Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited

Pipelines Division, GSPL, Guwahati

Special Conditions of Contract Page 1 of 16

Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

CLAUSE NO. DESCRIPTION PAGE NO.

1. 0.0 GENERAL 3
2.0.0 SCOPE OF WORK 3-5
3.0.0 CONTRACTOR-SUPPLIED MATERIALS 5
4.0.0 WATER & POWER SUPPLY 5
5.0.0 TIME OF COMPLETION 5-6
6.0.0 WORKS SCHEDULE 6
7.0.0 MEASUREMENT AND PAYMENT TERMS 6-7
8.0.0 PLACE AND MODE OF PAYMENT 7
9.0.0 PERMITS FOR TRANSPORTATION OF 7
EQUIPMENTS AND MATERIALS
10.0.0 DEFECT LIABILITY, LATENT DEFECTS AND 7
GUARANTEE
11.0.0 SETTING OUT OF THE WORK 7-8
12.0.0 PERFORMANCE OF WORK 8
13.0.0 CONDITIONS OF WORK 8
14.0.0 PROGRESS SCHEDULE 8
15.0.0 SAFETY & POLLUTION CONTROL 8-9
16.0.0 RESTRICTION OF VISITORS 9
17.0.0 LABOUR LAWS AND REGULATIONS 9-10
18.0.0 PERSONAL ACTS AND LIABILITIES 10
19.0.0 INDEMNITY AND INSURANCE 10-11
20.0.0 FORCE MAJEURE 11
21.0.0 TAXES & DUTIES 11-13
22.0.0 PATENT INDEMNIFICATION 13-14
23.0.0 SCHEDULE OF RATES 14
24.0.0 INDEMNITY BOND 14
25.0.0 PROGRESS REPORT 14
26.0.0 DEFINITION 14-15
27.0.0 PROHIBITION OF ENGAGEMENT OF CHILD 15
LABOUR
28.0.0 SUFFICIENCY OF TENDER 15
29.0.0 CO-OPERATION WITH OTHER CONTRACTORS 15
30.0.0 CORRESPONDONCE PROCEDURE 15
31.0.0 EMPLOYMENT OF LOCAL LABOUR 15-16
32.0.0 ARBITRATION 16
33.0.0 SECURITY DEPOSIT 16
34.0.0 CLEARING OF SITE 16

Special Conditions of Contract Page 2 of 16

Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

CHAPTER:III
SPECIAL CONDITIONS OF CONTRACT (SCC)
1.0.0 GENERAL
1.1.0 Special Conditions of Contract (SCC) shall be read in conjunction with the General
Conditions of Contract (GCC), specifications of work, drawings and other documents
forming part of this contract wherever the context so requires.
1.2.0 Notwithstanding the sub-division of the documents into these separate parts and
volumes, every part of each shall be deemed to be supplementary to and
complementary of every other part and shall be read with and into the contract in so far
as it may be practicable to do so.
1.3.0 Where any portion of the GCC is repugnant to or at variance with any provision of
the SCC, then the provision of the SCC shall be deemed to override the provisions of the
GCC and shall, to the extent of such repugnance or variations prevail.
1.4.0 Wherever it is mentioned in the specifications that the Contractor shall perform
certain works or provide certain facilities, it is understood that the Contractor shall do so
at his own cost, being deemed to be part of the relevant item in the Schedule of Rates
(SOR) whether expressly stated or not.
1.5.0 The materials, design and workmanship shall satisfy the relevant Indian Standards,
the specifications contained herein and codes referred to. Where the specifications
stipulate requirements in addition to these contained in the standard codes and
specifications, these additional requirements shall also be satisfied.
1.6.0 In all matters related to the supply , installation/maintenance, the contractor shall
be responsible for the quality and correctness of workmanship and for the quality and
suitability of materials of their supply.
1.7.0 The term equivalent in the items shall be compared with the basic price of the
given brand apart from other requirements as per the tender. The decision of EIC in this
respect shall be final and binding upon the contractor.
1.8.0 The day to day instruction for the work and any clarification regarding the
specification for the various items shall be given by the Engineer – In – charge or his
authorized representative at site. These instruction and clarification shall be final and
binding on the contractor.
1.9.0 Wherever any dispute regarding mode of measurement arise, the decision of the
Engineer-In-Charge shall be final and binding on the contractor.
1.10.0 In case of any material supplied and / or work done is rejected owing to its not
confirming to specifications such material / work should be removed from the site within
two days of such rejection, failing which administration reserves the right to remove the
same departmentally or through other agencies at the risk and cost of the contractor
without any notice.
1.11.0 Any condition / deviation for the mode of measurement for any item of work other
than stipulated in the specification shall make tender liable for rejection.
2.0.0 SCOPE OF WORK
2.1.0 Indian Oil Corporation Limited, Guwahati Siliguri pipeline wants to undertake the
job of refurbishment of defective coatings in various stretches of the pipeline by in-situ
application of protective cold applied polyethylene tape in several sections in Assam
sector.
The coating system for cold applied tape shall consist of:
 A liquid adhesive layer of fast drying synthetic primer on pipe surface.
 An inner layer tape (3 ply type) for corrosion protection
 An outer layer tape (2 ply type) for additional mechanical strength
2.2.0 Applicable standards for this tender
Special Conditions of Contract Page 3 of 16
Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

