Repair, Maintenance, And Installation Of Plant/ Systems/Equipments (Version 2) - Industry Unit; Upkeep And Maintenance Of Area From ND Karwar Main Gate To Pier 4 (includes Painting, Signage Maintenan…

Buyer Added text based ATC clauses

• 1.Limitaion of liability. Except in cases of criminal negligence or wilful misconduct, the aggregate liability of t he contractor to the procuring entity, wheather under the contract, in tort or otherwise, shall not exceed th e total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defe ctive equipment, or to any obligation of the contractor to indemnify the procuring entity concerning IPR inf ringement.
• 2.MQR for Technically Qualifying of Firm. MQR for the extant case is as follows:- 2.1. Minimum Average Annual Turnover. Firm should have minimum average financial turnover of 7 lakhs in last three years ending 31 Mar 26. In a ddition, firm is to submit annual turnover details of last three financial year ending 31 Mar 26. 2.2. Past Experience. Past experience for seven financial years in same/similar services as per the criteria below:- Ser. Minimum of Contracts Minimum value of contracts Remarks 1 2 3 03 Contracts Rs. 8,64,768/- each Or 02 Contracts Rs. 10,80,960/- each Or 01 Contract Rs. 17,29,536/- Alongwith WCC 2.3. Mandatory site survey. Bidder will be required to mandatory, do a site survey in person at ND (Karwar) to ascertain scope of work to execute the contract. the site survey is to be carried out prior to bid end date. H owev er, no additional time would be provided towards preparation/submission of bid document post site survey. Requisite documentary evidences for security clearance viz. ID proof, Aadharcard etc. Contact No 9995497 895 . A certificate obtained from the buyer, regarding the site survey carried out, is required to alongwith T-Bid document. Note: MQR mentioned at Sl 2.1 above is exempted to the MSME & startup firms subject to registered in MS ME for similar services/ product. .
• 2.Buyer Added Bid Specific Scope Of Work(SOW) Text Clause(s)
• 1.Schedule of requirements. ND (Kar) is responsible to ensure upkeep and maintenance for aesthetic ap pearance of premises for VVIP visit. This scope of work covers the routine upkeep, repair and maintenance of the area extending from ND Main Gate to Pier 4 including associated jetties and access points. the SoW for the same include the following:- 1.1. Painting and Signage Maintenance. The following works to be undertaken:- 1.1.1. Painting of designated areas and surfaces as required. 1.1.2. Cleaning, repainting, touch-up and maintenance of existing signage and markings. 1.2. Jetty Cleaning and Washing. The following works to be undertaken:- 1.2.1. Thorough cleaning and washing of jetty areas including removal of dirt, stains, debris, and accumula ted deposits. 1.2.2. Maintaining the jetty areas in a clean and presentable condition. 1.3. General Upkeep of ND Gate. The following works to be undertaken:- 1.3.1. General cleaning and upkeep of the ND Karwar Main Gate and its surrounding area. 1.3.2. Minor maintenance and rectification works as required. 1.4. General Upkeep of Curb Stone and Chipping Area. The following works to be undertaken:- 1.4.1. Chipping/ removal of loose and damaged surface material. 1.4.2. Cleaning and preparation of surfaces. 1.4.3. Painting of curb stones and designated chipping areas after proper surface preparation. 1.5. Mushroom Head- Cleaning, Painting and Marking. The following works to be undertaken:- 1.5.1. Cleaning and removal of dirt, deposits and loose paint from mushroom heads. 1.5.2. Painting with suitable paint after proper surface preparation. 1.5.3. Providing adequate and clearly visible identification / marking as required. 1.6. Pier Board Marking- Cleaning and Maintenance. The following works to be undertaken:- 1.6.1. Cleaning and maintenance of existing pier boards. 1.6.2. Repainting, restoration and maintenance of pier identification markings to ensure clear visibility. 1.7. Weather Proof Arrangement - Cleaning and General Upkeep. The following works to be undertaken:- 1.7.1. Cleaning and maintenance of the weather proof arrangements provided across all piers. 1.7.2. Removal of accumulated dust, dirt, debris and other deposits. 1.7.3. General upkeep and minor maintenance of the weather proof arrangements as required. 1.8. Tensile Structure - Cleaning. The following works to be undertaken:- 1.8.1. Thorough cleaning of the tensile structure including removal of dust, dirt, stains and other accumula ted deposits. 1.8.2. The total approximate area of the tensile structure to be cleaned is 27000 Sqft. 1.8.3. Cleaning shall be carried out using suitable methods and equipment without causing damage to the tensile fabric or supporting structure. 1.9. Miscellaneous Upkeep. All other minor cleaning, maintenance, painting, marking and upkeep works required for maintaining the area between the ND Karwar main gate and Pier 4 in a clean, safe, functional and presentable condition.
• 2.Miscellaneous. 2.1. Safety Kits. The firm is to ensure proper PPE kit to their workers for smooth functioning the scope of w ork under the contract like as hand gloves, googles, face mask, safety, shoes, antiseptic liquids, rain gears , uniforms and other necessary kit. 2.2. Security Clearance. The firm is to arrange police verification of all manpower deployed under the contr act. Adequate clearance/ police verification is to be taken for additional personnel, to allow for substitution in case of absence. Details of personnel deployed and additional personnel catered shall be submitted to D ockyard at the start of contract date. The Dockyard will not take any responsibility of issuing TY/ CV passes due to absence of regular labours. 2.3. Manpower and Tools. Firm is to be provided necessary machinery/ tools and sufficient manpower for t he event. NO manpower will be provided by the Dockyard.
• 3.Tabulated Specification. S e r N o . Description of Item
• a.D e n o . b . Q t y . c . 1 Upkeep & Maintenance of area from ND Karwar Main Gate to Pier 4 includes painting, signage mai ntenance, cleaning of jetty, tensile structure, weather proof arrangement, Pier board marking and other miscellaneous using high pressure washer machinery, general upkeep of ND gate etc. J o b 0 1
• 3.Buyer Added Bid Specific SLA Text Clause(s) STANDARD CONDITIONS
• 1.Law. The Work Order shall be considered and made in accordance with the laws of the Republic of India. The Work Order shall be governed by and interpreted in accordance with the laws of the Republic of India.
• 2.Effective Date of the Work Order. The Work Order shall come into effect on the date of signatures of both the parties on the Contract (2026) and shall remain valid until the completion of the obligations of the parties under the Contract. The deliveries and supplies and performance of the services shall commence from the effective date of the Contract.
• 3.Arbitration. All disputes or differences arising out of or in connection with the Work Order shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the Contract or relating to construction or performance, which cannot be settled amicably, may be resolved through arbitration. The standard clause of arbitration are as per Appendix H of DPM.
• 4.Penalty for use of Undue influence. The Seller undertakes that he has not given, offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the Buyer or otherwise in procuring the Contracts or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the present Contract or any other Contract with the Government of India for showing or forbearing to show favor or disfavor to any person in relation to the present Contract or any other Contract with the Government of India. Any breach of the aforesaid undertaking by the Seller or any one employed by him or acting on his behalf (whether with or without the knowledge of the Seller) or the commission of any offers by the Seller or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption shall entitle the Buyer to cancel the contract and all or any other contracts with the Seller and recover from the Seller the amount of any loss arising from such cancellation. A decision of the Buyer or his nominee to the effect that a breach of the undertaking had been committed shall be final and binding on the Seller. Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the Seller towards any officer/employee of the Buyer or to any other person in a position to influence any officer/employee of the Buyer for showing any favor in relation to this or any other contract, shall render the Seller to such liability/ penalty as the Buyer may deem proper, including but not limited to termination of the contract, imposition of penal damages, forfeiture of the Bank Guarantee and refund of the amounts paid by the Buyer.
