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Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.

4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 1 of 16 (A-1.4-683801ITB)

SECTION A-1.4

SPECIAL INSTRUCTIONS
TO
BIDDER

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 2 of 16 (A-1.4-683801ITB)

INDEX

1.0 INTRODUCTION.........................................................................................................................4

2.0 COST OF BIDDING....................................................................................................................5

3.0 SITE LOCATION/SITE VISIT.................................................................................................5

4.0 BIDDING DOCUMENTS ...........................................................................................................6

5.0 OWNER’S PMC ............................................................................................................................6

6.0 AMENDMENT OF BIDDING DOCUMENTS ........................................................................6

7.0 LANGUAGE OF BIDS.................................................................................................................6

8.0 PREPARATION/ SUBMISSION OF BIDS...........................................................................6

9.0 PRICE BID....................................................................................................... 9

10.0 CURRENCIES OF BID & PAYMENT .................................................................. 9

11.0 PERIOD OF VALIDITY OF BIDS .....................................................................................10

12.0 BID SECURITY/ EARNEST MONEY DEPOSIT ...........................................................10

13.0 FORMAT AND SIGNING OF BID ....................................................................................11

14.0 BIDDING DOCUMENTS AND DEVIATIONS ...............................................................11

15.0 SEALING AND MARKING OF BIDS ...............................................................................11

16.0 DEADLINE FOR SUBMISSION OF BIDS......................................................................12

17.0 ALL PAGES TO BE INITIALLED ......................................................................................12

18.0 CORRECTIONS AND ERASURES ....................................................................................12

19.0 LATE BIDS ..............................................................................................................................12

20.0 MODIFICATION AND WITHDRAWAL OF BIDS........................................................13

21.0 CLARIFICATION OF BIDS ................................................................................................13

22.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS...................................................13

23.0 BID EVALUATION CRITERIA ..........................................................................................13

24.0 EVALUATION AND COMPARISON OF PRICES .........................................................14

25.0 CONTACTING OWNER/ EIL.............................................................................................14

26.0 OWNER’S RIGHT TO ACCEPT/ REJECT BIDS ...........................................................14

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 3 of 16 (A-1.4-683801ITB)

27.0 NOTIFICATION OF AWARD.............................................................................................15

28.0 CONTRACT AGREEMENT...................................................................................................15

29.0 SIGNING OF CONTRACT...................................................................................................15

30.0 CONTRACT PERFORMANCE GUARANTEE ..................................................................16

31.0 INSTRUCTIONS TO TENDERERS...................................................................................16

Appendix I to ITB

i) Appendix -I - Bid Evaluation Criteria


ii) Appendix-2 - Methodology for Reverse Auction

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 4 of 16 (A-1.4-683801ITB)

1.0 INTRODUCTION
M/s Indian Strategic Petroleum Reserve Limited (ISPRL) proposes to
construct underground-unlined rock cavern storage for imported crude oil
at Visakhapatnam for 1.0 MMT. M/s Engineers India Limited (EIL) is the
Project Management Consultant for the above works.

The underground storage system shall consist of two caverns. The


caverns shall be U-shaped in plan with an approximate 'D' shaped cross-
section with a horizontal roof level maintained throughout the cavern
length. The product intake shall be located at the end of one leg and the
pump installation located at the end of the other leg. At least one shaft
shall be provided for each storage cavern.

The basic principle of storage in unlined rock caverns is the hydro-


geological confinement. Thus, a water curtain system is provided
consisting of galleries located above the crown of the cavern. Boreholes
are drilled from the water curtain tunnel to intersect the joints of rock
mass. A saturated rock mass and ground water flowing into caverns,
ensures proper sealing of the stored product.

The total work is proposed to be carried out in two parts, Part-A and
Part-B. Part-A, shall consist of civil works for underground rock caverns.
Part-B shall consist of above ground facilities including all shaft and
cavern equipment and mechanical works.

