INSTRUCTIONS TO BIDDERS

1.0 ELIGIBILITY OF THE BIDDER:

1.1 The eligibility of the bidders are listed under BID EVALUATION CRITERIA (BEC) of the
tender document.

1.2 Further, the bidder has to be a “Class-I local supplier or Class-II local supplier” are eligible
to participate/bid in this tender.’ as defined under Public Procurement (Preference to Make
in India) Order, 2017 issued by Department for promotion of Industry and Internal Trade
(DPIIT), Ministry of Commerce and Industry, Government of India vide order dated
15/06/2017, its revision dated 04/06/2020 (PPP-MII Order) and subsequent modifications/
amendments if any. Bidder who are not “Class-I local supplier or Class-II local supplier” shall
not be eligible to bid.

1.3 Bidder shall bear all costs associated with the preparation and submission of bid. Oil
India Limited, hereinafter referred to as Company, will in no case be responsible or liable for
those costs, regardless ofthe conduct or outcome of the bidding process.

2.0 BID DOCUMENTS AND DOCUMENTS COMPRISING THE BID:

2.1 Bids are to be submitted as per GeM Instructions & General Terms Conditions (GTC) and
in accordance with the buyer uploaded Tender Documents which is comprised of the following:

(a) Introduction about the project / services being proposed for procurement.
(b) Instruction to Bidders (ITB)
(c) Bid Evaluation Criteria – BID EVALUATION CRITERIA (BEC) / Bid Rejection
Criteria(BRC)/Pre- Qualifying Criteria (PQC), Project Experience and Qualifying Criteria
Requirement
(d) Scope of Work (SOW)
(e) Special Terms Conditions (STC) of the Contract
(f) Service Level Agreement (SLA)
(g) Payment Terms
(h) Quantifiable Specification / Standards of The Service/ BOQ
(i) GEM Availability Report (GAR)
(j) Any other Documents as per Specific Requirement of Buyer
(k) Additional Terms & Conditions (ATC)
(l) Buyers uploaded format for price breakup of the lumpsum offering to be provided
by theservice provider.
(m) Penalties.
(n) GeM’s General Terms Conditions (GTC) of the Contract.

2.2 The bidder is expected to examine all instructions, forms, terms and specifications in the
Bid [Link] to furnish all information required in the Bid Documents or submission
of a bid not substantially responsive to the Bid Documents in every respect will be at the
Bidder's risk & responsibility and may result in the rejection of its bid.

2.3 Bidders shall be deemed, prior to submitting their bids, to have satisfied themselves about
the weather conditions, working culture in the area, socio-political environment, safety &
security aspects, law & order situation and law of the land, and obtain for themselves all
necessary information as to the risks, contingencies and all other circumstances, which may

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influence or affect the various obligations under the Contract.

2.4 Documents comprising the bid prepared by the Bidder:

The bid prepared by the Bidder shall comprise of the following components:

A. Techno-commercial unpriced Bid:

1. Complete technical details of the services offered.

2. Certificates (as Requested in ATC)
3. Compliance Documents in respect of PQC / BEC and ITB and Bid Evaluation Matrix
4. Compliance Documents in respect of Sow etc.
5. Compliance Documents in respect of Resource Qualification, Profiles & Experience /
expertise,if applicable
6. Compliance Documents in Respect of Specification and Standard of Services, if applicable
7. Compliance Document in respect of Approach & Methodology, if applicable
8. Compliance Documents in respect of Project Experience of Firms, if applicable
9. Compliance Document in respect of Registration and Certification of Service Provider
Entity, ifapplicable
10. Compliance Document in respect of Certification of Resources, if applicable
11. Copy of Bid Security / EMD / valid supporting document for seeking Bid Security /
EMDexemption for the relevant category as per GeM GTC/STC/ATC.
12. Bid form without indicating prices.
13. Statement of Non-compliance
14. Copy of Priced Bid without indicating prices filled “Quoted/Not Quoted” against SOR
Items &Total.
15. Copy of signed Integrity Pact. In case of a joint venture, all the partners of the joint venture
shouldsign the Integrity Pact.
16. Any Other Documents as Per Bid
17. Scanned copy of original of “Power of Attorney” or authorization, or any other
documentconsisting of adequate proof of the ability of the signatory to bind the bidder
shall be uploaded thus that the bid is binding upon the Bidder during full period of its
validity.