• 5.Agents / Agency Commission. The Seller confirms and declares to the Buyer that the Seller is the original manufacturer of the stores/provider of the services referred to in this Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, to the award of the contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission orconsiderati onto such person, party, firm or institution, whether before or after the signing of this contract, the Seller will be liable to refund that amount to the Buyer. The Seller will also be debarred from entering into any supply Contract with the Government of India for a minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund all payments made by the Buyer in terms of the Contract along with interest at the rate of 2% per annum above LIBOR rate. The Buyer will also have the right to recover any such amount from any contracts concluded earlier with the Government of India.
• 6.Access to Books of Accounts. In case it is found to the satisfaction of the Buyer that the Seller has engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses relating to Agents/ Agency Commission and penalty for use of undue influence, the Seller, on a specific request of the Buyer, shall provide necessary information/ inspection of the relevant financial documents/information.
• 7.Non-disclosure of Contract documents. Except with the written consent of the Buyer/ Seller, other party shall not disclose the contract or any provision, specification, plan, design, pattern, sample or information thereof to any third party, unless required by either Government of the parties or by Seller’s suppliers solely for the purpose of performing the obligations under the contract.
• 8.Liquidated Damages: In the event of the Seller's failure to supply the stores/goods/any instalment thereof or fails to perform services, conduct trails, installation of equipment, training and MET as per schedule specified in a contract, the CFA, without prejudice to the rights of the purchaser to any other remedy for breach of contract, may recover from the contractor, a sum equivalent to 0.5% of the price {total cost including elements of GST,freight/ transportation and other variations like PVC/ ERV etc.) of stores/incidental works/services, which the contractor has failed to deliver within the period agreed for delivery in the contract, for each week or part thereof. The total damages shall not exceed 5% of the price (Total cost (including elements of GST,freight/ transportation and other variations like PVC/ ERV etc.) of stores /incidental Works/ Services.Any extension given by the buyer for delay attributable to buyer or on account of force Majeure Clause is to be factored in delivery period. 8.1. In case of inordinate delay this maximum deduction shall be 10% of the price (total cost), as stated above, of stores/incidental works/services supplied with delay. 8.2. Inexcusable delays of more than one-fourth (25%) of the total delivery period shall be treated as inordinate delays.
• 9.Termination of Work Order. Without prejudice to any other remedy for breach of the Contract, such as removal from the list of registered suppliers, the Buyer shall have the right to terminate this Contract In Part Or In Full, by giving Termination Notice to the Seller any time after the default, but prior to the intended termination date, in any of the following cases:- 9.1. The Seller fails to honour any part of the Contract including failure to deliver the contracted stores/ render services/ achieve milestones in time as per the Contract for causes not attributable to Force Majeure for more than ( weeks/ months) asrelated to the delivery period as per the Contract, or for a period greater than 50% of th e scheduled delivery period for the overall Contract, whichever is earlier. 9.2. The Seller is declared bankrupt or becomes insolvent. 9.3. The performance in whole, or in part, or any obligation under this Contract is prevented or delayed by any reason or Force Majeure for a period exceeding 90 days, provided Force Majeure clause is included in the Contract. 9.4. The item offered by the Seller repeatedly fails in the inspection and/ or the Seller is not in a position to either rectify the defects or offer items conforming to the contracted quality standards. 9.5. The Seller is found to have made any false or fraudulent declaration or statement or utilized the services of any services of any person, party, firm or institution engaged as an agent to get the contact and made payment/ commission to such agents, or the Seller is found to be indulging in corrupt and unethical practices, directly or indirectly, to influence the award of the Contract. 9.6. Any special circumstances that are to be recorded to justify the termination of the Contract. 9.5. As per decision of the Arbitration Tribunal.
• 10.Notices. Any notice required or permitted by the contract shall be written in the English language and may be delivered personally or may be sent by FAX or registered pre-paid mail/airmail, addr essed to the last known address of the party to whom it is sent.
• 11.Transfer and Sub-letting. The Seller has no right to give, bargain, sell, assign or sublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or advantage of the present Contract or any part thereof, except with the prior consent of the Buyer in case of merger, amalgamation, consolidation, acquisition, change in control or similar transactions. For granting such consent, Buyer may require the Seller to enter into a Novation Agreement. The Seller may utilize its wholly owned subsidiary in India to provide product support related to the Contract. However, it shall not relive the seller of any obligation, duty or liability attributable to the Seller under the present Contract.
• 12.Patents and other Industrial Property Rights. The prices stated in the present Contract shall be deemed to include all amounts payable for the use of patents, copyrights, registered charges, trademarks and payments for any other industrial property rights. The Seller shall indemnify the Buyer against all claims, including claims from a third party at any time on account of the infringement of any or all the rights, whether such claims arise in respect of manufacture or use. The Seller shall have the sole responsibility to defend/ settle such claim(s), The seller shall be responsible for completion of the supplies, including spares, tools, technical literature and training aggregates, irrespective of the fact of infringement of any or all these rights13. Amendments. No provision of present Contract shall be changed or modified in any way (including this provision) either in whole or in part except by an instrument in writing made after the date of this Contract and signed on behalf of both the parties and which expressly states to amend the present Contract.
