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                             OIL AND NATURAL GAS CORPORATION LIMITED
                                                KARAIKAL ASSET-KARAIKAL

                             Phone: 04368 – 238186                          FAX : 04368 – 238126



   HIRING OF CHAIN TYPE CRAWLER TRACTOR
TENDER NO:           VL2RC04003
REF NO:              KKL/KA/TPT/CRAWLER TRACTOR/2004-2005


IMPORTANT DATES
Start of sale of Tender Document                            : 03.11.2004

Last date of sale of Tender Document                        : 25.11.2004

Last date of receipt of clarification for pre-bid conference: 29.11.2004

Date of pre-bid conference                                  : 30.11.2004 at 1100 hrs

Last date (Closing date) & Time of Tender Document          : 10.12.2004 at 1430 hrs.

Date & Time of Opening of Techno-Commercial Bids            : 10.12.2004 at 1500 hrs.


RFQ Number                   :




                                                         Dy. General Manager (Logistics)
                                                      In Charge Logistics, KA, Karaikal.




                                                    Signature of Bidder:    ……………………….
                                        Name of authorized signatory:       ………………………
                                                     Status of signatory:   ………………………
                                         Seal of the Tenderer/ Bidder:       …………………….
                                                2


                                                                                     Section - I


         OIL AND NATURAL GAS CORPORATION LTD.
                             KARAIKAL ASSET, KARAIKAL

Office of Dy. General Manager (Logistics)                       Tel. No: 04368 238186.
Logistics Department,                                           Fax. No.04368 238126.
ONGC, Karaikal Asset                                            Telegram: COMONG.
Neravy, Karaikal -609 604.

NO: KKL/KA/TPT/CRAWLER TRACTOR/2004-2005 Dated:--------------------

To

………………………….
………………………….
………………………….
………………………….
………………………….

Sub: Tender Document for hiring ( BD-80/BD-65/BD-50) of CHAIN TYPE CRAWLER
 TRACTOR (180 HP/ 165 HP/ 90HP ) manufactured not more than Ten years from the      month of
closing of tender.

Ref:   Your letter :No……………………………………………Dated……………

Sir,


       With reference to your above quoted letter, a complete set of tender document
marked as RFQ No…………. issued in the name of M/s
……………………………………… Containing ……….. pages is being handed over to
you / your representative / sent by Registered Post against payment of Rs.500/- (Rupees
Five Hundred only) vide DD / Bankers Cheque / Indian Postal Order #........................ dated
………….. issued by………………………………… .

       Please acknowledge receipt of the above tender documents.




                                       Dy. General Manager- In Charge (Logistics)




                                                        Signature of Bidder:    ……………………….
                                            Name of authorized signatory:       ………………………
                                                         Status of signatory:   ………………………
                                             Seal of the Tenderer/ Bidder:       …………………….
                                            3


                     NOTICE INVITING TENDER

        OIL AND NATURAL GAS CORPORATION LTD.
                           KARAIKAL ASSET, KARAIKAL

Office of Dy. General Manager (Logistics)                 Tel. No:04368 238186.
Logistics Department,                                     Fax. No.04368 238126.
ONGC, Karaikal Asset                                      Telegram: COMONG.
Neravy, Karaikal -609 604.

      TENDER NO: KKL/KA/TPT/CRAWLER TRACTOR/2004-2005
                              NOTICE INVITING TENDER


       Dy. General Manager – In Charge (Logistics) on behalf ONGC, Karaikal
Asset, Karaikal invites sealed tenders under Two bid system from reputed
transport contractors having 2 years inline experience in operating / providing
services of Crawler Tractor / Transport Equipments / Earth Moving Equipment
services on regular basis to any State / Central Government / Public Sector
Organization or any other Public Ltd Company during the last five years for
providing services of Crawler Tractor on Need & Call basis of make BD-80/BD-
65/BD-50 (180 HP/165 HP 90 HP)/ equivalent manufactured not more than Ten
years from the date of closing of tender required for day to day operation at
ONGC , Karaikal Asset.


1     EMD                           Rs. 35,000 (Rupees Thirty Five thousand
                                    only) per Crawler Tractor commensurate with
                                    number of Crawler Tractor offered by the
                                    bidder.

2     Minimum number of             01 (one)
      equipment to be
      offered

2a.   Maximum                       Three numbers, depends on number of Rig
      Requirements                  Move.
3     Period of contract            2 (two) years with a provision of extension of 1
                                    (One) year on the discretion of ONGC on the
                                    same rates, terms and conditions based on the
                                    performance during the initial phase of the
                                    contract.



                                                  Signature of Bidder:    ……………………….
                                      Name of authorized signatory:       ………………………
                                                   Status of signatory:   ………………………
                                       Seal of the Tenderer/ Bidder:       …………………….
                                                        4


4         Selling of Tenders
                         From                    03.11.2004

                                 To              25.11.2004
                                                 on all working days between 10:00 hours to
                                                 17:00 hours.
5         Last date of receipt
          of clarifications from                 29.11.2004
          bidders for pre-bid
          conference
6         Pre-bid conference                      30.11.2004 at 11:00 hours

7         Closing date and                        10.12.2004 at 14:30 hours
          time     of  tender
          submission (on or
          before)
8         Opening date and                        10.12.2004 at 15:00 hours
          time of Techno-
          commercial bids:
9         Bid validity                           120 days from the date of opening of Techno-
                                                 commercial bids
10        Bid Bond validity                      150 days from the date of opening of Techno-
                                                 commercial bids
11        Tender Fee                             Rs. 500/-




     1.   Non-transferable tender document can be obtained on all working days during the office hours
          from the Office of the Dy. General Manager – In charge (Logistics), ONGC, Karaikal Asset,
          Neravy, Karaikal. 609 604 on payment of tender fee of Rs.500/- in the form of Demand Draft/IPO
          drawn in favour of F&AO, ONGC, Karaikal Asset, Karaikal. Any other form of payment is not
          acceptable.

     2.   No tender document will be sold after -------- and applications received after the last date of sale of
          tender document shall not be entertained.

     3.   ONGC will not be responsible for any delay in transit (postal or any other kind).

     4.   ONGC reserves the right to reject/accept any/all tenders in part/full without assigning any reasons
          thereof.

     5.   Validity period of Tender is 120 days from the date of opening of tender. Withdrawal of tender by the
          tenderer during the validity period will lead to forfeiture of their END.




                                                               Signature of Bidder:      ……………………….
                                                   Name of authorized signatory:         ………………………
                                                                Status of signatory:     ………………………
                                                    Seal of the Tenderer/ Bidder:         …………………….
                                              5


                                                                                Section – II

       TERMS AND CONDITION OF TENDER INTRODUCTION
       The Oil & Natural Gas Corporation Limited (ONGC) is engaged in the activities for
exploration / drilling / production of crude oil and natural gas in various regions of the
country and has its Registered Office at Jeevan Bharati Tower-II, 124, Connaught Circus,
New Delhi.

        The Karaikal Asset situated at Neravy Complex, Karaikal-609 604 intends to hire
services of CHAIN TYPE CRAWLER TRACTOR ON NEED & CALL BASIS. Age of
the tractor should not be more than 10 years old from the month of inviting tender .

       The quantum of work is tentative and may increase / decrease. However, details
regarding hiring of said services during the last one year are given below. This shall
however, not give any right to the tenderer / contractor to claim any volume of work on
maximum or minimum basis.

VOLUME OF WORK DURING PRECEDING YEAR

       During the preceding year, a total 3 Nos. of CHAIN TYPE CRAWLER TRACTOR
were engaged .

INSTRUCTIONS TO BIDDERS:
1.     Please go through the enclosed NIT and tender document before submission of
       tender.


2.     Please ensure that all documents are submitted in English language.


3.    Please ensure that the tenders are submitted under TWO BID SYSTEM. Detailed
      instructions have been given in the tender document.


4.    Please ensure that your tender reaches in the office of the Dy. General Manager
      (Logistics), ONGC, Neravy, Karaikal 609 604 on or before closing time and date of
      submission of the tender as mentioned in NIT. Offers sent by hand delivery should
      be put in the tender box at this office. All outstation tenders if sent by post should be
      sent under Registered Cover. ONGC will not be responsible for loss of tender form
      or for delay in postal transit.


5.    Please ensure that each page of the tender document is signed at the bottom right
      hand corner over small seal of the bidder / firm / establishment as a token of


                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                              6


      acceptance of all the terms and conditions. In case tender document is signed by
      authorised representative of the tenderer, the power of attorney authorising such
      signatory by the tenderer should be enclosed with the technical bid.

6.    All the documents furnished by the tenderer in support of his eligibility must be
      signed by the signatory of the tenderer and tenderer‟s rubber stamp should be affixed.


7.    There should be no overwriting / cuttings. In the event of correction becoming
      necessary, please cut the entry, rewrite and sign.


8.    Tenderers are advised to familiarize themselves about the operational terrain, oil field
      conditions, logistics constraints in the area of operation and any other local problems
      before bidding as the CHAIN TYPE CRAWLER TRACTOR will be required to be
      operated and move from one place to another in such conditions.


9.    Tenderers are advised to quote their rates in the format of Schedules of Rates
      attached herewith. The rates quoted in the schedule by the bidder shall be all
      inclusive., complete, composite and firm for the entire period of contract period
      including the extension period.


10.    The tender shall be submitted only by the tenderer in whose name the tender
      document has been issued.


11.   The tender documents shall be filled in complete in all respects and submitted
      together with requisite information / duly attested documents / EMD. The tenderer
      should strictly adhere to the formats given for submitting the bids. It shall be free
      from any ambiguity, change or inter-lineation. However, if the tenderer wishes to
      furnish additional information with regard to his work, experience and credibility etc.
      he may do so by indicating the same on a separate sheet to be added duly signed by
      him. The tenderers shall set their offers in formed figures and without qualification.
      Each figure stated shall also be repeated in words (for the rates quoted).


12.   Any dispute / difference regarding this tender shall be governed by the Jurisdiction
      of the court situated at Karaikal.




                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                             7


GENERAL TERMS AND CONDITIONS OF THE TENDER
1.   OBJECTIVE OF TENDER

     Objective of this tender is to engage contractor for providing satisfactory level of
     service by providing CHAIN TYPE CRAWLER TRACTOR on Need & Call Basis
     manufactured not more than 10 years from the month of inviting tender to be used in
     Tamil Nadu and Pondicherry States. The Equipment must possess valid insurance .

     Requirement of CHAIN TYPE CRAWLER TRACTOR depends on the scope of the
     work specified in the clause 2. It may increase or decrease depending upon the
     operational needs of ONGC.

2.   BROAD SCOPE OF WORK

     The work under this contract shall include providing of services of CHAIN TYPE
     CRAWLER TRACTOR on Need & Call Basis . The bidder must keep the offered
     crawler Tractor in readiness in all respect and place of deployment of the Crawler
     Tractor will be informed through work order . On receipt of work order the Crawler
     Tractor should report the designated site with in 48 hrs , failing which LD is
     applicable as per clause No.8.0 shall be levied for each day of delay in placement of
     the equipments.

     The chain type Crawler Tractor offered must necessarily have a canopy canvas and
     steel cabin with window glasses and locking facility in neutral position. It should
     have a spark arrestor as per Mines act.

     ONGC may also use the services of Equipment for official purposes beyond the
     operational areas of Karaikal Asset in case of requirement.

     Normally the CHAIN TYPE CRAWLER TRACTOR is required for 12 hours day
     duty .

     THE CHAIN TYPE CRAWLER TRACTOR should be fitted with towing hooks on
     both sides i.e. front and rear. Crawler tractor shall be required for towing / dragging
     drilling equipments, steel machinery mud tanks, electrical equipments, rig mast
     structure, pipes etc, and any other material including transport equipments given by
     the corporation for handling at drill sites.

     The Equipment under contract shall be for exclusive use of ONGC during the contract
     period and shall not be given for any other commercial use whenever deployed at
     ONGC under work order by Logistics to be issued from time to time.




                                                     Signature of Bidder:    ……………………….
                                         Name of authorized signatory:       ………………………
                                                      Status of signatory:   ………………………
                                          Seal of the Tenderer/ Bidder:       …………………….
                                            8


     ONGC will make transport arrangement to the Crawler tractor from one Drill site to
     another Drill site during the hired period at the risk and responsibility of the
     contractor.

     In the previous year around 30 Rig Moves were handled by Logistics section. In each
     Rig Move one Crawler Tractor is used exclusively around 10 to 12 days for Rig
     Move duty depending Rig movement. Normally in a month minimum one Rig Move
     shall be there and maximum of three Rig Moves may occur .

     If the Drilling Section is releasing second or third Drilling Rig simultaneously ,
     additional second and third Crawler Tractor will be hired to meet the Drilling
     requirements . At a time maximum of three Rig moves will be handled.

     While mobilizing / de-mobilizing the Crawler Tractor to our Drill site during hiring /
     de-hiring , ONGC will provided the Crane services for unloading / loading of the
     equipments .

3.   AREA OF WORK
     Normal area of operation of the Equipments will be the State of Tamilnadu and
     Pondicherry.

4.   DURATION OF CONTRACT
     The contract shall be valid for period of 2 (Two) years from the date the contract
     made effective by the ONGC and shall expire after the validity period.

     The period of contract may be extended by ONGC on the same rates, terms and
     condition at its sole discretion up to 1 (One ) year by giving an advance notice for
     extension, 30 days prior to the expiry of the contract.

5.   SUBMISSION OF BIDS

     This being a two bid system the bids are to be submitted in two separate sealed
     envelopes. Envelope No.1 should contain „Unpriced Bid‟ and Envelope No.2 should
     contain` Priced Bid‟ . Both the sealed envelopes 1 and 2 shall be put in a third
     envelope superscribing the tender number and name, also to mention FULL
     ADDRESS OF THE TENDERER.

6    UNPRICED/ TECHNICAL BID (ENVELOPE NO.1)

      This cover should contain following documents / information duly filled in and
      signed   with Rubber stamp / seal of company.

      1. Forwarding letter (Annexure-I) in the party‟s letter head.




                                                    Signature of Bidder:    ……………………….
                                        Name of authorized signatory:       ………………………
                                                     Status of signatory:   ………………………
                                         Seal of the Tenderer/ Bidder:       …………………….
                                       9


2. Acceptance letter in the format at Annexure- II.

3. Declaration as per Annexure. III (with required enclosures).

4. Proof of ownership of minimum 1 no. CHAIN TYPE CRAWLER TRACTOR
   which are not older than ten years from the month of inviting tender along with
   details of the Equipment .

5. Proof of experience such as copy of work order, work completion report etc. in
   providing Crawler Tractor / Transport Equipments / Earth Moving Equipments
   services to any Central / State Government Department, Public Sector
   Undertaking or any other reputed Public / Private Limited Company for atleast
   two years on regular basis as per format at Annexure-IV attested by notary
   public.

6. EMD for an amount of Rs.35,000/- per Crawler Tractor commensurate to number
   Crawler Tractor offered. The EMD shall be in the form of Crossed Demand Draft
   / Bankers Cheque drawn on any nationalized / Scheduled Bank payable at
   Karaikal in favour of F&AO ONGC Karaikal. Bidders may also submit bid bond
   in the form of Bank guarantee in the prescribed format from a nationalized /
   scheduled bank payable at Karaikal in favour of OIL AND NATURAL GAS
   CORPORATION LIMITED Karaikal. EMD submitted in any other form shall
   not be acceptable. (Annexure – IX).

7. All papers of tender document, including Model Contract are to be signed and
   stamped by the bidder in token of acceptance of all terms and conditions of the
   tender.

8. Authority Letter or Power of Attorney of tender authorising the signatory to sign
   the tender document.

9. Certificate as per format at Annexure-VII.

10. Name of partners, partnership deed, address of owners / partners in case of a
    partnership firm. In the case of company, the capacity in which signing.

11. A copy of EPF code No. in respect of your company / firm issued by Provident
    Fund Authorities.

12. Proof of Registered Office along with telephone / fax facility.


7   PRICED BID (ENVELOPE-2).

7.1     Envelope 2 should contain `PRICED BID‟ in the form of Schedule of
    Rates of the tender document. The      envelope should be sealed and



                                               Signature of Bidder:    ……………………….
                                   Name of authorized signatory:       ………………………
                                                Status of signatory:   ………………………
                                    Seal of the Tenderer/ Bidder:       …………………….
                                              10


           superscribed as PRICED BID on the one side with tender number and subject
           clearly written on the other side of envelope should carry the name and address of
           the tenderer.

