Internal Patch Welding and Hydrotest of Tank01 5000m3 at CTF Lakwa Assam

Technical BEC Compliance to be ensured by choosing from drop down: Confirmed/ Not Confirmed /Not Applicable. Bidder to indicate relevant page of his bid wherever applicable

A Vital criteria for acceptance of bids

Bidders are advised not to take any exception/deviations to the bid document. Exceptions/ deviations, if any, should be brought out during the Pre-bid conference. In case Pre-bid conference is not held, the exceptions/ deviations along with suggested changes are to be communicated to ONGC within the date specified in the NIT and bid document. ONGC after processing such suggestions may, through an addendum to the bid document, communicate to the bidders the changes in its bid document, if any. Still, if exceptions /deviations are maintained in the bid, such conditional/ non-conforming bids shall not be considered and may be rejected outright.

However, during evaluation of bids, ONGC may ask the Bidder for Clarifications/ confirmations/deficient documents of its bid. The request for clarification and the response shall be in writing and no change in the price or substance of the bid shall be sought or permitted. If the bidder still maintains exceptions/deviations in the bid, such conditional/ non-conforming bids shall not be considered and may be rejected.

B Rejection Criteria

B.1 Technical Rejection Criteria

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

B.1.1 Bid should be complete and covering the entire scope of job/ supply and should conform to the technical specifications indicated in the bid documents, duly supported with technical catalogues/ literatures wherever required. Incomplete and non-conforming bids will be rejected outright.

B.1.2 Eligibility and experience of the bidder:-

B.1.2. (a) Bidder (i.e. Single bidder / Indian Joint Venture company Incorporated) should have experience of having successfully completed Reinforcement plate welding/plate replacement on hydrocarbon storage tanks, Hydrotest/calibration on storage tanks/vessels during last 10 (ten) years ending prior to the originally scheduled date of opening of the techno-commercial bid.

1) In case, bidder possesses experience of execution of similar works under rate contract, then in such a scenario, all works completed by the bidder under individual rate contract shall be treated as one work.

2) Running contracts having satisfactory completion of works as specified at Note.1 above shall also be considered as executed for evaluation purpose.

To this effect, Bidder should submit the following documents:

(a) Copies of respective contracts (completed or ongoing as on the date of techno-commercial bid opening)

(b) Documentary evidence in respect of satisfactory execution of each of those contracts at (a) above, in the form of copies of any of the documents (indicating respective contract number and type of services), such as –

i) Satisfactory completion / performance report (OR)

ii) Proof of release of Performance Security after completion of the contract (OR)

iii) Proof of settlement / release of final payment against the contract (OR)

iv) Any other documentary evidence that can substantiate the satisfactory execution of each of the contracts cited above.

Note: In the event, Date of start of any work(s) under individual contract(s)/ rate contract(s) spills beyond 10 years from the date of the originally scheduled date of opening of the techno-commercial bid closing, then only the execution period within last 10 (ten) years, ending prior to the originally scheduled date of opening of the techno-commercial bid closing shall be taken into consideration for evaluation of total experience possessed by the bidder.

B.1.2 (b) The bidder should meet the experience criteria detailed above.

In case the bidder is an Incorporated Indian Joint Venture Company, registered in India and incorporated under the Companies Act 1956 and any amendments there under, then the technical experience criteria laid down in the Technical BEC should be met as under:

The Joint Venture Company by itself should meet the experience criteria

Any Partner in the Joint Venture Company having a stake of at least 26% in the Joint Venture Company should meet the technical experience criteria stipulated in the tender on its own and cannot rely on any other arrangement such as Consortium or Supporting Company of the JV Partner for meeting the technical experience criteria. Documentary evidence in support of the above should be submitted along with the techno-commercial bid.

In case of (ii) above, an undertaking from the Joint Venture partner, based on whose experience the JV seek qualification, shall be submitted with the techno commercial bid stating they shall maintain minimum 26% shareholding in the JV till the execution of the contract.

