TENDER No: RCC/ERO/37/2023-24/PT-142

e-Tender ID: 2024_ERO_174801_1

Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 1 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Indian Oil Corporation Limited (MD)

EASTERN REGION OFFICE
REGIONAL CONTRACT CELL,
Indian Oil Corporation Limited (MD)
Eastern Regional Office
Indian Oil Bhavan
2 Gariahat Road (South), Dhakuria,
Kolkata-700 068

NAME OF WORK : Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and Bitumen/Lube/CBG
Plants) under Odisha State Office (ODSO) for a period of Three (3) Years with a
provision for extension by another Six(6) months on mutual consent

NOTICE INVITING TENDER (NIT)

E-TENDER NO: RCC/ERO/37/2023-24/PT-142

E-TENDER ID: 2024_ERO_174801_1

IOCL GSTIN: 21AAACI1681G1Z1 (Odisha)

SAC Code- 9954
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 2 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

ANNEXURE-1

Notice Inviting e-Tender (NIT)

Public Tender (PT) through e-Tender portal https://iocletenders.nic.in are invited in Two bid
system from reputed and financially sound parties having experience in similar works and
meeting qualifying parameters as given below:

A. TENDER DETAILS:

1 E-Tender No. RCC/ERO/37/2023-24/PT-142

E-Tender ID 2024_ERO_174801_1
2 Name of Work Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three(3)
Years with a provision for extension by another six(6) months on
mutual consent
3 Locations of the Main running ODSO Locations are as under :
Job i) Terminals (presently 3 Nos) : Paradeep Terminal, Bhubaneswar
Terminal, Jharsuguda Terminal and any other Terminal to be
maintained under ODSO.
ii) Depots (presently 1 No) : Balasore Depot and any other Depot to be
maintained under ODSO.
iii) AFS (presently 5 nos) : Bhubaneswar, Jharsuguda, Rourkela,
Sunabeda, Charbatia and any other AFS to be maintained under
ODSO.
iv) RCDs (presently 7 nos) : Brajrajnagar, Rayagada, Angul, Talcher,
Khurda, Jharsuguda, Puri (upcoming) and any other RCDs to be
maintained under ODSO.

4 Estimated value Rs. 670.00 Lacs (including [email protected]%)

of job for Three
years & Number The estimated cost is only directional and the successful bidders
of Parties to be cannot claim it as their right. The actual value of works can
empaneled. increase or decrease at the sole discretion of IOCL.

The total maximum financial implication for 3 years contract period is

estimated as Rs. 670.00 lacs Including GST

Nos of contractors required are 3 (THREE).

Average Quantum of Work/Contractor for 3 years : Rs. 223.33

Lacs including GST.

The quantum of works given in the tender document is only indicative

and is not the right of contractor. Indian Oil does not guarantee any
minimum or maximum quantum of works, during the currency of
contract. Separate call-up orders shall be issued by each
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 3 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Location/State Office for execution of works based on requirement

only.

In case of less availability of eligible Qualified Bidder(s) accepting L1

Rate against our requirement, the Corporation reserves the right to
award the balance Contract amount to the eligible bidder (s) accepting
L1 rate as per the following modalities:

a) Offer of balance value shall be subject to their consent to deliver

the additional value also within the scheduled completion period
and meeting the additional turnover criterion as mentioned below.

b) While awarding additional quantities to the Bidders, it is to be

ensured that the turnover criterion as specified in PQC is
satisfied, when calculated on the intended contract value. For
example, if Turnover in PQC is based on Contract Value (say, X),
and now work is to be awarded for a value of (X+A), where A is
the additional Contract Value, the Bidder’s Turnover should be
more than [ (T/X) * (X+A) ] during any of last Three Financial
Years as in PQC. Here, value of T is Rs. 100.00 Lakhs and value
of X is Rs. 223.33 Lakhs

c) The principle mentioned in (a) & (b) above shall also apply in
case, no Bidder agrees to match L-1 rate or no Bidder other than
L1 Bidder is Technically qualified and balance quantity of
Contract value is offered to L-1 bidder

However Call up PO value against rate contract will be maximum

Rs. 50 Lakh with GST.

5 Work Completion Contract Period- 3 Years from date of placement of LOA (Letter of
Time/ Contract Acceptance) for Rate Contract extendable for further period of six (6)
Period months on mutual consent basis.

Work Completion Time- Call-up POs for every individual work will be
placed separately with completion time by the concerned
Location/ODSO.
6 Tender Fee NIL ( being e-tender )
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 4 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

7 Earnest Money There is no EMD for this tender.

Deposit (EMD)
Bidders to note that there shall be no requirement of paying EMD
against this e-Tender. However, all bidders shall be required to
mandatorily submit the Bid Security Declaration in lieu of EMD as per
the standard format attached.

The requirement of submission of Bid Security Declaration shall also

be applicable on bidders who are exempted from payment of EMD
(MSEs as per PPP, Startups, CPSEs and JVs).

The bid shall be summarily rejected if Bid Security Declaration in lieu

of EMD is not uploaded in e-Tendering portal on or before tender
submission date and time.

8 Document Please refer e-tender Portal

Download / Sale
Date
9 Pre-bid Meeting As per e-Tender portal at the following address:
9th Floor Central Wing, Indian Oil Bhavan, 2 Gariahat Road, Dhakuria,
Kolkata- 700068.
Bidders may visit the construction site to have the complete idea/
information pertaining to the entire scope of works before the Pre-Bid
meeting. Bidders need to provide the list of clarifications required, if
any, along with Para/clause no. of the tender document, before the pre-
bid meeting. Tenderers may also note that after the clarifications are
given against the points raised before Pre-Bid Meeting, no further
deviation shall be permitted and such clarifications shall be binding on
all bidders.

10 Bid Submission Start Date: Please refer e-tender Portal

Date and Time End Date: Please refer e-tender Portal https://iocletenders.nic.in
for this Tender
11 Technical Bid Please refer e-tender Portal https://iocletenders.nic.in
Opening Date &
Time
12 Original As per tender document
Documents
Verification
13 Validity of the Offer shall be valid for 120 days from date of opening of technical bid.
Tender In case of requirement, IOCL may seek further extension of the validity
of the offer from the bidders.
14 Name: Dipanjan Barai
CONTACT
Designation: Chief Manager (Contracts)
PERSON
Contact No: 7797260606
Email ID: [email protected]

Address: Contract Cell, Indian Oil Corporation Ltd. (MD), 9th Floor
Central Wing, Indian Oil Bhavan, 2 Gariahat Road (South), Dhakuria,
Kolkata – 700068.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 5 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

15 Independent Not Applicable in this Tender

External Monitors
(IEMs)

Note: Corporation reserves right to revise/ extend any Date/ time from scheduled
timelines of published tender.

16. Pre-Qualification Criteria (PQC) :

a Similar Work Bidder should have experience of having successfully completed
Criteria similar work of value Rs. 25.00 lacs (inclusive of GST @18%) or
above in any of the last 5 years up to the last day of the month
previous to the one in which tender is being invited (i.e, from
01.01.2019 to 31.12.2023), should be either of the following:

Painting with or without scaffolding works for Above Ground

vertical tanks or Pipeline at Petroleum & Gas
Installations/Refineries/ Petrochemical Plants or Chemical
Industries. For Chemical industry, the chemical should be
covered in the list of hazardous chemical under MSIC rules.

Note:
a) Petroleum & gas Installations for this tender shall include
Consumer/Institutional Installations like
RDI/RCD/Defense/Power generation Plants.
b) Cumulative value of Call ups against Rate contracts shall
not be considered against monetary value for similar work.
Only individual call-up value shall be considered.
c) In case of sub-contracted work order, the bidder needs to
submit necessary documents to indicate that the original
service receiver has given approval for the sub-contract.
d) Rate Contracts shall not be accepted against Similar Work
Criteria, however individual Call up POs issued under Rate
Contracts will be considered.
e) The similar work being submitted for PQ criteria, should be
completed in all respects and final bill / completion certificate
/ proof of payment should be submitted as proof of
completion. In other words, works in progress or incomplete
works will not be considered for qualifying purpose, even if
the value of work completed is meeting the requirement
given above.
f) The value of completed works as indicated above shall be
inclusive of Goods & Services Tax (GST). The value of
completed job indicated by the prospective bidders shall be
compared with values as prescribed above. There shall be
no deduction against taxes.
g) Stand alone credentials against PQ Criteria shall be
considered.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 6 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

h) The experience of the tenderer for work completed as per

above requirement must be of their own and not with the
support of another party/ parent company/ subsidiary/
partner firm/ group firm/ backup firm or as a consortium etc.
The credentials of the parent company, JV Partner
Company, subsidiary company etc shall not be considered.
i) Work carried out at multiple locations through a single
Purchase Order will be considered as one similar work of
value equal to the cumulative value of the locations included
in the Purchase Order.

