KG Basin Project
D.NO.11-4-7, Nookalamma Temple Street Ramarao Peta, KAKINADA
Andhra Pradesh-533004, INDIA
Phone (O) 0884-2302176
GLOBAL NOTICE INVITING TENDERS
IFB No. CEG3404P20 FOR HIRING OF SERVICES FOR 2D & 3D SEISMIC DATA ACQUISITION AND PROCESSING OF 8,400 LKM & 1,020 SQ.KM IN ANDAMAN SHALLOW WATERS & KERALA-KONKAN SHALLOW WATERS WITH PROVISION FOR +/- 20% QUANTITY TOLERANCE UNDER QCBS (QUALITY & COST BASED SELECTION) TENDERING PROCESS
1.0 OIL INDIA LIMITED (OIL), a “Navaratna” Category, Government of India Enterprise, is a premier oil Company engaged in exploration, production and transportation of crude oil & natural gas with its Headquarters at Duliajan, Assam. Oil India Limited (OIL)’s Project office located at Kakinada is presently entrusted to coordinate activities related to exploration and production of oil and natural gas from the Krishna Godavari onland and offshore, Mahanadi onland, Andaman offshore and Kerala-Konkan offshore basins in India. The Project Office of OIL at Kakinada is well connected by road, rail and air. OIL has been awarded the 3 offshore exploration blocks in Andaman and Kerala & Konkan Basins during the recently concluded OALP II & III rounds.
2.0 In connection with its exploration initiatives in newly awarded OALP Blocks in offshore basins, OIL invites International Competitive Bids (ICB) from competent and experienced contractors through OIL’s e-procurement site for Hiring of Services for 2D & 3D Seismic Data Acquisition and Processing of 8,400 LKM & 1,020 sq.km. respectively with a provision for +/- 20 % quantity tolerance limit in OIL’S OALP areas of Andaman Basin and Kerala-Konkan Basin for a period of TWELVE (12) months (including monsoon break). One complete set of Bid Document covering OIL's IFB for hiring of above services is uploaded in OIL’s e-procurement portal. Eligible and interested parties are invited to submit their most competitive bid on or before the scheduled bid closing date and time through OIL’s e-procurement portal. For ready reference of prospective bidders, few salient points of the IFB (covered in detail in the Bid Document) are highlighted below:
IFB No./ Tender No.
a. Type of IFB
Single Stage Two Bid System
b. Bid Closing Date & Time
As mentioned in Online e-tender portal
c. Bid (Technical) Opening Date &
As mentioned in Online e-tender portal
d. Priced Bid Opening Date &
Will be intimated to the eligible Bidders nearer
e. Bid Submission Mode
Bid to be uploaded online in OIL’s e-
f. Bid Opening Place
Office of the Chief General Manager(KGB&BEP), Oil India Ltd., KG Basin Project
D.NO.11-4-7 Nookalamma Temple Road Ramarao Peta, Kakinada, Andhra Pradesh-
g. Bid Validity
120 days from Bid Closing date
h. Mobilization Time
i. Bid Security Amount
INR 1,89,00,000.00 or US$ 2,67,550.00
j. Bid Security Validity
150 days from bid closing date
k. Amount of Performance
10% of estimated contract value
l. Validity of Performance
Upto 3 months from date of completion of
m. Duration of the Contract
Acquisition and Processing of 2D & 3D seismic data as per tendered volume to be completed within Twelve (12) months (including monsoon period as applicable for acquisition) from the date of commencement of contract with early
n. Quantum of Liquidated
Damage for Default in Timely Mobilisation/ Completion
Refer clause No. 17.0 of General Conditions of Contract (Part-3, Section–I)
o. Bids to be addressed to
Chief General Manager (KGB&BEP), Oil India Ltd.,
KG Basin Project
D.NO.11-4-7, Nookalamma Temple Road Ramarao Peta, Kakinada
Andhra Pradesh-533004, India
p. Pre-Bid Conference Date and
9th January 2020 at 10:00 hrs (IST) at OIL’s
Project Office in Kakinada
q. Last Date of receipt of Queries
8th January 2020 up to 17:30 Hrs (IST)
r. Integrity Pact
Must be digitally signed and uploaded along with
s. Tender fee
3.0 Pre-Bid Conference: A Pre-Bid conference is scheduled on January 9th , 2020 at 10:00 hrs (IST) in OIL’s KG Basin Project Office at D.No. 11-4-7 Nookalamma Temple Road, Ramarao Peta, Kakinada, Andhra Pradesh-533004, India. to explain the requirements of Company in details to the interested prospective Bidders and to understand bidders’ perspective including exchange of views/clarifications, if any, on the Scope of Work, Bid Rejection/Bid Evaluation Criteria and other terms & conditions of the Tender. Foreign bidder may also request OIL for an invitation letter, if required, for the purpose of visa for attending the conference. At the most 2 (two) representatives from each prospective bidder shall be allowed to participate in the Pre-Bid conference. All costs for attending the Pre-Bid conference shall be to prospective bidders’ account.
4.0 Integrity Pact: The Integrity Pact must be uploaded in OIL’s e-procurement portal along with the Technical Bid digitally signed by the same signatory who signed the Bid i.e. who is duly authorized to sign the Bid. If any Bidder refuses to sign Integrity Pact or declines to submit the Integrity Pact, their bid shall be rejected straightway. Uploading the Integrity Pact with digital signature will be construed that all pages of the Integrity Pact has been signed by the Bidder’s authorized signatory who signs the Bid.
5.0 GUIDELINES FOR PARTICIPATING IN OIL’S E-PROCUREMENT:
5.1 To participate in OIL’s e-procurement tender, bidders should have a legally valid digital certificate of Class 3 with Organizations Name and Encryption certificate as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India (http://www.cca.gov.in). Digital Signature Certificates having “Organization Name” field as “Personal” are not acceptable.
5.1.1 Digital Signature Certificate comes in a pair of Signing/Verification and Encryption/Decryption certificate. Bidder should have both the Signing/Verification and Encryption/Decryption certificate for Signing and encryption, decryption purpose respectively. The driver needs to be installed once, without which the DSC will not be recognized. While participating on e-tendering the DSC token should be connected to your system.
5.1.2 Encryption certificate is mandatorily required for submission of bid. In case bidder created response with one certificate (using encryption key) and bidder change his Digital Signature Certificate then old certificate [Used for encryption] is required in order to decrypt his encrypted response for getting the EDIT mode of the response. Once decryption is done, bidder may use new DSC certificate for uploading and submission of their offer. It is the sole responsibility of the bidder to keep their DSC certificate properly. In case of loss of the certificate, OIL is not responsible.
5.1.3 The authenticity of above digital signature shall be verified through authorized CA after Bid opening. If the digital signature used for signing is not of “Class-3” with Organizations name, the Bid will be rejected. Bidder is responsible for ensuring the validity of digital signature and its proper usage by their employee. The bid including all uploaded documents shall be digitally signed by duly authorized representative of the bidding company.
5.2 For participation, applicants already having User ID & Password for OIL’s e- procurement Portal need to register against the IFB. New vendors/existing vendors not having User ID & Password for OIL’s e-procurement Portal shall obtain User ID & password through online vendor enlistment system in E-Portal.
5.3 Bidders without having E-tender Login ID and Password should complete their online registration at least seven (7) days prior to the scheduled Bid closing date and time of the tender. For online registration, Bidder may visit the OIL’s E-tender site https://etender.srm.oilindia.in/irj/portal
5.4 Necessary Login ID& Password will be issued by OIL only after submitting the complete online registration by the Bidder. In the event of late registration/incomplete registration by Bidder, OIL shall not be responsible for late allotment of User ID &
Password and request for Bid closing date extension on that plea shall not be entertained by Company.
5.5 MSEs Units (manufacturers/Service Providers only and not their dealers/distributors) who are already registered with District Industry Centers or Khadi & Village Industries Commission or Khadi & Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts & Handloom or any other body specified by Ministry of MSME are exempted from payment of Bid Security (EMD) irrespective of monetary limit mentioned in their registration, provided they are registered for the item they intend to quote/participate.
5.6 Parties, who do not have a User ID, can click on Guest login button in the OIL’s Bid portal to view the available open tenders. The detailed guidelines are available in OIL’s Bid procurement site (Help Documentation). For any clarification in this regard, Bidders may contact e-tender support cell at Duliajan at firstname.lastname@example.org, Ph.: +91-374-2804903/+91 -374-2807178/7192/7171.
5.7 TENDER FEE: Not Applicable. No Tender Fee is required to be paid. All interested parties can obtain Tender free of cost and participate.
5.8 Details of process for submission of Bid Security (EMD) through the online payment gateway are available in Vendor User Manual under e-procurement Portal. (Note: Important Points for online Payment can be viewed at Oil India's website at URL http://oil-india.com/pdf/ETenderNotification.pdf).
5.9 The link to OIL’s e-procurement Portal has been provided through OIL’s web site (www.oil-india.com).
6.0 QUERIES/CLARIFICATIONS ON THE TENDER:
6.1 The prospective Bidders shall submit their queries/clarifications against the tender through e-mail / Fax /Courier addressed to Chief General Manager (KGB&BEP), OIL INDIA LIMITED, KG Basin Project Office at D.No. 11-4-7 Nookalamma Temple Road, Ramarao Peta, Kakinada, Andhra Pradesh-533004, India and such queries must reach OIL’s KG Basin Project office at Kakinada latest by January 8th, 2020. OIL shall provide clarifications on the date of Pre-Bid conference to only those queries received within this date. Replies will also be uploaded in OIL’s e-tender portal. Queries / Clarifications against the tender received after 08.01.2020 will not be entertained and replied. OIL will not be responsible for non-receipt or late receipt of any Bidder’s query in OIL’s office. A soft copy of the queries in the word file shall also be submitted by the parties.
6.2 Clarifications/exceptions/deviations, if required any, should be brought out by the bidder prior to or during the Pre-Bid Conference only. After processing these suggestions, as a sequel to the Pre-Bid conference, Company may communicate the changes in this regard, if agreed any, through an addendum to tender document to the prospective bidders. Company will not accept any exception/deviation to tender conditions/specifications once the same are frozen after the Pre-Bid conference and the non-compliant Bid (s) shall be rejected outright against this tender.
7.0 IMPORTANT NOTES:
7.1 Bidders shall take note of the following important points while participating in OIL’s e-procurement tender:
i) The Bid along with all supporting documents must be submitted through OIL’s e-procurement site only except the following documents which shall be submitted manually by the Bidder in two copies in a sealed envelope super- scribed with OIL’s IFB No., Bid Closing date and marked as “Original Bid Security” and addressed to Chief General Manager (KGB&BEP), OIL INDIA LIMITED, KG Basin Project Office at D.No. 11-4-7 Nookalamma Temple Road,
Ramarao Peta, Kakinada, Andhra Pradesh-533004, India
a) Original Bid Security
b) Printed catalogue and Literature, if called for in the tender.
c) Power of Attorney for signing the Bid.
d) Any other document required to be submitted in original as per tender requirement.
The above documents including the Original Bid security, must be received at OIL’s office of Chief General Manager (KGB&BEP) at Kakinada on or before
11.00 Hrs (IST) on the Bid Closing date failing which the Bid shall be rejected. A scanned copy of the Bid Security shall also be uploaded by the Bidder along with their Technical Bid in OIL’s e-procurement site.
ii) Bid should be submitted online in OIL’s e-procurement site before 11.00 AM (IST) (Server Time) of the Bid closing date as mentioned and will be opened on the same day at 3.00 PM (IST) at the office of the Chief General Manager (KGB&BEP) in presence of the authorized representatives of the Bidders.
iii) If the digital signature used for signing is not of “Class -3” with Organizations name, the Bid will be rejected.
iv) The tender is invited under SINGLE STAGE-TWO BID SYSTEM (QCBS). The Bidders shall submit both the “TECHNICAL” and “PRICED” bids through electronic form in the OIL’s e-procurement portal within the Bid Closing Date and Time stipulated in the e-tender. The Technical Bid should be submitted as per Scope of Work & Technical Specifications along with all technical documents related to the tender and uploaded under “Technical Attachment” Tab only. Bidders to note that no price details should be uploaded in “Technical Attachment” Tab Page. Details of prices as per Price Bid format/Priced Bid can be uploaded as Attachment just below the “Tendering Text” in the attachment option under “Notes & Attachments” tab. A screen shot in this regard is given in the “Instruction to Bidder for Submission” file for guidance. Offer not complying with above submission procedure will be rejected as per Bid Evaluation Criteria mentioned in Part-2, (III)- Commercial Criteria.
Please do refer “NEW INSTRUCTION TO BIDDER FOR SUBMISSION” for the above two points and also please refer “New Vendor Manual (effective 12.04.2017)” available in the login Page of the OIL’s E-tender Portal. A screen shot in this regard is shown below. Offer not complying with above submission procedure will be rejected as per Bid Rejection Criteria
On “EDIT” Mode, Bidders are advised to upload “Technical Bid” and “Priced Bid” in the respective places as indicated above:
* The “Technical Bid” shall contain all techno-commercial details except the prices.
** The “Priced Bid” must contain the price schedule and the bidder’s commercial terms and conditions, if any. For uploading Priced Bid, click on Add Attachment, a browser window will open, select the file from the PC and name the file under Description, Assigned to General Data and click on OK to digitally sign and upload the File. Please click on Save Button of the Response to Save the uploaded files.
v) For convenience of the Bidders and to improve transparency, the rates/costs quoted by bidders against the e-tender shall be available for online viewing to all the Techno- commercially qualified Bidders against the tender after price bids are opened in the system. For tenders where Detailed Price Information under “RFx” Information Tab is “No price“, the Price Bid is invited against the tender through attachment form under “Notes & Attachment”. As per the existing process, Bidders must upload their pricing as per the “Price Bid ” – Proforma-B under “Notes & Attachment” and additionally to fill up the online field “Total Bid Value” under Tab Page “RFx Information” with the Total Cost (Including the GST component) as per the amount of the Price Bid in attachment form.
The “Total Bid Value” as entered by the Bidder in the online response shall be displayed in the e-tender portal amongst the techno-commercially qualified bidders and Company will not take any responsibility whatsoever towards incorrect information furnished by the bidders on the “Total Bid Value” field.
It is to be noted that Amount mentioned in the “Total Bid Value” field will not be considered for Bid evaluation and evaluation will be purely based on the Price Bid submitted as per the Proforma-B.
vi) BACKING OUT BY BIDDER: In case any Bidder withdraws their Bid within the Bid validity period, Bid Security will be forfeited and the party
will be put on Holiday as per the Banning Policy (available in OIL’s website) of Company.
vii) BACKING OUT BY L-1 BIDDER AFTER ISSUE OF LOA: In case LOA issued is not accepted by the L1 bidder or the Performance Security is not submitted as per the terms of the contract within the time specified in the Bid Document, the Bid Security shall be forfeited and the Bidder shall be dealt as per the Banning Policy (available in OIL’s website) of Company.
viii) FURNISHING FRAUDULENT INFORMATION/DOCUMENT: The information and documents furnished by the bidder/ contractor in respect of the subject tender/contract are accepted to be true and genuine. However, if it is detected during technical scrutiny or after award of the contract or after expiry of the contract, that the bidder had submitted any fake/fraudulent document or furnished false statement, the offer/contract shall be rejected/ cancelled, as the case may be and the bidder (if fake document/false statement pertains to such bidder) shall be dealt as per the Banning Policy (available in OIL’s website) of Company. Undertaking of authenticity of information/documents submitted as per Annexure-C should be submitted along with the technical bids.
ix) ERRING / DEFAULTING AGENCIES: Erring and defaulting agencies like bidder, contractor, supplier, vendor, service provider will be dealt as per OIL’s Banning Policy dated 6th January, 2017 available in OIL’s website: www.oil-india.com.
8.0 OIL now looks forward to your active participation in the IFB.
OIL INDIA LIMITED
(D Mishra) Sr. Officer (C&P)
for General Manager (C&P) for Chief General Manager (KGB&BEP)
PART - 1 INSTRUCTIONS TO BIDDERS
1.0 Bidder shall bear all costs associated with the preparation and submission of Bid. Oil India Limited, hereinafter referred to as Company, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
1.1 Bidders are advised to have a thorough understanding of the area, fair weather slot, weather conditions, working culture in the coastal area, socio- political environment, security aspects and law of the land, prior to submitting their bids. This will also help them to judiciously select proper inputs for successful execution of the project. However, all such related expenses shall be to bidder’s account. The bidders shall be deemed, prior to submitting their bids, to have satisfied themselves all the above aspects and obtain for themselves all necessary information as to the risks, contingencies and all other circumstances, which may influence or affect the various obligations under the Contract.
A. BID DOCUMENTS
2.0 The services required, bidding procedures and contract terms are prescribed in the Bid Document. This Bid Document includes the following:
(a) A Forwarding Letter highlighting the following points:
(i) Company’s IFB No. & Type
(ii) Bid closing date and time
(iii) Bid opening date and time
(iv) Bid submission Mode
(v) Bid opening place
(vi) Bid validity, Mobilisation time & Duration of contract
(vii) The amount of Bid Security with validity
(viii) The amount of Performance Guarantee with validity
(ix) Quantum of liquidated damages for default in timely mobilization
(b) Instructions to Bidders (Part-1)
(c) Bid Evaluation Criteria (Part-2)
(d) General Conditions of Contract (Part-3, Section-I)
(e) Scope of Work/Terms of Reference/Technical Specification (Part-3, Section-II)
i) Appendix-A: Specifications of 2D & 3D seismic data acquisition
ii) Appendix A2: Seismic Data Processing
iii) Appendix A3: HSE Exhibit
iv) Appendix B: Technical details of equipment/ personnel/ experience in Data acquisition
v) Appendix C: General Information (to be submitted in respect of each vessel)
vi) Appendix D: Form RSEE (to be submitted after award of contract)
vii) Appendix E: Block Maps of Sector I and Sector II
viii) Appendix F(i): Daily Progress Report (3D Seismic Data Acquisition)
ix) Appendix F(ii): Daily Progress Report (2D Seismic Data Acquisition)
x) Appendix G(i): Consolidated Daily Reports (3D Seismic data acquisition) for the month
xi) Appendix G(ii): Consolidated Daily Reports (2D Seismic data acquisition) for the month
xii) Appendix H: Deliverables (2D/3D seismic data acquisition)
xiii) Appendix I: Vessel Acceptance certificate
xiv) Appendix J(i): Completion certificate (3D Seismic data acquisition)
xv) Appendix J(ii): Completion certificate (2D Seismic data acquisition)
xvi) Appendix K: Demobilization Certificate
xvii) Appendix L: Format for Bathymetric Data
xviii) Appendix M: Format for Meteorological Data
xix) Appendix N: Data Load Sheet
xx) Appendix O: Confidentiality Agreement
(f) Special Conditions of Contract (Part-3, Section-III)
(g) Schedule of Services / Schedule of Rates (Part-3, Section-IV)
(h) Estimated CIF value of items at the time of import (Proforma-A)
(i) Price Bid Format (Proforma-B)
(j) Bid Form (Proforma-C)
(k) Statement of Compliance (Proforma-D)
(l) Bid Security Form (Proforma-E)
(m) Performance Security Form (Proforma-F)
(n) Contract Form (Proforma-G)
(o) Proforma of Letter of Authority (Proforma-H)
(p) Authorisation for Attending Bid Opening (Proforma-I)
(q) Performance Security Form for Ultimate Parent/Supporting Company (Proforma – J)
(r) Integrity Pact (Annexure-A)
(s) Format for Certificate of Annual turnover & Net Worth (Annexure– B)
(t) Undertaking of authenticity of information/documents submitted (Annexure-C)
(u) Format of Agreement between Bidder and Parent/100% owned Subsidiary Company (Attachment – I)
(v) Parent Company/Subsidiary Company Guarantee (Attachment – II)
(w) Format of Agreement between Bidder and Sister Subsidiary/Co-subsidiary Company and the Ultimate Parent/Holding Company of both the Bidder and Sister Subsidiary / Co-Subsidiary (Attachment –III)
(x) Parent/Ultimate Parent/Holding Company’s corporate guarantee towards financial standing (Attachment-IV)
2.1 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents. Failure to furnish all information required in the Bid Documents or submission of a Bid not substantially responsive to the Bid Documents in every respect will be at the Bidder's risk & responsibility and may result in the rejection of its Bid.
3.0 TRANSFERABILITY OF BID DOCUMENTS
3.1 Bid Documents are non-transferable. Bid can be submitted only in the name of the Bidder in whose name the Bid Document has been issued.
3.2 Unsolicited bids will not be considered and will be rejected straightway.
4.0 AMENDMENT OF BID DOCUMENTS
4.1 At any time prior to the deadline for submission of bids, the Company may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bid Documents through issuance of an Addendum.
4.2 The Addendum will be uploaded in OIL’s e-tender Portal in the “Technical RFx Response” under the tab “Amendments to Tender Documents”. The Company may, at its discretion, extend the deadline for Bid submission, if the Bidders are expected to require additional time in which to take the Addendum into account in preparation of their Bid or for any other reason. Bidders are to check from time to time the e- tender portal [“Technical RFx Response” under the tab “Amendments to Tender Documents”] for any amendments to the Bid documents before submission of their bids. No separate intimation shall be sent to the Bidders.
B. PREPARATION OF BIDS
5.0 LANGUAGE OF BIDS: The Bid as well as all correspondence and documents relating to the Bid exchanged between the Bidder and the Company shall be in English language, except that any printed literature may be in another language provided it is accompanied by an official and notarised English translated version, which shall govern for the purpose of Bid interpretation.
5.1 BIDDER’S/AGENT’S NAME & ADDRESS
Bidders should indicate in bids their detailed postal address including the Fax/Telephone /Cell Phone Nos. and e-mail address. Similar information should also be provided in respect of their authorised Agents in India, if any.
6.0 DOCUMENTS COMPRISING THE BID
Bids are invited under Single Stage Two Bid System. The Bid to be uploaded by the Bidder in OIL’s e-tender portal shall comprise of the following components:
(A) TECHNICAL BID
(i) Complete technical details of the services & equipment specifications with catalogue, etc.
(ii) Documentary evidence established in accordance with Clause 10.0 hereunder.
(iii) Bid Security (scanned) in accordance with Clause 11.0 hereunder. Original Bid Security should be sent as per Clause No. 11.14 hereunder.
(iv) Copy of Bid-Form without indicating prices in Proforma-C
(v) Statement of Compliance as per Proforma–D
(vi) Proforma-A: List of items to be imported without the CIF values.
(vii) Copy of Priced Bid without indicating prices (Proforma-B)
(viii) Integrity Pact digitally signed by OIL’s competent personnel as Annexure-A, attached with the Bid document to be digitally signed by the Bidder.
(ix) Undertaking of authenticity of information/documents submitted (Annexure-C)
(x) Technical details of Equipment/Personnel/Experience in Data Acquisition as per Appendix-B
(xi) General Information of each Vessel as per Appendix-C
Note: Please note that, price should not be mentioned in the “Technical Attachments” tab.
(B) PRICED BID
Bidder shall quote their prices in the following Proforma available in OIL’s e- procurement portal in the “Notes & Attachments” Tab:
(i) Price-Bid Format as per Proforma-B
(ii) Bid Form as per Proforma-C
(iii) Proforma-A showing the items to be imported with the CIF values.
The Priced Bid shall contain the prices along with the currency quoted and any other commercial information pertaining to the service offered.
7.0 BID FORM
The Bidder shall complete the Bid Form and the appropriate Price Schedule furnished in their Bid.
8.0 BID PRICE
8.1 Prices must be quoted by the Bidders online as per the price Bid format available in OIL’s e-tender Portal in “Notes & Attachment” Tab. Unit prices must be quoted by the Bidders, both in words and in figures.
8.2 Prices quoted by the successful Bidder must remain firm during its performance of the Contract and is not subject to variation on any account.
8.3 All duties (except basic customs duty which will be borne by the Company) and taxes including Corporate Income Tax, Personal Tax, Octroi/Entry Tax other Cess/levies etc. except Goods and Service Tax (GST) payable by the successful Bidder under the Contract for which this Bid Document is being issued, shall be included in the rates, prices and total Bid Price submitted by the Bidder, and the evaluation and comparison of bids shall be made accordingly. For example, personal taxes and/or any corporate taxes arising out of the profits on the contract as per rules of the country shall be borne by the Bidder.
9.0 CURRENCIES OF BID AND PAYMENT
9.1 A Bidder expecting to incur its expenditures in the performance of the Contract in more than one currency, and wishing to be paid accordingly, shall so indicate in the Bid. In such a case, the Bid shall be expressed in different currencies and the respective amounts in each currency shall together make up the total price.
9.2 Indian Bidders too can submit their bids in any currency (including Indian Rupees) and receive payment in such currencies on par with foreign Bidders. However, currency once quoted will not be allowed to be changed.
10.0 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONS
10.1 These are listed in BID EVALUATION CRITERIA (BEC), PART-2 of the Bid document.
11.0 BID SECURITY
11.1 The Bid Security is required to protect the Company against the risk of Bidder's conduct, which would warrant forfeiture of the Bid Security, pursuant to sub-clause
11.2 All the bids must be accompanied by Bid Security in Original for the amount as mentioned in the “Forwarding Letter” or an equivalent amount in other freely convertible currency and shall be in the OIL's prescribed format as Bank Guarantee (BG) enclosed with the NIT/Tender vide Proforma-E or online payment through OIL’s e-portal in or an irrevocable Letter of Credit (L/C) from any of the following Banks –
i) Any schedule Indian Bank or Any Branch of an International bank situated in India and registered with Reserve Bank of India as scheduled foreign bank in case of domestic bidder, or
ii) In case of foreign bidder, the bank guarantee can be accepted from any scheduled bank in India or from International bank who has its branch in India registered with Reserve Bank of India, or
iii) Any foreign Bank which is not a Scheduled Bank in India, provided the Bank Guarantee issued by such Bank is counter-guaranteed by any Branch situated in India of any Scheduled Bank incorporated in India.
The Bank Guarantee / LC shall be valid for the time as asked for in the Bid Document. Bank Guarantees issued by Banks in India should be on non-judicial stamp paper of requisite value, as per Indian Stamp Act, purchased in the name of the Banker.
Note: Bid Security in the form of DD/Cheque/Cashier Cheque or any other mode will not be acceptable.