B.1.2.2 Details of experience and past performance of the bidder and incorporated joint venture partner (in case of a joint venture), on works/ jobs done of similar nature in the past and details of current work in hand and other contractual commitments, indicating areas and clients are to be submitted along with the techno-commercial bid, in support of the experience laid down at para B.1.2(a) and B.1.2(b) above.

B.1.2.3 Indian companies/ Joint Venture companies (Incorporated JV):-

Indian bidders whose proposal for Joint Venture involves foreign equity participation or payment of royalty and / or lumpsum for technical know-how and wherever Govt. approval is necessary, are required to submit copy of Govt. approval, on their application submitted to SIA, prior to the date price bid opening.

B.2 Commercial rejection criteria

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

B.2.1.0 Deleted

B.2.1.1 Bid will not be considered for evaluation where bidder /supporting company/ultimate controlling company/JV partner/Consortium Partner is undergoing an Insolvency Resolution Process under the Insolvency & Bankruptcy Code, 2016 (or any amendments thereof) or, in case of an international bidder, is undergoing any proceedings for resolution of bankruptcy /insolvency by concerned court/authority of relevant jurisdiction, as on actual techno-commercial bid opening date.

In case a bidder /supporting company/ultimate controlling company/JV partner/Consortium Partner is undergoing or gets admitted to an Insolvency Resolution Process under the Insolvency & Bankruptcy Code, 2016 (or any amendments thereof) or in case of an international bidder, is undergoing or gets admitted to any proceedings for resolution of bankruptcy /insolvency, or is declared as bankrupt/insolvent by concerned court/authority of relevant jurisdiction, prior to or during Tender evaluation stages, then such bids will be rejected.

Note: Rejection of bid in case Supporting company/ultimate controlling company shall be applicable wherever bidding entity seek the support (Technical or Financial) in the tender.

B.2.2.0 The bid along with all appendices and copies of documents (except copies of the documents required in physical form) should invariably be submitted through GePNIC-CPPP (https://etenders.gov.in), before the scheduled date and time for the tender closing. All the documents uploaded shall be digitally signed by the authorized signatory of the bidder.

The password protected e-bids (Techno-commercial / Price bids), which require the password to open the file, will not be considered.

The Techno-commercial bid shall contain all details without indicating prices of the quoted items. However a suitable response shall be selected of the given options against each item of the format at Appendix-..... (Bidders Response Sheet) to indicate that there is a quote against that item in the Price Bid/BOQ. The Price bid shall contain only the prices duly filled in the on-line price format of GePNIC-CPPP (https://etenders.gov.in). Bidders shall necessarily use the same excel sheet for price bid. The price bids submitted in physical form against e-procurement tenders shall not be given any cognizance.

However, the following documents should be submitted in physical form, in a sealed envelope super-scribed as “Physical documents against e-procurement Tender Reference Number………….., Tender ID………….., due on ………… To be opened by Tender Opening Officers at 15.30 Hrs, on due date for opening of bid” [Documents should reach to the purchaser’s office on or before 15:00 Hrs. of the closing date specified for submission of bid through GePNIC-CPPP. Wherever any other time for receipt / opening of documents have been specified in the tender document, same should be appropriately indicated/followed in place of 15.00 Hrs / 15.30 Hrs.] :

(Applicable only in case bid security is submitted in the form of SFMS BG/Unconditional Irrevocable Insurance Surety Bond. Not applicable in case bid security is submitted via NEFT/RTGS/Electronic fund transfer Or e-BG).

The original SFMS BG (along with SFMS delivery report /message copy which has been transmitted by issuing bank through SFMS system to beneficiary’s i.e. ONGC’s bank) or Unconditional Irrevocable Insurance Surety Bond towards bid security.

B.2.2.1 Bidders should not indicate/disclose prices in techno-commercial (un-priced bid). In case bidders indicate/disclose prices in techno-commercial (un-priced bid) or at any stage before opening of price-bid, their bids shall be evaluated without giving any cognizance to such prices.