Documents to be (i) In case of work order from Government Bodies/PSUs- Copies of

submitted against Contract Document along with either completion certificates or duly
Similar Work certified copy of bill/invoice. Copy of contract document may not be
Criteria insisted if completion certificate/ bill/ invoice copy specifies details
otherwise required like date of PO/ contract agreement, contract value,
execution value, date of completion and other requirements if any.
(ii) In case of work order from Private Parties- Certificate from CA
certifying value of work done with TDS certificates (where applicable) /
Bank statement shall be required in addition to that specified in (i),
which shall be used as corroborative evidence only.
(iii) In case of foreign currency transaction to Indian firms, proof of
remittance shall also be required.
(iv) Against orders placed by IOCL, proof of completion may be
established from internal records.
(v) Orders for which details of completion are available directly from
client or from database against past orders can also be accepted
(specifically when no. of bidders getting qualified is less than 3).
(vi) Work Orders which are not completed till the last 5 years up to the
last day of the month before the one in which tenders are being invited
shall not be considered for evaluation under Pre-Qualification Criteria
(PQC) even if running bill payment received against the Work Order
meets qualifying amount mentioned above.
b Annual Turnover Criteria

(i) Minimum Annual Annual turnover of the Tenderers during any of the preceding three
Turnover financial years (FY 2020-21, 2021-22, 2022-23) should be at least Rs.
100.00 lacs.
(ii Documents to be Definition of Turnover: Total Revenue as per Schedule III of
) submitted against Companies act, 2013 (Earlier revised Schedule VI of Companies Act,
Annual Turnover 1956) shall be considered as Turnover.
Criteria Turnover for this purpose should be as per audited Balance Sheet
including P&L Statement/ Published Account / Profit & Loss Account
Statement of the tenderer. However, if the tenderer is not required to
get its accounts audited under Section 44AB of The Income Tax Act,
1961, certificate from a Practicing Chartered Accountant towards the
turnover of the tenderer along with copies of its Income Tax Return
should be obtained.
Audited Balance Sheet (P&L Statement)/Published accounts on a
calendar year basis shall also be acceptable.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 7 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Audited Turnover documents must be signed and stamped by CA

(Chartered Accountant) with Membership No./Firm Registration No.

Provisional Balance Sheet and P&L account statement shall not be

considered for evaluation, even if the same is uploaded.
c Important Note to PQ Criteria

Notwithstanding any other condition/ provision in the tender documents, bidders

are required to submit complete documents pertaining to PQC (Pre-qualification
Criteria) along with their offer. Failure to meet the PQC will render the bid to be
summarily rejected.

IOC reserves the right to complete the evaluation based on the details furnished
by the bidders, with or without seeking any additional supporting
documents/clarifications”.

Tenderer not fulfilling all the above Pre-Qualifying Criteria need not apply.

Tender documents are non transferable. It may be noted that mere submission of the
relevant information and meeting the qualifying criteria would not entitle the tenderer
for technical qualification.
d Relaxation for MSME & Purchase Preference -Make in India(PP-MII )

As the tender falls under the category of works contract, there shall be no relaxation for
MSME in this Tender

However, Purchase Preference (Linked with Make In India) (PP-MII) is part of this
tender. Bidder under (PP-MII) category Class-I Local supplier (Local Content(LC) >=
50%) will get option to avail preferential benefit.

1 Other Mandatory Documents

7
The following Other Mandatory Documents are also required to be submitted by the bidders
which will form part of Qualifying Criteria in Evaluation Process :
 PAN CARD.
 PF Registration Certificate
 GST Registration Certificate
 Partnership deed or Certificate of Incorporation with Memorandum & Articles
of Association
 Power of Attorney:

Authority of the person uploading the bids with his DSC shall be required to be
submitted in the bids. Document required showing the authority of the person
uploading & submitting the bid with his Digital Signature Certificate shall be as given
in the following table.

In case of Proprietary Concern If the bid is submitted by the proprietor, no

POA required. However, he will upload
undertaking certifying that he is sole proprietor.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 8 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

If the bid is submitted by person other than

proprietor, POA authorizing the person to
submit bid on behalf of the concern.

In case of Company Certified copy of Board Resolution authorising

the person submitting the bid on behalf of the
company.
OR
POA and the supporting Board Resolution
authorising the person submitting the bid on
behalf of the company.
In case of Partnership Firm/LLP POA along with Deed of Partnership / LLP
Agreement.
In case of Co-Operative Society Copy of resolution passed as per Society
Rules.

 Standard Declarations:

a) Declaration on “Acceptance of all Terms and Conditions of

Tender” to be submitted as per format in the Declaration
Excel File named Declarations_Public_Tender_142
(Annexure-A) in lieu of resubmission of the entire tender
document

b) Declaration on NCLT/NCLAT/DRT/DRAT/Court
Receivership/Liquidation to be submitted as per format in
the Declaration Excel File named
Declarations_Public_Tender_142 (Annexure-B)

c) Land Border Declaration to be submitted as per format in the

Declaration Excel File named
Declarations_Public_Tender_142 (Annexure-C)

d) Declaration on non-tampering of tender data to be

submitted as per format in the Declaration Excel File
named Declarations_Public_Tender_142 (Annexure-D).

e) Declaration on “Black Listing/ Holiday Listing” to be

submitted as per format in the Declaration Excel File
named Declarations_Public_Tender_142 (Annexure-E).

f) Declarations “A, B, C & D” to be submitted as per format in the

Declaration Excel File named Declarations_Public_Tender_142
(Annexure-F).

g) Undertaking for Business Transaction status to be submitted as

per format in the Declaration Excel File named
Declarations_Public_Tender_142 (Annexure-G).
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 9 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

h) Particulars of Bidder Firm to be submitted as per format in the

Declaration Excel File named Declarations_Public_Tender_142
(Annexure-H).

i) Undertaking on No Multiple Bidding to be submitted as per format

in the Declaration Excel File named
Declarations_Public_Tender_142 (Annexure-I).

j) Self - Declaration on (PP-MII), Purchase Preference Linked with

Public Procurement (Preference to Make in India) to be submitted
as per format in the Declaration Excel File named
Declarations_Public_Tender_142 (Annexure-J)

k) “Bid Security Declaration in lieu of EMD” to be submitted

as per format in the Declaration Excel File named
Declarations_Public_Tender_142 (Annexure-K)

l) Declaration against Safety Violation. Scanned copy to be uploaded

as per Annexure-17)

1 Evaluation Criteria
8
The procedure for evaluation of tenders shall be as follows:

a) This is a two-bid public tender. Techno-Commercial Bid and Price Bid.

b) Only the Technical Bid, of those parties uploading their tenders before due date and
time of submission, shall be considered for opening.
c) The techno- commercial bid shall be scrutinized and evaluated based on the
qualifying parameters mentioned above and on the basis of the uploaded documents
in e-tender portal. To assist in the scrutiny, evaluation and comparison of bids, IOCL
may, at their discretion, request clarifications on the bid from the bidder including
submission of additional supporting documents/clarifications.
d) The Price Bid of only those parties shall be opened who qualify as per the qualifying
parameters after evaluation as mentioned above. Prior intimation will be sent to the
qualifying parties regarding due date and time of opening of Price Bid.
e) Bidders shall have to quote in percentage above / below / at par, over the rates
indicated in the price schedule & same shall be applicable uniformly to all items.
f) The lowest quote after opening of price bid (with or without negotiation) shall be
considered as L-1 rate for further processing.
g) In case of tie between two or more bidders at L-1 position, all the L-1 bidders shall be
asked to submit the discount bid in terms of percentage discount over previous
quoted amount in a sealed envelope (activity outside the e-portal). In case there is a
tie again, the bidder with highest turnover in any of the last 3 years as submitted
against turnover criteria shall be considered as L-1 bidder.

Modality for receiving price implication from bidders for breaking of tie:

h) Mode of information to bidders shall preferably be through Mail with

copy throughcourier/registered post.
i) Receipt both by hand and through post shall be acceptable. If received in
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 10 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

advance, thesame may be put in tender box.

j) Normally at least 7 days shall be given for submission & opening of
revised price-bid / price implication. However IOCL reserves the right to
alter this period.
k) In absence of response (non receipt of revised bid/implication), the bid
may be treated as one with nil additional discount.

