
documents could not be opened, due to virus, during tender opening, the bid is liable to be
rejected The time that is displayed from the server clock at the top of the tender Portal, will
be valid for all actions of requesting bid submission, bid opening etc., in the e-Procurement
portal. The Time followed in this portal is as per Indian Standard Time (IST) which is
GMT+5:30. The bidders should adhere to this time during bid submission.
• All the data being entered by the bidders would be encrypted at the client end, and the
EPCM-2 SERVICES FOR RPTU UNIT FOR
NUMALIGARH REFINERY EXPANSION
PROJECT, ASSAM
software uses PKI encryption techniques to ensure the secrecy of the data. The data entered
will not be viewable by unauthorized persons during bid submission and not viewable by any
one until the time of bid opening. Overall, the submitted bid documents become readable
only after the tender opening by the authorized individual.
• During transmission of bid document, the confidentiality of the bids is maintained since the
data is transferred over secured Socket Layer (SSL) with 256 bit encryption technology. Data
encryption of sensitive fields is also done.
• The bidders are requested to submit the bids through online e-Procurement system to the
TIA well before the bid submission end date and time (as per Server System Clock).
ANNEXURE-1 to NIT
Annexure – 2 to Notice Inviting Tender
In case the bidder is not able meet the Past Experience Criteria (Commercial) of his own, he can submit the credentials of another
company (Supporting Company) which holds more than fifty percent of the paid-up share capital of the bidder company or vice
versa. In such cases, the eligibility criteria shall be as follows :
Offers of those bidders (not under consortium arrangement) who themselves do not meet the Past Experience Criteria (Commercial)
as stipulated in the PQC and are quoting based on the experience of another company (Supporting Company) can also be
considered. In such case the supporting company should hold more than fifty percent of the paid-up share capital of the bidding
company or vice versa.
Credential of Supporting agency from a country which shares a land border with India will only be considered if they are registered
with the Competent Authority as on bid due date, specified in Annexure I of Order (Public Procurement No. 1) dated 23.07.2020 of
Department of Expenditure.
However, the supporting company should on its own meet the Past Experience Criteria (Commercial) as stipulated in the PQC and
should not rely on any other company or through any other arrangement.
In that case as the bidding company is dependent upon the past experience of another company with a view to ensure
commitment and involvement of the companies involved for successful execution of the contract, the participating bidder should
enclose the following Document/Agreements/ Guarantees/ Undertakings along with the techno-commercial bid:
i) Bidder should have completed a contract for Bored cast in situ RCC Pilling works of minimum 450mm diameter with or without
stone column work (ground improvement) during last 10 years ending last date of month previous to one in which bids are invited.
Copy of such work orders and completion certificate shall be furnished along with the offer.
ii) An Agreement (as per format enclosed at Appendix- A1) between the bidder and the supporting company.
iii) Guarantee (as per format enclosed at Appendix- A2) by the supporting company to NRL for fulfilling the obligation under the
Agreement.
Appendix-A1
FORMAT OF AGREEMENT TO BE EXECUTED BETWEEN INDIAN BIDDER AND THEIR FOREIGN BASED SUPPORTING COMPANY ON INDIAN
STAMP PAPER OF REQUISITE VALUE DULY NOTARIZED.
This agreement made this ___ day of ____ month ____ year by and between M/s. ____________________ (Fill in Bidder’s full name, constitution and registered office address)
___________ hereinafter referred to as bidder on the first part and M/s. ___________ (Fill in full name, constitution and registered office address company which hold more
than fifty percent of the paid up share capital of the bidding company or vice versa) hereinafter referred to as “Supporting Company” of the second part.
Whereas
M/s. Numaligarh Refinery Limited (hereinafter referred to as NRL) has invited offers vide their tender No. _____________ for _______________and M/s.
__________________ (Bidder) intends to bid against the said tender and desires to have technical support of M/s. ________________ [Supporting Company] And whereas
Supporting Company represents that they have gone through and understood the requirements of the 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.
1. M/s.____________ (Bidder) will submit an offer to NRL for the full scope of work as envisaged in the tender document as a main bidder and liaise NRL directly for any
clarifications etc. in this context.