The basic engineering for the underground works is under way to finalise
the cavern layout, cross-sections, underground works and interface
between Part-A and B. Critical items related to the storage principle will
be specified to a detailed level by OWNER sufficient to ensure the
functionality of the system. These will include:

a) Water curtain system above the caverns including testing procedures


b) Barriers in tunnels
c) Shaft layout design including concrete barriers
d) Pump pits in caverns
e) Cavern floor and arrangements to minimise bacterial activities in the
cavern and sludge handling.
f) Test procedures to ensure tightness of concrete barriers and the
complete tightness of the caverns.

Detailed engineering and design, preparation of working procedures and


construction drawings for the underground works shall be carried out by
the contractor.

Indian Strategic Petroleum Reserves Limited (ISPRL) (hereinafter referred


as “OWNER”) has appointed Engineers India Limited (EIL) as Project
Management Consultant (PMC) invites sealed unpriced Bids, for the entire
supplies and work covered under the Bidding Document (hereinafter for
the purpose of these Instructions collectively referred to as the “WORK”).
Completion schedule of the work will be strictly as per Annexure – 1 to

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 5 of 16 (A-1.4-683801ITB)

SCC titled as “Time Schedule”. All bids are to be completed and returned
in accordance with and within the time provided in these Special
Instructions to Bidder. The Price shall be invited through Reverse Auction
basis from the technically and commercially selected bidders.
2.0 COST OF BIDDING
2.1 The bidder shall bear all costs associated with the preparation and
delivery of its bid including costs and expenses related to visits to the
site(s), and the OWNER will in no case be responsible or liable for those
costs regardless of the outcome of the bidding process.
3.0 SITE LOCATION/SITE VISIT
3.1 SITE LOCATION
The proposed site is located under a hill having maximum elevation of
130 m (above MSL) and is located SW of Visakhapatnam city in
Vishakhapatnam district in the state of Andhra Pradesh. The site is
located near Dolphin’s Nose with approximate position being North
17040.8’ and East 830 17.3’ (Refer Figure-1).

3.2 SITE VISIT


3.2.1 The bidder is advised to visit and examine the site of works and its
surroundings and obtain for himself on his own responsibility all
information that may be necessary for preparing the bid and entering into
the Contract. All costs for and associated with site visits shall be borne by
the bidder.
3.2.2 The bidder and any of his personnel or authorised representatives will be
granted permission by the OWNER to enter upon its premises and lands
for the purpose of such inspection, but only upon the explicit condition
that the bidder, its personnel or authorised representative shall be
understood to have released and indemnified the OWNER and its
personnel from and against all liability in respect thereof and will be
responsible for personal injury (whether fatal or otherwise), loss of or
damage to property and any other loss, damage, cost and expenses
incurred as a result of such visit.
3.2.3 Bidder may contact the following persons for site visit purposes :

EIL PROJECT EIL SITE


Mr. S. Malkani Mr N Sitaramaiah,
DGM (Projects) Resident Construction Manager,
Engineers India Limited, EIL, Visakhapatnam
2B, Bhikaiji Cama Place, +91-9949747215
New Delhi-110066
Tel. no. – 011-26194698/
26102121

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 6 of 16 (A-1.4-683801ITB)