l) Based on the offers received from the bidders, a merit list of all technically qualified
bidders will be prepared and they will be arranged in ranking from lowest quote to the
highest quote i.e. ranking shall be done in ascending order of their quotes L-1, L-2, L-
3, ……, Ln…...
m) The Lowest Rate shall mean the “Lowest Acceptable Rate” quoted by L-1 Bidder (with
or without negotiation as the case may be), after following the Corporation’s rules on
the procedure of bid comparison.
n) Once the lowest acceptable rate is decided, the same will be offered to all the
qualified bidders at once.
o) In addition to the L-1 Bidder, other qualified Bidders in ascending order of the merit
list up to the required number would be considered for selection subject to their
matching and acceptance of L-1 rate and considering allocation to eligible preferential
bidders (PP-MII Class-I). However, number of bidders proposed for empanelment will
be restricted to the requirement of contractors as per NIT. Bidders not accepting the
offered rate shall not be considered for empanelment.
p) However, IOCL reserves the right of allocation of work besides to increase or
decrease the quantum of works during pendency of contract depending on the
performance of the contractors and requirement of the Corporation.
q) In case same percentage is quoted by two or more Bidders at other than L-1 position,
Preferential Bidder (s) (i.e. PP-MII Class-I Bidders within L1 +20% ) will be preferred
in ranking compared to Non-preferential Bidder (s) ( i.e.Non PP-MII Bidders).
However, for quoted rates beyond L1 +20%, Bidders with higher turnover in any of
the last three years as per Turnover criteria will be preferred in ranking and there will
be no preference to the Preferential Bidder(s) in Bid ranking.
r) In case there is tie between two or more bidders of same Category (i.e. either PP-MII
or Non-PP MII) at other than L-1 position, bidder with higher turnover in any of the last
three years as per Turnover criteria will be preferred in ranking.
s) The list of Bidders who have accepted L-1 rate, but could not be empanelled, shall be
given the option of remaining on waitlist through a consent. In case an empanelled
party backs out/ is removed from the Empanelment for lack of performance or there is
a need for additional contractors at a later date during validity of the Contract, the next
party on the wait list can be included in the empanelled list subject to approval.
t) In case a Bidder is put on holiday/Blacklisted after opening of Price Bid, then bid of
such Bidder will be ignored & will not be further evaluated. The Bidder will not be
considered for issuance of order even if the Bidder is the Lowest quoted Bidder. In
such situation the next lowest Bidder shall be considered as L-1 Bidder.
u) In case of less availability of eligible Qualified Bidder(s) accepting L1 Rate against our
requirement, the Corporation reserves the right to award the balance Contract amount
to the eligible bidder (s) accepting L1 rate as per the following modalities:
i. Offer of balance value shall be subject to their consent to deliver the additional value
also within the scheduled completion period and meeting the additional turnover
criterion as mentioned below.

ii. While awarding additional quantities to the Bidders, it is to be ensured that the
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 11 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

turnover criterion as specified in PQC is satisfied, when calculated on the intended

contract value. For example, if Turnover in PQC is based on Contract Value (say, X),
and now work is to be awarded for a value of (X+A), where A is the additional
Contract Value, the Bidder’s Turnover should be more than [ (T/X) * (X+A) ] during
any of last Three Financial Years as in PQC. Here, value of T is Rs. 100.00 Lakhs
and value of X is Rs. 223.33 Lakhs

iii. The principle mentioned in (i) & (ii) above shall also apply in case, no Bidder agrees
to match L-1 rate or no Bidder other than L1 Bidder is Technically qualified and
balance quantity of Contract value is offered to L-1 bidder

v) Separate Contracts shall be placed for each selected bidder at the L1 rate as
explained above. They will be awarded individual call-up PO (work orders) against
their respective contracts in any of the above-mentioned locations under ODSO as
per the requirement of IOCL.
w) Negotiations shall not be conducted with the bidders as a matter of routine. However,
Corporation reserves the right to conduct negotiations. Tenderers will have to attend
the Office of INDIAN OIL CORPORATION LIMITED as informed by Tender Issuing
Authority for negotiations/clarifications at their own cost as required in respect of their
quotation without any commitment from INDIAN OIL CORPORATION LIMITED.
x) IOCL shall not be bound to accept lowest or any tender and reserve the right to
accept one or more tenders in part or full. The decision of IOCL in this regard shall be
the final.
y) Document verification with originals shall be carried out after opening of price
bids for the short listed bidder(s) only. Since documents are submitted by the
bidder(s) in the tender, the responsibility of authenticity of documents shall be
with the bidder(s).
Shortlisted bidder(s) shall be required to present their original documents to
the tender inviting authority within a period of 7 days from the date of intimation
by IOCL.
In the event of failure of such bidder(s) to get the documents verified, the
Bidder will be suspended from being eligible for bidding / award of all future
contract (s) of Indian Oil Corporation Limited for a period of one year. In case it
is observed that if any bidder(s) submitted forged documents / credentials,
necessary action for holiday listing of the bidder(s) shall be carried out.
z) Distribution of Work:
The total amount of works shall be equally distributed amongst the empanelled
bidders for creating individual SAP Contract for the entire Contract period. Work will
be equitably distributed among the empanelled bidders during call-up placement.

It is also to be noted that there is no guarantee of execution of full contract value of

respective vendor. However, the corporation reserves the right to increase/decrease
any contract value in partial or full depending upon the performance of the
contractor during the period of contract..

aa) Performance of the contractors will be closely monitored and if any of the contractors
are de-empanelled / suspended and if the work allocation of other performing
contractors has been exhausted, re-allocation of value from such suspended / holiday
listed contractors' portion of the contract to balance performing contractors to be
obtained.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 12 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Public Procurement (Preference to Make in India) (PP-MII) order 2017 Clause:

1 PP-MII Order 2017 (including amendments) shall be applicable for this Tender.
The applicable definitions shall be as covered under Public Procurement (Preference to
Make in India) Order 2017 - Revision dated 16.09.2020 issued by DPIIT read in conjunction
with MoPNG Order FP-20013/2/2017-FP-PNG-Part (4) (E-41432) dt 26.04.2022 shall be
applicable for this tender.

2 The classification, Margin of Purchase preference, broad allocation and tender

categorization shall be as follows:

SN Description Details
1 Supplier Classification:
a. Class-I Local supplier LC >= 50%
b. Class-II Local supplier LC >=20% < 50%
c. Non-Local supplier LC < 20%
2 Margin of Purchase preference (PP- 20% (i.e. L1+20%)
MII)
Note: Local value addition through services such as transportation,
insurance, installation, commissioning, training and after sales services
support like AMC/CMC etc shall continue to be considered in the local
content calculation.
3 Eligibility of suppliers for different types of procurement:
a) Only Class-I local supplier and Class-II local supplier shall be eligible to bid
in procurements undertaken by procuring entities
b) For the purposes of the PP-MII Order 2017, works includes Engineering,
Procurement and Construction (EPC) contracts and services include System
Integrator (SI ) contracts
4 Purchase preference:
Note: Purchase Preference-Make in India shall be admissible only for
Class-I Local supplier.
Subject to the provisions of the PP-MII Order 2017 and to any specific
instructions issued by the Nodal Ministry or in pursuance of the Order,
purchase preference shall be given to Class-I local supplier in
procurements undertaken by procuring entities as per the eligibility of
suppliers.

3 Verification of local content:

a) The Class-I local supplier / Class-II local supplier at the time of tender, bidding or
solicitation shall be required to indicate percentage of local content and provides self-
certification that the item offered meets the local content requirement for Class-I local
supplier / Class-II local supplier, as the case may be. They shall also give details of
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 13 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

the location(s) at which local value addition is made.

b) In cases of procurement for a value in excess of Rs 10 crores, the Class-I local
supplier / Class-II local supplier shall be required to provide a certificate from the
statutory auditor or cost auditor of the company (in the case of companies) or from a
practicing cost accountant or practicing chartered accountant (in respect of suppliers
other than companies) giving the percentage of local content.
c) False declarations will be in breach of the Code of Integrity under Rule 175(1)(i)(h) of
GFR for which a bidder or its successors can be debarred for up to two years along
with such other actions as may be permissible under law.
A supplier who has been debarred by any procuring entity for violation of this Order shall
not be eligible for preference under this Order for procurement by any other procuring entity
for the duration of the debarment. The debarment for such other procuring entities shall
take effect prospectively from the date on which it comes to the notice of other procurement
entities, in the manner prescribed under Clause 9h. of the Order.
4 Reciprocity Clause:

a) Entities of countries which have been identified by the nodal Ministry / Department
as not allowing Indian companies to participate in their Government procurement for
any item related to that nodal Ministry shall not be allowed to participate in
Government procurement in India for all items related to that nodal Ministry /
Department, except the list of items published by the Ministry / Department
permitting their participation. The term entity of a country shall have the same
meaning as under the FDI policy of DPIIT as amended from time to time.
b) Specifying foreign certifications / unreasonable technical specifications / brands /
models in the bid document is restrictive and discriminatory practice against local
suppliers. If foreign certification is required to be stipulated because of non-
availability of Indian Standards and / or for any other reason, the same shall be
done only after written approval of Secretary of the Department concerned or any
other Authority having designated such power by the Secretary of the Department
concerned.

5. All Bidders participating in the tender shall submit LC declaration against qualifying as
Class-I, Class-II or Non-Local supplier. The formats for Bidders Declaration / Undertaking
on classification regarding Local Content (LC) are attached and shall be adopted for all
tenders to be invited. Local value addition through services such as transportation,
insurance, installation, commissioning, training and after sales support like AMC/CMC etc
shall continue to be considered in local content calculation.

NOTES:

PP-MII bidder mentioned above means Class-I Local supplier as defined in the PP-MII
Order 2017.
In case of works, above modality of purchase preference is not applicable for MSE’s and
MSE bidders shall be treated as a Non preferential bidder.