2.2.1 Latest editions of the following standards and documents shall apply:
a) AWWA C-209: Cold applied tape coating for the exterior of special sections,
connections and fittings for steel water pipelines.
b) DIN 30672: Wrapping of corrosion protection tapes and heat shrinkage material for
pipelines for continuous operating temperature of up to 50 deg C.
c) NACE standards for coatings for the repairs and rehabilitation of the external coatings
of buried steel pipes.
d) SIS05-5900: “Pictorial surface preparation standard for painting steel surface”
Cr ISO-9501-1988.
e) SSPC-SP: Steel structure painting council surface preparation specifications.
f) SSPC-SPI: Solvent cleaning.
g) SSPC-SP3: Power tool cleaning.
h) SSPC-SP10: Near white metal blast cleaning.
i) API-1160: Managing system Integrity for Hazardous liquid pipeline
j) AWWA C-210: Liquid epoxy coating on internal and external surfaces of steel Water
pipelines
2.3.0 Minimum List of Equipments
2.3.1 The minimum list of equipments required is given as Technical Annexure VI and
the bidder has to confirm in writing that he is in position to deploy the resources as
indicated to achieve targeted progress or more.
2.3.2 The bidder has also to confirm the list of equipments owned by him from the list
indicated in Technical Annexure VI. In case the bidder intends to hire some of the
equipment then a letter from the supplier is required stating his willingness to hire the
equipment to the contractor. The list of equipment available with the hiring agency has to
be submitted. The detailed list of equipment is mandatory in nature and non submission
of list may make the tender liable for rejection.
2.4.0 Material and Consumption:
2.4.1 Supply of Material: Owner is responsible to supply coating materials for coating to
contractor at free of cost from Guwahati Store.
2.4.2 Coating materials shall be made available to the contractor from Guwahati store.
However, if material is not available/exhausted at Guwahati, OWNER shall arrange the
coating material from nearest location.
2.5.0 Storage of materials at Site:
2.5.1 Owner is responsible for supply of good quality coating material. However,
contractor has to ensure that proper protection and care is taken to maintain good quality
of coating. In case of tape coating, the cardboard boxes are to be stored with the arrow
marked for the verticality, in a stack not higher than 3 boxes high. They are to be stored
under a shed and away from direct sun. No heavy item should be placed on the tape
boxes.
2.5.2 The primer drums are to be stored under a shed and away from source of any
flame/spark/fire.
2.6.0 Material Transportation:
2.6.1 The contractor shall be responsible to take delivery of the owner supplied materials
from the stores and to transport the same to the job site for utilization at his own cost
according the terms of this contract.
2.7.0 Material consumption:

Special Conditions of Contract Page 4 of 16

Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

2.7.1 Tenderer shall adhere to maintain consumption rate of coating materials as per
manufacturer recommendation and field trail run. There would not be any extra payment
for excess consumption of coating materials.
2.7.2 On completion of works or upon the prior termination of the contract, the contractor
shall forthwith at his own risk and cost transport to the Owner's stores otherwise as
directed by EIC/Site Engineer all surplus materials including but not limited to
salvageable wastage remaining in the hands of the contractor. If in the opinion of the
Owner any materials to be returned by the contractor, are not in good condition or is
unusable, th owner may reject the same, in which event the contractor shall be deemed
to have failed to return to the owner the surplus materials with the same consequences
as to breach as specified in sub-clause (r) of clause [Link] of the General conditions of
Contract (GCC).
2.7.3 The coating materials issued by the owner to the contractor shall be preserved
against deterioration and corrosion due to poor or improper storage while under
contractor's custody. Any damage /losses suffered, on account of non-compliance with
the requirements stipulated herein shall be considered as losses suffered due to willful
negligence on the part of the contractor and shall be charged at the rates calculated as
per sub-clause (r) of clause [Link] of the General conditions of contract (GCC).
2.7.4 For Detailed Scope of work and technical specifications and procedures, Chapter-
IV may be referred to.
3.0.0 CONTRACTOR-SUPPLIED MATERIALS:
3.1.0 The Contractor is responsible to provide all the requisite materials & consumables
(except coating material which shall be OWNER supplied), labour, supervisor,
equipment, tools, facilities and other items and things whatsoever required for or in
connection with the work, including but not limited to those indicated by expression or
implication in the schedule of rates, specifications, drawings and other part of contract
documents or as shall be or may from time to time, if necessary, for or in connection with
the work, either for incorporation in or within the permanent works or in relative to the
execution and performance of work.
3.1.1 Further to the provisions of various relevant sub clauses specified under clause no.
[Link] of General Conditions of contract, specific approval of the Engineer-in-charge or
his authorized site representatives must be obtained by the contractor before purchase
of any material proposed to be used in works under this contract. The approved samples
for all materials shall be kept at site office and exhibited for reference and inspection at
all times and till the completion of works. No claim/delay on this account will be
entertained by the owner.
3.2.0 Transit insurance
3.2.1 Contractor should take appropriate insurance policy to cover the Contractor
supplied equipment/ materials during their transit, till delivery at site.
4.0.0 WATER & POWER SUPPLY
4.1.0 Without prejudice to provisions of clause no. [Link] and [Link] of General
conditions of contract and following clauses thereof, the contractor shall arrange water/
procure water required for the work at his own cost for all leads and lifts. Owner shall not
be responsible for supplying water and Contractor shall ensure timely and adequate
supply of water to meet the schedule.
4.2.0 Further to the provisions of clause no. [Link] and [Link] of General conditions of
contract and following sub clauses thereof, contractor shall make his own arrangement
for power required for the work at his cost. DG set of suitable capacity may be installed
and operated by the contractor at his cost. IOCL shall not be responsible for power
supply and contractor shall ensure proper supply of electricity to meet the schedule.
5.0.0 TIME FOR COMPLETION
5.1.0 The time of completion of the entire works shall be as indicated in the table
below from the date of issue of specific notice be Engineer-in-charge (EIC) excluding

