ONGC PMC Circular: Tender Process Updates
ONGC PMC Circular: Tender Process Updates
•
5, Nelson Mandela Marg, Vasant Kunj, New Delhi-110070
Tel· (011)26752012
Circular No. 36/2025 - cum-lMMM Amendment No. MM/161/2025 and BL amendment no.
BU01/170 & BU02/141
Sub.: Modifications in various IMM Manual /Tender provisions for simplification of tender
process.
MCoDP, in its meeting 13/2025 held on 29.03.2025, deliberated on the various procedural issues
being faced in procurement and modifications required for simplification of tender process system and to
optimize the overall procurement process. Accordingly, as per the approval, relevant provisions of the
Integrated MM Manual and ONGC booklets ONGC/MM/01, ONGC/MM/02 and Services, stand modified
as per Annexure-1 and Annexure-2, respectively.
For tender floated on GePNIC/Other than GeM portal, the tender document of ONGC is being
utilized, the respective tender processing group can club all the relevant undertaking possible for
clubbing and publish as per requirement. CPD/work centers/TPGs accordingly may
simplify/design tender document on various confirmations. The incorporation of all such
undertakings in GePNIC system may be undertaken by CPD.
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3. Timeline for submission of PBG/Security Deposit:
The time for submission of PBG/Security Deposit is increased from 15 days to 30 days from date
of NOA without out any penalty and from 3151 day penalty may be imposed for delayed period
per week basis.
In case PBG is not submitted within 30 days from the date of NOA, provision may be incorporated
that a sum equivalent to 1.5%(one and half percent) of the amount of Performance Security
per month for such delay or part thereof shall be recovered from the first Bill/invoice (& any
remaining amount from subsequent invoice) submitted by the supplier/contractor.
HPO of work centre/L-11 of CPD/L-11 of Tender processing group has to monitor the cases for
timely submission of SD. Any delay beyond 30 days from date of scheduled submission shall be
apprised to concern L-1 through lndentor for needful action including cancellation/termination of
PO/Contract.
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6. Additional undertaking for PPP-MIi compliance in case of suppliers participating in
tenders as resellers/ distributors with a backup authority letter from the manufacturer:
In case of suppliers participating in tenders as resellers/ distributors with a backup authority letter
from the manufacturer, the manufacturer should provide an undertaking, which must be
submitted by their authorized supplier along with the bid to avoid unnecessary rounds of
clarifications as follows:
The undertaking provided by the manufacturer on behalf of the supplier should clearly state that:
(i) The OEM authorises its supply house for local value addition of % at _
(location).
(ii) The OEM confirms that its authorized reseller! distributor has the necessary technical
capabilities and resources to carry out local content addition.
(iii) The OEM confirms that the warranty and guarantee of the final finished product will
continue to be provided by the OEM.
7. Correspondence by NTA & CPD with potential bidders during currency of the tender:
Vide PMC Circular no. 40/2024 dated 25.09.2024, Guidelines were issued on unsolicited vendor
engagement by NTA & CPD during currency of the tender. The said guidelines are modified as
under:
Existing Guideline Modified Guideline
To avoid any potential conflicts, NTAs are To avoid any potential conflicts, NTAs are
not allowed to directly engage with potential not allowed to directly engage with potential
bidders when the tender is live, and all bidders when the tender is live, and all
interactions are to be carried out in the interactions are to be carried out in the
presence of a CPD dealing officer only for presence of a CPD dealing officer only for
matter related to pre-bid meetings, post-bid matter related to pre-bid meetings, post-bid
conferences, and other aspects directly conferences, and other aspects directly
related to successful/logical closure of the related to successful/logical closure of the
tender. NTAs should not engage in 1: 1 tender. NTAs may avoid engaging in 1 : 1
discussion with the vendors during the discussion with the vendors during the
currency of the tenders. These rules would currency of the tenders, however, if it's
be applicable also for CPD manpower, unavoidable, all discussions are to be
however, they can engage/discuss with carried out in the presence of a L-11 of
vendors on action items that require NTA/Respective User Group/Indenter.
handholding and support items like These rules would be applicable also for
submission of tender, any technical CPD manpower, however, they can
challenges faced by vendor. Engagement engage/discuss with vendors on actionable
with vendors during the currency of the items that require handholding and support
items like submission of tender, any
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tender should be strictly done without any technical challenges faced by vendor.
bias/prejudice. Engagement with vendors during the
currency of the tender should be strictly
done without any bias/prejudice.
However, CPD/MIND should organize
regular interactions with the vendors
involving CPD and NTA at office
conference rooms on market study
related to various latest
technologies/upgradations which will
help in proper design of tender.
8. Format for Bid evaluation proposals (after TBO) and Procurement Evaluation Committee
Minutes (after price bid opening):
The format for Bid evaluation proposals and PEC (after price bid opening) while submitting the
proposals/minutes for approval of competent authority in all tenders is attached as Annexure
FBEP.
Suitable provisions in other tenders (e.g. Works/LSTK/Charter Hire of Rigs etc.) shall be incorporated
by the concerned TPG.