Class-II local supplier will not get purchase preference in any procurement undertaken by
procuring entities.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 14 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

In cases of Public Tender for Works, if the bidder does not provide declaration against
being a Class I or Class II Bidder as per Annexure-J (even after giving opportunity),
the bid shall be rejected as being from a non-eligible bidder.

It may be noted that only qualified preferential bidders who have quoted within the
applicable purchase preference margins, submitted valid documents towards establishing
their status for purchase preference and agree to match the offered L-1 price shall only be
considered for allocation as per terms and conditions of the tender.

Selection of bidders amongst the L1 bidder and the bidders who have matched the
offered L1 rates, shall be done as under based on the number of parties required as
per the tender:

Since 03 parties are required for this tender and out of which at least 02 PP-MII (Class-I)
parties ( i.e at least 50% of total requirement subject to matching L-1 rate and their quoted
price falling within the Margin of Preference of L1+20%) and maximum upto 03 PP-MII
(Class-I) parties to be selected (if available and meeting criteria under PP-MII Order
2017) and the work allocation is equitable, the parties will be selected as per the following
methodology subject to matching the established L1 rates:

1. In case the L1 Bidder is non-PP-MII and PP-MII (Class-I) Bidders are falling within
L1+20%:
a) L1 Bidder will be selected.
b) 02 PP-MII (Class-I) Bidders will be selected in order of Ranking subject to
matching L1 Rate falling within L1 +20% for L2 & L3 positions.
c) In case no PP-MII (Class-I) Bidder matches L1 Rate or non-availability of PP-MII
(Class-I) Bidder, balance requirement will be met from other qualified bidders in
order of Ranking subject to matching L1 Rate.

2. In case the L1 Bidder is non-PP-MII and no PP-MII (Class-I) Bidder falling within
L1+20%:
a) L1 Bidder and balance required Bidders for L2 & L3 positions will be selected in
order of Ranking subject to matching L1 Rate by bidders at other than L1
position.

3. In case the L1 Bidder is PP-MII (Class-I):

a) L1 PP-MII (Class-I) Bidder will be selected.
b) 01 more PP-MII (Class-I) Bidder will be selected falling within L1+20%, in order
of Ranking and subject to matching L1 Rate for L2 position.
c) Balance requirement of 1 Bidder for L3 position will be met from other qualified
bidders in order of ranking subject to matching L1 Rate. However, if the bidder
happens to be PP-MII (Class-I) Bidder, falling within L+20%, who quoted
identical rate with other Non-PP-MII Bidders but is ranked higher due to PP-MII
(Class-I) status , then such Bidder will be treated as PP-MII (Class-I) Bidder.
Hence, maximum 03 PP-MII (Class-I) Bidders may be selected in this case
d) In case PP-MII (Class-I) Bidder does not match L1 Rate or non-availability of
PP-MII (Class-I) Bidder, balance requirement will be met from other qualified
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 15 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

bidders in order of Ranking subject to matching L1 Rate.

Note: Wherever mentioned, the term PP-LC (Purchase Preference linked to Local
Content) is to be read as PP-MII (Purchase Preference to Make in India).

1
9 OTHER POINTS:

1. Each tenderer can submit only one bid.

It is clarified that a person shall be deemed to have submitted multiple bids if he
submits more than one bid either individually or in any combination of person
(individual capacity, proprietor, affiliates, partnership, association of persons,
Company). All such multiple bids shall be liable for rejection.
(a) A person shall for this purpose mean an individual, proprietor, any partner,
association of persons, affiliate and company.
(b) A company shall for this purpose include any artificial person whether constituted
under the laws of Indian or of any other country.
(c) A person shall be deemed to have bid in a partnership format or in association of
persons format if he is a partner of the firm which as submitted the bid or is a member
of any association of persons which has submitted a bid.
(d) A person shall be deemed to have bid in a Company format if, the person holds more
than 10% (ten percent) of the voting share capital of the company which has
submitted a bid, or is a Director of the Company which has submitted a bid, or holds
more than 10% (ten percent) of voting share capital and/or is a Director of a holding
Company which has submitted the bid.
(e) Affiliates of a firm are not permitted to make separate bids directly or indirectly. Two
or more parties who are affiliates of one another can decide which affiliate will make
the bid. Only one affiliate may submit a bid. If two or more affiliates submit more than
one bid , then all such bids shall be liable for rejection.
2. Consultants or their subsidiary company or companies under the management of
consultant, are not eligible to quote for the execution of the same job for which they
are working as consultant.
3. Bids from Consortium or MOU parties shall not be accepted.
4. The bid of the party will also be rejected on the following grounds:

a) Tenderer not meeting tender qualifying parameter norms specified / not submitting
pre qualifying and Other Mandatory documents as per NIT.
b) Non-withdrawal of conditions imposed in tender document & conditions imposed
during negotiations.
c) A bidder who offers unsolicited reduction in the price offer whether before or after
the opening of the price part of the tender(s)/bid(s) shall be liable to have
his/its/their bid(s) rejected. Bidders may, however, at any stage offer a reduction if
such reduction is solicited or if the OWNER gives the Bidder an opportunity to
offer such reduction.
d) Tenderer submitting fabricated/ false/ forged documents for the tender.
e) Tenderer put on holiday list during the pendency of this tender.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 16 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Invalid Tenders:

A Tender is invalid and may be rejected in the following circumstances:

a) Does not submit Bid Security Declaration in lieu of EMD.
b) Does not fulfil minimum qualification criteria prescribed in the Tender Documents
c) Submits the tender after due date and time
d) Is holiday listed or blacklisted
e) Use of White / erasing fluid in Rates for physical bids
f) Does not submit complete price bid in line with bid requirements

Tender is also liable for rejection, if the tenderer :

a) Stipulates the validity period less than what is stated in the Tender Form. However, if the
Party agrees to extend the validity as required, the tender can be accepted.
b) Stipulates his own conditions.
c) Does not disclose the constitution of the firm with full names and addresses of all his
partners / Directors.
d) Does not fill in and sign the tender form as well as the schedule of rates, annexure,
specifications, etc.
e) if the tenders are partly quoted
f) if the tenders contain unacceptable terms and conditions
g) if the tender is not according to our format
h) In case of suo Moto reduction in the prices offered by the tenderer.
i) Revised price bid during validity period without being asked for.

Note to Bidder:

1) Tenderers to please note carefully the above schedule for Pre-Bid Conference since
all the clarifications, if any, with regard to Technical/ Commercial conditions shall be
given therein. Tenderers are advised to ensure that their queries must reach by e-
mail addressed to the Contact person as specified in NIT at least two working days in
advance for this purpose. Tenderers may also note that after the clarifications are
given against the points discussed in Pre Bid conference, no further deviation shall
be permitted and such clarifications shall be binding on all bidders. All are requested
to attend the Pre Bid conference.

2) Bidders can download the document from IOCL e-tender website

https://iocletenders.nic.in and participation will also be through the same website
only. Tender documents duly filled in should be uploaded in this website only.

3) Any addendum / Corrigendum / sale date extension in respect of above tender shall
be issued on our website: https://iocletenders.nic.in only and no separate notification
shall be issued in the press. Bidders are therefore requested to regularly visit our
website to keep themselves updated.

All bidders must login and visit their DASHBOARD on regular basis to get the timely
updates related to any communication sent in the form of e-mail/SMS by system.

3) Legal dispute, if any, arising during the evaluation of the tender shall be within the
jurisdiction of local courts.
a) For disputes up to stage of LOA – Kolkata
b) For disputes during execution stage –Bhubaneswar
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 17 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

4) IOCL’s decision on all matters pertaining to this tender is final and binding for all
bidders.

5) Please visit our website https://iocletenders.nic.in for further details of this tender.

6) Bidders may note that the following are attached separately and uploaded in the e-
tendering portal:

a) Special Instructions to bidders for participating in e-tendering

b) FAQ’s –online EMD facility in IOCL e-tendering and
c) Format for Acceptance of Tender Terms and Conditions

20. Salient features of the rate contract are as follows

Scope of Work: Scope of work shall include Maintenance painting of Tanks & Pipelines
at Terminals, Depots, AFS, RCDs/RDI’s and Bitumen/Lube/CBG Plants under ODSO.

The value of works including GST through any individual Work Order placed through the
Rate Contract will not exceed ₹ 50. Lacs.

GEOGRAPHICAL AREA OF WORKS UNDER ODSO LOCATIONS:

Main running ODSO Locations are as under :

i) Terminals (presently 3 Nos) : Paradeep Terminal, Bhubaneswar Terminal, Jharsuguda
Terminal and any other Terminal to be maintained under ODSO.
ii) Depots (presently 1 No) : Balasore Depot and any other Depot to be maintained under
ODSO.
iii) AFS (presently 5 nos) : Bhubaneswar, Jharsuguda, Rourkela, Sunabeda, Charbatia and any
other AFS to be maintained under ODSO.
iv) RCDs (presently 7 nos) : Brajrajnagar, Rayagada, Angul, Talcher, Khurda, Jharsuguda, Puri
(upcoming) and any other RCDs to be maintained under ODSO

Geographical area of Odisha State Office (ODSO) is the geographical boundary of the State of
Odisha.