       7.2 Both envelopes `1‟ and `2‟ shall be put in a third cover which shall be properly
           sealed and superscribed with the tender number, subject and date of opening of
           the tender on one side and with the name and address of the tenderer on the other
           side and addressed to:

                       DY. GENERAL MANAGER (LOGISTICS)
                       ONGC, KARAIKAL ASSET,
                       NERAVY ,KARAIKAL-609 604.


8.     OPENING OF TENDERS

Tenders will be opened at 1500 hrs. on the notified date of the opening of tender in
the office of the Dy. General Manager (Logistics) at the address given above in presence of
tenderers/their authorised representatives who may be present along with their letter of
authority. It may be noted that only Unpriced Bids will be opened on the above mentioned
date.

Unpriced Bids not qualified as per BEC conditions will be rejected. The Price Bid of only
technically qualified bidders will be opened on a specified date and date of opening shall be
intimated to all technically qualified bidders by telefax / fax / registered post. The price bid
shall be opened on such specified date in the presence of those tenderers / their
representatives who may be present along with letter of authority.

9. Minimum offer

9.1   The tender is for hiring of CHAIN TYPE CRAWLER TRACTOR (BD80/180 HP,
      BD65/165 HP, BD50/90 HP ) manufactured not more than ten years from the month
      of inviting tender and the bidder should offer at least one number.

9.2 Your offer (both unpriced & priced bid) must reach this office not later than 1430 hrs.
    of the notified date of closing of tender. Offers sent by hand delivery should be put in
    the Tender Box at this office not later than 1430 hrs. of the closing date. All outstation
    tenders, if sent by post should be sent under Registered Cover. ONGC will not be
    responsible for loss of tender form or for delay in postal transit. Hence, tenderers are
    in their own interest to ensure that their offer reaches this office well in time as the
    offers received after the closing date and time of the tender will not be considered.
    Telex / Telegraphic / Telefax / Xerox / E-Mail offers whether received directly by
    ONGC or submitted by agents will not be considered.

9.3 In case two or more tenders are submitted by a same tenderer, all his / her tenders will
    be rejected.



                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                             11


9.4 ONGC reserves the right to accept or reject any or all tenders or split the work and
    award the work to any number of tenderers as deemed necessary to meet its
    requirement.

9.5 ONGC reserves the right to award the contract simultaneously to more than one
    contractor and also to award only a part of the contract under this tender.

9.6 ONGC reserves the right not to consider the tender of those tenderers whose services
    have been found unsatisfactory in the past against any contract or who have been
    declared black listed by any Central / State Government , Public Sector Undertaking,
    reputed Public Limited Company.

9.7 The tenderer must quote rates in the schedule attached to this tender. Entries in the rate
    schedule shall be written clearly and neatly in figures as well as in words. Over writings
    / cuttings if any must be duly initialed. In the event of a discrepancy between the
    amount stated in figures and words, the rates quoted in words shall be deemed to be
    correct.

9.8 Any addition / alteration / modifications of the tender made by the tenderers on their
    own after opening of the tenders will not be considered and EMD / BG will be forfeited.

9.9 Tenders containing qualifying expressions such as “subject to minimum acceptance or
    subject to availability” etc. shall be liable for disqualification.

9.10 Bid Acceptance / Evaluation Criteria are indicated in bid document Bids not
conforming to the said criteria will lead to rejection of the tender. Kindly ensure that all,
required documents and Annexures are duly completed and submitted in tenders marked
`UNPRICED BID‟.

9.10 Non-judicial stamp paper of requisite value for bid bond, Performance bond and for
    contract agreement shall be the responsibility of the bidder only.

9.11 Canvassing in any form by the tenderer or by any other agency acting on behalf of
    the tenderer shall disqualify the said tenderer. The decision of the ONGC in this regard
    shall be final and binding on the tenderer.



   10. EMD / BID BOND

All tenders must be accompanied by       a Bank Draft in favour of F&AO, ONGC,
payable at Karaikal or Bank Guarantee from a Nationalised / Scheduled Bank as per
proforma at Annexure – X for an amount of Rs 35,00/- ( Rupees Thirty           Five
thousand only) per Crawler Tractor commensurate with number Crawler Tractor offered
by the bidder. No other form of  EMD will    be     accepted.      EMD submitted




                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                             12


against any other tender will not be appropriated against this tender. No interest shall be
payable on EMD.

Bank Guarantee towards BID BOND SHOULD BE VALID FOR 6 calendar months
FROM THE DATE OF OPENING OF TENDER.
Govt. Departments, Public Sector undertakings are exempted from payment of EMD / Bid
Bond.
The Earnest Money / Bid Bond shall be forfeited by ONGC in the following events.

i)     If tender is withdrawn during the validity period or any extension thereof.
ii)    If tender is varied or modified in a manner not acceptable to ONGC during the
       validity period of the contract.
iii)   If a tenderer whose tender has been accepted fails to:

a)      furnish Security Deposit / Performance Bond within 30 days from the date of LOI.
b)      Mobilise the Equipments offered within the mobilisation period stipulated in the
        tender document.

iv)    If the tenderer attempts to procure the contract by furnishing false / incorrect
       documents and by giving false declaration.

The Earnest Money / Bid Bond of unsuccessful bidders will be returned on finalisation of
the tender. The Earnest Money / Bid Bond of successful bidders will be returned on
submission of Performance Bond by them. No interest shall be payable on EMD amount.

11.    OFFERS WITH FAX BID BOND

“ Normally offers received along with Fax Bond shall not be considered. However, ONGC
reserves the right to consider the offer provided it is followed by confirmatory original bid
bond executed in prescribed proforma and legally operative, on or before the date fixed for
opening of unpriced bids and received by tender inviting authority within 10 days of
opening date of unpriced bids.

If bidder fails to submit original bid bond with the same contents as in the Fax Bid Bond
and in accordance with the tender document, irrespective of their status / ranking in tender,
the tender will be rejected and ONGC may consider to debar from participating against its
future tenders.



12.    PERFORMANCE BOND

Successful bidders have to execute an unconditional and irrecoverable Bank guarantee from
a Scheduled / Nationalised      Bank towards security deposit / performance bond in the
form and manner described in Annexure-X for an amount                of 7.5 %       of the
amount of       annual     contract value or shall deposit an amount of 7.5 % of annual



                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                             13


contract value within a period of 30 days from the date of issue of LOI failing which the bid
bond shall be invoked. On receipt of the Performance Bond the bid bond shall be returned
to the bidder. The performance bond shall be valid for a period of six months beyond the
expiry of the contract. The performance bond will be released after the satisfactory
performance of the contract period. No interest shall be paid by ONGC on Performance
Bond. In case the contractor fails to carry out the jobs as per terms and conditions of the
contract, the Security Deposit is liable to be forfeited with out prejudice to any other right
which the Corporation may have under this contract.
13.     VALIDITY OF THE BID

The bid shall be valid for a period of 120 days after opening of tender and shall not be
varied / modified in a manner not acceptable to ONGC during this period or any extension
thereof. Breach of this condition will entail forfeiture of the bid bond by ONGC.
14.     SIGNING OF CONTRACT

Successful bidder shall be required to execute the contract on non-judicial stamp paper of
requisite value (Rs.100/- at present) at his own cost within a period of 30 days from the
date of the placement of LOI as per model contract enclosed with this document. Until the
contract is signed the Letter of Intent and terms and conditions of this tender shall remain
binding on both parties.
15      CLARIFICATIONS / BIDDER’S CONFERENCE

15.1 In Case any clarifications are sought by the parties from ONGC after collection of
tender documents, clarification only in respect of technical requirements of the tender will
be entertained. If ONGC feels it necessary, it may call a Bidder‟s Conference with the
Authorised Representatives of each of the prospective tenderers, who have purchased the
tender form which may be held on a date to be notified.

15.2 . Pre-Bid conference shall be held on 30.11.2004 at 1100 hrs at Conference Hall,
ONGC, Karaikal.          During the Pre-bid conference tenderers shall submit their
clarifications/exception or deviation in writing in the format as enclosed at Annexure X so
as to reach the office of Dy. General Manager-Incharge (Logistics), ONGC, Karaikal Asset,
Karaikal latest by 29.11.2004 upto 13.00 hours. Exception/Deviation received after the
above date will not be considered. Bidders to note that Pre-bid Conference will be used to
clarify the points/interpretations.

16. MOBILISATION OF CRAWLER TRACTORS ( INITIAL MOBILISATION):

i)The offered crawler tractors would be required to be placed/mobilized within 60 (Sixty )
days from the date of issue of LOI at the required site mentioned in LOI. No
mobilization/de-mobilisation charges will be payable by ONGC for initial placement.

ii) ONGC can however extend the period of mobilization for additional 30 days beyond 60
days of the initial mobilization period, but with applicable LD @30% of the operating day
rate, for each day of delay, without forfeiting EMD/BG in case it is satisfied that the delay
was beyond the control of the contractor.



                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                              14


iii) ONGC shall reserve the right to cancel the LOI for those C. Tractor(s) which are not
placed/mobilized within the stipulated mobilization period including the extension period
including forfeiture of the corresponding amount of EMD/BG.

iv)The date on which the dozer is accepted at site after satisfactory Inspection will be
reckoned as the date of placement and mobilization.                 For the purpose of
placement/payment/recovery each tractor/dozer will be dealt separately as a unit. However,
the day rate/hiring charges of tractor/dozer(s) will be regulated from the date/time of
operational deployment of each dozer at the respective site/work centers.

In case the dozers does not pass/qualify in the Inspection/ load test / Road Test, ONGC may
at its sole discretion extend the inspection time subject to the maximum limit of 15 days
from the initial date of inspection. However, in those case, L.D. as mentioned above at
16(ii) will be applicable and shall continue to be leviable until actual date of
placement/acceptance of the crane by ONGC in operational deployment. However, in this
respect the condition stipulated at clause Nos.16(i) & 16(ii) above shall be applicable for the
purpose of initial placement /mobilization.



17.    DELAY IN PLACEMENT

17.01 After successful inspection, the contractor be required to place the equipments in
good working condition with crew etc. on hire with the Corporation at the designated
reporting place latest by 48 hrs on receipt of work order . Failure of the contractor to
comply with the conditions as stated herein above or if equipments placed at the designated
place or carrying the same deficiencies / defects as pointed out by the inspection team at the
time of inspection and the same are not rectified, resulting in non-placement of equipments
within the stipulated period by the successful tenderer, the Corporation shall deduct pro-
rata daily charges @ of 30 % of operating day rate per equipment from the successful
tenderer‟s EMD / hire charges as the case may be for a period of delay not exceeding 7 days
. Delay beyond 7 days may result in cancellation of the offer and forfeiture of EMD.

17.02 The equipment accepted after inspection will be considered on duty / hire with the
Corporation from the date following the date of report for duty at the designated reporting
place in good working condition with crew etc. duly confirmed by authorised Officer of the
Corporation at the concerned reporting place.

17.03 The equipments shall be brought to the reporting place of the Project at the
commencement of the contract and taken back on the completion of the contract period or
on rejection / non-acceptance of an equipment entirely at contractor‟s risk and cost. ONGC
shall bear no cost / responsibility for such transportation.




                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                            15



                                                                                 Section-III


                      BID EVALUATION CRITERIA
A.     TECHNICAL EVALUATION

1.     Scope of work:

       Bidder should confirm their acceptance to the scope of work as detailed in model
       agreement of the tender document.

2.     Ownership Criteria:

       The bidder should be owner of minimum 1 no. of Crawler Type Tractor. The owned
       equipment shall not be more than ten years old from the month of inviting tender .
       In this regard, the bidder shall enclose notarized copy of sale letter /Invoice copy /
       Delivery Chelan from the manufacturer / seller of Crawler Tractor with current
       valid insurance certificate .

3.     Bidders Experience:

       The bidder must have a minimum of 2 years operational experience in providing
       Crawler Tractors / Heavy Transport Equipments / Earth Moving Equipment
       services on regular basis to any State Government/ Central Government/Public
       Sector undertaking / reputed Limited company during the period of last 5 years from
       the last date of submission of bid as specified in the tender or any extensions. Any
       of the following documents has to be submitted in support of the above experience:

     (i)      Contract copy
     (ii)     Copy of confirmatory work order
     (iii)    Copy of valid experience certificate given by the organization where worked.
     (iv)     Copy of valid work completion certificate given by the organization where
              worked.

4.     Specifications of Equipments:

       The offered equipment should meet the specifications given in Annexure – XVII of
       the tender document.
5.     Nos. of equipment Offered:

       The bidder should offer for hire a minimum of 1 no. of equipment. The
       requirement Crawler Tractor depends on the work specified in the scope of
       the work .




                                                     Signature of Bidder:    ……………………….
                                         Name of authorized signatory:       ………………………
                                                      Status of signatory:   ………………………
                                          Seal of the Tenderer/ Bidder:       …………………….
                                             16


6.      Offered equipments Categories & Respective Documents to be submitted:
        Category I: In case offered equipment are owned and in the name of the bidder:

                   The following documents in respect of the offered equipment are to be
                   submitted in the bid:

                   (1) Notarized copy of sale deed from the manufacturer giving details of
                       Chassis No., Engine No, date of purchase and the year of
                       manufacture. or
                   (2) In case the owner has purchased the equipment as old and from the
                       seller other than the manufacturer the following documents are to be
                       submitted:
                   (a) A notorized copy of sale deed from the last owner having complete
                   details of Engine No, Chassis No and year of manufacture and the details
                   of agency from where purchased.

        Category – II: In case the offered equipment are to be purchased new:
                  The following documents in respect of the offered equipment are to be
                  submitted in the bid:

                   (1) Notarized copy of Letter/purchase deed from the manufacturer or its
                       authorized agent stating the details of model and delivery schedule.
                      or
                   (2) The bidder has to give an undertaking that he shall provide the
                       following documents before mobilization of the vehicle:

                           1. Notarized copy of sale certificate from the manufacturer
                              giving details of Chassis No., Engine No ,date of purchase
                              and the year of manufacture.

       Category-III: In case offered equipments are under lease agreement from the
                     registered owners:
The following documents in respect of the offered equipment are to be submitted in the bid:
       1)_Notarized copy of sale certificate from the manufacturer giving details of Chassis
       No., Engine No ,date of purchase and the year of manufacture.

        2.)Notarized copy of Lease agreement with the registered owner on a non-judicial
        stamp paper of value Rs.100/-. The agreement should state the declaration /
        willingness of the owner that their vehicles shall be available for ONGC operations
        only, through out the currency of the contract as per the format enclosed (Annexure
        XI).

Note:
        In all the above categories, in case the bidder wants to provide equipments, which
        are registered in states other than the state where the vehicles are to be deployed,
        then the bidder has to submit one undertaking in non-judicial stamp paper that the


                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                             17


        registration book and insurance policy are genuine and have been obtained on the
        basis of genuine documents. In case at any later stage, it is found to be incorrect/
        based on non-genuine documents then ONGC may take severe action including but
        not limited to any numbers or all of following: termination of contract, forfeiture of
        EMD and/or SD, debarring to participate in future tenders, legal prosecution
        (Annexure – XIV).

7.      Year of Manufacture:

        The offered equipments Crawler Type Tractors should be manufactured not earlier
        than 10 years from the month of inviting tender. The bidder shall submit the
        notarized copy of sale deed/purchase deed/lease agreement (which ever is
        applicable) issued from the concerned authority in support of year of manufacturer
        (YOM).

8.      Initial Mobilization:

        Bidders shall furnish an undertaking that; they will mobilize the offered equipment
        Crawler type tractors within 60 days of issue of LOI. However, extension of the
        mobilization period can be considered, at the sole discretion of ONGC on merit of
        the case for a period of 30 days with applicable LD at the rate of 30 % of the
        operating day rate worked out on Pro-rata basis of delay as mentioned in clause of
        the tender document. Bids with mobilization period, more than 90 days from the
        date of issue of LOI will not be considered by ONGC. ONGC shall have the right to
        cancel the LOI / terminate the contract and forfeit the EMD in case the delay is more
        than 90 days. No further correspondence in this regard shall be entertained by
        ONGC. Bidder must confirm acceptance to the same (Annexure XVI).

