Revamping of Fire Protection System at 18 installations of Ahmedabad Asset

For clarity on tax clauses and change in law clauses of GCC, bidder/ contractor may note the following: a. If there is any difference in rate between quoted rate of tax and applicable rate of tax as on bid submission date, then such difference in rate will be maintained for effecting change in law, if any, in future. Without prejudice to any other remedies available to company in the contract or in Law, in case of change in laws during scheduled completion period (included extended period without levy of LD/without reserving right to levy LD), irrespective of amount and rates of taxes quoted by successful bidder/contractor, the total quoted amount (including tax amounts) will be considered as inclusive of all applicable tax amounts which are applicable on the date of bid submission and accordingly, difference between applicable rate of taxes on the date of bid submission and the rates of taxes applicable on the date of change in law, will be reimbursed to successful bidder/contractor by company in case such difference is positive and such difference will be recovered from the successful bidder/contractor by the company in case such difference is negative. b. In case the quoted tax rate/tax amount is less than the applicable tax rate/ tax amount on date of bid submission, it would be considered that the difference in the two rates/amounts is included in the amounts quoted in other quoted line items, other than the quoted tax amount and (i) payment/reimbursement will be limited to considering the quoted tax rate or the quoted tax amount or the amount shown in proof of payment, whichever is lower and (ii) in case there is a change in law, such difference between the quoted tax rate/tax amount and the applicable tax rate/ tax amount on date of bid submission, will be subtracted from the base value (base value is the amount on which taxes are applied which would be derived from the total quoted/contract value inclusive of taxes) to arrive at the net base value on which effect of change in law would be applied. c. In case the quoted tax rate/tax amount is more than the applicable tax rate/ tax amount as on the date of bid submission (i) payment/reimbursement will be restricted to the lower of the two and (ii) in case there is a change in law, it will be treated as per Point "a" above.

Group-A

OIL AND NATURAL GAS CORPORATION LTD.

Oil & GAS ENGINEERING AND PROJECTS

"Revamping of Fire Protection System at 18 installations of Ahmedabad Asset” ( Group A)

APPENDIX A-14, Un-priced Schedule of Prices

Group-B

Note 1: Only Yellow Coloured Cells to be filled.

Note 2: This excel workbook has Five work sheets. Please fill all the Five sheets very carefully and upload as per this price format.

Note 3: Please refer general notes below.

Name of Bidder :

Bid Reference No.

Payment shall be made as per Milestone Payment Formula for the respective works.

General Notes:

Cost of material shall include cost of the materials/ equipments etc. required to be incorporated in the works, aids for fabrication, transportation and installation, cost of spares and any special tools & tackles required for pre commissioning, lubricants, chemicals and consumables for testing/ pre-commissioning and the cost of consumables for startup/ commissioning as well as for duration of operation as per details given in bidding documents of Group A.

Bidders to ascertain themselves all the applicable taxes & duties and include in their offer all such taxes and duties as applicable & quoted, which shall be considered for the purpose of evaluation. Bidders also to indicate ONLY such taxes & duties in relation to this contract, which the bidder is liable to pay directly to Indian Tax authorities separately in the price format at I-C. Reimbursement of IGST, CGST, SGST, UTGST etc. (which bidder is required to pay directly to Indian Tax Authorities) would, however, be made at actuals in Indian Rupees upon submission of documentary proof of duty assessment & payment (through deposit or through credit) thereof and would further be limited to the amount indicated in price schedule, whichever is less. No reimbursement shall be made to the bidder for Custom Duty, IGST, CGST, SGST, UTGST etc., paid by bidders to their Sub Contractor, Vendors, Agents etc. Change in law is not applicable against such taxes & duties (i.e. Custom Duty, IGST,SGST,CGST,UTGST etc.) paid by bidders to their Sub Contractor, Vendors, Agents etc.

The above costs i.e. total lump sum price are all inclusive costs for providing the material & services as per the requirements contained in the Bidding Documents read with subsequent amendments/addendum /corrigendum /clarifications conveyed to the bidder. Bidder to note that price quoted at sl. no. D above i.e. TOTAL LUMSUM PRICE for complete scope of work of the tender (i.e.A+B+C) shall be considered for ascertaining the ranking of bidders for Group A.

TDS as applicable under statute, will be deducted

Please refer SCC clause no. 7.0 regarding joint statement which shall be signed by ONGC & contractor at periodic intervals of 06 months. However, as soon as delay occurs partly or fully on part of the contractor as on the scheduled completion date, pending final joint delay analysis, provisionally LD amount will be withheld from contractor’s invoices which will be finalized and settled after finalization of delay analysis, for which LD amount was provisionally withheld. For the purpose of Liquidated Damages as per GCC clause 6.3.2 & 6.3.3, if any part of the whole works under the contract has been completed and accepted by the company, then the proportionate value of the part so completed (in terms of completed, commissioned & accepted by ONGC as per the contract) will be worked out on prorate basis to determine the value of the uncompleted work for calculation and withholding of Liquidated Damages purpose.