2. M/s. _________[Supporting Company] undertakes to provide technical support and expertise, expert manpower and project management including financial support, if so
required, to the bidder to discharge its obligations as per the Scope of Work of the tender / Contract for which offer has been made by the bidder and accepted the NRL.
3. The Bidder/ Supporting Company holds more than 50% paid up equity capital of the Supporting Company/ Bidder.
4. This agreement will remain valid till validity of bidder's offer to NRL including extension if any and till satisfactory performance of the contract, the same is awarded by
NRL to the bidder.
5. Supporting Company undertakes that this agreement shall remain enforceable even if their stake in Bidder is diminished during the execution of works under the contract
between the Bidder and NRL.
6. The bidder shall have the overall responsibility of satisfactory execution of the contract awarded by NRL, however without prejudice to any rights that NRL might have
against the Supporting Company
7. It is further agreed that, if contract pursuant to Supporting Company shall be jointly and severely responsible to NRL for the performance of works during contract period
and for the satisfactory execution of the contract, and for all the consequences for non-performance thereof.
In witness whereof the parties hereto have executed this agreement on the date mentioned above.
Witness: Witness:
1) 1)
2) 2)
Appendix-A2
THIS DEED OF GUARANTEE executed at ……….. this …….. day of ……… by M/s ………………………… (mention complete name) a company duly established and
existing under the laws of …………………. (insert country), having its Registered Office at ……………………………………… hereinafter called “the Guarantor and/ or the
Supporting Company” which expression shall, unless excluded by or repugnant to the subject or context thereof, be deemed to include its successors and permitted assignees.
FOR
M/s ………………………… (bidder) a company duly established and existing under the laws of …………………. (insert country), having its Registered Office at
……………………………………… hereinafter called the “Bidder” which expression shall, unless excluded by or repugnant to the subject or context thereof, be deemed to
include its successors and permitted assignees.
TOWARDS
M/s Numaligarh Refinery Limited, a company duly registered under the law of India having its Registered Office at 122A, G.S. Road, Christianbasti, Guwahati – 781005,
Assam, India, and having Purchase center at …………… hereinafter called “NRL” which expression shall unless excluded by or repugnant to the context thereof, be deemed
to include its successor and assignees
WHEREAS NRL has invited tender number ………………… for …….. on ………….., and the bidder has submitted it bid number…………… in response to the above
mentioned tender invited by NRL.
AND WHEREAS the bidder/ Guarantor Company holds more than 50% paid up equity capital of the Supporting Company/ Bidder.
AND WHEREAS one of the condition for acceptance of Bidder’s bid against said tender is that in case the bidder is seeking to qualify upon the past credentials of its Guarantor
Company, then the bidder shall arrange a guarantee from its Guarantor 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 NRL 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 and such
other supports as may be required by the Bidder for successful execution of the same.
The Bidder 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 under the tender, if the contract is awarded to the Bidder.
Accordingly, at the request of the Bidder and in consideration of and as a requirement for the NRL to enter into agreement(s) with the Bidder, the Guarantor hereby guarantees
and undertakes that upon award of Contract to Bidder against bid number ……………, made by the Bidder under tender number………………:
1. The Guarantor unconditionally agrees that in case of non-performance by the Bidder of any of its obligations in any respect, the Guarantor shall, immediately on
receipt of notice of demand by the NRL, take up the job without any demur or objection, in continuation and without loss of time and without any cost to the NRL and
duly perform the obligations of the Bidder to the satisfaction of the NRL.
2. The Guarantor agrees that the Guarantee contained herein shall remain valid till the satisfactory execution and completion of the work (including discharge of the
warranty obligations) awarded to the Bidder.
3. The Guarantor shall be jointly and severally responsible to NRL for satisfactory performance of works during contract period and for the satisfactory execution of the
contract, and for all consequences for non-performance thereof.
4. The liability of the Guarantor, under the Guarantee, is limited of the Bidder for non- performance under the contract entered between NRL and the Bidder. This will,
however, be in addition to the forfeiture of the Performance and Advance Guarantees furnished by the Bidder.