Evaluation will be done as per Price Evaluation Criteria of BEC on the basis of prices quoted in the price bid only.

If the bidder has indicated/disclosed some price in techno-commercial bid (at techno-commercial stage) or at any stage before opening of price-bid, but has not indicated any price in its Price Bid, its offer shall be considered as without any price and thus shall be rejected and in no case price revealed in techno-commercial bid shall be considered for award.

B.2.3.0 Acceptance of terms & conditions : The bidder must confirm unconditional acceptance of General Conditions of Contract at Annexure II, Special Conditions of Contract at Annexure III and Instruction to Bidders at Annexure I as well as the instructions contained in website https://etenders.gov.in

B.2.3.1 Bidder should confirm their acceptance that they comply with the provisions with regard to “Guidelines for eligibility of a ‘Bidder from a Country which shares a land border With India’ ” as detailed at Annexure-I “Instructions to Bidders”. Bidder should also submit the requisite certificate as mentioned.

B.2.4.0 Offers of following kinds will be rejected:

(a) Offers made without Bid Security/Insurance Surety Bond/Bid Bond/Bank Guarantee/Earnest Money Deposit alongwith the offer (Refer clause 17 of Instruction to Bidders at Annexure I).

i) Electronic Bank Guarantee (e-BG) in the prescribed format as per Appendix 4 of Annexure-I, valid for 30 days beyond the date of required validity of offer. The e-bank guarantee by Indian bidder will have to be given e-stamping as per stamp duty applicable at the place from where the bid has emanated. The e-stamping should be either in the name of the issuing bank or the bidder.

The bidders will give Electronic Bank Guarantee from any of the following categories of Banks:

Any Scheduled Bank incorporated in India, Bank Guarantee issued by foreign branches / foreign offices of such Scheduled Banks be counter guaranteed by the Indian Branch of any Scheduled Bank incorporated in India.

Any Branch of an International Bank situated in India and registered with Reserve Bank of India as scheduled foreign bank.

Any foreign Bank which is not a Scheduled Bank in India provided the Bank Guarantee issued by such Bank is counter guaranteed by any Branch situated in India of any Scheduled Bank incorporated in India.

Bidders will be required to provide the details of e-BG such as Number, Date, Name of issuing bank, Expiry, Claim period and amount in their bid. The e-BG in pdf format should also be submitted by bidder in its e-bid in the e-bidding portal.

ii) Confirmed irrevocable Letter of Credit, as per prescribed format at Appendix 4A valid for 30 days beyond the validity of the bid, duly confirmed by Indian Nationalised/Scheduled bank will be acceptable only from foreign bidder.

iii) NEFT/RTGS/Electronic fund transfer to account of ONGC as per following details:

Beneficiary Account Name: Oil and Natural Gas Corporation Limited

Bank Name : State Bank of India

Branch : ONGC Colony, Sivasagar

Branch Code : 004797

Bank Account No.: 10637162283

IFSC Code : SBIN0004797

Swift Code : SBININBB251

The bidder shall be required to submit/ upload (in case of e-tenders) the proof of successful payment of bid security amount to the designated account of ONGC, and details of payment thereof with the offer (with techno-commercial bid in case of two bid system).

vi) The default/Preferable mode of submission of Bid Security will be NEFT/RTGS/Electronic fund transfer or e-BG, however, whenever a bidder submits SFMS BG, the bidder will mandatorily be required to submit letter from issuing bank that it is unable to issue NeSL based e-BG as on date. Such letter should accompany the SFMS Bank Guarantee (SFMS-BG).

a) Bidder shall get SFMS BG issued from SFMS enabled Bank as allowed by ONGC in tender conditions. Bank shall issue the Bank Guarantee through SFMS system and send SFMS message to ONGC's Bank confirming the authenticity of Bank Guarantee. Bidder will be required to submit SFMS BG towards Bid Security along with SFMS delivery report /message copy which has been transmitted to ONGC’s bank by BG issuing bank through SFMS system.