Note:
i) No price should be mentioned in the Techno-commercial unpriced Bid.
ii) Submission of “Bid Evaluation Matrix‟ duly filled-in, to re-confirm compliance with
tender requirements: Bidders should submit the “Bid Evaluation Matrix‟ (as enclosed with
the bid document)duly filled-in, so as to re-confirm compliance with each of the requirements
of BEC and other importantconditions of the tender. Each such confirmation should be clearly
stated in the “Bid Evaluation Matrix‟indicating “Confirmed” or “Not Confirmed”, as applicable.
Further, against each such confirmation, bidders should also indicate the reference/location
(page No. / Annexure etc.) of the respectivedetail(s)/document(s) enclosed in the bid, so as
to easily locate the same in bid document. Bidders are advised to ensure submission of the
“Bid Evaluation Matrix‟, duly filled-in as per above requirements,for avoiding rejection of
their offers.

B. Price Bid: Bidder shall upload the following in their financial bid:
a) Price-Bid Format (Proforma-B).
Note:

The Priced Bid shall contain the prices along with the currency quoted and any other
commercialinformation pertaining to the service offered.

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5.0 AMENDMENT OF BID DOCUMENTS:
At any time prior to the deadline for submission of bids, the Company may, for any reason,
whether at its own initiative or in response to a clarification requested by a prospective Bidder,
modify the Bid Documents through issuance of an Addendum(s) / Corrigendum(s) /
Amendment(s).
The amendment will be notified only through the portal [Link]
The communication/alert regarding the notification of amendment shall also be sent by the portal
directly to all the prospective bidders. The amendments to the Bidding Documents will be binding
on the bidders and the notification of the amendment through portal, sent to the prospective
bidders, shall be deemed to be construed that such amendment(s) to the Bidding Documents have
been taken into account by the Bidder in its bid.

6.0 PREPARATION OF BIDS:

6.1 Language of Bids: The bid prepared by the bidder and all correspondence and documents
relating to thebid exchanged by the Bidder and the OIL shall be written in English language.
Supporting documents and printed literature furnished by the Bidder may be in another
language provided they are accompaniedby an accurate translation of the relevant passages
in English, duly authenticated by local chamber of Commerce of bidder’s country, in which
case, for purposes of interpretation of the bid, the translation shall prevail.

6.2 Bidder’s / Agent’s Name & address: Bidders should indicate in their bids their detailed
postal address including the Fax/Telephone / Cell Phone Nos. and E-mail address. Similar
information should also be provided in respect of their authorized Agents in India, if any.

7.0 The bidders must enter an all-inclusive price (including GST) against the “OFFERED PRICE”
field while creating their response against the tender in GeM portal. Computation of the above-
mentioned all-inclusive price must be done as per the Price Bid Format enclosed along with the
BOQ. Bidders are required to quote for all the items as per the Price Bid Format. The duly filled Price
Bid Format indicating the Unit Rates and GST rate in the provided space, shall have to be furnished
by the bidders to the buyer,at the designated place of the GeM Portal.

Note: The breakup of the quoted / offered price, as per the prescribed Price Bid Format MUST NOT
beuploaded with the technical bid; otherwise, the bid shall be rejected straightway.

If there is any discrepancy between the unit price and the total price, the total price shall prevail
and theunit price shall be corrected. Similarly, if there is any discrepancy between words and
figure, the amounts in words shall prevail and will be adopted for evaluation.

8.0 Price Bid uploaded without giving any of the details of the taxes (including rates and
amounts) will be considered as inclusive of all taxes including GST.

9.0 BID FORM: The bidder shall complete the Bid Form and upload the same along with their bid.

10.0 BID PRICE:

10.1 Prices quoted by the successful bidder must remain firm during its performance of the
Contract and is not subject to variation on any account, except as otherwise mentioned in the
bid document.

10.2 All duties (except basic customs duty on eligible imported items, as per latest relevant
Customs Notifications, for whose exemption necessary recommendations letter shall be
issued by the Company)and taxes (excluding GST) including Corporate Income Tax, Personal
Tax, Entry Tax (if applicable) etc. and other Cess / levies payable by the successful bidder
under the Contract for which this Bid Document is being issued, shall be included in the rates,

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prices and total Bid Price submitted by the bidder, and the evaluation and comparison of bids
shall be made considering the GST rate quoted by thebidder in the proforma. For example,
personal taxes and/or any corporate taxes arising out of the profitson the contract as per rules
of the country shall be borne by the bidder.