           B.     COMMERCIAL EVALUATION & GENERAL CLAUSES

     9. EMD:

        The Bidders are required to submit EMD of Rs. 35,000/- per Crawler Tractor
        offered commensurate with number Crawler Tractor offered . The EMD shall be in
        the form of Crossed Demand Draft / Bankers Cheque drawn on any nationalized /
        Scheduled Bank payable at Karaikal in favour of F&AO ONGC Karaikal. Bidders
        may also submit bid bond in the form of Bank guarantee in the prescribed format
        from a nationalized / scheduled bank in favour of OIL AND NATURAL GAS
        CORPORATION LIMITED Karaikal. EMD submitted in any other form shall not
        be acceptable. (Annexure – IX)

     10. Validity of Bid
         The offer should have a validity of 120 days from the date of opening of techno –
         commercial bid.




                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                           18


11.       The Bidder shall confirm their specific acceptance of following tender clauses
          without any Exception/deviation:
         (i)    EMD
         (ii)   Submission of Security deposit.
         (iii)  Failure and Termination.
         (iv)   Force Majeure.
         (v)    Law and Jurisdiction.
         (vi)   Liquidated damage clause.
         (vii) Arbitration
         (viii) Mobilization of Vehicle / equipment.
      The acceptance to be given in Annexure - V for this purpose.

12. The bid should be submitted under two-bid system as specified under Instruction to
    Bidders herein this tender document.

13. The bid should be submitted in the name of the bidder only to whom the tender
    document has been issued. The forwarding letter in original, for the issue of the bid
    document, duly signed by the tender issuing officer, should be enclosed by the
    bidder along with the offer as a proof of purchase of bid document.

14. All pages of bid-document, including duly filled in Annexure-V or any other
    enclosure, must be signed by the bidder or his authorized representative, as a token
    of acceptance of all the terms and conditions contained therein. The tender should be
    submitted within the scheduled due date and time declared after the pre bid
    conference.

15. The bidder shall clearly indicate their legal constitution e.g. Proprietor ship / partner
    ship company / Cooperative Society / Trust etc. and submit the copy of certificate of
    incorporation/registration in case of companies, duly registered partnership deed in
    case of partnership firm, registered deed in case of trusts and certificate from
    registrar of co-operative society in case of co-operative society.

16. The bidder must have an office with regular Telephone connection at Karaikal /
    Nagapattinam / Tiruvarur or submit an undertaking that he/they shall establish an
    office with telephone connection at Karaikal/ Nagapattinam/ Tiruvarur within 30
    days from date of issue of LOI. The bidder shall submit the duly notarized copy of
    recent telephone bill for proof of office & telephone connection (Annexure –VIII).
17. The bidder shall clearly certify / declare that he was never blacklisted by any of the
    Central/State Govt./Public Sector undertaking. The Confirmation to be given in the
    Annexure – VII for this purpose.

18. In pursuant to Sec. 297 of the companies Act 1956, the bidder shall have to give
    declaration as per Annexure - VI whether he/they is/are related to any of the
    Directors of ONGC. It is clarified that any affirmative certificate shall not by itself
    prejudice consideration of the bid. The certificate must accompany the bid.




                                                    Signature of Bidder:    ……………………….
                                        Name of authorized signatory:       ………………………
                                                     Status of signatory:   ………………………
                                         Seal of the Tenderer/ Bidder:       …………………….
                                            19


   19. Bidder should submit the following documents along with the techno-commercial
       bid:-

(i) An affidavit in the format given at Annexure- XV of the tender document on a non-
    judicial stamp paper of Rs.20/- (This includes the details of the documents submitted by
    the bidder along with an undertaking for the authenticity of the documents/information
    provided).

   20. ONGC normally will not give any price preference for newer C. Tractor i.e. if the
       qualifying year of manufacturer of offered C. Tractor is 2000, then C. Tractor of
       2000, 2001, 2002 etc. will be treated at par and rate will be the deciding factor.
       However, in case same rate is received from different bidders, ONGC may give
       preference to newer C. Tractors.

   21. Pre-Bid Conference:

       Bidders are required to depute authorized senior executive to attend the pre-bid
       conference. Pre-bid conference will be arranged to clarify bidders about our
       procedures /formalities, freeze various specifications, terms and conditions of the
       tender before closing of technical bid and discuss issues raised by the bidders.
       Bidders to note that as per NIT, any clarification/ exceptions/deviations to bidding
       document are to be sorted out during pre-bid conference. Bidders to confirm
       unconditional compliance to all clarifications/ confirmations/modifications etc.
       issued by ONGC after pre-bid conference. An undertaking to this effect has to be
       submitted by the bidder along with techno-commercial bid Annexure – XIII).
   22. The successful bidder shall bear all the taxes, levies imposed on the contractor & its
       personnel as applicable from time to time e.g. Income tax, corporate tax, service tax
       etc.
   23. Incomplete, incorrect, conditional or vague bids will not be entertained and shall be
       liable for rejection.
   24. Telex / Telegraphic / Fax / Xerox / Photocopies of the offers will be rejected.
   25. This BEC over – rides all other similar clauses operating anywhere in the Bid
       document.

   26. Bidders shall be required to produce all the documents in original if asked by
       ONGC, prior to placement of LOI. These are to be submitted within the time
       allowed by ONGC. Any failure and or delay to produce the original documents as
       asked by ONGC will make the bid liable for rejection with or without forfeiture of
       EMD.

   27. Bid Submission Matrix:

       Commercial and technical matrices are enclosed in the tender document along with
       BEC , it is to be replied in yes/no, agreed/ not agreed and to be filled in with the
       reference page no. of their un-priced bid by the bidders. Bidder should submit these




                                                     Signature of Bidder:    ……………………….
                                         Name of authorized signatory:       ………………………
                                                      Status of signatory:   ………………………
                                          Seal of the Tenderer/ Bidder:       …………………….
                                              20


         matrices duly filled in along with the techno-commercial bid, failing which their
         offer will be rejected.

   28. Bidders to note that failure to furnish all information required in the bidding
       document or submission of bid not substantially responsive to the bidding
       documents in every respect will be at the bidder's risk and shall result in the
       rejection of its bid. ONGC shall not be seeking any clarification from the bidders
       after opening of the techno-commercial bid. Incomplete, conditional or vague bids
       indicating exceptions /deviations to the conditions will be rejected.

   29. Bidder should either submit valid EPF code no.(along with supporting documentary
       evidence thereof attested by notary public) or submit an undertaking to produce the
       same, if applicable, subsequent to award of contract within 30 days of issue of LOI
       and before the signing of the contract, failing which bidder's EMD/SD will be
       forfeited and contract be cancelled.

   30. ONGC is not bound to accept the lowest offer and reserve to itself all rights to reject
       any or all offers without assigning any reason thereof

C FINANCIAL EVALUATION CRITERIA

The Financial Evaluation will be done separately on the basis of rate quoted as per the
following criteria:

         HIRING OF CRAWLER TRACTOR ON NEED & CALL BASIS

   PRICE BID- SCHEDULE:

Rates to be quoted by bidder
(BD-80 / BD-65 / BD-50 CHAIN TYPE CRAWLER TRACTOR)

         S.NO Description of Services                    Rate
                                                        For 12 Hrs Duty
         1.         Daily charges for each tractor with Rs.
                    operating crew for 12 hr daily
                    duty(inclusive of 1 hr lunch /tea
                    Break )

The lowest (L-1) rate shall be evaluated based on the lowest offer of the
bidders.

Note:-

   Price Evaluation Criteria

              (1)    The above charges are all inclusive including wages of crew
                     (driver/cleaner etc), fuel, repair and maintenance, taxes, levies or any


                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                           21


                other cost borne by the contractor etc and shall remain firm during the
                currency of the contract . No other charges shall be payable by ONGC.
         (2)    The bids will be evaluated based on lowest (L-1) rate quoted by the
                bidders in the schedule of rates given in the tender.
         (3)    The bidders will not indicate separate discount. Discount if any should be
                merged in the quoted rates. Discount of any type indicated separately will
                not be taken into account for evaluation purpose. In case however the
                bidder is evaluated as lowest bidder (without considering discount
                referred herein) and contract is awarded by ONGC in that case ONGC
                will place LOI considering the quoted discount and will avail the
                discount while actually paying for the rendered services.
         (4)    In case the lowest evaluated bidder (L-1) is not able to offer the total
                number of vehicles as specified in the tender, then the left out number of
                vehicles may be offered to the second lowest (L-2) bidder subject to
                matching of their rates with that of the L-1 bidder. In case the L-2 bidder
                is also unable to meet the left out requirement of vehicles or refuses to
                match the rate with L-1 bidder then the left out number from L-2 bidder
                can be offered to the L-3 bidders subject to matching of their rates with
                that of the L-1 bidder. This process will continue till the total tender
                quantity is exhausted.

D       GENERAL

(i)      ONGC reserves the right to reject / accept any / all tenders in full / part without
         assigning any reasons whatsoever.
(ii)     Prices should be quoted in indelible ink. Writing in pencil will not be accepted.
(iii)    The bidder/contractor is prohibited to canvass, offer any service/benefit of any
         manner to any employee of ONGC. In case, it is found that the tenderer has
         indulged in above activities at any stage, the contractor/bidder may suffer
         summary termination of the contract with forfeiture of SD even after award of
         contract /disqualification with forfeiture of EMD as the case may be.




                                                    Signature of Bidder:    ……………………….
                                        Name of authorized signatory:       ………………………
                                                     Status of signatory:   ………………………
                                         Seal of the Tenderer/ Bidder:       …………………….
                                            22



                               MATRIX
                B.E.C. TECHNO-COMMERCIAL CONDITIONS

TENDER NO. :          VL2RC04003
REF NO:               KKL/KA/TPT/CRAWLER TRACTOR/2004-2005

 BEC                 B.E.C. Conditions                          (To be filled-in by Bidder)
Clause                                                      Compliance by the bidder        Placed at
 No.                                                                                         Sl. No.

A –1      Scope of work:                              Indicate YES/NO in the box below:

          Bidder should confirm their acceptance
          to the scope of work as detailed in model
          agreement of the tender document.

A–2       Ownership Criteria:                         Indicate YES/NO in the box below:

          The bidder should be owner of minimum
          1 nos. of Crawler Tractor. The owned
          equipments shall not be more than Ten       (Annexure XII to be submitted duly
          years old from the month of inviting        filled up along with submission of
          tender .                                    Crawler Tractor documents)
          In this regard, the bidder shall enclose
          notarized copy of valid sale deed /
          purchase agreement with valid insurance
          certificate.
 A-3      Bidders Experience:                         Indicate YES/NO in the box below:

          The bidder must have a minimum of 2
          years inline operational experience in
          providing the Crawler Tractor / Heavy (Annexure III & IV to be submitted
          Transport Equipments / Earth Moving duly filled up)
          Equipment services to any state
          government/central government /Public
          Sector undertaking / reputed Limited
          company during the period of last 5 years
          from the last date of submission of bid as
          specified in the tender or any extensions.
          Any of the following documents has to
          be submitted in support of the above
          experience:
             (i)      Contract copy



                                                     Signature of Bidder:    ……………………….
                                         Name of authorized signatory:       ………………………
                                                      Status of signatory:   ………………………
                                          Seal of the Tenderer/ Bidder:       …………………….
                                             23


            (ii) Copy of confirmatory work
                 order
         (iii)   Copy of valid experience
                 certificate given by the
                 organization where worked.
         (iv)    Copy of valid work
                 completion certificate given
                 by the organization where
                 worked
A–4   Specifications of Crawler Tractors:     Indicate YES/NO in the box below:

      The offered Crawler Tractors should
      meet the specifications given in
      Annexure – XVII of the tender
      document.
A–5   Nos. of Crawler Tractors Offered:   Indicate YES/NO in the box below:

      The bidder should offer for hire a
      minimum of 1 nos. of Crawler Tractors .
      The maximum requirement is depends on (Annexure XII to be submitted duly
      the volume of the work.                 filled up along with submission of
                                              Crawler Tractor documents)
A–6   Offered Crawler Tractors Categories Indicate YES/NO in the box below:
      & Respective Documents to be
      submitted:

      Category I: In case offered Crawler (Annexures XII & XI to be submitted
      Tractors are owned and registered in the duly filled up along with submission
      name of the bidder:                      of Crawler Tractor documents)

      The following documents in respect of
      the offered Crawler Tractors are to be
      submitted in the bid:

      (1)          Notarized copy of sale deed.
      (2)          Notarized copy of       insurance
                   certificate.

      Category – II:        In case the offered
      Crawler Tractors are to be purchased
      new:
      The following documents in respect of
      the offered Crawler Tractors are to be
      submitted in the bid:
      (1)    Notarized copy of Letter/purchase
             deed from the manufacturer or its


                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                        24


              authorized agent stating the
              details of model and delivery
              schedule.
     (2)      The bidder has to give an
              undertaking that he shall provide
              the following documents before
              mobilization of the Crawler
              Tractor:
         (i) Notarized Copy of sale deed.
         (ii) Notarized copy of insurance .
     Category-III: In case offered Crawler
     Tractors are under lease agreement
     from the registered owners:
     The following documents in respect of
     the offered Crawler Tractors are to be
     submitted in the bid:

     (1)    Notarized copy of sale deed of
            the offered Crawler Tractors.

     (2)    Notarized copy      of   insurance
            certificate.

     (3)    Notarized     copy     of     Lease
            agreement with the registered
            owner on a non-judicial stamp
            paper. The agreement should
            state the declaration / willingness
            of the owner that their Crawler
            Tractors shall be available for
            ONGC operations only, through
            out the currency of the contract as
            per     the    format     enclosed
            (Annexure XI).

A7   Year of Manufacture:                         Indicate YES/NO in the box below:

     The offered Crawler Tractors should be
     manufactured not earlier than 10 years
     from the month of inviting tender . The
     bidder shall submit the notarized copy of
     sale deed/purchase deed/lease agreement
     (which ever is applicable) issued from
     the concerned authority in support of
     year of manufacturer (YOM)




                                                 Signature of Bidder:    ……………………….
                                     Name of authorized signatory:       ………………………
                                                  Status of signatory:   ………………………
                                      Seal of the Tenderer/ Bidder:       …………………….
                                        25



A8    Initial Mobilization:                       Indicate YES/NO in the box below:

      Bidders shall furnish an undertaking that;
      they will mobilize the offered Crawler
      Tractors within 60 days of issue of LOI. (Annexure XVI to be submitted)
      However, extension of the mobilization
      period can be considered, at the sole
      discretion of ONGC on merit of the case
      for a period of 30 days with applicable
      LD at the rate of 30 % of the operating
      day rate of delay as mentioned in clause
      of the tender document. Bids with
      mobilization period, more than 90 days
      from the date of issue of LOI will not be
      considered by ONGC. ONGC shall have
      the right to cancel the LOI / terminate the
      contract and forfeit the EMD in case the
      delay is more than 90 days. No further
      correspondence in this regard shall be
      entertained by ONGC. Bidder must
      confirm acceptance to the same
      (Annexure XVI).
B–9   EMD:                                        Amount: ………………………

      The Bidders are required to submit EMD      EMD in the form of: DD/ Banker‟s
      of Rs.35,000/- per       Crawler Tractor    Cheque / Bank Guarantee
      commensurate with number of Crawler
      Tractor offered. The EMD shall be in        DD/ Banker‟s Cheque/ BG No.:
      the form of Crossed Demand Draft /          …………………. dated …………...
      Bankers Cheque drawn on any
      nationalized / Scheduled Bank payable at    If BG, its validity: …………………
      Karaikal in favour of F&AO ONGC
      Karaikal Bidders may also submit bid        Issuing Bank: ………………………
      bond in the form of Bank guarantee in
      the prescribed format from a nationalized   ……………………………………..
      / scheduled bank in favour of OIL AND
      NATURAL GAS CORPORATION                     If BG, whether it conforms to
      LIMITED Karaikal. EMD submitted in          prescribed format at Annexure – IX –
      any other form shall not be acceptable      bidder to indicate YES/NO in the box
                                                  below:




                                                 Signature of Bidder:    ……………………….
                                     Name of authorized signatory:       ………………………
                                                  Status of signatory:   ………………………
                                      Seal of the Tenderer/ Bidder:       …………………….
                                       26


B10   Validity of Bid                            Indicate whether the bid is valid for
                                                 120 days in the box below:
      The offer should have a validity of 120
      days from the date of opening of techno
      – commercial bid

B11   The Bidder shall confirm their specific Indicate YES/NO in the box below:
      acceptance of following tender clauses
      without any Exception/deviation:
                  (i)     EMD
                  (ii)    Submission          of (Annexure V to be submitted)
                          Security deposit.
                  (iii) Failure              and
                          Termination.
                  (iv)    Force Majeure.
                  (v)     Law and Jurisdiction.
                  (vi)    Liquidated     damage
                          clause.
                  (vii) Arbitration
                  (viii) Mobilization         of
                          Crawler Tractor.
      The acceptance to be given in Annexure -
      V for this purpose.
B12   The bid should be submitted under two- Indicate YES/NO in the box below:
      bid system as specified under Instruction
      to Bidders herein this tender document


B13   The bid should be submitted in the name Indicate YES/NO in the box below:
      of the bidder only to whom the tender
      document has been issued. The
      forwarding letter in original, for the issue
      of the bid document, duly signed by the
      tender issuing officer, should be enclosed
      by the bidder along with the offer as a
      proof of purchase of bid document.