• 14.Taxes, Duties and Levies. 14.1 General. 14.1.1. All taxes, duties, levies and charges which are to be paid for the delivery of goods/ services, including advance samples, shall be paid by the parties under the present Contract in their respective countries (applicable in case of proposals involving foreign procurements) 14.1.2. All indirect taxes and duties paid by the seller on behalf of the Buyer will be reimbursed at actuals, or as quoted by the seller, whichever is lower, based on production of documentary proof of payment. 14.1.3. Bidders must indicate separately the relevant Taxes/ Duties (including GST/ IGST/ etc.) likely to be paid in connection with delivery of completed goods/ services specified in the RFP. In the absence of any such stipulation, it will be presumed that the prices include all such charges and no claim for the same will be entertained. 14.1.4. If a Bidder is exempted from payment of any duty/ tax upto any value of supplies from them, he should clearly state that no such duty/ tax will be charged by him up to the limit of exemption which he may have. If any concession is available in regard to rate/quantum of any Duty/ tax, it should be brought out clearly. In such cases, relevant certificate/s will be issued by the Buyer later, to enable the seller to obtain exemptions from taxation authorities. 14.1.5. Bidders should note that in case any refund of any duty taxes/ tax is granted to them by Central/ State authorities in respect of stores supplied under the Contract, they will pass on the credit to the Buyer immediately, along with a certificate that the credit so passed on, relates to the duty/ tax originally paid for the stores supplied under the Contract. 14.1.6. Any upward revision in levies, taxes and duties levied by the Central/ state/ Local governments on final product as a result of any statutory variation taking place within Contract period, shall be allowed reimbursement by the Buyer, to the extent of actual quantum of such duty/ tax paid by the seller. Similarly, in case of downward revision in any such duty/ tax, the actual quantum of reduction of such duty / tax shall be reimbursed to the Buyer by the Seller. All such adjustments shall include all reliefs, exemptions, rebates, concessions, etc., if any obtained by the Seller. 14.1.7. Levies, taxes and duties levied by the Central/ State/ Local governments on final product will be paid by the Buyer on actuals, on relevant documentaryevidence. Bidders are requi re d to include the same in the pricing of their product. Taxes and duties on input items/ raw materials, and any variations thereof, will not be paid by the buyer and they may not be indicated separately in the bids. 14.1.8. Liquidated damages or any other recoveries should not be shown as deductions on the invoice, and GST shall be applicable on the invoice Amount. 14.1.9. In case of Price Variation or Exchange Rate Variation, or any other variation, GST shall be applicable on the net invoice value after the variation is taken into account. 14.1.10. In case of profiteering by the seller relating to GST tax, the Procuring Entity shall treat it as a violation of the Code of Integrity in the Contract and take any or all punitive actions thereunder, in addition to recovery and action by the GST authorities under the Act. 14.1.11. For imported stores, the Bidder shall quote prices thereof exclusive of customs duty and shall specify separately the CIF/ CIP/ any other INCOTERMS (as applicable) prices and total amount of customs duty payable. The Bidder will also indicate correctly the rate of customs duty applicable, along with the Indian Trade classification (ITC-HS) applicable. Customs duty if paid by the Seller will be reimbursed at actuals, on production of necessary documents. 14.2 Customs Duty 14.2.1. For imported stores offered against forward delivery, the Bidder shall quote prices thereof exclusive of customs duty. The Bidder shall specify separately the C.I.F. prices and total amount of customs duty payable. They will also indicate correctly the rate of customs duty applicable along with Indian Customs Tariff Number. Customs duty as actually paid will be reimbursed on production of necessary documents i.e. (aa) Triplicate copy of the bill of entry; (ab) copy of bill of lading; (ac) a copy of foreign principal’s invoice. However, if the Bidder imports the stores in question against his own commercial quota Import Licenses, he will also be required to submit in addition the triplicate copy of bills of entry etc. a certificate from his Internal Auditor on the bill itself, to the effect that the following items/quantity in the bill of entry related to the stores imported against Defence Buyer contract number. 14.2.2. Subsequent to the reimbursement of customs duty, the Bidder will submit to the concerned Payment Authority a certificate to the effect that he has not obtained any refund of customs duty subsequent to the payment of duty to the Customs authority by him. In addition, he shall also submit to the Paying Authority concerned a certificate immediately after a period of three months from the date of payment of the duty to customs authorities to the effect that he has not applied for refund of the customs duty subsequent to the payment of duty to the customs authorised by him.14.2.3. In case the Bidder obtains any refund of customs duty, subsequently to the payment of the same by him to the customs authorities and reimbursement of the customs duty to him by the Payment Authority, he should forthwith furnish the details of the refund obtained and afford full credit of the same to the Buyer. 14.3. GST. The rate and the nature of GST applicable at the time of supply should be shown separately. GST will be paid to the Seller at the rate at which it is liable to be assessed or has actually been assessed provided the transaction of sale is legally liable to GST and the same is payable as per the terms of the contract
• 15.Safety Regulations. Detailed safety guidelines for Firms is placed at Annexure 1 to this Work order.
• 16.Labour Regulations. 16.1. Contract Labour (Regulation and Abolition) Act. Contractor should obtain license under section 12 and 13 of the Contract Labour (Regulation and Abolition) Central Rules, 1972 and provisions made there under and same should be submitted along with technical bid. The license should be shown as and when demanded by the concerned authorities and officials of ND(Kar). The Contractor shall carry out his obligations and duties under the Contract Labour (Regulation and Abolition) Central Rules, 1972 and the rules framed there under. Contractor shall maintain wage register in Form 13 as per CLRA 1972. Payment to workers shall be made through bank account and a copy of bank remittance statement along with attendance register shall be forwarded to ND(Kar) on monthly basis for the duration of contract. 16.2. Minimum Wages Act. Contractor shall pay employee not less than minimum wages and allowances applicable to the Engineering industry as notified from time to time by the State Govt/ Central Govt under Minimum Wages Act. Contractor shall be responsible for timely payment of wages of all employees engaged in ND(Kar) not less than the prescribed minimum wages in each case and without any deductions of any kind except specified by the Government under the Payment of Wages Act. 16.3. Employees Provident Fund Act and Scheme. The Contractor wherever applicable shall cover all his eligible employees engaged on ND(Kar) jobs under the Employees Provident Fund Act & Scheme and Family Pension Scheme and pay the contribution in respect of his employees and his own. He shall submit all the necessary returns and other particulars periodically as prescribed under the said insurance scheme by filing requisite returns to the concerned authorities with inspection and Administrative charges as per relevant provision of the concerning Acts and Schemes made there under within 15 days from the month ending. 16.4. Employees State Insurance Act. Contractor should also cover all the contract labourer’s working on ND(Kar) jobs, under the Employees State Insurance Act and Scheme by furnishing necessary returns to appropriate authority and pay both employees and employers contributions in respect of these employees to the concerned authorities within 20 days from the month ending. Contractor should produce proof of such remittances to the contracting authority along with full details of contributions etc,as and when such de tails are sought. He shall also give an undertaking that he will not engage any person in ND(Kar) jobs, who is not duly covered under the said Act Scheme. 16.5. Uniform. All personnel including supervisors employed for the work on the premises of the Yard will wear uniform with firm’s name prominently printed on the front and back side. All employees of the firm should be provided with ISI registered personnel protective clothing such as safety harness, steel toed shoes, gloves, helmet, protective eyewear and apron etc as applicable for the work being undertaken by them. 16.6. Appointment of skilled labor. As per the latest Government policy under IHQ Mod letter CP(SC)/ 1890/ Policy dated 31 Mar 21, it is mandatory to appoint only certified skill workers for all Government work. Hence all supervisors should produce proof of the proficiency certificate of the workers under him, as and when such details are sought and to submit a copy of it along with the work completion certificate.
• 17.Compliance with Official Secrets Act. 17.1. The contractor firm are to abide by the general rules in force by the management of the Navy including Official Secret Act 1923. 17.2. All types of photography is prohibited. Smart phone/ devices banned inside naval base. Defaulter’s gadget will be seized and necessary legal action will be initiated. 17.3. Only the designated gates/ entry points are to be used for entry and exit to the premises. Workers are not to wander outside the designated work sites. 17.4. All types of sketch, plan, model, not photographs, video graphs, movement of ships/ submarines, collection or publication or communication relates to defence/ naval service with any unauthorized/ foreign personnel are considered unauthorized. 17.5. All data, documents, materials and information received or generated during the execution of contracts to be treated as confidential or restricted unless otherwise specified. 17.6. No unauthorised disclosure of information or documents related to contract shall be made to any person or entity not officially entitled to receive such information. Special Conditions
• 1.Performance Guarantee. The Bidder will be required to furnish a Performance Guarantee by way of Account payee Demand Draft, Fixed Deposit Receipt (FDR), Banker ,s cheque, Insurance Security Bonds, Bank Guarantee (BG)/ Electronic BG (Ebg) or Electronic EMD (e-EMD) from any of the Indian Public or private Sector Scheduled Commercial Bank or payment online in an acceptable from for a sum equal to 05% of the contract value within 30 days of receipt of the confirmed order. Performance Bank Guarantee should be valid up to 60 days beyond the date of warranty/ contract. The specimen of PBG is given in form DPMF-15 (Available in MoD website and can be provided on request).