10.3 Discount: Bidders are advised not to indicate any separate discount. Discount, if any,
should be mergedwith the quoted prices.

10.4 CONCESSIONS PERMISSIBLE UNDER STATUTES:

Bidder, while quoting against this tender, must take cognizance of all concessions permissible
under thestatutes including the benefit under GST legislations, failing which they will have to bear
extra cost where bidder does not avail exemptions / concessional rate of GST.

OIL will not take responsibility towards this. However, wherever required and applicable, OIL
shall provide the necessary documents as required under the notification (s) for the bidders to
obtain such concessions. Bidders must also consider benefits of input tax credit under the GST
legislations, as amended from time to time on Input goods/Capital goods / Input Services, while
quoting the prices.

11.0DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATIONS:

These are listed in BID EVALUATION CRITERIA (BEC), of the tender documents.

12.0 BID SECURITY:

12.1 The Bid Security is required to protect the Company against the risk of Bidder's
conduct, which wouldwarrant forfeiture of the Bid Security, pursuant to sub-clause 12.12
hereunder.

12.2 All the bids must be accompanied by Bid Security in Original for the amount as mentioned
in the
“Forwarding Letter” or an equivalent amount in other freely convertible currency and shall be in
the OIL's prescribed format as Bank Guarantee (BG) enclosed with the tender vide ANNEXURE-R
or anirrevocable Letter of Credit (L/C) from any of the following Banks:

i) Any schedule Indian Bank or Any Branch of an International bank situated in India and
registeredwith Reserve Bank of India as scheduled foreign bank in case of domestic bidder,
or
ii) In case of foreign bidder, the bank guarantee can be accepted from any scheduled bank
in Indiaor from International Bank who has its branch in India registered with Reserve Bank
of India, or

iii) Any foreign Bank which is not a Scheduled Bank in India, provided the Bank Guarantee
issuedby such Bank is counter-guaranteed by any Branch situated in India of any Scheduled
Bank incorporatedin India.

The Bank Guarantee / LC shall be valid for the time as asked for in the Bid Document. Bank
Guaranteesissued by Banks in India should be on non-judicial stamp paper of requisite value, as
per Indian Stamp Act, purchased in the name of the Banker.

12.3 Bidders can also submit the EMD with Payment online through RTGS / internet banking
in Beneficiary name: OIL INDIA LIMITED
Account No.: 31991231042
IFSC Code: SBIN0004248

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Bank Name: STATE BANK OF INDIA
Branch address: SME BRANCH, KAKINADA.
Bidder to indicate bid number and name of bidding entity in the transaction details field at
the time of online transfer. Bidder has to upload scanned copy / proof of the Online Payment
Transfer along with bid.
12.4 Bank Guarantee with any condition other than those mentioned in OIL’s prescribed
format shall not beaccepted.

12.5 The Bank Guarantee issued by a Bank amongst others shall contain the complete address
of the Bank including Phone Nos., Fax Nos., e-mail address and Branch Code.

12.6 Bid Security shall not accrue any interest during its period of validity or extended
validity. OIL shall not be liable to pay any bank charges, commission or interest on the amount
of Bid Security.

12.7 The Bank Guarantee should be enforceable at all branches of the issuing Bank within
India and preferably at Kakinada, Andhra Pradesh, the place of issuance of tender.

12.8 Any Bid not secured in accordance with sub-clause 12.2 above shall be rejected by the
Company as non-responsive. Bank Guarantee issued by a Scheduled Bank in India at the
request of some other Non-Scheduled Bank of India shall not be acceptable.

12.9 The Bidders shall extend the validity of the Bid Security suitably, if and when specifically
advised by OIL, at the Bidder’s cost.

12.10 Unsuccessful Bidder's Bid Security will be discharged and/or returned within 30
days after finalizationof IFB.

12.11 Successful Bidder's Bid Security will be discharged and/or returned upon
Bidder's furnishing the Performance Security and signing of the contract. Successful Bidder
will however ensure validity of the Bid Security till such time the Performance Security in
conformity with Clause 27.0 below is furnished.

12.12 The Bid Security may be forfeited, if:

i) The Bidder withdraws the Bid within its original / extended validity.
ii) The Bidder modifies / revise their Bid Suo-moto.
iii) Bidder does not accept the order / contract.
iv) Bidder does not furnish Performance Security Deposit within the stipulated time as per
tender / order / contract.
v) If it is established that the Bidder has submitted fraudulent documents or has indulged into
corrupt and fraudulent practice, the Bid security shall be forfeited after due process in
addition to other action against the Bidder.