b) The SFMS BG will have to be given on non-judicial stamp paper / with franking receipt e-stamping as per stamp duty applicable at the place from where the bid has emanated. The non-judicial stamp paper / franking receipt e-stamping should be either in the name of the issuing bank or the bidder.

c) The original SFMS BG in physical form towards Bid Security (along with SFMS delivery report /message copy which has been transmitted by issuing bank through SFMS system to beneficiary’s i.e. ONGC’s bank) should reach to the designated ONGC office on or before date & time of bid submission.

d) SFMS BG will not be acceptable unless details of the same is transmitted to the ONGC’s Bank through SFMS platform. It’s bidder’s responsibility to ensure that BG issuing bank sends the BG advice correctly in the form of message format 760COV via SFMS (Structured Financial Messaging System) as provided by RBI while capturing all requisite fields including Beneficiary Account Name, Bank Name, Bank Account Number, IFSC Code etc.

Note: Please refer to Appendix for SFMS BG format.

e) In case of any error by the applicant (bidder/contractor) or BG issuing bank while capturing the requisite field details/format or non-receipt of confirmation of BG through SFMS 760COV message format, the bid shall be liable for rejection and bidder/contractor shall be responsible for the same.

f) For any amendment of SFMS BG, message 767COV through SFMS should be used.

iv) Irrevocable Unconditional Insurance Surety Bond in the prescribed format as per Appendix 4B of Annexure-I, valid for 30 days beyond the date of required validity of offer. The Insurance Surety Bond by Indian bidder will have to be given on non-judicial stamp paper / franking receipt as per stamp duty applicable at the place where Insurer is issuing the Insurance Surety Bond. The non-judicial stamp paper / franking receipt should be either in the name of the insurance company (insurer) or the bidder.

The bidders will give Insurance surety Bond from an Indian Insurance Company (Insurer) registered with Insurance Regulatory and Development Authority of India (IRDAI).

Bidders will be required to provide the details of unconditional Insurance Surety Bond such as Number, Date, Name of Insurance company (Insurer), Expiry date, Claim period and amount in their bid. The Insurance Surety Bond in pdf format should also be submitted by bidder in its e-bid in the e-bidding portal.

Bidders should note that acceptance of their offer is subject to remittance of Bid Security/EMD amount to designated account of ONGC on or before due date and time of Tender closing. If required, ONGC reserve right to obtain confirmation regarding date and time of credit of Bid Security/EMD amount to its account from concerned bank. The decision of ONGC in this regard shall be final and binding on the bidder. In case amount has been credited to ONGC’s designated account after tender closing, such amount shall be refunded back to bidder within 10 days.

In their own interest bidders submitting EMD/Bid Security via NEFT/RTGS/Electronic fund transfer are advised to complete the transaction atleast 24 hours before bid closing date.

As benefit under Public Procurement Policy to MSE bidder is not applicable for this tender being works contract, all bidders (including MSE bidders) except those mentioned in para 17.2 of ITB are required to submit specified bid security/Bid Bond.

(b) Offer not submitted in e-form through GePNIC-CPPP.

(c) Offers which do not confirm unconditional validity of the bid for 90 days from the date of opening of bid.

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

(e.i) Offers which do not conform to ONGC’s ‘online price bid format’ as given in the GePNIC-CPPP

(e.ii) Offers which do not conform filling of all relevant fields in the online bidding format for the items quoted by them.

(f) Offers which do not confirm to the mobilisation period indicated in the bid.

(g) Offers which do not confirm to the contract period indicated in the bid.

(k) Offers not accompanied with a copy of valid GST registration certificate under GST Legislation of India.

