GAIL (India) Limited (A Govt. Of India Undertaking) (A Maharatna Company) PATA PETROCHEMICAL PLANT, PATA, DIST. AURAIYA (U. P.)-206241 INDIA
TENDER FOR LIGHTNING PROTECTION ADEQUACY SURVEY FOR GAIL PATA, GAIL GAON AND CISF TOWNSHIP
TENDER NO: GAIL/PA18/79345/8000014140/419/PS
E-Tender No. 8000014140
DOMESTIC TENDER
DUE DATE & TIME FOR BID SUBMISSION: 07.12.2018 at 1500 HRS DUE DATE & TIME FOR BID OPENING : 07.12.2018 at 1600 HRS
Phone: +91-5683-230389 E-mail- [email protected] Fax: +91-5683-282446 Website: www.gailonline.com
GAIL (India) Limited (A Maharatna Public Sector Enterprise)
Ref.: GAIL/PA18/79345/8000014140/419/PS Dated: 21.11.2018
To, ______
Dear Sirs,
SUB: TENDER FOR LIGHTNING PROTECTION ADEQUACY SURVEY FOR GAIL PATA, GAIL GAON AND CISF TOWNSHIP
TENDER NO. : GAIL/PA18/79345/8000014140/419/PS
1.0 GAIL (India) Limited [having registered office at 16, Bhikaji Cama Plance, New Delhi 110066 CIN No. L40200DL1984GOI018976], the largest state-owned natural gas processing and distribution company and the youngest Maharatna, invites bids from bidders for the subject job/works, in complete accordance with the following details and enclosed Tender Documents.
2.0 The brief details of the tender are as under:
TENDER FOR LIGHTNING NAME OF WORK / BRIEF SCOPE OF PROTECTION ADEQUACY SURVEY WORK/JOB FOR GAIL PATA, GAIL GAON AND CISF TOWNSHIP TENDER NO. & DATE GAIL/PA18/79345/8000014140/419/PS DOMESTIC COMPETITIVE BIDDING TYPE OF BIDDING SYSTEM THROUGH TWO BID SYSTEM Limited Domestic Competitive Bidding. Bids to be submitted only through GAIL’s e- TYPE OF TENDER Procurement Portal (e-Portal)- https://etender.gail.co.in E-TENDER NO. 8000014140 BID SECURITY / EARNEST MONEY NOT APPLICABLE DEPOSIT (EMD) Date : 26.11.2018 DATE, TIME & VENUE OF PRE-BID Time : 1100 Hrs. IST MEETING C&P Dept., Polymer Bhawan, GAIL(India) Ltd. Pata
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Date : 07.12.2018 DUE DATE & TIME OF BID-SUBMISSION Time : 1500 Hrs. IST DATE AND TIME OF UN-PRICED BID Date : 07.12.2018 OPENING Time : 1600 Hrs. IST Name : Ms. Priyanka Sachdeva, Designation: Manager (C&P) CONTACT DETAILS Phone No. & Extn :056832-30389 E-mail : [email protected] Sh. Ashish Dadel, Dy. General Manager (C&P) ALTERNATE CONTACT PERSON(S) email: [email protected]; Ph: +91-5683-230381
If any of the days specified above happens to be a holiday in GAIL, the next working day shall be implied.
GAIL will appreciate submission of offer based on the terms and conditions in the enclosed Conditions of the Contract to avoid wastage of time and money in seeking clarifications on commercial aspects of the offer.
BID EVALUATION CRITERIA (BEC):
SL TECHNICAL BEC CRITERIA REQUIRED DOCUMENT(S) TO QUALIFY NO ELIGIBILITY CRITERIA 1.0 The bidder must have executed at Along with techno-commercial bid, the bidder least a single rate contract / single must submit proof of experience by providing work order as a main contractor for copies of work order along with its SOR & lighting protection survey of SCC/Scope of Work along with the proof of production plant/process experience i.e. execution certificate/completion plant/electrical generation certificate issued by the end user/owner/authorized plant/electrical substation valuing consultant/PMC. The proof of execution must not less than Rs. 3.42 Lacs in the contain the reference of work order no., preceding 07 years as on the due completed/executed value and actual date of date of bid opening. completion of work.
In case bidder is executing a contract which is still running and value of work completed till one day prior to due date of submission is equal or more than the requisite criteria of BEC, then such experience will also be taken into consideration provided that the bidder has submitted satisfactory work execution certificate to this effect issued by end user/owner/authorized consultant/PMC.
A Job completed by a bidder for its own plant/projects cannot be considered as experience 3
for the purpose of meeting BEC of the tender. However, jobs executed for subsidiary / Fellow subsidiary / Holding company will be considered as experience for the purpose of meeting BEC subject to submission of tax paid invoice (s) duly certified by Statutory Auditor of the bidder towards payments of statutory tax in support of the job executed for Subsidiary/Fellow subsidiary/ Holding company. Such bidders to submit these documents in addition to the documents specified to meet BEC.
Note : 1. For Start Up’s (as defined in Gazette Notification No. D.L-33004/99 dated 18.02.2016 and 23.05.2017 of Ministry of Commerce and Industry), the above criteria is not applicable subject to their meeting the quality and technical specifications specified in tender document. 2. For availing the relaxation, bidder is required to submit requisite certificate towards Startup enterprise registration issued by Department of Industrial Policy and Promotion, Ministry of Commerce and the certificate should be certified by the Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) and notary public with legible stamp.
EVALUATION & AWARD:
- Evaluation & Award shall be done on Overall L1 basis. (SOR A+SOR B).
This is a non-splitable contract.
- The input credit of GST (CGST & SGST/UTGST or IGST) [applicable for GAIL Pata SOR-A] shall be considered for evaluation of bids.
- In case any unregistered bidder is submitting their bid, their prices will be loaded with applicable GST (CGST & SGST/UTGST or IGST) during evaluation of bid. Where GAIL is entitled for input credit of GST (CGST & SGST/UTGST or IGST), the same will be considered during evaluation as per evaluation methodology of tender document.
- In case any cess on GST is applicable same shall also be considered in evaluation.
Public Procurement Policy for Micro & Small Enterprises shall be applicable (please refer Section – 5, Annexure – J).
[To avail above benefit, bidders who are not registered but falling under the category of Micro or Small Enterprises (i.e. categorised based on investment in Plant & Machinery for Manufacturers / Equipment’s for Service Providers) are
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advised to get themselves registered with Udyog Aadhar (website: http://udyogaadhar.gov.in ) ]
SUBMISSION OF BID:
Please refer SECTION – 2 Instructions to Bidders, ATTACHMENT – A, Instructions for Participation in e-tender.
In case of e-tendering, the following documents in addition to uploading in the bid on GAIL’s e- tendering website shall also be submitted in Original (in physical form) within 7 (seven) days from the bid due date provided the scanned copies of the same have been uploaded in e-tender by the bidder along with e-bid within the due date and time to the address mentioned in Tender document:- i) EMD/Bid Security (if applicable) ii) Power of Attorney iii) Integrity Pact (if applicable)
Any bidder, who meets the Bid Evaluation Criteria (BEC) and wishes to quote against this tender, may download the complete bidding document along with its amendment(s) if any from GAIL's website (http://gailtenders.in; https://etender.gail.co.in or http://tenders.gov.in) and submit their Bid complete in all respect as per terms & conditions of Tender Document on or before the due date of bid submission.
Offer(s) received from bidders to whom tender/information regarding tender has been issued as well as offers received from the bidder(s) by downloading tender document from GAIL’s web site shall be taken into consideration for evaluation & award provided that the bidders are found responsive.
Bids should be valid for 3 months from the bid due date. Bids received through Fax/E-mail will not be acceptable.
Bidder(s) are advised to quote strictly as per terms and conditions of the tender documents and not to stipulate any deviations/exceptions. Once quoted, the Bidder shall not make any subsequent price change, even if any deviation or exception may be specifically stated in the bid. Such price changes shall render the offer liable for rejection.
Any revision, clarification, addendum, corrigendum, time extension, etc. to the above tender will be hosted on the websites https://etender.gail.co.in and http://www.gailtenders.in only and no separate notification shall be issued. Bidders are requested to visit the website regularly to keep themselves updated.
GAIL reserves the right to accept or reject any or all tenders received at its absolute discretion without assigning any reason whatsoever.
GAIL Petrochemical Plant, Pata is situated near Dibiyapur, Dist. Auraiya (U.P.). As per best of GAIL’s knowledge, the following courier companies are having their offices in vicinity of Pata in addition to Indian Postal Department:
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DTDC COURIER AND FIRST FLIGHT CARGO LTD., DIBIYAPUR BRANCH AURAIYA BRANCH Khanpur Churaha, Maa Near Sahara India Ltd., Jap Bhavan Market, In front Ambey Auraiya Road, Dibiyapur. of HDFC Bank Ltd., Kanpur Lodge, Yamuna Road, Contact details: Road, Auraiya Contact Auraiya Mr. A K Tiwari, details: Contact details : Ph.9918486882 Mr. Ajay Singh, Ph. 9889818437 / 9548988908 Ph.9336587325 E-mail: E-mail: [email protected] [email protected]
The above list is indicative only and other couriers may also be operating from nearby places. Further, bidders are requested to verify the details from the websites of respective courier companies. GAIL shall not be responsible for any deficiency in the services by the above mentioned courier companies.
THIS IS NOT AN ORDER
For & on behalf of GAIL (India) Limited
(Authorized Signatory) (Priyanka Sachdeva) Manager (C&P) Phone No. & Extn :056832-30389 E-mail : [email protected]
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TABLE OF CONTENTS
SL. NO. DESCRIPTION
SECTION – 1 SCHEDULE OF RATES / PRICE SCHEDULE
SECTION - 2 INSTRUCTIONS TO BIDDER
SECTION - 3 GENERAL CONDITIONS OF CONTRACT
SECTION - 4 SCOPE OF WORK & SPECIAL CONDITIONS OF CONTRACT
SECTION – 5 ANNEXURES
A - BIDDER’S GENERAL INFORMATION B - BID FORM C – CONTRACT AGREEMENT FORM D - BRIEF SUMMARY OF AGREED TERMS & CONDITIONS E - PROFORMA OF LETTER OF AUTHORITY FOR ATTENDING THE BID OPENING AND SIGNING THE AGREEMENT F - DETAILS OF EXPERIENCE G - DECLARATION REGARDING HOLIDAY/BANNING AND LIQUIDATION, COURT RECEIVERSHIP H - DISCLAIMER I - PUBLIC PROCUREMENT POLICY FOR MICRO & SMALL ENTERPRISES (MSE) J - PROCEDURE FOR ACTION IN CASE OF CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES K - CERTIFICATIE FOR NON-INVOLVEMENT OF GOVT OF INDIA L- ACKNOWLEDGMENT CUM CONSENT LETTER M- UNDERTAKING N- POWER OF ATTORNEY
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SECTION I
ATTACHED SEPARATELY
SCHEDULE OF RATES (SOR) / PRICE SCHEDULE
[Note: Price schedule in MS Excel to be downloaded from e-tender portal under “Step 3: See Notes and Attachments Attachments/SOR”].
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SECTION - 2
Instructions to Bidders (ITB)
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Index
Article Title
1. Cost of Bidding 2. Bid Document 3. Clarification of tenders 4. Amendment of tenders 5. Language of Bid 6. Documents Comprising the Bids 7. Bid Form 8. Bid Price 9. Bid Currencies 10. Period of Validity of Bids 11. Format and Signing of Bid 12. Preparation and Submission of bids 13. Bid Due Date 14. Late Bids 15. Modification and Withdrawal of Bids 16. Opening of Bids by GAIL 17. Evaluation of bids 18. Opening of Price Bid 19. Comparison of Bids 20. Contacting GAIL 21. Award Criteria 22. GAIL’s Right to accept any Bid and to reject any or all Bids 23. Notification of Award 24. Acceptance of Order 25. Income Tax Liability 26. Agreement 27. Invoice & payment 28. Post order Correspondence 29. Instructions for Participation in e-tender (Attachment – A)
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2.1.0 ARTICLE - 1: COST OF BIDDING
2.1.1 The bidder shall bear all costs associated with the preparation and submission of the bid, and GAIL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.
2.2.0 ARTICLE - 2: BID DOCUMENT
2.2.1 The bidder is expected to examine all instructions, forms, terms and specifications in the bid document. The Invitation for Bids (IFB) together with all its attachments thereto, shall be considered to be read, understood and accepted by the bidders. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at bidder’s risk and may result in the rejection of his bid. Bidder must return the Agreed Terms and Conditions (as per Annexure - C), duly filled in, along with original TENDER issued by GAIL.
The services required, bidding procedure and Contract Terms are prescribed in the TENDER.
2.3.0 ARTICLE - 3: CLARIFICATION OF TENDER
2.3.1 A prospective bidder requiring any clarification of the Bidding Documents may notify GAIL in writing or over phone at GAIL’s mailing address indicated in the Invitation for Bids. GAIL will respond in writing to any request for clarification of the Bidding documents which it receives not later than 10 days prior to the deadline for the submission of bids prescribed by GAIL. Written copies of GAIL’s response (including an explanation of the query but without identifying the source of the query) will be sent to all prospective bidders who have received the bidding documents.
2.4.0 ARTICLE - 4: AMENDMENT OF BID DOCUMENT
2.4.1 At any time prior to the bid due date, GAIL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bidding documents.
Any revision, clarification, addendum, corrigendum, time extension, etc. to the above tender will be hosted on the websites https://etender.gail.co.in http://www.gailtenders.in only and no separate notification shall be issued. Bidders are requested to visit the website regularly to keep themselves updated.
2.4.2 In order to afford prospective bidders, reasonable time in which to take the amendment into account in preparing their bids, GAIL may, at its discretion, extend the bid due date.
2.5.0 ARTICLE - 5: LANGAUGE OF BID
2.5.1 The bid prepared by the bidder and all correspondence/drawings and documents relating to the bid exchanged by bidder and GAIL shall be written in English language, provided 11
that any printed literature furnished by the bidder may be written in another language so long as accompanied by an ENGLISH translation, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern. Metric measurement system shall be applied.
2.6.0 ARTICLE - 6: DOCUMENTS COMPRISING THE BIDS
2.6.1 The bid prepared by the bidder shall comprise the following components: a) A Bid Form and a Price Schedule completed in accordance with Articles 7, 8 & 9. b) Agreement, to be submitted along with the bid, in accordance with Article 26. c) Agreed Terms & Conditions duly filled-in. d) Details of the experience on works of similar nature executed during the last three years as per Annexure E e) Any other information/details required as per TENDER. f) Deleted. g) Power of Attorney in favour of the signatory to the bid.
2.7.0 ARTICLE - 7: BID FORM
2.7.1 The bidders shall complete the Bid Form and the appropriate Price Schedule furnished in the TENDER, indicating the scope of work, a brief description of the services and prices.