INDIAN OIL CORPORATION LIMITED will not accept the Tender documents in physical
form.

21. Security Deposit (SD): The successful bidders have to deposit Permanent Security
Deposit amount of Rs. 100,000/- (Rupees One Lakh only ). No further SD deduction for
Work Orders upto 3.0 Lacs and SD deduction for work orders beyond 3.0 Lacs shall be @5% of
RA Bill value. SD shall be recoverable from SES through auto SD recovery system in SAP or as
decided by EIC.

22. IOC reserves the right to complete the evaluation based on the details furnished by the
bidder, with or without seeking any additional supporting documents/clarifications.

Indian Oil reserves the right to accept or reject any or all tenders at any time at their sole
discretion without assigning any reason whatsoever. In such a situation, IOCL shall not be liable
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 18 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

for any financial / legal or any other implications whatsoever incurred by the bidder for the
Tender.

23. Waiting list Option:.

The list of vendors who have accepted L-1 rate, but could not be empanelled, shall be
given the option of remaining on waitlist through a consent. In case an empanelled party
backs out / is removed from the empanelment for lack of performance or there is need for
additional contractors at a later date during validity of the Contract, the next party on the
wait list (complying PP-MII clause) can be included in the empanelment list subject to
approval from competent authority.

24. Statutory Compliance:

Empanelled Parties shall be required to comply the following, failing which action shall be taken
against them for de-empanelling and/or forfeiting of their ISD.

 Contractor should ensure the compliance with Labour Laws, PF, ESIC & other Statutory
Authorities.

The non compliance of the above will be treated as a serious violation of the terms and
conditions of the contract and IOC reserve the right to initiate suitable action for their failure.
25. INCOME TAX : Income Tax shall be deducted at source as per prevailing rules for which TDS
Certificate will be provided. The bidder should have valid PAN.

26. PROVIDENT FUND & ESIC Registration : The bidder should have valid PF and ESIC
registration and the successful bidder has to abide by the laid down norms.

27. GOODS AND SERVICE TAX REGISTRATION NUMBER (GSTN):

Successful vendor has to comply with guideline of Goods and Service Tax (GST) guidelines and
has to obtain Goods and Service Tax registration number. Party has to produce Tax Invoice
mentioning their Goods & Service Tax registration number. No payment will be released without
Goods & Service Tax Invoice.

28. PRICE ADJUSTMENT FOR DELAY IN COMPLETION OF WORK

In case of delay in completion of work, price adjustment will be applied @ ½ % per week or part
thereof (maximum 10%) as per Clause 4.4.0.0 of General Conditions of Contract.

In partial modification of Clause 4.4.0.0 of GCC, price adjustment for delay in completion shall
be deducted at applicable percentage from RA Bills, on cumulative value of works done up to
the concerned RA Bill. However, in case of abandonment of site / termination, price adjustment
for delay shall be applied in line with GCC clause 7.0.9.0 on the Total Contract value as
specified in the Acceptance of tender.

29. Performance Evaluation of Contractor: Performance evaluation shall be done for every work
of value more than Rs.5.0 Lacs.

30. Weeding Out of Non-Performing Contractors: Performances of contractors will be evaluated

on scale 1 to 5 through a standard format. Any party falling below 3 will be warned in writing.
Second consecutive failure shall entail non-allocation of works for a period of three months.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 19 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

31. ESCALATION / DE-ESCALATION CLAUSE :

Escalation / de-escalation clause shall be applicable for this tender.

31.1 Escalation/ de-escalation shall be applicable on the concluded rates of this Contact based on
All India Wholesale Price Index (WPI) for all materials and Consumer Price Index (CPI) for
Industrial workers on all India basis, published by RBI. The escalation/ de-escalation shall be
worked out every six months and the percentage increase/ decrease applicable on the
concluded rates shall be conveyed to all contractors. The percentage shall be applicable
uniformly for all the items contained in the Contract.

31.2 The rates Finalized for the rate contract shall be valid for a initial period of 6 months from the
date of placement of work order. The 1st Escalation/ de-escalation shall become due exactly
after 6 months of commencement of contract i.e. 6 months from date of placement of work order
(There shall be no Escalation/ de-escalation in the 1st 6 months of the contract). The revised
rates arrived at based on WPI/CPI and shall be valid for the next 6 months and so on till the
conclusion of the contract. The percentage increase/decrease shall be the same for all the items
in the contract.

31.3 For calculating the Escalation/ de-escalation, the percentage increase or decrease in WPI (For
all materials for all India) and CPI (for Industrial workers for all India) pertaining to the month
when revision falls due (Exactly after 6 months, 1 year, 1 ½ year etc). However the WPI for the
month of placement of work order shall be the basis. The variation in WPI and CPI shall be
given a weightage of 70% and 30% to arrive at the uniform rate applicable on all items,
irrespective of the requirement of labour, materials, any other input required for the particular
item. The method of calculating Escalation/ de-escalation is enumerated below.

31.4 Since the WPI and CPI of the month in which rate revision is due will not be immediately
published in the RBI Bulletin, the latest figures as published by RBI, which are available on the
RBI website on the exact date of expiry of 06 months period will be considered for calculation.
The revised rate shall be based on the increase / decrease of WPI / CPI with respect to the WPI
/ CPI for the month in which the rate contract has come into effect. The % increase / decrease
shall be same for all items in the contract irrespective of the material, labour or fuel components
required for each item. The rates so arrived at shall be valid for the next 6 months. The
escalation / de-escalation worked out as above and the revised rates shall be valid for the next
06 months of the contract period.

31.5 Once the Work Order is placed for individual works, the rates shall be firm for that work
irrespective of the completion period or extension granted, even if the work extends beyond 6
months.

31.6 In case the requisite RBI Bulletins on WPI & CPI are not available and the indices are not
available when the revision is due, in the intervening period, mention will be made in the Work
Orders to the effect that, revised rates based on WPI/CPI of the month shall be applicable for
the work.

31.7 FORMULA FOR CALCULATING ESCALATION/DE-ESCALATION

The working of escalation / de-escalation is based on WPI (All India Wholesale Price Index) for
all materials and CPI ( All India Consumer Price Index ) of Reserve Bank of India Bulletin. The
method for calculating escalation / de-escalation is as under:
Sl. No Item Index
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 20 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

1 WPI for the month X (Month of issue of Work Order - W1

Say January)
2 WPI data available at the beginning of 7th month W2
(Say Y) (WPI data of 3rd month after Month X -i.e.
March).
3 Percentage ( %) increase in WPI W3 = ( W2-W1) x
100/W1
4 CPI for the month X (Month of issue of Work Order - C1
say January
5 CPI data available at the beginning of 7th month C2
(CPI data of 3rd month after Month X -i.e. March)
6 Percentage ( %) increase in CPI C3 =( C2-C1) x 100
/C1
7 The escalation/De-escalation to be applied (%) ( E1= 0.70x
Weightage of 70% for WPI & 30% for CPI) W3+0.3xC3
For Example
8 Rate of any item in the Work Order R1
9 Increase /decrease in rate applicable from 7th month V1= E1xR1
to 12th month from the date of issue of Work Order
10 Revised rate applicable from 7th month to 12th R2=V1+R1
month
11 WPI data available at beginning of 13th month (say W4
Z) (WPI data of 9th month after Month X -i.e.
September)
12 Percentage (%) increase in WPI (W4 Vs Wl) W5 = (W4-Wl) X
100/Wl
13 CPI data available at the beginning of 13th month C4
say(Z) (CPI data of 9th month after Month X-i.e.
September)
14 Percentage (%) increase in CPI C4 Vs C1 C5 = (C4-C1)X
100/C1
15 The escalation/De-escalation to be applied {%) E2=0.7X
(Weightage of 70% for WPI and 30% for CPI) W5+0.3XC5
16 Increase /decrease in rate applicable from 13th V2 = E2 X R1
month to 13th month from the date of issue of Work
Order
17 Revised rate applicable from 13th month to 13th R3 = V2 + R1
Month as above
18 Similar escalation to be carried out at 19th ,25th and
31st Month. Escalation shall also be applicable from
the 37th Month in case of extension for period of up
to 6 months beyond 3 years.

In case of extension of contract, escalation shall be paid for the subsequent 6 month periods in
a similar manner as specified above.

32. Verification of original documents: As mentioned above.

33. Submission of Credentials: As mentioned above.

34. Instruction to Bidder / STC :

 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 21 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

I. Tenderers who have transferred their ownership rights either in whole or in part to another entity
or under process of transfer shall intimate the same to IOCL in their letter head while submitting
the bid. IOCL reserves its right to reject the tender of any entity, which has transferred its
ownership rights in whole or in part or which is in process of transfer without assigning any
reason for such rejection.

II. If the tenderer refuses or fails to share the information regarding their status of any kind of
business transfer process/ restructuring etc, in their tender or at any later stage, as applicable,
their tender is liable to be rejected by IOCL and without prejudice to any other remedy or action
available with IOCL.