11.3 Bidders can submit Bid Security online through OIL’s electronic Payment Gateway.
11.4 Bank Guarantee with any condition other than those mentioned in OIL’s prescribed format shall not be accepted.
11.5 The Bank Guarantee issued by a Bank amongst others shall contain the complete address of the Bank including Phone Nos., Fax Nos., e-mail address and Branch Code.
11.6 Bid Security shall not accrue any interest during its period of validity or extended validity. OIL shall not be liable to pay any bank charges, commission or interest on the amount of Bid Security.
11.7 The Bank Guarantee should be enforceable at all branches of the issuing Bank within India and preferably at Kakinada, Andhra Pradesh, the place of issuance of tender.
11.8 Any Bid not secured in accordance with sub-clause 11.2 above shall be rejected by the Company as non-responsive. Bank Guarantee issued by a Scheduled Bank in India at the request of some other Non-Scheduled Bank of India shall not be acceptable.
11.9 The Bidders shall extend the validity of the Bid Security suitably, if and when specifically advised by OIL, at the Bidder’s cost.
11.10 Unsuccessful Bidder's Bid Security will be discharged and/or returned within 30 days after finalization of IFB.
11.11 Successful Bidder's Bid Security will be discharged and/or returned upon Bidder's furnishing the Performance Security and signing of the contract. Successful Bidder will however ensure validity of the Bid Security till such time the Performance Security in conformity with Clause 29.0 below is furnished.
11.12 The Bid Security may be forfeited, if:
i) The Bidder withdraws the Bid within its original/extended validity.
ii) The Bidder modifies/revise their Bid Suo-moto.
iii) Bidder does not accept the order/contract.
iv) Bidder does not furnish Performance Security Deposit within the stipulated time as per tender/order/contract.
v) If it is established that the Bidder has submitted fraudulent documents or has indulged into corrupt and fraudulent practice, the Bid security shall be forfeited after due process in addition to other action against the Bidder.
11.13 In case any Bidder withdraws their Bid during the period of Bid validity, Bid Security will be forfeited and the party shall be put in the Holiday List for a period of 6 months to two(02) years as the case may be as per Company’s Banning Policy(available in OIL website).
11.14 The scanned copy of the original Bid Security in the form of either Bank Guarantee or LC must be uploaded by Bidder along with the Technical Bid in the “Technical Attachment” of OIL’s e-portal. The original Bid Security shall be submitted by Bidder to the office of Chief General Manager (KGB&BEP), OIL INDIA LIMITED, KG Basin Project Office at D.No. 11-4-7 Nookalamma Temple Road, Ramarao Peta, Kakinada, Andhra Pradesh-533004, India in a sealed envelope which must reach the office on or before 11.00 Hrs (IST) of the Bid Closing date. The envelope must be super-scribed with “Bid Security”, IFB No., Description of Services & Bid Closing Date.
11.15 A Bid shall be rejected straightway if Original Bid Security is not received within the stipulated date & time mentioned in the Tender and/or if the Bid Security validity is shorter than the validity indicated in Tender and/or if the Bid Security amount is lesser than the amount indicated in the Tender.
12.0 EXEMPTION FROM SUBMISSION OF BID SECURITY
12.1 Central Govt. offices and Central Public Sector undertakings are exempted from submitting Bid Security.
12.2 If the Bidder is a Micro or Small Enterprises (MSE) registered with District Industry Centres or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME, then they are also exempted from submitting Bid Security. Bidding MSEs shall have to submit a Copy of valid Registration Certificate clearly indicating the monetary limit, if any and the items for which Bidder are registered with any of the aforesaid agencies.
In case bidding MSE is owned by Schedule Caste or Schedule Tribe entrepreneur, valid documentary evidence issued by the agency who has registered the Bidder as MSE owned by SC/ST entrepreneur should also be enclosed.
13.0 PERIOD OF VALIDITY OF BIDS
13.1 Bids shall remain valid for 120 days from the date of closing of Bid prescribed by the Company. Bids of shorter validity will be rejected as being non-responsive. If nothing is mentioned by the Bidder in their Bid about the Bid validity, it will be presumed that the Bid is valid for 120 days from Bid Closing Date.
13.2 In exceptional circumstances, the Company may solicit the Bidder's consent to an extension of the period of validity. The request and the response thereto shall be made in writing through Fax or e-mail. The Bid Security provided under Para 11.0 above shall also be suitably extended. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request will neither be required nor permitted to modify their Bid.
C. SIGNING & SUBMISSION OF BIDS
14.0 SIGNING OF BID
14.1 Bids are to be submitted online through OIL’s e-procurement portal with digital signature. The Bid and all attached documents should be digitally signed by the Bidder using “Class 3” digital certificates with Organizations Name [e-commerce application (Certificate with personal verification and Organisation Name)] as per Indian IT Act 2000 obtained from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India before Bid is uploaded. Digital Signature Certificates having “Organization Name” field other than Bidder’s Name are not acceptable. Digital Signature Certificates having Bidder’s Name in the “Organization Name” field are acceptable. Bidder must also have Encryption Certificate along with Digital Signature Certificate (DSC) of Class III [Organization].
The Bid including all uploaded documents shall be digitally signed by duly authorized representative of the Bidder holding a Power of Attorney to bind the Bidder to the contract.
If any modifications are made to a document after attaching digital signature, the digital signature shall again be attached to such documents before uploading the same. The Power of Attorney shall be submitted by Bidder as mentioned in Para 15.1 below.
In case the digital signature is not of “Class-3” with organization name, the Bid will be rejected.
Bidder is responsible for ensuring the validity of digital signature and its proper usage by their employees.
14.2 The original and all copies of the Bid shall be typed or written in indelible inks. Since bids are to be submitted ONLINE with digital signature, manual signature is NOT relevant. The letter of authorisation (as per Proforma-H) shall be indicated by written Power of Attorney accompanying the Bid.
14.3 Any person signing the Bid or any other document in respect of this Bidding Document or other relevant documents on behalf of the Bidder without disclosing his authority to do so shall be deemed to have the authority to bind the Bidder. If it is discovered at any time that the person so signing has no authority to do so, the Company (OIL) may, without prejudice to any other right or remedy, cancel his Bid or Contract and hold the Bidder liable to the Company (OIL) for all costs and damages arising from the cancellation of the Bid or Contract including any loss which the Company (OIL) may sustain on account thereof.
14.4 Any physical documents submitted by Bidders shall contain no interlineations, white fluid erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such correction shall be initialled by the person or persons who has/have digitally signed the Bid.
14.5 Any Bid, which is incomplete, ambiguous, or not in compliance with the Bidding process will be rejected.
15.0 SUBMISSION OF BIDS
15.1 The tender is processed under Single Stage - Two Bid system. Bidder shall submit the Technical Bid and Priced Bid along with all the Annexure and Proforma (wherever applicable) and copies of documents in electronic form through OIL’s e-procurement portal within the Bid Closing Date & Time stipulated in the e-tender. For submission of Bids online at OIL’s e-tender Portal, detailed instructions are available in “HELP DOCUMENTATION” available in OIL’s e-tender Portal. Guidelines for Bid submission are also provided in the “Forwarding Letter”. The Technical Bid is to be submitted as per Terms of Reference/Technical Specifications of the Bid document and Priced Bid as per the Price Schedule. The Technical Bid should be uploaded in the “Technical Attachment” under “Techno-Commercial Bid” Tab Page only. Prices to be quoted as per Proforma-B should be uploaded as Attachment just below the “Tendering Text” in the attachment link under “Techno-Commercial Bid” Tab under General Data in the e- portal. No price should be given in the “Technical Attachment”, otherwise Bid shall be rejected. The priced Bid should not be submitted in physical form and which shall not be considered. For details please refer “INSTRUCTIONS” documents.
However, the following documents in one set should necessarily be submitted in physical form in sealed envelope super-scribing the “IFB No., Brief Description of
services and Bid Closing/Opening Date & Time along with the Bidder’s name” and should be submitted to Chief General Manager (KGB&BEP), Oil India Ltd., KG Basin Project, Door NO. 11-4-7, 3rd Floor, Nookalamma Temple Street, Ramarao Peta, Kakinada 533004, Andhra Pradesh, India on or before 11.00 Hrs(IST) on the Bid closing date indicated in the IFB:
i) The Original Bid Security along with 1(one) copy
ii) Power of Attorney for signing of the Bid digitally
iii) Any other document required to be submitted in original as per Bid document requirement.
iv) Printed catalogue and literature if called for in the Bid document.
Documents sent through e-mail/Fax/Telephonic method will not be considered.
15.2 All the conditions of the contract to be made with the successful Bidder are given in various Sections of the Bid Document. Bidders are requested to state their compliance to each clause as per Proforma-D of the Bid document and in case of non- compliance, if any, the same to be highlighted in the Proforma – D and the same should be uploaded along with the Technical Bid.
15.3 Timely delivery of the documents in physical form as stated in Para 15.1 above is the responsibility of the Bidder. Bidders should send the same through Registered Post or by Courier Services or by hand delivery to the Officer in Charge of the particular tender before the Bid Closing Date and Time. Company shall not be responsible for any postal delay/transit loss.
15.4 Bids received through the e-procurement portal shall only be accepted. Bids received in any other form shall not be accepted.
16.0 INDIAN AGENT/REPRESENTATIVE/RETAINER/ASSOCIATE
Foreign Bidders shall clearly indicate in their Bids whether they have an Agent/Representative/Retainer/Associate in India. In the event the overseas Bidder is having an Agent/Representative/Retainer/Associate in India, the Bidder should furnish the name and address of their Agent/Representative/Retainer/Associate in India and clearly indicate nature and extent of services to be provided by such an Agent/ Representative/Retainer/Associate in India and also stating in their bids whether the Agent/Representative/Retainer/Associate is authorized to receive any commission. The rate of the commission included in the quoted rates of Bidder should be indicated which would be payable to Agent/Representative/Retainer/Associate in non-convertible Indian currency according to Import Trade Regulation of India. Unless otherwise specified, it will be assumed that agency commission is not involved in the particular Bid.
Further, overseas Bidders shall submit their bids directly and not through their Agent/Representative/Retainer/Associate in India. Bid submitted by Indian Agent/Representative/Retainer/Associate on behalf of their foreign principals will not be considered and will be rejected straightway. Moreover, one Indian Agent/Representative/Retainer/ Associate cannot represent more than one foreign Bidder against the IFB.
The Indian Agent/Representative/Retainer/Associate will not be permitted to submit any Bid Security and Performance Security on behalf of their foreign principals and also
the Indian Agent/ Representative/Retainer/Associate will not be allowed to execute the contract and receive payment against Bid submitted by their foreign principals. Such bids shall be rejected straightway.
17.0 DEADLINE FOR SUBMISSION OF BIDS
17.1 Bids should be submitted online as per the online tender submission deadline. Bidders will not be permitted by System to make any changes in their Bid/quote after the Bid submission deadline is reached.
17.2 No Bid can be submitted after the submission dead line is reached. The system time displayed on the e-procurement web page shall decide the submission dead line.
17.3 The documents in physical form as stated in Para 15.1 must be received by Company at the address specified in the “Forwarding Letter” on or before 11.00Hrs (IST) on the Bid Closing Date mentioned in the "Forwarding Letter". Timely delivery of the same at the address mentioned in the Forwarding Letter is the responsibility of the Bidders.
18.0 LATE BIDS: Bidders are advised in their own interest to ensure that their bids are uploaded in system before the closing date and time of the Bid. The documents in physical form mainly the Original Bid Security if received by the Company after the deadline for submission prescribed by the Company shall be rejected and shall be returned to the Bidders in unopened condition immediately.
19.0 MODIFICATION AND WITHDRAWAL OF BIDS
19.1 The Bidder after submission of Bid may modify or withdraw its Bid prior to Bid Closing Date & Time.
19.2 No Bid can be modified or withdrawn subsequent to the deadline for submission of Bids.
19.3 No Bid can be withdrawn in the interval between the deadline for submission of Bids and the expiry of the period of Bid Validity specified by the Bidder on the Bid Form. Withdrawal of a Bid during this interval shall result in the Bidder's forfeiture of its Bid Security and Bidder shall also be debarred from participation in future tenders of OIL and shall be put in the Holiday List for a period of six (06) months to two (02) years as the case may be as per Company’s Banning Policy.
20.0 EXTENSION OF BID SUBMISSION DATE
Normally no request for extension of Bid Closing Date & Time will be entertained. However, OIL at its discretion, may extend the Bid Closing Date and/or Time due to any reasons.
21.0 BID OPENING AND EVALUATION
21.1 Company will open the Technical Bids, including submission made pursuant to clause 19.0, in presence of Bidder's representatives who choose to attend at the date, time and place mentioned in the Forwarding Letter. However, an authorisation letter (as
per Proforma-I) from the Bidder must be produced by the Bidder's representative at the time of Bid Opening. Unless this Letter is presented, the representative will not be allowed to attend the Bid Opening. The Bidder's representatives who are allowed to attend the Bid Opening shall sign a register evidencing their attendance. Only one representative against each Bid will be allowed to attend. In technical Bid opening, only “Technical Attachment” will be opened. Bidders therefore should ensure that technical Bid is uploaded in the “Technical Attachment” Tab Page only in the e-portal.
21.2 In case of any unscheduled holiday or Bandh on the Bid Opening Date, the Bids will be opened on the next full working day. Accordingly, Bid Closing Date / time will get extended up to the next working day and time.
21.3 Bids which have been withdrawn pursuant to clause 19.0 shall not be opened. Company will examine bids to determine whether they are complete, whether requisite Bid Securities have been furnished, whether documents have been digitally signed and whether the bids are generally in order.
21.4 At Bid opening, Company will announce the Bidder's names, written notifications of Bid modifications or withdrawal, if any, the presence of requisite Bid Security and such other details as the Company may consider appropriate.
21.4.1 Company shall prepare, for its own records, minutes of Bid opening including the information disclosed to those present in accordance with the sub-clause 21.4.
21.5 Normally no clarifications shall be sought from the Bidders. However, for assisting in the evaluation of the bids especially on the issues where the Bidder confirms compliance in the evaluation and contradiction exists on the same issues due to lack of required supporting documents in the Bid (i.e. document is deficient or missing), or due to some statement at other place of the Bid (i.e. reconfirmation of confirmation) or vice- versa, clarifications may be sought by OIL. In all the above situations, the Bidder will not be allowed to change the basic structure of the Bid already submitted by them and no change in the price or substance of the Bid shall be sought, offered or permitted.
21.6 Prior to the detailed evaluation, Company will determine the substantial responsiveness of each Bid to the requirement of the Bid Documents. For purpose of these paragraphs, a substantially responsive Bid is one, which conforms to all the terms and conditions of the Bid Document without material deviations or reservation. A material deviation or reservation is one which affects in any way substantial way the scope, quality, or performance of work, or which limits in any substantial way, in- consistent way with the Bid Documents, the Company’s right or the Bidder’s obligations under the contract, and the rectification of which deviation or reservation would affect unfairly the competitive position of other Bidders presenting substantial responsive bids. The Company's determination of Bid's responsiveness is to be based on the contents of the Bid itself without recourse to extrinsic evidence.
21.7 A Bid determined as not substantially responsive will be rejected by the Company and may not subsequently be made responsive by the Bidder by correction of the non- conformity.
21.8 The Company may waive minor informality or nonconformity or irregularity in a Bid, which does not constitute a material deviation, provided such waiver, does not prejudice or affect the relative ranking of any Bidder.
21.9 The Company shall perform Technical evaluation of the responsive Bid(s) on the basis of Section II ‘Terms of Reference/Scope of Work/ Technical Specification’ and Part-2 ‘Bid Evaluation Criteria’. Pursuant to Clause 21.0, the Company shall determine the successful Techno-commercial Bid(s) for Price Bid opening.
22.0 OPENING OF PRICED BIDS
22.1 Company will open the Priced Bids of the technically qualified Bidders on a specific date in presence of representatives of the qualified Bidders. The technically qualified Bidders will be intimated about the Priced Bid Opening Date & Time in advance. In case of any unscheduled holiday or Bandh on the Priced Bid Opening Date, the Bids will be opened on the next working day.
22.2 The Company will examine the Price quoted by Bidders to determine whether they are complete, any computational errors have been made, the documents have been properly signed, and the bids are generally in order.
22.3 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price (that is obtained by multiplying the unit price and quantity) the unit price shall prevail and the total price shall be corrected accordingly. If there is a discrepancy between words, and figures, the amount in words will prevail. If any Bidder does not accept the correction of the errors, their Bid will be rejected.
23.0 CONVERSION TO SINGLE CURRENCY: While evaluating the bids, the closing rate of exchange declared by State Bank of India on the day prior to price Bid opening will be taken into account for conversion of foreign currency into Indian Rupees. Where the time lag between the opening of the price bids and final decision exceeds three months, the rate of exchange declared by State Bank of India on the date prior to the date of final decision will be adopted for conversion.
24.0 EVALUATION AND COMPARISON OF BIDS: The Company will evaluate and compare the bids as per BID EVALUATION CRITERIA (BEC), PART-2 of the Bid Document.
24.1 DISCOUNTS / REBATES: Unconditional discounts/rebates, if any, given in the Bid will be considered for evaluation.
24.2 Post Bid or conditional discounts/rebates offered by any Bidder shall not be considered for evaluation of bids. However, if the lowest Bidder happens to be the final acceptable Bidder for award of contract, and if they have offered any discounts/rebates, the contract shall be awarded after taking into account such discounts/rebates.
24.3 LOADING OF FOREIGN EXCHANGE: There would be no loading of foreign exchange for deciding the inter-se-ranking of domestic Bidders.
24.4 EXCHANGE RATE RISK: Since Indian Bidders are now permitted to quote in any currency and also receive payments in that currency, Company will not be compensating for any exchange rate fluctuations in respect of the services.
24.5 REPATRIATION OF RUPEE COST: In respect of foreign party’s rupee payments made on the basis of the accepted rupee component of their Bid, would not be repatriable by them. A condition to this effect would be incorporated by the Company in the contract.
25.0 CONTACTING THE COMPANY
25.1 Except as otherwise provided in Clause 21.0 above, no Bidder shall contact Company on any matter relating to its Bid, from the time of the Bid opening to the time the Contract is awarded except as required by Company vide sub-clause 21.6.
25.2 An effort by a Bidder to influence the Company in the Company's Bid evaluation, Bid comparison or Contract award decisions may result in the rejection of their Bid.
D. AWARD OF CONTRACT
26.0 AWARD CRITERIA
26.1 The Company will award the Contract to the successful Bidder whose Bid has been determined to be substantially responsive and has been determined as having the highest evaluated Bid score under QCBS criteria, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily.
27.0 COMPANY'S RIGHT TO ACCEPT OR REJECT ANY BID
27.1 Company reserves the right to accept or reject any or all bids and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected Bidder, or Bidders or any obligation to inform the affected Bidder of the grounds for Company’s action.
28.0 NOTIFICATION OF AWARD
28.1 Prior to the expiry of the period of Bid validity or extended validity, Company will notify the successful Bidder in writing by registered letter or by fax or e-mail (to be confirmed in writing by registered / couriered letter) that its Bid has been accepted.
28.2 The notification of award will constitute the formation of the Contract.
28.3 Upon the successful Bidder's furnishing of Performance Security pursuant to Clause 29.0 below, the Company will promptly notify each un-successful Bidder and will discharge their Bid Security, pursuant to Clause 11.0 hereinabove.
29.0 PERFORMANCE SECURITY
29.1 On receipt of notification of award from the Company, the successful Bidder shall furnish to Company the Performance Security for an amount specified in the Forwarding Letter (and Letter of Award (LOA) issued by Company to Contractor awarding the contract) as per Proforma-F or in any other format acceptable to the Company and must be in the form of a Bank Guarantee or irrevocable Letter of Credit (LC) from:
a) Any schedule Indian Bank or Any Branch of an International bank situated in India and registered with Reserve Bank of India as scheduled foreign bank in case of domestic Bidder, or
b) In case of Foreign Bidder, the bank guarantee can be accepted from any scheduled bank in India or from International bank who has its branch in India registered with Reserve Bank of India.
c) Any foreign Bank which is not a Scheduled Bank in India, provided the Bank Guarantee issued by such Bank is counter-guaranteed by any Branch situated in India of any Scheduled Bank incorporated in India
Bank Guarantee issued by a Bank, amongst others, must contain the following particulars of such bank:
a) Full address.
b) Branch Code.
c) Code Nos. of the authorized signatory with full name and designation.
d) Phone Nos., Fax Nos., E-mail address.
The domestic Bidders will have to submit the Bank Guarantee from any of the scheduled banks and on non-judicial stamp paper of requisite value as per the Indian Stamp Act, purchased in the name of the issuing banker. Bank Guarantee issued by a Scheduled Bank in India at the request of some other Non-Scheduled Bank of India shall not be acceptable.
The foreign Bidder will submit the Bank Guarantee from Banks of Indian origin situated in their country. In case no such bank of Indian origin is situated in their country, the Bank Guarantee may be submitted from the bankers as specified above.
The Performance Security shall be denominated in the currency of the contract.
29.2 The Performance Security specified above must be valid for 3(three) months beyond the contract period. The Performance Security will be discharged by Company not later than 30 days following its expiry. In the event of any extension of the Contract period, Bank Guarantee should be extended by Contractor by the period equivalent to the extended period.
29.3 The Performance Security shall be payable to Company as compensation for any loss resulting from Contractor’s failure to fulfil its obligations under the Contract.
29.4 The Performance Security will not accrue any interest during its period of validity or extended validity.
29.5 Failure of the successful Bidder to comply with the requirements of clause 29.0 and/or 30.0 shall constitute sufficient grounds for annulment of the award and forfeiture of the Bid Security or Performance Security. In such an eventuality, the party shall be put in the Holiday List for a period from six (06) months to two (02) years as the case may be as per Company’s Banning Policy.
30.0 SIGNING OF CONTRACT
30.1 At the same time as the Company notifies the successful Bidder that its Bid has been accepted, the Company will either call the successful Bidder for signing of the agreement or send the Contract Form provided in the Bid Documents, along with the General & Special Conditions of Contract, Technical Specifications, Schedule of Rates incorporating all agreements agreed between the two parties.
30.2 The successful Bidder shall sign and date the contract and return it to the Company after receipt of LOA. Till the contract is signed, the LOA issued to the successful Bidder shall remain binding amongst the two parties.
30.3 In the event of failure on the part of the successful Bidder to sign the contract, OIL reserves the right to terminate the LOA issued to the successful Bidder and invoke the Bid Security or the Performance Security if submitted by the successful Bidder. The party shall also be put in the Holiday List for a period from six (06) months to two (02) years as the case may be as per Company’s Banning Policy.
31.0 FURNISHING FRAUDULENT INFORMATION/DOCUMENTS
31.1 If it is found that a Bidder/contractor has furnished fraudulent information / documents, the Bid Security/Performance Security shall be forfeited and the party shall be banned for a period of 3(three) years from the date of detection of such fraudulent act besides the legal action as per Company’s Banning Policy.
32.0 CREDIT FACILITY
32.1 Bidders should indicate clearly in the Bid about availability of any credit facility inclusive of Government to Government credits indicating the applicable terms and conditions of such credit.
33.0 MOBILISATION ADVANCE PAYMENT
33.1 Request for advance payment shall not be normally considered. However, depending on the merit and at the discretion of the Company, advance against mobilization charge may be given at an interest rate of 1% above the prevailing Bank rate (CC rate) of SBI from the date of payment of the advance till recovery/refund.
33.2 Advance payment agreed to by the Company shall be paid only against submission of an acceptable bank guarantee whose value should be equivalent to the amount of advance plus the amount of interest covering the period of advance. Bank guarantee shall be valid for 2 months beyond completion of mobilization and the same may be invoked in the event of Contractor’s failure to mobilise as per agreement.
33.3 In the event of any extension to the mobilization period, Contractor shall have to enhance the value of the bank guarantee to cover the interest for the extended period and also to extend the validity of bank guarantee accordingly.
34.0 INTEGRITY PACT
34.1 OIL shall be entering into an Integrity Pact with the Bidders as per format enclosed vide Annexure-A of the Bid Document. The Integrity Pact has been duly signed
digitally by OIL’s competent signatory and uploaded in the OIL’s e-portal. The Integrity Pact shall be uploaded by the Bidder (along with the technical Bid) duly signed by the same signatory who signed the Bid i.e. who is duly authorized to sign the Bid. Uploading the Integrity Pact in the OIL’s e-portal with digital signature will be construed that all pages of the Integrity Pact have been signed by the Bidder’s authorized signatory who has signed the Bid. If any Bidder refuses to sign Integrity Pact or declines to submit the Integrity Pact, their Bid shall be rejected straightway.
34.2 OIL has appointed Shri Rajiv Mathur, IPS(Retd.), Shri Jagmohan Garg, Ex- Vigilance Commissioner and Shri Rudhra Gangadharan, IAS (Retd.) as Independent External Monitors (IEM) for a period of 3(three) years to oversee implementation of Integrity Pact in OIL. Bidders may contact the Independent External Monitor for any matter relating to the IFB at the following addresses:
1. Shri Rajiv Mathur, IPS(Retd), Former Director, IB, Govt. of India; E-mail: email@example.com
2. Shri Jagmohan Garg, Ex Vigilance Commissioner, CVC, e-Mail ID: firstname.lastname@example.org
3. Shri Rudhra Gangadharan, IAS(Retd.), Ex-Secretary, Ministry of Agriculture, e- Mail ID: email@example.com
35.0 LOCAL CONDITIONS
35.1 It is imperative for each Bidder to be fully informed themselves of all Indian as well as local conditions, factors and legislation which may have any effect on the execution of the work covered under the Bidding Document. The Bidders shall be deemed, prior to submitting their bids to have satisfied themselves of all the aspects covering the nature of the work as stipulated in the Bidding Document and obtain for themselves all necessary information as to the risks, contingencies and all other circumstances, which may influence or affect the various obligations under the Contract.
No request will be considered for clarifications from the Company (OIL) regarding such conditions, factors and legislation. It is understood and agreed that such conditions, factors and legislation have been properly investigated and considered by the Bidders while submitting the Bids. Failure to do so shall not relieve the Bidders from responsibility to estimate properly the cost of performing the work within the provided timeframe. Company (OIL) will assume no responsibility for any understandings or representations concerning conditions made by any of their officers prior to award of the Contract. Company (OIL) shall not permit any changes to the time schedule of the Contract or any financial adjustments arising from the Bidder's lack of knowledge and its effect on the cost of execution of the Contract.
