Tender

MRPL Tender No 3300007400 GCC, Rev-2
MANGALORE REFINERY & PETROCHEMICALS LTD.

(A subsidiary of Oil & Natural Gas Corpn. Ltd – ONGC)
Regd. Office: Kuthethoor P.O., Via: Katipalla, Mangalore-575030 (India)
Phone: 0091-824-2270400 Fax: 0091-824-2271239
E-PUBLIC Tender No.: 3300007400 dated 20.02.2020
TENDER FOR ONLINE MONITORING OF HCU-1 SHUTDOWN DURING

APRIL MAY 2020
Tender Download Start Date 20.02.2020

Tender Download End Date & Time 11.03.2020; 15.00 Hrs
Prebid Meeting Not Applicable
Bid Closing date & Time 11.03.2020; 15.00 Hrs
Unpriced Bid Opening date & Time 11.03.2020; 15.30 Hrs
MRPL has discontinued publication of Tender Advertisements through

newspapers or any other print media.
The complete Tender/Bidding document is available for view/download on MRPL

website http://www.mrpl.co.in as well as on https://eprocure.gov.in/epublish/app.
Further replies to pre-bid queries, all updates, Corrigendum, Addendum, Amendments,
Extension in last date of submission of bid, Clarifications etc.,(if any) to the
Tender/Bidding document will be hosted on above indicated websites only.
Bidders should regularly visit above indicated website to keep themselves updated.
MRPL Tender No. 3300007400 1 of 149

INDEX
SECTION DESCRIPTION Page Nos.
A Notice Inviting Tender (NIT) 3–4
Pre-Qualification Criteria (PQC) & Bid Evaluation Criteria

B 5–7
(BEC)
8 – 21
C Instruction to Bidder (ITB)
22 – 73
D General Conditions of Contract (GCC)
74 – 98
E Appendixes
99 - 107
F Scope of work / SCC, Technical Specifications, Drawings
108 - 109
G Price bid Format
110 - 149
H Contractor worker safety policy

SECTION-A
NOTICE INVITING TENDER (NIT)
MRPL invites Bids from eligible bidders in complete accordance with the following details and
Tender document.
The brief details of the tender are as below;
SL.
Description Details
No.
3300007400
1 Tender Number
Online monitoring of HCU-1 shutdown during April May

2 Brief Description of the Tender
2020.
3 Tender Type Open- domestic
4 Bid Type Two Bid

5 Mode Electronic Procurement System (EPS)
Tender Document download
6 20.02.2020
start date
7 Bid Closing date/Time 11.03.2020 @ 15.00 Hrs (IST)
Date / Time of Technical Bid
8 11.03.2020 @ 15.30 Hrs(IST)
Opening
9 Prebid Conference Not Applicable

Applicable Rs 54000/-
10 EMD (In words Fifty Four Thousand only)
EMD (BG or DD) drawn in favour of MRPL Mangaluru, to be sent directly to Materials
Department, MRPL, Kuthethoor PO, Via Katipalla, Mangaluru. Please super-scribe on
envelope “EMD for Tender No 3300007400 dated 20.02.2020”
Duration of Contract / Contract

11 Four months from date of order.
Period
Purchase Preference for Micro
12 Applicable
& Small Enterprises(MSE)
13 Item(s) Splittable No
Relaxation in PQC(Financial
14 Turnover & Past Experience) Not Applicable
for Start-up Companies
15 Offer Validity 90 days from Bid closing Date
16 Price Reduction Clause Applicable
17 Security deposit Applicable @ 10% of the Order value
18 Defect Liability Not Applicable
19 Integrity pact Not Applicable

Mr. Kansagara Harsh L Kumar

20. Contact details –
Email Id: harshlk@mrpl.co.in
A Technical Querries
Ph. No: 0824-288-2308 / Mobile No. 7736147736
Section Incharge: Mr. Suresh Nagavolu
Contact person for inclusion of Email : nsuresh.mrpl.co.in
Vendors Name in Limited Ph. No. : 0824-288-2215
B tenders (Refer instruction
mentioned below) /Commercial Dealing Officer: Mr. Shailendra Kumar Tiwari
Queries. E-mail: shailendra.tiwari@mrpl.co.in
0824-288-2244
Mr. Dilip Ranganath,
Email: eps@mrpl.co.in
Contact person For Queries
Phone No. 0824-288-2248
related to E-tendering
21 (Dealing officer / Section In-charge details as
mentioned above may also be contacted).
Mr. Mohan Kumar / Mr. Prabhuswamy,

Alternate Contact details for E- mohan@antaressystems.com /
Tendering prabhuswamy@antaressystems.com
22
Phone No. 080 - 49352000
Materials Department,
Mangalore Refinery and Petrochemicals Ltd,
Address to submit the tender
(A subsidiary of Oil & Natural Gas Corpn. Ltd – ONGC),
23 document (in case of Manual
PO Kuthethoor, Via Katipalla, Mangalore -575030,
Tender)
Karnataka, India
(Please mention tender number on the envelop)
Contact details & Address for Site visit.

Contact Details Address
1. Mr. Kansagara Harsh L
Kumar Mangalore Refinery & Petrochemicals Limited.
(A subsidiary of Oil & Natural Gas Corpn. Ltd – ONGC)
Kuthethoor P.O., Via: Katipalla, Mangalore-575030
(India)
Important information to be noted by the bidders:
 Bidders are requested to visit MRPL website http://mrpl.co.in regularly to keep themselves
updated. Any Revision, clarification, addendum, corrigendum, for replies to queries raised
during pre-bid meeting Time / Due date extension etc., (if any) , to this tender would appear
on the above websites only and & will not be published on any other Media /Press.
 In case of Limited tender, bidders who desire to participate in the tender and meeting the
qualification criteria, shall send their request through E-mail to the contact person as
indicated in Sl. No. 20B above table for issuing the tender enquiry / including the vendors
name in tender. Bidder shall be allowed to participate till the bid closing time.
 In case of E-Tenders, the Technical & Price Bid Formats should be downloaded, filled &
uploaded in the EPS portal (https://www.tenderwizard.com/MRPL).

SECTION – B
Pre-Qualification Criteria & Bid Evaluation Criteria
Bidder shall fulfil the following qualification criteria in order to qualify for this work:
I. यो यतापू व मानदं ड / Pre-Qualification Criteria:
Financial Turnover:
a Average Annual Financial Turnover during the last 3

Rs 8.08 Lakhs
years ending 31st March of the previous financial year
should be at least
ii. Past Experience
The Bidder should have experience of having successfully carried out and completed similar work
during the last 07 years ending last day of the month previous to the one in which tenders are
invited, which experience should be any one of the following:
a Three similar completed works, each costing not less than Rs 10.77 Lakhs
b Two similar completed works, each costing not less than Rs 13.46 Lakhs
c One similar completed works, costing not less than Rs 21.54 Lakhs
Note: 1. “Similar work is defined as having carried out integrated solution for shutdown
management through hand held devices and desktop interfaces for real time shutdown monitoring
in Refineries or Petrochemical Industries or fertilizer or gas processing plants in India
2. All above indicated amounts are exclusive of Service Tax / GST.
3. Pre-qualification criteria with respect to Prior Turnover and Prior experience may be relaxed for
Micro & Small Enterprises (to the extent of 15%) as per GOI guidelines subject to meeting of
quality and technical specifications. (For example, if PQC value applicable to other than MSE
bidders is Rs 100 /-, the same shall be Rs 85 /- for MSE bidders).
4. No Relaxation in prior turnover and prior experience criteria for Startup Company as per GOI
guidelines.
iii. Other Criteria:
a. Bidders who have been issued and executed orders for similar works in MRPL during the last
5years shall provide Completion Certificate from MRPL, else a declaration shall be given by
the bidder that they have not executed such work orders in MRPL in the said period
b. Bidder has to quote for all items as per price bid and this is to be confirmed in the format
provided along with the technical bid.
c. Experience of only the Bidding Entity shall be considered. In-house experience (where for the
past experience referred for qualification, the contractor and the Owner belonging to the same
organization) shall not be considered as a valid experience for the purpose of qualification.
d. The bidder should not be under a black-list/ holiday list of any state/central government
department or undertaking (including PSUs). Bidder shall give a declaration to this effect.
e. Joint venture / Consortium bids shall not be permitted for this tender.
Note: Bidder is required to provide the following documentary proof in support of meeting Pre-
Qualification Criteria along with their technical bid:
1. Annual reports containing Audited balance sheets and Profit & Loss statement, in support of
their fulfilling the qualification criteria. (In case the last Financial closing date is within 9 months
of bid due date and audited annual 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).
2. Bidder shall furnish documentary evidence covering similar work mentioned above, but not be
limited to :
i) Copies of work orders with relevant pages of contract and SOR,
ii) Proof of Completion / completion certificate indicating value of work completed against
above order, in support of their fulfilling the qualification criteria.
Note: Work order completion certificate furnishing the value as per PQC to be submitted i.e., if
the contract is extended, it should be continuous & total value of the extended contract shall be
considered for PQC. However, completion certificate should clearly mention the total
completed value to meet as per PQC.
3. Other relevant documentary evidence for all the above mentioned criteria. (As applicable for
the tender)
4. All documents furnished by bidder in support of meeting the experience criteria of PQC shall
be:
EITHER
“Duly certified by Statutory Auditors of the Bidder or a practicing Chartered Accountant (not
being an employee or a director or not having any interest in the bidder(s) company/firm)
where audited accounts are not mandatory as per law.
OR
“Duly notarized by any Notary Public in the bidders country.
5. MRPL reserves the right to complete the evaluation based on the details furnished without
seeking any additional information.
iv. र करनेसंबंधी मानदं ड / Rejection Criteria :-
1. Bids received after the due date and time of bid submission shall be summarily rejected.
2. Bids without EMD: Bids received without/ with insufficient EMD (in original with the Technical
Bid), before the bid closing date & time shall be summarily rejected. However, Govt. Dept.
/PSUs/ firms registered with NSIC/MSE (Micro & Small Enterprise), vendors registered with
District Industries Center (DIC), Startups are exempted from submission of EMD. Such
bidders shall submit relevant documentary proof towards exemption, along with technical bid
of the tender.
3. Offer sent without having the prescribed bidding document of MRPL, non-adherence to
technical / commercial terms & conditions, Unpriced bid and Price bid not in the prescribed
format, incomplete bids and bids with deviations to the tendered scope of work shall be liable
for rejection.
4. Non-compliance to any of PQC/BEC will be liable for rejection.
5. If technical bid & price bid are submitted together.
6. Bids found to have been submitted with falsified/ incorrect information.
7. If Bidder is in the Holiday/ Blacklist of any CPSU/ State PSU/ Central or State Government
Undertaking. Bidder shall give a self-declaration to this effect.
8. Consortium / Joint bids shall not be accepted.
9. Bidder to quote for all items enlisted in the BOQ, otherwise bid shall be rejected.
10. Offers not meeting statutory requirement are liable for rejection.
II. बोली मू यांकन मानदं ड /Bid Evaluation Criteria (बीईसी / BEC):
1) The bidder should accept in Toto the Technical specification and Scope of work given in the
Tender with no deviations as per clauses of the tender document.
2) Techno-Commercially accepted bids will be evaluated commercially on Overall L-1 basis, i.e.,
lowest landed cost to MRPL.
3) In case of a tie in overall L-1, then the bidder with higher turnover (3 years average annual
turnover total as per PQC#I) will be considered as lowest ranking tenderer. Accordingly
Purchase preference for MSE’s Bidders will be considered based on turnover.

SECTION-C
INSTRUCTION TO BIDDER(S) (ITB)
INDEX
CLAUSE. No. DESCRIPTION
1.0 GENERAL
2.0 COST OF BIDDING
3.0 SITE VISIT
4.0 TENDER INSTRUCTIONS
5.0 CLARIFICATION REQUESTS BY BIDDER
6.0 CORRIGENDUM/ ADDENDUM/ CLARIFICATION
7.0 CONFIDENTIALITY OF BIDDING DOCUMENT
8.0 LANGUAGE OF BID
9.0 PREPARATION AND SUBMISSION OF BIDS
10.0 TENDERS INVITED THROUGH E-PROCUREMENT SYSTEM
11.0 TENDERS INVITED ON MANUAL MODE
12.0 PRICE / SCHEDULE OF RATES (SOR) / BILL OF QUANTITIES
13.0 BID CURRENCY
14.0 EARNEST MONEY DEPOSIT
15.0 PRE-BID MEETING
16.0 LATE BIDS
17.0 MODIFICATION AND WITHDRAWAL OF BIDS(APPLICABLE FOR E-TENDERS ONLY)
18.0 BID OPENING
19.0 BID EVALUATION AND AWARD CRITERIA
20.0 REBATE
21.0 NOTIFICATION OF AWARD
22.0 UNSOLICITED POST TENDER MODIFICATIONS
23.0 CANVASSING
24.0 CONTACTING MRPL
25.0 COLLUSIVE BIDS
26.0 MULTIPLE/ALTERNATIVE BID
27.0 CARTEL FORMATION
28.0 CORRUPT AND FRAUDULENT PRACTICES
29.0 PUBLIC UTILITY SERVICE
30.0 INTEGRITY PACT
31.0 RAISING DISPUTES / COMPLAINTS
32.0 HOLIDAY LISTING POLICY

SECTION – C
INSTRUCTION TO BIDDER(S) (ITB)
1.0 GENERAL:
1.1 Mangalore Refinery and Petrochemicals Limited (MRPL), a subsidiary of Oil and Natural Gas
Corporation Limited, is operating a 15.25 MMTPA fuels refinery at Mangalore. The Refinery complex
is integrated to Aromatic Complex and designed to produce 900,000 TPA of Paraxylene.
1.2 The bidder is advised to read these instructions carefully and to ensure that his response complies
fully with the requirements of the tender. Failure to provide the information and documents required
by this Invitation to Bid may render the Bid to be unacceptable. Tender should be submitted in the
prescribed form supplied by the company only.
1.3 The bidder shall download the complete set of tender document from the owner’s website as per the
index of the tender, fully read, understand & compile the same as per the various instructions
contained herein and in “Instructions to Bidder”.
1.4 Every bidder must submit bid strictly in accordance with the conditions and specifications prescribed
by MRPL. Special conditions (if any) submitted along with the tender documents by the bidder will
not be applicable to this Tender, in case they are in conflict with any of our terms and conditions.
1.5 Bidders to note that Physical/ Hard Copy of the Tender Documents shall not be issued from the
office of Tender Inviting Authority. Any request in this regard shall not be entertained under any
circumstances.
2.0 COST OF BIDDING:

2.1 The Bidder shall bear all costs associated with the preparation and submission of its bid and MRPL
will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the
bidding process.
3.0 SITE VISIT :

3.1 Bidder is advised to visit and examine the site and its surrounding and shall familiarize himself of the
existing facilities and environment and shall collect all other information which he may require for
preparing and submitting the Tender and entering into the contract. Claims and objections due to
ignorance of existing conditions or inadequacy of information will not be considered after submission
of the Bid and during the contract period / after contract period. All costs for and associated with site
visits shall be borne by the bidder.
3.2 The bidder and any of his personnel or authorised representatives will be granted permission by the
OWNER to enter upon its premises and lands for the purpose of such inspection, but only upon the
explicit condition that the bidder, its personnel or authorised representative shall be understood to
have released and indemnified the OWNER and its personnel from and against all liability in respect
thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to
property and any other loss, damage, cost and expenses incurred as a result of such visit.
4 TENDER INSTRUCTIONS:
4.1 The Tender document comprises of following sections:-

• Notice Inviting Tender.
• Pre-Qualification Criteria/Bid Evaluation criteria.
• Instruction to Bidder.
• General conditions of Contract.
• Formats of Credentials / EMD / Security Deposit, etc.
• Integrity pact, etc.
• PQC Compliance, Deviation statement, declaration, etc
• Scope of work / Special Conditions of Contract,
• Price bid format.
• Contract Workers Safety Policy.

4.2 The Tender Documents shall always be & remain the exclusive property of the Owner without any
right with the Bidder to use them for any purpose except for submitting the tender in accordance with
the provisions of these instructions by the prospective Bidders and for use by the successful Bidder
with reference to the work. The Owner shall have no obligation to return to the Bidder the Tender
Documents submitted by the Bidder.
4.3 The Tender shall be completely filled in all respects and shall be tendered together with requisite
information & annexure. The Bidder is expected to examine the Tender Documents, including all
instructions, specifications and drawings in the tendering document. Failure to furnish all the
information required by the tendering documents or tender incomplete in particulars or submission of
tender not substantially responsive to the tendering document in every respect shall result in rejection
of the Tender.
4.4 It is hereby stipulated that the Tenderers shall not affect any corrections/ alterations/ modifications in
the Tender Documents and various formats contained therein. Any correction/ alteration/ modification
in the Tender Documents by the Bidder shall make their tender liable for rejection.
4.5 Originals of the documents related to the tender should be produced as and when asked for
verification, and failure to produce such Original document(s) at specified date, time and place would
mean rejection of tender for further evaluation.
4.6 When person signing the Tender / agreement is not the sole Proprietor of the company the original
Power of Attorney or a Notary certified copy thereof authorizing such person to act and sign on behalf
of the company must be enclosed.
4.7 Date format should be DD/MM/YYYY (Date/Month/Year).
4.8 Bidders should get clarified all the technical doubts and other points related to the tender before
submitting the priced and un-priced offer.
4.9 MRPL reserves the right to accept or reject any or all tenders and at any stage of the tender
evaluation process at the company's sole discretion and without assigning any reason thereof.
4.10 Any false/fake/incorrect information submitted by the bidder/contractor while submitting the bid will be
liable for rejection of bid, action like Forfeiture of EMD, Cancellation of the Order, Forfeiture of
Security deposit including Banning/Holiday listing of the Bidder’s Company/ Contractor in all
ONGC/MRPL establishments.
4.11 Any false/fake/incorrect information surfaced out after award of job would lead to action like Forfeiture
of EMD, Cancellation of the Order, Forfeiture of Security deposit including Banning/Holiday listing of
the Bidder’s Company/ Contractor in all ONGC /MRPL establishments.
4.12 If the successful bidder, backs out during finalization of tender/after award of order, action will be
initiated by MRPL as deemed fit.
4.13 The tender terms/ conditions as per SCC (Special conditions of the contract) Supercedes all similar
terms prescribed under GCC/ Other Conditions of Contract (OCC).
4.14 MRPL reserves it right to seek the Originals if needs or inspect the documents at its premises for
verification and return. In case, it is found that the bidder has attempted to mislead MRPL on any
counts, MRPL many proceed with any action that is deemed fit.
4.15 “The item supplied / service provided shall be Environment friendly and Energy efficient”.
5 CLARIFICATION REQUESTS BY BIDDER:

5.1 Although the details presented in this Tender document consisting of Conditions of Contract, Scope
of Work, Technical Specifications and Drawings have been compiled with all reasonable care, it is
the Bidder’s responsibility to ensure that the information provided is adequate and clearly
understood.
5.2 Bidder shall examine the Tender document thoroughly in all respect and if any conflict, discrepancy,
error or omission is observed, Bidder may request clarification at any time up to one week prior to
the tender closing date. Such clarification requests shall be directed as per the contact details
mentioned in the NIT.
MRPL Tender No. 3300007400 10 of 149
5.3 Any failure by Bidder to comply with the aforesaid requirement shall not excuse the Bidder, after
subsequent award of contract, from performing the work in accordance with the agreement.
6 CORRIGENDUM/ ADDENDUM/ CLARIFICATION :

6.1 MRPL may, for any reason whether at his own initiative or in response to the clarification requested
by the prospective bidder, issue amendment in the form of addendum/corrigendum/clarification during
the Tender period and subsequent to receiving the Tenders. Any addendum / corrigendum /
clarification thus issued shall become part of Tender document.
6.2 For addendum/corrigendum/clarification issued during the Tender period, Bidder shall consider the
impact in his Tender. For addendum/corrigendum/clarification(s) issued subsequent to receiving the
Tenders, Bidder shall follow the instructions issued along with addendum/corrigendum/clarification(s).
6.3 Such Addendum / Corrigendum/ Clarification(s) shall be uploaded on the MRPL website
(https://mrpl.co.in) / Owner’s e-tendering portal and it will not be published in news paper. Prospective
bidders should visit the above MRPL website / MRPL’s e-procurement site from time to time to make
note of corrigendum/addendum/clarification if any. MRPL is not responsible for non receipt of any
communication / information of addendum/corrigendum/clarification.
6.4 All such Addendum / Corrigendum / Clarification(s) issued shall form part of the Tender Documents.
6.5 It is incumbent on all the Bidders to view, download, understand and furnish Addendum /
Corrigendum / Clarification(s) along with his/its/their tender. Any deviation/ clarification due to non-
receipt of Addendum / Corrigendum / Clarification(s) at later stage should not be entertained. Any bid
without copy of Addenda/ Corrigenda/ Clarification(s), if issued, as mark of its acceptance may not be
accepted.
7 CONFIDENTIALITY OF BIDDING DOCUMENT:

7.1 All information disclosed to the Tenderers by way of the Tender Documents shall be considered
confidential and any person/ Tenderer shall not part with possession of the Tender Documents or
copy or disclose information thereof to any party, except as may be necessary for carrying out the
work. It is being understood that the Tender Documents have been downloaded by the eligible
Tenderer solely for the purpose of bidding. Where it is found that any Tenderer has violated and has
disclosed sensitive and vital information impugning on the security of the installation/ national
security, necessary action, as may be called for, may be taken against the Tenderer concerned in
addition to his being liable to be black listed and/ or barred from participating in future bids.
8 LANGUAGE OF BID:
8.1 The Bid and all correspondence incidental to and concerning the Bid shall be in the English
Language. For supporting documents and printed literature submitted in any other language, an
equivalent English Translation shall also be submitted. Responsibility for correctness in translation
shall lie with the Bidder. In case of any conflict, for the purpose of interpretation of the Bid, the
English Translation shall govern.
8.2 In the event of submission of any document / certificate by the Bidder in a language other than
English, the English translation of the same duly authenticated by Chamber of Commerce of Bidder's
country shall be submitted by the Bidder.
9 PREPARATION AND SUBMISSION OF BIDS:

9.1 The offer must be complete in all respects, leaving no scope for ambiguity. Bidder is fully responsible
for the bid submitted and no relief or consideration can be given for errors and omissions.
9.2 Date & Time of submission: Bid must be submitted by the due date and time mentioned in the
notice Inviting Tender / Letter inviting Bid or any extension thereof as duly notified in writing on
MRPL / e-tender website.
9.3 Bidder shall submit the offer in two parts:
Part I - Techno-Commercial (un-priced) bid and
MRPL Tender No. 3300007400 11 of 149
Part II - Priced bid.
9.4 Price bid & technical bids if submitted together shall be summarily rejected.
9.5 Part I - Techno-commercial bid (Unpriced Bid) shall be submitted with all documents that are
called for
- Proof of eligibility, if any, (documentary evidence for turnover, Work order copies & Satisfactory
Completion certificate, etc). Please refer to Pre-Qualification Criteria/ Bid Evaluation Criteria as
per Section B.
- EMD as applicable.
- Statement of Credential, Vendor details, MSME/Start-up details
- Declaration of Banning / Black listing / Holiday Listing
- Declaration regarding relation with any of the MRPL Directors.
- Integrity pact if applicable.
- Deviation statements.
- Declaration as per the format of ‘Undertaking by Bidders’ (attached as Appendix – XVII) duly
signed & stamped by the bidder to be submitted in Company’s letter head as token of having
read and understood all the tender requirements and accept all terms and conditions of the
tender including all corrigendum / addendum / clarification issued, if any, in lieu of submission of
full tender document with signature and Stamp on each page. However, Signed copy of
Corrigendum / amendment / addendum / Clarification if any to be submitted/upload along with
the Technical Bid / attachment in EPS system.
- Un-priced ‘Priced bid’ copy indicating quoted items,
- Any other document(s) as applicable.
Note: Bidders are required to serially number all the pages being appended by them as part of
submission to the Technical bid. Such numbering shall include Covering letter, Technical
specifications, Items list being offered, Drawings, Bid qualification proof, Testimonials, Certificates,
Catalogues, Compliance or Deviation statements, etc as applicable to this Tender and create an
Index Page with headings and corresponding page numbers. Declaration as per the format of
‘Undertaking by Bidders’ duly signed & stamped by the bidder in token of having read and
understood all the tender requirements and accept all terms and conditions of the tender including all
corrigendum / addendum / clarification issued, if any.
9.6 Priced bid (Part II) shall be submitted in the same format as mentioned/Included in the Tender
document. Otherwise, offer will be liable for rejection.
9.7 No assumption, stipulation, deviations from terms and conditions or presumptions, etc. shall be
made by the bidder while submitting the offer in the Price Part of the Tender. The liability of obtaining
all necessary clarity with respect to the tender, its technical aspects and pricing shall be on the
vendor. MRPL shall be under no obligation whatsoever to entertain any tender bid which is based on
any assumption, stipulation, deviations from terms and conditions or presumptions, etc. and would
have the option to reject such bid at their discretion.
10 TENDERS INVITED THROUGH E-PROCUREMENT SYSTEM:

10.1 For tenders invited through E-Procurement System, bids shall be submitted through online (EPS)
mode only on the Owner’s e-tendering portal for tenders invited through e-procurement mode.
10.2 Bidders to upload the Un-priced and Price part of their bids strictly in the Unpriced & Priced folders
respectively at the designated place in the e-tender portal. Non Compliance to the same may lead to
rejection of their offer.
10.3 Bids submitted in any other form through Telex/ Fax/ Telegram/ E-mail/ Courier/ Registered
Post/ manually shall not be accepted.
10.4 However, documents which necessarily have to be submitted in originals like EMD and any other
documents mentioned in the Tender Documents have to be submitted offline. The Owner shall not be
responsible in any way for failure on the part of the Bidder to follow the instructions.
10.5 Bidders should avoid the last minute rush to the website for registration of user id and password,
enabling of user id and mapping of Digital Signature, SI no, etc., since this exercise require activities
from MRPL and EPS provider and needs time. In the event of failure in bidder’s connectivity with
MRPL Tender No. 3300007400 12 of 149
MRPL/Service provider during the last few hours, bidder is likely to miss the deadline for bid
submission. Due date extension request due to above reasons may not be entertained.
10.6 Bidders to note that the very act of using Digital Signature Certificate (DSC) for downloading the bids
and uploading their offers shall be deemed to be a confirmation that they have read all pages of the
bid document without any exception.
10.7 E-Procurement System Instructions :

10.7.1 Tender is invited on-line on the website www.tenderwizard.com/MRPL from the firms having Class
IIB or above Digital Signature Certificate (DSC) (with Signing & Encryption Certificate) issued by any
agency authorized by Controller of Certifying Authority (CCA), Govt. of India.
10.7.2 Offers received online on the e-procurement portal only will be considered for evaluation.
10.7.3 The server date and time as appearing on website www.tenderwizard.com/MRPL shall only be
considered as cut-off time for receipt of tenders. Offers received by any other mode will not be
considered.
10.7.4 Bidders are responsible for obtaining the digital certificates for participation / submission of bids at
their cost.
10.7.5 The digital certificate shall be registered on the portal www.tenderwizard.com/MRPL and bidders
shall upload the bid well in time.
10.7.6 Bidder shall download the bidding manual, system requirement and vendor registration manual and
JRE setup for portal www.tenderwizard.com/MRPL to get acquainted with the procedures for
submitting the online bids and load their Bids well within the time provided for bid submission to
avoid last minute hassles
10.7.7 MRPL shall not be responsible for any delays occurred due to reasons whatsoever in receiving as
well as on line submission of offers, including internet connectivity, document uploading/downloading
issues etc.
10.7.8 Any corrigendum / amendment to the tender will be uploaded on e-Procurement site
www.tenderwizard.com/MRPL and will not be published through other mode. Prospective bidders
should visit the above MRPL e-Procurement site from time to time to make note of corrigendum /
amendment if any.
10.7.9 In case of any queries regarding registration, bid submission procedure and system related, the
bidder shall contact help desk of our e-procurement service provider M/s. ANTRES SYSTEM Ltd.,
contact person Mr. Dilip Ranganath, contact no. 0824-2882248.Email;eps@mrpl.co.in.
10.7.10 Support details as mentioned below;
Support
Name Contact No. Email ID
Location
Mangalore Mr.DilipRanganath 0824-2882248 eps@mrpl.co.in
Mr.Mohan Kumar 080-49352000 mohan@antaressystems.com

Bangalore
Mr.PrabhuSwamy 080-49352000 prabhuswamy@antaressystems.com
11 TENDERS INVITED ON MANUAL MODE:

11.1 For tenders invited through Manual mode submission, Offer shall be submitted in two parts in two
separate sealed covers:
Part-I Technical & Commercial (un-priced) bid and
Part –II Priced bid.
11.2 Both the sealed covers containing Part-I (Un priced Technical Bid) and Part-II (Priced Bid) shall be
put in one single cover and submitted by duly super-scribing Enquiry Number & Bid Closing date to
the following address, before due date and time :
MRPL Tender No. 3300007400 13 of 149
Mangalore Refinery and Petrochemicals Limited,
Kuthethoor, Katipalla, Mangalore 575 030.
Karnataka, India
11.3 In case offer received without super-scribing Tender Number it will be treated as unsolicited offer.
11.4 MRPL will not be responsible for any loss of postal delay.
12 PRICE / SCHEDULE OF RATES (SOR) / BILL OF QUANTITIES :