4.0 BIDDING DOCUMENTS


4.1 The bidder is expected to examine the bidding documents, including all
instructions, forms, terms, specifications, drawings and other documents
and requirements of the Bidding documents. Failure to furnish all
information required by the Bidding documents or submission of a bid not
substantially responsive to the Bidding documents in every respect may
result in the rejection of the Bid.
5.0 OWNER’S PMC
5.1 EIL is the Project Management Consultant (hereinafter referred to as the
“PMC” of the OWNER) involved in the bidding process and will be
performing various activities in relation to the bidding process and in the
evaluation of bids for and on behalf of the OWNER.
6.0 AMENDMENT OF BIDDING DOCUMENTS
6.1 At any time prior to the deadline for submission of bids as well as up to
priced bid opening, the OWNER/ PMC may, for any reason whether at its
own initiative or in response to a clarification requested by prospective
Bidders, modify the Bidding document by amendment.
6.2 The amendment shall be part of the Bidding documents, and will be
notified in writing or by fax to all prospective bidders who have been
issued the Bidding documents, and shall be binding on them. The Bidders
will be required to acknowledge receipt of any such amendment to the
Bidding documents.
6.3 In order to provide time to prospective Bidders to take into account such
amendment in preparing their bids, OWNER/EIL may, at their discretion,
extend the deadline for the submission of Bids.
7.0 LANGUAGE OF BIDS
7.1 The Bid prepared by the bidder, all correspondence and documents
relating to the bid exchanged by the bidder and the OWNER/EIL, shall be
written in English language only. Any printed literature furnished by the
bidder may be written in another language provided that this literature is
accompanied by an authenticated English translation in which case for
purpose of interpretation of the Bid, the English translation shall govern.
8.0 PREPARATION/ SUBMISSION OF BIDS
8.1 The Bidder is required to make a proposal in a format as outlined below in
order to achieve the objective of maintaining uniform proposal structure
from all bidders:
The offer must be complete in all respects, leaving no scope for
ambiguity. Bidder is fully responsible for the bid submitted and no relief or
consideration can be given for errors and omissions.
The Bid shall be submitted in parts viz. PART- I & II in separate sealed
envelopes:
PART - I : UNPRICED PART
PART - II : BID SECURITY / EARNEST MONEY DEPOSIT
8.2 Techno-commercial/ Unpriced Bid (PART-1) will contain the following
documents in 1 (one) original and 6 (six) copies (i.e. total 7 sets):

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 7 of 16 (A-1.4-683801ITB)

SECTION-I: i) Letter of submission & Synopsis of the proposal.


ii) Bid form as per Proposal FORM-A.
iii) Information about Bidder as per Proposal
FORM-B.
iv) Power of Attorney of Bid Signatory.
v) Form-Q duly filled in signed & stamped.
vi) Declaration as per Proposal FORM – C duly
signed & stamped by the bidder in token of
having received and read all volumes/ sections
of the Bidding Document including Technical
documents and having accepted and considered
the same in preparing and submitting the bid.
SECTION-II: i) Certificate of the bidder that no Indian Agent is
involved for the bidder as per Proposal FORM-L.
ii) Deployment Schedule of construction
equipment, tools & tackles proposed for
execution of works as per Proposal FORM-D
considering minimum construction equipments
as provided in Annexure-4 to Technical Bid
Evaluation Criteria.
iii) Detailed execution Philosophy of work as per
Proposal FORM-E in line with Annexure-1 to
Technical Bid Evaluation Criteria.
iv) Details of proposed organisation along with CV’s
of key personnel for Home and Site Office as
per Proposal FORM-F.
v) Deployment Schedule of Key personnel as per
FORM-G.
vi) Project Schedule in the form of Bar Chart.
SECTION-III: i) Details of concurrent commitments as per
Proposal FORM-H.
ii) Declaration about Bidder’s Income Tax Liability
in India as per Proposal FORM –I.
iii) Financial details as per FORM-J.
iv) PAN for Income Tax (For Indian Bidder only)
v) Fresh Solvency Certificate from your bankers.
Date of issue of this certificate should not be
earlier than 1 year from due date of opening of
Techno-Commercial part.
vi) Partnership Deed in case of partnership firm
and Article of Association in case of limited
company.
vii) Details of Litigation/ Arbitration as per Proposal
FORM-K.