Payment shall be made as per Milestone Payment Formula for the respective works.

For the purpose of Liquidated Damages as per GCC clause 6.3.2 and 6.3.3, the Installation wise weigthage factor of the lump sum price of LSTK shall be on proportionate basis.

Name of Authorised Signatory:

Designation:

Place and Date:

Percentage fee applicable to cost of material used for extra work items.

Percentage fee applicable to equipment subcontracts for extra work

Percentage fee applicable to labour subcontracts for extra work

Percentage fee applicable to one year’s spares

Notes:

The above percentage will also be used by the Company to order bought-out items and extra equipment not included in the Bidding Documents.

In respect of item 4 the cost shall be reimbursed as per provision of clause 5.16 of part II, GCC.

Laws, Acts, Rules, Regulations etc. and the tariffs thereof considered by the Bidder while estimating the incidence of taxes, duties, fees, charges, levies etc. included in the bidder’s lump sum prices for the Works (as quoted in the Appendix A-3, I through V) as per relevant provisions of General Conditions of Contract to be used for the purpose of adjustment of Contract Price in the event of change of Law in terms of General Conditions of Contract are as under:

IGST/ CGST & SGST/ UTGST as applicable for the following:

Bidder to ensure that "Total IGST/ CGST & SGST/ UTGST (as applicable)" above must be eaual to the value quoted against I-C of Price Schedule i.e Appendix A-3.

Bidder may suitably add other heads/columns/rows to indicate all the provisions and related information with regard to above. Bidders are requested to go through General Conditions of Contract carefully, while furnishing the above table. Strike out the items, which are not applicable or write `not applicable’.

Change in law shall not be applicable to taxes and duties in respect of subcontractors, venders etc. of contractors.

Bidder shall indicate the details of Laws/ Acts / Rules/ Regulations reference and tariff indicating rates of tax/ duties/ fee/ charge/ levy under Column 3 & 4 respectively in the unpriced bid also.

Bidders are advised to refer thoroughly scope of work (all disciplines), price impacting activities in the entire terms & conditions mentioned in the tender documents.

For clarity on tax clauses and change in law clauses of GCC, bidder/ contractor may note the following: a. If there is any difference in rate between quoted rate of tax and applicable rate of tax as on bid submission date, then such difference in rate will be maintained for effecting change in law, if any, in future. Without prejudice to any other remedies available to company in the contract or in Law, in case of change in laws during scheduled completion period (included extended period without levy of LD/without reserving right to levy LD), irrespective of amount and rates of taxes quoted by successful bidder/contractor, the total quoted amount (including tax amounts) will be considered as inclusive of all applicable tax amounts which are applicable on the date of bid submission and accordingly, difference between applicable rate of taxes on the date of bid submission and the rates of taxes applicable on the date of change in law, will be reimbursed to successful bidder/contractor by company in casesuch difference is positive and such difference will be recovered from the successful bidder/contractor by the company in case such difference is negative. b. In case the quoted tax rate/tax amount is less than the applicable tax rate/ tax amount on date of bid submission, it would be considered that the difference in the two rates/amounts is included in the amounts quoted in other quoted line items, other than the quoted tax amount and (i) payment/reimbursement will be limited to considering the quoted tax rate or the quoted tax amount or the amount shown in proof of payment, whichever is lower and (ii) in case there is a change in law, such difference between the quoted tax rate/tax amount and the applicable tax rate/ tax amount on date of bid submission, will be subtracted from the base value (base value is the amount on which taxes are applied which would be derived from the total quoted/contract value inclusive of taxes) to arrive at the net base value on which effect of change in law would be applied. c. In case the quoted tax rate/tax amount is more than the applicable tax rate/ tax amount as on the date of bid submission (i) payment/reimbursement will be restricted to the lower of the two and (ii) in case there is a change in law, it will be treated as per Point "a" above.

OIL AND NATURAL GAS CORPORATION LTD.

Oil & GAS ENGINEERING AND PROJECTS

"Revamping of Fire Protection System at 18 installations of Ahmedabad Asset” ( Group B)

APPENDIX A-14, Un-priced Schedule of Prices

Group-B

Note 1: Only Yellow Coloured Cells to be filled.

Note 2: This excel workbook has Five work sheets. Please fill all the Five sheets very carefully and upload as per this price format.

Note 3: Please refer general notes below.

Name of Bidder :

Bid Reference No.

Payment shall be made as per Milestone Payment Formula for the respective works.