12.1 Unless otherwise agreed to in the terms of the Purchase Order, the price shall be firm and not
subject to escalation for any reason whatsoever till the execution of entire Purchase order/Contract,
even though it might be necessary for the Purchase order /Contract execution to take longer than the
Completion period specified in the Purchase order/Contract.
12.2 The SOR shall be read in conjunction with all other sections of Tender document.
12.3 The price quoted by the Bidder shall be firm and fixed for the completion period of the tendered
works, unless stated otherwise.
12.4 Rates / amount must be filled in ‘Schedule of Rates / price bid’ only. In any case, Bidder shall be
presumed to have quoted against the tendered description of work and the same shall be binding on
the Bidder.
12.5 Bidder shall quote for all the items of ‘Schedule of Rates / price bid’ after careful analysis of cost
involved for the performance of the completed item(s) considering all parts of the Tender document.
In case any activity though specifically not covered in description of item under ‘Schedule of Rates /
price bid’ but is required to complete the work as per Scope of Work, Scope of Supply,
Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract
or any other part of Tender document, the item(s) quoted price will deemed to be inclusive of cost
incurred for such activity.
12.6 All item(s) of work in the Bill of Quantities shall be carried out as per the specifications, and
directions / instructions of the Engineer-in-charge and the rates are inclusive of labour, supervision,
as well as preparatory, incidental, intermediate / auxiliary / ancillary or enabling works.
12.7 The rate shall include all expenditure incurred towards mobilisation and de-mobilisation. All prices
shall be quoted in Indian Rupees unless otherwise instructed.
12.8 Bidder shall be considered only if the bidder has quoted for all the items of the ‘Schedule of Rates /
price bid’ unless stated otherwise. Tenders which are received with some item(s) left blank / not
quoted for all the items of the ‘Schedule of Rates / price bid’ shall be liable for rejection.
12.9 For supply items under the scope of the Contractor supply, the rates quoted by the Bidder shall be all
inclusive for delivery of materials at site (F.O.R. destination basis). It shall include Basic Cost, all
applicable taxes, duties & levies, inspection charge, transportation charges, transit insurance,
auxiliary taxes, etc. as may be applicable. The consignee for despatch of materials shall be the
Contractor. However, the Contractor/ Supplier shall be responsible for any incidental consequences
arising out during the transit of materials up to destination (site).
12.10 Prices quoted by the Bidders shall be strictly in the given price bid format. Prices should not be
clubbed with any of items in any way i.e. complete break up as suggested to be given after each item
for the materials and works covered under the scope of contract, otherwise the bid may be
considered as non-responsive.
12.11 Unless stated otherwise in the Tender Documents, the contract shall be for the complete supplies,
services and composite works as described in the relative scope of supplies, services and composite
works.
12.12 All Government circulars/ guidelines applicable on tender work would be enforced from time to time
and it would be binding on the part of the Bidder/Contractor to abide by the same as per stipulations.
12.13 Price Bid shall not contain any conditions whatsoever. Any condition mentioned therein, Price bid
shall not be considered for evaluation.
MRPL Tender No. 3300007400 14 of 149

12.14 Any incomplete bid in any of the above requirement shall be considered as non-responsive
and shall be summarily rejected without any reference whatsoever to the Bidder.
12.15 Rates to be quoted in Figures & words:.
The price quoted by the Bidder shall be checked for arithmetic correction, if any, based on rate and
amount filled by the Bidder in the standard SOR / Price Bid format. If some discrepancies are found
between the rate / amount given in words and figures, the total amount shall be corrected as per the
following procedure, which shall be binding upon the Bidder:
12.15.1 Prices shall be written both in Words and Figures. In the event of discrepancy between the price in
figures and words, the amount entered in words would be taken into consideration for evaluation and
finalization of the order.
12.15.2 When the rate quoted by the Bidder in figures and words tallies but the amount is incorrect, the rate
quoted by the Bidder shall be taken as correct and amount reworked.
12.15.3 When there is difference between the rate in figures and words, the rate which corresponds to the
amount worked out by the Bidder shall be taken as correct.
12.15.4 When it is not possible to ascertain the correct rate, in the manner prescribed above the rate as
quoted in words shall be adopted and amount reworked.
12.15.5 When Bidder has quoted only in figures and the amount written against the particular item does not
correspond to the rate written in figures, then the higher of the rates i.e. rate worked out by dividing
the amount with quantity and quoted rate in figures shall be adopted for evaluation purposes and in
the event such a Tender is determined lowest Tender, then lower of the rates mentioned shall be
considered to award of the works.
12.15.6 When Bidder has quoted rates in figures and words but has not calculated the amount and the total
contract price, such Tenders shall be rejected forthwith without consulting the Bidder.
12.16 Bidder shall bear, within the quoted rates, income tax liability of both corporate and Personnel as
applicable in respect of their personnel and their sub contractor’s personnel, arising out of this
contract. Bidder shall also bear, within the quoted rates, the Corporate Tax, as applicable, on the
income arising out of this contract.
12.17 The rates quoted by the bidder shall be inclusive of all duties, taxes and levies etc, Central or State
or Local bodies, etc. except GST.
12.18 The rates stated in the Schedule of Rates shall not be subject to escalation on any account
whatsoever.
13 BID CURRENCY:
13.1 Bidders should quote firm prices in Indian rupee only unless otherwise specified else where in this
tender. Prices quoted in any other currency shall not be considered.
13.2 For Global tenders, Foreign Bidders may quote prices for materials and services to be imported into
India either in Indian Rupees or in Foreign Currency. For the purpose of this clause and any other
relevant provisions in these documents, Foreign Currency (FC) shall mean and be limited to US
DOLLARS, GREAT BRITAIN POUND, EURO and JAPANESE YEN.
13.3 Bidders shall quote the price for materials and services to be procured from India and for expenses
to be incurred in India only in Indian Rupees.
13.4 For evaluation purposes, the bid price shall be converted to Indian Rupees by converting the Foreign
Currency into Indian Rupees at the RBI Exchange Rate prevailing on the day of opening of the price
bid.
14 EARNEST MONEY DEPOSIT (EMD):

14.1 EMD shall be submitted by way of Demand Draft in favour of M/s Mangalore Refinery and
Petrochemicals Limited, and payable at Mangalore. Bank Guarantee in place of demand draft shall
also be accepted as per format enclosed. BG shall be valid for 180 days from the date of bid
submission. Offer submitted without requisite / insufficient EMD will be summarily rejected
without assigning any reason.
MRPL Tender No. 3300007400 15 of 149
14.2 Earnest Money Deposit (EMD) of value mentioned above should be sent in a separate cover to the
following address;
Mangalore Refinery & Petrochemicals Limited,
Kuthethoor P.O.,Via Katipalla,
Mangaluru- 575 030.
Super scribing tender number and bid submission date on the envelope. It should reach positively on
or before the bid due date and time. Otherwise, the bid will be liable for rejection.
14.3 In case of bids invited through EPS, Bidders are also advised to scan the Draft/BG and upload in
EPS along with the technical bid document.
15 PRE-BID MEETING :
15.1 Pre-bid meeting shall be held as per time & at the venue specified in the Tender Invitation. In case
pre-bid meeting information is not available in the Tender Invitation & the Owner decides to have a
pre-bid meeting to clarify any issues, necessary intimation with adequate notice shall be posted on e-
tendering portal.
15.2 Bidders can submit their queries through the e-tendering portal/e-mail one day prior to the due date
of Pre-bid meeting. The queries shall be replied during the pre-bid meeting or the Owner will respond
through the e-tendering portal to any request for clarification received by the deadline for submission
of queries.
15.3 Brief summary of the queries received through e-tendering portal, queries raised by the attending
tenderers during pre-bid meeting and the clarifications given by the Owner respect thereof, as well
as any further information which the Owner choose to furnish to the tenderers, shall be posted on e-
tendering portal in the form of Minutes of the Meeting or Addendum, which shall form a part of the
Tender Documents, unless otherwise specified.
15.4 The tenderer or their representatives with necessary authorisation letter can be present during the
Pre bid conference, if any.
15.5 If pre-bid meeting information is not available in the e-tender notice then the same shall not be held.
16 LATE BIDS:
16.1 Any bid received by MRPL after the deadline for submission of the bids (including any
extension(s) hereof) will be declared “Late” and shall be rejected.
16.2 The “Late Bid” shall be returned unopened to the bidder in due course in case of Manual Tenders.
17 MODIFICATION AND WITHDRAWAL OF BIDS(APPLICABLE FOR E-TENDERS ONLY):

17.1 The Bidder may modify or withdraw its bid after the bid’s submission, provided that the modification
or withdrawal is uploaded on e-tender website prior to the deadline prescribed for submission of bids.
18.0 BID OPENING:

18.1 UN-PRICED (TECHNO-COMMERCIAL) BID OPENING:
18.1.1 Techno-Commercial (Un-priced) Part (Part-I) will be opened on the scheduled date and time.
18.1.2 For E-Tenders, Bidders can also witness bid opening by logging on to the E-Tendering website
through their system using their valid digital signature/certificate.
18.1.3 The bidder or their representative with necessary authorization letter can be present during the
technical bid opening in case of Manual tender.
18.1.4 During the opening of Un-priced Part (Part-I), only the names of agencies who have quoted and
furnished EMD shall be made public.
18.1.5 Clarification of Bids: MRPL, if necessary, will obtain clarifications on the bid by requesting for such
information / clarifications from any or all bidders, either in writing or through personal contact. All
MRPL Tender No. 3300007400 16 of 149

responses shall be in writing, and no change in the price or substance of the bid shall be permitted
unless specifically sought by MRPL.
18.2 PRICE BID OPENING:

18.2.1 Price part of only those bidders, whose bids are considered techno-commercially acceptable, shall
be opened. Bidders selected for opening of their price bids shall be informed about the date of price
bid opening.
18.2.2 The Price Bid opening shall be done of e-tender portal and Bidders can also witness bid opening by
logging on to the E-Tendering website through their system using their valid digital
signature/certificate.
18.2.3 In case of manual tenders, bidders may depute their authorised representative during the price bid
opening with necessary authorisation letter.
18.2.4 Any unsolicited reduction in price offered by a bidder within the bid validity by way of discount or
revised prices, subsequent to the bid due date, shall not be taken into account for comparison.
However, such reduction in price shall be taken into account for ordering if such bidder happens to
be recommended as per the originally quoted prices.
18.2.5 In the event of any unsolicited price increase sought by any bidder, subsequent to the bid due date,
the bid of such a bidder shall be rejected, in case the bidder does not agree to withdraw the price
increase. However, in case the unsolicited price increase is known only after price bid opening and
the bidder’s comparative ranking changes by withdrawal of the price increase, the Bidder shall not
be allowed to withdraw the price increase and the bid shall be rejected outright. But, if such a bidder
is lowest with or without the price increase, the order shall not be placed with price increase and if
the bidder does not agree, the enquiry shall be refloated.
18.2.6 Wherever, decision is taken to reject a bid, EMD, if submitted, by the Bidder, shall also be forfeited
and action as deemed fit.
19.0 BID EVALUATION AND AWARD CRITERIA:

19.1 The Owner reserves the right to consider/ evaluate only substantially responsive tenders. A
substantially responsive tender is one, which, in the opinion of the Owner (which shall be final and
binding on the Tenderer(s)), substantially conforms to all the terms, conditions, specifications and
requirements of the Tender Document without material deviations or reservations in respect of any of
the following:
- Scope, Quality or Performance of the work;
- The Owner’s rights or the Tenderer’s obligations under the contract as per the tender
documentation;
- Such deviations the correction of which would affect the competitive position of other
tenderers, who have submitted substantially responsive bids;
- Any tender unaccompanied by the Earnest Money in a form which is not acceptable as per
the Tender Documents, or falling short of the requirement of the Tender Document, shall be
liable for rejection.
- MRPL reserves the right to use in-house information for assessment of capability of bidder
and their performance on jobs completed / in progress for evaluation purpose.
- Directives issued by Govt. of India from time to time shall be given due consideration during
bid evaluation.
19.2 Expressions like "can offer if required/ will be submitted later/ will be taken up during detailed
engineering after order is placed/ noted etc." will be construed as “TOTAL NON-
COMPLIANCE” and the Bid shall be deemed “NON-RESPONSIVE AND INCOMPLETE” and
may be summarily REJECTED.
19.3 Prior to detailed evaluation of bids, the Owner will determine whether each bid is substantially
responsive to the requirement of bidding documents. If the bid is not substantially responsive to the
requirements of the Tender Documents, it will be rejected by the Owner, and may not subsequently
MRPL Tender No. 3300007400 17 of 149
be made responsive by the Bidder having corrected or withdrawn the non-conforming deviation or
reservation.
19.4 The requirements of specifications shall be approximately studied for compliance on each of the
points. The Bidder may explain clearly his stand on the specifications not complied with. However
bids in compliance to each point would be deemed “Responsive Bid”.
19.5 Bids which do not cover the complete scope of work will be treated as incomplete and shall be
rejected.
19.6 Bid stipulating completion period/delivery schedule beyond that specified may not be considered.
19.7 Substantially responsive bids shall be evaluated by the Owner to ascertain the relative position of the
best evaluated bid in the interest of the Owner, for the total of the complete supplies and services
covered by the Tender Documents including Technical Specifications and as set out in the Price
Schedule.
19.8 The evaluation of bids shall be done on the basis of total prices quoted for the complete scope of
work and Supply, Services, Composite Works and conditions elsewhere as specified in the tender.
19.9 Bids shall be evaluated on the basis of landed cost at site including site work, if any, including all
duties, taxes, TPI, Transportation charges excluding cenvatable GST.
20.0 REBATE:
20.1 No suo-moto reduction in price(s) by bidders is permissible after opening of the bid. If any Bidder
unilaterally reduces the price(s) quoted by him in his bid after opening of bids, such reduction shall
not be considered for comparison of prices but shall be binding on the Bidder if he happens to be
selected for award of work.
21.0 NOTIFICATION OF AWARD :

21.1 The lowest evaluated bid shall be accepted by owner for award. The Bidder, whose bid is accepted,
selected for award of contract by Owner shall be issued Order/Letter/Fax of Acceptance(LOA/FOA)
prior to expiry of bid validity. Bidder shall acknowledge the receipt.
21.2 MRPL shall not be obliged to furnish any information / clarification / explanation to the unsuccessful
Bidders as regards non-acceptance of their bids. Except for refund of EMD to unsuccessful Bidders,
MRPL shall correspond only with the successful bidder.
22.0 UNSOLICITED POST TENDER MODIFICATIONS:

22.1 Bidders are advised to quote as per terms and conditions of the Bidding Document and not to
stipulate deviations/ exceptions. Once quoted, the Bidder shall not make any subsequent price
changes, whether resulting or arising out of any technical/ commercial clarifications and details
sought on any deviations, exceptions or stipulations mentioned in the bid unless any amendment to
Bidding Document is issued by MRPL/Owner. Similarly, no revision in quoted price shall be allowed
should the deviations stipulated by him are not accepted by MRPL/OWNER and are required to be
withdrawn by him in favour of stipulation of the Bidding Document. Any unsolicited proposed price
change is likely to render the bid liable for rejection.
23.0 CONTACTING MRPL :

23.1 No bidder shall contact the OWNER on any matter relating to its bid from the time of bid opening till
the time Contract is awarded, unless requested to do in writing. Any effort by a bidder to influence the
OWNER in the Owner’s decisions in respect of bid evaluation or Contract award will result in the
rejection of that bidder’s bid and action as deemed fit shall be initiated against the bidder.
24.0 CANVASSING :
24.1 Canvassing in connection with tenders is strictly prohibited and the Tenders submitted by the
Tenderers who resort to canvassing shall be liable to rejection.
MRPL Tender No. 3300007400 18 of 149

24.2 Subject to the provisions concerning clarification of Bids, no Bidder shall contact the Owner on any
matter relating to its bid from the time of the bid opening up to the time that the contract is awarded.
24.3 Any effort by the Bidder or Bidder’s representative however described to influence the Owner in any
way concerning scrutiny, consideration, evaluation of the Bid(s) or decision concerning award of
contract shall entail rejection of Bid and action against the bidder as deemed fit.
24.4 The Owner will deal with the Bidder on a principal bases, without involvement in any manner in India
or abroad of any agent or consultant or associate or other person howsoever described.
25.0 COLLUSIVE BIDS:

25.1 In case it appears to the owner, after examining the tenders received, that any 2 (two) or more
tenders are collusive or otherwise manipulated to the disadvantage of the owner and against the
spirit of ethical competition, the owner reserves the right to summarily reject such tenders. It shall not
be incumbent on the owner to prove any collusion or other malpractice in this regard.
26.0 MULTIPLE/ALTERNATIVE BID :

26.1 A bidder (i.e., the bidding entity) shall, on no account submit more than one bid either directly (as a
single bidder or as a member of consortium) or indirectly (as a sub-contractor) failing which following
actions shall be initiated:
26.1.1 All bids submitted by such bidder (say ‘A’) directly or indirectly, shall stand rejected and EMD, if any,
in case of direct bid submitted by bidder “A’ shall be forfeited.
26.1.2 If another bidder (say ‘B’) has proposed bidder ‘A’ as a sub-contractor then bidder ‘B”s bid shall also
be rejected. However, in case the bidder ‘B’ has also proposed an alternative sub-contractor who is
other than the bidder ‘A’, then bidder ‘B”s bid shall be evaluated with the proposed alternative sub-
contractor only. Hence, every bidder shall ensure in his own interest that his proposed sub-contractor
is not submitting alternative/multiple bids.
27.0 CARTEL FORMATION :

27.1 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 banned from bidding in future.
28.0 CORRUPT AND FRAUDULENT PRACTICES:

28.1 Bidders are required to furnish the complete and correct information/ documents required for
evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/
fake/ forged, the same shall be considered adequate ground for rejection of the bids and forfeiture of
earnest money deposit.
28.2 OWNER requires that the CONTRACTOR observes the highest standard of ethics during the
execution of Contract. In pursuance of this policy, OWNER defines, for the purposes of this
provision, the terms set forth below as follows:
a. “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of public official in contract execution; and
b. “Fraudulent Practice” means a misrepresentation of facts in order to influence the execution of a
Contract to the detriment of OWNER, and includes collusive practice among bidders (prior to or
after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive OWNER of the benefits of free and open competition.
c. “False/Fake” means to make or construct falsely. “Faked alibi” is a made, manufactured, or false
alibi. Something that is not what is purports to be; counterfeit, an imposter.
d. “Forgery” means the false making or the material altering of a document with the intent to
defraud. A signature of a person that is made without the person’s consent and without the
person otherwise authorizing it. A person is guilty of forgery if, with the purpose to defraud or
MRPL Tender No. 3300007400 19 of 149

injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetrated by
anyone, the actor;
i. alters any writing of another without his authority
ii. makes, completes, authenticates, executes, issues or transfers any writing, so that it
purports to be the act of another who did not authorize that act or to have been executed at a
time or place or in a numbered sequence other than was in fact the case, or to, be a copy of
an original when no such original exists.
Utters any writing which he knows to be false in a manner specified in (i) & (ii) above.
28.3 OWNER may terminate the Contract if it discovers subsequently that the Contractor had engaged in
Corrupt Practices or Fraudulent Practices in competing for the Contract.
28.4 In case, the information/ document furnished by the Contractor forming basis of evaluation of its Bid
is found to be false / fake/ forged after the award of the Contract, OWNER shall have the right to
terminate the Contract and get the remaining Works executed by a third party at the risk & Cost of
the Contractor and without any prejudice to other rights available to OWNER under the Contract
such as forfeiture of the Contract Performance Bank Guarantee, withholding of payment etc.
28.5 In case, this issue of submission of false/fake documents comes to the notice after execution of the
Works, OWNER shall have full right to forfeit any amount due to the Contractor along with forfeiture
of the Contract Performance Bank Guarantee furnished by the Contractor. Further, any Contractor
which is found guilty of any Corrupt or Fraudulent Practice or submission of false/fake /forged
documents, shall be put on the negative/ holiday list of OWNER debarring them from future business
with OWNER.
29.0 PUBLIC UTILITY SERVICE :

29.1 The Bidder / Contractor shall take on record that MRPL has been declared as a Public Utility Service
under Industrial Dispute Act 1947 and Essential Services Maintenance Act 1994 and various other
provisions hereby undertake on their behalf and on behalf of the employees under their roll that they
refrain from indulging in any activity(ies) which would hamper Industrial peace in MRPL and also
would extend their Assistance and support to MRPL to comply with the requirements within
mentioned statutory requirement / declaration.
30.0 INTEGRITY PACT: (If applicable)

Integrity Pact documents has been attached herewith. The said document shall be signed in all the
pages by the signatory of the bidder, who signs the bid and returned with the techno-commercial
bid. Offer of those bidders who do not attach the Integrity Pact duly signed shall be summarily
rejected without any further reference to the bidder.
31.0 RAISING DISPUTES/COMPLAINTS. (Applicable for all tenders where Integrity Pact is
applicable.)
31.1 MRPL has appointed independent external monitors (IEMs). Bidders may raise disputes/complaints,
if any, with the nominated Independent External Monitors (IEM). The name, emails & Phone no of
the present IEMs are as given below:
SI IEMs E-mail Id Mobile / Phone
No
Shri. M N Krishnamurthy, 9591110000

1 krishnamurthymn19@gmail.com
IPS (Retd.) 080-25427282
9444143642
2 Shri S Ravi, IRS(Retd.) sudhaandravi@gmail.com
044 -24792558
31.2 Curriculum Vitae of Independent External Monitors (IEMs) are placed permanently on the home
page of MRPL’s website www.mrpl.co.in –Tenders.
32.0 HOLIDAY LISTING POLICY:
MRPL Tender No. 3300007400 20 of 149

32.1 The Guidelines and procedures for Holiday Listing are available in MRPL website as Holiday Listing
Policy and shall be applicable in the context of all tenders and consequently all Orders / Contracts /
Purchase Orders. This can be accessed at URL www.mrpl.co.in refer to Tenders - Holiday Listing
Policy.
32.2 Agencies participating in tenders are deemed to have read, accepted and agreed for the Holiday
Listing Policy of MRPL and shall not seek any damages/compensation from MRPL on account of the
Holiday Listing of business with the Agency.
32.3 DECLARATION : Any party or its associated company if had been in the holiday list / black-listed/
banned by any Central / State Government agencies or any Central / State PSU company or
any Regulatory Institution/Authority and such name appears in the list of the above mentioned
central / state Government agencies or central / state PSUs or any Regulatory Institution/Authority as
on date is disqualified and would not be considered.
An affidavit to this effect/ or an affidavit that the vendor is not holiday listed / black listed /
banned by above mentioned Agencies is required to be produced, if called for by MRPL, in
the event of award of work order.
MRPL Tender No. 3300007400 21 of 149

SECTION-D
GENERAL CONDITIONS OF CONTRACT (GCC)
INDEX
CLAUSE. No. DESCRIPTION

SECTION - I
1.0 DEFINITIONS
SECTION - II
2.0 LOCATION AND ACCESS OF SITE
3.0 SCOPE OF WORK
4.0 CONSTRUCTION POWER & WATER
5.0 ACCOMODATION
6.0 TRANSPORTION
7.0 CONSTRUCTION EQUIPMENT
8.0 PUTTING UP OF BUILDINGS ON PROJECT SITE
SECTION - III
9.0 GENERAL GUIDELINES
10.0 CORRECTNESS OF DOCUMENT
11.0 EARNEST MONEY DEPOSIT
12.0 BID VALIDITY / BID OPENING
13.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER
14.0 TIME SCHEDULE/MOBILISATION/COMPLETION PERIOD
15.0 SITE ORGANISATION
16.0 UNDERGROUND AND OVERHEAD STRUCTURES
17.0 CO-ORDINATION WITH OTHER AGENCIES
18.0 NOTE TO SCHEDULE OF RATES
19.0 ACCEPTANCE OF TENDER
20.0 ISSUE OF WORK ORDER / LOI
SECTION - IV
21.0 INTERPRETATION OF CONTRACT DOCUMENTS
22.0 SECURITY DEPOSIT
23.0 RECOVERY OF SUMS DUE
24.0 FORCE MAJEURE CLAUSE
25.0 PRICE REDUCTION SCEHDULE
26.0 PENALTY CLAUSES
27.0 SUB-LEASING / OPERATION OF CONTRACT
28.0 SUSPENSION OF WORKS
29.0 CANCELLATION
30.0 TERMINATION
31.0 INSPECTION / OPERATION CONTRACT
32.0 MAKE OF EQUIPMENTS/COMPONENTS
33.0 QUALITY ASSURANCE SYSTEM
34.0 TEST AND INSPECTION OF WORKS
35.0 DEFECT LIABILITY
36.0 LIMITATION OF LIABILITY
37.0 RISK PURCHASE CLAUSE
38.0 COPY RIGHT / TRADE MARK OF MRPL RELATED DISCIPLINE
39.0 ROYALTY
MRPL Tender No. 3300007400 22 of 149
40.0 BUSINESS SECRET/MARKETING DISCIPLINE

41.0 SEVERABILITY
SECTION - V
42.0 PAYMENT TERMS
43.0 ADVANCE PAYMENT / MOBILISATION ADVANCE
SECTION - VI
44.0 ARBITRATION & CONCILIATION
45.0 JURISDICTION
SECTION - VII
46.0 TAXES AND DUTIES
47.0 CHANGE IN LAW
SECTION – VIII
48.0 MANPOWER EMPLOYED BY TENDERER
49.0 MEDICAL
50.0 LABOUR LAWS
51.0 LABOUR RELATIONS
52.0 CONTRACTOR’S LABOURERS TO LEAVE SITE ON COMPLETION OF THE WORK
53.0 TEMPORARY WORKS
54.0 PROVIDENT FUND
55.0 OBSERVATION OF FORMALITIES RELATING TO PF, ESI REGISTRATIONS
56.0 INSURANCE
57.0 CONTRACTOR FURNISHED INSURANCE
VERIFICATION OF CHARACTER AND ANTECEDANTS OF CONTRACTUAL
58.0 MANPOWER
BROAD GUIDELINES FOR EFFECTIVE IMPLEMENTION OF CONTRACT
MANAGEMENT SYSTEM AND MEETING OF STATUTORY REQUIREMENTS IN
59.0 ENGAGEMENT OF SECONDARY WORK FORCE
60.0 DETAILS OF MINIMUM PAYMENT TO WORKFORCE EMPLOYED BY CONTRACTOR
SECTION - IX
61.0 STATUTORY REQUIREMENTS / SAFETY RELATED ASPECTS
SECTION – X
GENERAL GUIDELINES TO SUPPLIERS (AS APPLICABLE) FOR ENVIRONMENT AND
62.0 ENERGY COMPATIBILITY
GENERAL GUIDELINES TO SERVICE PROVIDERS (AS APPLICABLE) FOR
63.0 ENVIRONMENT AND ENERGY COMPATIBILITY
SECTION – XI
64.0 CONDITIONS FOR MICRO AND SMALL ENTERPRISES (MSEs)
65.0 CONDITIONS FOR START-UP COMPANIES
POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT)
66.0 PP-LC.
MRPL Tender No. 3300007400 23 of 149

SECTION - D
GENERAL CONDITIONS OF CONTRACT (GCC)