(k) Offers not accompanied with an undertaking to provide all the necessary compliances /Invoice /documents required under GST legislation for enabling ONGC to avail Input tax (GST) credit. (Not applicable for the bidder who are under composition levy)

(l) (i) Offers not accompanied with an undertaking as per Appendix-15, 22 & 24 on acceptance of ONGC's 'Policy for Banning/provisional Suspension of Business Dealings with erring Firms’

(l) (ii) Offers not accompanied with a declaration that neither the bidders themselves, nor any of its allied concerns, partners or associates or directors or proprietors involved in any capacity, are currently serving any banning orders issued by ONGC debarring them from carrying on business dealings with ONGC.

(n) Offers not accompanied with the undertaking on the company’s letter head and duly signed by the signatory of the bid that all the documents/certificates/information submitted by them against the tender are genuine.

(o) Offers not accompanied with the undertaking/Agreements as per clause B.1.2 and B.1.6.0 B.2.6.0, if applicable.

(p) Offers and all attached documents not digitally signed using digital signatures issued by an acceptable Certifying Authority (CA) as per Indian IT Act 2000 by the person as per power of attorney submitted as per ITB(Refer clause No. 9.1(i) of Annexure-I )

(q) Password protected e-bids (Techno-commercial / Price bids), which require the password to open the file.

(r) Offers not accompanied with a declaration that neither bidder nor their supporting company/ultimate controlling company/JV partner/Consortium Partner (applicable only in case bidding entity seek Technical or Financial support) is undergoing an Insolvency Resolution Process under the Insolvency & Bankruptcy Code, 2016 (or any amendments thereof)/ proceedings for resolution of bankruptcy /insolvency by concerned court/authority of relevant jurisdiction in respective country.

B.2.5.0 Bidder shall bear, within the quoted rates, the Personnel Tax as applicable in respect of their personnel and their sub-contractor’s personnel, arising out of this contract. Bidder shall also bear, within the quoted rates, the Corporate Tax, as applicable, on the income arising out of this contract.

B.2.6.0 Deleted

B.2.7.0 Deleted

C. Price Evaluation Criteria

C.1.1 Evaluation of bids:-

Total lump sum amount including GST for the entire Scope of Work as per Bidding

Documents including addendum(s), if any, shall be considered for price evaluation.

Accordingly, the Lumpsum price quoted at Price Format of bid

documents will be the basis of price comparison.

The bidder who emerges L-1 based on the above evaluation will be considered for award of work.

In case of tie among bidders’ quoted offer, their bids shall be ranked according to the bidders’ annual turnover for the FY 2023-24 and 2024-25.

Bidders are required to declare their turnover based on the audited annual financial statement of FY 2023-24 and 2024-25duly certified by a Chartered Accountant. The bidder has to submit the annual financial statements duly audited for the FY 2023-24 and 2024-25.

C.1.2 Bidders are required to ascertain themselves, the prevailing rates of GST and all other taxes and duties as applicable on the scheduled date of submission of Price Bids and ONGC would not undertake any responsibility whatsoever in this regard.

Accordingly, bidders (excluding the Service providers covered under clause C-1.2.1 below) should quote the prices, clearly indicating the rate of GST, description of service and the Service Accounting Code (i.e. HSN/SAC) as per GST Law as ascertained by the bidder.

Total price inclusive of GST as quoted by the bidders shall be considered for evaluation.

In case the GST is not quoted explicitly in the offer, the offer will be considered as inclusive of GST.

In the contracts involving multiple services or the services involving usage of certain goods or materials (which are consumables in nature forming part of the output service), the Bidder should provide the break-up for cost of goods and cost of various services. However, the bidder shall quote GST for the output services.

GST and Customs Duties if any, on input services /capital goods/inputs required to meet the scope of work will be borne by the Bidder within their quoted prices. The bidder must avail eligible input tax credit of GST and Customs Duty paid on input services /capital goods/ Inputs and benefit of input tax credit should be passed on to ONGC by way of quoting rate(s) net of input tax credit i.e. value of goods/service adjusted by input tax credit available to the bidder.