5. The Guarantor agrees to execute a Corporate Guarantee in favour of NRL, guaranteeing the performance of obligations by the Bidder, in case the Contract is awarded
to the Bidder by NRL.
6. 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 towards NRL
7. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally
resolved by arbitration. It is further agreed that Claims by and against the Guarantor, the Bidder and NRL under the different contract to be entered pursuant to their
relationship can be brought under a single reference and there shall be no bar on the consolidation of such proceedings before the same arbitral tribunal. The governing
law shall be the laws of India and seat of arbitration shall be New Delhi, India. The language of arbitration shall be English.
8. The Guarantor hereby declares and represents that this Guarantee has been given without any undue influence or coercion, and that the Guarantor has fully understood
the implications of the same.
9. In case of award of contract to the bidder, the Guarantor shall provide Performance Bank Security to NRL, equivalent to 50% of the value of Performance Bank
Security to be submitted by the bidding company, in the prescribed format within 15 days from the date of Fax of Acceptance, as guarantee for performance by the
bidder/contractor. The Guarantor hereby expressly agrees that if in the opinion of NRL, the Bidder / Contractor has failed to perform its obligations under the contract
in any manner, NRL shall have unfettered right to invoke the said Bank guarantee. The guarantor hereby agrees that decision of NRL about performance of the bidder
/ contractor shall be final and shall not be questioned by the Guarantor. Guarantor shall have no objection to invocation of the Performance Bank Guarantee submitted
by the Guarantor
OR
(Applicable, subject to meeting the conditions stipulated in BEC in respect of additional Performance Bank Security)
In case of award of contract to the bidder, the bidder on behalf of the Guarantor shall provide additional Performance Bank Security to NRL, equivalent to 50% of
the value of Performance bank Security to be submitted by the bidding company, in the prescribed format within 15 days from the date of Fax of Acceptance, as
guarantee for performance by the bidder/contractor. The Guarantor hereby expressly agrees that if in the opinion of NRL, the Bidder / Contractor has failed to perform
its obligations under the contract in any manner, NRL shall have unfettered right to invoke the said Bank guarantee. The Guarantor hereby agrees that decision of
NRL about performance of the bidder / contractor shall be final and shall not be questioned by the Guarantor. Guarantor shall have no objection to invocation of the
Performance Bank Security submitted by the Bidder on behalf 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 laws.
10. 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 laws.
Witness: 1. Signature________________
Full Name _________________
Address___________________
2.Signature________________
Full Name _________________
Address___________________
INSTRUCTIONS FOR FURNISHING GUARANTEE
1. The official(s) executing the guarantee should affix full signature(s) on each page.
2. Resolution passed by Board of Directors of the guarantor company authorizing the signatory(ies) to execute the guarantee, duly certified by Company Secretary should be
furnished along with Guarantee.
Appendix-A2A
“Obligations contained in deed of guarantee No. ______ furnished against tender No. ______ are enforceable against the Guarantor Company and the same do not, in any way,
contravene any law of the country of which the Guarantor Company is the subject.”
To,
M/s NUMALIGARH REFINERY LIMITED
___________________
Dear Sir(s),
M/s. __________________________________________________________________ having registered office at _______________________ (herein after called the
“CONTRACTOR/ SUPPLIER/SERVICE PROVIDER” which expression shall wherever the context so require include its successors and assignees) have been placed/
awarded the job/work of _______________________________________________ vide PO/LOA /FOA No. _______________________________dated______ (herein after
called CONTRACT/ ORDER) for Numaligarh Refinery Limited having registered office at 122A, G.S. Road, Christianbasti, Guwahati – 781005, Assam, India (herein after
called the “NRL” which expression shall wherever the context so require include its successors and assignees).