35.2 SITE VISIT: The Bidder, at the Bidder’s own cost, responsibility and risk is encouraged to visit and examine the site of work and its surroundings, understand the logistics and obtain all information that may be necessary for preparing the Bid and entering into a Contract for the required services/work.
The Contractor shall be deemed prior to Pre-Bid Conference (if applicable) & submitting their Bid to have:
a) Inspected and examined the Site and its surroundings and carried out such surveys as it considers necessary;
b) Satisfied itself as to the nature of the work and materials necessary for the execution of the Works;
c) Satisfied itself as to the circumstances at the Site, including, without limitation, the ground, the form and nature of the Site and the climate and hydrological conditions of the Site;
d) Satisfied itself as to the means of communication with and access to & through the Site, the accommodation it may require and the precautions and the times and methods of working;
e) Obtained for itself all necessary information as to the risks, contingencies and all other circumstances, which may influence or affect the Contract price and its obligations under the Contract;
f) Satisfied itself with all the Indian as well as local conditions, factors and legislation which may have any effect on the execution of the work covered under the Bid Document;
g) Ascertained the general labour position at the Site and have understood the cost associated with engagement of the labours.
36.0 SPECIFICATIONS: Before submission of Bids, Bidders are requested to make themselves fully conversant with all Conditions of the Bid Document and other relevant information related to the works/services to be executed under the contract.
37.0 CUSTOMS DUTY: The Equipment/Tools etc. and the services under this Contract shall be carried out in OALP areas of the Company which have been issued or renewed to Company. Basic Customs Duty on the imports under this Contract presently shall be Nil. Recommendatory letter shall be provided by the Company to avail nil customs duty benefit. Bidders should take note of the same while quoting. “No customs duty” is therefore considered for evaluation.
38.0 The User Manual provided on the e-portal on the procedure ‘How to create Response’ for submitting offer may be referred for guidance.
END OF PART – 1
PART – 2
BID EVALUATION CRITERIA (BEC)
The bid shall conform generally to the specifications and terms and conditions given in this bid document. Bids shall be rejected in case the services offered do not conform to required parameters stipulated in the technical specifications. Notwithstanding the general conformity of the bids to the stipulated specifications, the following requirements will have to be particularly met by the Bidders without which the same will be considered as non-responsive and rejected. Bidders are advised not to take any exception/deviations to the bid document.
I. TECHNICAL EVALUATION CRITERIA:
1.0 The Bidders must meet the following seismic data acquisition, vessel and seismic data processing experience criteria:
(i) Bidders must have successfully completed both 2D & 3D marine Seismic Surveys, with a minimum cumulative total of 8400 LKM and 1020 SQ.KM respectively in the last seven (07) years, reckoning the period from the original bid closing date of the tender. Bidders must submit documentary evidence in support of their experiences as under:
Contract/Agreement copy along with satisfactory completion/ performance report clearly mentioning Contract/Agreement No. and volume of job completed.
Contract/Agreement copy with proof of settlement /release of final payment against the contract.
Any other documentary evidence like proof of release of Performance Security after completion of the contract that can substantiate the satisfactory execution of the contract as mentioned in the above clause.
a. For technical evaluation, pertaining to clause no. 1.0 (i) above, acquisition of One(1) SQ. KM of 3D marine seismic data will be considered equivalent to acquisition of forty (40) LKM of 2D marine seismic data. In the instant case, if a bidder has acquisition experience of only 3D marine Seismic Surveys, then minimum cumulative acquisition experience requirement is 1230 Sq. Km (1020+210) in the last seven (07) years, reckoning the period from the original bid closing date of the tender.
b. The bidder should have completed at least three (3) survey blocks involving 3D marine seismic data acquisition of total 1020 SKM and 2D marine seismic data acquisition of total 8400 LKM or at least three (3) survey blocks involving 3D marine seismic data acquisition of total 1230 SKM, in previous seven (07) years to be reckoned from the original bid closing date.
Note: Bid(s) from parties having only 2D marine seismic data acquisition experience shall not be considered.
(ii) Seismic Vessel experience criteria for Bid evaluation:
a) Bidder may offer any number of vessels with minimum of six (6) streamers (limited to Eight (08) Streamers) of 6000 m length each, dual source as per tender specification. The offered 3D Seismic vessel(s) should have completed at least two 3D survey blocks involving 3D marine seismic data acquisition of total 1230 SKM in previous seven (07) years to be reckoned from the original bid closing date.
b) In case, Bidder proposes deployment of additional 2D Seismic vessel(s), 2D Seismic Vessel(s) should have completed at least two (2) 2D Seismic survey blocks involving 2D marine seismic data acquisition of total 8400 LKM in previous seven (07) years to be reckoned from the original bid closing date.
c) In case the offered vessels are not owned by the bidder and are hired/ leased from other companies, MOU/ Hire or Lease Agreement valid throughout the contract period from the owner of the vessel(s) has to be submitted by the bidder along with techno-commercial bid stating that the particular offered vessel(s) (not owned by the bidder) will be available against this particular tender/ work on award of the contract. Certificate of Registry of the offered vessel to be submitted along with technical bid to establish the ownership of the vessel offered.
d) The number of suitable short-listed seismic vessels out of the offered vessels will be communicated to the successful Bidders before the price bid is opened. Out of the shortlisted vessels, the bidder must confirm the availability of the vessel(s) required against this tender at least one day prior to opening of price bid. The Bidders will have to ensure deployment of seismic vessel out of short-listed vessel(s) only. In case the bidder is unable to provide any of the offered vessels because of prior engagement of vessels, bid will not be considered and bid security will be forfeited. In such case, the bidder will be debarred from participation in similar tenders of OIL for next two years.
e) Vessel(s) offered by the bidder should fully comply with the technical specifications outlined in Scope of Work, Section II of the tender document and Bidder should be able to provide the services as mentioned in the scope of work of the tender document. Contract will be awarded immediately after finalization of the tender and successful bidder shall furnish requisite performance security deposit within 3 weeks of notification as per procedure laid down in tender document.
f) The bidder shall submit a certificate along with the un-priced bid, that the vessel(s) offered by the bidder:
Have statutory certificates
Meet the class requirement at all the times.
Comply with IMO codes
Have a minimum residual life to cover the stipulated contract period,
g) In addition to above bidders are required to submit a copy of following statutory certificates along with un-priced bid:
Certificate of Registry
Certificate of class
h) In case of expiry of period of validity of the above certificates within the contract period, bidder shall give an undertaking stating that the same shall be renewed and kept valid throughout the period of the contract. Certificate of Registry or nationality certificate and continuous synopsis record (CSR) to be provided if ownership of the vessel is changed. Nationality certificate or the CSR, if provided should list the current ownership details.
i) The date of issue of certificates will be considered for evaluation of the age of the vessel. In case the vessel has been re-registered under a new name or flag, the ‘first certificate of registry’ would be considered for evaluation of age of the vessel. The age of the offered vessels shall be less than 24 years on the date of NIT.
j) The bidder is required to submit undertaking along with the techno- commercial (un-priced) bid that Vessel offered complies with DG Shipping development circular No 1 of 2008 dated 25.04.2008 (including amendments) relating to revised guidelines for chartering of vessels
k) Necessary documentary evidence to indicate their experiences in 3D Seismic and 2D seismic data acquisition, duration and no. of projects etc. must be submitted along with the technical bid, otherwise the bid will be rejected.
l) Vessels(s) offered by the bidder should fully comply with technical specifications outlined in tender document and bidder should be able to provide the services as mentioned in the scope of work of tender document
m) Operation Plan: The Bidder should submit operation plan indicating mobilization schedule and data acquisition schedule as per the stipulated time schedule
(iii) Seismic Data Processing experience criteria for Bid evaluation:
Bidder must have state-of-the-art processing capabilities to carry out detailed seismic data processing works. The bidder must have experience in seismic data processing and completed Processing of both 2D & 3D marine Seismic data having minimum cumulative total of 8400 GLKM and 1020 SQ.KM respectively OR 3D seismic data processing of 1230 SQ.KM. including Pre-stack Time Migration (Pre-STM) Imaging, Pre- stack Depth Migration (Pre-STM) Imaging and post stack inversion in last seven (7) years, reckoning the period from the original bid closing date of the tender. Bidders must submit documentary evidence in support of their experiences as under:
Contract/Agreement copy along with satisfactory completion/ performance report clearly mentioning Contract/Agreement No. and volume of job completed.
Contract/Agreement copy with proof of settlement /release of final payment against the contract.
Any other documentary evidence like proof of release of Performance Security after completion of the contract that can substantiate the satisfactory execution of the contract as mentioned in the above clause.
2.0 Indian Company/Indian Joint Venture Company as bidder: In case the bidder is an Indian Company/Indian Joint Venture Company, either the Indian Company/Indian Joint Venture Company or its Technical Collaborator/ Joint venture partner must meet the criteria under clause 1.0 above. However, the Indian Company/Indian Joint Venture Company must meet the financial turnover criteria.
i. Details of experience and past performance of the bidder and the collaborator (in case of collaboration) or of joint venture partner (in case of a joint venture), on works/jobs done of similar nature in the past and details of current work in hand and other contractual commitments, indicating areas and clients are to be submitted along with the Technical Bid, in support of the experience criteria laid down above.
ii. Indian Companies/Joint Venture Companies: Indian bidders whose proposal for technical collaboration/joint venture involves foreign equity participation or payment of royalty and / or lump sum for technical know-how and wherever Govt. approval is necessary, are required to submit copy of Govt. approval, on their application submitted to SIA, prior to the date of price bid opening. Bidder must submit along with their technical bid Memorandum of Understanding(MOU)/Agreement with their technical collaborator / Joint venture partner (in case of Joint venture) clearly indicating their roles & responsibilities under the scope of work.
iii. MOU/Agreement concluded by the bidder with technical collaborator/joint venture partner (in case of Joint Venture), must also be addressed to the Company, clearly stating that the MOU Agreement is applicable to this tender and shall be binding on them for the entire contract period. Notwithstanding the MOU/Agreement, the responsibility of completion of job under this contract will be with the bidder.
iv. The MOU/Agreement should be legally valid i.e. it should be on a non-judicial stamp paper and notarised. In case of involvement of overseas bidder, the MOU / Agreement should be notarised / endorsed by Indian Embassy.
2.1 In case the Bidder is a Consortium of Companies, the following requirements must be satisfied by the Bidder:
A. The leader of the consortium can submit bid on behalf of consortium of bidders. Memorandum of Understanding (MOU) between the consortium members duly executed by the CEOs or authorized representative of the consortium members, should be addressed to Company, must accompany the bid which should clearly define role/scope of work of each partner/member and should clearly define the leader of the consortium and also authorizing the leader for signing and submission of Bid on their behalf. Memorandum of Understanding (MOU) must also state that all the members of consortium shall be jointly and severally responsible for discharging all obligations under the contract. However, the leader of the consortium must submit an undertaking along with the technical bid towards unconditional acceptance of full responsibility for executing the ‘Scope of Work’ of this bid document. In case of award, such MOU shall be kept valid through the entire contract period, including extension, if any. The following
provisions should also be incorporated in the MOU executed by the members of the consortium:
(i) Only the leader of the consortium shall buy the bid document and submit bid on behalf of the consortium. The other members of the consortium shall ratify all the acts and decision of the Leader of the Consortium, which are taken in connection with and/or during the evaluation of the tender and execution of the contract.
(ii) The bid security shall be in the name of the leader of the consortium on behalf of consortium with specific reference to consortium bid and name & address of consortium members. Similarly, the performance security shall be in the name of the leader on behalf of the consortium.
(iii) The leader of the consortium on behalf of the consortium shall coordinate with OIL during the period the bid is under evaluation as well as during the execution of works in the event contract is awarded and he shall also be responsible for resolving dispute/misunderstanding/undefined activities, if any, amongst all the consortium members.
(iv) Any correspondence exchanged with the leader of consortium shall be binding on all the consortium /joint venture members.
(v) Payment shall be made by OIL only to the leader of the consortium towards fulfillment of the contract obligation.
(vi) In case of consortium bids, the bid shall be digitally signed by the authorized representative of the leader of the consortium. The power of Attorney from each member authorizing the leader for signing and submission of Bid on behalf of individual member must accompany the bid, if the same is not mentioned in the MOU submitted along with the bid.
(vii) Document/details pertaining to qualification of the bidder of document attached with the bidding documents must be furnished by each partner/member of consortium complete in all respects along with the bid clearly bringing up their experience especially in the form of work in their scope.
(viii) Constitution of consortium: If during the evaluation of bid, a consortium leader proposes any alterations/changes in the constitution or replacement or inclusion or expulsion of any partner(s)/member(s)of the consortium which had originally submitted the bid, to drive some advantages/benefits based on any development(s) having come to knowledge at any time, the bid of such a consortium shall be liable for rejection.
(ix) Signing of contract: In the event of award of contract to the consortium, the contract to be signed by the members of the consortium and the liability of each one of them shall be jointly and severely.
(x) Members of the consortium are not allowed to quote separately/independently against this tender. All the bids received in such case will be summarily rejected. Further, all bids from parties with technical support from the same principal/Subsidiary/Co- Subsidiary/Sister subsidiary will be rejected.
(xi) The consortium partners should satisfy the experience criteria as per Clause 1.0 above in their respective domain.
(xii) Certified copies (attested by Director/Company Secretary) of Board resolutions passed by respective Board of Directors of the companies(Consortium leader and members) agreeing to entering into such consortium with each other for submission of bid for the NIT and authorising designated executives of each company to sign in the MOU to be provided along with the technical bid.
(xiii) The MOU/Agreement should be legally valid i.e. it should be on a non- judicial stamp paper and notarised. In case of involvement of overseas bidder/consortium partner, the MOU / Agreement should be notarised / endorsed by Indian Embassy.
2.2 Eligibility criteria in case Bid is submitted on the basis of the Technical Experience of the Parent/Subsidiary Company: Offers of those bidders who themselves do not meet experience criteria as stipulated in clause 1.0 above can also be considered provided the bidder is a 100% subsidiary company of the parent company (supporting company) which meets the above mentioned experience criteria or the parent company can also be considered on the strength of its 100% subsidiary company (supporting company). However, the parent/subsidiary company of the bidder should on its own meet the technical experience as aforesaid and should not rely on its sister subsidiary/co-subsidiary company or through any other arrangement like technical collaboration etc. In that case, as the subsidiary company is dependent upon the technical experience of the parent company or vice-versa, with a view to ensure commitment and involvement of the parent/subsidiary company for successful execution of the contract, the participating bidder must enclose an agreement, as per format furnished vide Attachment-I, between the parent and the subsidiary company or vice-versa and Parent/Subsidiary Guarantee, as per format furnished vide Attachment-II, from the parent/subsidiary company to OIL for fulfilling the obligations under the agreement, along with the technical bid.
2.3 Eligibility criteria in case Bid is submitted on the basis of the Technical Experience of Sister Subsidiary/Co-Subsidiary Company: Offers of those bidders who themselves do not meet the technical experience criteria stipulated in
1.0 above can also be considered based on the experience of their Sister Subsidiary/Co-Subsidiary company within the ultimate parent/holding company subject to meeting the following conditions:
(a) Provided that the sister subsidiary/co-subsidiary company and the bidding company are both either directly owned 100% subsidiaries of an ultimate parent
/holding company or 100% owned through intermediate 100% subsidiaries of an ultimate parent/holding company. The bidder must submit duly notarised valid document(s) establishing the legal relation amongst sister/co-subsidiary, bidder and the ultimate Parent Company to the full satisfaction of the Company with detail shareholding pattern. The Company reserves the right to reject a bid if the documents are not found sufficient or satisfactory or proper to establish the required criteria of 100% subsidiary.
(b) Provided that the sister subsidiary/co-subsidiary company on its own meets the technical experience, criteria laid down in clause 1.0 above and not through any other arrangement like technical collaboration etc.
(c) Provided that with a view to ensure commitment and involvement of the ultimate parent/holding company for successful execution of the contract, the participating bidder must submit an agreement, as per format furnished vide Attachment-III, between them, their ultimate parent/holding company, along with the technical bid.
2.4 In both the situations mentioned in 2.2 and 2.3 above, following conditions are required to be fulfilled/documents to be submitted:
i) Undertaking by Supporting Company or Ultimate Parent Company to provide a Performance Security (as per format and instructions enclosed at Proforma
- J), equivalent to 50% of the value of the Performance Security which is to be submitted by the bidding company, in case the supported bidding company is the successful bidder. In cases where foreign based supporting company does not have Permanent Establishment in India, the bidding company can furnish Performance Security for an amount which is sum of Performance Security amount to be submitted by the bidder and additional Performance Security amount required to be submitted by the supporting company / ultimate parent company. In such case bidding company shall furnish an undertaking that their foreign based supporting company / ultimate parent company is not having any Permanent Establishment in India in terms of Income Tax Act 1961 of India.
ii) Undertaking from the supporting company / ultimate parent company to the effect that in addition to invoking the Performance Security submitted by the contractor, the Performance Security provided by supporting company shall be invoked by OIL due to non-performance of the contractor.
Note: In case Supporting company/ ultimate parent company fails to submit Performance Bank Guarantee as per (i) above, Bid Security submitted by the bidder shall be forfeited.
2.5 Any party who is extending support by way of entering into consortium/collaboration agreement or MOU with another party shall not be allowed to submit an independent Bid against this tender. Under such situation both the Bids shall be rejected. Further, all Bids from parties with technical collaboration support from the same principal against this tender shall be rejected.
2.6 Joint venture partnership / collaboration, with a firm bidding as an independent identity against this tender, will not be accepted.
3.0 The bids will be technically evaluated based on the requirements furnished in Part- 3, Section-II (Scope of Work/Terms of Reference). Bids which do not conform to the minimum specifications of equipment, hardware and software furnished therein and do not include all the jobs/services mentioned in the tender document will be considered as incomplete and rejected.
4.0 The years of experience required for key personnel are specified in Scope of Work, Section II, Part-3 and bidder must give an undertaking to provide the key personnel as per the same. Bids shall be rejected if the key personnel offered do not meet the specified requirement.
4.1 Bidder must submit detailed Bio-data of all key personnel to be deployed for the whole period of the project, along with the technical bid. Bidder shall deploy the same persons whose Bio-data is offered in the bid for data acquisition and processing. They shall not be replaced or transferred without prior notification to the Company. Company’s approval is essential in case they are desired to be replaced by the bidder with equally competent persons satisfying minimum experience criteria and Company’s decision in this regard will be final.
The bidder shall complete mobilization as per Scope of Work (Section II) within 90 days after LOA and should also submit mobilization and completion of work plan within stipulated time schedule in Scope of Work (Section II). In case, the last date of scheduled mobilization of 90 days falls within non-operating period, the mobilization date would be extended up to end of monsoon break. Mobilisation and de-mobilization charges shall be paid only for one seismic vessel one time only during the period under this contract.
The Bidder is required to start the processing of the seismic data within 10 days of completion of seismic data acquisition in the respective block. If required, Bidder may initiate pre-processing jobs prior to completion of Data Acquisition of any block. However, this will be limited to data loading, Geometry update, QC, update of Navigation data, editing of the acquired seismic data, initial velocity picking, initial testing etc. of the lines/swaths on which data acquisition has completed. No processing parameter approval is sought before availability of entire seismic data for the respective block.
Company reserves the right for physical inspection of hardware and software resources and personnel prior to start of seismic data processing at their seismic data processing center. Any delay in mobilization period as specified shall attract liquidity damage as per the LD clause in tender document.
II. FINANCIAL EVALUATION CRITERIA:
1.0 Annual Financial Turnover of the Bidder during any of preceding three financial/ accounting years from the original bid closing date should be at least Rs. 166.89 Crores (or US$ 23.62 million).
2.0 "Net Worth" of the Bidder should be positive for the preceding financial/ accounting year.
3.0 Documentary evidence in the form of Audited Balance Sheet and Profit & Loss Account for the preceding 03 (three) financial/accounting years should be submitted along with the technical bid.
Considering the time required for preparation of Financial Statements, if the last date of preceding financial / accounting year falls within the preceding six months reckoned from the original bid closing date and the Financial Statements of the preceding financial/ accounting year are not available with the Bidder, then the financial turnover of the previous three financial / accounting years excluding the preceding financial / accounting year will be considered. In such cases, the Net worth of the previous financial/ accounting year excluding the preceding financial / accounting year will be considered. However, the Bidder has to submit an affidavit/undertaking certifying that 'the balance sheet/Financial Statements for the financial year (as the case may
be) has actually not been audited so far'. Notes:
(a) For proof of annual turnover & networth any one of the following documents must be submitted along with the bid: -
i. A certificate issued by a practicing Chartered Cost Accountant (with Membership Number and Firm Registration Number), certifying the Annual turnover & Net worth as per format prescribed in ANNEXURE-B.
ii. Audited Balance Sheet along with Profit & Loss account. In case of foreign Bidders, self-attested/ digitally signed printed published accounts are also acceptable.
b) In case the Bidder is a Central Govt. Organization/PSU/State Govt. Organization/Semi-State Govt. Organization or any other Central/State Govt. Undertaking, where the auditor is appointed only after the approval of Comptroller and Auditor General of India and the Central Government, their certificates may be accepted even though FRN is not available. However, Bidder to provide documentary evidence for the same.
3.1 In case the Audited Balance sheet and Profit Loss Account submitted along with the bid are in currencies other than INR or US$, the Bidder shall have to convert the figures in equivalent INR or US$ considering the prevailing conversion rate on the date on which the Audited Balance Sheet and Profit & Loss Account is signed. A Certificate authenticated by CA is to be submitted by the Bidder regarding converted figures in equivalent INR or US$.
4.0 In case the Bidder is a Consortium, then any one of the Consortium members individually shall have to meet the financial turn-over criteria as per Para II 1.0 above. Other Consortium members individually shall have to meet the financial turnover criteria of Rs. 83.45 Crores (or US$ 11.81 million) However, if the other consortium member / collaborator is a processing company then processing company shall have to meet the financial turnover criteria of minimum Rs. One Crore (or US$ 0.14 million)".
5.0 In case the Bidder is subsidiary company (should be 100% owned subsidiary of the parent/ultimate parent/holding company) who does not meet financial criteria by
itself and submits its bid based on the strength of parent/ultimate parent/holding company, then following documents need to be submitted.
i) Turnover of the parent/ultimate parent/holding company should be in line with Para II.1.0 above.
ii) Net Worth of the parent/ultimate parent/holding company should be positive.
iii) Corporate Guarantee (as per Attachment -IV) on parent/ultimate parent/holding company’s company letter head signed by an authorised official undertaking that they would financially support their wholly owned subsidiary company for executing the project/job in case the same is awarded to them.
iv) Document of subsidiary company being 100% owned subsidiary of the parent/ultimate parent/holding company.
III. COMMERCIAL EVALUATION CRITERIA:
The following vital commercial criteria should be strictly complied with failing which the bid will be rejected:
1.0 Bids shall be submitted under single stage two-bid system i.e. Technical Bid and Priced Bid separately. Bids shall be rejected outright if the prices are indicated in the technical bids or if not conforming to this two-bid system.
2.0 Bidder shall offer firm prices. Price quoted by the successful Bidder must remain firm during the execution of the contract and not subject to variation on any account.
3.0 Bids with shorter validity i.e. less than 120 days from the bid closing date shall be rejected as being non-responsive.
4.0 Bid Security in Original shall be furnished as a part of the Technical Bid and shall reach OIL's office at Kakinada (KG & BEP Project Office) before bid closing date & time. A scanned copy of the bid security shall however be uploaded in OIL's e-procurement portal along with the Technical Bid. The amount of Bid Security shall be as specified in the Forwarding Letter of the Bid Document. Bid without proper & valid Bid Security shall be rejected.
5.0 The Integrity Pact must be uploaded in OIL's e-procurement portal along with the Technical Bid duly signed by the same signatory who signed the Bid i.e. who is duly authorized to sign the Bid. If any Bidder refuses to sign Integrity Pact or declines to submit the Integrity Pact, their bid shall be rejected straightway.
6.0 Bids received through the e-procurement portal shall only be accepted. Bids received in any other from shall not be accepted.
7.0 The bid documents are not transferable. Bids made by Bidders who have not been issued the bid documents from the Company shall be rejected.
8.0 Bids shall be typed or written in indelible ink and shall be digitally signed by the Bidder or his authorized representative.
9.0 Bids shall contain no interlineations, erasures or over writing except as necessary to correct errors made by Bidders, in which case such corrections shall be initialled by the person(s) signing the bid.
10.0 Bidders shall bear, within the quoted rates, the personal tax as applicable in respect of their personnel and sub-contractor's personnel, arising out of execution of the contract.
11.0 Bidders shall bear, within the quoted rate, the corporate tax as applicable on the income from the contract.
12.0 Bidders shall quote their price exclusive of GST. The GST amount on the taxable part of the goods/services provided by the Contractor shall be paid by the Company as per provisions of the GST Act.
13.0 Any Bid containing false statement shall be rejected.
14.0 Bidders must quote clearly and strictly in accordance with the price schedule outlined in "Price Bid Format" (Proforma – B) of Bid Document; otherwise the Bid will be summarily rejected. However, if no charge is involved for any of the work/item, ‘NIL’ should be mentioned against such part of work. If any item in the Price Bid Format is left blank, then it will be construed that for that item bidder has quoted rate as “0”. However, if a bidder indicates that they are not quoting for all the items then their offer will be rejected.
15.0 Bidders shall quote directly and not through their Agent/ Representative/Retainer/Associate in India. Bids submitted by Indian Agent/ Representative/Retainer/Associate on behalf of their foreign principals will not be considered and will be rejected straightway. One Indian Agent/Representative/Retainer/Associate cannot represent more than one foreign principal.
16.0 Bidder must accept and comply with the following clauses as given in the Bid Document in Toto failing which bid will be rejected:–
i. Performance Guarantee Bond Clause
ii. Force Majeure Clause
iii. Tax Liabilities Clause
iv. Arbitration Clause
v. Acceptance of Jurisdiction and Applicable Law Clause
vi. Liquidated damage and penalty clause
vii. Safety& Labour Law Clause
viii. Termination Clause
ix. Integrity Pact
x. Withholding Clause
17.0 The Bids and all uploaded documents must be digitally signed using Class 3 digital certificate [e-commerce application (Certificate with personal verification and Organization name)] as per Indian IT Act obtained from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India [except copies of the documents required in physical form] should invariably be submitted in the ‘Technical Attachment Tab’ through OIL’s e-bidding portal, before the scheduled date and time for the tender
closing. All the documents uploaded shall be digitally signed by the authorized signatory of the bidder. However, the following documents (in original) should necessarily be submitted in physical form, in a sealed envelope:
(i) The original bid security and
(ii) The power of attorney or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the bidder.