B14   All pages of bid-document, including Indicate YES/NO in the box below:
      duly filled in Annexure or any other
      enclosure, must be signed by the bidder
      or his authorized representative, as a
      token of acceptance of all the terms and
      conditions contained therein. The tender
      should be submitted within the scheduled
      due date and time declared after the pre
      bid conference.


                                                Signature of Bidder:    ……………………….
                                    Name of authorized signatory:       ………………………
                                                 Status of signatory:   ………………………
                                     Seal of the Tenderer/ Bidder:       …………………….
                                            27



     B15   The bidder shall clearly indicate their Indicate YES/NO in the box below:
           legal constitution e.g. Proprietor ship /
           partner ship company / Cooperative
           Society / Trust etc. and submit the copy
           of certificate of incorporation/registration
           in case of companies, duly registered
           partnership deed in case of partnership
           firm, registered deed in case of trusts and
           certificate from registrar of co-operative
           society in case of co-operative society

     B16   The bidder must have an office with Indicate YES/NO in the box below:
           regular Telephone connection at Karaikal
           / Nagapattinam / Tiruvarur or submit an
           undertaking that he/they shall establish
           an office with telephone connection at (Annexure XII to be submitted)
           Karaikal/    Nagapattinam/      Tiruvarur
           within 30 days from date of issue of LOI.
           The bidder shall submit the duly
           notarized copy of recent telephone bill
           for proof of office & telephone
           connection (Annexure – VIII)

     B17   The bidder shall clearly certify / declare Indicate YES/NO in the box below:
           that he was never blacklisted by any of
           the Central/State Govt./Public Sector
           undertaking. The Confirmation to be
           given in the Annexure – VII for this (Annexure VII to be submitted)
           purpose

     B18   In pursuant to Sec. 297 of the companies Indicate YES/NO in the box below:
           Act 1956, the bidder shall have to give
           declaration as per Annexure - VI whether
           he/they is/are related to any of the
           Directors of ONGC. It is clarified that (Annexure VI to be submitted)
           any affirmative certificate shall not by
           itself prejudice consideration of the bid.
           The certificate must accompany the bid.

     B19   Bidder should submit the following Indicate YES/NO in the box below:
           documents along with the techno-
           commercial bid:-
a.               An affidavit in the format given at
                 Annexure- XV of the tender (Affidavit on Non Judicial Stamp
                 document on a non-judicial stamp Paper as per Annexure XV to be


                                                     Signature of Bidder:    ……………………….
                                         Name of authorized signatory:       ………………………
                                                      Status of signatory:   ………………………
                                          Seal of the Tenderer/ Bidder:       …………………….
                                       28


            paper of Rs.20/- (This includes submitted)
            the details of the documents
            submitted by the bidder along
            with an undertaking for the
            authenticity       of        the
            documents/information provided).

B20   ONGC normally will not give any price Indicate YES/NO in the box below:
      preference for newer Crawler Tractors
      i.e. if the qualifying year of manufacturer
      of offered Crawler Tractors is 2000, then
      Crawler Tractors of 2000, 2001, 2002
      etc. will be treated at par and rate will be
      the deciding factor. However, in case
      same rate is received from different
      bidders, ONGC may give preference to
      newer Crawler Tractors.

B21   Pre-Bid Conference:                        Indicate YES/NO in the box below:

      Bidders are required to depute authorized
      senior executive to attend the pre-bid
      conference. Pre-bid conference will be (Annexure XIII to be submitted)
      arranged to clarify bidders about our
      procedures /formalities, freeze various
      specifications, terms and conditions of
      the tender before closing of technical bid
      and discuss issues raised by the bidders.
      Bidders to note that as per NIT, any
      clarification/ exceptions/deviations to
      bidding document are to be sorted out
      during pre-bid conference. Bidders to
      confirm unconditional compliance to all
      clarifications/
      confirmations/modifications etc. issued
      by ONGC after pre-bid conference. An
      undertaking to this effect has to be
      submitted by the bidder along with
      techno-commercial bid Annexure – XIII)

B22   The successful bidder shall bear all the Indicate YES/NO in the box below:
      taxes, levies imposed on the contractor &
      its personnel as applicable from time to
      time e.g. Income tax, corporate tax,
      service tax etc.




                                                Signature of Bidder:    ……………………….
                                    Name of authorized signatory:       ………………………
                                                 Status of signatory:   ………………………
                                     Seal of the Tenderer/ Bidder:       …………………….
                                          29




B23   Incomplete, incorrect, conditional or Indicate YES/NO in the box below:
      vague bids will not be entertained and
      shall be liable for rejection


B24   Telex / Telegraphic / Fax / Xerox / Indicate YES/NO in the box below:
      Photocopies of the offers will be rejected



B25   This BEC over – rides all other similar Indicate YES/NO in the box below:
      clauses operating anywhere in the Bid
      document


B26   Bidders shall be required to produce all Indicate YES/NO in the box below:
      the documents in original if asked by
      ONGC, prior to placement of LOI. These
      are to be submitted within the time
      allowed by ONGC. Any failure and /or
      delay to produce the original documents
      as asked by ONGC will make the bid
      liable for rejection with or without
      forfeiture of EMD

B27   Bid Submission Matrix:                        Indicate YES/NO in the box below:

      Commercial and technical matrices are
      enclosed in the tender document along
      with BEC is to be replied in yes/no,
      agreed/ not agreed and to be filled in with
      the reference page no. of their un-priced
      bid by the bidders. Bidder should submit
      these matrices duly filled in along with
      the techno-commercial bid, failing which
      their offer will be rejected

B28   Bidders to note that failure to furnish all Indicate YES/NO in the box below:
      information required in the bidding
      document or submission of bid not
      substantially responsive to the bidding
      documents in every respect will be at the
      bidder's risk and shall result in the
      rejection of its bid. ONGC shall not be


                                                   Signature of Bidder:    ……………………….
                                       Name of authorized signatory:       ………………………
                                                    Status of signatory:   ………………………
                                        Seal of the Tenderer/ Bidder:       …………………….
                                         30


      seeking any clarification from the bidders
      after opening of the techno-commercial
      bid. Incomplete, conditional or vague
      bids indicating exceptions /deviations to
      the conditions will be rejected

B29   Bidder should either submit valid EPF Indicate YES/NO in the box below:
      code     no.(along     with    supporting
      documentary evidence thereof attested by
      notary public) or submit an undertaking
      to produce the same, if applicable,
      subsequent to award of contract within
      30 days of issue of LOI and before the
      signing of the contract, failing which
      bidder's EMD/SD will be forfeited and
      contract be cancelled
B30   ONGC is not bound to accept the lowest Indicate YES/NO in the box below:
      offer and reserve to itself all rights to
      reject any or all offers without assigning
      any reason thereof




                                                  Signature of Bidder:    ……………………….
                                      Name of authorized signatory:       ………………………
                                                   Status of signatory:   ………………………
                                       Seal of the Tenderer/ Bidder:       …………………….
                                              31


                                                                                  Section - IV

                                       MODEL AGREEMENT

        This Contract made this day…………of………….2004 between Oil and Natural
Gas Corporation Limited, a Company incorporated under the Companies Act, 1956, having
its Registered Office at Jeevan Bharathi, Tower-II, 124 Indira Chowk, New Delhi-110 001
and Southern Regional Business Centre, Office at CMDA Towers, No.8 Gandhi Irwin road,
Egmore, Chennai 600 008 and Karaikal Asset Office at Neravy, Karaikkal (hereinafter
referred to as “ONGC”) which expression where the contract so requires or admits be
deemed to include its executors, successors, Administrators and permitted assignees on the
one part and M/s……………………………… having its Registered Office at
………………………..(hereinafter referred to as “Contractor”) which expression where the
contract so requires or admits be deemed to include its Executors, Administrators,
Successors and permitted assignees on the other part.

Whereas ONGC is desirous of having a contract for hiring of CHAIN TYPE CRAWLER
TRACTOR ON NEED & CALL BASIS and have invited tenders vide its Tender No
KKL/KA/TPT/CRAWLER TRACTOR/04-05 for the execution of the same vide LOI
No.     ….. dtd: --------- and whereas the contractor has indicated its willingness vide his
letter dated No.---------- dt: ---------- to undertake such work and as such participated in the
tender knowing fully well the need, requirement, urgency and conditions of the area of
operations of ONGC.

It is hereby agreed as below:

1.     DEFINITIONS:
1.1    ‘Corporation’ means Oil and Natural Gas Corporation Limited, a Company
       registered under Companies Act, 1956, with its Registered Office at New Delhi,
       Regional Office at Chennai, Tamilnadu, and Project Office at Neravy, Karaikkal,
       which expression where the contract so requires or admits be deemed to include its
       executors, successors, administrators and permitted assignees.

1.2    „Contractor‟ means an individual, registered co-operative society, Partnership firm
       or company among successful tenderers to whom the contract is awarded against the
       tender and include its legal heirs permitted assignees or the successors and all the
       persons deputed by the contractor in connection with the work under the contract.

1.3    „Contract’ means formal agreement executed between ONGC and the contractor
       including the attached terms and conditions as well as the schedule(s) of the rates.

1.4    „Equipment’ „CHAIN TYPE CRAWLER TRACTOR‟ means a Crawler type
       tractor having fly wheel BHP 90, 165, 180, fitted with towing hooks on both sides
       (front and rear). Tractors of original make, design and manufacturer of recent origin
       which have been originally manufactured by, like BEML, Cat D-6, D-7, D-8,
       Russian C-80, C-100, etc not more than Ten years from the month of inviting tender.


                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                            32


       (chain type crawler tractor without dozing arrangements also acceptable) will only
       be accepted.

1.5    ‘Driver’ means paid driver of the contractor deployed on the hired Equipment and
       in possession of valid professional driving license not less than 3 years old.

1.6    ‘Schedule of Rates’ means Schedule - A attached with this Agreement.

1.7    „Un-authorised Passenger‟ means any passenger travelling in the Equipment
       without due authority of ONGC.

1.8    „Standing charges / Fixed charges / Standby charges’ means charges for keeping
       the Equipment available at the disposal of ONGC, whether being used or not.

1.9    „Area of operation’ means area / place connected with the activities of Oil and
       Natural Gas Corporation Limited in Tamilnadu and Pondicherry.

1.10   „Day‟ means any day starting from 0730 hrs. to 1930 hrs.

1.11   „Hour‟ means an hour of 60 minutes. For the purpose of charges, fraction of an
       hour upto 30 minutes will not be taken into account and more than 30 minutes will
       be treated as one full hour.

1.12   „Month’ means a calendar month i.e. from any date of a month to the preceding date
       of the next month.

1.13   „Area of working location‟ means Corporation‟s operational field within the
       operational area of the Project.

1.14   „Reporting Place’ means operational site within the area of working location, where
       the Equipment will generally report for duty. Reporting place can be changed at any
       time during the currency of the contract.

1.15   Daily working hours for duty shall normally start at 0730 hrs. or the time given by
       the authorised officer of the Corporation. The tractor must work even after 12 hours
       in case of emergencies / exigency of work as determined by site in-charge and no
       separate payment shall be made for this extra period.

1.16   ‘Pro-rata hourly rate’ means the rate arrived at by dividing fixed daily charges by
       12 hours.

1.17   ‘Authorised Officer‟ means an officer of the Corporation belonging to the transport
       section of the Project or any officer in charge of the working location / operational
       site, but not below the rank of Transport Officer or equivalent.




                                                     Signature of Bidder:    ……………………….
                                         Name of authorized signatory:       ………………………
                                                      Status of signatory:   ………………………
                                          Seal of the Tenderer/ Bidder:       …………………….
                                             33



2.0    PERIOD OF CONTRACT

      The contract shall be valid for period of 2 (Two) years from the date the contract
      made effective by the ONGC and shall expire after the validity period.

      The period of contract may be extended by ONGC on the same rates, terms and
      condition at its sole discretion by another 1 (one ) year by giving an advance notice
      for extension, 30 days prior to the expiry of the contract.


3.      SCOPE OF WORK

      The work under this contract shall include providing of services of CHAIN TYPE
      CRAWLER TRACTOR on Need & Call Basis . The bidder must keep the offered
      crawler Tractor in readiness in all respect and place of deployment of the Crawler
      Tractor will be informed through work order . On receipt of work order the Crawler
      Tractor should report the designated site with in 48 hrs , failing which LD is
      applicable as per clause No.8.0 shall be levied for each day of delay in placement of
      the equipments.

      The chain type Crawler Tractor offered must necessarily have a canopy canvas and
      steel cabin with window glasses and locking facility in neutral position. It should
      have a spark arrestor as per Mines act.

      ONGC may also use the services of Equipment for official purposes beyond the
      operational areas of Karaikal Asset in case of requirement.

      Normally the CHAIN TYPE CRAWLER TRACTOR is required for 12 hours day
      duty .

      THE CHAIN TYPE CRAWLER TRACTOR should be fitted with towing hooks on
      both sides i.e. front and rear. Crawler tractor shall be required for towing / dragging
      drilling equipments, steel machinery mud tanks, electrical equipments, rig mast
      structure, pipes etc, and any other material including transport equipments given by
      the corporation for handling at drill sites.

      The Equipment under contract shall be for exclusive use of ONGC during the contract
      period and shall not be given for any other commercial use whenever deployed at
      ONGC under work order issued by Logistics from time to time..

      ONGC will make transport arrangement to the Crawler tractor from one Drill site to
      another Drill site during the hired period at the risk and responsibility of the
      contractor.




                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                              34


       In the previous year around 30 Rig Moves were handled by Logistics section. In each
       Rig Move one Crawler Tractor is used exclusively around 10 to 12 days for Rig
       Move duty depending the Rig movement. Normally in a month minimum one Rig
       Move shall be there and maximum of three Rig Moves will may occur.

       If the Drilling Section is releasing second or third Drilling Rig simultaneously ,
       additional second and third Crawler Tractor to be hired to meet the Drilling
       requirements . At a time maximum of three Rig moves will be handled.

       While mobilizing / de-mobilizing the Crawler Tractor to our Drill site during hiring /
       de-hiring , ONGC will provided the Crane services for unloading / loading of the
       equipments .

4. AREA OF WORK

       The areas of operation shall be the operational areas of Karaikal Asset of ONGC with
       Base Office at Neravy, Karaikal and work locations scattered in Tamilnadu &
       Pondicherry States starting from Karaikal in Pondicherry to Ramanathapuram District
       in Tamilnadu. New areas may also be added after geo-physical survey. The tenderer
       should familiarize himself with all the work sites of ONGC and the terrain before
       binding.

       Normally the Equipments will be required to be used within limits of Tamilnadu &
       Pondicherry.

5.     GENERAL   CONDITIONS                 AND       RESPONSIBILITIES            OF      THE
      CONTRACTOR

5.1     The contractor will be required to supply Equipments conforming to the
        specification given by ONGC on hire, as and when required by ONGC. The
        Equipments will be accepted only after thorough inspection. No compensation will
        be paid for Equipments which fail during inspection.

5.2     For quoting rates contractor is requested to take into account all fluctuations in price
        for the entire period of contract. No claim will be entertained on ground of
        escalation of price after the signing of the contract or during the currency of the
        contract period .

5.3     On receipt of instructions from Corporation‟s Office for any job under this contract,
        the contractor shall be required to ensure prompt compliance and completion of the
        job within the stipulated period.