Further, M/s _____________ (Name of the Supporting company) having its registered/head office at ______________________ based on whose experience/technical
strength, the CONTRACTOR/SUPPLIER/SERVICE PROVIDER has qualified for award of contract (hereinafter referred to as the 'SUPPORTING COMPANY') which
expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assignees) has agreed to provide complete
technical and other support to the CONTRACTOR/SUPPLIER/SERVICE PROVIDER for successful completion of the contract/order as mentioned above, entered between
NRL and the CONTRACTOR/SUPPLIER/SERVICE PROVIDER and NRL having agreed that the 'SUPPORTING COMPANY' shall furnish to NRL a performance
guarantee for Indian Rupees/US$ .............. towards providing complete financial and other support to the CONTRACTOR/SUPPLIER/SERVICE PROVIDER for successful
completion of the contract/order as mentioned above,
The said M/s.______________________________________________ (Supporting Company) has approached us and at their request and in consideration of the premises we
having our office at ______________________________ have agreed to give such guarantee as hereinafter mentioned.
1. We (name of the bank) ______________________________ registered under the laws of _______ having head/registered office at
__________________________ (hereinafter referred to as "the Bank", which expression shall, unless repugnant to the context or meaning thereof, include all its
successors, administrators, executors and permitted assignees) do hereby guarantee and undertake to pay immediately on first demand in writing any/all moneys
to the extent of Indian Rs./US$ (in figures) __________ (Indian Rupees/US Dollars (in words)_____________________________) without any demur, reservation,
contest or protest and/or without any reference to the 'SUPPORTING COMPANY'. Any such demand made by NRL on the Bank by serving a written notice shall be
conclusive and binding, without any proof, on the bank as regards the amount due and payable, notwithstanding any dispute(s) pending before any Court,
Tribunal, Arbitrator or any other authority and/or any other matter or thing whatsoever, as liability under these presents being absolute and unequivocal. We
agree that the guarantee herein contained shall be irrevocable and shall continue to be enforceable until it is discharged by NRL in writing. This guarantee shall not
be determined, discharged or affected by the liquidation, winding up, dissolution or insolvency of the 'SUPPORTING COMPANY' and shall remain valid, binding and
operative against the bank.
2. The Bank also agrees that NRL at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance, without
proceeding against the 'SUPPORTING COMPANY' and notwithstanding any security or other guarantee that NRL may have in relation to the 'SUPPORTING
COMPANY’s liabilities.
3. The Bank further agrees that NRL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of
the terms and conditions of the said CONTRACT/ORDER or to extend time of performance by the said CONTRACTOR/SUPPLIER/SERVICE PROVIDER from time to
time or to postpone for any time or from time to time exercise of any of the powers vested in NRL against the said CONTRACTOR/SUPPLIER/SERVICE PROVIDER
and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such
variation, or extension being granted to the said CONTRACTOR/SUPPLIER/SERVICE PROVIDER or for any forbearance, act or omission on the part of NRL or any
indulgence by NRL to the said CONTRACTOR(s) or any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have
effect of so relieving us.
4. The Bank further agrees that the Guarantee herein contained shall remain in full force during the period that is taken for the performance of the
CONTRACT/ORDER and all dues of ONGC under or by virtue of this CONTRACT/ORDER have been fully paid and its claim satisfied or discharged or till NRL
discharges this guarantee in writing, whichever is earlier.
5. This Guarantee shall not be discharged by any change in our constitution, in the constitution of NRL or that of the 'SUPPORTING COMPANY'.
6. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of issue.
7. The Bank also agrees that this guarantee shall be governed and construed in accordance with Indian Laws and subject to the exclusive jurisdiction of Indian Courts
of the place from where the purchase CONTRACT/ORDER has been placed.
8. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to Indian Rs./US$ (in figures) _________________ (Indian
Rupees/US Dollars (in words) ________________ only) and our guarantee shall remain in force until (indicate the date of expiry of bank guarantee) _________.
9. We have power to issue this guarantee in your favor under Memorandum and Articles of Association and the undersigned has full power to do under the Power of
Attorney, dated ___________ granted to him by the Bank.