17.1 The price bids, if any, submitted in physical form against e-procurement tenders shall not be given any cognizance.
18.0 Indian Bidders, whose proposal for technical collaboration/joint venture involves foreign equity participation or payment of royalty and/or lump sum for technical know- how and wherever Govt. approval is necessary, are required to submit copy of Govt. approval on their application prior to the date of price bid opening.
IV. GENERAL EVALUATION CRITERIAL:
1.0 The Statement of Compliance (enclosed PROFORMA – D) should be digitally signed and uploaded along with the Technical Bid (un-priced). In case Bidder takes exception to any clause of Tender Document not covered under BEC, then the Company has the discretion to load or reject the offer on account of such exception if the Bidder does not withdraw/modify the deviation when/as advised by the Company. The loading so done by the Company will be final and binding on the Bidders.
2.0 To ascertain the substantial responsiveness of the Bid the Company reserves the right to ask the Bidder for clarification in respect of clauses covered under BEC also and such clarifications fulfilling the BEC clauses in totality must be received on or before the deadline given by the Company, failing which the offer will be summarily rejected.
3.0 Any exception or deviation to the Tender requirements must be tabulated in PROFORMA-D of this Section by the Bidder in their Technical Bid only. Any additional information, terms or conditions included in the Commercial (Priced) Bid will not be considered by OIL for evaluation of the Tender.
4.0 The Integrity Pact (Annexure-A) must be uploaded in OIL’s e-procurement portal along with the Technical Bid digitally signed by the same signatory who digitally signed the Bid i.e. who is duly authorized to sign the Bid.
5.0 The Company reserves the right to cancel/withdraw the tender or annul the bidding process at any time prior to award of contract, without thereby incurring any liability to the Bidders or any obligation to inform the Bidders of the grounds of Company’s action.
6.0 If any clauses in the BEC contradict clauses elsewhere in the Bid Document, then the clauses in the BEC shall prevail.
7.0 Bid involving a party in any form whose name is appearing in the prevailing list of banned/blacklisted vendors of OIL INDIA LIMITED shall be rejected outright.
V. BID EVALUATION FOR QUALITY AND COST:
The bids conforming to the technical specifications, terms and conditions stipulated in the bidding document and considered to be responsive after subjecting to Bid Evaluation Criteria as above will be evaluated using Quality and Cost Based Selection Criteria (QCBS) method as given below for technical qualification:
1.0 Commercial Bids (price-bids) of only the technically qualified Bidders and have scored minimum Qualifying marks in Quality and Cost Based Selection Criteria (QCBS) method will be opened on a pre-determined date and the same will be evaluated taking in to account the following:
1.1 Contract will be awarded to the bidder scoring highest points evaluated using
1.2 The sum total cost of all components as per Price Bid Format (PROFORMA-B) quoted by the Bidder who has scored highest point using QCBS method will be considered as the Total estimated contract value for awarding the contract.
2.0 Bid involving a party in any form whose name is appearing in the prevailing list of banned/blacklisted vendors of OIL INDIA LIMITED shall be rejected outright.
3.0 It is, however, to be clearly understood that the assumptions made in respect of the quantity of various items in the Price Bid Format (PROFORMA-B) are only for the purpose of evaluation of the bids. The Contractor will be paid on the basis of actual quantum of jobs carried out during job execution. However, execution of jobs in excess of the quantity mentioned herein requires Company’s prior approval.
4.0 Arithmetical errors, if any, in the price bids will be rectified on the following basis.
“If there is a discrepancy between the unit rate and total amount (that is obtained by multiplying Unit Rate with Quantity), the unit rate shall prevail and the total amount shall be corrected accordingly. Similarly, if there is a discrepancy between words and figures, the amount quoted in words will prevail. If there is discrepancy between the percentage terms and calculated amount, the amount will be rectified by recalculating the amount as per the percentage terms. Any bidder who does not accept the said correction procedure, their bid will be rejected.”
5.0 For evaluation of the bids, B.C. Selling market rate of State Bank of India, CAG Branch, Kolkata, prevailing one day prior to the price bid opening or the latest rate available as on one day prior to the price bid opening will be considered. Where the time lag between the price bid opening and final decision exceeds three months, the rate of exchange prevailed on the date prior to the date of final decision will be adopted for Conversion into single currency.
6.0 Goods & Service Tax: The bidder is to quote the rates/prices inclusive of all statutory liabilities, except the Goods & Service Tax (GST). GST as applicable shall be extra to OIL’s account limiting to the rate quoted by the bidder until any statutory change takes place. However, the liability of payment of GST in case of Indian Bidder will rest on the Contractor while in case of foreign bidder not having any office in India; it will be Company’s liability to pay the applicable amount of GST to the Competent Authorities.
7.0 Customs Duty: In terms of Sl. No. 404 of the Customs Notification No.50/2017- Cus dated 30.06.2017, imports of the items specified in List 33 of the Notification attract levy of concessional rate of customs duty @5% (BCD Nil & IGST @5%) subject to conditions specified therein (Condition No. 48). However, this is subject to change as per Government guidelines and the provisions ruling at the time of tender closing will be applicable.
7.1 The bidder while quoting would need to consider the duty drawback as per notification No. 23/2008 dated 01.03.2008 available to them upon re-export of the equipment, if any. The bidder should also note that input tax credit would also be available to them on the IGST paid by them excluding duty drawback and this aspect should also be considered by them while quoting their rates.
7.2 Bidders are to declare the detailed information regarding the equipment, consumables etc. required to be imported in to India in connection with these operations in Proforma-A (enclosed) for providing recommendatory letter to DGH for issuance of Essentiality Certificate to import goods at concessional customs duty.
VI. THIS TENDER WILL BE EVALUATED ON THE BASIS OF QUALITY AND COST BASED SELECTION (QCBS) CRITERIA. THE QCBS CRITERIA IS GIVEN BELOW:
1.1 EVALUATION OF BIDS FOR QUALITY
i. Bids qualifying as per Technical Evaluation Criteria (I above) and Financial Evaluation Criteria (II above) shall be eligible for this evaluation.
ii. Bids shall be evaluated both in terms of Quality as well as Quoted Price
i.e. Quality & Cost Based Selection (QCBS) methodology. The weightage for
Quality is 50 and the weightage for the Quoted price is 50.
iii. The marks allocated against various subsections under Quality of Bid shall be as hereafter.
The points on technical qualification will be given as per table below
3D Marine Seismic Data Acquisition Experience:
Bidder’s experience in the field of 3D marine seismic data acquisition in last Seven (7) years:
Successfully completed all types of 3D marine seismic acquisition (towed streamers) volumes will be considered for evaluation.
(Number of years to be reckoned from the original bid closing date).
Cumulative total of 1,020 SQKM to 4,000
SQKM of 3D Marine Seismic Survey.
Cumulative total of 4,000 SQKM to 6,000
SQKM of 3D Marine Seismic Survey.
Cumulative total of more than 6,000 SQKM of
3D Marine Seismic Survey.
2D Marine Seismic Data Acquisition Experience:
Bidder’s experience in the field of 2D marine seismic data acquisition in last Seven (7) years:
Successfully completed all types of 2D marine seismic acquisition (towed streamers) volumes will be considered for evaluation.
(Number of years to be reckoned from the original bid closing date).
Cumulative total of 8,400 LKM to 10,000 LKM
of 2D Marine Seismic Survey.
Cumulative total of 10,000 LKM to 20,000
LKM of 2D Marine Seismic Survey.
Cumulative total of more than 20,000 LKM of
2D Marine Seismic Survey.
In case of two vessels offer: one for 3D Seismic and one for 2D Seismic, the average of both vessel age will be considered for evaluation.
(Number of years to be reckoned from the original bid closing date).
More than 15 years but less than or equal to 20 years
More than 10 years but less than or equal to 15 years
Equal to 10 years or less
3D Marine Seismic Data Processing Experience:
Bidder’s experience in the field of 3D seismic data, Time and depth processing.
(Number of years to be reckoned from the original bid closing date).
More than 5 years but less than or equal to 7
More than 7 years but less than or equal to 10
More than 10 years
No of Acquisition Projects:
Number of 3D marine seismic data acquisition projects
completed by the bidder in last 7 years.
More than 7 projects but less than or equal to 10 projects.
More than 10 projects but less than or equal to 12 projects.
More than 12 projects.
I. The offer scoring less than 25 points on technical qualification will not qualify for further commercial evaluation and will be considered as rejected.
II. It shall be the bidder’s responsibility to ensure submission of unambiguous
/clear and sufficient documentary evidence in support of the evaluation criteria.
III. OIL reserves the right to verify any or all data/document/information provided by the bidder. False statement by Bidder will make it liable for appropriate action.
1.2 EVALUATED BID PRICE:
Qualified Bids (subjected to Bid evaluation/rejection Criteria and meeting the minimum Qualifying Marks of 25 in Quality Criteria) and conforming to the technical specifications, terms and conditions stipulated in the bidding document and considered to be responsive and shall be considered for further evaluation as per the Evaluation Criteria given below:
1.0 The Bidders must quote their charges/ rates in the manner as called for vide
"Schedule of Rates" under Part-3, Section-IV and the summarized Price Bid Format vide enclosed Proforma-B.
2.0 Commercial Bids shall be evaluated taking into account the Price quoted as per Proforma-B including quoted GST.
3.0 Quoted price must include all liabilities and taxes including statutory liabilities but excluding GST which shall be quoted separately in the Price Bid format.
4.0 The lump sum Mobilization Charges quoted by the Bidders (excluding GST) should not exceed 2% (two percent) of the total evaluated Contract value (excluding GST).
5.0 The quoted De-Mobilization charges (excluding GST) should not exceed 2% (two percent) of the total evaluated contract value (excluding GST).
6.0 Evaluation of the responsive bids will be made subject to loading for any deviation. Commercial Bids shall be evaluated taking into account the rates quoted in the PRICE BID FORMAT as per Proforma – B.
TOTAL ESTIMATED CONTRACT VALUE/EVALUATED BID PRICE O=A+B+C+D+E+F+G+H+I+J+K+L+N
Where, (O) = TOTAL COST OF 2D and 3D SEISMIC DATA ACQUISITION, PROCESSING and OPTIONAL PROCESSING (INCLUDING GST)
1.3 INTER-SE-RANKING OF THE QUALIFIED BIDS:
To ascertain the inter-se-ranking of the bids the Quality & Cost Based Selection (QCBS) methodology as mentioned below shall be adopted:
An Evaluated Bid Score (B) will be calculated for each bid, which meets the minimum Qualifying marks of 25 in Quality Evaluation Criteria, using the following formula in order to have a comprehensive assessment of the Bid price and the Quality of each bid:
B= (C low/C) *100*X + (T/Thigh) *100*(1-X)
C = Evaluated Bid Price of the bidder
C low = The lowest of the evaluated bid prices among responsive bids T = The total marks obtained by the bidder against Quality criteria
Thigh = The total marks achieved by the best bid among all responsive bids against Quality criteria
X = 0.5(The weightage for Quality is 50 and the weightage for the Quoted price is 50)
Note: The Evaluated Bid Score (B) shall be considered up to two decimal places.
1.4 The bid with the highest Evaluated Bid Score (B) will be recommended for award of contract subject to the following:
In the event of two or more bids having the same highest Evaluated Bid Score (B), the bid scoring the highest marks against Quality criteria will be recommended for award of contract.
PART 3 SECTION-I
GENERAL CONDITIONS OF CONTRACT
1.1 In the contract, the following terms shall be interpreted as indicated:
(a) "The Contract" means agreement entered into between Company and Contractor, as recorded in the contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein;
(b) "The Contract Price" means the price payable to Contractor under the contract for the full and proper performance of its contractual obligations;
(c) "Company" or "OIL" means Oil India Limited;
(d) "Contractor" means the Contractor performing the work under this Contract.
(e) "Contractor's Personnel" means the personnel to be provided by the Contractor to provide services as per the contract.
(f) "Company's Personnel" means the personnel to be provided by OIL or OIL's Contractor (other than the Contractor executing the Contract). The Company representatives of OIL are also included in the Company's personnel.
(g) “Contractor’s items” means the equipment, materials and services, which are to be provided by Contractor or to be provided by Company at the expense of the Contractor, which are listed in Tender Document under Terms of Reference and Technical Specifications.
(h) “Company’s items” means the equipment, materials and services, which are to be provided by Company at the expense of Company and listed in the Contract.
(i) “Company Representative” means the person or persons appointed and approved from time to time by the Company to act on its behalf for overall coordination and project management purpose.
(j) "The Work" means each and every activity required for the successful performance of the services described in Section II, the Terms of Reference.
(k) “Day” means a calendar day of twenty-four (24) consecutive hours beginning at 07:00 hrs. and ending at 07:00 hrs.
(l) “Party” means either the Company or Contractor as the context so permits and, as expressed in the plural, shall mean the Company and Contractor collectively.
(m) “Site” means the land and other places, on/under/ in or through which the works are to be executed by the Contractor and any other land and places provided by the Company for working space or any other purpose as designated hereinafter as forming part of the Site.
(n) “Gross Negligence” means any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing, Gross negligence shall not include any action taken in good faith for the safeguard of life or property.
(o) “Wilful Misconduct” means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.
(p) “Affiliate” means any Person Which Controls, or is Controlled by, or under common Control with a Party; “Control” in this context means ownership of more than fifty percent (50%) of the shares of a Person and/or the right to appoint majority directors on Board by contract or otherwise.
(q) “Co-venturers” shall mean any co-venturers with the Company from time to time having an interest in either the PSC and/or a Joint and/or associated contracts for the purposes of exploration and production in Operating Contract the Operating Area and on whose behalf the Company would be deemed to have entered into this Contract.
(r) “Operating Months” for seismic survey in this part of India generally means the period from October to May as monsoon break prevails from June to September.
(s) The Field seasons shall imply and be defined as the number of Operating months from October to May as monsoon break prevails generally from June to September in this part of India.
2.0 EFFECTIVE DATE, MOBILISATION TIME/DE-MOBILIZATION TIME, DATE OF COMMENCEMENT OF THE CONTRACT AND DURATION OF CONTRACT:
2.1 EFFECTIVE DATE OF CONTRACT: The contract shall become effective as of the date Company notifies the Contractor in writing that it has been awarded the contract. This date of issuance of Letter of Award (LOA) by the Company will be the Effective Date of Contract.
2.2 MOBILISATION/De-MOBILISATION TIME OF THE CONTRACT: Company expect quick mobilization of seismic vessel(s) to be deployed concurrently to commence the work, within 90 days. Contractor must apply for necessary clearances to the different agencies of Government of India & Govt. of Kerala and Union Territory of Andaman & Nicobar Islands pertaining to various Licenses (i.e. Radio Communication License), Mobilization of Equipment & Manpower, and
Permission to work in Area immediately after issue of Letter of Award (LOA) by Company. In case, the last date of scheduled mobilization of 90 days falls within the non- operating period or in case of early advent of monsoon, Company reserves the right to extend the mobilization date up to end of monsoon break.
Mobilization of seismic vessel shall be deemed to be complete when:
a) The seismic vessel(s) (out of the vessel(s) proposed for deployment and as confirmed one day prior to price bid opening) is deployed and put on for survey work as per the relevant clause.
b) Contractor will be required to mobilize seismic vessel(s), out of the above vessels. All the equipments are fully tested, calibrated and put into operation as specified in Appendix “A” of section –II and also acquisition of:
Sector-I: 100 PLKM or one complete pre plot sail line, which ever maximum, of 3D seismic data acquisition, as the case may be, is completed in KK- OSHP-2018/1 and accepted by Company’s QC representative.
Sector-II: One 2D seismic line (at least 100 LKM) data acquisition is completed in AN-OSHP-2018/1 or AN-OSHP-2018/2 and accepted by Company’s QC representative
The time spent on the pre-acquisition experimental work is inclusive in the above mobilization period. However, time spent on acquisition of minimum production in Sector-I or Sector-II (as defined above) will not be part of mobilization period and payment against the same will be made as per actual in line with Contractor’s quoted rate for respective line item.
2.3 DATE OF COMMENCEMENT OF CONTRACT: The date on which the mobilization is completed in all respects will be treated as date of Commencement of Contract.
2.4 DURATION OF CONTRACT: The contract shall be valid for a period of Twelve (12) months (including monsoon break) from the Date of Commencement of the Contract.
3.0 GENERAL OBLIGATIONS OF CONTRACTOR: Contractor shall, in accordance with and subject to the terms and conditions of this Contract:
3.1 Perform the work described in the Terms of Reference (Part-3, Section-II) in most economic and cost-effective way.
3.2 Except as otherwise provided in the Terms of Reference and the Special Conditions of the Contract, provide all labour as required to perform the work.
3.3 Perform all other obligations, work and services which are required by the terms of this contract or which reasonably can be implied from such terms as being necessary for the successful and timely completion of the work.
3.4 Contractor shall be deemed to have satisfied himself before submitting their bid as to the correctness and sufficiency of its bid for the services required and
of the rates and prices quoted, which rates and prices shall, except insofar as otherwise provided, cover all its obligations under the contract.
3.5 Contractor shall give or provide all necessary supervision during the performance of the services and as long thereafter within the warranty period as Company may consider necessary for the proper fulfilling of contractor's obligations under the contract.
4.0 GENERAL OBLIGATIONS OF THE COMPANY: Company shall, in accordance with and subject to the terms and conditions of this contract:
4.1 Pay Contractor in accordance with terms and conditions of the contract. The period of time for which each rate shall be applicable shall be computed from and to the nearest an hour. The rates contained in the Contract shall be based on Contractor’s operation being conducted on a seven (07) days week and a twenty- four (24) hours work day. Under the Contract, Contractor will be entitled to the applicable rate defined in Section IV /Proforma–B. These rates are payable when the required condition has existed for a full 24 hours’ period. If the required condition existed for less than 24 hours, then payments shall be made on pro- rata basis.
4.2 Allow Contractor access, subject to normal security and safety procedures, to all areas as required for orderly performance of the work.
4.3 Perform all other obligations required of Company by the terms of this contract.
5.0 PERSONNEL TO BE DEPLOYED BY CONTRACTOR:
5.1 Contractor warrants that it shall provide competent, qualified and sufficiently experienced personnel to perform the work correctly and efficiently.
5.2 The Contractor should ensure that their personnel observe applicable company and statutory safety requirement. Upon Company's written request, Contractor, entirely at his own expense, shall remove immediately any personnel of the Contractor determined by the Company to be unsuitable and shall promptly replace such personnel with personnel acceptable to the Company. Replacement personnel should be mobilized within ten (10) days from the date of issuance of notice without affecting the operation of the company.
5.3 The Contractor shall be solely responsible throughout the period of the contract for providing all requirements of their personnel including but not limited to, their transportation to & fro to Kerala and Andaman & Nicobar Islands
/field site, en-route/ local boarding, lodging & medical attention etc. Company shall have no responsibility or liability in this regard.
5.4 Contractor's key personnel shall be fluent in English language (both writing and speaking).
6.0 WARRANTY AND REMEDY OF DEFECTS:
6.1 Contractor warrants that it shall perform the work in a professional manner and in accordance with their highest degree of quality, efficiency, and with the
state-of-the-art technology/inspection services and in conformity with all specifications, standards and drawings set forth or referred to in the Technical Specifications. They should comply with the instructions and guidance; which Company may give to the Contractor from time to time.
6.2 Should Company discover at any time during the tenure of the Contract or till the Unit/equipment/tools are demobilized from site or base camp (if applicable) that the work does not conform to the foregoing warranty, Contractor shall after receipt of notice from Company, promptly perform any and all corrective work required to make the services conform to the Warranty. Such corrective Work shall be performed entirely at Contractor’s own expenses. If such corrective Work is not performed within a reasonable time, the Company, at its option may have such remedial Work performed by others and charge the cost thereof to Contractor subject to a maximum of the contract value payable for the defective work which needs corrective action which the Contractor must pay promptly. In case Contractor fails to perform remedial work, or pay promptly in respect thereof, the performance security shall be forfeited.
7.0 CONFIDENTIALITY, USE OF CONTRACT DOCUMENTS AND INFORMATION:
7.1 Contractor shall not, without Company's prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing pattern, sample or information furnished by or on behalf of Company in connection therewith, to any person other than a person employed by Contractor in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far, as may be necessary for purposes of such performance with prior permission from Company. However, nothing hereinabove contained shall deprive the Contractor of the right to use or disclose any information:
(a) which is possessed by the Contractor, as evidenced by the Contractor's written records, before receipt thereof from the Company which however the Contractor shall immediately inform to Company; or
(b) which is required to be disclosed by the Contractor pursuant to an order of a court of competent jurisdiction or other governmental agency having the power to order such disclosure, provided the Contractor uses its best efforts to provide timely notice to Company of such order to permit Company an opportunity to contest such order subject to prior permission from Company.
7.2 Contractor shall not, without Company's prior written consent, make use of any document or information except for purposes of performing the contract.
7.3 Any document supplied to the Contractor in relation to the contract other than the Contract itself remain the property of Company and shall be returned (in all copies) to Company on completion of Contractor's performance under the Contract if so required by Company.
7.4 During this Contract, Company and its employees, agents, other contractors, sub-contractors (of any tier) and their employees etc. may be exposed to certain confidential information and data of the Contractor. Such information and data shall have held by the Company, its employees, agents, other contractors, sub-
contractors (of any tier) and their employees in the strictest Confidence and shall not be disclosed to any other party except on a need to know basis.
7.5 However, the above obligation shall not extend to information which:
i) is, at the time of disclosure, known to the public which Contractor shall immediately inform Company;
ii) is lawfully becomes at a later date known to the public through no fault of Contractor subject to Contractor's undertaking that no information has been divulged by them to the public;
iii) is lawfully possessed by Contractor before receipt thereof from Company which should be immediately informed to Company;
iv) is developed by Contractor independently of the information disclosed by Company which should be shared with the Company;
v) Contractor is required to produce before competent authorities or by court order subject to prior permission from Company;
8.1 Tax levied on Contractor as per the provisions of Indian Income Tax Act and any other enactment/rules on income derived/payments received under the contract will be on Contractor’s account.
8.2 Contractor shall be responsible for payment of personal taxes, if any, for all their personnel deployed in India by Contractor.
8.3 The Contractor shall furnish to the Company, if and when called upon to do so, relevant statement of accounts or any other information pertaining to work done under the contract for submitting the same to the Tax authorities, on specific request from them in accordance with provisions under the law. Other than the information provided by the Contractor, the Contractor shall not be responsible for any inaccurate information provided by the Company to the Tax authorities and the Company shall indemnify the Contractor for all claims, expenses, costs or losses of any nature arising from such inaccuracy. Contractor shall be responsible for preparing and filing the return of income etc. within the prescribed time limit to the appropriate authority.
8.4 Prior to start of operations under the contract, the Contractor shall furnish the Company with the necessary documents, as asked for by the Company and/ or any other information pertaining to the contract, which may be required to be submitted to the Income Tax authorities at the time of obtaining "No Objection Certificate" for releasing payments to the Contractor.
8.5 Corporate income tax will be deducted at source from the invoice at the specified rate of income tax as per the provisions of Indian Income Tax Act as may be in force from time to time and Company will issue TDS Certificate to the Contractor as per the provisions of Income Tax Act.
8.6 Corporate and personnel taxes on Contractor shall be the liability of the Contractor and the Company shall not assume any responsibility on this account.
8.7 All local taxes, levies and duties on purchases and sales made by Contractor (except basic customs duty) shall be borne by the Contractor.
8.8 Goods and Services Tax (GST): The quoted prices should be exclusive of GST and the GST as applicable shall be to the Company account. The GST amount on the taxable part of the services provided by the Contractor shall be paid by the Company as per provisions of the GST Act. Bidder should take note of the following while submitting their offer in GST regime.
G1. “GST” shall mean Goods and Services Tax charged on the supply of material(s) and services. The term “GST” shall be construed to include the Integrated Goods and Services Tax (hereinafter referred to as “IGST”) or Central Goods and Services Tax (hereinafter referred to as “CGST”) or State Goods and Services Tax (hereinafter referred to as “SGST”) or Union Territory Goods and Services Tax (hereinafter referred to as “UTGST”) depending upon the import / interstate or intrastate supplies, as the case may be. It shall also mean GST compensation Cess, if applicable.
G2. The quoted price shall be deemed to be inclusive of all taxes and duties except “Goods and Services Tax” (hereinafter called GST) (i.e. IGST or CGST and SGST/UTGST applicable in case of interstate supply or intra state supply respectively and GST compensation Cess if applicable).
G3. Contractor/vendor shall be required to issue tax invoice in accordance with GST Act and/or Rules so that input credit can be availed by OIL (Oil India Limited)/Client. In the event that the contractor / vendor fails to provide the invoice in the form and manner prescribed under the GST Act read with GST Invoicing Rules thereunder, OIL / Client shall not be liable to make any payment on account of GST against such invoice.
G4. GST shall be paid against receipt of tax invoice and proof of payment of GST to government. In case of non-receipt of tax invoice or non-payment of GST by the contractor/vendor, OIL shall withhold the payment of GST.
G5. GST payable under reverse charge for specified services or goods under GST act or rules, if any, shall not be paid to the contractor/vendor but will be directly deposited to the Government by OIL/Client.
G6. Where OIL/client has the obligation to discharge GST liability under reverse charge mechanism and OIL/client has paid or is /liable to pay GST to the Government on which interest or penalties becomes payable as per GST laws for any reason which is not attributable to OIL/client or ITC with respect to such payments is not available to OIL/client for any reason which is not attributable to OIL/client, then OIL/client shall be entitled to deduct/ setoff / recover such amounts against any amounts paid or payable by OIL/Client to Contractor / Supplier.
G7. The Supplier shall always comply with the requirements of applicable laws and provide necessary documents as prescribed under the Rules & Regulations, as applicable from time to time. In particular, if any tax credit, refund or other benefit is denied or delayed to OIL / Project Owner due to any non-compliance / delayed compliance by the Supplier under the Goods & Service Tax Act (such as failure to upload the details of the sale on the GSTN portal, failure to pay GST to the Government) or due to non-furnishing or furnishing of incorrect or incomplete documents by the Supplier, the Supplier shall be liable to reimburse OIL / Project Owner for all such losses and other consequences including, but not limited to the tax loss, interest and penalty.