2.8.0 ARTICLE - 8: BID PRICE
2.8.1 The bidder shall quote the prices in the price schedule attached to this TENDER.
2.8.2 Prices shall be quoted, in the prescribed Price Schedule by the bidder separately for each item of scope and in strict compliance to the format of the Price Schedule.
2.8.3 Prices quoted should be inclusive of fees towards complete scope of work, all taxes, duties, levies, license fees, service tax and also payment towards third party charges towards surveys etc. However, applicable rate of statutory taxes & duties must be indicated separately.
2.8.4 Inspection/Certification of all work/services at all stages shall be done by GAIL wherever GAIL so desires or by any third agency for which no extra charges shall be payable to the Bidder since all personal and incidental expenses of GAIL’s Inspectors shall be borne by GAIL.
2.8.5 Conditional discount, if offered, shall not be considered for evaluation. Bidders separation of the price components as aforesaid will be solely for the purpose of facilitating the comparison of bids by GAIL and will not in any way limit GAIL’s right to contract on any of the price basis/terms offered basis.
2.8.6 The cost of any other item / services, which are considered necessary for completion of the job, is deemed to have been included in the lump-sum prices.
2.8.7.0 Fixed Price
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2.8.7.1 Prices quoted by the bidder shall be firm and fixed during the bidder’s performance of the contract. A bid submitted with an adjustable price quotation will be treated as non- responsive and rejected.
2.8.7.2 Statutory variation in taxes (CST, LST, WCT, withholding tax, service tax etc.) and duties, if any, within the contractual completion period shall be borne by GAIL. No variation in taxes duties or levies other than statutory taxes & duties shall be payable.
2.8.7.3 Prices shall be written both in words and figures. In the event of difference, the price in words shall be valid and binding.
2.8.7.4 Bidder shall be solely responsible for ascertaining all types of taxes and duties applicable for providing the services as mentioned in the scope of work. GAIL shall deduct Indian income tax applicable from the payments due to the bidder under the contract
2.8.7.5 Quoted prices shall also be inclusive of all costs towards carrying out any surveys, travel, site visits by its personnel, stay, boarding, lodging, incidental expenses etc. required for Scope of Work.
2.9.0 ARTICLE- 9: BID CURRENCIES
2.9.1 NA
2.9.2 The Expenditures incurred relating to this Contract shall be quoted in and be payable in Indian Rupees only.
2.10.0 ARTICLE - 10: PERIOD OF VALIDITY OF BIDS
2.10.1 Bids shall be kept valid for 1 month from the final bid due date. A bid valid for a shorter period shall be rejected by GAIL as non-responsive.
The bidder shall not be entitled during the said period of 1 month, to revoke or cancel its Bid or to vary the Bid given or any term thereof.
2.10.2 Notwithstanding Clause 2.10.1 above, GAIL may solicit the bidders’ consent to an extension of the period of bid validity. The request and the responses thereto shall be made in writing by fax or e-mail.
2.11.0 ARTICLE - 11: FORMAT AND SIGNING OF BID
2.11.1 The bidder shall prepare required number of copies of the bid, clearly marking each “Original Bid” and “Copy of Bid” as appropriate. In the event of any discrepancy between them, the original shall govern.
2.11.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by the bidder or a person duly authorized to bind the bidder to the Contract. The name and position held by each person signing, must be typed or printed below the signature. All pages of the bid, except for un-amended printed literature, shall be initialed by the person or persons signing the bid. 13
2.11.3 The complete bid shall be without alterations, interlineations or erasures, except necessary to correct errors made by the bidder, in which case such corrections shall be initialed by the person or persons signing the bid.
2.12.0 ARTICLE - 12: PREPARATION & SUBMISSION OF BIDS
2.12.1 Documents mentioned in the TENDER shall be submitted along with the bid by the Bidders.
2.12.2 Addenda/Corrigenda to this TENDER, if issued, must be signed and submitted along with the TENDER.
2.12.3 Bidders are advised to submit quotations based strictly on the terms & conditions and specifications contained in the TENDER and not to stipulate any deviations.
2.12.4 Each bidder shall submit only one bid. A bidder who submits more than one bid will be rejected. Alternative bids will not be accepted.
2.12.5 Bid shall be submitted in the following manner separately as below :
(For submission of bids specified under e-tender mode, please refer Attachment A, Addendum to Instructions to Bidders). Manual bids in this case shall not be accepted.
12.5.1 PART-A:
This is the “Techno-Commercial Bid”. All the technical details of the project shall be given in this part of the offer.
The details submitted, shall include but not be limited to the following:
1. Bidder’s Profile 2. Power of Attorney for the authorized signatories 3. Work Scheduling and Staffing with Phasing of Activities, Timelines and Milestones with detailed bar charts including details of measurable milestones 4. Commercial Terms and Conditions 5. Details of Bidders’ infrastructure in India as well as internationally. 6. Details of local support office in India, if any. 7. Summary of Experience as per format in Annexure F. 8. Profile of consulting resources, whom CONSULTANT plans to associate with GAIL’s project, shall be made available to GAIL. 9. Stamped and signed copy of GAIL TENDER. 10. Declaration that Bidder has not been banned/ de-listed. 11. Bidder’s testimonials. 12. Information/Documents/Certificates related to Bid Evaluation Criteria. 13. Any other document as may be required to substantiate the suitability of Bidder / CONSULTANT for GAIL.
12.5.2 PART-B: 14
12.5.2.1 Part-B : Priced Bid shall be submitted with FULL PRICE DETAILS
Priced Bid shall contain only the prices duly filled in as per the format given in Schedule of Rates given in the TENDER. Price bid should not have any Commercial and/or Technical stipulation in addition to, what is already given in Part A – Un-priced bid.
2.13.0 ARTICLE - 13: BID DUE DATE
2.13.1 Bids must be received at the address specified in the Invitation for Bids (IFB) not later than the date and time specified in the TENDER.
2.13.2 GAIL may, at its discretion, on giving reasonable notice by written communication to all prospective bidders who have been issued the TENDERs, extend the bid due date, in which case all rights and obligations of GAIL and the bidders, previously subject to the bid due date, shall thereafter be subject to the new bid due date as extended.
2.14.0 ARTICLE - 14: LATE BIDS
2.14.1 Any bid received by GAIL after the bid due date and time prescribed in Invitation For Bids shall be rejected.
2.14.2 Telegraphic/Fax/E-mail offers whether sent directly or submitted by local agent will not be considered and shall be rejected.
2.15.0 ARTICLE - 15: MODIFICATION AND WITHDRAWAL OF BIDS
2.15.1 The bidder may modify or withdraw his bid after the bid submission, provided that the modification/withdrawal notice is received by the GAIL prior to the bid due date & time.
The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions of Article 12.6. A withdrawal notice may also be sent by e-mail but must be followed by a signed confirmation copy dated not later than the deadline for submission of Bids.
2.15.2 Subject to Article-2.17.4, no bid shall be modified subsequent to the deadline for submission of bids.
2.15.3 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder on the Bid Form.
2.15.4 In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any mistake committed by him in bidding or withdrawal of bid or varying any term in regard thereof leading to re-tendering , such bidders shall be debarred from participation in re-tendering of the same job(s)/items(s).
2.16.0 ARTICLE - 16: OPENING OF BIDS BY GAIL
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2.16.1 The bids will be opened by the GAIL at their office at Corporate Miller, 2nd floor, 332/1, Thimmiah Road, Off. Queens Road, Vasantnagar, Bangalore - 560052 in the presence of bidders’ representatives (duly authorized by a competent person and having the Letter of Authority as per Performa), who choose to attend, on date, time and venue as mentioned in the Invitation For Bids (IFB).
2.16.2 The bidder(s) names, modifications, bid withdrawals and such other details as GAIL, at its discretion, may consider appropriate will be announced at the opening & recorded at the time of opening of bid.
2.17.0 ARTICLE - 17: EVALUATION OF BIDS
2.17.1 GAIL will examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed and whether the bids are generally in order.
2.17.2 Once quoted, bidder shall not make any subsequent price changes, whether resulting or arising out of any technical/commercial clarifications sought regarding the bid within the scope of work, even if any deviation or exclusion may be specifically stated in the bid. Such price change shall render the bid liable for rejection. All responses to request for clarifications shall be in writing.
2.17.3 Unsolicited clarification to the Bid and/or change in price during its validity period would render the Bid liable for outright rejection.
2.17.4 TECHNO-COMMERCIAL EVALUATION OF BIDS
2.17.4.1 Bids will be evaluated as received and no query will be asked from the bidders. To assist in the examination, evaluation and comparison of bids if it becomes absolutely necessary, GAIL may, at its discretion, ask the bidder for a clarification of its bid. The request for such clarification and the response shall be in writing and no change in the price or substance of bids shall be sought, offered or permitted.
2.17.4.2 Prior to the evaluation and comparison of bids pursuant to Article-19, GAIL will determine the substantial responsiveness of each bid to the bidding documents. For purpose of this Article a substantially responsive bid is one which conforms to all the terms and conditions of the bidding document without material deviations or reservations. GAIL’s determination of a bid’s responsiveness is to be based on the contents of the bid itself without recourse to the extrinsic evidence.
2.17.4.3 A bid determined as substantially non-responsive will be rejected by GAIL and may not subsequently be allowed by GAIL to be made responsive. Bidder’s Bid shall be considered non-responsive and rejected, if deviations are taken to the under mentioned provisions of TENDERs by the Bidder:-
i) Period of validity of bids ii) Force Majeure iii) Resolution of Dispute/Arbitration iv) Firm Price. v) Completion Period of total scope of work 16
vi) Termination of Contract vii) Price Reduction Schedule viii) Payment Terms as specified in the TENDER. ix) Any advance sought by the bidder.
2.17.4.5 Bids not confirming to technical specification/requirements (Scope of work) as mentioned in TENDER will be rejected.
2.17.4.6 Conditional Bids will be liable for rejection.
2.18.0 ARTICLE - 18:
The price bids of the substantially responsive bidders will be opened in public. The price bids of those bidders determined to be not substantially responsive will be rejected.
2.19.0 ARTICLE - 19: COMPARISON OF BIDS 2.19.1 The GAIL will evaluate and compare bids previously determined to be substantially responsive pursuant to Article-2.17.
2.19.2 Arithmetical errors will be rectified on the following basis: -
If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity the unit price shall prevail and the total price will be corrected. If there is a discrepancy between the total amount and the sum of total prices, the sum of the total prices shall prevail and the total bid amount will be corrected.
2.19.3 Deleted
2.19.4 The evaluated price of the bidders shall include total price inclusive of all taxes, duties, levies etc. as applicable under this contract.
2.19.5 Purchase preference to Central Government / Public Sector Undertakings/MSME’s shall be allowed as per Government instructions in vogue.
2.19.6 Comparison of Bids will be on the basis of overall lowest cost to GAIL for all the items clubbed together.
2.20.0 ARTICLE - 20: CONTACTING GAIL 2.20.1 Subject to Article 2.17.2, 2.17.3 & 2.17.4.2 no Bidder shall contact GAIL on any matter relating to its Bid, from the time of Bid opening to the time the CONTRACT is awarded.
2.20.2 Any efforts by a bidder to influence GAIL in GAIL’s bid evaluation, bid comparison or contract award decisions may result in the rejection of the bidder’s bid.
2.21.0 ARTICLE - 21: AWARD CRITERIA
GAIL will award the contract to the successful Bidder whose Bid has been determined to be the lowest evaluated, responsive Bid, provided further that the Bidder is determined to be qualified to satisfactorily perform the contract.
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2.22.0 ARTICLE – 22: GAIL’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
2.22.1 GAIL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or; any obligations to inform the affected bidder or bidders of the ground for the GAIL’S action.
2.22.2 In awarding the CONTRACT for the SERVICES, GAIL reserves the right to make the award based on evaluation criteria to one or more Bidders.
2.23.0 ARTICLE - 23: NOTIFICATION OF AWARD
2.23.1 Prior to the expiration of period of bid validity GAIL will notify the successful bidder in writing or by fax, e-mail or telex to be confirmed in writing, that his bid has been accepted. The Notification of Award will constitute the formation of the Contract with the issuance of Fax of Intent (FOI).
2.23.2 Completion Period shall be counted from the date of Fax of Intent. The notification of award will constitute the formation of a Contract, until the Contract has been affected pursuant to Article - 24.
2.24.0 ARTICLE - 24: ACCEPTANCE OF ORDER
2.24.1 After the successful Bidder has been notified that his Bid has been accepted, GAIL will send to such bidder a Letter of Acceptance (LOA) incorporating the terms and conditions agreed between the parties.
2.24.2 GAIL will send the LOA to the successful bidder, who, within 7 days of receipt of the same, shall sign and return it to GAIL, in token of acceptance of the contract.
2.25.0 ARTICLE-25: INCOME TAX LIABILITY
The bidder will have to bear all income tax liability, both Corporate as well as for their personnel, pursuant to award of contract against this tender.
2.26.0 ARTICLE-26: AGREEMENT TO BE FILLED, DULY SIGNED AND SUBMITTED ALONGWITH THE THE BID
It is expressly understood and agreed by and between ...... (the Company) and GAIL (India) Limited, (Indian Public Sector Undertaking) that GAIL (India) Ltd., is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that GAIL (India) Limited is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable Laws of India and general principles of Contract Law. The ...... (Company) expressly agrees, acknowledges and understands that GAIL (India) Ltd. is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. 18
Accordingly...... (Company) hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue to Government of India as to any manner, claim, cause of action or thing whatsoever arising of or under this agreement.
2.27.0 ARTICLE-27: INVOICE AND PAYMENT
GAIL (India) Limited has initiated payments to Suppliers and Contractors electronically, and to facilitate the payments electronically through 'e-banking'. The successful bidder should give the details of his bank account as per the bank mandate form. . The invoices must be addressed to : Executive-In-Charge (EIC), M/s. GAIL (India) Limited PATA PETROCHEMICAL PLANT, PATA, DIST. AURAIYA (U. P.)-206241 INDIA
All post order correspondence should be addressed to Engineer-In-Charge/Executive-in- Charge mentioned in the FOA/LOA.
2.28.0 GAIL’S BANKERS
GAIL’s Bankers are:
a. STATE BANK OF INDIA b. HDFC BANK c. ICICI BANK
2.29.0 PRE-BID MEETING
2.29.1 The bidder or his authorized representative(s) is advised to attend pre-bid meeting as per details given in Tender document. The purpose of the meeting will be to clarify issue and to answer questions on any matter that may be raised at that stage by the bidders including site visits.
2.29.2 The bidder is requested to submit any queries/clarification/information pertaining to Tender document in writing delivered by hand or by fax and through e-mail as per Annexure-J of this tender document so as to reach at least 2 days prior to date of pre-bid meeting.