SECTION - I
1. DEFINITIONS :
1.0 The following expressions hereunder and elsewhere in the Contract Documents used, unless
objectionable to the subject or context thereof, shall have the following meanings
hereunder respectively assigned to them, namely;
1.1 The “OWNER” means Mangalore Refinery & Petrochemicals Limited a company incorporated in
India having its registered office at Mangalore, Karnataka and shall include its successors and
assignees
1.2 "Acceptance of Tender" shall mean the Acceptance of Tender issued by the OWNER to the
CONTRACTOR, and shall include a letter, e-mail or fax of acceptance or other notification of
award of work, and a detailed Letter of Acceptance.
1.3 "Approval" shall mean the written and signed approval of the OWNER or of Engineer-in-Charge or
Consultant authorized in this behalf by the OWNER, and with respect to a plan or drawing shall
include an approval subject to the limitation(s) specified in such approval.
1.4 "Approval " shall mean an approval to proceed with the work covered by plans or drawings
subject to certain limitation(s) as specified in such approval.
1.5 The "Contract" shall mean the agreement between the parties as derived from the Contract
Documents.
1.6 The "CONTRACTOR" shall mean Individual, Agency, Firm or Company (whether incorporated or
not) selected by the OWNER for the performance of the Contract and shall include its legal
representatives, successors and permitted assigns.
1.7 The "Contract Documents" shall means collectively the Tender Document. Designs. Drawings or
Specifications, agreed variations, if any, and such other document constituting the tender and
acceptance thereof.
1.8 "Completion" or "Final Completion" shall mean the successful provision of all materials and inputs
and the successful completion and conclusion of all activities required in all respects to complete
the contractual works in accordance with the contract, but shall not include the obligation to rectify
defects during the Defect Liability Period.
1.9 "Completion Certificate" shall mean the Completion Certificate issued by the Engineer-in-Charge in
accordance with the provisions hereof.
1.10 "Commissioning" of a Plant or Unit shall mean pressing into service the unit(s), equipment(s),
vessels, pipeline(s), machinery and systems and sub-systems comprising the Plant, in accordance
with the approved Operation Manual and as per procedures recommended by the
Designer/Process Licensor or Supplier thereof, and approved by the OWNER, after successful trial
runs of the Plant/Unit.
1.11 "Consultant" shall mean the Consultant appointed by the OWNER for the Project/job or the
Works.
1.12 "Consumables" shall mean all items which are consumed in the execution of the Work, without
being directly incorporated in the Work, such as fuel, electricity, water, welding rods, electrodes
and utilities.
1.13 "Defect Liability Period" shall mean the defect liability period as specified in the Contract.
1.14 The "Engineer-in-Charge" shall mean the Engineer or other officer of the OWNER, Consultant or
other organisation for the time being nominated by the OWNER in writing to act as Engineer-in-
Charge for the purpose of the Contract or any specific works.
1.15 "Final Certificate" shall mean the final certificate issued by the Engineer-in-Charge in accordance
MRPL Tender No. 3300007400 24 of 149
with the provisions hereof.
1.16 "General Manager" shall mean the General Manager or other Chief Executive (howsoever
designated) of the Project to which the Contract relates, and if there is no such separate Chief
Executive, shall mean the Executive Director (if any) or the General Manager, as the case may be,
of the Refinery, Unit or Department of the OWNER to which the Project relates.
1.17 "Guarantee tests" shall mean all tests, undertaken after the Plant goes into operation and has
stabilized, for ensuring that the functioning of the Plant meets all guarantees, as regards
throughput, quality and magnitude/quantity of output, at the final stage as well as at the stipulated
interim stages of operation/process, as well as in respect of consumption of utilities, chemicals and
catalysts, etc.
1.18 "Job Site" shall mean any site at which the work is to be performed by the CONTRACTOR, and
shall include a part or portion of the job site.
1.19 "Manuals" shall mean the Erection and Installation Manual of the various equipment and machinery
forming part of the Work(s) or Plant(s)/Unit(s) as well as the Operation and Maintenance Manuals
thereof.
1.20 "Materials" shall mean all materials, plant, machinery, instruments, components, equipments, sub-
assemblies and assemblies, parts, spares and other items or things required for permanent
incorporation in the works.
1.21 "Mechanical Completion", as applied to a Plant or Unit, shall mean the completion of civil works,
erection, aligning and grouting of all mechanical and electrical equipment and piping, hydrostatic
and other testing of all storage tanks, vessels, piping etc., all electrical and all utility connections to
the equipment, mounting and fixing of all instruments, control systems and connecting them as
required, testing and trial runs of all equipment on "no-load" and bringing the Plant to a state of
readiness for pre-commissioning.
1.22 "Order" and "Instruction" shall respectively mean any written Order or Instruction given by the
Engineer-in-Charge or Site Engineer within the scope of their respective powers in terms of the
Contract.
1.23 "Plans" and "Drawings" shall mean and include all technical documentation such as maps,
sketches, designs, drawings, plans, details, charts, schedules, tracings, prints, computer outputs,
printouts, and manuals, relating to the work forming the subject matter of the contract, including but
not limited to those forming part of the Tender Documents, Offer Documents, and working drawings
and details, together with amendments/ alterations/ revisions/ modifications thereto, as may have
been approved by and/or furnished by the OWNER, the Engineer-in-Charge and/or the Consultant,
as well as "As-Built" drawings to be submitted by the CONTRACTOR, as required under the
contract.
1.24 "Pre-commissioning" shall mean the activities to be taken up before the taking up of Start-up,
Commissioning and trial runs of the Plant/Unit, and shall include, without being limited to, all
operations such as checking of all systems, subsystems, piping and vessels, flushing with air,
water and steam, air-blowing and steam-blowing, system pressure and leak tests, purging with
inert gas as required, checking all electrical equipment for earthing/ resistances, operability tests
and cold run on all operating equipment, vessels and systems individually and in combination,
integration of all control systems with one another and with the main control system, and
completion of all operations detailed under the head, "COMPLETION OF CONSTRUCTION".
1.25 "Progress Schedule" shall mean the Progress Schedule established by the CONTRACTOR and
approved by the Engineer-in-Charge for completion of the work(s) within the time schedule in
accordance with the provisions hereof and failing such Progress Schedule, shall mean the
Progress Schedule established by the Engineer-in-Charge in accordance with the provisions
hereof.
1.26 "Performance Test(s)" shall mean all tests meant to ensure that the Plant(s)/Unit(s) is/are in all
respects in accordance with the requirements of the Contract and that the Plant functions properly
and smoothly, in all respects as per the approved design parameters, within the permissible
tolerances, and satisfies all the stipulated operating parameters, and will include the Guarantee
Tests.
MRPL Tender No. 3300007400 25 of 149
1.27 "Project" shall mean the project embracing the work(s) forming the subject matter of the Contract.
1.28 The "Site Engineer” shall mean the Engineer(s)/Officer(s) for the time being designated by the
Engineer-in-Charge as his representative(s) in writing, and authorized by him to assist him in
performing his duties and functions for the purpose of the Contract.
1.29 "Plant" or "Unit" shall mean the grouping of and assembly of systems, subsystems, machinery,
equipment, piping and associated facilities, designed to function as a cognizable part of the Project
Facility whether alone or in conjunction with other Plants/Units and Facilities.
1.30 "Schedule of Rates" or "Price Schedule" shall mean the Schedule of Rates or Price Schedule
annexed to the Acceptance of Tender, and shall also include a lump sum price.
1.31 The "Specification(s)" shall mean the various specifications as set out in the Specifications forming
part of the Tender Documents and as referred to and derived from the Contract and any order(s) or
instruction(s) thereunder, and in the absence of any specifications as aforesaid covering any
particular work or part or portion thereof, shall mean the Specifications and Codes of the Bureau of
Indian Standards and other Organizations, including but not limited to British Standards Institution,
ASTM, ASME, ANSI, API, AWS, AWWA, NACE, HEI, IEC, IBR, IEEE, EIL, CPWD, etc, with such
modifications as may be applicable for the particular part(s) of the Contract, as decided by the
Engineer-in-Charge and as per Standard Engineering and Industry Practice and/or as directed by
the Engineer-in-Charge.
1.32 "Security Deposit" shall mean the Security Deposit as specified hereof and associated clauses
there under.
1.33 "Subsystems" shall mean the further breakdown of a System into its subsections and sub-
components, each designed to fulfill a precisely demarcated function or role in the working of the
system.
1.34 "Start-up" shall mean all activities required to be performed after pre-commissioning and prior to
trial operation and shall include final pre-commissioning inspection and check out of equipment,
vessels and system(s) and supporting sub-system(s), initial operation of complete equipment and
systems within the Plant/Unit to obtain necessary pre-trial operation data, confirmation and
correction of calibration, shutdown inspection and adjustment and other steps required to be taken
prior to and enable commissioning/trial operation.
1.35 "System" shall mean the breakdown of the Plant or Unit into specific sections and components,
each designed to fulfill a precisely demarcated function or role in the working of the Plant/Unit
(Examples: Fresh water system, circulating water system, steam and power generation and
distribution systems, fuel system, effluent system in a Power Plant.)
1.36 "Time Schedule" shall mean the Time Schedule for final completion of the Works or Mechanical
Completion of the Plant(s)/Unit(s), as the case may be, incorporated in the Contract or as may be
extended by the OWNER or Engineer-in-Charge pursuant to the provisions hereof and shall
include interim time schedules set up for achieving interim/phase-wise/stage-wise
progress/completion/ testing/ commissioning/ handing over, as may be prescribed by the
OWNER/ Engineer-in-Charge, within the overall Time Schedule as originally envisaged or as
extended.
1.37 The "Total Contract Value" shall, up to calculation of the entire remuneration due to the
CONTRACTOR in terms of the contract on successful completion of the work, mean the Total
Contract Value as specified in the Acceptance of Tender, and after calculation of the entire
remuneration due to CONTRACTOR under the contract on successful completion of the contract,
shall mean the totality of such remuneration.
1.38 "Utilities" shall mean power, electricity, gas and other sources of energy, water, earth and other
things whatsoever (other than materials and consumable(s)) required for or in the performance of
the work(s).
1.39 "Work", "Scope of Work", "Service", and "Scope of Services" shall mean the totality of the work,
services and activities to be performed or undertaken and the totality of the responsibilities to be
discharged, as envisaged by expression or implication in the contract and shall include all inputs
required for such performance and discharge including (but not limited to) know-how,
design/engineering inputs, preparation and supply of drawings and details, project management
MRPL Tender No. 3300007400 26 of 149
(including pre-construction activities, tendering, procurement, inspection and expediting),
construction supervision, pre-commissioning, start-up and commissioning and supply of
consumables, labour, construction and other requisite machinery and equipment, utilities and
inputs required for, relative or incidental to and/or in connection with the performance of the
contract up to completion (including testing, commissioning, handing over, troubleshooting,
rectification, maintenance and defect liabilities).
SECTION – II
2.0 LOCATION AND ACCESS OF SITE :

2.1 The work site is located within MRPL Refinery complex, Mangaluru / Refer SCC.
3.0 SCOPE OF WORK :

3.1 The scope of the work covered in this tender shall be as specified in the various Technical
Specifications/SCC. It is, however, explicitly understood and confirmed by the CONTRACTOR that
the scope as described in the TENDER DOCUMENT is not limiting, in so far as the responsibilities
of the Contractor shall include, inter-alia, carrying out any and all works and providing any and all
facilities those are required in accomplishing the task, complying fully with all requirements as are
envisaged of it, complete in all respects and satisfying all performance and guarantee requirement
stated or implied form the contents of the BIDDING documents. Note: Please refer to SCC for
Tech specifications/conditions/Price bid.
4.0 CONSTRUCTION POWER & WATER (If APPLICABLE):

Please refer SCC / Scope of work
5.0 ACCOMMODATION :
5.1 MRPL shall not provide any accommodation for Contractor/ his staff /workers. Special instruction if
any in this regard, please refer SCC/ Scope of work.
6.0 TRANSPORTATION :
6.1 MRPL shall not arrange any transportation (to and fro) to MRPL for Contractor/ his staff /workforce.
Special instruction if any in this regard, please refer SCC/ Scope of work.
5.2
7.0 CONSTRUCTION EQUIPMENT :

7.1 The Contractor shall without prejudice to his overall responsibility to execute and complete the work
as per specifications and Time Schedule, progressively deploy adequate equipments and tools and
tackles and augment the same as decided by the Engineer-in-Charge depending on the exigencies
of the work so as to suit the construction schedule. The tenderer shall submit a list of construction
equipments he proposes to deploy for the subject work along with deployment schedule. No
construction equipment shall be supplied by the Owner Unless, otherwise specified.
Tenderer to ensure deployment of suitable cranes/required equipment and take all safety
precautions during execution of work. Refer SCC for clear terms.
8.0 PUTTING UP OF BUILDINGS ON PROJECT SITE (If applicable) :

8.1 The contractor shall put up temporary structures as required by him for his office fabrication shop
and stores only on the area allocated to him on the Project Site. No tea stalls/canteens should be put
up or allowed to be put up by contractor in plant area without written permission of the owner.
8.2 No Person other than authorised watchman shall be allowed to stay in the plant area after
completion of the days work without prior written permission of the Engineer-in-charge.
SECTION - III
9.0 GENERAL GUIDELINES (As applicable) :

MRPL Tender No. 3300007400 27 of 149
9.1 Every tenderer must quote strictly in accordance with the conditions and specifications prescribed by
MRPL. Special conditions (if any) submitted along with the tender documents by the bidder will not
be applicable to this Tender, in case they are in conflict with any of our terms and conditions.
9.2 All entries in the tender must be written in permanent ink or typewritten without use of eraser or
overwriting. Corrections if any, should be attested under the full signature of the Bidder.
9.3 All tenderers are required go through the GCC carefully and submit a declaration statement as
enclosed in tender as token of having read, understood and accepted the conditions, along with
information called for by MRPL.
9.4 Company will not be responsible for loss or late /non-receipt of tender documents.
9.5 MRPL reserve the right to assess bidder’s capability and capacity to execute the work using in-house
information and by taking into account other aspects such as concurrent commitments and past
performance, etc.
9.6 Submission of authentic/genuine documents is the prime responsibility of the bidder. Wherever
MRPL has concern or apprehension regarding the authenticity/genuineness of any document, MRPL
reserves the right of obtaining the documents cross verified from the document issuing authority.
9.7 MRPL reserve the right to complete the evaluation based on the details furnished by the bidder in the
first instance along with their bid without seeking any additional information.
9.8 Bidder should have independent ESI & PF code allotted by Employee State Insurance Corporation
and Employees Provident Fund Organization. The details should be enclosed along with the
technical bid. However, in the event of non-availability of PF code at the time of submitting the bid,
the successful bidder shall obtain the same within 45 days from the date of commencement of the
work and an undertaking to this effect shall be enclosed.
9.9 The wages paid by the contractor to their employees / workmen shall be fair and in no case be less
than the wages prescribed by the appropriate Government under the Minimum Wages Act, 1948 and
all provisions of Regulation of Contract Labour Act. In addition to the minimum wages prescribed by
the appropriate government/authorities, the successful bidder shall pay employer contribution of PF,
ESI, Leave wages, Bonus as per bonus act, MRPL special allowance as per clause 59.0. All safety
gadgets, Uniform shall be given to the employees by the bidder as per F&S Dept requirements.
9.10 All tenderers are required to give details in the Performa attached (Appendix-V, VI & VII) and attach
to Technical bid.
9.11 DIFFERENCE IN MEANINGS/TERMS : In case of any difference of any of the terms and conditions
either in the meaning or understanding or contradictory terms or conditions at different
places/portions in this document, the more stricter terms favouring MRPL will apply. The bidder
shall also seek clarifications on such issues from MRPL before submission of the quotes.
10.0 CORRECTNESS OF DOCUMENT:

10.1 It shall be understood that every endeavour has been made to avoid error which can materially
affect the basis of this tender and the successful tenderer shall take upon himself and provide for
risk of any error which any subsequently be discovered and shall make no subsequent claim on
account thereof no advantage is to be taken by the tenderer successful Or otherwise of any clerical
error of mistake which may occur in the general specification, schedules, plans of tender forms
supplied to the tenderer.
11.0 EARNEST MONEY DEPOSIT :

11.1 Incomplete tender/ tenders without requisite / insufficient EMD will be rejected. The Company
reserves the right to reject a tender or all the tenders without assigning any reason whatsoever.
11.2 EMD may be paid in one of the following forms in a separate sealed cover.
i. Demand drafts or Pay Order drawn on Scheduled Bank in favour of MRPL, Mangalore.
ii. Bank Guarantee in prescribed format (enclosed) which is enclosed, executed by scheduled /
Nationalised Bank and valid for a period of 180 days.
iii. EMD to be sent to the concerned officer before due date/ time.
11.3 Company will not be responsible for loss or late / non receipt of EMD.
MRPL Tender No. 3300007400 28 of 149
i. No interest shall be payable on Earnest Money Deposit.
ii. Late receipt of EMD will be summarily rejected.
iii. No Cheques will be accepted towards EMD.
11.4 Tender will be summarily rejected under following circumstances
i) EMD submitted in form of cheque.
ii) The name of tender mentioned in the BG is different from the tender for which bids have been
invited.
iii) The firm on whose behalf the BG has been furnished is different from the bidder
iv) The EMD is not of prescribed/requisite value.
v) The validity of the BG is less than the stipulated period.
11.5 Earnest Money is liable to be forfeited if tenderer.

i) Withdraws or modifies offer in full or part during the validity period.
ii) Failure of the bidder to honor their offer.
iii) Non acceptance of Purchase / Work Order placed by MRPL.
iv) Does not Confirm of acceptance of order within the stipulated time after placement of order.
v) Inability to perform satisfactorily after receipt of order in case of successful bidder.
vi) If document(s)/certificate(s) submitted along with the bid are found false/fake, fabricated,
incorrect information.
vii) The name of the tender mentioned in the BG is different from the tender for which bids have
been invited.
viii) The firm on whose behalf the BG has been furnished is different from the bidder.
11.6 The following are exempted from payment of EMD.
i. The unit is registered with NSIC for the item tendered.
ii. In- line with the Government Directives, Small Scale Industrial Units registered with National
Small scale Industries Corporation (NSIC) under the single point registration scheme shall be
exempted from submitting EMD for items registered with NSIC and upto the monetary limit
specified in the registration certificate.
iii. MSE (Micro &. Small Enterprises) registered with DIC.
iv. MSEs who are having Udyog Aadhar Memorandum.
v. PSU’S are exempted from payment of EMD.
11.7 Refund of EMD :

i. If the successful tenderer commences supplies / work and also lodges the security deposit in
the manner prescribed and within the period specified, MRPL shall return to him Earnest
Money Deposit, paid by him without any interest thereon.
ii. Earnest Money Deposit will be refunded to all unsuccessful tenderers after finalisation of the
Tender.
12.0 BID VALIDITY / BID OPENING :

12.1 The rate quoted against this tender shall be valid for a period as mentioned in the NIT (as specified
in from the date of opening of tenders and once the quotation is accepted and order placed on the
successful tenderers, the rate shall be valid for the full period of the contract (INCLUDING THE
EXTENDED PERIOD, IF OPTED BY MRPL).
12.2 Tenderers are requested to carefully study the entire tender document and the conditions so
specified before quoting their rates, no alteration in the tender rates quoted will be allowed.
12.3 The Technical bid opening for Public Tenders will be done on the same day of Bid closure.
12.4 The price bid of the qualifying parties will be opened online as per MRPL Procedures for e-
procurement tenders.
13.0 RIGHT OF OWNER TO ACCEPT OR REJECT TENDER:

MRPL Tender No. 3300007400 29 of 149
13.1 The right to accept the tender will rest with the OWNER. The OWNER, however, does not bind
himself to accept the lowest tender, and reserves to itself the authority to reject any or all the tenders
received without assigning any reason whatsoever. At the option of the Owner, the work for which
the tender had been invited, may be awarded to one Contractor or split between more than one
bidders, in which case the award will be made for only that part of the work, in respect of which the
bid has been accepted. The quoted rates should hold good for such eventualities. Tenders in which
any of the particulars and prescribed information are missing or are incomplete in any respect and/or
the prescribed conditions are not fulfilled are liable to be rejected. The Tender containing uncalled for
remarks or any additional conditions are liable to be rejected. Canvassing in connection with tenders
is strictly prohibited and tenders submitted by the Tenderers who resort to canvassing will be liable to
rejection.
14.0 TIME SCHEDULE/MOBILISATION/COMPLETION PERIOD – Refer SCC :

14.1 The WORK shall be executed strictly as per the TIME SCHEDULE specified in
TENDER/CONTRACT Document. The period of construction given in Time Schedule includes the
time required for mobilisation as well as testing, rectifications if any, retesting and completion in all
respects to the entire satisfaction of the ENGINEER-IN- CHARGE.
14.2 A joint programme of execution of the WORK will be prepared by the ENGINEER-IN-CHARGE and
CONTRACTOR based on priority requirement of this project. This programme will take into account
the time of completion mentioned in 14.1 above and the time allowed for the priority works by the
ENGINEER-IN-CHARGE.
14.3 Monthly/weekly construction programmes will be drawn up by the Engineer-in-charge jointly with the
Contractor based on demand/ availability of materials, work fronts etc. The Contractor shall
scrupulously adhere to the targets/programmes by deploying adequate personnel, survey
instruments, construction equipment, tools and tackles and also timely supply of required materials
coming within his scope of supply as per contract. In all matters concerning the extent of targets set
out in the monthly/weekly programe and the degree of achievements, the decision of Engineer-in-
charge will be final and binding on the Contractor.
14.4 Contractor shall give every day report on deployment of category-wise labour and equipment along
with the progress of work done on previous day in the proforma prescribed by the Engineer-in-
Charge.
15.0 SITE ORGANISATION :

15.1 The tenderer shall submit the details of organisation proposed by him at site of work for the
implementation of the works under the contract, together with bio-data of the key personnel. The
contractor shall however without prejudice to his overall responsibility of execute and complete the
works as per specifications and time schedule progressively deploy adequate qualified and
experienced personnel together with skilled/unskilled manpower and augment the same as
decided by Engineer-in- Charge depending on the exigencies of work to suit the construction
schedule without any additional cost to owner.
16.0 UNDERGROUND AND OVERHEAD STRUCTURES :

16.1 The Contractor will familiarise himself with and obtain information and details from the Owner in
respect of all existing structures, overhead lines, existing pipelines and utilities existing at the job
site before commencing work. The Contractor shall execute the work in such a manner that the said
structures, utilities, pipelines etc are not disturbed or damaged and shall indemnify and keep
indemnified the Owner from and against any destruction thereof or damages thereto.
17.0 CO-ORDINATION WITH OTHER AGENCIES :

17.1 The work shall be carried out in such manner that the work of other agencies operating at the site is
not hampered due to any action of the Contractor. The Contractor will be responsible for ensuring
proper co-ordination with other agencies. In the event of any dispute between the Contractor and
any other agency employed at the job site arising out of or related to the performance of the work,
the decision of the Engineer-in-charge shall be final and binding on the Contractor.
MRPL Tender No. 3300007400 30 of 149

18.0 NOTE TO SCHEDULE OF RATES:
18.1 The Schedule of Rates should be read in conjunction with all the other sections of the tender.
18.2 The tenderer shall be deemed to have studied the DRAWINGS, SPECIFICATIONS and details of
work to be done within TIME SCHEDULE and to have acquainted him of the condition prevailing at
site.
18.3 Rates must be filled in the Schedule of Rates of original Tender Documents. If quoted in separate
typed sheets no variation in item description or specification shall be accepted. Any exceptions taken
by the tenderer to the Schedule of Rates shall be brought out in the terms and conditions of the offer.
18.4 The quantities shown against the various items are only approximate. Any increase or decrease in
the quantities shall not form the basis of alteration of the rates quoted and accepted.
18.5 The Owner reserves the right to interpolate the rates for such items of work falling between similar
items of lower and higher magnitude.
19.0 ACCEPTANCE OF TENDER:

19.1 The Owner reserves the right to reject, accept or prefer any or all or part of the Tender or to annul
the bidding process at any time prior to award of Contract, without thereby incurring any liability to
the affected Bidders.
19.2 Although ordinarily the lowest responsive bid amongst the bids submitted by tenderers and
considered by the Owner as qualified and competent shall be preferred, the Owner reserves the right
not to accept the lowest bid if in its opinion this would not be in the interest of the work.
19.3 Tenders in which any of the particulars and prescribed information is missing or is incomplete in any
respect and/or the prescribed conditions are not fulfilled shall be considered non-responsive and are
liable to be rejected.
19.4 The Owner may waive any minor infirmity or non-conformity or irregularity in a bid which does not
constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking
of any Bidder.
19.5 The price bid of only those Bidders will be opened who are considered techno-commercially
acceptable to the Owner. Date of opening of the price bid shall be informed to the technically
qualified Bidders.
19.6 The decision of Owner for acceptance of tender shall be final.
20.0 ISSUE OF WORK ORDER/LOI :

20.1 Work order for the awarded work shall be issued after award of works, which is intimated to the
successful tenderer by a Letter of Acceptance (LOA) / Letter of Intent(LOI) / Order. Until the final
contract document/W.O is prepared and executed, this tender document together with annexed
documents, modifications, deletion, agreed upon by the Owner and the Tenderer's acceptance
thereof shall constitute a binding contract between the successful tenderer and the owner based on
the terms contained in the above said documents and the finally submitted and accepted price
schedule.
20.2 The Work order / Purchase order / Contract shall consist of the following:
(a) Letter of Acceptance / Letter of Intent along with its enclosures.
(b) Tender document with its enclosures.
(c) Agreement on Stamp paper, at MRPL discretion.
20.3 The statement of agreed deviation shall be prepared based on the final terms and conditions and
shall be enclosed along with LOA/LOI/Order and all correspondence and minutes of meeting held
between the owner and the tenderer prior to the issue of LOA/LOI/Order shall be treated as NULL
AND VOID. Any deviation or stipulation made and accepted by the owner after the award of jobs
shall be treated as amendments to the contract documents.
SECTION – IV
MRPL Tender No. 3300007400 31 of 149
21.0 INTERPRETATION OF CONTRACT DOCUMENTS:

21.1 The several Contract documents forming the Contract are to read together as a whole and are to be
taken as mutually explanatory.
21.2 Notwithstanding the sub divisions of the document into these separate sections and volumes every
part of each shall be deemed to be supplementary to and complementary of every other part and
shall be read with and into the contract so far as it may be practicable to do so.
21.3 In case of an irreconcilable contradiction in the commercial terms or conditions to the extent that the
two provisions cannot co-exist, the following shall prevail in order of precedence.
i) Contract Agreement
ii) Detailed Letter of Acceptance/Purchase Order/Work Order/Contract
iii) Statement of Agreed Variations
iv) Special Conditions of Contract
v) Instructions to Bidders
vi) Price Schedule
vii) General Conditions of Contract
viii) Any other documents forming part of the Contract.
21.4 Where any portion of the Special Conditions of Contract (SCC) is repugnant to or at variance with
any provisions of the General Conditions of Contract them unless a different intention appears. the
provision of the Special Conditions of Contract shall be deemed to override the provisions of the
General Conditions of Contract only to the extent such repugnancies or variations in the Special
Conditions of Contract as not possible of being reconciled with the provisions of General Conditions
of Contract.
21.5 Wherever it is stated anywhere in this tender document that such and such a supply is to be effected
or such and such a work is to be carried out, it shall be understood that the same shall be
effected/carried out by the contractor at his own cost, unless a different intention is specifically and
expressly stated herein or otherwise explicit from the context.
21.6 The materials, design and workmanship shall satisfy the relevant Indian Standards, the Technical
Specifications contained herein and codes referred to. Where the job specifications stipulate
requirements in addition to those job contained in the standard codes and specifications, these
additional requirements shall also be satisfied.
21.7 In case of an irreconcilable conflict between Indian or other applicable standards. General
Conditions of Contract, Special Conditions of Contact, Specifications, Drawings and/or Schedule of
Rates, the following shall prevail to the extent of such irreconcilable conflict in order of precedence.
i) Formal Contract
ii) Detailed Letter of Acceptance
iii) Statement of Agreed Variations
iv) Job specifications / Scope of Work
v) Drawings
vi) Technical / Material Specifications
vii) Quality Assurance Procedures
viii) Applicable Codes & Standards
ix) Special Conditions of Contract
x) General Conditions of Contract
xi) Price Schedule
xii) Instructions to Bidders
xiii)Any Other documents forming part of contract
21.8 It will be the Contractor's responsibility to bring to the notice of Engineer-in-charge any irreconcilable
conflict in the Contract documents before starting the work(s) or marking the supply / service with
reference to which the conflict exists.
21.9 In the absence of any Specifications covering any material, design or work(s) the same shall be
performed/supplied/executed in accordance with standard Engineering practice as per the
instructions/directions of the Engineer-in-charge, which will be binding on the Contractor.
21.10 Headings and Marginal Notes: All headings and marginal notes to the clauses of these General
Conditions of Contract or to the SPECIFICATIONS or to any other Tender Document are solely for
MRPL Tender No. 3300007400 32 of 149
the purpose of giving a concise indication and not a summary of the contents thereof, and they
shall never be deemed to be part thereof or be used in the interpretation or construction thereof the
CONTRACT.
21.11 Singular and Plural: In CONTRACT DOCUMENTS unless otherwise stated specifically, the
singular shall include the plural and vice versa wherever the context so requires.
22.0 SECURITY DEPOSIT (applicable for order value Above Rs 10.00 Lakhs) :
22.1 The Successful tenderer will have to deposit with MRPL (within 15 days of award of work order)
an amount equivalent to 10 % of Order value / 3% of Annual Contract value for Annual Rate
Contract interest free security deposit towards due & satisfactory performance of contract, such SD
shall be limited to annual order value in case of Annual rate contract only.
22.2 SD shall be submitted In the form of Pay order or Demand Draft in favour of MRPL drawn on a
Nationalised / scheduled bank payable at Mangalore on which no interest will be payable.
OR
In the form of Bank Guarantee from Nationalised / scheduled bank acceptable to MRPL as per
company standard Performa which is enclosed. The Bank Guarantee will be valid for ONE year,
renewable every year, for the balance period of the contract.
22.3 MRPL is entitled without being bound to do so, to adjust the whole or any portion of the security
deposit towards the recovery of any amount due to MRPL from the successful tenderer. The Security
Deposit or such portion thereof that has not been adjusted towards recovery of amount due from
the successful tenderer will be refunded within 15 days of on satisfactory completion of the contract
or after the expiry of DEFECT LIABILITY PERIOD wherever applicable. No interest is payable by
MRPL to the successful tenderer on the security deposit.
22.4 Security deposit shall be forfeited in case the vendor fails to execute the order.
23.0 RECOVERY OF SUMS DUE :

23.1 Whenever any claim against the CONTRACTOR for payment of a sum of money arises out of or
under the contract, the Owner shall be entitled to recover such sums from any sum then due or
which at any time thereafter may become due from the contractor under this or any other contract
with the Owner and should this sum be not sufficient to cover the recoverable amount the Vendor
shall pay to the Owner on demand the balance remaining due.
24.0 FORCE MAJEURE CLAUSE :

24.1 Circumstances leading to force majeure;
(a) act of terrorism;
(b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection of military or usurped power;
(c) ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from
the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any
explosive assembly or nuclear component;
(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, but
excluding weather conditions regardless of severity; and
(e) freight embargoes, strikes at national or state-wide level or industrial disputes at a national or state-
wide level in any country where Works are performed, and which affect an essential portion of the
Works but excluding any industrial dispute which is specific to the performance of the Works or the
Contract.
For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials (other
than due to a nationwide transporters’ strike) or commercial hardship shall not constitute a Force
Majeure event.
MRPL Tender No. 3300007400 33 of 149
24.2 Notification of Force Majeure;

Contractor shall notify within [10(ten)] days of becoming aware of or the date it ought to have become
aware of the occurrence of an event of Force Majeure giving full particulars of the event of Force
Majeure and the reasons for the event of Force Majeure preventing the Affected Party from, or
delaying the Affected Party in performing its obligations under the Contract.
24.3 Right of either party to terminate;

If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty
days) or more in a continuous period of 365 (three hundred sixty five) days after notice has been
given under this clause, either Party may terminate the Contract by issuing a written notice of 30 (thirty)
days to the other Party.
24.4 Payment in case of termination due to Force Majeure;

The Contract Price attributable to the Works performed as at the date of the commencement of the
relevant event of Force Majeure.
The Contractor has no entitlement and Owner has no liability for:
a) any costs, losses, expenses, damages or the payment of any part of the Contract Price during an
event of Force Majeure; and
b) any delay costs in any way incurred by the Contractor due to an event of Force Majeure.
Time extension for such cases will be worked out appropriately.
25 PRICE REDUCTION SCHEDULE (PRS) FOR DELAYS EXECUTION OF CONTRACT:

25.1 If the successful tenderer commits any default or breach of terms and conditions of the Work Order
to be placed on them or fail in the due performance thereof within the time fixed by the contract
(which is the essence of the contract) and do not complete the entire supplies / work on the
stipulated due date, MRPL shall be entitled to recover from the successful tenderer by way of
compensation or Price Reduction schedule an amount calculated at the rate ½% value of the
contract price subject to a maximum of 5 % of value of the contract for every week or part thereof
the delay beyond the stipulated date.
25.2 PRS will be imposed on the cost of contract price of delayed in completing the work within the
scheduled time, except however, where, in the judgment of MRPL the executed partial job/work
quantity does not fulfil the operating need, PRS will be imposed on full value of the Work Order.
25.3 The parties agree that this is a genuine pre-estimate of the loss/damage which will be suffered by the
Owner on account of delay on the part of the Contractor and the said amount will be adjusted for the
amount payable to the Contractor, without there being any proof of the actual loss or damages
having been caused by such delay/breach. The Owner shall be at liberty to adjust or deduct the said
amount from any amount due to the Contractor including Security Deposit.
25.4 Non Acceptance of PRS:
If the technically and commercially acceptable bidders are 3 or more, offers of other bidders, if any,
who are taking deviation in commercial terms, shall be rejected though they are technically
acceptable. However, if this tender result in less than 3 technically and commercially acceptable
offer, then the offers of those bidders who are technically acceptable, but have taken deviation only
in PRS clause, shall be considered after suitable loading for evaluation purpose as detailed below;
5% of the quoted basic price shall be added to the landed cost for evaluation purpose.
26 PENALTY CLAUSES:
26.1 Subject to non–compliance to any terms and conditions of the contract, the Engineer-in-Charge may
instruct the Contractor through written communication (by way of mail/ letter or SMS) to suspend
all/any ongoing activity(ies) at work site. The Contractor shall immediately stop the ongoing work till
further clearance from the Engineer-in-Charge to restart the work is obtained. Time lost in the
process shall be attributable to the Contractor and shall not be entertained for request for time
extension.
MRPL Tender No. 3300007400 34 of 149