III. BIDDERS UNDER INSOLVENCY OR LIQUIDATION OR BANKRUPTCY PROCEEDINGS

UNDER INSOLVANCY AND BANKRUPTY CODE’2016

Offers from following types of bidders shall not be considered:

a) If the bidder is undergoing insolvency resolution process or liquidation or bankruptcy

proceedings under insolvency & Bankruptcy Code’ 2016 (Code) or any other applicable law (in
cases where code is not applicable),
b) Insolvency resolution process or bankruptcy proceedings is initiated under the code or any other
applicable law (in cases where code is not applicable) against / by the bidder at any stage of
evaluation of the bid.

In the event, Insolvency resolution process or liquidation or bankruptcy proceedings is initiated

under the code or any other applicable law (in cases where code is not applicable) against / by
the bidder, after submission of its bid but at any stage of evaluation of bid, it will be the
responsibility of the bidder to inform IOCL within 15 days from the date of order of insolvency
resolution process or liquidation or bankruptcy proceedings passed by the Adjudicating
Authority namely, National Company Law Tribunal (NCLT) or Debt Recovery Tribunal (DRT)
under the code or any other applicable law (in cases where code is not applicable).

If the bidder refuses or fails to share the information regarding their status of Insolvency
resolution process or bankruptcy proceedings as sought hereinabove, in their bid or at any later
stage, as applicable is liable to be rejected by IOCL and without prejudice to any other remedy
or action available with IOCL, IOCL shall invoke the Bid Security Declaration.

IOCL reserves the right to cancel / terminate the contract without any liability on part of IOCL
immediately on the commencement of insolvency resolution process or bankruptcy proceedings
of any party under the contract.

In case where the bid of L-1 bidder is rejected on the aforesaid grounds during the period
between Price-Bid-Opening and Award of Contract, then the bid of the next higher eligible
bidder will be considered for processing,

If the bidder fails to share or mis-interprets the information regarding their status of insolvency
resolution process or bankruptcy proceedings as sought hereinabove and the bidder’s bid
results in a contract, IOCL without prejudice to any other remedy or action available to IOCL,
shall be within its rights to terminate the resultant contract.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 22 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

A Declaration / undertaking shall be submitted by the bidder in the attached format along with
the techno-commercial bid.

35. Counter Conditions ;

The tenderers are advised to submit their offer strictly as per the terms and conditions and
specifications contained in the tender document and not put forth conditions / counter
conditions. Conditional tenders shall liable for rejection.

36. Action Against Submission of Forged Documents

Canvassing of information or submission of forged or false documents / information by any
Tenderer shall make their offer invalid. In addition, action shall also be taken by IOCL including
invoking of Bid Security Declaration as well as putting the Tenderer on Holiday list.

37. INTEGRITY PACT AGREEMENT :

There is no Integrity Pact Agreement in this Tender. Hence, this clause is not applicable.

38. TAXATION:

The following Special Taxation Clauses (STC) are relevant for tenders for
contracts/tenders (except transportation tenders) under GST Law.

Clause Description
No.
DEFINITIONS
1 Contractual period / Work Completion Period /Contractual Delivery Date /
Contractual Completion Period shall mean the Scheduled Delivery / Completion
Period as mentioned in the LOA (Letter of Acceptance) or Purchase Order or
Work Order and shall also include approved extensions, if any.
GENERAL
1 Where any portion of the GCC/any other section of tender, is repugnant to or at
variance with any provision of the Standard Taxation Condition (STC), then the
provision of the STC shall be deemed to override the provisions of the GCC and
shall, to the extent of such repugnance or variations, prevail.
2 For the purpose of this STC, the term “tax” in addition to tax imposed under
CGST (Central Tax)/SGST (State Tax)/IGST (Integrated Tax)/UTGST (Union
Territory Tax)/ GST Compensation Cess Acts, also includes any duties, cess or
statutory levies levied by central or state authorities.
3 Rate variation in Taxes and any new promulgated taxes after last date of the
submission of price bid only on the final product and/or services (applicable to
invoices raised on IOCL) within the contractual delivery date /period (including
extension approved if any) shall be on IOCL’s Account against submission of
documentary evidence.

Further , in case of delay in delivery of goods and/or services, any upward rate
variation in Taxes and any new promulgated taxes imposed after the contractual
delivery date shall be to the Seller’s / Contractor’s Account.

Similarly in case of any reduction in the rate(s) of the Taxes between last date of
submission of price bid relevant to the Contract and the date of execution of
activities under the contract, the Contractor shall pass on the benefit of such
reduction to IOCL with the view that IOCL shall pay reduced duty/Tax to Govt.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 23 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Clause Description
No.
4 Wherever any escalation / de-escalation linked to raw material price (Basic price
excluding taxes) is allowed as per terms of the contract, Variation to the extent
related to escalation / de-escalation of value of material shall be allowed without
Tax unless specified otherwise.
5 It would be the responsibility of the contractor to get the registration with the
respective Tax authorities. Any taxes being charged by the Contractors would
be claimed by issuing proper TAX Invoice indicating details /elements of all
taxes charged and necessary requirements as prescribed under the respective
tax laws and also to mention his correct and valid registration number(s) along
with IOCL’s registration number as applicable for particular supply on all
invoices raised on IOCL.

Contractor to provide the GSTIN number from where the supply is proposed to
be under taken. Further the HSN Code / Service Accounting Code (SAC) as
applicable for the subject tender needs to be provided in the columns provided
in the technical bid.

In case the contractor is opting for Composition scheme under the GST laws (i.e
Section 10 of the CGST Act, 2017 and similar provisions under the respective
State / UT law), the contractor should confirm the same. Further the contractor
to confirm the issuance of Bill of Supply while submission of tender documents
and no GST will be charged on IOCL.

In case the contractor is falling under Unregistered category, the contractor

should confirm the same.
6 IOCL will be entitled to withheld/recover the amount equivalent to the value of
GST charged in tax invoice/debit note to IOCL along with other consequential
implications in cases where contractor/supplier defaults in deposit of taxes to
Govt. or non updation / incorrect updation of the invoice data in GSTN network
or non-filling of returns or wrongly charges Integrated Tax in place of Central
Tax + State/Union Territory Tax or vice versa or any other non-compliance of
GST laws.
The amount so withheld would be paid to contractor/supplier after successful
compliance of the defaults, like updation/rectification in subsequent months on
GSTN portal, on or before the maximum time stipulated for furnishing (filing) of
outward supply return/statement under Section 37(1) of the Central Goods and
Services Act, 2017, (CGST) for October of the next FY to which such
invoice/debit note pertains.
Such amount would be recovered being reduction in the value of original invoice
in case such default in compliance is neither corrected/rectified on or before the
time stipulated for furnishing (filing) of outward supply return/statement under
Section 37(1) of the Central Goods and Services Act, 2017, (CGST) for October
of the next FY to which such invoice/debit note pertains.
7 Tax element on any Debit Note / Supplementary invoice, raised by the
contractor will be reimbursed by IOCL as long as the same is within the
permissible time limit as per the respective taxation laws and also permissible
under the Contract terms and conditions. Contractors to ensure that such debit
Notes are uploaded while filing the Statutory returns as may be prescribed from
time to time.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 24 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Clause Description
No.
8 The contractor will be under obligation for quoting/charging correct rate of tax as
prescribed under the respective Tax Laws. Further the Contractor shall avail and
pass on benefits of all exemptions/concessions/benefits/waiver or any other
benefits of similar nature or kind available under the Tax Laws. In no case,
differential Tax Claims due to wrong classification of goods and/or services or
understanding of law or rules or regulations or any other reasons of similar
nature shall be entertained by IOCL.
9 Left blank
10 In case the contractor is opting for Composition scheme under the GST laws, in
such event the evaluation of his bid will be based on the Quoted Price.
In case the contractor is falling under Unregistered category, then GST liability, if
any, on IOCL will be included for the purpose of evaluation.
11 In case, IOCL is eligible to avail Input TAX Credit (ITC), the same shall be
reduced from the delivered price to arrive at the net landed cost.
12 IOCL shall reimburse GST levied as per invoice issued by the Contractor as
prescribed under section 31 of the CGST Act and respective states and Rules.
13 To enable IOCL to avail ITC, the contractor/supplier shall furnish/submit any and
all certificates, documents and declarations as are required by IOCL to avail of
the ITC with respect to GST reimbursed by IOCL on materials sold to IOCL.
14 Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at
the time of raising Invoice if the invoices raised are not as per Tax rates
mentioned in the bid, payment will be limited to the rate quoted as per BID
subject to increase /decrease in Rates after last date of submission of Price Bid
provided delivery is within the Contractual period.
15 Wherever provisions of Tax deduction at Source (TDS) are applicable under the
CGST / SGST / UTGST/IGST Act, 2017 on supplies of goods or services or both
to IOCL , tax will be deducted from the invoice raised and deposited with the
authorities by IOCL. TDS certificate as per provisions of CGST / SGST /
UTGST/IGST Act, 2017 shall be issued by IOCL.
16.1 Custom Duty for this clause shall mean Basic Custom Duty, Additional Duty of
Customs levied under Section 3 of the Customs Tariff Act equivalent to the IGST
and Education Cess and
Secondary and Higher Secondary Cess, Social Welfare Surcharge (SWS).
16.2 The contractor shall within 7 (seven) days of dispatch /shipment of any such
materials forward to the owner, the following documents.

