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ONGC Rig Wash & Painting Contract Terms

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0% found this document useful (0 votes)
19 views6 pages

ONGC Rig Wash & Painting Contract Terms

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md
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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SPECIAL TERMS & CONDITIONS

1. General Conditions:-

I. Special Conditions of Contract shall be read in conjunction with the General Conditions of
Contract, Scope of work, and any other document forming part of this contract wherever
the context so requires.

II. Not with-standing the sub divisions of the document into these separate sections 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 so far as
it may be practicable to do so.

III. Where any portion of the Special Conditions of Contract is repugnant to or at variance
with any provisions of the General Conditions of contract then unless a different intention
appears, the provision of the Special Conditions of Contract shall be deemed to override
the pro-visions of the General Conditions of Contract only to the extent such repugnancies
of variations in the Special Conditions of Contract as are not possible of being reconciled
with the provisions of General Conditions of Contract.

IV. The materials designed and workmanship shall satisfy the applicable standard,
specifications contained herein and codes referred to where the technical specifications
stipulate requirements in addition to those contained in the standard codes and
specifications those additional requirement shall be satisfied.

V. Wherever it is mentioned in the specifications that the Contractor shall perform certain
work or provide certain facilities, it is understood that the Contractor shall do so at his own
cost and the Contract Price shall be deemed to have included cost of such performances
and provisions, so mentioned.

VI. In case of any conflict in the relevant provision/clauses of the Contract, codes, Painting &
equipment specifications, and such other are found the decisions shall be taken as per
following guidelines. As a general rule first of all basic specifications/equipment criteria
shall be referred in conjunction with relevant codes. In case of confusion still remaining
Engineer-in-Charge's decision shall be binding on the contractor.

VII. The contractor should possess and bring all tools, gadgets, instruments etc. required for
Rig wash & Painting job. The work is to be carried out at ONGC site. Contractor to depute
and start the job on the date mentioned in the call fax / Letter and this schedule be
adhered to as rig operations cannot be stopped or delayed for Rig wash & Painting job.

VIII. The contract will be operated by the RIC/DIC (Engineer-in-Charge) at different Rigs of
Rajahmundry Asset.

IX. ONGC Ltd do not guarantee any minimum quantum of work during the continuance of the
contract.

X. The contractor representatives will observe all the disciplinary and safety codes as
applicable to ONGC ltd employees at the premises of ONGC Ltd.

2. Effective date of contract: The contract shall be effective from date of initial
mobilization of Rig wash & Painting team at ONGC designated site, Rajahmundry Asset.
3. Duration of the Contract: The duration of the contract shall be effective for a period of
03 years from the date of initial mobilization of the inspection team at first designated
site after the issue of notice for mobilization.

4. The firm should have adequate infrastructure facilities to carry out the job as specified in
the scope of work. As the job is performed at the site, firm should be in a position to
deploy required equipment and manpower at site within the stipulated period.

5. Mobilization & Job Completion Schedule:

Initial Mobilisation should be 60 days from the date of issuing NOA.

In Initial Mobilisation period the Contractor should bring all the above necessary
equipment along with complete spares for all the units to be deployed in ONGC, Narsapur
yard to cater the Rig wash & Painting Services of ONGC. Contractor should keep and
maintain the same at no rental charges. Contractor should have spares preferably for 3
years in stock or should give details of acquiring spares periodically to cover
requirements of three years services. Contractor should not import any spares without
prior approval of ONGC.

Rig wash & Painting jobs in each Rig to be carried out on call out basis for which five (05)
days’ notice will be given. Failure to mobilize resources for carrying out of jobs as
mentioned in scope of work shall attract levy of liquidated damages. If required, the
intimation for start of work may be intimated telephonically.

The entire rig wash work and painting work as per SOW shall be carried out on any rig
from the date of handing over the equipment/tools to the contractor as per the time
specified in the work order. The work to be carried out during Operational or Rig
building/rig movement/dismantling period under the supervision of the respective DIC or
his authorized representative. Job completion Certificate is to be obtained from the DIC
of the Rig / Rig In-charge.

NOTE: If due to any reason ONGC cannot make available the rigs continuously for
execution of the job, job can be taken up on different days but total days will be limited
to as mentioned above. No LD is applicable if ONGC cannot provide the Rigs or
equipment for inspection during Contract period.