26.2 Penalty, subject to violation of terms attributable to the Contractor, shall be levied in RA bills of the
Contractor on failure to comply with terms and conditions of the contract.
27 SUB-LEASING/OPERATION OF CONTRACT:
27.1 The successful tenderer shall not be allowed to sublet or assign the benefits of the Purchase/Work
order placed on them by MRPL to any other party without prior written consent of the MRPL.
28 SUSPENSION OF WORKS :
28.1 Subject to the provisions of this contract, the contractor shall, if ordered in writing by the Engineer-In-
Charge, or his representative, temporarily suspend the works or any part thereof for such written
order, proceed with the work therein ordered to be suspended until, he shall have received a written
order to proceed therewith. The contractor shall not be entitled to claim compensation for any loss or
damage sustained by him by reason of temporary suspension of the works aforesaid. An extension
of time for completion, corresponding with the delay caused by any such suspension of the works as
aforesaid will be granted to the contractor should he apply for the same provided that the suspension
was not consequent to any default or failure on the part of the contractor.
28.2 In case of suspensions of entire work, ordered in writing by Engineer-In-Charge, for a period of more
than two months, the contractor shall have the option to terminate the contract.
29 CANCELLATION :
29.1 MRPL reserves the right to cancel the Order or any part thereof and shall be entitled to rescind the
contract wholly or in a written notice to the vendor at any time if:
The successful tenderer shall commit a breach of any of the conditions stipulated contract and fail to
remedy such breach within four days of the receipt of the written notice from MRPL in this regard.
Upon
i. The death or adjudication as insolvent of the successful tenderer, if he/she be an individual.
ii. The liquidation, whether voluntary or passing of the effective resolution for winding up of the
successful tenderer if it be a company.
29.2 If any successful tenderer or any partner in the firm of the successful tenderer shall be convicted of
any criminal offence.
29.3 If a receiver is appointed of any property or assets of the successful tenderer.
29.4 If the work/ services are no more required by MRPL.
29.5 If the license issued to the successful tenderer by the relevant authorities for modification filling and
storage of bitumen supplied by MRPL is cancelled or revoked.
29.6 If the successful tender deliberately contaminates or tempers with quality or product supplied by
MRPL.
29.7 MRPL will be at liberty to short close the contract work order without assigning any reason
whatsoever by giving a notice of 15 days.
29.8 Specified delivery schedule/ completion period is not adhered to beyond 3 months from due date
unless specifically agreed by MRPL.
29.9 Laid down specifications are not adhered to or when the performance of the contract is
unsatisfactory.
29.10 Major contractual terms and conditions are violated insolvency of the supplier.
29.11 The MRPL right to cancel the contract under the terms, aforesaid shall be without prejudice to any of
its other rights and remedies against the successful tenderer In the event of MRPL cancelling the
contract, it shall not be liable to pay for any loss or compensation in respect of such cancellation
30 TERMINATION :
30.1 The OWNER shall be entitled to terminate the Contract by written notice at any time during or after
the occurrence of any one or more of the following events or contingencies, namely:
MRPL Tender No. 3300007400 35 of 149
i) Failure to start the work within 10 (ten) days of handing over the job site to the CONTRACTOR.
ii) Failure to provide at each job site sufficient labour, material, equipment, machinery, temporary work
and/or facilities required for the proper and/or due execution of the work or any part thereof;
iii) Failure to execute the works or any of item in accordance with the Contract;
iv) Disobedience of any order or instruction of the Engineer-in-Charge and/or Site Engineer;
v) Negligence in carrying out the works or carrying out of work found to be unsatisfactory by the
Engineer-in-Charge;
vi) Abandonment of the works or any part thereof;
vii) Suspension of the entire works or any part thereof, for a period of 14 (fourteen) days or more without
due authority from the OWNER or Engineer-in-Charge.
viii) Commission, permission or sufferance of any other breach of any of the terms, conditions or
provisions of the Contract on the part of the CONTRACTOR to be paid, performed and/or observed;
ix) Failure to deposit the Initial Security Deposit within 10 (ten) days of receipt by the CONTRACTOR of
Acceptance of Tender;
x) If the CONTRACTOR is incapable of carrying out the work.
xi) If the CONTRACTOR misconducts himself in any manner.
xii) Dissolution of the CONTRACTOR (if a firm) or commencement of liquidation or winding up (whether
voluntary or compulsory) of the CONTRACTOR (if a company) or appointment of a receiver or
manager of any of the CONTRACTOR’s assets and/or insolvency of the CONTRACTOR (if a sole
proprietorship) or any Partner of the CONTRACTOR (if a firm);
xiii) Distress, execution, or other legal process being levied on or upon any of the CONTRACTOR’s
goods and/or assets.
xiv) Death of a CONTRACTOR (if an individual).
xv) If upon any change in the Partnership/constitution of a CONTRACTOR’s organization (if a
Partnership), the OWNER shall refuse to continue the contract with the re-constituted firm.
xvi) If the CONTRACTOR or any person employed by him shall make or offer for any purpose connected
with the Contract any gift, gratuity, royalty, commission, gratification or other inducement (whether
money or in any other form) to any employee or agent of the OWNER.
30.2 TERMINATION FOR CONVENIENCE:
Notwithstanding anything contained in the Contract, the Employer may, by 30 (Thirty) days written
notice, terminate the Contract in whole or in part. In addition to the payment mentioned at clause
30.3, the Service Provider shall be compensated for de-mobilization and other costs incurred at
mutually negotiated terms. In case of such termination, the obligation of the Employer to pay, shall
be limited to the extent of work/job completed by the Service Provider as per provision of the
Contract upto the date of termination, subject to the Service Provider complying with other terms of
the Contract. Notwithstanding the termination of the Contract, the parties shall continue to be bound
by the provisions of this Contract that reasonably require some action or forbearance after such
termination.
30.3 AMOUNT PAYABLE IN CASE OF TERMINATION:
In all cases of termination herein set forth, the obligation of the Employer to pay, shall be limited to
the extent of service rendered by Service Provider as per provision of the Contract upto the date of
termination, subject to the Service Provider complying with other terms of the Contract.
Notwithstanding the termination of the Contract, the parties shall continue to be bound by the
provisions of this Contract that reasonably require some action or forbearance after such termination.
31 INSPECTION / OPERATION CONTRACT:

31.1 MRPL shall have free access to visit the bidder’s premises/work area where the job/services are
taking place and or inspect the same. The successful tenderer will be responsible for quality of all the
services/job at all times under valid permits/as authorised by Engineer In-charge.
32 MAKE OF EQUIPMENTS/COMPONENTS :
MRPL Tender No. 3300007400 36 of 149

32.1 Bidders shall procure and supply the items covered in their scope from the approved vendors.
Wherever an item is specified or described by a particular brand name, manufacturer or vendor, the
specific item mentioned shall be for establishing type, function and quality desired. Other
manufacturer's products will be considered, provided sufficient information are furnished to the
Employer to assess the products proposed as equivalent and acceptable. Contractor shall take
prior approval from Engineer-in-Charge for procuring such items which are not covered under
approved vendor list.
33 QUALITY ASSURANCE SYSTEM ( As applicable) :

33.1 The Contractor shall include in his offer the Quality Assurance Programme containing the overall
quality management and procedures which is required to be adhered to during the execution of
contract. After the award of the contract, detailed quality assurance programme to be followed for
the execution of contract under various divisions of works will be mutually discussed and agreed to.
33.2 The Contractor shall establish document and maintain an effective quality assurance system as
outlined in recognised codes.
33.3 Quality Assurance System plans/procedures of the Contractor shall be furnished in the form of a QA
manual. This document should cover details of the personnel responsible for the quality assurance. ,
plans or procedures to be followed for quality control in respect of Design, Engineering,
Procurement, Supply, Installation, Testing and Commissioning. The quality assurance system should
indicate organizational approach for quality control and quality assurance of the construction
activities at all stages of work at site as well as at manufacturer’s works and despatch of materials.
33.4 The Owner/or their representative shall reserve the right to inspect/witness review any or all stages
of work at shop/site as deemed necessary for quality assurance.
33.5 The Contractor has to ensure the deployment of quality Assurance and Quality control Engineer(S)
depending upon the quantum of work. This QA/QC group shall be fully responsible to carryout the
work as per standards and all code requirements. In case Engineer-in-Charge feels that contractor’s
QA/QC Engineer(S) are incompetent or insufficient contractor has to deploy other experienced
Engineer(s) as per site requirement and to the full satisfaction of Engineer-In-Charge.
33.6 In case contractor fails to follow the instructions of Engineer-in-charge with respect to above
clauses, next payment due to him shall not be released unless and until he complies with the
instructions to the full satisfaction of Engineer-in-charge
34 TEST AND INSPECTION OF WORKS :

34.1 The Contractor shall carry out the various tests as per direction of Engineer-in-Charge either on field
or outside/laboratories concerning the execution of work and supply of the material by contractor. All
the expenses shall be borne by the contractor and shall be considered as included in the rates
quoted.
34.2 The inspection shall be done by the following agencies:
(a) Representative deputed by Engineer-in-charge
(b) Representative deputed by Statutory Authority
34.3 Contractor shall give prior notice sufficiently ahead of time to the Engineer-in-charge and also to the
authorities to conduct inspection/to witness such test.
34.4 The work is subject to inspection at all times by the Engineer-in-Charge. The Contractor shall carry
out all instructions given during inspection and shall ensure that the work is being carried out
according to the technical specifications of this tender, the technical documents and the relevant
codes of practice furnished to him during the performance of the work.
34.5 The Contractor shall provide for purpose of inspection access ladders, lighting equipment for testing
and necessary instruments etc. at his own cost including Low Voltage Lighting equipments for tray
fixing and inspection work.
34.6 Compressed air for carrying out works shall be arranged by the contractor at his own cost. Any work
not conforming to the execution drawings, specifications or codes shall be rejected forthwith and the
Contractor shall carryout the rectifications at his own cost.
MRPL Tender No. 3300007400 37 of 149
34.7 All results of inspection and tests will be recorded in the inspection reports, proforma of which will be
approved by the Engineer-in-Charge. These reports shall form part of the completion documents.
34.8 For materials supplied by Owner, contractor shall carryout the tests, if required by the Engineer-in-
charge and the cost of such tests shall be reimbursed by the Owner at actuals to the Contractor or
production of documentary evidence.
34.9 Inspection and acceptance of the work by the Engineer-in-charge shall not relieve the contractor
from any of his responsibilities under this contract.
35 DEFECT LIABILITY (If Applicable) :

35.1 PBG for 10% of the Contract value/Executed value for the defect liability period (Pl refer SCC) shall
be submitted. This shall be after completion of the contracted work/from the date of Issue of
Completion Certificate. SD shall be released after successful completion of the contract subject to
submission of PBG for 10% of the Contract value/Executed value for the defect liability period.
35.2 The CONTRACTOR shall guarantee the installation/WORK for a period of 12 months from the date
of completion of WORK (or as specified in the SCC/Scope of work) as certified by the ENGINEER-
IN-CHARGE which is indicated in the Completion Certificate. Any damage or defect that may arise or
lie undiscovered at the time of issue of Completion Certificate, connected in any way with the
equipment or materials supplied by him or in the workmanship, shall be rectified or replaced by the
CONTRACTOR at his own expense as deemed necessary by the ENGINEER-IN-CHARGE or in
default, the ENGINEER- IN-CHARGE may carry out such works by other work and deduct actual
cost incurred towards labour, supervision and materials consumables or otherwise plus 100%
towards overheads (of which the certificate of ENGINEER-IN-CHARGE shall be final) from any sums
that may then be or at any time thereafter, become due to the CONTRACTOR or from his Contract
Performance Security, or the proceeds of sale thereof or a sufficient part on thereof.
35.3 If the CONTRACTOR feels that any variation in WORK or in quality of materials or proportions would
be beneficial or necessary to fulfil the guarantees called for, he shall bring this to the notice of the
ENGINEER- IN-CHARGE in writing. If during the period of liability any portion of the
WORK/equipment, is found defective and is rectified/ replaced, the period of liability for such
equipment/ portion of WORK shall be operative from the date such rectification/ replacement are
carried out and Contract Performance Guarantee shall be furnished separately for the extended
period of liability for that portion of WORK/ equipment only. Notwithstanding the above provisions the
supplier's, guarantees/warrantees for the replaced equipment shall also be passed on to the
EMPLOYER.
36 LIMITATION OF LIABILITY :
36.1 The aggregate total liability of the Contractor to Owner under the Contract shall not exceed the total
Contract Price, except that this Clause shall not limit the liability of the Contractor for following:
(a) In the event of breach of any Applicable Law;
(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross negligence of the
Contractor or any person acting on behalf of the Contractor; or
(c) In the event of acts or omissions of the Contractor which are contrary to the most elementary
rules of diligence which a conscientious Contractor would have followed in similar
circumstances; or
(d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property; or
(e) For any damage to any third party, including death or injury of any third party caused by the
Contractor or any person or firm acting on behalf of the Contractor in executing the Works.
36.2 Neither Party shall be liable to the other Party for any kind of indirect nor consequential loss or
damage like, loss of use, loss of profit, loss of production or business interruption which is connected
with any claim arising under the Contract.
37 RISK PURCHASE CLAUSE :

In the event of Contractor not accepting/not meeting the indent/order/contract placed by the Owner
with in the stipulated time, then Owner would be free to use the services of any others and recover
the difference in such services and additional expenses incurred by the Owner from the Contractor.
MRPL Tender No. 3300007400 38 of 149

38 COPY RIGHT /TRADE MARK OF MRPL RELATED DISCIPLINE:
38.1 The successful tenderer shall not infringe, copy, imitate or otherwise deal with brand name, trade or
merchandise marks or devices of design or copyright belonging to MRPL entitled to use or otherwise
alter, deface or interface with the same or pass of other goods or describe others goods as the same
as that of MRPL or having been manufactured of MRPL of otherwise prejudice alter or affect the
copyright, trade or merchandise marks or certified packing or design or colour of the company's
labels or specification or the price or weight or other codification that is marked on the packing or
caused to be given by MRPL, it is expressly agreed that all trade marks, design and copyright shall
vest in MRPL, and nothing contained in this offer shall have the effect of creating any right, title or
interest in respect of the successful tenderer.
39 ROYALTY :
39.1 All royalties etc., as may be required for any Borrow Areas including right of way et. to be arranged
by Contractor shall be deemed to have been included in the quoted prices.
39.2 Contractor’s quoted rate should include the royalty on different applicable items as per the prevailing
State Government rtes. In case, owner is able to obtain the exemption of Royalty from the State
Government, the Contractor shall pass on the same to owner for all the items involving Royalty. Any
increase in prevailing rate of Royalty shall be borne by the Contractor at no extra cost to the Owner.
The contractor should indicate the rate of Royalty considered in their offer.
40 BUSINESS SECRET/MARKETING DISCIPLINE :

40.1 It is hereby specifically agreed by the successful tenderer that this clause shall be deemed to be a
condition going to the root of this offer, that the successful tenderer shall not at any time during the
subsistence of this contract or any time after its termination, call itself or hold out itself, advertise in
any manner whatsoever by publication or otherwise, by printing, in writing or by any visual
representation, either in it's letter heads or news paper or magazines or leaflets, or by broadcasts
over radio or by television or by any other media communication or In any manner whatsoever other
than the appropriate Government Authorities to the extent necessary unless so permitted in writing
by MRPL.
40.2 The successful tenderer hereby agrees and undertakes not to disclose to any party whatsoever any
formulate blend order, specifications, trade secrets, marketing projection or intelligence or any other
data or information and shall keep absolute secrecy in all matters pertaining to this offer, all
correspondence relating thereto, all instructions given or anything having any relevance with the offer
on any matter touching or arising out of this arrangement including the Books, Accounts, papers and
correspondence and shall keep strictest secrecy and confidence thereto to any person whomsoever
other than appropriate Government Authorities to the extent necessary, unless directed to do so by
MRPL in writing.
41 SEVERABILITY:
Should any provision of this agreement be found to be invalid, illegal or otherwise not enforceable by
any court of law, such finding shall not affect the remaining provisions hereto and they shall remain
binding on the parties hereto.
SECTION - V
42 PAYMENT TERMS :
(Payment terms mentioned in the Special Conditions of Contract / Scope of Work documents
supercedes the Payment term mentioned in General Conditions of Contract).
42.1 Unless otherwise specified, 100% Payment will be made for the actual work done / supply of
materials/Job/services performed and bills duly certified by Engineer In-charge (subject to
submission of SD, if applicable). Such payment will be made within 15 days of submission of bills.
42.2 Retention money, if specified, will be withheld before releasing all payments i.e either monthly or
progressive/ stage-wise payments.
MRPL Tender No. 3300007400 39 of 149

42.3 Bills can be submitted after completion of work/ once on monthly basis against progressive work
completion/as per milestones specified as per Tender.
42.4 PAYMENT MODE :

All payments shall be through electronic mode (RTGS/NEFT). Therefore, vendors are requested to
furnish the information as per attached format on issue of order to successful bidder. Any change in
the particulars shall be immediately informed to MRPL.
43 ADVANCE PAYMENT/MOBILISATION ADVANCE :

43.1 MRPL do not entertain Advance payment to the successful bidder.
43.2 In case, mobilization advance is insisted by any bidder, the same shall be decided on need basis
only with Interest bearing. Such Advance will be made only after submission of bank guarantee for
110 % of advance amount.
43.3 The bank guarantee shall be submitted strictly as per the BG format enclosed with this tender
document. No changes in Format will be allowed.
43.4 The advance payment will be released only after receipt of confirmation of BG directly from the BG
Issuing bank. Such confirmation is accepted in the form of E-Mail from Bank directly, Direct Fax
message, are through mails(Register/speed post/courier etc).
43.5 Interest charges shall be payable on the advance amount paid @ SBI lending rate prevailing at the
time of release of payment plus 2 %.
43.6 Interest bearing advance payment shall be released in 2 or more installments/Stages as mutually
agreed, based on progress of the work/Mobilization. The next/subsequent installment of such
Advance shall be released only after submission of utilization certificate for the previous Advance
installment made to the party.
43.7 Part BG’s based on advance installments are also allowed.
43.8 The advance payment is recoverable proportionately from the progressive bills duly certified by the
Engineer in Charge. Full Advance will be recovered against payments due on Mechanical completion
of the work/completion of supply as applicable. Such recovery shall be time based, but not
essentially linked with progress of work.
43.9 Interest free advance payment is not allowed for any cases.
SECTION - VI
44 ARBITRATION & CONCILIATION:

Parties hereby agree as under:
If any difference or dispute (hereinafter referred as “Dispute”) under the Contract arises, the party shall give a
60 days written notice ("Dispute Notice") to the identified officer of the other party mentioned in the Contract
giving details of the Dispute. The Parties shall use all reasonable endeavours to resolve the Dispute mutually
and amicably. All efforts by either party within these 60 days Dispute Notice Period shall be kept confidential
by both the parties under Section 75 of the Arbitration and Conciliation Act, 1996. Parties shall not rely upon
any views expressed or suggestions made by the other party, admissions made by the other party or the fact
that the other party had indicated his willingness to enter into a settlement as evidence in any Forum /
arbitration / court proceeding.
If Parties are unable to resolve the Dispute amicably within 60 days of receipt of the Dispute Notice, then
after expiry of the 60 days’ Dispute notice period, the aggrieved Party can refer the Dispute to conciliation
and / or arbitration subject to terms and conditions contained herein below:
1) Parties further agree that following matters shall not be referred to Conciliation or Arbitration:
i) Any claim, difference or dispute relating to, connected with or arising out of MRPL decision to initiate any
proceedings for suspension or banning, or decision to suspend or to ban business dealings with the Bidder /
MRPL Tender No. 3300007400 40 of 149

Contractor and/or with any other person involved or connected or dealing with bid / contract / bidder /
contractor.
ii) Any claim, difference or dispute relating to, connected with or arising out of MRPL decision under the
provisions of Integrity Pact executed between MRPL and the Bidder / Contractor.
2) Part-I :Conciliation(Not applicable in contracts valuing less than Rs. 10 lakhs)
3) Part-II :Arbitration (Not applicable in contracts valuing less than ` 5 lakhs) 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.
PART - I : CONCILIATION :Resolution of disputes through conciliation by OEC (Not applicable in

Contracts valuing less than Rs.10 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 MD, MRPL as provided
hereunder:
Submission of proposal for OEC
1. Conciliation through OEC will be resorted in all cases involving disputed amount upto` 250 crores
only. The disputed amount will be calculated by considering the amount of claim and counter-claim
of the parties.
2. Claimant shall give a 30 days notice for conciliation. In cases where the contractor is claimant then
the notice shall be given to the concerned MRPL office as per the contract, clearly bringing out the
points of dispute and the amount claimed with documents in support of the claim and the party
concerned shall not raise any new issue thereafter.
Constitution of OEC
3. MD, MRPL will have the sole discretion to constitute OEC. OEC will be formed from the panel of
experts maintained by MRPL and will normally comprise of three members, one member from each
category i.e., Technical, Finance, Commercial and Legal. However, there will be a single member
OEC for disputes involving a claim and counter claim (if any) upto` 1 crore.
4. MD, MRPL will have authority to reconstitute an OEC to fill any vacancy or if any OEC member is not
available to attend the OEC Meetings.
5. Upon constitution of the OEC, Head-Legal will issue the appointment letters to OEC members and
inform same to the parties concerned.
6. The OEC members shall give a declaration of independence and impartiality (in the format at
Annexure A1) to both the parties before the commencement of the OEC proceedings.
Proceedings before OEC

7. The claimant shall submit its statement of claims to OEC members, and to the party(s) prescribed in
the appointment letter within 30 days of the issue of the appointment letter. The claims shall be
raised as per the format at Annexure A2.
8. The respondent shall file its reply and counter claim (if any) within 30 days of the receipt of the
statement of claims. (As per aforesaid format at Annexure A2).
9. Parties may file their rejoinder/additional documents, if any in support of their claim/counter claim
within next 15 days. No documents shall be allowed thereafter.
10. OEC will commence its meetings only after completion of the pleadings.
11. In case of 3 members OEC, 2 members will constitute a valid quorum and the meeting can take
place to proceed in the matter after seeking consent from the member who is not available. If
MRPL Tender No. 3300007400 41 of 149
necessary video conferencing may be arranged. However, OEC Recommendations will be signed by
all Members. Further, efforts must be made for unanimous recommendations.
12. The parties shall be represented by their in-house employees/executives. No party shall be allowed
to bring any advocate or outside consultant/advisor/agent to contest on their behalf. Ex-officers of
MRPL who have handled the dispute matter in any capacity are not allowed to attend and present
the case before OEC on behalf of Contractor. However, ex-employees of parties may represent their
respective organizations.
13. Solicitation or any attempt to bring influence of any kind on either OEC Members or MRPL is
completely prohibited in conciliation proceedings and MRPL reserves the absolute right to close the
conciliation proceedings at its sole discretion if it apprehends any kind of such attempt made by the
Contractor or its representatives.
14. Parties agree to rely only upon documentary evidence in support of their claims and not to bring any
oral evidence in the OEC proceedings.
15. OEC will give full opportunity of hearing to the parties before giving its recommendations.
16. OEC will conclude its proceedings in maximum 10 meetings, and give its recommendations within 90
days of its first meeting. OEC will give its recommendations to both the parties recommending
possible terms of settlement MD, MRPL may extend the time/ number of meetings, in exceptional
cases, if OEC requests for the same with sufficient reasons.
17. OEC members will be paid fees (plus applicable tax) and provided facilities as detailed in clause 29
below, subject to revision by MRPL from time to time and subject to Government guidelines on
austerity measures, if any. 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.
18. Depending upon the location of the OEC members and the parties, the venue of the OEC meeting
shall be either Delhi /Mangaluru / Bengaluru or any other locationwhichever is most economical
from the point of view of travel and stay etc.
19. 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 and 30 days thereafter in any further
proceeding.
20. Legally, parties are under no obligation to refer a dispute to conciliation or continue with conciliation
proceedings. Parties are free to terminate the conciliation proceedings at any stage as provided
under the Arbitration and Conciliation Act, 1996 and subsequent amendments or re-enactment
thereof.
Actions after OEC Recommendations

21. The recommendations of OEC are non-binding and the parties may decide to accept or not to accept
the same. Parties are at liberty to accept the OEC recommendation with any modification they may
deem fit.
22. The contractor shall give its response to MRPL within 7 days of receiving OEC Recommendation.
23. If the recommendations are acceptable to the contractor partly or fully, MRPL will consider and take
a decision on OEC recommendations. MRPL shall communicate its decision to the contractor. If
decision of MRPL is acceptable to the contractor, a settlement agreement under Section 73 of the
Arbitration and Conciliation Act, 1996 will be signed within 15 days of contractor’s acceptance and
same shall be authenticated by all the OEC Members.
24. The timelines mentioned in the above guidelines are with an objective to achieve expeditious
conclusion of OEC proceedings. However, it does not mean that any action beyond the timelines will
be invalid. However, the party concerned will make all efforts to complete the actions within the
stipulated time.
MRPL Tender No. 3300007400 42 of 149

25. Parties shall keep confidential matters relating to the conciliation proceedings including minutes of
OEC meeting and Recommendations of OEC. Parties shall not rely upon them as evidence in any
Forum/arbitration/court proceeding, whether or not such proceedings relate to the dispute that is the
subject of the conciliation proceedings,
a. Views expressed or suggestions made by the other party in respect of a possible settlement of
the dispute.
b. Admissions made by the other party in the course of the OEC proceedings;
c. Proposals made by the OEC;
d. The fact that the other party had indicated his willingness to accept a proposal for settlement
made by the OEC.
26. Confidentiality extends also to the settlement agreement, except where its disclosure is necessary
for purposes of implementation and enforcement. This stipulation will not apply to disclosure made
by MRPL to Govt. of India, if required.
27. Subject to terms and conditions contained in the above paras, the provisions of the Part III of
Arbitration and Conciliation Act, 1996 shall be acceptable to the conciliation proceedings and the
parties and the OEC members shall be bound by the same.
28. 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.
29. Fees and Facility to the OEC Members :

OEC members shall be entitled for the following fees plus applicable taxes per member and facilities :
Sl. Fees/Facility Entitlement To be paid by

No
1. Fees Rs 20,000/- per meeting subject to Contractor
maximum of Rs. 2,00,000/-* 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.
2. Fee for attending meeting/s Rs 10,000/- Contractor
to authenticate the
settlement agreement.
3. Transportation in the city of Car as per entitlement or Rs 2,000/- per Contractor

meeting day
4. Venue of the meeting MRPL conference rooms/Hotels MRPL
Facilities to be provided to the out-stationed member
5. Travel from the city of Business class air tickets/first class train Contractor
residence to the city of tickets/ car/ reimbursement of actual fare.
meeting However, entitlement of air travel by
Business class shall be subject to
austerity measures, if any, ordered by
Govt. of India.
6. Transport to and fro airport / Car as per entitlement or Rs3,000/- Contractor

railway station in the city of
residence
MRPL Tender No. 3300007400 43 of 149

7. Stay for out stationed 5 Star Hotel MRPL

members
8. Transport in the city of Car as per entitlement or Rs 2,000/- per Contractor
meeting day
* except in exceptional cases, where the no. of meetings may extend beyond 10.
PART – II :ARBITRATION (Applicable in case of supply orders/Contracts with firms, other than Public
Sector Enterprises) (Not applicable in contracts valuing less than ` 5 lakhs)
Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or disagreement
arises between the parties hereto or their respective representatives or assignees, in connection with
construction, meaning, operation, effect, interpretation of the contract or breach thereof which parties are
unable to settle mutually or through conciliation, the same shall be referred to Arbitration as provided
hereunder:
1. There shall be no arbitration for disputes involving claims upto` 25 lakhs and more than ` 100 crores.
The disputed amount will be calculated by considering the amount of claim and counter-claim of the
parties. Unresolved disputes involving claims above ` 100 crores shall be adjudicated under the
Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act,
2015.
2. A party wishing to commence arbitration proceeding shall invoke Arbitration Clause by giving 60
days’ notice to the other party. The notice invoking arbitration shall specify all the points of disputes
with details of the amount claimed to be referred to arbitration at the time of invocation of arbitration
and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian
Rupee for the purpose of constitution of the arbitral tribunal.
3. Arbitration can be invoked by giving Invocation Notice only after expiry of the 60 days’ period as per
Dispute Notice.
4. For a dispute involving claims above ` 25 lacs and upto` 5 crores, in case other party is Claimant,
MRPL will forward a list containing names of five jurists to the other party for selecting one from the
list who will be appointed as sole arbitrator by MRPL. In case MRPL itself is the Claimant, it shall
appoint the Sole Arbitrator by invoking the Arbitration clause and inform the Contractor. Such dispute
shall be resolved on fast track procedure specified in Section 29B of the Arbitration and Conciliation
Act, 1996.
5. For a dispute involving claims above ` 5 crores and upto` 100 crore, the claimant shall appoint an
Arbitrator and communicate the same to the other Party in the Invocation Notice itself along with the
copy of disclosure made by nominated Arbitrator in the form specified in Sixth Schedule of the
Arbitration & Conciliation Act, 1996. For the purpose of Section 21, the Arbitration Proceeding shall
commence only upon date of receipt of Invocation Notice complete in all respects mentioned above.
The other Party shall then appoint the second Arbitrator within 15 days from the date of receipt of
written notice. The two Arbitrators appointed by the Parties shall appoint the third Arbitrator, within
30 days, who shall be the Presiding Arbitrator. The parties agree that they shall appoint only those
persons as arbitrators who accept the conditions of this arbitration clause. No person shall be
appointed as arbitrator or presiding arbitrator who does not accept the conditions of this arbitration
clause.
6. For the purpose of appointment of Arbitrator(s), claims amount shall be computed excluding claim for
interest, if any.
7. The parties agree that they shall appoint only those persons as arbitrators who accept the conditions
of this arbitration clause. No person shall be appointed as arbitrator or presiding arbitrator who does
not accept the conditions of this arbitration clause.
8. Parties agree that there will be no objection if the Arbitrator appointed holds equity shares of MRPL
and/or is a retired officer of MRPL / any PSU. However, neither party shall appoint its serving
employee as arbitrator and shall have been retired before 3 years on the date of commencement of
the Arbitration.
9. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any
reason from the proceedings, it shall be lawful for the concerned party/arbitrators to appoint another
MRPL Tender No. 3300007400 44 of 149
person in his place in the same manner as aforesaid. Such person shall proceed with the reference
from the stage where his predecessor had left if both parties consent for the same; otherwise, he
shall proceed de novo.
10. Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest on its
claims, i.e. date of cause of action till date of Award by Arbitral Tribunal. Parties agree that claim for
any such interest shall not be considered and shall be void. The Arbitrator / Tribunal shall have no
right to award pre-reference or pendente-lite interest in the matter.
11. The arbitral tribunal shall make and publish the award within time stipulated as under:
Amount of Claims and Counter Period for making and publishing of the award (counted
Claims (excluding interest) from the date of first meeting of the arbitrators):
Upto Rs. 5 Crore Within 8 months
Above Rs. 5 Crore Within 12 months
The above time limit can be extended by the arbitrator, for reasons to be recorded in writing, with the
consent of the parties.
12. The fees payable to each Arbitrator shall be as per rules framed by the High Court in whose
territorial jurisdiction as per contract and seat of arbitration is situated. In case no rules have been
framed, the fees prescribed may be as per Fourth Schedule of the Arbitration and Conciliation Act,
1996. However, Arbitrator may fix their fees keeping the aforesaid schedule as guiding factor.
13. The parties may, after invocation of dispute, agree for sharing the cost of Arbitration equally on 50:50
basis.
14. If after commencement of the Arbitration proceedings, the parties agree to settle the dispute mutually
or refer the dispute to conciliation, the arbitrators shall put the proceedings in abeyance until such
period as requested by the parties. Where the proceedings are put in abeyance or terminated on
account of mutual settlement of dispute by the parties, the fees payable to the arbitrators shall be
determined as under:
(i) 20 % of the fees if the claimant has not submitted statement of claim.
(ii) 40 % of the fees if the pleadings are complete.
(iii) 60% of the fees if the hearing has commenced.
(iv)80% of the fees if the hearing is concluded but the award is yet to be passed
15. Each party shall pay its share of arbitrator's fees in stages as under:
(i) 20% of the fees on filing of reply to the statement of claims.
(ii) 40% of the fees on completion of pleadings.
(iii) 20% of the fees on conclusion of the final hearing.
(iv)20% at the time when award is given to the parties.
16. Each party shall be responsible to make arrangements for the travel and stay etc of the arbitrator
appointed by it. Claimant shall also be responsible for making arrangements for travel / stay
arrangements for the Presiding Arbitrator and the expenses incurred shall be shared equally by the
parties. In case of sole arbitrator, MRPL shall make all necessary arrangements for his travel stay
and the expenses incurred shall be shared equally by the parties.
17. The Arbitration shall be held at the place from where the contract has been awarded. However,
parties to the contract can agree for a different place for the convenience of all concerned.
18. The Arbitrator(s) shall give reasoned and speaking award and it shall be final and binding on the
parties.
19. Subject to aforesaid, provisions of the Arbitration and Conciliation Act, 1996 and any statutory
modification or re-enactment thereof shall apply to the arbitration proceedings under this clause.
MRPL Tender No. 3300007400 45 of 149