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 8 of 16 (A-1.4-683801ITB)

SECTION-IV: i) Reply to Commercial Questionnaire.


ii) Blank copy of Total Schedule of Prices.
iii) Information required for assessment of
Quantum of Work.
SECTION-V: i) Technical Details/Documents specified under
“Technical Information Required along with Bid”.
SECTION-VI: i) Compliance to Bid Requirement as per Proposal
FORM-M or in case of Deviations (if any) to the
commercial and Technical bid documents as per
proposal FORM-N. Technical deviations
separately for each discipline.
SECTION-VII: i) Any other information required in the Bidding
Documents or considered relevant by the bidder.

SECTION-VIII: i) Table of Contents (Master Index) duly signed


and stamped on each page.

ii) Secrecy Agreement.


SECTION-IX : i) Quality Assurance : A brief description of the
Bidder's QA system and a statement detailed
how QA will be implemented for the Project
SECTION-X : i) Check- List as per Sub-Section A-1.5.

8.2.1 For convenience, the Bid shall be compiled in the form of specific Sections
conforming to the above.
8.3 PART -2 : BID SECURITY / EARNEST MONEY DEPOSIT

8.3.1 Bid Security / Earnest Money shall be submitted as specified in LIB and
elaborated at clause no. 12.0 below.
8.4 Bidder is required to fill in the Bidding Document with due care so as to
avoid any cuttings/ corrections/ alterations in the entries made in the Bid
Documents. In case any corrections are required, the original writings
shall be neatly cut/ penned through and re-written nearby. No
overwriting or erasure of original writings by use of 'white fluid' or
otherwise is permitted. All corrections/cuttings/ alterations shall be
signed in full by the Bidder with date.
8.5 The bid requirements are explicitly stated in the Bidding Documents. The
Bidder is required to study these requirements in details & make a
proposal in an outline as defined above completely meeting these
requirements. The offer must be complete in all respect, leaving no
scope for ambiguity. It is in the interest of the Bidder to submit complete
& comprehensive proposal leaving no scope for OWNER/ EIL to raise or
ask for any further questions or clarifications, with a view that the
proposal may be evaluated only on the basis of what has been submitted
by the bidder in the first instance in order to adhere to a very strict
project schedule.

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 9 of 16 (A-1.4-683801ITB)

8.6 For the purpose of these documents the terms “bid” and “tender”,
“bidding” and “tendering” and other similar expressions are synonymous.

8.7 Also. “Bid Document”, “Tender document” and “Bidding Document” and
other similar expressions are synonymous.

9.0 PRICE BID

9.1 Bidder shall not submit any price bid on the bid due date. The prices shall
be obtained through the process of Reverse Auction. The methodology
and schedule of the auction shall be communicated later.
9.2 The prices quoted in reverse auction shall be based on conditions
specified in General Conditions of Contract, Special Conditions of Contract,
Scope of Work, Scope of Supply, Technical Specifications and other
contents of Bidding Document
9.3 Prices quoted by the bidder in reverse auction, shall remain firm, fixed
and valid until completion of the Contract performance and will not be
subject to variation on any account except as otherwise specifically
provided in the Contract document.
9.4 Alternative bids will not be considered.
9.5 Methodology of Reverse Auction is attached as Appendix-2 to SITB.

10.0 CURRENCIES OF BID & PAYMENT


10.1.1 Currency of Bid
a) Foreign bidders shall quote prices for materials and services to be
imported into India in any freely convertible currency.
b) Foreign bidders shall quote price for materials and services to be
procured from India in Indian Rupees only.
c) Indian bidder shall quote the prices in Indian Rupees only.

10.1.2 The methodology of the exchange rate utilisation in reverse auction shall
be communicated later.

10.2 PAYMENT
10.2.1 Payment shall be made in the currency quoted by the bidder as per above
para 10.1.1. Payment of foreign currency component shall be made
through Letter of Credit (LC) and Indian Rupees component shall be
made through Cheque.
10.3 The bidder shall quote their price gross of Indian Income Tax i.e. quoted
price shall include Indian Income Tax.
10.4 No variation in the Foreign Exchange rate consider by the Bidder shall be
payable by OWNER.
10.5 NON INVOLVEMENT OF INDIAN AGENT
10.5.1 Each bidder along with the bid shall furnish a declaration in Proposal
FORM-L that no Indian Agent is involved in the transaction.