6. TRANSPORTATION & FACILITIES:

i) Boarding & Lodging of personnel to and from site shall be the responsibility of the
contractor for which no payment is admissible.
ii) Transportation charges as per contract for equipment and manpower from Narsapur yard
to drill site/DSA on drilling rig will be borne by ONGC.
iii) If there is any delay in the offering the job as per work order due to the unexpected
operational delay, ONGC Ltd will not provide the boarding & Lodging charges to the crew
of the vendor for the delay period. However, the job completion period shall be started
from the date of the offered the job.
iv) The ONGC will not provide any instrument required to carry out the work. The agency
should use only standard / latest model of the instruments approved by the ONGC. All
instruments should be duly calibrated and in good working condition

v) ONGC will provide only electrical power/ Air Connection & Crane at site for carrying out
works. The contractor has to bring all tools & tackles required for the specified jobs.

vi) The Contractor shall be responsible for safe custody and handling of his tools /
equipment / instrument / materials
7. Man Power/ Contractor's Personnel:

i) The bidder's staff / personnel / expert / technicians shall abide by the existing security
and safety rules / regulations / precautions as per the instructions given time to time.

ii) The contractor shall provide safety kits to personnel deputed and should take all safety
precautions for its men during work at sites to meet safety standard as per oil mines
regulations. In order to avoid mishap / accident bidder shall ensure that only skilled staff
/ personnel / experts with sufficient experience are deployed.

iii) Contractor should have sufficient no of qualified personnel to render the Rig wash &
Painting services as per the scope.

iv) The personnel of the Contractor deputed for the job should be medically fit, possess good
conduct and discipline and should not have any past criminal record. In case of conduct
of any person is found unsatisfactory the contractor shall change him immediately. Any
stoppage of work in this account will not be acceptable.

8. WARRANTY / GUARANTEE:

The Contractor undertakes to warrant that water proofing & Anti corrosive painting jobs
to be furnished hereunder shall be free from all defects and faults in professional
assessment and shall be of the highest degree and consistent with the established and
generally accepted standards of the services of the type ordered and in full conformity
with the applicable specifications. This warranty shall survive all inspection, of the
payment for and the acceptance of the goods and services but shall expire after six (6)
months from the date of successful completion of work.

In case of any defect is noticed and intimated to the contractor within the warranty
period contractor has to carry out the necessary repair / replacement at ONGC site free
cost to ONGC.

Accordingly, the performance security shall be valid for additional period covering the
warranty period beyond contract completion period.

The contractor is required to submit the warranty certificate along with the work
completion certificate while submitting the invoice for payment.

9. Discrepancies between Instructions:

Should any discrepancy occur between the various instructions issued to


CONTRACTOR, his agents or staff or any doubt arise as to the meaning of any such
instructions or should there be any misunderstanding between the CONTRACTOR's staff
and the ENGINEER-IN-CHARGE’s staff, CONTRACTOR shall refer the matter immediately
in writing to the CGM-LMDS whose decision thereon shall be final and conclusive and no
claim for losses alleged to have caused by such discrepancies between instructions,
doubts, or misunderstanding shall in any event be admissible.

[Link] Methodology & Invoice Presentation:


Payment shall be made as per actual work executed against each work order limited to
the approved ordered quantity. Part payment against successful completion of Rig wash
& painting jobs in various rigs & equipment can be allowed restricted to one bill for each
rig.

Invoices accompanied by copies of original vouchers, records, receipts, job completion


certificates, Warranty Certificate from the DIC of the Rig for the works performed as
specified in the work order shall be presented to Location Manager Drilling Services,
Rajahmundry Asset, Payment shall be made within 10 days of presentation of the
invoices complete in all respects.

All invoices addressed to Location Manager Drilling Services, at Rajahmundry Asset of


ONGC along with duly signed work completion certificate from the DIC/RIC of the Rig and
other relevant supporting documents shall be submitted in VIMS portal (online).

Invoices along with supporting documents can be submitted/uploaded through VIMS


Portal ([Link] which is the preferred mode of submission of Invoice.
Invoice (PDF digitally signed with class II/ III signature) and supporting documents can
be uploaded in VIMS Portal by logging-in with the help of Vendor Code.