20. Insofar as practicable, the Parties shall continue to implement the terms of the Contract
notwithstanding the initiation of Arbitration proceedings.
Arbitration Clause applicable in case of Purchase Orders/ Contracts on Public Sector Enterprises
Ref: No.4 (1) /2011-DPE (PMA)-GL, Government of India, Department of Public Enterprises. Dated 12th June
2013
In the event of any dispute or difference relating to, arising from or connected with the CONTRACT, such
dispute or difference shall be referred by either party to the arbitration of one of the Arbitrators in the
Department of Public Enterprises, to be nominated by the Secretary to the Government of India, In charge of
the Bureau of Public Enterprises.
The Arbitration and Conciliation Act 1996 shall not be applicable to the Arbitration under this clause.
The award of the Arbitrator shall be binding upon the parties to the dispute, provided however, any party
aggrieved by such award may make a further reference for setting aside or revision of the award to the Law
Secretary, Deptt. of Legal Affairs, Ministry of Law and Justice, Government of India. Upon such reference,
the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary, whose
decision shall bind the parties finally and conclusively.
The parties in the dispute will share equally the cost of the arbitration as intimated by the Arbitrator.
Arbitrations with respect to Contracts between CPSEs & Government Departments/Organizations:
In the event of any dispute or difference relating to the interpretation and application of the provisions of
commercial contract(s) between CPSEs / Port Trusts inter se and also between CPSEs and Government
Departments / Organizations (excluding disputes concerning Railways, Income Tax, Customs and Excise
Departments), such dispute or difference shall be taken up by either party for resolution through AMRCD as
mentioned in DPE OM No 4(1)/2013-DPE (GM) fts-1835 DATED 22-05-2018.
Any amendment(s) made to the above shall be applicable as per Govt policies/guidelines issued from time to
time.
Annexure A1
Declaration of independence and impartiality by OEC Member
To,
1. MRPL …………………
2. Contractor…………………….
Subject: Declaration of independence and impartiality by OEC Member in the dispute between MRPL
………..And………………….under Contract No…………………………..
I, the undersigned, hereby accept to act as Member of the Expert Committee and conciliate in the disputes
under reference between the parties above named.
I confirm that I am aware of the requirements of law particularly of the Arbitration and Conciliation Act, 1996,
to act as a conciliator. I am able to act as conciliator and I am available to act as Member of the Expert
Committee.
I hereby declare that I am independent of each of the parties and have no ownership interest in any part of
the contract under reference or any financial interest in the said contract. I have no interest in the outcome of
the dispute or its settlement.
I hereby affirm that I shall act with honesty, integrity, diligence, and will remain independent and impartial
while discharging my duties as conciliator/OEC Member. I will disclose any interest or relationship with the
parties or the subject matter which might compromise in any manner my ability or capacity to remain
impartial and independent in the matter.
MRPL Tender No. 3300007400 46 of 149
The fees and other facilities offered to me and the terms and conditions contained in the appoint letter and
guidelines issued by MRPL are acceptable to me. I will not demand for enhancement of the same.
(Signature)
Name:
Address:
Phone:
Email:
Date:
Annexure - A2
STATEMENT OF CLAIM(S)/COUNTERCLAIM(S)
1. Chronology of the dispute
2. Brief of the contract
3. Brief history of the dispute:
4. Issues:
5. Details of claim(s)/Counter Claim(s):

Sl. Description of claim(s)/Counter Amount (in Relevant contract
No. Claim INR/USD) Clause
6. Basis/Ground of claim(s)/counter claim(s) (along with relevant clause of contract)

Statement of claims may kindly be restricted to maximum limit of 20 pages. Relevant documents may be
compiled and submitted along with the statement of claims. The statement of claims is to be submitted to all
OEC members, to other party and to the office of Head Legal Services-MRPL, by post as well as mail.
Authorized Signatory of the Claimant

Place : Contact No. :
Date : Email :
MRPL Tender No. 3300007400 47 of 149

45 JURISDICTION:
45.1 Contract / Purchase Order, including all matters connected with this Contract / Purchase Order 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 Mangalore.
45.2 Foreign companies, operating in India or entering into Joint ventures in India, shall have to obey the
law of the land and there shall be no compromise or excuse for the ignorance of the Indian legal
system in any way.
SECTION - VII
46 TAXES and DUTIES:

46.1 INDIAN TAXES / DUTIES
46.1.1 Goods and Services Tax (GST)

46.1.2 The quoted price shall be inclusive of all taxes / duties / cess / levies / fees / charges etc. except
"Goods and Services Tax" (hereinafter called GST, i.e. IGST or CGST and SGST/UTGST) as levied
with respect to vendor/supplier/contractors’ scope of work / scope of supply, till the completion of the
work / supply and shall be borne and paid by the Vendor/Supplier/Contractor.
46.1.3 The quoted price shall be deemed to be inclusive of all taxes / duties / cess / levies / fees / charges
etc. including GST as applicable and bidder shall only within their quoted price be liable to pay and
bear any and all duties, taxes, levies, fees, cesses, charges etc. payable or liable to be payable on
any goods, equipment, materials or services imported into India or procured within any local limits for
incorporation in the work(s).
46.1.4 Applicable GST as quoted shall not be considered for evaluation to the extent of input Tax credit (as
applicable) %, as MRPL will claim Input credit on the same. Balance (as applicable) % of GST shall
be considered for evaluation.
46.1.5 Vendor/Supplier/Contractor shall issue tax invoice in accordance with GST laws so that input credit
of GST paid can be availed by MRPL. All essential documents such as credit / debit notes for any
reason, if any, shall be issued to MRPL as per GST laws. In case Vendor/Supplier/Contractor fails to
provide the invoice / other documents in the form and manner prescribed under the GST Act read
with GST Rules thereunder, MRPL shall not be liable to make payment of GST against such
invoice/documents.
46.1.6 Vendor/Supplier/Contractor shall forthwith upload the appropriate documents / details at GST
common portal complying with all GST regulations including but not limited to payment of GST by
Vendor/Supplier/Contractor and submit proof of payment of GST. In case of non-receipt of tax
invoice or non-payment of GST by the Vendor/Supplier/Contractor, MRPL shall withhold the
payment.
46.1.7 GST payable under reverse charge, if any, shall not be paid to the Vendor/Supplier/Contractor if the
same has already been reimbursed / paid to the Vendor/Supplier/Contractor for any reason
whatsoever, the said amount shall be deducted / recovered / adjusted from payment or any due of
the Vendor/Supplier/Contractor.
46.1.8 Notwithstanding anything contained anywhere in the Purchase Order/Work Order, in the event that
the input tax credit of the GST charged by the Vendor/Supplier/Contractor is denied by the tax
authorities to MRPL, due to reasons attributable to Vendor/Supplier/Contractor, MRPL shall be
entitled to recover such amount from the Vendor/Supplier/Contractor by way of adjustment from the
next invoice or from Bank Guarantee or any manner possible. In addition to the amount of GST,
MRPL shall also be entitled to recover interest and/or penalty, as the case may be, imposed by the
tax authorities on MRPL.
46.1.9 TDS under GST, if applicable, shall be deducted from Vendor/Supplier/Contractors’ bill/Tax
Invoice/Debit Note at applicable rate in force under GST law and a certificate as per prescribed
Rules under GST laws for tax the deducted shall be provided to the Vendor/Supplier/Contractor.
46.1.10 All the returns and details required to be filed under GST laws & rules shall be timely filed by the
MRPL Tender No. 3300007400 48 of 149
bidder with requisite details. The Bidder shall be liable for and shall pay any and all fees, cesses,
taxes, duties, charges, levies etc. assessable against the bidder.
46.1.11 In addition, the Bidder shall be liable for payment of all duties, levies, taxes, cesses, charges, fees
etc. assessable against the bidder or bidder’s employees or their Sub Vendor/Supplier/Contractor
whether corporate or personal or in respect of property.
46.1.12 MRPL reserves the right to suspend / cancel / terminate the contract in the event of frequent /
multiple / repeated defaults by the Vendor/Supplier/Contractor in complying with the above
requirements as per GST.
46.1.13 Payment to Vendor/Supplier/Contractor shall be net of tax deduction / tax collection at source, if
any, applicable as per laws / rules from time to time.
46.1.14 Any errors of interpretation of applicability of all taxes / duties / cess / levies / fees / charges etc. by
the Bidder shall be to Bidder’s account and shall be deemed to have been included in the quoted
price.
46.2 STATUTORY VARIATIONS OF TAXES/DUTIES:

46.2.1 No variation on account of taxes / duties / cess / levies / fees / charges etc., statutory or otherwise,
shall be payable by MRPL to Bidder except for GST. However, any statutory variation for GST shall
be payable up to date of completion or approved extended date against documentary evidence.
46.2.2 Any increase in the rates of GST beyond the CDD [contractual delivery date or approved extended
date] will be borne by MRPL to the extent of Input Tax Credit available to MRPL and MRPL is in a
position to get/avail the Input Tax Credit from the GST authorities.
46.2.3 Any reduction in Taxes / duties / cess / levies / fees / charges etc. shall be passed on to MRPL.
46.2.4 Any variation in GST at the time of supplies for any reasons, other than statutory, including variations
due to turnover, shall be borne by bidder and shall be deemed to have been included in the quoted
price.
46.3 NEW TAXES AND DUTIES:
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46.3.1 All new taxes / duties / cess / levies / fees / charges notified after the date of unpriced bid opening /
submission of any subsequent price implication / revised prices, but within delivery or completion
period / extended delivery or completion period, shall be to MRPL’s account. These shall be
reimbursed against documentary evidence. However, in case of delay attributable to
Vendor/Supplier/Contractor, any new taxes / duties / cess / levies / fees / charges imposed after
contractual time of delivery / completion, shall be to Vendor/Supplier/Contractor account.
46.4 IMPORTS AND CUSTOMS DUTIES:
46.4.1 Import Duties, i.e., Basic Customs Duty, GST &Edu. Cess on imported materials
46.4.2 MRPL shall import all Goods considering Merit rate of custom duty.
46.4.3 Direct imported supplies by Foreign suppliers
46.4.4 For imported materials sold & supplied directly by foreign suppliers to MRPL and consigned to
MRPL, Import Duties, i.e., Basic Customs Duty, Custom Cess, GST, applicable in India shall be
directly paid by MRPL to tax authority.
46.4.5 The vendor must ascertain and confirm along with supporting documents in the bid, if any Customs
Duty exemption / waiver is applicable to the products being supplied by him under any multi-lateral /
bi-lateral trade agreement between India and bidder’s country.
46.4.6 The bidder shall be liable to provide all documentation to ensure availment of the exemption / waiver.
In case the bidder defaults on this due to any reason, whatsoever, he shall be liable to bear the
incremental Customs Duty applicable, if any.
46.4.7 Any Customs Duty applicability on account of any change in the bi-lateral / multi-lateral agreement
shall be to bidder’s account.
46.4.8 Documentation to be furnished for availing the exemption / waiver of customs duty shall be
specifically listed in the Letter of Credit also as the pre-requisite for release of payment against
shipping documents and this documentation shall necessarily form part of shipping documents.
46.4.9 Any additional levies/duties on Imports (viz. Anti-Dumping Duty, Safeguard Duty, etc.) as notified by
Govt of India from time to time shall also be considered for evaluation.
46.5 GENERAL:
46.5.1 In case GST is quoted as not applicable on freight charges, and if they are applicable at the time of
delivery due to any reasons other than statutory, the same will be borne by the
Vendor/Supplier/Contractor.
46.5.2 The benefit of any Tax exemption, concessions, rebate or any other incentives available when the
Vendor/Supplier/Contractor or its Sub Vendor/Supplier/Contractor are performing their obligations
under the Purchase Order / Work order, shall be passed on to MRPL.
46.5.3 Recoveries, if any, by MRPL shall be with applicable GST thereon as per GST laws.
46.5.4 Any error of interpretation of applicability of taxes / duties / cess / levies / fees / charges etc. by the
Vendor/Supplier/Contractor shall be to Vendor/Supplier/Contractor’s account.
46.5.5 The classification of goods as per GST laws should be correctly done by the
Vendor/Supplier/Contractor to ensure that Input Tax Credit benefit is not lost to MRPL on account of
any error/omission on the part of the Vendor/Supplier/Contractor.
46.5.6 Bidder to ensure that the benefit of a reduction in the tax rate or the input tax credit availed by any
registered taxable person has resulted in commensurate reduction in the price of goods/services
supplied by such person. Vendor/Supplier/Contractor agrees unconditionally that any benefit arising
either directly or indirectly out of implementation of GST is mandatorily passed on to MRPL. Failure
on the part of bidder to ensure the same shall attract the provision of Anti Profiteering as notified by
the Govt of India.
46.5.7 Wherever GST is indicated / mentioned in the contract/tender/RFQ, it will include GST
Compensation cess levied under The Goods and Services Tax (Compensation to States) Act, 2017.
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46.6 LOADING OF TAXES/DUTIES:

46.6.1 Taxes and duties will be loaded as quoted by the bidder. However, if a BIDDER states that
taxes/duties are not applicable at present and will be charged as applicable at the time of delivery
then his bid shall be loaded by the maximum rate of taxes/duties applicable at the time of evaluation
of Bids.
47 CHANGE IN LAW :
47.1 In the event of introduction of any new legislation or any change or amendment or enforcement of
any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body
which becomes effective after the date of submission of Price Bid or revised price bid, if any, for this
CONTRACT and which results in increased cost of the works under the CONTRACT through
increased liability of taxes, (other than personnel and Corporate taxes), duties, the CONTRACTOR
shall be indemnified for any such increased cost by the MRPL subject to the production of
documentary proof to the satisfaction of the MRPL to the extent which directly is attributable to such
introduction of new legislation or change or amendment as mentioned above and adjudication by the
competent authority & the courts wherever levy of such taxes / duties are disputed by MRPL.
47.2 Similarly, in the event of introduction of new legislation or any change or amendment or enforcement
of any Act or Law, rules or regulations of Government of India or State Government(s) or Public
Body which becomes effective after the date of submission of Price Bid or revised price bid, if any,
for this CONTRACT and which results in any decrease in the cost of the works through reduced
liability of taxes, (other than personnel and Corporate taxes) duties, the CONTRACTOR shall pass
on the benefits of such reduced cost, taxes or duties to the MRPL, to the extent which is directly
attributable to such introduction of new legislation or change or amendment as mentioned above.
47.3 All duties, taxes (except where otherwise expressly provided in the Contract) as may be levied /
imposed in consequences of execution of the Works/Services or in relation thereto or in connection
therewith as per the Acts, Laws, Rules, Regulations in force on the date of submission of Price Bid or
revised price bid, if any, for the this CONTRACT shall be to CONTRACTOR’s account. Any increase
/ decrease in the net amount of such duties, taxes (i.e. the amount of taxes/duties payable minus
eligible credit of taxes / duties paid on input services / input) after the date of submission of price bid
or revised price bid, if any, but within the contractual completion / mobilization date as stipulated in
the CONTRACT will be to the account of MRPL.
47.4 Any increase in net amount of the duties and taxes (i.e. the amount of taxes/duties payable minus
eligible credit of taxes / duties paid on input services / inputs) after the contractual completion /
mobilization date during the extended period will be to the contractor’s account, where delay in
completion /mobilization period is attributable to the CONTRACTOR. However, any decrease in net
amount of the duties and taxes (i.e. the amount of taxes/duties payable minus eligible credit of taxes
/ duties paid on input services / inputs) after the contractual completion / mobilization date will be to
MRPL’s account.
47.5 The Contract Price and other prices given in the Schedule of Prices are based on the applicable tariff
as indicated by the CONTRACTOR in the Schedule of Prices. In case this information subsequently
proves to be wrong, incorrect or misleading, MRPL will have no liability to reimburse/pay to the
CONTRACTOR the excess duties, taxes, fees, if any finally levied / imposed by the concerned
authorities. However, in such an event, MRPL will have the right to recover the difference in case the
rate of duty/tax finally assessed is on the lower side.
47.6 Notwithstanding the provision contained in clause 26.1 to 26.5 above, the MRPL shall not bear any
liability in respect of :
(i) Personal taxes on the personnel deployed by CONTRACTOR, his sub-contractor / sub-sub
contractors and Agents etc.
(ii) Corporate taxes and Fringe benefit tax in respect of contractor and all of their sub-contractors,
agents etc.
(iii) Other taxes & duties including Customs Duty, Excise Duty and GST in addition to new taxes
etc. in respect of sub-contractors, vendors, agents etc. of the CONTRACTOR.
MRPL Tender No. 3300007400 51 of 149
47.7 In order to ascertain the net impact of the revisions / enactment of various provisions of taxes /
duties, the CONTRACTOR is liable to provide following disclosure to MRPL
(i) Details of each of the input services used in relation to providing service to MRPL including
estimated monthly value of input service and GST amount.
(ii) Details of Inputs (material/consumable) used/required for providing service to MRPL including
estimated monthly value of input and excise duty/CVD paid/payable on purchase of inputs.
SECTION - VIII
48 MANPOWER EMPLOYED BY TENDERER :

48.1 The successful tenderer shall deploy adequate staff of the requisite competence that may be
required for meeting the scope of services/work called for. It is hereby specifically agreed that the
responsibility for the employment of staff and their salary, wages remuneration, etc, shall be the sole
responsibility of the successful tenderer and that MRPL shall not be responsible in any manner
directly or indirectly for such employment or expenses so incurred by successful tenderer thereof.
Successful tenderer shall give a declaration to this effect. The Contractor has to comply with all
Labour related laws/rules in force w.r.t Minimum wages Act, Factories Act, Labour ACT and all other
such regulations/amendments made from time to time and in force and maintain all documents as
required by Law enforcing Authorities and produce the same as and when called for.
48.2 It is understood and agreed that there is no Employer- Employee relationship between MRPL and
the Contractor AND /or Contractor’s employees in any way whatsoever and the contractor shall be
the ‘Employer’ within the meaning of different Labour legislations in respect of workmen employed by
the Contractor. The Contractor has to carry on their business or occupation as Independent
Contractors and this point shall be made clear in writing to all persons engaged by the Contractor
before engagement of the person(s). The Contractor shall issue an Employment card in Form XIV as
per Contract Labour Regulation and Abolition Act 1970 OR Photo Identity card to each Worker.
49 MEDICAL:
49.1 In case of Annual Contracts exceeding more than one year, the Contractor should get medical
examination of the contract workers done every year either in MRPL Hospital or in ESI Hospital and
produce the medical certificate in the prescribed format (Form No.16).
50 LABOUR LAWS :
50.1 The Contractor shall obtain necessary licence from the Licensing Authority under the Contract
Labour (Regulation & Abolition) Act, 1970 and the Central Rules framed there under and produce the
same to the Engineer-in-charge before start of work.
50.2 The Contractor shall not undertake or execute or permit any other agency or sub-contractor to
undertake or execute any work on the contractor’s behalf through contract labour except under and
in accordance with the licence issued in that behalf by the Licensing Officer or other authority
prescribed under the Factories Act or the Contract labour (Regulation & Abolition) Act- 1970 or their
applicable law rule or regulation if applicable.
50.3 The provision of EPF & MP Act. 1952 and the Rules/Scheme thereunder shall be applicable to the
Contractor and the employees engaged by him for the work. The Contractor shall furnish the code
number allotted by the RPFC Authority, to the Engineer-in-Charge before commencing the work.
50.4 The Contractor shall be exclusively responsible for any delay in commencing the work on account of
delay in obtaining a license under clause 6.1 above or in obtaining the code number under Clause
6.3 above and the same shall not constitute a ground for extension of time for any purpose.
50.5 The Contractor shall enforce the provisions of ESI Act and Scheme framed thereunder with regard to
all his employees involved in the performance of the Contract and shall deduct employee's
MRPL Tender No. 3300007400 52 of 149

contribution from the wages of each of the employees and shall deposit the same together with
employer’s contribution of such total wages payable to the employees in the appropriate account.
51 LABOUR RELATIONS :
51.1 In case of labour unrest/labour dispute arising out of non-implementation of any law, the
responsibility shall solely lie with the contractor and he shall remove/resolve the same satisfactorily
at his cost and risk.
51.2 The Contractor shall deploy only duly qualified and competent personnel for carrying out the various
jobs as assigned by the Engineer-in-Charge from time to time. The workmen deployment by the
contractor should also possess the necessary licence etc., if required under any law, rules and
regulations.
51.3 The Contractor shall ensure that local labour, skilled and/or unskilled, to the extent available shall be
employed in this work. Special preference shall be given to persons and/or dependents of persons
whose land has been acquired for the project work. In case of non-availability of suitable labour in
any category out of the above persons, labour from outside may employed.
51.4 The Contractor shall not recruit personnel of any category from among those who are already
employed by the other agencies working at site but shall make maximum use of local labour
available.
51.5 Payment to contract workmen: In case of manpower based Contracts, Contractor shall be
responsible to make payment to his workers/ employees in respect of their salaries/ wages through
bank cheques/ crediting to bank A/c; the consent of the labour should be obtained before crediting
wages to the bank account, the contractor shall pay wages to all his employees on or before 7th of
the following month under the supervision of authorised MRPL personnel and a copy of proof of
payments to be submitted to MRPL; MRPL may demand such payment of wages under supervision
of MRPL, if found necessary. The rates of wages shall be in conformity to the minimum wages act.
52 CONTRACTOR'S LABOURERS TO LEAVE SITE ON COMPLETION OF THE WORK :

52.1 The Contractor's labourers must leave the location of the project site/township after the work is
tapered/ completed to avoid creation of a Slum in the areas adjoining the project/township.
53 TEMPORARY WORKS :
53.1 All Temporary and ancillary works including enabling works connected with the work shall be
responsibility of the Contractor and the price quoted by them for erection shall be deemed to have
included the cost of such works, which shall be removed by the Contractor at his cost, immediately
after completion of his work.
54 PROVIDENT FUND :
54.1 The Contractor should strictly comply with the provision of the Employees Provident Fund Act.
a) Obtained licence under Contract Labour (Abolition and Regulation)Act 1970
b) P.F. Registration Number allotted to them by RPFC.
c) The agencies should promptly deposit P.F. deduction of the eligible contract employees plus the
employers contribution to the RPF. For this purpose agency must submit a certificate in their Bill
that PF amount has been deducted from the eligible employees and along with the employers
contribution has been deposited with RPFC. In support of this the agency must furnish the
challan / receipt for the payment made to RPFC for the earlier months
54.2 If the certificate and the challan / receipt are not furnished, the Finance & Accounts Dept. of
Owner reserve the right to deduct 16% of the Running Account bill amount in case of Man
power based contract and 5% of the Running Account bill amount in case of Composite /
LSTK Orders. Deducted amount will be refunded to the contractor only on submission of
Challan / receipt.
MRPL Tender No. 3300007400 53 of 149

55 OBSERVATION OF FORMALITIES RELATING TO PF, ESI, REGISTRATIONS :
55.1 It should be confirmed by the successful tenderer that his/their organisation is already registered with
the Provident Fund Commissioner and the details may please he furnished to us for MRPL'S records
and the reference. MRPL will reserve its right to inspect the records pertaining to Provident Fund
rules (Annexure V).
55.2 PF / ESI Code: The Tenderer shall indicate his / their PF Code / ESI Number in their tender.
55.3 Income Tax: The Tenderer shall in all cases indicate his income tax Permanent Account
Number.(PAN). Income Tax Permanent Account Number will be required as precondition of release
of payment.
Note: The bidder will have to bear all Income Tax Liabilities both corporate & personal tax. Income
Tax along with surcharge of Income Tax as applicable at the prevailing rate on the gross amount
billed shall be deducted from the Contractor's bill as per applicable laws.
56 INSURANCE :
56.1 Owner shall at its own cost and expense take out from a suitable insurance company and maintain
the following insurances, which shall be
Erection All risks Insurance (EAR) or Contractor's All Risks Insurance (CAR)
The OWNER at his own cost has taken an “all risk” type insurance policy. These policies apply only
to insurance risks at site and to no other location. The CONTRACTOR shall be solely liable in the
event of his and/or SUBCONTRACTOR’s having caused any loss or damage of any nature arising
out of or in connection with the execution of the WORK not covered under those policies and shall
indemnify the OWNER and /or his representative in respect of any claim in respect of any such loss
or damage. The CONTRACTOR shall make himself fully familiar with the terms of the said policies
and take such additional insurance as he may deem necessary at his own cost.
57 CONTRACTOR FURNISHED INSURANCE: As applicable to the Service

57.1 Insurance Cover for Workmen:
The contractor shall obtain adequate Insurance Policy in respect of his workmen to be engaged for
the work compulsorily towards compensations as admissible under the Workmen’s Compensation
Act 1923, and Rules framed there under upon death/disablement of a worker and the same has to
be produced to the concerned in charge of Administration Section before start of the work.
All workers whose salary is more than Rs 21,000/- per month ( Prevailing rate as per the act) need
not to be covered by ESI. However, contractor to take insurance policy to cover the risk towards
temporary disablement and permanent disablement for the workmen.
57.2 CONTRACTOR shall at his cost and expense take out from a suitable insurance company
acceptable to owner and maintain for the entire period until ACCEPTANCE OF WORKS or until
such time thereafter as the CONTRACTOR may consider appropriate the following insurances.
(1) Workmen's Compensation Insurance (WCI)
This insurance shall confirm to and satisfy all the requirements of the applicable laws and
regulations of the country, state territory or province having jurisdiction over the
CONTRACTOR 's employees engaged in the WORKS.
(2) Employer's Liability Insurance (ELI)
The insurance shall cover the liability of the CONTRACTOR as employer, for compensation
beyond the coverage of the Workmen's Compensation Insurance for bodily injury to or loss of
life the CONTRACTOR's employees while engaged in the WORKS.
(3) Third Party Liability Insurance (TPL)
This insurance shall cover legal liability for bodily injury to loss of life of and/or damage to and
loss of properties of the third person party arising out of the performance by the CONTRACTOR
of the works.
MRPL Tender No. 3300007400 54 of 149

(4) Automobile Liability Insurance (ALI)
This insurance shall cover all the CONTRACTOR's liabilities in connection with use by the
CONTRACTOR for the WORKS of any mobile equipment and automobile and when used
which are owned, non-owned hired and otherwise placed under the CONTRACTOR's
administration and control, for bodily injury to loss of life of and/or property damage of any
person or party.
(5) Movable All Risks Insurance (MRI)
This insurance shall cover the damage to and/or loss of the CONSTRUCTION EQUIPMENT
including watercraft and aircraft and further including the CONTRACTOR's TEMPORARY
WORKS, owned, non-owned, hired or otherwise placed under the CONTRACTOR's
administration and control with the full replacement value coverage for each and every
occurrence.
(6) Other Insurance
Other insurance which shall be necessary or which the CONTRACTOR deems necessary for
proper performance of the WORKS e.g.
− Overseas (and/or Domestic) Travellers’ accident Insurance.
− Burglary Insurance
− All Risks marine cargo Insurance for the CONTRACTOR's CONSTRUCTION EQUIPMENT,
tools and machinery, and for equipment and materials that the CONTRACTOR's
TEMPORARY WORKS and that the CONTRACTOR under the CONTRACT may supply for
the WORKS and/or the PERMANENT WORK and
− Fidelity Guarantee Insurance
The CONTRACTOR agree that the provisions of this Clause shall to the extent as appropriate,
be apply all the contracts that may for the WORKS be entered into by and between the
CONTRACTOR and the respective SUBCONTRACTORs and unless the CONTRACTOR
furnished insurance called for by the CONTRACT are good also for the SUBCONTRACTORs
their properties and/or their liabilities in connection with the WORKS the CONTRACTOR
shall include in such contracts as aforementioned the requirements for insurance conforming
to this clause.
Inclusion of such insurance requirements in such contracts as aforementioned however, shall
not release the CONTRACTOR from any of his responsibilities and liabilities under the
CONTRACT.
58 VERIFICATION OF CHARACTER AND ANTECEDENTS OF CONTRACTUAL MANPOWER:

In all contracts involving deployment of contractor's manpower within MRPL premises like Plants and
Offices etc. the contractor shall submit the following documents to MRPL prior to start of work:
58.1 Undertaking from the contractor that they have scrutinised the previous work history of the person(s)
proposed to be deployed by them and character and antecedents of person(s) proposed to be
deployed by them is / are impeccable.
58.2 Along with the above mentioned undertakings, the contractor will provide certified photocopies of
police verification certificate for inspection by the authorised representatives of MRPL. The
contractor has to obtain Police Verification Report from the area where the person(s) to be deployed
has / have been residing since the last five years. In case the person concerned has not resided at a
place for five years at a stretch, Police verification reports should be obtained from that area where
the person(s) has / have stayed earlier.
58.3 The contractor shall ensure at the time of submitting their final bills to the EIC, that it is accompanied
by a NOC from Security Dept., MRPL, for having surrendered all Photo passes and Bio-Metric cards
issued by MRPL. If any Pass and Bio-Metric Cards are not surrendered even after the completion of
job / contract, the contractors are liable to pay a fine of Rs.200/- for every un-surrendered pass and
Rs. 100/- for every Bio-Metric card (These fine amounts are subject to revision by Security Dept.,
MRPL, from time to time.
MRPL Tender No. 3300007400 55 of 149
59 BROAD GUIDELINES FOR EFFECTIVE IMPLEMENTION OF CONTRACT MANAGEMENT SYSTEM

AND MEETING OF STATUTORY REQUIREMENTS IN ENGAGEMENT OF SECONDARY WORK
FORCE:
A. Whenever a work order is issued following documents are required to be submitted to HR

Department by Contractor duly signed by Engineer In Charge:
I ) Where Labour engaged by the Contractors is less than 19:
1. Copy of the Valid Work Order / LOA Copy.