Yours faithfully, _______________
Bank by its Constituted Attorney
Signature of a person duly Authorized to sign on behalf of the Bank E-mail
:
Telephone/Mobile No. :
1. The Bank Guarantee by successful Bidder(s) will be given on non-judicial stamp paper as per 'stamp duty' applicable. The non-judicial stamp paper should be in name of the
issuing bank. In case of foreign bank, the said Bank Guarantee to be issued by its correspondent bank in India on requisite non-judicial stamp paper and place of Bid to be
considered as Delhi.
2. The Bank Guarantee by Bidders will be given from bank as specified at ITB of Tender Document.
3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said Bank Guarantee and all future communication relating to the Bank Guarantee shall be
forwarded to Purchaser.
Appendix –C to CA-1
INDEMNITY BOND
WHEREAS Numaligarh Refinery Ltd (hereinafter referred to as “NRL”) which expression shall, unless repugnant to the context include its successors
and assigns, having its registered office at 16, Bhikaiji, Cama Place, R.K. Puram, New Delhi 110066 has entered into a contract with M/s * (hereinafter
referred to as the “Contractor”, which expression shall unless repugnant to the context include its representatives, successors and assigns), having its
registered office at * and on the terms and conditions as set out, inter-alia in the [mention the work order/LOA/Tender No.] and various documents
forming part thereof (hereinafter collectively referred to as the „CONTRACT’, which expression shall include all amendments, modifications and / or
variations thereto).
NRL has advised the Contractor to execute an Indemnity Bond in favour of NRL indemnifying NRL and its employees and Directors including
Independent Directors and affiliates, from all consequences which may arise out of any prospective litigation or proceedings filed or may be initiated
by any third party, including without limitation any Banker / financial institution / worker(s) / vendor(s)/ sub-contractor(s) etc. who may have been
associated or engaged by the Contractor directly or indirectly with or without consent of NRL under the Contract, in relation to the Free Issue
Materials being provided by NRL to the Contractor under the Contract (“FIM”).
NOW, THEREFORE, in consideration of the promises aforesaid, the Contractor hereby irrevocably and unconditionally undertakes to indemnify and
keep indemnified NRL and all its employees, Directors, including Independent Directors and affiliates from and against all/any claim(s), damages,
loss, which may arise out of any litigations/ liabilities related to the FIM, that may be raised by the Contractor or any third party against NRL under or
in relation to this Contract, including without limitation as a result of willful and deliberate default, negligence, misrepresentation and misconduct by
the Contractor and/or its associated parties; fire and/or explosion caused as a result of the actions or omissions of the Contractor or its associated
parties; defective testing and/or commissioning; defects in designs; failure of maintenance by the Contractor and/or its associated parties; and/or such
other act or omission that may be attributable to the Contractor. The Contractor undertakes to compensate and pay to NRL and/or any of its employees,
Directors including Independent Directors, forthwith on demand without any protest the amount claimed by NRL for itself and for and on behalf of its
employees, Directors including Independent Directors as provided for in this Indemnity Bond, together with direct/indirect expenses including all legal
expenses incurred by them or any of them on account of such litigationor proceedings.
Provided however, that in case any part or portion of the liabilities arising hereunder this Indemnity Bond is covered under any insurance cover taken
by NRL and/or any other instrument executed between the Contractor and NRL, the same shall be excluded from any amounts due hereunder this
Indemnity Bond.
(i) This Indemnity shall remain valid and irrevocable for all claims of NRL and/or any of its employees and Directors including Independent
Directors, and its affiliates, arising out of said Contract with respect to any such litigation / court case for which NRL and/or its employees
and Directors including Independent Directors, and affiliates, has been made party until now or here-in-after.
This Indemnity shall not be discharged/revoked by any change/ modification/amendment/assignment of the contract or any merger of the Contractor
with other entity or any change in the constitution/structure of the Contractor‟s firm/Company or any conditions thereof including insolvency etc. of
the Contractor, but shall be in all respects and for all purposes binding and operative until any/all claims for payment of NRL are settled by the
Contractor and/or NRL discharges the Contractor in writing fromthis Indemnity.
The undersigned has full power to execute this indemnity Bond for and on behalf of the contractor and the same stands valid.
undersigned has full power to execute this Indemnity Bond for and on behalf of the
Witness
1.
2.