SETTING OUT OF THE WORKS

3.1. The Contractor shall be responsible for the true and proper setting out of the works and for the correctness of the position and levels, dimension and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labour in connection therewith.

3.2. If at any time during the progress of the work, shall any error appear or arise in the position, level, dimension or alignment of any part of the works, the Contractor shall at his own expense rectify such error to the satisfaction of EIC or the Site Engineer.

3.3. The checking of any setting-out or of any line or level by the EIC or the Site Engineer shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve all bench marks, pegs and other things used in setting out the works.

28.2 Final bill shall be released only after successful completion of all the activities and after the Final Acceptance by IOCL for the work in its entirety.

There shall be no restriction in value for submission of RA bills . In normal circumstances, payment shall normally be made within 30 days from the date of receipt of bills , provided the bills are legitimate and free from any dispute Following documents/

activities shall be completed before submission of final bills:

- Copy of test certificates, Warranty certificates as applicable.

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- Material reconciliation statements & documentation of site records as applicable.

- Any other specific documentation required by IOCL.

- Cleaning & clearing of site.

The Contractor will not have any legal ownership on materials issued for Corporation works. The Contractor will submit the name of his authorized representative with his attested signature to Engineer in-charge for issue of materials. Contractor will preserve MIN/MRN (for receipt of material from the Corporation/ Return of balance material to the Corporation after the individual work has been completed) till the submission of final bill for individual works. The consumption of material for work will be settled on the basis of MIN/MRN if any materials is found short, the Corporation will recover its cost either book value plus 10% or market rate whichever is higher.

29.0 The Corporation reserves the right to accept any tender in whole or in part and reject any or all tenders without assigning any reasons. The Corporation reserves the right to accept one or more tenders in part.

30.0 DEFECTS PRIOR TO TAKING OVER

30.2 If at any time before the work is taken over, EIC shall:

a) Decide that any work done or materials used by the Contractor or any sub- contractor is defective or not in accordance with the contract, or that the works or any portion thereof, are defective, or do not fulfil the requirements of contract (all such matters being hereinafter, called Defects in this Clause).

AND

b) As soon as reasonably practicable notice given to the Contractor in writing of the said decision specifying particulars of the defects alleged to exist or to have occurred, then the Contractor at his own expense and with all efforts shall make good the defects so specified.

30.3 In case the Contractor fails to do so, the Owner may take, at the cost and risk of the Contractor, such steps as in all circumstances be reasonable to make good such defects. The expenditure so incurred by the Owner will be recovered from the amount due to the Contractor. The decision of the EIC with regard to the amount to be recovered from the Contractor will be final and binding on the Contractor. As soon as the works have been completed in accordance with the contract and have passed the tests on completion, the EIC shall issue a certificate in which he shall certify the date on which the works have been so completed and have passed the said tests and the Owner shall be deemed to have taken over the works on the date so certified.

31.0 DEFECTS AFTER TAKING OVER

31.2 In order that the Contractor could obtain a completion certificate, he shall rectify any defect arising from the defective materials supplied by the Contractor or workmanship or

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any act or omission of the contract or that may have been noticed or developed after the works or group of the works has been taken over, the period allowed for carrying out such works will be normally 15 days. Normally it is expected that work will be completed within 15 Days. However in case of unforeseen /genuine delay, EIC may take a call on this aspect whose decision will be final. If any defect be not remedied within period stipulated above, the Owner may proceed to do the work at Contractors risk and expense and deduct from the final bill such amount as may be decided by the Owner/EIC.

31.3 If by reason of any default on the part of the Contractor, a completion certificate has not been issued in respect of the works within one month after the date fixed by the Contractor for the completion of the work, the Owner shall be at liberty to use the works or any portion thereof in respect of which a completion certificate has not been issued, provided that the works or the portion thereof so used as aforesaid shall be afforded reasonable opportunity for completion of these works for the issue of completion certificate.

31.4 All the aforesaid safeguards/ rights provided for the Owner shall not prejudice its other rights/ remedies elsewhere provided herein and/ or under law.

32.0 Any conditional / incomplete offer or failure to follow above instructions shall lead to disqualification.

33.0 PROJECT COMISSIONING AND ACCEPTANCE Project Commissioning:

Project commissioning shall be established when the entire Solar Street Lights commissioned provides adequate Lux.

Project Acceptance:

The Contractor shall submit Acceptance Report of the project to Owner after completion of the scope of work except for the one year comprehensive free O&M period. The Report shall consist of the following documents:

a) Successful PG test , completion report.

b) Technical documents as per scope of work & technical specifications according to which the work has been carried out including but not limited to following;

i) Four sets of as built drawings showing therein modification and corrections, if any, made during the course of execution signed by the Contractor. A soft copy of as built drawings shall also be submitted (CAD, PDF and any other format as required).

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ii) Copy of complete layout of the solar array including power injection layout/

system.

iii) Copies of test certificates for type/routine tests performed on major equipment.

iv) O&M Manuals – 4 sets

v) Copies of Statutory clearances / permissions.

vi) Certificate/undertaking for making payment of all statutory requirements, duties, labour wages and others for having made payment.

vii) An undertaking confirming the payment of all statutory duties, taxes or document(s) having evidence of paying statutory duties, taxes etc. as per requirement of concerned statutory authorities.

viii) Certificate regarding completion of the facility in all respect by the EIC.

ix) List of all mandatory spares which are duly tagged and stored if applicable.