2. Work Commencement letter by the Contractor in Form 6A / Notice of Commencement
3. Register of Workmen in Form No. XIII
4. Copy of the PF code allotted by the Competent Authority.
5. Copy of the ESI code allotted by the Competent Authority.
6. Workmen’s compensation policy.
7. Age proof, Aadhar card number and Bank Account details of the worker.
II ) Where Labour engaged by the Contractors is more than 19:
1. Copy of the Valid Work Order / LOA Copy.

2. Work Commencement letter by the Contractor in Form 6A / Notice of Commencement
3. Register of Workmen in Form No. XIII
4. Copy of the PF code allotted by the Competent Authority.
5. Copy of the ESI code allotted by the Competent Authority.
6. Request letter from the contractor for issuance of Form No.V for apply labour license through EIC.
7. Submission of Form No. IV for proof of applying labour license attested by the ALC.
8. Interstate migrant license copy if labour engaged more than five from other states.
9. Workmen’s compensation policy.
10. Age proof, Aadhar card number and Bank Account details of the worker.
III ) Documents required on monthly basis duly certified by Engineer In charge:
1. Wage register duly certified by the Engineer Incharge

2. Attendance Register duly certified by the Engineer Incharge
3. Payment of wages should be disbursed within 7 days from the close of wages period.
4. ESI / PF Challans receipt along with PF-ECR Copy & Monthly contribution details for payment to
Statutory Authorities in respect of the wages paid for the previous month with covering letter.
5. Bank statement for wages paid
6. Insurance copy for those who are not covered under ESI Act.
7. Form No. 5 & 10 and Male and Female data for each month.
B. Documents required on annual basis for release of bank Guarantee / security deposit duly
certified by the Engineer Incharge.
1. Work Completion letter by the Contractor in Form 6A/ Notice of completion.

2. Annual medical check-up data.
3. Payment of bonus as per statute.
4. Payment of leave with wages @ 1 days for the every 20 days worked by workers.
5. Payment of gratuity if applicable (on completion of 5 years of continuous service).
6. NOC from Security Dept. On Surrendering of punch card and entry pass issued by MRPL.
7. Register of over time. Form no. XXIII.
8. Wage slip in form no. XIX.
9. Register of damages or loss form no XX.
10. Register of fine. Form no. XXI.
11. Register of advance. Form no. XXII
12. Employment card XIV.
13. Indemnity bond.
14. Half yearly / Yearly labour return in form XXIV(sec rule 82(1) to the licensing officer under contract
labour returns.
MRPL Tender No. 3300007400 56 of 149
15. Half yearly return in form 5A (regulation 26) on ESI contribution.
C. PROCEDURE ADOPTED BY HR IN DEALING WITH CONTRACTORS
• Contractor shall submit the documents as specified above with a cover note signed through EIC to
HR department.
• On submission of compliance report / recommendations from EIC, HR will give clearance to
Finance for release of payment.
• Any deviation from the above procedure and non-production of required documents will result in
delay in issuance of gate pass and payment of monthly bill, final bill and release of retention money /
Security Deposit / Bank Guarantee, etc.
• Contractor should also give an indemnity bond to MRPL absolving MRPL of all statutory, Non-
statutory clearance by their employees, sub-contractors and supplies.
60.0 DETAILS OF MINIMUM PAYMENT TO WORKFORCE EMPLOYED BY CONTRACTOR
The contractor shall pay Minimum as per the following table to the workforce deployed by him under various
categories(Unskilled / Semiskilled / Skilled / Highly Skilled) as applicable;
Sl no Description Payment basis

1 Basic Wages per day As per Minimum wages act issued from time to time by ALC
2 PF/Admin charges 13 % of Basic Wages & MRPL Special Allowance
3 ESI 3.25 % of Basic Wages, MRPL Special Allowance & Shift allowance
(if applicable).
4 Leave Wages 5 % of Basic Wages (As per ALC)
5 Bonus 8.33 % of min wages or Rs 7000 /- per annum whichever is higher
6 Holiday wages 10 days per year
Unskilled(in Semi Skilled Highly skilled
Rs) Skilled (in Rs)
(in Rs) (in Rs)
MRPL Special 34 50 70 90
7 Allowance per day
Note: Please refer details of the Minimum wages as mentioned in the SCC/Scope of Work (as applicable).
The following to be complied:

a. Shift allowance (if applicable) – Shift allowance @ Rs 25 /- per shift to be provided to Secondary work
force coming in rotational shift (i.e., morning, evening and night shifts) working in plant area.
b. Annual Medical Check-up for Workforce to be complied by the contractor.
c. PF/ESI remittance to be ensured on MRPL Special Allowance.
d. Rates of MRPL special allowance shall be Rs 34, Rs 50, Rs 70 & Rs 90 for Unskilled, Semi-Skilled,
Skilled & Highly Skilled Category respectively.
e. Gratuity to be paid as per the statutory norms based on the government directives.
f. Number of closed Holidays shall be 10 days per year.
g. Extended working hours shall be compensated suitably as per statutory provisions.
h. Group term life Insurance cover to be taken having a risk coverage 24 X 7 death coverage(Natural
/Accidental death) with a sum assured of Rs.10,00,000/-(Rs.Ten lacs only).
i. Statutory provisions if in contradiction will prevail over any Special conditions of the Contract.
j. Transportation facility in respect of Secondary Workforce for commuting to entry gates of MRPL shall be
in the scope of the contractor. However, for internal transport from entry gate to place of work; existing
circular vehicles to be utilised.
k. For ensuring compliance to the above, suitable number of welfare officers to be placed by contractors
with respect to all statutory provisions.
l. Uniform/ Boiler suit-2 sets per year, Helmet, Shoes, Raincoat to be provided to the workforce and proof
to be submitted.
MRPL Tender No. 3300007400 57 of 149

SECTION - IX
61 STATUTORY REQUIREMENTS/ SAFETY RELATED ASPECTS :
(Please refer Safety Policy).
a) This shall be read in conjunction with the MRPL General Conditions of Contract, Special Safety
Precautions to be taken by the Contractors working in Operating Refinery, Specification of Work,
Drawing or any other document forming part of this contract wherever the context so requires.
b) Contractor shall be responsible for the safety and health of all his employees.
c) All Liabilities under IE rules 1956/labour laws, insurance on account of this contract for
personnel/labour shall be done by the contractor. Engineer In-charge in co-ordination with P&A dept
will be ensuring that all these statutory requirements pertaining to labour and safety is complied by
the Contractor during the execution of the said contract. Workmen employed by the contractor are
required to comply with/maintain the following under contract labour (regulation and abolition) act
and also make it available for the inspection by GM (P &A).
• Workmen register
• Attendance register
• Wage register (payment to be made strictly as per minimum wages act)
• Work commencement certificate from labour commissioner and labour license if required
• Insurance cover towards temporary disablement and permanent disablement for the workmen
• PF Contribution -As per PF act the contractor has to obtain separate code for the PF of their
employee from the PF commissioner/MRPL. Details of payment of PF for the wages disbursed by
the contractor to the workmen shall be submitted to GM (P & A) periodically.
d) The contractor should give an Undertaking that he has gone through all terms and conditions of
MRPL General Conditions of Contract and all terms and conditions are agreeable to them.
e) Contractor shall ensure strictly all Safety Precautions to be taken in an Operating Refinery. Special
safety precautions to be taken by the contractors working in operating refinery is to be taken from
Engineer In-charge.
f) Contractor shall ensure that all workmen entering refinery premises are provided with valid photo
gate passes and to be produced on demand by each workman.
g) The Contractor shall submit the Bio-data of all the employees including the Supervisor to the
Engineer-in-charge before taking up the job. Only those employees whose Bio-data are approved
shall be allowed to work inside the Refinery Complex. The personnel engaged by the Contractor
shall maintain good conduct and discipline commensurate with Industrial standard. If in the opinion of
the Engineer-in-charge any of the personnel have not maintained good conduct and discipline, the
Contractor shall remove such personnel immediately from MRPL premises and provide alternate
personnel.
h) The Contractor shall make his own transport arrangements/stay and food for their personnel during
normal duties as well as extended duties and no company transport shall be provided to the
Contractor.
i) The Contractor shall make himself fully conversant with the locations and the type of job to be
carried out.
j) House keeping of the workplace shall be done strictly by the Contractor on daily basis or as required
by the Engineer-in-charge. Contractor to collect all debris/ scrap and dump at designated Scrap Yard
within the Refinery.
k) The Contractor shall prepare plan for executions of jobs and get the same approved by the
Engineer-in-charge. The Contractor shall submit progress report at specified intervals and shall be
responsible to ensure the specified progress.
l) The Contractor shall ensure that day’s work planned by MRPL Engineer-in-charge is completed on
the same day. In case of backlog, the Contractor to increase the manpower or equipment resources
to ensure timely completion of the job.
m) The Contractor shall ensure good workman-ship in all the jobs carried out. Any defects found in the
completed jobs shall be rectified by the Contractor free of charge to the satisfaction of the Engineer-
in-charge.
MRPL Tender No. 3300007400 58 of 149

n) If at any stage of the work, the progress of the Job is found unsatisfactory, MRPL reserves the right
to carry out the remaining portion of the Job by hiring the services of the other agencies and charge
the cost of such services to Contractor’s account. In case of any disputes MRPL’s decision will be
final & binding.
o) The work to be carried out in a manner so as not to cause damage to the surroundings. Damage if
caused during carrying out the Job has to be made good by the Contractor at no extra cost to MRPL.
p) No Extra Bill or Claim for extra work or supply of material will be entertained unless undertaking of
such extra work/supply of material has been authorised by MRPL in writing.
q) MRPL reserves the right to terminate the Contract without assigning any reason at any time during
the validity of the Contract period.
r) Bills shall be submitted to Accounts Dept. on any working day duly certified by the Engineer-in-
charge after completion of work.
s) MRPL reserves the right to award the job in full or in any combination of the items as felt convenient.
SECTION - X
62. GENERAL GUIDELINES TO SUPPLIERS (AS APPLICABLE) FOR ENVIRONMENT AND

ENERGY COMPATIBILITY
MRPL is an organization which is certified to ISO 14001 Environment Management System and ISO
50001 Energy Management System and looks forward to its service providers to help them maintain
the system that is designed for this purpose.
All suppliers are to ensure compliance to the following while they are providing Materials to MRPL or
providing services within the premises of MRPL .
a) Ensure that the products supplied are Eco friendly (easily disposable as bio-degradable waste and
the end of life or with a buy back condition), when not covered by PO specification.
b) Products supplied should be non-polluting when in operation/service.
c) Items supplied are to be energy efficient i.e. “Star rated”.
d) Ensure that the packing and Packaging material used are disposal as bio-degradable waste or with
buy back condition.
e) Material Safety Data Sheets contain environment /energy related data /information on energy
efficiency usage, storage, spillage and easy disposal.
f) Specify action to be taken for spillages, if any to prevent contamination of air, land and water.
g) Ensure that there is no threat to environment during transportation to and returns from MRPL, during
delivery / while supplying materials.
h) Material supplied should not lead to damage or harm to vegetation and greenery while usage and
disposal.
i) Supplier shall comply with all applicable regulations regarding the supplied Goods including all
materials used and shall provide all information necessary by such regulation and/or requested by
MRPL
j) Supplier shall be responsible, where physically possible, to take the Goods back for the purpose of
recycling them within the scope of the statutory requirements or to dispose them in an
environmentally-friendly manner.
k) Suppliers are to take action and comply with requirements when failures are intimated by MRPL and
repeated failures /failure to act may lead to termination of contracts.
l) Ensure that the noise and pollution levels of vehicles and equipment when used to deliver goods are
as per regulatory norms and are subject to verification.
63. GENERAL GUIDELINES TO SERVICE PROVIDERS (AS APPLICABLE) FOR ENVIRONMENT

AND ENERGY COMPATIBILITY
MRPL is an organization which is certified to ISO 14001 Environment Management System and ISO
50001 Energy Management System and looks forward to its service providers to help them maintain
the system that is designed for this purpose.
All service providers are to ensure compliance to the following while they are providing Materials to
MRPL or providing services within the premises of MRPL.
MRPL Tender No. 3300007400 59 of 149

a) Ensure that the products used while providing service are Eco friendly (easily disposable as bio-
degradable waste and the end of life or with a buy back condition), when not covered by PO
specification
b) Activities of the service provider should be non-polluting either by design or through control.
c) Equipment’s brought for providing service are energy efficient i.e. star rated
d) Ensure that the packing and Packaging material brought are disposal as bio-degradable waste or
with buy back condition.
e) Material Safety Data Sheets are available for material brought for providing service and contain
environment /energy related data / information on energy efficiency usage, storage, spillage and
easy disposal.
f) Follow action specified by MRPL to be taken for spillages, if any to prevent contamination of air, land
and water.
g) Ensure that there are no threats to environment during transportation of material to and returns from
MRPL to be used for providing service to MRPL.
h) Material brought for usage and disposed at MRPL, should not lead to damage or harm to vegetation
and greenery.
i) Supplier shall comply with all applicable regulations regarding the materials used and shall provide
all information necessary by such regulation and/or requested by MRPL
j) Supplier shall be responsible, where physically possible; to take the Goods back for the purpose of
recycling them within the scope of the statutory requirements or to dispose them in an
environmentally-friendly manner, when covered by contract.
k) Suppliers are to take action and comply with requirements when failures are intimated by MRPL and
repeated failures /failure to act may lead to termination of contracts.
l) Ensure that the noise and pollution levels of vehicles and equipment used for providing service
within MRPL are as per regulatory norms and are subject to verification
m) Segregate waste generated when providing service as per the scope of work as per MRPL norms
i.e. Metal, Bio-degradable, Non-biodegradable, Solid waste and Hazardous waste,.
n) Dispose waste generated as per MRPL norms in the appropriate waste bins provided.
o) Prevent / minimize /control /contain pollution by control on emission of gases, spillages when
providing service as per the scope of work
p) Supplier shall be responsible, where physically possible, to take its Goods back for the purpose of
recycling them within the scope of the statutory duties or to dispose of them in an environmentally-
friendly manner.
q) Follow safety precautions as per MRPL norms, when providing service as per the scope of work.
r) Prevent wastage, excessive consumption and misuse of Electricity, steam and water.
SECTION – XI (MSEs & STARTUP COMPANIES)

64.0 CONDITIONS FOR MICRO AND SMALL ENTERPRISES (MSEs)
1. As per Public Procurement policy (PPP) for Micro & Small Enterprises (MSEs) Order, 2012 issued vide
Gazette Notification dated 23.03.2012 by Ministry of Micro, Small and Medium Enterprises of Govt. of
India, MSEs must be registered with any of the following in order to avail the benefits / preference
available vide Public Procurement Policy MSEs Order, 2012.
a) District Industries Centers (DIC)
b) Khadi and Village Industries Commission (KVIC)
c) Khadi and Village Industries Board
d) Coir Board
e) National Small Industries Corporation (NSIC)
f) Directorate of Handicraft and Handloom
g) Any other body specified by Ministry of MSME (MoMSME)
h) Udyog Aadhaar Acknowledgment / Udyog Aadhaar Memorandum issued by MoMSME.
MSEs participating in the tenders must submit valid & authorized copy of certificate of registration with
any one of the above agencies. In case of bidders submitting DIC registration certificate, he shall attach
original notarized copy of the DIC certificate.
MRPL Tender No. 3300007400 60 of 149
2. The MSEs registered with above mentioned agencies /bodies are exempted from payment of Earnest
Money Deposit (EMD).
3. Bidder shall be Manufacturer for supply items

As per the MoMSME, the benefits of the PP Policy extended only to manufacturers registered under this
and are not applicable to traders/ dealers/resellers/ distributors/authorized agents etc. Accordingly, the
eligible MSE bidders shall be registered for the item tendered.
Bidder shall submit proof that he is a manufacturer of the item for which he is quoting and he shall
highlight the details of his manufacturing status in the MSE certificate against the item he is proposing to
bid in the tender. However, in cases where installation / commissioning and related activities along with
Purchase of item(s)is/are involved and the bidder has relevant MSE certification, then he shall be
eligible for claiming benefits of the PP Policy.
4. The registration certificate issued must be valid as on Bid closing date of the tender. Bidder shall ensure
validity of registration certificate in case bid closing date is extended.
5. The MSEs who have applied for registration or renewal of registration with any of the above
agencies/bodies, but have not obtained the valid certificate as on close date of the tender, are not
eligible to avail benefits under PP Policy. Where validity of such certificates such as NSIC certificate has
lapsed, it shall be the responsibility of the bidder to seek renewal from the concerned Govt agency
before such expiry. Documentary evidence seeking extension before the lapse of validity of such
certificate and an authorization letter from the Govt. agency having received application for renewal
shall be submitted before the bid closing date.
6. MRPL being a critical refinery installation, vital to public safety and maintaining essential supplies to the
society and other customers including Govt agencies, reserves right to grant relaxation in tender
conditions under the Public Procurement Policy on procurement of goods and services from Micro and
Small Enterprises (MSEs) order 2012/other Government guidelines as applicable from time to time.
7. Purchase Preference:
a) Items which are reserved for exclusive purchase from Micro and Small Enterprises shall be procured
from Micro and Small Enterprises as per Public Procurement Policy.
b) Subject to meeting terms and conditions stated in the tender document, twenty five percent of the
total quantity of the tender is earmarked for MSEs registered with above mentioned agencies/bodies
for the tendered item/services.
c) In case MSE bidder is L1 entire value of the tender is to be ordered on the L1 MSE bidder.
d) In tender, participating Micro and Small Enterprises quoting price within price band of L1 + 15% shall
also be allowed to supply a portion of requirement by bringing down their price to L1 price in a
situation where L1 price is from someone other than a Micro and Small Enterprise and such Micro
and Small Enterprise shall be allowed to supply upto 25 percent of the total tendered value (where
the tender quantity can be split).
e) In case of more than one such MSEs are in the price band of L1 + 15% and matches the L1 price,
the supply may be shared proportionately if the job can be split.
f) In case the tendered quantity cannot be split, MSE shall be allowed to supply total tendered quantity
provided their quoted price is within a price band of L1 + 15 percent and they match the L1 price.
g) If the quantity cannot be split and there are more than one eligible MSE bidders (price band within
L1+15%) then the opportunity to match the L1 rate of the tender shall be given first to MSE (who
have quoted lowest rate among the MSEs within the price band of L1+15%) and the total quantity
shall be awarded to him after matching the L1 price of the tender.
MRPL Tender No. 3300007400 61 of 149

h) If the MSE who have quoted lowest rate among the MSEs in the price band of L1 + 15% do not
agree to match the rate of L1 of the tender, then the next ranked MSE bidder who has quoted within
the price band of L1 + 15% in order shall be given chance to match the rate of L1 for award of the
quantity/order.
i) For more clarity in this regard, following table is furnished;
Type of Tender Price quoted by MSE Finalization of tender

Can be Split L1 Full order on MSE
25% order on MSE subject to
Can be Split Not L1 but within L1+15%
matching L1 price
Cannot be Split L1 Full Order on MSE
Full Order on MSE subject to
Cannot be Split Not L1 but within L1+15%
matching L1 price
j) In case where tender quantity can be split and MSE vendor is already getting order for more
than 25% of the tendered quantity/ value, no additional purchase preference is required to be
given in the tender.
k) In case MSE vendor is getting order less than 25% of the tendered quantity / value, purchase
preference to this and other MSE vendors (together) shall be given only up to the differential
quantity to make total as 25% to MSE vendor.
l) The purchase preference to MSE is not applicable for works contracts where supply of goods not
produced by MSEs is also involved.
8. Out of the twenty five percent target of annual procurement from micro and small enterprises four
percent shall be earmarked for procurement from micro and small enterprises owner by Scheduled
Caste & Scheduled Tribe entrepreneurs. In the event of failure of such MSEs to participate in the tender
process or meet the tender requirements and L1 price four percent sub-target so earmarked shall be
met from other MSEs.
9. To qualify for entitlement as SC/ST owned MSE, the SC/ST certificate issued by District Authority in
addition to certificate of registration with any one of the agencies mentioned in paragraph (I) above.
Alternatively, the bidder shall be responsible to furnish necessary documentary evidence for enabling
MRPL to ascertain that the MSE is owned by SC/ST entrepreneurs. MSE owned by SC/ST is defined
as:
a) In case of proprietary MSE, proprietor(s) shall be SC/ST

b) In case of partnership MSE, The SC/ST partners shall be holding at least 51% shares in the
enterprise.
c) In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.
10. If the bidder does not provide appropriate document or any evidence to substantiate the above, then it
will be presumed that he does not qualify for any preference admissible under the Public Procurement
Policy, 2012.
65.0 CONDITIONS FOR START-UP COMPANIES
1. Subject to meeting of Quality and Technical specifications, MRPL may consider allowing the
participation of all “Start-up’’ companies (and not limited to manufacturing sector), who are capable of
executing the order as per technical specifications/ perform the job as per scope of work specified in the
tender and subject to meeting extant & relevant guidelines of Government of India. This should be
confirmed and substantiated in the technical bid. The startup bidder shall be required to submit an
undertaking along with the bid stating that they will comply with all quality requirement and technical
specifications of the tender during execution.
MRPL Tender No. 3300007400 62 of 149

2. To establish the quality and technical specification of the tendered items Technical Capability, following
criteria to be ensured as applicable;
a) The bidder who intends to participate as “Start-up” company should enclose the `Certificate of
Recognition issued by Department of Industrial Policy and Promotion(DIPP), Ministry of Commerce
& Industry, Govt. of India during submission of Technical bid.
b) Nature of Business mentioned in application made to get Start-up accreditation. Nature of Business
should be related to tender item.
c) A detailed Business Plan covering complete implementation of work with following points needs to
be submitted as applicable;
• Methodology to execute tendered work
• Resource allocation & planning
• CV/Qualification of Key executives
• Working Capital & Finance Management
• Safety, Security & statutory aspect
• Any other important points which would be helpful to prove quality & technical capability.
d) Certificate of Incorporation.
e) Audited Balance sheet (P&L statement) of all the financial year since incorporation.
f) The Start-up companies, recognized by DIPP are exempted from payment of EMDs
g) Prequalification Criteria with respect to Prior Turnover and Prior Experience may be relaxed for Start-
ups as per the GOI guidelines.
h) However, there may be circumstances like procurement of items/services related to public safety,
health, critical security operations and equipment, etc wherein MRPL reserves the right to not consider
relaxation of Prior Turnover and Prior Experience for Start-up Companies as per GOI guidelines.
i) Start-up Companies who are also registered as MSEs and wish to avail the benefits as applicable to
MSE, shall submit relevant documents covered under Conditions for Micro and Small Enterprises
elsewhere in this tender.
j) Based upon above documents / details, if MRPL is not convinced on meeting quality and technical
capability of the bidder on the tendered items is able to execute the subject tender, the bid may be
rejected without any further notice / communication to the bidder.
Bid Evaluation in case of tie:
• In case of tie at the lowest bid (L1) position between two or more startup/non-startup bidders, the
order will be placed on the bidder who has higher/highest turnover in last audited financial year.
• In case there is tie at the lowest bid (L1) position between only startup bidders and none of them has
past turnover, the order will be placed on the startup who is registered earlier with Department of
Industrial Promotion and Policy.
66.0 POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) (PP-LC)
MOP&NG has notified the purchase preference(linked with local content)-PP-LC for the Procurement of
goods and services under Oil & Gas Projects in India. Under this Policy, the bidders are allowed to avail
the purchase preference linked with attaining the stipulated Local content.
MRPL reserves the right to allow Manufacturers or Suppliers or Service providers, purchase preference
as admissible under the prevailing policy, subject to their complying with the requirements/conditions
defined herewith and submitting documents required to support the same. In order to avail the Purchase
preference under this policy, bidder shall achieve minimum Local Content (LC) for enquiries floated
year-wise (Date of Notice inviting tender) as per table given below.
MRPL Tender No. 3300007400 63 of 149
Table of Local Content-Enclosure-1
Notes
1. Above policy is not applicable for Domestically Manufactured Electronic Products (DMEP) and MSME as
there being specific policies for products/services
2. The prescribed local content in above table shall be applicable on the date of Notice Inviting Tender.
A) Margin of Purchase Preference

The manufacturers/service providers having the capability of meeting/ exceeding the local content targets
given above shall be eligible for 10% purchase preference under the policy. i.e where the quoted price of
eligible LC manufacturers/LC service providers is within 10% of the lowest price, purchase preference may
be granted at the lowest valid price bid.
B) Procedure for availing benefits under Purchase Preference (Make in India Policy)
The option in case of MSE bidders qualifying under both Policies, namely, Purchase Preference under the
Public Procurement Policy – 2012 (PPP-2012) for MSE bidders and Purchase Preference Linked with Local
Content (PP-LC 2017) shall be exercised as under:
i. The MSE bidder can avail only one out of the two applicable purchase preference policies, i.e., PP-LC
2017 for PPP-2012 and therefore, bidder will be required to furnish the option under which he desires to
avail purchase preference. This option must be declared within the offer and in case bidder fails to do
so although he is eligible for both the Policies, MRPL shall evaluate his offer considering PPP- 2012 as
the default chosen option.
ii. In case a MSE bidder opts for preference under PPP-2012, he shall not be eligible to claim benefit
under PP-LC 2017 (irrespective of the fact whether he furnishes the details of LC in his offer and this
LC meets the stipulated LC criteria).
iii. In case a MSE bidder opts for purchase preference based on PP-LC 2017, he shall not be entitled to
claim benefit of purchase preference benefit as applicable for MSE bidders under PPP-2012. However
the exemptions from furnishing Bid security (EMD) shall continue to be available to such a bidder.
iv. In view of the above
a) The bidder’s quoted prices against various items of enquiry shall remain valid even in case of
splitting of quantities of the items, except in case of items where the quantity cannot be split since
these are to be awarded in a Lot or as a package or Group.
b) While evaluating the bids, for price matching opportunities and distribution of quantities among
bidders, the order of precedence shall be as under:
• MSE bidder (PPP-2012)
• PP-LC complied bidder (PP-LC)
In case the bidder has not declared his status as to whether he is an MSE Bidder or PP-LC Bidder during bid
submission, then he will be considered as non PP-LC compliant bidder and evaluated accordingly. No further
correspondence will be made in this regard.
Examples of Purchase Preference:

Non divisible item
MRPL Tender No. 3300007400 64 of 149
L1 bidder is non MSE, non PP-LC bidder
L2 bidder is PP-LC (within 10%)
L3 bidder is MSE bidder (within 15%)
MSE bidder shall be given preference to match the L1 price. If L3 bidder matches the L1 price, Order shall
be placed on him, otherwise, option for matching the L1 price shall be given to L2 bidder (PP-LC).
Divisible item
L1 bidder is non MSE, non PL-LC bidder
L2 bidder is PP-LC (within 10%)
L3 bidder is MSE bidder (within 15%)
MSE bidder shall be given preference to match the L1 price. If bidder matches the L1 price, order shall be
placed on him for the quantity specified in the bidding document. For the balance quantity (i.e. 50% of
tendered quantity/value) option for matching the L1 price shall be given to L2 bidder (PP-LC). Balance
quantity shall be awarded to natural lowest bidder.
For further clarification, in case an item has quantity 4 nos. then 1 no. can be given to MSE bidder, 2 to PP-
LC bidder and left out 01 no. to natural L1 bidder.
Note:
The above two examples are not applicable to the Works Contracts since the Purchase Preference under
PPP-2012 is not applicable to works contracts.
• In case lowest bidder is a MSE bidder, the entire work shall be awarded to him without resorting to
purchase preference to bidders complying with Local Content.
• In case lowest bidder is a PP-LC bidder, purchase preference shall be resorted to MSE bidder as per
provisions specified in the enquiry document w.r.t. PPP-2012 only.
The PP-LC Policy shall be implemented in the following manner