I / 6S1tJJL("
(Shibu A. M nuel
Executive Director - Head MCoDP Cell
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Annexure-1
Opening of bid shall be as per process Opening of bid shall be as per process
defined in GeM Portal. defined in GeM Portal.
Presence of bidder (supplier) will not be Presence of bidder (supplier) will not be
required during bid opening. required during bid opening.
Clarifications may be sought from the (i) Clarifications and Post bid
bidders as per provisions on GeM conference procedure as laid down in
portal. this Manual for GePNIC tenders shall
be followed for GeM Tenders
(PEC) will be held for cases valuing up Committee (PEC) will be held for
against ONGC Rate Contracts and also required for value of Indent above
for emergency purchase under chapter Rs. 10.00 lakhs wherever required
(includes addre7,,yig , of
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25 of BDP shall be processed by the commercial pre-bid queries) as
Indenting/User Section directly, without decided by the Head Procurement
referring to BEC Formulation Committee Officer/L-11 of CPD/ Head of TPG.
or PEC. For award of contract against
nomination cases irrespective of the c) PEC is required in all cases of
value BEC Formulation Committee or Indent /tender value (Whichever is
PEC shall comprise of representative of higher) of above Rs.10.00 lakhs to
Indenting/User Section and Finance take decisions after price bid
Section at respective level. BEC opening till award and deal with all
Formulation Committee is not required post contract issues.
for OEM/OES cases. However, in
complex cases, where opinion offinance d) Irrespective of the value of the
is required, associated finance can be case, placement of orders against
approached by indentor. PEC will be ONGC Rate Contracts and also for
required in OEM/OES cases above Rs. emergency purchase under
10 lakhs. Note: OEM/OES cases should chapter 25 of BDP shall be
be reported on quarterly basis by processed by the Indenting/User
workcentre to Chief Technical Services Section directly, without referring
and any exceptions in procurement of to BEC Formulation Committee or
spares should be brought to the Notice PEC.
of MCoDP by CTS.
e) For award of contract against
nomination cases irrespective of
the value BEC Formulation
Committee or PEC shall comprise
of representative of
Indenting/User Section and
Finance Section at respective
level.
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Note: OEM/OES cases should be
reported on quarterly basis by
workcentre to Chief Technical Services
and any exceptions in procurement of
spares should be brought to the Notice
of MCoDP by CTS.
13.3.2 All the bids received in respect of an All the bids received · in respect of an
enquiry or advertisement should be enquiry or advertisement should be
tabulated in the comparative statement tabulated in the comparative statement
(in the standard from (Appendix-15) (in the standard from (Appendix-15)
prescribed for this purpose). In QCBS, prescribed for this purpose) wherever
the comparative statement will contain system-based/portal-based CS is not
scores in both stages under 'Two bid' available. In QCBS, the comparative
system. All details required will be statement will contain scores in both
entered in the statement. For the stages under 'Two bid' system. All
tenders invited under Two bid' system, details required will be entered in the
Comparative Statement should be statement. For the tenders invited under
prepared at each stage (i.e. after Two bid' system, Comparative
opening of technocommercial bid and Statement should be prepared at each
price-bid) and the commercial part of the stage (i.e. after opening of techno
comparative statement at techno- commercial bid and price-bid). and the
commercial stage and the comparative commercial part of the comparative
statement at price bid stage will be duly statement at techno commercial stage
vetted by Finance as per provisions and the comparative statement at price
under clause-13.3.8 and 13.3.10 below. bid stage will be duly vetted by Finance
as per provisions under clause 13.3.8
and 13.3.10 below.
The Commercial CS shall be prepared
manually by the Dealing
asstt./Dealing officer of concerned
tender processing group (only in
cases where system-based/portal
based CS is not available) and the
Commercial CS shall be part of the
proposal for tender evaluation while
submission to Competent Authority
for approval. Wherever system-
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the tender processing group shall
ensure that all the commercial terms
are complied with while submitting
the proposal to competent authority.
(Eg. For GePNIC cases, the Dealing
asstt./Dealing officer shall utilize the
General Technical Evaluation (GTE)
feature when publishing the tender
wherever possible in the GePNIC CPP
Portal, which will automatically
generate the Commercial CS,
including the compliance status of
each bidder.)
Price CS vetting shall not be required
in tenders where the tendering
portal/system automatically gives the
ranking of the bidders as per on-line
price format.
In cases where the tendering
portal/system does not automatically
gives the ranking of the bidders, Price
CS shall be prepared by the Tender
processing group and vetted in
finance as per provisions under
clause-13.3.8 and 13.3.10 below.
13.3.4 The commercial part of the comparative The commercial part of the comparative
statement at techno-commercial stage statement at techno-commercial stage
as well as the comparative statement at as well as the comparative statement at
price bid stage will be prepared and price bid stage will be prepared and
signed by the concerned Dealing Asstt ./ signed by the concerned Dealing Asstt ./
Dealing Officer of MM department. Dealing Officer of TPG, wherever
system-based/portal-based CS is not
available.
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available on issuing
agency/organization website such as
API.