Supplier’s /Vendor Invoice indicating item wise price of the materials for the
purpose of assessing customs and other Import duties
Bill of lading/Airway Bill
Package wise packing list
Certificate of origin and other relevant documents relating to the identification of
the materials.
Other relevant documents for the assessment of customs duties and the
clearance of goods through Customs.
16.3 The Contractor shall also be fully responsible for Port and Customs clearance
including stevedoring, handling, unloading, loading and storage and for
satisfying all Port and Customs formalities for the clearance of the goods ,
including preparation of the BILL(s) of Entry mentioning the applicable GSTIN of
IOCL and other documents required for import and or/clearance of the goods.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 25 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Clause Description
No.
The applicable GSTIN shall be advised by IOCL. The Contractor shall also be
fully responsible for any delays, penalties, interest, demurrages, shortages and
any
other charges and losses, if any in this regard.
16.4 The Custom Duty payable shall be reimbursed on production of supporting
documents or paid directly to the Customs Authority, as the case may be.
16.5 IOCL shall pay the CUSTOM DUTY within 1 (one) working day or specified
under Customs law, after the day on which the CONTRACTOR furnishes the
complete necessary documents including duty requisition slip along with BILL of
ENTRY to the IOCL’s designated office for release of requisite materials/
equipment from Customs.

However additional cost on account of delayed payment of Custom duty due to

IOCL’ s fault shall be paid by IOCL.
16.6 IOCL will not bear liability towards payment of safeguard duty, Anti Dumping
duty, Protective Duty or Countervailing Duty on subsidized articles or any other
such duties of Customs imposed by the Government of India under Custom
Tariff Act 1975 applicable on such materials in India.
16.7 All other costs towards Port and Customs Clearance shall be the contractor’s
responsibility including appointment and payment to clearing agents and no
reimbursement will be made by IOCL except as quoted in the price bid.
16.8 The contractor shall provide IOCL with all documents necessary for IOCL to
claim Input Tax Credit (ITC) of the IGST levied under Section 3 of the Custom
Tariff Act. Should the contractor fail to provide any such document(s) resulting in
a shortfall in the ITC available to IOCL, the shortfall shall be made good by the
contractor by issuance of suitable credit note to IOCL. In case the contractor
does not issue credit note to IOCL, in such case, IOCL would be constrained to
recover the amount along with interest and statutory levy, if any, and such
recovery would be without pre-judice to any other mode of recovery from the
Running Account or other bills
or payments to the Contractor.
16.9 The input tax credit available to IOCL will be reduced to arrive at the net Landed
cost in the hand of IOCL for evaluating the Bids.
16.10 In case the bidder is availing any exemption under the prevailing customs law,
then necessary documentary proof for availing the said exemption is required to
be submitted. In the event of non submission of the requisite documents as per
the conditions for availing the exemption by the successful bidder, then the
additional outflow on account of various taxes and duties will
be recovered from the bidder.
16.11 The Tariff Head under which the goods will fall should be clearly mentioned
along with the Custom Duty Rate at the time of submission of Bid.
17 ROAD PERMIT /WAY BILL
17.1 IOCL will issue Road Permit/Way Bill, by whatever name it is called, to the
Contractor only in those cases where materials is purchased by IOCL directly
and/or IOC is statutorily required to issue the Road permit/Way Bill, by whatever
name it is called. Contractor will be under obligation for proper utilization of road
permits for the specific supply and in case of seizure of goods/vehicle; the
Contractor will be wholly responsible for release and reimburse the
litigation cost to IOCL.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 26 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Clause Description
No.
17.2 IOCL shall on no account be responsible for delay or hold up due to the timely
non availability of such documents as are required to be furnished by the owner
to obtain the Road Permit/Way bill, by whatever name it is called. However,
IOCL shall make best efforts to provide sufficient number of Road Permits/way
bill, by whatever name it is called. on demand
to avoid any delay or Hold up.
18 Works Contract / Composite Supply / Mixed Supply
18.1 Works contracts as defined under the GST law includes Contracts for Building,
Construction, Fabrication, Completion, Erection, Installation, Fitting out,
Improvement, Modification, Repair, Maintenance, Renovation, Alteration or
Commissioning of any immovable property wherein transfer of goods is involved
in the execution of such contracts.

Composite Supply has been defined as supply in which two or more supply of
goods or service or both or any combination are naturally bundled and supplied
in conjunction with each other in the ordinary course of Business, and then the
rate as applicable for principal supply will be applicable on the entire transaction.

Mixed supply has been defined as supplies of goods or service or both which
are made in conjunction with each other for a single price and which does not
constitute a composite supply then the rate as applicable for the highest rate will
be applicable.

In view of the above various definitions under GST law, bidders are required to
evaluate the jobs to be undertaken covered under the tender and quote
accordingly by taking in to account the nature of Job read with the legal
provision.

The place of supply in relation to an immovable property shall be the location at

which the immovable property is located or intended to be located.
18.2 In case, IOCL is eligible to avail Input TAX Credit (ITC), the same shall be
reduced from the delivered price to arrive at the net landed cost. IOCL shall
reimburse GST levied as per TAX invoice issued by the Contractor as
prescribed under respective GST Acts and Rules. In case the contractor is not
permitted to issue Tax Invoice the same should be clearly mentioned in the
price Bid.
18.3 To enable IOCL to avail ITC, the contractor/supplier shall furnish/submit any and
all certificates, documents and declarations as are required by IOCL to avail of
the ITC with respect to GST reimbursed by IOCL on materials sold to IOCL
18.4 Invoice should be raised as per Tax Rates mentioned in the BIDs and in case at
the time of raising Invoice if the invoices raised are not as per Tax rates
mentioned in the bid, payment will be limited to the rate quoted as per BID
subject to increase /decrease in Rates after last date of submission of Price Bid
provided delivery is within the Contractual period.

Clause Description
No.
INCOME TAX :
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 27 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Clause Description
No.
1 The contractor shall be exclusively responsible and liable to pay Taxes on
Income arising out of payment made out of the contract.
2 Wherever withholding tax (TDS) is applicable under the Income tax Act , 1961
the same will be deducted from the Invoices raised and Certificate as per
provision of the Income tax Act and it Rules will be issued to the contractor.
3 Where the contractor is eligible for deduction at lower rate of TDS, supporting
documents to be furnished to paying authority of IOCL before the payment is
released. Once the deduction is made at higher rate and TDS is deposited to
authorities, no claim will be entertained by IOCL.
4 1. Notwithstanding anything mentioned in the contract, Letter of Acceptance,
BID Documents or any correspondences, following clauses shall be applicable
with respect to Indian Income Tax including withholding tax.
2. The CONTRACTOR shall be exclusively responsible and liable to pay all
income taxes on any payments arising out of the Contract, whether payable in
India or in any other jurisdiction.
3. Any payment to non-resident or its permanent establishment (PE) in India
which is chargeable to tax in India attracts withholding tax in India under Income
Tax Act, 1961 shall be subject to provisions of Double Taxation Avoidance
Agreement(DTAA) ,wherever applicable, for withholding tax purposes only.
5 4. Contractor shall not include Withholding tax/Tax deductible at source in its
quoted price. Withholding Tax as applicable as per Indian Income Tax Act read
with respective Double Taxation Avoidance Agreement (hereinafter referred as
“DTAA”) will be borne by IOCL.
5. Notwithstanding Clause “3” above, where Contractor intends to obtain a
Certificate of Lower or NIL Withholding Tax/Tax deductible at source in terms of
provisions of Indian Income Tax Act, 1961 and rules made thereunder,
Withholding tax/Tax deductible at source will be deducted from amount payable
under the contract as per Certificate issued by tax authorities under Income Tax
Act, 1961 and rules made thereunder and same shall not be borne by IOCL.
6. In all cases whether Withholding tax/Tax deductible at source is borne by
IOCL as described in Clause “4” above or deducted from amount payable as per
contract as described in Clause “5” above, Certificate of Withholding tax/Tax
deducted at source will be provided by IOCL enabling contractor to claim credit
of the same in their country of residence.
TDS on GST Supplies
1 Wherever provisions of Tax deduction at Source (TDS) are applicable under the
CGST / SGST / UTGST/IGST Act, 2017 on supplies of goods or services or
both to IOCL , tax will be deducted from the invoice raised and deposited with
the authorities by IOCL. TDS certificate as per provisions of CGST / SGST /
UTGST/IGST Act, 2017 shall be issued by IOCL.
Note:
“The contractor would be liable to reimburse or make good of any loss/claim by IOCL
towards tax credit rejected /disallowed by any tax authorities due to non deposit of taxes
or non updation of the data in GSTIN network or non filling of returns or non compliance
of tax laws by the Contractor by issuance of suitable credit note to IOCL. In case,
contractor does not issues credit note to IOCL, IOCL would be constrained to recover the
amount including interest payable along with Statutory levy/Tax, if any, payable on such
recovery.”
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 28 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

39. IMPORTANT NOTE:-

a. All the information/data wherever relevant throughout the tender documents are necessarily to
be complied with failing which the tender may be rejected at the absolute discretion of Indian Oil
Corporation Ltd.
b. The work experience being submitted by the interested parties along with tender documents
may be inspected by IOCL or their authorized representatives at sole discretion of the
Corporation.
c. The quantum of work given in the NIT is only indicative and is not the right of contractors.
d. IOCL reserves the right of taking any action including weeding out non-performing empanelled
contractor.
e. Tender (Technical and Commercial bid) shall be opened at specified date and time. If the date
of opening of the tender happens to be a Bandh or Holiday, the opening of e-tender will be on
the next working day at the same time and place.
f. The tenderer is advised to understand that quality is the essence of the contract. Non
adherence to the specification or substandard workmanship shall not be tolerated at all. The
tenderer shall do proper rate analysis and accordingly quote for execution of works.