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 10 of 16 (A-1.4-683801ITB)

11.0 PERIOD OF VALIDITY OF BIDS


11.1 Bids shall remain valid for 4 (four) months after the deadline for bid
submission. A bid valid for a shorter period may be rejected by the
OWNER/ EIL as non-responsive.
11.2 Notwithstanding the above, the OWNER/ EIL may solicit the bidder’s
consent to an extension of the period of bid validity. The request and the
responses thereto shall be made in writing (by fax).
11.3 If the bidder agrees to the extension request, the validity of the bid
security shall also be suitably extended.
11.4 A bidder may refuse the request for extension in bid validity without
forfeiting its Bid Security.
11.5 A bidder accepting the request for extension shall not be permitted to
modify its bid because of the extension, unless specifically invited to do
so.
12.0 BID SECURITY/ EARNEST MONEY DEPOSIT
12.1 Each bidder shall, as part of his bid, furnish Bid Security for an amount
indicated in the Letter Inviting Bid. Bids not accompanied by the required
Bid security (including bids enclosing a Bid Security, which is not
according to the format given in the Bidding Document) shall be
considered as non-responsive and shall be rejected.
12.2 The Bid Security shall be valid for 2 (two) months beyond the validity of
the bid (including any extensions thereof) and shall be in the form of a
Bank Guarantee issued by a Scheduled Bank in India or an Indian Branch
of an International Bank) recognised as a Scheduled Bank by Reserve
Bank of India.
12.3 An unsuccessful bidder’s Bid Security will be discharged or returned as
promptly as possible upon award of Contract to the successful bidder. The
successful bidder’s Bid Security will be discharged or returned upon the
bidder executing the Contract, and furnishing the Bank Guarantee
towards Security Deposit as elsewhere specified in the bidding/contract
documents.
12.4 The Bid Security may be forfeited :
(a) If a bidder withdraws his bid during the period of Bid validity specified
by the bidder in the Bid Form.
OR
(b) If a bidder, on his own, modifies his bid during the period of bid
validity.
OR
(c) In case of a successful bidder, if the bidder fails, within the specified
period:
(i) To sign the Contract
And
(ii) To furnish the Bank Guarantee towards Security Deposit/
performance Bank Guarantee.

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 11 of 16 (A-1.4-683801ITB)

12.5 The Bank Guarantee by way of bid security shall be correspondingly


extended if the validity of the bid is extended.
12.6 Each page of the Bank Guarantee must be stamped & signed by the
authorized signatory(ies) of the Bank. Corrections, if any, must also be
initialled by the authorized signatory(ies) of the Bank. The Bank is
required to send a copy of the Bank Guarantee(s) in confirmation directly
at the address given in the SITB in Clause 15.1.
13.0 FORMAT AND SIGNING OF BID
13.1 The original Bid Form together with the Appendix and accompanying
documents, clearly marked “Original”, plus 6 (Six) copies, must be
received by the PMC by the date, time and place specified. In the event of
any discrepancy between the original and the copies, the original shall
govern.
13.2 The original and all copies of the bid shall be typed or written in indelible
ink and shall be signed by the bidder or a person or persons duly
authorised to sign on behalf of the bidder. Such authorization shall be
indicated by written power of attorney accompanying the bid. All pages
of the bid, except for unamended printed literature, shall be initialled by
the person signing the bid. The name and position held by each person
signing must be typed or printed below the signature.
13.3 The bid shall contain no interlineations, erasures or overwriting except as
necessary to correct errors made by the bidder, in which case such
corrections shall be initialled by the person or persons signing the bid.
14.0 BIDDING DOCUMENTS AND DEVIATIONS
14.1 One complete set of Bidding Document shall be issued to the Bidders.
Bidders shall retain this set for their reference. However they should
confirm compliance to Proposal FORM-C.
14.2 Bidders should note that in view of the prebid queries having been
clarified/responded to, it is expected of them to submit bids based strictly
on the terms and conditions and specifications contained in the bidding
documents and not to stipulate any deviations. Should it, however,
become unavoidable, deviations should be separately and specifically
stipulated only in the prescribed Proposal FORM-N. OWNER/EIL reserves
the right to reject as non-responsive any bid containing major deviations.
15.0 SEALING AND MARKING OF BIDS
15.1 The bidder shall seal the original and each copy of the PART-I of bid in an
inner and outer envelope duly marking the envelopes “Original” and
“Copy”. The inner and outer envelop shall:
a) Be addressed to the EIL, at the following address:-
ENGINEERS INDIA LTD.
Dak Receipt Section, LG floor
EI Annexue, 2nd Floor
2B, Bhikaiji Cama Place, R.K. Puram
New Delhi-110066.
Attn: Mr. R.K.Sabharwal, Asst. General Manager (C&P).