13.3.8 The comparative statement will be The Price comparative statement will be
checked and signed by the officer of checked and signed by the officer of
Materials Management/Tender Materials Managomont/Tender
processing group and Finance for processing group and Finance for
vetting(only for tenders exceeding the vetting(only for tenders exceeding the
value of Rs.1,00,000.00 ) as per value of Rs.1,00,000.00 (In cases
monetary limits indicated below before where the tendering portal/system
the same is submitted with details / due does not automatically gives the
recommendations to Procurement ranking of the bidders) as per
Evaluation Committee {after price bid monetary limits indicated below before
opening)/ Competent Purchase the same is submitted with details / due
Authority: recommendations to Procurement
Evaluation Committee (after price bid
opening)/ Competent Purchase
Authority:
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further on the basis of such implied further on the basis of such implied
confirmations. confirmations.
The documents (other than tender
specific undertakings) submitted by
bidders in any past tenders of ONGC
can be considered in evaluation
provided same meets the SEC/tender
requirement. The tender processing
group (TPG) may consider these
documents after TBO and evaluation
may be carried out considering these
documents and same shall clearly be
specified in the evaluation repo~ and
while obtaining the approval of
competent authority for short listing
of bids. If documents which are
considered for evaluation are not
meeting tender requirement, work
centre may seek deficient documents
as per the guidelines in IMM Manual.
13.4.9 The guiding principle in accepting The guiding principle in accepting
clarifications is that the basic structure of clarifications /confirmations /deficient
the bid already submitted by the bidder documents submitted by the bidder
should not be allowed to change after shall be the following:
opening of bids.
a) Clarifications/Confirmations/
Documents submitted by bidder as a
part of clarification should not
contradict the documents submitted
with the original bid.
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JV/consortium, supporting company
criteria.
13.4.3 However, in case after opening of un- However, in case after opening of un-
priced techno-commercial bids, if it is priced techno-commercial bids, it is
observed that clarifications from the observed that
bidders on important techno-commercial clarifications/confirmations/ deficient
aspects are necessary for enhancing documents from the bidders on
competition in the tender, seeking important tech no-commercial aspects
confirmations from the bidders is are necessary for enhancing
allowed, on the issues where the bidder competition in the tender, seeking
confirms com12liance in the evaluation confirmations from the bidders is
matrix and contradiction exists on the allowed. An)!'. new or additional
same issue due to lack of reguired documents not submitted with the
SU[2[20rting document in the bid (i.e. original bid will be acceQted1
document is deficient or missing) or due Qrovided the)!'. comQl)l with the BEC
to some statement at other 12lace of the Qrovisions. 9A tRe iss1:1es wl=leFe tl=le
bid (i.e. re-confirmation of comgliance) eiEIEleF 69AfiFmS sempliaAse iA tl=le
or vice-versa. The bid refers to un-12riced e1.ial1:1atieA matFi* aAEI seAtraElistieA
bid in case of two bid system. Bidders e*ists eA tl=le same iss1:1e E11:1e te lask ef
should be asked to indicate their Fe§1:1iFeEI s1:1ppeFtiA§ Eles1:1meAt iA tl=le eiEI
comgliance in terms of works £i.e. Eles1:1meAt is ElefisieAt eF missiA§} eF
"Confirmed/Not Confirmed" to avoid any E11:1e te same statemeAt at etl=leF plase ef
misintergretation. tl=le eiEI £i.e. Fe seAfiFmatieA ef
sempliaAse} SF vise veFSa. Tl=le eiEI
FefeFs te 1:1A pFiseEI eiEI iA ease ef twe eiEI
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Accordingly, the following guidelines are AGGOFEliA§IV, tl=le followiAg guiEleliAeS aFe
provided to deal with various situations, prnviEleEI to Eleal witl=I vaFious situatioAs,
TA/CA bids received against the +Al-GA biEls FeseiveEI agaiAst tl=le
tenders: teAElers:
(i) Situation: Bidder has confirmed (i) SituatioA: BiEIEler l=las GOAfiFmed
compliance in the evaluation matrix and sompliaAse iA tl=le evaluatioA matrix aAEI
given details in the bid, but either failed giveA Eletails iA tl=le biEI, but eitl=ler faileEI
to enclose the required supporting to eAslose tl=le requires supportiAg
document or the submitted document is ElosumeAt OF tl=le submitteEI ElosumeAt is
deficient. ElefisieAt.
Illustration: The bidder has claimed to lllustratioA: +l=le biEIEler l=las slaimeEI to
meet the experience criteria in the meet the experieAse criteFia iA the
evaluation matrix and given the details evaluatioA matrix aAEI giveA the Eletails
of experience in the bid, but has not of expeFiCACe iA the biEI, but has AOt
submitted the supporting documents. submitteEI the supportiAg ElocumeAts.
~
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15.3.2 Similarly, detailed contract shall be Similarly, detailed contract shall be
signed within 15 days from receipt of signed within 15 days from receipt of
acceptable PBG/SD . However PBG/SD acceptable PBG/SD . However PBG/SD
should be submitted within 15 days from should be submitted within 30 days from
16.5.1. No earnest money deposit / bid security No earnest money deposit / bid security
will be necessary for purchases upto will be necessary for purchases upto
Rs.10.00 lakhs. Earnest money deposit/ Rs.10.00 lakhs. Earnest money deposit/
bid security will also not be necessary for bid security will also not be necessary for
purchases from . purchases from .