2.29.3 GAIL's response including an explanation of the query, but without identifying the source of the query will be uploaded on GAIL’s tendering web site [https://etender.gail.co.in; http://gailtenders.in and Government Website] / communicated to prospective bidders by e- mail/ fax.
2.29.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification of Bidder.
2.30.0 ORDER OF PRECEDENCE
The Articles contained in this Section shall supplement to the Scope of Work and terms & conditions of contract, General Conditions of Contract. Where any portion of Scope of Works and terms & conditions of contract and General Conditions of Contract is repugnant or at variance with any provisions of Instructions to Bidders, Instructions to Bidders shall be deemed to over-ride the 19
provision(s) of scope of work and terms & conditions of contract, and General Conditions of Contract only to the extent that such repugnancies of variations in Instructions to Bidders are not possible of being reconciled with the provisions of scope of work and terms & conditions of contract, General Conditions of Contract.
2.31.0 DISPUTE RESOLUTION
Clause no. 3.9 of General conditions of Contract (GCC) have been modified to the extent that the following provision “Dispute Resolution Clause” shall be part of said clause:
2.31.1 GAIL (India) limited has framed the Conciliation Rules 2010 in conformity with supplementary to Part –III of the Indian Arbitration and Conciliation Act 1996 for speedier cost effective and amicable settlement of dispute through conciliation. A copy of the said rules made available on GAIL’s website www.gailonline.com for reference. Unless otherwise specified, the matter where decision of the Engineer-in-Charges is deemed to be final and binding as provided in the agreement and the issues/ disputes which cannot be mutually resolved with a reasonable time, all disputes shall be settled in accordance with the Conciliation Rules 2010.
2.31.2 Any dispute(s)/ difference(s)/issue(s) of any kind whatsoever between/ amongst the Parties arising under/ out of/ in connection with this agreement shall be settled in accordance with the aforesaid rules.
2.31.3 In case of any dispute(s)/ difference(s)/issue(s), as mentioned above, a Party shall notify the other party(ies) in writing about such a dispute(s)/ difference(s)/issue(s) between/ amongst the Parties and that such a Party wishes to refer the dispute(s)/ difference(s)/issue(s) to Conciliation. Such Invitation for Conciliation shall contain sufficient information as to the dispute(s)/ difference(s)/issue(s) to enable the other Party(ies) to be fully informed as to the nature of the dispute(s)/ difference(s)/issue(s), the amount of monetary claim, if any, and apparent cause(s) of action.
2.31.4 Conciliation proceedings commence when the other Party (ies) accept(s) the invitation to conciliate and confirmed in writing. If the other Party (ies) reject(s) the invitation, there will be no conciliation proceedings.
2.31.5 If the Party initiating conciliation does not receive a reply within thirty days from the date on which he/she sends the invitation, or within such other period of time as specified in the invitation, he/she may elect to treat this as a rejection of the invitation to conciliate. If he/ she so elects, he/she shall inform to other Party(ies) accordingly.
2.31.6 Where Invitation for Conciliation has been furnished, the Parties shall attempt to settle such dispute(s) amicably under Part-III of the Indian arbitration and Conciliation Act, 1996 and GAIL (India) Limited Conciliation Rules, 2010. It would be only after exhausting the option of Conciliation as an Alternate Dispute Resolution Mechanism that the Parties hereto shall go for Arbitration as per the provisions of arbitration clause. For the purpose of this Article, the option of ‘Conciliation’ shall be deemed to have been exhausted, even in case of rejection of ‘Conciliation’ by any of the Parties.
2.31.7 The cost of Conciliation proceeding including but not limited to fees for Conciliator(s), Airfare, Local Transport, Accommodation, cost towards conference facility etc. shall be borne by the Parties equally.
2.31.8 The Parties shall freeze claims (s) of interest, if any, and shall not claim the same during pendency of Conciliation proceedings. The Settlement Agreement, as and when reached/ agreed upon, shall be signed between the Parties and Conciliation proceeding shall stand terminated on the date of the Settlement Agreement 20
2.31.9 SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT DEPARTMENT, AND PUBLIC ENTERPRISE
In the event of any dispute or difference relating to the interpretation and application of the provisions of the Contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitrator under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.
2.32.0 CONFLICT OF INTEREST
2.32.1 The consultant shall not receive any remuneration in connection with the assignment except as provided in the contract. The consultant and its affiliates shall not engage in consulting or other activities that conflict with the interest of the employer under the contract.
2.32.2 GAIL policy requires that consultants provide professional, objective, and impartial advice and at all times hold the client’s interests paramount, without any consideration for future work, and that in providing advice they avoid conflicts with other assignments and their own corporate interests. Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interest of GAIL. Without limitation on the generality of the foregoing, consultants shall not be hired under the circumstances set forth below: a. Conflict between consulting activities and procurement of goods, works or services (other than consulting services covered by these Guidelines): A firm that has been engaged by GAIL to provide goods, works, or services (other than consulting services covered by these Guidelines) for a project, and each of its affiliates, shall be disqualified from providing consulting services related to those goods, works or services for the Project. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and each of its affiliates, shall be disqualified from subsequently providing goods, works or services (other than consulting services covered by these Guidelines) resulting from or directly related to the firm’s consulting services for such preparation or implementation. b. Conflict among consulting assignments: Neither consultants (including their personnel and sub-consultants) nor any of their affiliates shall be hired for any assignment that, by its nature, may be in conflict with another assignment of the consultants. As an example, consultants hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and consultants assisting a client in the privatization of public assets shall neither purchase, nor advise purchasers of, such assets. Similarly, consultants hired to prepare Terms of Reference (TOR) for an assignment shall not be hired for the assignment in question. c. Relationship with Employer’s staff: Consultants (including their personnel and sub- consultants) that have a business or family relationship with a member of the Employer’s staff (or of the project implementing agency’s staff) who are directly or indirectly involved in any part of: (i) the preparation of the TOR of the contract (ii) the selection process for
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such contract or (iii) supervision of such contract may not be awarded a contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Employer throughout the selection process and the execution of the contract. d. A Consultant, who prepares Detailed Feasibility Report (DFR) of a Project is not debarred from participating as Project Management Consultant (PMC) for the same Project as both are services in nature. If a Consultant is engaged for preparation of TOR of an assignment, such Consultant shall not be allowed to participate in bidding process of the assignment in question. e. A Consultant, who has been appointed by GAIL to assist in a bidding process where GAIL is a bidder, should not be a Consultant to any other prospective bidder(s) for the same assignment. Similarly, a Consultant appointed by any competitor of GAIL in a bidding process shall not be qualified in GAIL’s tender for the same assignment.
2.32.3 Consultants have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of their Client, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant or the termination of its Contract.
2.32.4 No agency or current employees of the Client shall work as Consultants under their own ministries, departments or agencies. Recruiting former government employees of the Client to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists. When the Consultant nominates any government employee as Personnel in their technical proposal, such Personnel must have written certification from their government or employer confirming that they are on leave without pay from their official position and allowed to work full-time outside of their previous official position. Such certification shall be provided to the Client by the Consultant as part of his technical proposal.
2.32.5 Unfair Advantage: Fairness and transparency in the selection process require that consultants or their affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, the Employer shall make available to all the short-listed consultants together with the request for proposals all information that would in that respect give a Consultant a competitive advantage.
2.33.0 PROFESSIONAL LIABILITY
The consultant is expected to carry out its assignment with due diligence and in accordance with prevailing standards of the profession.
2.34.0 CORRUPT OR FRAUDULENT PRACTICES AND PERFORMANCE EVALUATION OF VENDORS:
2.34.1 Refer ANNEXURE-N for detailed Procedure for Action in Case of Corrupt /Fraudulent/ Collusive/ Coercive Practices.
2.34.2 Bidders/Consultants shall refer to Fraud Prevention Policy of GAIL (available on GAIL’s website/ gailonline.com) and shall be required to ensure that they would adhere to the same and shall not indulge themselves or allow others (working in GAIL) to indulge in fraudulent activities and that they would immediately apprise the organization of the fraud/suspected fraud as soon as it comes to their notice.
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2.34.3 NON-APPLICABILITY OF ARBITRATION CLAUSE IN CASE OF BANNING OF VENDORS/ SUPPLIERS / CONTRACTORS/BIDDERS/ CONSULTANTS INDULGED IN FRAUDULENT/ COERCIVE PRACTICES
Notwithstanding anything contained contrary in GCC and other "CONTRACT DOCUMENTS", in case it is found that the Vendors/ Suppliers / Contractors/Bidders/ Consultants indulged in fraudulent/ coercive practices at the time of bidding, during execution of the contract etc., and/or on other grounds as mentioned in GAIL’s “Procedure for action in case Corrupt/Fraudulent/Collusive/Coercive Practices” (Annexure-N), the contractor/bidder shall be banned (in terms of aforesaid procedure) from the date of issuance of such order by GAIL (India) Ltd., to such Vendors/ Suppliers / Contractors/Bidders/ Consultants.
The Vendor/ Supplier / Contractor/ Bidder/Consultant understands and agrees that in such cases where Vendor/ Supplier / Contractor/ Bidder/Consultant has been banned (in terms of aforesaid procedure) from the date of issuance of such order by GAIL (India) Limited, such decision of GAIL (India) Limited shall be final and binding on such Vendor/ Supplier / Contractor/ Bidder/Consultant and the ‘Arbitration clause’ in the GCC and other "CONTRACT DOCUMENTS" shall not be applicable for any consequential issue /dispute arising in the matter.
2.34.4 Refer ANNEXURE-O for Procedure for Evaluation of Performance of Vendors/ Suppliers/Contractors/Consultants.
2.35.0 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES (MSEs) [Not Applicable]
2.36.0 CONFIDENTIALITY
Information relating to the examination, clarification, evaluation, and comparison of Bids, and recommendations for the award of a Contract, shall not be disclosed to Bidders or any other persons not officially concerned with such process. Any effort by a Bidder to influence the GAIL's processing of Bids or award decisions may result in the rejection of the Bidder's Bid and action shall be initiated as per procedure in this regard.
2.37.0 MENTIONING OF PAN NO. IN INVOICE/BILL
As per CBDT Notification No. 95/2015 dated 30.12.2015, mentioning of PAN no. is mandatory for procurement of goods / services/works/consultancy services exceeding Rs. 2 Lacs per transaction.
Accordingly, supplier/ contractor/ service provider/ consultant should mention their PAN no. in their invoice/ bill for any transaction exceeding Rs. 2 lakhs. As provided in the notification, in case supplier/ contractor/ service provider/ consultant do not have PAN no., they have to submit declaration in Form 60 along with invoice/ bill for each transaction.
Payment of supplier/ contractor / service provider/ consultant shall be processed only after fulfillment of above requirement
2.38.0 PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS
To promote cashless transactions, the onward payments by Contractors to their employees, service providers, sub-contractors and suppliers may be made through Cards and Digital means to the extent possible.
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2.39.0 CONSULTANT TO ENGAGE CONTRACT MANPOWER BELONGING TO SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY
While engaging the contractual manpower, Consultants are required to make efforts to provide opportunity of employment to the people belonging to Scheduled Castes and weaker sections of the society also in order to have a fair representation of these sections.
2.40.0 QUARTERLY CLOSURE OF THE CONTRACT
During execution of contracts/orders, various issues may arise. In order to timely detect and to address the contractual issue (s) during the execution of contracts, GAIL has introduced a mechanism of quarterly closure of the contract, under which all the issues related to the contract execution will be monitored on quarterly basis for resolution.
Vendors/Contractors are required to co-operate with EIC for proper implementation of this mechanism for smooth execution of the contract.
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ATTACHMENT - A ADDENDUM TO INSTRUCTIONS TO BIDDERS (INSTRUCTIONS FOR PARTICIPATION IN E-TENDER)
1. General
This section contains detailed instructions regarding bid submission procedure under GAIL’s e-tendering system (e-tender portal). Bidders are required to read the following instructions in addition to various instructions mentioned elsewhere in the bid document for e-tendering, Ready Reckoner and FAQs etc. The instructions mentioned herein related to bid submission procedure shall supersede and shall prevail over the conditions enumerated elsewhere in the bid/tender document.
Bidders who wish to participate in e-tenders must download ‘Ready Reckoner for bidders’ which contains instructions in respect of e-Tendering essentially covering security settings required for bidder’s PC / Laptop, uploading and checking the status of digital signature in the bidder’s PC / Laptop, obtaining unique login ID and password, re-setting the password, downloading of Tender document and uploading of Offer/Bid etc.
Further, the troubleshooting issues are also available in the form of FAQs which can be downloaded from E-Tender Portal.
2. About E-Tender Portal (Web)
GAIL (India) Ltd. has developed a secured and user friendly e-tender system enabling bidders to Search, View, Download tender document(s) directly from the portal https://etender.gail.co.in (referred hereunder as “E-Tender Portal”) and also enables the bidders to participate and submit online prices directly in the e-tender portal or uploading of SOR/Price Schedule (Price Bid) in note and attachment folder, as applicable, and technical bids in secured and transparent manner maintaining absolute confidentiality and security throughout the tender evaluation process and award.
3. Pre-requisite for participation in bidding process
The following are the pre-requisite for participation in e-Tendering Process:
3.1 PC/Laptop with Windows OS, Internet Explorer
Bidder must possess a PC / Laptop with Windows 7 professional operating system and Internet Explorer 8 or 9 for hassle free bidding. Bidder is essentially required to effect the security settings as defined in step-by-steps with screen shots in the document named “Ready Reckoner for Bidders” for e-tendering available on GAIL’s e-Tender Portal and can be downloaded without logging in. 3.2 Internet Broadband Connectivity
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The Bidder must have a high speed internet connectivity (preferably Broadband) to access GAIL’s e-Tender Portal for downloading the Tender document and uploading/submitting the Bids.
3.3 A valid e-mail Id of the Organization/Firm
Bidder must possess an e-mail Id, preferably of the Organisation (in case of a company)/Individual (in case of proprietorship concern)/Partner having Power of Attorney (in case of a partnership firm) to create login Id. The e-mail Id should not be changed frequently. All communication related to e-tendering including system generated mails shall be sent on this e-mail Id only. The communication to bidder is fully automated through the system and hence email-id of bidder is very important for online communication with bidder during various stages of tendering process and should be preferably common e-mail Id of the Organisation.
3.4 User ID and Password for new Bidder(s)
To participate in the bidding process, it is mandatory on the part of bidder(s) to have user Id and password. Without user Id (Login Id), bidders cannot participate in e- tender. There will be single login Id for a bidder/vendor code. A bidder having offices/establishments at different address at same city or at different cities shall have different vendor codes and accordingly, different user Ids as a particular user Id is linked to a particular vendor code.