12.13 In case any Bidder withdraws their Bid during the period of Bid validity, Bid
Security will be forfeited and the party shall be put in the Holiday List as per Company’s
Banning Policy (available in OIL website).

12.14 The scanned copy of the original Bid Security in the form of either Bank
Guarantee or LC must be uploaded by Bidder along with the Technical Bid in GeM
portal. The original Bid Security shall be submitted by Bidder to the office of Executive
Director (KGB & MBP), OIL INDIA LIMITED, KG Basin Project Office at D. No. 11-4-7
Nookalamma Temple Road, Ramarao Peta, Kakinada, Andhra Pradesh-533004, India in a

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sealed envelope which must reach the office on or before Bid Closing [Link] envelope must
be super-scribed with “Bid Security”, IFB No., Description of Services & Bid Closing Date.

12.15 A Bid shall be rejected straightway if Original Bid Security is not received
within the stipulated date & time mentioned in the Tender and/or if the Bid Security validity
is shorter than the validityindicated in Tender and/or if the Bid Security amount is lesser
than the amount indicated in the Tender.

13.0 EXEMPTION FROM SUBMISSION OF BID SECURITY/EMD:

In case any bidder is exempted from paying the Bid security, they should upload the supporting
documents along with their technical bid. The detailed guidelines for exemption of the Bid
security aregiven below.
a) MSEs Units (manufacturers / Service Providers only and not their dealers /
distributors) areeligible for exemption of Bid Security/EMD.
b) Central Government Departments and Central Public Sector Undertakings
(CPSUs) arealso exempted from submitting Bid Security/EMD
Note: Bids without EMD shall be rejected, if the technical offer does not include a valid copy of
relevantDocument/Certificate towards exemption of Bid Security/EMD, issued by appropriate
authority.

Documents required to be submitted by bidders who wish to avail benefit of Bid security
exemptionand Purchase Preference under MSE Policy:

Categorization and various criteria applicable to MSE bidders shall be guided by the Gazette
Notification No. CG-DL-E-26062020-220191 dated 26.06.2020 issued by MINISTRY OF MICRO,
SMALL AND MEDIUM ENTERPRISES

The bidder claiming the MSE status (MSE-General, MSE-SC / ST, MSE-Woman) against this
tenderhas to submit following document for availing the benefits applicable to MSEs:

i. Udyam Registration Number with Udyam Registration Certificate

In case bidding MSE is owned by Schedule Caste or Schedule Tribe entrepreneur or Woman
Entrepreneur, valid documentary evidence issued by the agency who has registered the bidder as
MSEowned by SC / ST entrepreneur / Woman Entrepreneur should also be enclosed.

14.0 PERIOD OF VALIDITY OF BIDS:

14.1 Bids shall remain valid as per the requirement mentioned in forwarding letter from the
date of closing of bid prescribed by the Company. Bids of shorter validity will be rejected as
being non-responsive. If nothing is mentioned by the bidder in their bid about the bid validity,
it will be presumed that the bid isvalid for 60 days from Bid Opening Date.

14.2 In exceptional circumstances, the Company may solicit the Bidder's consent to an extension
of the periodof validity. The request and the response thereto shall be made in writing. A
Bidder may refuse the request. A Bidder granting the request will neither be required nor
permitted to modify their Bid.

15.0SUBMISSION OF BIDS:
Bids are to be submitted through GeM Portal. Vendors must use their GeM Seller ID and Password
forparticipation in the tender. Vendors who do not have GeM Seller ID must register themselves

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as Sellerin GeM Portal by visiting Government e- Marketplace Website - [Link]

Vendors may also refer to the Seller Help Document for participating in the tender which is
uploaded under ‘For Vendors << GeM Tender’ in OIL’s Website. The URL for the same is provided
below for ready reference:
[Link]

16.0 DEADLINE FOR SUBMISSION OF BIDS:

16.1 Bids should be submitted online as per the online tender submission deadline. Bidders
will not be permitted by System to make any changes in their bid/quote after the bid
submission deadline is reached. Bidders are requested to take note of this and arrange to
submit their bids within the submission deadline to avoid last-minute rush/network
problems.