EMD / Bid Security can be obtained from EMD / Bid Security can be obtained from
bidders in any one of the following bidders in any one of the following
modes: modes:
(i) NEFT/RTGS/Electronic fund (i) NEFT/RTGS/Electronic fund
transfer . transfer .
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enforceable, may be accepted with
16.5.4 The Bid security of unsuccessful bidders The Bid security of Techno
will be returned within 5 days of commercially unsuccessful bidders will
finalization of the bid/LOA. The Bid be returned by Dealing Officer directly
Security of successful bidder will be without any approval within 5 days of
returned within 5 days from the date of opening of Price bid of Shortlisted
acceptance (after legal vetting and bidder. The Bid security of
confirmation from the bank) of Security unsuccessful TA/CA bidders will be
Deposit/Performance Security returned by Dealing Officer directly
submitted by the bidder. without any approval within 5 days of
finalization of the bid/LOA. The Bid
Security of successful bidder will be
returned by Dealing Officer directly
without any approval within 5 days
from the date of acceptance of Security
Deposit/Performance Security
submitted by the bidder.
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Level 1 Executive will have full
po,Ners iR this regard.
i. Bidder(s) whose bid has been rejected i. 8idder(s) whose bid has beeR
with the approval of CPA and in case rejected with the appro,1al of CPA aRd
rejection of bid is not an incident that iR case rejectioR of bid is Rot aR
.,
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attracts forfeiture of bid security as per incident that attracts forfeiture of bid
extent proviso. security as per extent pro'liso.
ii. Bidder(s) whose bid has been rejected i. Bidder(s) whose bid has been rejected
with approval of CPA on account of non- with approval of CPA on account of non
extension of bid validity and in case such extension of bid validity and in case such
rejection of bid is not an incident that rejection of bid is not an incident that
attracts forfeiture of bid security as per attracts forfeiture of bid security as per
extent proviso. extent proviso.
iii. TA/CA bidder(s) who are not in ii. TA/CA bidder(s) who are not in
contention / reckoning for award of contention / reckoning for award of
contract after price bid opening. contract after price bid opening.
b. During bid evaluation, the proposal b. During bid evaluation, the proposal
should also be submitted for release of should aJse be submitted for release of
bid bond/ bid security/EMDs of bidders bid bond/ bid security/EMDs of bidders
covered under above situations. covered under above situations.
d. In respect of (i) to (iii) above, the onus d. In respect of (i) and (ii) above, the
and responsibility shall be of dealing onus and responsibility shall be of
officer/official to ensure release of dealing officer/official to ensure release
EMO/bid bond/bid security to bidders of EMO/bid bond/bid security to bidders
within 5 days from the date of approval within 5 days from the date of approval
of CA/date of receipt of request, of CA/date of receipt of request,
whichever is later. whichever is later.
16.6.5.g. Acceptance of SD/PS received after Acceptance of SD/PS received after
contractually allowed period contractually allowed period
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In cases where cancellation/termination In cases where cancellation/termination
of PO/contract on account of delayed of PO/contract on account of delayed
submission of the SD/PS is not in the submission of the SD/PS is not in the
interest of organization, concerned L-1 interest of organization, concerned b-4
executive shall have full powers to executive concerned L-2 of CPD/ L-2
accept SD/PS received after the of Tender processing group/HPO
contractually allowed period, shall have full powers to accept SD/PS
irrespective of extent of delay. SOP to be received after the contractually allowed
adopted for accepting SD/PS received period, irrespective of extent of delay.
after the contractually allowed period is HPO of work centre/L-11 of CPD/L-11 of
mentioned at AppendixAA. Tender processing group has to
monitor the cases for timely
submission of SD. Any delay beyond
30 days from date of scheduled
submission shall be apprised to
concern L-1 through lndentor for
needful action including
cancellation/termination of
PO/Contract.
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Integrity Pact shall be duly signed by the Integrity Pact shall be duly signed by the
ONGC's and Bidder's signatories. ONGC's and Bidder's signatories.
(Option-I) Supplier may get the same (Option-I) Supplier may get the same
material re-sampled and re-tested in his material re-sampled and re-tested in his
presence from the same laboratory presence from the same laboratory
where it was tested earlier. where it was tested earlier.
(Option-II) Supplier may lift the failed (Option-II) Supplier may lift the failed
material, re-process it and re-offer. material, re-process it and re-offer.
Supplier will replace the material at its Supplier will replace the material at its
cost within delivery schedule, failing cost within delivery schedule, failing
which provisio~ of "Failure and which provision of "Failure and
Termination Clause/ Liquidated Termination Clause/ Liquidated
Damages Clause" of Tender document Damages Clause" of Tender document
will be applicable. will be applicable.