Special Conditions of Contract Page 5 of 16

Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

monsoon period with written notice by EIC. Specific notice will be issued within three
months from date of LOA.
SL. GROUP COMPLETION PERIOD FROM DATE OF
NO. ISSUE OF SPECIFIC NOTICE/HANDING
OVER OF SITE
1 A 18 Weeks
2 B 18 Weeks
3 C 24 Weeks
4 D 18 Weeks

5.2.0 The notices of EIC for stoppage/re-starting of work during monsoon shall be
considered as monsoon period. However, such notices can be issued by EIC on one or
more occasions depending upon non-suitability of weather and access to work site
during monsoon.
5.3.0 The progress shall be monitored on day-to-day basis and reasons for not meeting
the target shall be recorded jointly. The contractor shall have to mobilize manpower and
equipments like compressors, wrapping machines etc. to ensure targeted progress.
5.4.0 Any delay caused due to non-availability of work fronts (including delayed
availability of work fronts wherever applicable) and/or due to the problems of material
shall not entitle the contractor to any extra payments/claims whatsoever. Only suitable
extension of time for completion shall be granted in accordance with the provisions of
clause [Link] of General conditions of contract (GCC), provided the reasons for delay
are not solely attributable to the contractor.
6.0.0 WORKS SCHEDULE
6.1.0 Upon award of work the Contractor shall provide detailed project schedule to the
Engineer -In- Charge covering all activities related to supply, installation, testing and
commissioning under their scope of work.
7.0.0 MEASUREMENT AND PAYMENT TERMS
7.1.0 The contractor shall submit the bills in triplicate along with copies of log sheet duly
signed by the contractor and Engineer-in-charge. the owner shall make payment of the
bill after verification.
7.2.0 Income tax, WCT etc. as per statutory provisions shall be deducted from the
contractor's bills if applicable.
7.3.0 All payments shall be released against executed quantities only.
7.4.0 All payment to the contractor shall be released from GSPL, Guwahati headquarter.
7.5.0 Pre-condition for release of On Account Payments: Release of on account
payment shall be subject to the Contractor fulfilling the following conditions:
a) Signing of the Contract.
b) Submission of Initial Security Deposit and Security deposit as defined in clause
no. [Link] of General Conditions of Contract and associated sub-clauses thereof.
c) Submission of necessary invoice(s) for payment in triplicate.
7.6.0 Measurement and Payment for coating of pipes shall be made on the actual length
of the pipes coated.
7.7.0 All payments shall be considered as per schedule of rates only on completion of
work to the satisfaction of the Engineer-in-Charge/ Site Engineer.
7.8.0 Scope of payment starts only after restoration of ROW to the satisfaction of
OWNER subsequent to completion of coating refurbishment of pipe, and backfilling.

Special Conditions of Contract Page 6 of 16

Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

7.9.0 The payment schedule shall be as under:

a) The contractor shall put up RA bills only if 2.0 km of coating has been completed from
the quantity released since the previous RA bill as per tender terms.
b) In final bill however, payment for balance quantity executed since last RA bill shall be
released irrespective of whether 2.0 Km has been executed or not.
7.10.0 Mobilization advance: No mobilization advance shall be given to the Contractor
under this contract.
8.0.0 PLACE AND MODE OF PAYMENT
8.1.0 In partial modification to provisions of clause no. [Link] of General Conditions of
Contract, all payment(s) by the Owner under or in terms of the Contract shall be made in
official Indian currency only through e-payment/ EFT to the account notified by the
Contractor. The successful Bidder should provide their bank details as per the format in
Annexure-IE at the time of submission of tender.
8.2.0 The Bidders are informed that all payments, covered under this contract, shall be
released from the office of the Owner as detailed below:
Guwahati Siliguri Pipeline, Indian Oil Corporation Limited, Sector: III, Noonmati,
Guwahati-781020, Assam, India.
9.0.0 PERMITS FOR TRANSPORTATION OF EQUIPMENTS AND MATERIALS:
9.1.0 The contractor shall at his own cost and initiative arrange for and obtain all
necessary permissions, permits, consents etc, as may be necessary, to transport the
contractor's materials, tools, equipments and labour along highway, roadway, railway,
bridge, dyke, dam, river or through posts of toll collection, octroi checks or other line
border or barrier.
10.0.0 DEFECT LIABILITY, LATENT DEFECTS AND GUARANTEE
10.1.0 Further to the clause no. [Link] of General Conditions of Contract & sub-clauses
thereof, the Defect Liability Period for this contract shall be 12 (twelve) months and shall
commence from the date of completion of the works as certified by the Engineer-in-
Charge.
10.2.0 The Contractor shall perform all works with due diligence in accordance with
sound engineering practice and shall be entirely responsible for construction method or
directive plans, bills of materials or other information made, prepared, given, checked,
verified or accepted by the Contractor and for construction method plans bills of
materials or other information to meet the stated aims of the work.
10.3.0 The Contractor shall, at his own cost and the initiative, correct/ repair and/or
rectify all such defect(s) and/or imperfections in the works performed as may be
discovered during the said defect liability period.
10.4.0 The Contractor shall indemnify and keep indemnified the Owner& its every
employees against all actions, proceedings, claims, costs & expenses, losses and
damages suffered by the Owner arising from any negligence/ omission or default on the
part of the Contractor or breach of any of the terms of the contract by the Contractor, its
servants or agents observed within the defect liability period.
11.0.0 SETTING OUT OF THE WORK
11.1.0 The contractor shall be responsible for the true and proper setting out of the
works and for the correctness of the position and levels, dimension and alignment of all
parts of the works and for the provision of all the necessary instruments, appliances and
labour in connection therewith.
11.2.0 If at any time during the progress of the works any error shall appear or arise in
the position, levels, dimensions or alignment in any part of the work; the contractor, on
being required to do so by the Engineer-in-Charge or the Site Engineer, shall at his own
expense rectify such error to the satisfaction of the Engineer-in-Charge or Site Engineer
Special Conditions of Contract Page 7 of 16
Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