• 2.Limitation of the liability. Except the cases of criminal negligence or wilful misconduct aggregate liability of the procuring entity. Weather under the work order in tort or otherwise, shall not exceed the total work order price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the contractor to indemnify the procuring entity concerning IPR infringement.
• 3.Payment terms for Indigenous Sellers. It will be mandatory for the Bidders to indicate their bank account numbers and other relevant e-payment details so that payments could be made through ECS/ EFT mechanism instead of payment through cheques, wherever feasible. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for receiving payments th rough ECS is at Form DPM-11 (Available in MoD website and can be given on request). The payment will be made as per the following terms, on production of the requisite documents: 3.1.
• 4.The payment will be made as mentioned as follows: - StageActivity DefinitionPayment Stage I100% of sanction amount will be made on completion of delivery of services and obtaining work completion certificateOne Time Advance Payments. No advance payment(s) will be made.
• 5.Paying Authority. The payment of bills will be made on submission of the following documents by the Seller to the Paying Authority (Accounts Office, Karwar) along with the bill: - 5.1.Ink-signed copy of contingent bill/ Seller’s bill. 5.2.E-invoices to be generated on AO (Kar) GST No. 29BLRA16713E1DF. 5.3.Ink-signed copy of Commercial invoice/ Seller’s bill/ ‘E’-invoice5.4. Copy of Contract with U.O. number a n d date of IFA’s concurrence, (where required under delegation of powers). 5.5.CRVs in duplicate countersigned by Manager(Material). 5.6.Inspection note. 5.7. Claim for statutory and other levies to be supported with requisite documents/ proof of payment such as GST paid Receipt and Undertaking, Proof of payment for EPF/ESIC contribution with nominal roll of beneficiaries, Excise duty challan, Customs duty clearance certificate, Octroi receipt, etc as applicable. 5.8.Exemption certificate for Excise duty/ Customs duty, if applicable. 5.9.Guarantee / Warranty certificate. 5.10. Performance Bank guarantee/ Indemnity bond where applicable. 5.11. DP extension letter with CFA’s sanction, U.O. number and date of IFA’s concurrence, where required under delegation of powers, indicating whether extension is with or without LD. 5.12. Details for electronic payment viz Account holder’s name, Bank name, Branch name and address, Account type, Account number, IFSC code, MICR code (if these details are not incorporated in contract). 5.13. Any other document/ certificate that may be provided for in the supply order/ contract. 5.14. User Acceptance. 5.15. Xerox copy of PBG. (Note – From the above list, the documents that may be required depending upon the peculiarities of the procurement being undertaken, may be included in RFP)
• 6.Fall Clause. The following fall clause will form part of the contract placed on successful Bidder: - 6.1. The price charged for the stores supplied under the contract by the Seller shall in no event exceed the lowest prices at which the Seller sells the stores or offer to sell stores of identical description to any persons / Organisation including the purchaser or any department of the Central government or any Department of state government or any statutory undertaking the central or state government as the case may be during the period till performance of all supply Orders placed during the currency of the rate contract is completed.6.2. If at any time, during the said period the Seller reduces the sale price, sells or offer to sell such stores to any person/organisation including the Buyer or any Department of central Govt. or any Department of the State Government or any Statutory undertaking of the Central or state Government as the case may be at a price lower than the price chargeable under the contract, the shall forthwith notify such reduction or sale or offer of sale to the Director general of Supplies & Disposals and the price payable under the contract for the stores of such reduction of sale or offer of the sale shall stand correspondingly reduced. The above stipulation will, however, not apply to:- 6.2.1 Exports/ Deemed Exports by the Seller. 6.2.2 Sale of goods such as drugs which have expiry dates. 6.3. The Seller shall furnish the following certificate to the Paying Authority along with each bill for payment for supplies made against the Rate contract – “We certify that there has been no reduction in sale price of the stores of description identical to the stores supplied to the Government under the contract herein and such stores have not been offered/sold by me/ us to any person/organisation including the purchaser or any department of Central Government or any Department of a state Government or any Statutory Undertaking of the Central or state Government as the case may be upto the date of bill/the date of completion of supplies against all supply orders placed during the currency of the Rate Contract at price lower than the price charged to the government under the contract except for quantity of stores categories under sub-clauses (a),(b) and
• (c)of sub-para (ii) above details of which are given below - ........”.
• 7.Risk & Expense Clause. 7.1. Should the stores or any installment thereof not be delivered within the time or times specified in the contract documents, or if defective delivery is made in respect of the stores or any installment thereof, the Buyer shall after granting the Seller 45 days to cure the breach, be at liberty, without prejudice to the right to recover liquidated damages as a remedy for breach of contract, to declare the contract as cancelled either wholly or to the extent of such default. 7.2. Should the stores or any installment thereof not perform in accordance with the specifications/ parameters provided by the SELLER during the check proof tests to be done in the BUYER’s country, the BUYER shall be at liberty, without prejudice to any other remedies for breach of contract, to cancel the contract wholly or to the extent of such default. 7.3. In case of a material breach that was not remedied within 45 days, the BUYER shall, having given the right of first refusal to the SELLER be at liberty to purchase, manufacture, or procure from any other source as he thinks fit, other stores of the same or similar description to make good: - 7.3.1. Such default. 7.3.2. In the event of the contract being wholly determined the balance of the stores remaining to be delivered thereunder.7.4. Any excess of the purchase price, cost of manufacturer, or value of any stores procured from any other supplier as the case may be, over the Contract price appropriate to such default or balance shall be recoverable from the SELLER. Such recoveries shall not exceed 10% of the value of the Contract.” 7.5. The manner and method of such procurement from other source shall be at the discretion of the Buyer, and it shall not to be necessary for the Buyer to notify the Seller of such procurement.
• 8.Force Majeure Clause. 8.1. Neither party shall bear responsibility for the complete or partial non- performance of any of its obligations (except for failure to pay any sum which has become due on account of receipt of goods under the provisions of the present contract), if the non- performance results from such Force Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Actions of State Authorities or any other circumstances beyond the parties control that have arisen after the conclusion of the present contract. 8.2. In such circumstances the time stipulated for the performance of an obligation under the present contract is extended correspondingly for the period of time of action of these circumstances and their consequences. 8.3. The party for which it becomes impossible to meet obligations under this contract due to Force Majeure conditions, is to notify in written form the other party of the beginning and cessation of the above circumstances immediately, but in any case not later than 10 (Ten) days from the moment of their beginning. 8.4. Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority or organization of the respective country shall be a sufficient proof of commencement and cessation of the above circumstances. 8.5. If the impossibility of complete or partial performance of an obligation lasts for more than 6 (six) months, either party hereto reserves the right to terminate the contract totally or partially upon giving prior written notice of 30 (thirty) days to the other party of the intention to terminate without any liability other than reimbursement on the terms provided in the agreement for the goods received.
• 9.OEM Certificate. NA.
• 10.Export License. The Bidders are to confirm that they have requisite export license from their Government and Authorizatio n from the manufacturing plant, in case they are not the OEM, to export the military/ non-military goods to India.