In either of the above options, item will In either of the above options, item will
be re-sampled and re-tested. If even the be re-sampled and re-tested. If even the
re-offered material under Option-I or re- re-offered material under Option-I or re
processed and re-offered material under processed and re-offered material under
Option-II fails, following action shall be Option-II fails, following action shall be
taken:- taken:-
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a. Incident shall be raised in GeM portal a. If Order is for supply of complete
if the tender is being processed through order quantity in single lot, ONGC will
GeM. Terminate/Cancel the order and
Invoke Security Deposit against the
However, in case tender is being order. The Process of Vendor
processed under e-tender portal, the banning as per Annexure-VBP of IMM
supplier on his part will be debarred from Manual shall be followed.
participating in ONGC tenders for a
period of one year. b. If ordered quantity is to be supplied
in more than one lot, supplier may be
(Following provision applicable for given one more chance to replace
tender being processed through GeM as and re-offer the material at its cost
well as etender portal) within delivery schedule or as agreed
by ONGC only incase past lots or any
b. Failure of two consecutive lots may subsequent lots supplied were
result into cancellation of purchase order passed in testing/acceptable to
and forfeiture of Performance Security ONGC.
(PS).
If order is cancelled for total quantity
placed on the supplier, action as per
vendor banning policy shall be
initiated by the work center, in
addition to forfeiture of Security
deposit.
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Rs.10.00 or in lieu thereof, Performance Bond in or in lieu thereof, Performance Bond in
Lakhs)
the form of an Electronic Bank the form of an Electronic Bank
Guarantee / SFMS Bank Guarantee / SFMS Bank
Guarantee/Insurance Surety Bond as Guarantee/Insurance Surety Bond as
per ONGC's Standard Proforma, for an per ONGC's Standard Proforma, for an
amount equivalent to 3% of the contract amount equivalent to 3% of the contract
value. However, the condition will not be value. However, the condition will not be
applicable for procurement of materials applicable for procurement of materials
of proprietary nature from Original of proprietary nature from Original
Equipment Manufacturers or Equipment Manufacturers or
Distributors / Sole Selling Agents / Distributors / Sole Selling Agents /
Authorized Dealers of the Original Authorized Dealers of the Original
Equipment Manufacturer. Equipment Manufacturer.
Page 20 of 35
Annexure-2
Clause 52.1 of The bidder shall be required to give an The bidder shall be required to give an
Standard undertaking on the company's letter undertaking on the company's letter
Booklet 01 head and duly signed by the signatory head and duly signed by the signatory
(Goods-lCB) of the bid, that all the documents/ of the bid, that all the documents/
certificates/information submitted by certificates/information submitted by
Clause 48.1 of them against the tender are genuine. them against the tender are genuine.
Standard In case any of the In case any of the
Booklet 02 documents/certificates/information documents/certificates/information
(Goods-NCB) submitted by the bidder is found to be submitted by the bidder is found to be
false or forged, action as deemed fit false or forged, action as deemed fit
Clause 40.1 of may be initiated by ONGC at its sole may be initiated by ONGC at its sole
Standard discretion. discretion.
Booklet
Services ONGC, at its sole discretion, may
consider the documents of bidders
submitted by them against any past
tenders of ONGC and same are
available with ONGC. However,
bidder cannot have the right to
challenge any decision of ONGC on
considering/not considering of
these documents for evaluation.
Bidder shall hold continued liability
of the documents submitted in the
bid, since, ONGC can utilize the
same for future qualification in
other tenders of ONGC.
Clause 10.1 (r) Scanned copy of Integrity Pact duly Scanned copy of Integrity Pact duly
of signed on all the pages by the same signed on all the pages by the same
Standard signatory who is duly authorized to signatory who is duly authorized to
Booklet 01 sign the bid digitally shall be uploaded sign the bid digitally shall be uploaded
(Goods-I CB) with techno-commercial bid. with techno-commercial bid.
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Clause 10.1(q) For e-tenders, the integrity pact
of digitally signed by bidder can also
Standard be accepted (except for consortium
Booklet 02 bid, where Integrity Pact should be
(Goods-NCB) signed by all the constituents of the
Consortium along with witness and
Clause 9.1(f) of scanned copy to be uploaded).
Standard In case of digitally signed Integrity
Booklet Pact, signature of witness shall not
Services be required.
38.2.1 of 1TB No Provision exists An undertaking for PPP-MIi
(MM01) compliance in case of suppliers
participating in tenders as
36.2.1 of 1TB resellers/ distributors with a
(MM02) backup authority letter from the
manufacturer:
Page 22 of 35
25.8 (1TB - The Bid Security shall be forfeited by The Bid Security shall be forfeited by
MM01) ONGC in the following events: ONGC in the following events:
23.8 (1TB
MM02)
c) If a Bidder, having been notified c) If a Bidder, having been notified
of the acceptance of its bid, fails to of the acceptance of its bid, fails to
furnish Security Deposit / furnish Security Deposit /
Performance Bond within 15 days Performance Bond within 30 days
from the date of issue of LOA/NOA. from the date of issue of LOA/NOA.