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 12 of 16 (A-1.4-683801ITB)

b) PART–2 of the bid shall be sealed separately in an inner and outer


envelop and will be addressed and sent to EIL, at the address
given at 15.1 a) above.
c) Both the parts will bear the name of works “(the project name)”,
the Bidding document No., Contractor’s name and address and the
words “DO NOT OPEN BEFORE (date and time of opening of bids
as indicated in Invitation for Bids). The date and time of
submission for both the parts shall be same as mentioned in the
Letter Inviting Bid.
Part I -Technical and Unpriced Commercial Bid/
Or
Part-II - Bid Security/ Earnest Money Deposit
Forwarded To: Asst. General Manager (C&P)
Name of Work: ________________________________
Bidding Document No.:_________________________
Due date & Time of Opening: ____________________
From: [Name & Address of Bidder]______________
15.2 In addition to above, the outer envelope for both the parts shall indicate
the name and address of the bidder to enable the bid to be returned
unopened in case it is declared to have been received “Late”.
16.0 DEADLINE FOR SUBMISSION OF BIDS
16.1 The Original bid, together with required copies must be received by the
PMC on or before the date, time and venue as specified in the Letter
Inviting Bid.
16.2 The OWNER/EIL may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding documents, in which case all
rights and obligations of the OWNER/EIL and bidders previously subject
to the deadline, will thereafter be subject to the deadline as extended.
17.0 ALL PAGES TO BE INITIALLED
17.1 All signatures in bids shall be dated and shall bear a seal of the bidder. In
addition, all pages of the bids shall be initialled at lower right hand corner
by the Bidder or by a person holding a Power of Attorney authorising him
to sign on behalf of the bidder before the submission of bids.
17.2 The Bidder shall sign and affix its seal on all pages of the Priced bid.
18.0 CORRECTIONS AND ERASURES
18.1 All corrections and alterations in the bid shall be signed in full by the
bidder with date. No erasures or overwriting and application of white
fluid are permissible.
19.0 LATE BIDS
19.1 Any bid received by EIL after the deadline for submission of the bids
(including any extension(s) hereof) will be declared “Late” and shall be
rejected and returned unopened to the bidder.

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 13 of 16 (A-1.4-683801ITB)