• 11.Earliest Acceptable Year of Manufacture. Quality/ Life certificate will need to be enclosed with the Bill.12. Quality. The quality of the stores delivered according to the present Contract shall correspond to the technical conditions and standards valid for the deliveries of the same stores for in Seller’s country or specifications enumerated as per RFP and shall also include therein modification to the stores suggested by the Buyer. Such modifications will be mutually agreed to. The Seller confirms that the stores to be supplied under this Contract shall be new i.e. not manufactured before (Year of Contract), and shall incorporate all the latest improvements and modifications thereto and spares of improved and modified equipment are backward integrated and interchangeable with same equipment supplied by the Seller in the past if any. The Seller shall supply an interchangeability certificate along with the changed part numbers wherein it should be mentioned that item would provide as much life as the original item.
• 13.Quality Assurance. The Seller would provide the Standard Acceptance Test Procedure (ATP) within …………..month(s) of this date of signing the contract. The Buyer reserves the right to modify the ATP. Seller would be required to provide all test facilities at his premises for acceptance and inspection by Buyer. The details in this regard will be coordinated during the negotiation of the contract. The item should be of the latest manufacture, conforming to the current production standard and having 100% defined life at the time of delivery.
• 14.Inspection Authority. The Inspection will be carried out by ND, Karwar. The mode of Inspection will be Departmental Inspection/ User inspection/ Joint inspection/ Self-certification. items supplied will be taken on charge through joint muster of items by representatives of concerned department and Material Department.
• 15.Franking Clause. The following Franking clause will form part of the contract placed on successful Bidder:- 15.1. Franking Clause in the case of Acceptance of Goods. “The fact that the goods have been inspected after the delivery period and passed by the Inspecting Officer will not have the effect of keeping the contract alive. The goods are being passed without prejudice to the rights of the Buyer under the terms and conditions of the contract”. 15.2. Franking Clause in the case of Rejection of Goods. “The fact that the goods have been inspected after the delivery period and rejected by the Inspecting Officer will not bind the Buyer in any manner. The goods are being rejected without prejudice to the rights of the Buyer under the terms and conditions of the contract.”
• 16.Claim: The following Claims clause will form part of the contract placed on successful Bidder:- 16.1. The claims may be presented either: 16.1.1. On quantity of the stores, where the quantity does not correspond to the quantity shown in the Packing List/Insufficiency in packing, or 16.1.2. On quality of the stores, where quality does not correspond to the quality mentioned in the contract.16.2. The quantity claims for deficiency of quantity shall be presented wi th in 45 days of completion of JRI and acceptance of goods. The quantity claim shall be submitted to the Seller as per Form DPM-22 (Available in MoD website and can be given on request). 16.3. The quality claims for defects or deficiencies in quality noticed during the JRI shall be presented within 45 days of completion of JRI and acceptance of goods. Quality claims shall be presented for defects or deficiencies in quality noticed during warranty period shall be presented at the earliest but not later than 45 days after expiry of the guarantee period. The quality claims shall be submitted to the Seller as per Form DPM- 23 (Available in MoD website and can be given on request). 16.4. The description and quantity of the stores are to be furnished to the Seller along with concrete reasons for making the claims. Copies of all the justifying documents shall be enclosed to the presented claim. The Seller will settle the claims within 45 days from the date of the receipt of the claim at the Seller’s office, subject to acceptance of the claim by the Seller. In case no response is received during this period the claim will be deemed to have be en accepted. 16.5. The Seller shall collect the defective or rejected goods from the location nominated by the Buyer and deliver the repaired or replaced goods at the same location under Seller’s arrangement. 16.6. Claims may also be settled by reduction of cost of goods under claim from Bank Guarantees submitted by the Seller or payment of claim amount by Seller through demand draft drawn on an Indian Public or private Scheduled Commercial Bank, in favour of the Principal Controller / Controller of Defence Accounts concerned. 16.7. The quality claims will be raised solely by the Buyer and without any certification/ countersignature by the Seller’s representative stationed in India.
• 17.Warranty. The following warranty will form part of the Contract placed on the successful bidder :- 17.1. Except as otherwise provided in the invitation tender, the Seller hereby declares that the goods, stores articles sold/supplied to the Buyer under this Supply order shall be of the best quality and workmanship and new in all respects and shall be strictly in accordance with the specification and particulars contained in Supply order. The Seller hereby guarantees that the said services would continue to conform to the description and quality aforesaid for a period of 06 months and the said goods stores/ articles would continue to conform to the description and quality aforesaid for a period of 12 months from the date of delivery of the said goods stores/ articles to the Buyer and that notwithstanding the fact that the Buyer may have inspected and/or approved the said goods/ stores/ articles, if during the aforesaid period of 06/12 months the said goods/stores/articles be discovered not to conform to the description and quality aforesaid not giving satisfactory performance or have deteriorated, and the decision of the Buyer in that behalf shall be final and binding on the Seller and the Buyer shall be entitled to call upon the Seller to rectify the services/ goods/ stores/ articles or such portion thereof as is found to be defective by the Buyer within a period of 180 days, orsuch specified perio d a s may be allowed by the Buyer in his discretion on application made thereof by the Seller, and in such an event, the above period shall apply to the services/ goods/stores/articles rectified from the date of rectification mentioned in warranty thereof, otherwise the Seller shall pay to the Buyer such compensation as may arise by reason of the breach of the warranty therein contained. 17.2. Guarantee that they will supply spare parts, if and when required on agreed basis for an agreed price. The agreed basis could be and including but without any limitation an agreed discount on the published catalogue or an agreed percentage of profit on the landed cost.
• 18.Warranty to the effect that before going out of production for the spare parts they will give adequate advance notice to the Buyer of the equipment so that the latter may undertake the balance of the life time requirements.
• 19.Warranty to the affect that they will make available the blue prints of drawings of the spares if and when required in connection with the main equipment. SAFETY GUIDELINES FOR CONTRACTORS
• 1.Applicability. These safety guidelines are applicable to Contractors performing any work within naval premises, onboard naval platforms or in any facilities belonging to the Indian Navy.
• 2.General Safety Responsibilities. The Contractor shall at his/ her own expense arrange for all safety provisions as per Factories Act 1948 with its latest amendment, State Government Rules, and any other Legislative Acts, Rules and Regulations as applicable, in respect of personnel directly or indirectly in performance of the Contractor’s part of work (including sub-contracted workers). This includes provision of the following:- 2.1. Appropriate PPE to all workers. 2.2.Safety signages at the work site. 2.3.Machinery/ equipment that is safe to use. 2.4.Adequate safety training for all workers and supervisors. 2.5.Medical attention for injuries/ fatalities at the work site.
• 3.All PPE, working material, tools, equipment, machinery and procedures are to be in conformance with recognised Indian Standards as issued by Bureau of Indian Standards (BIS).
• 4.The Contractor is to ensure that the workers and supervisors are adequately trained, qualified and certified for the jobs being undertaken.
• 5.All machinery and equipment must be serviceable and safe to use with all requisite test certificates in-date.
• 6.The Contractor is to formulate an overall Health, Safety and Environment (HSE) plan for the contracted work in consultation with the naval Contract Operating Authority (COA). The HSE plan is to include institutionalisation of suitable mitigating measures and precautions for prevention of any viral transmission/ such diseases at the work site and adjoining areas. Suitable HSE experts may also be consulted, if required.