General Notes:

Cost of material shall include cost of the materials/ equipments etc. required to be incorporated in the works, aids for fabrication, transportation and installation, cost of spares and any special tools & tackles required for pre commissioning, lubricants, chemicals and consumables for testing/ pre-commissioning and the cost of consumables for startup/ commissioning as well as for duration of operation as per details given in bidding documents of

Bidders to ascertain themselves all the applicable taxes & duties and include in their offer all such taxes and duties as applicable & quoted, which shall be considered for the purpose of evaluation. Bidders also to indicate ONLY such taxes & duties in relation to this contract, which the bidder is liable to pay directly to Indian Tax authorities separately in the price format at I-C. Reimbursement of IGST, CGST, SGST, UTGST etc. (which bidder is required to pay directly to Indian Tax Authorities) would, however, be made at actuals in Indian Rupees upon submission of documentary proof of duty assessment & payment (through deposit or through credit) thereof and would further be limited to the amount indicated in price schedule, whichever is less. No reimbursement shall be made to the bidder for Custom Duty, IGST, CGST, SGST, UTGST etc., paid by bidders to their Sub Contractor, Vendors, Agents etc. Change in law is not applicable against such taxes & duties (i.e. Custom Duty, IGST,SGST,CGST,UTGST etc.) paid by bidders to their Sub Contractor, Vendors, Agents etc.

Group B.

TDS as applicable under statute, will be deducted

The above costs i.e. total lump sum price are all inclusive costs for providing the material & services as per the requirements contained in the Bidding Documents read with subsequent amendments/addendum /corrigendum /clarifications conveyed to the bidder. Bidder to note that price quoted at sl. no. D above i.e. TOTAL LUMSUM PRICE for complete scope of work of the tender (i.e.A+B+C) shall be considered for ascertaining the ranking of bidders for Group B.

Please refer SCC clause no. 7.0 regarding joint statement which shall be signed by ONGC & contractor at periodic intervals of 06 months. However, as soon as delay occurs partly or fully on part of the contractor as on the scheduled completion date, pending final joint delay analysis, provisionally LD amount will be withheld from contractor’s invoices which will be finalized and settled after finalization of delay analysis, for which LD amount was provisionally withheld. For the purpose of Liquidated Damages as per GCC clause 6.3.2 & 6.3.3, if any part of the whole works under the contract has been completed and accepted by the company, then the proportionate value of the part so completed (in terms of completed, commissioned & accepted by ONGC as per the contract) will be worked out on prorate basis to determine the value of the uncompleted work for calculation and withholding of Liquidated Damages purpose.

Payment shall be made as per Milestone Payment Formula for the respective works.

For the purpose of Liquidated Damages as per GCC clause 6.3.2 and 6.3.3, the Installation wise weigthage factor of the lump sum price of LSTK shall be on proportionate basis.

Name of Authorised Signatory:

Designation:

Place and Date:

Percentage fee applicable to cost of material used for extra work items.

Percentage fee applicable to equipment subcontracts for extra work

Percentage fee applicable to labour subcontracts for extra work

Percentage fee applicable to one year’s spares

Notes:

The above percentage will also be used by the Company to order bought-out items and extra equipment not included in the Bidding Documents.

In respect of item 4 the cost shall be reimbursed as per provision of clause 5.16 of part II, GCC.

Laws, Acts, Rules, Regulations etc. and the tariffs thereof considered by the Bidder while estimating the incidence of taxes, duties, fees, charges, levies etc. included in the bidder’s lump sum prices for the Works (as quoted in the Appendix A-3, I through V) as per relevant provisions of General Conditions of Contract to be used for the purpose of adjustment of Contract Price in the event of change of Law in terms of General Conditions of Contract are as under:

IGST/ CGST & SGST/ UTGST as applicable for the following:

Bidder to ensure that "Total IGST/ CGST & SGST/ UTGST (as applicable)" above must be eaual to the value quoted against I-C of Price Schedule i.e Appendix A-3.

Bidder may suitably add other heads/columns/rows to indicate all the provisions and related information with regard to above. Bidders are requested to go through General Conditions of Contract carefully, while furnishing the above table. Strike out the items, which are not applicable or write `not applicable’.

Change in law shall not be applicable to taxes and duties in respect of subcontractors, venders etc. of contractors.

Bidder shall indicate the details of Laws/ Acts / Rules/ Regulations reference and tariff indicating rates of tax/ duties/ fee/ charge/ levy under Column 3 & 4 respectively in the unpriced bid also.

Bidders are advised to refer thoroughly scope of work (all disciplines), price impacting activities in the entire terms & conditions mentioned in the tender documents.

The lump sum price of the the complete job on turnkey basis of "Revamping of Fire Protection System at 18 installations of Ahmedabad Asset”. ( Group B)