To obtain User Id and Password Vendor/Bidder must visit https://etender.gail.co.in site and perform the following steps:
i) Click on button Request User Id (For new Bidders)
ii) Fill the on line self-registration form and submit. Ensure that the e-mail address given in the form is valid and active. If you have already been provided with the Vendor code of GAIL, please mention the 10 digit Vendor code in the specified field, otherwise leave blank.
iii) Ensure that all the mandatory fields (identified with a * mark) are filled in the self- registration form for User Id creation.
GAIL’s system administrator would take possible care to allot User Id and password within 3-4 working days. User Id and password will be communicated through system auto-generated e-mail as mentioned in the self-registration form. On receipt of User Id and password, please reset the password immediately by logging into GAIL’s E- tendering site.
User Id and password is unique for each vendor and the vendor can use the same to view/download/participate in all e-tenders of GAIL.
In their own interest, Bidder(s) are advised to apply for User Id immediately on publishing of tender or well in advance of the bid due date. User Id shall normally be 26
issued within 3-4 working days provided complete information has been furnished by the bidder in self-registration form. GAIL shall not be responsible for any delays in allocation of User Id/password and the ensuing consequences including but not limited to timely submission of bids.
3.5 Procedure for change of E-mail Id of the Bidder
The e-mail-id of the bidder/Vendor Code is captured and registered in GAIL’s system when a bidder submits his request for user-id / password.
In case bidder desires for change in the registered e-mail id in GAIL’s system, the under mentioned steps may be followed:-
Note the name, designation, e-mail id etc of the dealing officer from the tender document or from the “Contact Us” link available on the logon page of GAIL’s e - tender portal.
Request for change in the registered e-mail id may be sent to the dealing officer on the company’s letter head through post/ courier/e-mail. Bidder is also requested to mention his vendor code / user Id in the letter.
3.6 About Digital Signature
(I) What is a Digital Signature?
This is a unique digital code which can be transmitted electronically and primarily identifies a unique sender. The objective of digital signature is to guarantee that the individual sending the message is who he or she really claims to be just like the written signature. The Controller of Certifying Authorities of India (CCA) has authorized certain Certifying Authorities (CA) to issue Digital Certificates. Digitally signed documents are legally valid as per the Indian IT Act 2000.
One Digital Certificate is valid for a specified period and can be used for digitally signing any number of documents.
(a) In case of Proprietorship/Partnership
Both i.e. (i) Class 3 Digital Signatures issued to authorized individuals on their KYC basis and (ii) Class 3b Digital Signatures issued to authorized individuals with their organization KYC basis are acceptable.
(b) In case of Firm/ Company
Only Class 3b Digital Signature is acceptable where individuals are using their digital signatures on behalf of the Organization and digital Signature should be in the name of authorized signatory who has signed the bid on behalf of bidder. 27
Bidder can submit only digitally signed documents/bids/offers, in GAIL’s e- tender portal.
(II) Why Digital Signature is required?
In order to bid for GAIL e-tenders bidders are required to obtain a legally valid Digital Certificate as per Indian IT Act 2000 from the licensed Certifying Authorities (CA) operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India.
(III) How to obtain Digital Signatures from Certifying Authority (CA)?
Valid Digital Certificate can be obtained from Certifying Agency (C.A). Information about CA’s can be obtained through CCA India website (http://www.cca.gov.in).
Digital Signatures can be obtained using following steps:
a) Visit the site of the licensed CA* using internet browser. b) Apply for a class 3b or class 3(as applicable) Digital Certificate with encryption/decryption facility. c) Follow the instructions on the CA’s website for submission of requisite documents for issue of the Digital Certificate and making payment.
*Links to some of the licensed CA's are provided below 1. http://www.ncodesolutions.com 2. http://www.sifycorp.com 3. http://www.tcs-ca.tcs.co.in 4. http://www.e-mudhra.com 5. http://www.nicca.nic.in 6. www.idrbtca.org.in Note: The Digital signatures should be obtained directly from certifying authority (CA). Digital signature taken from Sub CA will not be acceptable in the e-tendering system. GAIL/Owner reserves the right to verify the Authenticity of above digital signatures after bid opening and in case the digital signature is not authorized / valid, the bid will be rejected. Bidder shall be responsible for ensuring the validity of digital signatures and proper usage of the same.
4. How to submit On-line Bids/Offers electronically against E-tenders?
Bidders who wish to participate against e-tenders uploaded on GAIL’s e-tender website (https://etender.gail.co.in) (e-tender portal) should follow the steps mentioned in the “Ready Reckoner for Bidders for e-tendering” available on GAIL’s e-tender portal which shall guide them to Search, Display/View, Download and Submit electronic Bids/Offers online in a secured manner ensuring confidentiality.
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5. How to search, view and download e-tender?
Bidders must go to e-tender website https://etender.gail.co.in and logon using their user- Id and password. In case bidders do not have the User Id and Password, they can access the e-tender as guest which does not require any user Id & Password. This facilitates viewing of tenders in display mode in Collaboration folder (C Folder). The bidder can also download the tender.
6. Bidders are advised to ensure that their bids are uploaded in e-Tender system well before the closing date and time of bid submission by pressing “Submit” button. It has been seen that bidder who try to upload his bid at the last moment often failed because of last minute unforeseen reasons. Therefore, bidders are requested to upload & submit all documents (Technical/Un-Priced Bid and Priced Bid) well in advance and refrain from submitting their bid at the last moment. Once bid is submitted successfully, bidders shall receive a system generated response on their registered E-mail Id confirming successful submission of bid indicating ten digit response number starting from 9000…. (E-bid number).
Bidder can modify the bid already submitted prior to the due date and time of Bid submission.
7. Further, bidders are advised to carry out a practice session on the demo version of tendering as explained in Ready Reckoner to get well acquainted with the system before actual submission of bid.
8.0 Content of Bid
8.1 Un-Priced Bid
The Un-priced Bid (i.e. Part I – Technical Bid, refer ITB of tender for details) to be uploaded using Link “TECHNICAL DOCUMENT”. Bidders are advised to not upload duly filled Schedule of Rates/Price Schedule (Price Bid) at this link. For detailed instructions, Ready Reckoner for bidders may be referred.
Before the bid is uploaded, the bid comprising of all relevant documents mentioned in the tender document should be digitally signed in accordance with the Indian IT Act 2000. If any modifications are required to be made to a document thereafter the modified documents shall be again digitally signed before uploading.
Bidders are required to upload all Tender forms and supporting documents which form part of the bid/tender in the Collaboration Folder (C-Folder) under tender document of e-tender portal.
Uploading the documents relevant to bid before the bid submission date and time is the sole responsibility of the bidder. No Manual/Hard copy of bid is acceptable. Bids submitted manually shall be rejected.
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Bidders are required to submit the Earnest Money Deposit (EMD)/Bid Bond in original in the prescribed formats and in the manner prescribed in the tender at the time of bid submission in sealed envelope.
However, if the bidder is unable to submit EMD/Bid Bond in original on the due date, he may upload scanned copy of the EMD/Bid Bond while submitting the bid electronically, provided the original EMD/Bid Bond, copy of which has been uploaded, is received within 7 (seven) days from the date of un-priced bid opening, failing which the bid will be rejected irrespective of their status / ranking in tender and notwithstanding the fact that a copy of the Earnest Money Deposit/Bid Bond was earlier uploaded by the bidder.
The complete bid (each page) shall be continuously numbered in sequence, from start till end i.e. 1, 2, 3… n. The bid shall be uploaded along with proper index and indicating page numbers against each category of documents. A sample is suggested as under:
Sub-folder in Documents Page nos. C-Folder (for ref.) 1. INDEX Index 1 to a 2. TENDER DOC Tender Document, Corrigendum etc. a+1 to b 3. B.E.C BEC documents (including order, completion/ b+1 to c execution certificate, balance sheet, etc.) 4. UN-PRICED Un-priced Commercial offer/bid c+1 to d COMMERCIAL 5. EMD/POA Scanned copy of EMD/POA d+1 to e 6. FORMATS Formats of tender duly filed-in, signed and e+1 to f stamped and other 7. Scanned copy of Integrity Pact (I.P.) f+1 to f I.P. 8. OTHERS Any other document g+1 to n The above shall ensure that there are no missing documents and traceability of relevant section is ensured.
Note:
i) Bidder may save/store the bid documents in the PC/Laptop before submitting the bid into in e-tender portal. ii) Bidder is required to fill up the price(s)/rate(s) strictly in the Schedule of Rate (SOR)/Price Schedule attached with the tender.
Inadvertently, if a document is uploaded in Collaboration Folder (C Folder) by the bidders, such document can be deleted by the bidder and can be replaced by a digitally signed new/modified document prior to due date& time.
Un-priced techno-commercial bid document should be placed in the private area earmarked in the C-folder of Tender Document in e-tender portal.
8.2 Priced Bid 30
The Priced Bid (i.e. Part II – Price Bid, refer ITB for details) to be uploaded using Link “Step-3: SOR Attachments” and NOT using link “TECHNICAL DOCUMENT”. Bidders are advised not to upload any other documents and same shall be ignored. For detailed instructions, refer tender document and Ready Reckoner.
GAIL shall not be responsible for any failure on the part of the bidder in submission of Priced Bid. Instructions mentioned under “PRICE BID [Online]” in Ready Reckoner shall be applicable in case Bidders have been asked to quote their prices on-line directly in the GAIL’s e-tender portal in addition to uploading of scanned copy of SOR or only the on- line price submission in the portal, as the case may be.
9. E-Tender demo during pre-bid conference
During the pre-bid conference, GAIL shall also arrange demonstration for submission of bids in e-tender portal for interested bidders.
10. Submission of documents
Bidders are requested to upload small sized documents preferably (upto 20 MB) at a time to facilitate easy uploading into e-tender portal. GAIL shall not be responsible in case of failure of the bidder to upload documents/bids within specified time of tender submission.
11. Last date for submission of bids
System does not allow for submission or modification of bids beyond the deadline for bid submission. However, if the bidder for some reason intends to change the bid already entered, he may change/revise the same on or before the last date and time of submission. The system time displayed on GAIL’s e-tender webpage shall be final and binding on the bidders for all purposes pertaining to various events of the subject tender and no other time shall be taken into cognizance.
Bidders are advised in their own interest to ensure that bids are uploaded in e-tender system well before the closing date and time of bid.
12. Internet connectivity If bidders are unable to access GAIL’s e-tender portal or Bid Documents, the bidders may please check whether they are using proxy to connect to internet or their PC is behind any firewall and may contact their system administrator to enable connectivity. Please note that Port SSL/443 should be enabled on proxy/firewall for HTTPS connectivity. Dial-up/Broad band internet connectivity without Proxy settings is another option......
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SECTION 3
General Conditions of Contract (GCC)
करण गेल की निविदा िेबसाइटﴂदी सﴂ GCC का ह“ ग्रेजीﴂकक, अﴂhttp://www.gailtenders.in/) पर उपल녍ध ै | ाला) गनि के मामले मᴂ, 핍या奍याﴂअिुिाद मᴂ ककसी भी विस ﴂऔर उसके ह दी ”| करण प्रबल ोगाﴂग्रेजी सﴂके ललए, अ ﴂ और कािूिी प लओु
“The Hindi version of GCC’s are available on GAIL’s tender website (http://www.gailtenders.in/) for reference. However, in case of any discrepancy in English & its Hindi translation, for interpretation and legal aspects, the English version shall prevail.”
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ARTICLE 3.1.0: DEFINITIONS AND INTERPRETATIONS
In this Document, as hereunder defined, the following terms and expressions shall have the meaning hereby assigned to them except where the context otherwise requires:
AGREEMENT means the agreement concluded on non-judicial stamp paper between GAIL and Consultant for Services as per this TENDER.
GAIL/OWNER shall mean GAIL (India) Limited
GAIL'S REPRESENTATIVE means the person appointed or authorized from time to time by GAIL for execution of the contract.
CONSULTANT'S REPRESENTATIVE means the person appointed from time to time by CONSULTANT for execution of the Contract.
ENGINEER-IN-CHARGE/EXECUTIVE-IN-CHARGE shall mean the person designated from time to time by the GAIL and shall include those who are expressly authorized by him to act for and on his behalf for operation of this CONTRACT.
SIGN OFF means a recorded statement for completion of a milestone/major activity by Consultant as envisaged in this document and accepted by GAIL.
CONTRACT shall mean Letter of Acceptance and all attached exhibits and document referred to therein and all terms and conditions thereof together with any subsequent modifications thereto.
SERVICES mean the duties to be performed and the services to be rendered by Consultant according to the terms and conditions of the Contract.
HEADINGS the headings appearing herein are for convenience only and shall not be taken in consideration in the interpretation or construction of the Contract.
SINGULAR AND PLURAL WORDS importing the singular only also include the plural and vice-versa where the context requires.
ARTICLE 3.2.0: PERFORMANCE OF DUTIES AND SERVICES BY CONSULTNT
3.2.1 Consultant shall perform its Services in full accordance with the terms and conditions of the Contract and any applicable local laws and regulations and shall exercise all reasonable professional skill, care and diligence in the discharge of said Project work.
Consultant shall in all professional matters act as a faithful advisor to GAIL, and will provide all the expert commercial/technical advice and skills which are normally required for the class of Services for which it is engaged.
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Consultant, its staff, employees shall carry out all its responsibilities in accordance with the best professional standards.
Consultant shall prepare and submit documents /reports etc. in due time and in accordance with the Tender Conditions.
3.2.2 Consultant will maintain for the performance of the Contract, personnel as determined to be responsible for carrying out this job and such persons shall not be replaced or substituted without written approval of GAIL.
ARTICLE 3.3.0: GAIL'S REPRESENTATIVE
3.3.1 GAIL shall nominate its Representative(s) who shall be entitled to act on behalf of GAIL with respect to any decision it is empowered to make. The bill / invoice of Consultant will be certified for payment by such representatives.
ARTICLE 3.4.0: CONSULTANT’S REPRESENTATIVE
3.4.1 Consultant shall nominate a qualified and experienced person as its Representative who will be the contact person between GAIL and Consultant for the performance of the Contract. This nomination shall be done within ten (10) days after the coming into force of the Contract. Consultant shall notify GAIL in writing prior to the appointment of a new representative. Consultant's Representative may be replaced only with GAIL's consent after getting approved his CV’s from GAIL.
GAIL shall be at liberty to object to any nomination and to require Consultant to remove Consultant's representative for good causes. Consultant shall replace immediately such person by competent substitute at no extra cost to GAIL.
3.4.2 Consultant’s Representative shall be entitled to act on behalf of Consultant with respect to any decisions to be made under the Contract.
ARTICLE 3.5.0: PAYMENT TERMS ( Shall be applicable as per As per Special Conditions of Contract)
3.5.1 GAIL shall pay for the services rendered as per stipulation in the tender through E- Banking only (through ICICI Bank, HDFC Bank or State Bank of India). All Bank charges of consultant’s Bankers shall be to the consultant’s account.