Ten (10) digit PO or Contract number should be clearly mentioned in the invoice. For
submitting the invoices through VIMS Portal and Email channel, following must be
ensured:

i) Invoices should be system generated and no hand written invoices shall be allowed.

ii) Invoice should be e-invoice in terms of GST Law or the digitally signed invoice
only.

iii) Invoices need to be scanned at a minimum of 300 dpi, preferably in color.

iv) Invoices should be in PDF format only.

v) For invoices, file name should be kept as "[Link]" (INV must be prefixed for
correct categorization of invoice and differentiation from supporting document).

vi) A regular format must be maintained in which invoices are being submitted in
ONGC.

vii) Invoices should be digitally signed with Class - II /III Digital Certificate issued by
any licensed CAs.

Note: Invoices submitted for payment should be e-invoice in terms of GST Law or the
digitally signed invoice only. No physical invoice shall be accepted for payment.

[Link] PERFORMANCE CLAUSE

In case of any delay in Mobilisation of resources beyond 5 days from the date of call out
notice or carrying out any job within the time limits prescribed in the work order, ONGC
will recover as a non- performance penalty a sum equivalent to ½ % of the total billed
value for each week of delay or part thereof in execution of the contract subject to
maximum of 10% of the total billed of the relevant work order value. In the event of
failure of delay on the part of the contractor in completion of the work awarded to him
due to any reason whatsoever ONGC shall have the option to exercise right to cancel the
contract and to make alternate arrangement for the work. The cost and expenses under
this clause however shall not be limited to the outstanding amount/security deposit
performance guarantee etc.

[Link] Damages for delay in Initial Mobilisation

Initial Mobilisation should be 60 days from the date of issuing NOA.

In Initial Mobilisation period the Contractor should bring all the necessary equipment
along with complete spares for all the units to be deployed in ONGC, Narsapur yard to
cater the Rig wash & Painting job of ONGC. Contractor should keep and maintain the
same at no rental charges. Contractor should have spares preferably for 3 years in stock
or should give details of acquiring spares periodically to cover requirements of three
years services. Contractor should not import any spares without prior approval of ONGC.

(a) CONTRACTOR (successful bidder) shall mobilize and deploy the required
manpower and the complete equipments so as to commence the services at the specified
sites within a maximum of 60 days from the date of Fax order / LOA / NOA.

(b) If the CONTRACTOR fails to mobilize and deploy the required manpower /
equipment and / or fails to commence the services within the period specified in sub
clause (a) above, ONGC shall have, without prejudice to any other right or remedy in law
or contract including sub clause (c) below, the right to terminate the contract.

(c) If the contractor is unable to mobilize / deploy and commence the services within
the period specified in sub clause (a) above, it may request ONGC for extension of the
time with unconditionally agreeing for levy and recovery of LD. Upon receipt of such a
request, ONGC may at its discretion, extend the period of mobilization and shall recover
from the contractor, as an ascertained and agreed Liquidated Damages, a sum
equivalent to 1/2 % of annual contract value, for each week of delay or part thereof,
subject to a maximum of 10% of the annual contract value.

(d) The parties agree that the sum specified above is not a penalty but a genuine
pre-estimate of the loss/damage which will be suffered by ONGC on account of delay
on the part of the CONTRACTOR and the said amount will be payable without proof of
actual loss or damage caused by such delay.

(e) LD will be calculated on the basis of annual contract value excluding duties and
taxes, where such duties/taxes have been shown separately in the contract...

[Link] prevention policy of ONGC


Fraud prevention policy is available at ONGC's public portal [Link]
the bidder(s) shall be required to certify that they have read the fraud prevention policy
of ONGC and they would adhere to the same and shall not indulge themselves or allow
others to indulge in fraudulent activities and that they would immediately appraise the
ONGC of the fraud/suspected fraud as soon as it comes to their notice.

[Link] AND LABOUR LAW: Contractor shall comply with the provision of all laws
including Labour laws, rules, regulations and notifications issued thereunder from time to
time. All safety and labour laws enforced by statutory agencies and by ONGC shall be
applicable in the performance of this contract and contractor shall abide by these laws.
Contractor shall take all measures necessary or proper to protect the personnel, work
and facilities and shall observe all reasonable safety rules and instruction. No smoking
shall be permitted outside the living quarters, and welding jobs will be carried out with
all precautions. ONGC's employee also shall comply with safety procedures/policy.
Contractor shall report as soon as possible any evidence which may indicate or is likely
to lead to an abnormal or dangerous situation and shall take all necessary emergency
control step to avoid such abnormal situations.