5.4     The contractor shall be required to maintain the Equipment in absolutely clean and
        working condition. If the Equipment develops any defect while on duty, the
        contractor shall immediately replace it by a suitable Equipment (S), ONGC may,
        however, make alternate arrangement at the risk and cost of the contractor and in



                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                            35


       such cases, the additional expenditure incurred, if any will be recovered from the
       contractor. In case alternate arrangements are not made, payment to the contractor
       will be made only upto the date and place of the utilisation of his Equipment (s).

5.5    In case any Equipment is withdrawn from duty by the contractor or if the contractor
       fails to provide a Equipment or the Equipment(s) supplied is not in an acceptable
       condition, no payment shall be made to the contractor for such day / days against
       that Equipment(s) and ONGC shall have the discretion to make alternate
       arrangement from wherever possible at short notice at the risk and cost of the
       contractor.    Any additional expenditure so incurred/loss sustained by the
       Corporation in making such alternative arrangement shall be recovered from
       Contractor‟s pending bills, Security Deposit without prejudice to any other right.

5.6    The contractor shall provide proper tools to each Equipment at all times.

5.7    The contractor / his employees should follow strictly the Motor Equipment Act /
       Motor Equipment Rules and abide by all labour rules applicable whether State or
       central. The contractor agrees to indemnify and hold ONGC and its employees
       harmless against any loss, compensation expenditure and claims penalty, etc., due to
       non-fulfillment of the obligations by the contractor. The contractor is responsible
       for any / all liabilities arising out of any Labour Act, Motor Equipment Act, Income
       Tax Act and settle the same on his own.

5.8     The contractor will make payment and is responsible to make payment as per
       minimum wages Act of that State to the drivers and his staff. The contractor shall
       obtain EPF code number within one month of signing the contract, failing which the
       contract shall stand terminated.

5.9    The contractor should engage experienced operators with minimum 3 years old
       professional license to avoid any mishap while working.

5.10   The contractor shall ensure that his staff are disciplined, smart in turn out and
       behave properly with ONGC employees. The contractor shall have to withdraw
       such staff from ONGC duty, who do not behave in a proper disciplined manner or
       who report for duty under the influence of liquor etc. In case of failure of the
       contractor to withdraw such staff from ONGC duty, Equipment shall not be accepted
       for duty and alternative arrangement shall be made at the risk and cost of the
       contractor, besides imposing liquidated damages.

5.11   The contractor shall ensure that the staff provide on the Equipment is sufficiently
       skilled, fully conversant with the requirement of ONGC in the areas of operations
       and follow all the prescribed safety norms, rules, regulations specified under the
       Motor Equipment Act, ONGC and other relevant Safety Acts, etc. The staff
       provided on Equipments shall not be changed without any justified grounds which
       shall be informed to ONGC by the contractor.




                                                     Signature of Bidder:    ……………………….
                                         Name of authorized signatory:       ………………………
                                                      Status of signatory:   ………………………
                                          Seal of the Tenderer/ Bidder:       …………………….
                                             36


5.12   The Contractor will be responsible for any damage to the Equipment or any personal
       injury to the operator or any other person in the employment of the contractor,
       occupants of the Equipment(s) or any person(s) or damage to any property by
       contractor‟s Equipment(s) while on ONGC duty. The contractor shall indemnify
       ONGC or its employees against any claim / damages arising due to any failures /
       accidents to any person / property of ONGC or third party.

5.13   Separate log book will be required to be maintained for each Equipment which will
       be signed by ONGC Officers using the Equipment and operator of the Equipment.
       All the bills will be verified on the basis of details on ONGC log book of
       Equipment. Log books of the Equipment will be supplied by ONGC. It will be the
       responsibility of the operator to see that the log books are properly filled in and all
       over writings and cuttings should be got authenticated by the Officer using the
       Equipment.

5.14   The contractor would display sign marked: „ON ONGC DUTY‟ at a conspicuous
       place for making the Equipment conspicuously distinguishable even from a distance
       from other Equipments on the road.

5.15   ONGC does not bind itself to provide any parking place for the Equipment. ONGC
       is not responsible for safety / security of the Equipment.

5.16   The contractor shall not carry any un-authorised person in the Equipment while, it is
       in the ONGC‟s service. If detected no payment of standing charges for that day will
       be paid.

5.17   The contractor is fully responsible for damage or accident to his equipment or
       employee while carrying out the work under this contract. He himself will have to
       settle and compensate at his cost and no extra payment will be made to him in any
       way by the Corporation on this account.

5.18   In the event of any dispute over this contract, the decision of ONGC will be final
       and binding.

5.19   The contractor shall also implement the Government directives of reservation in
       respect of SC / ST personnel in terms of employment.

5.20   INSPECTION : Before acceptance, Equipment offered will be inspected and tested.
       The Equipment may be required to undergo fitness anti-pollution test, etc. during the
       contract period and the contractor will bear all the expenses for such test and
       necessary repairs to bring it to standards.

5.21   EPF NO.: The contractor should be aware of all rules and regulations of State,
       Central, Traffic rules, other laws and Labour laws. They should get themselves
       registered with PF Commissioner , if the PF Act so requires within one month of
       signing the contract failing which the contract shall be terminated.



                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                            37



6.    OPERATING TERMS AND CONDITIONS:

6.1    The employees of the contractor and / or its sub-contractor if any, although working
       for and at the discretion of ONGC, shall be and remain the employees of the
       contractor and such working arrangement shall in no way create or be construed to
       create an employer-employee relationship between such employees and ONGC.
       The contractor shall also undertake to replace any of their employee (s) who
       misbehave(s) with the employee(s) or Officer(s) of ONGC or whose continuance
       may hamper smooth operation under this contract.

6.2    The contractor shall do all acts and deeds as and when required and necessary for
       rendering services against this contract whether expressly provided in this contract
       or not and whether directly related or incidental thereto. No extra charges shall be
       payable to the contractor for attending to all connected jobs and liaison work.

6.3    The contractor shall render the services mentioned herein this contract and other
       auxiliary and / or incidental services as may be ordinarily required for operation of
       such contract by way of practices, customs or usage and / or as prescribed by the law
       of the land.


6.4    The contractor shall not employ ONGC‟s serving employees without its prior
       permission. Ex-personnel of ONGC who have retired, resigned or have been
       terminated by ONGC shall also not be employed by the contractor during their first
       two years from the date of quitting the services without permission of ONGC. The
       ONGC may decide not to deal with such contractors / firms who fails to comply
       with the above advise.

7. RATES / PAYMENT

7.1 The rates quoted in Price Schedule by the bidder are all inclusive, complete, composite
    and firm for the contract period. The rates shall be inclusive of all expenses which
    means all expenditure necessary for the continuance of the services of the Equipments
    through out the contract duration including mobilizing / de-mobilizing of Crawler
    tractor.
    These expenses shall also include (but not restricted to) payments to Regional Transport
    authority, labour charges, dues, tax including Income Tax levies, fees connected with
    the service, repairs of the Equipment, maintenance, HSD, oil, lubricant, Insurance,
    Local service and all other expense of the contractor‟s establishment, crew, interest on
    capital, bonus, maintenance of the Equipment pertaining fees, etc. and any other
    expenses of the contractor‟s establishment in providing an acceptable and satisfactory
    level of service. It must be clearly understood that ONGC shall not make any other
    payment except the charges shown in the schedule




                                                     Signature of Bidder:    ……………………….
                                         Name of authorized signatory:       ………………………
                                                      Status of signatory:   ………………………
                                          Seal of the Tenderer/ Bidder:       …………………….
                                              38


7.2 In case the Equipment reports late than the reporting time, ONGC may not accept the
    Equipment on duty. In such case L.D. will be imposed as if the Equipment had not
    reported as per L.D. Clause No.8.

7.3 The contractor shall be entitled to the payment for the services rendered by him at the
    rates indicated in the schedules of rates. The contractor will submit monthly bills to In-
    charge, Transport Section, ONGC, Neravy, Karaikal, in quadruplicate with log book.
    Bills will be verified by the Transport Section and forwarded to Finance section for
    payment. The payment of such bills will normally be made within 30 days after receipt
    of bill in the Transport Section in ONGC provided the bills are complete in all respects.
    The payment shall be made by crossed Cheque of State Bank of India.

7.4 ONGC shall have the right to with-hold payment against any bill in part or in full due to
    any dispute. ONGC shall also have the right to recover any dues from the contractor‟s
    bills.

7.5 LIABILITY TAX:

7.5.1 Corporate Tax: Any tax assessed on the income of the contractor shall be the
      responsibility and payable by the contractor. The Corporation may, however, deduct
      Income-tax at source in accordance with the Indian Income Tax Rules prior to the
      release of payments. A certificate to this effect will be given to the contractor by the
      concerned Finance officer of ONGC.

7.5.2 Service tax / sales tax applicable if any, to the services under the contract shall also
      be responsibility and payable by contractor. ONGC may, however, deduct tax(es) at
      source in accordance with applicable rules / regulations / laws / acts of the
      Government concerned States.


8      LIQUIDATED DAMAGES:

8.1 Any losses suffered by Corporation due to delay in completion of the job (or due to any
    loss / damage caused to the property while executing the job under the contract) the
    Corporation may make alternative arrangement at the risk and cost of the contractor.
    The extra amount so payable shall be recoverable from the contractor. The decision of
    Incharge Logistics on the occurrence of loss and its quantum shall be final and binding
    in such cases

8.2 In the event of any failure on the part of the contractor or his agent or servant to comply
    with any or all of the terms & conditions herein contained, ONGC shall be at liberty to
    terminate the contract immediately or to get the job carried out through any other person
    or agency at the risk and cost of the contractor. In addition, their Security Deposit shall
    stand forfeited to the Corporation. The contractor shall not be entitled to claim any
    damages or compensation whatsoever. A minimum notice of 30 days for terminating
    the contract in default will be given. Further Corporation reserves the right to get the



                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                              39


   job done through other agency at the risk and cost of the contractor in the event of
   contractor‟s failure to provide a tractor.

8.3. The failure of the Contractor to provide the required service quantitatively/ qualitatively
    ,timely and efficiently results into substantial losses to ONGC which the Contractor is
    fully aware. ONGC cannot be fully compensated for such losses, the same being very
    heavy in terms of loss of production and the overheads being incurred by ONGC.

   However, to regulate the commercial relationship of the parties the financial losses have
   been quantified as hereunder.

   In the event of failure on the part of Contractor to make available the requisite number
   of hired Crawler tractor(s) services to ONGC in terms of the contract, the Contractor
   shall be liable to pay ONGC the damages as per para below.

     a) The crawler tractor is required to be available for operations for 12 hours per
     day (including one hour lunch) for all operational days. If on account of any reason
     due to the fault of the contractor e.g. non-availability of Crew, fuel, defects in the
     Crane etc., the available hours for operation in a day are less than 12 hours, payment
     would be made on pro-rata hourly rate basis or actual available hours of crawler
     tractor in operation and pro-rata hourly rate will be calculated as per No.1.16. In
     addition, for an amount equal to 30% of operating day rate/pro-rata hourly rate for
     such non available hours will be recovered as liquidated damages.

      b)The crawler tractor(s) are required to be provided/made available by the contractor
      in ONGC‟s operation for all operational days.

      c) However, if on any account or any reason due to fault of contractor e.g. non-
      availability of crawler tractor(s)/crew/fuel or defect of crawler tractor(s) etc. the
      crawler tractor(s) is not available on any day/period in a month, payment shall be
      restricted for the actual no. of days/period of the Crawler Tractor is available in
      operation. In addition, liquidated damage(L.D.) shall be recovered @30% of the
      operating day/hourly rate as the case may be for each days/hrs of non-availability of
      Crawler Tractor.

      d)In the event of Contractor‟s failure to recommission the Crawler tractors due to
      break down or provide a replacement crawler tractor(s) within 96 hours or such
      further time as may be allowed by ONGC on breakdown/non-availability of Crawler
      Tractor , ONGC reserves the right to get the job done by alternate arrangement
      through any other agency at the risk and cost of the contractor.

      e) If the crawler tractor is not made available for more than one month at a time,
      ONGC reserves the right to terminate the default Crawler Tractor contract without
      further notice and forfeit the performance guarantee as decided by Incharge
      Logistics.




                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                               40


        f) In case of stuck-up of contractors Crawler Tractor at ONGC site due to slush or bad
        soil condition etc., ONGC may make towing arrangements free of cost at the risk and
        responsibility of the contractor. In such cases hiring charges or any other
        compensation of whatsoever nature shall not be payable by ONGC and it will be
        treated as if the equipment is not on hire. Liquidated damages shall not be leviable for
        non-availability of Crawler Tractor in such cases.

9      FAILURE AND TERMINATION:

9.1 The ONGC may without prejudice to its rights against the contractor in respect of any
    delay or otherwise or any claims for damage in respect of any breach of the terms of the
    contract and without prejudice to any rights or remedies under any of the provision of
    this contract or otherwise and whether the date of completion has or has not elapsed, by
    notice in writing absolutely determine the contract in any of the following case:-

i)       In the event of the contractor going into liquidation, winding up of his business or
         making arrangements with his creditors or the contractor being adjudicated
         insolvent.

ii)      In the event if it is found that this contract has been procured by submitting incorrect
         or incomplete statements by the contractor in the tender documents or by making
         any mis-representation at the time of or in the course of the submission and scrutiny
         of the tender documents.

iii)     If in the opinion of an officer of ONGC, the contractor has delayed or suspended the
         execution of the work or the facilities and equipments offered by the contractor to be
         inadequate for effective and efficient completion of the job.

iv)      In the event of any breach of the terms and conditions of the contract committed by
         the contractor or for unsatisfactory performance of work.

v)       For any other good or sufficient reasons.

9.2 When the contractor has made himself liable for action under any of the cases aforesaid
    ONGC may determine or rescind the contract by the issue of a notice which shall be
    served on the contractor or his representative or be sent by post and the notice so served
    or sent shall be conclusive evidence of the determination or rescission of the contract.
    The decision of ONGC, on the matters stated in this Clause shall be final and
    conclusive.

9.3 Upon such determination or rescission of the contract, the Performance Guarantee
    furnished by the contractor may be invoked and the contractor will have no claim
    against ONGC for any consequence relating therefrom.

9.4 Upon such determination or rescission of the contract, ONGC shall be entitled to entrust
    the work of the remaining period of the contract, to any other contractor or contractors



                                                        Signature of Bidder:    ……………………….
                                            Name of authorized signatory:       ………………………
                                                         Status of signatory:   ………………………
                                             Seal of the Tenderer/ Bidder:       …………………….
                                              41


     either by public tender or by private contract, whichever is found necessary in the
     opinion of the Officer of ONGC whose opinion shall be final in this respect and in such
     event, the contractor shall be liable to compensate ONGC for all losses ONGC may
     incur.

9.5 It shall be express condition of this contract that in all cases of decision required to be
    taken or orders required to be passed or notice contemplated to be issued under the
    contract it shall be sufficient and binding on the contractor, if such decision is taken or
    order passed or notice issued by the Head of Logistics Section of ONGC, Karaikal
    Asset, Karaikal.

9.6 The contract can also be terminated under the circumstances mentioned in the Force
    Majeure Clause.

9.7 The contract can also be terminated by giving 30 days notice to the contractor without
    assigning any reason thereto. The contractor shall not be entitled for any type of
    compensation whatsoever due to termination of the contract.

10       ARBITRATION - (Applicable in case of value upto Rs.1.00 Crore)

10.1.1     If any dispute, difference, question or disagreement shall, at any time, hereafter
         arise, between the parties hereto all the respective representatives or assigns in
         connection with or arising out of the contract, or in respect of meaning of
         specifications, design, drawings, estimate, schedules, annexures,             orders,
         instructions, the construction, interpretation of this agreement, application of
         provisions thereof or anything hereunder contained or arising hereunder or as to the
         rights, liabilities or duties of the said parties hereunder or any matter whatsoever
         incidental to this contract or otherwise concerning the works of execution or failure
         to execute the same whether during the progress of work or stipulated extended
         period or before or after the completion or abandonment thereof shall be referred to
         the sole arbitration of the person appointed by Director of ONGC at the time of
         dispute. The person so appointed as arbitrator by Competent Authority can also be
         an employee of ONGC.