16.2 No bid can be submitted after the submission deadline is reached. The system time
displayed on the e-procurement web page shall decide the submission deadline.
16.3 Documents required in physical form should be submitted to the purchaser’s office (as
mentioned in Tender) on or before the Bid Opening date and time specified for submission of
bid.

17.0 LATE BIDS: Bidders are advised in their own interest to ensure that their bids are
uploaded in systemmuch before the closing date and time of the bid. The documents in physical
form if received by the Company after the deadline for submission prescribed by the Company
shall be rejected and shall be returned to the Bidders in unopened condition immediately.

18.0 MODIFICATION AND WITHDRAWAL OF BIDS:

18.1 The Bidder after submission of Bid may modify or withdraw its Bid prior to Bid Closing
Date & [Link] or modification of bid through physical correspondence shall not be
considered and accepted.

18.2 No Bid can be modified or withdrawn subsequent to the deadline for submission of Bids.

18.3 No Bid can be withdrawn in the interval between the deadline for submission of Bids and
the expiry ofthe period of Bid Validity specified by the Bidder on the Bid Form. Withdrawal of
a Bid during this interval shall result in debarment from participation in future tenders of OIL.

19.0 EXTENSION OF BID SUBMISSION DATE: Normally no request for extension of Bid Closing
Date & Time will be entertained. However, OIL at its discretion, may extend the Bid Closing Date
and/or Time due to any reasons.

In order to afford reasonable time to the prospective Bidders to take the amendment into account
in preparing their bid, the Purchaser may, at its discretion, extend the deadline for the submission
of bids, in which case, the Purchaser will notify through portal [Link] where all
prospective bidder may see the extended deadline. In case of extension of deadline for the
submission of bids by the Purchaser for reasons inter-alia including the above, prospective
bidders can download the Bidding Documents from the portal [Link] , as per the
provisions available therein, before such extended deadline.

20.0 BID OPENING AND EVALUATION:

20.1 Company will open the Bids, in presence of Bidder's representatives who choose to
attend at the date, time and place mentioned in the Forwarding Letter. However, an
authorization letter (as per ANNEXURE-E) from the Bidder must be produced by the Bidder's

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representative at the time of Bid Opening. Unless this Letter is presented, the representative
will not be allowed to attend the Bid Opening. The Bidder's representatives who are allowed
to attend the Bid Opening shall sign a register evidencing their attendance. Only one
representative against each Bid will be allowed to attend.

20.2 In case of any unscheduled holiday or Bandh on the Bid Opening Date, the Bids will be
opened on thenext full working day. Accordingly, Bid Closing Date / time will get extended up
to the next working day and time.

20.3 Bids which have been withdrawn pursuant to clause 18.0 shall not be opened. Company
will examinebids to determine whether they are complete, whether requisite Bid Securities
have been furnished, whether documents have been digitally signed and whether the bids are
generally in order.

20.4 At bid opening, Company will announce the Bidder’s names, written notifications of bid
modifications or withdrawal, if any, the presence of requisite Bid Security and such other
details as the Company mayconsider appropriate.

20.5 Normally no clarifications shall be sought from the Bidders. However, for assisting in the
evaluation of the bids especially on the issues where the Bidder confirms compliance in the
evaluation and contradiction exists on the same issues due to lack of required supporting
documents in the Bid (i.e. document is deficient or missing), or due to some statement at other
place of the Bid (i.e. reconfirmationof confirmation) or vice versa, clarifications may be sought
by OIL. In all the above situations, the Bidder will not be allowed to change the basic structure
of the Bid already submitted by them and no change in the price or substance of the Bid shall
be sought, offered or permitted.

20.6 Prior to the detailed evaluation, Company will determine the substantial responsiveness
of each bid to the requirement of the Bid Documents. For purpose of these paragraphs, a
substantially responsive bidis one, which conforms to all the terms and conditions of the Bid
Document without material deviationsor reservation. A material deviation or reservation is
one which affects in any substantial way the scope,quality, or performance of work, or which
limits in any substantial way, in-consistent way with the Bid Documents, the Company’s right
or the bidder’s obligations under the contract, and the rectification of which deviation or
reservation would affect unfairly the competitive position of other bidders presenting
substantial responsive bids. The Company's determination of Bid's responsiveness is to be
based on the contents of the Bid itself without recourse to extrinsic evidence.
20.7 A Bid determined as not substantially responsive will be rejected by the Company and
may not subsequently be made responsive by the Bidder by correction of the non-conformity.