Quantum of purchase preference for bidders qualifying under local content (for LC Bidder) meeting minimum
local content, subject to accepting L1 Price and tender applicability criteria, referred to as eligible LC bidder
as explained under previous sections are stated below.
A. For goods
1) If L-1 is LC bidder, entire quantity will be awarded to such LC bidder
2) If L-1 is non-LC bidder,
a) 50% of the quantity will be awarded to LC bidder and rest to non-LC bidder
b) If quantity cannot be split in the ratio of 50:50, the next higher quantity greater than 50%
that is practically splittable shall be awarded to LC bidder and rest to non-LC bidder
c) If quantity is indivisible, 100% shall be awarded to LC bidder
d) If there are more than one LC bidders, 50% quantity shall be awarded to lowest LC
bidder and rest to non LC bidder
B. For Services/ EPC contracts.
Normally the service / EPC contract are not splittable and therefore the eligible LC bidder shall be
awarded 100% of the contract. However, in cases where the contract are splittable the LC bidder
shall be awarded contract as explained under section A.2) above as in procurement of goods.
C) CERTIFICATION OF LOCAL CONTENT

Manufacturers of goods and/or providers of service, seeking Purchase preference under the policy, shall be
obliged to certify the LC of goods, service or EPC contracts as under:
At bidding stage:
The bidder shall provide the percentage local content in the bid (Unpriced Bid)
The bidder must have LC in excess of the requirement specified in table given in Enclosure-1
MRPL Tender No. 3300007400 65 of 149

• The bidder shall submit an undertaking from the authorized signatory of the bidder having the power
of attorney along with the bid stating the bidder meets the mandatory minimum local content
requirement, which shall become part of the contract.
• In cases of procurement for an estimated value in excess of Rs 10 Crores, the undertaking
submitted by the bidder shall be supported by a certificate from the statutory auditor or cost
auditor of the company (in case of companies) or from a practicing cost accountant or practicing
chartered accountant (in respect of other than companies) giving the percentage of local
content.
• However, in case of foreign bidder, certificate from the statutory auditor or cost auditor of their own
office or subsidiary in India giving the percentage of LC is also acceptable. In case office or
subsidiary in India does not exist or Indian office/subsidiary is no required to appoint statutory auditor
or cost auditor, certificate from practicing cost accountant or practicing chartered accountant giving
the percentage of LC is also acceptable.
After awarding of Contract/Purchase Order

The LC Certificate as per Table attached as per relevant Enclosures (II,III & IV) shall be submitted
along with each Invoice as per following criteria
a) Where the total quoted value is less than INR 5 Crore:

In the case of procurement of goods and or services with the value less than Rs Five Crores, the
local content shall be calculated (self-assessment) by the supplier of goods and/or the provider of
services and certified by the Director/ Authorised representative of the company
b) Where the total quoted value is INR 5 Crore or above -The verification of the procurement of
goods, services or EPC contracts with the value Rupees Five Crore and above shall be carried out
as follows
i. The Proprietor and an independent Chartered Accountant, not being an employee of the firm, in
case of a proprietorship firm.
ii. Any one of the partners and an independent Chartered Accountant, not being an employee of the
firm, in case of a partnership firm.
iii. Statutory auditors in case of a company. However, where statutory auditors are not mandatory as
per laws of the country where bidder is registered, an independent charted accountant, not being
an Employee of the bidder’s organization.
However, procuring company shall also have the authority to audit as well as witness production processes
to certify the achievement of the requisite local content and/or to obtain the complete back up calculation
before award of work failing which the bid shall be rejected and appropriate action may be initiated against
the bidder.
D) CALCULATION AND DETERMINATION OF LOCAL CONTENT

Bidder claiming Local Content have to calculate the LC and indicate the same in the Unpriced
Bid and substantiate the calculation while submitting each invoice
1. LC shall be calculated on the basis of verifiable data. In the case of data used in the calculation of
LC being non verifiable, the value of LC of the said component shall be treated as nil.
2. Format for calculation of LC is enclosed as
a) Enclosures ll, for procurements of
a) Supply of goods
i) Supply of goods along with installation and commissioning
ii) Supply of goods along with installation , commissioning & AMC
b) Enclosure III for calculation of LC for Services
c) Enclosure IV for calculation of LC for EPC
3. Determination of Local Content
MRPL Tender No. 3300007400 66 of 149
a) For Goods/installation & commissioning/AMC as evaluated under Enclosure II
i. LC of goods shall be computed on the basis of the cost of domestic components in goods,
compared to the whole cost of product. The whole cost of product shall be constituted of the
cost spent for the production of goods, covering: direct component (material) cost; direct
manpower cost, factory overhead cost and shall exclude profit, company overhead cost and
taxes for the delivery of goods.
ii. The criteria for determination of local content cost shall be as following
• In the case of direct component (material) based on country of Origin
• In the case of manpower, based on INR component
• In the case of working equipment/facility, based on the country of Origin
iii. The calculation of LC of the combination of several kinds of goods shall be based on the
ratio of the sum of the multiplication of LC of each goods with the acquisition price of each
goods to the acquisition price of the combination of goods
b) For services as evaluated under Enclosure III
I) LC of service shall be calculated on the basis of the ratio of service cost of domestic
component in service to the total cost of service
II) The total cost of service shall be constituted of the cost spent for rendering of service
covering
• Cost of component (material) which is used
• Manpower and consultant cost, cost of working equipment/facility and
• General service cost excluding profit, company overhead cost , taxes and duties
III) The criteria for determination of cost of local content in the service shall be as follows
• In the case of material being used to help the provision of service, based on country
of origin
• In the case of manpower and consultant based on INR component of the services
contract
• In the case of working equipment/facility, based on the country of Origin and
• In the case of general service cost, based on the criteria mentioned under 3.b)III
above
• Indian flag vessels in operation as on date
c) LC of EPC contracts given under Enclosure IV
I) LC of EPC contracts shall be ratio of the whole cost of domestic components in the
combination of goods and services to the whole combined cost of goods and services
II) The whole combined cost of goods and services shall be the cost spent to produce the
combination of goods and services, which is incurred on work site.LC of the combination of
goods and services shall be counted in every activity of the combination work of goods and
services
III) The spent cost as mentioned above(3.c.II) shall include production cost in the calculation of
LC of goods as mentioned in 3.a.I and service cost in the calculation of LC of services as
mentioned in clause 3.b.II
d) Determination of LC of the working equipment/facility shall be based on the following provision.
Working equipment produced in the country is valued as 100% local content and working
equipment produced abroad is valued as Nil Local Content (0%)
e) As regards cases where currency quoted by the bidder is other than INR, exchange rate
prevailing on the date of Tender (NIT) shall be considered for the calculation of LC
The onus of submission of appropriately certified documents lies with the bidder and purchaser shall
not have any liability to verify the contents & will not be responsible for same.
However, in case the procuring company has any reason to doubt the authenticity of the Local
Content, it reserves the right to obtain the complete back up calculations before award of work
failing which the bid shall be rejected.
MRPL Tender No. 3300007400 67 of 149

E) Failure of bidder in complying with the local content post award:
In case a bidder, who has specified in his bid that the bid meets the minimum Local Content specified in the
enquiry document fails to achieve the same the following actions shall be taken by the procuring company:
a. Pre-determined penalty @ 10% of total contract value.
b. Banning business with the supplier/contractor for a period of one year
To ensure the recovery of above pre-determined penalty, payment against dispatch/shipping document shall
be modified to the extent that the 10% payment out of this milestone payment shall be released after
completion of this milestone as well as submission of certification towards achievement of Local Content, as
per provision of enquiry document. Alternatively, this payment can be released against submission of
additional bank guarantee valid till completion schedule plus 3 months or as required by purchasing
company.
MRPL Tender No. 3300007400 68 of 149

Enclosure-II
CALCULATION OF LOCAL CONTENT – GOODS
Name of Manufacturer Calculation by manufacturer

Cost per one unit of product
Cost component Cost (Domestic Cost (Imported Cost % Domestic
component) component) Total component
a b Rs/US$ d=a/c
C=a+b
I. Direct material cost
II. Direct labour Cost
III. Factory overhead
IV. Total production cost
Note:
% LC Goods = Total cost (IV.c)–Total imported component cost (IV.b) X 100
Total Cost (IV.c)
% LC Goods = Total domestic component cost (IV.a) X 100

Total Cost (IV.c)
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Enclosure-III
CALCULATION OF LOCAL CONTENT – SERVICE
NAME OF SUPPLIER OF GOODS/PROVIDER OF SERVICE
Cost Summary
Imported LC
Domestic Total
Rs/US$ % Rs/US$
b c d e=b/d f=d x e
A Cost component
I. Material Rs
used cost US$
Rs
II. Personnel & US$
Consultant cost
Rs
III. Other US$
services cost
Rs
IV. Total cost US$
(I to lV)
B Taxes and Duties Rs

US$
C Total quoted price Rs

US$
Note:
% LC Service = Total cost (A. IV. d)–Total imported component cost (A. IV. c) X 100
Total Cost (A. IV. d)
% LC Service = Total domestic component cost (A. IV. b) X 100

Total Cost (A. IV. d)
MRPL Tender No. 3300007400 70 of 149

Enclosure-IV
CALCULATION OF LOCAL CONTENT –EPC (GOODS AND SERVICE)
A. COST COMPONENT
Cost Summary
(Rs/US$)
Domestic Imported Total LC
Rs/US$
% Rs/US$
b c d e=b/d f=d x e
I GOODS
1. Material used cost

2. Equipment cost
3. Sub Total I
II SERVICES
1. Personnel & Consultant
Cost
2. Equipment &
WorkFacility Cost
3. Construction/Fabrication
Cost
4. Other Services Cost etc
5. Sub Total lI
III. TOTAL COST GOODS
+ SERVICES
B. Non Cost Component
C. TOTAL QUOTED
PRICE
Note:
% LC Combination =
{Total domestic component cost of goods (AI3b) +Total domestic component cost of service (AII5b)} X 100
Total Cost (AIIId)
MRPL Tender No. 3300007400 71 of 149

Domestically Manufactured Electronic Items (DMEP)
Ministry of Electronics and IT (MeITy) has specified the preference to local content in Domestically
Manufactured Electronics Items as follows:
Electronic Items Local Content Purchase Preference

1. Desktop computers 45% 50%
2. Laptop personal computers 40% 50%
3. Tablet personal computers 45% 50%
4. Dot-matrix printers 55% 50%
5. Smart cards-contact type 65% 50%
6. Smart cards-contactless type 70% 50%
7. LED products 65% 50%
8. Biometric Access control/authentication 45% 50%
9. Biometric fingerprint sensors 45% 50%
10. Biometric Iris Sensors 45% 50%
11. Servers 40% 50%
Certification of Local Content For electronics goods
It is mandatory for the bidder should submit a certificate duly certified by a practicing cost
accountant/chartered account, in line with the said along with prescribed Form (enclosed) in the technical
bid, mentioning the location(s) at which local value addition is made. In case of companies, the certification
shall be from the statutory auditor or cost auditor for the company. In case the procurement value is <Rs
10Crores self-certification is acceptable.
The bidder claiming benefits of Purchase Preference on the above shall provide at least 2 sets of
data each under the following heads.
1. Domestic Bill of Materials

a) Sum of the costs of all the inputs which go into the product (including duties and taxes levied on procurement
of inputs except those for which credit/setoff can be taken) and which have not been imported directly or
through a domestic trader or a intermediary
b) Ex-factory price of product minus profit after tax minus sum of imported bill of material used (directly or
indireclty) as inputs in producing the product (including duties and taxes levied on procurement of inputs
except those for which credit/setoff can be taken) minus warranty costs
c) Market price minus post production freight, insurance and other handling cost minus profit after tax minus
warranty cost minus sum of imported bill of material used as inputs in producing the product(including duties
and taxes levied on procurement of inputs except those for which credit/setoff can be taken) minus sales and
marketing expenses
2. Total Bill of Materials

a) Sum of the costs of all the inputs which go into the product (including duties and taxes levied on procurement
of inputs except those for which credit/setoff can be taken)
b) Ex-factory price of product minus profit after tax, minus warranty costs
c) Market price minus post production freight, insurance and other handling cost minus profit after tax minus
warranty cost minus sales and marketing expenses.
The percentage domestic value addition shall be calculated as per the following formula,
% Domestic Value addition = Domestic Bill of Material/Total Bill of Material
MRPL Tender No. 3300007400 72 of 149

Public procurement (Preference to Make in India)-order 2017-Notfication on Cellular Mobile Phones.
In furtherance of above order, MeITy has added cellular Mobile Phones vide notification no 33(5)/2017-IPHW
dated 1/08/2018 and can be downloaded from http://dipp.nic.in/sites/default/files/Meity_dated_01082018.pdf
Public Procurement (Preference to Make in India) Order 2018 for Cyber Security Products
MeITy has issued notification viz File No 1 (10)/2017-CLSES dated 2/7/2018 to give purchase preference to
domestically manufactured /produced Cyber Security Products as per the above Order.
The definition of cyber security product, local supplier of domestically manufactured Cyber Security Products,
exclusions, Verifications etc are available under http://meity.gov.in/cyber-security
The local supplier at the time of bidding shall provide self-certification that the item offered meets the
definition of local supplier of domestically manufactured/ produced Cyber Security Products.
Certification authority for estimated values beyond Rs 10 Crores shall be statutory auditor or cost auditor of
the company (in case of companies).
In case of false declarations, provisions under clause-24-Instructions to Bidders of Section-1 of Tender
Document will apply. Complaints received against claims of a bidder regarding supply of domestically
manufactured Cyber Security Product shall be referred to STQC under MeITy.
For certification of local content in electronic goods shall be as per the circular F.No.33(1)/2017-IPHW issued
by Government of India Ministry of Electronics and Information Technology dated 14th September 2017,
which may be downloaded from http://meity.gov.in/esdm/ppo under “notification for electronics products
under public procurement order 2017”
Purchase Preference in case where Negotiation is also required:

In case purchase preference is applicable, but negotiation is to be conducted with L1 bidder, negotiation
shall be carried out MSE and/or LC-complied bidder shall be offered to match the negotiated prices (even if,
post negotiation, they are higher by more than 10% as compared to L1 bidder provided they were within 10%
of L1 bidder as per original quoted prices) and left out quantity, if any, as per provisions of enquiry document
shall be awarded to that bidder.
Note:
Relevant policy guidelines issued including modifications made from time by the concerned Ministry
in respect to Purchase Preference to Make in India, shall be applicable.
MRPL Tender No. 3300007400 73 of 149

SECTION-E
APPENDIXES
APPENDIX DESCRIPTION
I INTEGRITY PACT
II PROFORMA OF BANK GUARANTEE (EMD)
PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT / PERFORMANCE
III BOND
IV FORM OF AGREEMENT BY THE SUCCESSFUL BIDDER
V STATEMENT OF CREDENTIALS
VI VENDOR FORM FOR ELECTRONIC FUND TRANSFER PAYMENT AND TAX DETAILS
VII DECLARATION & UNDERTAKING BY MSEs / STARTUP COMPANIES
PRE-QUALIFICATION CRITERIA DETAILS – ANNUAL TURNOVER & NETWORTH
VIII DETAILS
PRE-QUALIFICATION CRITERIA DETAILS – DETAILS OF SIMILAR WORK
IX COMPLETED
X PRE-QUALIFICATION CRITERIA DETAILS – OTHER CRITERIA
XI PROFORMA OF DECLARATION OF BANNING / BLACK LISTING / HOLIDAY LISTING
XII UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR
XIII DECLARATION REGARDING RELATIONS WITH ANY OF THE MRPL DIRECTORS
XIV DEVIATION STATEMENT
XV CHECKLIST
XVI INDEX PAGE
XVII UNDERTAKING BY THE BIDDERS.
MRPL Tender No. 3300007400 74 of 149

APPENDIX –II
PROFORMA OF BANK GUARANTEE
(FOR EARNEST MONEY DEPOSIT AS APPLICABLE)

(On non-judicial paper of appropriate value)
1) In consideration of M/s Mangalore Refinery And Petrochemicals Ltd., registered under the
Companies Act, 1956, having its Registered Office at Kuthethoor P.O., Via Katipalla, Mangalore-575030,
hereinafter called “MRPL” which expression shall, unless repugnant to the context or contrary to the
meaning thereof, include its successors and assigns having invited / floated Tender
to_______________________________________________________Proprietorship / Partnership Firm
/ Company registered under the Indian Partnership Act, 1932 / the Companies Act, 1956, having its
office at___________________________________________________, (hereinafter called “the
Tenderer” which expression shall, unless repugnant to the context or contrary to the meaning thereof,
include its successors and assigns vide Tender No._____________ dated_______________
(hereinafter called “the Tender” which expression shall include any amendments / alterations to the
Tender by MRPL for the supply of goods to / execution of services for MRPL and MRPL having agreed
not to insist upon immediate payment of Earnest Money for the fulfillment and the performance of the
said Tender in terms thereof on production of an acceptable Bank Guarantee for an amount of
Rs.____________(Rupees_____________________only). We,______________ having office
at________________________………….. and Head Office at ……………………………………….
(hereinafter referred to as “The Bank” which expression shall, unless repugnant to the context or
contrary to the meaning thereof, include its successors and assigns at the request and on behalf of the
Tenderer hereby agree to pay to MRPL without any demur on first demand an amount not exceeding
Rs._______________(Rupees______________________only) against any loss or damage, costs,
charges and expenses caused to or suffered by MRPL by reason of non-performance and non-
fulfillment or for any breach on the part of the Tenderer of any of the terms and conditions of the said
Tender.
2) We___________further agree that MRPL shall be the Sole Judge whether the said Tenderer has
failed to perform or fulfill the said Tender in Terms thereof or committed breach of any of the terms and
conditions of the Tender and the extent of loss, damage, costs, charges and expenses suffered or
incurred or would be suffered or would be incurred by MRPL on account thereof.
3) We________Bank further agree that the amount demanded by MRPL as such shall be final and
binding on the Bank and the Bank undertake to pay to MRPL the amount so demanded on first demand
and without any demur notwithstanding any dispute raised by the Tenderer or any suit or other legal
proceedings including Arbitration pendings before any Court, Tribunal or Arbitrator relating thereto and
our liability under this guarantee being absolute and unconditional.
4) We,_______________Bank, further agree with MRPL that MRPL 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 Tender or extend time for the performance by the Tenderer from time
to time or to postpone for any time any of the powers exercisable by MRPL against the Tenderer and to
forbear to enfore any of the terms and conditions relating to the Tender and we shall not be relieved from
our liability by reason of any such variation or extension being granted to the Tenderer or for any
forbearance, act or omission on the part of MRPL or any indulgence by MRPL to the Tenderer or by
any such matter or things whatsoever which under the law relating to sureties would but for this provision
have the effect of relieving us.
5) NOTWITHSTANDING anything herein before contained, our liability under this guarantee is
restricted to Rs._________(Rupees________________________). Our liability under this guarantee
shall remain in force until expiration of 180* days from the date of opening of the said Tender. Unless a
demand or claim under this guarantee is made on us in writing within the said period, that is, on or
before____*___all rights of the Messers under the said guarantee shall be forfeited and we shall be
relieved and discharged from all liabilities thereunder.
MRPL Tender No. 3300007400 75 of 149

6) We,__________Bank, further undertake not to revoke this guarantee during its currency except with
the previous consent of MRPL in writing.
7)This guarantee shall not be affected by any change in the constitution of the Tenderer or the Bank or
MRPL and shall remain in full force and effect until the liabilities of the Bank are discharged by MRPL
IN WITNESS WHEREF the Bank has executed this document on this_________day

of__________2019.
For_________Bank
*Pl. mention/put specific date
MRPL Tender No. 3300007400 76 of 149

APPENDIX – III
PROFORMA OF BANK GUARANTEE FOR SECURITY

DEPOSIT/PERFORMANCE BOND
(To be executed ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)
Ref: Bank Guarantee No………………

Date……………
To:
M/s. Mangalore Refinery & Petrochemicals Ltd.,

Regd. Office: Kuthethur P.O
Katipalla
Mangalore 575 030
Dear Sir,
1. In consideration of Mangalore Refinery & Petrochemicals Ltd., having its Registered Office at
Kuthethur, Katipalla, Mangalore 575 030 (hereinafter referred to as the “Company” which
expression shall unless repugnant to the context or meaning thereof, include all its successors,
administrators, executors) and having entered into a contract dated ……………. (hereinafter called
the “Contract” which expression shall include all the amendments thereto) with M/S.
…………………………. ……………………………….. having its Head/Registered Office
at…………… ………………………………..(hereinafter referred to as the “Contractor” (which
expression unless repugnant to the context or meaning thereof, shall include all its successors,
administrators, executors and assigns) and the contract having been unequivocally accepted by the
contractor resulting in a contract bearing No. ………………. dated…… …………. Valued at for
…………………………… (scope of work) ………………….. and the Company having agreed that
the Contractor shall furnish to the Company a performance guarantee for the faithful performance of
the entire contract to the extent of …….. % of the contract price, i.e. Rs……………… (in word) we
……………….. (bank)…………………….. having its 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 assigns) do hereby guarantee and undertake to pay on
demand to the Company any money or all moneys to the extent of Rs…………. ……. (Rupees
……………………………………………) in aggregate at any time without any demur, reservation,
recourse, contest or protest and/or without any reference to the Contractor. Any such demand
made, by the Company on the Bank shall be conclusive and binding notwithstanding any difference
between the Company and the Contractor or any dispute pending before any Court, Tribunal,
Arbitrator or any other authority. We agree that Guarantee herein contained shall be irrevocable
and shall continue to be enforceable till it is discharged by the Company in writing.
2. The Company shall have the fullest liberty, without affecting in any way the liability of the Bank
under this Guarantee from time to time, to extend the time for performance of the contract by the
Contractor, or vary the terms of the Contract. The Company shall have the fullest liberty without
affecting this Guarantee to postpone, from time to time, the exercise of power vested in them or of
any right which they might have against the Contractor any to exercise the same at any time in any
manner and either to enforce, or to forbear from enforce, any covenants contained or implied in the
contract between the Company and the Contractor or any other course or remedy or security
available to the Company. The Bank shall not be released of its obligations under these presents
by any exercise by the Company of its liberty with reference to matters aforesaid or any of them or
by reason of any other act or forbearance of other act or forbearance of other acts of Company or
any other indulgence shown by the Company or by any other matter of thing whatsoever, which
under law would, but for this provision, have the effect of relieving the Bank.
MRPL Tender No. 3300007400 77 of 149

3. The Bank also agrees that the Company at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance, without proceeding against the
Contractor and notwithstanding any security or other guarantee that Company may have in relation
to the Contractor’s liabilities.
4. The Bank further agrees that the guarantee herein contained shall remain in full force during the
period that is taken for the performance of the contract and it shall continue to be enforceable till all
the dues of the Company under or by virtue of this contract have been fully paid and claim satisfied
or discharged or till the Company discharges the Guarantee in writing.
5. We further agree that as between us and Company for the purpose of this Guarantee any notice
given to us by the Company and any amount claimed in such notice by the Company that the
money is payable by the Contractor and any amount claimed in such notice by the company shall
be conclusive and binding on us notwithstanding any difference between the Company and the
Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We
further agree that this Guarantee shall not be affected by any change in our Constitution or that of
the Contractor. We also undertake not to revoke this Guarantee during its currency.
6. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to
Rs……………………. (Rupees …………………………………………………………..) I aggregate
and it shall remain in full force upto and including sixty days after ………………….. unless
extended further, from time to time, for such period as may be instructed in writing by
M/S…………………………………………………. on whose behalf this Guarantee has been given, in
which case it shall remain in full force upon and including 60 days after extended date. Any claim
under this Guarantee must be received by us before the expiry of the 60 days from
………………………. or before the expiry of the 60 days from the extended date. If no such claim
has been received by us within the sixty days has been received by us within the sixty days after
the said date/extended date, the Company’s right under this guarantee will cease. However, if such
a claim has been received by us within and upto sixty days after the said date/extended date, all the
Company’s rights under this Guarantee shall be valid and shall not cease until we have satisfied
that claim.
Dated this …………………. Day of …………………20….
WITNESS:
________________________ ________________________
(SIGNATURE) (SIGNATURE)
________________________ ________________________
(NAME) (NAME)
______________________ ________________________
(OFFICIALADDRESS) (Designation with Bank Stamp)
________________________ Attorney as per power of
Attorney No………………………
Dated:……………………………..
MRPL Tender No. 3300007400 78 of 149

APPENDIX -IV
FORM OF AGREEMENT BY THE SUCCESSFUL BIDDER
ON NON JUDICIAL STAMP PAPER OF RS.100/-PERFORMANCE GUARANTEE
SUB: CONTRACT/WORK ORDER NO:
DATED:
We the contractors hereby agree undertake to faithfully observe and comply 'with the following during the
performance of the contract.
1 We shall
a) Deploy trained and competent employees who are physically fit and arc not suffering from any chronic or
contagious disease
b) Be responsible for and arrange and bear costs of such equipments cleaning materials, uniforms and
other paraphernalia necessary to render; effectively the services required by the Company.
c) Be responsible and liable for payment of salaries wages and other legal dues of our employees for the
purpose of rendering the services required by the Company under the above contract and shall maintain
proper books of accounts, records and documents. We shall however, as at employer, have the
exclusive right to terminate the service of any of our employees and to substitute any person instead.
d) Comply in all respects with the provision of all statutes, rules and regulations applicable to us and /or to
our employees and in particular we shall obtain the requisite license under the contract labour
(Regulation & abolition) Act, 1970 and the rules made thereunder.
e) Ensure that our Employees while on the premises of the company or while carrying out their obligations
under the contract, observe the standards of cleanliness, decorum safety and general discipline laid
down by the company or its authorised agents and the company shall be sole judge as to whether or not
we and / or our employees have observed the same.
f) Personally and exclusively employ sufficient supervisory personnel exclusively to supervise the work of
our employees so as to ensure that the services rendered under this contract are carried out the
satisfaction of the company.
g) Ensure that our employees will not enter or remain on the company's premises unless absolutely
necessary for fulfilling our obligations under the contract.
h) Not do or suffer to be done in or about the premises of the company anything whatsoever which in the
opinion of the company may be or become a nuisance or annoyance or danger or which may adversely
affect the property, reputation or interest of the company.
i) Not do or suffer to be done in or about the premises of the company anything whereby any policy of
insurance taken out by the company against loss or damage or otherwise may become void or
avoidable.
j) Be liable for and make good any damage caused to the company 's properties or premises of any part
thereof or to any fixtures or fittings or fitting thereof or therein by any act, omission, default or negligence
on our part or on the part of our employees of our agents.
k) Indemnify and keep indemnified the company, its officers and employees from and against all claims,
demands, actions suits and Proceedings whatsoever that may be brought or made against the company
by or / on behalf of any person, body authority whomsoever and whatsoever and all duties, penalties,
levies, taxes, losses, damages, costs, charges and expenses and all other liabilities of whatsoever
nature which the company may now or hereafter be liable to pay, incur or sustain by virtue of or as result
of the performance or non-performance or observance or non-observance by us of any of the terms and
conditions of the contract, without prejudice to the companys other rights, the company will be entitled to
deduct from any compensation or other dues payable to us the amount payable the company as a
consequence of any such claims, demands costs, charges and expanses. The company shall not be
responsible for death, injury or accidents to our employees which may arise out of or in the course of
their duties on or about the company’s property and premises and in the event that the company is made
liable to pay and damage or compensation in respect of such employees, we hereby agree to pay to the
company such damages or compensation upon demand. The company shall also not responsible or
liable for any theft loss, damages, or destruction of any property that belongs to us or our employees
lying in the company premises from any cause whatsoever.
l) It is hereby declared that we are, for the purposes of these contract independent contractors and all
persons employed/ engaged by us for our obligations under the contract shall be our employees and not
of the company. On the expiration of the contract or any earlier determination thereof we shall forthwith
MRPL Tender No. 3300007400 79 of 149
remove our employees who are in the company’s premises or any part of thereof failing which our
employees, agents, savants, etc. shall be deemed to be trespassers and on their failure to leave the
company’s premises, the company shall be entitled to remove all persons concerned (if necessary by
use of force) from the company premises and also to prevent them (if necessary by use of force) from
entering upon the company’s premises.
We hereby undertake and declare that, in the event the workmen/ employees / persons / engaged (the
contractors employees) to carry out the purposes thereof, attempt to claim employment with the
company or attempt to be declared as employees of the company or attempt to become so placed,
therein all such cases, we shall assist the company in defending all such attempts of the contractors
employees AND we shall bear any pay solely and absolutely all costs, charges and expenses including
legal charges incurred in which may incurred in defending all such attempts and in any appeal or aspects
filed by the company therein or relating thereto AND we hereby indemnify forever the company against
all such costs, charges and expenses including legal charges and against all any losses, expense all
damages, whether recurring or not, financial or otherwise caused to or incurred by the company as a
result of such attempt by the Contractor’s employees.
It is hereby agreed that the company shall be entitled to setoff any debit or sum payable by us either
directly or as a result of various facility to the company against any monies payable or due from the
company to us or against any monies laying or remaining with the company and belonging to us or any
of our partners or directors.
To be witnessed by Notary or Contractor signature
By an official of MRPL Authorised Attorney
MRPL Tender No. 3300007400 80 of 149

APPENDIX - V
STATEMENT OF CREDENTIALS
Tenderers should fill their technical offer by providing all information as follows (If not applicable- Please
mention as ‘N/A’) ;
SI No Particulars Details
1 Name of the Firm
2 Nature of the Firm
(State whether Limited Company, partnership Firm, Co-
op. Society or Sole Proprietor, Photocopies of
documents Confirming constitution of the firm to be
Enclosed)
3 Year of Establishment
4 Registration Number, if any
5 Registered Postal Address
6 Telegraphic Address, if any

7 Telephone No. (s)
8 Fax No. (s), if any
9 E-mail ID, if any
10 Address of Branches, if any
11 Name of Directors/ partners / Proprietor ( as The case
may be) with address & Telephone No.(s).
12 Permanent Income Tax No.
13 Last Income Tax Clearance (Attach Photocopy)