3.5.2 Consultant will invoice GAIL according to the terms and conditions provided in the tender.
3.5.3 Payment terms will be as follows:
3.5.3.1 or all consultancy jobs for preparation of reports,
Payment terms will be as follows:
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- 60 % on submission & acceptance of Draft report. - 40% on acceptance of final report
Where outsourcing will be required, payment will be released on the basis of Milestones achieved within 60% such as submission of report for market survey, etc. The payment for such milestones will be restricted to actual payment made to outsourced agency/ies subject to 40% within 60% limit.
- 40% on submission & acceptance of final report.
Where EMP/EIA/RRA is involved, the 40% payment will be divided as follows:-
- 20% on submission and acceptance of final DFR/Report
- 20% on submission and acceptance of EMP/EIA/RRA
If acceptance is not conveyed within 30 days, it will be presumed to be accepted.
3.5.3.2 For Acquisition/Due diligence consultancy cases
Payment terms will be as follows:
Stages Payment (%age of lumpsum price)
a) On submission and acceptance of draft report 40%
b) On submission and acceptance of Final report by GAIL 20%
c) On formulation and submission of Bid 15%
d) On negotiations, deal finalization and deal execution 25%
If acceptance is not conveyed within 30 days, it will be presumed to be accepted.
GAIL reserves the right to enter into the next Stage or terminate the contract at the completion of the previous Stage as indicated above and submission of all the deliverables pertaining to the Stage completed. In such case the payment to the Consultant shall be restricted to payments payable for the Stage completed as indicated above.
3.5.3.3 FOR PMC JOBS/ PROJECT QUALITY CONSULTANTS
Payment terms shall be as follows : - On completion of Milestones against each activity of Project as identified in the scope of work progressively based on Fortnightly invoices 95%
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- After close out of Project on completion of job in all respects 5%
3.5.3.4 For Back-up Consultants for Project Monitoring and for Third Party Inspection Services, payment will be based on Manday Rate (per diem)
3.5.4 In case of disputes concerning invoice(s), GAIL shall return said invoice(s) to Consultant within fifteen (15) days from its/their receipt specifying in writing the reasons for its / their rejection.
GAIL shall pay the undisputed amount of the invoice(s) according to Article - 3.5.3 hereof.
The disputed amount, if any, shall be paid after mutual settlement between GAIL and Consultant.
Total or partial rejection of the invoice(s) shall not release Consultant from any of its obligations under the Contract.
ARTICLE 3.6.0: PERFORMANCE GUARANTEE
As per Special Conditions of Contract of Tender document.
ARTICLE 3.7.0: CONFIDENTIALITY
3.7.1 Consultant shall treat all matters in connection with the Contract as strictly confidential and undertakes not to disclose, in any way, information, documents, technical data, experience and know-how given to him by GAIL without the prior written consent of GAIL.
3.7.2 Consultant further undertakes to limit the access to confidential information to those of its employees, Implementation Partners who reasonably require the same for the proper performance of the Contract provided however that Consultant shall ensure that each of them has been informed of the confidential nature of the confidentiality and non-disclosure provided for hereof.
ARTICLE 3.8.0: TAXES AND DUTIES
3.8.1 Consultant shall pay any and all taxes including service tax, duties, levies etc. which are payable in relation to the performance of the Contract. The quoted price shall be inclusive of all such taxes and duties.
3.8.2 Statutory variation in taxes (CST, LST, WCT, withholding tax, service tax etc.) and duties, if any, within the contractual completion period shall be borne by GAIL. No variation in taxes duties or levies other than statutory taxes & duties shall be payable.
Consultant will not claim from GAIL any taxes paid by him.
3.8.4 GAIL shall deduct Income tax at source at applicable rates.
ARTICLE 3.9.0: RESOLUTION OF DISPUTES / ARBITRATION 36
3.9.1 GAIL and Consultant shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the Contract.
3.9.2 All disputes, controversies, or claims between the parties (except in matters where the decision of the Executive/Engineer-in-Charge is deemed to be final and binding) which cannot be mutually resolved within a reasonable time shall be referred to Arbitration by sole arbitrator.
GAIL shall suggest a panel of three independent and distinguished persons to the other party (Consultant) to select any one among them to act as the sole Arbitrator. In the event of failure of the other party to select the Sole Arbitrator within 30 days from the receipt of the communication suggesting the panel of arbitrators, the right of selection of sole Arbitrator by the other party shall stand forfeited and GAIL shall have discretion to proceed with the appointment of the sole Arbitrator. The decision of the GAIL on the appointment of Sole Arbitrator shall be final and binding on the parties. The award of the Sole Arbitrator shall be final and binding on the parties and unless directed/awarded otherwise by the Sole Arbitrator, the cost of arbitration proceedings shall be shared equally by the PARTIES. The arbitration proceeding shall be in English language and the venue shall be at New Delhi, India.
Subject to the above, the provisions of (Indian) Arbitration & Conciliation Act, 1996 and the rules framed there-under shall be applicable. All matters relating to this contract are subject to the exclusive jurisdiction of the Courts situated in the State of Delhi (India).
3.9.3 Consultant may please note that the Arbitration & Conciliation Act 1996 was enacted by the Indian Parliament and is based on United Nations Commission on International Trade Law (UNCITRAL model law), which were prepared after extensive consultation with Arbitral Institutions and centers of International Commercial Arbitration. The United Nations General Assembly vide resolution 31/98 adopted the UNCITRAL Arbitration rules on 15 December 1996.
In case of Government Public Sector Undertakings, the clause shall be applicable as per Government guidelines.
ARTICLE 3.10.0: LEGAL CONSTRUCTION
3.10.1 Subject to the provisions of this Article, the Contract shall be, in all respects, constructed and operated as an Indian Contract and in accordance with Indian Laws as in force for the time being and is subject to and referred to the Court of Law situated at New Delhi.
ARTICLE 3.11.0: SUSPENSION OF THE PERFORMANCE OF DUTIES AND SERVICES
3.11.1 GAIL may suspend in whole or in part – the performance of services of Consultants any time upon giving not less than fifteen (15) days notice.
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3.11.2 Upon notice of suspension, Consultant shall suspend immediately the services and reduce expenditure to a minimum to be agreed upon by both the parties.
3.11.3 Upon suspension of the performance of services, Consultant shall be entitled to reimbursement of the costs which shall have been actually incurred prior to the date of such suspension. However, the total reimbursement shall be restricted to contract price.
3.11.4 By fifteen days prior notice, GAIL may request Consultant to resume the performance of the services, without any additional cost to GAIL.
3.11.5 In case of suspension of work by consultant on GAIL’s request for more than 10 days, demobilization and remobilization charges will be paid to consultant as per Schedule of Rates (if specifically mentioned, else not applicable).
3.11.6 If the suspension of the duties and services exceeds six months, either party shall be entitled to terminate contract according to Article 3.16 hereunder.
ARTICLE 3.12.0: PRICE REDUCTION SCHEDULE (PRS)
3.12.1 In case Consultant fails to complete the services within stipulated period then unless such failure is due to force majeure as defined in Article 3.19 hereinafter or due to GAIL’s default, there will be a reduction in contract price @ 1/2% for each week of delay or part thereof subject to maximum of 5 % of contract price.
3.12.2 GAIL may without prejudice to any methods of recovery, deduct the amount of such PRS from any money due or which may at any time become due to Consultant from its obligations and liabilities under the contract or by recovery against the Performance Bank Guarantee. Both Consultant and GAIL agree that the above percentage of price reduction are genuine pre- estimates of the loss/damage which GAIL would have suffered on account of delay/ breach on the part of Consultant and the said amount will be payable on demand without there being any proof of the actual loss/or damage caused by such breach/delay. A decision of GAIL in the matter of applicability of price reduction shall be final and binding.
ARTICLE 3.13.0: ASSIGNMENT
Consultant shall not have the right to assign or transfer the benefit and obligations of the contract or any part thereof to the third party without the prior express approval in writing of GAIL which it shall do at its discretion. However, in event of that all legal/contractual obligations shall be binding on Consultant only.
ARTICLE 3.14.0: INDUSTRIAL AND INTELLECTUAL PROPERTY
3.14.1 In order to perform the services, Consultant must obtain at its sole account, the necessary assignments, permits and authorizations from the titleholder of the corresponding patents, models, trademarks, names or other protected rights and shall keep GAIL harmless and indemnify GAIL from and against claims, proceedings, damages, costs and expenses (including
38 but not limited to legal costs) for and/or on account of infringements of said patents, models, trademarks names or other protected rights.
3.14.2 All documents, report, information, data etc. collected and prepared by Consultant in connection with the scope of work submitted to GAIL will be property of GAIL.
3.14.3 Consultant shall not be entitled either directly or indirectly to make use of the documents, reports given by GAIL for carrying out of any services with any third parties.
3.14.4 Consultant shall not without the prior written consent of GAIL be entitled to publish studies or descriptive article with or without illustrations or data in respect of or in connection with the performance of services.
ARTICLE 3.15.0: LIABILITIES
3.15.1 Without prejudice to any express provision in the contract, Consultant shall be solely responsible for any delay, lack of performance, breach of agreement and/or any default under this contract.
3.15.2 Consultant shall remain liable for any damages due to its gross negligence within the next 12 months after the issuance of the provisional acceptance certificate of the contract.
3.15.3 The amount of liability will be limited to 10% of the contract value.
ARTICLE 3.16.0: TERMINATION OF CONTRACT
3.16.1 Termination for Default
GAIL reserves its right to terminate / short close the contract, without prejudice to any other remedy for breach of CONTRACT, by giving one month notice if Consultant fails to perform any obligation(s) under the CONTRACT and if Consultant, does not cure his failure within a period of 30 days (or such longer period as GAIL may authorize in writing) after receipt of the default notice from GAIL.
3.16.2 Termination for Insolvency
GAIL may at any time terminate the CONTRACT by giving written notice without compensation to Consultant, if Consultant becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action n or remedy which has accrued or will accrue thereafter to GAIL.
3.16.3 Termination for convenience
GAIL may by written notice sent to consultant, terminate the contract, in whole or part, at any time for its convenience. However, the payment shall be released to the extent to which performance of work executed as determined by GAIL till the date upon which such termination becomes effective.
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ARTICLE 3.17.0: MODIFICATION Any modification of or addition to the contract shall not be binding unless made in writing and agreed by both the parties.
ARTICLE 3.18.0: CONTRACT/AGREEMENT
The notification of award along with agreement on non judicial stamp paper of appropriate value of ______as per proforma (Annexure – B) within 10 days from the date of receipt of LOI, the cost of stamp paper is to be borne by Consultant, and its enclosures shall constitute the contract between the parties and supersedes all other prior agreements, arrangements and communications, whether oral or written, between the parties relating to the subject matter hereof.
ARTICLE 3.19.0: FORCE MAJEURE
Shall mean and be limited to the following:
a) War/hostilities b) Riot or Civil commotion c) Earthquake, flood, tempest, lightening or other natural physical disaster. d) Restrictions imposed by the Government or other statutory bodies which prevents or delays the execution of the Contract by Consultant.
CONSULTANT shall advise GAIL by a registered letter duly certified by the local Chamber of Commerce or statutory authorities, the beginning and end of the above causes of delay within seven (7) days of the occurrence and cessation of such Force Majeure Conditions. In the event of delay lasting over one month, if arising out of causes of Force Majeure, GAIL reserves the right to cancel the Contract and the provisions governing termination stated under Article 3.16 shall apply.
For delays arising out of Force Majeure, Consultant shall not claim extension in completion date for a period exceeding the period of delay attributable to the causes of Force Majeure and neither GAIL nor Consultant shall be liable to pay extra costs provided it is mutually established that Force Majeure Conditions did actually exist. Consultant shall categorically specify the extent of Force Majeure Conditions prevalent in their works at the time of submitting their bid and whether the same have been taken into consideration or not in their quotations. In the event of any force majeure cause, Consultant or the GAIL shall not be liable for delays in performing their obligations under this order and the completion dates will be extended to Consultant without being subject to price reduction for delayed completion, as stated elsewhere.
ARTICLE 3.20.0: RECTIFICATION PERIOD
All services shall be rendered strictly in accordance with the terms and conditions stated in the Contract. 40
No deviation from such conditions shall be made without GAIL’S agreement in writing which must be obtained before any work against the order is commenced. All services rendered by Consultant pursuant to the Contract (irrespective of whether engineering, design data or other information has been furnished, reviewed or approved by GAIL) are guaranteed to be of the best quality of their respective kinds.
Consultant shall rectify at his own cost any mistake in assumption of any data in the study or use of wrong data or faulty study observed within twelve months of the acceptance of his report and will submit the rectified report incorporating the changes wherever applicable within 30 days of observance of mistake.
ARTICLE 3.21.0: SUB CONTRACT
Any sub contract to be made by the CONSULTANT relating to the services shall be made only to such extent and with such duly qualified specialists and entities as shall be approved in writing in advance by GAIL. Upon the request of GAIL, the consultant shall submit for GAIL’s prior approval, the terms of reference or any amendment thereof for such sub contractor’s SERVICES. Notwithstanding such approval, the consultant shall remain fully responsible for the performance of services under the CONTRACT.
ARTICLE 3.22.0: NOTICES
3.22.1 Any notice given by one party to the other pursuant to the CONTRACT shall be sent in writing or by telegram or fax, telex/cable confirmed in writing.
3.22.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.
ARTICLE 3.23.0: ACQUISITION OF DATA
If required, CONSULTANT shall be responsible for carrying out any surveys and acquisition of all data from necessary sources. GAIL, if requested in writing by CONSULTANT, may assist the consultant in the said acquisition by way of issue of recommendatory letters only. All requisite clearances, co-ordination, fees, charges, etc. and compliance to the local laws required for completion of the job shall be the responsibility of the CONSULTANT.
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SECTION 4
Scope of Work & Special Conditions of Contract
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SCOPE OF WORK
1. INTRODUCTION : Petrochemical Complex Unit of GAIL (India) Limited is situated at Pata village in Auraiya district of Uttar Pradesh State and the nearest Railway Station is Phaphund which is in between Etawah and Kanpur Railway Stations. GAIL, Pata Unit is approximately 7.0 Kilometers from Phaphund Railway Station. On the way, two adjacent residential colonies (GAILGAON & CISF colony) are situated. Bidders are advised to visit the three job location sites as given in “Schedule of Rates” before submission of bid to became familiar with the nature & quantum of jobs involved.
2. SCOPE OF WORK : 2.1. Complete study, survey, design, report regarding adequacy of existing lightening protection system of Pata petrochemical complex, GAILGAON & CISF colony covering total about 6.7 sq. kilometres as per requirement of prevailing standards (OISD:180, IS:2309-1989 & IEC:62305-3). The study shall cover machine areas, offices, all buildings, sheds, workshop and other structures by deputing vendor’s experts at these site.