17.7 (ITB- The Bid Security shall be forfeited by The Bid Security shall be forfeited by
ONGC in the following events: ONGC in the following events:
Services)
48.1 (ITB- Within 15 (fifteen) days from the date Within 30 (thirty) days from the date
MM01) of issue of LOA/NOA from the of issue of LOA/NOA from the
44.1 (ITB- Purchaser, the successful Bidder shall Purchaser, the successful Bidder shall
MM01) furnish the Performance Security in furnish the Performance Security in
accordance with the conditions of the accordance with the conditions of the
contract, in the Performance Security contract, in the Performance Security
Form provided at Appendix 1 of Form provided at Appendix 1 of
Annexure-11 of the bidding Annexure-11 of the bidding
documents, or another form documents, or another form
acceptable to the Purchaser. acceptable to the Purchaser.
In case PBG is not submitted within
30 days from the date of NOA, a
sum equivalent to 1.5%(one and
half percent) of the amount of
Performance Security per month
for such delay or part thereof shall
be recovered from the first
Bill/invoice (& any remaining
A~
Page 23 of 35
amount from subsequent invoice)
submitted by the
supplier/contractor.
36:1 (ITB- Within 15 (fifteen) days from Within 30 (thirty) days from
Services) the date of issue of LOA/NOA by the date of issue of LOA/NOA by
ONGC, the successful Bidder shall ONGC, the successful Bidder shall
furnish the Performance Security in furnish the Performance Security in
accordance with the conditions of the accordance with the conditions of the
contract, in the Performance Security contract, in the Performance Security
Form provided at Appendix 1 Form provided at Appendix 1
/Appendix 1A of Annexure-11 of the /Appendix 1A of Annexure-11 of the
bidding documents, or another form bidding documents, or another form
acceptable to the ONGC. acceptable to the ONGC.
9.1 (GCC- No Performance security or in lieu No Performance security or in lieu
MM01) thereof performance bond is thereof performance bond is
necessary for purchase upto Rs. 1.00 necessary for purchase upto Rs. 1.00
8.1 (GCC- lakh. Also performance security or in lakh. Also performance security or in
MM01) lieu thereof performance bond is not lieu thereof performance bond is not
necessary for development orders necessary for development orders
and buys of spares or stores/capital and buys of spares or stores/capital
items/ equipment of proprietary nature items/ equipment of proprietary nature
from original equipment from original equipment
manufacturers/ distributors/ sole manufacturers/ distributors/ sole
selling agents/ authorised dealers. In selling agents/ authorised dealers. In
other cases the successful Bidder, other cases the successful Bidder,
within 15 (fifteen) days from the date within 30 (thirty) days from the date of
of issue of LOA/NOA from the issue of WA,LNOA from the
Purchaser, will be required to send Purchaser, will be required to send
Performance Security in the form of Performance Security in the form
........................................ of .
........................... at Appendix
1/Appendix-1A. In case PBG is not
submitted within 30 days from the
date of NOA, a sum equivalent to
1.5%(one and half percent) of the
amount of Performance Security
per month for such delay or part
thereof shall be recovered from the
A
Page 24 of 35
first Bill/invoice (& any remaining
amount from subsequent invoice)
submitted by the
supplier/contractor.
10.0 GCC- PERFORMANCE BOND (Applicable PERFORMANCE BOND (Applicable
for tenders upto Rs. 1 crore):- for tenders upto Rs. 1 crore):-
Services)
The CONTRACTOR shall furnish to The CONTRACTOR shall furnish to
the CORPORATION within 15 days the CORPORATION within 30 days
from the date of fax CONTRACT/ from the date of fax CONTRACT/
Letter of lntent(LOI), security deposit Letter of lntent(LOI), security deposit
in the form of a in the form of a
NEFT/RTGS/Electronic fund transfer NEFT/RTGS/Electronic fund transfer
to . to .
................................. under this
CONTRACT. In case PBG is not
submitted within 30 days from the
date of NOA, a sum equivalent to
1.5%(one and half percent) of the
amount of Performance Security
per month for such delay or part
thereof shall be recovered from the
first Bill/invoice (& any remaining
amount from subsequent invoice)
submitted by the contractor.
Page 25 of 35
for such delay or part thereof shall
be recovered from the first
Bill/invoice (& any remaining
amount from subsequent invoice)
submitted by the contractor.
OR OR
Page 26 of 35
agrees that decision of ONGC about date of NOA, a sum equivalent to
performance of the bidder/ contractor
1.5%(one and half percent) of the
shall be final and shall not be
questioned by the Guarantor. amount of Performance Security
Guarantor shall have no objection to
per month for such delay or part
invocation of the Performance Bank
Guarantee submitted by the Bidder thereof shall be recovered from the
on behalf of the Guarantor.
first Bill/invoice (& any remaining
amount from subsequent invoice)
submitted by the contractor.
The Guarantor hereby expressly
agrees that if in the opinion of ONGC,
the Bidder / Contractor has failed to
perform its obligations under the
contract in any manner, ONGC shall
have unfettered right to invoke the
said Bank guarantee. The Guarantor
hereby agrees that decision of ONGC
about performance of the bidder /
contractor shall be final and shall not
be questioned by the Guarantor.
Guarantor shall have no objection to
invocation of the Performance Bank
Guarantee submitted by the Bidder
on behalf of the Guarantor.
8. 8.