20.8 The Company may waive minor informality or nonconformity or irregularity in a Bid,
which does notconstitute a material deviation, provided such waiver, does not prejudice or
affect the relative rankingof any Bidder.

21.0 OPENING OF PRICED BIDS:

21.1 Company will open the Priced Bids together with Technical Bids in presence of
representatives of the qualified bidders.

21.2 In case of any unscheduled holiday or Bandh on the Priced Bid Opening Date, the Bids will
be openedon the next working day.

The Company will examine the Price quoted by Bidders to determine whether they are complete,
any computational errors have been made, the documents have been properly signed, and the bids
are generally in order.

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22.0 EVALUATION AND COMPARISON OF BIDS: The Company will evaluate and compare the
bidsas per BID EVALUATION CRITERIA (BEC) of the Tender Documents.

22.1 DISCOUNTS/REBATES:

22.1.1 Unconditional discounts/rebates, if any, given in the bid will be considered for
evaluation.

22.1.2 Post bid or conditional discounts/rebates offered by any bidder shall not be
considered for evaluation of bids. However, if the lowest bidder happens to be the final
acceptable bidder for award of contract,and if they have offered any discounts/rebates, the
contract shall be awarded after taking into account such discounts/rebates.

23.0 CONTACTING THE COMPANY:

23.1 Except as otherwise provided in Clause 20.0 above, no Bidder shall contact Company on
any matter relating to its bid, from the time of the bid opening to the time the Contract is
awarded except as required by Company vide sub-clause 20.5.

23.2 An effort by a Bidder to influence the Company in the Company's bid evaluation, bid
comparison or Contract award decisions may result in the rejection of their bid.

24.0 AWARD OF CONTRACT:

24.1 Award criteria: The Company will award the Contract to the successful Bidder whose bid
has been determined to be substantially responsive and has been determined as the lowest
evaluated bid, provided further that the Bidder is determined to be qualified to perform the
Contract satisfactorily.

In case, it is found that final evaluated bid price of two or more bidders works out to be same
i.e. if more than one L1 bidder (multiple) emerges, tie breaker provision available on GeM
portal shall be used for random selection of bidder for award of contract.

25.0 COMPANY'S RIGHT TO ACCEPT OR REJECT ANY BID: Company reserves the right to
accept or reject any or all bids and to annul the bidding process and reject all bids, at any time
prior toaward of contract, without thereby incurring any liability to the affected bidder, or bidders
or any obligation to inform the affected bidder of the grounds for Company’s action.

26.0 NOTIFICATION OF AWARD:

26.1 Prior to the expiry of the period of bid validity or extended validity, Company will notify
the successful Bidder in writing by registered letter or by fax or E-mail (to be confirmed in
writing by registered /couriered letter) / Notification of Award of Contract in GeM Portal that
its Bid has been accepted.

26.2 The notification of award will constitute the formation of the Contract.

27.0 PERFORMANCE SECURITY: Successful bidder has to submit Performance

Security as mentionedin STC Clause No. 10.0.

28.0 ISSUANCE OF CONTRACT:

28.1 At the same time as the Company notifies the successful Bidder that its Bid has been
accepted throughissue of Letter of Award (LOA)/ Notification of Award of Contract in GeM
Portal.

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The Contract will be issued in GeM portal. upon uploading of soft copy of PBG by successful Bidder
in GeM Portal. Till the contract is issued in GeM portal, the Letter of Award (LOA)/ Notification of
Awardof Contract in GeM Portal to the successful bidder shall remain binding amongst the two
parties.

28.2 In the event of failure on the part of the successful Bidder to soft copy of BG by successful
Bidder in GeM Portal or accept the Contract in GeM Portal, OIL reserves the right to terminate
the LOA issued to the successful Bidder/cancel the notification of award of Contract in GEM
Portal and invoke the EMD/Performance Security submitted by the successful Bidder.
The bidder will be dealt with as Banning Policy of OIL.

29.0 CREDIT FACILITY: Bidders should indicate clearly in the Bid about availability of any
credit facility inclusive of Government-to-Government credits indicating the applicable terms and
conditionsof such credit.

30.0 MOBILISATION AND ADVANCE PAYMENT:

30.1 Request for advance payment shall not be normally considered. However, depending on
the merit andat the discretion of the Company, advance against mobilization charge may be
given at an interest rateof 1% above the prevailing Bank rate (CC rate) of SBI from the date of
payment of the advance till recovery/refund.