G8. Notwithstanding anything contained anywhere in the Agreement, in the event that the input tax credit of the GST charged by the Contractor / Vendor is denied by the tax authorities to OIL / Client for reasons attributable to Contractor / Vendor, OIL / client shall be entitled to recover such amount from the Contractor / Vendor by way of adjustment from the next invoice. In addition to the amount of GST, OIL / client shall also be entitled to recover interest at the rate prescribed under GST Act and penalty, in case any penalty is imposed by the tax authorities on OIL
/ Project Owner.
G9. TDS under GST, if applicable, shall be deducted from contractor’s/vendor’s bill at applicable rate and a certificate as per rules for tax so deducted shall be provided to the contractor/vendor.
G10. The Contractor will be under obligation for charging correct rate of tax as prescribed under the respective tax laws. Further the Contractor shall avail and pass on benefits of all exemptions/ concessions available under tax laws. Any error of interpretation of applicability of taxes/duties by the Contractor shall be to Contractor’s account.
G11. The contractor will be liable to ensure to have registered with the respective tax authorities and to submit self-attested copy of such registration certificate(s) and the Contractor will be responsible for procurement of material in its own registration (GSTIN) and also to issue its own Road Permit/ E-way Bill, if applicable etc.
G12. In case the bidder is covered under Composition Scheme under GST laws, then bidder should quote the price inclusive of the GST (CGST & SGST/UTGST or IGST). Further, such bidder should mention “Cover under composition system” in column for GST (CGST & SGST/UTGST or IGST) of price schedule.
G13. OIL/client will prefer to deal with registered supplier of goods/ services under GST. Therefore, bidders are requested to get themselves registered under GST, if not registered yet. However, in case any unregistered bidder is submitting their bid, their prices will be loaded with applicable GST while evaluation of bid. Where OIL/client is entitled for input credit of GST, the same will be considered for evaluation of bid as per evaluation methodology of tender document.
G.14 In case of statutory variation in GST, other than due to change in turnover, payable on the contract value during contract period, the Supplier of Goods/Services (Service Provider) shall submit a copy of the 'Government Notification' to evidence the rate as applicable on the Bid due date and on the date of revision.
Beyond the contract period, in case OIL is not entitled for input tax credit of GST, then any increase in the rate of GST beyond the contractual delivery period shall be to Service provider’s account whereas any decrease in the rate GST shall be passed on to the OIL.
Beyond the contract period, in case OIL is entitled for input tax credit of GST, then statutory variation in applicable GST on supply and on incidental services, shall be to OIL’s account.
Claim for payment of GST/Statutory variation, should be raised within two  months from the date of issue of 'Government Notification' for payment of differential (in %) GST, otherwise claim in respect of above shall not be entertained for payment of arrears.
The base date for the purpose of applying statutory variation shall be the Bid Opening Date.
G.15 The Contractor will be liable to ensure to have registered with the respective tax authorities, wherever applicable and to submit self-attested copy of such registration certificate(s) and the Contractor will be responsible for procurement of material in its own registration (GSTIN) and also to issue its own Road Permit/E-way Bill, if applicable etc.
G.16 Procurement of Specific Goods: Earlier, there is no tax incidence in case of import of specified goods (i.e. the goods covered under List-34 of Customs Notification no. 12/2012-Cus dated. 17.03.2012 as amended). Customs duty is not payable as per the policy. However, under GST regime, IGST Plus GST compensation cess (if applicable) would be leviable on such imports.
G.17 In case of Foreign Bidders, where foreign bidder does not have permanent establishment in India, for supervision/training services by foreign supervisor at Project Site, Goods & Service Tax (GST) shall be paid by Owner to tax authorities.
G18. Documentation requirement for GST
The vendor will be under the obligation for invoicing correct tax rate of tax/duties as prescribed under the GST law to Owner/OIL, and pass on the benefits, if any, after availing input tax credit.
Any invoice issued shall contain the following particulars-
a. Name, address and GSTIN of the supplier;
b. Serial number of the invoice;
c. Date of issue;
d. Name, address and GSTIN or UIN, if registered of the recipient;
e. Name and address of the recipient and the address of the delivery, along with the State and its code,
f. HSN code of goods or Accounting Code of services;
g. Description of goods or services;
h. Quantity in case of goods and unit or Unique Quantity Code thereof;
i. Total value of supply of goods or services or both;
j. Taxable value of supply of goods or services or both taking into discount or abatement if any;
k. Rate of tax (IGST, CGST, SGST/ UTGST, cess);
l. Amount of tax charged in respect of taxable goods or services (IGST, CGST, SGST/ UTGST, cess);
m. Place of supply along with the name of State, in case of supply in the course of inter-state trade or commerce;
n. Address of the delivery where the same is different from the place of supply and
o. Signature or digital signature of the supplier or his authorised representative.
GST invoice shall be prepared in triplicate, in case of supply of goods, in the following manner-
(a) The original copy being marked as ORIGINAL FOR RECIPIENT;
(b) The duplicate copy being marked as DUPLICATE FOR TRANSPORTER and
(c) The triplicate copy being marked as TRIPLICATE FOR SUPPLIER.
In case of any advance given against any supplies contract, the supplier of the goods shall issue Receipt Voucher containing the details of details of advance taken along with particulars as mentioned in clause no. G.18. (a), (b), (c), (d), (g), (k), (l), (m) & (o) above.
G19. GENERAL REMARKS ON TAXES & DUTIES:
In view of GST Implementation from 1st July 2017, all taxes and duties including Excise Duty, CST/VAT, Service tax, Entry Tax and other indirect taxes and duties have been submerged in GST. Accordingly, reference of Excise Duty, Service Tax, VAT, Sales Tax, Entry Tax, E1/E2 Forms, and any other form of indirect tax except of GST mentioned in this bidding document shall be ignored.
G.20 In case the GST rating of vendor on the GST portal / Govt. official website is negative / black listed, then the bids may be rejected by OIL. Further, in case rating of bidder is negative / black listed after award of work for supply of goods / services, then OIL shall not be obligated or liable to pay or reimburse GST to such vendor and shall also be entitled to deduct / recover such GST along with all penalties / interest, if any, incurred by OIL.
9.1 The Contractor shall arrange insurance to cover all risks in respect of their personnel, materials and equipment belonging to the Contractor or its subcontractor (if applicable) during the currency of the contract including the
third-party items/consumables. For materials/equipment belong to the Contractor or its sub-contractor, Contractor may self-insure the same.
9.2 Contractor shall at all time during the currency of the contract provide, pay for and maintain the following insurance amongst others:
a) Workmen compensation insurance as required by the laws of the country of origin of the employee.
b) Employer's Liability Insurance as required by law in the country of origin of employee.
c) General Public Liability Insurance or Comprehensive General Liability insurance covering liabilities including contractual liability for bodily injury, including death of persons, and liabilities for damage of property. This insurance must cover all operations of Contractor required to fulfil the provisions under this contract.
d) Contractor's equipment used for execution of the work hereunder shall have an insurance cover with a suitable limit (as per international standards) or Contractor may self-insure its tools/ equipment.
e) Automobile Public Liability Insurance covering owned and hired automobiles used in the performance of the work hereunder, with bodily injury limits and property damage limits as governed by Indian Insurance regulations.
f) Public Liability Insurance as required under Public Liability Insurance Act 1991.
9.3 Any deductible set forth in any of the above insurance shall be borne by Contractor.
9.4 Contractor shall furnish to Company prior to commencement date, certificates of all its insurance policies covering the risks mentioned above.
9.5 If any of the above policies expire or are cancelled during the term of this contract and Contractor fails for any reason to renew such policies, then the Company will renew/replace same and charge the cost thereof to Contractor. Should there be a lapse in any insurance required to be carried out by the Contractor for any reason whatsoever, loss/damage claims resulting there from shall be to the sole account of Contractor.
9.6 Contractor shall require all of his sub-contractors to provide such of the foregoing insurance coverage as Contractor is obliged to provide under this Contract and inform the Company about the coverage prior to the commencement of agreements with its sub-contractors.
9.7 All insurance taken out by Contractor or their sub-contractor shall be endorsed to provide that the underwriters waive their rights of recourse on the Company and to the extent of the liabilities assumed by Contractor under this Contract.
9.8 Contractor shall obtain additional insurance or revise the limits of existing insurance as per Company's request in which case additional cost shall be to Contractor's account.
10.1 During the performance of the work, Company may make minor change to take care of any supplementary work within the general scope of this Contract including, but not limited to, changes in methodology, and minor additions to or deletions from the work to be performed. Contractor shall perform the work as changed. Changes of this nature will be affected by written order by the Company.
10.2 If any change result in an increase in compensation due to Contractor or in a credit due to Company, Contractor shall submit to Company an estimate of the amount of such compensation or credit in a form prescribed by Company. Such estimates shall be based on the rates shown in the Schedule of Rates (Part-3, Section IV) read with Proforma-B. Upon review of Contractor's estimate, Contractor shall establish and set forth in the Change Order the amount of the compensation or credit for the change or a basis for determining a reasonable compensation or credit for the change. If Contractor disagrees with compensation or credit set forth in the Change Order, Contractor shall nevertheless perform the work as changed, and the parties will resolve the dispute in accordance with Clause 13 hereunder. Contractor's performance of the work as changed will not prejudice Contractor's request for additional compensation for work performed under the Change Order.
11.0 FORCE MAJEURE:
11.1 In the event of either party being rendered unable by `Force Majeure' to perform any obligation required to be performed by them under the contract, the relative obligation of the party affected by such `Force Majeure' will stand suspended for the period during which such cause lasts. The word `Force Majeure' as employed herein shall mean acts of God, war, revolt, agitation, strikes, riot, fire, flood, sabotage, civil commotion, road barricade (but not due to interference of employment problem of the Contractor), acts of government of the two parties, which makes performance impossible or impracticable and any other cause, whether of kind herein enumerated or otherwise which are not within the control of the party to the contract and which renders performance of the contract by the said party impossible.
11.2 Upon occurrence of such cause and upon its termination, the party alleging that it has been rendered unable as aforesaid thereby, shall notify the other party in writing within seventy-two (72) hours of the alleged beginning and ending thereof, giving full particulars and satisfactory evidence in support of its claim.
11.3 Should `force majeure' condition as stated above occurs and should the same be notified within seventy-two (72) hours after its occurrence the `force majeure' rate shall apply for the first fifteen (15) days. Parties will have the right to terminate the Contract if such `force majeure' conditions continue beyond successive fifteen (15) days with prior written notice. Should either party decide not to terminate the Contract even under such condition, no payment would apply after expiry of fifteen (15) days force majeure period unless otherwise agreed to.
12.1 TERMINATION ON EXPIRY OF THE TERMS (DURATION): This contract shall be deemed to have been automatically terminated on the expiry of duration of the contract, thereof.
12.2 TERMINATION ON ACCOUNT OF FORCE MAJEURE: Either party shall have the right to terminate this Contract on account of Force Majeure as set forth in Article 11.0 above.
12.3 TERMINATION ON ACCOUNT OF INSOLVENCY: In the event that the Contractor or its collaborator at any time during the term of the Contract, becomes insolvent or makes a voluntary assignment of its assets for the benefit of creditors or is adjudged bankrupt, then the Company shall, by a notice in writing have the right to terminate the Contract and all the Contractor’s rights and privileges hereunder, shall stand terminated forthwith.
12.4 TERMINATION FOR UNSATISFACTORY PERFORMANCE: If the Company considers that, the performance of the Contractor is unsatisfactory, or not upto the expected standard, the Company shall notify the Contractor in writing and specify in details the cause of the dissatisfaction. The Company shall have the option to terminate the Contract by giving 15 days’ notice in writing to the Contractor, if Contractor fails to comply with the requisitions contained in the said written notice issued by the Company.
12.5 TERMINATION DUE TO CHANGE OF OWNERSHIP & ASSIGNMENT: In case the Contractor's rights and /or obligations under this Contract and/or the Contractor's rights, title and interest to the equipment/ material, are transferred or assigned without the Company's consent, the Company may at its absolute discretion, terminate this Contract.
12.6 TERMINATION DUE TO NON-AVAILABILITY OF EQUIPMENT/PERSONNEL: If at any time during the term of this Contract, breakdown of Contractor's equipment results in contractors being unable to perform their obligations hereunder for a period of 15 successive days, Company at its option, may terminate this Contract in its entirely without any further right or obligation on the part of the Company, except for the payment of money then due. No notice shall be served by the Company under the condition stated above.
12.7 TERMINATION DUE TO DELAY IN MOBILISATION:
The company shall have the right to terminate the contract without prejudice to any of the clauses of the Contract on account of delay in mobilization.
12.8 Notwithstanding any provisions herein to the contrary, the Contract may be terminated at any time by the company on giving 15 (fifteen) days written notice to the Contractor due to any other reason not covered under the above clause from 12.1 to 12.7 and in the event of such termination the Company shall not be liable to pay any cost or damage to the Contractor except for payment of services as per the Contract up to the date of termination including the Demobilization cost, if any.
12.9 CONSEQUENCES OF TERMINATION:
In all cases of termination herein set forth, the relative obligations of the parties to the Contract shall be limited to the period up to the date of termination. Notwithstanding the termination of this Contract, the parties shall continue to be bound by the provisions of this Contract that reasonably require some action or forbearance after such termination.
12.10 Upon termination of this Contract, Contractor shall return to Company all of Company's items, which are at the time in Contractor's possession.
12.11 In the event of termination of contract, Company will issue Notice of termination of the contract with date or event after which the contract will be terminated. The contract shall then stand terminated and the Contractor shall demobilize their personnel & materials.
12.12 Demobilization Charges in the event of termination under clause 12.3, 12.4, 12.5 and 12.6 will not be payable.
13.0 SETTLEMENT OF DISPUTES AND ARBITRATION:
13.1 Arbitration (Applicable for Suppliers/contractors other than PSU): Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, in connection with construction, meaning, operation, effect, interpretation of the contract or breach thereof which parties are unable to settle mutually, the same shall be referred to Arbitration as provided hereunder:
1. A party wishing to commence arbitration proceeding shall invoke Arbitration Clause by giving 30 days’ notice to the other party. The notice invoking arbitration shall specify all the points of dispute with details of the amount claimed to be referred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral tribunal.
2. The number of arbitrators and the appointing authority will be as under:
Claim amount (excluding claim for interest and counter claim, if any)
Number of Arbitrator
Up to INR 5 Crore
Above INR 5 Crore
One Arbitrator by each party and the 3rd Arbitrator, who shall be the presiding Arbitrator, by the two
3. The parties agree that they shall appoint only those persons as arbitrators who accept the conditions of the arbitration clause. No person
shall be appointed as Arbitrator or Presiding Arbitrator who does not accept the conditions of the arbitration clause.
4. Parties agree that there will be no objection if the Arbitrator appointed holds equity shares of OIL and/or is a retired officer of OIL/any PSU. However, neither party shall appoint its serving employees as arbitrator.
5. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party/arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left if both parties consent for the same; otherwise, he shall proceed de novo.
6. Parties agree that neither shall be entitled for any pre-reference or pendente-lite interest on its claims. Parties agree that any claim for such interest made by any party shall be void.
7. The arbitral tribunal shall make and publish the award within time stipulated as under:
Amount of Claims and counter claims (excluding interest)
Period for making and publishing of the award (counted from the date of first meeting of the Arbitrators)
Up to INR 5 Crore
Within 8 months
Above INR 5 Crore
Within 12 months
The above time limit can be extended by Arbitrator, for reasons to be recorded in writing, with the consent of the other parties.
8. If after commencement of the arbitration proceedings, the parties agree to settle the dispute mutually or refer the dispute to conciliation, the arbitrators shall put the proceedings in abeyance until such period as requested by the parties.
9. Each party shall be responsible to make arrangements for the travel and stay etc. of the arbitrator pointed by it. Claimant shall also be responsible for making arrangements for travel/stay arrangements of the Presiding Arbitrator and the expenses incurred shall be shared equally by the parties.
In case of sole arbitrator, OIL shall make all necessary arrangements for his travel, stay and the expenses incurred shall be shared equally by the parties.
10. The Arbitration shall be held at the place from where the contract has been awarded. However, parties to the contract can agree for a different place for the convenience of all concerned.
11. The Arbitrator(s) shall give reasoned and speaking award and it shall be final and binding on the parties.
12. Subject to aforesaid, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this clause.
13.2 Arbitration (applicable in case of Contract awarded on Public Sector Enterprise):
In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs)/ Port Trusts inter se and also between CPSEs and Government Departments/Organizations (excluding disputes concerning Railways, Income Tax, Customs &Excise Departments), such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in DPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.
The venue of all arbitrations under both 13.1 & 13.2 will be Kakinada/New Delhi. The award made in pursuance thereof shall be binding on the parties.
14.1 Any notice given by one party to other, pursuant to this Contract shall be sent in writing to the applicable address specified below:
Oil India Limited _
D. No.11-4-7, Nookalamma Temple Street,
Ramarao Peta, KAKINADA
Andhra Pradesh- 533004, INDIA
14.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later.
15.1 Contractor shall not subcontract, transfer or assign the contract, in full or any part under this contract, to any third party(s). Except for the main services under this contract, Contractor may sub-contract the petty support services subject to Company's prior approval. However, Contractor shall be fully responsible for complete execution and performance of the services under the Contract.
16.0 MISCELLANEOUS PROVISIONS:
16.1 Contractor shall give notices and pay all fees at their own cost required to be given or paid by any National or State Statute, Ordinance, or other Law or any regulation, or bye-law of any local or other duly constituted authority as may be in force from time to time in India, in relation to the performance of the services and by the rules & regulations of all public bodies and companies whose property or rights are affected or may be affected in any way by the services.
16.2 Contractor shall conform in all respects with the provisions of any Statute, Ordinance of Law as aforesaid and the regulations or bye-law of any local or other duly constituted authority which may be applicable to the services and with such rules and regulation public bodies and Companies as aforesaid and shall keep
Company indemnified against all penalties and liability of every kind for breach of any such Statute, Ordinance or Law, regulation or bye-law.
16.3 During the tenure of the Contract, Contractor shall keep the site where the services are being performed reasonably free from all unnecessary obstruction and shall store or dispose of any equipment and surplus materials and clear away and remove from the site any wreckage, rubbish or temporary works no longer required. On the completion of the services, Contractor shall clear away and remove from the site any surplus materials, rubbish or temporary works of every kind and leave the whole of the site clean and in workmanlike condition to the satisfaction of the Company.
16.4 Key personnel cannot be changed during the tenure of the Contract except due to sickness/death/resignation of the personnel in which case the replaced person should have equal experience and qualification, which will be again subject to approval, by the Company.
17.0 LIQUIDATED DAMAGES AND PENALTY:
17.1 LD for Default in timely commencement: Time is the essence of the Contract. In the event of default on the part of Contractor in timely mobilizing its resources and field personnel to commence both the acquisition and processing work within the stipulated period from the date of issue of LOA, the Contractor shall be liable to pay liquidated damages (LD). In the event of the Contractor's default in timely mobilization as defined in Clause No. 2.2 above for commencement of seismic survey within the stipulated period, the Contractor shall be liable to pay liquidated damages @ 0.5% (half percent) of the total estimated value of the Contract for delay per week or part thereof, subject to maximum of 7.5% (seven and half percent) of total estimated contract value. Liquidated damages will be reckoned after 90 days from the date of notification of award of the Contract (LOA) issued by Company.
17.2 However, in any case the sum of total amount of Liquidated Damages, payable if any against this Contract under provision of Clause No. 17.0 and its subclauses will not exceed 7.5 % of total estimated Contract value. Liquidated Damages as set forth above is the genuine pre-estimate agreed by both the parties for the damages on account of delay in job execution and the said amount shall be payable without proof of actual loss or damage caused by such delay/breach. Company shall without prejudice to any other right or remedy available to it, recover the amount so calculated from Contractor as agreed liquidated damages and not by way of penalty.
17.3 Penalty for Default in timely completion: Contractor shall put all-out effort to complete the entire work of 8400 LKM of 2D Seismic & 1020 Sq. Km. of 3D seismic data acquisition and processing work within twelve (12) months (including monsoon break as applicable for acquisition) from the date of commencement of work. If the Contractor is unable to complete the schedule work of acquisition and processing within the stipulated time period, the Contractor may be allowed to work to complete the remaining acquisition & processing job in additional period, not exceeding three (3) months, however, the payment of remaining volume of acquisition & processing job will be made at the rate of 90% of the actual quoted rate per individual line item as applicable for acquisition and processing respectively. No payment towards the stand-by charges and force majeure will be made during this extended period due to noncompletion of tendered volume of work within the stipulated time period.
17.4 In case the time delay in mobilization is made up by completing the job execution early by the Contractor, no liquidated damages shall be deducted. Similarly, if the mobilization is completed before scheduled period of mobilization but completion of job execution is delayed, LD shall be applicable only for the period exceeding the total period allowed for mobilization and job completion put together. Further, in case both Mobilization and job completion are delayed, Liquidated Damages (subject to maximum of 7.5% (seven and half percent) of total estimated contract value) and penalty (@10% of the actual quoted rate per individual line item as applicable) shall be applicable.
17.5 Liquidated Damages, if become payable as above, shall usually be recovered by Company from the final bill/invoice of Contractor under the contract and not from the running bill(s). However, if the amount in final bill is found to be not adequate, Company will recover the liquidated damages from the previous bill(s)/invoices.
17.6 The Company also reserves the right to cancel the Contract without any compensation whatsoever in case of failure by the successful bidder to submit PBG or commence/complete the assigned jobs under the contract within the stipulated period and also take other actions as may be considered appropriate.
17.7 The Contractor needs to complete the remaining job within a period of maximum three (3) months beyond scheduled project completion period i.e. twelve (12) months (including monsoon break) from the date of successful completion of mobilization failing which the contract would be terminated, PBG invoked and the defaulting contractor would be dealt as per OIL’s banning policy.
18.0 PERFORMANCE SECURITY: The Contractor shall furnish to Company a Bank Guarantee/LC for 10% of total estimated Contract value valid till 3 (three) months beyond the Contract Expiry date towards Performance Security. The Performance Security shall be forfeited by Company, if Contractor fails to fulfil its obligations under the Contract or in respect of any amount due from the Contractor to the Company. In the event of any extension of the Contract period, Performance Security shall be extended by the period equivalent to the extended period of the Contract. The Performance Security will be discharged by Company not later than 30 (thirty) days following its expiry.
19.0 ASSOCIATION OF COMPANY'S PERSONNEL: Company's engineer/ GeoScientists / consultants will be associated with the work throughout the operations. The Contractor shall execute the work with professional competence and in an efficient and workman like manner and provide Company with a standard of work customarily provided by reputed Survey contractors to major international oil companies in the petroleum industry.
20.0 LABOUR: The recruitment of the labour shall be met from the areas of operation and wages will be according to the rates prevalent at the time which can be obtained from the District Authorities of the area. The facilities to be given to the labourers should conform to the provisions of labour laws as per contract Labour (Regulation and Abolition) Act, 1970.
21.1 Except as otherwise expressly provided, neither Company nor its servants, agents, nominees, contractors, or sub-contractors shall have any liability or responsibility whatsoever to whomsoever for loss of or damage to the equipment and/or loss of or damage to the property of the Contractor and/or their contractors or sub-contractors, irrespective of how such loss or damage is caused and even if caused by the negligence of Company and/or its servants, agent, nominees, assignees, contractors and sub- contractors. The Contractor shall protect, defend, indemnify and hold harmless Company from and against such loss or damage and any suit, claim or expense resulting there from.
21.2 Neither Company nor its servants, agents, nominees, assignees, contractors, sub- contractors or its Affiliates or Coventurers shall have any liability or responsibility whatsoever for injury to, illness, or death of any employee of the Contractor and/or of its contractors or sub-contractors irrespective of how such injury, illness or death is caused and even if caused by the negligence of Company and/or its servants, agents nominees, assignees, contractors and/or sub-contractors. Contractor shall protect, defend, indemnify and hold harmless Company from and against such liabilities and any suit, claim or expense resulting there from.
21.3 The Contractor hereby agrees to waive its right of recourse and further agrees to cause its underwriters to waive their right of subrogation against Company and/or its underwriters, servants, agents, nominees, assignees, contractors and sub-contractors for loss or damage to the equipment of the Contractor and/or its sub-contractors and/or their employees when such loss or damage or liabilities arises out of or in connection with the performance of the contract limited to the Contractor’s liabilities agreed to under this Contract.
21.4 The Contractor hereby further agrees to waive its right of recourse and agrees to cause its underwriters to waive their right of subrogation against Company and/or its underwriters, servants, agents, nominees, assignees, contractors and sub-contractors for injury to, illness or death of any employee of the Contractor and of its contractors, sub-contractors and/or their employees when such injury, illness or death arises out of or in connection with the performance of the contract limited to the Contractor’s liabilities agreed to under this Contract.
21.5 Except as otherwise expressly provided, neither Contractor nor its servants, agents, nominees, contractors or sub-contractors shall have any liability or responsibility whatsoever to whomsoever for loss of or damage to the equipment and/or loss or damage to the property of the Company and/or their contractors or sub- contractors, irrespective of how such loss or damage is caused and even if caused by the negligence of Contractor and/or its servants, agents, nominees, assignees, contractors and sub-contractors. The Company shall protect, defend, indemnify and hold harmless Contractor from and against such loss or damage and any suit, claim or expense resulting there from.
21.6 Neither Contractor nor its servants, agents, nominees, assignees, contractors, sub- contractors shall have any liability or responsibility whatsoever to whomsoever for injury or illness, or death of any employee of the Company and/or of its contractors or sub-contractors irrespective of how such injury, illness or death is caused and even if caused by the negligence of Contractor and/or its servants, agents, nominees, assignees, contractors and sub-contractors. Company shall protect, defend indemnify
and hold harmless Contractor from and against such liabilities and any suit, claim or expense resulting there from.
21.7 The Company agrees to waive its right of recourse and further agrees to cause its underwriters to waive their right of subrogation against Contractor and/or its underwriters, servants, agents, nominees, assignees, contractors and sub-contractors for loss or damage to the equipment of Company and/or its contractors or sub- contractors when such loss or damage or liabilities arises out of or in connection with the performance of the contract.