[Link] of forged documents:


Bidders should note that ONGC may verify authenticity of all the
documents/certificate/information submitted by the bidder(s) against the tender. In case
at any stage of tendering process or Contract/PO execution etc., if it is established that
bidder has submitted forged documents/certificates/information towards fulfilment of any
of the tender/contract conditions, ONGC shall immediately reject the bid of such
bidder(s) or cancel/terminate the contract and forfeit EMD/SD submitted by the bidder.
The bidder shall be required to give an undertaking on the company's letter
head and duly signed by the signatory of the bid, that all the
documents/certificates/information submitted by them against the tender are
genuine. In case any of the documents/certificates/information submitted by the bidder
is found to be false or forged, action as deemed fit may be initiated by ONGC at its sole
discretion. ·

16. Bidder should comply all tender conditions in tender for acceptance of their offer.

[Link] bidder to confirm in their bid to comply with all the Acts, rules, regulations, bye-
laws, industry standards and its subsequent amendments as applicable to the ONGC
(mine owner) and follow Integrated QHSE & Safety Management System of ONGC.

KRISHA Digitally signed


N by KRISHAN
KUMAR MEENA
KUMAR Date: 2025.10.06
15:02:48 +05'30'
MEENA

Common questions

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Contractors must deploy appropriate, calibrated equipment without reliance on ONGC-supplied instruments, ensuring proper custody and condition. Delays in job execution past the five-day notice result in a penalty: 1/2% of the total billed value per week, up to 10%. Failure to execute jobs can lead to contract cancellation, requiring contractors to bear the associated costs .

The contractor must complete initial mobilization within 60 days of the notice of acceptance, bringing all necessary equipment and spares. ONGC allows an extension of the timeline upon request, with the contractor agreeing to liquidated damages for delays, calculated as 1/2% of the annual contract value per delayed week, up to 10% of this value, excluding duties and taxes .

The contractor is required to ensure that all personnel abide by existing security and safety regulations, provide safety kits, take all safety precautions, and meet safety standards as per oil mines regulations. The contractor must ensure the use of only skilled and medically fit personnel, who must have no past criminal record. Additionally, safety measures such as restrictions on smoking and careful handling of welding jobs must be enforced. If any evidence of a potentially dangerous situation arises, the contractor must take immediate steps to control it .

If ONGC identifies fraud or forged documents, it may immediately terminate the contract, rejecting the bid or cancelling the ongoing contract, leading to forfeiture of the contractor's EMD/SD. Contractors must certify document authenticity and prepare to face ONGC's discretion in further actions, including possible legal consequences .

ONGC mandates contractors use only standard or latest model instruments approved by them, which must be calibrated and well-maintained. The contractor must keep all necessary tools and tackle in good condition and maintain sufficient spares for three years. Importation of spares requires prior ONGC approval. Any equipment failure must not disrupt service delivery .

Boarding and lodging are the contractor's responsibility, without reimbursement, unless delays are due to operational issues from ONGC's side, which do not cover these costs. ONGC will, however, bear transportation charges for equipment and manpower between designated locations and the drill site .

If the contractor fails to mobilize and deploy the required manpower and equipment within the specified period, ONGC will impose liquidated damages equivalent to 1/2% of the annual contract value for each week of delay, up to a maximum of 10% of the annual contract value. This amount is agreed upon as a genuine pre-estimate of loss or damage due to the delay and is payable without the need to prove actual damages .

The contractor must comply with all relevant laws, rules, and notifications about labor and safety, as enforced by statutory agencies, while performing the contract. ONGC also mandates adherence to their Integrated QHSE & Safety Management System and expects contractors to protect personnel and adhere to all safety instructions. Any potentially dangerous situations must be reported promptly for control measures .

The contractor is required to certify that they have read and will adhere to ONGC's fraud prevention policy, ensuring they do not engage or allow others to engage in fraudulent activities. They must also report any suspected fraud to ONGC immediately upon detection .

In case of discrepancies between various instructions, the contractor must seek clarification to avoid misinterpretations and potential issues. This proactive compliance across diverse contractual obligations ensures the uninterrupted execution of the contract and adherence to ONGC's standards .

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