unless such error is based on incorrect data supplied in writing by the Engineer-in-
Charge or Site Engineer in which case the expense of rectifying the same shall be borne
by the Owner.
11.3.0 The checking of any setting out or of any line or level by the Engineer-in-Charge
or the Site Engineer shall not in any way relieve the contractor of his responsibility for the
correctness thereof and the contractor shall carefully protect and preserve all bench
marks other things used in setting out the works.
12.0.0 PERFORMANCE OF WORK
12.1.0 In super session of clause no. [Link] of General Conditions of Contract, the
Contractor shall ensure for each job site that his representative is available at all hours
during which work is being performed at the job site, for the receipt of orders,
instructions, notices, and other communications.
12.2.0 Further to provisions of clause no. [Link] of General Conditions of Contract, the
Owner may engage at the work site, other Contractors or agencies to perform other
works. The Contractor shall co-operate with the Owner and other Contractors and
agencies engaged at the work site to ensure harmonious working and shall comply with
any instruction issued by the Engineer-in-Charge and/or Site Engineer for this purpose.
12.3.0 The Contractor must note that relevant IS Codes shall be made available at site
for reference whenever demanded.
12.4.0 The Contractor shall observe, in addition to codes specified in respective
specifications, all national and local laws, rules and regulations and requirements
pertaining to the work.
13.0.0 CONDITIONS OF WORK
13.1.0 In addition to the provisions of clause no. [Link] of General Conditions of
Contract and other associated clauses there under, notwithstanding the shutdown of
work during rain, the Contractor shall without entitlement to any additional compensation
or remuneration at his own cost and initiative, shall take all steps necessary to protect
the trenches already dug, and/or the pipes and other materials, equipment and
machinery at site during the rain and from the effects thereof, and the Contractor shall, at
his own cost and initiative, do and perform all such rectification, repairs and/or re-
workings as shall be necessary.
14.0.0 PROGRESS SCHEDULE
14.1.0 Without prejudice to generality of provisions of General Conditions of Contract
relating to "Progress Schedule” the Contractor shall take into account the instructions of
the Engineer-in-Charge regarding the constraints, restraints and other requirements of
works and the required sequence of works, in preparing the Progress Schedule.
Notwithstanding the provisions relating to "Approved Progress Schedule", weekly or
monthly work programmes may be drawn up by the Engineer-in-Charge taking into
account the availability of work fronts and the requirements of other Contractors or
agencies involved at the work sites and the Contractor shall abide by the weekly or
monthly work programmes also so drawn-up.
14.2.0 The progress of work shall be monitored on weekly basis and reasons for not
attending the targeted progress shall be recorded jointly. In the event of failure on the
part of the Contractor to adhere to the weekly or monthly work programmes drawn up by
the Site Engineer/ Engineer-in-Charge, the provisions of clause no. [Link] of General
Conditions of Contract shall apply. The decision of the Engineer-in-Charge as to whether
a failure on the part of the Contractor to comply with the weekly or monthly work
programmes drawn up has occurred or not shall be final and binding on the Contractor.
15.0.0 SAFETY & POLLUTION CONTROL
15.1.0 In addition to the provisions of clause No. 10.0.0 of General Conditions of
Contract, Contractor shall take all reasonable precautions to avoid pollution or
contamination of the air, land or water arising out of the performance of the work. Should
Special Conditions of Contract Page 8 of 16
Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

there be a discharge or escape of appreciable quantity of pollutants or contaminants

during performance of its obligations under this Contract which occurs as a result of
activities of Contractor or its sub-Contractor, the Contractor shall immediately take all
action necessary to contain, control, recover or disperse the substance and to eliminate
the safety and environmental risks and correct the damage resulting there from.
15.2.0 ADHERENCE TO SAFETY PROCEDURES AND PRACTICES
15.2.1 With a view to improve the safety aspects of execution of the job based on the job
requirements following penalties will be imposed for violation/non-adherence of safety
procedures:
Sl. Nature of Violation Penalty
No
a) For non use of PPE (Personal Protective Rs. 1000/- per occasion
Equipment)
b) Working without clearance Rs. 5000/- per occasion
c) Violation of applicable safety, health and Rs. 5000/- per occasion
environment related norms
d)* Violation of applicable safety, health and
environment related norms resulting in:
i) Any physical injury 0.5% of the contract value (maximum
of Rs. 2 Lakh) per injury + Rs. 5000/-

ii) Fatal accident 1% of the contract value (maximum of

Rs. 10 Lakh) per fatality + Rs. 5000/-
e) Hot work without proper Clearance / Rs. 10000/- per occasion
permit
f) Non Display of name board / Permit etc. Rs. 500/- per occasion