20.0 MODIFICATION AND WITHDRAWAL OF BIDS


20.1 The bidder may modify or withdraw its bid after the bid’s submission,
provided that written notice of the modification or withdrawal is received
by the PMC prior to the deadline prescribed for submission of bids.
20.2 The bidder’s modification or withdrawal notice shall be prepared, sealed,
marked and despatched in accordance with the provisions of procedure
for submission of bids.
20.3 A bid may not be withdrawn or modified after the deadline for submission
of bids during the period of bid validity without forfeiting the bid security
unless the modification shall be made upon an invitation by the OWNER/
EIL permitting the bidder to modify the bid.
20.4 If a bid is properly modified within the foregoing provisions, the bid as
modified shall constitute the bid offer.
21.0 CLARIFICATION OF BIDS
21.1 To assist in the examination, evaluation and comparison of bids, the
OWNER/EIL may, at its discretion, ask the bidder for a clarification of its
bid. All responses to a request for clarification shall be in writing, and no
change in the price or substance of the bid shall be permitted unless
specifically sought by OWNER/EIL
22.0 TECHNO-COMMERCIAL EXAMINATION OF BIDS
22.1 EIL will examine the bids to determine whether they are complete,
whether required bid securities have been furnished, whether the
documents have been properly signed, and whether the bids are generally
in order.
22.2 The OWNER/ EIL will determine to its/their subjective satisfaction
whether the bidder has submitted a responsive bid and is qualified to
perform satisfactorily the work, and such determination shall not be open
to question.
22.3 The determination will also take into account the bidder’s financial and
technical capabilities, as well as such other qualifications as the
Owner/EIL deem necessary and appropriate.
23.0 BID EVALUATION CRITERIA
23.1 Prior to detailed bid evaluation, the EIL/OWNER will determine the
substantial responsiveness of each bid with respect to the bidding
documents. A substantially responsive bid is one, which conforms to the
terms, conditions and specification of the Bidding Documents without
material deviation. A material deviation is one which affects in any
substantial way the scope, quality or performance of the works, or which
limits in any substantial way, inconsistent with the bidding documents,
the OWNER’s rights or the bidder’s obligations as envisaged in the bidding
documents, and the rectification of which deviation or reservation would
affect unfairly the competitive position of other bidders presenting
substantially responsive bids. Further examination of only such bids as
are determined to be substantially responsive shall be taken up, unless
otherwise determined by the OWNER.
23.2 TECHNICAL BID EVALUATION CRITERIA

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 14 of 16 (A-1.4-683801ITB)

Bid submitted by the Bidder shall be evaluated technically for his


technical competence and his selection as per Document No. 6838-00-
16-56-BEC-01 Rev. No. 0 attached as APPENDIX-1 to Special
Instructions to Bidders.
23.3 The following provisions of the bidding document must be adhered to
without deviations, failing which the bid shall be considered to be non-
responsive and rejected.
a) Bid Security
b) Bid Validity
c) Security Deposit
d) Force Majeure
e) Performance Bank Guarantee
f) Cancellation/ Termination of Contract
g) Price Adjustment/ Price Reduction for delay in completion
h) Defect Liability / Guarantee Period
i) Time Schedule
j) Scope of Work / Supplies
k) Proforma of all Bank Guarantees
l) Arbitration
24.0 EVALUATION AND COMPARISON OF PRICES
24.1 OWNER/EIL shall allow purchase preference to Indian Central
Government Public Sector Undertaking/ Enterprises as admissible under
the existing policies of Government of India.
24.2 No suo-moto reduction in price(s) by bidders is permissible after the
closing of reverse auction.
24.3 Conditional discount, if offered by Bidder, shall not be considered for
evaluation.
25.0 CONTACTING OWNER/ EIL
25.1 No bidder shall contact the OWNER/ EIL on any matter relating to its bid
from the time of bid opening to the time, which the Contract is awarded,
unless requested to do in writing. Any effort by a bidder to influence the
OWNER/ EIL in the OWNER’s decisions in respect of bid evaluation or
Contract award will result in the rejection of that bidder’s bid.
26.0 OWNER’S RIGHT TO ACCEPT/ REJECT BIDS
26.1 The OWNER reserves the right to accept or reject any bid and to annul
the bidding process and reject all bids at any time prior to award of
Contract without thereby incurring any liability to the affected bidder(s) or
any obligation to inform the affected bidder(s) of the ground of OWNER’S
action.
26.2 It is observed that many bidders indulge in trading in contracts by
entering into undisclosed back-to-back arrangements for the whole or a
substantial portion of a contractor’s obligations under the contract.