2.2. Vendor has to submit following documents (three set of Hard copies and three CDs containing soft copy) after completion of the job :-
A. Preparation of detailed report (overall layout drawing with dimensions showing all buildings / sheds / water tanks / chimneys / high masts / towers / earth pits / lightning arrestors / down conductor etc. in coloured printout, calculation sheet for adequacy determination) of existing lightning protection system facilities for all these three areas (Pata plant, GAILGAON & CISF colony). B. In case of non-adequacy of existing lightening protection facilities, vendor has to submit their recommendations for installation of required euipments, their detailed technical specification & bill of materials so that lightning protection of these premises become adequate as per prevailing standards C. Any other relevant jobs required but not mentioned above for this study
2.3. The offer shall include all charges for to and fro journey up to Pata, lodging & boarding, fooding etc. for vendor’s personnel at Pata.
2.4. GAIL shall provide conveyance for moving within these three premises.
2.5. GAIL shall also provide unskilled labor assistance in case of physical measurement and other related activities. However if special tools are required to complete the job, shall be arranged by vendor.
3. TIME OF COMPLETION / CONTRACT PERIOD : The contract period shall be valid for a period of 06 (SIX) months from the date of issue of Letter of Intent /Fax of Acceptance whichever is earlier.
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4. CONTRACT VALUE & PAYMENT TERMS : The value of work under this contract shall be as per Schedule of Rates in LOI / LOA. The contractor shall not seek any revision of the price mentioned in LOI/LOA on account of any variation in the quantity. Value of work order shall not be changed in any condition. Payment to vendor shall be released only after 100% completion of the awarded job, i.e., submission of final report & other documents. No part payment shall be admissible.
5. ENGINEER-IN-CHARGE : The Engineer-In-Charge shall look after general supervision and direction of the work, arrangement of required permits. He shall be authorized to stop the work, whenever such stoppage may be necessary to ensure proper execution of the contract.
6. DEFECT LIABILITY PERIOD : Not applicable
7. SUB-LETTING AND ASSIGNMENT OF CONTRACT: The vendor shall not sub-let / transfer / assign the contract to any other party without prior permission of GAIL. However, any such permission / consent by GAIL shall not relieve the contractor from any official obligation, duties or responsibilities under the agreement
8. SAFETY AND SECURITY: Vendor shall comply with all applicable Safety laws and other laws including but not limited to contract labour (R&A) Act, 1970 etc. Vendor should be conversant with labour laws and regulations in practice and shall keep the GAIL, harmless and indemnified against any action brought against it for any violation / non-compliance of any act etc.
9. PENALTY : Against Violation of ANY applicable (within GAIL-Pata premise) Safety, Health and Environment related norms by ANY deployed personnel of vendor, a penalty of Rs. 5,000/- (rupees five thousand) per instance of violation / occasion shall be imposed on vendor & deducted from his bill. Further, every week delay (from vendor’s end) in completion of awarded job (in all respect) shall attract penalty @0.5% of total awarded basic value of contract & shall be deducted from vendor’s bill
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SECTION 5
ANNEXURES
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ANNEXURE - A BIDDER'S GENERAL INFORMATION
To, M/s GAIL (INDIA) LIMITED ______
TENDER NO: ______1 Bidder Name 2 Status of Firm Proprietorship Firm/Partnership firm/ Limited/Others If Others Specify:______[Enclose certificate of Registration] 3 Name of Proprietor/Partners/Directors of the firm/company
4 Number of Years in Operation 5 Address of Registered Office:
*In case of Partnership firm, enclose City: letter mentioning current address of District: State: the firm and the full names and current PIN/ZIP: addresses of all the partners of the firm. Operation Address 6 (if different from above) City: District: State: PIN/ZIP: 8 Telephone Number ______(Country Code) (Area Code) (Telephone No.) 9 E-mail address 10 Website 11 Fax Number: ______(Country Code) (Area Code) (Telephone No.) 12 ISO Certification, if any {If yes, please furnish details}
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13 Bid Currency
14 Banker’s Name
15 Branch
17 Bank account number
18 PAN No.
[Enclose copy of PAN Card]
19 Service Tax No.
[Enclose copy of Service tax Registration Certificate]
20 We (Bidder) are covered under the Yes / No definition of section 2 (n) of the (If the response to the above is ‘Yes”, Bidder to MSMED Act provide Purchaser a copy of the Enterpreneurs Memorandum (EM) filled with the authority specified by the respective State Government.). Declaration in accordance with Form F-21 also to be provided.
21 Whether Micro/Small/Medium
Enterprise ______
(Bidder to submit documents as specified in ITB)
Declaration in accordance with Form F-21 also to be provided.
22 Type of Entity Corporate/ Non-Corporate (As per Service tax Act). (In case of Non-Corporate Entity, bidder will submit documentary evidence for same).
Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation & Seal:
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ANNEXURE - B Bid Form
To: GAIL (India) Limited Date: PATA
Dear Sir,
Having examined the TENDER No. ______the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide consultancy services in conformity with the terms and conditions of TENDER.
We undertake, if our bid is accepted, to complete entire work as specified in the tender document within the completion schedule specified therein.
We agree to abide by this bid for a period of three months from the date fixed for bid opening under Instructions to Bidders and it shall remain binding upon us and may be accepted at any time before the expiration of that period.
Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof in your notification of award, shall constitute a binding Contract between us.
We understand that you are not bound to accept the lowest or any bid, you may receive.
Dated this Day of 20__
Signature of authorized signatory
Name: ------Date: Designation: Place: Seal:
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ANNEXURE – C
Contract Agreement Form
AGREEMENT for “______” (hereinafter called the "Job") made on ______day of ______, 200_ between M/s ______, hereinafter called the “CONSULTANT” (which term shall unless excluded by or repugnant to the subject or context include its successors and permitted assignees) of the one part and the GAIL (India) Limited hereinafter called “GAIL” (which term shall unless excluded by or repugnant to the subject or context include its successors and assignees) of the other part.
WHEREAS
GAIL being desirous of having provided for execution of certain work mentioned, enumerated or referred to in the LOA including Completion Schedule of job has called for proposal.
A. The CONSULTANT has examined the Job specified in TENDER of GAIL and has satisfied himself by careful examination before submitting his proposal as to the nature of the Job and local conditions, the nature and magnitude of the Job, the availability of manpower and materials necessary for the execution of Job and has made local and independent enquiries and obtained complete information as to the matters and thing referred to, or implied in LOA or having any connection therewith and has considered the nature and extent of all probable and possible situations, delays, hindrances or interference’s to or with the execution and completion of the Job to be carried out under the Agreement, and has examined and considered all other matters, conditions and things and probable and possible contingencies, and generally all matters incidental thereto and auxiliary thereof affecting the completion of the Job and which might have included him in making his proposal.
B. The LOA including Completion Schedule of Job and Letter of Acceptance of proposal form part of this Agreement though separately set out herein and are included in the expression Agreement wherever herein used.
AND WHEREAS
GAIL accepted the bid of the CONSULTANT for the provision and the execution of the said Job at the values stated in bid and finally approved by GAIL upon the terms and subject to the conditions of Agreement.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS :
1. In consideration of the payment to be made to the CONSULTANT for the Job to be executed by him the CONTRACTOR hereby covenants with GAIL that the CONSULTANT shall and will duly provide, execute and complete the said Job and shall do and perform all other acts and things in the Agreement mentioned or described or which are to be implied there from or may be reasonably necessary for the 49
completion of the said Job and at the said times and in the manner and subject to the terms and conditions or stipulations mentioned in the Agreement.
2. In consideration of the due provision execution and completion of the said Job, GAIL does hereby agree with the Agreement that GAIL will pay to the CONSULTANT the respective amounts for the Job actually done by him and approved by GAIL at the amount specified in this LOA, such payment to be made at such time in such manner as provided for in the Agreement and LOA.
In witness whereof the parties have executed these presents in the day and the year first above written.
Signed and Delivered for Signed and Delivered for and on behalf of and on behalf of
M/s GAIL (India) Limited M/s ______
______
Date :______Date :______
Place:______Place:______
IN PRESENCE OF TWO WITNESSES
1.______1. ______
2.______2. ______
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ANNEXURE- D BRIEF SUMMARY OF AGREED TERMS AND CONDITIONS
Bidder’s Name M/s ...... TENDER No...... Bidder Offer Ref......
This Questionnaire duly filled in should be returned along with each copy of Bid. Clauses confirmed hereunder should not be repeated in the Bid.
Sl Description Bidder’s Confirmation 1. It is noted that deviations to Terms & Conditions shall lead to rejection of offer, as specified in the Tender Document. 2. Please ensure and confirm that prices quoted in ‘Schedule of Rates’, are for complete scope of work as defined in the Tender document. 3a. Please ensure & confirm that quoted prices are inclusive of all taxes as applicable under this contract but excluding Goods and Service Tax (GST).
3b. Rate of applicable GST (CGST & SGST/ UTGST or IGST) CGST: …………… % Plus SGST/UTGST……… % Total: ………………..% Or IGST:…………. % 3c. Whether in the instant tender services/works are covered in Yes / No reverse charge rule of GST (CGST & SGST/UTGST or IGST) In case of Yes, please specify GST (CGST & SGST/UTGST or IGST) payable by: GAIL:………….% Bidder:…………..% 3d. We hereby confirm that the quoted prices is in compliance with the Section 171 of CGST Act/ SGST Act as mentioned as clause no. 2.8.8.8 (Anti-profiteering clause) of ITB 4 Confirm that the offer shall remain valid for acceptance up to 3 months from Final Bid Due Date of Opening of Bids. 5 Bidder’s name and address:
6 Confirm that quoted prices shall remain firm till the Contract period 7 Please confirm that the quoted price is in Indian Rupees
8 Confirm acceptance of Contract period as per requirement specified in tender document (to be reckoned from date of Fax of Acceptance) 9 Confirm that all details/documents are submitted in line with article no. 2.12.5.1 of ITB: Section-2 of Tender document. 10. Confirm acceptance of relevant Terms of Payment as specified in the Tender document. 51
Sl Description Bidder’s Confirmation 11. Confirm acceptance in totality to the Terms & Conditions of complete Tender Document and its Corrigendum (s) & Clarification(s), if any 12. Please note that Terms & Conditions indicated elsewhere including any printed Terms & Conditions of the bidder, shall not be considered by Owner.
13 Confirm that none of Directors of bidder is a relative of any Director of Owner or the bidder is a firm in which any Director of Owner/ GAIL or his relative is a partner. 14. All correspondence must be in English Language only.
15. Indicate Name & Contact No. (Telephone/Fax No./E-mail) of person(s) to whom queries, if any, are to be addressed against your bid. 16. Confirm that all Bank charges associated with Bidder’s Bank shall be borne by Bidder. 17. Please indicate the following: (i) PAN No. (enclose copy) (ii) GST Registration no. (enclose copy)
18 Confirm that, in case of contradiction between the confirmations provided in this format and terms & conditions mentioned elsewhere in the offer, the confirmations given in this format shall prevail.
BIDDER CONFIRMS THAT IN CASE OF CONFLICTING VERSION OF VARIOUS TERMS & CONDITIONS AT DIFFERENT PLACES, THE CONFIRMATION FURNISHED AS ABOVE SHALL BE CONSIDERED OVER-RIDING AND FINAL AND ANY OTHER DEVIATION INDICATED ELSEWHERE SHALL BE TREATED AS REDUNDANT.
Signature ______Name ______Designation ______Office Stamp ______Date:______Tel No. ______Fax No. ______
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ANNEXURE - E
Proforma of Letter of Authority for Attending the Bid Opening /Signing the Agreement
No. Date:
GAIL (India) Limited Pata
Attn:
Sub: Tender No.
Dear Sirs,
We...... do hereby confirm that Mr. (name and address) ______is/are authorized to represent us for bid opening and signing of the Agreement on our behalf with you against your above cited tender for……………………………….
We confirm that we shall be bound by all and whatsoever our representatives shall commit.
Yours faithfully
Signature
Name and Designation for & on behalf of BIDDER ______
Note:
This letter of Authority should be on the letterhead of the Bidders and should be signed by a person competent and having the power of attorney (power of attorney shall be annexed) to bind the bidder.
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ANNEXURE - F
BIDDER’S EXPERIENCE
Bidders offer ref.:______Sl. No. Experience in similar jobs Company Name Contract Value Number & Year 01
02
03
Signature ______Name ______Designation ______Office Stamp ______
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ANNEXURE - G
DECLARATION REGARDING HOLIDAY/BANNING AND LIQUIDATION, COURT RECEIVERSHIP
To,
M/s GAIL (INDIA) LIMITED ______
SUB: TENDER NO:
Dear Sir,
We hereby confirm that we are not on ‘Holiday’ by GAIL or Public Sector Project Management Consultant (like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or banned by Government department/ Public Sector on due date of submission of bid.
Further, we confirm that neither we nor our allied agency/(ies) (as defined in the Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of GAIL or the Ministry of Petroleum and Natural Gas.
We also confirm that we are not under any liquidation, court receivership or similar proceedings or 'bankruptcy'.
In case it comes to the notice of GAIL that the bidder has given wrong declaration in this regard, the same shall be dealt as ‘fraudulent practices’ and action shall be initiated as per the Procedure for action in case of Corrupt/Fraudulent/Collusive/Coercive Practices.
Further, we also confirm that in case there is any change in status of the declaration prior to award of contract, the same will be promptly informed to GAIL by us.
Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:
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ANNEXURE - H DISCLAIMER
Bidders should ensure that bidding document is complete in all respects. In the event that the bidding document or any part thereof is mutilated or missing, the bidder shall notify GAIL immediately at the following address:
GAIL ( India) Limited Pata Distt. Auraiya Uttar Pradesh-206244
In the event such written notice is not received at the aforementioned office within seven (7) days from the date of issue of the bidding document to the bidder, the bidding documents received by the bidder shall be deemed to be complete in all respects. No extension of time shall be granted under any circumstances to any bidder for submission of its bid on the grounds that the bidder did not obtain a complete set of the bidding document.
GAIL makes no representation or warranty, express or implied, as to the accuracy, correctness and completeness of the information contained in the bidding documents.
(SIGNATURE & STAMP OF THE BIDDER)
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ANNEXURE – I
PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES (MSE)
Following provision has been incorporated for Micro and Small Enterprises (MSE), in line with notification of Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming the Public Procurement Policy on procurement of goods and services from MSEs. i) Issue of tender document to MSEs free of cost. ii) Exemption to MSEs from payment of EMD. iii) In Tender, participating Micro and Small Enterprises quoting price within price band of L1+15% shall also be allowed to supply a portion of requirement by bringing down their prices to L1 price in a situation where L1 price is from someone other than a micro and small enterprises and such micro and small enterprises shall be allowed to supply upto 25% of the total tendered value. In case of more than one such Micro and Small Enterprises, the supply shall be shared proportionately (to tendered quantity). Further, out of above 25%, 5% (20% of 25%) shall be reserved for MSEs owned by SC/ST entrepreneurs. Further, 3% shall be reserved for MSEs owned by women within above 25% reservation. The respective quota(s) shall be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST entrepreneurs/ MSEs owned by Women.