g) Non fencing of excavated area in Rs. 1000/- per occasion

operating station
h) Non-protection of deep excavation by Rs. 10000/- per occasion
way of shoring and strutting.
i) Over speeding of jeep / bus etc. in Rs. 1000/- per occasion
operating station
j) Inadequate or non-availability of First Aid Rs. 500/- per occasion
Box
*Aforesaid penalty clause is over and above, the applicable statutory requirements.
15.2.2 In case of accidents depending on the seriousness of injury etc. in addition to the
hospitalization / Treatment charges and Group insurance amount, compensation shall be
paid by the Contractor to the affected person / his family members in presence of
Engineer-in-charge as per Workmen Compensation Act.
15.3.0 SAFETY PRACTICES WHILE WORKING AT HEIGHT
15.3.1 In line with the OISD guidelines on “Safety practices during construction” (OISD-
GDN- 192), the Contractor shall ensure that additional safety measures like providing
Fall Arrestor type safety belt, safety net for all activities being done in line with tender
requirements at a height of 2.5 meters and more depending upon the site conditions and
job requirements.
16.0.0 RESTRICTION OF VISITORS
16.1.0 The Contractor shall not allow any visitors on the work or premises of the sites
without approval of the Engineer-in-Charge and/or Site Engineer.
17.0.0 LABOUR LAWS AND REGULATIONS
17.1.0 In addition to the provisions of clause no.[Link] of General Conditions of
Contract, the Contractor shall ensure that local labour, unskilled as well as skilled to the
extent possible and available from local resources, are preferentially employed on work
Special Conditions of Contract Page 9 of 16
Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

with special priority being given to the person and/or dependants of persons whose lands
have been acquired for any facilities in connection of with the work. For any infringement
of these provisions, the Owner shall be at a liberty to rescind the Contract without any
liability to pay any compensation whatsoever to the Contractor.
17.2.0 In addition to provisions of clause no.[Link] of General Conditions of Contract,
within 15 (Fifteen) days of award of contract, the Contractor shall submit to the Engineer-
in-Charge a copy of valid Licence under the Contract Labour (Regulation & Abolition)
Act, 1970.
17.3.0 In addition to provisions of clause no. [Link] of General Conditions of Contract,
each Bidder shall furnish an undertaking in the prescribed format as per the Annexure-IA
annexed to the Form of Tender that he/it/they is/are not engaging child labour as per the
applicable law in their work and undertake to comply with all various legislation, as may
be applicable from time to time in case the work is awarded to them.
17.4.0 Without prejudice to the generality of clause no. [Link] of General Conditions of
Contract, the Contractor shall adequately cover all its eligible employees under the
provisions contained in Employees Provident Fund Act 1952 and subsequent
amendment thereof, if any. The Contractor shall furnish a certificate and statement
embodying therein all the relevant details in evidence of having complied with the
provisions of the said act. It would be obligatory on the part of the Contractor to take
necessary PF establishment code number and regularly deposit the PF amount (amount
deducted from the employee's wages and employer’s contribution) for all the eligible
employees to the concerned statutory authority.
17.5.0 The Contractor shall along with his monthly bills specifically certify that he has
fully complied with all the obligations and statutory compliances including Contract
Labour (Regulation & Abolition) Act, Employees Provident Fund Act, Minimum Wages
Act, Workmen Compensation Insurance, Leave Salary, etc. and all other obligations as
enforced by the State/ Central Government from time to time.
17.6.0 The Contractor shall be directed in writing or orally specifically in this behalf of his
obligations for compliance which he will be required to comply with. In case of default on
part of the Contractor, he shall be liable to be penalized and other strict actions including
termination of contract as may be deemed fit at the discretion of the Owner.
18.0.0 PERSONAL ACTS AND LIABILITIES
18.1.0 Further to the provisions of clause no [Link] of General Conditions of Contract,
any money paid to any director, attorney, agent, officer or employee of the Contractor
and any receipt, settlement, acknowledgement of liability or other arrangement,
agreement or document whatsoever signed by any such director, attorney, agent, officer,
or employee of the Contractor or erstwhile director, attorney, agent, officer or employee
of the Contractor (without notice of his cessation of interest) or by any person held out to
be a director, attorney, agent, officer or employee of the Contractor authorized to act on
behalf of and/or to bind the Contractor, be binding upon the Contractor and shall
constitute a full release and discharge to the Owner and/or settlement,
acknowledgement or obligation of, upon or with the Contractor, as the case may be, and
the Owner shall not be concerned with the actual application of any money so paid or of
the actual authority of such director, attorney, agent, officer or employee (actual,
erstwhile or purported as the case may be) vis-à-vis the company to make the
settlement, receipt, acknowledgement, agreement or other document concerned.
19.0.0 INDEMNITY AND INSURANCE
19.1.0 Without prejudice to the generality of clause no. [Link] of General Conditions of
Contract and following sub clauses thereof, the Contractor shall take the comprehensive
insurance policy for the workmen engaged by him/ them at the Owner’s site and shall
submit the copy of the same to the Engineer-in-Charge/ Site Engineer within 15 (Fifteen)
days of award of contract. It shall be noted that in no conditions, whatsoever, the Owner
shall permit the Contractor to carry out the work as defined/ specified elsewhere with the