. . ... .. ... ... . ... ... .. .. .. ... ... . Performance ................................. Performance
Bank Guarantee to be submitted by Bank Guarantee to be submitted by
the bidding company, in the the bidding company, in the
prescribed format within 15 days from prescribed format within 30 days from
the date of Notification of Award, the date of Notification of Award,
OR OR
Page 27 of 35
sum equivalent to 1.5%(one and
OR
In case PBG is not submitted within
(applicable, subject to meeting the
30 days from the date of NOA, a
conditions stipulated in BEC in respect
of additional Performance Bank sum equivalent to 1.5%(one and
Guarantee)
half percent) of the amount of
In case of award of contract to the Performance Security per month
bidder, the bidder on behalf of the
for such delay or part thereof shall
Guarantor shall provide additional
Performance Bank Guarantee to be recovered from the first
ONGC, equivalent to 50% of the value
Bill/invoice (& any remaining
of Performance bank Guarantee to be
submitted by the bidding company, in amount from subsequent invoice)
the prescribed format within 15 days
submitted by the contractor.
from the date of Notification of
Award .
OR
Page 29 of 35
Annexure-FBEP
Format fo r Bid evaluation proposals (after TBO) and Procurement Evaluation Committee
Minutes (after price bid opening)
Total value of the recommendations for determining level of Competent Authority. Mention that
none of the PEC members have any conflict of interest with the parties recommended for award.
Request acceptance of recommendations by competent authority and that it's within his powers
of acceptance as per BPD/IMMM.
Signature: Date:
Name & Designation of Competent Authority
Note: work centre may include more details/information on case to case basis, wherever required.
Page 31 of 35
••,
Appendix-AA.
------- --------------------------------------------------------------------------------------~---- - -- ------ ---------------- -----------------
Existing Provision
1. N Provisions/Situation
A. Submission of acceptance of NOA by the successful bidder
Action required
Amended Provision
-· ---·. - ------- ---------- --------- ----------------------- ------------ --------------------- --------------[- - - - ------- - - -· ·-· -- - - -- - ·-- . -- - - -- - --- I - ---- - - -- - --- . ·- -- -- - - -- - ---- -- -- -- - - - - - - - - -
Provisions/Situation Action required
----- -- -------------------------------------------------------------------------------------------------·--------- -- ------- - -- - -·----·- -- -- - - -- ------ - -- - - -·- - - - ------ - - -- -- - --- - - -----·- - - - - - --- -- - --- -- ------
-,-
--- ----- --- -- - ------ - ----- --
A. Submission of acceptance
(applicable for all type of procurement): of NOA by the successful
bidder (applicable for all type 1
·I I of procurement): I
-·· -·--··-· -----------------------------------------------------------------rr:·---------·-· ·--·· -· · -·-------------~:-·---------------------------------· ---------------------------
1. NOA should clearly stipulate that the In case confirmation is not NOA should clearly stipulate that the In case confirmation is not
successful bidder must confirm within 03 received within 03 days, the successful bidder must confirm within 03 received within 03 days, the
days of issue of the NOA that PBG shall dealing officer shall issue days of issue of the NOA that PBG shall dealing officer shall issue
be submitted within 15 days from the date reminder(s) to Contractor. be submitted within 30 days from the reminder(s) to Contractor.
of NOA and Non-submission of PBG date of NOA and Non-submission of PBG
within stipulated period may lead to within stipulated period may lead to
annulment of the contract and action annulment of the contract and action
against contractor as per tender/NOA against contractor as per tender/NOA
conditions. conditions.
·----------------·-·- ---~·--··----··--··-------·-·------------
' The extension has been granted (upto 02 Concerned Dealing officer shall The extension has been granted (upto 02 Concerned Dealing officer shall
weeks /further additional 02 weeks, as the initiate action inviting weeks /further additional 02 weeks, as initiate action inviting
case may be) but Contractor fails to either Procurement Evaluation the case may be) but Contractor fails to Procurement Evaluation
submit PBG Committee (PEC). PEC to decide either submit PBG Committee (PEC}. PEC to
Or further course of action and the Or decide further course of action
request shall be agreed to only in and the request shall be agreed 1
The contractor requests for extension for exceptional circumstances with The contractor requests for extension for to only in exceptional ·
submission of SD/PS beyond 04 weeks approval of Competent Authority submission of SD/PS beyond 04 weeks circumstances with approval of
after the stipulated period of 15 days in line with Para 16.6.S(g) of after the stipulated period of 30 days Competent Authority in line with
giving reasons for the delay. IMMM OR action may be taken to giving reasons for the delay. 1
Para 16.6.S(g) of IMMM OR
terminate the ContracUNOA as action may be taken to terminate
per para-23.2.1 of IMMM. the ContracUNOA as per para-
1-3~--- ···N·o·rE=·------------------·---------·---------------------------------------------·-- ----·-···-·-- ·---·-···-.. ·-·-- -·-···· ······· ····-·..·· . - ······-···-······· ·-·····----·-·-·-·-· .. ---·-- -itlJ·=~!_.1M.~M:. · -·----·---·-·· ··--