40. Clause: Planning and Designing in purview of Vulnerability Atlas of India:

Vulnerability Atlas of India (VAI) is a comprehensive document which provides existing hazard
scenario for the entire country and presents the digitized State/UT – wise hazard, maps with
respect to earthquakes, winds and floods for district-wise identification of vulnerable areas. It
also includes additional digitized maps for thunderstorms, cyclones and landslides. The main
purpose of this Atlas is its use for disaster preparedness and mitigation at policy planning and
project formulation stage.

This Atlas is one of its kind single point source for the various stakeholders including policy
makers, administrators, municipal commissioners, urban managers, engineers, architects,
planners, public etc. to ascertain proneness of any city/location/site to multi-hazard which
includes earthquakes, winds, floods, thunderstorms, cyclones and landslides. While project
formulation, approvals and implementation of various urban housing, buildings and
infrastructures schemes, this Atlas provides necessary information for risk analysis and hazard
assessment.

The Vulnerability Atlas of India has been prepared by Building Materials and Technology
Promotion Council under Ministry of Housing and Urban Affairs, Government of India and
available at their website www.bmtpc.org.

It is mandatory for the bidders to refer Vulnerability Atlas of India for multi-hazard risk
assessment and include the relevant hazard proneness specific to project location while
planning and designing the project in terms of:

i) Seismic zone (II to V) for earthquakes,

ii) Wind velocity (Basix Wind Velocity: 55,50,47,44,39 & 33 m/s)
iii) Area liable to floods and Probable max. surge height
iv) Thunderstorms history
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 29 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

v) Number of cyclonic storms / severe cyclonic storms and max sustained wind specific to coastal
region
vi) Landslides incidences with Annual rainfall normal
vii) District wise Portable Max. Precipitation.
Indian Oil reserves the right to accept or reject any or all tenders at any time at their sole
discretion without assigning any reason whatsoever. In such a situation, IOCL shall not be liable
for any financial / legal or any other implications whatsoever incurred by the bidder for the
Tender.

41. Clause with respect to countries with land border with India

1. Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority. Copy of the registration
certificate is to be submitted along with the bid.
2. The Competent Authority for the purpose of registration shall be the Registration Committee
constituted by the Department for Promotion of Industry and Internal Trade (DPIIT).
3. Registration should be valid at the time of submission of bids and at the time of acceptance of
bids. If the bidder was validly registered at the time of acceptance/ placement of order,
registration shall not be a relevant consideration during contract execution.
4. However, the bidders from those countries (even if sharing a land border with India) to which
the Government of India has extended lines of credit or in which the Government of India is
engaged in developmental projects may participate in this tender and they shall not require any
separate registration for the participation.
5. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain contexts)
means any person or firm or company, including any member of a consortium or joint venture
(that is an association of several persons, or firms or companies), every artificial juridical person
not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch
or office controlled by such person, participating in this tender.
6. Bidder from a country which shares a land border with India for the purpose of this Order
means:

i. Any entity incorporated, established or registered in such a country; or

ii. A subsidiary of an entity incorporated, established or registered in such a country; or
iii. An entity substantially controlled through entities incorporated, established or registered in
such a country; or
iv. An entity whose “beneficial owner” is situated in such a country; or
v. An Indian (or other) agent of such an entity; or
vi. A natural person who is a citizen of such a country; or
vii. A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above.
7. “Beneficial Owner” in the above paragraph will be as under:
i. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person(s),
has a controlling ownership interest or who exercises control through other means
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 30 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Explanation –
a) “Controlling ownership interest” means ownership of, or entitlement to, more than twenty-five
percent of shares or capital or profits of the company;
b) “Control” shall include the right to appoint the majority of the directors or to control the
management or policy decisions, including by virtue of their shareholding or management rights
or shareholder’s agreements or voting agreements.
ii. In case of partnership firm, the beneficial owner is the natural person(s) who, whether acting
alone or together, or through one or more juridical person, has ownership of entitlement to more
than fifteen percent of capital or profits of the partnership;
iii. In case of an unincorporated association or body of individuals, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen percent of the property or capital or
profits of such association or body of individuals;
iv. Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner is the
relevant natural person who holds the position of senior managing official;
v. In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust
and any other natural person exercising ultimate effective control over the trust through a chain
of control or ownership.
8. “Agent” is a person employed to do any act for another, or to represent another in dealings
with third persons.
9. The successful bidder shall not be allowed to sub-contract works to any contractor from a
country which shares a land border with India unless such contractor is registered with the
Competent Authority.
10. Bidders shall submit a certificate as per the Annexure regarding their compliance to the
above conditions. If such certificate given by a bidder whose bid is accepted is found to be false,
this would be a ground for immediate termination and further legal action in accordance with
law.
Any query with regard to rejection of the tender may be forwarded to CM(Contracts), IOCL,
Contact No. 7797260606 E-mail: [email protected].

Notwithstanding the sub divisions of the tender document into several sections and volumes,
every part of each shall be deemed to be supplementary of every other part and shall be read
with and into the contract so far as it may be practicable to do so.
Clarifications with respect to tender shall be obtained from IOCL.
Canvassing of information or submission of forged or false documents / information by any
bidder shall make their offer invalid.

There are 03 Parts of the Tender Document: Part A, Part B and Price Bid.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 31 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

In case of any deviation/ variance/ conflict between Part A and Part B, the Clause
mentioned in Part A shall prevail.

Part B contains certain superfluous/ additional Clauses with respect to Part A which
are not relevant to the subject Tender and hence they may be ignored.

Bidders are advised not to use Information Rights Management (IRM) feature on BoQ
and any other excel file submitted during bidding process. IOCL shall not be
responsible for any consequential result due to same.

Tender Inviting Authority

 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various
Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 32 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

ANNEXURE-2

LIST OF DOCUMENTS REQUIRED TO BE UPLOADED

1. DOCUMENTS FOR PRE QUALIFYING CRITERIA: AS MENTIONED ABOVE IN EXPERIENCE

CRITERIA

2. OTHER MANDATORY DOCUMENTS: AS MENTIONED ABOVE IN OTHER COMMERCIAL

CRITERIA

3. OTHER DOCUMENTS: Following copy of documents are to be submitted by the successful

bidder prior to placement of work order.

SN Description
1 ESIC Certificate and the indemnity bond for undertaking ESIC & PF

2 Safety declaration as per attached format

3 Undertaking for non-engagement of child labours

4 Form of Contract

5 Format for consent letter for payment through Electronic Mode

6 Declaration

4. Submission of Credentials:- Bidder will be required to fill in and upload relevant documents as
given in the Statement of Credentials sheet attached.

Bidder will be technically qualified on the basis of submission of the document supporting the
following parameters:

 Qualification Criteria as given above - ‘PRE QUALIFICATION CRITERIA and

 Other Mandatory Documents as mentioned in Other Commercial Criteria

5. However mere submission of the relevant information and meeting the qualifying criteria would
not entitle the bidder for technical qualification. The details submitted and the credentials may
be verified by the concerned authority. In the event document / information submitted by the
bidder is found to be forged or incorrect, the tender will be rejected and / or the contract with
such bidder shall be terminated and/or invoking Bid Security Declaration/SD submitted shall be
forfeited. Such bidder may also be put on Holiday List by IOCL.
 TENDER No: RCC/ERO/37/2023-24/PT-142
e-Tender ID: 2024_ERO_174801_1
Title: Rate Contract for Painting works (Rs.0 – 50.0 Lakhs) at various
Page
operating locations (Terminals, Depots, AFS, RCDs/RDI’s and 33 of 33
Bitumen/Lube/CBG Plants) Under ODSO for a period of Three (3) Years
with a provision for extension by another Six (6) months on mutual consent

Signature Not Verified

Digitally signed by DIPANJAN BARAI
Date: 2024.01.18 12:53:57 IST
Location: Indian Oil Corporation Ltd-IOCL