21.8 The Company hereby further agrees to waive its right of recourse and agrees to cause it underwriters to waive their right of subrogation against Contractor and/or its underwriters, servants, agents, nominees, assignees, contractors and sub-contractors for injury to, illness or death of any employee of the Company and of its contractors, sub-contractors and/or their employees when such injury, illness or death arises out of or in connection with the performance of the Contract.
22.0 LIMITATION OF LIABILITY: Notwithstanding any other provisions herein to the contrary, except only in cases of wilful misconduct and / or criminal acts,
(a) Neither the Contractor nor the Company (OIL) shall be liable to the other, whether in Contract, tort, or otherwise, for any consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs.
(b) Notwithstanding any other provisions incorporated elsewhere in the contract, the aggregate liability of the Contractor in respect of this contract, whether under Contract, in tort or otherwise, shall not exceed 50% of the Annualized Contract Price, provided however that this limitation shall not apply to the cost of repairing or replacing defective equipment by the Contractor, or to any obligation of the Contractor to indemnify the Company with respect to Intellectual Property Rights.
(c) Company shall indemnify and keep indemnified Contractor harmless from and against any and all claims, costs, losses and liabilities in excess of the aggregate liability amount in terms of clause (b) above.
23.0 INDEMNITY AGREEMENT:
23.1 Except as provided hereof Contractor agrees to protect, defend, indemnify and hold Company harmless from and against all claims, suits, demands and causes of action, liabilities, expenses, cost, liens and judgments of every kind and character, without limit, which may arise in favour of Contractor's employees, agents, contractors and sub- contractors or their employees on account of bodily injury or death, or damage to personnel/property as a result of the operations contemplated hereby, regardless of whether or not said claims, demands or causes of action arise out of the negligence or otherwise, in whole or in part or other faults.
23.2 Except as provided hereof Company agrees to protect, defend, indemnify and hold Contractor harmless from and against all claims, suits, demands and causes of action, liabilities, expenses, cost, liens and judgments of every kind and character, without limit, which may arise in favour of Company's employees, agents, contractors and sub- contractors or their employees on account of bodily injury or death, or damage to personnel/property as a result of the operations contemplated hereby, regardless of
whether or not said claims, demands or causes of action arise out of the negligence or otherwise, in whole or in part or other faults.
24.0 INDEMNITY APPLICATION: The indemnities given herein above, whether given by Company or Contractor shall be without regard to fault or to the negligence of either party even though said loss, damage, liability, claim, demand, expense, cost or cause of action may be caused, occasioned by or contributed to by the negligence, either sole or concurrent of either party.
24.1 The Contractor shall not make Company liable to reimburse the Contractor to the statutory increase in the wage rates of the Labour appointed by the Contractor. Such statutory or any other increase in the wage rates of the Labour shall be borne by the Contractor.
24.2 The Contractor shall not engage Labour below 18 (eighteen) years of age under any circumstances. Persons above 60 (sixty) years age also shall not be deployed except Manager / Superintendent.
25.0 ENTIRE CONTRACT: This Contract contains the entire agreement between the Parties and supersedes any previous understandings, commitments, agreements or representations whatsoever, oral or written, pertaining to the subject matter hereof, provided that nothing in this Clause (Entire Contract) shall have effect to exclude or restrict the liability of either Party for fraud or fraudulent misrepresentation.
26.0 RECORDS, REPORTS AND INSPECTION: The Contractor shall, at all times, permit the Company and its authorised employees and representatives to inspect all the Work performed and to witness and check all the measurements and tests made in connection with the said work. The Contractor shall keep an authentic, accurate history and logs including safety records of each IP survey section with major items consumed, which shall be open at all reasonable times for inspection by the Company designated representatives and its authorised employees and representatives. The Contractor shall provide the Company designated representatives with a daily written report, on form prescribed by the Company showing details of operations during the preceding 24 hours and any other information related to the said IP survey requested by the Company whenever so requested. The Contractor shall not, without Company's written consent allow any third person(s) access to the said survey, or give out to any third person information in connection therewith.
27.0 INSPECTION OF MATERIALS: The Company shall have the right to inspect and reject for any valid cause any items furnished by Contractor and Contractor shall replace or repair at its sole expense such items so rejected with items free of defects, to the satisfaction of the Company.
28.0 ROYALTY AND PATENTS: Each party shall hold harmless and indemnify the other from and against all claim and proceedings for or on account of any patent rights, design, trade mark or other protected rights arising from any use of materials, equipment, processes, inventions and methods which have not been imposed on the attending party by the terms of the contract or the specifications or drawings forming part thereof.
29.0 CUSTOMS DUTY:
29.1 In terms of Sl. No. 404 of the Customs Notification No.50/2017-Cus dated 30.06.2017, imports of the items specified in List 33 of the Notification are subject to levy of concessional rate of customs duty @5% (BCD Nil & IGST @5%) subject to conditions specified therein (Condition No. 48). However, this is subject to change as per Government guidelines and the provisions ruling at the time of tender closing will be applicable.
29.2 Contractor should provide the list of items to be imported by them under the Contract in the format specified in Proforma-A along with their bid for issuance of Recommendatory Letter to DGH. Contractor shall make written request to Company immediately after shipment of the goods indicated by them in Proforma-A, along with the Invoices and all shipping documents (with clear 15 working days’ notice) requesting Company for issuance of the Recommendatory Letter. OIL shall issue the Recommendatory Letter provided all the documents submitted by the Contractor are found in order as per contract. It shall be however, Contractor’s responsibility to obtain EC from DGH and clear the goods through customs. OIL shall not be liable in whatsoever manner for the rejection of their claims for concessional customs duty by any of the authorities including DGH arising solely as a result of any default on the part of the Contractor.
29.3 All imports and import clearances under the Contract shall be done by the Contractor and OIL shall not provide any assistance in this regard.
29.4 However, in the event customs duty becomes leviable during the course of Contract arising out of a change in the policy of the Government, Company shall be liable for payment of the customs duties leviable in India on Contractor’s items as provided in Proforma-A or the actuals whichever is less (for the first time import) and at actuals (for subsequent imports), provided Contractor furnishes all necessary documents indicating the estimated customs duty at least 10 days in advance. Such payment of Customs Duty shall be arranged by Company and made available to the representatives of Contractor within 3 working days after Contractor submits the undisputed and clear necessary documents/duty assessment papers at Company’s office at Kakinada. Contractor would be responsible for passing such payment to customs authorities at the port of entry. Company’s obligation for Customs Duty payment shall be limited/restricted to the tariff rates as assessed by the Customs on the day of clearance, or as on the last day of the stipulated mobilization period. In case of clearance thereafter, on the CIF value of items in Proforma-A will be frozen and any increase in Customs Duty on account of increase in value on these will be to the Contractor’s account. Furthermore, in case the above CIF value is not acceptable to assessing Customs Officer and as a result if any excess Customs Duty becomes payable, it shall be to Contractor’s account. Before filing Bill of lading, Bill of entry, the Contractor must consult the Company to avoid payment of excess Customs Duty.
29.4.1 Contractor shall, however, arrange clearance of such items from Customs and port authorities in India and shall pay all requisite demurrages, if any, clearance fees/charges, port fees, clearing and forwarding agent fees/charges, inland transport charges etc. Company shall provide all assistance by issuance of necessary letter of authority or other relevant documents and necessary help.
29.4.2 Notwithstanding what is stated above, the bidders should also consider the position in regard to import of goods as specified in list No. 33 of above notification against concessional rate of 5% Customs Duty. OIL is not liable in whatsoever manner, for the rejection of their claims for concessional rate of 5%Customs Duty by any of the authorities including the DGH.
29.4.3 The bidder while quoting would need to consider the duty drawback as per notification No. 23/2008 dated 01.03.2008 available to them upon re-export of the equipment, if any. The bidder should also note that input tax credit would also be available to them on the IGST paid by them excluding duty drawback and this aspect should also be considered by them while quoting their rates.
29.4.4 Similarly, such specified goods required for petroleum operations if procured from domestic sources would attract 5% concessional GST (IGST or CGST & SGST/UTGST) as per notification no. 3/2017 dtd. 28.06.2017 against issuance of EC by DGH for which OIL shall issue the recommendatory letter.
Note: The recommendatory letter will be given only for those items which are either consumed during the execution of work or for those equipment/tools which are undertaken to be reexported by the bidder. The recommendatory letter will not be issued when the Contractor imports the equipment/tools on acquisition basis and does not undertake to re- export the same after the completion of the contract.
29.5 Contractor must ensure that the spares and consumables imported by them for providing the services under Contract are properly used in executing their job under the Contract in the PEL/ML areas of Company for which EC has been obtained. Contractor shall furnish to Company a certificate as and when the spares and consumables are used/consumed certifying that the spares and the consumables imported by them have been consumed in those ML /PEL areas under the contract for which ECs were obtained by them. In order to avoid any misuse of the spares and consumables imported by the Contractor for providing the services under the Contract, Contractor shall furnish an Undertaking similar to that being furnished by Company to Customs of suitable amount before issue of the Recommendatory Letter.
30.0 DEMOBILISATION & RE-EXPORT: The Contractor shall arrange for and execute demobilization of the Tools/Equipment/ Spare/ Accessories/Manpower etc. upon receipt of notice for demobilization from Company. Demobilization shall mean completion / termination of the contract and shall include equipment/tools/accessories, including the manpower and re-export of the equipment/tools/accessories (if re-exportable), unutilized spares and consumables at the cost of the contractor. Demobilization shall be completed by Contractor within 60 days of issue of demobilization notice by Company. Immediately after re-exporting the equipment/ tools/ accessories and the unused spares and consumables, Contractor shall submit the detail re-export documents to Company as documentary proof of re- exporting the equipment/ tools/ accessories and the unused spares and consumables. In case of failure to re-export any of the items as above within the allotted time period
of 60 days except under circumstances relating to Force Majeure, Company reserves the right to withhold the estimated amount equivalent to the Customs Duty and/or penalty leviable by customs on such default in re-export from Contractor’s final settlement of bills and Performance Security.
30.1 In the event all / part of the equipment etc. are transferred by Contractor within the country to an area where nil Customs Duty is not applicable and/or sold to a third party after obtaining permission from Company and other appropriate government clearances in India, then Contractor shall be fully liable for payment of the Customs Duty.
30.2 Contractor must furnish an undertaking that “the equipment imported and also spares & accessories which remained unutilized after the expiry of the contract would be re-exported at their own cost after completion of contractual obligation after observing all the formalities/rules as per Customs Act or any other relevant Act of Govt. of India applicable on the subject”. In case of non- observance of formalities of any provisions of the Customs Act or any other Act of Govt. of India, the Contractor shall be held responsible for all the liabilities including the payment of Customs Duty and penalties to the Govt. on each issue. Non-compliance of these provisions will be treated as breach of contract and their Performance Bank Guarantee will be forfeited.
30.3 In the event all / part of the equipment etc. are transferred by Contractor after expiry/termination of the contract within the country to another operator for providing services, and/or sold to a third party, Contractor shall obtain all necessary Govt. of India clearances including the Customs formalities for transferring to another operator and/or sale of the Rig package, its accessories, equipment and the unused spares and consumables to a third party. Company will not be responsible for any non-compliance of these formalities by Contractor. Payment of Customs Duty and penalties(if any) imposed by Govt. of India or Customs authorities for transferring the items in part or in full to an area where Nil Customs Duty is not applicable or sale of the items shall be borne by the Contractor and Contractor indemnifies Company from all such liabilities.
31.0 PAYMENTS, MANNER OF PAYMENT, RATES OF PAYMENT:
31.1 Company shall pay to the Contractor during the term of the Contract the amount due from time to time calculated according to the rates of payment set and in accordance with other provisions hereof. No. other payments shall be due from company unless specifically provided for in the Contract. All payments will be made in accordance with the terms hereinafter described.
31.2 MANNER OF PAYMENT: All payments due by Company to Contractor hereunder shall be made at Contractor’s designated bank. Bank charges, if any will be on account of the Contractor.
31.3 Payment of any invoices shall not prejudice the right of Company to question the validity of any charges therein, provided Company within one year after the date of payment shall make and deliver to Contractor written notice of objection to any item or items the validity of which Company questions.
31.4 INVOICES: Mobilization charges will be invoiced only upon completion of mobilization as certified by company representative. Payment of mobilization
charges shall be made within 45 days following the date of receipt of undisputed invoices by Company.
31.4.1 The Contractor shall furnish the following documents along with first invoice under the contract:
a. Copy of valid GST Registration Certificate (if applicable).
b. Bank particulars as required for making payment through Electronics Mode.
c. Tax Invoice as per relevant Tax Rules clearly indicating GST Registration Number (if applicable), Service Classification, Rate & Amount of GST.
d. Certificate of acceptance of Mobilisation issued by Company representative.
e. Copy of PAN Card issued by Indian Income Tax Authority (if
f. copies of all insurance documents as stipulated in Contract.
31.5 Contractor shall send invoice to company on the day following the end of each month for all daily or monthly charges due to the contractor.
31.5.1 The Contractor shall furnish the following documents along with all subsequent periodical/monthly invoices under the contract.
(a) Tax Invoice with proof of payment of GST to appropriate authorities for the previous invoice (if applicable).
(b) Details of statutory payments like EPF, ESI etc. (if applicable).
(c) Undertaking by Contractor regarding compliance of all statutes.
31.5.2 The Contractor shall raise monthly invoices for the following:
a. Data acquired against 2D and 3D seismic survey which are completed in all aspects (i.e. including all necessary topographic survey data, observer report etc.) and that has been handed over to the Company at Kakinada during the month. If a line / swath is not completed in a single calendar month, in such case, LKM
/ Sq. Km. equivalent to Number of good/acceptable shots taken in the completed part of the seismic profile / swath or segment thereof will be considered for payment provided all the data along with ancillary information are handed over to Company.
b. OIL shall withhold 10 % of the acquisition charges (Prime Acquisition charges + Infill Acquisition charges) from the invoice value at each occasion. It will be released only when data acquisition of block in question including infill is completed as prescribed in Appendix-A and complete data set has been delivered to OIL at its designated premises within India.
31.6 Contractor shall submit three (03) sets of all invoices duly super scribed ‘Original’ and ‘Copy’ as applicable to the Company for processing payment. Separate invoices for the charges payable under the contract shall be submitted by the Contractor for foreign currency and Indian currency.
31.7 Payment of monthly invoices, if undisputed, shall be made within 30 days following the date of receipt of invoice by Company.
31.8 Company shall within 30 days of receipt of the invoice notify the Contractor of any item under dispute, specifying the reasons thereof, in which event, payment of the disputed amount may be withheld until settlement of the dispute, but payment shall be made of any undisputed portion on or before the due date. This will not prejudice the company’s right to question the validity of the payment at a later date as envisaged in Clause 31.3 above.
31.9 The acceptance by Contractor of part payment on any billing not paid on or before the due date shall not be deemed a waiver of Contractor’s rights in any other billing, the payment of which may then or thereafter be due.
31.10 Payment of final demobilization charges shall be made within 45 days on receipt of invoice by Company accompanied by the following documents from the Contractor:
a) Audited account up to completion of the contract.
b) Tax audit report for the above period as required under the Indian Tax Laws.
c) Documentary evidence regarding the submission of returns and payment to taxes for the expatriate personnel engaged by the Contractor or by its sub-contractor.
d) Proof of re-export of all items including the unutilized spares and consumables (excepting consumables consumed during the contract period) and also cancellation of re-export bond if any.
e) Any other documents as required by applicable Indian Laws.
31.10.1 The demobilization charges will be paid after all the project deliverables including Acquisition and Processing outputs have been submitted to company and duly certified by company representative. The Contractor shall raise invoice for payment of one-time lump-sum Demobilization Charges, as applicable, upon clearance of all their resources from site and making the site free from all debris/encumbrances.
31.11 Contractor shall maintain complete and correct records of all information on which contractor’s invoice are based up to 2 (two) years from the date of last invoice. Such records shall be required for making appropriate adjustments or payments by either party in case of subsequent audit query / objection.
32.0 APPLICABLE LAW:
32.1 The Contract shall be deemed to be a Contract made under, governed by and construed in accordance with the laws of India for the time being in force and shall be subject to the exclusive jurisdiction of Courts situated in Kakinada, Andhra Pradesh.
32.2 The Contractor shall ensure full compliance of various Indian Laws and Statutory Regulations, to the extent applicable, as stated below, but not limited to, in force from time to time and obtain necessary permits/ licenses etc. from appropriate authorities for conducting operations under the Contract:
a. The Mines Act 1952- as applicable to safety and employment conditions
b. The Minimum Wages Act, 1948
c. The Oil Mines Regulations, 1984 or latest version
d. The Workmen's Compensation Act, 1923
e. The Payment of Wages Act, 1963
f. The Payment of Bonus Act, 1965
g. The Contract Labour (Regulation & Abolition) Act, 1970 and the rules framed there under
h. The Employees’ Pension Scheme, 1995
i. The Interstate Migrant Workmen Act., 1979 (Regulation of employment and conditions of service)
j. The Employees Provident Fund and Miscellaneous Provisions Act, 1952
k. GST/ IGST / CGST / SGST / UTGST Act and amendments thereof.
l. Customs & Excise Act & Rules
m. Income Tax Act.
n. Insurance Act.
o. HSE Guidelines
p. OISD guidelines & procedures
q. DGMS Guidelines/Notifications
r. The Environmental Protection Act, 1986
s. All notifications released by MOEF from time to time
t. Hazardous waste management and handling rules
u. The water (prevention and control of pollution) Act, 1974
v. The Air (prevention and control of pollution) Act, 1981
32.3 EXPATRIATE PERSONNEL: If any expatriate personnel are engaged by the Contractor to perform the services required under the Contract, responsibility for securing permission from the Ministry of External Affairs (MEA), Ministry of Home Affairs (MOHA), Ministry of Defence (MOD), Govt. Of India and Local Authorities on time shall rest on the Contractor. OIL will only assist the Contractor by providing introductory letter / recommendatory letter required, if any, for securing the above permissions.
33.0 SUBSEQUENTLY ENACTED LAWS: Subsequent to the date of bid closing, if there is a change in or enactment of any law or change in application or enforcement or interpretation of existing law by any governmental authority or public body, which results in addition/ reduction in cost to Contractor on account of the operation contemplated under the Contract, the Company/Contractor shall reimburse the Contractor/pay Company for such additional/reduced costs actually incurred/saved by Contractor, subject to the submission of documentary evidence by Contractor/Company.
34.0 SET-OFF: Any sum of money due and payable to the Contractor (including Performance Security refundable to them) under this or any other Contract may be appropriated by OIL and set-off against any claim of OIL(or such other person or persons contracting through OIL) for payment of a sum of money arising out of this contract or under any other contract made by the Contractor with OIL (or such other person or persons contracting through OIL).
35.0 WITHHOLDING: Company may withhold or nullify the whole or any part of the amount due to Contractor, after informing the Contractor of the reasons in writing, on account of subsequently discovered evidence in order to protect Company from loss on account of: -
a) For non-completion of jobs assigned as per Section-II.
b) Contractor's indebtedness arising out of execution of this Contract.
c) Defective work not remedied by Contractor.
d) Claims by sub-contractor of Contractor or others filed or on the basis of reasonable evidence indicating probable filing of such claims against Contractor.
e) Failure of Contractor to pay or provide for the payment of salaries/ wages, contributions, unemployment compensation, taxes or enforced savings with- held from wages etc.
f) Failure of Contractor to pay the cost of removal of unnecessary debris, materials, tools, or machinery.
g) Damage to another contractor of Company.
h) All claims against Contractor for damages and injuries, and/or for non- payment of bills etc.
i) Any failure by Contractor to fully reimburse Company under any of the indemnification provisions of this Contract.
If, during the progress of the work Contractor shall allow any indebtedness to accrue for which Company, under any circumstances in the opinion of Company may be primarily or contingently liable or ultimately responsible and Contractor shall, within five days after demand is made by Company, fail to pay and discharge such indebtedness, then Company may during the period for which such indebtedness shall remain unpaid, with-hold from the amounts due to Contractor, a sum equal to the amount of such unpaid indebtedness.
Withholding will also be effected on account of the following: -
i. Order issued by a Court of Law in India.
ii. Income-tax deductible at source according to law prevalent from time to time in the country.
iii. Any obligation of Contractor which by any law prevalent from time to time to be discharged by Company in the event of Contractor's failure to adhere to such laws.
iv. Any payment due from Contractor in respect of unauthorised imports.
When all the above grounds for withholding payments shall be removed, payment shall thereafter be made for amounts so with-hold.
Notwithstanding the foregoing, the right of Company to withhold shall be limited to damages, claims and failure on the part of Contractor, which is directly/indirectly related to some negligent act or omission on the part of Contractor.
36.0 WAIVER: Any delay in exercising and any omission to exercise any right, power or remedy exercisable by the Company under this contract shall not impair such right, power or remedy nor shall any waiver by the Company of any breach by the Contractor of any provision of this contract prevent the subsequent enforcement of that provision by the Company or be deemed a waiver by the Company of any subsequent breach by the Contractor.
37.0 INGRESS AND EGRESS AT LOCATION:
37.1 The Company shall provide the Contractor, if required, requisite certificates for obtaining rights of ingress to, egress from locations where jobs are to be performed, including any certificates required for permits or licenses for the movement of the Contractor’s personnel/equipment. Should such permits/licenses be delayed because of objections of concerned authorities in respect of specific Contractor’s person(s), such person (s) should be promptly removed from the list by the Contractor and replaced with acceptable person (s).
38.0 CONSEQUENTIAL DAMAGE: Except as otherwise expressly provided, neither party shall be liable to the other for special, indirect or consequential damages resulting from or arising out of the contract, including but without limitation, to loss or profit or business interruptions, howsoever caused and regardless of whether such loss or damage was caused by the negligence (either sole or concurrent) of either party, its employees, agents or sub-contractors.
39.0 SEVERABILITY: Should any provision of this Contract be found to be invalid, illegal or otherwise not enforceable by any court of law, such finding shall not affect the remaining provisions hereto and they shall remain binding on the parties hereto.
40.0 INTEGRITY PACT: The Integrity Pact duly signed by authorized representatives of OIL and Contractor forms part of the Contract.
END OF SECTION – I, PART– 3
PART – 3
Section - II
SCOPE OF WORK/TERMS OF REFERENCE/ TECHNCIAL SPECIFICATIONS
2D AND 3D SEISMIC DATA ACQUISITION
WESTERN AND EASTERN OFFSHORE, INDIA DURING FIELD SEASON 2020-21
1. SCOPE OF WORK
OIL INDIA LIMITED (OIL) desires to have 2D & 3D seismic data set in Western & Eastern offshore of India.
The areas proposed for the 2D & 3D seismic data acquisition and processing are given in the table below:
Acquisiti on technolo gy
Type of Data
Full fold Data Acquisitio n volume
Water depth within the Area (m)
Prime LKM (CMP)
Infill LKM (CMP)
Sector-I, Western Offshore
40 m-150 m
Sector-II, Eastern Offshore
06 m- 400 m
06 m- 500 m
Contractor/Bidder shall with his own personnel and equipment, plan and execute acquisition of 2D & 3D seismic data acquisition and deploying equipment (streamer, source etc.) in survey areas of Western & Eastern Offshore as per details in Appendix - 'A' & 'B' with professional competence and in efficient manner, and provide OIL with the best standards of work customarily provided by reputed Geophysical contractors to major oil companies in the oil industry.
Contractor with their own personnel, hardware & software shall carry out the seismic data processing and optional processing as per details in Appendix - 'A2' with
professional competence and in efficient manner to provide OIL the best standards of work, customarily provided by reputed Geophysical contractors to major oil companies in the Oil Industry
The location map of the survey areas is shown in Appendix-E of Section–II.
Quality Control of the acquisition of 2D & 3D seismic data is the responsibility of the Contractor. However, OIL’s officers and/or representatives from third party agency will be associated with the work throughout the contract period to ensure security, confidentiality and Quality Control of data to be acquired and for overall monitoring of the contract. Work standards for data acquisition are given at Appendix A. Bidder shall provide QC standards with their techno-commercial bid for the offered technology. The standards which are not in conflict with general work standards of this tender document shall be suitably included in the contract in case the work is awarded to the Bidder.
For completion of the job satisfactorily within the specified time period, minimum one seismic vessel (3D) with minimum 06 number of streamers (Limited to 8 streamers) and streamer length as specified in clause A.10 of Appendix-A of Section-III shall be required. However, at the time of execution, optimum number of streamers but not more than eight (8) streamers can be deployed in area having fixed structures/other obstructions/logistic difficulties. However, bidder at its own discretion may deploy additional seismic vessel for carrying out 2D seismic data acquisition in Andaman shallow offshore blocks without any financial implications to OIL.
There are no platforms in the area. However, deployment of rig for drilling activity in adjoining blocks by other E&P players may be anticipated in the operation window. Details of rig movement will be intimated to the successful bidder at the time of mobilization.
The minimum required basic processing to ascertain onboard QC shall be carried out on-board the vessel for the acquired seismic data in the survey area mentioned in Section-III. Online QC System for this purpose shall be made available and operational on-board.
The acquired data may be transferred to the processing centre periodically during crew changes /seismic data acquisition phase itself to ensure the early preparation of data for processing and timely completion of the work under this contract.
After acquisition of the data in each block, Contractor shall deliver raw data, and QC data as per QC processing sequence at A.16.9 and Navigation merged data in SEGY format as mentioned in Appendix-H of Section-III.
Contractor will also arrange for packing, insurance, customs and other formalities and safe transportation of data tape cartridges to handover the data (in duplicate) along with other technical information as described in Clause 7 of Section-III at OIL’s premises, Kakinada, Andhra Pradesh or/and at any other designated premises of OIL.
Bidder shall submit their offer for both the Sectors. The evaluation of bids would be done on the entire volume of work as mentioned in tender document and the contract will be awarded accordingly.
2. VOLUME OF WORK
2.1 The total volume of Seismic data acquisition & Processing is as given below:
Type of Data
Full fold Data Acquisitio n volume
Data Acquisition & Processing
Water depth within the Area (m)
Prime LKM (CMP)
Infill LKM (CMP)
Sector-I, Western Offshore
40 m-150 m
Sector-II, Eastern Offshore
06 m-400 m
06 m-500 m
The work standard & QC norms, as stipulated in Appendix-A shall be applicable for the purpose of acceptance.
2.2 Volume Variation
OIL at its discretion may increase (or decrease) up to 20% of the volume of work at same rates, terms and conditions. In such case, the Contract period shall be adjusted on increase or decrease of volume. LD/PBG will be applicable proportionate to additional volume of work, if any as per clause no 17 of Section-II.