n Forfeiture of EMO: After placement of LOA, concerned Dealing officer of i) Forfeiture of EMO: After
MM shall ensure validity of EMO till receipt of acceptable SD/PS. If the placement of LOA, concerned
successful bidder neither submits SD/PS nor extends EMO, ONE week prior j Dealing officer of MM TPG shall
to expiry of the EMO, the Concerned MM officer shall put up the case to Level- ensure validity of EMO till receipt I
1 executive for forfeiture of EMO I of acceptable SD/PS. If the
ii) In case, supplier/contractor fails to submit the SD/PS within stipulated time, I successful bidder
1
neither I
reminder may be issued to the supplier/contractor by dealing officer with prior I submits SD/PS nor extends
approval of competent authority as per sl. no. 1 or 2 above (as applicable) 1 EMO, ONE week prior to expiry
of the EMO, the Concerned MM
officer of TPG shall put up the
case to Level-1 executive for
forfeiture of EMO
ii) In case, supplier/contractor
fails to submit the SD/PS within
stipulated time, reminder may be
issued to the supplier/contractor
by dealing officer with prior
approval of competent authority
I , as per sl. no. 1 or 2 above (as
l J applicable)
~-·····-- ·-·-·----·········-·------------·-···-···----·-··--·-·····-·------·····-··-·····-·-··---------·-··-··--···--·····-······-·-··---····-···- ··-·-···-----··-·--·····-·--·--·····--·-··-·----·-·-····---·--·-·-- --·-·--···-·-··--·-··-···-·-····---------·---··-···-·-·
I I C. Signing of Contract (applicable for services contracts and LSTK C. Signing of Contract
1 j only): I (applicable for services
I I contracts and LSTK only):
I J_ ·-··-······-----·····-··-···········--·--··---------------------·-···-------'--·· ·- -·· I -.JJ-/-;;--:-L -----··
Page 33 of 35 /flf1AA!fl'f
',
n-:-1-lncase--standardized-oralready vetted(atT No -further ---vetting should be In case standardized or already vetted (at No further vetting should be
I I tendering stage or during previous I necessary. tendering stage or during previous necessary.
i I tender) tender/contract conditions are I , tender) tender/contract conditions are
I used. I used.
I I 1
II 2.-
conditions and the offered conditions ' Contractor within 07 working conditions and the offered conditions the Contractor within 07 working
accepted by ONGC. days of issue of NOA with a accepted by ONGC. days of issue of NOA with a
remark that the draft document is remark that the draft document
based on the tendered contract is based on the tendered
conditions and the offered contract conditions and the
conditions accepted by ONGC. offered conditions accepted by
ONGC.
·----·--·-----------------·- .. ---··- ·-·-----·-·--- .. -·--·--·---·-·-·-·-------- -·---··-·-·-·-·---·-·-----···-···-·------
----i--- ---- --·----- - -·--- ----·-------·-------- ---
3 The vetting of any new specific non-
standardized / already not vetted contract
The Finance/Legal/MM sections The vetting of any new specific non-
(as the case may be) shall vet standardized / already not vetted contract
The Finance/Legal/MM sections
(as the case may be) shall vet
conditions, which emerges during the within 4 working days of its conditions, which emerges during the within 4 working days of its
tendering stage. submission for vetting, limited to tendering stage. submission for vetting, limited to
the specifically non-standardized the specifically non
/ already not vetted proposed standardized / already not vetted
I contract conditions. The same proposed contract conditions.
I should be explicitly informed to The same should be explicitly
I the contractor for their informed to the contractor for
i acceptance, informing them that their acceptance, informing
in case their them that in case their
I acceptance/comments are not acceptance/comments are not
I submitted within 01 week, it will submitted within 01 week, it will
be deemed as accepted on the be deemed as accepted on the
part of the Contractor and no part of the Contractor and no
further claim in this regard shall · further claim in this regard shall
be entertained at later stage: be entertained at later stage.
I
-i ·----1-------·----·-·------·-·-·-·------··----··---·-f·-----··--·----·--·----·--·---·---·------···--+--·-·-·-----·----·---·---···-··--
4 I The comments have been received from No modification in the draft The comments have been received from No modification in the draft
I contractor on the draft Contract document contract should be allowed which contractor on the draft Contract document contract should be allowed
within one week. is not as per the tender within one week. which is not as per the tender
l __ J
I 0
~t~~=~:d~~~.;~:ti~~~--· · · ·- ·- ·- · - ·---- _ _ _ _ _ _
Page 34 of 35
~~i; d~!~~h~~nlfi:f~~:~~t~~~J
...
1--i-------~--------- ~:~~~~E~:i~i;~ ~i----- -------- - ~f~~i;~:~tii~J:~~i
I I to be made due to some are required to be made due to
I
i
I
i
Zt~(:aphical no~~cedinadvertent
by
fnoa~~erten/Y~~.;~ph~~~/ced iyr
i I contractor/ONGC and contractor/ONGC and
I corrections/modifications are in corrections/modifications are in
I line with the tender line with the tender
1 conditions/other conditions as conditions/other conditions as
agreed upon between ONGC and agreed upon between ONGC
1
11
contractor during tender and contractor during tender
finalization process, these finalization process, these
I·
j
corrections should be made with
the approval of Contract signing
corrections should be made with
the approval of Contract signing
Page 35 of 35