Special Conditions of Contract Page 10 of 16

Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

workmen (including supervisors and work inspectors) not covered under such insurance
policy. This may, however be noted that the Contractor shall have to take any other
insurance policy/ policies for workmen as required by the Laws of the land, i.e. by the
State Government and/or Central Government enforced from time to time in this regard
and the Owner shall not take any responsibility whatsoever. The Contractor at his own
risk and cost shall take all such insurance policy/ policies.
19.2.0 In addition to provisions of clause no. [Link] of General Conditions of Contract,
within 15 (Fifteen) days of award of contract, the Contractor shall submit to the Engineer-
in-Charge a copy of valid Workmen’s Compensation Insurance and Third Party
Insurance.
19.3.0 The Contractor shall provide the following insurance through his regular agency to
cover his men, machinery and equipment:
a) Workman compensation Insurance for the persons deployed for execution of
the work.
b) Group Personnel Accident Policy.
c) All required Insurances
d) The Contractor is also recommended to secure itself from any losses arising
out of cost incurred due to rectification of pipeline for damage to same by the
Contractor during coating refurbishment works.
19.4.0 Regarding insurance following provisions are further incorporated over & above
the provisions of General Conditions of Contract:
19.4.1 Any money received by the Owner under any policy or policies of insurance shall
be held by the Owner for proportionate payment to the Contractor in respect of any
appropriate repairs undertaken and/or replacement(s) made by the Contractor, with
liberty to the Owner, should the Contractor fail to undertake in whole or part such repairs
and/or replacement(s) and other works necessary consequent upon the occurrence of
any contingency covered by such insurance, without prejudice to any other rights or
remedies available to the Owner in whole or in part towards repair or restoration or the
performance of the necessary work, as the case may be through any other agency(ies).
19.4.2 Insurance of all the equipments, machinery, plant, tools & tackles, vessels and
any other equipment brought to site for completion of work and which are not meant for
permanent incorporation in the work shall be to the Contractor’s account and suitable
insurance cover should be taken on their own.
19.4.3 For any infringement of these provisions, the Owner shall be at liberty to terminate
the Contract without any liability to pay any compensation whatsoever to the Contractor.
20.0.0 FORCE MAJEURE
20.1.0 In partial modification of clause [Link] of GCC, Local "Bandh" shall be included in
"FORCE MAJEURE".
21.0.0 TAXES & DUTIES
21.1.0 Further to clause [Link] of General conditions of Contract, all duties, taxes and
other levies including cess on all duties, taxes and other levies (excluding service tax
and cess thereon) payable by the Contractor under the contract shall be included in the
rate and prices submitted by the bidder.
21.1.1 Further to Clause No. [Link] of General conditions of Contract, the
CONTRACTOR shall be exclusively liable for the payment of any and all taxes, duties,
levies, etc. now in force, increased or modified in respect of any work done and/or
materials supplied and for the payment of all contributions and taxes for unemployment
compensation, insurance and old age pension and annuity now, by the Central or any
State Government or any authority with respect to or covered by the wages, salaries or
other compensations paid to persons employed or engaged by the CONTRACTOR and
doth hereby undertake to indemnify and keep indemnified the OWNER from and against
Special Conditions of Contract Page 11 of 16
Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

the same and all claims, actions, demands and payments whatsoever against the
OWNER howsoever arising there from or in connection therewith. However, any new
taxes, duties, levies etc. imposed by the Central or State Government, subsequent to the
submission of the bid shall be reimbursed.
21.2.0 Sales tax on works contract
21.2.1 Further to clause [Link] of the General Conditions of Contract, bidder’s attention
is drawn to the regulation of imposition of the Sales Tax on works contract by certain
State Governments. In case such Sales Tax is already in vogue, the offer of the Bidder
shall be deemed to be inclusive of such Sales Tax and such sales tax shall be deducted
at source from the running account/ final bills. The Bidders shall get their names
registered with Sales Tax Authority of the State Government concerned.
21.2.2 While submitting the bid, bidder to consider the impact of VAT for the States in
which VAT has been implemented. VAT would be applicable for intra-state supplies only
in this tender.
21.2.3 Bidders are also advised to make themselves fully conversant with applicable
VAT laws. The bidders will have to furnish to the Owner, taxable invoices as per VAT
laws for all such items as referred to above for enabling the Owner to take credit of VAT.
21.2.4 In case, after the award of work, the bidder/contractor fails to submit appropriate
tax invoices in an acceptable form as per our requirement, the amount of VAT informed
in the price bid as above by the bidder will be deducted from the payment due to the
party.
21.2.5 The prices inclusive of all taxes & duties shall be firm without any escalation/de-
escalation. Price bid to be submitted strictly in the price format in the price bid.
21.2.6 Fulfillment of all the statutory requirements for supply of materials and services
and any other statutory requirement shall be the exclusive responsibility of the
Contractor.
21.2.7 C-Form will not be issued for the works under this Contract.
21.3.0 Income Tax
21.3.1 Income Tax along with surcharge of Income Tax & cess as applicable at the
prevailing rate on the gross amount billed shall be deducted from the Contractor's bill as
per applicable laws.
21.4.0 Service Tax
21.4.1 The price offer for the subject work shall exclude the service tax as applicable under
Finance Act, 1994 and subsequent amendments thereto. The bidder shall indicate in its bid
the service tax registration number and in case the service tax registration number is not
obtained, the bidder will give confirmation for obtaining registration with a copy of application
for registration.
21.4.2 Bidders are required to clearly indicate the rate of service tax considered for this job
after abatement, if any, in the format given below and to be submitted along with technical
bid which shall be used in evaluation of price bids. (Table showing different options available
under Service Tax Rules has been attached as annexure -"E" for reference of the bidders).
Type of Service Normal Availment of Rate of service Whether CENVAT
as per Finance Rate of any tax under on inputs/input
Act 1994 Service exemption/abat abatement services/capital
Tax ement scheme (to be goods (as
charged on value applicable, Refer
submitted in the Reference table at
price bid) Annexure M) to be
claimed(Yes/No)*
1 2 3 4 5
Supply NA NA NA NA