30.2 Advance payment agreed to by the Company shall be paid only against submission of an
acceptable bank guarantee whose value should be equivalent to the amount of advance plus
the amount of interestcovering the period of advance. Bank guarantee shall be valid for 2
months beyond completion of mobilization and the same may be invoked in the event of
Contractor’s failure to mobilize as per agreement.

30.3 In the event of any extension to the mobilization period, Contractor shall have to enhance
the value of the bank guarantee to cover the interest for the extended period and also to
extend the validity of bankguarantee accordingly.

31.0 GOODS AND SERVICES TAX:

31.1 In view of GST Implementation from 1st July 2017, all taxes and duties including
Excise Duty, CST / VAT, Service tax, Entry Tax and other indirect taxes and duties have been
submerged in GST. Accordingly, reference of Excise Duty, Service Tax, VAT, Sales Tax, Entry
Tax or any otherform of indirect tax except of GST mentioned in the bidding document shall
be ignored.

31.2 Bidders are required to submit copy of the GST Registration Certificate while
submitting the bidswherever GST (CGST & SGST / UTGST or IGST) is applicable.

31.3 Bidder should also mention the Harmonised System of Nomenclature (HSN) and
ServiceAccounting Codes (SAC) at the designated place in the Price Bid Format.

31.4 Where the OIL is entitled to avail the input tax credit of GST:
31.5 OIL will reimburse the GST to the Supplier of Goods / Services (Service Provider) at
actual againstsubmission of Invoices as per format specified in rules/ regulation of GST to
enable OIL to claim input tax credit of GST paid. In case of any variation in the executed
quantities, the amount on which the GST is applicable shall be modified in same proportion.
Returns and details required to be filled under GST laws &rules should be timely filed by
supplier with requisite details.

31.6 The input tax credit of GST quoted shall be considered for evaluation of bids, as per

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evaluation criteria of tender document.

31.7 Where the OIL is not entitled to avail/take the full input tax credit of GST:
31.8 OIL will reimburse GST to the Supplier of Goods / Services (Service Provider) at
actual against submission of Invoices as per format specified in rules / regulation of GST
subject to the ceiling amount of GST as quoted by the bidder. In case of any variation in the
executed quantities (If directed and / or certified by the In-Charge) the ceiling amount on
which GST is applicable will bemodified on pro-rata basis.

31.9 The bids will be evaluated based on total price including GST.

31.10 It is the responsibility of the bidder to quote the correct GST rate. The classification
of goods / services as per GST (Goods & Service Tax) Act should be correctly done by the
contractor to ensure that input tax credit on GST (Goods & Service Tax) is not lost to the OIL
on account of anyerror on the part of the contractor.

31.11 Further, it is the responsibility of the bidders to make all possible efforts to make
their accounting / IT system GST compliant in order to ensure availability of Input Tax
Credit (ITC) to Oil IndiaLtd.

31.12 GST liability, if any, on account of supply of free samples against any tender shall be
to bidder’s account.
31.13 In case the bidder is covered under Composition Scheme under GST laws, then bidder
should quotethe price inclusive of the GST (CGST & SGST / UTGST or IGST). Further, such
bidder should mention “Cover under composition system” in column for GST (CGST &
SGST/UTGST or IGST)of price schedule.

31.14 OIL will prefer to deal with registered supplier of goods / services under GST.
Therefore, biddersare requested to get themselves registered under GST, if not registered yet.
However, in case any unregistered bidder is submitting their bid, their prices will be loaded
with applicable GST while evaluation of bid. Where OIL is entitled for input credit of GST, the
same will be considered for evaluation of bid as per evaluation methodology of tender
document.

31.15 The Supplier of Goods / Services may note the Anti-profiteering Clause of Tender
and quote theirprices accordingly.

31.16 In case the GST rating of bidder on the GST portal / Govt. official website is negative /
blacklisted,then the bid may be rejected by OIL.

32.0 RESTRICTIONS ON PROCUREMENT FROM A BIDDER OF A COUNTRY SHARING LAND

BORDER WITH INDIA:

Subject to Order No. F.7/10/2021-PPD (1) dated 23.02.2023 issued by Department of

Expenditure,Ministry of Finance, Govt. of India, Bidders should take note of the following:

(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 [Registration
Committee constituted by the Department for Promotion of Industry and Internal Trade
(DPIIT)]. Further, any bidder (including bidder from India) having specified Transfer of
Technology (ToT) arrangement with an entity from a country which shares a land border with
India, shall also require to be registered with the same competent authority to be eligible to
bid in this tender.