The quoted prices against various items shall remain valid in case of splitting of quantities of the items above.
In case tendered item is non-splitable or non- dividable (specified in Bid), MSE quoting price within price band L1 (other than MSE) + 15% , may be awarded for full/ complete supply of total tendered value subject to matching of L1 price.
> The MSE(s) owned by SC/ST Entrepreneurs shall mean:- a) In case of proprietary MSE, Proprietor(s) shall be SC/ST. b) In case of partnership MSE, the SC/ST partners shall be holding atleast 51% share in the unit c) In case of private Limited Companies, at least 51% share is held by SC/ST. If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.
> In case Bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006, the Bidder shall submit the following : a) Documentary evidence that the Bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises or Udyog Aadhar Memorandum. b) If the MSE is owned by SC/ST Entrepreneurs, the Bidder shall furnish appropriate documentary evidence in this regard.
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To avail above benefit, bidder who are not registered but falling under the category of Micro or Small Enterprises (i.e. categorised based on investment in Plant & Machinery / Equipment) are advised to get themselves registered with Udyog Aadhar (website: http://udyogaadhar.gov.in )
The above document(s) submitted by the Bidder shall be duly certified by the Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) and notary public with legible stamp.
If the bidder does not provide the above confirmation or appropriate document or any evidence, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP) 2012.
The Public Procurement Policy for MSEs is meant for procurement of only goods produced & Services rendered by MSEs. The benefit of policy are not extended to the traders/dealers/ Distributors/Stockiest/Wholesalers.
If against an order placed by GAIL, successful Bidder(s) (other than Micro/Small Enterprise) is procuring material/services from their sub-vendor who is a Micro or Small Enterprise registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises with prior consent in writing from GAIL, the details like Name, Registration No., Address, Contact No. details of material & value of procurement made, etc. of such Enterprises shall be furnished by the successful Bidder at the time of submission of invoice/Bill.
Further, MSEs who are availing the benefits of the Public Procurement Policy (PPP) 2012 get themselves registered with MSME Data Bank being operated by NSIC, under SME Division, M/o MSME, in order to create proper data base of MSEs which are making supplies to CPSUs.
It may be noted that Government of India has implemented Trade Receivable Discounting System (TReDS) to address challenges faced by MSMEs in delayed payments (after receipt/acceptance of Material/Services) from Government buyers leading to shortfall of Working Capital. TReDS is an online electronic institutional mechanism for facilitating the financing of trade receivables of MSMEs through multiple financiers. GAIL is already registered on the following TReDS platform:
M/s Receivable Exchange of India (RXIL), Mumbai M/s Mynd Solutions Private Limited (Mynd), New Delhi M/s A. TREDS (Invoicemart), Mumbai
You are requested to kindly register on the TReDS platform. The MSME vendors can avail the TReDS facility, if they want to.
(SIGNATURE & STAMP OF THE BIDDER)
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(DECLARATION ON COMPANY LETTER HEAD, IF AN MSE BIDDER)
To,
M/s GAIL (INDIA) LIMITED BANGALORE
SUB:
TENDER NO:
This is to confirm that M/s.______(Company Name) having its registered office at ______(Address) is registered under MSMED Act, Vide Document no. ______dt ______as a Service Enterprise, & the registration no. is ______.
Documents in support of above (i.e. registration certificate etc. as sought in Clause No. 40 of ITB) is enclosed, duly certified by the Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) and Notary public with legible stamp.
It is further confirmed that M/s. ______(Company Name) falls under the Category ______(whether Micro or Small or Medium) Service Enterprise, as per the guidelines provided in the MSMED ACT, based on the value of investment made by the Company in Equipment till date (i.e. as on the bid submission date).
[Signature of Authorized Signatory] Name: Date: Designation: Seal:
Encl: A/A
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Annexure-J
PROCEDURE FOR ACTION IN CASE CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
A Definitions:
A.1 “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly, anything of value to improperly influence the actions in selection process or in contract execution.
“Corrupt Practice” also includes any omission for misrepresentation that may mislead or attempt to mislead so that financial or other benefit may be obtained or an obligation avoided.
A2 “Fraudulent Practice” means and include any act or omission committed by a agency or with his connivance or by his agent by misrepresenting/ submitting false documents and/ or false information or concealment of facts or to deceive in order to influence a selection process or during execution of contract/ order.
A3 “Collusive Practice amongst bidders (prior to or after bid submission)” means a scheme or arrangement designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition.
A.4 “Coercive practice” means impairing or harming or threatening to impair or harm directly or indirectly, any agency or its property to influence the improperly actions of an agency, obstruction of any investigation or auditing of a procurement process.
A.5 “Vendor/Supplier/Contractor/Consultant/Bidder” is herein after referred as “Agency”
A.6 ”Appellate Authority” shall mean Committee of Directors consisting of Director (Finance) and Director (BD) for works centers under Director (Projects). For all other cases committee of Directors shall consist of Director (Finance) & Director (Projects).
A.7 “Competent Authority” shall mean the authority, who is competent to take final decision for Suspension of business dealing with an Agency/ (ies) and Banning of business dealings with Agency/ (ies) and shall be the “Director” concerned.
A.8 “Allied Agency” shall mean all the concerns within the sphere of effective influence of banned/ suspended agencies. In determining this, the following factors may be taken into consideration:
(a) Whether the management is common; (b) Majority interest in the management is held by the partners or directors of banned/ suspended firm. (c ) substantial or majority shares are owned by banned/ suspended agency and by virtue of this it has a controlling voice. 60
A.9 “Investigating Agency” shall mean any department or unit of GAIL investigating into the conduct of Agency/ party and shall include the Vigilance Department of the GAIL, Central Bureau of Investigation, State Police or any other agency set up by the Central or state government having power to investigate.
B Actions against bidder(s) indulging in corrupt /fraudulent/ collusive/ coercive practice
B.1 Irregularities noticed during the evaluation of the bids :
If it is observed during bidding process/ bids evaluation stage that a bidder has indulged in corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s) shall be rejected and its Earnest Money Deposit (EMD) shall be forfeited.
Further, such agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.
B.2 Irregularities noticed after award of contract
(i) During execution of contract:
If an agency, is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, during execution of contract, the agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.
The concerned order (s)/ contract(s) where corrupt/fraudulent/collusive practices is observed, shall be suspended with immediate effect by Engineer-in-Charge (EIC)/ Employer whereby the supply/ work/ service and payment etc. will be suspended. The action shall be initiated for putting the agency on banning.
After conclusion of process, the order (s)/ contract (s) where it is concluded that such irregularities have been committed shall be terminated and Contract cum Performance Bank Guarantee (CPBG) submitted by agency against such order (s)/ contract (s) shall also be forfeited. The amount that may have become due to the contractor on account of work already executed by him shall be payable to the contractor and this amount shall be subject to adjustment against any amounts due from the contractor under the terms of the contract.
No risk and cost provision will be enforced in such cases.
(ii) After execution of contract and during Defect liability period (DLP)/ Warranty/Guarantee Period:
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after execution of contract and during DLP/ Warranty/Guarantee
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Period, the agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.
Further, the Contract cum Performance Bank Guarantee (CPBG) submitted by agency against such order (s)/ contract (s) shall be forfeited.
(iii) After expiry of Defect liability period (DLP)/ Warranty/Guarantee Period
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after expiry of Defect liability period (DLP)/ Warranty/Guarantee Period, the agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.
B.2.2 Period of Banning
Banning period shall be reckoned from the date of banning order and shall be 3 years.
In exceptional cases where the act of vendor/ contractor is a threat to the National Security, the banning shall be for indefinite period.
C Effect of banning on other ongoing contracts/ tenders
C.1 If an agency is put on Banning, such agency should not be considered in ongoing tenders/future tenders.
C.2 However, if such an agency is already executing other order (s)/ contract (s) where no corrupt/fraudulent/ collusive/coercive practice is found, the agency should be allowed to continue till its completion without any further increase in scope except those incidental to original scope mentioned in the contract.
C.3 If an agency is put on the Banning List during tendering and no irregularity is found in the case under process:
C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the agency shall be ignored.
C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall not be opened and BG/EMD submitted by the agency shall be returned to the agency.
C.3.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency shall be ignored & will not be further evaluated. If the agency is put on banning list for fraud/ mis-appropriation of facts committed in the same tender/other tender where errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.
D. Procedure for Suspension of Bidder
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D.1 Initiation of Suspension
Action for suspension business dealing with any agency/(ies) shall be initiated by Corporate C&P Department when
(i) Corporate Vigilance Department based on the fact of the case gathered during investigation by them recommend for specific immediate action against the agency.
(ii) Corporate Vigilance Department based on the input from Investigating agency, forward for specific immediate action against the agency.
(iii) Non performance of Vendor/Supplier/Contractor/Consultant leading to termination of Contract/ Order.
D.2 Suspension Procedure:
D.2.1 The order of suspension would operate initially for a period not more than six months and is to be communicated to the agency and also to Corporate Vigilance Department. Period of suspension can be extended with the approval of the Competent Authority by one month at a time with a ceiling of six months pending a conclusive decision to put the agency on banning list.
D.2.2 During the period of suspension, no new business dealing may be held with the agency.
D.2.3 Period of suspension shall be accounted for in the final order passed for banning of business with the agency.
D.2.4 The decision regarding suspension of business dealings should also be communicated to the agency.
D.2.5 If a prima-facie, case is made out that the agency is guilty on the grounds which can result in banning of business dealings, proposal for issuance of suspension order and show cause notice shall be put up to the Competent Authority. The suspension order and show cause notice must include that (i) the agency is put on suspension list and (ii) why action should not be taken for banning the agency for future business from GAIL.
The competent authority to approve the suspension will be same as that for according approval for banning.
D 3 Effect of Suspension of business:
Effect of suspension on other on-going/future tenders will be as under:
D.3.1 No enquiry/bid/tender shall be entertained from an agency as long as the name of agency appears in the Suspension List. 63
D.3.2 If an agency is put on the Suspension List during tendering:
D.3.2.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the agency shall be ignored.
D.3.2.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall not be opened and BG/EMD submitted by the agency shall be returned to the agency.
D.3.2.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency shall be ignored & will not be further evaluated. If the agency is put on Suspension list for fraud/ mis-appropriation of facts conducted in the same tender/other tender where errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.
D.3.3 The existing contract (s)/ order (s) under execution shall continue.
D.3.4 Tenders invited for procurement of goods, works and services shall have provision that the bidder shall submit a undertaking to the effect that (i) neither the bidder themselves nor their allied agency/(ies) are on banning list of GAIL or the Ministry of Petroleum and Natural Gas and (ii) bidder is not banned by any Government department/ Public Sector.
F. Appeal against the Decision of the Competent Authority:
F.1 The agency may file an appeal against the order of the Competent Authority for putting the agency on banning list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the of receipt of banning order.
F.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the party as well as the Competent Authority.
F.3 Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority.
G. Wherever there is contradiction with respect to terms of ‘Integrity pact’ , GCC and ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’, the provisions of ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’ shall prevail.
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PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/ CONTRACTORS/ CONSULTANTS
1.0 OBJECTIVE
The objective of Evaluation of Performance aims to recognize, and develop reliable Vendors/ Suppliers/Contractors/ Consultants so that they consistently meet or exceed expectations and requirements.
The purpose of this procedure is to put in place a system to monitor performance of Vendors/ Suppliers/Contractors/ Consultants associated with GAIL in Projects and in O&M so as to ensure timely completion of various projects, timely receipt of supplies including completion of works & services for operation and maintenance of operating plants and quality standards in all respects.
2.0 METHODOLOGY
i) Preparation of Performance Rating Data Sheet
Performance rating data Sheet for each and every Vendor/ Supplier/Contractor/ Consultant for all orders/Contracts with a value of Rs. 7 Lakhs and above is recommended to be drawn up. These data sheets are to be separately prepared for orders/ contracts related to Projects and O&M. Format, Parameters, Process, responsibility for preparation of Performance Rating Data Sheet are separately mentioned.
ii) Measurement of Performance
Based on the parameters defined in Data Sheet, Performance of concerned Vendor/ Supplier/Contractor/ Consultant would be computed and graded accordingly. The measurement of the performance of the Party would be its ability to achieve the minimum scoring of 60% points in the given parameters.
iii) Initiation of Measures:
Depending upon the Grading of Performance, corrective measures would be initiated by taking up the matter with concerned Vendor/ Supplier/Contractor/ Consultant. Response of Vendor/ Supplier/Contractor/ Consultant would be considered before deciding further course of action.
iv) Implementation of Corrective Measures:
Based on the response of Vendor/ Supplier/Contractor/ Consultant, concerned Engineer-in-Charge for the Projects and/or OIC in case of O&M would
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recommend for continuation or discontinuation of such party from the business of GAIL.
v) Orders/contracts placed on Proprietary/OEM basis for O&M will be evaluated and, if required, corrective action will be taken for improvement in future.
3.0 PROCESS OF EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/ CONTRACTORS/ CONSULTANTS
3.1 FOR PROJECTS
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of PROJECTS shall be done immediately with commissioning of any Project.
ii) On commissioning of any Project, EIC (Engineer-in-charge)/ Project-in-charge shall prepare a Performance Rating Data Sheet (Format at Annexure-1) for all Orders and Contracts.
iii) Depending upon the Performance Rating, following action need to be initiated by Engineer-in-charge/Project-in-charge:
Sl.No. Performance Action Rating 1 POOR Seek explanation for Poor performance 2 FAIR Seek explanation for Fair performance 3 GOOD Letter to the concerned for improving performance in future 4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In case of satisfactory reply, Performance Rating data Sheet to be closed with a letter to the concerned for improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be taken:
A) Where Performance rating is “POOR”:
Recommend such defaulting Vendor/ Supplier/Contractor/ Consultant for putting on Holiday for a period from one to three years as given below:
(i) Poor Performance due to reasons other than Quality : One Year (ii) Poor Performance on account of Quality (if any mark obtained against Quality parameter is less than 30): Two Years 66
(iii) Poor Performance leading to termination of contract or Offloading of contract due to poor performance solely attributable to Vendor/ Supplier/Contractor/ Consultant or Repeated Offence: Three Years
Non performance of a Vendor/Supplier/Contractor/Consultant leading to termination of Contract/ Order, such Vendor/ Supplier/ Contractor/Consultant are also to be considered for Suspension.
In all such cases, concerned site will put up recommendation for issuance of SCN and putting the party on suspension list as per process defined for suspension in “Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices”
(B) Where Performance rating is “FAIR”:
Recommend for issuance of warning to such defaulting Vendor/ Supplier/Contractor/ Consultant to improve their performance.