• 7.The Contractor is to provide at least one full-time on-site dedicated Safety Officer/ Supervisor when 50-250 workers have been engaged. An additional safety supervisor is to be appointed for every 100 workers or part thereof for a particular work. If less than 50 workers are employed, any suitable supervisor of the Contractor may be nominated for additionally looking into overall safety aspects. The responsibilities of the Safety Officer/ Supervisor will include the following:- 7.1. Assess the safety hazards associated with jobs in consultation with all concerned and establish safe working procedures/ protocols. A written record is to be maintained.7.2. Undertake routi ne and surprise inspections of work sites and identify deviations from safe working procedures, if any. Check compliance with the overall HSE plan. Document any deviations/ violations observed and bring it to notice of the concerned supervisor and management. 7.3.Ensure hazard area markings and signages are properly positioned. 7.4.Maintain record of all qualifications/ certifications of skilled workers. 7.5. Maintain record all serviceability tests/ certificates of systems/ equipment/ machinery at the work site and details of their preventive maintenance undertaken. 7.6. Ensure the hazard and near-miss/ incident reporting organization is functioning efficiently. 7.7. Report incidents/ accidents to the Contractor and naval authorities promptly. 7.8. Investigate ‘near misses’, incidents and accidents to identify the root cause and institute/ advise corrective measures to prevent recurrence. 7.9. Maintain statistical safety data for analysing safety performance of various work- groups. 7.10. Advise the management on restrictions/ limitations on work due to safety considerations. 7.11. Ensure that toolbox meetings and safety briefings/ de-briefings prior commencement and post completion of daily work/ jobs is being conducted by supervisors. Randomly attend such meetings/ briefings and ensure records are being maintained. 7.12. Attend all safety meetings of the naval COA, as required, along with the Contractor management. 7.13. Maintain daily safety records and provide these for inspection to management or naval COA, when ordered. 7.14. Ensure good house-keeping of the work site/ area. 7.15. Conduct periodic safety meetings to ensure all workers/ personnel have a common understanding and consciousness of safety.
• 8.Near Miss/ Incident Reporting and Response. Any incident, ‘near miss’ or accident is to be reported promptly by the Safety Supervisor to the Contractor management and the naval COA, while simultaneously commencing incident response actions. The COA would augment resources for incident response, if required. Depending on the severity of the incident, work in the concerned work-site is to be halted until incident response is completed, requisite investigation is undertaken and hazard mitigation measures put in place. For serious accidentsinvolving lo ss of life/ limb, the Contractor is to undertake a detailed investigation and render a written report to the COA bringing out the causes for the accident and the mitigating action taken to prevent recurrence.
• 9.Contractor shall own full responsibility for any accident and injury to any worker(s) or to any person(s) or property arising due to violation of the safety norms, in addition to all the liabilities for criminal/ penal action, insurance claims, etc. arising out of an accident during the execution of the contract. He shall be liable to pay compensation/ damages arising out of such claims, indemnifying the principal employer. This will be applicable, even though financial penalty is not ap plied for such violations. Further, implication of financial penalties for any safety violations does not absolve the contractor from any of the responsibilities as per the General conditions of the Contract, Special conditions of Contract and Special Safety Conditions.
• 10.Environmental Protection/ Waste Disposal. During execution of work the Contractor must ensure that requisite arrangements are in place to avoid pollution of the surrounding environment by spread of fumes, dust, toxic gases/ vapours, waste discharge into water bodies, contamination of ground water sources, etc. Sound pollution is to also be avoided by incorporation of suitable sound damping arrangements on machinery/ equipment.
• 11.All waste/ debris/ scrap is to be cleared by the Contractor on regular basis. The COA may stop work if non-clearance of waste is leading to unsafe/ unhygienic conditions. Disposal of waste is to be undertaken in accordance with existing environmental laws.
• 12.Conduct within Naval Premises. The Contractor is to ensure that all contracted workers/ personnel adhere to the safety/ security rules and regulations in force when within naval premises. Strict action would be taken against defaulting workers and the Contractor penalised. Some specific regulations to be adhered to in naval areas are as follows:- 12.1 Photo/ videography of any kind is not permitted. 12.2. Smartphones are not permitted in sensitive areas as indicated by the COA. The Contractor is to make a suitable facility for workers to deposit their smartphones on entry to the premises. 12.3. Only the designated gates/ entry points are to be used for entry and exit to the premises. 12.4. Workers are not to wander outside the designated work sites. 12.5. Smoking, consumption of alcohol, intoxicating medicines, narcotics, tobacco products etc, are not permitted within naval premises. Designated smoking zones may be established by the unit, on request, if feasible. 12.6. Any work carried out in the naval premises must be covered by a valid work permit / clearance certificate issued by the concerned department of the COA. 12.7. All material entering/ exiting the naval premises will be subjected to security checks.
• 13.Financial Penalties for Safety Violations. Safety violations within naval premises will invite financial penalties on the Contractor by the COA. These penalties will be deducted from the running/ final bill or settlement. The penalty can be recommended by the concerned department of the COA where the work is taking place, or by the safety officer/ supervisor of theCOA. The f oll owing penalties may be applied by the COA depending on the severity of the violation: - Ser Severity of Safety Violation Amount (Rs) Minor violation of specified safety regulations (eg, electrical 13.1 500/- to 2,000/- hygiene, road safety, non-usage of PPE, etc) Major violation of specified safety regulations (eg, load test 13.2 of lifting appliance not in-date, safety supervisor absent from 5,000/- to 10,000/- work site, unqualified person operating machinery, etc) Safety violations resulting in damage to naval property or as per actuals 13.3 injury to naval personnel/ dependents Cost of damage/ medical treatment
• 14.The above penalties do not absolve the Contractor for further civil action/ lawsuits, foreclosure of the contract and/ or imposition of tender holiday/ de-registration by the COA, for violations of serious nature.
• 15.Pre-Work Safety Preparation. Prior to commencement of work, the Contractor is to ensure the following: - 15.1. Adequate number of workers/ personnel have been allocated for the work. 15.2. The workers have been properly briefed and equipped with appropriate PPE and tools/ accessories. 15.3. All equipment/ machinery have been inspected and verified safe for use. Requisite safety devices are operational and functioning. 15.4. All emergency/ incident/ accident response arrangements are in place. 15.5. Requisite clearances from the COA are available for commencing the work.
• 16.Safety during Execution of Work. During execution of work, the Contractor must ensure proper monitoring of all areas of the work-site and proactively address any identified hazards (dynamic risk assessment). Supervisors must be empowered to stop work until observed hazards have been mitigated. Performance parameters of operating machinery must be constantly evaluated for determining any signs of stress or impending failure which could lead to an accident.
• 17.Post-Work Safety Securing. On completion of work, the Contractor must ensure that workers/ personnel are de-briefed, during which any unforeseen issues/ hazards which emerged during the execution of work, may be discussed. Specific safety aspects/ preparations for the next day’s plan/ scope of work may also be discussed. All equipment/ machinery is to be de-energised and inspected for any requirement of maintenance or repair. All items/ equipment are to be returned to their respective locations and housekeeping activities undertaken.