Special Conditions of Contract Page 12 of 16

Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

Services
Composite Work
AMC/Others
 Service Tax on abated value is applicable wherever the service provider has not availed
CENVAT credit on inputs/input services/capital goods (as applicable, Refer Reference
Table at Annexure "E"). Therefore, in case of contractors opts for abatement scheme,
contractor has to furnish a certificate confirming that CENVAT credit has not been availed
on inputs/input services/capital goods.
21.4.3 After award of work, Service Tax shall be paid by the owner to the contractor at the
percentage indicated by them in the respective FORMAT, net of remittance, if any, by the
OWNER under reverse charge mechanism, against invoices issued in accordance with the
provisions of Rule 4A of the Service Tax Rules 1994 which state that each invoice shall be
serially numbered and shall contain the following details:
(i) The name, address and registration number of the service provider
(ii) The name and address of the recipient of the taxable service
(iii) Description, and value of taxable service provided or agreed to be provided and
(iv) The service tax and cess payable on such services
The above details are required to enable Owner to avail CENVAT credit on Service Tax
paid. In case contractor does not furnish such invoices enabling owner to claim CENVAT
benefit such amount shall not be paid to the Contractor irrespective of whether the
contractor has paid such amount to the Tax Authorities. Contractor's liability however
shall be limited to furnishing of CENVATABLE invoices.
21.5.0 Octroi
21.5.1 The Owner shall either obtain exemption against local Octroi or terminal taxes
leviable, from the local authorities concerned, for all Owner-supplied materials meant for
permanent incorporation in the works or shall reimburse the same to the Contractor
against submission of documentary evidence. However, the Contractor shall within the
scope of work be liable to pay and bear any or all octroi or terminal tax payable on any
materials, goods or equipment supplied or deployed by the Contractor for the work.
21.5.2 “Entry Tax”, if any, on the materials transported or deployed by the Contractor
shall be on Contractors account.
21.6.0 Customs duty on construction equipment
21.6.1 Contractor is liable to pay all customs duty, as applicable on the equipment
brought to India for executing the works.
21.6.2 The Contractor shall be fully liable for observing all the formalities in this regard as
well as to pay the customs duty chargeable on the equipment, including any deposit
payable for such purposes. No adjustment in the quoted rates shall be permissible for
any change in duty draw-back applicable in respect of equipment and machinery brought
to India for use in the project and for re-export of equipment & machinery, on completion
of the project.
21.7.0 Customs Duty
21.7.1 The quoted price shall include full customs duties for materials (for permanent
incorporation in the work), equipment and plants envisaged to be imported for execution
of work.
21.8.0 Import License
21.8.1 The Contractor shall arrange import of all materials required for permanent
incorporation in the works as well as construction equipment as per the guidelines laid
down by the Government of India. Import license shall not be provided by Owner.
22.0.0 PATENT INDEMNIFICATION
Special Conditions of Contract Page 13 of 16
Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

22.1.0 Further to General Conditions of Contract clause no. [Link], Contractor shall
indemnify the Owner against all losses, costs, damages and expenses arising from any
claim asserted against Owner that the work or part thereof, or any methods, designs or
things furnished or specified by Contractor or any sub-Contractor or supplier under this
Contract, or any use thereof in the reasonable contemplation of the parties at the time
furnished, or any methods, processes or acts employed by Contractor in connection with
the performance of its obligations hereunder constitutes an infringement of any patent,
trade secret, proprietary information, know-how copyright (statutory or non-statutory),
unpatented invention or any unauthorized use of the work of others.
23.0.0 SCHEDULE OF RATES
23.1.0 All the items of work mentioned in the schedule of rates and covered by the
Contract shall be carried out as per the drawings, specifications and direction of
Engineer-in- Charge and shall include all labour, materials, tools, tackles, etc. required to
complete the job.
23.2.0 The Contractor shall be and remain at all time exclusively responsible to provide
all material, consumables, labour supervision, equipment tools machines, permits,
licenses, casements and facilities and other items and things whatsoever required for or
in connection with the work, included but not limited to those indicated by expression or
implication in the Schedule of Rates, Specification, plans, drawings and/or other Contract
documents or howsoever otherwise as shall be or may from time to time at any time be
necessary for or in connection with the work either for incorporation within the permanent
works or in relative to the execution and performance of the work.
23.3.0 Further to Clause No. [Link] of General conditions of Contract, the rates stated in
the Schedule of Rates shall not be subject to escalation or increase on any account
whatsoever, other than new taxes, duties, levies etc. imposed by Central or State
Government subsequent to submission of the bid and before contractual completion
period.
24.0.0 INDEMNITY BOND
24.1.0 All the OWNER supplied materials like coating materials shall be issued to
Contractor by the Engineer-in-charge against submission of Indemnity bond by the
contractor to the Engineer-in-charge.
25.0.0 PROGRESS REPORT
25.1.0 During execution of the contract the Contractor shall furnish progress report to the
Owner for the progress of the work achieved during the week, the total progress till the
week as against scheduled and anticipated completion date in respect of activities
covered in the “Progress Schedule” referred to above. If required by the Owner, the
Contractor shall also furnish to the Owner resources data in a specified format and time
schedule. The Contractor shall also furnish any other information necessary to ascertain
the progress of the work, manufacture and/or procurement as required by the Owner.
25.2.0 The Contractor shall make every effort to keep the Owner adequately informed as
to the progress of the work throughout the entire project. Apart from the periodic
progress reports, if the Owner calls for additional progress reports/ information related to
the project the Contractor shall reply to the Owner’s call within 07 (Seven) days. For
frequency of the progress reports and other details, Special Conditions of Contract of the
bid document may please be referred.
25.3.0 Regular progress review meetings shall be held from time to time as per mutually
agreed programmes/ schedule. It shall be binding on the Contractor to attend these
progress review meetings with all information as desired by the Owner.
26.0.0 DEFINITIONS
26.1.0 “Act” shall mean the Petroleum and Minerals Pipeline (Acquisition of Right of User
in Land) Act, 1962; Amendment Act, 1977 or any amendment/ re-enactment/
replacement thereof for the time being in force and any rules, orders, instructions and/or
specifications issued there under.