Take over shall occur after the successful completion of Performance Guarantee Test (PGT) of the system (Solar PV system and Battery system, as per the applicability) and issuance of Final Acceptance certificate and, if and only if:

i) A Performance Test Report has been prepared by the Contractor and accepted by the Owner in accordance with the Contract,

ii) The Contractor has completed all the Scope of Work related to works,

iii) The Contractor has obtained the Commissioning Certificate for the Solar Lights, iv) All sub-contractors have been paid the dues by the Contractor and no-dues

certificates received from such sub-contractor,

v) All statutory or legal liabilities on account of the work performed under the contract have been duly calculated and paid by the Contractor,

vi) All as-built drawings have been submitted to the Owner,

vii) Detailed Engineering document with detailed specification, schematic drawing, circuit drawing and test results, manuals for all deliverable items, Operation, Maintenance & Safety Instruction Manual and other information about the project have been submitted to the Owner.

Owner shall issue Acceptance Certificate after verifying from the documents and satisfying itself that the work has been completed in accordance with details set out in the construction and erection drawings and the contract documents. No Certificate shall be given nor shall the work be deemed to have been executed until all statutory requirements are completed and all scaffolding, surplus materials and rubbish is cleaned off the site completely.

34.0 COMPLETION CERTIFICATE

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Owner shall issue Completion Certificate after satisfying itself that the work has been completed in accordance with details set out in the contract documents. No Completion Certificate shall be given nor shall the work be deemed to have been executed until the following are ensured:

a) Contractor submits the Acceptance Report of the project b) All Owner’s property and documents handed over to EIC c) And, fulfillment of all the requirements as per SCC LIST OF MAJOR TAGGED ITEMS

1. 2x12V 100Wp SPV module,

2. 1x12V 36 W LED Luminary with driver,

3. 1x12V 15 Amps Dusk to Dawn charge Controller,

4. 1x12V 150 Ah T-gel Battery with Metallic Battery box( thk 26SWG), 5. 2-2.5inch Dia. 5 mtr. GI Pole, Module mounting Structure,

6. Cable and other accessories

35.0 TYPOGRAPHICAL OR CLERICAL ERRORS:

The Corporation’s clarifications regarding partially omitted particulars or typographical or clerical errors shall be final and binding on the Contractor.

36.0 At all places in the GCC enclosed with the tender document, OWNER shall mean INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION, HEAD OFFICE, with its office at G9, Ali Yavar Jung Marg, Bandra(E), Mumbai-400051

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37.0 GUIDELINES FOR EVALUATION OF CONTRACTORS’ PERFORMANCE (Civil/Mechanical/Electrical Works <10 Crores)

1.0 General

A system for evaluation for contractors’ Performance is a key process and important to support an effective contracting function of an organization.

Performance of all Contractors needs to be closely monitored to ensure complete execution of project within scheduled completion period. For timely execution of projects and achieving the desired goals of the organization, it is necessary to monitor the execution of project or contracts right the award stage to completion stage and take corrective measures in time.

2.0 Objective

The objective of Contractor Performance Evaluation is to ascertain the performance of the Contractor with respect to satisfactory execution of work while maintaining safety and Quality standards and to develop reliable contractors to that they consistently meet or exceed expectations and requirements.

The purpose of this guideline is to put in place a system to monitor performance of Contractors associated with IOCL so as to ensure timely completion of various projects. Contractor’s Performance Evaluation Methodology should be integral part of the respective tenders.

3.0 Measurement of Performance

Standard Format attached as Annexure-A shall be used for evaluating Contractor’s Performance.

All Civil/ Mechanical/ Electrical Works with estimated value of less than Rs. 10 Crores would be evaluated. The performance of the Contractor would depend upon the total marks obtained.

4.0 Stage of Evaluation:

Performance Evaluation of Contractor shall be done on actual completion i.e. at Mechanical Completion of each work.

Performance evaluation shall be completed within a period of 02 (Two) month after actual completion of works.

5.0 Performance Rating:

Depending upon the Total Marks Obtained by the contractor, the performance rating of the contractor shall be finalized as per following.

Sl. No. % of Marks obtained Performance Rating

1 >80% Very Good

2 >60% but ≤ 80% Good

3 >40% ≤ 60% Fair

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4 ≤ 40% Unsatisfactory

6.0 Action based on performance rating

6.1 Following actions shall be taken depending upon the performance ratings:

Sl.

No.

Evaluation stage Performance Rating

Recommended Action

1

Actual Completion Stage(After Mechanical Completion)

Very Good No further action

Good Letter to the contractor for improving the performance in future

Fair Restrict contractors’ Pre-qualification in future jobs (Note)

Unsatisfactory Banning for future jobs (Note) Note :

In case of fair / Unsatisfactory rating, indicated penal action shall be taken for future jobs for a maximum period of 1 year across Marketing Division, with a provision for revoking such penal action in case of improvement in performance in the job under evaluation or any other concurrent job (having contract value of minimum 80% of the job under evaluation) at similar or higher stages of evaluation in the same Division.

6.2 Restriction in Contractors’ Pre-qualification in future jobs

In future jobs, prequalify the contractor only for the works of estimated value upto X% of the original contract value for which “Fair Performance” rating has been given.

“X” =Marks obtained by the contractor 6.3 Banning

Not to consider the contractor in future jobs.

Wherever contractor is to be banned/Holiday listed, after finalization of scores, the procedures for holiday listing as required including evaluation of reply against show cause notice by multi disciplinary committee shall be followed.

For banning / holiday listing of party, the committee should specifically take into account the moving average score of last one (1) year of the party in deciding on the time period of holiday listing (maximum 1 year).

Such banning on account of CPE shall be without prejudice to other rights and remedies available to the owner under the contract.

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