10.1.2 If the arbitrator to whom the matter is originally referred dies or refuses to act or
       resigns for any reason from the position of arbitrator, it shall be lawful for the
       Director of ONGC to appoint another person to act as arbitrator in the manner
       aforesaid. Such person shall be entitled to proceed with the reference from the stage
       at which it was left by his predecessor if both the parties concerned to this effect
       failing which the Arbitrator will be entitled to proceed de-novo.

10.1.3 It is further term of this contract, that no person other than the person appointed by a
       Director of the Corporation as aforesaid shall act as arbitrator and that, if for any
       reason that is not possible, the matter is not to be referred to the arbitration at all.




                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                              42


10.1.4 The arbitrator(s) may, from time to time, with the written consent of all the parties to
       the contract enlarge the time for making and publishing the award.

10.1.5 It is a term of the contract, contractor shall not stop the work under this contract and
       the work shall continue as expected to continue whether arbitration proceedings
       have commenced or not.

10.1.6 The arbitrator shall be deemed to have entered on the reference on the date of the
       issue of notice by him to both the parties for filing of the claims.
10.1.7 The arbitrator shall give reasoned award in respect of each dispute or difference
       referred to him. The award as aforesaid shall be final and binding on all the parties
       to this contract in accordance with the law.

10.1.7 The venue of the arbitration shall be at Karaikal only.

10.1.8 Subject aforesaid, the provisions of the Indian Arbitration Act 1940 and any
       statutory modifications or re-enactments thereof and rules made thereunder and for
       the time being in force shall apply to the arbitration proceedings under this Clause.

10.2 Arbitration(Applicable to indigenous Contract exceeding Rs.1.00 crore)

10.1.1 Except as otherwise provided else where in the contract if any dispute, difference,
       question or disagreement arises between the parties hereto or their respective
       representatives or assignees, at any time in connection with construction, meaning,
       operation, effect, interpretation or out of the contract or breach thereof the same
       shall be decided by an Arbitral Tribunal consisting of three Arbitrators. Each party
       shall appoint one Arbitrator and the Arbitrators so appointed shall appoint the third
       Arbitrator who will act as Presiding Arbitrator.

10.1.2 In case a party fails to appoint an arbitrator within 30 days from the receipt of the
       request to do so by the other party or the two Arbitrators so appointed fail to agree
       on the appointment of third Arbitrator within 30 days from the date of their
       appointment upon request of a party, the Chief Justice of India or any person or
       institution designated by him(in case of International Commercial Arbitration) shall
       appoint the Arbitrators/Presiding Arbitrator. In case of domestic contracts, the Chief
       Justice of the High Court or any person or institution designated by him within
       whose jurisdiction the subject purchase order/contract has been placed/made, shall
       appoint the arbitrator/Presiding Arbitrator upon request of one of the parties.

10.2.3 In any of the Arbitrators so appointed dies, resigns, incapacitated or withdraws for
     any reason from the proceedings it shall be lawful for the concerned party/arbitrators
     to appoint another 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.




                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                               43


10.2.4 It is a term of the contract that the party invoking arbitration shall specify all
     disputes to be referred to arbitration at the time of invocations of arbitration and not
     thereafter.

10.2.5 It is also a term of the contract that neither party to the contract shall be entitled for
     any interest on the amount of the award.

10.2.6 The Arbitral Tribunal shall give reasoned award and the same shall be final
     conclusive and binding on the parties.

10.2.7 The venue of the arbitration shall be the place from where the purchase
     order/contract has been placed/made i.e. Karaikal.

10.2.8 The fees of the arbitrators shall be borne by the parties nominating them and the fee
     of the Presiding Arbitrator, costs and other expenses incidental to the arbitration
     proceedings shall be borne equally by the parties.

10.2.9 Subject to as aforesaid the provisions of the Arbitration and Conciliation Act, 1996
     and any statutory modifications or re-enactment in lieu thereof shall apply to the
     arbitration proceedings under this clause.

10.2.10 Arbitration (Applicable in case of Contracts on Public Sector Enterprises)

10.2.11 In the event of any dispute or difference relating to, arising from or connected with
      the contracts, 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
      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.


11        FORCE MAJEURE CLAUSE:

In the event of either party being rendered unable by Force Majeure to perform any
obligation required to be performed by them under the contract, the relative obligation of
the party affected by such Force Majeure shall upon notification to the other party be
suspended for the period during which such cause lasts.




                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                              44


The term Force Majeure as employed herein shall mean an act of God, War, Revolt, Strike,
riot, civil commotion, fire and floods, upon such occurrence and also upon its termination
the party alleging that it has been rendered unable as aforesaid thereby shall notify the other
party in writing within seventy two hours of the alleged beginning and also ending thereof,
giving full particulars and satisfactory evidence in support of its claim.

Time for performance of the relative obligation suspended by the Force Majeure shall then
stand extended by the period for which such cause lasts. Any situation of Force Majeure is
estimated to last in excess of 30 days, either party shall have the right to terminate this
contract on eight day by sending a notice without any liability to either party due to
termination of contract unless otherwise mutually agreed to.

Any transporter(s) sponsored strike / bandh / barricade etc. will not be considered as Force
Majeure and consequently shelter will not be available under this Clause, further LD as per
Clause 8 will be levied accordingly.

12        PERFORMANCE BOND:

12.1 The contractor has submitted Security Deposit in the form of DD or / Performance
     Bond for Rs            Lakhs in the form of Bank Guarantee Vide No---------------
     dt: ------- from    Bank valid upto ------------ for hiring of 3(three) nos. of CHAIN
     TYPE CRAWLER TRACTOR BY ONGC.

12.2 The Security Deposit / Performance Guarantee is to secure satisfactory performance
     of the contract by the contractor.

12.3 In case quantity of work initially awarded under the contract is to be increased
     depending on ONGC‟s requirement, the contractor shall be required to furnish an
     additional Bank guarantee or enhance the value of the existing Bank Guarantee by the
     amount calculated at the rate of 7.5% of the increased contract value within 15 days
     from the date of additional work awarded.

12.4 In the event of any breach of terms and conditions of the contract by the contractor
     and / or in case of any amount due from the contractor to ONGC (including but not
     limited to liquidated damages), ONGC will have unqualified option to invoke the
     Performance guarantee.

12.5 No interest will be paid on Performance Guarantee by ONGC.

12.6 The Performance Guarantee will be released after satisfactory performance of the
     contract by the contractor and other stipulations in the contract.

13        WITH-HOLD / RECOVERY FROM PAYMENT:

13.1 ONGC reserves the right to recover from the bills of the contractors the amount due
     to ONGC against any Liquidated Damages / losses and damages or as a result of any



                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                             45


      claims / compensations or due to any statutory impositions, without any notice,
      ONGC also reserves to with-hold any payment to safeguard the interest of ONGC
      against any dues for which the decision of ONGC shall be final.

13.2 In case of any disputes, with-held payment shall not be released, till the dispute is
     settled.

13.3 No interest shall be payable in case of such disputes / with-held amounts.

13.4 No interest shall be payable in case payments are delayed on account of reasons /
     faults resting with the contractor.

14        LAW AND JURISDICTION:

The contract shall be subject to construed and governed by the Laws of India. All
questions, disputes and differences arising out of or resulting from the operation of this
contract shall be subject to the exclusive jurisdiction of the Court in Karaikal.

15       INSURANCE:

15.1 Corporation shall not pay insurance charges but it shall be the responsibility of the
     contractor to complete the job carefully while plying the tractor. The tractor should
     be insured comprehensive. Any damage to ONGC materials while handling has to be
     compensated by him. The contractor at his own cost shall maintain in force during
     the period of the contract and any extension thereof unlimited insurance cover in
     respect of public property and personnel. The contractor shall also maintain in force
     during pendency of contract the workmen compensation policy to cover the risks to
     crew attached with the crawler tractor. Contractor shall furnish copies of the policy to
     ONGC at the time of inspection of the crawler tractor.
15.2 In case of any dispute arising during the course of operation of the contract or after.
     ONGC reserves the right to itself to withhold such sum(s) of money till the time the
     dispute is squared off out of the amount payable to the contractor / tenderer.

16        STATUTORY OBLIGATIONS:

16.1 The Contractor shall comply with the provisions under all applicable laws / enactment
     including but not limited to Motor Equipment Act, Contract Labour (R & A) Act,
     Workmen Compensation Act, the Shops Establishment Act and any rules made
     thereunder and also indemnify the ONGC against any liability that may be imposed
     on ONGC for violations and or non-observance of any of the statutory laws /
     enactment / Acts / Rules & Regulations.

16.2 The contractor, its employees and sub-contractor, if any, shall be subject to all fiscal
     legislation of India.




                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                              46


16.3 The contractor should obtain EPF code from the EPF authorities and copy of Challans
     in proof of remittance of EPF dues in respect of his employees to be forwarded to
     ONGC every month.

16.4 In case the contractor employs more than 20 workers he should obtain license from
     Asst. Labour Commissioner (Central), Chennai.

17        INDEMNITY:

17.1 The contractor shall hold harmless and keep indemnified ONGC against any claims,
     demands, actions, suites, proceedings and judgements and all liabilities, costs,
     expenses, damages or losses arising out of or resulting from or incidental to or in
     connection therewith which may be made or brought against ONGC whether by the
     contractor or its employees, or its sub-contractor(s), agents, successors or assigns or
     by the third parties on account of damage or injury to property or person or loss of life
     resulting from or arising out of in the discharge of its obligations under the contract
     and further defend the ONGC at its / their sole cost in any litigation involving the
     ONGC from any parties including Central or State Governments.

17.2 The contractor shall be solely responsible for and shall keep the ONGC indemnified
     against any consequences under laws (whether Central, State or Local) arising out of
     any accident caused by his Equipment(s) to equipment / property / personnel of
     ONGC. The contractor will also be responsible for any claim / compensation that
     may arise due to damages / injuries to any third party / parties death, permanent or
     partial disability, damage to the property, etc. caused by his Equipment and in
     addition the contractor shall also be responsible to damages / disability, death, etc. to
     the ONGC employees / property. The contractor shall arrange adequate insurance to
     cover such liabilities.

18        SUBLETTING & ASSIGNMENT:

The Contractor shall not, save with the previous consent in writing of the ONGC sublet,
transfer or assign the contract or any part thereof or interest therein or benefit or advantage
thereof in any manner whatsoever, provided nevertheless that any such consent shall not
relieve the contractor from any obligation, duty or responsibility under the contract.



19     INTERPRETATION:

19.1   The titles and headings given under this contract are for the sake of convenience
       only and shall not under any circumstances be construed as limiting or extending the
       meaning of the provisions of this contract. This contract is the total understanding
       of the parties hereto and supersedes all correspondence, arrangements, undertakings
       indicated or reached earlier either verbally or in writing between the parties.




                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                              47


19.2   In case of any dispute on account of interpretation of any work, sentence or clause of
       this contract, the decision of the ONGC shall be final and binding on the contractor.


20. SEVERABILITY:

Should any provision of this contract be found to be invalid, illegal or otherwise
unenforceable by any Court of Law, such findings shall not effect the remaining provisions
hereto and they shall remain binding on the parties hereto.

21.    WAIVER

No Waiver by any party or any one or more obligations or defaults by any other party in the
performance of this contract shall operate or be construed as a Waiver of any other
obligations or defaults whether of a like or of a different character.

22.    INDEPENDENT STATUS:

In the performance of this contract, the contractor shall be a independent contractor.
Neither the contractor nor the persons employed by the contractor shall be deemed to be
employees or agents of ONGC. The contractor agrees to relieve and indemnify the ONGC
from and against all claims and demands whatsoever made against the ONGC by persons in
the employment of the contractor and / or whom the contractor is otherwise responsible
under Laws of the Land.

23.    ALTERATIONS TO BE AUTHORISED:

No alteration in / out addition to / or amendment or variation in the contract or any part
thereof shall be deemed authorised except under express written instructions from the
Office of ONGC which placed this contract.

24.    ENTIRE CONTRACT:

This contract together with the schedules hereto constitutes the entire contract of the parties
with reference to the subject matter hereof and supersedes and cancels any and all prior
understandings of contract. Verbal or otherwise in relation thereto, which may exist
between the parties provided however that any contract between the parties evidence in
writing or signed by

the parties hereto subsequent to the date of execution of this contract shall be considered a
part of this contract, if so desired by the parties hereto. However, in case of any area being
governed by the contractor specifically reference has to be made to the tender documents.
However, it is clearly understood that the contract shall always prevail.




                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                              48




25.    NOTICES:

       Each communication under this contract shall be made by Telex, or telegram
confirmed in writing and shall be effective on the date of receipt by the other party. Each
communication to any party under this contract shall be to that party at the Telex number /
address and marked for the attention of the person (if any) from time to time designated by
the contractor or ONGC as the case may be for the purpose of this contract. The initial telex
number, telegraphic address and person (if any) so designated by each party are as follows:


i)     IN THE CASE OF ONGC

       The Incharge (Logistics)                               Tel No. : 04368-238186
       Oil and Natural Gas Corporation Ltd.                   Fax No . : 04368-238126
       Logistics Department,
       Neravy, Karaikkal.

ii)    IN THE CASE OF THE CONTRACTOR


       All communications shall be in English language. In witness whereof the parties
       have entered into this contract this day of………….2004

       For and on behalf of                                   For and on behalf of



       As Corporation                                         As the Contractor

       Witness:                                               Witness:

       1.                                                     1.


       2.                                                     2.




                                                      Signature of Bidder:    ……………………….
                                          Name of authorized signatory:       ………………………
                                                       Status of signatory:   ………………………
                                           Seal of the Tenderer/ Bidder:       …………………….
                                                    49



                                                                                     ANNEXURE – I

                           LETTER FOR SUBMISSION OF BID

To,
The In charge Logistics,
Logistics section.
ONGC, Karaikal Asset,
KARAIKAL – 609 604


   Sub. :Submission of Bid against ONGC Tender No. KKL/KA/TPT/Crawler Tractor/04-05


Sir,

         Having purchased the tender/bid document against the subject tender, we hereby submit the
         bid with reference to the terms and conditions of the tender document issued to us.

         Thanking you,
                                                             Yours faithfully,




                                                             Signature of the Bidder


                                                             Name with stamp:
Date:

Place:                                                       Capacity in which signed:




                                                             Signature of Bidder:    ……………………….
                                                 Name of authorized signatory:       ………………………
                                                              Status of signatory:   ………………………
                                                  Seal of the Tenderer/ Bidder:       …………………….
                                                   50


                                                                                 ANNEXURE - II

DECLARATION OF BIDDER REGARDING ELIGIBILITY, CONSTITUTION OF
                 THE BIDDER AND OFFER VALIDITY
                    (BEC CLAUSE NO.B-15)
                            AND
   ACCEPTANCE OF TERMS & CONDITIONS OF TENDER DOCUMENT

    1.    Name of Bidder:
    2.    Office Address:
    3.    Telephone & Address Particulars:
              Office:Telephone No.:_______________________
                 Address:
                 ______________________________________________________


    Resi.: Telephone No. _______________________
          Address: ______________________________________________________


    4.    Legal constitution of the bidder(indicate as whether the bidder is proprietorship firm
          / partnership firm / limited company / co-operative society / trust):

              The bidder is _______________________________________________

    5.     Notarised documents as below enclosed in support of status declared at 4 above
           (Refer BEC clause no. B-15):
    a) ____________________________________
    b) ____________________________________

    6.    Name & Address of Directors/Partners/Proprietor/Chairman (as the case may be):




    7.    Particulars of the signatory of Bidder


                                                         Signature of Bidder:     ……………………….
                                             Name of authorized signatory:        ………………………
                                                          Status of signatory:    ………………………
                                              Seal of the Tenderer/ Bidder:        …………………….
                                                     51


             a.        Name:
             b.        Capacity (in which signed):
      (Power of Attorney in support of authorisation to sign the Tender must be enclosed)

8.    Particulars EPF Code No. possessed by the bidder:
      EPF Code No._____________________________
      (Documentary evidence from Regional Provident Fund Commissioner to be enclosed)

                  OR

      I/ we undertake to produce the same, if applicable subsequent to award of contract within 30
             days of issue of LOI and before the signing of contract failing which EMD / SD
             submitted by us shall be forfeited and the contract be cancelled.