3. CONTRACT PERIOD, MOBILISATION AND SCHEDULE OF COMPLETION
3.1 Contractual work volume (for both acquisition and processing) shall be completed within 12 months from date of mobilization completion of seismic vessel as scope of work. The seismic data processing shall be started within 10 days after completion of acquisition of each block.
Contractor shall complete mobilization as per scope of work within 90 days after LOA and should also submit mobilization and completion work plan within stipulated time schedule in scope of work.
In case, the last date of scheduled mobilization of 90 days falls within non- operating period, the mobilization date would be extended up to end of monsoon break and accordingly contract period will also get extended.
Mobilisation and de-mobilization charges shall be paid only for one seismic vessel one time only during the period under this contract.
Monsoon period in the area is generally between June to September however Monsoon period may vary and can be ascertained from Indian meteorological department. The fair-weather window for the area is generally considered from October to May of the following year and this duration of about eight (08) months is termed as “Field Season”.
3.2 Contract shall be commenced from the date on which the mobilization is completed in all respects is treated as date of commencement of contract (excluding the day of completion of mobilization).
3.3 Contractor shall carry out work in KK-OSHP-2018/1 area for 3D Seismic data acquisition in Sector-I and 2D Seismic data acquisition in AN-OSHP-2018/1 or AN-OSHP-2018/2 in Sector-II. The work area and type of data acquisition can be prioritised through mutual consent.
Mobilization of seismic vessel shall be deemed to be complete when:
a) The seismic vessel(s) out of the vessel(s) proposed for deployment and as confirmed one day prior to price bid opening is deployed and put on for survey work as per the relevant clause.
b) Successful Bidder will be required to mobilize seismic vessel(s), out of the above vessels. All the equipment are fully tested, calibrated and put into operation as specified in Appendix “A” of section –II and also acquisition of :
Sector-I: 100 PLKM or one complete pre plot sail line, which ever maximum, of 3D seismic data acquisition, as the case may be, is completed in KK- OSHP-2018/1 and accepted by OIL’s QC representative.
Sector-II: One 2D seismic line (at least 100 LKM) data acquisition is completed in AN-OSHP-2018/1 or AN-OSHP-2018/2 and accepted by OIL’s QC representative.
The payment shall be made as per price schedule.
3.4 DATA ACQUISITION
The entire volume of seismic data acquisition as indicated in Section-II is required to be completed by the Contractor in all respects as per specifications in Appendix-A. Contractor shall also perform onboard basic processing for QC purpose only for awarded volume as indicated in Section-II.
Note: During the proposed survey period under this tender, oil gas field activities near the survey area by other agencies may also go on concurrently. It will be necessary to prioritise the area to avoid interference from such simultaneous activities.
4. EXTENSION IN CONTRACT PERIOD
4.1Contractor has to complete the Seismic data acquisition volume within the specified contract period. However, in the event the Contractor is not able to complete the seismic data acquisition & processing work due to one of the
following situations, OIL shall have an option to extend the Contract duration under the same rates, terms and conditions:
Force Majeure as defined in General Condition of Contract.
Bad weather conditions, as decided by the OIL which do not permit the acquisition work to be conducted under the stipulated work standards.
Standby period beyond the permissible limits as indicated in clause 16 of section II, if requested by OIL.
4.2 If entire scope of work is not completed within project completion schedule, due to reasons attributable to Contractor, then OIL at its option may extend the contract duration with the levy of Liquidated Damage (LD). In such event, Contractor shall arrange re-mobilization of vessel(s), equipment and personnel, if required, at its own cost and complete the work with the approval of OIL.
5. SEISMIC DATA ACQUISITION
5.1 SCHEDULE OF OPERATIONS
a. Successful Bidder shall mobilise the survey vessel(s) and all the required equipment along with personnel to commence the work as soon as possible after the issue of Letter of Award so that mobilization of the vessel is completed as per clause 3 of section II. The Contractor shall carry out seismic data acquisition as per the details given in Appendix-A.
b. Successful Bidder shall make the vessel(s) and its equipment available at the initial port of call in India specified by OIL for inspection by Indian Navy for clearance from security angle before the commencement of survey work. A clear notice shall be given by Successful Bidder for this purpose as per statutory requirement in advance.
c. OIL reserves the right, before the commencement of work, to inspect and approve successful Bidder‘s vessel(s) and equipment after they are fully assembled and made ready for data acquisition. Technical and HSE audit may be undertaken.
d. The Contractor shall make available the services of a competent representative for the planning and design of the proposed seismic survey as per the requirements given here, within 15 days of Letter of Award (LOA). This representative of the Contractor in association with the OIL’s representatives shall prepare a Project Report giving full details of the plan of work within 30 days of LOA. The Project Report should also contain the full description of the quality management methods to be employed by the Contractor to achieve the required quality standard, safety plan, emergency response, HSE interfaces and contacts etc.
e. The 2D Seismic lines and 3D area co-ordinates will be supplied by OIL. However, any modification of survey areas and 2D Seismic line co-ordinates shall be intimated by OIL before start of work. The Contractor will arrange for the preparation of pre-plots of the survey lines & conversion of co-ordinates from one datum to another, if required.
f. The schedule of field operations will be finalised between OIL’s representative and Contractor’s Party Manager prior to or on the arrival of the survey vessel(s) and other equipment at the base station/port of operation. OIL’s representatives and Contractor 's Party Manager shall jointly have the option of rescheduling the sequence of shooting the lines during the course of survey. In case of Andaman offshore, shallow depth/ logistics may prohibit shooting in preferred direction as planned, then a change in the orientations of 2D seismic lines may be planned in operationally suitable direction with the prior approval of OIL. Operationally Contractor may require long line change for which no additional cost / standby will be paid by OIL.
g. For any change in seismic data acquisition / processing programme, OIL or Contractor will modify any part or whole of the programme with mutual consent.
h. INTIMATION TO FISHERIES DEPT. & FISHING COMMUNITIES: It is compulsory to provide advance information by the Contractor regarding the seismic operations, to fishing authorities and fishing communities. Each survey area is to be sub-divided into sub blocks of 15 days’ work schedule and the operations schedule for such sub–block should be communicated to local fishing authorities/ Fishermen communities and OIL at least 15 days in advance, to ensure better coordination.
6. PROVISION OF EQUIPMENT, PERSONNEL & FACILITIES
6.1 Contractor shall provide fully equipped Survey vessel(s) and data processing hardware and software for QC purpose with spares and consumables of whatsoever nature necessary for the full and proper execution of the work hereunder. Equipment and facilities to be supplied by Contractor shall conform to the specifications contained in Appendix-"B" of section II.
6.2 Contractor shall provide all competent personnel for manning of the vessel and data acquisition and processing work for QC purpose together with all necessary supervisors who should be fluent in English language. On OIL’s request, Contractor shall remove and replace at his own expenses any of the Contractor’s personnel whose presence is considered undesirable in the opinion of the OIL.
6.3 Contractor shall be responsible for and shall provide all requirements of its personnel, and of sub- contractor(s), if any, including but not limited to housing, normal medical services, boarding, transportation (air, marine and land), vacation, salaries and all amenities, termination payments and all immigration requirements at no extra charge to OIL.
6.4 Contractor shall be responsible for insuring its personnel against injury and death and for insurance of all offshore and onland Equipment, vessel(s) etc. as per, General Terms and Conditions of the contract.
7. REPORTS, DELIVERABLES & SCHEDULE OF PERFORMANCE
Contractor shall submit to the OIL the following at no extra cost.
7.1 Daily progress report of volume of surveys completed in the proforma (enclosed as Appendix-" F(i) or F(ii)") by Telefax/E-mail.
7.2 Consolidated daily reports for each month (as per Appendix-" G(i) and/or G(ii)"), signed by Contractor and countersigned by OIL’s representative.
7.3 A summary of progress report of surveys conducted along with brute stack sections (soft copy) and a soft copy of Navigation Data QC as requested by OIL.
7.4 Six copies of operational field reports including bathymetry report and Navigation report in proper form within the contract period.
7.5 Six sets of Navigation post plots as per item A.17 of Appendix-"A” of section II are to be submitted within the contract period.
7.6 The details of deliverables as per the format given in clause A.22.10 of Appendix-A and Appendix H of the tender document are to be provided within the contract period.(Navigation data shall also be provided in DVD)
7.7 Bathymetry and Meteorological data as per format given in Appendix ‘L’ and ‘Appendix ‘M’ of Section-II on a CD/DVD/hard disk in duplicate for each block separately.
8.1 At the commencement of the work and during the period of field survey, Contractor shall have its Operational Manager available to the Company’s representative, so as to provide him with all explanations and information pertaining to the progress of work. Contractor’s representative shall be responsible for the general conduct of operations and shall accept the instructions and notices on behalf of Contractor.
8.2 Contractor shall arrange to provide boarding (Indian food) and lodging on the survey vessel(s) upto a maximum of Three (3) of the OIL and/or Indian Government personnel and/or third-party QC personnel for quality control and supervision of work during the field operation for each sector at no extra cost to OIL. The Contractor shall arrange for crew change of OIL’s / third party QC personnel as per operational requirement (which is generally about 14 days), at no extra cost to OIL. The crew change of OIL / third party QC personnel should be preferably by Helicopter, if seismic vessel is within Helicopter’s flying range otherwise through other suitable and safe mode of passenger transportation. In case, the crew change is done by boat, the same shall be carried out from the nearest port and suitable arrangement of berth and food shall be provided for long journey. The crew change of OIL’s / third party personnel shall not be done by fishing boat.
8.3 To ensure fast co-ordination, timely and effective professional communication between OIL and the Contractor on various issues/points related to this project, Contractor shall position in India duly authorised Resident Representative having qualifications and/or experience of at least Three (3) years on line professional experience in various aspects of seismic activities / operations and its management which are related to petroleum exploration. The said Resident Representative must be present in OIL premises at Kakinada, Andhra Pradesh or any other designated premises of OIL, within INDIA from the date of LOA till the date the contract is formally completed in all respects.
9. QUALITY OF WORK
9.1 The objectives of the survey, the survey parameters and work standards are mentioned in the tender document. Quality Control of the Seismic data is the responsibility of successful bidder. The Contractor shall carry out the services in a fully professional manner and warrant that the survey information produced shall be of a quality acceptable to OIL as specified in the tender document. Should the survey information produced is not of a quality acceptable to OIL, then the Contractor undertakes to re-perform that part of the services causing dissatisfaction, at their own expenses. OIL’s standards of performance shall be as detailed in Appendix-A and A2. The QC work standards provided by Contractor along with techno-commercial bid shall also be suitably incorporated in the contract. The quality of work shall be certified by OIL representative and/or third-party QC personnel.
10. TERMS OF AGREED PRICES
10.1 Mobilisation charges include delivery of vessel(s) required to be deployed for the job in the area of operation, after completing all legal formalities at the initial port of call, mobilization of all offered equipment, personnel to the work area and completion of all required instrument tests and streamer balancing and after the regular production work starts, as specified in Clause 3 of section-II.
10.2 In the event the vessel(s) is mobilised from a job in India, no mobilization charge is applicable.
10.3Demobilization charges shall include transit of vessel(s) from the work area to a suitable port, after completion of assigned acquisition work, and sufficient time at Dockside to remove all OIL's data from the vessel(s).
10.4 In the event vessel(s) is demobilized to a follow up job in India, no demobilization charge will apply.
10.5 The rates for data acquisition are all inclusive and inter alia include charges for bathymetry survey and operation, maintenance, upkeep, repair/replacement of vessel(s), equipment, instruments, hardware and software and all other equipment used for the survey work. Any damage/loss of the vessel(s), equipment etc. deployed for the work shall be the Contractor 's liability.
The payment for 3D Seismic and 2D Seismic work in line kms (LKM) at the specified rates shall be paid to the acceptable mid-point coverage as defined in the QC quality control specifications and standards for full fold coverage for 3D Seismic and 2D Seismic work duly approved in Daily progress reports by the OIL’s QC representative on board the vessel.
10.6 The rates include
(a) Cost of fuel and lubricants used in the survey vessel(s), papers, strip charts, photographic products, magnetic tapes/cartridges, consumables, computer stationery and all other expenditure required for work, incurred by Contractor during the course of Seismic data acquisition and also costs of 10.6 (b) to (h) as follows.
(b) Cost of providing boarding and lodging on-board the Survey vessel(s) up to 3 (Three) OIL’s /Government of India's representatives/ third party QC personnel.
(c) Payment of Tax, if any, on material bought in India and IGST (presently @5% of CIF assessed value) on Contractor’s eligible imports into India against Essentiality Certificate issued by DGH on the recommendation of Company.
(d) Royalty payment of fees and utilisation of patent rights, if any.
(e) The cost connected with port calls, pilotage and harbour dues, etc.
(f) The cost connected for line changes anywhere within the work area.
(g) The cost connected with reports etc. as per clause 7.
(h) Any expenses towards clearing of fishing activity and any compensation to the fishermen or any society shall be borne by the Contractor.
10.7 Processing of DGPS Navigation Data is Contractor’s responsibility and shall be done at no extra cost to OIL. Contractor shall also prepare post plots of survey lines and supply to OIL all outputs as per scope of work in section-II within fifteen (15) days after completion of data Acquisition.
10.8 Contract prices shall be firm and fixed for the period of the Contract and the Contractor shall not be entitled to any compensation for any variation in wage rates, cost of materials, overheads and any other reasons whatsoever.
10.9 Contractor’s rates for standby charges shall be as per day rate quoted by the bidder (Ref. Clause 16 below, and Price schedule)
10.10For the purpose of computation of charges for:
A) 3D seismic data acquisition, the chargeable CMP LKM is defined as:
The number of acceptable shots X the shot point interval X No. of streamers X 2. The payment will be restricted for full fold coverage within the Full fold boundary area only.
B) 2D seismic data acquisition, the chargeable LKM is defined as:
The number of acceptable shots X the shot point interval. The payment will be restricted for full fold coverage within first and last co-ordinates of the line.
No payment shall be made for run-in/run-out and overlap shots.
The work standard and QC norms as stipulated in Appendix A and A2 shall be applicable for purpose of acceptance of data for payment.
10.11The data acquisition rates shall be inclusive of all costs for DGPS as primary Navigation system.
10.12Data acquisition rates shall be inclusive of processing of DGPS positioning data and preparation of post plots of survey lines.
10.13Data acquisition rates shall be inclusive of all expenses towards cost of collection of data and other technical information, packing, handling, transportation, completion of all customs/statutory formalities, freight, insurance, etc. for handing over data to OIL, at Kakinada, Andhra Pradesh or any other designated premises of OIL within India after all formalities completed by the Contractor. The insurance policy shall be arranged from the reputed Insurance Company and shall be submitted to OIL along with other documents.
10.14Infill data acquisition payment will be as per actuals subject to the condition that payment for infill shall be restricted to 20% of the actual prime acquired in the block.
10.15No payment shall be made if work is stopped due to any of the pending clearances required from the Govt. authorities.
10.16No payment shall be made towards transit from one block/sector area to another block/sector area. Standby charges shall not be payable for extended line change for one direction shooting during data acquisition.
10.17Payment of last invoices for data acquisition and demobilization shall be released only after submission of all deliverables as per Clause no. A.22.10 of Appendix-A of the Contract.
11. OTHER OBLIGATIONS OF CONTRACTOR
11.1 Contractor shall upon completion of the work return to OIL all originals and copies of maps, documents, recorded magnetic tapes/cartridges and all other data supplied to them or generated by them in connection with the work. These are the absolute property of the OIL. Contractor has to ensure that after completion of the work, all the information will be deleted from the system.
The Contractor will be required to sign a confidentiality agreement as per format Appendix-O with OIL for the data to be provided by OIL during the contract period.
11.2 Contractor shall comply with Indian Laws and Regulations of Government of India including but not limited to Laws in respect of Navigation, use of wireless sets, maps and charts, entry regulations, security restrictions, foreign exchange, work permits, import of equipment, employment of Indian nationals and local customs. For any claim, fine, infringement of patents brought about by Contractor’s failure to comply with the existing laws and regulations, the same will be the sole responsibility and liability of Contractor except when the Company has undertaken such responsibilities under the Contract herein. OIL will, however, provide necessary advice and assistance as and when asked for in this regard by Contractor.
11.3 The Contractor shall arrange formalities and documentation required for the discharge from the vessel(s) all recorded data on magnetic tapes/cartridges which are the absolute property of the OIL, in a properly packed and secured
manner and deliver the same to OIL’s representative at a place assigned within India by OIL. All expenses to be incurred for such action are to be borne by Contractor.
11.4 Particulars of format of recording of Navigational and other related data will be furnished by Contractor to the Company for approval.
11.5 Ship to shore communication facility (E-mail, Fax, Voice etc.) shall be available to OIL’s on-board representative and third-party QC personnel for direct communication with OIL's office at no extra cost to the OIL.
11.6 Contractor shall take full responsibility for the protection, security and confidentiality of records, magnetic tapes/cartridges pertaining to data till the date it is handed over to the Company.
11.7 Contractor shall provide at its’ sole risk and cost, competent, skilled personnel including key personnel to perform the work. Contractor shall ensure that experienced Party Chiefs/Observers/Navigators/Processors, etc. shall continuously be available during the course of the Contractor.
11.8 Contractor shall be fully responsible for safe keeping of data cartridges in Air- conditioned and dust free environment till these cartridges are handed over to OIL.
11.9 The Contractor shall be responsible for timely arranging,
(a) The ‘Ministry of Defence’ (MOD) clearance, in respect of its vessel(s) and equipment to be deployed for the survey work.
(b) Clearance from Ministry of Home Affairs (MOHA) for all Contractor `s personnel
(c) Permission of DG shipping for plying the vessel in Indian waters as required.
However, necessary assistance by way of recommendation letters etc., for obtaining the said clearance shall be provided by the Company.
11.10 Contractor shall use suitable Indian boats other than fishing boats as per M.S. Act 1958 as chase vessels and as per guidelines issued by DG Shipping from time to time.
12. DATA RECORDING LIABILITY
The Contractor 's liability to Company for field cartridges shall also be as follows:
If the data is unable to be recovered from the tapes/ cartridges at the processing centre due to failure of proper recording by Contractor, Contractor shall either re- shoot or have reshot that portion of the survey sufficient to re- acquire the survey information damaged or lost, at its cost or refund the Company the sum initially charged plus 20% thereof for such recording efforts.
Contractor shall not be required to store, hold or save any drawing, seismic data tapes, reports, records or other information in any media about or arising from the services after completion of services.
Scope of Work:
The Contractor shall carry out processing of 2D & 3D Seismic data acquired under this Contract. The Contractor must execute seismic data processing as described in Appendix A2 of Section-II to carry out the jobs under this contract using state-of-the-art computer system with internationally used software which will be capable of carrying out Pre-stack 3D time migration and Pre stack depth migration, AVO Processing & Post Stack Inversion by experts having adequate
experience, mentioned in relevant clauses of this bid document, in carrying out similar jobs.
Contractor shall with its personnel and equipment, execute the processing of the 2D & 3D seismic data of Western & Eastern Offshore of India as per details in Appendix – A2 with professional competence and in efficient manner, and provide OIL with the best standards of work customarily provided by reputed Geophysical contractors to major oil companies in the oil industry.
Company reserves the option to increase/decrease the volume for 2D Seismic and/or 3D Seismic Data Processing up to +20% of the tender quantity. In case of any increase/decrease in quantum, it will be obligatory on the part of the Successful Bidder to carry out the job at the same rate, terms & conditions of the contract.
The outputs are meant for identification and evaluation of structural and stratigraphic prospects / leads for exploratory drilling with the help of the present optimally processed 3D and 2D seismic data. The Contractor is required to utilize other available geo-scientific data, well data, well logs etc. in and around the block area for integration of the geoscientific information.
Quantum of Work
The likely quantum of work to be carried out is as follows:
- 3D Seismic Data Processing PreSTM : 1020 Sq. Km (Full fold)
- 3D Seismic Data Processing PreSDM : 1020 Sq. Km (Full fold)
- 2D Seismic Data Processing PreSTM : 8400 LKM (Full fold)
- 2D Seismic Data Processing PreSDM : 8400 LKM (Full fold)
- 3D Seismic Optional Processing
Post Stack Inversion : 1020 Sq. Km (Full fold)
- 2D Seismic Optional Processing
Post Stack Inversion : 1000 LKM (Full fold)
The optional work for the 3D Seismic and 2D Seismic processing will be in intimated to the Contractor 30-45 days prior to the completion of the Contract. The volume of work for optional seismic data processing may increase or decrease depending upon technical requirement.
Payment for the processing jobs shall be limited to the full fold data as mentioned above.
Personnel and Equipment:
Successful Bidder shall deploy the key personnel for processing of seismic data viz. Project Manager and at least two (2) Processing Geophysicist(s) with a minimum experience of 10 years and 7 years respectively in 3D marine seismic data processing including optional processing. Successful Bidder shall also deploy at least one (1) Processing Geophysicist having 7 years’ experience of QC related processing jobs of PreSTM, PreSDM, AVO and inversion techniques as part of the team.
The Bidder shall provide a list of the hardware and software, along with the vintages/ version that they shall deploy for the entire processing job. Also, the place/processing centre where the entire processing job will be carried out shall be indicated in the Technical Bid. The bidder shall deploy industry standard processing software(s) along with suitable hardware prior to start of above said jobs.
The Successful Bidder shall submit a report on the test processing for finalization of production processing parameters for complete data set. The tentative processing sequence (refer to Appendix-A2) is envisaged for preserved/ true amplitudes processing of the seismic data; however, the actual sequence will be determined after completion of test processing in consultation with OIL representatives. It is also required to match the processed seismic data with available well information before the final processing is completed.
The entire volume of seismic data processing as indicated above is required to be completed by the Contractor within stipulated time as described in Clause no 3 of section II (scope of work). The Contractor is required to start the processing of the seismic data within 10 days of completion of seismic data acquisition in the respective block. If required, Contractor may initiate QC processing jobs prior to completion of Data Acquisition. However, this will be limited to data loading, Geometry update, QC, update of Navigation data, editing of the acquired seismic data, initial velocity picking etc. of the lines/swaths on which data acquisition completed.
In the event of Contractor’s default in completing the data processing jobs within stipulated time as described in Clause no 3 of section II (scope of work), liquidated damages will be levied as per Clause 17.0 of General Conditions of the Contract. After processing of the data in each block, Contractor shall deliver processed outputs as per deliverables mentioned in Clause of Appendix -A2 and Appendix H of section II.
13.1. Standby charges are applicable for lost time due to:
a) Deployment of vessel (s), if directed by the OIL, for purpose other than scheduled seismic surveys or other calibrations, over and above industry standards and practices or if the survey is temporarily suspended or if vessel(s) is displaced due to any modification or cancellation of such scheduled plan by OIL.
b) Excessive streamer feather caused by environmental conditions. Contractor shall refer the matter to OIL’s representatives when contractual specifications on streamer feathering are exceeded and the OIL’s representative will decide whether to continue or suspend the operations.
Severe weather certified by on-board OIL’s representative such that the survey operations are interrupted due to the streamer noise parameters being exceeded. Contractor will refer the matter to the OIL’s representative for agreement whether to continue or suspend the operations.
c) Interference due to fishing and naval activities. This time will include the time it will take to re-start the production if the seismic vessel(s) is forced to stop production as a result of the interference.
d) Interference from drilling activity or any other vessel(s) associated with drilling activity or seismic vessel(s) of other contractors, which cause acoustic noise exceeding the contract noise specifications.
e) Extended line changes, if any, due to fixed structures.
Note: THE STANDBY CONDITION AS INDICATED ABOVE SHALL BE SUBJECT TO THE FOLLOWING:
In case of stoppage of work as per clause no. 16.1 (a) to (e), OIL shall pay stand by charges as per price schedule for the first four (04) days. If such standby continues, Contractor shall be paid at 2/3rd of Standby rate for a period of next four (04) days, and if such Standby lasts for a further period, then for a further period of four (04) days Contractor shall be paid at 1/3rd of the Standby rate after which zero rate shall be payable to the Contractor.
16.1 OIL shall not pay any charges including standby charges for vessel(s) component and personnel for:
a) Time spent at port during routine port calls arranged by Contractor for change of crew, receiving supplies and time spent in voyage between port and work area.
b) Work stoppage due to break-down of vessel(s) or equipment or any other factors for which OIL is not responsible.
c) Time spent to conduct industry standard tests/calibration on all systems and equipment to ensure proper functioning of all systems prior to the start of survey.
d) Time spent on line changes anywhere within the same block.
e) Work stoppage ordered by OIL's representative onboard for non-compliance with quality standards.
f) Time spent for paying out/in of gun arrays and streamer, reconfiguration of streamers and source from 2D Seismic data acquisition to 3D Seismic data acquisition or vice versa, balancing of the streamer, periodic routine instrument checks and calibrations, to meet the requirements of work standards. Time spent on normal industry standard testing and calibration of all equipment. Such testing should include daily and monthly instruments tests, gun pulse monitoring, cable depth indicator calibration, navigation system calibration, cable positioning system calibration and other industry standard routine tests.
g) Time spent at port for initial security checks, custom clearance of the survey vessel(s), data drops and any other statutory requirements applicable under Government of India's Rules and Regulations.
h) Suspension of work (Work Stoppage) during normal tides and currents in the Survey area and suspension of work due to bad weather conditions, if any, due to monsoon.
i) Time spent for processing of recorded data for QC on board.
j) Standby charge shall not be payable if the Contractor continues the data processing job on board the vessel(s) for QC purpose after completion of data acquisition.
16.2 Standby time will not be applicable until the vessel(s) has been accepted and mobilization is completed.
14. PROTECTION OF ENVIRONMENT
14.1. In performance of the contract, the Contractor shall conduct the work with regard to concern with respect to protection of the environment and conservation of national resources. In furtherance of any laws, regulations and rules promulgated by the Government, the Contractor shall:
14.1.1 Employ generally accepted industrial standards, practices and methods of operation for the prevention of environment damage in conducting the work.
14.1.2 Take necessary and adequate steps to prevent environment damage and where some adverse impact on the environment if unavoidable, to minimize such damage and the consequential effects thereof of property and people; and
14.1.3 Adhere to guidelines, limitations of restrictions, if any, imposed by environment clearance as applicable on the date thereof and as environment clearance may be revised as a result of OIL or Contractor’s application(s) duly submitted after the effective date.