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 15 of 16 (A-1.4-683801ITB)

Consequently, if a bidder proposes to enter into any such arrangements


upon a successful award of work or has in place any such arrangement
which will become operative upon the award of work, the bidder must
make a complete disclosure of such arrangement or proposed
arrangement in its proposal, and all provisions applicable to sub-
contractor(s) in terms of bidding documents shall apply to such
arrangements.
26.3 If the existence of such an undisclosed arrangement is reasonably
apprehended by the OWNER/ EIL in the case of a bidder, the OWNER
may reject such bidder’s bid as not responsive.
26.4 If such an undisclosed arrangement is discovered after the award of
work, such arrangement(s) shall be deemed to constitute an assignment
of contract and a ground of termination pursuant to the provisions of
termination under the General Conditions of Contract.
26.5 The OWNER will not be obliged to award the contract to the lowest
evaluated bidder if the OWNER apprehends that it will not be in the
interest of the OWNER or the work to award the contract at the lowest
evaluated price or to the lowest evaluated bidder.
27.0 NOTIFICATION OF AWARD
27.1 The OWNER will notify the successful bidder in writing by letter and/or by
Fax of Acceptance that its bid has been accepted. The Acceptance of Bid
will constitute the formation of Contract.
28.0 CONTRACT AGREEMENT
28.1 Contract documents for agreement shall be prepared after the notification
of Acceptance of Bid. Until the formal Contract is signed, the bidding
documents and Addendum(a) and any modifications thereto and/or there
from agreed upon by the OWNER read with the bidder’s final bid shall be
considered as contract.
28.2 The Contract document thus shall consist of the following:
a) Original Bidding documents issued with its enclosures, drawings
etc.
b) Addendum/Corrigendum/Amendment to Bidding Documents
issued, if any.
c) The notification of Acceptance of bid.
d) The Detailed Letter of Acceptance including accepted price-
schedule.
28.3 Any deviations or stipulations made and accepted by the OWNER after
acceptance of the bid shall be treated as amendment(s) to the Contract
and shall be governed by the conditions relating to amendment of
contract.
29.0 SIGNING OF CONTRACT
29.1 The Contractor shall execute a formal contract with the OWNER in the
Form of Contract forming part of the bidding documents within 15
(Fifteen) days from the date of issue of Detailed Letter of Acceptance on

Engineers India Limited


New Delhi
Indian Strategic Petroleum Reserves Ltd. Part-A (Section-A-1.4)
Strategic Storage of Crude Oil Project Special Instructions to Bidders
Civil Works for Underground Rock Caverns (Part-A) Sheet 16 of 16 (A-1.4-683801ITB)

a non-judicial stamp paper of New Delhi (India) and of appropriate value.


The cost of non-judicial stamp paper shall be borne by the Contractor.
30.0 CONTRACT PERFORMANCE GUARANTEE
30.1 Within 30 (Thirty) days from the date of Notification of Award of work by
the OWNER, the successful bidder shall furnish a performance guarantee
for an amount equal to 10% (Ten percent) of the Estimated Contract
Price in the form of a Bank Guarantee(s) issued by a Scheduled Bank in
India (which includes the Indian Branch of a foreign bank).
31.0 INSTRUCTIONS TO TENDERERS
31.1 COMPLIANCE TO INSTRUCTIONS TO TENDERERS
31.1.1 Following clauses of Instructions to Tenderers given in General Conditions
of Contract shall also be complied :
4.18, 4.20, 4.21, 4.22, 4.23, 8.0, 9.0, 10.0, 11.0 and 12.0.

31.1.2 The price of Tender Documents as mentioned in Sl. No. 3.0 of Instructions
to Tenderers at page no. 92 of G.C.C. shall not be filled by the Bidder.

Engineers India Limited


New Delhi

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