Special Conditions of Contract Page 14 of 16

Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

26.2.0 All headings of the clauses in these conditions of contract or otherwise in any
contract document are intended solely for the purpose of giving a broad indication of the
contents of the clause and not as a summary of the contents thereof.
26.3.0 “Bid” and “Bidder” shall have the same meaning as “Tender” and “Tenderer”
respectively, as defined in GCC.
27.0.0 PROHIBITION OF ENGAGEMENT OF CHILD LABOUR
27.1.0 The contractor shall state that they are not engaging child labour as per various
labour laws applicable to them. Making a fake claim would have its contract terminated
forthwith, if detected later. It is mandatory for the Contractor to submit an undertaking as
per attached Performa for Non-engagement of child labour.
27.2.0 With a view to prohibit engagement of child labour; amendments have been made
in General Condition of Contracts as per Annexure.
28.0.0 SUFFICIENCY OF TENDER
28.1.0 The Contractor shall be deemed to have satisfied himself before tendering as to
the correctness and sufficiency of his tender for the works and of the rates stated in the
schedule of rates, which shall cover all his obligations under the contract and all matters
and things necessary for proper completion of the works. This work shall be put under
execution with effect from date of issuance of specific notice for commencement of
works. Accordingly tenderers are required to quote their rates, keeping this in their view.
29.0.0 CO-OPERATION WITH OTHER CONTRACTORS
29.1.0 The OWNER may engage at the work site, other Contractors or agencies to
perform other works. The Contractor shall co-operate with the Owner and other
Contractors and agencies engaged at the work site to ensure harmonious working and
shall comply with any instruction issued by the Engineer-in-Charge and/or Site Engineer
for this purpose.
29.2.0 Contractor shall take into account the instructions of the Engineer-in-Charge
regarding the constraints, restraints and other requirements of works and the required
sequence of works, in preparing the Progress Schedule. Notwithstanding the provisions
relating to "Approved Progress Schedule", weekly or monthly work programmes may be
drawn up by the Engineer-in-Charge taking into account the availability of work fronts
and the requirements of other Contractors or agencies involved at the work sites and the
contractor shall abide by the weekly or monthly work programmes also so drawn-up.
29.3.0 In the event of failure on the part of the Contractor to adhere to the weekly or
monthly work programmes drawn up by the Site Engineer/Engineer-in-Charge, the
provisions of Clause No. [Link] of General Conditions of Contract shall apply. The
decision of the Engineer-in-Charge as to whether a failure on the part of the Contractor
to comply with the weekly or monthly work programmes drawn up has occurred or not
shall be final and binding on the Contractor.
29.4.0 Any delay caused due to non-availability of work fronts (including delayed
availability of work front, wherever applicable) and/or due to the requirements of other
Contractors and/or agencies engaged at the work sites shall not entitle the Contractor to
any extra payments/ claims whatsoever, whether for idleness or otherwise. Only suitable
extension of time for completion shall be granted, provided the reasons for delay are not
attributable to the Contractor.
30.0.0 CORRENSPONDENCE PROCEDURE
30.1.0 All correspondence before and up to award of work/contract agreement execution
shall be addressed to the office of tender issuing authority. On award of work the
correspondence procedure as specified in the letter of acceptance shall be followed.
31.0.0 EMPLOYMENT OF LOCAL LABOUR
31.1.0 The contractor shall ensure that local labour, unskilled as well as skilled, to the
extent possible are available from local resources and preferentially employed for the
work to be performed at job site(s). For any infringement of this provision, the owner

Special Conditions of Contract Page 15 of 16

Tender No: GSPL/GHY/TS/2015-16/12 Indian Oil Corporation Limited
Pipelines Division, GSPL, Guwahati

shall be at liberty to rescind the contract without any liability to pay any compensation
whatsoever to the contractor.
32.0.0 ARBITRATION
32.1.0 In partial modification of clause 9.0.0 of GCC, the provision of the Arbitration and
conciliation Act 1996 shall be applicable. The venue of arbitration shall be Guwahati.
33.0.0 SECURITY DEPOSIT
33.1.0 Further to provisions of clause no. [Link] of General Conditions of Contract &
sub-clauses thereof, the security deposit will be refunded to the Contractor after 12
(Twelve) Months of satisfactory completion of contract as certified by the Engineer-in-
Charge.
33.2.0 No interest shall be payable by the corporation on Security Deposit.
33.3.0 The successful bidder will submit Initial Security Deposit (ISD) at the rate of 2.5%
of the nominal contract value within 10 days of receipt of LOA. The ISD shall be retained
by the owner during the currency of the contract along with the Security deposit
deducted at the rate of 7.5% of the running bills maximum up to 10% of contract value
and the same shall be refunded after completion of defect liability period upon due
certification by Engineer-in-Charge.
34.0.0 CLEARING OF SITE
34.1.0 After completion of entire works covered under the scope of this contract, the
contractor shall clear the work site as per the requirements of Site engineer/Engineer-in-
charge and the area of worksite shall be restored to original condition.

Special Conditions of Contract Page 16 of 16