14.2 If the Contractor fails to comply with the provisions of clause 18.1 or materially contravenes any relevant law, and such failure or contravention results in substantial environmental damage, the Contractor shall forthwith take all necessary and reasonable measures to remedy the failure and the effects thereof.
14.3 If OIL has, on reasonable ground, to believe that any works by Contractor or any operations conducted by the Contractor are endangering or may endanger persons or any property of any person, or causing avoidable pollution, or are harming flora and fauna or the environment to the degree which is unlawful, OIL, may pursuant to applicable law, require the Contractor to take remedial measures within such reasonable period as may be determined by OIL and, if appropriate, repair such damage. OIL may, pursuant to applicable law, require the Contractor to discontinue seismic operations in whole or in part until the Contractor has taken such action.
14.4 Contractor shall be responsible for any pollution or contamination caused by him or his sub-contractor(s) including control and removal thereof.
15. KEY PERSONNEL AND EXPERIENCE OF THE EXPERTS OF THE BIDDER
a. The key personnel and crew should be experienced, skilled and suitably trained to carry out the job of seismic data acquisition as per the scope of work with professional competence. The key personnel like Project Manager, Seismologist / Geophysicist (Marine Operation Manager), Navigation Manager, Quality Control (QC) Manager and Party Chief(s) in respective positions.
i) For Sector-I: should have at least five (5) years’ experience in respective positions as stated above in 3D seismic data acquisition in offshore during the last ten (10) years to be reckoned from the original bid closing date.
ii) For Sector-II: should have at least five (5) years’ experience in respective positions as stated above in 2D/3D seismic data acquisition in offshore during the last ten (10) years to be reckoned from the original bid closing date.
HSE Manager should have at least 5 (five) years of in-line experience in seismic data acquisition from the date of NIT.
b. Experience of the experts proposed to be deployed shall be as per the above specified conditions. The Contractor shall take prior approval of OIL in respect of experts proposed to be deployed for the jobs of data acquisition. In this regard, Bidder shall submit an undertaking as per clause I (4) of BEC along with the techno-commercial bid. OIL shall have full authority to allow
or deny deployment of any expert based upon experience and suitability of an expert for a given job.
c. In case the number of experts as at a) above falls short, then OIL may stop the work till such time the specified number of experts are deployed. Consequences of any delay in project completion due to such stoppage of work shall be borne by the Contractor.
16. WORK COMPLETION
In case of localized physical obstructions in the survey area such as fishing nets (fixed, submerged), rigs, platforms, marine installations, restricted area including marine sanctuary, port area etc. the Contractor is able to complete 95% of each 2D & 3D Seismic work (awarded volume) in each area, then the programme will be deemed to have been completed provided the reasons for localized obstructions are certified by OIL onboard QC representative and accepted by Head (KG&BEP), Oil India Limited, Kakinada. However, Penalty shall be applicable as per relevant clause of General condition of contract.
APPENDIX-A SPECIFICATIONS OF 2D & 3D SEISMIC DATA ACQUISITION IN
WESTERN & EASTERN OFFSHORE, INDIA, DURING F.S. 2020-21
A.1. WORKAREA A1.1 Introduction
The survey is to be carried out in blocks KK-OSHP-2018/1 (water depth: 40-150m) of Kerala -Konkan Basin, West coast and AN-OSHP-2018/1 (water depth: 06- 400m) & AN-OSHP-2018/2 (water depth: 06-500m) located in the Andaman Basin, East coast of India. Location maps of the survey area are attached in Appendix-E of Section-II.
The Contractor should plan to acquire specific data, if any, for the block and local area that is required for the safe and timely execution of the data acquisition. Contractor shall make available the services of competent and qualified experts for planning, designing the proposed survey. The expert of the Contractor in association with OIL's representatives shall prepare a Project Report giving full details of the plan of work within 30 days of LOA. The Project Report should also contain the full description of the quality management methods to be employed by the Contractor to achieve the required quality standard. The Contractor shall provide personnel onboard having sufficient experience in the acquisition of 2D/3D seismic data.
A1.2 Geological Objectives, zone of Interest are indicated below:
Type of Data
Water depth within the Area (m)
Zone of Interest in msec. (TWT)
Zone of Interest in depth(m)
Sector-I, Western Offshore
KK- OSHP- 2018/1
40 m - 150 m
Up to 2500
Up to 3500
To evaluate the potential of structural and strati- structural play within tertiary sequences.
Sector-II, Eastern Offshore
AN- OSHP- 2018/1
06 m - 400 m
Up to 3500
Up to 4500
To delineate the structural and strati- structural play within tertiary sequences.
AN- OSHP- 2018/2
06 m - 500 m
Up to 3500
Up to 4500
To delineate the structural and strati- structural play within tertiary and cretaceous sequences.
A1.3 Survey Area
The general details of the survey areas as regards to the weather, currents & tides, bathymetry, obstructions and fishing activities are as follows:
A.1.4 Weather and Field Season
Monsoon period in the area is generally between June to September however Monsoon period may vary and can be ascertained from Indian meteorological department. The fair-weather window for the area is generally considered from October to May of the following year and this duration of about eight (08) months is termed as “Field Season”.
A.1.5 Bathymetry, Currents & Tides
The Bidder/Contractor is expected to familiarize themselves with the seabed bathymetry and water depths in the area. The currents are essentially caused by the tides, the tidal flow is unsteady and the magnitude and direction of the current varies with respect to location, time and depth. For the proposed area of work, the data of the previous years is available in public domain and more specific information can be had by the bidder from the Meteorology department.
Apparently, the blocks appear to be free from offshore installations. However, any exploration and production activity around the block(s) cannot be ruled out.
A.1.7 Fishing Activity
Fishing activity is expected in the area. Fishing vessels are generally small vessels with limited crew and capabilities, few vessels will have both radar and radio facilities. Appropriate planning with the local fishing community will need to be implemented by the Contractor and adequate number of chase vessels will also need to be employed by the Contractor. Managing the fishing activity in the area is Contractor’s responsibility.
Contractor shall use suitable Indian boats other than fishing boats as per
M.S. Act 1958 as chase vessels and as per guidelines issued by DG Shipping from time to time.
The work that the Contractor will perform during data acquisition phase shall comprise
1. Seismic data acquisition as per specifications given under A.10
2. Acquisition of bathymetric data concurrently with seismic data acquisition.
3. Recording of Navigation & Positioning data unambiguously tied with seismic and bathymetric data.
4. Regular delivery of seismic and relevant data to the Company, as and when these data become available.
5. Onboard QC processing during seismic data acquisition as defined in Clause A16.9 of section-II.
The survey areas are situated in the Eastern and Western Offshore of India. During the proposed survey period under this tender, oil gas field activities near the survey area by other agencies may also go on concurrently. It will be necessary to prioritise the area to avoid interference from such simultaneous activities
The bidder shall indicate and describe the technology offered in the technical bid.
A.3 SURVEY VESSEL(S)
Bidder may offer any number of vessel(s) fitted with minimum six (06) streamers (limited to eight streamers) with streamer length as specified in A.10 of Appendix- A of Section-II, dual source (in case of 3D Seismic) and other equipment as per specification for the purpose of evaluation for each sector. The survey vessel(s) should be fully equipped for streamer mode data acquisition and seismic data processing for QC. (i.e., a suitable data acquisition technology with equipment).
The Bidder should clearly indicate the vessel(s) offered for which the offer is submitted. The number of suitable short-listed survey vessels will be communicated to the technically acceptable bidders before the price bid is opened. The bidder will have to ensure deployment of seismic vessel(s) out of short-listed vessels only. The age of the offered vessel should be less than 24 years on the date of NIT.
A.4 ENERGY SOURCE SPECIFICATIONS
Energy source shall be single source for 2D Seismic survey & dual source (flip-flop) for 3D Seismic for achieving the geological objectives. Company is interested in considering the applicability of different gun configurations with varying characteristics for the selection of the best gun arrays suitable for the area. Nominal tow depth requirement for the source for bidding purposes shall be specified by the Bidder. With each array offered, the Bidder shall indicate the array configuration along with the critical guns.
The nominal pressure and towing apparatus must sustain full array operation at speeds up to 5 knots per hour during routine data acquisition. The gun arrays should have strength as mentioned in A.10 in Appendix-A of Section-II. The source should be controlled through state-of-the-art source synchroniser.
Source signature with regard to peak to peak strength, primary to bubble ratio and frequency spectrum must be furnished along with the Techno-commercial bids as per B.1, Appendix-“B” for different gun arrays offered.
Gun depth, volume and operating pressure shall be recorded in the observer's log at the start and at the end of each line and at shot point intervals not greater than forty (40) shots points. All deviations shall be recorded in the observer's log.
Prior to commencement of regular production work, the air gun array must be charged to working pressure and individual gauge readings at the output side of the distribution will be recorded. The air supply must be shut off and each gauge monitored over a ten-minute period. Pressure loss in excess of 10% for any circuit must be corrected. These tests must be repeated during the course of the
production work on a daily basis and whenever maintenance has been performed or whenever any gun is suspected for malfunctioning.
No separate source vessel is required as there are no platforms in the area.
A.5 GUN CONTROL SYSTEM
Computer controlled precise energy source synchronization system is to be kept onboard to control firing of gun arrays and it should be equipped with display arrangement. It should have graphic screen display and various parameter printouts to assist operator to continuously monitor the performance parameter of individual guns. The summary of printouts may provide listings of the offset, delay and error value in milliseconds for all the guns in the system at shot point intervals not greater than forty shot points. The system shall be capable of identifying the firing array and unambiguously tagging correct shot / file number.
A.6. SEISMIC STREAMER
A.6.1 The streamer should be digital type and meet the standards of the Industry. The streamer electronic modules should be capable of digitizing analogue data into 24 bit.
Type of streamer: Digital (Solid/Gel) Group interval: 12.5 m
All Streamers' sensors should be in good electrical and mechanical condition throughout the period of survey and also should have sufficient back-up facility for normal operation. Contractor should ensure that Sensors in the streamer as well as individual channel response should conform to the manufacturer's specification.
Although data is to be acquired at 12.5 m group interval, but if data is acquired at less than 12.5 m group interval, the same is acceptable provided the raw data is provided to the Company at no extra cost.
A.6.2 The streamer should have adequate number of depth controllers (at discrete interval of not more than 400 m). It should also have lead-in and stretch sections as per standard practice in the industry. Details are to be provided as per Appendix-"B". The streamer should also be fitted with cable compasses (at discrete interval of not more than 300 m) to determine streamer position/shape.
A.6.3 The streamer should be optimally ballasted and should be towed at a depth 7-8 m. However, for shallow bathymetry, the streamer may be kept at a lesser operating depth provided the streamer noise is kept within specifications. The Contractor will take prior approval from Company for streamer towing depths. Depth readings will be recorded every 40th pop or more often.
A.6.4 The receiver locations along the streamer shall be monitored using the state of art cable compasses (placed at discrete interval not more than 300 mts along the streamer) and acoustic sensors networks should be provided. The data from these compasses and acoustic networks will be integrated to provide exact location of each and every receiver groups on the streamer. Provisions should exist to provide hard copy recording of compass values and feather angle at an interval of 40 shots.
A.6.5 Calibrated Depth Transducers shall be deployed at discrete interval of not more than 400 m along the streamers.
A.6.6 Tail buoys should be fitted with RGPS.
Note: Cable compasses may be at an interval not more than 900m in case of fully braced network.
A.7. RECORDING INSTRUMENTS
A 7.1 The seismic data shall be digitally recorded in SEG-D demultiplexed format on IBM 3592 compatible Cartridges. There should not be any deviation from the SEG recommendations.
The cartridges used for recording shall be new only, from one of the best known brands widely used by seismic industry. Sufficient numbers of cartridge drives should be available for uninterrupted data recording.
The offshore seismic data should be recorded in standard SEG D de- multiplexed format. The Contractor must provide the byte locations of all relevant information written in external and extended header in a four column ASCII file. The serial number of the word should be reckoned from byte 1 of the general header. Shot and CDP locations in the SEG Y header must be specified and the same location is to be maintained.
The entire marine streamer positioning data must be in the following formats.
a) Post processed navigation data : UKOOA P1/90
b) Raw navigation data : UKOOA P2/91or P2/94 No proprietary navigation data format is acceptable.
All navigation logs along with the line wise processing report of navigation data must be provided to the processor. All navigation edits carried out onboard should be provided in ASCII files on a DVD/3592 tape as a text or xls files.
The Contractor should provide the description of recording format.
A.7.2 3D Seismic BINNING SYSTEM (Applicable for 3D Seismic data acquisition)
Provision should exist for a system capable of displaying the bin coverage in real time and producing high-resolution colour displays with a provision for hard copy. The system must have the features like (but not limited to):
Provide real time bin coverage and high resolution colour display with the provision for hard copies.
Ability for bin editing
Display the operator defined offset ranges and analyse fold contributions
Azimuth & offset distribution display.
Provide accurate real time steering information, for optimum trace steering for any user defined input.
Duplicate offset reduction as a user selectable option
Apply operator selectable flex criteria in either the cross line or in line directions as a function of offset.
Various attribute display
A.7.3 The Navigation data recorded on cartridges should be in UKOOA format. `Raw Data' and `processed’ navigation data should be generated / recorded separately on cartridges (IBM 3592 compatible) in the relevant UKOOA P2/ P1 formats. If requested, the above navigation data may also be provided in DVD.
The precision fathometer shall be operated throughout the course of survey and also the data should be recorded along with the navigation data. All fathometer data will be corrected for draft, velocity and tides. Draft and velocity corrections will be clearly mentioned on logs, required for seismic processing. Contractor may have the option to use current and salinity measuring equipment if required subject to MOD clearance during 3D Seismic survey, at no extra cost to the Company.
A precision dual frequency echo sounder with hull mounted transducer is required for observations of water depth.
A.9.1 DIFFERENTIAL GLOBAL POSITIONING SYSTEM (DGPS)
The Contractor shall deploy, maintain and operate as a minimum a Primary and Secondary DGPS based positioning system for the vessel and a complete source and streamer positioning system capable of continuous operation and with a sufficient level of redundancy to enable gross error detection/removal. The Secondary system shall be in its functional elements, including the source of differential corrections, as independent as possible from the Primary positioning system.
Acoustic methods shall be used in combination with RGPS systems and gyro (when required) to establish the centre of source(s) and streamer node positions. All individual acoustic networks (front, mid and tail end) shall be configured with at least two acoustic nodes on each streamer.
Sufficient redundancy shall be included in the integrated design of these systems to allow limited failure of equipment without severely affecting the positioning accuracy. Observation redundancy shall be at least 30% in all sub networks (front, mid and tail end).
All streamer compasses (in use and spares) shall have a manufacturer’s certificate. The compasses must be verified by using an online method of verification using compass data from the short-listed vessel’s recent surveys presented to and is accepted by Company prior to commencement of the survey. If a significant bias > 0.5 degrees is detected on a particular compass, the respective unit should be removed from the survey spread and re-calibrated.
If utilised in navigation data processing, gyro compass shall be verified online using a suitable online verification system (e.g. DGPS baseline or GPS Attitude Determination System).
A.9.3 POSITIONING PROCESSING and QC
Navigation data processing should preferably be carried out in one integral network adjustment using all available data simultaneously, allowing for determination of statistical properties for all nodes positioned within the seismic spread. The calculation of source and receiver group co-ordinates shall include full statistical analysis including outlier detection and calculation of reliability measures, using the redundancy in the navigation data available.
All position processing and post-processing shall be completed on board. The Contractor will be expected to demonstrate within 24 hours of acquisition to the Company onboard representative that the required accuracy has been met and that all post processing has been finalised.
All final/provisional positioning data and a daily log of all relevant positioning information (e.g. verification checks and results, system malfunctions, signal strength, periods of signal instability, deviations from pre-programmed lines, satellite fix parameters) shall be made available to OIL’s onboard representative on daily basis.
A.9.4 WORK / QC STANDARDS FOR NAVIGATION
1. DGPS must derive hardware/software phase smoothened code data by either carrier aided smoothing (CAS) or integrated Doppler smoothing (IDS).
2. DGPS must have an update rate of not more than 4 secs and a latency rate of not more than 10 seconds.
3. DGPS should have an accuracy of (+)/ (-) 5 metres using standard single frequency C/A code equipment.
4. All positioning data at reference stations; monitor/control stations must be logged in WGS 84.
5. All data must be time tagged to GPS, time. On the mobile, this time should be used to time tag all positioning, seismic system, etc.
6. All available system QC data must be documented and include an explanation of the derivation of the information. Parameters must be quantified vis-a-vis the required accuracy.
7. As QC criteria, the DGPS computation should be based only on satellites with elevation more than 100 and PDOP values shall not exceed 4.
8. All ionospheric and/or tropospheric models and corrections applied must be documented.
9. The relative accuracy of all reference and monitor co-ordinates should be established in terms of WGS 84 to an accuracy of 1.0 metre laterally and 1.0 metre vertically or better.
The Integrated Navigation System shall provide a recorded position for each shot point location. Navigation data shall be identified by date, time, line, and shot point. Unique correlation between Navigation shot point number and seismic shot point number to be maintained.
11. Prior to survey commencement:
i) All positioning system equipment shall be calibrated in accordance with the acceptable industry standards. No equipment modifications, exchanges, or repairs will be made without informing OIL once the survey commences.
ii) All necessary spare parts, operation and maintenance manuals, pre-plots, overlays, navigation charts, etc. shall be annotated with the co-ordinate system employed (Geodetic datum, Ellipsoid grid system, Projection, Central meridian, Standard parallels/origins, False Northing/Easting).
12. The correlation of shot point nos. and seismic record nos. should be continuous. Whenever a mismatch occurs, it should be recorded and reconciliation between shot points and seismic file nos. is to be maintained.
13. While OIL accepts that, as DGPS is a stand-alone system, there is some risk of downtime due to system manipulation. All other system downtime due to lack of differential signals and equipment failure of all kinds will be the responsibility of the Contractor. Downtime for the seismic crew due to DGPS non-space segment problems (e.g. equipment failure, lack of redundant link etc.) will under no circumstances be chargeable to OIL.
Prior to mobilization for the Survey, the Contractor shall present for agreement of OIL and for reference by the OIL’s onboard representative, a documented strategy to achieve the required positioning accuracy. The plan shall as a minimum comprise of:
- Description of equipment
- Calibration and QC procedures
- Equipment spares levels
- Observation redundancy levels
- Acceptance criteria,
- Methods to assess network reliability
After mobilization, the positioning strategy document shall be updated with actual equipment to be used and serial numbers, offset diagrams giving relevant offset measurements from the applicable reference point(s) and calibration/verification results.
After having received survey details, Contractor shall submit preplot maps and listings to OIL for approval within 5 working days.
A.9.6 CO-ORDINATE SYSTEM DEFINITION
OIL will provide Contractor with the coordinate system parameters relevant to the survey. These shall be reflected in the pre-plot maps and listings to be approved by OIL before commencement of the survey.
A.10. PRINCIPAL PARAMETERS OF SEISMIC SURVEY
2D & 3D conventional seismic reflection survey shall be carried out with the following minimum principal parameters using digital streamer in KK- OSHP-2018/1, AN-OSHP-2018/1 and AN-OSHP-2018/2.
3D Seismic conventional
2D Seismic conventional
(AN-OSHP-2018/1 and AN-OSHP- 2018/2)
Type of Streamer
Digital (24 bit digitization) –(Solid/Gel)
Digital (24 bit digitization) – (Solid/Gel)
Minimum 06 ( limited to 08 )
Group interval (m)
25 m (flip flop)
7m (+/-1 m)
7m (+/-1 m)
Nominal Near Offset (m)
150m or minimum possible
150m or minimum possible
+/- 10 degree or as accepted by OIL
+/- 10 degree or as accepted by OIL
Number of sub arrays per gun
5m (+/-1 m)
5m (+/-1 m)
Source Strength P-P
>70 bar-m or more (filters: out-128 Hz/ 72 dB per octave
>70 bar-m or more (filters: out-128 Hz/ 72 dB per octave
Source P/B Ratio
Record length (sec)
Sampling Interval (ms)
6.25 m x 25 m
NE-SW (or as approved by Company’s representative).
Along 2D Seismic lines
NOTE: In case Bidder’s specifications are better/higher than the tender requirement, the same shall be acceptable to OIL.
Contractor shall carry out survey design and evaluation exercise to re-validate / fine tune the above acquisition parameters, immediately after the award of LOA.
Modeling results along with project report should be presented at OIL premises before mobilization of the vessel to Indian offshore to conduct the survey on agreed parameters.
Polarity shall be in accordance with SEG specifications. A compression shall be recorded as a negative number on tape and produce a downward displacement of the monitor waveform. Prior to commencement of the work, the polarity shall be checked for all traces. A Polarity check shall be repeated each time a streamer sections is repaired or replaced before the work is resumed.
A.11 OFFSET DISTANCE
Offset distance between the centre of the gun array and the nearest receiver group should be as short as possible without increasing noise. The offset should be multiple of the group interval.
A.12 DETECTOR DRIFT
Maximum feathering allowed is 10 degrees on a line with reference to the line of traverse. However, OIL’s representative can relax this limit considering the local environmental conditions. Streamer tracking data may be continuously recorded. Feathering data should be taken and logged at the start of every line and every 40 (forty) shots thereafter on observer’s log.
In case of interrupted lines and extended lines the data shall be recorded in such a manner that subsequent processing of combined data batches will yield continuous full fold sub-surface coverage and bins filled as per clause A.16.3 of section-II at no extra cost to OIL.
A.14 PLAYBACK MONITOR RECORD
Provisions of playback of records should be made available to OIL’s QC representative as and when asked.
A.15 SPREAD GEOMETRY DIAGRAM
A spread geometry diagram showing antenna position, detector position, shot position, shot depths and offset should also be submitted along with each data shipment. If parameters change, additional spread geometry diagram shall be submitted showing changes with effective time, day and shot point of the line on which such changes are introduced.
A.16 WORK STANDARDS
Prior to commencement of data acquisition, the following must be satisfied:
a) DGPS positioning health check and gyro (or equivalent heading sensor) calibration are done. The Contractor shall either carry out the GPS health check and navigation calibrations at a port (while the vessel is alongside) in India or submit detailed report of navigation calibrations/ health check carried out by a third party recently. However, OIL reserves the right to get the calibrations/ health checks repeated at an Indian port.
b) All recording instruments to be proven to be functioning to manufacturer’s specifications.
c) Prior to commencement of regular production work and at intervals mutually agreed upon, all equipment tests and procedures specified by the manufacturer are to be performed by the Contractor and the results be delivered to OIL’s representative. Also, the following tests are to be done before the start of survey or whenever some streamer sections/ electronic modules are replaced.
1. All equipment tests as mentioned above
2. Noise & Polarity test (before start of each line)
The test performance of all equipment should conform to the recommended specifications of the manufacturers.
d) Before commencement of the survey, all equipment tests should be performed onboard. Deficiencies in the test reports, if any, shall be corrected and verified before work commences. During the Survey, all the tests shall be performed and analysed periodically as per user manufacturer’s specifications for satisfactory recording of data. The test cartridge and processed results so generated shall be supplied to OIL.
e) Adequate stretch section will be provided at the front and rear end of streamer to minimize cable jerk. Prior to start of survey, tests shall be performed to determine the best combination of propeller pitch and RPM to minimize ship’s induced noise.
f) Cable noise will be monitored and recorded on the cartridge within one km. of the start and end of each line or at any other time if requested by OIL’s representative. This noise record will be taken with the instrument switches set as for production. On one channel an oscillator signal of amplitude approx. equal to the maximum permitted noise [rms amplitude equal to 7 microbar x cable sensitivity (micro volt/microbar)] will be recorded for reference purposes. Playbacks of these records will be made in fixed gain such that the camera traces have sufficient amplitude to enable noise measurement to be made. These noise strips will be annotated with date, line no., propeller rpm and pitch, boat speed, sea state and direction. The average noise level and any anomalous group will be noted on the observer’s log. Streamer noise will be given in micro-bars RMS and measured over the full recording cycle with recording filters and with the streamer at the specified tow depth.
g) At the operating depth the ambient cable noise shall not exceed seven (7) micro-bar rms for a group length of 12.5m. For groups closer than 250 m from the vessel and for three groups nearest to the tail buoy, the ambient cable noise may exceed the specification, but should be within 14 micro- bar rms. The maximum noise levels for groups adjacent to depth controllers shall not exceed 14 micro-bars rms. For shallow water blocks where the streamer needs to be towed at shallower depth, the ambient
cable noise permissible is upto 20 micro-bars. All groups that fail to meet the above specifications will be regarded as bad and will be marked as such on the Observers’ log. Higher noise levels due to factors beyond the Contractor’s control (e.g. nearby seismic operations, drilling activity or adverse weather conditions) may be acceptable but only at OIL’s representative’s discretion. All such instances will be fully documented on all relevant observers’ logs.
As a general guideline, average swell noise of up to 25 µbar on 5% of shots per line for less than 2 seconds duration may be tolerated. Effects of swell noise will be evaluated using onboard QC system. Higher swell noise levels may be acceptable subject to OIL QC Representative’s approval.
Coherent noise shall be assessed according to the following:
Amplitude of the interfering signal
Duration of the noise
Repetition and synchronization of the interference
Moveout of the interference
i) Constant interference up-to 10 µbar may be acceptable up to a maximum duration of 4 seconds.
ii) As a general guideline, coherent noise should not exceed the following limits:
Noise coming from astern and ahead of the streamer:
Max. Noise (µbar RMS)
More than 300 msec / km
150-300 msec / km
0-150 msec / km
Coherent noise sources should be identified and logged. Action should be taken to ensure shot to shot timing differentials of the noise exceed 500 msec. Coherent noises that consists of horizontal reflected energy from the acquisition vessel is to be exempted from the specification.
Noise coming from the beam (or side) can be particularly harmful and difficult to deal with in processing. In general terms, only low levels of interference from the beam may be accepted for short duration within a record. In these situations, the use of onboard QC/processing systems are necessary to fully evaluate the effects on the data.
h) The streamer will be balanced for neutral buoyancy. This will be checked prior to the start of survey to ensure that it runs at the specified operating depth with the boat steaming at normal shooting speed.
i) The birds will be displaced as far as possible from section hydrophones to minimize noise. The operation of the birds will be checked on deck before deployment.
j) Noise record shall be taken both on cartridge and monitor record before start of line and after end of line.