      9.     DETAILS OF EXPERIENCE / WORK CARRIED OUT FOR GOVT. / SEMI-
             GOVT. DEPTS. / PUBLIC SECTOR ORGANISATIONS / REPUTED LIMITED
             COMPANIES :

                  To be declared and submitted as per Annexure-V.

10.   PARTICULARS REGARDING E.M.D (Refer BEC clause No B-9)
      -      Bank Draft / Pay Order / Banker‟s :
      -      Cheque No. & Date OR Bid Bond
      -      No. & Date                              : ______________________________
      -      Issuing Bank                            : ______________________________
      -      Payable at                              : ______________________________
      -      EMD amount                              : ______________________________
      -      Bid Bond validity upto                  : ______________________________

      11.    I / We keep the offer open for 120 days from the date of opening of the Technical
             Bid and thereby complying BEC clause No.B-10.

      12.    The details and the supporting documents thereof against other BEC clauses are
             declared / submitted in accordance with the given Annexures for technical
             evaluation.

      13.    Matrix in format along with BEC is to be filled-in and signed, confirming
             compliance of requirements / conditions embodied in the Bid Evaluation Criteria
             BEC clause 27 of this tender.




                                                             Signature of Bidder:    ……………………….
                                                 Name of authorized signatory:       ………………………
                                                              Status of signatory:   ………………………
                                                  Seal of the Tenderer/ Bidder:       …………………….
                                            52


14.   I / We hereby declare that the particulars furnished above are correct to the best of
      my / our knowledge and belief. I / We fully know and accept that if any of the
      statements made here in above is found wholly or partly incorrect at any stage, the
      Tender shall not be considered and E.M.D. shall be forfeited.

15.   I / We have read and understood all the terms and conditions of the Tender
      documents including Model Contract and accept the same in the original form.

16.   I / We hereby declare that I / we fully fulfill the eligibility criteria and that I / we
      have sufficient experience and resource to meet the requirement against this Tender.
      In case, I / we fail to stand to this commitment, ONGC shall have right to terminate
      the Contract with forfeiture of Security Deposit.

17.   List of enclosures furnished in compliance with the Bid Evaluation Criteria(BEC)
      conditions / clauses:
      a.
      b.
      c.
      d.
      e.
      f.
      g.
                                            Signature of Bidder:
                                            Name of Signatory:
                                            Capacity in which signed.
                                            Seal             of              the      Bidder




                                                     Signature of Bidder:     ……………………….
                                         Name of authorized signatory:        ………………………
                                                      Status of signatory:    ………………………
                                          Seal of the Tenderer/ Bidder:        …………………….
                                                                             53




                                                                                                                                        ANNEXURE-III

      EXPERIENCE FOR MINIMUM TWO (2) YEARS WITHIN A PERIOD OF LAST FIVE (5) YEARS
                                         (To be reckoned from the last date of tender submission)
                                           (To be filled in by the bidder) (BEC Clause No.A-3)

It is certified that I/We, M/s                                                              of ______________________________
                                                 (Name of the bidder)
                                                                                                           have      executed     /
                                                    (Address of the bidder)
have been executing the contracts for providing C . Tractors services / Heavy Transport Equipment / Earth Moving Equipment Services
       on regular basis to State Government / Central Government/ Public Sector Undertakings / reputed Limited Companies as per
       details given below:

                                                               Experience Details
Sl.             Period of Contract             Name of the Organization                    Details of services provided
No.              From To             Total with address to whom services          Type of vehicle      Number of C. Tractor /               Contract
                                     Years      provided / being provided               provided       H.T. equipments /Earth                Value
                   (dates)                                                                                Moving Equipments
                                                                                                                    provided/
                                                                                                                Quantity lifted

      1




                                                                  Total years of experience during last 5(five) years              = _______________ years.



                                                                                                                Signature of Bidder:    ……………………….
                                                                                                    Name of authorized signatory:       ………………………
                                                                                                                 Status of signatory:   ………………………
                                                                                                     Seal of the Tenderer/ Bidder:       …………………….
                                                                             54



My / our services have been found satisfactory by the above organizations.


                                                                                          Signature of Bidder:

                                                                                          Name of Signatory:

                                                                                          Capacity in which signed:

                                                                                          Seal of the Bidder



       Note:- 1)      The bidder must provide copies of work orders / Letter of Intents or agreements; work order extension letters, if any;
                      and experience cum satisfactory service certificates(as per Annexure – IV) from the Departments to whom services
                      provided / being provided along with the techno-commercial bid, duly attested by notary public, to verify /
                      determine experience.




                                                                                                               Signature of Bidder:    ……………………….
                                                                                                   Name of authorized signatory:       ………………………
                                                                                                                Status of signatory:   ………………………
                                                                                                    Seal of the Tenderer/ Bidder:       …………………….
                                                                           55




                                                                                                                    ANNEXURE – IV

                     PROFORMA: EXPERIENCE CUM SATISFACTORY SERVICE CERTIFICATE
     (Experience cum satisfactory service certificate must be on the Letter Head of the Department (State / Central Government / Public Sector
                Undertakings / reputed Limited Companies from whom certificate is obtained for the services provided / being provided)
                                                               (BEC Clause No. A-3)

                               EXPERIENCE CUM SATISFACTORY SERVICE CERTIFICATE
                                           To whom so ever it may concern
       1.     M/s.______________________________________________ performed / executed the following handling activities concerned to our
                          (Name and address of the bidder)
       Department during the period from ____________________ to ____________________ against the contract / work orders awarded to them
              during the period. Their services were / have been found satisfactory.
                                       Period of contract                                         Details of services provided
 Contract agreement/             (including extensions, if any)
 Work order number &         From              To          Total period              Type of vehicle     Number of C. Tractor /    Contract value
 date                                                                                      provided       equipments provided/          (in INR)
                                                                                                                   quantity lifted
                                                                                 Signature of the Officer Concerned :
                                                                                 Name                                  :
                                                                                 Designation                           :
                                                                                 Stamp                                 :
Place:
Date:




                                                                                                             Signature of Bidder:    ……………………….
                                                                                                 Name of authorized signatory:       ………………………
                                                                                                              Status of signatory:   ………………………
                                                                                                  Seal of the Tenderer/ Bidder:       …………………….
                                                                                                          56




                                                                                       ANNEXURE – V

          LETTER OF ACCEPTANCE OF TERMS AND CONDITIONS
       EMBODIED IN THE TENDER DOCUMENT AND MODEL CONTRACT
                                        (BEC Clause No.B-14)

To,
The In charge Logistics,
Logistics Section,
ONGC, Karaikal Asset ,
KARAIKAL – 609 604.

Sir,
        I/We have read and understood all the terms and conditions of the tender No.
        KKL/KA/TPT/CRAWLER TRACTOR/2004-2005 including terms and conditions embodied
        in the MODEL CONTRACT attached thereto. I/We agree and accept all terms and conditions of
        the aforesaid tender including MODEL CONTRACT attached thereto and stipulated therein. I /
        We further confirm the acceptance of the following important clauses in to.

               a) EMD Clause                       b) Submission of security deposit clause
               c) Failure and termination          d) Force Majeure
               e) Law & Jurisdiction               f) Liquidated Damage Clause
               g) Arbitration                      h) Mobilization of vehicle/equipment

        On acceptance of all terms and conditions in the same manner as stipulated and described in the
        aforesaid tender document including MODEL CONTRACT, I/We submitting the bid alongwith
        the       Earnest       Money         Deposit       of      Rs._____________           (Rupees
        ________________________________________)            in   the     shape     of    Bid     Bond
        No.______________,              dated           ______________            from            Bank
        ________________________________ valid upto _________________ or Crossed Demand
        Draft / Pay Order / Banker‟s Cheque No._____________ dated                      in favour of
        Finance & Accounts Office, ONGC, Karaikal, payable at Karaikal.



                                                                                      Yours faithfully,

Place :
Date :                                                              Signature and seal of the bidder




                                                              Signature of Bidder:    ……………………….
                                                  Name of authorized signatory:       ………………………
                                                               Status of signatory:   ………………………
                                                   Seal of the Tenderer/ Bidder:       …………………….
                                                                                                             57




                                                                                           ANNEXURE-VI

                 PROFORMA OF CERTIFICATE TO BE SUBMITTED
               PURSUANT TO SECTION 297 OF COMPANIES ACT 1956
                                          (BEC Clause No.B-18)

                                            CERTIFICATE
         For the purpose of section 297/299 of the Companies Act, 1956, we certify that to the best of my
         / our knowledge.

         1.     I am not a relative of any of the directors of ONGC.
         2.     We are not a firm in which a director of ONGC or his relative is partner.
         3.     I am not a partner in a firm in which a director of ONGC or his relative is partner.
         4.     We are not a private company in which a Director of ONGC is a member of Board of
                Directors.
         5.     We are not in a company in which a Director of ONGC hold more than 2% of the paid up
                share capital of our company or vice-versa.




                                                                                         Yours faithfully,


                                                                                Signature & seal of the bidder
Place:
Date:




                                                                 Signature of Bidder:    ……………………….
                                                     Name of authorized signatory:       ………………………
                                                                  Status of signatory:   ………………………
                                                      Seal of the Tenderer/ Bidder:       …………………….
                                                                                                          58




                                                                                          ANNEXURE-VII

           SELF CERTIFIATION / DECLARATION OF NEVER BLACK LISTED
                                           (BEC Clause No. B-17)



                I / We hereby certify / declare that I / We have never been black listed by any of the
         Central or State Government Departments / Public Sector Departments / Public Limited
         Companies.




                                                                                      Yours faithfully,


                                                                             Signature & seal of the bidder

Place:
Date:




                                                              Signature of Bidder:    ……………………….
                                                  Name of authorized signatory:       ………………………
                                                               Status of signatory:   ………………………
                                                   Seal of the Tenderer/ Bidder:       …………………….
                                                                                                             59




                                                                                         ANNEXURE-VIII

         UNDERTAKING TO OPEN OFFICE AT KARAIKAL/TIRUVARUR/NAGAPATTINAM
                                (BEC Clause No. B-16)

         To:
         The In charge Logistics,
         Logistics Section,
         ONGC, Karaikal Asset,
         KARAIKAL – 609 604.


         Sub: Undertaking to open office with telephone facility at Karaikal /Tiruvarur                           /
         Nagapattinam if work is awarded.


         Sir,

         1)     Presently, I / We carry-out the business at the following business address:

                       Name of place / town                   :        _________________________

                       District                               :        _________________________

                       State                                  :        _________________________

         2)     I / We hereby undertake to open / establish the office at _________________ with
                telephone facility & responsible representative within 30 days of placement of Letter of
                Intent / Work Order by ONGC.




                                                                                         Yours faithfully,


                                                                                Signature & seal of the bidder
Place:
Date:




                                                                 Signature of Bidder:    ……………………….
                                                     Name of authorized signatory:       ………………………
                                                                  Status of signatory:   ………………………
                                                      Seal of the Tenderer/ Bidder:       …………………….
                                                                                            60




                                                                               ANNEXURE-IX
                 PROFORMA OF BANK GUARANTEE FOR BID BOND
                       ON NON-JUDICIAL STAMP PAPER

Ref. No.___________                                          Bank Guarantee No._________
                                                             Dated ____________________
To
Oil and Natural Gas Corporation Limited,
Karaikal Asset,
Neravy,
KARAIKAL – 609 604.

Dear Sirs,

1. Whereas the Oil and Natural Gas Corporation Limited, incorporated under the Companies
   Act, 1956 having its registered office at Jeevan Bharati, Tower-II, 124 Indira Chowk, New
   Delhi – 110 001, India and its Karaikal Asset having office at Neravy, Karaikal –609 604,
   (hereinafter referred to as the “ONGC”, which expression shall unless repugnant to the
   context or meaning thereof include all its successors, administrators, executors and assignees)
   has floated a Tender No. KKL/KA/TPT/CRAWLER TRACOT/2004-2005 and
   M/s._________________________________              having     Head/Registered      office    at
   _____________________________ (hereinafter referred to as the “TENDERER”, which
   expression shall unless repugnant to the context or meaning thereof mean and include all its
   successors, administrators, executors and assignees) have submitted a Bid Reference
   No.______________ and tenderer having agreed to furnish as a condition precedent for
   participation in the said tender an unconditional and irrevocable Bank Guarantee of
   Rs._______________ (Rupees ____________________________________________ only)
   for the due performance of tenderer‟s obligations as contained in the terms of the Notice
   Inviting Tender(NIT) and other terms and conditions contained in the tender documents
   supplied by ONGC which amount is liable to be forfeited on the happening of any
   contingencies mentioned in said documents.
2. We ______________________(Bank) registered under the Laws having head/ registered
   office at ____________________________________(hereinafter referred to as the “BANK”,
   which expression shall unless repugnant to the context or meaning thereof, include all its
   successors, administrators, executors and permitted assignees) guarantee and undertake to pay
   immediately on first demand by ONGC the amount of Rs.____________ (Rupees
   _____________________________________________ only) in aggregate at any time
   without any demur, recourse, and without the ONGC having to substantiate the demand. Any
   such demand made by the ONGC shall be conclusive and binding on the Bank irrespective of
   any dispute or difference raised by the bidder.
3. The bank confirms that this guarantee has been issued with observance of appropriate Laws



                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                                                                           61



   of the country.
4. The Bank also agrees that this guarantee shall be irrevocable and governed and construed in
   accordance with Indian Laws and subject to exclusive jurisdiction of Indian Courts of the
   place from where tenders have been invited.
5. This guarantee shall be irrevocable and shall remain in force upto ___________ which
   includes SIXTY DAYS after the period of bid validity and any demand in respect thereof
   should reach the bank not later than the aforesaid date.
6. Notwithstanding anything contained herein above, our liability under this Guarantee is
   limited to Rs.____________(Rupees _________________________________________
   only) and our guarantee shall remain in force until ______________.
7. Any claim under this Guarantee must be received by us before the expiry of this Bank
   Guarantee. If no such claim has been received by us by the said date, the rights of the ONGC
   under this Guarantee will cease. However, if such a claim has been received by us by the said
   date, all the rights of the ONGC under this Guarantee shall be valid and shall not cease until
   we have satisfied that claim.

   In witness whereof, the bank through its authorised officer has set its hand and stamp on this
   __________________ day of ________________ 2004.

                                                    (Signature)
                                                    Full name
                                                    Bank Stamp
                                                    Attorney as per power
                                                    of Attorney No. ________ dated ______

WITNESS – 1                                         WITNESS - 2




       (Signature)                                  (Signature)
Full name and official address                      Full name and official address




                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                                                                           62




                                                                                ANNEXURE-X

        PROFORMA OF PERFORMANCE BANK GUARANTEE


Ref.No.______________                                Bank Guarantee No. ____________

                                                     Dated_______________________

To

IN CHARGE (LOGISTICS
OIL AND NATURAL GAS CORPORATION LTD
NERAVY,
KARAIKAL-609 604
(UNION TERRITORY OF PONDICHERRY)

Dear Sirs

     1. In consideration of Oil & Natural Gas Corporation Limited incorporated under
        companies Act, 1956 having its registered office at Jeevan Bharati tower-II, 124
        Connaught Circus, NEW DELHI-100 001 and one of its offices at Karaikal
        (hereinafter referred to „as “ONGC”‟ which expression shall unless repugnant to the
        context or meaning thereof includes all its successors, administrators, executors and
        assignees) having entered into contract No.______________________ dated (herein
        after called „the Contract‟ which expression shall include all the amendments thereto)
        with M/s.______________________ having its Registered/Head office at
        ________________(hereinafter referred to as the „Contractor‟) which expression shall,
        unless repugnant to the context or meaning thereof include all its successors
        administrators, executors and assignees) and ONGC having agreed that the contractor
        shall     furnish    to    ONGC      a     performance      guarantee    for    Indian
        Rupees_____________________ for the faithful performance of the entire contract.