• 18.Road Safety in Naval Premises.18.1. The Contractor is to obtain prior permission to operate vehicles inside th e naval premises by submitting requisite vehicle registration certificates and driving licenses of the designated drivers. 18.2. The vehicles are to be in compliance with all relevant provisions of the Motor Vehicles Act 1988 and Motor Vehicles (Amendment) Act 2019. 18.3. All traffic regulations in the naval premises are to be complied with by the motor vehicles used for execution of contract inside the naval premises. In addition, the following points are also outlined for compliance:- 18.3.1. Speed limit within the naval premises is to be followed. 18.3.2. Vehicles are to be parked only in designated areas. 18.3.4. Vehicles driven inside the premises should be safe for use and have effective brakes, horns, lights, good tyres, etc. 18.3.5. Vehicles shall carry only the number of passengers or weight of load as authorised by law. Loads carried in trucks shall be properly secured to prevent accidentally falling off. Loose material in open trucks/ tippers is to be covered to prevent material flying off. 18.3.6. Drivers of heavy motor vehicle should check for vehicle’s overhead/ sideways clearance whilst driving in confined areas within naval premises.
• 19.Work Site Safety. Contractors will be responsible for safety at their respective work- sites. An indicative list of guidelines for specific aspects of work-site safety are as follows:- 19.1 Pedestrian Safety. 19.1.1. Every work-site is to have a proper traffic management plan to minimise interaction between pedestrians and vehicles/ mobile equipment. 19.1.2 Areas designated for pedestrian movement and vehicular movement are to be clearly demarcated. The following zones are to be created based on risk assessments: - 19.1.2.1. A-Type Areas. No walk zones, where no pedestrian is permitted. 19.1.2.2. B-Type Areas. Areas where specifically trained personnel in appropriate PPE are authorised to walk. 19.1.2.3. C-Type Areas. Areas where unrestricted walking access is permitted to authorised personnel. 19.1.3. Pedestrian areas are to be designed to minimise risks to pedestrians. The walkways are to be unobstructed, well-marked, well-surfaced and well-lit.19.1.4. Floor openings larger tha n 1 2 inches are to have a secured cover, and a suitable guardrail around when kept open. 19.1.5. For work being undertaken on high structures, adequate screens/ safety nets are to be provided to prevent debris/ material/ tools falling on personnel/ pedestrians below. 19.2 Mobile Equipment Safety. Mobile equipment includes all wheeled and tracked vehicles and Material Handling Equipment (MHE) such as forklifts, cranes, etc. The following is to be ensured while operating mobile equipment at the work-site:- 19.2.1. All mobile equip ment are to be serviceable, load tested and certified for safe use. Regular checks/ preventive maintenance of the equipment is to be undertaken, especially of critical safety devices, to maintain the equipment safe for use. 19.2.1. Equipment is not to be used if ‘no-go’ items such as brakes, anti-collision devices, emergency stops, etc are not working. 19.2.2. Mobile equipment are to be handled only by qualified and experienced personnel. 19.2.3. Personnel operating mobile equipment are to don appropriate PPE. Operator fatigue must be borne in mind by the supervisors. 19.2.4. Loads are to be stable and secured before commencing movement of the equipment. 19.2.5. Operating limits/ zones for mobile equipment are to be clearly marked/ indicated. Mobile equipment are to remain within these limits/ zones and adhere to stipulated safety/ traffic regulations. 19.3 Safe Handling of Loads. 19.3.1. Safe operating procedures for lifting/ handling different size/ shape loads must be promulgated and concerned personnel must be aware of these. 19.3.2. Loads must not be lifted over personnel or vehicles. 19.3.3. The load must not exceed SWL of the lifting appliance/ equipment. 19.3.4. Supervising personnel must position themselves in a position to be clearly visible to the equipment operator and effective communication/ signaling is to be employed. 19.3.5. All lifting gear is to be thoroughly checked before and after use. 19.3.6. Path for equipment moving the load is to be clear of obstruction.19.3.7. Load being lifted must be c or rectly secured/ slung and balanced. 19.4 Safety while Working at Heights. 19.4.1. Fall protection/ prevention measures must be instituted for any location where personnel are working near an unprotected edge which exposes them to a fall more than 2 metres. 19.4.2. Appropriate fall protection methods/ equipment such as anchor points, harnesses, securing lanyards, etc are to be provisioned for personnel working at heights. ‘Three point contact’ is to be ensured at all times. 19.4.3. Fall prevention measures such as safety cages, scaffolding, elevated work platforms, fencing and guardrails must be provided wherever possible. 19.4.4. Scaffolding shall be of good material and sound construction as per the standards. The scaffolding shall be checked thoroughly by the safety supervisor before use. 19.4.5. Personnel working at heights must work in ‘buddy’ system. 19.5 Fire Safety. 19.5.1. Constant risk assessment is required to be undertaken to ensure that the work place is clear of fire hazards. 19.5.2. Adequate portable/ first-aid fire-fighting appliances are to be available at the work site appropriate for the nature of inflammable/ combustible material in use or being stowed. 19.5.3. Personnel are to be trained for use of first aid fire-fighting equipment until arrival of fire-fighters. 19.5.4. Mass evacuation procedures for major fires are to be put in place and exercised regularly. 19.5.5. Hot Work Precautions . 19.5.1. Gas cutting torches shall be fitted with approved flash back arrestor at both ends. 19.5.2. Two stage regulators with two gauges only must be used. (ac) Oxygen gas and other gas hoses should be without any joint. In the event of joint becoming essential, only approved connector must be used. 19.5.3. Oxygen must never be used as a substitute for compressed air nor must it be released in a confined space for any reason.19.5.4. Oil or grease must not be allowed to come i n c ontact with oxygen cylinders, regulators or hose. 19.5.5. Acetylene/ cutting gas and oxygen cylinders must not be taken onboard vessels or tanks under an y circumstances, neither should acetylene/ cutting gas torches connected with cylinders be left onboard any vessel. Torches must always be taken outside the vessel when not in use. 19.5.6. Torches/ hoses when disconnected from the cylinder can be permitted for stowage onboard in open area to avoid removal/ relaying. 19.6 Safety when Working in or around Water Bodies. 19.6.1. All areas next to water are to have suitable fencing/ barriers with adequate safety margin from the edge to prevent personnel or equipment from falling into the water. 19.6.2. In case personnel are to work close to the water’s edge, they must don suitable floatation gear/ life jackets, and must work under supervision or in ‘buddy system’. Alternatively, safety nets may be placed below the working area/ location of personnel. 19.6.3. visible. The water’s edge must have good lighting/ illumination to be clearly 19.7.4. Areas where berthing operations of ships/ vessels are undertaken are to be clearly demarcated to prevent unauthorised workers/ personnel from entering. 19.6.5. Lifebuoys with lines are to be readily available for recovery of personnel falling into water. 19.6.6. For work being performed on the water, boats/ ships/ floating platform