C.1.2.1 Deleted

C.1.3 If there is any change in the rate of GST after the date of bid closing but prior to award of the contract due to which there is any change in the original ranking of bidders, then the originally evaluated L-1 bidder would be considered for award of contract but subject to matching his prices with the bidder who has emerged lowest as a result of modification in GST. In case originally evaluated L-1 bidder fails to match the price (of the bidder who emerges L-1 due to change in GST rate) then the award of contract will go to the bidder who subsequently emerges L-1 due to change in GST rate.

C.1.4 PURCHASE PREFERENCE POLICY(IES):

C.1.4.1 Deleted

C.1.4.2 Deleted

C.1.4.3 Deleted

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

E.2 The bidder/contractor is prohibited to offer any service / benefit of any manner to any employee of ONGC and that the contractor may suffer summary termination of contract / disqualification in case of violation.

E.3 On site inspection will be carried out by ONGC’s officers / representative /Third Parties at the discretion of the ONGC.

E.4 ONGC shall not be responsible for any delay in bid submission due to last day, last minute rush or server becoming slow/ busy/ not responding.

E.5 Bidder should submit the “Bid Matrix” (as enclosed with tender document) duly filled in, so as to re-confirm compliance with each of the requirements of BEC and other important conditions of the tender. Each such confirmation should be clearly stated in the “Bid Matrix” indicating Confirmed/Not Confirmed/Not Applicable as the case may be. Further, against each such confirmation, bidders should also indicate the reference/location (Page No. /Annexure etc.) of the respective details/documents enclosed in the bid, so as to easily locate the same in the bid document.

E.6 The bidder must indicate its status like Proprietorship/ Partnership/ Limited Company etc. The tender should be signed only by the authorized person of the Firm. Such authority must be accompanied either by the constitution of firm or with a copy of Power of attorney from appropriate competent authority of firm on Non-Judicial stamp paper of appropriate value duly executed before Notary Public or first class Magistrate. In case of proprietary firm, bidder must submit the document establishing his proprietorship indicating the name of the individual as proprietor as a proof of proprietorship of the firm, like Shops & establishment Certificate / registration certificate issued by Government / PSU.

E.7 EPF Registration / code: The bidder should have Registration under Employees Provident Fund & Misc. Provision Act 1952 and EPF code. The bidder should upload copy of registration certificate and EPF code in e- bid.

In case, the bidder is not having Registration under Employees Provident Fund and Misc. Provision Act 1952 & EPF code, then the bidder should upload in e-bid an undertaking (as per format provided in bid document) that the bidder shall submit the copy of PF registration certificate and EPF code at the time of signing of the agreement / contract in order to make him/them eligible for receiving any payment from ONGC, failing which no payment shall be released to the successful bidder.

E.8 Affidavit for variation in names in different documents:

All documents uploaded and submitted in support of EQR/BEC and bid should be in exact name of bidder. In case there is any variation in the name of bidder in any document on account of titles like Mr. or M/s or Sri etc. or on account of full / short name, bidder should upload (in original) an affidavit on Non-Judicial Stamp Paper of requisite value duly Notarized attested copy stating that all the documents submitted with the bid pertain to the bidder. The affidavit should be of a date later than the date of issue of documents submitted in support of clause no. B.1 & B.2.

It is not applicable for Private/ Public Limited Companies, Government Organizations.

E.9 Documents uploaded in e-portal should not be notary attested copy of earlier Xerox copy.

E.10 Bidders should note that ONGC may verify authenticity of all the documents/ certificates/ information submitted by the bidder(s) against the tender. In case at any stage of tendering process or Contract/PO execution etc., if it is established that bidder has submitted forged documents/ certificates/ information towards fulfilment of any of the tender/ contract conditions, ONGC shall immediately reject the bid of such bidder(s) or cancel/ terminate the contract and forfeit EMD/SD submitted by the bidder.