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(2) "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 anyof the descriptions of bidders stated hereinbefore, including
any agency branch or office controlled by such person, participating in a procurement
process.

(3) "Bidder (or entity) from a country which shares a land border with India" for the
purpose of thisOrder means:
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such acountry; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture
falls under any ofthe above

(4) The beneficial owner for the purpose of para (3) above 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,
has acontrolling ownership interest or who exercises control through other means.

Explanation:
13.1.1 "Controlling ownership interest" means ownership of or entitlement to more than
twenty-five percent of shares or capital or profits of the company.

13.1.2 "Control" shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management
rightsor shareholder’s agreements or voting agreements.

(ii) In case of a 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 morethan 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 profitsof 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 chainof control or ownership.

(5) An Agent is a person employed to do any act for another, or to represent another in
dealings withthird person.

(6) The successful bidder shall not be allowed to sub-contract works to any contractor
from a countrywhich shares a land border with India unless such contractor is registered

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with the Competent Authority.

(7) Validity of Registration: The registration should be valid at the time of submission of bid
and at the time of acceptance of bid. If the bidder was validly registered at the time of
acceptance/placement of order, registration shall not be a relevant consideration during
contract execution.
(8) Undertaking regarding compliance: The bidders are required to provide undertakings as
perANNEXURE – N(A), ANNEXURE – N(B) & ANNEXURE – N(C) along with their bid towards
compliance of the above guidelines for participation in this tender. If the undertakings given
by a bidder whose bid is accepted is found to be false, this would be a ground for
debarment/action as per OIL’s Banning Policy and further legal action in accordance with law.

33.0 Submission of Forged Documents:

Bidders should note that Company (OIL) may verify authenticity of all the documents /
certificates / information submitted by the bidder(s) against the tender. In case at any stage of
tendering process or Contract execution etc., if it is established that bidder has submitted forged
documents / certificates / information towards fulfilment of any of the tender / contract
conditions, Company shall immediately reject the bid of such bidder(s) or cancel / terminate the
contract besides taking action as per OIL’s Banning Policy dated 17th March 2023, available in
the OIL’s website. Accordingly, service provider / vendor to submit the Undertaking of
authenticity of information / documents submitted as per Annexure-K.

34.0 ABNORMALLY HIGH UNIT RATES/ABNORMALLY LOW UNIT RATES (AHR/ALR):

Against tender for item-rate contracts where the quoted rate is above (+)/below (-) 50%(Fifty
Percent) of Company's estimated rate, such items quoted by the successful bidder shall be
considered as Abnormally High Rate/Abnormally Low Rate (AHR/ALR) items. Company reserves
the right to negotiate rates of all such AHR items, in addition to any other items of the tender as
may be considered appropriate, before award of contract. Also, the successful bidder shall provide
the analysis of rates quoted for AHR/ALR items to justify the reasonability, if requested by
Company. Bidder shall confirm acceptance to the reduced item rates agreed during negotiation
and payment shall be based on the agreed rates.

In the case of an abnormally low bid, wherein the Bid price, in combination with other elements
of the Bid, appears so low that it raises material concerns as to the capability of the Bidder to
perform the contract at the offered price. In such cases written clarifications may be sought from
the Bidder, including detailed price analysis of its Bid price in relation to scope, schedule,
allocation of risks and responsibilities, and any other requirements of the bid document.

35.0 CONCESSIONS/EXEMPTIONS PERMISSIBLE UNDER STATUTES:

Bidder, while quoting against this tender, must take cognizance of all concessions permissible
under the statutes including the benefit under GST legislations, failing which it will have to bear
extra cost where bidder does not avail exemptions/concessional rate of GST. OIL will not take
responsibility towards this. However, wherever required and applicable, OIL shall provide the
necessary documents as required under the notification (s) for the bidders to obtain such
concessions. Bidders must also consider benefits of input tax credit under the GST legislations,
as amended from time to time on Input goods/Capital goods / Input Services, while quoting the
prices.

36.0 Bidders are advised to go through GeM GTC and uploaded bid documents thoroughly
before creation of their bids.

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