3.2 FOR CONSULTANCY JOBS
Monitoring and Evaluation of consultancy jobs will be carried out in the same way as described in para 3.1 for Projects.
3.3 FOR OPERATION & MAINTENANCE
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of Operation and Maintenance shall be done immediately after execution of order/ contract.
ii) After execution of orders a Performance Rating Data Sheet (Format at Annexure-2) shall be prepared for Orders by Site C&P and for Contracts/Services by respective Engineer-In-Charge.
iii) Depending upon Performance Rating, following action need to be initiated by Site C&P:
Sl. No. Performance Rating Action
1 POOR Seek explanation for Poor performance 2. FAIR Seek explanation for Fair performance 3 GOOD Letter to the concerned for improving performance in future. 4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In case of satisfactory reply, Performance Rating data Sheet to be closed with a letter to the concerned for improving performance in future. 67
v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be taken:
A) Where performance rating is “POOR”
Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for putting on Holiday for a period from one to three years as given below:
(i) Poor Performance due to reasons other than Quality : One Year (ii) Poor Performance on account of Quality (if any mark obtained against Quality parameter is less than 30): Two Years (iv) Poor Performance leading to termination of contract or Offloading of contract due to poor performance solely attributable to Vendor/Supplier/Contractor/Consultant or Repeated Offence: Three Years
Non-performance of a Vendor/Supplier/Contractor/Consultant leading to termination of Contract/ Order such Vendor/ Supplier/ Contractor/Consultant are also to be considered for Suspension.
In all such cases, concerned site will put up recommendation for issuance of SCN and putting the party on suspension list as per process defined for suspension in “Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices”
(B) Where Performance rating is “FAIR”
Recommend for issuance of warning to such defaulting Vendors/Contractors/Consultants to improve their performance.
4.0 EXCLUSIONS: The following would be excluded from the scope of evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants: i) Orders/Contracts below the value of Rs. 7 Lakhs. ii) One time Vendor/ Supplier/Contractor/ Consultant. iii) Orders for Misc./Administrative items/ Non stock Non valuated items. However, concerned Engineer-in-Charge /OICs will continue to monitor such cases so as to minimize the impact on Projects/O&M plants due to non performance of Vendors/ Suppliers/Contractors/ Consultants in all such cases.
5.0 REVIEW & RESTORATION OF PARITES PUT ON HOLIDAY
5.1 An order for Holiday passed for a certain specified period shall deemed to have been automatically revoked on the expiry of that specified period and it will not be necessary to issue a specific formal order of revocation.
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Further, in case Vendor/ Supplier/Contractor/ Consultant is put on holiday due to quality, and new order is placed on bidder after restoration of Vendor/ Supplier/Contractor/ Consultant, such order will be properly monitored during execution stage by the concerned site.
6.0 EFFECT OF HOLIDAY
6.1 If a Vendor/ Supplier/Contractor/ Consultant is put on Holiday, such Vendor/ Supplier/Contractor/ Consultant should not be considered in ongoing tenders/future tenders.
6.2 However, if such Vendor/ Supplier/Contractor/ Consultant is already executing any other order/ contract and their performance is satisfactory in terms of the relevant contract, should be allowed to continue till its completion without any further increase in scope except those incidental to original scope mentioned in the contract. In such a case CPBG will not be forfeited and payment will be made as per provisions of concerned contract. However, this would be without prejudice to other terms and conditions of the contract.
6.3. Effect on other ongoing tendering:
6.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the party shall be ignored.
6.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the party shall not be opened and BG/EMD submitted by the party shall be returned to the party.
6.3.3 after opening of price, BG/EMD made by the party shall be returned; the offer of the party shall be ignored & will not be further evaluated. If errant party emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.
7.0 While putting the Vendor/ Supplier/Contractor/ Consultant on holiday as per the procedure, the holding company, subsidiary, joint venture, sister concerns, group division of the errant Vendor/ Supplier/Contractor/ Consultant shall not be considered for putting on holiday list.
Any bidder, put on holiday, will not be allowed to bid through consortium route also in new tender during the period of holiday.
8.0 If an unsuccessful bidder makes any vexatious, frivolous or malicious complaint against the tender process with the intention of delaying or defeating any procurement or causing loss to GAIL or any other bidder, such bidder will be put on holiday for a period of six months, if such complaint is proved to be vexatious, frivolous or malicious, after following the due procedure.
9. APPEAL AGAINST THE DECISION OF THE COMPETENT AUTHORITY:
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(a) The party may file an appeal against the order of the Competent Authority for putting the party on Holiday list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the of receipt of Holiday order.
(b) Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the party as well as the Competent Authority.
(c) Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority.
(d) “Appellate Authority” shall mean Committee of Directors consisting of Director (Finance) and Director (BD) for works centers under Director (Projects). For all other cases committee of Directors shall consist of Director (Finance) & Director (Projects).
10. ERRANT BIDDER
In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any mistake committed by him in bidding or withdrawal of bid or modification of bid or varying any term in regard thereof leading to re-tendering, GAIL shall forfeit EMD paid by the bidder and such bidders shall be debarred from participation in re- tendering of the same job(s)/item(s).
Further, such bidder will be put on holiday for a period of six months after following the due procedure.
11. In case Service Tax department brings to the notice of GAIL that a Party has not paid to the credit of the Government the Service Tax collected from GAIL, then party will be put on holiday for a period of six months after following the due procedure.
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Annexure-1 GAIL (India) Limited PERFORMANCE RATING DATA SHEET (FOR PROJECTS/ CONSULTANCY JOBS) i) Project/Work Centre : ii) Order/ Contract No. & date : iii) Brief description of Items : Works/Assignment iv) Order/Contract value (Rs.) : v) Name of Vendor/Supplier/ : Contractor/ Consultant vi) Contracted delivery/ : Completion Schedule vii) Actual delivery/ : Completion date
Performance Delivery/ Completion Quality Reliability Total Parameter Performance Performance Performance# Maximum Marks 40 40 20 100 Marks Allocated
Note: Remarks (if any) PERFORMANCE RATING (**) Note : (#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract payment term or seeking direct payment to the sub- vendor/sub-contractor due to financial constraints, then ‘0’ marks should be allotted against Reliability Performance. (*) Allocation of marks should be as per enclosed instructions (**) Performance rating shall be classified as under :
Sl. Range (Marks) Rating Signature of No. Authorised Signatory: 1 60 & below POOR 2 61-75 FAIR Name: 3 76-90 GOOD 4 More than 90 VERY Designation: 71
GOOD
Instructions for allocation of marks
1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks Completion Schedule
a) Upto 3 months Before CDD 40 Delay upto 4 weeks 35 ” 8 weeks 30 ” 10 weeks 25 ” 12 weeks 20 ” 16 weeks 15 More than 16 weeks 0
b) Above 3 months Before CDD 40 Delay upto 4 weeks 35 ” 8 weeks 30 ” 10 weeks 25 ” 16 weeks 20 ” 20 weeks 15 ” 24 weeks 10 More than 24 weeks 0
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks prorata basis for acceptable quantity as compared to total quantity for normal cases ii) When quality Failure of severe nature 0 marks failure endanger - Moderate nature 5 marks system integration - low severe nature 10-25 marks and safety of the system iii) Number of 1. No deviation 5 marks deviations 2. No. of deviations < 2 2 marks 3. No. of deviations > 2 0 marks
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1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement, 4 marks PBG, Drawings and other documents within time
ii) Mobilization of resources as per Contract and in 4 marks time
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements 4 marks
or
Reliability of Estimates/Design/Drawing etc. in case of Consultancy jobs
v) Timely submission of estimates and other 4 marks documents for Extra, Substituted & AHR items
B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings 5 marks and other documents within time
ii) Attending complaints and requests for after sales 5 marks service/ warranty repairs and/ or query/ advice (upto the evaluation period).
iii) Response to various correspondence and 5 marks conformance to standards like ISO iv) Submission of all required documents including 5 marks Test Certificates at the time of supply
Annexure-2 GAIL (India) Limited PERFORMANCE RATING DATA SHEET (FOR O&M) i) Location : ii) Order/ Contract No. & date : iii) Brief description of Items : 73
Works/Assignment iv) Order/Contract value (Rs.) : v) Name of Vendor/Supplier/ : Contractor/ Consultant vi) Contracted delivery/ : Completion Schedule vii) Actual delivery/ : Completion date
Performance Delivery Quality Reliability Total Parameter Performance Performance Performance# Maximum Marks 40 40 20 100 Marks Allocated (*) Remarks (if any) PERFORMANCE RATING (**) Note : (#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract payment term or seeking direct payment to the sub- vendor/sub-contractor due to financial constraints, then ‘0’ marks should be allotted against Reliability Performance (*) Allocation of marks should be as per enclosed instructions (**) Performance rating shall be classified as under :
Sl. Range (Marks) Rating Signature of No. Authorised Signatory: 1 60 & below POOR 2 61-75 FAIR Name: 3 76-90 GOOD 4 More than 90 VERY Designation: GOOD
Instructions for allocation of marks (For O&M)
1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks Completion Schedule
a) Upto 3 months Before CDD 40 74
Delay upto 4 weeks 35 ” 8 weeks 30 ” 10 weeks 25 ” 12 weeks 20 ” 16 weeks 15 More than 16 weeks 0
b) Above 3 months Before CDD 40 Delay upto 4 weeks 35 ” 8 weeks 30 ” 10 weeks 25 ” 16 weeks 20 ” 20 weeks 15 ” 24 weeks 10 More than 24 weeks 0
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks prorata basis for acceptable quantity as compared to total quantity for normal cases ii) When quality Failure of severe nature 0 marks failure endanger - Moderate nature 5 marks system integration - low severe nature 10-25 marks and safety of the system iii) Number of 1. No deviation 5 marks deviations 2. No. of deviations < 2 2 marks 3. No. of deviations > 2 0 marks 1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement, 4 marks PBG, Drawings and other documents within time
ii) Mobilization of resources as per Contract and in 4 marks time
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements 4 marks
or 75
Reliability of Estimates/Design/Drawing etc. in case of Consultancy jobs
v) Timely submission of estimates and other 4 marks documents for Extra, Substituted & AHR items
B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings 5 marks and other documents within time
ii) Attending complaints and requests for after sales 5 marks service/ warranty repairs and/ or query/ advice (upto the evaluation period).
iii) Response to various correspondence and 5 marks conformance to standards like ISO iv) Submission of all required documents including 5 marks Test Certificates at the time of supply
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ANNEXURE - K
CERTIFICATE FOR NON-INVOLVMENT OF GOVT. OF INDIA
To,
M/s GAIL (INDIA) LIMITED ______
SUB: TENDER NO:
Dear Sir,
If we become a successful Bidder and pursuant to the provisions of the Bidding Documents, award is given to us for the tender for “ ______”, the following Certificate shall be automatically enforceable:
"We agree and acknowledge that the Employer is entering into the Agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood & agreed that the Government of India is not a party to the Agreement and has no liabilities, obligations or rights thereunder. It is expressly understood and agreed that the Employer is authorized to enter into Agreement, solely on its own behalf under the applicable laws of India. We expressly agree, acknowledge and understand that the Employer is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Agreement. Accordingly, we hereby expressly waive, release and forego any and all actions or claims, including cross claims, VIP claims or counter claims against the Government of India arising out of the Agreement and covenants not to sue to Government of India as to any manner, claim, cause of action or things whatsoever arising of or under the Agreement."
Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:
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ANNEXURE - L ACKNOWLEDGEMENT CUM CONSENT LETTER
(On receipt of tender document/information regarding the tender, Bidder shall acknowledge the receipt and confirm his intention to bid or reason for non- participation against the enquiry /tender through e-mail/fax to concerned executive in GAIL issued the tender, by filling up the Format)
To, M/s GAIL (India) Limited P.O. – Pata (Nearby Dibiyapur) District - Auraiya (U.P.)
TENDER NO:
SUB:
Dear Sir,
We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/job and/or the information regarding the subject tender.
. We intend to bid as requested for the subject item/job and furnish following details with respect to our quoting office:
Postal Address with Pin Code : ...... Telephone Number : ...... Fax Number : ...... Contact Person : ...... E-mail Address : ...... Mobile No. : ...... Date : ...... Seal/Stamp : ......
. We are unable to bid for the reason given below:
Reasons for non-submission of bid: ______
Agency’s Name : ...... Signature : ...... Name : ...... Designation : ...... Date : ...... Seal/Stamp : ...... 78
ANNEXURE - M UNDERTAKING ON LETTERHEAD
To, M/s GAIL (India) Limited P.O. – Pata (Nearby Dibiyapur) District - Auraiya (U.P.)
TENDER NO: GAIL/PA18/77889/8000013482/190/PS
SUB:
Dear Sir
We hereby confirm that “The contents of this Tender Document No. ______have not been modified or altered by M/s. …………….( Name of the bidder with complete address). In case, it is found that the tender document has been modified / altered by the bidder, the bid submitted by M/s……………(Name of the bidder) shall be liable for rejection”.
Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:
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ANNEXURE N POWER OF ATTORNEY
(POWER OF ATTORNEY FOR AUTHORIZED SIGNATORY IN NON-JUDICIAL STAMP PAPER/COPY OF BOARD RESOLUTION (WHEREVER APPLICABLE);THE AUTHORIZED SIGNATORY SHALL BE SIGNING THE BID AND ANY CONSEQUENCE RESULTING DUE TO SUCH SIGNING SHALL BE BINDING ON THE BIDDER.) To, Manager (C&P) GAIL (India) Ltd. Pata (India) FAX: +91 5683 282446
TENDER NO:
SUB:
“The undersigned ______(Name of LEGAL PERSON with designation i.e. CEO/C&MD/Director/Company Secretary/any other authorized person) is lawfully authorized to represent and act on behalf of the company M/s ______(Name of bidder) whose registered address is ______and does hereby appoint Mr./Ms ______(name of authorized person signing the bid document) ______(Designation) of M/s ______(Name of bidder) whose signature appears below to be the true and lawful attorney/(s) and authorize him/her to sign the bid (both digitally and manually), conduct negotiation, sign contracts and execute all the necessary matter related thereto, in the name and on behalf of the company in connection with the tender no. ______for supply of ______.
The signature of the authorized person/(s) herein constitutes unconditional obligations of M/s ______(Name of bidder).
This Power of Attorney shall remain valid and in full force and effect before we withdrawal it in writing (by fax, or mail or post). All the documents signed (within the period of validity of the Power of Attorney) by the authorized person herein shall not be invalid because of such withdrawal.
SIGNATURE OF THE LEGAL PERSON ______(Name of person with Company seal)
SIGNATURE OF THE AUTHORIZED PERSON/(S) WHO WILL SIGN BID ______(Name of person) E-mail id: …………………………
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