• (vessels)being used should be seaworthy. Requisite seaworthiness certification from an authorised agency must be held. 19.6.7. Vessels must not be overloaded beyond capacity. Loads onboard must be balanced to maintain stability. 19.6.8. All personnel onboard must be in possession of life-jackets. 19.6.9. The vessels must have guardrails to protect personnel from falling overboard. 19.6.10. Vessels are to be properly secured/ moored when not underway. 19.6.11. Onboard work is to cease during rough weather and the vessels secured adequately.19.6.12. Regular checks of water-tight integrity of the vessels is required to be undertaken by competent personnel. 19.6.13. While underway, the vessels are to be handled by competent personnel with due regard to IRPCS and SOLAS regulations. 19.6.14. Only qualified and certified personnel and equipment are to be employed for underwater operations. The contract operating authority may verify the certifications prior commencement of work. 19.6.15. Standard procedures for conduct of underwater operations are to be adhered to as laid down in International Marine Contractors Association (IMCA) International Code for Practice of Offshore Diving IMCA D014. 19.7 Safety while Working with Compressed Gas. 19.7.1. Compressed gas cylinders shall be kept in upright position (both full & empty). They must be firmly located on the ground on a sturdy stand and the cylinder should be chained to prevent accidental fall. 19.7.2. Filled and empty cylinders should be stacked separately. They shall meet the requirements under the Gas Cylinder Rules 2004. Valid test certificate for compressed gas cylinders shall be made available at site for verification by authorised person. 19.7.3. Compressed gas cylinders must never be stored or placed near hot equipment or lines. They must be protected against high temperatures and contact with electrical circuits. They must also be protected from damage by passing or falling objects. When cylinders are not connected for use, safety caps must be in place. 19.7.4. Compressed gas cylinders must never be dropped or struck or permitted to strike each other violently. Damage to the cylinder or its valves could result in disastrous jet propulsion of the cylinders and may result in major accidents/ fatalities. Compressed gas must be transported with the help of trolleys only. 19.8 Safe Handling of Hazardous Substances. 19.8.1. Hazardous substances must be handled by qualified personnel only. 19.8.2. Appropriate equipment must be used for handling/ moving hazardous substances. 19.8.3. Areas where hazardous substances are stowed or are being handled must be clear of all personnel not involved with the operation. Suitable hazard area markings are to be placed.19.8.4. All personnel handling such substances must don the correct PPE capable of withstanding the corrosive/ chemical effects of the substance. 19.9 19.8.5. Protocols/ procedures for handling leaks of hazardous substances must be in place and exercised regularly. Engineering Safety. This includes safety while operating electrical, mechanical, hydraulic, pneumatic, chemical, gravitational, thermal and radiation equipment/ systems. Some general guidelines for Engineering Safety are:- 19.9.1. All machinery/ equipment must have protective guards, especially around moving parts. 19.9.2. All systems must have clear operating instructions and must be operated only by qualified personnel donning the appropriate PPE. Personal operating machinery with moving parts must not wear loose fitting clothes. 19.9.3. All safety devices/ cut-outs of the equipment/ machinery should be functional to prevent inadvertent operation of the equipment. 19.9.4. Machinery/ equipment are not to be overloaded beyond their capacity. 19.9.5. Regular preventive and condition based maintenance is to be undertaken on systems/ equipment. 19.9.6. All equipment is to be thoroughly inspected before and after use. 19.9.7. No work is to be undertaken on a system when it is ‘live’. 19.9.8. All potential energy sources must be identified, isolated and energy released. 19.9.9. Tag system’ must be utilised for safe operation of electro-mechanical systems/ equipment. 19.9.10. Electrical works must comply with the Central Electricity Authority (Safety Requirements for Construction, Operation and Maintenance of Electrical Plants and Electric Lines) Regulations, 2011, Indian Electricity Act 2003 and Central Electricity Authority (Measures to Safety and Electrical Supply) Regulations, 2010. 19.9.11. No electrical installation works shall be carried out except by an electrical Contractor licensed by the State Government and under the direct supervision of a person holding a certificate of competency recognised by the State Government. 19.9.12. Domestic type power boards, double adaptors, 3 pin plug adapters and homemade power boards must not be used. All distribution boards and plug tops shall be of industrial type.19.9.13. All electrical DBs and switchboards shall be identifiable with Contractor’ s name displayed on it. 19.9.14. All electrical equipment/ tools being used are to be properly grounded/ earthed. 19.10 Safety while Working in Enclosed/ Confined Spaces. 19.10.1. Enclosed/ confined spaces are to be properly ventilated before commencement of any work. 19.10.2. Multi-gas analysers are to be utilised to confirm the absence of hazardous gases before personnel enter any confined space. 19.10.3. A diagrammatic layout of the enclosed/ confined space is to be available outside and is to be briefed to personnel entering. 19.10.4. The space is to be adequately illuminated. 19.10.5. Personnel entering the space are to work in buddy pairs and be in constant communication with a supervisor outside. 19.10.6. Adequate specialised PPE such as respirators/ breathing apparatus is to be available for use as required or in emergency 19.11 Safety in Explosion Hazard Areas. Fire hazard is a primary concern in explosion hazard areas. Towards this the following are to be adhered to:- 19.11.1. The explosion hazard area is to be classified based on the type of stability and form of the explosive material and is to be clearly demarcated. 19.11.2. All possible ignition sources within the area are to be identified and eliminated. 19.11.3. All personnel working in the explosion hazard area are to wear anti-static clothing and PPE. Static discharge rods/ pipes are to be provided at entry points to the area. 19.11.4. All lighting is to be hermetically enclosed/ sealed or non-arcing type lighting. 19.11.5. All electrical equipment in the area is to conform with IS 5571 (2009) : Guide for Selection and Installation of Electrical Equipment in Hazardous Areas 19.12 Good Housekeeping. Safety of operations depends largely on good house- keeping of the work areas. Towards this the following is to be ensured:-19.12.1. The layout of the work-site / work area is to be functional and efficient and conducive to facilitate order and cleanliness. 19.12.2. All movements areas (aisles, passageways, transport areas and exits must be clear of obstacles). 19.12.3. Special areas must be set aside for storage of materials, equipment/ machinery, tools, accessories. 19.12.4. Designated waste/ scrap/ debris collection areas are to be set up with ease of access to vehicles for clearing these. 19.12.5. Racks are to be set up for hand tools/ implements above work tables. 19.12.6. Floor covering materials as required for surface protection and cleaning are to be placed. 19.12.7. Suitable screens for limiting spread of dust/ soot/ hazardous fumes/ water must be positioned. 19.12.8. Drainage channels for waste water are to be created. 19.12.9. Special groups of personnel are to be nominated for day-to-day/ periodic cleaning, maintenance and repair of facilities. 19.12.10. Every worker is to be made responsible for cleaning his/ her own work place. 19.12.11. Supervisors are to be responsible for ensuring good house-keeping. 19.13 Advisory on Contractor Safety Audit and Management in MES Works 19.13.1. Annexure `B` of IAFW 2246, clauses 1 to 15 specific various aspects, tools & plants, harness to be worn by employees during construction work site. These should be implemented in true letter & spirit and ensured on ground by site supervisors and JEs. 19.13.2. Only contractors with demonstrated safety performance should be considered for award of contract. A stringent EHs measures should form a part of PRE-Bid qualification criteria. 19.13.3. Ground executives and user reps to carryout regular and surprise checks at site to ensure that all employees adhere to safety norms. 19.13.4. It shall be ensured that no Labourer is working alone in dangerous places/ high rise site without proper helmet harness and other safety eqpt. 19.13.5. Adequate light/ lighting arrangements must be made available at working site.19.13.6. The construction site must be cleaned daily and remain clutter free to prevent tripping. 19.13.7. Safety harness be made compulsory working above ground floor. 19.13.8. Use of proper safety sign on construction site and workers should be familiar with site safety tips. 19.13.9. Labourer to work in group or at least in buddy pairs. 19.13.10. Centralised practice/ demo of all labourers on adherence to safety precautions be carried out on ce a month.