14 Name of Bankers & Branch with full address
15 Type of Account & A/C No.
16 Name (s) of Authorised Representatives (s)
Note : Power of Attorney signed by the Director(s)/
Partners / Proprietor in favour of the authorized Person
signing the tender documents must be enclosed.
17 Type of job in which engaged as independent

manufacturer . contractor
18 Maximum value of the Job the
Contractor/ manufacturer is capable of
Handling per year. ( Furnish details of your Financial
standing together with the Bank References and
necessary Solvency certificate From their banker
(Nationalised) as per Bank’s Format).
19 Were you associated with MRPL in any Other contract in
the past
20 Are you currently having any contract with MRPL
21 Are you on the approved list of other Oil Cos/ Public
Sector Undertakings / govt. Dept. Etc. If so, furnish true
copies of Certificates certifying your performance
22 Please confirm that you have qualified/ trained /
experienced staff on your payroll to handle this job
23 Furnish Audited Balance sheet for last 3 Years ending
previous finanicial year
24 Details of technical collaboration. Please provide
Documentary support ( Xerox copies ) if any and the
brief experience of the parties
25 Confirmed that Bank Guarantee for acceptance of the
MRPL Tender No. 3300007400 81 of 149
Security Deposit as per tender will be provided

26 Brief Description of the job methodology/Quality
Assurance :
27 Details of Testing methods and equipments that will be
made available
28 Details of your Past Experience in the country (India) in
this nature of job.
29 Whether the bidder is put on Holiday list of any of the
PSU. (If sought later, an affidavit to be produced later to
MRPL.)
Bidder shall provide details in the below format, of at least one Authorised Contact person in Bidder’s
organization with whom MRPL may correspond on the matter for seeking any clarifications:
1 Primary Contact Details of the Bidder

Name
Designation
Landline Nos.
Cell Phone nos.
Email IDs
2 Alternate Contact Details of the Bidder
Name
Designation
Landline Nos.
Cell Phone nos.
Email IDs
Note: The Bidder to fill up the above and enclose along with Technical Bid.
Authorized Signatory
(With Company Seal & Signature)
MRPL Tender No. 3300007400 82 of 149

APPENDIX-VI
VENDOR FORM FOR ELECTRONIC FUNDS TRANSFER PAYMENT & TAX DETAILS
Please use additional copies of this form if your Company has additional Branches/ Divisions
dealing with MRPL/ if Material/ Service/ Invoice will be provided from different GST Nos.
Vendor data – ver-8

To: GGM– Materials
Mangalore Refinery & Petrochemicals Ltd.,Kuthethoor P.O., via Katipalla,
Mangalore. (Karnataka), Pin Code-575030, INDIA
The following is a confirmation/ updation of our bank account details and I/we hereby affirm our choice to opt
for payment of amounts due to us under various contracts through electronic mode.
1. Vendor/ Contractor particulars:
(i) Name of the Company:
(ii) Corporate Identity No. (CIN)
(iii) Existing Vendor Code (given by MRPL)
(iv) Complete Postal Address:
(v) Pin code/ ZIP code:

(vi) Telephone nos. (with country/area
codes):
(vii) Fax No.: (with country/area codes):
(viii) Cell phone Nos.:
(ix) Contact persons /Designation:
(x) Email IDs:
2.Bank Account Particulars:
(i) Name of the Account holder:
(ii) Complete Bank Account No. (for
Electronic Funds Transfer):
(iii) Account type :
(iv) Bank Name :
(v) Bank Branch:
(vi) Bank Branch Contact Nos.:
(vii) 11 Digit IFS Code (for Bank Branches in
India)
(viii) Swift Code (for Bank Branches not in
India)
3. Tax Registration numbers: *(Please fill in the applicable fields and attach relevant proofs)
(i) Income Tax PAN no.:
(ii) Vendor type as per GST Act (tick any Registered Not Registered Compounding
one) SEZ
(iii) GST No.:

(iv) Registered address as per GST No.
(v) Contact Names, Nos.& email IDs for GST matters (Please mention primary and secondary contacts):
Accounts Deptt. 1.
2.
Material Dispatch Deptt./ Services Deptt. 1.
2.
(vi) Are you registered under TreDS No/Yes with RXIL/ A-TREDS/M1xchange 10 digit Reg No-
MRPL Tender No. 3300007400 83 of 149

4. Organization information (MSMEs refer to Micro, Small and Medium Enterprises Development
Act, 2006):
(i) Company /Partnership Firm /Proprietary Concern / Society/Trust /NGO/Others (Please Specify):
(ii) Whether Proprietor/ Partner belongs to SC/ ST category. (Please
specify names and percentage of shares held by SC/ST Partners):
(iii) Micro/Small / Medium Enterprise/ SSI/ Govt. Deptt./ PSU/
Others:
(iv) Name of MSME Registering Body (NSIC/ DIC/ KVIC/KVIB
etc.):
(v) MSME Registration no. (with copy of registration)
(vi) Udyog Aadhaar Memorandum no.
(vii) MSME-Women Entrepreneur No/Yes
(viii) Start-Up recognized by DIPP, Ministry of Commerce, Govt No/Yes, copy of certificate from DIPP
of India attached
I/we hereby confirm that the particulars given above are correct and complete and also undertake
to advise any future changes to the above details.
Name, Seal & Signature of Authorized Signatory for the Vendor with date
TO BE FILLED BY AUTHORISED BANKER OF THE VENDOR:
Certified that the Particulars as in Sr. No. 2 above are correct as per our records
__________________________
Bank Seal & Signature with date
MRPL Tender No. 3300007400 84 of 149

APPENDIX –VII
(To be in the Company letter head)

Date: …………………
DECLARATION & UNDERTAKING BY MICRO & SMALL SCALE ENTERPRISES / STARTUP

COMPANIES/ ENTITIES SEEKING PURCHASE PREFERENCE UNDER MAKE IN INDIA
POLICY/WOMEN ENTREPRENEURS/REGN WITH TReDS/GeM
Sl. Particulars Details
Is your organization Proprietary / Partnership / Private
1 Limited Companies / Public Limited Company / Others …………………………………
 Micro
Does your organization belong to Micro / Small / Medium
 Small Scale
scale Industry / Start-ups/ others
 Medium
2 (Please tick mark appropriate box. If bidder is Startup & MSE,
 Startup Company
then please tick mark both)
 Others
 Manufacturer of items quoted
Whether Manufacturer for the tendered items (supply) /
 Service Provider for services
Service Provider for the tendered services as per MSE
3  Trader/reseller/authorized agent/
certification.
distributor
(Please tick mark the appropriate)
 Non MSE Bidder
 Yes
In case you belong to Micro / Small/Medium Scale
 No
Enterprises whether you are registered under SC / ST
4 if yes,
Category
 SC
(Please tick mark the appropriate)
 ST
 Yes
5 Is your firm/Organization owned by Women Entrepreneurs
 No
 No
Are your registered under TReDS (Trade Receivable  Yes, RXIL/A-Treds/M1Xchange
6 electronic Discounting System approved by RBI)- Applicable  Registration Number-
for Micro, Small and Medium Enterprises (tick agency with whom you are
registered along with registration No)
In case you are both a valid MSE bidder-PP Policy2012 and

 MSE PP Policy 2012
7 you are also meeting the Local Content (Make in India
 Make in India Policy
Policy), please give your preference. Please tick any one.
In case you are claiming benefits under Purchase Preference

 Yes, Local Content _______ %
(Make in India Policy), whether you are meeting the minimum
8
local content as mentioned in the tender
 Not applicable for this tender
document/concerned Ministry guidelines/ Policy.
Has your firm/organization registered your items/services in  Yes

9
Government e-Marketplace (GeM)  No
Note on Point no 7: Supporting documents under prescribed policy is enclosed. I have also attached
necessary calculations for justifying local content for specified items and duly certified by competent
agency as per relevant policy & liable for its authenticity
MRPL Tender No. 3300007400 85 of 149
A) CATEGORISATION OF MSE/SC-ST VENDORS
1. In case of Micro/Small/Medium scale Enterprises, kindly attach Registration Certificate issued by

DIC/KVIC/KVIB/Coir Board/NSIC/Directorate of Handicrafts and Handlooms, or any other body
specified by MSME for authentication such as Udyog Aadhaar Memorandum/Acknowledgment.
2. SC/ST entrepreneurs registered under MSEs need to submit valid documentary evidence.
B) ELIGIBILITY AND RECOGNITION OF START-UP COMPANIES

Bidder who intends to participate as “Start-up’’ company should fulfil all the conditions of Start-Up as
directed by Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce & Industry,
Govt. of Indiaand his eligibility shall be valid as on bid closing date. He shall also enclose the
Certificate of Recognition issued by DIPP.
C) DECLARATION IN CASE OF MSE BIDDERS/ START-UP COMPANIES

In terms of Tender Conditions applicable for Micro & Small Enterprises (MSEs)/ Startups, we hereby
declare as under-
a) We are a Micro / Small Enterprise, as on bid closing date of this tender.
b) We are a Manufacturerof the quoted supply item(s)/service provider for quoted services and
valid documentary evidence for same is submitted.
c) MSE certificate submitted by us is authentic & valid as on bid closing date of this tender.
d) We are a “Start-up’’ company and we are meeting all conditions and therefore eligible as Start-
up company as on the date of tender bid closing. We are also enclosing copy of certificate of
recognition issued by Department of Industrial Policy and Promotion, Ministry of Commerce &
Industry, Govt. of India.
D) DECLARATION IN CASEOF ENTITIES SEEKING PURCHASE PREFERENCE UNDER MAKE IN

INDIA POLICY
We have read carefully the terms and conditions for availing the benefits of PP Make in India Policy
and we are meeting all the requirements of Local Content and duly certified documents for proving the
stipulated local content as mentioned in this document is enclosed.
We declare the above details are true. In case any of the details are found to be false/untrue, our offer
will be liable for rejection /cancellation of order/ and/ or subjected to appropriate penal actions /
including Holiday Listing as per tender Terms & Conditions.
Authorized Signatory
(With Company Seal & Signature)
MRPL Tender No. 3300007400 86 of 149

APPENDIX –VIII
PRE QUALIFICATION CRITERIA DETAILS
ANNUAL TURNOVER DETAILS and NETWORTH DETAILS
Bidder shall indicate herein his annual turnover during the following 3 years based on the audited
balance sheet/profit and loss account statement.
SI No Financial Year Annual Turnover (in Rs)

1 2016-17
2 2017-18
3 2018-19
Average Annual Turn Over during the above three financial years.: Rs._________
NETWORTH DETAILS
Amount (in Rs)

SI No Description
Net worth as per last audited

1
Financial statement
(Please highlight the above indicated values in the supporting documents for easy reference)
NOTE:
Copies of audited balance sheets with Profit & Loss account statement for last 3 years and Net worth
Certificate certified by Chartered Accountant shall be submitted along with the offer.
Signature of the bidder with stamp shall be affixed
MRPL Tender No. 3300007400 87 of 149

APPENDIX –IX
DETAILS OF SIMILAR COMPLETED WORK
Furnished below are the details required for meeting the qualifying requirements/ prior experience criteria;
SI Details of Name & WO No & Contract Completed Completion Remarks

No Work Address of Date value (in Value (in Period / if any
Executed Client Rs) Rs) date
Note: Please attached supporting documents in the form of work order(s) with Proof of completion /
Satisfactory completion / execution / experience certificate issued by the client.
MRPL Tender No. 3300007400 88 of 149

APPENDIX –X
OTHER CRITERIA
Furnished below are the details required for meeting the PQC - other criteria;
SI No Other criteria (Pre-Qualification) Compliance

a Bidder has to quote for all items as per price bid and this is to be
confirmed in the format provided along with the technical bid Yes / No
b Experience of only the Bidding Entity shall be considered (In-

house experience where for the past experience referred for
qualification, the contractor and the Owner belonging to the Yes / No
same organization shall not be considered as a valid experience
for the purpose of qualification)
c The bidder should not be under a black-list/ holiday list of any

state/central government department or undertaking (including Yes / Not Applicable
PSUs).
Bidder shall give a declaration to this effect. (If Not Applicable, Please
submit the declaration)
d Consortium bids  Consortium bids

(Please tick mark the applicable)  Not Applicable
e Any other Criteria as applicable to the tender
MRPL Tender No. 3300007400 89 of 149

APPENDIX - XI
PROFORMA OF DECLARATION OF BANNING / BLACK LISTING / HOLIDAY LISTING
A. In the case of a Proprietary Concern :
I hereby declare that neither I in my personal name or in the name of my Proprietary concern,
M/s…………………………………….., submitting the Bid / Tender nor any other concern in which I am
Proprietor nor any partnership firm in which I am involved as a Managing partner have been been placed on
blacklist or holiday list declared by any Government Department / Quasi-Government / Public Sector
Undertaking or its Administrative Ministry (presently the Ministry of Petroleum & Natural Gas) / Regulatory
authorities except as indicated below:
(Here give particulars of banning or blacklisting or holiday listing and in the absence thereof state “NIL”)
B. In the case of a Partnership Firm :
We hereby declare that neither we, M/s…………………………………….., submitting the Bid / Tender nor any
partner involved in the management of the said firm either in his individual capacity or as proprietor or
managing partner of any firm or concern have or has been placed on blacklist or holiday list declared by any
Government Department / Quasi-Government / Public Sector Undertaking or its Administrative Ministry
(presently the Ministry of Petroleum & Natural Gas)/ Regulatory Authorities except as indicated below:
C. In the case of a Company :
We hereby declare that we have not been placed on any holiday list or black list declared by any
Government Department / Quasi-Government / Public Sector Undertaking or its Administrative Ministry
(presently the Ministry of Petroleum & Natural Gas) / Regulatory authorities except as indicated below:
Any false information will be liable for rejection of bid, severe action like Forfeiture of EMD, Cancellation of
the Order, Forfeiture of Security deposit including Black listing of the Bidder Company in all ONGC /MRPL
establishments.
Place : Signature of Bidder :
Date : Name of Signatory :
MRPL Tender No. 3300007400 90 of 149

APPENDIX - XII
UNDERTAKING FOR NON-ENGAGEMENT OF CHILD LABOUR
I/We hereby declare that:

I. We are committed to elimination of child labour in all its forms.
II. Neither we nor any of our nominated sub-contractor(s) are engaging Child Labour in any of our
work(s) in terms of the provisions of The Child Labour (Prohibition and Regulation) Act, 1986 and
other applicable laws.
III. We as well as our nominated sub-contractor(s) undertake to fully comply with provisions of The
Child Labour (Prohibition and Regulation) Act, 1986 and other applicable labour laws, in case the
work is awarded to us.
IV. It is understood that if I/We, either before award or during execution of Contract, commit a
transgression through a violation of Article b/c above or in any other form, such as to put my/our
reliability or credibility in question, the Owner is entitled to disqualify us from the Tender process or
terminate the Contract, if already executed or exclude me/us from future contract award processes.
The imposition and duration of the exclusion will be determined by the severity of transgression and
determined by the Owner. Such exclusion may be for a period of 1 year to 3 years as per the
procedure prescribed in the guidelines for holiday listing of the Owner.
V. I/We accept and undertake to respect and uphold the Owner’s absolute right to resort to and impose
such exclusion.
MRPL Tender No. 3300007400 91 of 149

APPENDIX –XIII
DECLARATION REGARDING RELATIONS WITH ANY OF THE MRPL DIRECTORS
The bidder shall declare the following information in exhaustive details on his company’s letter head with the
document duly signed and stamped;-
b) Where the Proprietor is a Sole proprietor – Yes / No

Whether the proprietor is a Director or any relative of Director of MRPL present or retired within past 2
years.
ii) Where the Tenderer is a firm – Yes / No

Whether any partner or member of the firm is a Director or a relative of any Director of MRPL, present or
retired, within last two years.
iii) Where the Tenderer is a Company – Yes / No

Whether a Director (present or retired within the past two years) of MRPL or relative of such Director is a
substantial member holding more than 10% (ten percent) of the paid up capital in the Company, or a
Director of the Company.
MRPL Tender No. 3300007400 92 of 149

APPENDIX –XIV
DEVIATION STATEMENT
I. Technical Deviations
SL. Tender Clause No Description of clause Deviation taken by the bidder

No document Page
No
II. Commercial Deviations
SL. Tender Clause No Description of clause Deviation taken by the bidder

No document Page
No
Note:
1. Bidder to note this Annexure has been included in the bidding document solely for the convenience of
the bidder so as to facilitate them to list out the deviations / exceptions both of technical and commercial
nature from / to the bidding document. Owner will not recognise any deviation(s)/ exception(s)
which are not listed in this format
2. Any remarks / comments to any clause may also be submitted in the above performa.
3. Any Deviation taken or noted elsewhere in the submitted bid will not be considered and MRPL will not
be responsible for the same
4. In case of “No deviation” Bidder to write ‘NIL’ & sign.
5. If the above table is left blank (unfilled), it will be construed that the bidder have not taken any deviation
to this tender
Seal & Sign of the Bidder:
MRPL Tender No. 3300007400 93 of 149

APPENDIX - XV
CHECK LIST FOR SUBMISSION OF OFFER
Bidders are requested to submit / upload scanned copy of this check list. It shall also be ensured
that all the details and the relevant documents mentioned below must be submitted / uploaded on e-
tender portal.
Tender No: _____________________________________________________________________
Name of the Bidder: _____________________________________________________________
MRPL Vendor Code (If Available):_________________________________________________
Address for Correspondence: ______________________________________________________
______________________________________________________________________________________
__________________________________________________________________________
Telephone No.: _________________________________________________________________
Mobile No.: _____________________________________________________________________
Fax No.: ________________________________________________________________________ Email
Address:__________________________________________________________________
(In case of any change in the above details, same may please be communicated to this office)
SI DESCRIPTION DETAILS
No
1 Earnest Money deposit (EMD) details, if submitted
in the form of DD / Bank Guarantee (BG). DD No:__________________________
The Scanned copy of the DD/BG shall be
BG No:__________________________
uploaded in EPS (as applicable)
Dated:__________________________
Amount: ________________________
Validity:_________________________
Name & Address of Issuing
bank:___________________________
________________________________
2 Registered under Micro or Small Enterprise
development Act 2006 and claiming exemption Yes / No
from payment of EMD ?
If yes, copy of NSIC/ DIC / UAM registration Submitted/Not Submitted/Not Applicable
certificate uploaded ?
3 Registered as Startup company with DIPP and
claiming exemption from payment of EMD ? Yes / No
If Yes, copy of Startup certificate (DIPP) uploaded
? Submitted/Not Submitted/Not Applicable
4 Confirm validity of offer as per NIT Yes / No
If No, Valid up to: __________________
5 Information / details of the bidder as per proforma Submitted / Not Submitted

……………..
6 Vendor form for electronic funds transfer payment & Submitted / Not Submitted
tax details
7 Power of Attorney or other proof of authority, in
MRPL Tender No. 3300007400 94 of 149
favour of person who has signed the Tender Submitted/Not Submitted/Not Applicable
8 Partnership Deed / Memorandum of Association /
Articles of Association / Certificate of incorporation Submitted/Not Submitted/Not Applicable
/ Memorandum of understanding (as applicable)
Please mention:_____________________
9 Annual turnover Details of previous three

Financial years Submitted Yes / No
10 NetWorth of the bidder as per latest audited

financial result. Networth : Rs_______________________
Yes / No
Relevant document Submitted
11 Details of Single Order Value along with Order

Copies, Completion details as per tender Prior Yes / No
Experience Criteria Submitted
12 Details and documents w.r.t. Other criteria as per

PQC submitted Yes / No
13 Income Tax Pan No Submitted / Not submitted / Not Available
Pan No:____________________________
14 GSTIN (GST Identification No.) Submitted / Not submitted / Not Available
GSTIN:____________________________
15 Employees Provident Fund Registration Submitted / Not Submitted / Not available
Certificate PF Code No:________________________
16 If EPF Registration is not available, duly
acknowledged (by the EPF Authorities) copy of
application or undertaking on Bidder’s Company Submitted / Not Submitted / Not applicable
letterhead for obtaining the same in case of award
of contract
17 ESI obtained from the Competent Authority Submitted / Not Submitted / Not available
ESI No:________________________
18 If ESI No is not available, duly acknowledged (by Submitted / Not Submitted / Not Applicable
ESI Authority) copy of application or undertaking
on Bidder’s Company letterhead for obtaining the
same in case of award of contract
19 Integrity pact Submitted / Not Submitted / Not Applicable
20 Declaration of banning / black listing / holiday listing Submitted / Not Submitted
as per proforma attached
21 Undertaking for non-Engagement of Child Labours Submitted / Not Submitted
as per proforma attached
22 Declaration regarding relations with any of the Submitted / Not Submitted
MRPL directors as per proforma attached
23 Sealed and signed Undertaking by the Bidder – Submitted / Not submitted
Appendix –XVII to be submitted in company’s
letter head.
24 Confirm that quoted for Complete Scope of Work,
Supply, Services, Composite Works as per the Yes / No
terms & Conditions of Subject tender
MRPL Tender No. 3300007400 95 of 149

25 Confirm that Quoted as per price bid Format Yes / No
26 Confirm that applicable GST is mentioned in Yes / no

Technical As well as Price bid
27 Confirm that applicable Service Tariff code / HSN Yes / no
Mentioned
MRPL Tender No. 3300007400 96 of 149

APPENDIX –XVI
INDEX:
Bidder shall make an Index page as per the below proforma, serially number all the pages and submit
the technical bid ;
SI No Description Page Nos.

1 Information about the Bidder
2 Vendor form for electronic funds transfer payment & tax details
3 Power of Attorney
4 EMD document
5 GST Registration
6 Declaration & undertaking by micro & small scale enterprises / startup
companies
7 Annual turnover documents (Vendor(s) audited balance Sheets and
Profit & Loss Accounts for last three financial years shall be submitted)
8 Networth details/documents
9 Latest Income Tax Clearance
10 Details of similar completed work (Order copies along with proof of
completion shall be submitted)
11 Compliance to PQC - Other criteria
12 Integrity pact (if applicable)
13 Declaration of banning / black listing / holiday listing
14 Undertaking for Non-engagement of Child Labour
15 Declaration regarding relations with any of the MRPL directors
16 PF & ESI Details, Other Statutory documents
17 Deviation statement
18 Undertaking by the bidder
19 Technical writeup (if any)
20 Any other Documents
21 Signed & Sealed copy of undertaking by the bidder in his company’s
letter head as per Appendix XVII.
22 Price bid format with the indication as ‘quoted’ but without the price.
MRPL Tender No. 3300007400 97 of 149

APPENDIX –XVII
UNDERTAKING BY THE BIDDERS
(in letter head)
Tender No: _____________________________________________________
Name of the Work: _____________________________________________________
We _________________________________________(Name of the Tenderer) hereby certify that

we have fully read and thoroughly understood all the tender requirements and accept all terms and
conditions of the tender including all corrigendum / addendum / clarification issued, if any. Our offer
is in confirmation to all the terms and conditions of the tender including all corrigendum /
addendum / clarification, if any and minutes of the pre-bid meeting. In the event our offer is found
acceptable and contract is awarded to us, the complete tender document shall be considered for
constitution of Contract Agreement.
We confirm that we have quoted the rates in the tender considering inter-alia the
1) Tender Document(s)
2) Scope of Work / Special Conditions of Contract
3) Safety Policy
4) Pre-bid meeting Minutes (if any)
5) SOR / Price bid format
6) Corrigendum / Addendum/ Clarification (if any)
Note: This declaration should be signed by the Tenderer’s authorised representative on Company
Letterhead who is signing the Bid and Scanned copy to be uploaded.
MRPL Tender No. 3300007400 98 of 149

SECTION-F
SCOPE OF
WORK/SCC
MRPL Tender No. 3300007400 99 of 149

MRPL Tender No. 3300007400 100 of 149

MRPL Tender No. 3300007400 101 of 149

MRPL Tender No. 3300007400 102 of 149

MRPL Tender No. 3300007400 103 of 149

MRPL Tender No. 3300007400 104 of 149

MRPL Tender No. 3300007400 105 of 149

MRPL Tender No. 3300007400 106 of 149

MRPL Tender No. 3300007400 107 of 149

SECTION -G
PRICEBID FORMAT/SOR
ONLINE MONITORING OF HCU-1 SHUTDOWN DURING APRIL MAY 2020
(To be attached with Technical bid under unprice bid)
(Rates to be quoted in e-Procurement system only)
Approxi
Sl Service RATE IN
Description of the Items UOM mate
No. Code INR
Qty
SOFTWRE FOR ONLINE MONITORING (To be quoted
1 1033576 DAY 30
OF SHUTDOWN in EPS only)
DEVICE RENTAL PER DAY PER DEVICE (To be quoted
2 1033577 DAY 450
in EPS only)
SITE MANAGER SUPPORT CHARGES MAN- (To be quoted
3 1033578 40
DAY in EPS only)
SITE EXECUTIVE SUPPORT CHARGES MAN- (To be quoted
4 1033579 40
DAY in EPS only)
GST % 18
TOTAL CONTRACT VALUE
All above item rates are to be quoted in EPS. Bidders should quote both unit rate and GST in EPS.
Note:
1. Quoted rates shall be inclusive of Supervisory charges, overhead, day to day expenses and
Miscellaneous expenses, Group terms Life Insurance Cover (Rs. 10.00 lakhs), expense of
annual medical check ups for the resources, it also includes all the taxes, duties, charges
towards tools & tackles, consumables, all other expenses etc. towards satisfactory
completion of the work, except Good and Service Tax (GST) which shall be payable extra at
actuals.
2. GST shall be extra at actuals to MRPL Account. Bidder shall confirm the applicable Service
Tariff Code SAC/HSN as per GST.
3. Rates shall remain firm and fixed till execution of the entire contract.
4. All expenditure related to the scope of work to be included in the quote.
5. The quantity indicated above is tentative only. However, during execution the quantity may
vary based on site conditions and payment will be made at actual subject to overall ceiling
on contract value.
6. Bidders shall clearly mention in the Technical Bid, the various applicable taxes and their
rates considered, to be paid by MRPL (without mentioning the actual tax amount).
7. The Price Bid shall clearly mention the applicable tax rates and the tax amounts to be paid
by MRPL. Rates of Goods and Services tax should be indicated in terms of percentage on
technical bid. The rate of GST on percentage and amount shall clearly mention in the Price
Bid.
MRPL Tender No. 3300007400 108 of 149

8. Any new or additional taxes / duties/ cess and any increase in the existing taxes / duties /
cess imposed after bid submission date, shall be to MRPL account and any corresponding
decrease shall be passed on to the MRPL. Tax at source shall be deducted as per statute.
9. Taxes, duties, levies, fees &cess shall be reimbursed by the MRPL to Bidders against
production of documentary evidence (s) and furnishing all necessary documents (e.g. proper
tax invoices, bill or challans, etc). In case Bidders does not furnish such requisite documents
then such amount shall not be reimbursed to the Bidders irrespective of whether the bidder
has paid such amount to the Tax Authorities.
10. The GST rate / amount indicated by the Bidder in this Form shall include both, namely,
(i) The amount of GST payable by the bidder and reimbursable by Owner
(ii) The amount of GST, if any, payable by Owner, as applicable to recipient of service,
as per the reverse charge rule of GST.
11. The Bidder's invoice must contain the following:
a) HSN/SAC/STC for materials and accounting code for services.
b) GSTIN (GST Identification number)
12. GST rates and HSN/STC codes quoted by the Bidders shall be considered for evaluation.
13. GST TDS as applicable will be deducted from payments and will be remitted to Government
on time. After payment of GST TDS by MRPL, TDS certificate will be auto-generated and
will be downloadable from GSTN portal by the vendors themselves.
Bidder Seal & Signature
MRPL Tender No. 3300007400 109 of 149

SECTION H
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MRPL Tender No 3300007400 GCC, Rev-2

MANGALORE REFINERY & PETROCHEMICALS LTD.

E-PUBLIC Tender No.: 3300007400 dated 20.02.2020

TENDER FOR ONLINE MONITORING OF HCU-1 SHUTDOWN DURING

Tender Download Start Date 20.02.2020

MRPL has discontinued publication of Tender Advertisements through

The complete Tender/Bidding document is available for view/download on MRPL

MRPL Tender No. 3300007400 1 of 149

SECTION DESCRIPTION Page Nos.

A Notice Inviting Tender (NIT) 3–4

Pre-Qualification Criteria (PQC) & Bid Evaluation Criteria

MRPL Tender No. 3300007400 2 of 149

NOTICE INVITING TENDER (NIT)

Online monitoring of HCU-1 shutdown during April May

3 Tender Type Open- domestic

4 Bid Type Two Bid

9 Prebid Conference Not Applicable

Duration of Contract / Contract

MRPL Tender No. 3300007400 3 of 149

Mr. Kansagara Harsh L Kumar

Mr. Mohan Kumar / Mr. Prabhuswamy,

Contact details & Address for Site visit.

Important information to be noted by the bidders:

MRPL Tender No. 3300007400 4 of 149

Pre-Qualification Criteria & Bid Evaluation Criteria

I. यो यतापू व मानदं ड / Pre-Qualification Criteria:

a Average Annual Financial Turnover during the last 3

ii. Past Experience

2. All above indicated amounts are exclusive of Service Tax / GST.

iii. Other Criteria:

iv. र करनेसंबंधी मानदं ड / Rejection Criteria :-

II. बोली मू यांकन मानदं ड /Bid Evaluation Criteria (बीईसी / BEC):

MRPL Tender No. 3300007400 7 of 149

CLAUSE. No. DESCRIPTION

MRPL Tender No. 3300007400 8 of 149

INSTRUCTION TO BIDDER(S) (ITB)

2.0 COST OF BIDDING:

3.0 SITE VISIT :

4.1 The Tender document comprises of following sections:-

• Contract Workers Safety Policy.

5 CLARIFICATION REQUESTS BY BIDDER:

6 CORRIGENDUM/ ADDENDUM/ CLARIFICATION :

7 CONFIDENTIALITY OF BIDDING DOCUMENT:

9 PREPARATION AND SUBMISSION OF BIDS:

10 TENDERS INVITED THROUGH E-PROCUREMENT SYSTEM:

10.7 E-Procurement System Instructions :

Mr.Mohan Kumar 080-49352000 mohan@antaressystems.com

11 TENDERS INVITED ON MANUAL MODE:

12 PRICE / SCHEDULE OF RATES (SOR) / BILL OF QUANTITIES :

MRPL Tender No. 3300007400 14 of 149

14 EARNEST MONEY DEPOSIT (EMD):

17 MODIFICATION AND WITHDRAWAL OF BIDS(APPLICABLE FOR E-TENDERS ONLY):

18.0 BID OPENING:

MRPL Tender No. 3300007400 16 of 149

18.2 PRICE BID OPENING:

19.0 BID EVALUATION AND AWARD CRITERIA:

21.0 NOTIFICATION OF AWARD :

22.0 UNSOLICITED POST TENDER MODIFICATIONS:

23.0 CONTACTING MRPL :