     2. We (name of the bank) _____________________ registered under the laws
        of_______________        having    head/registered office at______________(herein
        referred to as “the Bank” which expression shall, unless repugnant to the context or
        meaning thereof include all its successors, administrators, executors and permitted
        assigns) do hereby guarantee and undertake to pay immediately on first demand in
        writing and any/all monies to the extend of Indian Rs.(in figures)_________________
        (Indian Rupees(in words) ________________) without any demur, reservation,
        contest or protest and/or without any reference to the contractor. Any such demand
        made by ONGC on Bank by serving a written notice shall be conclusive and binding


                                                        Signature of Bidder:    ……………………….
                                            Name of authorized signatory:       ………………………
                                                         Status of signatory:   ………………………
                                             Seal of the Tenderer/ Bidder:       …………………….
                                                                                       63



   without any proof on the bank as regards the amount due and payable,
   notwithstanding any dispute(s) pending before any court, Tribunal, Arbitrator or any
   other authority and/or any other matter or thing whatsoever, as liability under these
   presents being absolute and unequivocal. We agree that the guarantee herein
   contained shall be irrevocable and shall continue to be enforceable until it is
   discharged by ONGC in writing. This guarantee shall not be determined, discharged
   or affected by the liquidation, winding up, dissolution or insolvency of the Contractor
   and shall remain valid, binding and operative against the bank.

3. The Bank also agrees that ONGC 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 ONGC may have in relation to the Contractor‟s liabilities.

4. The Bank further agrees that ONGC shall have the fullest liberty without our consent
   and without affecting in any manner our obligations hereunder to vary any of the
   terms and conditions of the said contract or to extend time of performance by the said
   Contractor(s) from time to time or to postpone for any time or from time to time
   exercise of any of the powers vested in ONGC against the said Contractor(s) and to
   forbear or enforce any of the terms and conditions relating to the said agreement and
   we shall not be relieved from our liability by reason of any such variation, or
   extension being granted to the said Contractor(s) or for any forbearance, act or
   omission on the part of ONGC or any indulgence by ONGC to the said Contractor(s)
   or any such matter or thing whatsoever which under the law relating to sureties,
   would, but for this provision have effect of so relieving us.

5. 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 all dues of
   ONGC under or by virtue of this contract have been fully paid and its claim satisfied
   or discharged or till ONGC discharges this guarantee in writing, whichever is earlier.

6. This Guarantee shall not be discharged by any change in our constitution, in the
   constitution of ONGC or that of the Contractor.

7. The Bank confirms that this guarantee has been issued with observance of appropriate
   laws of the country of issue..
8. The Bank also agrees that this guarantee shall be governed and construed in
   accordance with Indian Laws and subject to the exclusive jurisdiction of Indian Courts
   of the place from where tenders have been invited.

9. Notwithstanding anything contained hereinabove, our liability under this guarantee is
   limited to Indian Rs.(in figures) ________________(Indian Rupees (in words)



                                                   Signature of Bidder:    ……………………….
                                       Name of authorized signatory:       ………………………
                                                    Status of signatory:   ………………………
                                        Seal of the Tenderer/ Bidder:       …………………….
                                                                                   64



_________________________) and our guarantee shall remain in force until
_______________________________(indicate the date of expiry of Bank Guarantee).

Any claim under this Guarantee must be received by us before the expiry of this Bank
Guarantee. If no such claim has been received by us by the said date, the rights of
ONGC under this Guarantee will cease. However, if such a claim has been received
by us within the said date, all the rights of ONGC under this Guarantee shall be valid
and shall not cease until we have satisfied that claim.

In witness whereof, the bank through its authorized officer has set its hand and stamp
on this __________ day of ______________ 2004 at______________


WITNESS No.1




_________________                                    ________________
(Signature)                                          (Signature)
Full name and official address                       Full name designation
(in legible letters)                                 (in legible letters)
                                                     with Bank stamp.




                                               Signature of Bidder:    ……………………….
                                   Name of authorized signatory:       ………………………
                                                Status of signatory:   ………………………
                                    Seal of the Tenderer/ Bidder:       …………………….
                                                                                          65




                                                                               ANNEXURE-XI
       FORMAT OF CONSENT LETTER FROM THE OWNER OF THE CRAWLER TRACTOR
                      (ON NON-JUDICIAL STAMP PAPER OF RS.100/-)



TO

_____________________

_____________________

_____________________

(Name and Address of the tenderer)

                                     Sub: Consent letter

Sir,
      I am the owner of the CRAWLER TRACTOR bearing registration number
____________. The validity of documents pertaining to aforesaid tanker is as below:

              (1)     Insurance valid               :
              (2)     Sale Deed from BEML           :
              (3)     Purchase Agreement            :
              (4)     Any other information:        :

With reference to the requirement of Crawler Tractor by ONGC for Drill Site Jobs vide
Notice Inviting Tender No. KKL/CP/TPT/CRAWLER TRACTOR/2004-2005, I hereby give
my consent to place my aforesaid Crawler Tractor under your control and use exclusively for
ONGC Job if Contract is awarded against the aforesaid tender. I hereby undertake that I shall
not enter into any correspondence with ONGC directly on any matter of whatever nature
connected to this tender.

This consent letter is valid for a period of THREE YEAR        w.e.f. …………………….. and
can be extended further if required so by you.

Name of owner:        ……………………………                    Signature:      ………………….……….

Address of owner:     ……………………………
                      ……………………………


                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                                                                              66




The consent letter furnished by Shri………………………………………. is accepted by the
undersigned. The Crawler Tractor offered by him shall remain under my control exclusively
for the hob under the tender. I shall remain fully responsible for payment of hire charges to
the aforesaid owner of the Crawler Tractor and indemnify ONGC from any claim by
Shri……………………………………. This is being furnished to ONGC as per the terms
and conditions of the tender document.




                                                                        Signature of the tenderer




                                                       Signature of Bidder:    ……………………….
                                           Name of authorized signatory:       ………………………
                                                        Status of signatory:   ………………………
                                            Seal of the Tenderer/ Bidder:       …………………….
                                                      67

                                                                                         ANNEXURE - XII

                                           UNDERTAKING
                                              (BEC Clause: A-2)


To
Dy. General Manager – I/c Logistics
ONGC, Karaikal Asset
Karaikal


Sir,


As per „Bid Evaluation Criteria” the tenderer is required to own minimum of 1 crawler Tractor of
required capacity or more capacity exclusively for the job under the subject tender.


I, being the tenderer, owning _______________ No. of Crawler Tractor at present and the details of
same are mentioned in the tender document.


I offer …………………. no. of Crawler Tractor manufactured not earlier than 10 years from the month
of inviting of tender (NIT publication month) against this tender.


In case I fail to fulfill the conditions of BEC, I understand that my tender is liable to be rejected.


Signature of the tenderer:

Name                     :

Witness
1.    …………………………………….
      (Signature with name & address)


2.     ……………………………………..
       (Signature with name & address)




                                                                       Signature of Bidder:    ……………………….
                                                           Name of authorized signatory:       ………………………
                                                                        Status of signatory:   ………………………
                                                            Seal of the Tenderer/ Bidder:       …………………….
                                                     68

                                                                                         ANNEXURE XIII
UNDERTAKING TO CONFIRM ACCEPTANCE OF CLARIFICATIONS/ MODIFICATIONS SUBSEQUENT TO PRE-BID CONFERENCE

                                              (BEC Clause B-21)




I/WeM/s……………………………………………….of…………………………………………………

………(address of the bidder)


hereby confirm acceptance of the clarifications and modifications / amendments in the tender document

after the pre-bid conference.




There are no exceptions/ deviations in our offer. In case any exception/deviation is observed in our

tender, our tender is liable for rejection.




                                                                                         Signature of tenderer




                                                                      Signature of Bidder:    ……………………….
                                                          Name of authorized signatory:       ………………………
                                                                       Status of signatory:   ………………………
                                                           Seal of the Tenderer/ Bidder:       …………………….
                                                  69

                                                                                    ANNEXURE - XIV

                                         UNDERTAKING

To
The Dy. General Manager (Logistics)
ONGC, Karaikal Asset
Neravy,
Karaikal-609 604.

                      SUB: PURCHASE OF TENDER DOCUMENTS
                      REF: TENDER NO. KKL/KA/TPT/RAWLER TRACTOR/2004-2005

The ONGC and the tenderer agree that the Notice Inviting Tenders is an offer made on the condition that
the Tender would be kept open in its original form without variation or modification for a period of
________________ (State the number of days from the last date for the receipt of tenders stated in the
NIT) AND THE MAKING OF THE TENDER SHALL BE REGARDED AS AN UNCONDITIONAL
AND ABSOLUTE ACCEPTANCE of this condition of NIT. They further agree that the contract
consisting of the above conditions of N.I.T. as the offer and the submission of Tender as the Acceptance
shall be separate and distinct from the contract which will come into existence when tender is finally
accepted by the ONGC. The consideration for this separate initial contract preceding the main contract
is that the ONGC is not agreeable to sell the NIT to the Tenderer and to consider the tender to be made
except on the condition that the tender shall be kept open for __________________(so many) days after
the last date fixed for the receipt of the tenders and the Tenderer desires to make a tender on this
condition and after entering into this separate initial contract with the ONGC. The ONGC promise to
consider the tender on this condition and the tenderer agree to keep the tender open for the required
period. These reciprocal promises form the consideration for this separated initial contract between the
parties.

If tender fails to honour the above terms and conditions, the ONGC shall have unqualified, absolute and
unfettered right to encash the EMD/Bank Guarantee for bid bond submitted in this behalf.



Yours faithfully                                                     Yours faithfully



(BIDDER)                                                             (PURCHASER)


(One copy on this agreement duly signed must be returned along with offer).




                                                                   Signature of Bidder:    ……………………….
                                                       Name of authorized signatory:       ………………………
                                                                    Status of signatory:   ………………………
                                                        Seal of the Tenderer/ Bidder:       …………………….
                                                70

                                                                                         ANNEXURE – XV
                                FORMAT OF AFFIDAVIT

   On a Non Judicial Stamp Paper of Rs20/- duly sworn before Notary Public or First Class
                                        Magistrate
                                (ref: BEC Clause : B – 19)

                                            Affidavit

  1.    That  my name    is   …………………………………………………                        s/o   Shri
        …………………………………….. resident of …………………………………………...
        aged …………. years and I am a Partner / Proprietor / Owner / Director of M/s
        ……………………………………………. the tenderer.

  2.    That I have submitted tender for “ Hiring Services for Crawler Tractors ” to In charge
        Logistics, ONGC, Neravy, Karaikal 609 604 and in support thereof I have submitted the
        copies of following documents duly Notarized as per the requirement of the tender:
        (i)    Ownership Certificate / Partnership Certificate / Registration Certificate / Articles of
               Association of the firm/ company.
        (ii)   Experience Certificate/ copies of work orders in support of showing experience.
        (iii) All relevant documents pertaining to owned and offered C. Tractor / equipments .
        (iv)   EMD in original.
        (v)    Relevant documents as Profit & Loss Account of last three years to show financial
               capacity.
        (vi)   Solvency Certificate.
        (vii) Employees Provident Fund Code Number / Self Certificate.
        (viii) Self certificate of never been blacklisted.
        (ix)   All Undertakings required as per tender conditions.

  3.    That all the information / documents submitted by me including, but not limited to, the ones
        listed above in the aforesaid tender are true and nothing has been concealed. In case the
        information is found false or incorrect, I shall be liable for legal consequence besides
        forfeiture o EMD / SD and summary termination of the contract. This right of ONGC for
        forfeiture of EMD / Security Deposit and taking legal action Criminal/ Civil against me / my
        firm / company is independent of any other recourse / remedy or action available to ONGC
        under NIT / contract.

Solemnly affirmed on this ………………………. day of ………………. 200….


                                                                                       Signature of Bidder
                                                                                 (with designation & seal)




                                                                 Signature of Bidder:    ……………………….
                                                     Name of authorized signatory:       ………………………
                                                                  Status of signatory:   ………………………
                                                      Seal of the Tenderer/ Bidder:       …………………….
                                                   71

                                                                                            ANNEXURE – XVI

UNDERTAKING FOR MOBILISING THE C-TRACTORS WITHIN SPECIFIED
                         PERIOD
                                           (BEC clause: A-8)

   UNDERTAKING

I/ We do hereby confirm that I /we will mobilize the Crawler Tractor within 60 days of issue of Letter of
Intent.

I/we further confirm that in case ONGC does extend the mobilization period by 30 days, the same would
be with applicable LD as stipulated in clause 8 under Section II of this tender document which can be
recovered by ONGC from any sum due to me/us either in the form of my/our monthly bills or EMD /
Security Deposit or any other sum payable to me/us by ONGC against any other contract.

I/we also confirm that in case I/we am/are unable to place Crawler Tractor within 90 days (60 days
mobilization period plus 30 days extension with LD in case ONGC does consider the same on merits)
from the date of issue of Letter of Intent (LOI), ONGC will have the right to cancel the LOI / terminate
the contract and forfeit the EMD.




                                                                                            Signature of bidder




                                                                    Signature of Bidder:     ……………………….
                                                        Name of authorized signatory:        ………………………
                                                                     Status of signatory:    ………………………
                                                         Seal of the Tenderer/ Bidder:        …………………….
                                                             72

                                                                                                 ANNEXURE-XVII



       TECHNICAL SPECIFICATIONS OF CHAIN TYPE CRAWLER TRACTOR.
                         (Specifications are from BEML or equivalent type tractor)

--------------------------------------------------------------------------------------------------------------
TYPE        ENGINE                  DRAWBARPULL                 STREEING / UNDER CARRIAGE
------------------------------------------------------------------------------------------------------------

BD –50 RATED BHP 100  10340 KG                                MIN TURNING RADIUS – 2.7 MTR.
       FLYWHEEL BHP90                                         GROUND CONTACT AREA
       MAXIMUM TORQUE                                          - 16680 SQ CM
       47.5 KGM                                               GRADABILITY –30‟

BD-65      FLY WHEEL BHP 165 28000 KG                           MIN TURNING RADIUS – 3.2 MTR
           MAXIMUM TARQUE –                                     GROUND CONTACT AREA
           -78 KGM                                              -26880 SQ.CM

BD-80       RATED BHP 192     19600 KG                          GROUND CONTACT AREA
            FLY WHEEL BHP 180                                   - 30576 SQ.CM
            MAXIMUM TORQUE –                                    GROUND PRESSURE
            -80 KGM.                                                0.58 KG/ SQ CM

-------------------------------------------------------------------------------------------------------------------
NOTE: SINCE THE CRAWLER TRACTOR ARE TO BE DEPLOYED IN ONGC OIL
           MINES AREA, THE EQUIPMENTS SHOULD HAVE THE FOLLOWING
           ATTACHMENTS AS PER MINES REGULATIONS:-



1.   HOOD FOR THE CRAWLER TRACTOR
2.   GEAR LOCKING ARRANGEMENTS
3.   SPARK ARRESTOR.




                                                                              Signature of Bidder:     ……………………….
                                                                  Name of authorized signatory:        ………………………
                                                                               Status of signatory:    ………………………
                                                                   Seal of the Tenderer/ Bidder:        …………………….
                                                  73

                                                                                   ANNEXURE-XVIII

                                  PRICE BID- SCHEDULE
(To be detached and submitted in separate sealed envelop)
      HIRING OF CRAWLER TRACTOR ON NEED & CALL BASIS


Rates to be quoted by bidder
(BD-80 / BD-65 / BD-50 CHAIN TYPE CRAWLER TRACTOR)

             S.NO Description of Services                 Rate
                                                         For 12 Hrs Duty
             1.      Daily charges for each tractor with Rs.
                     operating crew for 12 hr daily
                     duty(inclusive of 1 hr lunch /tea
                     Break )

The lowest (L-1) rate shall be evaluated based on the lowest offer of the bidders.


      I. The tractor will have to work normally for 12 hrs as per the timings fixed by the site incharge
      and it can be changed as per the requirement. The Corporation can fix, change the working
      hours at its own discretion. The tractor is required to work more than 12 hrs. also in case of
      work requirement and ONGC is not required to pay extra for such extra hours of work.

      II. Initially no mobilisation/demobilisation charges will be paid to place at ONGC site. But once
      the Crawler Tractor is hired it will be the responsibility of ONGC to transport the crawler
      tractor from one site to another site. Wherever possible the tractor has to move by its own power
      within a distance of 3-4 kms., where there is no hindrance. ONGC will not be held responsible
      for any damage/loss resulting to the equipment while transportation from one place to another
      and it shall be the duty of the agency for proper lashing etc of the equipment once it is loaded on
      ONGC hired trailer.




                                                                                           Signature of bidder




                                                                   Signature of Bidder:     ……………………….
                                                       Name of authorized signatory:        ………………………
                                                                    Status of signatory:    ………………………
                                                        Seal of the Tenderer/ Bidder:        …………………….

				
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